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Home My WebLink AboutAgenda Packet 03-09-99 ~ ~ ....., MARCH 9, 1999 WELCOME BOARD OF COUNTY COMMISSIONERS MEETING AGENDA GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. " 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. \wf ..., ßOARD OF COUNTY COMMISSIONERS www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA March 9,1999 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held March 2, 1999. 2. Resolution No. 99-62- Proclaiming the week of March 14-20, 1999 as "Juvenile Justice Week" in St. Lucie County. Resolution No. 99-65- Proclaiming the week of March 15, 1999 as "Deaf Awareness Week" in St. Lucie County. /' ,Purchasing- The Chair will present a Certified prOfession~ Puhlic Buyer certificate ,/ /. . to Mr. Dino ~eRostaing, Contracts Coordinator in the Purchasing Division. :/- 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. / Fair Association Presentation- The Fair Association will present the site plan for the new Fairgrmmds. ,t' 3. GENERAL PTffiLIC COMMENT 4. CONSENT AGENDA NOTICE: AU 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. ~ ...., REGULAR AGENDA MARCH 9, 1999 PAGE TWO PUBLIC HEARINGS COUNTY ATTORNEY ~ Resolution No. 99-42- This public hearing is continued from the February 23, 1999 Commission meeting. Consider staff recommendation to continue the public hearing on the resolution, consenting to the transfer of control ofthe cable television franchise from AT&T to Media One and authorize the Chair to sign the resolq.tion to ~arch 23, 1999 at 9 AM or as soon thereafter as possible. -~~.---< fP 'If/tz;3 \\/ rl)~ J Spindler v. St. Lucie County- proposed settlement. Consider staff recommendation to approve the Ordinance No. 99-09- Consider staff recommendation to approve the ordinance amending the Code of Ordinances referring to Chapter 1-7 "Courts" and Chapter 2-10 "Libraries" . North Fork "Save Our Rivers"- Consider staff recommendation to approve the acquisition of the Childers Parcel for $47,850 and authorize the Chairman to execute the Agreement For Sale and Purchase and direct staffto close the transaction pursuant to the North Fork Acquisition and Ownership Agreement between the South Florida Water Management District, The Board of Trustees of the Internal Improvement / Trust Fund of,the State of Florida and St. Lucie County. . North Fork "Save Our Rivers"- Consider staff recommendation to approve the acquisition ofthe Barker Parcel for $32,500 and authorize the Chairman to execute the Agreement For Sale and Purchase and direct staff to close the transaction pursuant to the North Fork Acquisition and Ownership Agreement between the South Florida Water Management District, The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and St. Lucie County. 6. v r" t..-- fJvI- ¿"L, Id ~.~ ý~# 1- JIf1,,/J>c -/' 7;;;~:/jJ B. Midway Walgreens- The Board is asked to discuss and vote on a proposed settlement . '" with the developer of the Midway Walgreens site concerning tree restoration. / ~ 7 ...../~ .~ 1'£ I)' ~ J.,'1'1'- ? !--?4 - 5- rh-- " p / ¡:.-~ S~r c,," po-t C. ..r ~ r¡-ø l--;p~.,.,~-cß~- ~----. rI- þ1.f.qCJr>-- ~-'~ ~~tI9.-¡ /~7 Solid Waste- The Board is requested to re-lIéwthe tipping fees fo~o~ruction and C F,Lv~ dewolition debris tipping fees. V/~ r Il/tJ r 76 1./-- f, L.- S- v># ~ ¡z:¿,""'-c-I- ~. / Engineering- Consider staff recommendati¿n to approve Work Authorization No. 11 i to the contract with Williams, Hatfield and Stoner for the Taylor Creek Dredging I Project in the amount of $10,000. L~ 7P"7 ¡¿:) c1--J2,-þ ~ 2(.' k'~ . 7. ~ ....." REGULAR AGENDA MARCH 9, 1999 REGULAR AGENDA 8. COMMUNITY DEVEI~OPMENT Landfill Billboards- Consider staff recommendation to approve utilitization of the Glades Road Landfill billboards to promote the County when the boards are not being used. Staff requests direction on the type of visitor message preferred. ¿~.-- ~ - C)YL._ " ~ '-" ....." CONSENT AGENDA March 9, 1999 1. WARRANTS LIST Approve warrants list No. 23. 2. PURCHASING A. Permission to advertise- Consider staff request for permission to advertise for bids for the publication of Delinquent Tax Notices. B. Budget Amendment No. 99-111/Equipment Request No. 99-200- Consider staff recommendation to approve the amendment transferring $1,713 and the equipment request for the purchase of a server for the new purchasing card program. C. Bid No. 99-08- Consider staff recommendation to award the bid for bridge replacement at Orange Avenue and C-24 canal to Shoreline Foundation in the amount of $790,581.75. Authorize the Chairman to sign the contract as prepared by the County Attorney. Establish the project budget as outlined. D. Bid No. 99-35- Consider staff recommendation to award the bid for purchase of six) mowers to Florida Coast Equipment and Hector Turf for the Parks Division. . E. Permission to advertise- Consider staff request for permission to advertise for request i for proposals for construction of industrial buildings at the St. Lucie County International Airport. 3. HUMAN SERVICES Federal Transit Administration Grant- Consider staff recommendation to accept the 1998/99 grant, approve Resolution No. 99-66, authorize the Chairman to execute all documents and approve the contract with the Council of Aging of St. Lucie, Inc. 4. LEISURE SERVICES A. Grant Agreement- Consider staff recommendation to approve the grant agreement with the St. l,ucie Mural Society to facilitate the production of a mural at the Bob Gladwin Baseball Complex. Approve Budget Resolution No. 99':"57 appropriating $3,500 toward the mural project. B. EQ No. 99-97- Consider staff recommendation to approve an increàse in the equipment request of $2,250 for the purchase of a Geo Thermal Heater for the Port St. Lucie pool. 5. PUBI,IC SAFETY State and Local Assistance Agreement Grant- Consider staff recommendation to approve the agreement with the State of Florida for FY 98-99. Approve Resolution No. 99-63 and authorize the Chairman to sign the agreement. '-" CONSENT AGENDA MARCH 9, 1999 PAGE TWO 6. CENTRAL SERVICES ...., Contract Amendment- Consider staff recommendation to approve the first amendment to the contract with Space Coast General Contractors in the amount of $55,900 to perform Category 3 modifications to the roof trusses at the Civic Center. 7. COUNTY ATTORNEY A. Indrio North Savannas Project- Consider staff recommendation to approve the following option agreements and authorize the Chairman to execute the agreements: Parcel 126 - Dawes, Dennis & Dorothy Parcel 136 - McDaniel, Morgan Parcel 171 - Reinginger, Lee Roy Parcel 172 - Sherblom, Edward Parcel 179 - Zapf, W.C. Parcel 180 - King, Wendell & Mildred Parcel 183 - Ruttinger, Richard & Mary Parcel 185 - Hinrichs, Elenora Parcel 188 - McNamee, Walter Parcel 189 - Cunnignham Family Trust Parcel 178 - Fether, Carol Parcel 204- Sewright, SterUng&Berdene Parcel 194 - Smola, John K. Parcel 200 - Fisher, Jack Parcel 201 - Graft, Ralph & Della Parcel 203 - McClure, Paul & Dixie Parcel 207 - Remington, Robert Parcel 208 - Piranian, Mary Parcel 213 - Vuyosevich, Mary Parcel 215 - Bircheat, M.G. Parcel 216 - Thomas, Mary Parcel 217 - Dunn, Earl Florence Parcel 192 - Chandler, Janet B. Interlocal Agreement- Consider staff recommendation to- approve the interlocal agreement with the Sheriff's Office for administration of various law enforcement grants and authorize the Chairman to sign the agreement. ., C. Agreement Amendment- Consider staff recommendation to approve the first amendment to the agreement with Absolute Testing and Consulting, Inc. for post accident alcohol and drug screening and authorize the chairman to sign the amendment upon receipt of the signed originals. D. Tourist Development- Consider staff recommendation to approve the consent to assignment of the agreement with Mass Beach Inc. d/b/a MBI Marketing/Advertising to R.J. Gibson, Inc. and authorize the Chairman to sign the assignment. 8. PUBLIC WORKS Engineering- Consider staff recommendation to release the retainage for culvert replacement on Header Canal at Canal 74 and approve the final payment in the amount of $6,999 to Sheltra and Sons. 9. COMMUNITY DEVELOPMENT Tourism- Consider Tourist Development and staff recommendation to approve payment of the February invoices to MBI Advertising in the amount of $13,685.48. 10. ADMINISTRATION Contractor Certification Board- Consider the request of Commissioner Doug Coward to ratify his appointment of Carol Hughes to the Contractor Certification Board. '-' ...., CONSENT AGENDA MARCH 9, 1999 PAGE THREE 11. PERMISSION TO ADVERTISEIRECOMMENDED FOR A NIGHT MEETING County Attorney- Consider staff request for permission to advertise a public hearing to be held on April 6, 1999 for abandonment of a portion of the existing drainage easement on Lot 1, Wide Waters Subdivision. 12. MANAGEMENT AND BUDGET Resolution No. 99-67- Consider staff recommendation to approve the budget resolution appropriating the revenues from the bond sale for the Environmentally Significant Lands Program and amending the FY 98-99 budget accordingly. 13. UTII ,ITIES South Hutchinson Island Conveyance System- Consider staff recommendation to approve Change Order No. 14 to the contract with Speegle Construction reducing it by $72,797, release the retainage in the amount of $85,689.70. Authorize the Chairman to sign. " '-"'" ....., \.- BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA MARCH 9,1999 CONSENT AGENDA AvMINISTRA TION / / A.I Ft. Pierce Downtown Library- Consider staff recommendation to approve increase in funding and direct staff to move the funds from available capital reserves. Approve Resolution No. 99- 68 appropriating an additional $10,000 contribution to the project from the City of Fort Pierce. ¡tOMMUNITY DEVELOPMENT 1'.2 The Reserve- Consider staff recommendation to grant final plat approval for Parcel 27 at the Reserve-Re-plat of Muirfield Village. +3 Magnum EnvironmentaVOTTE- Consider staff recommendation to approve a work authorization with Lindahl, Browning, Ferrari and Hellstrom to design and construct a railroad spur. \.- /ERMISSION TO ADVERTISE/RECOMMENDED FOR A NIGHT MEE!ING A.4 Engineering- Consider staff request for permission to advertise a second public hearing for the use of in-house labor services, employees, and equipment to construct a portion of the Ideal Holding Road MSBU Project, on April 6, 1999 at 7:00 PM or as soon thereafter as possible. REGULAR AGENDA ADMINISTRA TION Á.5 Resolution No. 99-70- Consider staff recommendation to approve the resolution supporting MPO Resolution No. 99-0 urging the state legislature to provide funding for a regional transit study to address the feasibility of establishing an intermodal transit system. A.6 Resolution No. 99-69-Consider staff recommendation to approve the resolution in support of the establishment of Florida Forever as a successor program to Preservation 2000. \.,. ._.c::--....; :~ .,""" -~:~ ~ "~~ .:'.~; ~ ....." BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 2, 1999 Tape: 1-2 Convened: 7:05 p.m. Adjourned: 10:00 p.m. Commissioners Present: Chairman, Paula A. Lewis; John D. Bruhn, Frannie Hutchinson, Cliff Barnes; Doug Coward Others Present: Doug Anderson, County Administrator; Phil Freeland, Asst. County Administrator; Dan McIntyre, County Attorney; Ray Wazny, Public Works Director; Julia Shewchuk, Community Development Director; Bill Blazak, Utilities Director; Jack Doughney, Leisure Services Director; Don West, County Engineer; Mike Bowers, Road and Bridge Manager; Paul Phillips, Airport Director; Gayla Barwick, Tourism Manager; David Kelly, Planning Manager; Dennis Murphy, Land Development Coordinator; Harvey Lincoln, M & B Manager; Joe FinneganlPersonnel/Risk Manager; Deputy Williams, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-030) It was moved by Com. Bruhn, seconded by Com. Coward, to approve the minutes of the meeting held February 23, 1999; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS Mr. Edward Beck addressed the Board regarding the Walgreens site on Midway. He requested the Board deal with this issue tonight due to the Sunshine Law which has made it difficult to resolve the impass which presently exists. Com. Lewis stated she would prefer to discuss this issue at next week's meeting due to the fact that the attorney's are still discussing the matter and she does not have any information at this point. Com. Bruhn stated he would consider discussing the matter this evening since the attorney's seem to be having a problem settling the issue. Com. Barnes stated he felt since he does not have any information before him tonight, he would prefer a proposal be presented rather than trying to settle this issue with nothing to review tonight. Com. Coward stated he would be willing to discuss the issue tonight provided there is a general consensus by the Board to give direction. Com. Hutchinson concurs with both Com. Lewis and Barnes and would prefer to review it next week due to the fact she also does not have any information with her tonight. It was the consensus of the Board to discuss this item at next week's meeting. '-" .....", Mr. Brian Killday, St. Lucie County resident, addressed the Board regarding the web site and the agenda not being available on the site until after the meeting, he requested the agenda be posted the Thursday before the Commission meeting. The County Administrator advised the Board that a full report on the web site will be distributed tomorrow. 3. CONSENT AGENDA (1-042) A-3- Com. Barnes addressed the 2.9 million dollars requested by the Sheriffs Department and the various questions he would like answered before budget sessions begin in July. He suggested that the Board enter into workshops with the Sheriffs department before July to discuss this Issue. Com. Hutchinson concurred with Com. Barnes and asked the Board also consider the other increases which may be requested by the Constitutional Officers and would like to meet with the Citizens Advisory Committee before meeting with the Sheriff to see where the county stands budget wise for the upcoming year and also discuss priorities and where funds will be spent. Com. Barnes commented on the increasing budget requests by the Sheriff s department in the past years and where will these additional funds be expended and at what level of personnel. Com. Lewis stated she also had many questions and this is why the letter from the Board was drafted. She concurred with having worksessions and suggested the letter be sent to the Sheriff and await a response and then schedule worksessions to review the response. Com. Bruhn stated he also had questions for the Sheriffs department and concurred with having worksessions before the budget sessions begin. The County Administrator stated staff would send the letter signed by all five Commissioners to the Sheriff and forward any other questions the Board may have with all replies to be discussed at a scheduled worksession. 6.A Curtis King Blvd. - Change Order No. 1 to the contract with URS/Greiner for additional engineering as a result of pond relocation, in the amount of $36, 1 00. Mr. Robert Sherman, representing URS Greiner addressed Com. Hutchinson's questions and concerns. He stated he was not in agreement with her statement that they should be responsible and held financially accountable for the relocation. After continued discussion by the Board, Com. Hutchinson requested this item be held for a separate vote. It was moved by Com. Barnes, seconded by Com. Coward to approve the Consent Agenda; to include the Additions, absent the Change Order for Greiner on item C-6A; with the balance being approved; and, upon roll call, motion carried unanimously. C-6A. Com. Barnes requested staff look into the issue - Change Order No.1 with URS Greiner and return to the Board next week for final action. It was the consensus of the Board to continue discussion on this item at the next Board meeting. 1. Warrant List No. 22 The Board approved Warrant List No. 22 '-' ....", 2. COUNTY ATTORNEY A. St. Lucie County Sports Complex- The Board approved the Fourth Addendum to Facilities Use Agreement and Second Addendum to the Florida State League Agreement with the New York Mets and the St. Lucie Mets concerning a new scoreboard at the Stadium. B. Resolution No. 99-52- The Board approved the resolution rescinding Resolution No. 88- 154 which exercised eminent domain authority for acquisition ofland for right of way at So. 25th St. and Edwards Road. C. Legal Aid Society- The Board approved the Agreement with Legal Aid Society for the Bar Association of St. Lucie County, Florida and authorized the chairman to sign the Agreement. 3. MANAGEMENT AND BUDGET Resolution No. 99-58- The Board approved the budget resolution appropriating $22,091 grant in aid from the Office of the State Courts Administrator. 4. PUBLIC WORKS A. Road and Bridge- The Board approved the list of proposed roads selected for the Asphalt Millings Road project for 1998/99. B. Engineering- The Board approved funding to the city ofFt. Pierce for modification to County maintained drainage outfalls within the Moore's Creek Project in an amount not to exceed $25,000 and approved the project budget. C. Road and Bridge- The Board approved advertising the FY 98/99 Road Resurfacing bid. 5. PERMISSION TO ADVERTISE/RECOMMENDED FOR A NIGHT MEETING Public Works- The Board approved advertising the second public hearing on the Ideal Holding Road MSBU for April 6, 1999. 6. AIRPORT A. The Board approved the following for this project and authorized the Chairman to sign all documents subj ect to DOT approval. Change Order No. 1 to the contract with Bennett Site Development for additional construction costs in the amount of $57,800.4 7 Change Order No.1 to the contract with Culpepper and Terpening for additional construction management in the amount of$14,500. Approved direct payment of$73,900 to FPUA for conversion of the underground power and utility enhancements. Resolution No. 99-59- appropriating and expending funds received from the FDOT for the additional work. B. Resolution No. 99-61- The Board approved the resolution accepting the Supplemental Joint Participation Agreement for construction of Curtis King Blvd., and parking lot improvements and approved the JP A and authorized the Chairman to execute. ~ ..""", ADDITIONS- A-I County Attorney- The Board approved the extension of the agreement with Post, Buckley, Schuh and Jernigan for water quality testing. A-2 Community Development- The Board approved advertising two public hearings and a Fair Housing Workshop forJhe FFY 1999 Community Development Block Grant application. 7. . COMMUNITY DEVELOPMENT St. Lucie West Road Impact Fee Credit- Consider staff recommendation to approve the Road Impact Fee Credit Agreement 99-002 with the St. Lucie West Development Corporation for certain right of way dedications in the amount of $4,239,320. It was moved by Com. Coward, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. 4. COMMUNITY DEVELOPMENT (1-1252) Ordinance No. 99-02- This is the second of two required public hearings. Consider staff recommendation to approve the ordinance which proposes general amendments to the St. Lucie County Land Development Code. The Land Development Coordinator addressed the Board on this issue and reviewed the corrections and changes as previously directed by the Board. He advised the Board of a change not yet implemented( i.e. scope of authority of the Community Development Director with regards to the 300 feet variance relief) due to the fact the change exceeded the advertising limits and this will be brought back in future amendments this calendar year. Ms. Patricia Ferrick, North Fork property owners, addressed the Board regarding 7.05.05 and advised the Board that her association would like to go on record as opposing this change. Com. Coward suggested clarifying the fact that this change alluded to internal roads. Com. Barnes expressed his concern with this change. The Land Development Coordinator stated he felt this change addressed his concerns. Ms. ?\ ancy Spaulding, Marina Drive resident, addressed the change and her concerns. The Land Development Coordinator advised Ms. Spaulding that the property she is questioning is not part of the PUD environment. Mr. Brian Killday, area resident, addressed the Board regarding the code change and stated he concurred with Com. Barnes' concerns. Mr. Bill Hearn, Indrio resident, addressed the Board regarding the language on page 12, section P; page 11, section D; and some of the numbers not being placed correctly. The Land Development Coordinator advised Mr. Hearn that these were typographical errors and would be corrected . Mr. Mike Reardon, Marina Drive resident, he would like the opportunity to review the latest addendum and asked the Board defer this topic until a future time. ¥ ""wIll Com. Lewis suggested the Board have supervision of tower issues. She is not comfortable with changing the function of the Board of Adjustment. The Board continued to discuss the various changes to the code regarding the landscaping around tower bases. ..j It was the consensus of the Board to continue the public hearing to further discuss the issues. It was moved by Com. Coward, seconded by Com. Bruhn, to continue the public hearing on April 6, 1999 at 7:00 p.m. or as soon thereafter as possible. 5. ADMINISTRATION (2-187) A. Opera Society- The Board was asked to discuss the request from the Treasure Coast Opera Society for emergency funding. The County Administrator addressed the Board regarding the analysis of their funding and expenses. Com. Barnes alluded to the past years of funding for these types of groups and their impact on the county's budget. He expressed his concerns with re-starting any funding for groups and placing the Board in a position to pick and choose from profit and non-profit groups and having them repeatedly return for funding each year. Mr. Keith Hartley, Treasurer for the Opera Society, addressed the Board on the request. Mr. Hartley stated it was not the intent of the Society to repeatedly request funding from year to year. Com. Coward stated he was uncomfortable with voting on this issue and would like to be able to make a decision at to what to expend any money on while looking at the Cultural Affairs issue as a whole, not on a first come, first serve basis. Com. Hutchinson suggested delaying action on this item until after the Cultural Affairs workshop. No official action taken, the matter will be discussed at the 3/12/99 Cultural Affairs W orkssession. B. Reorganization- Consider staff recommendation to approve the following changes to the County's organizational structure: - Establish the Library as a separate County department - Transfer the Tourism Division to the Community Development Department - Make modifications in the Automated Services Department - Create the position of Public Infonnation Officer - Create the position of Grant Writer - Reclassify the position of Stadium Superintendent to Stadium Manager for the Thomas J. White Stadium - Reclassify the Planner II position to the position of Resource Protection Coordinator - Make changes in the Community Development Department salary structure - Hire an Engineering Intern instead of a Civil Engineer Com. Barnes expressed his concerns with the position of Resource Protection Coordinator and stated he would rather have a separate department for this purpose. \w" ...", Com. Coward concurred with Com. Barnes as far as an individual department if existing positions could be assembled into a Natural Resource Department or that is not financially feasible, his second choice would be to create an Environmental Division within the Community Development Department that reports to the Community Development Director. Ms. Patricia Ferrick, area resident, addressed the Board regarding the Tourism Division and felt it should stand alone. The County Administrator addressed Ms. Ferrick's request. Com. Bruhn questioned the Stadium Manager's position and why it is not being funded through Leisure Services and why was it not brought up during the budget sessions. The County Administrator advised Com. Bruhn that this would be coming from the Thomas J. White Stadium budget and it would not be take from our General Fund and the position is only a reclassification. Com. Hutchinson requested the person hired for the Public Infonnation Officer's position, have a keen knowledge of St. Lucie County. The County Administrator addressed Com. Hutchinson's request. Com. Coward requested that the Resource Protection Coordinator also have included in his job description to review all environmental components in the Land Development Code. It was moved by Com. Coward, seconded by Com. Hutchinson, to approve staff recommendation with the added changes and requests; and, upon roll call, motion carried unanimously. 6. TAYLOR CREEK (2-1716) Taylor Creek Pennits- Board direction was requested to abandon the pennit exemption for maintenance dredging of Taylor Creek and to proceed with plans for an ERP pennit from the South Florida Water Management District. Com. Coward requested the Board approve the first portion of this item and delay proceeding with the plans for the pennit until additional infonnation can be presented to the Board. Com. Barnes addressed Com. Coward's request and alluded to the possibility oflosing the funding if it does not proceed. Com. Coward stated he felt they were being pressured to move forward with limited infonnation. Com. Barnes stated SFWMD would not move forward up stream unless the county moves forward with Taylor Creek. It was moved by Com. Barnes to approve abandoning the pennit exemption for maintenance dredging of Taylor Creek and to proceed with plans for an ERP pennit from SFWMD; seconded by Com. Coward - for discussion; Com. Coward suggested going ahead with the first part of the issue and discussing the ERP pennit at the March 23, 1999 meeting; The County Administrator advised Com. Coward that the SFWMD needs a very specific scope of services by April 1, 1999. 'w" ......- . . It was then moved by Com. Barnes, seconded by Com. Coward to approve the recommendation as it exists (and this would accomplish both objectives) and bring it back before the Board; (the intention was not to approve an agreement, but to negotiate with BCl); and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned at 10:00 p.m. Chairman Clerk of Circuit Court /. ~ ~ AGENDA REOUEST ITEM NO. -2A DATE: March 9, 1999 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 99-62 - Proclaiming March 14, 1999, through March 20, 1999, as "JUVENILE JUSTICE WEEK" in St. Lucie County, Florida. BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 99-62 as drafted. SSION ACTION: CE: APPROVED [] DENIED []OTHER: County Attorney: ~ Review and ADDrovals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eft. 5/96 "" -..."I () /1 ;. RESOLUTION NO. 99-62 - ~ A RESOLUTION PROCLAIMING MARCH 14, 1999, THROUGH MARCH 20, 1999, AS "JUVENILE JUSTICE WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following detenninations: 1. Florida's juvenile crime problem has ramifications far beyond the juvenile justice system, and affects the health and integrity of the state's business, community, education, and family institutions. 2. After a continual increase in juvenile crime over the past ten years, in fiscal year 1997-98 there was a one percent decrease in youth referred for delinquency in the State of Florida. 3. The St. Lucie County Board of County Commissioners is committed to reducing and preventing juvenile crime in St. Lucie County and protecting its citizens in partnership with the St. Lucie County Juvenile Justice Council and its member agencies. 4. St. Lucie County will work with the Department of Juvenile Justice, local business, law enforcement, schools, the judiciary, the faith community, and other concerned citizens on programs to prevent juvenile crime and improve youth intervention services. 5. The citizens of St. Lucie County need to have a heightened awareness of juvenile justice Issues. NOW, THEREFORE, BE IT RESOLVED by the Board of County Conunissioners of St. Lucie County, Florida. 1. This Board does hereby proclaim March 14, 1999, through March 20, 1999, as "JUVENILE JUSTICE WEEK" in S~. Lucie County, Florida. '-' ...." 2. This Board urges the citizens of St. Lucie County to take part in stopping or preventing juvenile delinquency, join together in the fight against crime in our community, and to make a . conscious effort to learn more about the programs for prevention and intervention. PASSED AND DULY ADOPTED this 9th day of March, 1999 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY -'" , 'Æj '-' ..." St.. Lucie Cournty ]urveJ£1ú.le ]urstice Cou[]£1cil 337 North 4th Street, Suite D, Fort Pierce, FL 34950 561-467-3166 1998/99 Offìcers Chairperson Christine Epps St. Lucie County Sheriff's Office 561-462-3316 Vice-Chairperson Barbara Bacon New Horizon's of the Treasure Coast 561-468-5655 Secretary Terry Spaide Florida Treasure Coast Safèty Council 561-461-1424 Past-Chairperson Andrea Howard Boy's & Girls Clubs of St. Lucie County 561-460-9918 February 22, 1999 ~!Åq~ ~~q µ1}\~4 ~ Mr. Douglas Anderson County Administrator Saint Lucie County 2300 Virginia A venue Fort Pierce, FL 34982 .~ Dear~: i:J1A- ~ On behalf of the St. Lucie County Juvenile Justice Council I am requesting a resolution of the Board of County Commissioners declaring the week of March 14 to 20, 1999 as Juvenile Justice Week in St. Lucie County. The County Council consists of individual members of organizations and agencies that have an interest in preventing juvenile crime and improving youth intervention services. I have included a sample "Proclamation" which can be'used as a model for the resolution. Please let me know when this will be on the County Commission agenda. I can be reached at 467-1139. Sincerely, QcVU ;----- - "j 100- Œ ® Œ ~ W Œ ~¡ ¡ Ii: ,U I FEB 2 2 1999 ¡ ~.. . ¡ J L co. w";,,,. OF",:,,_I Dale Trefelner Director St. Lucie Juvenile Assessment Center ,~ ~ 'wi County of Board of County Commissioners PROCLAMATION WHEREAS, Florida'sjuvenile crime problem has ramifications far beyond the juvenile justice system and affects the health and integrity of the state's business, community, education, and family institutions; and WHEREAS, after a continual increase in juvenile crime over the past ten years, in fiscal year 1997-98 there was a one percent decrease in youth referred for delinquency in the State of Florida; and WHEREAS, the _ County Board of Commissioners is committed to reducing and preventing juvenile crime in our county and protecting its citizens in partnership with the _ County Juvenile Justice Council and its member agencies; and WHEREAS, _ County will work with the Department of Juvenile Justice, local businesses, law enforcement, schools, the judiciary, the faith community, and other concerned citizens on programs to prevent juvenile crime and improve youth intervention services; and WHEREAS, the citizens of our community need to have a heightened awareness of juvenile justice issues. NOW THEREFORE BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF COUNTY, FLORIDA, does hereby unanimously proclaim March 14 to 20, 1999, as JUVENILE JUSTICE \VEEK in County, and urges all citizens of our community to take part in stopping or preventing juvenile delinquency and to make a conscious effort to learn more about the programs for prevention and intervention; and further call upon all the citizens to join together in the fight against crime in our community. DONE ,ORDERED AND ADOPTED, in regular session this _day of 1999. A.D. Chairperson, County Board of County Commissioners '-' ....., AGENDA REQUEST ITEM NO. ,:J ß DA TE: March 9, 1999 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 99-65 - Proclaiming the Week of March 15, 1999, as "DEAF AWARENESS WEEK" in St. Lucie County, Florida. BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 99-65 as drafted. COMMISSION ACTION: ~ APPROVED [] DENIED []OTHER: CE: County Attorney: ur Review and ADDrovals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 ( ..." '-' "'-" '112 i./ ---- I;. RESOLUTION NO. 99-65 A RESOLUTION PROCLAIMING THE WEEK OF MARCH 15, ·1999, AS "DEAF AWARENESS WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Deaf Service Center of the Treasure Coast, Inc., (DSC) founded in December of 1988, is a non-profit organization created to provide equal accessibility to the hearing and speech impaired members of St. Lucie County. 2. The mission of the Deaf Service Center of the Treasure Coast, Inc. is to establish links between the hearing impaired and the hearing world. Its services over the past ten years have expanded to include Sign Language Interpreting Service, ADA Advocacy for Clients, a Hearing Aid Bank, American Sign Language Classes, a Telecommunications Equipment Training Program, a Resource Library, Consumer Assistance, Community Education and Outreach, and an Information and Referral Service. 3. The services ofDSC are available to the more than 70,000 deat: speech impaired, and hard of hearing in the four county service delivery area encompassing Indian River, Martin, Okeechobee and St. Lucie County, Florida; 29,000 of which reside in St. Lucie County.. 4. Linking the hearing and speech impaired individuals, to the hearing world, is a commitment which all citizens should make by working together to improve the quality of life for all in our community. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: .. . > ~ ..."",1 1. This Board does hereby proclaim the week of March 15, 1999, as "DEAF AWARENESS WEEK" in S1. Lucie County, Florida. 2. This Board urges all citizens ofSt. Lucie County to be dedicated to improving the quality of life for all those who are hearing and speech impaired . PASSED AND DULY ADOPTED this 9th day of March, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ,Feb 25 99 OI:49p "ichard J. Kottler '-" ~tr fj.~ 5F"-335-9?33 "-'" 3)9 ~ ~ 5£4' c;.k 3 3 S. J . j\r J.; µ.if I~ J-4 ~ ~~: WóP-i)^ ,~ ® p.2 ... Deaf Service Center gLm~~T~_~.~2¡M.,JL~_ Q,Q.~!-%t,~,!!.u;, Serving It16 Deaf, H/fId of floaTing, '" S{JQ8Ch Jmpa;t8(/ "Help us link the hearing Impaired to the hearing world!" February 24. ) Q99 To the ßoard of County Commissioners of8t- Lucie County, Board of Directors On behalf oftbe Board of Direct OJ'S of the Deaf Service Center of the Treasure Coast, Inc.. the Membership and the Deaf and liard of Hearing Community, I respectfully request that you declare the week of March 15th '"Deaf Awareness Week". We would appreciate your consideration as this coincides with our Gala and Auotion being held on the 19th at the Port St. Lucie Community Center. EJecudye IIomI ChsiIp- Gc:raIdiaø K1IJMøwIk.y Pall aod VlbitJø,y v_ CbøirJ>er:-t Gre¡œ:y l'æaJa NI-"'J otLaw DirecC8n LiaØa-B._ AßøJø LiaooInPMk^"'<lany .JaIIìIIy Codøy a-. oø;.. SIJRIIy De1Ioata Qœe I.ifäiøa W<>IicoI acmo. »-iaB.~ AIINrt M.nt Di-.e PIIZiaa Raæ 8taabd tkoILa.ia Amaipodt Jitobertv. Vmã aa..Jc. W.nhlia& The Deaf Service Center of the Treasure Coast, Inc. is a 501(c)(3) non- profit organization created to provide equal acçesS1òility to the hearing and speech impaired members of our coumunity. The mission of the DSC is to establish links between the hearing impaired and the hearing world. Founded in December of 1988~ our comnumity services have been evolved and expanded over the past ten years to our current level of service: Sign Language Interpreting SeMœ~ ADA Advocacy for Clients. Hearing Aid Bank, American Sign Language CJasses. TelCCOl11lJ1Wliçat Equipment Training Program. Resource Library, Consumer Assistance, Cwno'wJnity Education and Outreach, and Information and Referral Service. These services are available to the more than 70,000 deaf: speech impaired and hanl of hearing in our four county serviœ detivery area encompassing Indian River, Martin, Okeecbobee and St. Lucie Counties. Sec:n1tary 1Iarb- CœtMÞ F.DLR8 'Iì'eawrer DoMd I..eC4ÞoI Fo8t GI1rpIri.. P1ÎIIIÍQ8 Thank you for your kind consideration. Richard J. Kottler, Jr. Executive Dircçtor AcJmiaistradoD Ric:bar41 KøttW.1r. &-tivoDú.w Doo8ld k Ga11-.y Diroot.,~ ~~(!".:':~ 1""_ ;vh::~';;.ln ~nn.d_ s~ü:' ZOo\.¡: lta~: ::~.l...,...~. FL i_,i~5: :"0~ 13.'; 5.5~U \ V~tL:~~j. -:,'~:66(rT¡n.;. -.;J7.1.;{r":.-.) .,: ,~-_~.~: '::!...~ '; .~:;·!.\;.-.t.;· ~!¿ï, ~i'.,:...!:' ~'=lc; rrrrv.·:,t.:o~ili.r~,.!l"1;!:."'· :'::'~;'Fj·; '::0\ h."j',~: .¡~,. ~ ~ AGENDA REQUEST ...., ITEM NO. 2-C DATE: March 9, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Presentation of Certification Certified Professional Public Buyer (CPPB) to Dino DeRostaing BACKGROUND: Organized in 1944, the National Institute of Governmental Purchasing (NIGP) is a non-profit international education and technical organization. The certification programs are administered under the auspices of the Universal Public Purchasing Certification Council. CPPB candidates must meet specific criteria established by the UPPCC including: current employment, education and purchasing experience. The UPPCC certification program holds international accreditation from the International Federation of Purchasing and Materials Management (IFPMM). FUNDS AVAIL: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends presentation of the Certified Professional Public Buyer to Dino Derostaing. COMMISSION ACTION: u Anderson County Administrator [ ] APPROVED [] DENIED rvlOTHER: . presentatlon made I Coordination/Signatures County Attorney: Mgt. & Budget: Purchasing Mgr.:(X) 13 Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) Eff. 1/97 H:\WP\AGENDAS\OTHER\CPPB to Dino.wpd ~ ""'-" J(J \. MEMORANDUM PURCHASING DEPARTMENT TO: Doug Anderson, County Administrator c\3 FROM: Charles L. Bicht, Sr., Purchasing Manager DATE: February 15, 1999 SUBJECT: Professional Certification I am very pleased to froward to you the attached information. To be certified as a CPPB takes time and dedication. I am proud of any employee that produces the effort to become certified in their profession. With your permission, when the actual certification arrives, I would like it presented to Dino at a BOCC meeting. March is Purchasing month, so I thought the March 9th meeting would be appropriate. Please let me know if you concur. , H:\WP\MEMOS\lMEMO.BLK .. 111.6 r I umvERsAL :UBUC PURCHAsŒG CERTmCATION :UNCL 151 Spring Street, Suite 300, Herndon, VA 20170 · 703-736-8900 . Fax 703-736-9639 Web Address: http://www.nigp February 8, 1999 Arthur A. DeRostaing, CPPB 2429 NE 18th Lane Jensen Beach, FL 34957-7305 Dear Mr. DeRostaing: Congratulations! You have successfully fulfilled all of the requirements to receive your designation as a Certified Professional Public Buyer (CPPB) by the Universal Public Purchasing Certification Council (UPPCC). Your accomplishment demonstrates a commitment to the purchasing profession through public sector work experiences and a willingness to become knowledgeable of the technical practices inherent in our profession. As a CPPB, you have now joined a prestigious group of professionals! In recognition of your new certification designation, we have enclosed your silver-plated CPPB pin along with a copy of your certification examination history that includes your most recent CPPB exam score(s). It is recommended that these documents be retained in your personal records. We will also note your success in a future edition ofNIGP's newsletter, Purchasing Notes. Since we are cUITently experiencing a delay in the engraving of your certificate, we did not want to wait to send you the good news; so we will be sending your new certificate to you by the end of February. As a reminder, it is a requirement of the UPPCC to accumulate 10 professional development points within five years of issuance of your CPPB certificate in order to maintain your certification. For your convenience, we have enclosed a Recertification Application that explains how you can achieve these points. As you continue to utilize NIGP services in the course of your public purchasing development, we encourage you to use your NIGP Personal ill Number 023391 that allows NIGP to quickly access your records. Please note your Personal ill on any future NIGP correspondence and registrations, including your Recertification Application. You may want to record this ill number in your personal records. gain my personal congratulations! I am confident that you will wear the CPPB pin with pride and I courage you to use the "CPPB" as part of your name and title in all of your official correspondence. ank you for recognizing our profession through this great achievement. ours in Purchasing Professionalism, , (.f) '" .. I.D :-i ""T1 '- ,..>0_,1 r F'T1 ,-, -.. CD ' , w_ '4~ C 0'- (") - . " c.n ..~.-' - \.-":.1 fT1 Ó ==- "~t"" .r;:: - 0 :: .-w:,.. . . c: <"!} .~..~ L.... Z .. . -1. 0 !:: -< -.I \L¥. "7, ·c rimtn, CPPO, CPPB 'ro am Administrator Enclosures bc: Charlie Bicht, Purchasing Manager w/attachments Patricia Clute, Personnel Coordinator w/attachments l ~ ~ - .- Co) d ;:$ o U d o .- 1a Co) ~ .- t Q) 1a U...c= Ol}.~ d 00 .- Q) oo~ ~ .- ...c=t Co) Q) Su ~ Co) .- - ..D ;:$ ~ - ~ 00 ~ Q) > .- d ~ ~\ '-.., ./ // I \, (;>-2... v¡.............<\ , \ ~ -' ~ \:::;;:.~~\ ,,, ,. \: 'I \'~/j ........../ ~ = .- = ..- ~ = ~ QJ ~ . -< - = ~ ..- - -< d o .- 1a d .- S ~ ~ Q) ~ 8 "' Q) Co) d ~ Q) ._ 00 ~ ~ Q)~ ~~ Q) .- "'~ d Q) o ~ ._ Co) 1a ~ ~ ~ ~..D ~ (1) (1) ~ ...c= ~ Ol}~ ;:$ 00 o .- ~ ~ Q) ~ .- - ~ ;:$ C"" bIJ d .- ~ ...c= L ~ d) ~ Io-J ~ PA ~ Q ',d . . J5 ,....-- Io-J ~ FL ~ , ' f9 C ~ ð ~ "~ ® ® d) --- r ~ : \_~ ð ~ L ~ A, ~ ----.J Y d) --- ',d r ~ : ',d !oJ L ~ á.) --- Cd ~ = = M .. ~ M ~ - = = = = """ IU ~ o s::= o .- ~ ;... .- ~ ~ r·...;··--::-:..:::·_--"'~- '_"_V__"""'_---"'______ I /~j~ 1'-, - 'ff'~'~' " ,-i i ì-""-.J.. . ~y .-:.., )::.~G;. " ,! l~1 .,.... f' §i.::-'t.: - ~. -=--- = "'Z::=-:: - -=-- .... =- " -- ~ ...~,.j, .=-:";;,,' - - 0'1 0'1 0'1 ~ ~ \: '-3 i ~ ~ = = = = """ IU ~ o IU ;:$ r/) r/) - - as s::= .- bO .- ;... o ¡:o ~ ¡::l., 1-0 U 0 6~ ~t) ~ .- u .5 n 8 8-0 8< ï: 8 e" tIS 1-0 ~bl) .~ 2 ~~ - z <- =~¡ ~~! ~ ..... =:::J" .~~ -- :-::- -~ ~w -'- s z ,-i = - 'ü = ::s U 0 =-=u &J = O ::s 0 ¡::l., ._ ~-~ ~ tIS U u~t;:: ... v...-.I -ffi . == 1:: - = II) tIS;:>u ~ nbl) . = = ,...:¡ tIS·- <IJ 8 ~ ._ I-o..c 1:: .- U ::s] 1-0 UUæ "C ... = CJ CI,) ~ CJ .... - "Q = =-- = QC I'Ij "'I:t = = CI,) =- ="Q = .. - 1-0 .... II) = "8< z t ():S 1iS = ~= ._ CI,) t- () ~ Uç:: t: CI,) u '- = rI, = - = - 00 '- .""", \. I N 1.6 P I UNIVERSAL PUBLIC PURCHASING CERTIFICATION COUNCIL 151 Spring Street, Suite 300, Herndon, VA 20170 · 703-736-8900 · Fa.'{ 703-736-9639 Web Address: http://www.nigp MEMORANDUM FROM: Jennifer Greenfield, M.Ed., Education Manager RE: CPPB Press Release Congratulations on earning your CPPB designation! In order to officially announce your recent accomplishment, I've enclosed a press release tailor-made for your use. Just a few suggestions when sending out this release: 1. Include your chapter's boiler plate at the end of the release. A boiler plate is used in purchasing to identify standard terms and conditions incorporated in solicitations, contracts or purchase orders that are often preprinted or incorporated by reference. 2. Contact your chapter PR liaison (or perhaps an officer within your chaþter) to help with the distribution of this release to the local media. Please note the contact is your chapter's PR Liaison. This is usually the secretary of editor if not specific PR person has been designated. 3. Include a photograph of yourself (if you have one) - there's a good chance it may be printed along with the release. The photograph will not be returned to you. 4. Send to your local media so that as many communities as possible may know about your recent accomplishment. By obtaining your CPPB you have enhanced your personal commitment and your chapter's commitment to excellence in the public purchasing profession. , Congratulations again! If you have any questions, please contact me at (703) 736-8900, Ext. 230. Rev. 11-98 ., '"-" · For immediate release Contact Jennifer Greenfield, Education Manager, NIGP (703)715-9400 ext 230. EMAIL: jgreenfield@nigp.org. Arthur DeRostaing receives CPPB Designation Fort Pierce,FL-February 8, 1999--Arthur A. DeRostaing, CPPB Contracts Administration Coordinator, St. Lucie County was recently awarded the Certified Professional Public Buyer (CPPB) certification designation. Obtaining the CPPB designation is prestigious and an honor to those in the public purchasing profession. The program is administered by the National Institute of Governmental Purchasing, Inc. (NIGP) under the auspices of the Universal Public Purchasing Certification Council (UPPCC). CPPB candidates must meet specific criteria established by the Universal Public Purchasing Certification Council (UPPCC) including: current employment, education, and purchasing experience. The UPPCC Certification program holds International Accreditation from The International Federation of Purchasing and Materials Management (IFPMM) . Louis Moore, CPPO, President of The National Institute of Governmental Purchasing, Inc. (NIGP) states "Purchasing in the future will require higher skill levels. Education and skill development are crucial to a successful future in the profession. One way to get the skill and training required is through certification as a CPPB. A recent "Purchasing Magazine" salary survey reported that certified purchasing professionals have higher average salaries than purchasing professionals who are not certified." Organized in 1944, NIGP is a non-profit international education and technical organization. The Institute is composed of 61 chapters and more than 2,000 public purchasing agency members at the federal, state, provincial and local government levels throughout the United States, Canada, Bermuda, Ethiopia, Australia, Ireland, and Malaysia, representing over 25,000 individuals. It is also affiliated with the Chartered Institute of Purchasing and Supply(Great Britain), Purchasing Management Association of Canada (PMAC) and is a charter member of IFPMM. IFPMM is an international educational organization of 40 national member associations spread over six continents representing more than 150,000 purchasing and materials management professionals. It serves as a consultant to the European Economic Community and the United Nations Conference on Trade and Development and collaborates with many universities allover the world. , (~ ('-" ITEM NO. 2]) DATE: 3 ':- q - 'f~ AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT ~ ] PRESENTATION [x ] Leisure Services TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: NIA RECOMMENDATION: N/A COMMISSION ACTION: [ ] APPROVED [] DENIED ~..¿ OTHER: PRESENTED BY: Jack Doughney Director of Leisure Services 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. N/A. Accounts: To: From: 104-7240-366900-700 104-7240-582000-700 presentation made County AIIomoy.~ Originating Dept Finance: (Check for Copy only, if Applicable) Coordination/Siqnatures Mgl & Budget Purchasing Mgr.: Other. Other. Eft. 1/97 .' ~ ,,. I " .' ,.. \:\ ~ " \'. ...I'. ,/' , .'" ~\V /' , ¡; :,A.. ~. J".'.. .;/,.::: .. '" \, . \ \.. \ R. ~. , ¥:~ ._:~~-~:: . I~ / II. ~. ~ , . .' '~ì ~:~S~:::~'~:ì "1..\.,. \' . \'" ... '. \ \. . 'X . d ..;> ""X~~:·",,, '. ',-. / .ì ." ,...'\'~..' '0: ~'"'--.:: :..~, ~!:':~." "f".'" \,':. -:, I~.. ,!:¡,\\ .1, . -.. . ': ":.'<:,): \'\:.:,;\/\:. :' .~I . . ..", ~ " ,. ., " ,. / ./ , /i' / / I "ì " \ \ \: :\ .\ . '~~;;J , \~':.~ ' ........~~-r..~ :\:-- , 'L ~ ~ AGENDA REQUEST """" ITEM NO. SA DATE: March 9, 1999 REGULAR [ ] PUBLIC HEARING [XX] CONSENT [ 1 TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Application for Consent to Transfer of Control of Cable Television Franchise from Tele-Communications, Inc. (TCI) to MediaOne Applications of Northern Illinois, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: Continued fTom Februarv 23, 1999 ~#t~~~ó}L. RECOMMENDATION: Staff recommends that the Board @f3þIÖvC.¿ Iê.\.!i5çJ·Resolution No. 99-42 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: [¿,y:APPROVED [] DJ~NIED [ ] OTHER: CE: - - /"---- Do gl Anderson County Administrator Review and Approvals C~untv Att,~r~~v: .. . n_____.._________n_____________u_____n.____._n 11;!n;::j,~!:=F·I~~nt Òt Bu,j·J~':::I. .__n__nn______._________.___ PU~::h(·~·;lrll: nnnnn..__ un.un _ n_un__n._._n_______u_ _ \J r i J in;", tin -J D;.=p t . ,..n.__nduhuuum.Ouh_________________ C)th;.=:r: OI.h·~r : _n_nnn_.______u__nn_._u__uu_n___nn_uh.___hun. ____n_________________________________________n__________d_.U.~~~_~· F'ir.(!ric:~: (C'h,~,::k r:·r C:·py :,rd")', ir ;ir:'pli''::;it,l~} £1::::. 5/~;; ~. '-' ......, SA INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 99-97 DATE: SUBJÈCT: January 26, 1999 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 Northem 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. DSMj caf Attachments Federal Communications Commission Washington, DC 20554 '-'" ....,¡ Approved By OMB 3060-0573 FCC 394 -~ ,'::.X·:.'; ...-....,... ..,; 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 FL1178 2. Application for: ~ Assignment of Franchise o 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 II State ZIP Code I Telephone No. (include area code) Englewood CO 80111 (303f267 -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 onLµn..DIal 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 ~ 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 ¡nfonnation or other ¡nfonnation not otherwise publicly available, that has Exhibit No. been redacted in accC)rdance with Item 2(a). Nt A FCC 394 (Page 1) September 1996 ~ ~ PART II - TRANSFEREE/ASSIGNEE 1t .-,.'-~-"'-' r".::' 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) N/A 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 I 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. N/A (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 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 D Limited Partnership a. Jurisdiction in which formed: c. Name and address of registered agent in jurisdiction: b. Date of formation: D General Partnership a. Jurisdiction whose laws govern formation: b. Date of formation: D Individual D 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 Northern See attached page for list of officers and directors MediaOne of Delaware, Inc. III inois, 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 - Parent company (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 government 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 0 Yes [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? ;~,.;. -;.~:~~ ,:":!'.. '-' ....I 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) [8J Yes 0 No I D Exhibit No. N/A Yes 0 No Exhibit No. N/A DYes [8] No Exhibit No. N/A DYes 0 No Exhibit No. C o Yes 0 No Exhibit No. o Exhibit No. E September 1996 SECTION V - CERTIFICATIONS '-' >....I Part I - Transferor/Assignor All the statements made in the application and attached exhibits are considered material representations, and all the Exhibits are a :¡:n~:~~erial part hereof àhd are incorporated herein as if set out in full in the application. ,- -~. . . .....". .... 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. Signature TCI OF NORTHERN NEW JERSRY, INC. 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 0 General Partner I:8J Cor:porate 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 FCC's Rules governing cable television systems. t u) 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) Will use its best efforts to comply with the tenns of the fi'anchise 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 AND/OR IMPRISONMENT. U.S. CODE. TITLE 18. SECTION 1001. Print full name Check appropriate classification: D D 0 Individual 0 General Partner Corporate Officer Other, Explain: (Indicate Title) ~ FCC 394 (Page S) $aplembe< 1996 "-" , ....,,¡ SECTION V - CERTIFICATIONS f3l; Part I - Transferor/Assignor 't 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: D Individual D General Partner D Corporate Officer (Indicate Title) D 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 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. MediaOne Acquisitions of Northern Illinois, Inc. O/~ 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. Douglas 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 . - . - 1t (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 (t) N/A -;::...:.... ~ ~~~:~.,: u_" . 1t u ~ ~ C'\ ~ o H Cj Cl.) ~ o C'Ö .~ ~ Cl.) ~ .... '---' en c: .2 ro u en .2: en ::::J ~ ~ c..> E 0 CL. c:: E 0 >< - LU 0 e- en- - U - Q) Q) 0 ·0 ~ ü c:: .c:: <:) .£2 Q) -0 - c:: Q) 0 <:) :æE .£2 -0 Q) :æE c..> ....= - - 0 ·e Q) <V c:: a t-- 0 .£2 c:: -0 ,$9 Q) C5 :æE 0.. 0 ..... <V :æ: ,..--- c..> c..> - c:: ....= 0 c..> 0- ~- en c..> ....= c:: -0 ~ ....= c:L. ~ f2 ~ C'O ~ 0 0 3: . en- ::::J 0 0 ª ·00 e ~ C5 C'O ·5 0 ü <V ;;: g- . c:: C) _r-- - a I-- - - Q) 0 - <: - c:: 0 c:: <:) Q) Q) Q) <ü c:: c:: c:: C'O <:) 0 ~ :.a <:) "t:: Q) .£2 .£2 .£2 0 :æ: -0 -0 -0 :z:: Q) Q) Q) :æ: :æ: :æ: -- - c..> ....= c:: C'O .2> ë5 c..> ~ u Q) ....= ~ c:: - - <:) en- - 0 C'O ·0 Q) :.a .c:: c:: Q) <:) :æ: .£2 -0 Q) :æ: - ----- - c..> c:: - - 0 en- Q) ·0 c: .c:: - 0 .£2 -0 c:: ..... Q,) Q) :::::::æ: ~ "t:: 0 :z:: - . \ '-" AGENDA REQUEST '-" ITEM NO. 5f> DATE: March 9, 1999 REGULAR r~ PUBLIC HEARING Iì'] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Spindler 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. McCann's recommendation, staff recommends that the Board approve the proposed settlement. COMMISSION ACTION: r0PPROVED [] DENIED [ ] OTHER: Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 .. '-" "-" Sf~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. Mcintyre, County Attorney C.A. NO. 99-173 DATE: February 15, 1999 SUBJECT: Spindler v. St. Lucie County - Settlement Offer BACKGROUND: On January 26, 1996, a County employee was operating a County motor vehicle in an easterly direction on Orange Avenue. A short distance east of North Seventh Street the two eastbound lanes of Orange Avenue jog to the left creating a right turn lane for traffic turning southbound onto North Seventh Street. Unfortunately, at this location the County employee did not make the jog to the left and entered the right eastbound lane of Orange Avenue being occupied by Dr. Spindler's vehicle. After the initial collision, Dr. Spindler's veered sharply to the right, struck the curb, went over the sidewalk, and collided with some decorative landscaping railroad ties on private property. Dr. Spindler's injuries stemming from this incident are a herniated L4-5 disc of his lower back, internal injury to his left knee and injury to his right thumb. Total medical bills to date exceed $15,000. Dr. Spindler's future medical care has been projected to include probably surgery of the right hand, possible surgery for the herniated disk in the lower back and possible surgery of the knee. The estimated current costs for these surgeries and postoperative treatment is $125,0000. Dr. Spindler's damages are has also suffered past and future loss of wage capacity. Prior to the accident, Dr. Spindler was earning approximately $1,000 a week as a chiropractor with a large chiropractic organization. The medical experts will testify that Dr. Spindler will never again be able to perform the duties required of a chiropractor. Dr. Spindler has a medical degree that he earned in 1987 from a school in the Dominic Republic; however, he has been unable to pass the tests required for him to practice medicine in Florida. Dr. Spindler has obtained substitute employment as a part-time teacher at Brevard Community College in the Science Department. Upon the availability of a full- time position, Dr. Spindler could earn $35, 000 per year as a teacher at the community college. Dr. Spindler's anticipated work life expectancy is seventeen years. If Dr. Spindler obtains full-time employment at the college for $35,000 per year, his loss of future wage-earning capacity would be $298,000. Alternatively, Dr. Spindler would '-" """" have to obtain employment paying at least $46, 118 per year to reduce his future loss of wage earning to $100,000. Dr. Spindler's attorney made an initial settlement demand of more than a hundred thousand ($100,000.00) dollars. The Plaintiff ultimately agreed to a settlement of seventy-five thousand ($75,000.00) dollars subject to TRICO and Board of County Commissioner approval. TRICO has previously approved the settlement offer. James McCann, Esquire, the attorney representing TRICO and the County has suggested, given the substantial economic losses in this case, that it is in the best interest of St. Lucie County to settle the case. (Copy of January 13, 1999, letter attached. ) Under the terms of the TRICO bylaws, if the Board determines to reject the settlement, TRICO would not pay an award above the rejected amount. RECOMMENDA TION/CONCLUSION: Based on the facts outlined above and in view of Mr. McCann's recommendation, staff recommends that the Board approve the proposed settlement. Attachment .' ~ LAW OFFICES ...".¡ JAMES W. MCCANN, P.A. 516 CAMDEN AVENUE JAMES W. MC~ANN STUART, FLORIDA 34994 P.O. Box 2632 STUART, FLORIDA 34995 BOARD CERTIFIED CIVIL TRIAL LAWYER TEL: (561) 221-9600 FAX: (561) 283-2419 January 13, 1999 ,:;;-----, )r@ Œ /j-1>7-2-- . ~- - --- ....,... ....~I.... ' - Katherine Mackenzie-Smith, Esq. Assistant County Attorney 3rd Floor Admin. Annex 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 JAil I 5 ¡C,J9 - _. ---....-- . '''JT'( ---.- ,~,..':...\ I J..\ì70R.' -' ----...-., Re: Spindler vs. St. Lucie County Case No. 97-1417 CA 10 Dear Ms. Mackenzie-Smith: The following is a summary of the facts and issues of the above referenced lawsuit filed against St. Lucie County by Alan and Amy Spindler. I'll reduce the issues to categories for your cursory review of the issues of the case. FACTS OF THE CASE: This lawsuit arises out of a motor vehicle accident involving a St. Lucie County vehicle which occurred on January 26, 1996. The St. Lucie County vehicle was being operated by John Todhunter, a seventy-one year old employee of the Automated Service division of St. Lucie County. His job was a courier delivering paperwork between government offices. This accident occurred along a route traveled daily by Mr. Todhunter in his job. The Plaintiff, Alan 1. Spindler, was a licensed practicing chiropractor as of the date of the incident; and was traveling to work at the time of the incident, at approximately 9:00 a.m. Alan Spindler was traveling eastbound on Orange Avenue in the right through lane as it approached the intersection of N. Seventh Street. At that location, there were two eastbound through lanes; and the County vehicle being operated by John Todhunter was traveling eastbound in the left through lane. Just prior to Orange Avenue's intersection with N. Seventh Street, the two eastbound through lanes jog to the left in order to create a right turn lane for traffic turning southbound onto N. Seventh Street. Dr. Spindler steered his vehicle to the left along the road alignment for his lane of traffic; but Mr. Todhunter did not. As a result, the County vehicle entered the right eastbound through lane of Orange Avenue being occupied by Dr. Spindler's vehicle. This further resulted in the right rear quarter panel of the County vehicle colliding with the left front of Dr. Spindler's vehicle in a side-swipe style collision. After the initial collision, Dr. Spindler's vehicle veered sharply to the right, struck the curb, mounted t~e sidewalk, and proceeded to collide with railroad ties ~ "'" " s~tuated on the border of private property for decorative landscaping purposes. Upon impact with eIther the c~b ~r. the railroad. tie, Dr. Spindler somehow injured his right thumb resulting in a hyperextensIon Injury to the nght thumb know as a Gamekeeper's Injury, a herniated L4-5 disc of his low back, and an internal injury to his left knee. The property damage was minimal in that the County vehicle was not damaged except for paint transfer scuff marks. The Plaintiffs vehicle was repaired and paid for by the County. The damages were minor; but included a broken motor mount, cracked light assembly, damaged bumper, wheel alignment, and paintwork totalling $606.21. DAMAGES: Dr. Spindler's damages are primarily past and future loss of wage earning capacity. Dr. Spindler is contending that he is totally disabled from performing the duties of a chiropractor as a result of the injuries sustained in the January 26, 1996 motor vehicle accident. Dr. Spindler was earning approximately $1,000.00 per week as an employee with a large chiropractic organization with several offices. Dr. Spindler was the resident physician in the Ft. Pierce office. Since he was unable to return to work, his employer was forced to let him go. Dr. Spindler applied for and received disability insurance which covered the payment of his mortgage for a period of three years. That should expire by March, 1999. He also applied for and receives disability insurance payments of $3,070.00 per month as a result of these injuries (through age 65). Unfortunately, Florida law now prohibits a jury from being advised of the receipt of disability insurance payments to offset any verdict in favor of Dr. Spindler by the amount of those disability payments. Florida law provides for the Judge to reduce of any verdict (post-trial) in favor of the Plaintiff by the amount of disability benefits already received as of the time of trial. The law does not allow a Defendant to reduce a jury verdict for future loss of wage earning capacity by the amount of any disability benefits to be received in the future. The result is that all future lost wages sustained by Dr. Spindler would be recoverable by Dr. Spindler in a trial against the County without any right to reduce or offset it by disability insurance benefits. The disability insurance carrier hired a physician to perform an independent medical examination to attempt to deny Dr. Spindler entitlement to disability insurance benefits. That physician has performed an examination and rendered the opinion that Dr. Spindler is in fact totallv disabled from ever Derforming the duties of a chiropractor again. In addition to that testimony, Dr. Spindler's former employer (also a chiropractor) has said that Dr. Spindler cannot perform the duties of a chiropractor given his injuries. In addition, Dr. Spindler's treating physicians, Edward S. Bittar, M.D., a prominent orthopedic surgeon affiliated with Shands Teaching Hospital at the University of Florida Medical School and David Kirchofer, D.C., both also confirmed that Alan Spindler is no longer able to perform the duties of a chiropractor. Dr. Spindler also has a Medical Doctor degree that he received in 1987 from a medical school in the Dominican Republic. Since his accident, he has studied vigorously and taken two parts of the Florida licensing exam for medical doctors; but has failed on both attempts. He earlier failed the medical doctor licensing board exam in approximately 1990. As a result, he has returned to work by obtaining a job teaching at Brevard Community College in the Science Department. Although he only works part-time, he would have the ability to earn approximately '-'" -.....I $35,000.00 per year fulltime if a fulltime position became available. Dr. Spindler's attorney's have retained the services of a vocational rehabilitation consultant (Sharon Griffin) who has attempted to determine Dr. Spindler's maximum wage earning capacity as a result of his injuries, and in light of his background and education. That expert has opined that Dr. Spindler's maximum earning capacity is, in fact, $35,000.00 per year in a teaching position. It is her opinion that Dr. Spindler's chiropractic skills are virtually untransferable and unmarketable in any other field of employment. Similarly, his medical doctor degree is not transferable except as a "doctorate" degree in the teaching field in the absence of a State license to practice medicine. Alan Spindler's vocational rehabilitation expert consultant also has researched and determined that according to a 1995 study of the American Chiropractic Association, Dr. Spindler's earning capacity self employed as a chiropractor would be approximately $80,000.00 per year after expenses. Alan Spindler is forty-eight years old at the present time; so has an anticipated work life expectancy through age 65 of seventeen years. With simple mathematical calculations, Dr. Spindler's loss of future wage earning capacity (which cannot be offset by disability insurance benefits) has a range from $298,000.00 (assuming a pre-accident earning capacity of $52,000.00 per year and a post-accident earning capacity of $35,000.00 per year) and a high of $765,000.00 (assuming a pre-injury wage earning capacity of $80,000.00 per year). Of course, this is evidence the Plaintiff will introduce at trial. In contrast, St. Lucie County has retained its own vocational rehabilitation expert who would attempt to place Alan Spindler in a number of other job titles whose pay scales range from $25,000.00 to $75,000.00 per year. Of course, that will depend upon availability and location. We do not know if any such job exists in the Space Coast area where Alan Spindler lives (palm Bay, Florida). If such job titles are available, Alan Spindler would have to compete for them with his credentials against other qualified candidates. So far, the only job that he has been able to find is paying $35,000.00 per year. Our expert would have to find Alan Spindler an available alternative job paying at least $46,118.00 (plus benefits) to reduce his future loss of wage earnings to $100,000.00 (even if we assume he would still be making only $52,000.00 as a chiropractor in 1999--without any increase since January, 1996). The other economic damages involved in this case are past and future medical bills. Alan Spindler's past medical bills exceed $15,000.00, of which $4,000.00 were paid out of pocket. Alan Spindler's future medical bills have been projected by Edward S. Bittar, M.D. to include probable surgery of the right hand, possible surgery of the herniated disc in the low back, and possible surgery of the left knee. Dr. Bittar and Dr. Kirchofer have estimated the current costs of those surgeries and post-operative physical therapy and chiropractic modalities to be close to $125,000.00. It is Dr. Bïttar's opinion that Alan Spindler will most likely need surgery of the right hand and left knee. His low back will depend upon his levels of activity and degree of interference. Alan Spindler's testimony is that his low back is his major problem at this time. According to Dr. Bittar, that may make back surgery more likely than not in Alan Spindler's case. All of Dr. Spindler's physicians have or will testify that each of the injuries were caused by the January 26, 1996 motor vehicle accident. Alan Spindler had virtually no medical history ~ ....., whatsoever prior to January 26, 1996; so St. Lucie County has no evidence to dispute the medical causation element of this claim. The other categories of damages to which Alan Spindler and Amy Spindler are entitled by law are for pain and suffering, inconvenience, loss of enjoyment of life, and loss of consortium. I will not attempt to quantify the range of verdicts that may be returned by a jury in those categories since the economic losses alone exceed the statutory cap of liability of $100,000.00. S!1M:MARY: In summary, the January 26, 1996 motor vehicle accident was caused by the negligent operation of a St. Lucie County vehicle by one of its employees. At trial, we would be arguing that Alan Spindler was, in part, responsible for the January 26, 1996 motor vehicle accident by virtue of his reaction to the negligence of our employee (relying upon each juror's personal driving skills and experiences). Each of the three injuries alleged by Alan Spindler are clearly the result of the January 26, 1996 motor vehicle accident. Each of Alan Spindler's treating physicians as well as an independent medical examiner has concluded that he is permanently and totally disabled for performing the duties of a chiropractor. As a result, the economic damages in this case are substantial. The fact that the impact and property damages were minimal will not carry the day in this case. The injuries sustained by Alan Spindler were, more likely than not, sustained during the secondary impacts with the sidewalk and railroad tie, each of which were competent producing causes of his right hand, low back, and left knee injuries. In fact, Dr.Bittar has testified that he believes that Alan Spindler's right thumb injury was the result of jamming his right thumb against the steering wheel during the accident sequence in an ordinary steering wheel grasp. He also believed that the bouncing of Alan Spindler's body while driving over the sidewalk and railroad ties could have caused his left knee to jam into the steering column, and herniated the disc in his low back. So, as minor as the impacts were, there is competent medical evidence to show that it did cause Alan Spindler's injuries. In contrast, Alan Spindler's total lack of medical history is circumstantial evidence of his pre-accident health. It is the loss of Alan Spindler's future earning capacity; and not the severity of impact which establishes the value of this case. The projected future medical expenses are also significant, irrespective of the future loss of earning capacity. Realistically, the most that we could hope for in defending this case is to keep the verdict below the $100,000.00 cap on liability. Given the substantial economic losses in this case (without regard to all of the other categories of damages to which the Spindlers would be entitled), it is felt that it would be in the best interest of St. Lucie County to settle this case for a sum certain considerably below the $100,000.00/$200,000.00 cap on damages of Alan Spindler and Amy Spindler. Having tentatively reached a settlement for the sum of $75,000.00, I do not think that St. Lucie County could realistically hope for any better result at trial. We also have to consider defense costs of another $5,000.00-$7,500.00 as well as the Plaintiffs total costs of $12,000.00- $15,000.00 which will be added to any verdict I, therefore, would recommend that the Board of County Commissioners approve the proposed settlement of $75,000.00. ~ .~ If ther~ is anything further that you would request from this office, please do not hesitate to contact me. Sincerely, Â~ tJ, /k-L2 ~S W. McCANN, ESQ. JWM/pc , ""L ~ .J ¡\GENDA REOUEST ITEM NO. ~(: C DATE: March 9, 1999 REGULAR [_ PUBLIC HEARING Þ<1 CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Consider adoption of Proposed Ordinance No. 99-09 which amends Chapter 1-7 "Courts" and Chapter 2-10 "Libraries" of the St. Lucie County Code of Ordinances BACKGROUND: See attached memorandum. FUNDS AVAIL.: PREVIOUS ACTION: RECOM:MENDATION: Staff recommends that the Board of County Commissioners adopt the attached Ordinance No. 99-09 as drafted. SSION ACTION: CONC NCE: APPROVED [] DENIED []OTHER: ou sAnderson County Administrator County Attorney: tfÀ Review and ADDrovals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)_ Eff. 5/96 \wi \wi S6 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 99-221 DATE: February 23, 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, a two dollar court cost must be assessed for non-criminal infractions, 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. On February 23, 1999, the Board granted permission to advertise a regular meeting to consider adoption of proposed Ordinance No. 99-09. A copy of proposed Ordinance No. 99-09 as well as a copy of the proof of publication of the regular meeting '-' .....,¡ are attached to this memorandum. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners adopt 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 - CrvIL 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 a two dollar court cost must be assessed for non-criminal infractions, pursuant to 938.15, Florida Statutes. struck through passages are deleted. Underlined passages are added. 1- '-" ...., 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- \...I. ...., 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) pursuant to Section 938.15, Florida Statutes, in addition to the .:ewe. three dollars ($2.00) ($3.00) assessed by Section 943.25(1) 938.01(1), 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- '-' ....,J 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 Legal Aid..................................... $ 10.00 $ 30.00 $ 8.00 $ 20.00 Law library............................. $15.00 State civil action fees....................... 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 garnishment, attachment, replevin, and distress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 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 $ 30.00 $ 8.00 $ 20.00 $ 5.00 Law library............................ .$15.00 State civil action fees....................... Court facility charge......................... HRS fee....................................... 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 d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 1 0 . 00 Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 55.00 (f) For filing notice of appeal: a. Service charge to district court Struck through passages are deleted. Underlined passages are added. 5- v '-" 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......... _________... . . . . . . . . . . . . . . . . . . . . . . . .. $ 5.00 Law library............................. .$15.00 $ 30.00 Struck through passages are deleted. Underlined passages are added. 6- v -.....I 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 of personal property 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- - '-" 'wi 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 1 ibrary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $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- '-' '-" Law 1 ibr ary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $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................... To tal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 ~gal aid...................................... $ 5.00 Law 1 ibr ary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $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): Filing fee..................................... $ 10.00 $ 5.00 $ 2.00 $ 6.00 $ 2.50 $ 7.00 $ 5.00 $ 37.50 Legal aid...................................... Court f aci 1 i t y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Law library............................. .$ 3.00 State court education trust fund............... State court cost............................... Mediation-Arbitration charge............ ....... Total................................... .$34.50 (b) Claims of one hundred dollars ($100.00) or more but less than two thousand five hundred dollars ($2,500.00): Filing fee..................................... $ 25.00 Legal aid...................................... $ 5.00 struck through passages are deleted. Underlined passages are added. 10- "-" '-' Court f aci 1 i t Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Law library.............................. .$3.00 state court education trust fund............... s tate court co st. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mediation-Arbitration charge................... Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 51.50 $ 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) : Fi 1 ing 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): Fi 1 ing 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 struc][ through passages are deleted. Underlined passages are added. 11- '-' '...I 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 I I . 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- 'wi ..."J Florida, the Gum of fifteen doll~rG ($15.00) ~G COGtG for e~ch circuit ci~il court filing; fifteen dollarG ($15.00) for e~ch civil county court C~Ge filed other than GUHUR~ry cl~imG; ~nd three doll~rG ($3.00) for e~ch Gumm~ry cl~im filed in the county court, in and for st. Lucie County, Florida, 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 proper 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- 'wf '"'--' 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- .... ...., 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- ~' BOCC 2300 VIRGINIA A VENUE FORT PIERCE, FL 34982 ATTN.: COUNTY ATTORNEY THE·1J' . HIBUNE P. O. Box 69 Fort Pic=. SI. Lll<.ie County. Aorida 34954-0069 STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared Maureen Saltzer- Gawel, or Cathi Revels, who on oath says that he/she is publisher, classified manager of The Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of the advertisement, being a NOTICE OF INTENT in the matter of ORDINANCE NO. 99-09 was published in said newspaper in the issues of February 25, 1999 Affi:ll1t further says that The Tribune is a newspaper published at Fort Pierce, in said SI. Lucie County. Aorida, :II1d that the said newspaper has heretofore been continuously published in SI. Lucie County, Aorida, each day :II1d has been entered as second class mail matter at the post office in Fort Pierce, in said SI. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement and affi:ll1t further says that he has neither paid nor promised :II1Y person. fmn or corporation :II1Y discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to:ll1d subscribed before me February 25, 1999 c:.Ou-ÞV{ rc 0 A ,( I p~,? rJ.LLlL all,)'! I ðe/l.ttXe J "'.-"'. : ,. -r:'~:-:',.' . ....-.,.. .:.......-.-rw:-r--.. ".:, . .'",. j Notary Public I ~... . - ..--.-..-----.. -- ~ f 'oj T~~~ ¡~ ~ ~...-~ 2 :: - -....-....--.-.--...... ...,; No.8785-tt BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. WClE COUNTY, flORIDA NOncE OF INTENT NOncE IS HEREBY GMN !tIat the Board of CounIy CommIssIoneIs of st. lucie . Ccunty, AoIIda. will consider adopltng 0 County Ordinance (No. 99-09) amending Chapter 1-7 'Courts' and Chopter 2-10 'Ubrories' ot lIIe Code ot Ordinance ot 51. Lucie County, Florida, at its regular meeltng on Tuesday, the 9th day 01 March. 1999, at 9:00 a.m.. or os soon thereafter os the molter may be heard in the St. Lucie County Commission Chambers atllle . St. Lucie County Admlnlslralton Building Annex. Third Floor. 2300 VIrginia Avenue, Fort PIerce. Florida. Matters affecltng your personal and property rights may be heard and acted upon. AIIlnteresled persons ore Invited to attend and be heard. Written comments received in advance 01 the public hearing will also be heard. Copies 01 the proposed ordinance may be obtained Irom the County Attorney's Otflce. 51. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida, 349B2. , Amendments 10 lIIe proposal may be mode at the public hearing. II any person decides to appeal any decision mode with respect to any mailer considered at Ihe meetings or hearings ot any board. committee, commission, agency, councilor advisory group, Ihat person will need a record 01 the proceedIngs and that, for such purpose. may need 10 ensure that a verbatim record of the proceedings is mode. whIch record should include lhe testimony and evidence upon ' which the appeal Is 10 be based. upon Ihe reauest ot any porty to Ihe proceeding, individuals testifying dunng a hearing will be sworn in. Any party to the proceeding will be granted on opportunity 10 cross-examine any ,ndlvlcual testifying during 0 heanng upon request. '-'" -..",,¡J The tIt1e 01 the proposed ordinance is os fOllows: ORDINANCE NO. 99~ A ORCtNANCE AMENDING CHAmR 1·7·1 (ADDITIONAl. COSIS FOR LAW ENFORCEMENT lRAINING) OF AIrnCI.E I (IN GENERAl) OF CHAPTER 1·7 (COUIllS) OF '!HE ST. LUCIE COUNIY CODE OF ORDINANCES: TO INCUJOE AN ASSESSMENT OF 1\'10 OR MORE DOl!J\RS FOR NON-<:RIMlNAl.INFRACTIONS: AMENDING SECTION 1·7·2 (CIRCUlI' COUlli' . CMl DMSION SEJMCE CHARGES): AMENDING SECTION 1·7-3 (CIRCtJIT COUlli' . PROBATE AND GUARDIANSHIP DMSION SERVICE CHARGES); AND AMENDING SECTION 1·7-4 (COUNIY COUlli' CMl DMSION CHARG6 AND COS1S) OF AIrnCI.E I ON GENERAL) OF CHAmR 1·7 (COUIllS) OF '!HE ST. LUCIE COUNIY.CODE OF ! ORDINANCES: TO INCREASE I AU. F1UNG FEES FOR '!HE LAW . UBRARY; AND FUImiER BY AMENDING SEC110N 2·10-17 (lEVf OF COUlli' COSIS FOR SUPPOIlI' OF UBAARY) OF AR11CLE" (lAW) OF CHAPTER 2·10 (UBRARIES) OF '!HE ST. LUCIE COUNIY CODE OF ORDINANCES TO INCREASE AU. F1UNGFEESUNDER~ON 2·10-17 OF SAIOCOOE OF ORDINANCES TO BE CONSISTENT WI1H '!HE INCREASES IN CIW'TER 1·7 ÞS DESCRIBED HEREIN: FUImiER PROVIDING FOR CONFUC1ING PROVISIONS; PROVIDING FOR SEVERABIU1Y AND APPt.JCABIU1Y: PROVIDING FlUNG WI1H '!HE DEPARlMENT OF STATE; PROVIDING AN EFFECTM DATE; PROVIDING FOR AÒOP110N: AND PROVIDING COOIFICAI10N. '!HIS NOTICE EXECUTED AND DATED '!HIS 25TH DAY OF FEBRUARY. 1999 Sul:Jmitted l:Jy: Doniel S. Mcintyre County Morney Publish: February 25. 1999 \....- ....., AGENDA REQUEST ...., ITEM NO. 6/r DATE: March 9, 1999 REGULAR [XX] PUBLIC HEARING [J CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Donald G. Cole Property Acquisition Mgr SUBJECT: North Fork "Save Our Rivers" Project 5/10 Mile Creek Addition - Childers Parcel SFWMD Parcel No. FGI00-014 I SLC Parcel No. 75 BACKGROUND: See attached memorandum FUNDS A V AILABIÆ: (State type & No. of transaction m: N/A): Funds will be made available in account #382-3915-561000-310095 PREVIOUS ACTION: None RECOMMENDA TION: Staff recommends that the Board approve the acquisition of the Childers Parcel FGI00-014 for $47,850.00 and authorize the Chairman to execute the Agreement For Sale and Purchase and direct staffto close the transaction pursuant to the North Fork Acquisition and Ownership Agreement between the South Florida Water Management District, The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and St. Lucie County. COMMISSION ACTION: ~APPROVED [] DENIED [ ] OTHER: ou s M. Anderson County Administrator [X] County Attorney: fk Review and ~provals [X]Management & BUdget~~~'~ [Xlother'~ if apPliCable'i\' I []Purc~as' :_ [X] Other: Effective 5/96 [X]Originating Dept: ~ _ Finance: (check for copy only, ~ ...., LA ... PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Property Acquisition Manager DATE: March 9, 1999 SUBJECT: North Fork "SAVE OUR RIVERS" Project - 5/10 Mile Creek Addition CIDLDERS PARCEL SFWMD Parcel No. FG100-014 / SLC Parcel No. 75 ============================================ BACKGROUND: The County entered into a Multi-Party Acquisition and Ownership Agreement with The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("Trustees") and the South Florida Water Management District ("District") in December of 1997. This Agreement states that the Division of State Lands ("DSL") of the Florida Department of Environmental Protection ("DEP") will contribute 50% of the acquisition costs/expenses, the District will contribute 30 % of the acquisitions costs/expenses and St. Lucie County will contribute 20 % of the acquisition costs/expenses for parcels acquired within the CARL/SOR boundaries of the North Fork of the St. Lucie River. Title to this parcel will be held jointly by South Florida Water Management District and the Board of Trustees. The Childers property is located within the boundaries stated above. A map locating the parcel and the Agreement For Sale and Purchase are attached for your review. The proposed purchase price is Forty Seven Thousand Eight Hundred Fifty and no/100 ($47,850.00) dollars. The purchase price has been negotiated at 82.5 % of the appraised value. St. Lucie County ESL funds required to purchase this parcel will be approximately $10,500. ~ ......" BCC March 9, 1999 Page Two This parcel consists of 7.71 + / - upland acres. Please fmd an attached memorandum from the Environmental Lands Specialist concerning the attributes of the site. This property has a tax assessed value of $23,130.00 and contributes $550.83 to our tax roll. RECOMMENDATION / CONCLUSION: Staff recommends that the Board approve the acquisition of the Childers Parcel for $47,850.00 and authorize the Chairman to execute the Agreement For Sale and Purchase and direct staff to close the transaction pursuant to the North Fork Acquisition and Ownership Agreement between South Florida Water Management District and Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and St. Lucie County. Respectfully submitted, ~~~ Donald G. Cole Property Acquisition Manager cc: County Administrator County Attorney Community Development Director Leisure Services Director Management & Budget Manager '-'" """ Form No. SHORTS&P FIN Revision Date: 03/04/97 . Re: North Fork of the St Lucie River Tract No. FG100-014 AGREEMENT FOR SALE AND PURCHASE This Agreement is made and entered into by and between the below named SELLER: Blanche Childers whose address is: 503 S 17th Street Fort Pierce. Florida 34950 whose telephone number is:(561 )464-0906 whose Social Security Number or FederallD Tax Number is: (hereinafter referred to as "SELLER"), and the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida with its principal office at 3301 Gun Club Road, West Palm Beach Florida 33406 and whose mailing address is Post Office Box 24680, West Palm Beach, Floridå 33416-4680, its successors and assigns, and ST. LUCIE COUNTY, a political subdivision of the State of Florida whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 (hereinafter collectively referred to as "BUYER"). For and in consideration of mutual covenants set forth herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, and in further consideration of the terms and conditions hereinafter set forth, the parties hereto, intending to be legally bound, agree as follows: 1. AGREEMENT TO SELL AND BUY The SELLER hereby agrees to sell to the BUYER and the BUYER hereby agrees to buy from the SELLER, subject to the terms and conditions hereinafter set forth, that certain real property comprising approximately 7.71 acres located in St. Lucie County, Florida, legally described in Exhibit "A" attached hereto and made a part hereof, together with all and singular the rights, privileges, and appurtenances thereto belonging or in anywise appertaining (hereinafter referred to as the "Premises"). 2. PURCHASE PRICE a. The purchase price for the Premises is the sum of Forty Seven Thousand Eight Hundred Fifty Dollars ($47,850.00) (the "Purchase Price") payable at time of Closing by BUYER's check or check issued by the closing agent subject only to the prorations and adjustments as otherwise provided in this Agreement. This paragraph may incorporate other terms and conditions as may be agreed upon by seller and buyer in lieu of a specific purchase price. b. The parties hereto acknowledge and agree that the Purchase Price is based on the Premises comprising an estimated 7.71 acres. Upon completion of a Survey approved by the BUYER in accordance with subparagraph 5.c. hereof, the Purchase Price shall be adjusted up or down in the amount of $6,206.00 per acre for the difference between the estimated and final acreage of the Premises. In the event the foregoing adjustment to the Purchase Price shall result in the Purchase Price increas1rfg by greater than five percent (5%), then BUYER shall have the option, in its sole and absolute discretion, of terminating this Agreement in writing, upon which neither party shall have any further obligations under this Agreement, except for material misrepresentations made by SELLER to BUYER. In the event the foregoing adjustment to the Purchase Price shall result in the Purchase Price decreasing by greater than five percent (5%), then SELLER shall have the option, in its sole and absolute discretion, of terminating this Agreement in writing, provided Buyer receives such written notice no later than the earlier of (i) the fifth day after Seller receives notice of what the Purchase Price is adjusted to be or (ii) Closing, upon which neither party shall have any further obligations Under this Agreement, except for material misrepresentations made by SELLER to BUYER. 1 '-'"' ....., 3. TIME FOR ACCEPTANCE This AgreerQent shall not be effective unless it is executed and delivered by the SELLER to the BUYER on or before February 5, 1999 and is executed by the BUYER on or before April 30 1999. Notwithstanding the foregoing, in the event this Agreement is executed by the SELLER and d~livered to the BUYER after February 5, 1999, BUYER, in BUYER's sole discretion, may extend said date until the date the BUYER actually receives this Agreement fully executed by the SELLER. The effective date of this Agreement ("Effective Date"), for purposes of performance, shall be regarded as the date when the BUYER has signed this Agreement. Acceptance and execution of this Agreement shall void any prior contracts or agreements between the parties concerning the Premises unless incorporated by reference herein. This Agreement is subject to and contingent upon approval by the Governing Board of the South Florida Water Management District, the Trustees of the Internal Improvement Trust fund and the Board of County Commissioners of St. Lucie County, Florida. 4. CLOSING DATE The transaction contemplated by this Agreement shall be closed ("Closing") and the Deed and other closing papers and possession, shall be delivered on or before June 30, 1999 ("Closing Date"), unless extended by other provisions of this Agreement. Closing shall be held at the office of the BUYER or BUYER's closing agent. BUYER shall have the unilateral right in its sole and absolute discretion to extend the Closing Date any number of times up to a total of sixty (60) days. 5. EVIDENCE OF TITLE a. BUYER, within thirty (30) days from the Effective Date shall, at BUYER's expense obtain a title insurance commitment ("Title Commitment") issued by a title insurer approved by the BUYER ("Title Company"), agreeing to issue to the BUYER upon the recording of the deed hereinafter mentioned, an owner's policy of title insurance in the amount of the Purchase Price insuring the BUYER as to marketable title to the Premises. BUYER shall pay at Closing the entire title insurance premium due for the title insurance policy to be issued to the BUYER after Closing pursuant to the Title Commitment. b. BUYER shall have until the later of: (1) the sixtieth (60th) day after the Effective Date, or (2) the thirtieth (30th) day after the date Buyer receives the Title Commitment and any updates thereto, or (3) the thirtieth (30th) day after the date Buyer receives the Survey, to examine the Title Commitment and the Survey. If the Title Commitment or Survey discloses exceptions to title other than those matters set forth on the list attached hereto as Exhibit "B", (those matters set forth on Exhibit "B" are hereinafter referred to as the "Approved Exceptions"), then BUYER shall within said period notify the SELLER in writing specifying which title exceptions are objected to by BUYER (''Title Objections"). The SELLER shall have ninety (90) days ("Cure Period") from the receipt of such notice to cure and remove the Title Objections. SELLER shall be obligated to and shall use diligent effort to cure and remove Title Objections within the Cure Period, including the bringing of necessary suits. If the Cure Period extends past the Closing Date, then the Closing Date shall be automatically extended to on or before the tenth (10th) day after the expiration of the Cure Period. If the SELLER shall not have cured and removed the Title Objections during the Cure Period, BUYER shall have the option of accepting title as it then is, extending the Cure Period for an additional sixty (60) day period or declining to accept title and thereupon this Agreement shall be canceled and the BUYER and the SELLER shall have no further claim against each other under this Agreement. c. Prior to or at Closing, SELLER shall, at its sole cost and expense, satisfy all B-1 requirements of the Title Commitment. If at Closing there are any unsatisfied Schedule B-1 requiremer:lts, the BUYER shall have, in addition to all other rights in this Agreement, the options set forth in subparagraph 5.b. above. d. Within 60 days after the Effective Date, SELLER shall, at SELLER's expense, deliver to- BUYER a boundary survey of the Premises ("Survey"), prepared by a registered land surveyor, and prepared not more than sixty (60) days prior to closing. The Survey shall be don~ in accordance with the minimum technical standards for land -surveying as adopted by the Florida State Board of Surveyors and Mappers and shall locate all title exceptions listed in the Title, Commitment: The acreage established by the Survey and approved by the BUYER, shall be used In the calculation of the Purchase Price, as set forth in Paragraph 2.b. of the Agreement. SELLER, at SELLER's sole cost and expense, shall have the Survey _updated prior to Closing as is necessary to enable the Title Company to delete the survey exceptions contained in the Title Commitment. 2 ~ .....,; 6. CONDITIONS PRECEDENT TO CLOSING a. In addition to all other conditions precedent to BUYER's obligation to consummate the purchase arrd sale contemplated herein provided elsewhere in this Agreement, the following shall be additional conditions precedent to BUYER's obligation to consummate the purchase and sale contemplated herein: i. Prior to Closing, approval of the acquisitions contemplated by this Agreement and release of funds to BUYER by (1) the Department of Environmental Protection from the Conservation and Recreation Lands Trust Fund in the amount of fifty percent (50%) of the sum of the Purchase Price plus BUYER's closing costs, from the Water Management Lands Trust Fund, and/or Preservation 2000 Trust Fund in the amount of thirty percent (30%) of the sum of the Purchase Price plus BUYER's closing costs, and (2) the Board of County Commissioners of St. Lucie County, Florida in the amount of twenty percent (20% of the sum of the Purchase Price plus BUYER's closing costs. ii. The conveyance contemplated by this Agreement is not in violation of, or prohibited by, any private restriction, governmental law, ordinance, statute, rule or regulation, including but not limited to applicable governmental subdivision or platting ordinances. Hi. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. iv. At Closing, there shall be no conditions with regard to the Premises, including but not limited to dangerous conditions, environmental conditions or physical conditions, that BUYER determines can reasonably be expected to (1) adversely impact BUYER's intended use of the Premises, or (2) affect the market value of the Premises. v. On the day of Closing, the Premises shall be in compliance with all applicable federal, state and local laws, ordinances, statutes, rules, regulations, codes, requirements, licenses, permits and authorizations. vi. The physical condition of the Premises shall be the same on the date of Closing as on the Effective Date of this Agreement, reasonable wear and tear excepted. b. Should any of the conditions precedent to Closing provided in subparagraph 6.a. above fail to occur, then BUYER shall have the right, in BUYER's sole and absolute discretion, to terminate this Agreement upon which both parties shall be released of all obligations under this Agreement with respect to each other, except for material misrepresentations made by SELLER to BUYER. 7. PRORATIONS, TAXES AND ASSESSMENTS SELLER shall pay at Closing all real property taxes accrued with respect to the Premises through the Closing Date in accordance with Florida Statute 196.295 and all other revenue of the Premises shall be prorated as of the Closing Date. All pending, certified, confirmed or ratified special assessment liens existing as of the Closing Date are to be paid by the SELLER no later than Closing. Intangible personal property taxes, if any, shall be paid by SELLER. 8. CONVEYANCE SELLER shall convey title to the Premises to the BUYER, and/or such other third party as may be designated by BUYER, by statutory warranty deed ("Deed") subject only to the Approved Exceptions and those title exceptions otherwise accepted by the BUYER. 9. OWNERS AFFIDAVIT/CONSTRUCTION LIENS a. At Closing, the SELLER shall furnish to the BUYER an Owner's Affidavit ("Owner's Affidavit") swearing that there have been no improvements to the Premises for ninety (90) days immediately preceding the Closing Date in order to enable the Title Company to delete the construction lien exception from the Title Commitment. If the Premises has been improved within ninety (90) days immediately preceding the Closing Date, the SELLER shall deliver appropriate releases or waivers of all construction liens and the SELLER's constructiol'llien affidavit in order to enable the Title Company to delete the construction lien exception from the Title Commitment. In addition; the Owner's Affidavit shall be acceptable to the Title Company in order to enable the Title Company to delete the unrecorded easements, parties in possession and other standard exceptions from the Title Commitment. b. SELLER shall comply with the provisions of the Foreign Investment Real Property Tax Act ,Section 1445 of the Internal Revenue Code (FIRPTA). ' i. In the event SELLER is not a "non-resident alien" or a foreign person" as defined within the meaning of FIRPTA, then SELLER shall provide at Closing to BUYER 3 '-" ...., a non-foreign affidavit in a form acceptable to the closing agent ("Non-Foreign Affidavit"); or . . ii. In the event the SELLER is a "non-resident alien" or "foreign person" within the meanmg of FIRPTA and SELLER has not otherwise obtained an exemption or other written release from the Internal Revenue Service (IRS), then the closing agent shall withhold a sum equal to 10% of the Purchase Price, or such amount set forth in any written release from the IRS, from SELLER's proceeds at Closing and pay such sum to the IRS within 10 days from Closing. 10. DOCUMENTS FOR CLOSING a. At Closing, SELLER shall execute and deliver (or cause to be executed and delivered) to BUYER the following documents and instruments ("Seller's Documents"): i. the Deed H. the Owner's Affidavit iii. the Non-Foreign Affidavit iv . the Closing Statement v. All other documents and instruments provided under this Agreement, required by the Title Company or reasonably required by BUYER to consummate the transaction contemplated by this Agreement, all in form, content and substance reasonably required by and acceptable to BUYER. b. The BUYER shall prepare the Seller's Documents (except for the Closing Statement and documents required by the Title Company). The BUYER shall prepare or cause the closing agent to prepare the closing statement and submit it to BUYER at least ten (10) days prior to Closing. 11. WARRANTY a. SELLER warrants that there are no facts known to SELLER materially affecting the value of the Premises which are not readily observable to BUYER or which have not been disclosed to BUYER. b. The SELLER hereby represents and warrants that there are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi- governmental authority, including but not limited to, BUYER, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Premises, or any portion thereof, and SELLER has not granted nor is obligated to grant any interest in the Premises to any of the foregoing entities. 12. INGRESS AND EGRESS SELLER does not warrant legal access, ingress and egress to and from the Premises to and from a public road. 13. EXISTING MORTGAGES AND OTHER LIENS At Closing, SELLER shall obtain satisfaction of record of all mortgages, liens and judgments applicable to and encumbering the Premises. 14. EXPENSES SELLER shall pay all State and County surtax and documentary stamps that are required to be affixed to the instrument of conveyance. All costs of recording the Deed, and all other Closing Documents to be recorded, shall be paid by the SELLER. Any corrective instruments to be recorded, shall be paid by SELLER. 15. DEFAULT a. If the SELLER fails or neglects to perform any of the terms, conditions, covenants or provisions of this Agreement, the BUYER may seek specific performance without thereby waiving any action for damages resulting from SELLER's breach. If the BUYER fails to perform any of the _covenants of this Agreement, SELLER shall have the right to seek damages or specific performance. b. In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, the prevailing party will be entitled to recover reasonable attorney's fees and costs from the other party. 16. RIGHT TO ENTER The SELLER agrees that from the Effective Date through the Closing Date, all officers, employees and accredited agents of the BUYER shall have at all proper times the unrestricted right and privilege to enter upon the Premises for all proper and lawful purposes, including but not limited to inspection, investigation, examination of the Premises and the resources upon it. 4 '-" ....., 17. RISK OF LOSS AND CONDITION OF REAL PROPERTY SELLER assumes all risk of loss or damage to the Premises prior to the Closing Date and warrants as a co~~ition Of Closing, that the Pre~ises sh~1I be tr~nsferred and conveyed to BUYER in the same condition as of the date of SELLER s execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the Premises is altered by an act of God or other natural force beyond the control of SELLER, BUYER may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. In the event BUYER elects not to terminate this Agreement, the Purchase Price shall be reduced by the appraised value, as approved by BUYER, of the damaged or destroyed improvements, and any casualty insurance proceeds shall belong to the SELLER. . 18. SURVIVAL The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the Deed and BUYER's possession of the Premises. 19. OCCUPANCY AND POSSESSION SELLER warrants that there are no parties in occupancy of the Premises other than SELLER, and at Closing SELLER shall deliver occupancy of the Premises free and clear of all parties. 20. SPECIAL CLAUSES a. Environmental Conditions i. For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. ii. As a material inducement to BUYER entering into this Agreement, the SELLER hereby warrants and represents the following: (1) The SELLER has obtained and is in full compliance with any and all permits regarding the Disposal of Pollutants on the Premises or contiguous property owned by SELLER. (2) Except as disclosed by Environmental Phase I Audit of the Premises prepared by South Florida Water Management District and dated September 15, 1997, the SELLER is not aware nor does it have any notice, actual or constructive, of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Premises or on contiguous property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or threatened against the SELLER relating in any way to the Disposal of Pollutants on the Premises or on any contiguous property owned by SELLER. iii. Liability. While Paragraph 20.a. establishes contractual liability for the SELLER regarding pollution of the Premises as provided herein, it does not alter or diminish any statutory or common law liability of the SELLER for such pollution. b. Prior to Closing, SELLER, at its sole cost and expense, shall clean up and remove all abandoned personal property (including but not limited to trailers of all types), refuse, garbage, junk, rubbish, solid waste, trash and debris from the Premises. 21. BROKER FEES SELLER warrants that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing. 22. MISCELLANEOUS a. Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (inëluding telex and telegraphic communications) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, or sent by any form of overnight mail, addressed to: 5 '-' "'" TO BUYER: Direcfor of Real Estate Division South Florida Water Management District (MAILING ADDRESS:) (OFFICE LOCA TION:) P.O. Box 24680 3301 Gun Club Road West Palm Beach, Florida 33416-4680 West Palm Beach, Florida 33406 Fax (561 )681-6233 County Attorney St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Fax (561)462-1440 TO SELLER: Blanche Childers 503 S. 17th Street Fort Pierce, FL 34950 Fax or to such other address as any party may designate by notice complying with the terms of this Subparagraph. Each such notice shall be deemed delivered (1) on the date delivered if by personal delivery; (2) on the date telecommunicated if by telegraph; (3) on the date of transmission with confirmed receipt if by telex, telefax or other telegraphic method; (4) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and (5) one day after mailing by any form of overnight mail service. b. Severability. If any provision of this Agreement or any other Agreement entered into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. If any provision of this Agreement may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision shall have the meaning which renders it valid and enforceable. c. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A facsimile copy of this Agreement and any signatures hereon shall be considered for all purposes as originals. d. Interpretation. This Agreement shall be interpreted without regard to any presumption or other rule requiring interpretation against the party causing this Agreement or any part thereof to be drafted. e. Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by the BUYER and the SELLER shall control all printed provisions in conflict therewith. f. Iime.. Time is of the essence with regard to every term, condition and provision set forth in this Agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or ~ legal holiday shall extend to 5:00 p.m. of the next business day. 6 ~ ....., g. Entire Agreement. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements,· representations and understandings of the parties. No agreements or representations, unless incorporated in this Agreement shall be binding upon any of the parties. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. h. Successors in Interest. This Agreement shall be legally binding upon the parties hereto and their heirs, legal representatives, successors and assigns. This Agreement may not be assigned by SELLER without BUYER's prior written consent. BUYER: SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD ATTEST: By: Chairman Secretary Executed by the BUYER on BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: By: Chairman Clerk of Court Executed by the BUYER on Approved As To Form and Correctness: County Attorney SELLER: ~ ?J @~ Witness ~~ Blanche Childers ~~ Executed by the SELLER on ~-I J- 9? 7 ...., 'wi Exhibit "A" Tract No. FG-lOO-014 That part of the Northeast 1/4 of the Southeast 1/4 of Section 29, Township 35 South, Range 40 East, St. Lucie County, Florida, lying South of the Florida East Coast Railroad right-of-way and West of North St. Lucie Drainage District Canal No. 29. Containing 7.71 acres. Description and acreage taken from St. Lucie County Tax Rolls. NFORK\Childers, Blanche c:\data\nfork\ 100-0 14.lgl February 18, 1997 '-" '''''''¡ EXHIBIT "B" TO AGREEMENT FOR SALE AND PURCHASE BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, ST. LUCIE COUNTY AND Blanche Childers APPROVED EXCEPTIONS NONE All recording information refers to the Public Records of St. Lucie County, Florida unless otherwise specifically noted. '-" "-' LAN 06 PROJECT: Save Our Rivers - North Fork of the S1. Lucie River Tract No. FG100-014 BENEFICIAL INTEREST AND DISCLOSURE AFFIDAVIT STATEOF~ COUNTY OF Before me,~ undersigned autlJority, personally appeared, ,HLAAlC'/./6 D#/<..DÊ~ ("Affiant") thisd?~ --- day of ~. , 199..,l.'who, first being duly sworn, as required by law, subject to the penalties prescribed for perjury, deposes and says: 1) Affiant has read the contents of this Affidavit, has actual knowledge of the facts contained herein, and states that the facts contained herein are true, correct and complete. 2) That Blanche Childers of 503 S 17th Street Fort Pierce FL 34950 , is the record owner of the real property more particularly described in Exhibit "A" attached hereto and made a part hereof (hereinafter called the "Premises"). As required by Section 286.23, Florida Statutes, the following is a list of every "person" (as defined in Section 1.01 (3), Florida Statues) holding 5% or more of the beneficial interest in the disclosing entity: (If more space is needed, attach separate sheet) blame 11 /}í/f.L Address Interest This affidavit is given in compliance with the provisions of Sections 286.23, Florida Statutes. FURTHER AFFIANT SA YETH NOT. AFFIANT f~LLk (Ji¿p~~~ By: SWORN TO and subscribed before me this £ J"~y of ~~ ' 19!)f,by . Such person(s). (Notary Public must check a ble box): (NOTARY PUBLIC SEAL) [ ] is/are personally known to me. ~roduced a current driv~r license(s). [] produced as identification. C ~-"J v'/~ Notary Public ......."", Belinda H. Vose /~A'~:'~: MY COMMISSION # CC684429 EXPIRES ~.: :~~ September 29, 2001 ~i,;.....i~i BONDEDTHRUTROYfAlN INSURANCE.INC .Ir".~f"f:\\\ (Print, Type or Stamp Name of Notary Public) '-' ,..,./ Exhibit "A" Tract No. FG-lOO-014 That part of the Northeast l/4 of the Southeast l/4 of Section 29, Township 35 South, Range 40 East, St. Lucie County, Florida, lying South of the Florida East Coast Railroad right-of-way and West of North St. Lucie Drainage District Canal No. 29. Containing 7.71 acres. Description and acreage taken from St. Lucie County Tax Rolls. -- 1 Q¿/~ NFORK\Childers. ßlanche c:\data\nfork\ 100-0 14.lgl February 18, 1997 .:::t:. .. .... z f Q) ¡J. III Q) iI' L.- Ü Ii æ II' E I (,i Q) ~~ III ~.Q I ÞiI - -- ði J II! ~ Iii C!' If I c: . i, Q) I- " Q) > -- u.. I I I I I I _I II\IDII ~ ...- :z; f Q) i!' III Q) il' i-. Ü o.§ ~ 111 ]~ I r¡ Q) ~~ !lI ~.2 I Ul - -- ~ .§¡ I Iii C) J'I c: It ~ "'- Q) > .- LL QIICI ,-1 . ...., DEPARTMENT OF LEISURE SERVICES MEMORANDUM TO: Don Cole, Acquisition Manager Steve Fousek, Environmental Lands Specialist ~ Services Directo~ FROM: THROUGH: Jack Doughney, Leisure DATE: February 23, 1999 SUBJECT: Childers Parcel ******************************************************************* The Childers parcel is located within the 5 & 10 Mile Creek acquisition area. The 7.71 acre parcel contains primarily hammock communities located near the confluence of the Five and Ten Mile Creeks. The site, located immediately south of the Florida East Coast Railway tracks, is in very good condition. The overstory is dominated by very old Live Oak, Cabbage Palm, Slash Pine and Hickory. The parcel is an excellent example of mature, old growth ecosystems. Acquisition of the site will add to the existing preserved lands located contiguous to the property, creating a relatively large parcel. There are several attributes of the parcel including: - location adjacent to an existing preserve; lack of exotics and other management needs; increases flood protection along the waters of the North Fork; protection of valuable habitat, and eliminates an outparcel within an acquisition area. In summary, I believe that the Childers parcel has many positive attributes and that the acquisition would be a valuable addition to the Environmentally Significant Lands program. cc: Pete Keogh, Special Facilities Manager '* \. \..!,. AGENDA REQUEST ....., ITEM NO. 6B DATE: March 9, 1999 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Dona]d G Cole Property Acquisition Mgr SUBJECT: North Fork "Save Our Rivers" Project 5/1 0 Mi]e Creek Addition - Barker Parcel SFWMD Parcel No. FG100-015 / SLC Parcel No. 73 BACKGROUND: See attached memorandum FUNDS AVAILABLE: (State type & No. of transaction ill: N/A): Funds will be made available in account #382-39] 5-56] 000-310095 PREVIOUS ACTION: On February 9, 1999, the Board denied approval ofthe original agreement and recommended that staff counteroffer at appraised value. RECOMMENDATION: Staff recommends that the Board approve the acquisition of the Barker Parcel FG100-015 for $32,500.00 and authorize the Chairman to execute the Agreement For Sale and Purchase and direct staff to close the transaction pursuant to the North Fork Acquisition and Ownership Agreement between the South Florida Water Management District, The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and St. Lucie County. COMMISSION ACTION: ~PROVED [] DENIED [ ] OTHER: Doug s M. Anderson County Administrator Review and Approvals [X] County Attorney: "+" .·h o.)·\W/ ~ v [X] Originating Dept: --P': -- [X] Other: Finance: (check for copy only, if apPli~~~ [] Purchasing:____ [X]Other:~ Effective 5/9/J '-' ,.,., v0 PROPERTY ACQUISITION DIVISION TO: Board of County Commissioners FROM: Property Acquisition Manager DATE: March 9, 1999 SUBJECT: North Fork "SAVE OUR RIVERS" Project - 5/10 Mile Creek Addition BARKER PARCEL SFWMD Parcel No. FGIOO-015 / SLC Parcel No. 73 -------------------------------------------- -------------------------------------------- BACKGROUND: The County entered into a Multi-Party Acquisition and Ownership Agreement with The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("Trustees") and the South Florida Water Management District ("District") in December of 1997. This Agreement states that the Division of State Lands ("DSL") of the Florida Department of Environmental Protection ("DEP") will contribute 50% of the acquisition costs/expenses, the District will contribute 30 % of the acquisitions costs/expenses and S1. Lucie County will contribute 20 % of the acquisition costs/expenses for parcels acquired within the CARL/SOR boundaries of the North Fork of the S1. Lucie River. The Barker property is located within the boundaries stated above. On February 9, 1999, staff brought an Agreement For Sale and Purchase to the Board on the above referenced parcel, for an amount over the appraised value. The Board denied approval of that Agreement and directed staff to make a counteroffer at the appraised value of $32,500.00. The property owners have accepted the counteroffer of $32,500.00. A map locating the parcel and the revised Agreement For Sale and Purchase are attached for your review. The District will not financially participate in the portion of the sale over their maximum approved purchase price of Twenty Nine Thousand Nine ....... ......, BCC March 9, 1999 Page Two Hundred and no/lOO ($29,900.00) dollars. According to the proposed Agreement For Sale and Purchase, St. Lucie County would also be responsible for survey costs, doc stamps and recording fees. If the proposed counteroffer is approved, the County's acquisition costs will be as follows: 20% of $29,900.00 (92 %) Amount over approved purchase price Approximate survey costs Approximate doc stamps & recording fees Approximate 20 % of closing costs Approximate costs incurred by St. Lucie County $5,980.00 2,600.00 2,500.00 250.00 + 100.00 $11,430.00 Also please fmd attached, a memorandum from the Environmental Lands Specialist concerning the attributes of the site. This property has an assessed value of $24,960.00 and contributes $570.71 to our tax roll. RECOMMENDATION / CONCLUSION: Staff recommends that the Board approve the acquisition of the Barker Parcel for $32,500.00 and authorize the Chairman to execute the Agreement For Sale and Purchase and direct staff to close the transaction pursuant to the North Fork Acquisition and Ownership Agreement between South Florida Water Management District and Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and St. Lucie County. Respectfully submitted, c--~\~ ~ /f' d Donald G. Cole Property Acquisition Manager cc: County Administrator County Attorney Community Development Director Leisure Services Director Management & Budget Manager '-" ....., Form No. SHORTS&P.FIN Revision Date: 03/04/97 Re: North Fork of the St. Lucie River Tract No. FG100-015 AGREEMENT FOR SALE AND PURCHASE This Agreement is made and entered into by and between the below named SELLER: Edgar H. Barker and Lois Grace Barker, his wife whose address is: 411 Weatherbee Road Fort Pierce, Florida 34982 whose telephone number is:(561 )464-3906 whose Social Security Number or Federal 10 Tax Number is: (hereinafter referred to as "SELLER"), and the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406 and whose mailing address is Post Office Box 24680, West Palm Beach, Florida 33416-4680, its successors and assigns, and ST. LUCIE COUNTY, a political subdivision of the State of Florida whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 (hereinafter collectively referred to as "BUYER"). For and in consideration of mutual covenants set forth herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, and in further consideration of the terms and conditions hereinafter set forth, the parties hereto, intending to be legally bound, agree as follows: 1. AGREEMENT TO SELL AND BUY The SELLER hereby agrees to sell to the BUYER and the BUYER hereby agrees to buy from the SELLER, subject to the terms and conditions hereinafter set forth, that certain real property comprising approximately 4.33 acres located in St. Lucie County, Florida, legally described in Exhibit "A" attached hereto and made a part hereof, together with all and singular the rights, privileges, and appurtenances thereto belonging or in anywise appertaining (hereinafter referred to as the "Premises"). 2. PURCHASE PRICE a. The purchase price for the Premises is the sum of Thirty Two Thousand Five Hundred and No/100 Dollars ($32,500.00) (the "Purchase Price") payable at time of Closing by BUYER's check or check issued by the closing agent subject only to the prorations and adjustments as otherwise provided in this Agreement. This paragraph may incorporate other terms and conditions as may be agreed upon by seller and buyer in lieu of a specific purchase price. b. The parties hereto acknowledge and agree that the Purchase Price is based on the Premises comprising an estimated 4.33 acres. Upon completion of a Survey approved by the BUYER in accordance with subparagraph 5.c. hereof, the Purchase Price shall be adjusted up or down in the amount of $7,505.77 per acre for the difference between the estimated and final acreage of the Premises. In the event the foregoing adjustment to the Purchase Price shall result in the Purchase Price increasing by greater than five percent (5%), then BUYER shall have the option, in its sole and absolute discretion, of terminating this Agreement in writing, upon which neither party shall have any further obligations under this Agreement, except for material misrepresentations made by SELLER to BUYER. In the event the foregoing adjustment to the Purchase Price shall result in the Purchase Price decreasing by greater than five percent (5%), then SELLER shall have the option, in its sole and absolute discretion, of terminating this Agreement in writing, provided Buyer receives such written notice no later than the earlier of (i) the fifth day afte'r Seller receives notice of what the Purchase Price is adjusted to be or (ii) Closing, upon which neither party shall have any further obligations under this Agreement, except for material misrepresentations made by SELLER to BUYER. 1 ~ ...., 3. TIME FOR ACCEPTANCE This Agreement shall not be effective unless it is executed and delivered by the SELLER to the BUYER on or before March 5, 1999 and is executed by the BUYER on or before May 17, 1999. Notwithstanding the foregoing, in the event this Agreement is executed by the SELLER and delivered to the BUYER after March 5, 1999, BUYER, in BUYER's sole discretion, may extend said date until the date the BUYER actually receives this Agreement fully executed by the SELLER. The effective date of this Agreement ("Effective Date"), for purposes of performance, shall be regarded as the date when the BUYER has signed this Agreement. Acceptance and execution of this Agreement shall void any prior contracts or agreements between the parties concerning the Premises unless incorporated by reference herein. This Agreement is subject to and contingent upon approval by the Governing Board of the South Florida Water Management District, the Trustees of the Internal Improvement Trust fund and the Board of County Commissioners of St. Lucie County, Florida. 4. CLOSING DATE The transaction contemplated by this Agreement shall be closed ("Closing") and the Deed and other closing papers and possession, shall be delivered on or before July 23, 1999 ("Closing Date"), unless extended by other provisions of this Agreement. Closing shall be held at the office of the BUYER or BUYER's closing agent. BUYER shall have the unilateral right in its sole and absolute discretion to extend the Closing Date any number of times up to a total of sixty (60) days. 5. EVIDENCE OF TITLE a. BUYER, within thirty (30) days from the Effective Date shall, at BUYER's expense obtain a title insurance commitment ("Title Commitment") issued by a title insurer approved by the BUYER ("Title Company"), agreeing to issue to the BUYER upon the recording of the deed hereinafter mentioned, an owner's policy of title insurance in the amount of the Purchase Price insuring the BUYER as to marketable title to the Premises. BUYER shall pay at Closing the entire title insurance premium due for the title insurance policy to be issued to the BUYER after Closing pursuant to the Title Commitment. b. BUYER shall have until the later of: (1) the sixtieth (60th) day after the Effective Date, or (2) the thirtieth (30th) day after the date Buyer receives the Title Commitment and any updates thereto, or (3) the thirtieth (30th) day after the date Buyer receives the Survey, to examine the Title Commitment and the Survey. If the Title Commitment or Survey discloses exceptions to title other than those matters set forth on the list attached hereto as Exhibit "B", (those matters set forth on Exhibit "B" are hereinafter referred to as the "Approved Exceptions"), then BUYER shall within said period notify the SELLER in writing specifying which title exceptions are objected to by BUYER ("Title Objections"). The SELLER shall have ninety (90) days ("Cure Period") from the receipt of such notice to cure and remove the Title Objections. SELLER shall be obligated to and shall use diligent effort to cure and remove Title Objections within the Cure Period, including the bringing of necessary suits. If the Cure Period extends past the Closing Date, then the Closing Date shall be automatically extended to on or before the tenth (10th) day after the expiration of the Cure Period. If the SELLER shall not have cured and removed the Title Objections during the Cure Period, BUYER shall have the option of accepting title as it then is, extending the Cure Period for an additional sixty (60) day period or declining to accept title and thereupon this Agreement shall be canceled and the BUYER and the SELLER shall have no further claim against each other under this Agreement. c. Prior to or at Closing, SELLER shall, at its sole cost and expense, satisfy all B-1 requirements of the Title Commitment. If at Closing there are any unsatisfied Schedule B-1 requirements, the BUYER shall have, in addition to all other rights in this Agreement, the options set forth in subparagraph S.b. above. d. Within 60 days after the Effective Date, SELLER shall, at St. Lucie County's expense, deliver to BUYER a boundary survey of the Premises ("Survey"), prepared by a registered land surveyor, and prepared not more than sixty (60) days prior to closing. The Survey shall be done in accordance with the minimum technical standards for land surveying as adopted by the Florida State Board of Surveyors and Mappers and shall locate all title exceptions listed in the Title Commitment. The acreage established by the Survey and approved by the BUYER, shall be used in the calculation of the Purchase Price, as set forth in Paragraph 2.b. of the Agreement. SELLER, at St. Lucie County's sole cost and expense, shall have the Survey updated prior to Closing as is necessary to enable the Title Company to delete the survey exceptions contained in the Title Commitment. 2 '-' -..J 6. CONDITIONS PRECEDENT TO CLOSING a. In addition to all other conditions precedent to BUYER's obligation to consummate the purchase and sale contemplated herein provided elsewhere in this Agreement, the following shall be additional conditions precedent to BUYER's obligation to consummate the purchase and sale contemplated herein: i. Prior to Closing, approval of the acquisitions contemplated by this Agreement and release of funds to BUYER by (1) the Department of Environmental Protection from the Conservation and Recreation Lands Trust Fund in the amount of fifty percent (50%) of the sum of the Purchase Price plus BUYER's closing costs, from the Water Management Lands Trust Fund, and/or Preservation 2000 Trust Fund in the amount of thirty percent (30%) of the sum of the Purchase Price plus BUYER's closing costs, and (2) the Board of County Commissioners of St. Lucie County, Florida in the amount of twenty percent (20% of the sum of the Purchase Price plus BUYER's closing costs. ii. The conveyance contemplated by this Agreement is not in violation of, or prohibited by, any private restriction, governmental law, ordinance, statute, rule or regulation, including but not limited to applicable governmental subdivision or platting ordinances. Hi. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. iv. At Closing, there shall be no conditions with regard to the Premises, including but not limited to dangerous conditions, environmental conditions or physical conditions, that BUYER determines can reasonably be expected to (1) adversely impact BUYER's intended use of the Premises, or (2) affect the market value of the Premises. v. On the day of Closing, the Premises shall be in compliance with all applicable federal, state and local laws, ordinances, statutes, rules, regulations, codes, requirements, licenses, permits and authorizations. vi. The physical condition of the Premises shall be the same on the date of Closing as on the Effective Date of this Agreement, reasonable wear and tear excepted. b. Should any of the conditions precedent to Closing provided in subparagraph 6.a. above fail to occur, then BUYER shall have the right, in BUYER's sole and absolute discretion, to terminate this Agreement upon which both parties shall be released of all obligations under this Agreement with respect to each other, except for material misrepresentations made by SELLER to BUYER. 7. PRORATIONS, TAXES AND ASSESSMENTS SELLER shall pay at Closing all real property taxes accrued with respect to the Premises through the Closing Date in accordance with Florida Statute 196.295 and all other revenue of the Premises shall be prorated as of the Closing Date. All pending, certified, confirmed or ratified special assessment liens existing as of the Closing Date are to be paid by the SELLER no later than Closing. Intangible personal property taxes, if any, shall be paid by SELLER. 8. CONVEYANCE SELLER shall convey title to the Premises to the BUYER, and/or such other third party as may be designated by BUYER, by statutory warranty deed ("Deed") subject only to the Approved Exceptions and those title exceptions otherwise accepted by the BUYER. 9. OWNERS AFFIDAVIT/CONSTRUCTION LIENS a. At Closing, the SELLER shall furnish to the BUYER an Owner's Affidavit ("Owner's Affidavit") swearing that there have been no improvements to the Premises for ninety (90) days immediately preceding the Closing Date in order to enable the Title Company to delete the construction lien exception from the Title Commitment. If the Premises has been improved within ninety (90) days immediately preceding the Closing Date, the SELLER shall deliver appropriate releases or waivers of all construction liens and the SELLER's construction lien affidavit in order to enable the Title Company to delete the construction lien exception from the Title Commitment. In addition, the Owner's Affidavit shall be acceptable to the Title Company in order to enable the Title Company to delete the unrecorded easements, parties in possession and other standard exceptions from the Title Commitment. b. SELLER shall comply with the provisions of the Foreign Investment Real Property Tax Act, Section 1445 of the Internal Revenue Code (FIRPTA). i. In the event SELLER is not a "non-resident alien" or a foreign person" as defined within the meaning of FIRPTA, then SELLER shall provide at Closing to BUYER 3 '-' "wi a non-foreign affidavit in a form acceptable to the closing agent ("Non-Foreign Affidavit"); or ii. In the event the SELLER is a "non-resident alien" or "foreign person" within the meaning of FIRPTA and SELLER has not otherwise obtained an exemption or other written release from the Internal Revenue Service (IRS), then the closing agent shall withhold a sum equal to 10% of the Purchase Price, or such amount set forth in any written release from the IRS, from SELLER's proceeds at Closing and pay such sum to the IRS within 10 days from Closing. 10. DOCUMENTS FOR CLOSING a. At Closing, SELLER shall execute and deliver (or cause to be executed and delivered) to BUYER the following documents and instruments ("Seller's Documents"): i. the Deed ii. the Owner's Affidavit iii. the Non-Foreign Affidavit iV.the Closing Statement v. All other documents and instruments provided under this Agreement, required by the Title Company or reasonably required by BUYER to consummate the transaction contemplated by this Agreement, all in form, content and substance reasonably required by and acceptable to BUYER. b. The BUYER shall prepare the Seller's Documents (except for the Closing Statement and documents required by the Title Company). The BUYER shall prepare or cause the closing agent to prepare the closing statement and submit it to BUYER at least ten (10) days prior to Closing. 11. WARRANTY a. SELLER warrants that there are no facts known to SELLER materially affecting the value of the Premises which are not readily observable to BUYER or which have not been disclosed to BUYER. b. The SELLER hereby represents and ~arrants that there are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi- governmental authority, including but not limited to, BUYER, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the. Premises, or any portion thereof, and SELLER has not granted nor is obligated to grant any interest in the Premises to any of the foregoing entities. 12. EXISTING MORTGAGES AND OTHER LIENS At Closing, SELLER shall obtain satisfaction of record of all mortgages, liens and judgments applicable to and encumbering the Premises. 13. EXPENSES St. Lucie County shall pay all State and County surtax and documentary stamps that are required to be affixed to the instrument of conveyance and all costs of recording the Deed, and all other Closing Documents to be recorded. Any corrective instruments to be recorded, shall be paid by SELLER. 14. DEFAULT a. If the SELLER fails or neglects to perform any of the terms, conditions, covenants or provisions of this Agreement, the BUYER may seek specific performance without thereby waiving any action for damages resulting from SELLER's breach. If the BUYER fails to perform any of the covenants of this Agreement, SELLER shall have the right to seek damages or specific performance. b. In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, the prevailing party will be entitled to recover reasonable attorney's fees and costs from the other party. 15. RIGHT TO ENTER The SELLER agrees that from the Effective Date through the Closing Date, all officers, employees and accredited agents of the BUYER shall have at all proper times the unrestricted right and privilege to enter upon the Premises for all proper and lawful purposes, including but not limited to inspection, investigation, examination of the Premises and the resources upon it. 16. RISK OF LOSS AND CONDITION OF REAL PROPERTY SELLER assumes all risk of loss or damage to the Premises prior to the Closing Date and warrants as a condition of Closing, that the Premises shall be transferred and conveyed to BUYER in the same condition as of the date of SELLER's execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the Premises is altered by an act of God or other natural force 4 '-' ...., beyond the control of SELLER, BUYER may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. In the event BUYER elects not to terminate this Agreement, the Purchase Price shall be reduced by the appraised value, as approved by BUYER, of the damaged or destroyed improvements, and any casualty insurance proceeds shall belong to the SELLER. 17. SURVIVAL The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the Deed and BUYER's possession of the Premises. 18. OCCUPANCY AND POSSESSION SELLER warrants that there are no parties in occupancy of the Premises other than SELLER, and at Closing, SELLER shall deliver occupancy of the Premises free and clear of all parties. 19. SPECIAL CLAUSES a. Environmental Conditions i. For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. ii. As a material inducement to BUYER entering into this Agreement, the SELLER hereby warrants and represents the following: (1) The SELLER has obtained and is in full compliance with any and all permits regarding the Disposal of Pollutants on the Premises or contiguous property owned by SELLER. (2) Except as disclosed by Environmental Phase I Audit of the Premises prepared by South Florida Water Management District and dated September 15, 1997, the SELLER is not aware nor does it have any notice, actual or constructive, of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Premises or on contiguous property. . (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or threatened against the SELLER relating in any way to the Disposal of Pollutants on the Premises or on any contiguous property owned by SELLER. iii. Liability. While Paragraph 20.a. establishes contractual liability for the SELLER regarding pollution of the Premises as provided herein, it does not alter or diminish any statutory or common law liability of the SELLER for such pollution. b. Prior to Closing, SELLER, at its sole cost and expense, shall clean up and remove all abandoned personal property (including but not limited to trailers of all types), refuse, garbage, junk, rubbish, solid waste, trash and debris from the Premises. 20. BROKER FEES SELLER warrants that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing, except for Merritt Realty. SELLER shall pay all real estate commissions, fees and other consideration due brokers in connection with the transaction contemplated by this agreement. 21. MISCELLANEOUS a. Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communications) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, or sent by any form of overnight mail, addressed to: 5 '-' ....., TO BUYER: Director of Real Estate Division South Florida Water Management District (MAILING ADDRESS:) P.O. Box 24680 West Palm Beach, Florida 33416-4680 Fax (561)681-6233 (OFFICE LOCA TION:) 3301 Gun Club Road West Palm Beach, Florida 33406 County Attorney St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Fax (561 )462-1440 TO SELLER: With a copy to: Edgar & Lois Barker 411 Weatherbee Road Fort Pierce, FL 34982 Merritt Realty 4822 S. U.S. #1 Fort Pierce, FL 34982 Fax or to such other address as any party may designate by notice complying with the terms of this Subparagraph. Each such notice shall be deemed delivered (1) on the date delivered if by personal delivery; (2) on the date telecommunicated if by telegraph; (3) on the date of transmission with confirmed receipt if by telex, telefax or other telegraphic method; (4) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and (5) one day after mailing by any form of overnight mail service. b. Severability. If any provision of this Agreement or any other Agreement entered into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. If any provision of this Agreement may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision shall have the meaning which renders it valid and enforceable. c. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A facsimile copy of this Agreement and any signatures hereon shall be considered for all purposes as originals. d. Interpretation. This Agreement shall be interpreted without regard to any presumption or other rule requiring interpretation against the party causing this Agreement or any'part thereof to be drafted. e. Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by the BUYER and the SELLER shall control all printed provisions in conflict therewith. f. I.ime.. Time is of the essence with regard to every term, condition and provision set forth in this Agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or a legal holiday shall extend to 5:00 p.m. of the next business day. 6 '-'" ....", g. Entire Agreement. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No agreements or representations, unless incorporated in this Agreement shall be binding upon any of the parties. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. h. Successors in Interest. This Agreement shall be legally binding upon the parties hereto and their heirs, legal representatives, successors and assigns. This Agreement may not be assigned by SELLER without BUYER's prior written consent. BUYER: SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD ATTEST: By: Chairman Secretary Executed by the BUYER on BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ATTEST: By: Chairman Clerk of Court Executed by the BUYER on Approved As To Form and Correctness: County Attorney . SELLER: ¿~~¡/~ ~ :,)¿ß~ Witness Edg . Barker C~cL~~~. Witness Lois Grace Barker -- ~~ 7 ..:::s:. ~z t Q) CJj IU ~ Q) 1::00 i i!1 '- ~JJ'~ Ii Ü ~§ ;;j HI ():¡::¡ ~ Ii; > (11 ~ ¿¡ê o U- Q) ~'E 1 ls¡ e- l:!l - :::;0 .- E:ë !i h~ 2 § ~ ~ oc¡:::¡; jJ!f ijj ]!i <!} rfj C ä Q) I- "" Q) > .- LL ---I I I I I I I 1 1 I I 1 1 ____I '-' "'" DEPARTMENT OF LEISURE SERVICES MEMORANDUM TO: Don Cole, Acquisition Manager Steve Fousek, Environmental Lands Specialist ~ Jack Doughney, Leisure Services Director~, February 2, 1999 v ~ FROM: THROUGH: DATE: SUBJECT: Barker Parcel ******************************************************************* The Barker parcel is located within the 5 & 10 Mile Creek acquisition area. The 4.33 acre parcel contains primarily hammock communities located near the confluence of Five and Ten Mile Creeks. The site, located south of the Florida East Coast Railway tracks, is in pristine condition, with no man-made impacts or al terations. The overstory is dominated by very old Live Oak, Cabbage Palm, Slash Pine and Hickory. The parcel is an excellent example of mature, old growth ecosystems. Acquisition of the site will add to the existing preserved lands located contiguous to the property, creating a relatively large parcel. Acquisition of the site will nearly complete the project. There are several attributes of the parcel including: - lack of exotics and other management needs; - location to close proximity to a large population center; - provides flood protection along the waters of the North Fork; - protects valuable habitat, and; - eliminates an outparcel within an acquisition area. I support the acquisition efforts of the Barker parcel. cc: Pete Keogh, Special Facilities Manager '-' '-wi AGENDA REOUEST ITEM No0C DATE: March 9,1999 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COM:MISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Midway Walgreens BACKGROUND: See attached Memorandum No. 99-270 FUNDS AVAll...: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: CONC NCE: [>1 APPROVED [] DENIED [ ] OTHER: Pay a $50,000 mitigation fee --~ and follow the original site OU sAnderson plan with some modification. County Administrator Leave remaining vegetation payme~dt;le when site. pland 1 ReV1èw an Approva s appro . County Attorney: j Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)~ Eff. 5/96 '-" '-' 0Ò INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: FROM: DATE: CA: SUBJECT: Board of County Commissioners Daniel S. McIntyre, County Attorney March 4, 1999 99-270 Midway Walgreens Background Westco Development Corps ( West) and its Contractor Tim Rose (Rose) violated County codes by improperly removing trees at a site located at the northeast corner of Midway Road and U.S. 1 . West and Rose were notified of the violation by letter dated February 4, 1999 from Ray Wazny. (Copy of letter attached as Exhibit "A") As a result of the violation a stop work order was issued and is still in effect. Based on a memorandum dated February 25, 1999, from Mr. Wazny it appears that West and Rose improperly removed six hundred thirty three (633") inches of oak trees from the site including the outparcel (Copy of memorandum attached as Èxhibit "B''),. A copy of the proposed site plan including a proposea landscaping plan is attached as Exhibit "C '. In the proposed landscaping plan, West has proposed to plant approximately three hundred (300") inches of trees (Live Oak, Holly, Ligustrum, Cabbage Pãlm) along with miscellaneous shrubs and ground cover. West has hired attorney Edward Becht to represent him in attempting to resolve the violations through negotiations. Mr. Becht has sent two (2) letters dated February 19, 1999 and March 2, 1999 p,roposm~ possible settlement of the violations. (A copy of the letters are attached as Exhibits "D' and "E' respectively). In the February 19 letter, Mr. Becht on behalf of West and Rose offered to plant 400 inches of oak trees and pay a five thousand and a/lOa ($5,000.00) fine. In the March 2 Tetter Mr. Becht identified a series of alternative proposals as follows: 1. Pay a five thousand and a/lOa ($5,000.00) dollar fine and contribute twenty five thousand and a/lOa (25,000.00) toward an appropriate fund for the unencumbered use of the County; or 2. Plant four hundred (400") inches of oak trees (2 1/2") DBH/10" tall) prior to the issuance of the CO for Walgreens. West would maintain the trees for six (6) months. The County would pay the cost of installing the necessary well and electric to that well; or 3. West will put up a thirty thousand and a/lOa ($30,000.00) cash deposit and replace inch for inch those trees whiclï were removed from the Walgreens site as distinguished from the outparcel. Mr. Becht appeared at the Board's March 2nd meeting. At the Board's direction the item is agendaed for discussion at the Board's March 9th meeting Discussion: In reviewing West's proposals to plant trees, a number of issues should be clarified as follows: - ~ ....., a. Required Landscaping 1. Is the number of inches that West proposed to plant in addition to the required landscaping in the landscape plan (Exhibit "C") ? C:;ounty staff believes that any planting by West should be in addition to the required landscapmg. . County staff also believes that the County should require West to modify the existing landscaping plan as follows: 1. All plants and shrubs shall be native vegetation. 2. Fifteen (15) extra live oak trees need to be planted on the site in addition to the thirty- three (33) live oak trees shown in the original plan. 3. All forty-eight (48) live oaks shall be four (4") inch dbh containerized, ninety - five(95) gallon and be Flonda # 1 or better (This would allow West a credit of seventy-two (72") inches toward his required offsite inches as determined by the Board) b. Offsite Tree Mitigation What should be the quality of trees, the size of the trees, the location of the trees? Who will maintain the trees, and for how long? Steve Fousek, Environmental Lands Specialist for the Coun~, has developed some possible landscape installation plans which are attached as Exhibit "F". The plans would require West to: 1. Plant 216 live oak ten (10') foot height x five (5') foot spread, full twenty-five (25) gallon one and ~ (1 ~") inch caliper (measured at DBH (Diameter at Breast Height) which is measured at four and ~ ( 4 ~) feet above the ground. The trees must be Florida # 1 or better.. 2. Locate the live oaks at the Savannas Park off Midway Road or at some other site as determined by the Board 3. Maintain the trees for a period of one (1) year. If any of the trees die within the one (1) year they must be replaced with a comparable tree and die comparable tree must be maintained for one (1) year. One of the alternatives presented by Mr. Becht involved the payment by West of money to the County in lieu of installmg and maintaining the trees. From the County s perspective this alternative would have the advantage of allowing the County to use the money to contract directly with a landscape company to purchase, install and maintain the trees. This option would have the further advantage of aVOiding a long term relationship with West that potentially could be adversarial . According to Mr. Fousek, the estimated cost of installing and maintaining two hundred sixteen (216) live oak trees - ten (10') foot height x five (5') foot spread, full twenty-five (25) gallon, one and one ~ (1 ~ ) inch caliper, Florida #1 is: Purchase Installation Maintenance Total $16,200.00 $16,200.00 $8,000.00 $40,400.00 Conclusion: \...-' " A possible settlement scenario that the Board may want to discuss is as follows: 1. Require West to plant forry-eight (48) live oak trees at four (4") dbh on the site in addition to the otner non-oak trees and sliruEs shown on the landscape plan attached as Exhibit "A". Require West to plant all native vegetation on site. 2. At the option of the Board, require West to sign a conservation easement covering some or all of the oak trees on site. 3. Require West to immediately pay the County forty thousand four hundred and 0/100 ($40,400.00) dollars to be used by the County for environmental restoration at the Savannas or other locations as determined by the Board. 4. Require West to immediately pay the County five thousand and 0/100 ($5,000.00) dollars as a penalty and require West to issue a public apology for violating the County's codes. BOARD OF COUNTY COMMISSIONERS "-' ~~ ,. '-' PUBLIC WORKS DEPARTMENT EXHIBIT (A) CERTIFIED MAIL - RETURN RECEIPT REQUESTED February 4, 1999 Timothy William Rose 120 43rd Avenue, SW Vero Beach, FL 32968 FEB-5 . -',."'"' ""I Subject: Walgreens US No. 1/Midway Road Vegetation Permit { " . -.--' ,_. "'A..I"~,_ __~ L. ~,'" Dear Mr. Rose: .._-.'--. -- On February 4, 1999 a STOP WORK ORDER was posted on the new Walgreens site at the intersection of South US #1 and Midway Road in Fort. Pierce. This stop work order was issued as a result of the unauthorized land clearing activities which exceeded your approved stormwater/site clearing plans approved by the County. No further work is to proceed on this project until a complete site restoration plan has been submitted, and approved by the County. This restoration shall at a minimum address the following: · Replacement of the lost 663 inches of oak trees removed in violation of the approved stormwater site. · The effects of these lost trees on the previously approved conceptual landscape plans submitted with the project site plans. New landscaping plans will be required. The restoration plan shall not automatically assume that you will be replacing the lost vegetation with minimum county standard trees (2 1/2" dbh). There may have been several trees taken out that were in excess of 30" dbh. Any restoration plan must include tree plantings of a proportionate size to the ones removed. 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.Adminisrrotor - Douglos M. Anderson 2300 Virginia Avenue · Ft. Pierce, FL 34982 Public Works: (561) 462-1485 · FAX (561) 462-2362 Division of Engineering: (561) 462-1707 Fox 462-2362 · Division of Rood & ßridge: (561) 462-2511 FAX 462-2363 Division of Solid Waste: (561) 462-1768 FAX 462-6987 · TOD (561) 462-1428 \..; ...¡ Letter to William Rose February 4, 1999 Page 2 Upon the development of your proposed restoration plan, please contact me at 462-1485. Very truly yours, ~J/~ ~ :aOND L. WAZN~ ~~&w orks Director -Y Y RLW:ewc cc: Board of County Commissioners County Administrator County Attorney V Interim Community Development Director Code Enforcement Supervisor Midway Joint Venture ~ "'" MEMORANDUM TO: Board of County Commissioners Ray WaZIl.y, Public Works Director ¿&~ FROM: SUBJECT: Land Clearing at U.S. #1 and Midway DATE: February 25, 1999 ****************************************************************************** I wanted to report to the Board that the number of inches of Oak Trees pemritted to be removed ftom the Walgreens site was 286. The number of inches of Oak Trees removed without authorization is 633. These calculations were made using the site plan submitted by the contractor. Please call me at 462-1485 if you have further questions. Thank you. Rl...- W / sm cc; Doug Anderson, S1. Lucie County Administrator EXHIBIT (B) I.~ - r, :¡ - Mew I (\ , . .... F EE;-l '~-1:¡':":' "" -:S: =3 P.121 ... '-" 'wi Edward W. Becht, P A. ATI'ORNEY AT LAW P. O. Box 2746 321 South Sacond SlJ"eet Fort PIerce, Florida 34954-2746 Ta/ephone; (561) 465-5500 F~: (561) 465-8909 February 19. 1999 Da:1iel J. Mcintyre, Esquire St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce. Florida 34982 CONFIDENTIAL SETTLEMENT NEGOTIA TrONS Re: Westco Development/Midway Walgraens Dear Dan' I have received authority from my client to offer a proposal for complete settlement of the outstanding Stop Work Order and violation which exists as a result of the accidental removal of protect~d trees from the above-referenced site. This is a proposal to settle a dIspute, and cannot be used at " later date in any litigation or administrative hearing without the express written consent of Brian West. The settiement contemplates a complete release of all parties involved in the removal of the trees, including, without limitation, Westco Development Corp., Brian G. West and Tim Rose. My client is willing to pay a $5,000.00 fine to St. Lucie County, Florida for this incident You and I have had discussions on whether the County has the authority to issue a fine for each tree that was removed. I strongly disagree with you that the County has the authority to issue a fine for each tree. Nowhere in the Code does it mention a fine per tree, but rather refers to a fine per violation The violation that was cited in Ray Wazny's letter of February 4, 1999 was for exceeding the storm water permit that was approved. I believe that everyone has lost sight of the fact that the oak trees that were on the site were not in an environment that was conducive to their growth, and that the entire site was more appropriately characteri~ed as a Brazilian Pepper and Australian Pine farm. This is not to say that the removal of the trees was appropriate or even beneficial to the site. It was a mistake for which my client immediately accepted responsibility. = As part of the settlement, my client will agree to plant 400 inches of oak trees. These oak trees will need to be placed on not only the subject parcel, but other parcels to be selected by the County within a reasonable amount of time. I have d~sG\;jSsed with my client. and he has approached various financial institutions, about obtaining a letter of credit in favor of St. Lucie County to secure this obligation I think It is very important for all concerned to understand that through the permitting process. and specifically the site plan which has been approved for this site by the County, my client had the right to remove a certain number of ¡nche.s of oak trees EXHIBIT (D) ~ES-1S-1S99 lS:53 J . '-'.. P.02 ""'. ......, Daniel J. Mclntrye, Esquire . Page 2 - February 19, 1999 !!(ithQ¡Jt mitig;¡!Qn. In fact, had the application for the Outparcel been proceosed before the clearing, my client could have removed with County appro",,' a significant number of ,"-' trees that were actually removed. My client recognizes thaI he is not in a POsition where he is seeking permIssion for development of the outparcel at the present time. He is in a situation where the yiolÐtion has occurred and he is willing to accept responsibility for that violation. It is my understanding that at least one Commissioner is interested in discussing a conse!"llation easement to Insure that the trees that are remaining on the property, as well as the trees that can and wirl be planted on the property, will be maintained to County satisfaction. If this is an item that is important to a majority of the Commissioners, then my client is willing to execute a mutually agreeable conservation easement. The form of easement which you provided me is acceptable provided you and I can agree on the dimensions of the site. I will be delivering a written statement of aporogy from Mr. West for the removal of the trees at the County Commission Meeting where thiS settlement is approved. There 8ie other mitigating factors Which you and I have discussed which I am not going to set out in this letter for fear of giving the appearance that Mr. West is not sincerely remorseful for the removal of the trees. However, as a citizen of S1. Lucie County, I would like to offer a few comments concerning t:1e COde provisions as they relate to a violation of this nature I am still '....1certain as to how one would calculate the diameter of an oak tree that has a trunk in the shape of an oval, as distinguished frem a geometrically perfect circle. I have forgotten most of the geometry that I learned in tenth grade, but it appears to me that the circumference of the trunk of the tree might be a more realistic and accurate means of measuring the size of the tree. I would also point out that there are no Code provisions requiring the trees be replaced in Chapter 11. þ,1/ reference to mitigation appears to be confined to the Chapter 6. These are my general c·:)mments, and should not be read as concerns of Mr. West. Please feel free to call me at home (468-8403) over the weekend. Thank you for your help. Very truly yours. Cd Qs-~ Edward W. Becht TOTHL P. [12 " '" "-' (" - ,0 ¡r...... 0/ (). 12- D ~ üß~:¡¡;1~ -- ~dWHU ,~~J: - uJ~ r»c/ldiPád -p£~ ¡ ~.~~ -Jr .-. (lu;;/¡~ 1Jpt~~() f'W ~~~ rLW \~¿ . pßc~ - ~ peeL; Î U i? . - ~ j¿~M - ~ '~ "- od.;J ù~~ - rMc4 ~y ....." (~~ :;rJ \ .~ ~ J' ' ~ ·c L(S/ rirn / d'- ~ ._-- -- J~ (JoO ~ - f~.hJ~ 1tJ( ~,c.J -J- 1f:v (A/cJ'F - fJ¿¿L¡Yp.J!, ~ TCø4 '.'~;""-.:-.'-..":-'~~ -.:..' .¡" .. ;::.01 '-' Edward W. Becht, P A. "" A rTORNeY ^ T LAW P. Q. Box Z746 321 South Second Street Fort ?"¡eTc~, Aocida 34954-2;46 Te!e-phone: (561) 465-5500 FÞ: (5611 465-8909 March 2, 1999 Daniel J. Mcin~r8, Esquire St Lucie County Attomey 2300 Vrrgi'1ia Avenue Fort Pierce, Florida 34982 CONFIDENTIAL SETTLEMENT NEGOTIATIONS Re. Westco Development/Midway Walgreer.~ Dear Dan. As an a!lernate soiution to the dispute between my dient and the County, I have been authorized to extend a casrl settlement to you. My Client is willing to pay a $5,000,QO fine, and contribute S25,OOO.QO toward an appropriate iund for the unencumbered use of the County. Obviously, we woold need to receive release$ from the County concarning the Stop Work Order, ônd any Code violations. penalties, fir-as or negative impacts on my client's license. i appreciate that Mr. Fousek has attempted to find out the cost of obtaining and installing the tree$. but, as IS usually the case, the cost tor gcvemmer.t to do the work exceeds the cost of private snterprise doing the work As an alternati'Je to the above proposal, my dient is willing to plant 400" of oak trees (2 '1/2" D8H/10 foot tali) prIor to the issuance of the certificate of occupancy for tt'1e Wa:greens We wou!d agree to maintain the trees for six months, with the proviso that the Country would pay the cost of in$talling the nece·ssary well and electn<: te that wen As a further ç,ptlon, my client is willing to put up a $30.000 00 cash deposit. and replace inch for inch those tre€S which were rernolfsd from ttle Walgreens' site. as distinguishe<J from the outparcel. As a condition of this proposa!, development on the Walgreens' site would commence immediately. It IS my intention to appear at the public hearing tonight, whether we are on the agenda or not. and attempt to address tne Board so that a consenslJs car. be tormed. The problem I am having is that we have not been able to obtain a conS9f'SUS from the Commissioners as to what a majority of them want. I stlil hope rõ'5e able to wor~ something out with the Board this afterncon. Very truly yours, -<fô C2r-" EXHIBIT (E) Edward W. Becht EWB/jef TOT~L P. ¿'1 , ~ ...., Exhibit C DR ~ ~".""" . 'O':"·.i,... !JArl Landscaping Installation: PART 1 - General Contract Includes: The landscape contract includes the supplying and planting of all trees, together with all necessary labor, equipment, tools and materials needed for the successful completion and execution of the landscape plans. NOTE: See General Landscape Requirements included with Landscape Specifications and Details Sheet for additional information. Errors and Omissions: The plant list is a part of the drawings, indicating name, size and quantities of specific plant materials as called for and located on the drawings, and is furnished as a convenience. The contractor is responsible for his own quantity count, and any discrepancy between drawings and plant list shall be considered as correct on the drawings. The landscape contractors will not be allowed to take advantage of errors or omissions in the specifications or contract drawings as full instruction will be given if such errors are discovered. Upon his discovery of any discrepancies in, or omissions from the drawings or documents, or should he be in doubt as to their meaning, he shall notify the County, who will determine the actions necessary to each discrepancy. If plans and specifications are found to disagree after the contract is awarded, the County shall determine the design intent of the drawing. Protection of Plant Materials: A. All plant material shall be protected from possible bark injury or breakage of branches. All plants transported by open trucks shall be adequately covered to prevent windburn, drying or damage to plants. B. Plants which can not be planted immediately upon delivery to the site shall be covered with moist soil, mulch or other protection from the drying of the wind and sun. All plants shall be watered as necessary until planted. Storage: A. All plant materials shall be stored on the site in designated areas, specified by the County. B. No plant material shall be stored longer than seventy-two (72) hours. C. The County reserves the right to reject any plant materials not in conformance with these specifications. D. All rejected material shall be i~ediately removed from the site and replaced with EXHIBIT (F) ,. '-" ....,., acceptable material at no cost to the owner. DRAFT Warranty: A. Provide one (1) year warranty from date of final acceptance, including coverage of plants from death or unhealthy conditions. B. Replacement plants shall be of the same size and species as specified, with a new warranty commencing on the date of replacement. Maintenance Service: Maintain all plant materials for one (1) year after final acceptance. (Refer to Maintenance section A.) Trees and Plants A. Plant materials shall be grade Florida # 1 or better, as outlined under Grades and Standards for Nursery plants, Parts I and II, State of Florida, Department of Agriculture and shall confonn to AAN standards for nursery stock (ANSI 260.1-1980). B. Species and size identified in Plant Schedule as indicated on Drawings, grown in climatic conditions similar to those in locality of the Work. C. Plants should be typical for their variety and species, sound, healthy, vigorous, free from plant disease, insects or their eggs. They shall have healthy normal roots and shall not be root bound. All plant materials shall be nursery grown unless otherwise noted. D. Plants shall not be pruned or topped prior to delivery. E. No substitutions of plant materials shall be made without written permission from the County . F. Trees shown in a line on the plan shall have the trunks/canopies in proper alignment upon visual inspection after installation. G. Plant substitution requests, for plant material not obtainable in the type and sizes specified, shall be directed to the County for consideration and approval. It is the contractor's obligation to know where they can obtain all plant material at the time an agreement is executed. Soil and Soil Enhancement Materials: A. Topsoil: Fertile, agricultural soil, typical for locality, capable of sustaining vigorous plant growth, free of subsoil, clay or impurities, plants, weeds and roots. B. Planting soil for all plantings shall consist of 33% muck mixed with 33% topsoil and 33% builders sand and shall be free of debris, roots, clay, stones, plants or other foreign · D··· ~.~ ~T : HAt materials which might be a hindrance to planting operations or be determined to good plant growth. '-" ....., C. Muck shall be delivered and stored on the site, prior to use, in a location to be determined by the County. D. Fertilizer: Commercial fertilizer shall be an organic fertilizer containing nitrogen phosphoric acid, and potash in equal percentages of available plant food by weight. Nitrogen shall not be less than 40% from organic source. Inorganic chemical nitrogen shall not be delivered from the sodium of nitrate. Fertilizers shall be delivered to the site in unopened original containers, each bearing the manufacturer's guaranteed analysis. Any fertilizer that becomes caked or otherwise damaged shall not be acceptable. E. To each cubic yard of planting soil (33% muck, 33% topsoil, and 33% builder sand) shall be added and thoroughly mixed three (3) pounds of commercial fertilizer. F. Terrasorb or equal use with all planting at the rate as specified on Soil Amendment Schedule. PART 3 - EXECUTION Permits and Certificates: All contractors shall secure and pay for all permits and certificates required by his class of work. Examination, Preparation and Soil Testing: A. Verify that underground utilities are in proper location. B. Excess excavation (fill) and all extraneous material from all holes shall be removed from the site, at no additional expense to the Owner. Placing Topsoil: A. Grade topsoil to eliminate rough, low or soft areas, and to ensure positive drainage. _ B. Place topsoil into pits and beds intended for plant root balls as shown on the details. C. Apply fertilizer in accordance with specifreations indicated on the planting details. Planting: A. All trees and plants shall be set to ultimate finished grade. No filling will be permitted around trunks or stems. All ropes, wire, staves, etc., shall be removed from the hole before filling in. B. ~ ...., PI t· . hall b d th fì 11 . d"" n R ^ FT an mg pIts s e excavate to e 0 oWIng ImenSlons and rUled n planting median defined in Soil and Soil Enhancement Materials Section. Container grown material and trees, 1 Yz times width of container and depth of container plus 12" minimum. C. Exact location of plant material may vary slightly, coordinate field location with Urban Forester or Environmental Lands Specialist prior to commencement of work. Maintenance: A. Maintenance shall begin immediately after each plant is installed and shall continue for one (1) year following final acceptance by the County. Maintenance shall include, removal of dead materials, resetting plants to proper grades or upright positions, restoration of planting saucer and/or any other necessary operations. B. Remove dead and broken branches from all plant material. Prune to retain typical habit of individual plants with as much height and spread as is practicable and in a manner which will preserve the plant's natural character. C. Tree shall not be poled or topped. D. Paint all cuts one-half inch (112") in diameter and larger with antiseptic tree paint. E. Water to prevent grass and soil from drying out. F. Each plant or tree shall be thoroughly watered during planting to remove air pockets. G. All trees shall be deep watered from a period of ninety (90) days after planting. H. Water shall be provided from a potable or other approved source, and shall be furnished by contractor and included in the cost of maintenance. Schedule - Plant List: LISTED ON LANDSCAPE DEVELOPMENT PLANS Execution of Work: The landscape contractor shall have his labor crews controlled and directed by a landscape foreman, well-versed in plant materials, planting, reading blueprints and coordination between jobs and nursery, in order to execute installation rapidly and correctly. Inspection and Acceptance: A. Inspection of work to detennine completion of contract, inclusive of the possible replacement of plants, will be made by the Environmental Lands Specialist at the conclusion of all planting and at the written request of the contractor. B. After inspection, the contractor will be notified by the County of the acceptance of all .. "-' ....., DRAFT plant material and workmanship, inclusive of the possible replacement of plants subject to guarantee. C. Near the end of the one (1) year maintenance term, the County will conduct an inspection of the newly planted trees. Any tree that has died back to a point where it is no longer considered Florida No. I in quality, shall be replaced by the contractor. '" -.-. ...,. - ~ ...... ...., AGENDA REQUEST ITEM NO. ,. 11f DATE: March 9. 1999 TO: BOARD OF COUNTY COMMISSIONERS REGULÄR: (X) PUBLIC/HEARING: ( ) CONSENT: ( ) . PRESENTED BY: SUBMITTED BY (DEPT): Public Works I Solid Waste Division SUBJECT: Report of findings of third party review of cost for processing for recovery and disposal of Construction and Demolition debris at the St. Lucie County Landfill. BACKGROUND: On January 12, 1999, the BOCC passed Resolution 99-33, reducing the tipping fee for construction and demolition from $30/ton to $20/ton. On February 9, 1999, the BOCC reviewed the rate and returned the tipping fee to $30/ton and instructed Staff to look at costs and document the actual rate for a review in 30 days. It was the Board's recommendation to hire a consultant, other than CDM, and to get input from the City of Port St. Lucie as well. FUNDS AVAILABLE: N/A PREVIOUS ACTION: Discussed on January 12, 1999, and February 9,1999 (see above.) RECOMMENDATION: Staff recommends the Board of County Commissioners again review the construction and demolition debris tipping fee at the Glades Road Landfill after the presentation by Timothy F. Nunt Jr.' COMMISSION ACTION: CE: APPROVED 0 DENIED '~THER: Re-Schedule for 3-23, set a meeting with recyclers, PSL Review and Approvals attorne~thers to discuss o County Attorney: 0 Management and Budget: o Originating Dept: (Pub. Wks.) :(1..J 0 other: (landfill! J o Purchasing: o Other: o Finance: Check for copy only, if applicable: . Mar 03 99 10:05a 'loth::! Hunt '-" 5E" 798-8378 ......, 7~ p.2 Timothy F. Hunt Jr. & Associates 1401 Clydesdale Avenue Wellington. Florida 33414 Phone (581) 798-6378 Fax(561)79ð--ð403 E·rnaU tfhjr1@juno.com March 2, 1999 Mr. Leo J. Cordeiro Solid Waste Manager St. Lucie County 6120 Glades Cut-off Road Ft. Pierce, Horida 34981 Subject: Report of Findings of Third Party Review ofCos! for Processin¡ for Recovery and Disposal of Construction and Demolition Debris at the 81. Lucie County Landfill Dear Mr. Cordeiro: The scope of this report is to provide an independent evaluation of the cost of processing for recovery and disposal of construction and demolition debris (C &. D) at the St. Lucie County . Landfi)], assess the amount of material recovered or recycled from C & D materials received and review the landfill capacity utilized at diffel'ent tonnage rates. In accordance with your letter of authorization to proceed we used 150 tons per day (TPD) for 313 days per year as the comparative basis of our review. Inherent in such an evaluation is consideration of several factors which directly or indirectly impact on the cost of operations. Examples of these factors include: ... tonnage by types of materials received, ... quantities of segregated versus mixed material received, * revenues by type of material received. * capacity of disposal space available versus consumed, * cost of processing versus disposal of C & D material, and . comparison of coSts for processing and disposal of C & D material with similar activities elsewhere. Based upon a review of the minutes from the February 9, 1999 Board of County Commissioners meeting, as they relate to our scope, the following three questions are addressed: 1. Is the county recycling 35% of the incoming material classified as C & D material received at the landfill? 2. Is the proposed rate of $20 per ton for C & D material sufficient to pay for the reported recovery rates and disposal? 3. How much capacity of the C & D landfill space will be depleted if the county receives approximately 150 tons per day (TPD)? Mar 03 99 10:05a --moth::! Hunt '-" 5f: 798-6378 ......, p.3 Our findings are summarized below with the details of our report contained in the attachment supported by appropriate exhibits. We have also included recommendations which may be of assistance to St. Lucie County. Summary of F'inding$ L Based upon research of scale tickets by county landfill staff: our experience and independent research it appears that probably 35% of materials classified as C & D were recovered in 1998. However, it is difficult to determine, without extensive additional effort, how much of the recovered material was actually recycled or reused trom inventory especially within landfill operations. We estimate 28% was delivered already segregated and 7% required sorting. 2. Based upon a review of county and other documents and comparison with other similar operations OUT opinion of C & D recovery and disposal costs are as follows: TPD 100 150 County $15.47 Cost Per Ton I CDM $16.89 T. Hunt $16.33 $11.40 Notes: (a) The County and CDM calculations are based only on 100 TPD, 30 years of long term care, some double counting of personnel, and different years of1andfill capacity used. (b) T. Hunt prepared calculations for 100 and 150 TPD, used FDEP requirements for 5 years of long term care for C & D landfills, included some double counting ofpersonne~ used actual projected landñ1l capacity used. (c) T. Hunt used the 7.5% for aRocation of expenses for comparative purposes however, we do not feel comfortable with this percentage as it does not appear to be tied to a measurable index. Therefore, as an example we chose to use C & D tons as a percentage of gross tons received to estabJish a measurable index and recalculate projected costs which are discussed in the attachment and presented in Exhibit V b. 3. ClÙculations ofIandfill depletion prepared by the County and CDM used 1300 lbs per cubic yard and used C & D generation rates nom their 1997 Landfill Fmancial update which used 40,380 projected tons (129TPD) for 1998. T. Hunt used 1400 Jbs per cubic yard based on CDM'snote of recommendation in their 1997 update and calculated depletion based upon 100 and ISO TPD resuhing in the following comparison: TPD 100 150 Co~ 2049 i I- CDM 2024 T. Hunt 2031 2022 None of the depletion proje<.:tions consider C & D recovery or recycling rates. Any materials recovered and not disposed extends 1andfilllife into the future. 2 Mar 0'3 99 lO:OSa moth~ Hunt '-" Sf 798-6378 '-' 1".4 There are many factors involved in developing our findings for each question. The details of our report is presented in the Attachment and Exhibits. We will be available to present our report to the Board of County Commissioners on March 9,1999 Submitted by, ~{~ Timothy F. Hunt Jr. Principal Attachment wI exhibits 3 Mar 03 99 lO:05a -'moth::l Hunt '-'" 5E' 798-6378 "'-" p.5 Attachment Details of Costs & Recovery Rates of C & D Materials at St. Lucie County Landfill Back~ound In a January 9, 1998 letter Camp, Dresser & McKee, Inc. (CDM) estimated a gross revenue reduction from landfill tipping of $ 1.1 million on an annualized basis if tipping fees were adjusted as follows: Class 1: C&D: Yard Waste: From $35.00 per ton to $30.00 per ton (current rate is $32.00 per ton) From $30.00 per ton to $20.00 per ton From $26.00 per ton to $20.00 per ton The Board approved the Class I and Yard Waste reduction but not the C & D reduction. In a staff memorandum to the Boar~ dated March 24, 1998, C & D tonnage for the past year was estimated at 34,000 tons or approximately 108 tons peT day. This tonnage generated approximately $ 1.02 million per year at $30.00 per ton. The staff estimated that a reduction in tipping fee for C & D waste from $30.00 per ton 10 $18.00 per ton would result in approximately $400,000 less revenue per year. The memorandum implied that ifwaste flow to the landfill was not protected from competitors (vWich were charging flom $19.00 to $27.00 per ton) the ability of making principal and interest (P & I) escrow payments may have to be subsidized by taxpayer, A reduction of the C & D tipping fee to $18.00 per ton combined with approved reductions for Class I and yard waste would allow for an escrow into the Future Landfill Expansion Account of one million dollars per year. These statements appear contradictory un1ess an increase in waste tonnage were to occur. On January 12, 1999 the Board approved a reduction of the C & D rate from $30 to $20 per ton to be effective February 1, 1999. Staffand CDM documentation in suppon of the rate reduction showed a cost range of$IS.47 to $16.94 per ton, 25 to SO years of landfill capacity, a crew of three employees (presumably for sorting) calcuJated on 100 tons per day (TPD) orc & D received. Neither cost analysis includes debt service or land cost nor does either discuss quantities to be recovered from the C & D waste stream. Different assumptions were used by CDM and Division staffwith respect to landfill capacity depletion and the number of employees needed fOT sorting (half versus full time). Research We reviewed the following dOCUIDtmtS; minutes of the February 9, 1999 Board meeting, documents provided by Mr. Cordeiro and his staB: county landfill operations, and county landfill permit files, spoke with Mr. Kreiser and Mr. McNamara, and with Mr. Joe Lurix of the Florida Department of Environmental Protection and researched information from other C & D operations in developing our evaluation of the county C & D cost of operations, recovery rates and capacity depletion. 1 Ha,.... Ú3 99 lO:06a -'imoth::1 Hunt '-'" 5 -798 -6378 ....., p.S Oarifi~ation of Terminology We noted the llse of several terms or definitions throughout discussions of the C & D topic at the Board meeting and in staff documents that could be confusing or misleading ifnot understood or used in the proper context. Therefore, the fonowing are provided for a better understanding of the issues. · Construction & Demolition Debris: includes steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, lumber, rocks, soils, tree remains and trees ftom land clearing, clean cardboard, paper, plastics, wood and metal scraps.(These are materials generated from construction or demolition projects and usually are delivered in mixed loads although segregated items are often delivered to a landfill). Recycling: is any process by which materials are coI1ect~ separated, or processed and reused or returned to use as raw materials or produçts. Recovered Materials: includes materials that have known recycling potential, can be feasibly recycled and have been diverted, or source separated or have been removed ftom the solid waste stream for sale, use or reuse. Yard Trash: means vegetative matter resulting ftom 1andscaping maintenance and land clearing operations. * * ... Analysis We will address each question separately in this section. 1. Division of Solid Wa~e recently stated that they recycled 35% ofthe C & D material received at the landfiJI in 1998. The attached Exhibits I and n (1998 Tonnage Report and 1998 C & D Recycling Report) are charts prepared by Division staff showing types and quantities ofC & D materials recovered and total materials received. disposed and recycled for] 998. Exhibit ill prepared by the Division explains their compilation ofC & D recovery efforts. It is unclear when this information was generated as it did not appear in the 1998 Grant Application. or from what source documents although Exhibit ill references scale reports and sale receipts. Note that there is a 3.789 ton difference in total tons between Exhibits II and III in reported tons reçycled. This is probably an inventory (recovered not yet recycled) recording and tracking problem which is the basis for one of our recommendations. We have used the 1120 tons referenced in Ex1nôÏt n for our calculations. Although, our scope does not include a detailed audit of these reports to verify reported quantities some observations can be made; '" There has been no C & D recycJing at the 81. Lucie County Landfill reported to FDEP for several years-including 1998 (See Grant Applications), There is no mention of allY recycling efforts at the land1ill in the Operating Permit renewal documents submitted in July 1998 and approved by FDEP in September 1998. except for yard waste, The Solid Waste Division organizational chart (Exhibit IV) in the Operating Permit renewal document does not include allY soners for recycling, * ;I< 2 Mar 03 99 10:08a 'oth~ Hunt 'w' 56 798 -8378 ......, 1".7 * As there are no historical landfill recycling reports, it can not be determined, with accuracy, bow much recovered material was in "inventory" awaiting sale or reuse thereby clouding any accurate assessment of when and how much material was recovered and reused or recycled in 1998. It has been a long standing practice of all landfill operators to set aside any incoming material felt to be of potential operational reuse such as dirt, rock, brick, concrete, utility po1es, etc., therefore recovery and reuse are usually common and ongoing practices (see Exhibit ill), Most landfills have been setting appliances aside for resale as scrap metal for decades. These are mixed with other recovered metals thus confusing how much metal has been recovered from incoming C & D material AppHanœs represent the largest component of recovered stee~ by weight, and they typically are received already segregated or are mechanically segregated by a loader and appliances are not classified as C & D material, The landfill has certain customers that bring in segregated loads of materials that would be classified as C & D which require no sorting or processing. The customers include other county depanments and utilities which bring in large quantities of soils, broken concrete and asphah, old fencing, uti1ity poles and \Wee1 stops. Private C & D recyclers typically do not receive these kinds of segregated loads, Rock, concrete and land clearing (presumably including soil) materials represents approximately 28% of the reported 35% orc &. D recovered, the majority of which does not require much, if any. sorting. The remaining 7% is wood (lumber) and construction metal which requires minimal sorting. ... '" ... . 2. The Division requested a rate reduction ftom $30.00 to $18.00 per ton in March 1998 and from $30.00 to $20.00 in January 1999. Reason& for the $2.00 per ton difference were not mentioned in any of the documents reviewed. However, the only specific reason given for recommending a reduction in the C &. D rates in March 1998 was to protect waste flow. The proposed C &. D rate of$18.00 would compare to rates charged at the Okecchobee landfill for C &. D material where no sorting occurs. The Gtatewide average rate for C & D disposal at county landfills was $31.35 per ton in FY 97-98. Of the 57 county landfills that accepted C & D only 9 charge less than $20 (average ofS14.99 per ton) and 13 charge between $20 & $29 per ton (average of $22. 98 per ton). County JandfiDs typiçaBy do not want C & D material and set their rates to discourage its receipt. The Solid Waste Authority of Palm Beach County (SWA) calculates 8 rate of $20.67 per landfilled ton orc & D material. However, the SW A receives much larger quantities ofC & D material and disposes of it in a lined class 1lIlandfill When the SW A was processing C &, D material their costs per ton were as fonows: 1994 49,905 tons $27.67 per ton 1995 22,055 tons $34.87 per ton 3 Mar 03 99 10:08a Findings 1'Ioth::1 Hunt ~ 5f' 798-6378 .....,¡ 10·8 If the one week: tonnage received in February 1999 (approximately 150 tons per day) were annualized at $20.00 per ton it would generate an increase in revenue of approximately $475.000 offsetting about 50% of the lost revenue associated with the March 1998 rate reduction fOT Class I and yard waste. This revenue gain is the opposite of what was anticipated in the staff memo of March 1998. 1. Based upon research of scale tickets by county landfill staff it appears that they probably recovered approximately 35 % of materials classified as C & D. However, it is difficult to determine, without extensive time and resources, how much of the recovered material the Division actually recycled :&om the C & D waste stream in 1998. Some differences between the lBndfiIl and private recyclers C & D reçovery operations are as fonows: ... The majority, byweigbt, ofC &, D material recovered by the Division is deHvered already source separated requiring little additional processing. Division records (Exhibit II) show this source separated material probably amounts to about 28% of the reported materia1 recovered (roçk, ooncrete, dirt ftom land clearing and soil). With no sta1f dedicated to sorting incoming mixed C & 0 loads only targeted "cherry" picking could be accomplished probably concentrated on lumber and constmction metals wmœ rq>resented the remaining 1% of recovered C & D material This is where the private recycler puts the greatest effort and accounts for most labor expense. Due to the quantity of segregated C & D the landfill receives, any directed sorting of mixed loads wouJd only increase the potential recovery rate from the total C & D waste stream. Increased sorting will have an increase in operational costs but will reduce landfill air space consumed. ... ... " k. The Division during 1998 apparently recovered fiom an average of 100 tons per day of C & D materia), approximately 35% without additional cost. Three sorters were added onJy during the 9 day period when rates were set at $20 per ton for C & D material. These additional staff(3) were accounted for in cakulations prepared by the Division and by CDM, at an annual cost of$100,OOO and $50,000 respectively. Our calculations of the cost for recovery and disposal ofC & D material at the County landfill is presented in Exhibit V a., Co~arison of Tip Fee Calculations. Assuming the 7,5% allocation of operating expenses, recognizing some double coun1ing of personnel in cross utilization of work assignments and using FDEP requirements fur 5 years of funding for long term oare and maintenance we calculate a rate of$16.33 per ton at 100 TPD and $11.40 per ton at 150 TPD. We do not feel comfortable with the expense allocation of1.5% as it 4 Mar 03 99 10:09a -·moth~ Hunt ~ 5f' 798-6378 'WI p.s does not appear to be tied to a measurable index. Therefore, as an example we chose to use 1998 C & D tons as a percentage of gross tons received to establish a measurable index and recalcu1ate project costs. This results in approximately a 12_8% anocation instead of7.5%. The comparison is presented in Exhibit Vb. and is summarized as follows: 100 TPD @ 7.5% = $16.33 per ton: @ 12.8%:::: $21.44 per ton 150 TPD @ 7.5%:::: $11.40 per ton @ 12.80/0 "" $14.80 perton As shown above, the impact of a change in the allocation formula can be substantial and combined with potential variability in tonnage could create a significant difference between expected and realized revenues. However, our approach may not be the most appropriate for St. Lucie county. It is presented as an exa1t1ple only. There are several reasons why the county should be abJe to charge less fur C &. D processing and disposal than a private recycler that has no on site disposal capacity and these are: ... The land6J1 has complete infrastructure and personnel to support a variety of activities which allows for effective cross utilization of staff and equipment. A private C & D recycler is fully concentrated on one activity and has minima] cross utilization potemial. The county landfill docs not have the transfer expense for 50-60% of residue that must be hauled away fOT" disposal by private recyclers The $18 per ton disposal charge at the private landfill includes no processing and presumably includes overhead fur taxes and profit. The county does not pay taxes nor is it a for profit entity. As previously mentioned most public landfills do Dot want C & D material and price it accordingly with. the average being $31.35 per ton. More competitive C & D disposal rates have been identified as low as $9 per ton with a reasonable range at about $15 - $20 per ton. * * *' 3. In a January 9, 1998 letter to Mr. Cordeiro, CDM included tables ftom their FY97 Annual Fmancia1 update on the county landfill Table 3 projeås tonnage of Class I and C &D material for 1998 1Ìom Port St. Lucie and the unincorporated area are 40,380 tons or about 129 tons per day_ Table 5 indudes calculations of C &. D landfill capacity utilization using the tonnage trom Table 3 noted above. Using CDM's calculation at 129 TPD the C &. D 1andfiD. capacity would be exhausted by 2024. C &. D landfill depletion is calculated using CDM's recommended density of 1400 lbs per cubic yard and assuming no reçovery ofC & D material the ca]culations are presented in (Exhibits VI a and b); and summarized as fonows: 100 TPD air space depleted by 2030 150 TPD air space depleted by 2022 Obviously, the fewer tons of material that go into the landfiD. the longer the capacity will be available. An aggressive C & D recovery and recycling program would therefore extend the life oftbe C & D landfill. 5 H a r 0'3 99 1 0: lOa - . moth::! Hunt ~ sr 798-6378 .....,¡ c>. 10 Rttommendations Based upon our third party review of St. Lucie County's C & D recovery and disposal costs we developed some recommendations that we hope will be of assistance. L The County should adopt an operating expense allocation calculated on a knOYtl1 base such as tonnage that measurably reflects 8 realistic spread of expenses to internal operations. A similar approach should be taken for any escrow accounts. 2. The County should determine what are to be, if any, the recycling goals at the county landfill by waste type. If adopted these goals would become an element of Ihe countywide program 3. Once recycHng goals are determined develop a landfill recycling operating plan which should be very specific with respect to recording, tracking and reporting all materials received, recovered and stockpiled, used, or sold at the JandfiU. Close track of value or revenue for all recycled material is important includmg landfill capacity saved. 4. As part of estab1ishing the recording, tracking and reporting system all inventoried materials mnst be measured and quantified and a method of inventory tracking should be clearly established. 5. If mixed load C & D materials recovery is to be an operating goal of the landfill evaluate the alternatives available to maximize operational productivity (lbs. recovered per sorting employee per work day~ Re<:overy of this material should be tracked separately from incoming segregated loads. 6. For pwposes of understanding and tracking comparative costs for recovery of C & D material the county should consider tracking both segregated loads versus mixed loads. The county may wish to utilize tipping rees as a means of promoting ÏDçreased source separation and reduced processing costs. Other counties have created unique methods of encouraging private recycling while protecting their revenue stream. Examples include a rate for recycling process residue at a competitive disposal cost, another for pure source separated material and a high rate for mixed matcrial that requires sorting. 6 Mar 03 99 10:10a imoth::¡ Hunt '-' 'E"'-tI-798 -6378 p. 11 Exhibit I Sl Lucie County Calendar Year 1998 Tonnage Report St. Lucie County Landfill January 1,1998· December 31,1998 T on8 Landfilled Ton. Recycled Total Tons Clas. I MSW 109,231 0 109.231 Yard Waste 0 27,763 27,763 (Includes land cle.rlng debris) C&D 13.140 7,120 20,260 White Goods 0 136 136 Tires 580 0 580 (Other) 0 0 0 TOTAL 122,961 35,019 157.970 Remaining capacity (in cubic yards) of the Glades Cut-Off Road Landfill 11.560.920 Number of years of permitted capacity remaining 25 Revised February 3. 1999 H:\WlN\VVP\Tipping Fees\tonscalndrwpd Mar 03 99 10:12a moth~ Hunt ~ sr 798-8378 '-' O. 12 Exhibit n ST. LUCIE COUNTY LANDFILL MATERIALS RECYCLED OUT OF C & D 1~'Im' . '. - ~'Î!'''';'''I1'''''=*'\<'i<Y;''-;;wW';;~;''~ .,-:;';;,'.,:,-;c.,,, ,0 'S-~ v«' ""/' Ý;<1;~;;;:¡;'~' -..:¿' '.. ,~.¡-"y:i:..,,,-. "~", =v., , ' .. ""'7'C'f'=ifr-~9="""~- 11- "'ial ¡ &»;~~n !~vtF3&,'r~f1:)~~~~~f... ç. ::~,.~! ~":: ~ r ' f~ \1 x ;: -: .; Y¡ ~.>.;¡.. .~~~ ~ ;: ;~ ::....~ ~ 1..8 :1 ~ ~" ;: ~~! ~~ lf5:i3">~~~~~~~1;}{~":t';~;;) no/ _ ~X-_:.,.-.( ~:"'_ --=-..;' :.s_~"\"::.:' ."/.>~..,«,(';).J.,>J',,\.~?~,,,~~,.,,;j;'/^'M"")"'::." .V'.,µ'".....'J"'.....-)..hlOV~..:.........:::.::~_".__:...~.__~_::..-.:.....:_~J~'-___.:::-...:~... _____ MONTH Wood Recv'd % Recycled 87 234 83 262 73 259 91 278 98 276 104 265 103 294 107 277 102 251 79 238 99 H:\WIMWP\MISC\CDrecycl.wpd Mar 03 99 10:15a 1'1oth~ Hunt \w' 5 r:......,¡ 9 8 - 637 8 p.13 Exhibit ill The tons of recycted C&D materials is derived from the daily/monthly reports of the Foreman III and scale house tickets. The daily/monthly reports. in the column titled "other" reflect loads (20 cubic yards each) of material which are converted to tons by using Caterpllar, Inc. assumed weights per cubic yard. . top soil rock, concrete, asphalt 2600 Ibs. per cubic yard 2500 Ibs. per cubic yard Metals delivered to the Landfill (pages 1-4) are· on a scale house report of 1998 and reflects that 136 tons crossed the Inbound scale. Records from the S1. Lucie County Finance Department show that 270 tons of metals were sold. The 134 ton difference in inbound scrap metal and 270 tons sold reflects the tonnage of metals extracted from construction and demolition debris. The remainder is either stock piled (approximately 250 tons) or was used to make litter fences. gates or safety rails, or used as culverts (9.75 tons). Wood (1110 tons) recycled from the Landfill (page 5) is wood removed from land clearing debris or pos1s used for litter fences and placed with yard waste and mulched. This weight is an estimated weight. The material is then used a9 a fuel for boilers. The Landfill removed 247 yards (308 tons) of rock (bricks. broken concrete) from C&D material at the C&D cell and used it as road base. Also, not listed on the daily/monthly report or the -materials recycled- list is the canaete recycled in an outfall structure and as barriers at the waste tire location (page 7). Asphalt, concrete, and rock that the Road & Bridge Division brings to the Landfill for disposal as C&D waste is ticketed as fill because the Landfill uses this material for certain projects such as road construction (page 10). Therefore. this material althou'gh recycled does not appear on the daily/monthly foreman's report. All 222 scale house tickets for asphalt. rock. and concrete material diverted from the C&D œB and recycled as road bases are provided. All 222 (3140 tonl) loads of this material were placed on Phase II of the Landfill and used as needed when the working face moved and roads needed to be constructed. All of this material has been used and none stock plied. The 224 loads of top soil used for final cover in 1998 (5632 tons) at the St. Lucie County LandfiU is made from removing rocks, limbs and wood wastes from land clearing material that would otherwise have gone into the C&D cell. This dirt (page 11) is mixed with fines from yard waste and turned periodically until it is ready for use. All of the material used in 1998 was mixed in 1996. In addition to the above materials being recycled the landfill also used 400 yards (540 tons) of broken asphalt from the destruction of a road as a product for road bases. The total tonnage of C&D material recycled in 1998 was 10,909 tons. Note: Reference pages are photographs ....."^,."I\\"IØ\~...._:_ r=_a..'I"\f"'\......,........... u~ Mar 03 99 lO:17a 'moth:;t Hunt ~ sr 798-6378 ~ ro·14 - .'!~. Exhibit IV .. Public Works Dlrecto r Solid Waste Manager Senior Aœounling OffICe Assistant CI erk III Budget & Revenue Coordinator r Maintenance Solid Waste Worker I Superintendent I .- -. Foreman III Maittenanœ Oflce Assistant I Supervisor I Compiance (3) Hea~ Landf~1 Lead Tech ni<:ia n Eqtipinent Scale Operabr Medlanic . (9) Heavy Eqliprnent (2) Scale Operator U Operator (2) Heavy Eqlipment Operat!l I Vegetation ControßerlMailtenanœ Worker ¡ St Lucie County I nspeàalSpotter Public Works Department Solid Waste Division FIScal Year 1998-1999 I" n I" " Mar 03 SS 10: 18a moth::! Hunt "-" 5~7S8-6378 10·15 Exhibit V a COMPARI'ON OF CID TIP ,... CALCULA TIONS ST. LVœ COUNTY øe.GRPTION ITMI' GDM T. HUNT T. HUNT caD CILL CAPAOIrY R4NMlnlng caD Celt c.pIIdtJ (CY) 2,ü3,582 2.413,582 Z....3_ Z,40:l,ØDZ In-PIIGe CvmpM1M OtntMy (Ib ,., cy) iaOO 1300 1300 1300 Air SpKt A"'" 1ft CIO eel 1."4.328 1.8'4,)25 t .81.,321 1.814.328 E.llmeted Cj,D Lldl ActIve lite ev.'fI) 50 2$ U 2.3 FINANCIAL CALCULATIONI Atau",pfIoM Deny D...... of c&O Metlrtll~) 100 101) 100 15D No. of 0...11118 Oeyt per V..r 113 :U~ )13 3i! ~stl,..1ed Artftuel ClaD TonMge (tona) 31.300 S 1 ,30D 11,100 .8.1150 Ckleure c:._ eatllllated CaD LandIII Cbau,. eosts S 1.715.200 S 1.715,2(10 S 1.11UOO $ 1,715,200 Annual EIe.. R........ for Clotur. $ 34,J04 S .,.,108 · ~,ooo · '4,57" Coel "' TOft tDr CIM... I 1.10 $ UI $ 1.TI S t.1I LotIg Ter. c..... MeI...... C,* EetJ"'... tor 0. v., of LOnt TIfIII Care S ~.2" $ 50,2" S IO.DI $ 50.281 Ho, of VI.,. fw Long rem en 30 ~ 6 5 Taltl Cot1 for LA", Term C.,. S 1.508,580 S 1,508,IID I 251,iUØ S 251,430 EttlMlted caD LIIn. ur. SO 2S U 23 CoM pw T.., ..... Lene Tenn c.n. · .... t UJ · '.IS · 0.21 M"uI LaHr CoatI No. of ErnIIIovtM 3 3 3 3 Nt. of Dall, HaUf'l . .. . 5 No. of 0PMtInI ~ 313 313 31a 313 Annu.J L..bor CoII8 · too,ooo · 50.000 · '00.000 $ 100.000 Colt p.r How pet EMpIoyM $ 13.31 S tU1 $ 1U1 C 13,31 COlt ..., T.. fir ......r S a.1' , 1.ID , 1.1t f 2.13 AM.,III !4u1p1Mflt CoIIIII eaWNlld Annuli......... Colli S 12:i.ooo S 125,000 $ 125,000 S 12'.000 COlt per TI" ..r _...... · U. s a.. S 3.1t S 2." OUter AMItIIrr cao OIH bpi.. ~nnuellen4tlll TotII....... S 2,lt7,880 S Ul7.eøo , 2..7,1110 , 2."7,810 caD EItImIIICI AIocIIoIt t:A bpen... 7,ß 7.5~ 1.0% 1.1~ An~1 M~ caD c.II EJlPMUI S 2:M .82& S 224." S a... · 224_ Coal ...' Tn tor.... ......, .....Mea S t." a 7.11 · 1.11 · &.71 TOTAl.IITIIATlD COlT I'I!It TON Colt ... Ten '" eM" , 1.10 · J.1' · 1.7'1 · 1." Colt ,., TN .., LoeI 'Ierm C.... a s '.0 · U, S on COlt 1M' Ten fir LIMr · U. · 1.tO I Jot. I Z.fI Coat pet Ten fw "'IJIIIIIIfII a a.lt I u. $ 111 · UI Cui PI' T8ft fir CMIIer AnaIII-r I.....,... I '.11 S r.1' S 7,1. -C ..11 TOTAL~A"D COlT PIR TON , 11.47 I ,.... f ,,,'S tUG CltJ ðlll/rl. ,.,.,.,../ytÞ .... Tf" . MIOGIATEI I12I11f .. Har 03 99 10: 18a moth~ Hunt "-' 5,,-,798-6378 p. 1 G Exhibit V b COMPA_ON OF CI.D TIP Fee CAL CULA nONS ST. LUCIE COUNTY DUC...noN IT"FF CDM T. HUNT T. HUNT C&D CELL CAPACITY RemaIning c&D Cell Capedty (OY) 2,48"812 2....3."2 2,.'U'2 2,4Þ,5*2 In.Plaçt Com'" DenIII1 (Ib per CY) 1300 ,tOo ,_ 1300 Air Sp.~ AVll1IbIt '" ClD ell , ,814,32. '.1114,3211 1,014,. 1,114,328 EIUmBfed caD LIIIdIIII ACIve life ('foe'.) 50 25 32 23 flNANGlAL GALCULA110N' AalUMpUOM Dally 0...... of caD ......... (tpd) 100 100 '00 150 No. of ep.,.tJng 0a)'I per V.., 313 313 313 311 e.1lm8t1Cl AMU81 ClD TOMIII (lOne) 3'~00 J1.300 3' ,300 46.* eaoau... c.* EltlmaW cao UftdIj CIoIu,. Coats S 1,115,200 S 1.1tUOO S 1.715.200 $ 1.115.ZOO Annu8l1!Krow ftequn..... tor Qoturv $ ~.3IM I ee,_ I 53_ S 74,574 c.., per 10n far Gr..... I 1.10 I 1.11 · 1.11 . 1.1' Lv", rwm 0.... .mI1hfn..n.... e.... Ettim.~ fOr OM V.. at L.... Term c.. S 50.288 S 60,218 · 5O,al I 5D,2111 No. of V... for Long 'MIl cer. 30 ~ I 5 Total eo.t tor Laaa Tmn CIa.. $ ''-- s '.soa.5I0 S 211,450 . 251,43C! 1!.~11Id caD LandIII UIe eo Z!I 32 ~ C.., Ie' Tefl ... L... T.,. c... S OM S 1.13 I 0.11 I 0.23 Anl'l"8I La..,. C.... ND. of Em"'" 3 3 3 3 No. of Oaiit' H.",. s .. 8 8 No. of Optrltllll DavI 3'¡ 313 itS 313 AMuallItIor CMII , 100,000 S DO,oOO $ 100,000 S , 00,000 Cost per Hour per e,...,... $ 13.31 S 13.31 S 13.31 $ 13.31 COlt per Tn fir Labar · S.'I S U. S :ut S Z.1J Annu.I!..... Ow.. !:1ImIttCI AnnUlI EQUIpment Coati S 125.000 , 125.000 · 125.000 S 125,000 c... ..... ,.. ,., .........'" · ut · ,... · a.. I 2." OtHr AtI&HI"'V caD cell".__ Ann"" L.IndU TaIaI ExpenIM S 2,117,580 S 2,117,_ · 2,817,180 S 2,.1,810 C60 Eatlm.... Mocllllon of I!JqMnlfi 7.5" 7 .:I~ 11.1,. 12.'" Ànnual ,...." CAD CtIII bpen&u S !2Uza S 224.128 $ 3M,.n S 3M.~58 c... ,... T.. far 0Ih. AHIII.., i.pen... $ 7.1' S 7.1' I 12.11 S '.1. TOTAL UTlMATIO COlT PI" TON Colt ,., TM for CIoI.". $ 1.1D S 1.1. · t.71 $ 1.. e... per Ten for ...... Term C.re S $ 1,13 I 0.2. . o.D Coat par 'M for LùoI · 3.18 · 1. S 3.1' S Io'S CHI per ,... fw .....1Mft1 , U. S U. S UI $ 1. CHI per ToII_ 0IMr And"'" expe..... I 7.1' , 7.1' · 12.2. S ... TOTAL 111'IMATI!D COlT ,ell TON I '1.47 · , .... · 11..... . ,.... 04D o.IIIIe Il~...,., '''' I'M TPH I AIIOCIATO IIØM · Mar Ò3 99 10:19a 'moth~ Hunt '-' 5~798-6378 p.l? Exhibit VI a CAI.CULA TION rw 060 c::..... LIFt! SJtp.CfANCY ST. LfJCII COUNTY A ...m. 0.""""''' ,PO af: '10 tpd AInmpIIonI; DeMKw 1.111 ,oundMv FY1. 0lIl,", '1_ pouncIMy m. DHeItW 1,115 pollNlalcy Pl1Itr DHIItr 1.400 IIOUncIeIcy n,..apubR CIpMIty 2.121,704 ay WAWTE DlIPðUD <*J L.ANDFLL VOW- FllCAL ~ caD IIEOINNING f1I 'lIAR IØIO 0" YEAR YEAR ~JìB VOL1f, FIllED RI!IUINM PLLID ~!III ,. ' ,546 285.002 617 i20 MU4I ,. S2~f8 42,'22 S41.$4t 2.H2,1. _870 2__ 1007 37.112 58,452 3Ia.a1O 2.5.0~ 445.122 2." 1_ -:: 51.M4 445.122 2.413.. 502,1O? tr~ ,. t1 44.714 502.&01 2/l2li,881 S47,S21 " 2000 auto 48.086 141.52' t,181 ,183 RU07 2.J1S,0I7 200' 33.'. 47,427 !SI3,807 20335.017 MUM 2,211.110 zooa 34.'31 "8.787 14 '.034 2,281,810 ..101 2,DI.1D3 2003 35,07ti 10.108 ....101 2,231,103 T3t.taT 2.,"'787 ZOO4 38,013 5',447 7._ 2,''''''7 7t1,U4 2.'S"" 2005 38,151 52.7"7 781 ,3Ii4 2.137.350 144,'41 2.08UI3 200Ø 31.112' 55,Q31 844,141 2,086_ ..172 2.02B.U2 2007 40.148 S1.354 ...., 72 2,C121.U2 1:10._ U7l.118 ZOOI 41_ 51.m -- '.812.171 1.01.... ',"2.42'1 aoof 43.573 82.247 1,018,ZB3 , ,812.42' ',07',i2D ''-.1T5 2010 ~.37B 64,823 t ,07l.m 1,1SO.176 1.'1.a.352 '.185.352 2011 .." '015 87.283 1.143._ 1.115,3152 1.210_ ',718.G5I 2012 ....U1 61.81&6 U,O.IMI 1.'1'11._ 1,2.10.- 1....1.4 lO13 10.735 72.478 , ,280.- 1.841.214 '.-- U7l.~ 2014 02_ 75.188 , .352.... 1,m.?3I 1.4M.111 ',100,131 20111 84._ 71.008 ''''21.111 Uoo.117 UOl.1T~ ',.22,530 2018 sa.- 80.711 '..11. "'22.5.'tD 1,_.. I.5oCU1t 2017 58.". 83.'98 ,__ 1.s41J1. 1.170'* 1.2t11.S21 2011 eo.458 M._ ',170._ 1,251,321 1,1B8.1G2 1.171.812 2019 12_ 111.321 ',7&1,712 1.17' ,1152 ,-,0'" 1,G12.- 2020 14_ u:I,376 ,......011 1.oeU25 1.131,4. *,24 2021 14M3 D:l.311 1.831'- 110,241 a.OIO.UZ 817 1m. 2022 0._ 111.31' 2,03O,13Z UT.172 2.1" 105,41& 20U 84.- eu.,. 2.tD,ø 805,". 2.215.516 11J,'" .. 84,.S 82.3Tt 2.115._ 71$.i11 2.t07 .111 82!D,?43 2025 Bua 92,318 2.307"'1 120.143 2,AOO,338 521,. 102e 114.183 82.3'" 2".331 -. 2._.1'" 4",. 2027 M.W 12037. 2,412.714 415- U...oeo 343.". .. M.Ø3 12031. 2,M1,C1O "3.814 2.177.411 2I1,2J1 202t "'.- 12.371 2.l771A1 251.231 2.78t_ 151."' 2030 N,G83 OU1G 2, TIlt"" '51,811 2,182.220 11.* 2031 M,IIIS 92,318 2.eez.220 "414 2.8I4.&M .ø.m 2032 ".813 92.370 2,IM. .m,- 3.0.....72 .111,_ 2033 14....... 02.318 3.046.812 .111_ 3.1..act -210....5 2œ4 14,_ 82.37& 3.131.3"8 -210.845 s,231.125 ·303,G21 2œ5 &4,863 92,31B 3.231.725 ·303,02' 3.324.102 .3M_ CID CWdt..........,ftIID ~ ",.". TFK.AI~1E' 11M. Mar 03 99 10:2la moth~ Hunt ~ 5' .798 -6378 '-' p.18 Exhibit VI b CAI.CIlLATION OF C'O cat L'" eXI'eCTANCY IT. LUCIe COUNTY A.... 0.""""" rPD of: 150 tpd -........: DIlle", 1.'.' ,ouftdWcv PV .as ---- t.tQ pounclllOJ flY,,, DlMIIr ',aM ,"ndIIcr FT'.' ... 1AO pou~ ,., .... a FuturI CIpIIoItJ a.-To. cy WAIm! DISPORD CAD LANDFILL VOUIMI 1II,eM. Ç&D caD "GINNINOOfI VUlt .... OF YIAIt Y5AR TONNMI VOlUllle FlUID REMAINING FLIJI) .II"~ ,. 31.. ".541 215.002 087.220 MI.- 2'-.1S '8M 32,47e 42,122 3IIe,IMa 2,1182,1111 HU7CI 2.MO,OM 11117 37.812 se.4S2 "'70 2,540,034 445.122 2.483_ I. m 01J~ E ~= aoa;i 2.= ,. Ð. 7 .- 2. 2COO 41,31ì1 W.1W !IIIII,II7I z.~ "M7 2,-"'1 z001 ....180 71."'" ",007 U."1 7'10.'. 2Z1'- 2OD2 SUDS 73,150 710. t'" 2,21''- -- Z.~5._ 2003 82.1112 1!I,11O 713_ 2. '~5,4011 .... 2.~ zooc 54._ n,171 ~. 2.070,M ... 1,811.Ø71 2005 55.. 78.110 _.sa 1.813.071 1.014'" 1.1'UIG I0OI 57.712 82.!W& 1.014,8C1O 1.D13.. .-- t,lS1~ 2001 80,221 1t,D30 1,0I7,3S5 1.131,341 '.113'- , ,7d,31' 2008 12,141 ..... 1.'13'- 1.74U1' 1.173'" ,-.. 2001 811'- 13,3'fO 1,273,021 ,,-.1113 1"''-' ',MUIS 20'0 ea.* 81,254 '.....' 1,51Z,313 1.._ 1,-.071 2011 70_ 100.t40 tM3_ ',48I,m '.... ,....,. 2012 73.337 10.,717 ,..... ',314,'. '."- ''-.312 201~ 78.102 101.?'7 '._ 1~SU12 '.771,041 1.180.855 2014 18.158 112,7t7 l.m.ocl 1,150,155 UIOJ4T 1pS7,tIi1 2015 I' ,_ 117 .crl1 1,18U4" 1.037.157 2__ 120..... 201. ",T" 121,OU 2.QOT ... tJO.t4f 2.1.... 711,780 2011 e7 .872 121,245 2.121.- 111.110 UM,in 11.4,133 201. to.. 1at'-' 2.254.171 174.5S3 UU,7J4 SoM.tIO 201' 83._ 133.' 1.313.124 044,110 2,517 .ne 4.'" !aaO N._ 1~ 2,517.711 "10.... 2.B.2IO 272_ 2021 ... 131,&11 2"',210 272.G4 2,1IM'" tD,IU 2022 91.- t38.585 2.7V4,14i ,"_ 2.ID,4tO ~;IOI 2D23 111.995 131.585 2.833.411) ... .101 3,Q1'...,4 ·,ü.270 2024 11.815 138.M5 3.on,I,04 "43,270 3,210.- -28'. 11125 11.815 138M! 3,210.. -HU" a_,103 -4...' 2021 OUtS 131.- 3,340,103 -420.. 3.411'- .....114 2027 ... '..5 3.-417.- ..... 3.Ge.UZ -01'. 2028 18.185 '38.se5 3.821.232 -11',521 3.18'.117 -ø.0IS aoa -. 13Uð! U66.7t7 -MI.ot3 1.803.182 -I14,W 2030 81.... 1..5e~ uaU02 "74.He 4,041. ·1.'~J2Z ~1 ..teI 138,$1$ ~.041..2t -1,113,222 ~,1~1 -1,26t.7I7 2032 -... t3l,165 4.110,48' -',25'.117 ",,311. .1,110.311 2033 -. 131.565 ~.st'.œG -1_,351 ....,. -1,52"'16 2034 -. ,3t.5M ..4" ,GO ·1."'6 ...... '15 -1.'.48' 203$ IIU85 13Ull5 ~.1ti -1."1,~1 4,134.741 -1,801,o.s C¿þ IWoIIt &llMelH.1II' M) ~ UI/ItI TFH I AlllDCMTES "'" '-'" AGENDA REQUEST ~ ITEM NO. 78 DATE: March 9,1999 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): eNGI"'EERING PIVlSIQN 4115 REGULAR [x] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: ('~~~t~~ County Engineer ~UBJECT: Taylor CreeklC-25 Dredging Project BACKGROUND: On March 2, 1999, the SOCC directed staff to proceed with an environmental resource permit (ERP) application through FDEP for the Taylor Creek Dredging Project. Currently we are negotiating with BCI Engineers & Scientists, Inc., through Williams, Hatfield & Stoner Engineering Consultants, to prepare an engineering contract for the necessary plans and surveys to implement the work. All of the agencies contributing grant funds to the project need to review and approve the engineering contract for scope and cost, prior to the County moving forward with execution of the contract. This will include approvals from SFWMD, SJRWMDINEP, and FIND. At this point in time, funding for the project is proposed to be established through the following agencies in the listed amounts: "*$300,000 $500,000 $200,000 $350,000 J350.oo0 $1,700,000 St. Lucie County State Funding through SFWMD SJRWMDlNational Estuary Program Indian River Lagoon Project Fund (state legislature appropriation) FIND requested through SFWMD Total Project Budget ·Currently, funds are available in the amount of $250,000. Additional funds will need to be budgeted next fiscal year. I would anticipate about 18-24 months for preparation d engineering plans permit applications and land acquisition for upland spoil sites. We have yet to work out the details eX who would pay for which portion of the project. The first step will be to formulate a very detailed scope of work and schedule, then discuss the project with each respective agency. The attached engineering proposal from BCI Engineers & Scientists, Inc., is for preparation of the FIND grant application in the amount of $11,000.00. .. ~ù-úö-~~ lL;l~ WILLIAMS HATFIELD STONER PSL. 10=407 3350301 '-7(~) P.03 '-" '-tI TAYLOR CREEK: FLORIDA INLAA'"D NA VIGA TION DISTRICT APPLICAíflON SUBMITTAL SCOPE Th)~~~~ EXHIBIT A Task No.1 Pre-Application Meeting: Attend a Pre-Application Meeting with FIND and South Florida Water Management district (SFWMD) Task No.2 FIND Application: Address each of the requirements for a complete appHcation. Provide .the required number of Contamination Ass~ssmel1t Reports and other docuh1ents required·for the application. BCI to çreate application. WHS will provide the Quality Ass\¥,ance/Quality Control for the application, prior to its' submittal. The application fee is expected to be provided by SFWMD. SFWMD will sign the application. Task No.3 FIND Meeting Presentation: Mee(ing with and presentation of application to FIND. . Taylor Creek: do¡,\wtsI3599 Williams, Hatfield & Stoner, Inc. l, 03....08-88 12:15 WILLIAMS 'TFIELD STONER PSL. ~ I D=407 150301 '....I P.04 TAYLOR CREEK: FLORIDA INLAND NAVIGATION DISTRICT Af,PLICArrION SUBMITTAL COST /) f'~ ~ \\)~~~ EXIDUTT 8 TASK NO. DESCRIPTION COST I , Pre-Application Meeting with FIND and SFWMD $ 2,400 2 FIND Application $ 4,900 3 FIND Meeting Presentation $ 2,700 Subtotal $10,000 4 Miscellaneous Expenses (Travel, Reproduction, etc.) $ 1,000 Total Not To EXce¢d (NTE) Cost $11,000 Taylor Creek: donwcst3599 Williams, ~atfietq & Stoner, Inc. 03...08-88 12: 16 WILLIAMS u~TFIELO STONER PSL. 10=407 '350301 P.05 \, '-' ~ TAYLOR CREEK: F:LO~A INLAND NAVIGATION DISTRICT APPLICATION SUBMITTAL EXHIlUT C (. ~ ~~~~ . , , SCHEDULE TASK NO. DESCRIPTION DUE DATE 1 Pre-Application Meeting \\ith 'FIND and SFWMD . March 12, 1999 2 FIND Application March 24, 1999 3 FIND Meeting Presentation April!, 1999 Taylor Creek: donwest3599 Williams, Hatfield & Stoner; Inc. 'y Taylor CreeklC-25 Dredging '-' Page 2 March 9, 1999 . ...." To keep the project moving forward, staff is proposing that we prepare an application for grant funding to FIND before the April 1 , 1999 deadline. This application will be submitted by SFWMD on behalf of St. Lucie County. SFWMD has requeeted that we assist in preparation of the grant application. FUNDS AVAIL~: 140-9910-59930Q..800; funds will be made available in 140-4315-599330-4657 P~EVIOUS ACTION: RECOMMI;NDA TION: Engineering staff recommends approval of the attached Work Authorization No. 11 with Williams, Hatfield & Stoner Engineering Consultants/BCI Engineers & Scientists, Inc., in the amount of $11,000.00 for the Taylor Creek Dredging Project, and execution by the Chairman. COMMISSION ACTION: (if APPROVED [ J DENIED [ ] OTHER: E: ..r--~ =---- Anderson Administrator -- ~", (x}Originating Dert. Public Works ~¿v.-/ CoordJnatIanfSlQl)llt.res [x]Mtt &~ _ ¡P",\\,ì\~ [x)Co. EnQ(' ~~ [ )Purèhasinq I ]ather [ ]Finance (check for copy only, if applicable) tayc25g. wpd " .. '-' ...., AGENDA lUI:OUJ:ST 8 ITEM NO. DATE:-March 9, 1999 CONSENT REGULAR X] PUBLIC HEARING SUBMITTED BY: BOARD OF COUNTY COMMISSIONERS Communi tv Development/Tourism Division ENTE~ :~::PLcfZ¿ NITY DEV. DIRECTOR SUBJECT: BACKGROUND: S.L.C. Billboards on Glades Road Landfill On October 22, 1996, the Board approved a lease agreement with POA Acquisition, now known as Eller Media to build seven (7) billboards on the Glades Road Landfill. The contract states that two (2) of these boards will belong to St. Lucie County and the other five (5) to Eller. In addition to these two (2) boards, the County also receives $70,000 rental fees and $50,000 in advertising credits each year for the next ten (10) years with two five (5) year renewal options. The advertising credit dollars enable the County t~place visitor type messages throughout Florida on any of Eller's availåble boards until sold. When a board is sold, the County's portable vinyl message will be moved to another location. The two (2) County owned billboards at the landfill are 10'6" x 36' with double side faces that are illuminated from dusk to midnight. One is located adjacent to I-95 and the other is located on the Turnpike. The Board has previously approved a not-for-profit landfill billboard program to assist local organizations in the promotion of an upcoming event that will attract out of county visito~ apd generate additional room nights. When the two boards at the landfill are not being-utilized to promote an event, Staff would like to request approval to use three (3) faces with the following examples of generic type of visitor messages: - Fishing opportunities - Golfing in St. Lucie County - Family vacationing on the beach - Horseback riding on the beach - Boating Eco tourism type messages, i.e., A canoe going down the St. Lucie River Birding These messages would be changed periodically to keep the interest of the driving public. '" .,."",,- '-' .~ S.L.C. Billboards on Glades Road Landfill - R-8 March 9, 1999 Page 2 Staff would also like to request using the remaining fourth (4th) face on the Turnpike to promote economic development. The proposed sample of art work is attached. Plans are to place various logos around the outer edge of the main messagë that would showcase some of the County's local industries. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDA!¡ON: Staff recommends the Board's approval to utilize the Glades Road Landfill Billboards to promote St. Lucie County ~hen the boards are not in use promoting approved events, and requests direction on the type of visitor message preferred by the Board. COMMISSION ACTION: [t/ APPROVED DENIED [ ] OTHER: Include a reference to marine and other types of research Coordination/Signatures County Attorn8Y: ManaéemEnt & öudqe1.: -.---- p:jr('ha.-; i n'l: ..__._-------~---- Originating Dept.: Other·: Oth(~ r: -,------~------- -_.-------------------- Finance: (Check for Copy only, if appl icab18) ._---,---- >- I- Z :) .0 c:ÞU z!! -U 1-:) Z... c:Þ II -.. en", Gz -- .. .111 - o ... .c c:Þ II. .. c:Þ I- .. ., Of) . o o CO . .. o o o C) ~~ Wz >::» zo wo Ww m.. (l)CJ «::» :t:..J IIì WI- 0::(1) :)0 ~.... Z .... 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Q) .sa U') II :5 .1::: "C (/) C> c: c:~ ·-.5 co .c:'Oc: .-- (.)c:o ~...... 1i> CO·- Q) ..:oc:7Þm (/) ....- - () (/)Q)e ::J ëõ .- "C ... .c:C:2i cctX I-::::J >. co ë"'C .~ ~ iïii[ txQ. «W« I" aj -= "0 ! o to "0 ME (\) X:õ .$! -~ tOctI o ~ VI C o -¡¡:¡ c Š CJ) N- .- ..- (/)11 C:::r "'_0r-- ã) (¡j ::Jco CC~ - _.~.~~ III e: ~ ()-c: J:;~ -... J:;:::J .1: 0 ~5 "00 (\)J:; -- c-- (\)~ (/)"0 !!!(\) 0.0 (/):::J .- "0 -01Ë -: Q. 0> as!!!:::J .- 0- "O...() ()o... ::ïE"Oe: ...0>0 .!!! "õ."O -00> wOe: -(\)... o .0 .a >-_ 0> 't:o... 2i.e:0> 0-.0 ...øo 0.:::J_ () E.sa J:;.1::::"O -ae: _sa c as J:;'6e: oe:o Q) as ëñ ~1ñ(/) (/) ....- (/)O>E -- "0 ...8- J:;e: I-:-:::J -~. --_.~'-""_'. >. CD "0 ~ e CI.. CI.. « (g z - Q Z W I-- (J LL az: L W F-. LL - Q > <C o I-- I ~ ~ I Q ~ '-" .....,1 AGENDA REQUEST ITEM NO. A-1 DATE: REGULAR [] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Administration PRESENTED BY: Doug Anderson SUBJECT: Increased Funding for the New Downtown Library and Budget Resolution No. 99-68 BACKGROUND: Construction of the New Downtown Fort Pierce library is in the final phase with an anticipated opening the first week of June. It has been determined that it will be necessary to provide additional funds to cover the cost of landscaping and other items not included in the original design of the building. The staff from the City of Fort Pierce and the county have met to review plans developed by the city to address this issue. The estimated cost of upgrading the sidewalks and landscaping to conform to the surroundings of the downtown area is $45,000. Additionally staff has identified approximately $20,000 in items requiring changes to the current contract. This additional cost of up to $65,000 will be shared equally by the city and the county. FUNDS AVAILABLE: Funds will be made available in: 315-7110-599330-7952 and 316-7110-599330- 7952. See also attached Budget Resolution No. 99-68 PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board approve the increase in funding for the New Downtown Fort Pierce Library project and direct staff to move the funds from available capital reserves into the appropriate accounts. Staff further recommends the Board approve Budget Resolution No. 99-68 appropriating the anticipated additional $10,000 contribution to the project from the City of Fort Pierce and budget that amount accordingly. COMMISSION ACTION: CE: VAPPROVED [] DENIED [ ] OTHER: Coordination/Sianatures County Attorney: XX Management & Budget: XX Purchasing: Originating Dept: Public Works: XX Other: Finance: (Check for Copy only, if applicable) XX . ,__ ~_~()\ "! (') T ;h.·,,,~· "." , .,.. '-'" ......" A -I OFFICE OF COUNTY ADMINISTRATOR TO: BOARD OF COUN lONERS MEMORANDUM #99- FROM: DOUG ANDERSON, UNTY ADMINISTRATOR SUBJECT: LIBRARY COSTS DATE: MARCH 5, 1999 Based on discussions with representatives of the City of Fort Pierce, it appears that it will be necessary to issue change orders to cover the cost of landscaping and other items not included in the original design of the downtown library building. While actual total costs have not been determined, the current estimate is for an amount not to exceed $65,000, to be shared by the city and county on a 50-50 basis. While the flow of funds is complicated due to the contractual relationships involved, the bottom line is that we will need to transfer our 50% match, or $32,500, from unallocated capital reserves to the library project. Of the $65,000, the city would enter into a contract for work in an amount not to exceed $45,000, and $20,000 would be added to the cost of current county contracts The county will need to transfer $22,500 from capital reserves to the library construction account to match the city contract amount, and $10,000 for the county share of the increase in the county contract, for a total cost to the county of $32,500. The city will reimburse the county $10,000 of the additional $20,000 in expenditures added to county contracts. This funding will be added to the project budget by budget resolution. ,.. '-" ..., RESOLUTION NO. 99- 68 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the City of Fort Pierce as an increase in contributions for the purpose of constructing the new downtown Fort Pierce library. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 9th day of March, 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 315-7110-337910-7952 City of Fort Pierce $10,000 APPROPRIATIONS 315201-7110-599330-952 Project Reserves $10,000 After motion and second the vote on this resolution was as follows: Commissioner Paula A Lewis Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 9TH MARCH 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY r;·\hlldeet\aeenda'slacenda99\3.9 LibraI" wpd ,..."... '-' ....." AGENDA REQUEST ITEM NO. A-2 DATE: March 9, 1999 CONSENT X REGULAR PUBLIC HEARING [ ] Leg. [ ] Quasi -JD. TO: BOARD OF COUNTY COMMISSIONERS -cØ;? SUBMITTED BY: Community Development Director SUBJECT: 1st Replat of Parcel 27 (Muirfield) @ the Reserve BACKGROUND: On October 27, 1997, this Board approved the Plat of Parcel 27 @ the Reserve known as Muirfield. Attached is the pt replat of this subdivision. The purpose of this replat is to provide for wider residential lots, affording greater unit separation than what was originally intended. This plat has been reviewed for consistency with all applicable County Development Codes and Standards. This plat has been determined to meet all applicable standards. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approved the 1st replat of Parcel 27 @ the Reserve and authorize the chairman to execute the final plat documents. COM [ [ SSION ACTION: _ APPROVED [ OTHER: DENIED Coordination/Siqnatures County Attorney: Mgt & Budget: Purchasing: Originating Dept: Other: Other: Finance: (copies only) : (AGEND423) JII1'" v ...., (~ ~. -<..- Commission Review: March 9,1999 DEPARTMENT OF COMMUNITY DEVELOPMENT Administration MEMORANDUM TO: County Commission FROM: Julia Shewchuk, Community Development Director DATE: March 8, 1999 SUBJECT: 151 Replat of Parcel 27 (Muirfield) @ the Reserve On October 27, 1997, this Board approved the Plat of Parcel 27 @ the Reserve known as Muirfield. Attached is the 1st replat of this subdivision. The purpose of this replat is to provide for wider residential lots, affording greater unit separation than what was originally intended. . This plat has been reviewed for consistency with all applicable County Development Codes and Standards. This plat has been determined to meet all applicable standards. Staff recommends that the Board approved the 1st replat of Parcel 27 @ the Reserve and authorize the chairman to execute the final plat documents. If you have any questions, please let us know. SUBMITTED ~ ~'~kÆL ia Shewchuk ommunity Development Director JSlDJMI PCL27-1(a59) cc; County Administrator County Attorney Public Works Director ~ .. '-' ...., AGENDA REQUEST ITEM NO. A-3 DATE: March 9, 1999 CONSENT X REGULAR PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Magnum Environméntal Services - Economic Development Transportation Grant N~ED BY~. ~ J £. ~ ,,/ ðl '" '7 ~ -/ A mmunity Dev. Director SUBMITTED BY: Community Development BACKGROUND: Several months ago the Board approved accepting a grant award from the Florida Office of Tourism, Trade and Economic Development for the construction of a 700 +/ - foot railroad spur to serve the expanded operation at Magnum Environmental Services west of Ft. Pierce. Attached is copy of the final scope of work for the design and permitting of this project. Staff is at this time recommending that the Board authorize the execution of a work authorization with the engineering firm of Lindahl, Browning, Ferrari and Hellstrom, Inc., in the amount of $26,230 for the design and permitting of this project. The balance of the grant funds, approximately $175,000 will be used for project construction. FUNDS AVAILABLE: Funding has been appropriated in 001-001238-1510-334505 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends authorization of the Design and Permitting for this project. COMMISSION ACTION: .J:x:r APPROVED [ [ ] OTHER: DENIED Coordination/Siqnatures County Attorney: Mgt & Budget: Purchasing: Originating Dept: Other: Other: Finance: (copies only) : (AGEND422 ) '-' """"" r:~ ..? -.-J Commission Review: March 9,1999 DEPARTMENT OF COMMUNITY DEVELOPMENT - Administration MEMORANDUM TO: County Commission FROM: Julia Shewchuk, Community Development Director DATE: March 8, 1999 SUBJECT: Magnum Environmental Services - Economic Development Transportation Grant Several months ago the Board approved accepting a grant award from the Florida Office of Tourism, Trade and Economic Development for the construction of a 700 +/- foot railroad spur to serve the expanded operation at Magnum Environmental Services west of Ft. Pierce. Attached is copy of the final scope of work for the design and permitting of this project. Staff is at this time recommending that the Board authorize the execution of a work authorization with the engineering firm of Lindahl, Browning, Ferrari and Hellstrom, Inc., in the amount of $26,230 for the design and permitting of this project. The balance of the grant funds, approximately $175,000will be used for project construction. If you have any questions, please let us know. SUBMITTED \~gL lia Shewchuk ommunity Development Director JSlDJMI MAGNUMI(a59) cc: County Administrator County Attorney Public Wcx1<s Director Manager & Budget Director Anance Director '-' ....., EXHIBIT A Scope of Services Magnum Environmental- Florida East Coast (FEC) Railroad Spur GENERAL The CONSULTANT shall review, analyze, design and prepare permit applications for a railroad spur track extending approximately 1000' feet from the existing Florida East Coast Railroad (FEC) Glades Cut-off main line to the Magnum Environmental facilities.' Task 1. Survey: The CONSULTANT will establish a horizontal survey control line, set two bench marks on site, obtain surface topographic features of the corridor and cross section the corridor on approximately 100 foot intervals. Based upon the survey data, we will prepare a sketch and legal description of the corridor for easement purposes. Task 2. Agency Coordination: Meet or discuss the review and design criteria for approval with representatives of the South Flo'rida Water Management District (SFWMD), the FEC Railroad, North S1. Lucie River Water Coritrol Distfiêt (NSLR WCD) and St. Lucie COUhty (SLC). Task 3. Permit Applications: Based' on Task 3 determination, the CONSULTANT will prepare permit applications to the SFWMD, FEC Railroad, NSLRWCD and SLC, for an ERP application an~ drainage permit, for the propbsed spur. CONSULTANT will provides up to 12 hours of engineering services to respond to requests. for information from the permitting agencies. Any hours over the specified - - time, the CONSULTANT will be entitled to additional compensation on a time and expense basis. Task 4. Construction Plans: The CONSULTANT will preparation construction plans and technical specifications for the proposed spur line showing connections to the existing FEC RR facilities and extending approximately 1000 feet to the Magnum Environmental site. ~ 'I"'~ .~ '-' ...".¡ EXHIBIT B Compensation Magnum Environmental- Florida East Coast (FE C) Railroad Spur Task #rritle Amount of Compensation Type of Compensation Task 1. Survey $ 6,340.00 Lump Sum Task 2. Agency Coordination $ 3,220.00 Lump Sum Task 3. Pennit Applications $ 6,920.00 Lump SUìn Task 4. Construction Plans $ 9,750.00 Lump Sum Total $ 26,230.00 3 \..ø; ......, EXHIBIT C Schedule Magnum Environmental- Florida East Coast (FE C) Railroad Spur Task #ffitle No. Calendar Days for Completion Task 1. Survey 30 days from NTP Task 2. Agency.Coordination 120 days from NTP Task 2 a: County Review 60 days from NTP Task 3. Permit Applications 90 days from NTP Task 4. Construction Plans 90 days from NTP \\fp 1 \projects\98-0096\Magnum-AFS-4 '98.doc 4 - .. '-" AGENDA REQUEST """ ITEM NO. A-4 DATE: March 9, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION SUBJECT: Ideal Holding Road M.S.B.U. Request Permission to Advertise Public Hearing to "Construct the Project Using In-house labor Services" BACKGROUND: See Attached Memorandum FUNDS AVAIL. (State type & No. of transaction or N/A): N/A PREVIOUS ACTION: March 2, 1999 - The Board granted permission to advertise the Second Public Hearing to levy an assessment and to proceed with construction of the Project. RECOMMENDATION: Staff recommends that the Board grant permission to advertise the public hearing which is necessary for the use of in-house labor services, employees, and equipment to construct a portion of the Ideal Holding Road Project. The public hearing would be held on April 6, 1999 which is a night Board meeting. COMMISSION ACTION: .P(APPROVED [] DENIED [ ] OTHER: o as Anderson County Administrator [X]County AttorneY:~~ /J ¿' [X] Public Works Dir: ti~· /v~ / Coordination/Signatures []Management & Budget: [.]Other: [.]R&B Mgr: [] Finance (Info Copy Only) : ~ '...,/ !-1- L-j COMMISSION REVIEW: March 9, 1999 ENGINEERING MEMORANDUM NO. 99-067 TO: FROM: DATE: SUBJECT: Board of County Commissioners County Engineer March 8, 1999 Ideal Holding Road M.S.B.U. Request Permission to Advertise Public Hearing to "Construct the Project Using In-house Labor Services" BACKGROUND On August 20, 1996, the Board adopted Resolution No. 96-194 creating the Ideal Holding Road M.S.B.U.; authorized staff to proceed with the engineering and design of the project; and to preparea preliminary cost estimate based upon designing the project and to construct a portion of the project using in-house labor forces. Pursuant to Section 255.20, Florida Statutues, in order for the Board to perform a construction project for an estimated cost of more than $200,000 using in-house services, employees, and equipment, it is necessary for the Board to first hold a duly advertised public hearing and find by a majority vote that it is in the public's best interest to perform the project using in-house forces. This public hearing will precede the second public hearing, which levies the preliminary assessment roll and grants approval to proceed with construction of the project. RECOMMENDATION: Staff recommends that the Board grant permission to advertise the public hearing which is necessary for the use of in-house labor services, employees, and equipment to construct a portion of the Ideal Holding Road Project. The public hearing would be held on April 6, 1999 which is a night Board meeting DBW/bp cc: Staff Concurring Michael Powley, Projects Engineer \w' '" AGENDA REOUEST ITEM NO. M DATE: March 9,1999 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 99-70 _ Supporting the St. Lucie Metropolitan Planning Organization Resolution No. 99-01 which supports a regional transit study for St. Lucie, Martin, and Indian River Counties. BACKGROUND: Commissioner Doug Coward has requested that this office prepare a resolution supporting the St. Lucie Metropolitan Planning Organization Resolution No. 99-01 which supports a regional transit study for St. Lucie, Martin, and Indian River Counties. The attached Resolution No. 99-70 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOÞÆMENDATION: Staff recommends that the Board adopt the attached Resolution No. 99-70 as drafted. COMMISSION ACTION: W APPROVED [] DENIED [ ] OTH?R: County Attorney: [k/ Review and Approvals Management & Budget purchasing : Originating Dept. OtheI;:.: Other: Eft. 5/96 Finance: (Check for Copy only, if applicable)_ ~ '" ~ 'wi \~ (...." -' RESOLUTION NO. 99-70 A RESOLUTION SUPPORTING THE ST. LUCIE METROPOLITAN PLANNING ORGANIZATION RESOLUTION NO. 99-01 WIDCR SUPPORTS A REGIONAL TRANSIT STUDY FOR ST. LUCIE, MARTIN, AND INDIAN RIVER COUNTIES WHEREAS, the Board of County Comnñssioners of St. Lucie County, Florida, has made the following determinations: 1. On March 9, 1999, at an Emergency Meeting of the St. Lucie Metropolitan Planning Organization, the St. Lucie Metropolitan Planning Organization adopted their Resolution No. 99-01 which supports a regional transit study for St. Lucie, Martin, and Indian River Counties. 2. The State of Florida has made available intermodal transportation planning funds to accomplish such objectives as regional transit studies. 3. This Board believes it is in the best interest of the public health, safety and welfare of the citizens of St. Lucie County to support the St. Lucie Metropolitan Planning Organization Resolution No. 99-01 attached hereto and made a part hereof as Exhibit" N'. NOW, THEREFORE, BE IT RESOLVED by the Board of County Comnñssioners of St. Lucie County, Florida: 1. This Board does hereby support the St. Lucie Metropolitan Planning Organization Resolution No. 99-01 attached hereto and made a part hereof as Exhibit "A". 2. The County Administrator is hereby directed to forward a copy of this resolution to Cheri Fitzgerald, :MFO Supervisor to forward to the Treasure Coast Legislative Delegation of the Florida Legislature. \ ... ....¡ ~ After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis XX Vice Chairman John D. Bruhn XX Commissioner Cliff Barnes XX Commissioner Frannie Hutchinson XX Commissioner Doug Coward XX PASSED AND DULY ADOPTED this 9th day of March, 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA A nEST: BY: cßAlRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY \ EXHIBIT II A" Ji' ~ ....", ST. LUCIE METROPOLITAN PLANNING ORGANIZATION RESOLUTION NO. 99-01 A RESOLUTION OF THE ST. LUCIE METROPOLITAN PLANNING ORGANIZATION SUPPORTING A REGIONAL TRANSIT STUDY FOR ST. LUCIE, MARTIN, AND INDIAN RIVER COUNTIES WHEREAS, the Counties of St. Lucie, Martin, and Indian River comprise a distinct regional transportation service area; and WHEREAS, there is a need to address the feasibility of a future regional transit system to serve the three counties; and WHEREAS, the staffs of the St. Lucie, Martin County, and Indian River County Metropolitan Planning Organizations, in conjunction with the Florida Department of Transportation, are responsible for the development of studies to detennine the need for future transit services in their respective jurisdictions; and WHEREAS, the State of Florida has made available intennodal transportation planning funds to accomplish such objectives as regional transit studies. NOW, THEREFORE, BE IT RESOLVED THAT THE ST. LUCIE METROPOLITAN PLANNING ORGANIZATION joins St. Lucie County, the Cities of Fort Pierce and Port St. Lucie, and the Metropolitan Planning Organizations of Martin and Indian River Counties and their respective local jurisdictions to: SECTION 1. Petition the Florida Legislature to obtain funding to conduct a regional planning study to address the feasibility of establishing an intennodal transit system, including coordination offeeder bus systems, passenger and commuter rail systems, potential intennodal station locations, and related land-use issues; and _ SECTION 2. Organize a technical advisory committee under the direction of the Treasure Coast Regional Planning Council in coordination with the three Metropolitan Planning Organizations and District IV of the Florida Department of Transportation to develop the regional transit study; and SECTION 3. Develop a public infonnation plan to disseminate infonnation and provide public input on the regional transit study. BE IT THEREFORE RESOLVED that this resolution be forwarded to the Treasure Coast Legislative Delegation of the Florida Legislature. PASSED AND DULY ADOPTED this 9th Day of March, 1999. 1 .,. ATTEST: SECRETARY w- ....., ST. LUCIE METROPOLITAN PLANNING ORGANIZATION ST. LUCIE COUNTY, FLORIDA BY: Mary Ann Cemuto, CHAIRWOMAN APPROVED AS TO FORM AND CORRECTNESS: BY: Heather Young ASSISTANT COUNTY ATTORNEY 2 ..~ '-" ...,; AGENDA REOUEST ITEM NO. fJ ~ (, DATE: March 9, 1999 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 99-69 - Supporting the establishment of Florida Forever as a Successor Program to Preservation 2000. BACKGROUND: Commissioner Doug Coward has requested that this office prepare a resolution supporting the establishment of Florida Forever as a successor program to Preservation 2000. The attached Resolution No. 99-69 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staffrecomrnends that the Board adopt the attached Resolution No. 99-69 as drafted. COMMISSION ACTION: þ<! APPROVED [] DENIED [ ] OTHER: County Attorney: ~~' Review and Approvals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 Iii (: .., \J/ '-' "'" RESOLUTION NO. 99-69 A RESOLUTION SUPPORTING THE ESTABLISHMENT OF FLORIDA FOREVER AS A SUCCESSOR PROGRAM TO PRESERVATION 2000 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Preservation 2000 has been the state of Florida's premier land preservation program which has acquired and therefore saved much of Florida's best remaining natural land. 2. Florida's population continues to grow by more than 550 people per day and accounts for the rapid conversion of forests, wetlands, fanns, wilderness and other green space. 3. We must protect and restore water resources for natural systems and human use, as well as for habitat for plants, animals and fisheries. 4. We must also provide exceptional opportunities for outdoor recreation for all Floridians and visitors in order to enhance Florida's economy and quality of life. 5. We must ensure the effective long-term management of public lands. 6. Florida's native plant and animal species do not yet have sufficient habitat for survival and Florida's wild lands are being invaded by non-native plant and animal species. 7. Land acquisition under Preservation 2000 has provided significant environmental protection but has not yet completed the job of setting aside enough land and water areas to meet Florida's pressing natural resource needs. 8. In anticipation of the expiration of Preservation 2000, a successor program to be known as Florida Forever has been proposed as a new land conservation program to succeed Preservation 2000 and further the protection of Florida's exceptional wild lands. '-' '-" 9. Florida Forever would provide funding for land acquisition and management to meet Florida's critical needs to continue to preserve our remaining wild lands, protect our crucial water resources, provide local recreational opportunities, manage publicly owned conservation and recreation lands, and restore major ecosystems throughout Florida. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby support the establishment of Florida Forever as a successor program to Preservation 2000. 2. This Board urges the Legislature of the State of Florida to support the authorization of the 10th series of Preservation 2000 bonds; and support the creation of Florida Forever, a new land and water conservation program that continues Florida's long tradition of land acquisition conservation. 3. The County Administrator is hereby directed to forward copies of this resolution to the members of the St. Lucie County Legislative Delegation. After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis XX Vice Chairman John D. Bruhn XX Commissioner Cliff Barnes XX Commissioner Frannie Hutchinson XX Commissioner Doug Coward XX PASSED AND DULY ADOPTED this 9th day of March, 1999. " ~ ATTEST: DEPUTY CLERK ......, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY '-" CONSENT AGENDA '. ! ..J - -- ..:.._- --.-- -."- ---- '-' ...., 03/05/99 ST. LUCIE COUNTY - BOARD PAGE 1 FzABVARR VARRANT LIST 123- 27-FEB-99 TO 05-HAR-99 FUND SuMMAAY FUND TITLE EXPENSES PAYROLL 001 General Fund 169,321.74 245,523.79 001116 Sec 112/MPO/FH\lAJPlanning 98/99 1,120.19 3,418.08 001120 Communi ty Services Block Gmt 98/99 71.96 218.75 001235 TOC Planning Grant 98/99 24.96 705.48 001242 98/99 E. H.. P.A. 4,162.00 0.00 101 Transportation Trust Fund 42,802.40 89,119.34 101002 Transportation Trust/80% Constitut 52,532.50 0.00 101006 Transportation Trust/Impact Fees 350.00 0.00 102 Unincorporated Services Fund 14,454.00 31,060.47 102001 Drainage Maintenance HSTU 958.74 2,914.08 102103 Urban & Community Forestry 97/98 308.20 936.80 105 Library Special Grants Fund 639.52 1,595.36 107 Fine & Forfeiture Fund 46,956.54 54,547.85 111 River Park I Fund 2,557.69 0.00 114 Harmony Heights 4 Fund 513.12 0.00 115 Sheraton Plaza Fund 431. 90 0.00 118 Paradise Park Fund 693.65 0.00 120 The Grove Fund 140.14 0.00 122 Indian River Estates Fund 850.33 0.00 126 Southern oak Estates Lighting 109.94 0.00 139 Palm Grove Fund 657.97 0.00 140 Port & Airport Fund 16,286.57 7,177.08 140274 FOOT/ Terminal Expansion 107,125.37 0.00 160 Plan Maintenance RAD Fund 1,486.33 3,916.61 170 Court Facilities Fund 166.35 0.00 182 Environmental Land Acquisition Fund 477.51 1,431.39 183 Ct Administrator-19th Judicial Cir 1,208.46 3,673.11 183001 Ct Administrator-Arbitration/Hediat 925.69 2,449.60 183206 FDJJ-Teen Court 98/99 187.28 0.00 185202 FHFA- SHIP 97/98 11,915.03 0.00 185203 FHFA-SHIP 98/99 405.60 1,232.80 186 Recycling Operating Fund 439.12 1,334.69 186202 DEP-Recycling & Education 98/99 146.36 444.89 205 Beach Bond I&S Fund 910,487.50 0.00 242 Port I&S Fund 725.00 0.00 262 Tourism Dev 4th Cent I&S Fund 21,319.44 0.00 316 County Capital 94,826.41 0.00 382 Environmental Land Capital Fund 104,200.00 0.00 401 Sanitary Landfill Fund 282,216.20 25,463.39 418 Golf Course Fund 37,737.57 15,877.22 421 H.E.V. Utilities Fund 2,962.44 171. 71 441 North Hutchinson Island Utilities 43,528.90 2,861.86 451 S. Hutchinson Utilities Fund 42,338.92 2,690.15 461 Sports Complex Fund 5,928.35 8,329.48 491 Building Code Fund 5,163.03 14,334.04 501 Automated Services Fund 28,655.21 50,598.64 505001 Property/Casualty Insurance Fund 6,394.33 0.00 510 SQrvicQ CaragQ Fund 25,603.48 7,668.15 '-" ...." 03/05/99 ST. LUCIE COUNTY - BOARD PAGE 2 FZABYARR YARRANT LIST 123- 27-FEB-99 TO 05-MAR-99 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 606 Shared Pool Cash-Property Appraiser 100,000.00 0.00 611 Tourist Development Trust-Adv Fund 910.93 2,732.54 625 Law Library 45.00 0.00 GRAND TOTAL: 2,193.469.87 582,427.35 '-" AGENDA REQUEST ....." ITEM NO. C-2-A , DATE: March 9, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Permission to advertise for bids for the Publication of the Delinquent Tax Notices. BACKGROUND: See attached letters from the Tax Collector. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval and permission to advertise for the bids for the Publication of the Delinquent tax notices. COMMISSION ACTION: W APPROVED [] DENIED 1 r OTHER: u nderson County Administrator Mgt. & Budget: Purchasing Mgr.:(X) cß County Attomey:(X) 0r/ Coordination/Signatures Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\WP\AGENDAS\OTHER\99 Delinguent Tax Notice Per to Ad.wpd C-¿d 'D'OROTHY J. CONRAD, C~ ST. LUCIE COUNTY TAX COLLECTOR P.O. BOX 308 FORT PIERCE. FLORIDA 34954-0308 MAIN OFFICE: County Administration Bldg. 2300 Virginia Ave. Fort Pierce, FL 34982-5652 (561) 462·1650 Fax (561) 335-2006 PORT ST. LUCIE OFFICE: Village Green Center 9340 S. Federal Hwy. Port St. Lucie, FL 34952-2885 (561) 337-5600 Fax (561) 337·5624 February 15, 1999- Honorable Chairman & Commissioners St. Lucie County Board of County Commissioners 2300 Virginia Avenue Roger Poitras Annex Fort Pierce, Florida 34982 Dear Chairman & Commissioners: \Þ - (/) ú) c -:-\ ~ r- ~ c _ C'? CF\ r; -0 C'? ~ o c: rv ~.. ~cJ1 -<. -I Pursuant to Section 197.402(1) F.S.(1997) "Whenever legal advertisements are required, the Board of County Commissioners shall select the newspaper as provided in Chapter 50. II We request that you prepare a Request for Proposals and proceed in the manner prescribed within Chapter 50. The Tangible Accounts only need to be advertised one time with the approximate date being May 13. We will provide the list on CD-Rom in print-image format. We will provide a sample advertising list on CD-Rom to any newspaper interested in submitting a proposal. The proposals submitted by the newspapers should include the amount of set up time required once the CD-Rom is received until the list is published in the newspaper. Questions regarding technical requirements should be addressed to Linda Smith of my office. Delinquent 1998 Tangible Personal Property Accounts Re: :;7);;--" ,..-' C1"'.~. ~- DJC/jh cc: Doug Anderson Dan Mcintyre Charles BichV' Linda Smith REAL ESTATE AND PERSONAL PROPERTY TAXES' TOURIST DEVELOPMENT TAX . OCCUPATIONAL LICENSE' ALARM PERMITS Agents for DEPARTMENT OF MOTOR VEHICLESNESSELS . DEPARTMENT OF ENVIRONMENTAL PROTECTION (Hunting and Fishing) WE ARE HAPPY TO BE OF SERVICE TO YOU ,-,""" DOROTHYJ.CONRAD,CFC ST. LUCIE COUNTY TAX COLLECTOR P.O. BOX 308 FORT PIERCE, FLORIDA 34954-0308 MAIN OFFICE: County Administration Bldg. 2300 Virginia Ave. Fort Pierce, FL 34982-5652 (56') 462-'650 Fax (56') 335-2006 PORT ST. LUCIE OFFICE: Village Green Center 9340 S. Federal Hwy. Port St. Lucie, FL 34952-2885 (56') 337-5600 Fax (56') 337-5624 February 15, 1999 Re: Delinquent 1998 Real Estate Accounts \.Ø ... . t.P \.Ø --\ ..,., r- g c: _ C? 0" rïi -0 ("') - o ..- c: r:-? ~. ~ -< ç "-" . '0_·' S·::~,~ ~._,- ........- --- \ . .;..~ 0 cf':f"'- --- 3~: .- Honorable Chairman & Commissioners St. Lucie County Board of County Commissioners 2300 Virginia Avenue Roger Poitras Annex Fort Pierce, Florida 34982 ,...-...., ~...' -- ;-~.-\ --'- ---....... Dear Chairman & Commissioners: Please prepare a request for proposals for the advertisement of the 1998 delinquent real estate accounts. This year we need the specifications to include advertising dates of May 6, 13, 20 or May 7, 14, 21. We will provide the list on CD- Rom in print-image format. We will provide a sample advertising list on CD-Rom to any newspaper interested in submitting a proposal. The proposals submitted by the newspapers should include the amount of set up time required once the CD-Rom is received until the list is published in the newspaper. Questions regarding technical requirements should be addressed to Linda Smith of my office. YoursZ~ ~~ð(Ç::6~~~. Dorothy J. Conrad, CFC St. Lucie Co y Tax Co1lector DJC/jh cc: Doug Anderson Dan Mcintyre Charles Bicht ¡/ Linda Smith REAL ESTATE AND PERSONAL PROPERTY TAXES· TOURIST DEVELOPMENT TAX . OCCUPATIONAL LICENSE' ALARM PERMITS Agents for DEPARTMENT OF MOTOR VEHICLES/VESSELS . DEPARTMENT OF ENVIRONMENTAl PROTECTION (Hunting and FIShing) WE ARE HAPPY TO BE OF SERVICE TO YOU ."-. ...... AGENDA REQUEST ...., ITEM NO. C-2-B ~ DATE: March 9,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Equipment Request EQ#99-200 and Budget Amendment #99-111 BACKGROUND: Nations Bank is providing to the County at no charge a program called Infospan. This program will handle all of the billings for the County's Purchasing cards. The program provides more than 60 different standard management reports. The system contains a cost allocation module to capture accounting electronically and produce a file to interface with our accounting system. This system has many more features to manage the Purchasing Card program. Originally, staff thought the Infospan system could reside on a server already on the network. After further study, the recommendation was to purchase a separate server for the system. Besides not tying up the resources on an existing server this new server would allow for the utilization of Infospan throughout the network. In the future each department will be able to use the reporting capabilities of Infospan and take advantage of the online approval process. FUNDS AVAIL.: Will be available in 001-1320-564000-100 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of Equipment Request EQ#99-200 and Budget Amendment #99-111 COMMISSION ACTION: )« APPROVED [] DENIED [ ] OTHER: , ou Anderson County Administrator County Attorney: Coordination/Signatures /1l"1 ~ ,M/ Mgt. & Budget:(X) ;¡ v() fY Purchasing Mgr.:(X) cD Originating Dept: Other: Other: Eff. 1/97 Finance: (Check for Copy only, if Applicable) H:\Equipment request Infospan server.wpd - , ,UDGET AMENDMENT REQUEST F""M ~ ....., REQUESTING DEPARTMENT: OMS/Purchasing PREPARED DATE: February 23,1999 AGENDA DATE: March 9,1999 ~ L f::> TO: 001-1320-564000-100 Machinery & Equipment $1,713 FROM: 001-1320-546200-100 Maintenance Improvement Projects $1,713 REASON FOR BUDGET AMENDMENT: Additional server is required for new Infospan program which will handle all of the billings for the County's Purchasing cards. CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: N/A , DEPARTMENT APPROVAL: OMB APPROVAL: '--)1lGi\ {V BUDGET AMENDMENT #: 99-111 DOCUMENT # & INPUT BY: OMB:QP/GENERAUFORMS/AMENDMEN eff. 10/01194 ~ ......" ~ @ CI) s; UJ a: ~ '0 c:: CU c:: ,¡: 0) .0 :;æ~:§ ';:;0) 8 0 ~ c:: c:: CU .S <: E e 5 ~ .!::! 1:: .... ~ 0 c e ~ 0 CU ..:è :::10.. E 0 0)' 0 Ie;; . Q) e 0 '0 co °E,¡: "'" eC!I)1/) ~ .... Q) co o..co ~ CU ....~~,¡: 10 :::1'¡: Q)I),E.... C .!{l c:: 1S. E c:~~Q) C\ U) C") ~ t:CUCUQ) Q) I/) .... fß :50.... '¡:Q)"Q:::1 I W II) ....,¡:.....o .... c::e.e~ 0 zen ~ c:....cu.... 0 oØl CU 0 Q) °5:2Q) - CC) ~ E "5 .!{l >.. ~ :::s ..... 'O~0.Q U)en 'O,c: co!l)3:CU iii U)en ,EI/)o¡"':': - .... c:: Q) E J) ~ ~ () I/) :Eo:: -:2 E .5:Q)Q).QQ) :E< 'O:Sc: CUI/)~:;:() Q)eo~ ~Q)Q)~e Ow :::::: 0..:;:; II) ~ .... I/) .... 0.. Ii:: 0)- ~E~~ e c::- w ~..J ë Q)CU~Q)~ !Xl W Ee~O) I/) 0.. Q) E ::E z< 0 e 0) CO.S cuQ)C::te ::) ::)0 z ë O)e"t)t: c: I/) .!{l CU 2: z o~ w w eo..o:::1 ocu:55}cu l- ou. ::E > 0..Q)°8 Q)~~'OQ) z LLO:: == 0 cut:cuo E :tz CU ~ ,¡: .c:: ::) 0 a:: 0 o~ 0 Q. Q) I/) CU ~ I/) ,¡: 0 .::::: 0 W Q. e» ..s;: ~ e~~m§ 0 Ct- a:: c:t cu'ËJ!!oe ~5.O)e~ c:t ~U) ,¡: c:: ,¡: 0.. <w 0~8:1:::-e o 0 .S :::1 .... ................. 0::) gO)E~cu o I/) .!{l :::1 0 mO E >< ~ .... .S;: Q) ~ ü ~Q)Q)~ ~~ CUI/)....n:sO) ~ c:: ,¡: >.. CU ~ 't: .c:: l)c::CU....J!! Zt- c:el/)~ii) ~oc::c::c: ~ ........(0 ::)z 5 :::1 ~ .S;: ~ c:CUO .:s- oW CU'OI/)~'O O:E üQ..¡...:.:o~ o..C::Q)OCU we: II) ....:::1 ~~~~~ Q)- .Q)Q.. -::) :5.è-~~Q) c:EoQ)J!! °0 .e§ocu,¡: - I/)C:: 3w o 0.. Q) .... ~8eQ)-g 0) üe 0 Q) ....eQ):5co ¡..: .c:: :::s 0) :6Q)....'Ocu :ê;:Q):5:;C: U) 'S ,¡: ~ 0 c:: g»:5 Cl 0 [ .... ~cu e~Eo..E o -:::1~1/) 0..,E ~ '0 0 '¡:~0):::1,E <: .!{l ~ CU ~ .... it; .2 .S e s 0 ¡:: ~ c:: c:: I/) n:sl/)~'¡:I() (!) C::;::::CU~e ....~........ « ~ cu::::Eca:::1 I/) Q) 0 c:: I/) ~ CI) IX) ~ -e .~ 15 >: ~ c:: ~.~ 0 CI) ~ ~:5cu5~ :::: fI,) ~ 0 cu:::1Q)I/):::: ~ c:~ O.Q C\ Ü "t)~ '- ~ :tz ~ ctI cb ~ ê5 ~'Oc::õe .~ ~ I/) _ Q.. 0) Q ctI::::::J!!~~ oq:~'O~ 0' « Q.. <:ctll/)Q) UJ :it a ¡:.: w a:: z I- W Z == Z W ~ 0 :E c:t ëñ Q. Q. :;: ::) w a 0 Õ w \ ....." t. Lucie County Automated Services 300 Virginia Ave art Pierce, FL 34982 USA ....", elephone: 561/462-1681 Quote Date 02118/99 Computer System Quote 89901087601 Quote For: Purchasing SVRPENT32M1G Server, Pentium 300mh, 128mb RAM, 6gb HDD 1712.45 1712.45 ......~.- c.f) -' ...0 ...0 ~ ~ --0 ~ c~ -;~~:" -. ,,,,,... /.,,~ -::::.:.~~ ~~~ sé _--1"-- ~ "-:J r - ø .r;:- .. -' ""'" - - ---" 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: 02118/99 2:14 PM Duplicate Page 1 '-t' AGENDA REQUEST ...." ITEM NO. C-2-C ., DATE: March 9,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Award of Bid #99-08 Orange Avenue @ C-24 Bridge Replacement BACKGROUND: On December 9, 1998 bids were opened for the Bridge Replacement at Orange Avenue and the SFWMD Canal No. 24. Forty two vendors were notified (nine are minority owned), twenty six sets of bid documents were distributed (two are minority owned) and three bids were received (one is minority owned). The low bidder is Shoreline Foundation, Inc. in the amount of $790,518.75. FUNDS AVAIL.: 101003-41133-599330-4315 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of bid #99-08 Bridge Replacement at Orange Avenue and the C-24 Canal to Shoreline Foundation, Inc. in the amount of $790,518.75, establish the budget as set forth on the attached memorandum dated February 26, 1999 and authorize the chairman to sign the contract as prepared by the County Attorney. - COMMISSION ACTION~ .~ APPROVED [] DENIED 1 j'oTHER: Anderson nty Administrator County Attomey:(X) ~/ çoordination/Sigpatures Mgt. & Budget:(X>, /:p ,rJ,/ Other: Purchasing Mgr.:(X) () /'/n V-t-j Other: Originating Dept: Finance: (Check for Copy only, if Applicable)~_ Eff. 1/97 H:\WP\AGENDAS\BIDS\99-0B award.wpd , ~ ....." (_-¿C.. DIVISION OF ENGINEERING MEMORANDUM From: Charles L. Bicht, Sr. Purchasing Manager Don West, P.E,. Ccounty Engine0~ t.iJ.V--- Gary perde'¿-~ of Management & Budget f/7' 'Ò Barbara Meinhardt, Budget & Revenue Coordinator Brian J. Barnes, P.E. Capital Project Engine~ To: Via: Via: . Via: Date: February 26, 1999 :.:~.:.:.:.:.:.:.:.:.:.:.:-:.:.:.:~.:-:.:-:.:.:.:-:.:-:.:-:.:-:.:.:.:.:.:.:.:-:.:.:;.:.:.:.:.:.:.:-:.:.:.:-:.:.:.:-:.:.:.:-:.:-:.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:-:.:.:.:.:.:-:.:.:.:.:-:.:.:.:.:.:.:-:.:-:.:.:.:-:.:.:.:.:.:.:.:-:.:.:.:-:.:.:.:.:.:.:.:.:.:-:.:.:;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:-:.:.:. ................................................................-..................................................................-................................................................................................................................-................................................................................................ :::::::¡::::::::::~::~::~::~::::::~::~::::::~::~::¡::~::~::::::¡::¡::¡::¡::::::¡::¡::::::::::¡::¡::::::::::::::::::¡::¡::::::::::::::::::::::¡::::::::::~::::::~::::::::::¡::::::::::¡::::::::::::::::::¡::~::::::::::::::::::::::¡::::::¡::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Subject: Award of the Orange Avenue @ C-24 Bridge Replacement Bid #99-08 This project will replace an existing deteriorated concrete bridge on wood pilings carrying Orange Avenue over the SFWMD C-24 Canal (Rim Ditch), with an double barrel 8' wide X 10' high concrete box culvert. This will be a joint project with SFWMD who will fund the cost of the control gates which will replace their aging control structure just south of the existing bridge. This project was budgeted in the 1998-99 Capital Budget. On December 9, 1998 bids for this project were opened in your office. We have reviewed all 3 of the bids received and found no mathematical errors. Based on the bid price and the performance recommendations of past clients of the low bidder, we recommend award of the contract to Shoreline Foundation, Inc. in the amount of $ 790,518.75. It is anticipated $69,725.00 of the total cost will be paid by SFWMD as a part of their agreement. This would leave the remaining $720,793.75 to be paid for by the County The following budget is established for the project: Testing: Reserves: TOTAL $790,519.00 County: $720,794.00 SFWMD $ 69,725.00 $ 5,000.00 ~ 25.000.00 $820,509.00 Construction: Funds will be available in fund No 101003-41133-599330-4315 cc: Ray Wazny, Public Works Director \ '-" ....", -\ - C CW') z :E =t:I: 0 0:: en 0 ~ 0 oð 0 . u. C <C 0 It) en z, 0:: ~ W I- Ø) cð > ...I 0 . W ~ W x :; > en <c w .. (!) N en ~ =t:I: - Z > w <c 0:: <C 0 W 0 C 0 a:: . J: c I It) 0 Z Z N iª~ en w 0 ~ z ~ . > en co <c :E z ..... 0 J: . q . OU i~ - ~ <c :; ~ z .,~ <c w 0 ..J 0 :E . . ::) 0 . w U m ~ "f"" Z <C (.) @) =t:I: - <c .. ~ 0:: Z ..J CO 0 wO It) C C- O') c z- ..... - w 0') Z -l- . m ...I<C co a:: ~ w we "f"" .. > o::z ~ w 0') o=> 0 (!) xo Ø) c:: ~ . c C W enLL - m c:: jj] m :E l- I z ~ è3~w ..w ("II > :æ oð . ZNO 0:: w . ~ _ .w o () ~ ...J coC::OC C) :5 « <c qwZc W C.wz i I- Wo<c cnW..Jw <C D:z() ...I O')æ<cz U ~~fi ~ ;t(!)ZW c eo~ 0 == i 9z<cc- - D:I-u. ~ IX] ŒI<cCI) I- Z mwoo , ~ AGENDA REQUEST ~ ITEM NO. C-2-D DATE: March 9,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Award of Bid #99-35 Purchase Six Mowers BACKGROUND: On February 3, 1999 bids were opened for the purchase of six mowers. Fifty three Vendors were notified (ten are minority owned), seventeen sets of bid documents were distributed (three are minority owned) and twelve bids were received. The low bidders meeting specifications are: Florida Coast Equipment (4) w/72" Deck @ $14,321.00 each (1) w/60" Deck @ $13,811.00 each Hector Turf (1 ) 3-reel Mower @ $19,500.00 each FUNDS AVAIL.: 001-721 0-564000-700 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of bid #99-35 Purchase of Six Mowers to Florida Coast Equipment and Hector Turf as indicated above. COMMISSION ACTION: h APPROVED [] DENIED [ ] OTHER: , Do g nderson County Administrator County Attorney:(X) ~/ Mgt. & BUdget:~>2{ I PU",,"';09 M9,.'[;<Lt&- Other: Originating Dept: Finance: (Check for Copy only, if Applicable) Other: Eft. 1/97 H:\WP\AGENDAS\BIDS\99-35 award.wpd Ì" '-' ....." Q¿ i() LEISURE SERVICES DEPARTMENT MEMORANDUM (f) \.0 _. 1..0 ~ :-i c: .." . , r fT1 ,;;: c::1 c: N - :; ; G -h ..;:;- .-- m ~:.. ') :::> -..... ,:-) " " --- :JI: ~ <:) ,. c: ë5 .-, '.H_ Z ; -i ç- -....... -< ....... TO: Charlie Bicht, Purchasing Manager Ray Lopez, Parks Manager ~ Jack Doughney, Leisure se~es Manager~ FROM: THROUGH: DATE: February 19, 1999 SUBJECT: Bid #99-35 Leisure Services/Purchase Six Mowers ***************************************************************** After evaluating all submitted bids and specifications, Parks Division Staff is recommending the Board award Bid #98-26 to the low bidders that meet specifications. Funds have been budgeted under Parks Division Fund #: 001.7210.564000.700. Commercial Front Mower w/72" Deck (4): Florida Coast Equipment submitted two bids - one price for 25HP and one price for 30HP. As the 25HP does not meet bid specifications of 27HP, we are requesting to go with the 30HP bid of $14,321.00 which does meet specifications and is still the low bid that meets all specifications. Parks Division is requesting to accept the Bid of $14,321.00 each for four (4) 72" mowers from Florida Coast Equipment. Commercial Front Mower w/60" Deck (1): , Parks Division is requesting to accept Bid of $13,811. 00 from Florida Coast Equipment as the low bid that meets specifications. The low bid that meet specifications is $1,311.00 over budgeted amount of $12,500. We are requesting that this difference be taken from the money that has been made available from items already purchased under budgeted amounts. (See attached showing amount saved. ) r '-' '....", Lower Bids Not Meeting Specifications: Florida Coast Equipment ~ Specified 27 HP Hector Turf Fuel Tank 6.5 Tank Specified 10-gal Tank Transmission No Specified Two Range Hydrostatic Vertical Flip-up Deck No Specified YES 3-REEL RIDING MOWER (1): Parks Division is requesting to accept low bid for 3-Reel Riding Mower of $19/500 from Hector Turf. The budgeted amount for the 3- Reel Riding Mower was $15/000 which is $4/500 less than low bid. We are requesting that the additional $4/500 needed be taken from monies saved on items already purchased. See attached for amount saved. If I may be of further assistance in this matter/ please contact me at your leisure. RL/hh h:\wp\bidsix Attachments RECAP OF BIDS REQUESTING TO BE ACCEPTED: Florida Coast Equipment (4) w/72n Deck @ $14/321.00 each (1) w/60n Deck @ $13/811.00 each Hector Turf: (1) 3-Reel Mower @ $19/500.00 each " r '-' BID TABULATION SHEET-' BID # 99-35 LEISURE SERVICES/PURCHASE SIX MOWERS OPENED 2/3/99 AT 3:00 P.M. VENDOR BID AL T. BID 3-REEL AMOUNT RIDING MOWER '. f ,?,I.>..i, ( FLORIDA COAST $13,684.00p;,z'·" ~ $13,275.00 'l,; (:" EQUIPMENT ta!'v ::$14,321.0~~~ V3,811.®:~I)~~ t....ol\ ...... ROBINSON $14,399.00 $13,850.00 EQUIPMENT ¡' (,c; \ 1'2- T.C. KUBOTA $14,482.63 -'1v' $13,934.26 ~O" TAMPA BAY POWER $14,673.40 $14,592.20 EQUIPMENT ."-rz)' ~o " SUNRISE TRACTOR $14,739.00 í' $14,511.00 & EQUIPMENT, INC. s-¡z, ~o ¡. KILPATRICK TURF $15,413.00 ., $15,050.00 ~o·· $20,890.00 1'- BERGGREN $15,878.40 $15,637.10 EQUIPMENT CO. .' " --TV (pÓ BERGGREN TURF & $15,900.00 $15,600.00 "Lt-t,.J ~t- '-/;, ~b TRACTOR " ~ .. .., 41- &6" I HECTOR TURF $16,000.00 / $19,500.00 ¡' $13,500.00 (p6" "1z. TURF MASTER $16,040.00 ,\ $15,807.00 {,;c" '71- SUNCOAST $16,400.00 $15,900.00 EQUIPMENT CTR. ¡ , '1¿'" (..6 ;) , MINORITY VENDOR STATUS \\ 10 -- \\_3_ \\_0_ NUMBER OF VENDORS NOTIFIED NUMBER OF BID DOCUMENTS DISTRIBUTED NUMBER OF BIDS RECEIVED 53 17 12 LEISURE SERVICESæ~S CAPITAL EQUIPMENT FY 1~/99 # ITEM/EQ# BUDGETED $ ACTUAL COST $ SAVED 1 Riding Mower win" DecklEQ99-056 $ 16,000 $14,321 $ 1,679 2 Riding Mower w/60" DecklEQ99-057 $ 12,500 $13,811 ($ 1,311) 3 Riding Mower win" DecklEQ99-058 $ 16,000 $14,321 $ 1,679 4 Rotary Mower w/50" DecklEQ99-059 $ 6,500 $ 6,000 $ 500 5 Riding Mower w/52" DecklEQ99-060 $ 6,000 $ 6,000 $ 0.00 6 Riding Mower win" DEcklEQ99-061 $ 16,000 $14,321 $ 1,679 7 3 Wheel Riding Mower1EQ99-062 $ 15,000 $19,500 ($4,500) 8 Enclosed Cargo Trailer1EQ99-063 $ 7,500 $ 4,555 $ 2,945 9 Riding Mower win" DecklEQ99-064 $ 16,000 $14,321 $ 1,679 10 Utility Cart wlDumpbed/EQ99-065 $ 7,000 $ 5,894 $ 1,106 11 Equipment Trailer1EQ99-066 $ 2,000 $ 1,895 $ 105 12 Two Wheel Dr Tractor1EQ99-067 $ 15,000 **$15,123 ($ 123) 13 Diesel Water Truck $ 55,000 Out for Bid 14 Equipment Trailer1EQ99-069 $ 2,000 $ 1,895 $ 105 15 Utility Cart wlElect Dump1EQ99-070 $ 7,000 $ 5,025.40 $1,974.60 16 One Ton Flatbed TrucklEQ99-071 $ 20,200 Central Services 17 Equipment TrailerlEQ99-0n $ 2,000 18 Rotary Cutter1EQ99-073 $ 3,000 $ 1,850 $ 1,150 19 Hand Commercial Mower1EQ99-074 $ 800 $ 795 $ 5 20 Top Dresser $ 4,000 21 20' Equipment Trailer1EQ99-076 $ 4,000 $ 2,475 $1,525 22 Hand Commercial Mower1EQ99-077 $ 800 23 (4) Slide in Dumpbeds1EQ99-079 $ 12,000 Out for Bid 24 Utility Cart wlDumpbed/EQ99-080 $ 7,000 $ 5,025.40 $1,974.60 TOTALS: $253,300 $12,172.20 Amount Saved $12,172.20 H:\WP\EQUlP99 " '-" AGENDA REQUEST ~ ITEM NO. C-2-E DATE: March 9,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Permission to advertise a Request For Proposals for Construction of Industrial Buildings at the S1. Lucie County International Airport BACKGROUND: See attached memorandum from the Economic Development Manager FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the request for permission to advertise a RFP for construction of industrial buildings at the S1. Lucie County International Airport. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: .~ D g derson County Administrator County Attomey:(X) {l) Coordination/Signatures Mgt. & Budget: Purchasing Mgr.:(X) Other: ,/~.D -. Originating Dept: Other: Finance: (Check for Copy only, if Applicable) Eff. 1/97 H:\WP\AGENDAS\OTHER\Per to Adv RFP 99-29.wpd \.I \J ,.. DEPARTMENT OF COMMUNITY DEVELOPMENT (Economic Development Division) MEMORANDUM FROM: Charlie Bicht Purchasing ManagerC/ 0 tJ. ~Þt'd.ç... a~ Julia Shew k ... Economic evelopment Manager 0') UJ -c; \.D ,.- :-ì c- :::D r :Þ {:-") ::M c % -.;.....i""71 0 N :;> ~ fT1 GCt r~¡ ('"') -0 ..1;:',_ <: (:) :x ;.....;; rï .-,0 C W ........ :z .. ~.....'"'" i' , -I '-·..l -< 0'\ - TO: DATE: January 12, 1999 SUBJECT: Request for Proposal for Construction of Industrial Buildings at the St. Lucie County International Airport Attached please find a draft of the proposed request for proposal to construct industrial buildings at the St. Lucie County International Airport. The construction of shell buildings has been shown to be an effective tool to spur local economic development. The advantages of shell building construction are significant, because the majority of companies prefer to move into existing buildings, existing buildings can provide a focus for our marketing campaign. A well conceived building may offer cost benefits to relocating companies, and provide income to the sponsoring organization. It is St. Lucie County's intent to enter into a private/public joint partnership with a local building contractor to construct one or more speculative industrial buildings on county owned land in the St. Lucie County Airport Industrial Park. It is expected that financing of the building would be carried by the private contractor, to be reimbursed either through annual lease payments by a potential lessee of the building, or through possible economic development grant allocations, or through proceeds from the sale of the property and building. The County would provide the technical support and marketing capabilities. While there are some risks associated with a shell building program, overall experiences from other communities have shown such programs to be rewarding and entirely self-supporting. Please adjust the dates for publication and bid solicitation on the pages indicated on the attached RFP, and would you please then agenda this item before the Board of County Commissioners. Cc: Ray Wazny ~ ....., REQUEST FOR PROPOSALS RFP 99-29 AIRPORT INDUSTRIAL BUILDING INDUSTRIAL BUILDING PROGRAM Board of County Commissioners St Lucie County, Florida 23~O Virginia Avenue Fort Pierce, Florida 34982 -1- c2-E; Part I 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 Part II 2-1 Part ill 3-1 3-2 Part IV 4-1 '-" "" TABLE OF CONTENTS General Information Defmitions Invitation to Propose; Purpose Issuing Office Awards Development costs Inquiries Site Visitations Timetables Delays Proposal Submission and Withdrawal Rejection of Irregular Proposals Addenda Equal Opportunity Oral Presentation Insurance Lobbyist Disclosure Feasibility Studies Statement of Work Scope of Work Instructions for Preparing Proposals Rules for Proposals Proposal Format Evaluation of Proposals Evaluation Method and Criteria -2- '-' ...,,¡ GENERALINFO~TION PART I 1-1 DEFINITIONS For the purposes of this Request for Proposals ("RFP"), Proposer shall mean contractors, consultants, respondents, organizations, fIrms, or other persons submitting a response to this Request for Proposals. 1-2 INVITATION TO PROPOSE' PURPOSE The Board of County Commissioners, St. Lucie County, Florida (the "Board") solicits proposals from responsible Proposers for the purpose of obtaining quotes for the construction of one or more speculative industrial buildings on County owned land in the St. Lucie County Airport Industrial Park. 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING St. Lucie County Purchasing Department Administration Annex, Room 228 2300 Virginia Avenue Fort Pierce, Florida 34982 1-4 CONTRACT AWARDS The Board anticipates entering into a contract with the Proposer who submits the proposal judged by the Board to be most advantageous. The Board anticipates awarding one contract, but reserves the right to award more than one contract if it is in the best interest of the Board. The Proposer understands that this RFP· does not constitute an agreement or a contract with the Proposer. An official contract or agreement is not binding until proposals are reviewed and accepted by the Board and a written agreement or contract is approved by both the Board and the successful Proposer. A standard St. Lucie County consultant contract is included with this RFP. This contract will form the basis of the contract between the successful proposer and the County. At the option of the County, terms and conditions may be added, modified or deleted through negotiations with the successful Proposer. The Board reserves the right to reject all proposals, to waive any informalities, and to solicit and re- advertise for other proposals. 1-5 DEVET ,QPMENT COSTS Neither the Board nor its representatives shall be liable for any expenses incurred in connection with -3- \.J '-" preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1-6 INQUIRIES The County will not respond to oral inquiries. Proposers may submit written inquiries for interpretation of this RFP to: Charles Bicht St. Lucie County Purchasing Manager Administration Annex, Room 228 2300 Virginia Avenue Fort Pierce, Florida, 34982. The County will respond to written inquiries if received at least 7 working days prior to the date scheduled for receiving the proposals. The County will record its responses to inquiries and any supplemental instructions in the form of a written addendum. If addenda are issued, the County will mail or fax written addenda at least 5 working days before the date fixed for receiving the proposals. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. The County will send written addenda to all Proposers who receive the RFP. 1-7 SITE VISITATIONS Any Proposer desiring to visit site locations should contact Julia Iversen-Shewchuk, St. Lucie County Economic Development Manager at (561) 462-1553 to arrange a site visitation. These visitations should be done in sufficient time to allow Proposer to meet the proposal submission deadline. 1-8 TIMETABLES The Board and the Proposers shall adhere to the following schedule in all actions concerning this RFP. A. On , 1999, the Board issues the RFP. B. From , 1999 to inquiries received by mail. , 1999 the County will receive and answer c. The County must receive the proposals by 3:00 PM on ,1999. D. From opening time, the Board and County staff will review and evaluate the proposals on a timely basis. E. The Board may enter into a contract after conducting negotiations and obtaining appropriate approvals. The County will notify unsuccessful Proposers at this time. -4- '-' .....,¡ 1-9 DELAYS The County may delay scheduled due dates if it is to the advantage of the County. The County will notify Proposers of all changes in scheduled due dates by written addenda. 1-10 PROPOSAL SUBMISSION AND WITHDRAWAL The County will receive proposals at the following address: St. Lucie County Purchasing Department Administration Annex, Room 228 2300 Virginia Avenue Fort Pierce, Florida 34982 To facilitate processing, please mark the outside of the envelope as follows: "Airport Industrial Park -Industrial Building Program ". 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 mall. THE COUNTY MUST RECEIVE ALL PROPOSALS BY 3:00 PM ON , 1999. Due to the irregularity of mail service, the County cautions Proposers to assure actual delivery of proposals to the County prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (561) 462-1700 before proposal opening time. Proposals received after the established deadline will be returned unopened to the Proposer. Proposers may withdraw their proposals by notifying the County in writing at any time prior to the opening. Proposers may withdraw their proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identify and provide a signed receipt for the proposal. Proposals, once opened, become the property of the County and will not be returned to the Proposers. Upon opening, proposals become "public records" and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. 1-11 IRREGULARITIES: REJECTION OF PROPOSALS Proposals not meeting stated minimum terms and qualifications may be rejected by the County as non-responsive or irregular. However, the County reserves the right to waive any irregularities, technicalities or informalities in any proposal. The County reserves the right to reject the Proposal of any Proposer in arrears or in default upon any debt or contract to the Board of County Commissioners of St. Lucie County or who have failed to perform faithfully any previous contract with the County or with other governmental jurisdictions. The County reserves the right to reject any or all proposals without cause. 1-12 ADDENDA Ifrevisions 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. -5- \..I '-" 1-13 EQUAL OPPORllJNITY The County recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. The County requests minority and women business enterprises to submit evidence of such classification with their proposals. 1-14 ORAL PRESENTATION At their discretion, the County may require any Proposer to make an oral presentation of the proposal. These presentations provide an opportunity for the Proposer to clarify the proposal for the County. The County will schedule any such presentations. 1-15 INSURANCE The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County. 1-16 LOBBYIST DISCLOSURE REQUIREMENT Pursuant to Article IV of Chapter 1-2 of the Code of Ordinances ofSt. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section 1-2-62 is required to make full disclosure with the Clerk of the Board prior or concurrently with the submission of a proposal to the Board for the 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 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 FEASffiTLITY Sl1JDTES The County has established a policy that any professional consultant that contracts with the County as an advisor as to the feasibility of any County capital project, shall not be eligible to participate in any future design work on that project that might become necessary as a result of the consultant's advice. The Board of County Commissioners (the "Board") may determine to waive this policy by majority vote if the Board determines that there is a compelling reason to waive the policy. -6- ......, ....,¡ STATEMENT OF WORK PART II 2-1 SCOPE OF WORK The successful Proposer shall assist the County in fonning a public/private partnership to enhance economic development in St. Lucie County. The County's participation in this proposal will be to provide County owned lands in the St. Lucie County Airport Industrial Park and to provide a locally approved preliminary site plan for the County owned parcel. Parcels sizes shall be either 1.2 (one lot) or 2.4 (two lot combination) acres (average size). 1. Each proposer shall submit proposals for the following speculative buildings: a. A 6,000 square foot steel shell building including footings, for the 1.2 acre site or sites. Building design shall not be higher than 50 feet, and should include a minimum of four (4) overhead doors and a loading ramp. All construction is to be consistent with the requirements of Section 7.10.10, of the St. Lucie County Land development code. The interior floors need not be fmished until a final occupant is detennined, however, the interior floors shall be level and shall be kept :tree of any weeds or other organic materials. All required parking and access aisles shall be constructed as part of the proposers construction package. All required landscaping and irrigation shall be installed as part of proposers construction package. All required stonnwater treatment facilities shall be constructed as part of the proposers construction package. Upon completion of all construction, security and msurance are proposers responsibility . b. A 12,000 square foot steel shell building including footings, for the 2.4 acre site or sites. Building design shall not be higher than 50 feet, and should include a minimum of eight (8) overhead doors and a loading ramp. All construction is to be consistent with the requirements of Section 7.10.10, of the St. Lucie County Land development code. The interior floors need not be finished until a final occupant is detennined, however, the interior floors shall be level and shall be kept :tree of any weeds or other organic materials. All required parking and access aisles shall be constructed as part of the proposers -7- '-' \J construction package. All required landscaping and irrigation shall be installed as part of proposers construction package. All required stormwater treatment facilities shall be constructed as part of the proposers construction package. Upon completion of all construction, security and msurance are proposers responsibility . 2. a. The proposers participation includes the obligation to pay for all costs associated with the construction of the speculative building including but not limited to: 1. Obtaining all fmal construction approvals, including but not limited to local stormwater Permits, South Florida Water Management District Surface Water Management Permits, Florida Department of Environmental Regulation and Florida Department Heath Permits for all utility connections and fmal structural building permits 2. All permit fees, including local stormwater management, building permit and impact fees. 3. Utility connection and monthly fees. 4. Building materials and construction labor 5. Fill and excavation 6. Financing and carrying fees 7. Landscaping 8. Insurance and property taxes on buildings, improvements and equipment b. The County will provide the following: 1. A one lot (1.2 acre) or a two lot (2.4 acre) parcel on which to build the proposed building. 2. A boundary and topographic survey of the site. 3. Preliminary Site Plan approval for the selected parcel. Final site engineering for parking, stormwater management, landscaping and specific building placement in accordance with applicable regulations are the responsibility of the proposer. 3. Each proposer is to provide a proposal based on cashing out at inception of sale and a bid assuming annual payments for 20 years. -8- .... ... - '-' "" 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 Tran~mittal This letter will summarize in a brief and concise manner, the Proposer's understanding of the Scope of Work. The Jetter must name all of the persons authorized to make representations for the Proposer, including the titles, addresses, and telephone numbers of such persons. An official authorized to negotiate for the Proposer must sign the Letter of Transmittal. B. Organization Profile and Qual1fication~ This section of the proposal must describe the Proposer, including the size, range of activities, etc. Each Proposer must be authorized to do business in the State of Florida and, if a corporation, must be incorporated under the laws of one of the States of the United States, proof of same must be provided. The Proposer must emphasize its expertise in, and experience with similar programs. The proposal must identify the primary individuals responsible for supervising the work. The Proposer shall provide the County with the resumes of the primary individuals. The proposals must also include recent and pertinent references, including bank references, contact name, telephone number and address. If the proper is a contractor, and if the proper intends to apply fro building permits themselves, the proper must be a licensed contractor in St. Lucie County. C. Scope ofW ork This section of the proposal should explain the Scope ofW ork as understood by the Proposer and detail the approach, activities and work products to be provided. D. Compen~ation The proposal shall identify the proposed compensation on the attached proposal from. All proposals must include a proposal in the form and format of the attached proposal form. E. Additional Data Any additional information which the Proposer considers pertinent for consideration should be included in a separate section of the proposal. -9- - .... ..,. \.f \J EVALUATION OF PROPOSALS PARTlY 4-1 EVAUJATTONMETHOD 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 fmancial capability, reputation, integrity, skill, business experience and quality of performance under similar operations of each Proposer, including stockholders and principals before making an award. Awards, if any, will be based on both an objective and subjective comparison of Proposals and Proposers. The County's decisions will be final. The County's evaluation criteria will include, but shall not be limited to, consideration of the following: 1. Qualifications of Proposer; 2. Verification of Availability of Qualified Personnel; 3. Past Performance Records! Ability to Meet Set Standards; 4. Expertise of Human Resources; 5. Past Contracts with the County and Other Governmental Jurisdictions; 6. Time Frames; 7. Cost; 8. Financial Resources and Capabilities; 9. References; and, 10. Technical Soundness of Proposal. B. Selection The Board of County Commissioners may conduct the selection process or at the option of the Board, it may be referred to the Competitive Selection Committee (the "Committee"). Either the Board or the Committee will review all proposals received and establish a list in order of preference of Proposers deemed to be the most qualified to provide the service requested based on the criteria set forth above. Alternatively, the Board may direct the Committee to establish a "short list" of Proposers and rank the proposals. The "short list" and ranking shall be submitted to the Board. The Committee or the Board may request oral presentation rrom the Proposers when establishing the priority list. If the list of Proposers has been prepared by the Committee, the list shall be submitted to the Board for approval. At the option of the Board, either the Board or the Committee shall attempt to negotiate a contract with the most qualified Proposer at a compensation which is fair, competitive and reasonable. If the Committee or the Board is unable to negotiate a satisfactory contract with the first Proposer, negotiations with that Proposer shall be terminated and the Committee or the Board shall attempt to negotiate a contract with the next most qualified Proposer. If these negotiations are not successful, negotiations shall be terminated with the second Proposer and attempted with the third -10- .... - - ~ ..¡ most qualified. If the Board or the Committee is not successful in negotiating a satisfactory contract with any of the selected Proposers, the Board or the Committee shall select additional Proposers in order of their qualifications and continue negotiations until an agreement is reached or if no agreement can be reached the Board may reject all proposals and may re-advertise for new proposals. All contracts negotiated by the Committee shall be subject to final approval by the Board unless such approval is waived by the Board. -11- ---- - .... \.I \wJ PROPOSAL FORM 1. Qualifications of Proposer; List all qualifications of the proposer or proposers. Qualifications include, but are not limited to, educational experience, technical experience, and experience in projects of a like nature. 2. Verification of the Availability of Qualified Personnel; A certification as to the availability of key supervisory and control personal for the company or company's submitting the proposal. This verification shall specifically identify the office location of all key project personal. 3. Past Performance Records! Ability to Meet Set Standards; Provide a detailed summary of the pastperfonnance record of the company or companies which are submitting the proposal. 4. Expertise of Human Resources; Provide resumes or other suitable profiles of the principal or principals in charge and all other key personal of the company or companies which are submitting the proposal. 5. Past Contracts With The County And Other Governmental Jurisdictions; Provide a summary of any past or present contacts with S1. Lucie county or other governmental jurisdiction involving similar projects as to this request for proposals. 6. Time Frames; Provide a complete perfonnance schedule, including an identification of all key or milestone dates. 7. Cost; Provide a detailed, preliminary cost estimate for the proposed project -12- .... - ..... ..... ....,,¡ 8. Financial Resources and Capabilities; Provide complete details on the financial resources of the company or companies involved with the proposal and how the proposed project will be financed. 9. References. Provide references for past projects. -13- - '-' '..".I AGENDA REQUEST ITEM NO. (-3 DATE: March 9, 1999 REGULAR [ PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Human Services Beth Ryder, Manager SUBJECT: Acceptance of the 1998/99 U.S.C. 5307 Federal Transit Admlnlstration Grant, FL-90-X365, approval of Budget Resolution 99-66 and approval of the contract to expend these grant funds with the Council on Aging of St. Lucie, Inc. BACKGROUND: Since FY1992/93 St. Lucie County has appHed for grant funding from the Federal Transit Administration to fund operating and capital costs for the pubHc transit system. The Federal Transit Admlnlstration has awarded St. Lucie County $1,234,048 for FY98/99. See attached Memorandum 99-33. FUNDS AVAIL. N/A PREVIOUS ACTION: On October 13, 1998, the Board approved submission of the grant appHcation. RECOMMENDATION: Staff recommends acceptance of the grant, approval of Budget Resolution No. 99-66, authorization for the Chalnnan to execute all documents required for the grant, and approval of the contract with the Council on Aging of St. Lucie, Inc. COMMISSION ACTION: ~APPROVED [ ] DENIED [ ] OTHER: '<":':"'-':~_u_____~_ r ~ ~œ=@ œ II ~7-l-' . {i' ;j " , -''1I:'!r!!- ',."....-.'- ~ .,' --"0-: _:: i 11M; 3 i9.9.9 i~...____.., i"',F' " ".1-/ 'v '------ 'n: i County Attorney:x~,., Originating DePl~ FInance: (Check for Copy only, If appUcable 1. Purchaslng:X COPY ONLY Management &. Budget:X Other: Other: '-'" """ HUMAN SERVICES MEMORANDUM # 99-33 TO: Board of County Commissioners !1 () Beth Ryder, Human Services Manager ~ FROM: SUBJECT: Acceptance of the appücation for the 1998/99 U.S.C Section 5307 grant. DATE: March 9, 1999 Since FY 1992/93, St. Lucie County has appüed for and received grant funding from the Federal Transit Administration's Section 9 program to fund operating and capital costs for the contracted transportation provider for St. Lucie County, Council on Aging of St. Lucie County/Community Transit. Attached is the award of the 1998/99 U.S.C. Section 5307 (formerly Section 9) grant funds for capital and operating assistance. The appücation, as filed, requested a total award of $1,377,399.00. When the FY 1999 Governor's apportionments were identified, St. Lucie County was awarded a grant in the amount of $1,234,048.00. The funds will be used for replacement of vehicle tires, batteries, preventative maintenance of buses and other operational costs. Included in this appücation is an administrative fee of $10,000.00 for St. Lucie County. Since there are no vehicles, the required match will be fulftlled with funds the Council on AginglCommunlty Transit receives from other sources. This grant wlll have no impact on the 98/99 County budget. For the first time, the FTA required all grants to be electronically filed and on October 13, 1998, Resolution No. 98-248 was approved by the Board of County Commissioners authorizing the Human Services/Community Transportation Coordinator to file the grant for the County. STAFF RECOMMENDATION: Staff recommends the acceptance of the grant, approval of Budget Resolution No. 99-66, authorization for the Chairman to execute all documents required for the grant, and approval of the contract with the Council on Aging of St. Lucie, Inc. '-" ......, UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT (FTA G-5, October 1, 1998) Upon execution ofthis Grant Agreement by the Grantee named below, the Grantee affirms the U.S. Department of Transportation, Federal Transit Administration (FTA) Award covering the Project described below and enters into this Grant Agreement with FTA. The following documents are incorporated by reference and made part of this Grant Agreement: (1) "Federal Transit Administration Master Agreement," FTA MA(5), October! 1998; and (2) Any Award notification containing special conditions or requirements, if issued. FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS AFTER THE OBLIGATION DATE OF THE FT A AWARD. FTAAWARD FTA hereby awards a Federal grant as follows: Project No.: FL-90-X365-00 Grantee: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Citiation ofStatute(s) Authorizing Project: 49 USC 5307 - Urbanized Area Formula Estimated Total Eligible Cost: 1,882,560 Maximum FTA Amount Approved rIncIuding All Amendmentsl: 1,234,048 Amount of This FTA Award: 1,234,048 Maximum Percentage(s) ofFTA Participation:Percentages of Federal participation may be computed based on the data in the Approved Project Budget. Any other requirements or restrictions are included in the Conditions of Award DEPARTMENT OF LABOR Certification(s) of Transit Emplovee Protective Arrangements: Original Project or Certification Date (Amendment Number) o 01/13/1999 Project Description: See. Approved Project Budget and Conditions of Award below FY99 Section 5307 - Capital and Ope Conditions of Award: '-'" ....,,; Awarded By: Susan Schroth 02/22/1999 Regional Administrator '-" '....,I SUB GRANT AGREEMENT THIS SUB GRANT AGREEMENT, made this day of , 1999, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: I. The County shall disperse to the Council a subgrant in a total amount not to exceed one million two hundred twenty -four thousand forty-eight and 00/1 00 dollars ($1,224,048.00) pursuant to the 1998-9949 U.S.c. Section 5307, formerly Section 9, Grant Agreement (FTA Project Number FL-90-365), between the United States Department of Transportation, Federal Transit Administration and the County, hereinafter referred to as the "Grant Agreement". The parties hereby acknowledge and agree that the total amount of the award to the County under the Grant Agreement is one million two hundred thirty-four thousand forty-eight and 00/100 dollar ($1,234.048.00) of which ten thousand and 00/100 dollars ($10,000.00) shall retained by the County for administration of the grant. The Council shall submit requests for payment to the County in a form acceptable to the County and in accordance with the terms and conditions of the Grant Agreement and this Agreement. 2. The grant shall be used only as set forth in the Grant Agreement and the Grant Application, incorporated herein by reference. In accordance with the terms of the Grant Agreement, any vehicles purchased with grant funds disbursed pursuant to this Agreement shall be co-titled in the name of the County and the Council. A County property record number shall be affixed to any equipment purchased with the grant funds at a cost of five hundred and 00/1 00 dollars ($500.00) or more. The Council agrees to coordinate with the County Purchasing Manager in the purchase of any vehicle or other equipment pursuant to this Agreement. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to the Grant Agreement, the Grant Application, and/or this Agreement, any money not so used shall be reimbursed to the County. 5. The Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. In the alternative and subject to prior written approval of the County Budget and Management Manager, the Council may submit qualifying paid invoices in lieu of a certified audit. In addition, the Council shall provide the County with a copy of the Council's annual audit for each fiscal year during which the Council expends funds received pursuant to this Agreement. The Council shall submit all documents required under 1 ....., ...,,¡ this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under this Agreement. 6. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Council shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Councilor its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Council agrees to comply with all local, state and federal laws, rules and regulation, the terms of the Grant Agreement, and the certifications accompanying the Grant Application.. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 WITH COpy TO: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 TO THE COUNCIL: Council on Aging of St. Lucie, Inc. 1505 Orange Avenue Fort Pierce, Florida 34950 2 '-" ...,,¡ 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Council agrees to use said forms. 12. The Council represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (1997) and as may be amended from time to time. The Council further represents that no person having any interest shall be employed for said performance. The Council shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Council's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Council may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Council. The County agrees to notify the Council of its opinion by certified mail within thirty (30) days of receipt of notification by the Council. If, in the opinion ofthe County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Council, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Council under the terms of this Agreement. 13. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for S1. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 14. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 15. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 3 ~ .~ IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: COUNCIL ON AGING OF ST. LUCIE, INC. BY: PRESIDENT SECRETARY (SEAL) g:\atty\agreemnt\contract\coa-sec.5307. wpd 4 ~ ~ ;..-r \ t:-' ITEM NO. ---º=- ~ DATE: ~ - q- 91 REGULAR [ J PUBLIC HEARING [ J CONSENT [x J AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMllTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ~ APPROVED [] DENIED lJ OTHER: ~,. County Attorney: Originating oe~ C- /""'3~ I PRESENTED BY: Jack Doughney Director of Leisure Services 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 NIA Staff recommends the Board approve the Grant Agreement with the St. Lucie Mural Society in the amount of $3,500, approve Resolution #99-57, and authorize the Chairman to sign. RRENCE: Coordination/Siqnatures M9l&BUdge~ Other: Purchasing Mgr.: Other: '-' ..." e.- L/~ 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 9th day of March, 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 9th DAY OF MARCH, 1999. A TIEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY A TIORNEY (\wi (....,¡ 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 final 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 loAnn 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 organi7.ation of the Mural Society, or its management, or 1he manner of carrying on the work be manifestly incompetent, or inadequate to do the work specified within the stted 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 planned within the required. time and to charge the cost of all such work against the Mural Society and his, or its Surety shall beheld 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- ~ t-' 4. CONTRACT PAYMENT The County shall pay the Mural Society for the perfonnance of this Contract and satisfactory completion of the project in accordance with the tenns 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 finaI 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 deem; it inexpedient to require the Mural Society to cocrect 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 RESPONSffiILITY 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 -2- ... ('W ('-' 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 performance 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 confonnity 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 operatims. Certificates to all insurance required under this Contract shall be filed 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. AITORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the -3- " ... .....- -- --- ... ~ ( ...., event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, the prevailiIg 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 f1lirg . a lawsuit. The parties shall agree on a mediator chosen from a listof 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 DEPUTY CLERK BY: CHAIRMAN WITNESSES: ST. LUCIE MURAL SOCIETY BY: NAME: TITLE: G:\A1TY\AGREEMNT\CONTRACI\MURAL.SOC.BASEBALL. WPD -4- '-" ....", AGENDA REOUEST ITEM: C-4B DATE: 03/09/99 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONER PRESENTED BY:Jack E. Douahney Department Head SUBMITTED BY (DEPT): Leisure Services Aquatics Division SUBJECT: Adding $2,250 to Equipment Request No. EQ99-097 for the purchase of Geo Thermal Heaters for Port St. Lucie Pool. BACKGROUND: Leisure Services/Aquatics Division was approved Geo Thermal Heaters for Port St. Lucie Pool (EQ99-097) for the current fiscal year in the amount of $25,000. The heaters were put out for bid but no bids were received. A quote was submitted by Gulf Associates Control Inc. as manufacturer of the heaters for $27,250. This vendor has been approved as a Sole Source Vendor for this quote. As the $25,000 budgeted is insufficient, we are requesting to take the additional $2,250 from Parks Division Capital Equipment Budget on monies saved from items already purchased. Funds would be transferred from Parks Fund#: 001.7210.564000.700 into Aquatics Fund #: 001.7216.564000.7106. FUNDS AVAIL: Funds will be available in Fund#: 001.7216.564000.7106 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board of County Commissioners approve increase of $2,250 for Equipment Request No. EQ99-097 and transfer of the $2,250 from 001.7210.564000.700 to 001.7216.564000.7106. I ACTION: APPROVED [ OTHER: DENIED -::::::=:--..-, County Attorney: Dr'g'.at'ng Da~ Dtbar, Finance: (Check for copy on , cable) ~. Coordination/Sianatures Mgt. & Budget--Yl^. c..b v Purchasing: cJ:> Other: , -, .. - . '-' ....,¡ c~- l( I?~ LEISURE SERVICES DEPARTMENT MEMORANDUM FROM: Harvey Lincoln, Management/Budget Manager Ray Lopez, Parks Manager ~ Jack Doughney, Leisure Services TO: DATE: February 19, 1999 Directo' THROUGH: SUBJECT: Geo Ther.mal Swimming Pool Heaters/EQ99-097 ***************************************************************** For Budget Fiscal Year 1998/99, the BOCC approved Geo Ther.mal Swimming Pool Heaters for Port St. Lucie Pool in Fund#: 001.7216.564000.7106. The heaters were put out for bid but no bids were received. After conversation with Charlie Bicht, Purchasing Manager, it was agreed that this could be processed as a Sole Source from Gulf Associates Control Inc., who submitted a quote of $27,250.00. The budgeted amount for these heaters is $25,000. There is no monies available in the Aquatics Budget for this extra amount, so we are requesting to take the additional $2,250 from monies saved from the Parks Division Capital Equipment Budget on items that have already been purchased. (See attached for amount saved). We are requesting that $2,250 be transferred from Fund#:001.7210.564000.700 into Aquatics Fund#: 001.7216.564000.7106. If I may be of further assistance in this matter, please contact me at your leisure. RL/hh h:\wp\haaters cc: Charlie Bicht, Purchasing Manager Peter Keogh, Special pacilities Manager Bill KeNeely, Karine Safety Coordinator E.TO.L1NE TRANSFER REQUEST FOR DEPARTMENT: LEISURE SERVICES I AQUATICS DATE: : ¡.~~!l'J~i' '.J:,I~' I ~ /ú,{t"tj\:I,I,.~ [.ì"1:1:.1: ,:'It~¡to;1ij,~'·1\·I..,l'r:-.. ! ~~Y;;\'1\'!Î~ 1:1'1..1 j;~(~::: d.;:i=¡I~';· 1 " .<" .._~ ;_¥..'..-r_' ~~ .A-".~ ~ _......,.,..L: ""~' -"'''---~'' ~""" ~'-",'''' ; 001.7216.564000.7106 CAPITAL EQUIPMENT 2.250 25,000 FROM: 001.7210.564000.700 CAPITAL EQUIPMENT 2.250 196,767 REASON FOR TRANSFER: AQUATICS DIV WAS BUDGETED 25.000 FOR POOL HEATERS. SOLE SOURCE QUOTE WAS FOR 27.250. EXTRA MONEY IS NOT AVAILABLE IN AQUATICS OPERATING BUDGET. SO ARE REQUESTING THAT FUNDS BE TRANSFERRED FROM PARKS CAPITAL EQUIPMENT MONIES SAVED FROM ITEMS ALREADY PURCHASED. SEE ATTACHED FOR MONIES SAVED. DEPARTMENT APPROVAL: RAY LOPEZ. PARKS MANAGER PHONE #: 1524 JACK DOUGHNEY. 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(I) ä; ~ :t. :J: S· ~ ::J ëri g. cQ' coQ) ~ ëa , ::r CD.Q ~ r'A !3: Q) c:: .....: UJ -.I ~ CD ;'g.~Q)(I) CD 0 õ' a (i) g.OCDc::Q. o;:><~o- CD UJ CD _ "<: g. ~" ~, ~. ~ CD;;;¡CD--CD :3 (i)Q) 8."'tJ õ· Q) =:3 -, 0 Q) :3 Q.c5 ~ è(l)Q)(I)~ (I) 0 "0 ::E ' Q) g en 3' r- co __ ;E c:: ~CD Q. _. :3 Q. (I) s;- :3 S· CD Q)~:3CO() s, ::J' s' CD 0 ,~ Q) co (I) ~ -- .....' (I);;;¡ :3~:-IQc:: OCD:J"-.I::J ::J CD (I) ;::;: CD -g ()) Õ' '< "<:Oo~Õ' :-"0 ~ ~ -- -- c:: (I) :Þ o o o c: z ~ z c: 3: OJ m ~ o o ..... I -...¡ I\J ..... ~ 01 0) ~ o ~ -...¡ ..... o 0) c c <: m Cñ ~ o ~ Z 3: m z :-:I ~ &1 ::0 en ~ §5 111 ~ en ~ g} ~ ~ 111 en :Þ " "V m "V 0 " 0 o 3: < 3: m ~ ~ c m c .. ~ ~ en 0 C/) ~ mï DC: c:Q =õm 31:0 mO zc: -4Z ~~ DaJ C:o m> c/)" -40 "0 0" "0 !!o C/)C: Oz ~~ -<0 mo >31: "31: - - CDC/) CDC/) co- '0 :gz m " C/) · ~ """ LEISURE SERVICESIP ARKS CAPITAL EQUIPMENT FY 1998/99 # lTEMlEQ# BUDGETED $ ACTUAL COST $ SAVED 1 Riding Mower win" DecklEQ99-056 $ 16,000 $14,321 $ 1,679 2 Riding Mower w/60" DecklEQ99-057 $ 12,500 $13,811 ($ 1,311) 3 Riding Mower win" DecklEQ99-058 $ 16,000 $14,321 $ 1,679 4 Rotary Mower w/50" DecklEQ99-059 $ 6,500 $ 6,000 $ 500 5 Riding Mower w/52" DecklEQ99-060 $ 6,000 $ 6,000 $ 0.00 6 Riding Mower win" DEcklEQ99-061 $ 16,000 $14,321 $ 1,679 7 3 Wheel Riding Mower/EQ99-062 $ 15,000 $19,500 ($4,500) 3 Enclosed Cargo Trailer/EQ99-063 $ 7,500 $ 4,555 $ 2,945 9 Riding Mower win" DecklEQ99-064 $ 16,000 $14,321 $ 1,679 10 Utility Cart w/Dumpbed/EQ99-065 $ 7,000 $ 5,894 $ 1,106 I 11 Equipment Trailer/EQ99-066 $ 2,000 $ 1,395 $ 105 12 Two Wheel Dr Tractor/EQ99-067 I $ 15,000 **$15,123 ($ 123) 13 Diesel Water Truck I $ 55,000 Out for Bid 14 Equipment Tmiler/EQ99-069 $ 2,000 $ 1,895 $ 105 15 Utility Cart w/Elect Dump/EQ99-070 $ 7,000 $ 5,025.40 $1,974.60 16 One Ton Flatbed TrucklEQ99-071 $ 20,200 Central Services 17 Equipment Trailer/EQ99-0n $ 2,000 18 Rotary CutterÆQ99-073 $ 3,000 $ 1,850 $ 1,150 19 Hand Commercial Mower1EQ99-0i 4 $ 800 $ 795 $ 5 20 Top Dresser $ 4,000 21 20' Equipment Trailer/EQ99-076 $ 4,000 $ 2,475 $1,525 22 Hand Commercial Mower/EQ99-077 $ 800 23 (4) Slide in DumpbedsIEQ99-079 $ 12,000 Out for Bid 24 Utility Cart w/Dumpbed/EQ99-080 $ 7,000 $ 5,025.40 $1,974.60 TOTALS: $253,300 512,172.20 Amount Saved. 512,172.20 H:\WP\EQUIP99 · . , ~ JUSTIFICATION '-I FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Man~ the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, service, or construction item. 1. Propose to procure Two (2) Geo Thermal Pool Heaters for Port St. Lucie Pool. Requisition # 2. A5 a sole source procurement from: Gulf Associates Control, Inc., P.O. Drawer X, Deerfield Beach, FL 33441 3. The basis for this sole source determination and the reason no other vendor is suitable is: The heaters were put out for bid the first of October. No bids were received. A quote was received from Gulf Associates Control Inc. for $27,250.00 We are requesting this quote be considered a Sole Source for Gulf Associates Control because they manufacture the Geo Thermal Heat Pump under U.S. Letter Patent #3.513.663 and U.S. Letter Patent #4.653.287. February 22, 1999 Date Leisure Services Director Title NOTE: 1. Enter description or goods or services to be proc:ured. 2. Enter name or sole soma: conua.c:tor'. 3. Enter the detenDiDatioa aDd basis fOC" sole source procurement. 4. Anad1 sole source leW::r from w:ndor aDd departmeut. 5. Proposal from YeDdor with pric.in¡. (y)Approved ()Disapproved d1 ¡R-J; Purchasing Director Z-(-z.,L{( qq Date ,..., GULF A::;:foe I ATES. CUt·HROL. 3Ø5"'~63?7 ~: tiJruµU1uh .' \. , .' ,:;tc' i \ ..; GULF ASSOCIATES CONTROL, INC. . ,P. O. Drawer X DEERÆLO BEACH. FlO~IOA 33441 I PJant t.ocatlof1: Deerf\eld BdL. Aa. hcWî~. ~ f'hOM~ PItOHl 156 I 6 '2.,-1.5'-1 2- .101 NA~ fP~ IzT .:>T LlJO Joe ~OCA 'ION .' , .' ; I~ ~ U f\ Ti C; .(: GN TE.:R;. c:;~ J3rL L f--kf'J 6.1:' L.: ,I ¡ , \ L< ,~ ~ I " d i!: AI..,....' I. ...r..I..d to .. .. ,..c""d '"~ ....... .. .. c.......·· " · ........-. ' , !'/! ,'T _ ............. ,. ._I<III!I~IIc", "..'01......... devlA_ I... -*.-.... .,".' _., ..,.. ..... 0'" .....~.....~ ~,.. ......... d'_ - "II,~ lJìJ:::::' -:.-.::.::~.~~':: :.:::-,,:::::~.::;:; ,=~~":';;.=::.::::. . :.. ,'''' '.~~''''_' '"..... _... ..~.. .. ..__. 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IR ICIJR:Jt teAT .......-s tUma . ~j'!:,:' r';~" ! ' '. . .. ·..k I"~, !! ..,~;::;. , '.' r~'; . (.) ..á- 1DI1'1. )-"",,",,' .sid c ~ R _. .../.... -",,;' ".DC"" IIT'J/q., ð.~."",': .'~ "',11:" (hI CD.ao-UtÇl'LS (B" U._, .....RATO. COILS, ell U..... .Ib. · root. ~tOS, U.'· ~ ~~i:'!'!', í':l$!.'r..'.:;; (0) '1'3CUMSU¡ caœtu:ssott, ACcUHUU:1'OR, HOMBYWBr.L THJ:RItOSTAt AMD S1'AltI.tSØ .S1~.~¡~.'..."..'.'.:'.:::¡a f";~I'i?~' (d) 1)11.. : ~... WELt. PUMP, ;2" SUl'PL1í WELL, t::l!,.c. ._J)ISCJI1úIG.~ lû.!('¿)t/i(,<Y'f~'~:L. !'¡iI"< (0' ..V.C. .U.'L' JUlD ....".. 'IP"'. "" BY ..~ .. POOL Ptl"". I "'.4{,....·V-<W! Ii i.i:. If) 2.-'30 VDt.r KLBCtRlCAL 1'QØR , COWTROI. WIRlKp fOR H&\'fIR AND WLI..,pœcp. . .;.......:' ><.' ~{: . idj~.. ~.! '01 ()';Ó YR, .... nRV1CB. ....... ..... """'I .... <:It """'In,...· : . .'...., ..t:.~t.·.?'.,,~.....,t"".'.:"~.'!...'. T:. fiT". (h) ALL B¡w.X1)OfIiNS DOl '1'0 "ISun OR tllGLlGlllffACTS BY arHUS WILL UCw)I'J~r- ~~~! :~ (1)""" ..... "" W. ..Drr'.... D..... IF ¡¡GtUD.............. ...~..~:~.!! I. ~. (j)4 YR 1oDDlflONAL ÞlANUlACTUØR1S IIAJl.RAHn 0 CQM1'RlSSOR. INSTALlA'!101í IS HO~i 1~~Ji . I),. (K ~~~~Wc:~U~~~tURt~~'¡'g~~~::Nit~N~;~ , ~} . i.~ NOH'..... ~~y CO" ...DIGII ... .... ¡.". ~.; :~. . .J ') " ~t 'u l'JUI)ICA'1'Ø)' OM AM AVSRAGa 1I&A'r:I!tG S&ÚoM" KU;Ø'1'AIMDtG YOUa'JOOL A;' ez-·r.A:"Øù.';I:h ¡:~;',f .;,.;, _""''' 01>""" ..".... COO. <:It ......""'" .¡.a.u. .. ... · ß:F'" ,,¿""', 0 ,,: I.; .. -' .,~: .i,q ¡¡;;: i"""'" .. .. "!""'''..... "8" <> ._... ~- ~,. -"". "ii' 41'/,;(;:1./,1;111,('1 . ii'''', : . I ~,.- u.su) "'!-__T .~:~,. . .-./1' !''!'., w,.;:t.- n.oa1DA SOUR ItiBIU;Y CDI'1'IR Nft'ICIPATED YB.uL1I' gar cðS't .1Ti"~ íœÍo:.h~ 3~ ~ ,~ .. 6;*),srl ¡ouøL10 IJiJ'OAAATIOK orrIC~ tDll/W. ~R1CAlo cost WITH GBô ~ i)..L; .. .' ~,r~-"'" '. .....-_22---0> """ ''''' .- .. j..~ A"... ~:þgr. >:rt{::,;,;,~:~ ~.f )tarsi utlI'f CAPACITY 18 C:O"STAlfT 24 HOUU A DAY, gQAJU>L"'U ri ()O'rDOOâfti4joÎ~1Y~3((..4.; "1,.o:ø IIlGHIS"I C9MS'fAlC'1' ørICIøcy nuoRKAØCI 06 [MY O'I'øa '!YR;qr ~~~ò:'~:;~"~'111!:a, . Vk~~IIEKJ' AT 70·': 10... MORE 1U..ICIan" AT .,,-IPI 100"" NOf!S E....Ic:IENrATio~il··,.?;'"'k.' ~t.r.- ~T PUlPS ,RaU: ~ ~ ..-,. NfD+IR c.vr.clTY 'EIIØ'IJ'TO NU.·.~,~:~,:i: ".\ÌÎqtaJltt øf ,røpøAI_ "" _...~_,_ .- :...I.....i:~~!!i' .~. ~ ,.. ......c,toIY and .... Mt"y ,co.,!Itd. VOol............ IunI . ,. .. ,J Cr.: ~~.¡ ... ¿ ~ .. __ It........ ...-,-,... -. ..... .. OUIIIMII___. ! ., . .,: ~. . I' ;:: . .. , . t :.'.i ..J,j< . I .' I .' . .'. .'::, " .:..' ....,. " ..~ ..I!oïItiiIllMII.IrNlt: . ,__ I·· ;·,··'I··,·,,·-··H.'·t.·....· ~_ l- ~ - ::.~ :':':'~~'~~;.::: .¿:~i :~:'::81: . - '"i~-·. ~ ,,~, ;, t !~t;AAOCIATU ~.ftØI... lNC -0 QN.n:~ x gajør,cLf.uot. n. UUI"'(1m i~; ASSOCIATES C9NTROL. INC~AS INCO~PORATEO IN 1~68 TO ENG-;ER:, iOES'G~ ÁliDy:i+; "M_ UfACTURE WATER' SO.UAC.£ tiEt\T P'U,MP S,\JJ.HMlNG P.O.O,L HEÁTING AH.D c.ÐAlJ.NGUH,I.T:S.",~':<,\·n:;~~:>! . ,'1,: ~1',: , ',1\\](" ,.' ,..,......'. ,......" ":·,:1,·:>,;.,1, t :d;.~ !I,m,~i. C . I NC WAS VERY AtTIV E IN THE f I ELO Of AI R CONO irION I NG D~",GH~ ~O I ~:Í'.AL,4T ¡ø~ ,. ,';:.~ ~íN~'THE 70', BUT SWIIVIING POOL HEAT PUIIPS WERE NOT SA1.EMLE OIJE"",I'T-N.E FAtT ~~E; " ;','" i,q"m % ,~ WAS $.30/GALLON AND THE HEAT PUMP HAD A LONG TEJUt PAY BA~.(. n. ~"E LAf.Ei'·7P,::"Atf. " : -~,:,' I : . JRGY CR I S I S RA I SED PROPNOE GAS TO ~ I .OD/GALLON AND THE GEO 1!11~ ~£AT, 'lI\IIIP"r~.:" .::~ "f,l,Y~ PAY BACK~ A ~I ~OR TIlE HEAT PIJI'U' liAS f!OII PREm.~. : I : .¡:~ . . Jtþ. INC HOVEO ~ROH BO.CA AATON IN 1980 TO DEERfIELO BEAC~ F.QR LAÌt¿ER'~W:[~ ,', ....'¡:(í ;' : "iD, \ANUF ACTU RE THE G. A. C: .I He GEO THERAAL HEAT pUHP UNDER U. s. L.Em1'E.R PATiEHf '!'~,¡~~)', 6&a 'õí!l! :.;.~.~.'!r..'.·.'.'.:.A......"~.~.-,O..':,U.·. S. LETTER PATENT ,.4·..'~3 .287. . :~'.. . '.:!':<:;;'¡;: ;'.;.':¿~.'i~.'.;:: f.:~~;'"!,\lj>~!, ..' .' ..' ',,:.";:~~! c'1Íia~CE 1 ~8 0 GU L F AS SOC I A TES CONT RO L I NC HAS I N S1 AI. L ED OVER SEVEN H~~DRED GEO l.HÈRAAi. '~ ',¡¡WJi>!, pUHPS THROUGHOUT BROWARD COUNTY ¡ PALM BEACM COUNTY. IN MAJÐR ·AQU.ATI C "~Üi'!IIG-~ ,~~lCç.EHrERSt HOTELS. PARKS, COijNTRY CLUBS AND CONDO"'INIUHS. ...··.·~li~! ,i!?~ê"bt ..' . ':,,: '-'\~;l. t. I N C GE ° TH E RllAL HEAT PUHPS HAW E BEEN SPEC I f I EO BY ENG I NE ERS: ¡ ARCH IiECTS FOR -:" c'~'Jf!~,fOL LOlli NG AqUAT I C TRA I N I NG CENT ER S IIlT1i NO AI. TERHA TES I4.ENT I D.NED' '.. 'i0! .-~~f~: HUNICI PAL POOLS HEATING ¡ COOLING OEO THERllAU HEAT PUHP SYS1EJ COHPLET!!"> ,. c" ~,: ~~HtS," ,.. ..' J~}.,::, 1) CITY ·OF PLANTATION (12,300 Si¡ FT POOL) ;1.;.~'-':i REF: ANNETTE PAL.lOWIC)(. REC. DEPT. 305/452 2527 ;::3#'ó:i:;::;i, 2) CITY OF POMPANO BEACH (5~OO SQ FT POOL) ~,", REF: DORI SCHAll FOUX. REC. OE?T. 305/486 4185 ~_~~1~~J;t·:~::~· , ~$û.~~, 3) P.S. COUNTY SAHTAlUCES ,POOL (5~OO sq FT HAIN POOL' KIDDV POOL) .'?i:c~~.,"'" REF: ADA I R " BRADY\ c./o DOUG OLAUGHLI N (ENGI NEER) 407/96~ 1212 It 4) FT LAUDERDALE SWIHHING HALL OF FAA,E' ¡:il~~ ~ a ~~1m~r~L) ._~,.' REF: HENRY HATTEH, CHIEf" ENGINEER 305/761 5064 . ~..t~r 5) CITY OF CORAL SPRINGS (12)00 So. FT POOL) ¡~~~~ ~: ~ ~.~~~. ~~~~¡ A~~~,L' REF: DUNCAN BRITT. ENGINEER OF REtORD -:'.~ ~..' . PETER KEOUGH I k£C. DEPT. 305/3~4 5971 ¡;~~l 6) ~~;; O~u~~EB~:~~OE~~I~E:O~~)RECORO 305/764 6888 -'!dJJ. ";' 7) C I T'f OF LAUDERH t Lt. (sltoo SQ FT POOL) '.. ,.~~~~~ REF: GRE' PICKETT. PURCHASING DEPT. 305/730 3080 . ,iI..¡ 8) ~Ê~; C*~~ :o:~o~~u~~ :~~T~~~~~~~N(~~~!ÑE~~f'~~~/~~4 r¡%~OLJ; .~ ¡~~;:iiJ'~' ,) LAKE LYTAL P.8. COUNTY PARKS & RECREATION: (12,300 Sq fT' POOL) .' ,," r1i'Ö¡' REF: LYNN NAUC K. PARKS ¡ REC. DEPT. ~o7/il66 66)2 ' ':. ',; ",,:;., '.' ,,: -. " , k-' ,.è· . REF: TO" WAGNER, P.B.C. AACHITECTUIlAL DIVISION ' ,: "'. ..... . ,c,' :',,{ 10) CITY Of: SUNRISE, CIVI C , CULTURAL CrR. (I~ .300 SIl FT POOL)· SPECíFIE~;:J; : ;:þ c~i~ ;,~ j~ .; REF: G.M.A. CONSULTING ENGINEERS, ~o scpn GOOBIE 305173\ 7760'>!:CH':'::<:~'~ :i t'- '~.'.~~; ,111 crT,! OF.~K¡N11 .":. JOSi MATI p~. K (,.000 SQ r POOL). , i. "".i;(,i.!~';L· ~,. '::.. : :.~.'~ f' " . ,,) (¡ c¡ 9~ ):- (':/7>' e>r þé~fU¡Y - ¡>ð"1f'£.Y !>1'fÁ!J<. .. I · .':;è:+"'<'>' "Æ 1;;' i!;':~~ 13}( /116) ;- Clry o~ c~,€ /i'¡':. ~¡ðA/,¿)¿.s ( ,; ¡ ;~,~,':¡:j,:~:,A¡T' :,' ~,~:!;~." ;!' jm~ "1".' .... 1 .. 7 j ,.. . ." . ",' ',.'.v .." '" ' ,..-. . :n'4X /9 '/7) -c.ITY ðF /"LAN"TA7J(JN ; C;:'-ITAA L FA ~~">:"(jf'pt>";"i'~k ,,~1.'~', .;.' í" ..:: ¡S-:'~r:;f2kX::F~ :~'~A~Ú~H!~ ", ,.~ " , " " ,~,.,., .. ,.!. '.., . .,;.., '·'.4,;.:$i;. .'~" . : i.: ·,!·;,~'·:;;'·]~::,,~t;{;~t~ .,. . ' . ,...:R \w' f "-tIJ AGENDA REOUEST ITEM NO. C-5 DATE: March 9, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : PUBLIC SAFETY (E.M.) JACK T. SOUTHARD SUBJECT: State and Local Assistance Agreement Grant (SLA) with the State of Florida for FY 98-99. Agreement #99EM-9X-10-66-10-056 BACKGROUND: Yearly State of Florida Local Assistance Agreement Grant to be executed between the Department of Community Affairs Division of Emergency Management and St. Lucie County. Our state allocation for fiscal year 1998-1999 is $35,628.00. Matching funds are already provided in the Fy 98-99 budget. (See cover letter provided from DCA.) FUNDS AVAILABLE: 001-2510-331232-200 RECOMMENDATION: Staff recommends the Board of County Commissioners approve the agreement with the State of Florida and resolution # g9-b3 and have the Chairman sign. [~ [ ] APPROVED OTHER: ] DENIED D uglas Anderson County Administrator COMMISSION ACTION: County Attorne(~ , Management & Budget " " Originating Dept':· Other Finance: (Check .o:d Copy only, If applicable) Purchasing: Other: Eff. 5/96 -...., ......, íI C. '--' ~ ......> RESOLUTION NO. 99-63 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from a grant-in-aid to the St. Lucie County Board of County Commissioners from the florida Department of Community Affairs for the State and Local Assistance (SLA) Agreement for 1998/99. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 90d day of March, 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 001-2510-331232-200 Emergency Management $5,628 APPROPRIATIONS 001-2510-514000-200 001-2510-540000-200 001-2510-541000-200 001-2510-541300-200 001-2510-554000-200 Overtime Travel Communications Postage Training & Education $1 ,500 $1,500 $1,500 128 $1,000 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 9TH DAY OF MARCH, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ~q'!m,ard, Pµþlic Safetyp~~ Daniel S. McIntyre, County Attomey~ 99-56 TO: FROM: C.A. NO. ......, ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA DATE: January 12, 1999 SUBJECT: State and Local Assistance (SLA) Agreement Fiscal Year 1998-1999 The Agreement is approved as to form. DSMlcaf œ ŒßWŒ~ JAN I A \999 ~ PUBLIC SAFETY '-' ...., -. AGREEMENT #99EM-9X-IO-66-10-056 AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND St. Lucie County This Agreement entered into by and between the. Department of Community Affairs (Grantee) and St. Lucie County (Subgrantee), shall govern certain emergency management-related activities to be financed by the Grantee. THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties agree as follows: I. TERMS OF AGREEMENT A. This Agreement shall begin on October 1, 1998 and shall continue in full force and effect to, and including, September 30, 1999. B. The Grantee agrees to allocate to the Subgrantee the maximum sum of $35,628 which the Sub grantee will match with $35,628 to initiate the successful completion of the activities/projects in the approved five year strategic plan submitted by this Sub grantee and which are applicable to the period of perfonnance of this contract. C. It is agreed that liability of the Grantee under this Agreement shall not exceed the total funds received and allocated by the Grantee for this Agreement. D. The Grantee or Subgrantee may tenninate this Agreement for breach of contract, or in the event of non-availability of funds, with such notice as is reasonable under the circumstances. The State of Florida's perfonnance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to any modification in accordance with Chapter 216, Florida Statutes. Either party may tenninate this Agreement without cause by giving thirty (30) days written notice to the other party. E. The Subgrantee, in performing the requirements of this Agreement, shall comply with all applicable laws, rules, regulations, ordinances and codes of the federal, state and local governments. The payment of funding provided by this Agreement is contingent upon compliance with all applicable laws, rules, regulations, ordinances and codes of the federal, state and local governments. Non-compliance may result in the withholding of funds and the suspension and tennination of this Agreement. '-' .....,¡ Il. REOUIREMENTS AND ASSURANCES A. General Provisions. The Subgrantee hereby assures and certifies that it will comply with all applicable regulations, policies, guidelines and requirements, including 44 CFR (Code of Federal Regulations) Part 13 ("Common Rule") and the Statement of Assurances included as Attachment A to this Agreemeent, 44 CFR Part 302, Office of Management and Budget (OMB) Circulars A-87 and A-I33, as they relate to application, acceptance and use of federal funds under this Agreement. Subgrantee also certifies it shall comply with chapter 252, F.S., Rule Chapters 9G-6, 90-7, 90-11, and 90-19, F.A.C., as a condition of the receipt and acceptance of funds under this Agreement. - B. Lobbving. 1. The Subgrantee certifies, by signing this Agreement, that to the best of his or her knowledge and belief, no federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 2. Pursuant to Section 216.347, Florida Statutes, the Subgrantee agrees that no funds from this Agreement will be expended for the purpose of lobbying the Legislature or a state agency. C. Scope of Work. The Subgrantee will comply with the approved "Five Year Strategic Plan", hereinafter referred to as the "Strategic Plan", submitted by the county describing the activities/projects to be accomplished this year under this State and Local Assistance (SLA) Agreement. Such approved Strategic Plan is on file for Subgrantee and has been previously routed for approval with the Subgrantee's Emergency Management Preparedness and Assistance (EMP A) Base Orant. At a minimum, Subgrantee shall complete those tasks identified in its Strategic Plan to be perfonned during the period of this Agreement. Failure to timely complete tasks identified in the Strategic Plan may constitute grounds for withholding funds and suspension and tennination of this Agreement. D. ComDensation and Financial ReDortinQ Reauirements. 1. The Subgrantee shall use the funds available under this Agreement to pay for State and Local Assistance personnel, travel and administrative expenditures. OMB Circular A-87 should be used to provide guidance concerning allowable and unallowable expenditures. The Subgrantee may receive full reimbursement of all eligible expenditures incurred during each quarter for costs incurred in the satisfactory perfonnance of work hereunder in an amount not to exceed the total allocation shown in Paragraph LB. of this Agreement. 2 '-" .....,; 2. Expenditure Reports/Reimbursement Requests must be submitted to the Grantee on a quarterly basis and are due within thirty (30) days after the end of each quarter. Progress reports must be submitted to the Grantee on a semiannual basis according to the requirements set forth in the Subgrantee's EMP A base grant for the same fiscal period. A final Close-out Report is due within forty-five (45) days after the tennination of this Agreement. The Subgrantee shall not receive reimbursement for final expenditures until the final EMP A progress report is received, previous payments are audited and final approval has been made by the Grantee. 3. Any acquisitions that exceed $5,000 (each item) must hãve prior written approval from the Florida Division of Emergency Management (DEM) Director's Office. E. Fiscal and PrO!!ram Accountabilitv. The Subgrantee must establish fiscal control of subgrant funds and required matching expenditures as required in Federal Emergency Management Agency (FEMA) regulations and OMB Circulars. The Subgrantee acknowledges that it has full responsibility for fiscal and programmatic accountability for this subgrant. In the event the Subgrantee is unable to produce records capable of being audited without reconstruction by auditors, all funds paid under this Agreement by the Grantee to the Subgrantee shall be disallowed and subject to repayment. The accounting system established and maintained by the Subgrantee must have internal controls adequate to safeguard the assets of the Subgrantee, check the accuracy and reliability of accounting data, promote operating efficiency and ensure compliance with described management policies of this Agreement. F. Recordim! and Documentation of Receipts and Expenditures. Accounting procedures must provide for an accurate and timely recording of receipt of funds by type of expenditures made from such funds and of unexpended balances. Accounting procedures must be adequate to ensure that expenditures charged to this sub grant are for allowable purposes and that docwnentation is readily available to verify that such charges are accurate. Failure to create and maintain said documentation may result in the disallowance and recovery of funds. G. Unexnended Funds. Unexpended funds which are reflected on the [mal Close-out Report referred to in Paragraph IJ.D. above will automatically revert to the Grantee, and the Grantee reserves the right to unilaterally reobligate such funds. H. Obli2:ation of Grant Funds. Subgrant funds shall not be obligated prior to the effective date, or subsequent to the tennination date, of the subgrant period. Obligations outstanding as of the termination date shall be liquidated within thirty (30) days. Such obligations must be related to goods or services provided and utilized within the subgrant period. 3 - '-" ...., I. Retention of Records. 1. All original records pertinent to this Agreement shall be retained by the Subgrantee for three years following the date of tennination of this Agreement or of submission of the final close-out report, whichever is later. However, if any litigation, claim or audit is started before the expiration of the three-year period and extends beyond the three-year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work shown in paragraph II.C. and all other applicable laws and regulations. 3. The Subgrantee, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its public records at reasonable times to the Grantee, its employees, and agents. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean during normal business hours of 8 :00 a.m. to 5 :00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Grantee. J. Audit Requirements. The Subgrantee agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. 1. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Grantee. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 2. The Subgrantee shall also provide the Grante(" with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. 3. The Subgrantee shall provide the Grantee with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, Florida Statutes, and Chapter 10.550, Rules of the Auditor General, and to the e>..1ent applicable, the Single Audit Act of 1984,31 D.S.C. ss. 7501-7507 as amended 1996, OMB Circular A-133 for the purposes of auditing and monitoring the funds awarded under this Agreement. 4. The annual financial audit report shall include all management letters and the Subgrantee's response to all findings, including corrective actions to be taken. 4 '-" ......, 5. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and grant revenue by sponsoring agency and Agreement number. 6. The complete financial audit report, including all items specified in 1.4. and 5. above, is due on or before April 30, 2000 and shall be sent directly to: Department of Community Affairs Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 7. In the event the audit shows that the entire amount of awarded funds, or any portion thereof, was not spent in accordance with the conditions of this Agreement, the Subgrantee shall be held liable for reimbursement to the Grantee of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Grantee has notified the Subgrantee of such non-compliance. The Grantee may offset current awarded funds to reimburse for previous year non- compliance. If the Subgrantee fails to provide the reimbursement within 30 (thirty) days, then the Subgrantee authorizes the Grantee to deduct the amount to be reimbursed from any funds awarded to the Sub grantee but not yet released by the Grantee. 8. The Subgrantee shall have all audits completed by an independent public accountant (IP A) who shall be either a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IP A shall state that the audit complied with the applicable provisions noted above. K. Modification of AQreement. Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to 'writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. L. Notice and Contact. 1. All notices provided under or pursuant to this Agreement shall be set forth in writing and delivered either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below. Said notification shall be attached to the ori2:inal of this AQreement. ~ ~ 2. The Representative of the Grantee is the Grantee contract manager for this Agreement Suzarme F. Adams, Bureau of Compliance Planning and Support, Division of Emergency Management 5 ....., ....I 3. The signer of this Agreement or hislher designee shall be the County's Contract Manager. All communications, \\Titten or oral, relating to this Agreement shall be directed to himlher at the following address: JACK T. SOUTHARD 101 NORTH ROCK ROAD FORT PIERCE, FLORIDA 34945-343R Telephone#:.t>6~ 462-1736 4. All payments relating to this Agreement shall be mailelto the following address: ST. LUCIE COUNTY FINANCE DEPARTMENT ATTN: SUSAN LAWERENCF., CONTRACTS/GRANTS 2300 VIRGINIA AVRNIJR FORT PIERCE, FLORIDA 34982 5. In the event that different representatives are designated by either party after execution of this Agreement, notice of the name, title, address and telephone number ofthe new representative will be rendered as provided in paragraphs L.3. and LA. above. M. Subcontracts. 1. If the Subgrantee subcontracts any or all of the work required under this Agreement, the Subgrantee agrees to include in the subcontract language binding the subcontractor to the terms and conditions of this Agreement with the Grantee. 2. The Subgrantee agrees to include in the subcontract language stating that the subcontractor shall hold the Grantee and Subgrantee harmless against all claims of whatever nature \vhich may arise out of the subcontractor's perfonnance of work under this Agreement, to the extent allowed by law. 3. If the Subgrantee subcontracts, a copy of the executed subcontract must be forwarded to the Grantee within thirty (30) days after execution. III. STANDARD CONDITIONS A. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre-audit and post-audit thereof. B. Bills for any travel expenses must be submitted in accordance with Section 112.06 L Florida Statutes. 6 '-" ~ C. Units of deIi\'erables, including reports, findings, and drafts as specified in Paragraph II.C. of this Agreement, must be received and acc~pted by the contract manager prior to payment. D. The Grantee may unilaterally cancel this agreement for refusal by the Subgrantee to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Subgrantee in conjunction with this Agreement. It is expressly understood that substantial evidence of the Subgrantee's refusal to comply with this provision shall constitute a breach of contract. E. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 D.S.C. Section 1324a(e)[Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized alieT's a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. F. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perfonn \york as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. IV. LEGAL AUTHORIZATION The Subgrantee certifies with respect to this Agreement that it possesses legal authority to receive the funds to be provided under this Agreement. The Subgrantee also certifies that the undersigned possesses the authority to legally execute and bind Subgrantee to the terms of this Agreement. 7 ....., .....,¡ The Subgrantee acknowledges that the responsibility for complying with the approved subgrant award rests with the Subgrantee and acknowledges that failure to do so constitutes grounds for the - - - recession or suspension of this subgrant and may influence future subgrant awards. IN WITNESS HEREOF, the Grantee and the Subgrantee have executed this Agreement; FOR THE SUBGRANTEE: FOR THE GRANTEE: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: BY: Authorized County Official Authorized Department Official NamelTitle JoseDh F. MversIDivision Director NamelTitle Date Date Federal Employer ID # Catalog of Federal Domestic Assistance Number and Program CFDA # 83.534 State and Local Assistance (SLA) 8 \w' ...., Attachmcnt A ST A TEMENT OF ASSURANCES To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the Subgrantee hereby assures and certifies that: (a) It possesses legal authority to enter into this agreement, and to execute the proposed program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the disaster relief funding agreement with the Grantee, including all understandings and assurances contained therein, and directing and authorizing the Subgrantee's chief ADMINISTRA TIVE officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Subgrantee or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Subgrantee shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose state above; (d) All Subgrantee contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Subgrantee for eligible contract work completed prior to the date the notice of suspension of funding was received by the Subgrantee. Any cost incurred after a notice of suspension or termination is received by the Subgrantee may not be funded with funds provided under this Agreement unless previously approved in writing by the Grantee. All Subgrantee contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962,40 D.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-halftimes their basic wage rates for all hours worked in excess of forty hours in a work week: and (2) Federal Fair Labor Standards Act, 29 D.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-wêek. 9 '-" ...".¡ (f) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Subgrantee receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Subgrantee, this assurance shall obligate the Subgrantee, or in the case of any transfer òf such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of1975, as amended (42 U.S.c.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the perfonnance of federal or federally assisted construction contracts; affinnative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/tennination, rates of payor other fonns of compensation; and election for training and apprenticeship; (g) The Subgrantee agrees to comply with the Americans \\lith Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local govenunent services, and in telecommunications; (h) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, FS; (i) It will comply with the Anti-Kickback Act of 1986,41 U.S.c. Section 51 which outlaws and prescribes penalties for "kickbacks" of \vages in federally financed or assisted construction activities; (j) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; 10 \w' ....I (k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for th~ receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; . (1) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Àgreement to comply with the "Unifonn Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Subgrantee will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (m) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593,24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 D.S.C. 469a-l, et seq.) by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Presenration Office, the Florida Department of Community Mfairs and the Advisory Council on Historic Presenration, (P A)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (N1IPA), 16 U.S.c. 470f, and implementing regulations in 36 CFR part 800. (4) When any of Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 eFR 800.(2)(e), the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods ofrepair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guideljnes) (48 Federal Register 44734-37), or any other applicable Secretary ofInterior standards. If FEMA determines that the eligible scope of work will not conform with the I I ~ 4 ...., Standards, Recipient agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a \\Titten agreement that establishes mitigation and recordation measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) Recipient agrees to notify FEMA and the Department if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, stonn drains, electriçaI, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property. If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties." Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do no object within IS calendar days of receipt of the treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the Councilor the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unider~ified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or miIÛmize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that. unless FPvIA specifically stipulates othef\\ise. it shall not receive funding for projects when, \\ith intent to avoid the requirements of the PA or Ù1e NHP A, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. 12 ......, .." (n) It will comply \\ith Title IX of the Education Amendments of 1972, as amended (20 U.s.e.: 1681-1683 and ]685 - 1686) which prohibits discrimination on the basis of sex; (0) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (P) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of atcohol and drug abuse patient records; (q) It will comply with Lead-Based Paint Poison Prevention .'tct (42 V.S.C.: 4821 et seq.) which prohibits the use ofIead based paint in construction of rehabilitation or residential structures; (r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 C.s.e. 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; (s) It will comply with the Laboratory Animal Welfare Act of 1966, 7 US.c. 213 I -2159, pertaining to the care, handling, and treatment of wann blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; (t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or nation origin; (u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (v) It will comply with the Clean Water Act of 1977, as amended, 42 V.S.C. 7419-7626; (w) It will comply with the Endangered Species Act of 1973, 16 U.S.e. 1531-1544: (x) It will comply with the Intergovernmental Personnel Act of 1970,42 U.S.e. 4728-4763; (y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 US.e. 270; (z) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969,42 U.s.e. 4321-4347; (aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of I 966, 16 U.S. e. 469a, et seq; (bb) It v·;ill comply with the Rehabilitation Act of 19ï3, Section 504. 29 U.S.c. 79-t, regarding non-discrimination; 13 '-" "-' (c:c) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974,42 U.S.C. 300f-300j, regarding the protection of underground water sources; (dd) It will comply with the requirements of Titles II and III of the Unifonn Relocation Assistance and Property Acquisition Policies Act of 1970,42 U.S.c. 462 I -4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; (ee) It will comply with the Wild and Scenic Rivers Ad of 1968,16 U.S.C. 1271-1287, related to protecting components or potential components of the national wird and scenic rivers system; (ft) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.c. 3510; (hh) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.c. 661-666. OJ) With respect to demolition activities, it will: 1. Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained there on. 3. Furnish documentation of all qualified personnel, licences and all equipment necessary to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U. S. Environmental Protection Agency the Florida Department of Environmental Protection and the County Health Department. 4. Provide documentation of the inspection results for each structure to indicate: a. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present 14 ,. . ~ ,'; ....." 5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify the Department promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for each site where water wells or septic tanks are to be closed along with the number of wells located on each site. 10. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act ( Public Law 94 -163). 11. Comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act [42 U.S.c. 1 857(h)], Section 50~ of the Clean Water Act (33 U.S.I368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 C.F.R. Part 15). This clause shall be added to any subcontracts. 12. Provide documentation of public notices for demolition activities. 15 ~ .." AGENDA REQUEST ITEM NO. C-6 DATE: March 9, 1999 REGULAR [ ] PUBLIC HEARING CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Nick Dragash SUBMITTED BY (DEPT) : Central Services SUBJECT: First Amendment to Contract - Space Coast General Contractors BACKGROUND: The County entered into a contract on 9-17-97 with Space Coast General Contractors to perform certain Category 1 and 2 modifications to the trusses at the St. Lucie county Civic Center. PREVIOUS ACTION: Contract dated 9-17-97 FUND AVAIL.: 315-1930-562000-1506 RECOMMENDATION: Staff recommends Board approval for the First Amendment to the contract to in the amount of $55,900.to perfor.m Category 3 modifications as per ter.ms of the contract and plans prepared by Law Engineering. COMMISSION ACTION: ~ [ ] APPROVED OTHER: DENIED ou Anderson County Administrator County Atty: () purchas ing: () Review and 1\ppro~ ~ Management & BUdget: (x) Origin. Dept: () Other: () Eff. 6/3/96 '-" ...".¡ V7 MEMORANDUM CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Nick Dragash, Manager, Central Services DATE: February 25, 1999 SUBJECT: AGENDA REQUEST First Amendment - Space Coast General Contractors, Inc. -------------------------------------------------------------------- -------------------------------------------------------------------- BACKGROUND: The County entered into a contract with Space Coast General Contractors, Inc. on September 19, 1997 whereby the contractor agreed to perform certain Category 1 and 2 modifications to the trusses at the St. Lucie county Civic Center. RECOMMENDATION: Staff is requesting Board approval of the First Amendment to the contract to perform Category 3 modifications in accordance with the contract documents and plans prepared by Law Engineering in the amount of $55,900. IóØ- NICK DRAGASH ND:bk att. , '-' ....., FIRST AMENDMENT TO CONTRACT THIS FIRST AMENDMENT made this day of 1999, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and SPACE COAST GENERAL CONTRACTORS, INC., or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR". - WITNESSETH - WHEREAS, on September 9, 1997, the parties entered into a Contract (the "September 19, 1997 Contract") whereby the Contractor agreed to perform certain Category 1 and 2 modifications to the trusses at the St. Lucie County Civic Center; and WHEREAS, the parties have agreed to amend the September 19, 1997 Contract to allow the Contractor to perform Category 3 modifications to the trusses at the St. Lucie County Civic Center. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed that the September 19, 1997 Contract is hereby amended as follows" 1. The following is added to the September 19, 1997 Contract: CATEGORY 3 MODIFICATIONS A. SCOPE OF WORK The Contractor shall perform the Category 3 modifications (the "Category 3 Work") as set forth in the following additional Contract Documents: (1) November 17, 1998 plans prepared by Law Engineering -1- ( ~ ...", Category 3 Modifications - St. Lucie County Civic AUditorium, St. Lucie County, Florida". (2) Contractor's December 31, 1998 Proposal including Contractor's Standard Exclusions together consisting of two page. B. COMPENSATION/PAYMEN~ The County shall pay the Contractor for the performance of the Category 3 Work in accordance with the Contract Documents, subject to adjustment by change order, the total estimated amount in current funds being: fifty five thousand nine hundred and nO/100 dollars ($55,900.00). Upon completion of the Category 3 Work, the Contractor shall submit evidence satisfactory to the County that all payroll material, bills, and other indebtedness incurred by the Contractor in connection with the construction of the project have been paid in full. After the work has been inspected and approved and after the Contractor has submitted satisfactory evidence of payment, the County's Project Manager shall promptly issue a final certificate. Final payment shall be due within forty five (45) calendar days after the County's Project Manager issues the final certificate. C. TIME OF COMPLETION All Category 3 Work shall be completed wi thin 6 months of the Contractor's receipt of a written Notice to Proceed from the County. 2. Except as amended herein by the addition of the preceding, all of the remaining terms and conditions of the September 19, 1997 Contract shall remain in full force and effect and shall in all respects apply to the Category 3 Work. Any conflicts, however, between the terms and conditions of this First Amendment and the terms and conditions of the September 19, 1997 Contract, shall be interpreted in favor of this First Amendment. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. (THE NEXT PAGE IS THE SIGNATURE PAGE) -2- , , '-' ATTEST: CLERK WITNESSES: (2) (1) C:\JWL\AGREE\SPACECST_IA-99.WPD '...I BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY SPACE COAST GENERAL CONTRACTORS, INC. BY, ~__ Print Name:l~l~)h, if), -:LhJd'ó/'\ Title:Hp:~~¿M ¡ -3- t - ~ ...., AGENDA REQUEST ITEM NO. C7-a DATF:: March 9, 1999 REGULAR ( ] PUBLIC HEARING ( ] CONSENT (XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Donald G Cole Property Acquisition Manager SUB.JF:CT~ Environmentally Significant Land Program InOOo North Savannas Project FCT#95-052-P56 Parcel 126 - Dawes, Dennis & Dorothy Parcel 194 _ Smola, John K. Parcel 136 - McDaniel, Morgan Parcel 200 _ Fisher, Jack Parcel 171 - Reinginger, Lee Roy Parcel 20 I _ Graft, Ralph & Della Parcel 172 - Sherblom, Ruth Parcel 203 _ McClure Scoville, Dixie Parcel 178 - Fether, Arnold Lee & Carol Parcel 204 _ Sewright, Sterling & Berdene Parcel 179 - Zapf, W.G Parcel 207 _ Remington, Robert Parcel 180 - King, Wendell & Mildred Parcel 208 _ Piranian/Banker Parcel 183 - Ruttinger, Richard & Mary Parcel 213 _ Vuyosevich, Mary Parcel 185 - Hinrichs, Eugene & Elenora Parcel 215 _ Bircheat, Katherine Parcel 188 - McNamee, Walter Parcel 216 _ Thomas, Mary Parcel 189 - Cunnignham Family Trust Parcel 217 _ Dunn, Earl & Florence Parcel 192 - Chandler, Janet BACKGROUND; Please see attached background memorandum. FUNDS A V AILABLF:: Funds will be made available in account #382-3915-561000-310035 PRF:VIOUS ACTION: August 1, 1995 - Received Board of County Commission authorization to submit Grant Application to Florida Communities Trust (FCT) for the purchase ofIndrio North Savannas Project. March 26, 1996 - Received Board of County Commission approval of the Conceptual Approval Agreement with Florida Communities Trust to purchase the InOOo North Savannas Project. RF:COMMF:NDA TION: Staff recommends that the Board approve the 23 Option Agreements for the parcels highlighted in purple, authorize the Chainnan to execute the agreements and direct staff to close the transactions and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: JxJ APPROVED [] DENIED [ ] OTHER: [X] County Attorney: [X] Originating Dep~ ____ ~ Do gl M. Anderson ~ Administrator Review and ~prova~ ! [X] Management & Bu et: .'" fJ [ ] Pur c h aiJL' : _ [. . ~ [X] Comm.Develop. if apPliC~) Effective 5/9, [X] Finance: (check for copy only, ... 'i '-' TO: FROM: DATE: SUBJECT: '....I C -72 PROPERTY ACQUISITION DIVISION MEMORANDUM Board of County Commissioners Donald G. Cole, Property Acquisition Manager March 9, 1999 Environmentally Significant Land Program Indrio North Savannas Project FCT#95-052-P56 BACKGROUND: On March 26, 1996, the Board of County Commissioners approved the Conceptual Approval agreement with Florida Communities Trust (FCT) for the purchase of 228 properties witliin the Indrio North Savanna Project. The Board authorized the use of $600,000 of the County Environmentally Significant Land (ESL) funds to match a 50% grant trom FCT. On the Attached map of the project, the parcels that are subject of this request are highlighted in purple. These option offers were negotiated at 80% ofthe maximum approved purchase price, as folfows: Parcel # Parcel 126 Parcel 136 Parcel 171 Parcel 172 Parcel 178 Parcel 179 Parcel 180 Parcel 183 Parcel 185 Par.cel 188 Parcel 189 Parcel 192 Parcel 194 Parcel 200 Parcel 201 Parcel 203 Parcel 204 Parcel 207 Parcel 208 Parcel 213 Parcel 215 Parcel 216 Parcel 217 Owner's Name Dawes, Dennis & Dorothy McDaniel, Morgan Reininger, Lee Roy Sherblom, Ruth Fether....!ünold Lee & Carol Zapf, w.C. King, Wendell & Mildred Ruttmger, Richard & Mary Hinrichs, Eugene & Elenora McNamee, Walter Cunningham Family Trust Chandler, Janet Smola, John K. Fisher, Jack Graft Ralph & Della Mcclure Scoville, Dixie Sewright, Sterling & Berdene Remington, Robert Piraniañ/Banker Vuyosevich, Mary Bircheat, Katherine Thomas, Mary Dunn, Earl & Florence Maximum Approved Value $9,000.00 $5,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $5,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 Negotiated savings =$39,800.00 Negotiated Purchase Price $7,200.00 $4,000.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 $4,000.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 · ~ "" 'wi BOCC March 9, 1999 Page Two The Qpt,ion Agreements for the subject parcels are available for your review in the Property AcqulSltIons Office, RECOMMENDATION / CONCLUSION: Staff recommends that the Board approve the option agreements for Parcels 126, 136,171, 172 178, 179, 180, 183, 185, 188, 189, 19Z, 194,200,201,203,204,207,208,213,215,216 and 217 are highlighted in p~le on the attached map, authorize the Chainnan to execute the agreements and direct staff to close the transactions and record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted: ~~o¥A'P Property Acquisition Manager CC: County Administrator County Attorney Community Development Director Leisure Services Director Finance Director Management & Budget Manager G:\acq\WPWVONNE\ENVLANDS\NINDRIO\agendas\March 9 bcc memo.wpd - , .... ~ '-' Indrio North Savannas Fcr #95-052-P56 Legend - - - Project Bounda¡y · Cloaed Transaction - County Owned · Approved by BOCC · Executed OptIon Agreement D Verbal Acceptance . StIR Negotiating I No Response c:. 'cp ~ \ ~ _ Conmmlty IJewIopment ! . .. Geographic Information Systems 1 Map pI8pII'IId FeIIIu8Iy 4, 1998 N ._..._ _flr~~'" __.... _ --...---.......... ---- __ ~.~ NII_flr..........._ , Ì>- '-" ~ AGENDA REQUEST ITEM NO. C l- (~ DATE: March 9, 1999 REGULAR [ ] PUBLIC HEARING [ CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Law Enforcement Grants - Interlocal Agreement with Sheriff for Administration of Various Grants BACKGROUND: See attached memorandum CA 99-246 FUNDS AVAILABLE: NjA RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed interlocal agreement with the Sheriff and authorize the chairman to sign the agreement. COMMISSION ACTION: r~ APPROVED [] DENIED r} OTHER: ENCE: County Attorney: +9J I.l. Purchasing: Originating Dept. oilie~ Finance: (Check for Copy only, if apPlicabl~\A~ \ Oilier: MéifCh 1,1999 4:45 PM From: .' ') '-' Fax #: 561-462-3605 Page 2 C'~... ...., Mar 1 '99 17:02 L\ß ST. LLCIE CO. AìTœt'£Y Fax:S61-462-1440 P,02 AGElIDA UQQUT lTBIIKO. DATE: March 9, 1999 UGULAR ¡ I PUBLIC HEARING { ] CONSEl'IT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMrITED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT· ta.w Ertforœment Grants ~ Interloca1Agreementwith Sheriff for Administration of Various Grani;s SAClSGRQUND: See attached memorandum CA 99-246 ruNDS AVAII.ARI..E· N/A RECOMMENDATIQli;. Staff rCC\')mm.enda that the Board of County Commiwoner.approve the proposed Interlocal agreement with the Sheriff' and authorize the cha.irman to Bien the agreement. m.....JQ. ACTIO.: [ ] APPROVED [] DENIED [ J OTHER: ccmC1JIUIBIIC)S: Douglas Anderson County Administrator 9.' ;# C>un<t"",,-_i.. 4. - ~..~ __ nOu Or~1i.q Dept. ~ ,....,. (Cae~ for Copy only, if app)iQ';)~~ \ Purcb.uin¡: Other: _ '-' "-' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 99-246 DATE: February 25, 1999 SUBJECT: Law Enforcement Grants - Interlocal Agreement with Sheriff for Administration of Various Grants BACKGROUND: Each year the County is eligible to apply for various local law enforcement grants on behalf of the Sheriff. In the past, the County and the Sheriff have entered into a separate interlocal agreement for the administration of each grant. In order to provide for more efficient and expeditious process, staff has prepared the attached interlocal agreement which provides for the administration of these various law enforcement grants. If approved, the agreement would eliminate the need to enter into a separate agreement for each grant. CONCLUSION I RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed interlocal agreement with the Sheriff and authorize the chairman to sign the agreement. Respectfully submitted, '~ Heather ~ Assistant County Attorney Attachment HYj Copies to: County Administrator Finance Director Management and Budget Manager Grants Coordinator Sheriff Knowles '-" '.....I INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made this _ day of ,1999, between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called "County" and the ST. LUCIE COUNTY SHERIFF, hereinafter called "Sheriff'. WHEREAS, Section 163.01, Florida Statutes (1997), provides that local government units and independent constitutional officers may cooperate by agreement to provide necessary and essential public services, and WHEREAS, numerous federal and state grants are available for local governments to support law enforcement efforts in their communities; and, WHEREAS, the County and the Sheriff have frequently worked together to apply and administer such law enforcement grants; and, WHEREAS, for purposes of expediency and efficiency, the parties desire to enter into an interlocal agreement governing the administration of any such future grants NOW, THEREFORE, IN CONSIDERATION of their mutual covenants and promises, the parties agree as follows: 1. GENERAL This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. 2. COUNTY RESPONSIBILITIES The parties acknowledge that the County, working in conjunction with the Sheriff, will apply for appropriate state and federal grants detennined by the parties to be appropriate to 1 '-' ...,.; enhance local law enforcement efforts. Upon receipt of such grant awards, the County will transfer the funds to the appropriate fund and/or account. The County will reimburse the Sheriff from the grant funds according to the terms of the grant contract. The County will review and submit the required reports to the granting agency on behalf of the County and the Sheriff and, if applicable, transfer the quarterly reimbursement to the Sheriff s account. The County will assure that grant administrative procedures are in place and forwarded to the Sheriff along with any updates or revisions to such procedures. 3. SHERIFF RESPONSIBILITIES The Sheriff agrees to prepare the grant applications and submit them to the County for review and submission to the granting agency. Upon receipt of such grant awards, the Sheriff agrees to expend the funds in accordance with the terms and conditions of the grant award. The Sheriff shall submit to the County Finance Department all receipts and/or other documentation accounting for all expenditures from the grant funds, as well as for local matches, as required by the grant contracts. The Sheriff shall transmit all submittals and reports required under the grant to the County for submission to the granting agency. The Sheriff shall comply with the audit provisions of such grants and shall be responsible for preparing and complying with any corrective action plan in the event that findings and/or recommendations are disclosed in the audit report. The Sheriff shall follow the grant administration procedures as approved by the Board of County Commissioners and attached hereto and incorporated herein as Exhibit "A". 4. TERM The term of this agreement shall begin on the date first above written and shall continue until terminated by either party as set forth in Paragraph 6. 2 ~ ....", S. INDEMNITY Subject to the provisions of Section 768.28, Florida Statutes (1997), the County agrees to indemnify and hold the Sheriff harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of any employee of the County while acting within the scope of his office or employment under circumstances in which the County, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. Subject to the provisions of Section 768.28, Florida Statutes (1997), the Sheriff agrees to indemnify and hold the County harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of the Sheriff or any employee of the Sheriff while acting within the scope of his office or employment under circumstances in which the Sheriff, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. 6. TERMINATION Either party may cancel and terminate this Agreement with or without cause upon thirty (30) days written notice to the other parties. All responsibility and obligations under this Agreement will terminate at such times as the grant contracts in effect under this Agreement shall have been satisfactorily implemented and terminated. 3 AGENDA REQUEST . ~ ITEM NO. (-l-C '-' DATE: March 9, 1999 REGULAR [ ] PUBLIC HEARING [ CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Post Accident Alcohol and Drug Screening - First Amendment to October 27, 1998 Agreement with Absolute Testing & Consulting, Inc. BACKGROUND: See attached memorandum CA 99-272 FUNDS AVAILABLE: Account No. 001-1330-531020 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed first amendment to the October 28, 1998 agreement with Absolute Testing & Consulting, Inc., and authorize the chairman to sign the amendment upon receipt of the signed originals from Absolute. COMMISSION ACTION: ix1 APPROVED [] DENIED -[ r OTHER: CE: u sAnderson County Administrator County Attorney: ~ Review and Approvals Management & Budget: Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable): _ · (- --, ~ ~ "-' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 99-272 DATE: March 2, 1999 SUBJECT: Post Accident Alcohol and Drug Screening - First Amendment to October 27, 1998 Agreement with Absolute Testing & Consulting, Inc. BACKGROUND: On October 27, 1998, the County entered into an agreement with Absolute Testing & Consulting, Inc. to perform pre-employment physical examinations and alcohol and drug screening as well as post accident alcohol and drug screening. The agreement provides for Absolute to conduct this screening during regular business hours. As the County has employees working each day of the week, staff has determined that it would be appropriate to amend the agreement to provide for post accident screening after regular business hours and on the weekends. Although it may be possible to wait until Monday to conduct the screening if an accident occurs on Sunday, it would not always be appropriate to wait that long if an accident occurs after 5:00 p.m. on Friday or on Saturday. In accordance with the procedures available to its other clients, Absolute will make an employee available by pager for such tests at an additional cost of one hundred and 00/ 100 dollars ($100.00) per test. Attached to this memorandum is a copy of a proposed first amendment to the October 27, 1998 agreement which provides for such after hours testing. Sufficient funds are available for such expenditures in account number 001-1330-531020. CONCLUSION I RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed first amendment to the October 28, 1998 agreement with Absolute Testing & Consulting, Inc:-;-and authorize the chairman to sign the amendment upon receipt of the signed originals from Absolute. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: ~ County Administrator Finance Director Management and Budget Manager Personnel Coordinator ""wI '-" ...., FIRST AMENDMENT TO OCTOBER 27, 1998 AGREEMENT THIS FIRST AMENDMENT is dated this _ day of , 1999, by and between ST. LUCIE COUNTY, hereinafter referred to as the "County", and ABSOLUTE TESTING & CONSULTING, INC., hereinafter referred to as the "Contractor" . WITNESSETH: WHEREAS, on October 27, 1998, the parties entered into an agreement whereby the Contractor agreed to perform pre-employment physical examinations and drug screening for the County, hereinafter referred to as the "Agreement" ; and WHEREAS, the County occasionally requires drug screening of employees involved in accidents outside of the normal office hours specified for the Contractor in the Agreement; and, WHEREAS, the Contractor is willing and able to perform drug screening for the County outside of the hours specified in the Agreement; and, NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 1 of the Agreement shall be amended to read as follows: 1. SCOPE OF SERVICE A. The Contractor will provide a physician, duly licensed by the State of Florida, to perform pre-employment physical examinations and drug screening for applicants for employee by the County and post-accident alcohol and/ or drug screening as requested by the County Personnel Coordinator. The physical examination will consist of the following procedures: 1. Comprehensive physical examination in accordance with accepted medical practices. 2, Back X-ray, chemistry profile, and chest X-ray, as requested by County. 3. Electrocardiogram, as requested by County, by a testing laboratory licensed by the State of Florida. 4. CDL physical examination, as required by County. 1 '-' "'" Pre-employment and post accident alcohol and/or drug screening will be conducted as set forth in Exhibit "A" attached hereto and incorporated herein. If the County determines that post accident alcohol and drug screening is required outside the regular business hours as set forth in Paragraph I.C, the procedures set forth in Exhibit "B" attached hereto and incorporated herein shall also apply. It shall be the responsibility of the Contractor to verify that the alcohol and drug screening procedures set forth in Exhibit "A" are adhered to by the testing laboratory. The Contractor will provide the County with written notice whenever another testing laboratory is used to perform the alcohol and drug screening. B. Upon completion of the physical examination and/ or receipt of the alcohol and/ or drug screening report, the Contractor will prepare a report on each applicant indicating whether he is physically capable of performing the duties required for the position for which he is applying and further indicating the results of the screening. In the event of a post-accident alcohol and/ or drug screening, the Contractor will submit the laboratory results from the screening. The Contractor will transmit each report to the County Personnel Coordinator within three (3) working days of the date on which the physical examination and/or alcohol and/or drug screening was performed. The Contractor shall retain a record of the physical examination, including x-rays and electrocardiogram if performed, and/or alcohol and/or drug screening, as appropriate. The records retained by the Contractor shall remain the property of the Contractor. C. The Contractor shall be available to conduct pre-employment examination for the County Monday through Friday between 8:00 a.m. and 4:00 p.m. in its office located at 729 North U.S. 1, Fort Pierce, Florida. The Contractor shall also be available to provide post accident alcohol and drug screening after the above regular business hours in accordance with the procedures set forth in Exhibit "B". All physical examinations and/ or drug screenings will be scheduled by the County Personnel Coordinator or his designee. The Contractor agrees to schedule a physical examination within one working day of the County's request. The Contractor will also schedule any alcohol and/ or drug screening, X-ray and/ or electrocardiogram which the County requests. The Contractor will provide the County with ten (10) days written notice prior to any closing of 2 '-' ...., its office for a period of more than three (3) consecutive days. 2. Paragraph III is hereby amended to read as follows: III. COMPENSATION A. The Contractor shall provide all required services, as described above, for the following charges: 1. Seventy and 00/100 dollars ($70.00) per physical examination and assessment report with CBC. 2. Fifty-five and 00/100 dollars ($55.00) per physical examination and assessment without clinical profile. 3. Sixty-five and 00/100 ($65.00) per CDL, physical examination and assessment. 4. Thirty-eight and 00/100 dollars ($38.00) per drug screening, with no charge for confirmation of a positive result. 5. Twenty-five and 00/100 dollars ($25.00) per alcohol screening. 6. Additional one hundred and 00/100 dollars ($100.00) for alcohol and/ or drug screening conducted outside the regular business hours set forth in Section I. C. 7. Thirty-five and 00/100 dollars ($35.00) per lumbar sacral or chest X-ray (single view). 8. Thirty and 00/100 dollars ($30.00) per electrocardiogram. B. The Contractor shall submit an invoice for services rendered during the previous month on or before the tenth day of each month beginning on December 10, 1998. The Contractor may not submit an invoice for services rendered more than once a month. The invoice shall set forth the name of applicant or employee, date, and time, for all services provided during the previous month. C. The County shall make payment within forty-five (45) days of receipt of an invoice subject to approval by the Personnel Coordinator. 3. All other terms and conditions of the Agreement shall remain in full force and effect. " .) '-' .....I IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS BY: COUNTY ATTORNEY ATTEST: ABSOLUTE TESTING & CONSULTING, INC. BY: SECRETARY PRESIDENT (SEAL) g: \atty\agreemnt\amend. 98 \ la-absolute.wpd 4 0!/08/99 08:34 FAX 561 ~8930 '-' 5614898930 -> HP Laser~et 3100; Page 2 ABSOLUTE TESTING ...., 14102 Rece~ved: 2/ 8/99 8:57AM; CRI.TØIA FORAFI'ER HOURS BREAm ALCOHOL TESTING · You must have a ~ ACTIVE, ac(XnlIIt with Absolute Testing & Consulti.ng. . \ · Drug Screen collections will be done after hours ONI. Y when a Breath Alcohol Test is required also. If your company does not require Post Accident breath testing. the post accident drog screen can be collected as soon as possiDle on the next regular business day_According to DOT Rules and Regulations the drug test can be collected up to 32 hours following the accident. · All equipment and required forms for Breath Alcohol testing win be provided by Absolute Testing & Consulting. However, if a drog screen collection is to be done in addition to the breath alcohol test, the employer is responsible to send the appropriate kit, chain of custody form, and shipping materiaJ with the employee. If these supplies are not available, a 5 panel NIDA (Federal) split collection will be dOJ1e using supplies provided by Absolute Testing & Consulting. · As soon as possible after the accident, the Breath Alcohol Technician should be notified (on call pager number will be provided) and directed to meet the employee at a specified location (preferably within St. Lucie County, however, Indian River and Martin County are also in the covered area). In most cases this will make it possible for the Breath Alcohol test to be performed within the 2 bour window period allowed by DOT Regulations. . If your Drug Free Workplace Policy varies D-om the standard DOT guidelines regarding post-accident testing, Absolute Testing & Consulting MUST be notified BEFORE an agreement is made for after hours service. . A fee of S 100.00 per call out will be charged to the employer'$ accoWlt for services rendered outside of normal business hoUI!. If you would like Absolute Testing & Consulting to provide after hour POST ACCIDENT Breath Alcohol Testin~ please sign and date below and fax to (561)489- 893-~ Yau will be contacted by-our representative with an non call~' phone number. Company Name: Signature: Date: Title: Phone # ( ) EXHIBIT "B" ~ AGENDA REQUEST ....,¡ ITEM NO. ê -7 0 DATE: March 9, 1999 ... REGULAR [ ] PUBLIC HEARING [ CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Tourist Development Council - Consent to Assignment of March 3, 1998 Agreement for Advertising Services from Mass Beach, Inc., d/b/a MBI Marketing/Advertising to R.J. Gibson, Inc. BACKGROUND: See attached memorandum CA 99-206 FUNDS AVAILABLE: N / A RECOMMENDATION: Staff recommends that the Board of County Commissioners consent to the assignment of the agreement with Mass Beach, Inc., d/b / a MB! Marketing/Advertising to R.J. Gibson, Inc., and authorize the chairman to sign the Consent to Assignment. COMMISSION ACTION: ~ APPROVED [ ] DENIED [ ] OTHER: D u sAnderson County Administrator 9J . Review and Approvals t county-ftttomeY:E Management & Budget: Originating Dept. Other: Finance: (Check for opy only, if applicable): _ Purchasing: Other: ~ ....,¡ 7. WHOLE AGREEMENT This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previ ous communications, representations, or agreements, either verbal or written, between the parties hereto. 8. AMENDMENTS The Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 9. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail, return receipt requested, and addressed as follows: If to County: With copy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce. Florida 34982 If to Sheriff: St. Lucie County Sheriff 4700 West Midway Road Fort Pierce, Florida 34950 10. FILING This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. 4 ......, ""wIJ IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: ST. LUCIE COUNTY SHERIFF BY: Robert C. Knowles g:\agreemnt\interloc\sheriff-grants. wpd 5 ....." ..,,¡ c - --1 D INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney . C.A. NO: 99-206 DATE: March 3, 1999 SUBJECT: Tourist Development Council - Consent to Assignment of March 3, 1998 Agreement for Advertising Services from Mass Beach, Inc., d/b/a MBI Marketing/ Advertising to R.J. Gibson, Inc. BACKGROUND: On March 3, 1998, the County entered into an agreement with Mass Beach, Inc., d/b/a MBI Marketing/Advertising to provide advertising services for the Tourist Development Council. The initial term of the agreement runs through February 28, 2000 with an option to extend the agreement for an additional year. As indicated in the attached letter from Sandra Mass, MBI is in the process of closing its operations in Florida and intends to sell all of its accounts to R.J. Gibson, Inc. Information regarding R.J. Gibson, Inc., including samples of its work, is also attached. The agreement with MBI requires County consent for assignment to a third party. Accordingly, attached to this memorandum is a copy of a proposed Consent to Assignment indicating the Board's consent to the assignment to R.J. Gibson, Inc. A representative from Gibson was present at the TDC meeting on March 3,1999. TheTDC members appeared very receptive to the new agency, particularly in light of their representation of the PGA. CONCLUSION I RECOMMENDATION: Staff recommends that the Board of County Commissioners consent to the assignment of the agreement with Mass Beach, Inc., d/b/a MBI Marketing/ Advertising to R.J. Gibson, Inc., and authorize the chairman to sign the Consent to Assignment. Respectfully submitted, ~. ~ Heather Young Assistant County Attorney '-' Attachments HY/ Copies to: County Administrator Community Development Director Tourism/ Convention Manager Finance Director Contract Administration Coordinator ....,¡ ........ ""'" CONSENT TO ASSIGNMENT OF AGREEMENT FOR ADVERTISING SERVICES THIS CONSENT TO ASSIGNMENT OF AGREEMENT FOR ADVERTISING SERVICES, made and entered into this day of , 1999, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County, and MASS BEACH, INC., D/B/A MBI MARKETING/ADVERTISING, hereinafter referred to as "MBI", and R. J. GIBSON, INC., hereinafter referred to as "Gibson". WITNESSETH WHEREAS, on March 3, 1998, the County and MBI entered into an agreement wherein MBI agreed to provide advertising services for the St. Lucie County Tourist Development Council, hereinafter referred to as the "Agreement"; and, WHEREAS, the Agreement requires the consent of the County for any assignment of the Agreement to a third party; and, WHEREAS, MBI is closing its Florida operations and has requested that the County consent to the assignment of the Agreement to Gibson; and, WHEREAS, the County is willing to consent to the assignment of the Agreement to Gibson. NOW, THEREFORE, the County does hereby consent to the assignment of the March 3, 1999 Agreement for Advertising Services between the County and MBI to Gibson, effective March 3, 1999. The parties further agree that MBI shall be paid for all services rendered, including placement of advertising, pursuant to the Agreement prior to March 3, 1999. IN WITNESS WHEREOF, the County has hereunto subscribed and MBI and Gibson have affixed their names and sealsthe date aforesaid. ATTEST: BOARD OF COUNTY COMMISSION ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN ATTEST: "'-t" SECRETARY ATTEST: SECRETARY g: \ atty\ agreemnt \ contract \ con.mbi.:rjg. wpd ...,.¡ APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY MASS BEACH, INC. BY: PRESIDENT (SEAL) .. R. J. GIBSON, INC. BY: PRESIDENT (SEAL) '-' AGENDA REQUEST 'wi ITEM NO. C-8 DATE: March 9, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Final Acceptance of the Culvert replacement project on Header Canal Road @ Canal 74 and release of retainage in the amount of $6,999.00 to the Contractor Sheltra & Son Construction Company Inc. BACKGROUND: This project involved the replacement of an existing deteriorated metal culvert with a concrete culvert. The project was awarded by the BOCC on September 24, 1996. The construction was delayed until May of 1997 to avoid the citrus picking season since the roadway had to be closed in order to complete the work, During the construction it was determined the east headwall was not acceptable. The problem was discussed and the contractor agreed to construct a new headwall adjacent to the unacceptable one. This was done at no cost to the County and the contractor waited approximately 1 year to ask for the release of retainage in order to make sure the "fix" was acceptable to the County. Upon acceptance by the County the contractor's one year warrantee period begins. At this time the contractor has requested the final acceptance of the project and release of the retainage. The work has been completed and is acceptable to the County and the staff recommends the project be closed out. FUNDS AVAIL: N/A PREVIOUS ACTION: BOCC Awarded Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . September 24, 1996 RECOMMENDATION: Staff recommends the project be accepted by the County, and the Final Payment in the amount of the retainage ,$6,999.00 be paid to the Contractor, Sheltra & Son Construction Company, Inc. COMMISSION ACTION: þl( APPROVED [ ] OTHER: [ ] DENIED CE: -- u as M. Anderson County Administrator [ ]County Attorney [x]Originating Dept. Public W rks¿Jvv- I )\1Finance rmJ (check for copy only, if Coordination/Sianatures \IIlMgt. & BUdgetß ¡,fCo. Eng ~ ~~ { j(Fiscal Control ß-f\ t'"\ [ ]Purchasing [¡4Proj. M9~ .;; ~ ¡"\ . ' G- '6. '-' ~ DIVISION OF ENGINEERING MEMORANDUM 99-48 ~:~:~:~:ª:~:~:~:~:~:~:~:ª:~:ª:~:~:~:~:~:ª:~:ª:~:ª:~:ª:~:ª:~:ª:~:3~:ª:~:ª:~:~~:ª:~:ª:~:ª:~:3~:ª:~:ª:~:~~:3~:~~:3~:~~:ª:~:ª:~:ª:~:~~:ª:~:ª:~:ª:~:ª:~:3~:3~:~~:ª:~:ª:~:ª:~§~:ª:~:ª:~:~ .-.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.---.-. FROM: Dan Mcintyre, County Attorney Don West, County Enginee~\1I February 19, 1999 fõ)Œ®ŒOWŒrñ) Uù FE9 2 5 f999 æJ TO: DATE: ENGINEERiNG SUBJECT: Header Canal & C-74 Culvert Replacement Attached are the releases of lien for the above referenced project. Please approve for correctness. If we can be of any assistance, please call Brian Barnes, Capital Projects Engineer, at extension 1707. Barn Attachments (3) cc: Ray Wazny, Public Works Director Brian Barnes, Capital Projects Engineer ~r;~\ FEB 2 2 , -; .. A~~LICA~ION FOR -3-- AND FINAL PAYMENT '-' PROJECT NAME: HEADER CANAL ROAD & CANAL NO. ENGINEER'S PROJECT NO.: 96-13 OWNER: CONTRACTOR: SHELTRA & SON CONST CO DJC. APPLICATION AMOUNT: $6,999.00 FOR PERIOD ENDING: 6-30-98 74 ~ REPLACEMENT BOARD OF COUNTY COMMISSIONERS ST. T.tlCTF. COtlN'I'Y. FLORIDA CONTRACT DATE: 05/97 APPLICATION DATE: JANUARY 21, 1999 INITIAL CONTRACT AMT. BASED ON EST. QUANTITIES $ TABULATION OF AMOUNT DUE THIS APPLICATION ORIGINAL CONTRACT AMOUNT COMPLETED TO DATE (See Attached "Estimate of completed work") AS APPLIED FOR BY CONTRACTOR $ 69,990.00 AS APPROVED BY ENGINEER $ $ $ $ $ $ $ $ (-) $ CHANGE ORDER NO. CHANGE ORDER NO. CHANGE ORDER NO. -@_% -@_% .-@_% -@_% COMPLETE COMPLETE COMPLETE COMPLETE PREVIOUS PAYMENTS: U $ 31,500.00 #2 $ 31,491.00 #3 $ #4 $ TOTAL $ b2,~':H.Üü (+) ( +) ( +) (+) $ $ $ .$ TOTAL WORK TO LESS PREVIOUS SUB-TOTAL LESS FAILED LAB. TESTS DATE (+) $ PAY. (-) $ $ 69,990.00 62,991.00 6,999.00 AMOUNT DUE FINAL PAYMENT, EXCEPT FOR ANY LIQUIDATED DAMAGES ASSESSED BY BOARD CONTRACTOR'S AFFIDAVIT $ The undersigned Contractor hereby swears under penalty of perjury that all obligations incurred by the Contractor under this Contract to date have been discharged in full; tþat no suits are pending in connection with the work und~r ~~~ocontract; that the Contractor agrees to the total final price of $ 6,9 . and final payment of $ 6,999.00 as full settlement of his account under the Contract and of all claims in connection th~sewith. COUNTY OF MARTDJ "'0.1..._ j STATE OF FLORIDA ENG!í'n.:EliìNG Before me this 21st day of January , 19~, persõñãTIy" appeared MATllŒWTAYLOR , known to me, who being duly sworn, did depose and say that he is the GC (Office) of the Contractor above mentioned; that..he pTepared attached application for payment and executed above affidavit o~behalf·of said Contractor; and that all of the statements contained therein a}e:,·.tr.ue,.cör.·t~.c.. t rïnf C.:::I~e.. ~ My commission expires: ~.~ ~ _______~ .. Notary ublic CONTRACTOR SHELTRA & SON CONSI' CO INC. BY~ ., .' '..., ,. TITLE GC i'" L. ': I" : ):: . II' I ¡ :~ ' , TO: BOARD OF COUNTY COMMISSIONERS,:.,BT. 1::'UCIE COUNTY, FLORIDA The attached application for payment by the Contractor has been reviewed by the Engineer. The Engineer hereby approves final payment under this application in the amount of $_________, less Hquldated damages assessed by Board, WITH~CTUAL PAYMENT SUBJECT TO CONTRACTOR'S SIGNING ABOVE AFFIDAVIT. ~~'It~ . ~tJ~~. ST. LUCIE COUNTY ENGINEERING DEPARTMENT DATE: APPROVED BY Contract Time Began: Substantial Completion on: Actual Construction Time: Contract Construction Time: Rainy Days Allowance: Other Overrun Allowances: Net Overrun: Donald B. West, P.E. E. Rawlins Collerairi, P.E. County Engineer Public Works Director Cal. Cal. Cal. Cal. Cal. ~~: Finance Officer Days Days Days Days Days CHECKED BY PREPARED BY (:Jlt?.{./;/) ~J).J/.A./ St. Lucie County Eng. Depart. ~GENDA REOUEST ....., ITEM NO. C-9 DATE: March 9, 1999 REGULAR [ PUBLIC HEARING CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Community De~elQpment/Tourism Division Gayla Barwick SUBJECT: MBI AdvertisinQ Invoices BACKGROUND: MBI Advertising has been contracted to provide advertising services for the st. Lucie County Tourist Development Council. The invoices with all back up included in the amount of $13,685.48 for February represents cost for the following: $11,068.80 $ 151. 25 $ 91. 68 $ 2,373.75 Media Placement - Newspapers/Magazines Fees Expenses Art Work for Scoreboard Sign Request approval for payment on the invoices for the month..of February in the amount of $13,685.48. The invoices have been reviewed in detail by Tourism Staff. Packets with supporting material are available in the Tourism Department for review. FUNDS AVAIL. (State type & No. of transaction ~ N/A) : PREVIOUS ACTION: RECOMMENDATION: The Tourist Development Council and Staff recommends Board approval to pay the attached invoices. ~] [ ] APPROVED OTHER: DENIED ou Anderson County Administrator COMMISSION ACTION: IWview and ~roval.s County Attorney: , ~ vI r' //,. Management & Budget: Purchasing: Originating Dept.: Other: Other: Finance: (Check for Copy\~nly, if applicable) WP\FORM\MBIAGREQ ~ ~ AGENDA REQUEST ITEM NO. C-IO DATE:3/9/99 REGULAR [] PUBLIC HEARING CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT) : Administration Comm Doug Coward SUBJECT· Contractor Certification Board BACKGROUND· Commissioner Coward's appointee to the Contractor Certification Board has notified him that the Board meetings conflict with another meeting he must attend and has therefore resigned from this Board. Commissioner Coward wishes to appoint Carol Hughes. FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: Commissioner Coward requests ratification of his appointment of Carol Hughes to the Contractor Certification Board. ~] [ ] APPROVED OTHER: DENIED ou as M. Anderson Co nty Administrator COMMISSION ACTION: Review and ~provals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 .. ,4 '-" """'" C \ü CAROL M. HUGHES 4037 GATOR TRACE ROAD FT. PIERCE, FL. 34982 H (561.)467-1.395 W (561.)460-7321. EMPLOYMENT HISTORY APRIL 1.986 TO PRESENT: HARBOR FEDERAL SAVINGS BANK FT. PIERCE, FLORIDA OCTOBER.1994 - PRESENT: VICE PRESIDENT, CREDIT ADMINISTRATION *Oversee underwriting, processing and closing of all consumer and residential mortgage loans. Supervise 26 employees in these various areas. Manage loan operations for a v era g e monthly production of $4.5 million in consumer loans and $22 million in residential mortgage loans. *Responsible for credit analysis on all residential loans over $500,000. Such analysis to include risk evaluation, financial statement analysis and estimate of cash flow. For larger credits, make a formal presentation of analysis to Executive Loan Committee and the Board of Directors. *Establish policies and procedures for residential and consumer lending. Develop underwriting guidelines for all mortgage loans, both saleable and portfolio products. Loan authority of $350,000, residential, and $150,000 consumer. *Instituted centralized underwriting for consumer. loans in conjunction with a wide area network. MARCH.1993 - SEPTEMBER. 1994: VP- CONSUMER LOAN ADMINISTRATION *Directly managed all aspects of consumer lending including collections, operations, compliance, quality control, and training for decentralized lending authority. Supervised eight employees. *Established use of Easylender Consumer as an automated· document preparation system for consumer loans. NOVEMBER. 1988 - FEBRUARY. 1993: AVP - CONSUMER LOAN ADMINISTRATION * Established consumer lending procedures for all branches. * Purchased all indirect paper for the Bank. * Approved loans in excess of branches authority. APRIL. 1986 - OCTOBER. 1988: AVP - COMMERCIAL LOAN OFFICER * Account officer managing a loan portfolio in excess of $10 million. Duties included new business development. '-" ~ NOVEMBER, 1983 - APRIL, 1986 BARNETT BANK OF ST. LUCIE COUNTY PORT ST. LUCIE, FLORIDA ASSISTANT VICE PRESIDENT/BRANCH MANAGER *Responsible for all operations and lending functions in a branch with $25 million in deposits. MAY, 1981 - OCTOBER, 1983 BRANCH BANK AND TRUST CO. WILSON, NC *Participated in the management trainee program which included nine months of credit analysis training in commercial, consumer, and mortgage lending. *Managed a $3 million deposit base branch. EDUCATION MASTER OF BUSINESS ADMINISTRATION Florida Institute of Technology Melbourne, Florida December, 1991 BACHELOR OF SCIENCE, BUSINESS ADMINISTRATION University of North Carolina Chapel Hill, N.C. May, 1981 ORGANIZATIONS / COMMUNITY ACTIVITIES AMERICAN BUSINESS WOMEN'S ASSOCIATION Port St. Lucie Charter Chapter Offices: President, Treasurer ST. LUCIE COUNTY CHAMBER OF COMMERCE LEADERSHIP ST. LUCIE, IV INSTITUTE OF FINANCIAL EDUCATION Instructor, First Vice President NEIGHBORHOOD HOUSING SERVICE OF FT. PIERCE Board of Directors past secretary, current President PERSONAL AGE: 39 HEALTH: Excellent MARITAL STATUS: Unmarried, no children ~ ...... ITEM NO. (? - / / AGENDA REQUEST DATE: March 9, 1999 REGULAR [ PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : County Attorney SUBJECT: BACKGROUND: FUNDS AVAIL.: N/A Donald G. Cole Property Acquisition Manager Request Permission to Advertise for a Public Hearing Abandonment of Drainage Easement Wide Waters Subdivision, Lot 1 Tiemeyer St. Lucie County received an abandonment petition to abandon a portion of an existing drainage easement that runs through Lot I, Wide Waters Subdivision from Mr. Harold Melville, representative of Mr. and Mrs. Theodore N. Tiemeyer. They plan on relocating the drainage easement to where the water flows naturally. At this time, staff is requesting the Board grant permission to Advertise for a Public Hearing to be held on April 6, 1999 for a portion of the existing drainage easement on Lot 1, Wide Waters Subdivision. PREVIOUS ACTION: N/A RECOMMENDATION: Staff is requesting permission to advertise for a Public Hearing to be held on April 6, 1999, which is a night meeting. COMMISSION ACTION: ~ APPROVED OTHER: XX County Attorney: DENIED o glas Anderson County Administrator t2J: Review and ~provals XX Engin""Cing,~ . / xx Publkc Works: ~~ Purchasing: xx Originating DePt.~ 5 I 9 6 Other: Finance: (Check for Copy only, if applicable) E f f ~ AGENDA REOUEST .."., ITEM NO. C-~ Iv DATE: March 9, 1999 REGULAR [J PUBLIC HEARING [ CONSENT [ X ] TO: BOARD OF COUNTY COMNllSSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey Lincoln SUBJECT: Proceeds From The Sale of Limited Ad Valorem Tax Bonds BACKGROUND: At the direction of the Board, and in concert with the County Bond Counsel and Financial Advisor, staff proceeded with the issuance of Limited Ad Valorem Tax Bonds, Series 1999. The revenues from this bond sale are for the express purpose of funding the St. Lucie County Environmentally Significant Lands program. Selection ofthe underwriter was made on February 16, 1999, and the Board was briefed on the results during the evening meeting on that same day. The closing for this transaction was accomplished March 2, 1999. Actual revenues received as a result of the sale were $15,362,639, however because staff had previously budgeted $4,500,000 in revenues available from a note with SunTrust Bank, Budget Resolution # 99-67 only addresses $10,862,639 in unanticipated revenues. FUNDS AVAILABLE: See attached Budget Resolution # 99-67 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve Budget Resolution 99-67 appropriating the revenues from the bond sale and amending the fiscal year 1998-9 budget accordingly. COMMISSION ACTION: oug Anderson ounty Administrator ~ APPROVED [] DENIED [ ] OTHER: County Attorney: XX Coordination/S i gnatures Management & Budget: xxA'J Purchasing: Originating Dept: Public Works: Other: Comm Dev XX Finance: (Check for Copy only, if applicable)-X- '-' ...., C-I--¿ RESOLUTION NO. 99-67 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners Budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the sale of Limited Ad Valorem Tax Bonds, Series 1999. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 9th day of March, 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 382-0000-384100-000 282-0000-384100-000 Proceeds From Sales of Bonds Proceeds From Sales of Bonds $1,978,496 $8,884,143 APPROPRIA TIONS 382-3915-599330-300 282-9950-571100-800 282-9950-573100-800 282-9910-599300-800 Project Reserves Principal - Notes Additional Expenses - Bonds Reserves $1,978,496 $8,500,000 $120,849 $263,294 '-' ...., After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice Chairman John D. Bruhn XXX Commissioner Cliff Barnes XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX PASSED AND DULY ADOPTED THIS 9th DAY OF MARCH, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY , '-' ....,¡ ,';"- AGENDA REQUEST ITEM NO. fc.--/3 DATE: March 9, 1999 REGULAR [63 PUBLIC HEARING [ ] CONSENT [YJ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department William R. Blazak SUBJECT: Approval of Change Order #14 of the Speegle Construction contract for the South Hutchinson Island Conveyance System reducing the contract in the amount of $72,797.00 and approval to release the retainage in the amount of $85,689.70, for the south district portion of the project. FUNDS AVAIL. :352-0000-205100-3612 PREVIOUS ACTION: see attached RECOMMENDATION: Staff recommends approval of Change Order #14 reducing Speegle Construction, Inc. contract in the amount of $72,797.00 to final the South District portion of the project and release of the retainage in the amount of $85,689.70. Staff requests that the Board of County Commissioners authorize the Chairman to sign the change order. COMMISSION ACTION: 0] [ ] APPROVED OTHER: DENIED o Anderson County Administrator Coordination/Signatures c=ty AttO='Y'_X~ Originating Dept:X ~ Finance Director: (Check for Copy only, Mgt. & Budget: X MfVIúJ Other: 'V 'Ì Purchasing Other: if applicable)__X__ Eff. 5/96 '-' ~ c... (~ ':--. BOARD OF COUNTY COMMISSIONERS UTiliTIES & RECYCLING DEPARTMENT WILLIAM ßLAZAK DIREGOR MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS WILLIAM R. BLAZAK, DIRECTOR UJfio FROM: DATE: MARCH 9, 1999 SUBJ: Reduction of Speegle Contract and release of retainage for the South Hutchinson Island Wastewater Treatment Plant Conveyance System PREVIOUS ACTION: Approved Change Order #12 - October 1998 AGENDA ITEM: . Approval of Change Order # 14, South Hutchinson Island conveyance system, Speegle Construction, Inc., and approval to release retainage. Change order #14 is a reduction in the original contract in the amount of $72,797.00. Speegle Construction, Inc. has completed the scope of work associated with the contract consistent with the plans and specifications prepared by Camp, Dresser & McKee, engineer for the project. With the completion of the work in the South District of the South Hutchinson Island project the retainage in the amount of$85, 689.70 needs to be released as well. Speegle Construction Inc. is currently underway with construction ofthe collection and conveyance system in the North District of the South Hutchinson Island system. The North District covers the area from the FP&L Power Plant, North to John Brooks State Park, and will be completed in late June of 1999. Speegle Construction Inc. will continue to have retainage withheld on the current scope of work in the North District consistent with the contract for the project and St. Lucie County policy. RECOMMENDATION: Staff recommends approval of change order No. 14 for Speegle Construction Inc., reducing the contract amount by $72,797.00, and release ofretainage in the amount of $85,689,00. Staff requests that the Board authorize the chairman to sign the change order. JOHN D. ßRUHN, District No, 1 . DOUG COWARD, District No, 2 . PAULA A. LEWIS, District No.:3 . FRANNIE HUTCHINSON, District No.4· CLIFF ßARNES, Disrrict NO.5 County Administrotor - Douglos M. Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982 · Phone (561) 462-1150 · FAX (561 ) 462-1153 . --..--.. ---- CDM Camp Dresser &~e Ine. """ .~.....- œrI$UIIing 1701 State Road A-1-A. Suite 301 fllglMlrltlØ Vera Beach, Florida 32963 /JCSfMf/OII iel: 561 23'-4301 Fax: 561 231·4332 opøl- Febmary 26, 1999 VIA F ACSThtlILE Mr. William R. Blazak Utilities Services Director St Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 RE: South Hutchinson Island Wastewater Collection and Reclaimed Water Distribution Systems South District Dear Mr. Blazak: Change Order No. 14 and Pay Request No. 20, previously transmitted, complete the work covered in the original contract referenced above. All puncblist items have been completed and contract requirements have been met. Change Order No. 14 is a reconciliation of South District unit price items with no retainagc. The Contractor agreed to keep his unit pricing used on this project for the North . District expansion covered in Change Order No. 12. This work is ongoing with pay requests specific to this change order including ten percent (10%) retainaae. A reconciliation change order will be issued upon completion of the project to close out the North District. We have created a'4etailed spreadsheet to track each district which was included as part of the previous pay request. We hope that thi~ explanation helps to facilitate payment to the Contractor in a timely matter. If you have any questions or comments, please contact me. Very truly yours, File: 6277-24649-075 EJG/rb ¡b;¡;¡97 cc: B. Maxwell W. Davis ~.7~êHÂ'NGE oFieER . ST. LUCIE d:)UNTY ~ . PROJECT: (name, address) South Hutchi~son Island Wastewater Collection and Reclaimed Water Distribution System Je~~en Beach, FL 34957 TO \~ntractor,: Speegle Construction, Inc. P. O. 80x 2089 Coco.a, FL 32926 ...,.¡ CHANGE ORCER NUMSSR: Fourteen (14) !NIT1~TION DATE: February 5, 1999 CONSULTANT'S PROJECT NO.: 6277-10M ST. LUCIE COUNTY CONTRACT NO: 95-37 CONTRACT CAT~~ November 1,1~95 You are directed to make the fo.llowing 'changes in this Contract: (AddUionaf sheet attached as E.xhibit .A - Yes No) , . The original (CQntract Sum). (Guaranteed Maximum Cost) was ."............... '.. ..... .. $ Net cnange by previous authorized Change orders . _...,...., .:....,.,........:..... ,', $ The Contract Sum) (Guaranteed Maximum Cost) priorto this Change Order was . J. ;'..., $ The (Contract m) (Guaranteed Maximum Cost) will be (decreased . oy tnl6 c.;hange Order .......... I . . . . . . , . . . . , . . . . . , . . . . , '. ' . . . . . . . . . . .', $ The new (Contract Sum) (Guaranteed Ma;cimum Cœt) including this ChaJ"1g¡a. Order will be $ The Contract lime will ce unchanièd The Oate of s:!I~~~~a!rof the.dat OT mis Change Order t!1eretore is: April 23 . Flnal Accsptan~e. ' Funds Availpþle: A<:co~nt Number 4c;"-:1C::¡1 0-563000-3810/451801-3510-563000-3809 4,239,000.00 1,321,760~50 5,560,760.50 72,797.00 5,487,963.5Ó 1999 The adjustment in Contract Pries and/or Contract Time stated in ~i~ Change Order shall comprIse the total price and/or time adjUstment due or owed tl1e Contractor for the worx 'or changes defil1ed in this Cl'1ange Order, By exe<:uting this Change Order. the Contractor acknowledges and' agrees that the stipulated' priœ. and/or time adjustments ¡ndude the costs and delays for all work contained in the Change Order, includinlJ costs and delays associated with the interruption of sChedules, extended overheads, delay, and cumulative impacts or rippie effect on all other non-affected work under this Contract. Signing of the Change Order èonstltutes full'and mutua(ai:cord and satisfaction for the adju.stment in contract price or time as a result of inc~aases or decreas'es in costs and· time of performaJ"1ce caused di~ecty and indirectly from tl1e Change 0 rder, subiect to the current scop~ o( the entire wor1< as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the Cou,nt)' and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractorwil1 waive ~II rights to tile a claim on this Change Order after it is properly executed. All work perforl'T)éd undertnis Change Ordèr shaJl be performed in accordanca with the contract specifications. CReecQ'lmendect~_ M K I Approved: amp uresser ~ c ee nc. Utilities Department St Lucie County Department 301 ?~nn v;rgi~;~ nve. Ft. Pierce Address . Architec;/En,giÌ"leer 1701 State Road A-1-A, Suite Addr~,Y2Ko.~ac~.o. ach, Florida 32963 =-~~ 'a.1,~f~1. ~ D~ Agreed To: Speegle Construction, Icn. Contractor P.O. Box 2089 ("(1("'(1~. 'F'lorida Addre~. ~. ~e"""'J-"~ By . WHITE - VENOOR GOLOENROD - FINANCE 32926 ~J~1 IOate 8y Authorized: St. Lucie County~ 2300 VirginiaAve:. Fl Pierce. FL 34~a2' Date· 8y A~proYed as to Form and Correctness Date County Attorney GI=IEEN - PURCHASING PINK - CEPAATMENT ~ \",¡¡¡i -.,,,,- EXIllBIT A ITEM DESCRIPTION St. Lucie County, Florida South Hutchinson Island Wastewater Collection and Reclaimed Water Distribution Systems CDM Project No. 6277-13617-10M Change Order No. 14 Item No. 1 Description: Directional drilling for wastewater force main from Sand Dollar Shores/Dune Walk lift station to conveyance main. ., Purpose:.: To connect Sand Dollar Shores/Dune Walk to regional system. Cost: $20,590.00 2 Description: Additional survey, layout and as-builts for Sand Dollar Shores/Dune Walk force main as a result of route change. Purpose: , Required for installation of force main. Cost: $2,000.00 3 Description: Repair damaged air release valve. Purpose: Repair required to maintain operability. Cost: $350.00 4 Description: South District reconciliation of costs/quantities. Purpose: To adjust contract to reflect actual installed material/equipment. Cost: ($95,737.00) kn2Z72 \w'" ..." Change Order Cost Summazy St. Lucie County, Florida South Hutchinson Island Wastewater Collection and Reclaimed Water Distribution Systems CDM Project No. 6277-10M Change Order No. 14 ...oon Cost/<Credit> 1 2 3 4 $20,590.00 2,000.00 350.00 <$95,737.00> Total change this C.O. No. 14 <$72,797.00> This Change Order includes not only all direct costs of Contractor such as labor, material, job overhead, and profit markup, but also includes any costs for modifications or changes in sequence of work to be performed, delays, rescheduling, disruptions, extended direct overhead or general overhead, acceleration, material or other escalaqon which includes wages, and other impact costs. kn2272 '-'" ...", ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis Frannie Hutchinson Cliff Barnes District 3 District 4 District 5 AGENDA March 9, 1999 1. MINUTES Approve the minutes of the meeting held February 23, 1999. 2. WARRANTS LISTS Approve Warrants Lists No. 22 and 23. 3. MOSQUITO CONTROL Sign Policy- Staff seeks guidance concerning the informal policy which sets the 300 foot or greater distance as the benchmark distance for the private driveway treatments. In the event the Board decides to continue this program, staff recommends the following guidelines: (1) Current possessors ofthe Green MC signs with a distance limitation of up to 200 feet be grandfathered in (2}&1I future signs be recorded as to their proper location (3)"11 holders of current and future driveway special signage execute a waiver of District liability for the activities to be performed on their lands. 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. ~ ~ ...." -þ MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 23, 1999 Tape: 2 Convened: 10:55 a.m. Adjourned: 10: 59 a.m. Commissioners Present: Chainnan, Doug Coward, Paula A. Lewis, Cliff Barnes, Frannie Hutchinson, John D. Bruhn - Others Present: Phil Freeland, Asst. County Administrator; Dan McIntyre, County Attorney, Julia Shewchuk, Interim Community Development Director; Ray Wazny, Public Works Director; Bill Blazak, Utilities Director, Jim David Mosquito Control Director; Don West, County Engineer; A. Millie Delgado, Deputy Clerk 1. MINUTES (2-571) It was moved by Com. Bruhn, seconded by Com. Lewis, to approve the minutes of the meeting held February 9, 1999; and, upon roll call, motion carried unanimously. 2. CONSENT AGENDA (2-580) It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. The District approved Warrant List Nos. 20 and 21. 2. MOSQUITO CONTROL A. Indian River Lagoon National Estuary PrograrnJ S1. John's River Water Mgt. Dis1. Grant Application- The District approved an application for grant funds in the amount of $14,685 and pending a successful application, authorized the Chainnan to sign the agreement with the IRLNEP/S1. John's River Water Mgt. Dist., pending review and approval of the agreement by the County Attorney, the District also approved Amendment No.4 to the agreement with Summerllin Seven Seas Inc., to perfonn the culvert installation and authorized the Chainnan to execute the amendment. B. EQ No. 99-198 and 99-199- The District approved the equipment requests for the purchase of a replacement Y2K compatible laptop computer and a replacement 8', re- useable aluminum utility bed. C. Pennission to apply- The District approved applying 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 Resources 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 BUDGET Resolution No. 99-01- The District approved the resolution amending Resolution No. 98- 11, correcting scrivener errors. 4. COUNT! ATTORNEY- Resolution No. 99-02- The District approved the resolution approving the proposed equipment lease/purchase with Coastline Equipment Co., Inc., for a backhoe and authorizing the Chairman to sign the agreement. There being no further business to be brought before the District, the meeting was adjourned at 10:59 a.m. Chairman Clerk of Circuit Court '-" ....., 03/05/99 ST. LUCIE COUNTY - BOAlU) PAGE 1 FZABVm VARRANT LIST 123- 27-FEB-99 TO 05-MAR-99 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 16;475.44 19,720.92 GRAND TOTAL: 16,475.44 19,720.92 02/26/99 S~LUCIE COUNTY - OOARÐ ..."", PAGE 1 FZABVARR vARRANT LIST #22- 20-FEB-99 TO 26-FEB-99 FUND SuMMARY-MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 13,625.29 0.00 GRAND TOTAL: 13,625.29 0.00 ......... ....,., i AGENDA REQUEST ITEM NO. ~ DATE: March 9, 1999 REGULAR [ X ] PUBLIC HEARING CONSENT [ TO: MOSQUITO CONTROL DISTRICT BOARD SUBMITTED BY(DEPT): Mosquito Control PRESENTED BY: James R. David SUBJECT: MC Sign Policy BACKGROUND: Provisions in Florida Statutes and Florida Administrative Code, as well as, the Saint Lucie County Code and Compiled Laws, establish the Mosquito Control District's authority to perform mosquito control activities on private and public lands in Saint Lucie County. Over time, developments with privately maintained roads were constructed throughout the County, and Mosquito Control responded to this growing need for service, by expanding treatment areas to include those private roadways. Additionally, requests began to be made to perform "special" fogging for parties, outings, Scout Troop Jamborees, sporting events, etc.. This "special" effort included spraying private driveways, if the home or primary residence was approximately 300 feet or more from a public road. FUNDS A V AIL.: 145-6230-552000-600 PREVIOUS ACTION: N/A RECOMMENDATION: Staff seeks guidance from the Board concerning the current informal policy which establishes the "300 foot or greater" benchmark distance for the private driveway treatments. In the event that the Board decides to continue this program, staff recommends the following guidelines: (1) current possessors of the Green MC signs with a distance limitation of up to 200 feet be "grandfathered-in"; (2) all future signs be recorded as to their proper location; (3) all holders of current and future "driveway special" signage execute a waiver of District liability for the activities to be performed on their lands. COMMISSION ACTION: .,N APPROVED [ ] OTHER: NCE: ~unty Attorney: --------..... Ou sAnderson County Administrator Review and Approvals Management & Budget_ Purchasing : v0í-iginating Dept Finance: (Check for Other: Other: Err. 5/96 . . 3. '-" ....., DIVISION OF MOSQUITO CONTROL MEMORANDUM DATE: Mosquito Control District Board 9 James R. David, Mosquito Control Director ~ . February 19, 1999 TO: FROM: SUBJECT: M C Sia=n Policy Background Provisions in Florida Statutes and Florida Administrative Code, as well as, the Saint Lucie County Code and Compiled Laws, establish the Mosquito Control District's authority to perform mosquito control activities on private and public lands in Saint Lucie County. It has been the District's policy, since its inception, to operate on both private and public lands to accomplish its mandate, because mosquitoes pose nuisance and health threats that do not stop at property boundaries. Over time, developments with privately maintained roads were constructed throughout the County, and Mosquito Control responded to this growing need for service by expanding treatment areas to include those private roadways. Additionally, requests began to be made to alter our adulticiding operations to perform "special" fogging for parties, outings, Scout Troop Jamborees, sports events, etc.. This "special" effort encompassed private driveways, if the home or primary residence was approximately 300 feet or more from a public road. The 300 foot distance was established as the benchmark for which a special treatment of a driveway could be justified, because chemical drift was determined to be effective up to that distance from its point of application. Several years ago, a simple means of identifying the driveways to be treated was devised so that foggers would be able to immediately recognize them while fogging at night, thus the sudden appearance of the Green "MC" signs. The number of these Green "MC" signs have escalated in recent years to approximately 50, and requests are pending for an additional 24 or so. As a result of increasing demand, we are experiencing increased costs for the effort (resulting from additional costs for expanding treatment areas), controversy is brewing between neighbors over some "sign switching" and who has and doesn't have the right to a ), '-' ...,.¡ sign, and potential liability issues have been identified. It must also be clarified to the public constantly that this is a program enhancement, and that there are times when every driveway marked cannot be treated because of weather conditions, mechanical difficulty, poor upkeep of driveway, etc.. The public is informed that the District makes a reasonable effort to treat them all but is sometimes not able to do so. Recommendation Staff seeks guidance from the Board concerning the current informal policy which establishes the "300 foot or greater" benchmark distance for the private driveway treatments. In the event that the Board decides to continue this program, staff recommends the following guidelines: (1) current possessors of the Green MC signs with a distance limitation of up to 200 feet be "grandfathered-in"; (2) all future signs be recorded as to their proper location; (3) all holders of current and future "driveway special" signage execute a waiver of District liability for the activities to be performed on their lands. cc: file '-" .....", ST. LUCIE COUNTY EROSION DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula Á. Lewis Frannie Hutchinson Cliff Barnes District 3 District 4 District 5 AGENDA March 9, 1999 1. MINUTES Approve the minutes of the meeting held January 26, 1999. CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants Lists No. 18 thru 23. 2. PUBLIC WORKS Engineering- Consider staff recommendation to approve a work authorization with Taylor Engineering, Inc. in the amount of $7,351 and authorize the Chair to execute the contract. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record ofthe proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. ·.-,~~.;:',r~:'¡':";""-";:y.,-~:_ _....:<;~::::-::~.~0C;;"';:;;;:{:." 'U.:.~-_ :~...,'-~-c;!\~,=.>:>- ",I ~1'" ,,~_'~_'r;.·~~~.F:,--=-'J~~~¡:;-:-t:~.~7'-:~~".'fi.·'i~"~-:¡¡~f"'''W:''· <....-::::.,.::,;-..,..--q. T:- '::::':.::::',': ~~'~;-¡~;¡:'j,7;~">'t"" ..:,-..,.... '," T'~' :~':',- ..' ~, .: ~~.-;'" >,·:;:-1- . ,~ -'--','-v! - '-~-'-,=-'.--~. \.rt '..I .------- ---.'-'.- EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 26, 1999 Tape: 1 Convened: 9:45 a.m. Adjourned: 9:46 a.m. Commissioners Present: Chairman, Frannie Hutchinson, Paula A. Lewis, CliffBames, Doug Coward, John D. Bruhn Others Present: Doug Anderson, County Administrator; Phil Freeland, Asst. County Administrator; Dan McIntyre, County Attorney; Bill Blazak, Utilities Director, Ray Wazny, Community Development Director; Jack Doughney, Leisure Services Director; Charlie Bicht, Purchasing Manager; Nick Dragash, Central Services Manager; Deputy Williams, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-1525) It was moved by Com. Lewis, seconded by Com. Bruhn, to approve the minutes of the meeting held December 22, 1998; and, upon roll call, motion carried unanimously. 2. CONSENT AGENDA (1-1539) It was moved by Com. Lewis, seconded by Com. Bruhn, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. The District approved Warrant List Nos. 13,14,15, 16 and 17. 2. Public Works Inlet Spur Jetty- The District approved a minor adjustment to the project cost estimate with FIND and authorized the Chair to execute. There being no further business to be brought before the District, the meeting was adjourned at 9:46 a.m. Chairman Clerk of Circuit Court \rw' ...., 1 03/05/99 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST 123- 27-FEB-99 TO 05-MAR-99 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 3,573.67 1,994.51 GRAND TOTAL: 3,573.67 1,994.51 \w CONSENT AGENDA -. J 'wi - ~.~ -.- .-.-- ..-_.-- 01/29/99 FZAB\TARR FUND 184 J. -.....I ~ LUCIE COUNTY - BOARD \TARRANT LIST 118- 23-JAN-99 TO 29-JAN-99 FUND SUMMARY- EROSION :.~ TITLE EXPENSES Erosion Control Operating Fund 2,699.78 2,699.78 GRAND TOTAL: PAGE 1 PAYROLL 0.00 0.00 02105/99 ~ LUCIE COUNTY - BOARD -....I PAGE 1 FZABTJARR TJARRANT LIST #19- 30-JAN-99 TO 05-FEB-99 FUND SUMMARY- EROSION c.... FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 1,243.25 1,994.51 GRAND TOTAL: 1,243.25 1,994.51 ~~-~ .,~; '" :j:.. "'r 02/12/99 ~ LUCIE COUNTY - BOARD .....,¡ FZABYARR YARRANT LIST #20- 06-FEB-99 TO 12-FEB-99 FUND SUMMARY- EROSION FUND TITLE 184 Erosion Control Operating Fund GRAND TOTAL: EXPENSES 147.37 147.37 PAGE 1 PAYROLL 0.00 0.00 02/19/99 ~UCIE COUNTY - BOARD ....., PAGE 1 FZABYARR YARRANT LIST 121- 13-FEB-99 TO 19-FEB-99 FUND SUMMARY- EROSION FUND TIT{.g EXPENSES PAYROLL 184 Erosion Control Opèrating Fund 5,155.75 1,994.51 GRAND TOTAL: 5,155.75 1,994.51 02/26/99 ~ WCIE COUNl'Y - BOARD ...." PAGE 1 FZABVARR vARRANT LIST 122- 20-FEB-99 TO 26-FEB-99 FUND SUHMAAY- EROSION i I FUND TITLE EXPENSES PAYROLL 184 Erosion Control Oþerating Fund 707.46 0.00 GRAND TOTAL: 707.46 0.00 \w' AGENDA REQUEST IT~ NO. C-2 DATE: March 9, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Enter into a work authorization with Taylor Engineering, Inc. to conti ue with the permitting of the South Causeway Island Shoreline Stabilization Project and coordinate a conceptual mitigation plan with FDEP. BACKGROUND: In 1995, St. Lucie County (BOCe) received $16,000 in grant funds from FIND to use towards improvement of the docks on South Causeway Island. The $16,000 grant was never expended since the dock improvements were completed under the original FIND project grant. In order for those funds not to revert back to FIND, an amended project scope was developed on South Causeway Island to investigate, design and permit an engineering solution to the eroding shoreline in the vicinity of the Historical Museum. On March 20, 1998, the FIND Board approved the amended scope. On March 28, 1998, the Erosion District Board (Board) approved a work authorization with Taylor Engineering, Inc., in the amount of $36,040, to carry out those tasks identified in the amended project scope. During the permitting process, FDEP identified vegetation along the upland shoreline which will be impacted by the proposed shoreline restoration. As a result, mitigation will be required. The original scope of work with Taylor Engineering, Inc. included minimal funds for permitting as the extent of mitigation was not originally anticipated to be as complicated. Therefore, this request is to enter into a work authorization with Taylor Engineering, Inc., in the amount of $7,351, to continue with the permitting of the project and coordinate a mitigation concept with FDEP. Since it is difficult to provide a detailed scope to complete the mitigation plan design and permitting at this time, another work authorization will be prepared by Taylor Engineering, Inc. and submitted for Board consideration at a later date. FUNDS AVAIL.: Funds will be made available in 184-3710-563005-760055 (EROSION DISTRICT FUNDS). Although the Erosion District has funded the design and permitting of this project to date, it would more appropriate to utilize funding sources other than the Erosion District for future funding. PREVIOUS ACTION: July 16, 1996: BOCC approved original grant agreement with FIND in the amount of $16,000. September 9, 1997: BOCC approved one year grant agreement extension with FIND. March 20,1998: FIND Board authorized approval of the amended project scope. March 28, 1998: Erosion District Board approved Interlocal Agreement between the BOCC, Port & Airport Authority and Erosion District and approved work authorization with Taylor Engineering, Inc. RECOMMENDATION: Staff recommends Erosion District Board enter into a work authorization with Taylor Engineering, Inc. for the attached scope services, in the amount of $7,351, and execution of said work authorization by the Chairperson. COMMISSION ACTION: J.>( APPROVED [ ] OTHER: [ ] DENIED CE: ~ [x]County Attorney ¿'/ [x]Originating Dept. Public Works . '~L-...-- {ft. [x]Budget & Revenue Coordinator ~ t1 [x]Leisure Service Director~ [x]Mgt. & Budget. [x]Co. Eng~ T 'A Y - - - - - - - - - - L o C- -- -z....- GIN c N G R N E E N ~ .",., I February 12, 1999 101)@l.JLWfL¡ I. r.·.~; I ~~! ,: L~ ¡ FEB I 8 1999 ¡~', Ld___. ·'G·'r_r·.... ¡--r-"'":'''-) ''-''- EN· ""f..,. ¡-; .'.',.... . ~~...j;.,.,,'-~~ .'~ .-~, Mr. Richard A. Bouchard, P .E. St. Lucie County Engineering Division 2300 Virginia Avenue 2nd Floor Annex, Room 229 Ft. Pierce, Florida 34982-5652 ~.--.--".. ,.. ..........,-,,-.....- -'-~". ~-"_.,""..-._- Re: Proposal for Phase II Design and Permitting Services for the Shoreline Stabilization Project, County Park, Causeway Island, Ft. Pierce, Florida Dear Mr. Bouchard: We have completed field work, initial design, and the environmental resources permit application package for the shoreline stabilization at Causeway Island under our Work Authorization No.4 of Contract C96-11-13. In response to the permit application, FDEP determined that the project site contains jurisdictional wetlands which will require mitigation. Unfortunately, the wetland impact and mitigation issue has become more complicated than originally anticipated and, despite on-site meetings and phone conversations with the FDEP staff conducting the permit review, we have not been able to resolve the mitigation issues. The work remaining to complete the design and permitting includes location of an appropriate mitigation site, coordination with the FDEP to ensure a~eptance of the mitigation, preparation of written response to the FDEP's October 6, 1998 request for additional information, and preparation of the mitigation plans and specifications. However, at this point, we have expended nearly all of the funds available under Work Authorization No.4. I therefore respectfully request that you allocate additional funding for this design and permitting project. However, until we agree on a mitigation concept with the FDEP, we will have difficulty defining the remaining scope of work. To overcome this difficulty, I recommend that the county provide funding for our staff to prepare a mitigation concept and submit the response to the FDEP's request for additional information. After the FDEP review of the RAI response, we can determine the scope of work needed to complete the mitigation plan design and permitting. Exhibit A summarizes a scope of work to identify the mitigation concept and to submit the RAI response. Exhibit B is a work compensation sheet, detailing our proposed expenditure of$7,351 to perform the work. Exhibit C is a performance schedule. Please call if you have any questions about these items. ( ~ R. Bruce Taylor, Ph.D., President :blm enclosures 9000 CYPRESS GREEN DR SUITE 200 JACKSONVILLE FL 32256 TEL 904731 7040 FAX 904731 9847 "-' ....., C96-11-143 (W A #6) WORK AUTHORIZATION Engineering Services Related to South Causeway Island Shoreline Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District (the "District") and Taylor Engineering, Inc. (the "Consultant") dated November 12, 1996 (the "Agreement"), Consultant agrees to perform and slJ.ccessfully complete the scope of work as set forth in the Consultant's "Scope of Services", "Work Compensation Sheet", and "Project Schedule" attached hereto and made a part hereof as Exhibits "A", "B", and "C", respectively. The District agrees to compensate the Consultant as set forth in Exhibit "A" and the work shall be completed in accordance with Exhibit "C". IN WITNESS WHEREOF, the District has as hereunto subscribed and the Consultant has affixed his, its, or their names, or name, on the dates below. WITNESSES: ST. LUCIE COUNTY EROSION DISTRICT BY: CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: TAYLOR ENGINEERING, INC. BY: Print Name: Title: Date: H:/WP/MIscrr A YLOR.W A ~ .--.; Exhibit A Scope of Services Task 1. Regulatory Agency Coordination and RAI Submittal Taylor Engineering staff will meet with St. Lucie County Engineering staff for a field inspection of potential mitigation sites. Following the field inspection, we will confer by phone with the FDEP permitting staff and then prepare a conceptual mitigation plan. We will conduct an additional field visit, if necessary, with FDEP staff. We will prepare and submit the RAI response which will include the conceptual mitigation plan. i-. '-" .....", Exhibit B Work Compensation Sheet TASK 1: Regulatory Agency Coordination and RAI Submittal Labor Days Corporate 1.00 Principal Engineer Prinicpal Scientist 6.00 Senior Engineer 1.00 Engineer Senior Editor Engineering Technician 5.00 Administrative 1.50 Cost Task Totals 1,000.00 3,270.24 560.00 1,578.40 504.00 Total Man-Days 14.50 Labor Cost 6,912.64 Non-Labor Units Cost Days Car Rental 2.0 100.00 Days Meal Allowance 2.0 50.00 Hours Computer 48.0 288.00 Non-Labor Cost Fee @ 0.0% 438.00 Total Non-Labor Cost 438.00 Total Task 1 7,350.64 Project Total 7,350.64 " '. . . '-' ff ¥ Exhibit C Schedule of Performance Taylor Engineering will begin work as soon as we receive your notice to proceed. We expect to complete any required field inspections by March 5, 1999, depending on the ability to schedule a site visit with FDEP staff if necessary . We will complete the RAI response and submit it to the FDEP by March 19, 1999. .