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Agenda Packet 04-25-00
BOARD OF CO TY COMMISSIONER EETING AP 25 2000 9:00 AM WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- Thcse items are considercd routine and are enacted by one motion. There "vill be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Heari)1gs, 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 andthird Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public heariIlg is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then.public hCaringswill be heard at 9:00 A.M. or as soon thereafter as possible. These time desigrlations areinteIlcled to indicate that an item will not be addressed prior to the listed time. The Chairman will ope:¡¡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 Commi~sion under department request or public hearing, the order of presentation is: (1) ·çounty staffpresents the details of the Board item (2) Commissioners com.rnent (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 na¡ne and ª.ddress, 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. DECORUlvl- Please be respectful of others opinion. l\fEETINGS- All Board meetings are open to the public aJ:ld are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second andfOurtl1TueSdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration A.ru1ex at 2300 Virginia Ave., Ft. Pierce, FL 34982. Th.eBoard schedules additional workshops throughout the year necessary toaccornplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. vvww.stlucieco.gov John D. Bruhn Doug iCoward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA April 25, 2000 9:00 AM. INVOCATION PLEDGE OF ALLEGIANCE MINUTES Approve the minutes of the meeting held April 18, 2000. 2. PROCLAMATION/PRESENTATION A Utilities Award - Bill Blazak will present the David W. York Reuse Award to the Board. B. Resolution No. 00-87- Supporting the Purposes of the Florida World War II Veterans Memorial Act - Consider staff recommendation to adopt the resolution as drafted. C. Presentation - Investment for the Future /Update on the progress of Beach Park Projects by Recreation Design & Construction Inc. (RDC). 3. GENERAL PUBLIC COMMENT 5. COUNTY ATTORNEY 4. CONSENT AGENDA PUBLIC HEARINGS þ( 1f~1 Resolution No. 00-86 - Consider staff recommendation to adopt the resolution as drafted for Florida Power & Light Company Bond Refunding. NOTICE: AI[ Proc:eedings before this Board are electronic¡;¡Uyrec:qrded. . ArWRerson who decides to app.ealany action taken by the Bo¡;¡rd at tnese meeti s will need a rec:ord qfthe proc:eedings ¡;¡ndfqrsuch purpqse maY.Deeätq ensure that a verbatim rec:qrd qfthe proceed is made. Uponthereguestofanypartytq the proceedings. Individuals testifying during a hearingwiII be sworn in.ny partytothe proceedmgswill begranteg th nity tocrpss-examineany indivloual testi!y.in during a hearing upon request. .An'lqne with a disability accqmmqdation to attend this meeting should act the St. Lucie County Community Services Manager at (5 - 777 or TDD (561) 462-1428 at least forty-eight hours prior to the meeting. REGULAR AGENDA APRIL 25, 2000 PAGE TWO 6. COUNTY ATTORNEY A Job Growth Incentive Grant ~ Consider staff recommendation to approve the grant agreement Lighting and authorize the Chairman to sign the agreement B. Proposed Ordinance Regulating Moving Companies -Consider staff recommendation to determine whether to direct staff to draft a proposed ordinance for Board consideration. 7. PUBLIC WORKS Engineering / Work Authorization NO.5 - Consider staff recommendation to approve the work authorization to the agreement for Roadway and Intersection Design with Inwood ConSulting Engineers in the amount of $81,571 for Picos Road Paving and Drainagelmprovements, approval of the project budget as outlined, and authorize the Chairman to sign the work authorization. updates on the various 8. ADMINISTRATION Bi~weekly Committee Reports ~ committees and advisory boards that CONSENT AGENDA April 25.2000 WARRANTS LIST Approve warrants list No. 30 2. LEISURE SERVICES A. Sponsorship Agreel1lentsJorthe new South County Regional Stadium - Consider staff recoml1lendatìon to approve the sponsorship agreements with FP&L; Edlund & Dritenbas; Morgan, Stanley. Dean Witter; Garrison Froliçh & Associates; and Community Savings, FA. and authorize the Chairman to sign the agreements. B. Budget Resolution No. QŒ085 -Consider staff recommendation to approve the acceptance of theJirst year$SOOCOrporate Sponsorship Installment from EdluIld & Dritenhq..s,approve theibudget resolutìon and authorize the Chairman to sign the letter of appreciation. C. Permission to Advertise - Consider staff recommendation to advertise a request for proposals to enter intoalease agreementto operate concessions at the Fairwinds Golf Course. D. Funding for bleachers for South County Regional Stadium - Consider staff recommendation to approvefunding for the bleachers for the South County Regional Stadium using Park Impact Fees. E. Agreement Amendment / Children's Environmental Learning Center - Consider staff recommendation to. approve Amendment No. 5 to the agreement between St. Lucie County and the Florida Department of Environmental Protection (DEP) extending DEP Contract No. ADM 511 to July 31,2000, forthe constructiouoftheChildren's Environmental Learning Center; and authorize the Chairman to execute the amendment. 3. INVESTMENT FOR THE FUTURE A. Engineering I Work Authorization No.3 - COnsider staff recommendation to approve the work authorization to tIle agreement with Kimley-Horn and Associates, Inc., for Engine~ringSeI'VÎces related. to bridge design for Taylor Dairy Road/Belcher Canal(C2 5); Edwards Road./Five Mile Creek; Glades Cut- Off Road at C24; Juanita Avenue/Taylor Creek, for a total of $22,500, and authorize the Chairman to sign the authorization. B. Engineering / Work AuthprizatioIlNo..6 - Consider staff recommendation to approve the workauthoriza.tion with Culpepper and Terpening, Inc. for Roadway and Intersection Desigl1. intheqrnount of $27,700 for South 25th Street / St. James Drive Mitigation Plan and authorize the chairman to sign the authorization. CONSENT AGENDA APRIL 25, 2000 PAGE TWO 4. PUBLIC WORKS Road & Bridge / Assignment Authorization - Consider staff recommendation to reinstate the Assignment Authori.zationdatedOctober 10, 1995 with LBF&H, Inc. for the d~$igIl of the Intersection Improvements at the intersection of Midway Roªd & Glades Cut-Off Road in the amount of $197,500 for a total design cost for thi.s intersection of $284,585. 5. MOSQUITO CONTROL Queens Island Acquisition Phase I I Agree:rnent for Sale - Consider staff recommendation to approve the AgreemeIlt for Sale for Tract Numbers 100-015 and 100-016 in Phase I, and commit County Environmentally Sensitive Land Funds estimated at $107,040 in land costs, as well asthe County percentage share of the pre-acquisi.tion and closing costs as forth in the Memorandum of Understanding (MOD) and the Acquisitton and Ownership Agreement. 6. PURCHASING A Bid No. 00-031 - Consider staff recommendation to award the Waste Collection at CountyFacnities~ Recycling Component to Choice Sanitation in the amount of $5.00per¡n0Ilthper90Gallon can for office paper and no charge for cardboard, and authori.ze the Chairman to sign the amendment to the Choice Sanitation COllectìonContract as prepared by the County Attorney. B. Bid Waiver and Sole Source - Consider staff recommendation to approve the request for a bid waiver and sol~ source purchase from VuGate for video recording equipment for the system between the Courthouse and Rock Road Jail in the amount of$41,604,a1.lthorize the chairman to sign the contract as prepared by the. CouIlty AUOrIley, and approve Equipment Request No. 00-213 and Budget Amendment No. 00-133. C. Permission to Advertise for Bids.. Consider staff recommendation to approve the request for permission toª.dvertise bids for sod. D. Bid No.. 00-027 - COIlsider staffrecom:rnendationto reject all bids and grant permission to re-advertise for bids for an asphalt vibratory roller for Road & Bridge. E. Hurricane Irene EmergeIlcy Purchªse Orders Consider staff recommendation to approve the emergency purchase orders issued. CONSENT AGENDA APRIL 25, 2000 PAGE THREE 7. COUNTY ATTORNEY A Certificate of Public Convenience and Necessity (CON) - Consider staff recommendation to approve the applicati<m of Atlantic/Palm Beach Ambulance, Inc., d/b/a American MedicalResponse for renewal of its Class C Certificate of Public ConvenienC'e and Necessity based upon a determination that AMR remains in cOrnpliance with the terms of its CON and Chapter 1-12.5 of the Code of Ordinances. B. Certificate of Public Convenience and Necessity (CON) - Consider staff recommendation to approve the application of Coastal Care Corporation, d/b/a Coastal Care Advanced Life Support for renewal of its Classes Band F Certificates of Public Convenience and Necessity based upon a determination that Coastal.rernainsiiincompliance with the terms of its CONs and Chapter 1-12.5 of the Code of Ordinances. 8. COMMUNITY DEVELOPMENT Traffic Impact Report Waiver - Consider stªff recom¡nendation to approve the request for relief from Section 1 L02.09(AJ (41, St. Lucie Land Development Code, Traffic Impact Report for the Turtle Nest Subdivision. ADMINISTRATION St. Lucie County International Airport /Donation ofSurplllS Facilities to St. Lucie County Fair Association, Inc. - Consider staffr~com¡nendation to declare Buildings 2 and 3, the livestock arena and th~ smalla,¡¡irnal arena located at the St. Lucie County International Airport surpluspropertypursuantto Section 274.05, Florida Statues, and authorize the donatio):lofsaiclprqperty to the St. Lucie County Fair Association, Inc. for removal and relocation to the new fairgrounds on Midway Road. 10. MANAGEMENT AND BUDGET Budget Amendment No. 00~134 - Considerstgffrecor;nmendation to approve the budget amendment authorizingtheOffiç~ ofManªgement and Budget to move $2,200 from the Fine & Forfeiture Fund contingency account into the appropriate accounts. AGENDA REQUEST ITEM NO. DATE: April 25,2000 ADDITIONS REGLJLAR[XX] PUBLIC HEARING [] CONSENT [] TO: BOARD Of COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Dcmiel S.McIntyre County Attorney SUBJECT: Smithsonian Institution - Letter of Intent - Exploring Marine Ecosystems Exhibit BACKGROUND: See attached memorandum FUNDS AVAILABLE: 310003-1930-562000-76007 316-1930-562000-76007 Public Building Impact Fees County Capital fund PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Letter of Intent and authorize the Chairman to sign the letter of Intent. IX] APPROVED [ ] DENIED [ ] OTHER: sAnderson County Administrator COMMISSION ACTION: Review ond Approvols County Attorney: Management & Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eft. 5/96 REGULARAGENDA COUNTY ATTORNEY A.1 Smithsonianlnstitµtion / Letteriof Intent / Exploring Marine Ecosystems Exhibit - Consider staff recommenctationJoapprove the Letter of Intent and authorize the Chairman to sign the Letter of Intent. BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA April 25, 2000 REGULARAGENDA COUNTY ATTORNEY A.1 Smithsonian Institution I LetterQf Jntent I EJ<ploring Marine Ecosystems Exhibit - Consider staffrecommendationtp approve the Letter of Intent and authorize the Chairman to sign the/Letter of Intent. OPERATING FUNDS CONTINGENCY REPORT Prepared by Office Management and Budget Presented to the BOCC: April 25, 2000 FISCAL YEAR 1999-2000 F DS APPROVED FROM CONTIN NCY GENERAL FUND DEPARTMENT ITEM ACCOUNT # AMOUNT DATE Approved Budget Contingency 001-9910-599100-800 900,000 Administration Downtown Library Property 001-1900-561000-7952 8,570 12/07 001-1900-561002- 7952 1,336 12/07 Administration PSL High School Band 001-1900-582030-1 00 2,500 12/07 Admin/County Atty. Platts Creek Acquisition 001-1210-561000-3112 $78,000 12/07 001-1210-561002-3112 $6,000 12/07 Administration Health Deptllrnpact Fees 001-6210-562012-4609 50,598 12/14 County Attorney Platts Creek Acquisition 001-1210-561000-3112 (11,599) 12/14 Marine Safety Lifeguard Towers Repairs 001-2920-546200-200 10,000 03/07 Council on the Aging 10% match/homebound seniors 001-6900-582015-600 18,200 03/07 Civic Center Civic Center Sign 001-7510-563000-700 $95,000 03/14 Administration Impact fees -PSL Athletic League 001-1900-582000-100 7,007 03/14 Administration Florida Grapefruit Coalition 001-1900-582000-1 00 7,500 03/14 Leisure Services Equestrian Arena 001-7210-563000-76009 108,000 04/11 Administration White City Hisorical House 001-1930..563000-16010 $35,000 02/15 Veteran Services Computer 001-531.0-564000-500 1,240 04/18 Communications 001..5310-541000-500 800 04/18 Total used: Balance Available 418,152 481,848 Proposed action: Balance Available After Proposed Action: 481 G:18UDGETlQUATTROIGENERALIFORMS\AMENOMoo.wb3 04120100 DEPARTMENT Approved Budget Proposed action: FISCAL YEAR 1999-2000 F DS APPROVED FROMCONTIN CY FINE AND FORFlElrUREFUND ITEM ACCOUNT # Contingency 107-9910-599100-800 Total used: Balance Available Visiting Judges 107 -605-various-1618 Balance Available After Proposed Action: G:\BUDGE1\QUATTRO\GENERALIFORMS\AMENDMOO.wb3 04/20100 AMOUNT 20,000 o 20,000 2,200 17,800 DATE 04/25 DEPARTMENT Approved Budget Proposed action: FISCAL YEAR 1999-2000 FUNDS APPROVeDFROMCONTIN CY UNINCORPORATED SERVICES FUND ITEM ACCOUNT # Contingency 102-9910-599100-800 Total used: Balance Available Balance Available After Proposed Action: G:\BUDGET\QUA TIROIGENERALIFORMSlAMENDMOO.wb3 04120100 AMOUNT DATE 23,650 o 23,650 23,650 DEPARTMENT Approved Budget Proposed action: FISCAL YEAR 1999-2000 F DS APPROVED FROM CaNTIN CY PORT AND AIRPORT FtJND ITEM ACCOUNT # Contingency 140-9910-599100-800 Total used: Balance Available Balance Available After Proposed Action: G:IßUDGE1iQUATTROIGENERALIFORMSlAMENDMoo.wb3 04120/00 AMOUNT 50,000 ° 50,000 50,000 DATE FISCAL YEAR 1999ø2000 F S APPROVED FROM CONTIN CY MOSQUITO CONTROL DISTRICTFUND DEPARTMENT ITEM ACCOUNT # AMOUNT DATE Approved Budget Contingency 145~9910-599100-800 74,186 Mosquito Control Pepper Park Addition 145-6230-561000-46501 65,000 10/12 Pepper Park Addition 145-6230-561000-46501 (65,000) 01/25 Total used: Balance Available 74,186 Proposed action: Balance Available After Proposed Action: 74,186 G:\8UDGEnQUATTROIGENERAlIFORMSlAMENOMoo.wb3 04120100 DEPARTMENT Approved Budget Proposed action: FISCAL YEAR 1999-2000 F S APPROVED FROM CONTIN CY SANITARY LANDFILL FUND (SOLID WASTE) ITEM ACCOUNT # Contingency 401-9910-599100-800 Total used: Balance Available Balance Available After Proposed Action: G:I8UDGETlQUA ITRO\GENERAL\FORMSlAMENDMoo.wb3 04120/00 AMOUNT DATE 300,000 300,000 300,000 DEPARTMENT Approved Budget Proposed action: FISCAL YEAR 1999-2000 S APPROVED FROMCONTIN Y TOURIST DEVELOPMENT FUND(TOURISMj ITEM ACCOUNT # Contingency 611-9910-599100-g00 Total used: Balance Available Balance Available After Proposed Action: ;:\BUOGETlQUATTRO\GENERAL\FORMSlAMENDMOO. wb3 04120100 AMOUNT 12,419 o 12,419 12,419 DATE BOARD OF COUNTY COMMISSIÖNERS ST LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 18, 2000 Tape: 1-2 Convened: 7:05 p.m. Adjourned: 9:50 p.m. Commissioners Present: Vice Chairwoman, Frannie Hutcbinson, Cliff Barnes, Doug Coward, Paula A Lewis, Chairman, John D. Bruhn (late arrival 7:35 p.m.) Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director, Paul Phillips, Airport Director, Ray Wazny,Public Works Director, BiU Blazak, Utilities Director, Mike Leeds, Leisure Services Director, Don Cole, Acquisitions Manager, Mike Durette, Central Services Manager, Charlie Bicht, Purchasing Manager, Deputy Williams, A MiUie Delgado, Deputy Clerk Meeting opened by Vice Chair, Frannie Hutchinson. 1. MINUTES (1-061) It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held April 11, 2000; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS Mr. Bob Bangert, Holiday Pines resident, addressed the Board regarding the Urban Service area and reminded the Board that April 22, 2000 has been designated as "Earth Day". Ms. Rose Careccia-Wong, resident of River Oak Estates, addressed the Board regarding tree removal in her development. Ms. Wong presented pictures and signatures ITom her development. Ms. Wong requested the Board consider changing Ordinance 00-010 to what she felt would protect the trees in St. Lucie County. Mr. Robert Anderson, resident, thanked for the BoarélJor their recent action in having recyclables picked up properly by the hauler. Mr. Anderson once again addressed the disposal site. The County Administrator advised Mr. Anderson as well as the. Boarél that he had a conversation with a representative from Black and Veach this after, and theyare.stiU proceeding with their study. Harbor Branch was collecting the samples today. Mr. Patelfrom BCI Engineers also informed him that they are continuing to run the tests on the Seminole site and they expect to have a report in the very near future. -1- Mr. Charles Grande, Hutchinson Island, read a p~ragnlph that the Comprehensive Plan Study Group is looking to insert in ftont of the new Comprehensive Plan as part of the introduction. Mr. Herbert Beach, White City resident, addressed the Board and read a letter addressed to Com. Coward from the Historical Commission. Mr. Beach addressed his objection as well as the Historical Commission's objection to utilizing the Economy's property. Com. Coward stated he has not made up his mind one way or the other. He is trying to gather as much information as possible. Mr. Richard Beville, 81. Lucie County resident, addressed the Vegetation Removal Permits. Mr. Beville stated he felt the County was pushingtowar<ìs too many ordinances regarding the clearing of your property. He does land clearing andhefeels there are a certain amount of trees that need to be cleared in order to be able to access the property for drainage purposes etc.,. He stated he felt the one acre to half acre is in the wrong directìon and they should be going up hill instead of down hill. Ms. Betty Lou Wells, 1124 Jasmine Avenue, addresse<ìthe Ft. Pierce Port and Harbor Lands and asked if the MPO has been asked to look at plans for the Port area as the plans pertain to various roads, fly over and parking proposals. Com. Bruhn stated he has asked the County Administrator to bring those issues before the Harbor Advisory Committee. The County Administrator advised the Board that he has not had any discussions at this point with Mr. Bell and he is not aware of what Mr. Bell's plans are. The Harbor Advisory Committee is meeting next week and he does not have anything tôpresent to them at that time. However, as soon as he does, he will be taking it to them. Ms. Wells also addressed the City of Port St. Lucie impact fees issue. The County Attorney addressed Ms. Wells questions at1dstated they are now in the process of analyzing the county's options due tothe city'smo$ttecentaction. He will continue to analyze the issue and speak to the Board on an individual basis arid it willälso be discussed at the public hearing. 3. CONSENT AGENDA (1-1156) Com. Coward questioned item C-4A. The County Attorney advised Com. Coward as well as the Board that the intention was make sure they had access to remaining portions of their property. This is to correct a glitch in the transfer from the Igleharts to the fund before we gefFCT'sreimbursement. Com. Coward stated he understood the easement part, butdid not understand what steps are being taken to correct the access issue for us and asked the County Attorney to look into the matter. The County Attorney stated he would look into the matter and report back to the Board . It was moved by Com. Lewis, seconded by Com. Coward, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. I. WARRANT LIST -2- The Board approved Warrant List No. 29. 2. ADMINISTRATION Lobbyist Services- The Board approved entering into an agreement with Lewis, Longman & Walker, P.A. for Lobbyist Services through the endoftrus Legislative Session in an amount not to exceed $21,000. 3. PUBLIC WORKS A. EngineeringIBriargate M.S.B.U- The Boargapprovedthelnterlocal Agreement with Ft. Pierce Utilities Authority and the City ofFortPierce to provide potable water to the Briargate Subdivision and authorized the Chairmanto sign the agreement. B. Engineering/Change Order No. 1- The Boardappfqved the change order in the amount of $8,800.43 resulting in a total contractamoµntof$342,748A3 to the contract with Ranger Construction Industries for the south 25!ùStWidening-Ponds B,D,E, & F release retainage and make final payment in the åmount·of$42,949.98 and approved accepting the project and authorized the Chairman to sign all documents. C. EngineeringIWork Authorization No. The Board approved the work authorization to the agreement with Inwood Consulting Engineers in the amount of$8,635 for Research Center Road Landscaping Design and authorized theChåirman to sign the authorization. 4. COUNTY ATTORNEY A. Bluefield Ranch Corrective Easement Grant-The Board approved the Corrective Easement Grant, and authorized the Chairmantosignithe.Easement and directed staff to record the document in the Public Records ofSt.LucieCounty. B. Permission to Advertise/Ordinance No. 00-17-/Fire Hydrants- The Board approved advertising Ordinance No. 00-17 as drafted. C. S1. Lucie County Sports Complex Security-'I'heBoard approved the proposed Fourth Amendment to the Interlocal Agreement with the City of Port S1. Lucie for traffic control and security at the St. Lucie County Sports Complex and authorized the Chairman to sign the amendment. -3- 5. INVESTMENT FOR THE FUTURE Allocate funds to move the F1. Pierce Farms School... 'I'heBoard approved the reallocation of the $30,000 from the North Caµseway Island Project No.7éi23to the F1. Pierce Farms School Project No. 7624 and approved Brownie & Sons Inc., as a sole source in moving this structure. 6. VETERAN SERVICES A. Equipment Request 00-211 and Budget Amendment No. 00-130- The Board approved the equipment request and budget amendment to transfer funds from contingency to Veteran Services in the amount of $2,040 to provide funds Jleededfor expenditures related to the relocation of Veteran Services from F1. Pierce to Port S1. Lucie. B. Equipment Request No. 00-208 and Budget Amendment No. 00...129- The Board approved the equipment request and budget amendment to transfer funds from Office Supplies/Computer to Software to purchase database software. 7:35 p.m. * * * At this time the Chairman entered the Chambers and took his position on the dias. The gavel was then passed from the Vice Chairman to the Chairman and he continued to preside over the meeting. REGULAR AGENDA 4. COMMUNITY DEVELOPMENT (1-1319) A RESOLUTION No. 00-01 1 lLegislative- Considerstaffre.commendation to approve the Resolution adopting the St Lucie County Unified Local Mitigation Strategy. It was moved by Com. Barnes, seconded by Com. Coward, to approve Resolution No. 00-011; and, upon roll can, motion carried unanimously. B. ORDINANCE No. 00-01O-lLegislative- Considerstaffreçommendation to approve the Ordinance amending Section 6.00.00 VegetationPrqtectionand Preservation and Section 11.05. 06 Vegetation Removal Permit, of St. Lucie County Land Development Code. Ms. Amy Mott, Resource Protection Coordinator,addressedtljeBoard regarding the Ordinances 00-010, 00-011, 00-012,00-013. These are the firstqftwo required public hearings, the second public hearings to be held on May 16 at 7:00 p.m. or as soon thereafter as possible. Ms. Mott advised the Board that the recommendati()nmade. in prohibiting the use of Cypress Mulch was made by the Vegetation Protection AdvisqryCommittee and staff felt it would be difficult on the Code Enforcement end and would like tore-word that sentence to "not recommending the use of Cypress Mulch" as opposed to prohibiting . Com. Barnes questioned page 7 item C I-b, 0- 00-010regardingthedistance of either 6 ft, lOft. or two thirds of the radius of the drip line from all protected hardwood trees, whichever is greater. -4- Ms. Mott advised Com. Barnes that this item was underlined and should have been stricken out It was already in the code. The number 6 and 2/3 should be struck out. Com. Barnes concurred. Com. Barnes also questioned the paragraph concerning Shrubs and Hedges and stated he was not sure what was being exempted where it reads, 25% of the quantity of planed shrubs shall consist of native species. He asked how this relates to the 100% ofthe 75%. Ms. Mott stated the 100% changing to the 75% refers only to trees which is noted on page 8, i. The shrubs and hedges previously did not have any specifications as to native requirements and many plans were going through with non-native species and the committee felt this was a way to introduce the use of native shrubs to the landscaping. Com. Barnes stated this was a good point. He also questioned number 71 Native Vegetation and expressed what he would like to see added . Com. Barnes stated he would like to see a ban on the sale and use of Cypress Mulch in St. Lucie County. He read an article where they were destroying many Cypress Trees. He requested language be added stating Cypress Mulch is banned or eliminated. Com. Barnes then commented on 0-00-012 where he felt the Wedelia plant should be removed from the list on page 6 of the ordinance . Ms. Mott stated this was one ofthe plants on the list which was underlined for removal as well as the Asparagus Fern, they wiII be added to the categoryT-list. Com. Coward commented On 0-00-01 0, page 4 ,6.00.04firstparagraph, he requested the following language be added to the last sentence, "or native trees protected "as per 6.00.05 D. of the ordinance. Com. Coward commented on the table way to come up with a positive end result. doIlars to tell us what trees they are to we are done. He would like for staff"to to be a cost effective spend thousands of us with any benefit when Com. Hutchinson commented on the fee for followupinspection. Com. Barnes asked if this was being charged up front Ms. Mott advised Com. Barnes that this is charged up fi-ont. Com. Hutchinson asked if this charge was for strictly a commercial site or did it include residentiaL -5- Ms. Mott advised the Board that it is for wha.t she believed was non-residential sites. She noted that some language would have to be added to speci:t:ythis. Mr. Bill Hearn, Indrio resident, expressed his concerns with the vegetation ordinance. The Fire Department has recommended that all residences maintain a 30 foot barrier of vegetation around their home to avoid fires and he felt this is somethingtheymaywantto.consider when issuing permits. The other concern is the. fact ofIife in North County at the present time. LandcIearers have devastated the Indrio North Savanna acqµisitiollpropertywithhuge/pine.root systems in the roads and the right of ways on the property thatha:rbeen acquired recently. He suggested language be added that would require a stated way AfgisPOsal whether itbe at the landfill or bum this debris and make sure it is done this way as oPPosed to it being dumped on someone's private property in some isolated part of the county. Mr. Robert Anderson, area resident, addressed 0-0011, his concern was that he lives on a sand ridge which limits the amount of native trees. There are many piles in the area made by someone who requested re-zoning for 6 contiguous lots. Noonehasaddresseg thisissue for years. Me. Anderson stated he would like to see something placed in the ordinance, that if you clear it, you need to dispose of it. Com. Coward questioned already having something in the·code which states whatever is removed must be properly disposed of Ms. Mott stated there was not this type of a stipulation in the vegeta.tion protection section. Com. Coward requested they look into this and bring it back to the Board at the next meeting. Ms. Betty Lou Wells, member of the Advisory Committee, commended Ms. Mott for her work on these ordinances. Ms. Sabine Llµ1ge-Marcks, member of tbe Ve¡¡t'~~~Qnrr~teétíon Committee addressed the Board regarding the finlµ1cia1 burden it would pIaco OnWed~el?PertQ¡>ín point every tree. They had discussed and decided not having an inventory list requirement for the 5 inch or greater tree and hoped it would be changed before the next hearing. Corn. Leis questioned the first part of paragraph 6 regarding th permit requiring the mitigation of trees. Ms. Mott stated that as far a the maintenance ofIandscaping, she asked Com. Lewis to review 0- 0011, page 5, where it states that it is a requirementío have an 19 month Post-planting landscaping inspection for newly instaIled required landscaping. Corn. Coward questioned the term landscaping utilized in part of paragraph 6 as opposed to mitigation as is written in the beginning of the paragraph. -6- Ms. Mott stated they would insert the word mitigation in place of the term landscaping. Com. Coward commented on outside residents coming in to the. area from out of town and cutting down a tree not knowing the difference between an Oak tree or a Mango tree. Mr. BeviHe stated there are only a minimal number of people destroying trees in the county and he asked why don't we have an ordinance which stipulates one tree for every 2500 feet of area. Mr. Beville stated he was in favor of stipulating the same restrictionsfcr those who have only ~ acre as wen as those who have 2 or more acres. They also need to think of those trees close to the houses which may be hazardous during a storm. He asked that everyone work together to have a simplified ordinance and that it be fair for those who have ~ acre and below as well as those who have ~ acre and above. Mr. Hearn stated he did not want to give the impression that everyone should be required to remove their vegetation within 30 feet. He stated it would be those who wanted to should be able to. Com. Hutchinson stated she just wanted to make sure that the impression would not be given that they could not do so. The County Attorney stated the only action needed was the direction ofthe B~ard to staff to take the comments from the Board and the public into consideration and proceed With the second public hearing. C The Board so directed. ORDINANCE No. OO-Oll/Legislative- Consider staffrecCrrµnendationto app:ove the ordinance amending Section 7.09.00, Landscaping and Screening of the St. Lucie Land Development Code. No public comment Corn Coward uestion section b number 2, where it states, no creditshalLbe.~r~nted for tree~ which are locat~d within recreational tracts, golf course.s 0: similar subareas withm planned umt developments. He asked that this be modified and credlt given. Com. Barnes concurred. Con:. ~oward ~lso referenced page :4.' C-4, he a!:'kedthe language read, the number of co~t~numg parking spaces and the mmImum required distance may be altered to accommodate eXIstmg trees. Com. Barnes concurred. ~orn. Coward also referenced page 18, items 1- 4, 5 ; he feltthis was going too far and is a rughtmare for our staff to enforce and going too far in telling people they need to plant shrubs etc., that's too much. Com. Barnes and Com. Lewis concurred with Com. Coward's comments. Board action: direct staff to take Board comments into consideration and proceed with the second public hearing. -7- D. ORDINANCE No. 00-0 12/Legislative - Consider staff recommendation to approve the ordinance amending Section 2.00.00 Definitions,and<arnending7.09.0<5 Standards for Native and Drought Tolerant Vegetation of the S1. Lucie County Land Development Code. No public comments Com. Coward stated he was pleased to see that we were addressing the issue in terms of definitions and landscaping. But, he would like for staff to come up with incentives to build into the land development process. Ms. Mott stated that the only incentive they have included at thistirne regarding the scrub habitat is that if the tree or shrub size in the native species Was not available at that time, they would accept lesser sizes. However, they can look at this again. Com. Coward stated he would like this explored. The Board directed staff to take their comments in consideration and proceed with the second public hearing. E. ORDINANCE No. 00-013/Legislative- Consider staff recommendation to approve the ordinance amending Section 7.09.05 (A)(1) Landscaping and Screening, Removal of Exotic Vegetation. Mr. Herbert Beach, White City resident, addressed and asked if clarification as to what this ordinance was about. Ms. Mott addressed Mr. Beach's questions. Mr. Beach addressed some residents wanting to keep the Brazilian pepper trees and the Maleluca and Australian pine trees for shade . The Board discussed the height of trees and the cost.ofrernoval of these category 1 trees. Ms. Mott stated they could change the list to just those trees th¿¡,t are shallow rooted. Com. Coward expressed his concerns as to how this wouldirnpact local families who are wishing to build homes. Direction given to staff to take Board comments into consideration and proceed with the second public hearing. 5. COUNTY ATTORNEY (2-1640) A. Lease Purchase Agreeroent-I Ancient OaksPreservel$conoroy Property in White City- Consider staff recommendation to approve the LeasePurc.hase Agreement with the Trust for Public Lands and authorize the Chairman to sign the agreement The County Attorney addressed this issue. Com. Coward clarified that they are not taking action on any specific use of the property as identified in the conceptplans, they are noted there for what can be considered in the future. They have not taken action as to where the Rasmussen House will be located. It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. B. Proposed Purchase- Consider staff recommendation to provide staff direction on whether to attempt to purchase the 4.88 +/- acres 011 Oleander Avenue adjacent to the Ancient Oaks PreserveÆconomy Property in White City. Com. Coward stated he felt that from an access stand point it was critical to make this a useable active recreation site for White City and the central parts of St. Lucie County. Staff was directed to do the du-diligence and try to acquire this site through TPL so they have the lease purchase agreement and the flexibility if they don't apply this year they can apply next year. Com. Coward reminded them they needed to be careful because FCT has the one year restriction after your file to be able to get reimbursed, if we fail this year we may be stuck The County Attorney stated they would go back and see if they were comfortable with that, if they are, then this is how he will proceed. 6. AIRPORT (2-2152- ) Funding Request- Consider staff recommendation to approved the funding request to the Florida Department of Transportation (FDOT) MdtheFe(ieralAviation Administration (FAA) for the design and construction of airfield signagê of Aìrport contingencies as the local match for this funding request. It was moved by Com. Barnes, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned at 9:40 p.m. of Circuit Court -8- Smithsonian National Museum of Natural History Office of the Associate Director for Research and Collections April 20, 2000 Douglas M. Anderson County Administrator St. Lucie County 2300 Virginia Avenue Administration Annex Fort Pierce, FL 34982-5652 Re: Letter of Intent - Education Exhibit Dear Mr. Anderson: This letter sets forth the intention Florida ("County") and the to develop suitable exhibition space in Smithsonian's "ExplorÎ:r¡g MaTine entirety at the Smithsonian's County and the Smithsonian have project. The following sets forth the such agreement and the relationship Lucie County, into an agreement of the on display in its ofthe general scope of this terms to be included in 1. Exhibit Description. The Exhibit,previouslYilvailable from the Smithsonian's National Museum of Natural History where it has bee:r¡developed and displayed over a period of20 years, is a model of a living Caribbean coral reef ecosystem, (:P!I1piled by sckntists through years of research and field work. Contained in approx:im<ltelY2QOOg<lI1onsof sea water, the Exhibit consists of a living coral reef with hundreds of pI ant and.<lnhnaLspecies, including various fish and invertebrates, interacting with each other <lndtheire:r¡vironment. To maintain the delicate reef-building ,orals, the model ecosystemincludesintensesirnulated sunlight and a wave generator. Also induded in the Exhibit is <l sm<lI1erlagoonal ecosystem of approximately 12 square feet of well-established sea grasses growingin9 inches of substrate, with associated fauna. The Exhibit will serve as an educational resource for St.Lucie County as well as the Treasure Coast and the broader communityofFlori<iians. Starting with coral reefs and sea grass communities, it will provide the basis fpr developingaddition<llexhibits relating to the Indian River Lagoon. An objective of the Exhibitis topromotepllblkundersta.nding of the nature and importance of marine ecosystems and to encourage a conserv<ltion ethic regarding marine environments. 2. Building Construction. Within six (6)mo:r¡thsfrom the date of execution of an agreement by both parties, the County agrees toconstru.,t and furnish a building of approximately two thousand five hundred (2,500) square feet to house the Exhibit, additional Throughout this Letter of Intent, the use of the word"shalI" is to be construed to refer to mandatory actions or responsibilities ofa party upon execution of the later agreement and not to imply any requirement to act or undertake a responsibility prior to execution of such later agreement. S1vfITHSONIAN INSTITUTION National Museum of Natural History 10th & Constitution Avenue NW Washington DC 20560 exhibit space, an educational classroom, gift shop, office space and restrooms, at no cost to the Smithsonian ("Building"). A. Location. The COl.lnty will construct the Building on a site adjacent to the St. Lucie County HistoricalMuseumip-iSt. Lude County as generallYdepkted in the map attached hereto as .Exhibit A. Unless otherwise stated inthe written agreement between the parties, it is understood that the Smithsonian shall be the only occupant of the Building during the term. B. Design. The County will retain an architect/engineer as needed and obtain all required permits. A copy of the pI'oposed Building design and final design will be forwarded to the Smithsonian for review ªp.dapproval priorto commencement of construction. The Smithsonian agrees to cooperatewithªnd provide technical advice to the County as necessary on the requirements for exl1ibit space dl.lringdesign and construction of the Building. The County shall provide all fUI'nishings for the Buildingatno cost to the Smithsonian, in accordance with the Smithsonian's reasonable requirements. C. SmithsonianEnviromnentalRequirements. The County acknowledges that the Smithsonian has specific envirop.rnentalrequirements for exhibit space, as generally described in this Letter ofIntent (to beset forth in further detail in the agreement). The County will construct the Building in accordance with these r¡;quirements to create the proper environment within the Building for protection oftheE:x4ibit, including but not limited to (i) HV AC requirements; (iî) lighting requiremel1ts; and.(iii)ª¡xy specific construction and fabrication necessary to unload and transport the Exhibitinto the Building. 3. Exhibit TransportandSet-Up. The Smithsonian Ip-stitution will be responsible for transporting the Exhibit from Washington, D.C;, to St. LudeCounty, at no cost to the County, and for the unloading, installation and hanglingi.of the Exhibit. The Smithsonian will ensure that unloading, transporting and handling of the Exl1ibit are conducted per Smithsonian requirements, and the Countyhas agreed toç{)operate withtl1e Smithsonian in that regard. The Smithsonian shall take reasonable precautionstopreservetl1e Exhibit components during the move, but both parties recognize the possibility that moving an exhibit of this size may injure or kill some or all of the live specimens. 4. Arrival Date' Date. The date o.n which the Exhibit will arrive at the Building for installation (the "Ar Date") shall be subjeçt to the written agreement of the parties. The County acknowledges that the Smithsonian wiII rely on the Arrival Date in order to coordinate transportation and installation of the Exhibit. In the event that the Arrival Date is delayed due to a delay in Building completion or due to events withintheCounty'scontrol, the County shall be responsible for all costs assodated with storage of the1::xhibit, if any, until such time as the Exhibit may be transported to the Building. The parties shallalsodeterrnine a projected opening date for the Exhibit, allowing sufficient time for installation and stabilization of the Exhibit. 2 5. Building Maintenance; Utilities. AllS{)stsofop¡;rating and maintaining the Building shall be handled and paid for by the County at nç¡çost to the Smithsonian, including but not limited to opening and closing the builging, the.proyision of all utilities, and regular cleaning and building maintenance, in conjunction with Smithsonian's environmental and other requirements. The County will keep the buildingin good repair, and agrees to work with the Smithsonian to address any problems immediately. [Building security to be discussed with the County.] 6. Exhibit Maintenance; Staff. The Smithsonians}¡allprovide appropriate technical staff and other staff time needed to operate andmajntaintheExhibit and to develop and provide certain educational activities as mutually agreed by the parties. For all purposes, the Exhibit shall AP 25 2000 9:00 AM BOA COMMISSIO WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These iterns are considere¡jrqutine an.dare 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 iterns are usually heard On the first andthird Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if apub¥chearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 AM., then.public hearings will be heard at 9:00 AM. or as soon thereafter as possible. These timedesigr¡ªtions are intende¡j 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 befo.re the CommiSl';ion under department request or public hearing, the order of presentation is: (1) . County staffpresentsthe details of the Board item (2) Commissioners cOrnment (3) if a.public J:¡earing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state yo.urnarneand ªdéLress, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are preseIlted 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 opento the public and are held o.n the first and third Tuesdays of each month at 7:00 P.M. and on the second q.ndfourthTuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the C01U1ty CommissiQn Chq.¡nbers in the Roger Poitras Administration Annex at 2300 Virgi)1ia Ave., Ft. Pierce,:FL34982. The Board schedules additional workshops throughout the year necessary to accornplish their goals and commitments. Notice is prOvided of these workshops. Anyone witha.disg]:>ility requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 BOARD OF COUNTY COMMISSIONERS April 25, 2000 9:00 AM. INVOCATION PLEDGE OF ALLEGIANCE MINUTES Approve the minutes of the meeting held April18,200Q. 2. PROCLAMATION/PRESENTATION A. Utilities Award - Bill Blazak the Board. theDavid W. York Reuse Award to B. Resolution No. 00-87- SuPPor~ingthe pµrpÇJsesofthe Florida World War II Veterans Memorial Act - Consider staff recommendation to adopt the resolution as drafted. C. Presentation - Investl11entfor the FuturejUpdate on the progress of Beach Park Projects by Recreation Design .& Construction Inc. (RDC). 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA 5. COUNTY ATTORNEY Resolution No. 00-86 - drafted for Florida Power & adopt the resolution as NOTICE: AIIProce~çlings before this Board aœelectronicaJly r~CQ takenbv the 130ard at tliese meetings will need a recordoHh~ a v~rbatimrecQrd of the proceedings is made. Upon the reg during a ht';!aring will be sworn in. Any party to the proc~eçlt indivŒ:!ual testi¡Yingduring a hearing upon request. AnYOne meeting should cQntactthe St. Lucie County Community Services Manageréit least forty-eight(48) hours prior to the meeting. on Who decides to app.eal any action such purpose may neeäto ensure that prQceedings. mdividuals testifying e opportunity to cross-examine any uiring accommodation to attend th!s 462=1777 or TDD (561) 462-1428 at REGULAR AGENDA APRIL 25, 2000 PAGE TWO 6. COUNTY ATTORNEY A ] ob GrowtÞ.lncentive Grant - Consider staffrecommendation to approve the grantagre¢ment with Tamlite Lighting and authorize the Chairman to sign the agreement. B. Proposed Ordinance Regulq.tingMoving Companies -Consider staff recommendation to deterrrliµe whether. to direct staff to draft a proposed ordinance for Board consideration. 7. PUBLIC WORKS Engineering / Work Authorizq.tion No. 5 CQnsider staff recommendation to approve the work q.uthoriza.tion to tþeagreeJ.11entfor Roadway and Intersection Design with Inwood Consulting Engineersinthean10unt of $81,571 for Picos Road Paving and Drainage Improvements, approval of the. project budget as outlined, and authorize the Chairman to sign the work authorization. 8. ADMINISTRATION Bi-weekly Committee Reports The BOª-Td will give updates on the various committees and advisory boards that they serve on. WARRANTS LIST Approve warrants list No. 30 2. LEISURE SERVICES A. Sponsorship Agreements for the South County Regional Stadium _ Consider staff recomrn~ndationto approve the sponsorship agreements with FP&L; Edlund & Dritenbas;iMorgap, Stanley, Dean Witter; Garrison Froljch & Associates; and Community Savings, FA, and authorize the Chairman to sign the agreements. 13. Budget ResolutionNo. 00-085 -Considerstaffrecommendation to approve the acceptance ofJhefirstYj~r$500 Corporate Sponsorship Installment from Edlund & Dritenbas,.apprQvetbe budget resolution and authorize the Chairman to sign the letter of appreciation. c. Permission to Advertise - COIls~derstafrreconunendation to advertise a request for proposals to enter into alease agreement to operate concessions at the Fairwinds Golf Course, D. Funding for bleachersforSouthCollnty Regional Stadium - Consider staff recommendation to approve fUBdingforthe bleachers for the South County Regional Stadium using Park Impact Fees. E. Agreement Amendment / Cbildreh's Enyiroronental Learning Center _ Consider staff recommendation to approve Amendment No.5 to the agreement between StLucie County aAd the Florida. Department of Environmental Protection(DEP)extendingDEPContract No. ADM 511 to July 31,2000, forthe constructtonoftheChildrep's Environmental Learning Center; and authorize the Chairman to execute the amendment. 3. INVESTMENT FOR THE FUTURE A. Engtneering/ Work Allthorization No.3- COIl~tder staffrecommendation to approve the workallthorizationto the.a.greeil1entwith.Kimley-Horn and Associates, Inc., forEngine~ringSer\'ÎcesrelatedJO bridge design for Taylor DairY Road/BelcherCanal(C2 5); Edwards Road/Five Mile Creek; Glades Cut- Off Road at C24;Juanita Avenlle(Taylorcree1c,for a total of $22,500, and authorize the Chairman tosigIltheauthorization. 13. Engineering! Work AllthorizationNq. 6-(:ollsider staff recommendation to approve the work authorizati9nwithculpepperand Terpening, Inc. for Roadway and Intersection Design Ìl1theamountof $27,700 for South 25th Street / St. James Drive Mitigation Plan and authorize the chairman to sign the authorization. CONSENT AGENDA APRIL 25, 2000 PAGE TWO 4. PUBLIC WORKS Road & Bridge / Assignment Authorizq.tion-.. Consider staff recommendation to reinstate the Assignr:nentAuthorization dated October 10,1995 with LBF&H, Inc. for the design of the Intersection IIIlproyements at the intersection of Midway Road & Glades Cut-OffRoq.d in the amount of $197,500 for a total design cost for this intersection of $284,585. 5. MOSQtJITO CONTROL QueeIls Island recommendation to approve the and 100·016 in Phase I, and estimated at $107,040in pre-acquisition and Understanding (MOU) for Sale - Consider staff Tract Numbers 100-015 Sensitive Land Funds percentage share of the the Memorandum of Agreement. 6. PURCHASING A. Bid No. 00-031 - Consider staff recommendation to award the Waste Collection at County Fq.cilities- Recyding)Component to Choice Sanitation in the amount of $ 5,00 permonFh per 9.0 GªJlOIl çan for office paper and no charge for cardboard, an.d authpri;z;e the Chairman to sign the amendment to the Choice Sanitation CollectìonCpntract as prepared by the County Attorney. B. Bid Waiver and Sole Source· Considerstaffreçommendation to approve the request for a bid waiver.and solesourc~purchase from. VuGate for video recording equipment for the.systern between the Courthouse and Rock Road Jail in the amount ofS41,604,aut1J.orize the chairman to sign the contract as prepared bytheCOUIltYAttQrney, and approve Equipment Request No. 00-213 and Budget Amendment No. 00-133. C. Permission to Advertise forBids -Consider staff recommendation to approve the request for permission to advertise bids for sod. D. Bid No. 00-027 - Consider staffrecOIl1ITlendlitionto reject all bids and grant permission to re-advertise for bids for. an asphalt vibratory roller for Road & Bridge. E. Hurricane Irene Emergency Purc1J.q.se Orders Consider staff recommendation to approve the emergency purchase orders issued. '-" ...., CONSENT AGENDA APRIL 25, 2000 PAGE THREE 7. COUNTY ATTORNEY A Certificate of Public Convenience and Necessity (CON) - Consider staff recommendation to approve the application of Atlantic/Palm Beach Ambulance, Inc., d/b/a American Medical Response for renewal of its Class C Certificate of Public Convenience and Necessity based upon a determination that AMR remains in compliance with the terms of its CON and Chapter 1-12.5 of the Code of Ordinances. B. Certificate of Public Convenience and Necessity (CON) - Consider staff recommendation to approve the application of Coastal Care Corporation, d/b/a Coastal Care Advanced Life Support for renewal of its Classes B and F Certificates of Public Convenience and Necessity based upon a determination that Coastal remains in compliance with the terms of its CONs and Chapter 1-12.5 of the Code of Ordinances. 8. COMMUNITY DEVELOPMENT Traffic Impact Report Waiver - Consider staff recommendation to approve the request for relief from Section 11.02.09 (A) (4), St. Lucie Land Development Code, Traffic Impact Report for the Turtle Nest Subdivision. CÐ ADMINISTRATION St. Lucie County International Airport / Donation of Surplus Facilities to St. Lucie County Fair Association, Inc. - Consider staff recommendation to declare Buildings 2 and 3, the livestock arena and the small animal arena located at the St. Lucie County International Airport surplus property pursuant to Section 274.05, Florida Statues, and authorize the donation of said property to the St. Lucie County Fair Association, Inc. for removal and relocation to the new fairgrounds on Midway Road. 10. MANAGEMENT AND BUDGET Budget Amendment No. 00-134 - Consider staff recommendation to approve the budget amendment authorizing the Office of Management and Budget to move $2,200 from the Fine & Forfeiture Fund contingency account into the appropriate accounts. '-" .."", INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 00-572 DATE: April 20,2000 SUBJECT: Smithsonian Institution - Letter of Intent - Exploring Marine Ecosystems Exhibit ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: County staff has been discussing with the staff of the Smithsonian Institution the possibility of locating a portion of Smithsonian's "Exploring Marine Ecosystems" exhibit in St. Lucie County. The exhibit was previously on display at Smithsonian's National Museum of Natural History for over 20 years. The exhibit is a model of a living Caribbean coral reef ecosystem and contains approximately 2000 gallons of sea water along with hundreds of plant and animal species. If the Board approves the relocation of the exhibit to St. Lucie County, the exhibit would serve as an educational resource for St. Lucie County residents as well as people from the Treasure Coast region and the State. A ttached to this memorandum is a copy of a Letter of Intent signed by Smithsonian. Under the terms of the Letter, the County would agree to construct and furnish approximately three thousand six hundred and ninety-one (3,691) square feet to house the exhibit, additional exhibit space, a classroom, gift shop, office space and restrooms. The County will construct '-" ..., the building adjacent to the St. Lucie County Historical Museum as depicted in the map attached to the Letter. Funding for construction of the building is available in Account Numbers 316-1930-562000-76007 and 310003-1930-562000-76007. After the building is constructed, Smithsonian will provide technical staff needed to operate and maintain the exhibit as mutually agreed by the parties. Smithsonian has agreed to operate the exhibit for at least six (6) months. County staff has discussed with St. Lucie County School District staff the possibility of cooperating in operating the exhibit for educational purposes and using the School District's Construction Manager at Risk through an inter local agreement to construct the facility. County staff has also discussed with Indian River Community College staff the possibility of providing two (2) additional aquariums, one (1) to be used as an Indian River Lagoon exhibit.. As indicated in the Letter of Intent, the Letter does not constitute a binding agreement but serves as a basis to continue negotiations and proceed with preparation of an agreement. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the letter of Intent and authorize the Chairman to sign the Letter of Intent. Respectfully submitted, ¡2;J¡j14l Daniel S. McInty~1 ) County Attorne~/ ./ DSM/ caf Attachment '-' '-II be deemed to be under the custody, care and control of the Smithsonian or its authorized representatives while it is in the Building. 7. Expansion. The parties agree to discuss the expansion of the Exhibit site to include additional exhibits relating to the Indian River Lagoon. The parties agree also to discuss a use charge for the Exhibit and a potential gift shop. It is anticipated that approximately one hundred forty-four (144) square feet in the Building shall be developed as a gift shop for the sole purpose of offering for sale to the public educational products that further the mission of the Exhibit and of the Smithsonian Marine Station. Responsibilities of the parties related to development and operation of such shop and a revenue-sharing arrangement shall be discussed with the County and finalized in the agreement between the parties. 8. Publicity; Promotion; Credit. It is anticipated that the parties will share responsibility for all publicity and promotion relating to the display of the Exhibit in the Building. This activity may include, but is not limited to, providing informational materials to schools and other educational institutions as well as exposure in newspapers, radio, television, and other media, as appropriate and as agreed to by the parties. In addition, the County agrees to actively advertise and promote the Exhibit as a part of its tourism promotion programs. A. All promotional and publicity materials related to the Exhibit, whether in written, visual, audio, Internet or other forms of media must be pre-approved by the Smithsonian prior to publication, in accordance with Paragraph 9., "Use of Smithsonian Name," herein. B. Except for news media coverage and recording for the County's internal and archival purposes, the County agrees that no recording of any kind, audio or visual, will be made of the Exhibit for commercial use without the Smithsonian's prior written approvaL The Smithsonian shall have the right to require payment of a reasonable fee for such privilege. C. The Smithsonian shall be identified as the owner and producer of the Exhibit in all promotional and publicity materials. The official credit line for the Exhibit tentatively shall be the "Smithsonian Marine Ecosystems Exhibit." D. Notwithstanding anything to the contrary in this Letter ofIntent, the provisions of this Paragraph 8., "Publicity; Promotion; Credit" shall be effective immediately. 9. Use of Smithsonian Name. The County may use the names "Smithsonian Institution," "Smithsonian," and "Smithsonian Marine Station at Fort Pierce" (the "Names") and the name of the Exhibit solely in connection with the promotion of and publicity for the Exhibit, provided all language and phrases concerning or referring to the Smithsonian and/or the Names shall be pre- approved in writing by the Smithsonian. Once so approved, such materials may be used again without additional approval provided the additional uses are substantially similar in form, context, and medium as the initially-approved materials. Other than as specified herein, the County agrees not to refer to the Smithsonian or to any of its museums, offices, organizations or facilities, or to the Exhibit, in any manner or through any medium for any purpose whatsoever, including but not limited to advertising, marketing, promotion, publicity, solicitation or fund raising. The Smithsonian will work with the County to ensure that proper parameters are established in the agreement for the County's use of the Smithsonian Names and Exhibit name. Notwithstanding anything to the contrary in this Letter ofIntent, the provisions of this Paragraph 9., "Use of Smithsonian Name," shall be effective immediately. 10. Indemnification; Insurance. The parties intend to address indemnification and insurance requirements in the negotiated agreement. 3 '-" II. Negotiation of Agreement. With the exception of Paragraphs 8. and 9. herein, which are effective immediately, this Letter of/ntent, signed by both parties, does not constitute a binding co ntract but rather serves as a letter of intent justifYing each of the Parties to continue negotiations and proceed with the preparation of an agreement. Within ninety (90) days of execution of this Letter of/ntent, the parties wiU endeavor to negotiate a mutuaUy acceptable written agreement for the implementation of this project which will indude a detailed description of the responsibilities of the parties and related costs, a timeline for cOmpletion of deliverables, the teno, and other terms and conditions. The parties may agree in writing to extend the ninety (90) day negotiation period. In the event that the parties are unable to reach agreement within the ninety (90) day period and the period is not extended by the parties, this Letter of Intent shaU terminate and the parties shaU have no further obligations to each other. ....., If you are in agreement with the tenos as set forth above, please so indicate by signing in the appropriate space below on both originals of this letter and returning one (1) original to the attention of Susan Engelhardt of this office. Sincerely, We look forward to Working with the County on this exciting project. ~ ~ S;;;'ð.." Ross B. Simons AssOciate Director for Research and Collections National Museum of Natural History ACCEPTED AND AGREED: ST. LUCIE COUNTY Authorized Representative Title cc: Susan Engelhardt, OCon Robert Fri, NMNH John Lapiana, OGC Mary Rice, SMS Robert Sullivan, NMNH John Cobert, OCon Date f 4 . . i f ~ ¡ ! t I I ¡ i i. ! I I I I I I I I I I I I ~ . I i ! I 1 I ¡ '- '-" -....I OFFICE OF MANAGEMENT & BUDGET MEMORANDUM 00-34 TO: Douglas Anderson, County Administrator FROM: Marie Gouin yv\\\\q Interim Management & Budget Director SUBJECT: Smithsonian Museum Project DATE: April 24, 2000 The county's portion for the Smithsonian Museum will be funded with $100,000 ftom Public Building Impact fees(310003) and $300,000 ftom the County Capital Fund (316). Attachments: Building Impact CIP cc: Gary Perdew G:\BUDGET\WP\MEMOS\MemOOO\OO-34ARTSINPUBLICPLACES.wpd G> '-' "'" fi¡ c 0 G> m ~ m < m z c m - 3" "0 OJ -i-i m oro Q) IP.. » 00 x 0» ç ~~ "'U rr ïJ m rCD CD Z rr 000 OZ OOOO~~ CD 0 en m m:::o -i-i-i -d2 -i-i-i-i-i. "6 Xm :::0:::0:::0 :::O-i :::O:::O:::O:::OÕCD ~ "'U< .þ.c»N ......C .þ.C»N...... CD 0- mm :::0 Z oj Cf) ZZ -i ro m Cf) ë: 3 oc 0 0 Cf) Qo -im ~ 0 F r:+ " ::T C S' Z I en r -i 0 ::;0 co 0 -i ëiï ::J m ~ » - ¡¡j' Cf) -i ~ ::J "'U @ -i» 0- ~ m Q) Or C» Z ~ -to ~ 0 »0 en CD ::¡ "0 rr ~ Q) :::or 3 c ::J mm :::0 en m õ· <0 Cf) ::J m::! zO cz mCf) Cf) 0 4I't -En 4I't C 4I't -En -En -En ~ W C»O) C» C» 0) -En -En 0'1 C) 0'1 0'1 0'1 0'1 0'1 0'1 0'1 CD ~ C) 00 0 0 O.þ. .þ. 0) 0 Q NN N N NN N 0 0 C) CD CD CD CD CD CD CD 0 W 0) CD 0) 0) CD 0 0 CD 4I't -En -En -En -En N ...... C» C» -En -En C» W 0 C» C» J\) J\) 0 Ø) 0 0) 0)....... ....... CD ......... 0 ....... :.....-C» ""c:.3 ""c:.3 w 0 -En C» -En -En C»O) 0) ....... .... 0 0...... 0 0 ......0 0 ...... -En -En -En -En -En -En -En -En U'I ...... c»CD C» C» CD -En -En CD w 0 0'1 co 0'1 0'1 co CIO co 0 0) 0 0....... 0 0 ....... ...... ...... 0'1 :..... 0 NO N N om m C» C» -En 0 CD C» CD -En -En -En CD -En C» 0'1 -En -En -En 0'1 co U'I 0 0 0)...... 0) 0000)0 ...... ...... 000...... 0 ~ """" ... AGENDA REQUEST ITEM NO. AA DATE: April 25,2000 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department William R. Blazak SUBJECT: Presentation of the David W. York reuse award to the Board of County Commissioners. FUNDS AVAILABLE: N/A PREVIOUS ACTION: NONE RECOMMENDATION: [ ] APPROVED [ X ] OTHER: Presentation DENIED CE: COMMISSION ACTION: derson Administrator Coordination/Sianatures County Attorney:X Mgt. & Budget: Purchasing l't'? ¡\fl/~ Originating Dept:X í, \Ail. í¿7 Other: Finance Director: (Chëck for Copy only, if applicable)____ Other: Eff. 5/96 / / { '-' '-' BOARD OF COUNTY COMMISSIONERS UTiliTIES & RECYCLING DEPARTMENT WilLIAM ßLAZAK DIP-EGOP- MEMORANDUM FROM: Board of County Commissioners William Blazak, Utility Director \:\.\fã TO: DATE: April 25, 2000 RE: David W. York Water Reuse Award BACKGROUND: In 1992, the Florida Water Environment Association (FWEA) established the David W. York Water Reuse Award to recognize outstanding water reuse projects in Florida. Projects are evaluated by members of the FWEA' s Water Reuse Committee based on environmental quality management, the water reuse system, and public education / information aspects of the overall program. The awards are presented annually in four size categories at the Florida Water Resources Conference. In January of 1996 the North Hutchinson Island Wastewater Treatment was put "on line" providing regional wastewater service to the area. When the facility initially started the primary disposal of the reuse water was Pepper Park. Over the past four years our reuse customer base has grown to include several of the large condominium associations and the Radisson Resort utilizing approximately two million gallons of reuse per month. Considering that the average water consumption for a single family residence is appr<?ximately 6,000 gallons per month, the amount of reuse utilized is equal to the amount of domestic water needed to serve 370 homes. As the system continues to grow the reuse program will continue to expand as welL All new wastewater customers after January 1996 are required to take back the reclaimed water as part of their service or developer's agreement. A successful program such as this is a direct result of positive support and understanding by all parties that are involved. County utility staff, our engineer, our utility consultant, our operations contractor, our local Department of Environmental Protection, our customers and the Board of County Commissioners are important factors to make an award such as this possible. JOHN D. ß"'UHN, District No.1. DOUG COWAr,D, District No.2' PAULA A. LEWIS, District No. J . mANNIE HUTCHINSON, District No.4· CLIFF ßA"'NES, District No.5 County Administrotor - Douglas M. Anderson 2300 Virginia Avenue " Fort Pierce, Fl34982 · Phone (561) 462-1150 0 FAX (561 ) 462-1153 ~ ....., AGENDA REQUEST ITEM NO. ~ DATE: April 25, 2000 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. 00-87 - Supporting the Purposes of the Florida World War II Veterans Memorial Act. BACKGROUND: Taylor County Commissioner, John Hankerson, who is a member of the World War II Florida Veterans Memorial Committee, has requested that this Board adopt a resolution supporting the purposes of the Florida World War II Veterans Memorial Act. A copy of Resolution No. 00-87 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 00-87 as drafted. [x] APPROVED [ ] DENIED [ ] OTHER: CE: COMMISSION ACTION: County Attorney: ,Ch/ ,,..t:::l. Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 ~ ~ ....., RESOLUTION NO. 00-87 A RESOLUTION SUPPORTING THE PURPOSES OF THE FLORIDA WORLD WAR II VETERANS MEMORIAL ACT WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations: 1. World War II veterans in and of Florida have reached an age where their ranks are being rapidly depleted by the ravages of age and illness; and almost 600,000 World War II veterans proudly call Florida home. 2. Some 248,000 ofthese Florida veterans answered the call of the President of the United States of America, when called upon to defend democracy and the State of Florida from the horrors of the Axis Powers on December 7, 1941. 3. Of the 248,000 who served in the United States Armed Forces during World War II, 3,174 paid the ultimate sacrifice and lost their lives defending freedom. 4. The Florida State Legislature enacted, and the governor signed, the Florida World War II Veterans Memorial and the Florida World War II Veterans Memorial Matching Funds Acts of 1999. 5. The legislative acts provided that the Florida Commission on Veterans' Affairs, in cooperation with the Florida Capitol Center Planning Commission, may consider the appropriate design for the Memorial and solicit design proposals from the Public. 6. The Florida Department of Veteran Affairs has created the Florida World War II Veterans Memorial Matching Trust Fund as directed in the cited legislation. 7. Substantial funding is required to complete the Florida World War II Veterans Memorial design and implement the overall project within the calendar period allocated by the Acts. · - --.. ~ ....",¡ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby support the purposes of the Florida World War II Veterans Memorial Act. 2. The County Administrator is hereby directed to forward a copy of this resolution to The Honorable Johnny Hankerson, Taylor County Board of County Commissioners, P. O. Box 620, Perry, Florida 32348. After motion and second the vote on this resolution was as follows: Chairman John D. Bruhn XX Vice-Chairman Frannie Hutchinson XX Commissioner Paula A. Lewis XX Commissioner Cliff Barnes XX Commissioner Doug Coward XX PASSED AND DULY ADOPTED this 25th day of April, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY "'" ....., c-~ .-. .... FLOR~~. ., ASSOCIATI . .N:.. ',.':r :!I OF COUN .~..;=a !'.- Y..!.- p.o. Box 549/ Tallahassee, Florida 32302 Phone: 850/922-4300 Suncom: 292-4300 FAX: 850/488-7501 MEMORANDUM vcµtL M\ott ~U\\\ ka:~r TO: County Administrators County Gommission Chairs FROM: Mary Kay Cariseo, Executive Director DATE: March 24, 2000 SUBJECT: World War II Florida Veterans Memorial At the request of Commissioner Johnny Hankerson, Taylor County, who is a member of the World War II Florida Vetrans Memorial Committee, I am enclosing copies of the letter from the Memorial Committee explaining the purpose and scope of the Memorial and a sample resolution. Commission Hankerson requests that the Board of County Commissioner~!~_~LJ~_ªresolution in support of the Memorial. ----... .."----- /Please send copies of all resolutions to: ......... ..~~ ---.- If you have any questions, please contact Commissioner Hankerson, (850)838-3500, or Kaye Starling at the FAC office. C~f22J 7::l ' ,,)~. ) Perry, Florida 32348 i \ \~. ...... The Honorable Johnny Hankerson Taylor County Board of County Commissioners P.O. Box 620 MKC/kbs Enc. I MARY KAY CARISEO I EDWARD J. DIXON EXECUTIVE DIRECTOR PRESIDENT GADSDEN I JUDY D. JOHNSON PRESIDENT- ELECT MARION I KAREN T. MARCUS 1ST VICE PRESIDENT PALM BEACH I CHUCK DUNNICK ·1 RUDY MALOY 2ND VICE PRESIDENT IMMEDIATE OSCEOLA PAST PRESIDENT LEON .... ... 7C]· ,';:",',', ',',':'"",":,,"',"';",'; :,.,.,,;;,?-,:::,;:,.,. f),:. {f~"I:;;J' ;-:;::':~': :::;,:":,~,:",,,:, :::,:,:..;:::./:::::.F],,:::.7!,; ,",'f':' ·'U~;: "j""lP ····M·· .J' "j']' "!JI" "1']' "0f]' ,.' ... P!J'" .j' ""]']"]'j"]" "1p, p9·~:~\ ...... '" ....... ...... -.......... ... ~...... ... '. ......., .......,.. ..... ... ··'n·hr: .:J · '.:J ..:J .:J .'1'~' .~~ .. ~Î";: .,'~ .. December 31, 1999 Dear Friend and Neighbor: During the last legislative session, a bill was introduced in the House of Representatives to design and construct a memorial dedicated to the men and women, from the State of Florida, who served our country in World War II. A companion to this bill, Senate Bill 714, was passed and signed into law by the Governor. However, the Governor vetoed other legislation, which ailocated Îunås needed Lo start the process. Several veterans groups pledged to raise the necessary funds to begin this overdue and worthwhile project. Aware of this commitment, the Florida Fishennan's Federation, and the Wakulla Fisherman's Association approached the committee with the idea of a seafood gumbo dinner to generate funds for the memorial. Ed Kaminski, a Viet Nam veteran, assembled a special committee of veterans, government officials, and representatives of civic organizations to plan the event. Ed was elected chainnan of the committee in September of 1999. Since that first meeting, the committee has decided to hold the seafood gumbo dinner at the Tallahassee Fair Grounds on April 22, 2000. There is a great deal of preparation, which must take place before that date. We realize that the only way this event can be a success is with the support of organizations and individuals from the entire state. Therefore, in addition to selling tickets for the individual dinners, we are seeking donations from the public and corporate sponsors. We are also requesting that you solicit donations from your members, their families and friends. All donations, whether they be in-kind services, tangible goods, or money, are all tax-deductible. Checks may be made payable to the "Florida World War II Veterans Memorial Fund." Donations may be mailed to 3057 Laredo Drive, Tallahassee, FL 32303. If you have any other questions about making a donation to this event, you may contact Ed Kaminski at (850) 562-6656. It is long overdue that we recognize and honor the sacrifices made by the brave men and women of Florida who served our nation in World War II. This memorial will be a small token of appreciation and love to those who have made the ultimate sacrifice. It will remain for all time as a constant reminder that the price of freedom is not paid without sacrifice. God Bless the United States of America and may she forever remain as a symbol of freedom. ¡¿ NSKI, Chainnan of the Florida World War II Memorial Committee 3057 Laredo Drive, Tallahassee, Florida 32303 .., ßþ ~v ¿TL¿)c/6- lId c/ ~ -a'A YLOR COUNTY BOARD OF COUNTY COMMISSIØNERS '-' RESOLUTION NO: Whereas: World War IT veterans in and of Florida have reached an age where their ranks are being rapidly depleted by the ravages of age and illness; and Whereas: Today almost 600,000 World War IT veterans proudly call Florida home; and Whereas: Some 248,000 of these Florida veterans answered the call of the President of the United States of America when called upon to defend democracy and the State of Florida from the horrors of the Axis Powers on December 7th, 1941; and Whereas: Three thousand one hundred seventy four (3,174) of those 248,000 who served in the United States Armed Forces paid the ultimate sacrifice during World War IT and lost their lives defending freedom; and Whereas: The Florida State Legislature enacted, and the governor signed, the Florida World War II Veterans Memorial and the Florida World War II Veterans Memorial Matching Funds Acts of 1999; and Whereas: The legislative acts provided that the Florida Commission on Veterans' Affairs in cooperation with the Florida Capitol Center Planning Commission may consider the appropriate design for the Memorial and solicit design proposals from the Public; and Whereas: The Florida Department of Veteran Affairs has created the Florida World War II Veterans Memorial Matching Trust Fund as directed in the cited legislation; and Whereas: Substantial funding is required to complete the Florida World War II Veterans Memorial design and implement the overall project within the calendar period allocated by the Acts; (/0 .,,...- ð t. L uc::.,.... NOW THEREFORE BE IT RESOLVED, that the ~ County Board of County Commissioners strongly support the purposes of the Florida World War II Veterans Memorial Ac~ ~dìreãfunâîng aC1ivities, indudingjuwl activities-within-and between the. membership, and participation :1<:; individuals ancLa.s-memèefs-efthisÐoardto-insure-£OIUI>~!Ïon ofth~rial~t the earliest possIble date. A TIEST: Erin Sadler, C},";rm~ ( \ '-'" AGENDA REQUEST ...., ITEM NO. ....l: i DATE: April 25, 2000 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Leeds Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services - Investment for the Future SUBJECT: Presentation by Recreation Design & Construction Inc. (RDC) on the progress of the Beach Park projects. BACKGROUND: In December of 1999 the Board of County Commissioners approved a contract with RDC in the amount of $1,018,000 for improvement to five beach parks - Pepper Park, Frederick Douglass Memorial Park, Walton Rocks, Dollman Beach Park and Ocean Bay. On February 1, 2000, RDC received a notice to proceed on the above projects. Some of the project components are complete and through RDC the Leisure Services Department wishes to bring the Board up to date and provide updated time lines on the rest of the projects. . FUNDS AVAIL: PREVIOUS ACTION: None RECOMMENDATION: COMMISSION ACTION: E: [ ] APPROVED [] DENIED ~] OTHER: Presentation Coordination/Siqnatures County Attorney: Originating Dept:~//L..---'" Finance: (Check for Copy only, if Applicable) Mgt. & Budget: Purchasing Mgr.: Other: Other: Eft. 1/97 H,\Agenda Request IFF Indrio Rd.wpd " \,-/ " AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM~O. 5" DATE: March 25, 2000 REGULAR PUBLIC HEARING<jí CONSENT [] PRESENTED BY: Robert o. Freeman, Esquire Bond Counsel SUBJECT: Florida Power & Light Company Bond Refunding - Resolution No. 00-86 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 00-86 as drafted. COMMISSION ACTION: [ ] APPROVED [ ] DENIED ~] OTHER: Cðntinue to May 9, 2000 at 7pm or as soon thereafter as possible. County Attorney: ~d'/ ~ Management & Budget Review and Approvals Purchasing: Originating Dept. Other: Eff. 5/96 Finance: (Check for Copy only, if applicable) ou as Anderson County Administrator Other: 1 '-" ..,¡ ~,if~g..ø~ L.L.P. -C~aé~ é/?U C~-C~ ./~ ¿f'(}(} ¿¿5YF~./~ ~J y~ :J¿¿(}¿ y~ (.90//) J5J- /.!6// y~ (.90//) J5ô-2.986 MEMORANDUM TO: Chairman and Members of the Board of County Commissioners of S1. Lucie County, Florida Robert O. Freeman~ Alexandra M. MacLennan Squire, Sanders & Dempsey, Bond Counsel FROM: DATE: April 17, 2000 RE: S1. Lucie County, Florida Florida Power & Light Company Bond Refunding Background. S1. Lucie County, Florida (the "County") has previously issued its Pollution Control Revenue Refunding Bonds (Florida Power & Light Company Project), Series 1992, dated May 28, 1992, Series 1993, dated July 27, 1993, Series 1994A, dated July 12, 1994, Series 1994B, dated July 12, 1994, and Series 1995, dated March 7, 1995, and its Solid Waste Disposal Revenue Bonds (Florida Power & Light Company Project), Series 1990, dated June 15, 1990, Series 1991, dated August 1, 1991, Series 1992, dated May 28, 1992, and Series 1993, dated July 1, 1993 (collectively, the "Outstanding Bonds"), to assist Florida Power & Light Company ("FPL") in financing and refinancing a portion of the costs of its undivided ownership interest in the acquisition, installation and construction of air and water pollution control and sewage and solid waste disposal facilities (collectively, the "Project"), at the S1. Lucie Electrical Generating Plant, located on Hutchinson Island, S1. Lucie County. FPL is requesting the County refinance all or a portion of the Outstanding Bonds through the issuance over the next three years of Pollution Control Revenue Refunding Bonds and Solid Waste Disposal Revenue Renmding Bonds in an aggregate principal amount not to exceed $315,000,000, which is the outstanding principal amount of the Outstanding Bonds. 5046Vl/28902-00088/M-BOARD FOR TEFRA f!lj~ . f!lj~ . f!lj~. ~~~d. ~oknkt . + . J:,~n . J(~ ~. . ~ . jý..w ?J/~ . 9~ . 9-r . 'YI~lðn ~ """" ~,~fþø~ LLÞ. At the Board meeting on March 21, 2000, the Board consented to the publication of the notice of public hearing for purposes of the Internal Revenue Code of 1986, as amended (the "Code"), which requires a public hearing (the "TEFRA" hearing) on the location of the Project, the plan of finance and the issuance of the bonds. Requested Action. Consideration by the Board of a TEFRA resolution approving the issuance of the bonds after the public hearing for purposes of the Code. Effect of the Requested Action. The proposed TEFRA resolution approves the plan of finance for the refinancing of all or a portion of the Outstanding Bonds pursuant to Section 147(f) of the Code. Approval of the TEFRA resolution will not bind the County to issue any bonds for the proposed refunding. The final approval of the issuance of bonds for the purpose of refinancing the Outstanding Bonds will be at the County's discretion upon further request by FPL. The bonds, if issued, will not constitute a debt or liability of the County, the State of Florida, or any political subdivision thereof, but will be payable from and secured solely by payments by FPL under a Loan Agreement to be entered into with the County at the time of issuance of the bonds. S046VI/28902-00088/M-BOARD FOR TEFRA , '-' -.,;I RESOLUTION NO. 00-B6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, APPROVING, PURSUANT TO THE REQUIREMENTS OF SECTION 147(t) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE ISSUANCE OF NOT EXCEEDING $315,000,000 REVENUE REFUNDING BONDS ON BEHALF OF FLORIDA POWER & LIGHT COMPANY PURSUANT TO A PLAN OF FINANCING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Findings. A Pursuant to Chapter 159, Part II, Florida Statutes (the "Act"), the Board of County Commissioners (the "Board") of S1. Lucie County, Florida (the "County"), has been requested by Florida Power & Light Company ("FPL"), to approve, for purposes set forth herein, a plan of finance for the issuance of its revenue refunding bonds in one or more series (the "Bonds"), the proceeds of which will be loaned to FPL to enable FPL to refinance all or a portion of the County's outstanding Pollution Control Revenue Refunding Bonds (Florida Power & Light Company Project), Series 1992, dated May 28, 1992, Series 1993, dated July 27, 1993, Series 1994A, dated July 12, 1994, Series 1994B, dated July 12, 1994, and Series 1995, dated March 7, 1995, and Solid Waste Disposal Revenue Bonds (Florida Power & Light Company Project), Series 1990, dated June 15, 1990, Series 1991, dated August 1, 1991, Series 1992, dated May 28, 1992, and Series 1993, dated July 1, 1993, previously issued to assist FPL in financing a portion of the costs of its undivided ownership interest in the acquisition, installation and construction of certain air and water pollution control and sewage and solid waste disposal facilities (collectively, the "Project"), at the Company's S1. Lucie Electrical Generating Plant in the County. B. The approval requested by FPL is to comply with the requirements of Section 147(t) of the Internal Revenue Code of 1986, as amended (the "Code"), which section requires the approval by the Board of the issuance of the Bonds after a public hearing on the matter has been held. C. The Board on the date hereof has held a public hearing pursuant to notice duly published pursuant to the public approval requirements of Section 147(t) of the Code. A copy of the proof of publication of the notice is attached hereto as Exhibit A. Section 2. Public Hearing Held. The Board, on this date, has held a duly called and convened public hearing pursuant to the provisions and upon the tenus and conditions set forth in Section 147(f) of the Code. Anyone who wanted to speak for or against the refinancing of the Project, and the issuance of the Bonds was given an opportunity to do so. Section 3. Approval Of Bonds. The issuance of the Bonds pursuant to a plan of financing is hereby approved for purposes of Section 147(f) of the Code. ,. ~ ~ Section 4. Effective Date. This resolution shall take effect immediately upon its adoption~ . PASSED AND ADOPTED at a meeting duly called and held this 25th day of April, 2000. (SEAL) ST. LUCIE COUNTY, FLORIDA By: Chairman, Board of County Commissioners By: Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners APPROVED AS TO FORM AND CORRECfNESS: By: County Attorney 2 5044v 1/28902-00088/R- TEFRA ,. '-" 5044v 1/28902-00088/R- TEFRA Exhibit A Proof of Publication of Notice '"' ,) "'" '-" BRENDA A MILLER, LEGAL ASSISTANT SQUIRE, SANDERS & DEMPSEY L.L.P. 225 WATER STREET, SUITE 2100 JACKSONVILLE, FLORIDA 32202 THr~·. H.BUNE P.O. Box 69 Fort Pierce, 51. Lucie County. Florida 34954-0069 STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally Lynn Ferraro, or Cathi Revels, who on oath says that he/she is general manager, 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 PUBLIC HEARING in the matter of proposed plan of financing, etc. was published in said newspaper in the issues of AprillO, 2000 Affiant further says that The Tribune is a newspaper published at Fort Pierce, in said SI. Lucie County. Rorida. and that the said newspaper has heretofore been continuously published in Sl. Lucie County, Rorida, each day and has been entered as second class mail matter at the post office in Fort Pierce. in said SI. Lucie County, Rorida, for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that he has neither paid nor promised any person, finn or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. swn to. and SUbSCrib. ed .before m.. e Aprill 0, 2000 ...... -. ;-..::~:-.~.: L. _'~ -~: . _"'_"__:_"~'*d ~("\ -- _. n r _ , .¡f;.~-!:;...' 1 ~-{/c.G\/\. (U.i, ( (.) '-'!i'.r~: ',. ,;. ~ () .' / ¡ . j C'. /'. It ~ ç~.:, J //;, ;j (\L LU c(/ ll/Þ'L( (lJ//fL¿:·/) ~ /! "'-=:::_'(;:._~..~ ..:".' ." .~ ..J Notary Public ......, No. 5037 NOTICE OF PUBUC HEARING NOTICE is HEREBY GIVEN. that on Tuesday, April 25, 2000. a public hearing will be held by the Board ot County Commissioners ot St. Lucie County, Florida (the "Issuer") in the County Commission Chambers in the Roger Poitras Administration Annex. 2300 Virginia Avenue. Fort Pierce. Florida. commencing at 9:00 a.m.. E.S.T.. or as soon thereatter as the matter may be heard. with respect to the proposed plan of financing which contemplates the issuance by the Issuer in one or more series over the next 3 years of not exceeding $315.000.000 In aggregate principal amount of revenue refunding bonds (the "Bonds") to enable Florida Power 8< Light Company (fhe "Company") to refinance all or a portion of the Issuer's outstanding Pollution Control Revenue Refunding Bonds (Florida Power 8< Lighf Company Project). Series 1992. dated May 2B. 1992. Series 1993. dated July 27, 1993. Series 1994A, dated July 12. 1994, Series 1994B. dated July 12. 1994, and Series 1995, dated March 7. 1995. and Solid Waste. Disposal Revenue Bonds .(Florida Power 8< Light Company Project). Series 1990, dated June 15. 1990. Series 1991, dated August 1. 1991. Series 1992. dated May 28. 1992. and Series 1993. dated July 1, 1993. previouSly issued to assist the Company in. financing a portion of the costs of its undivided ownership intelest in the acquisition. Installation and construction of ;Jlr and water pallution control and .sewage and. solid waste disposal facilities (the "Project"). at the St. Lucie Electrical Generating Plant. located on Hutchinson Island. St. Lucie County. .6.501 S. AlA, Jensen Beach. Florida 34597. The Company is the initial and current owner of an undivided ownership interest in the Project and is also the initial and current operafor and manager of the Project. 1he Bonds shall not be a debt, liability or obligation ot the Issuer or of the State of Florida or of any political subdivision thereaf. buf shall be payable solely from payments derived from fhe'operatlon of the Project and other available revenues of the Company. Persons wishing to express their views regarding the proposed plan of financing and the issuance of the Bonds may appear at fhe hearing or may submit their views in writing. Written comments should be submitted to the Issuer at 2300 Virginia Avenue. Fort Pierce. Florida 34982. Attention: County Attorney. and should be mailed in sufficient time to be received before April 25. 2000. the date of fhe hearing. Should any person decide to appeal any decision made by. the Issuer at this hearing. he or she wili need a record of the prOCeedings and he or she may need to assure that a verbaflm record of the proceedings be made, which record includes the testimony and evidence upon which the appeal is to be heard. Immediately atter the hearing. the Issuer will approve or disapprove the Issuance of the Bonds. MY person requiring reasonable accommodation at this meeting because of a disability or physical impairment should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-142B at least 48 hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY. FLORIDA THIS NOTICE IS DATED THIS 10th DAY OF APRIL, 2000. SUBMITTED BY Daniel S. Mcintyre, County Attorney Publish: April 10. 2000 ---- -. ~1 .. ') ~~' - '-' AGENDA REQUEST ITEXO. 6ft DATE: April 25, 2000 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Job Growth Incentive Grant - Tamlite Lighting BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Grant Agreement with Tamlite Lighting and authorize the Chairman to sign the Agreement. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: D uglas Anderson County Administrator County Attorney: or/, iA Review and Approvals Management & Budget Com. Dev. Dir. ~ (/ Purchasing: Originating Dept. Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 '-' ,..." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 00-534 DATE: April 17, 2000 SUBJECT: Job Growth Incentive Grant - Tamlite Lighting ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: Attached is a proposed Job Growth Investment Grant Agreement with County Electric Supply Co., Ltd. doing business as Tamlite Lighting. The proposed grant amount is twenty-two thousand and 0/100 ($22,000.00) dollars payable over a three (3) year period. As of December, 1999, the Company had sixteen (16) employees, twelve (12) of whom reside in St. Lucie County. The Job Growth Incentive Grant Program Committee has reviewed the application and has recommended that the Board consider the application. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Grant Agreement with Tamlite Lighting and authorize the Chairman to sign the Agreement. Respectfully submittedr\ 1¡//r-:1' , .1 /!;<~¡ / / ¡ ~ .! - 9-, /" \" I ./ I{... ,-- ~, "\~: . L /,' ::,' '~ Daniel S. McIntyre , County Attorney/,' DSM/ caf Attachment /' .~.' , 1..~ 1 '. I - '-' ""-'~ D~..,-ß~~ff Œ.rr:r;-: ,",---.:" ) I . '-.-.- LL~_-7_ CO'Si'¡:\gŒZd7~Z~") ST. LUCIE COUNTY JOB GROWTH INVESTMENT GRANT AGREEMENT THIS AGREEMENT is made as of the 2nd day of Decemher , t 999 by and between St. Lucie County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY and County Elec Supply Co Ltd d/b/a Tamlite Lighting ( ) as individual, ( ) a partnership, ~ a corporation authorized to do business in the State of Florida, hereinafter referred to as the COMPANY, whose Federal I.D. or social security number is 59-3349114 WIT N E SSE T H: WHEREAS, it is the policy of the COUNTY to stimulate short term economic growth in St. Lucie County, by either attracting new businesses to St. Lucie County or by encouraging the expansion of existing businesses within St. Lucie Comity; and WHEREAS, the creation of new employment opportunities for residents of St. Lucie County and the increased tax revenues resulting from such business expansion or relocation with St. Lucie County is beneficial to the local economy; and WHEREAS, the Board of County Commissioners has determined that offering a Job Growth Investment Program encourages either businesses to expand or new businesses to enter St. Lucie County and thereby create new employment opportunities for the residents of St. Lucie County; and WHEREAS, St.· Lucie County, through its Board of County Commissioners,_ has created _a Job Growth Investment -Fund; and. ._ WHEREAS, the COMPANY will eitherrelocatè·to St. Lucie County or expand its existing business in St. Lucie County and thereby create certain new employment opportunities at a certain average salary level in St. Lucie County in accordance with the Job Growth Investment Grant Program criteria if the COUNTY provides to the Company a Job Growth Investment Grant; and WHEREAS, the .COMPANY has been determined to be eligible to receive a Job Growth Investment Grânt by the COUNTY's Job Growth Investment Grant Team; and G:\atty\agreemnt\docs\job-grow.gnt · I . ., I '. '-" ....; '. WHEREAS, the COMPANY acknowledges that this Agreement shall be based upon proven perfonnance of the requirements of these grant procedures; and, WHEREAS, the COUNTY finds and declares that it is in the publicJnterest to award a Job Growth Investment Grant to COMPANY pursuant to the tenns of this Agreement. NOW, THEREFORE, in consideration of the premises and muttlal covenants hereinafter contained, the parties do agree as follows: 1 . Definitions. As used in this Agreement, the following tenns shall mean: a. "Annual Average Wage" - includes salary bonuses, and commissions. ::.::, b. "Application Period" - A period beginning on the date of the issuance of ~,:; certificate of occupancy and extending for a period of 12 months. c. "Default" - failure to comply with the tenns of the Agreement. d. "Expansion of an existine- business" - A business establishing 5 or more jobs to employ 5 or more full-time employees in the County provided that such business increases operations on a site owned by the same business resulting ina net increase· in· employment of not less ~an 5,' percent. e. "Full-time Equivalent Employee" - An employee who works at least 35 hours per week for 52 weeks per year, (including holidays, vacations, etc.). f. "New Business" - a business establishing 5 or more jobs to employ 5 or more full-time employees in the County within a 12-month period provided that such business first begins operations on a site in the County clearly sepa~te fr:om any other o~eration owned by the sam_e business. g. "Program Administrator" -- County staff member appointed by the County Administrator with rešpõnsibility ·to monitor program compliance. 2. Tenn: Tennination. This Agreement shall be effective upon the date of execution of this contract by both parties hereto, and shall automatically tenninate six (6) years thereafter unless tenninated' earlier by the County because of a default by the COMPANY. G:\atty\agreemnt\docs\job-grow.gnt , .'. I . '-" ....., 3. _ Grant Elieibilitv: Payment Schedule. The COMPANY will be eligible for a Job ðrowdi Investment Grant (hereinafter a "Grant") of an,amount not to exceed $ 22,000.00 which Grant shalf be payable as follows: (Schedule provides for a 3 year or ~R~~: 3 Year funding: Year 1 _ 33%; Year 2 - 33%; Year 3 - 33% (not to exceed $25,000 per year);~~ ~x¥~JC*K~'tegpc2x"iC~2¥œrd~~1-~~~¡C~~ ~~ear~~~x 4. Relocation Commitment As a condidon precedent to, and as consideration for obtaining Grant funds from COUNTY, the COMPANY agrees to locate or expand its business operations to St Lucie County for a period of at least six (6) years to a suitable site as described on Exhibit "A", which is attached hereto and made a part hereof (Exhibit to be completed by Program Administrator). 5. Job Creation Commitment As a further condition precedent to, and as consideration for obtaining Grant funds from COUNTY, the COMPANY agrees to create certain employment opportunities in St Lucie County as more specifically set forth on Exhibit "B ", which is attached hereto and made a part hereQf. In accordance with the provisions of paragraph 6 hereinbelow, the number of employee transfers from out of St. Lucie County, if any, and the number, dates and salaries of all new hires must be substantiated in writing, to .cOUNTY's satisfaction, within twelve (12) months of issuance ofa certificate , of occupancy or other period as agreed by the County, by the Parties hereto and annually thereafter for a period of six (6) years. Written verification of date of occupancy must be provided to the COUNTY. The COMPANY's failure to maintain its job creation commitment for anyone year will result in the forfeiture of the Grant amount it was scheduled to receive for that year; however, such forfeiture will not preclude the COMPANY's receipt of scheduled Grant amounts for this subsequent years in which it is able to maintain its job creation commitment 6. Salary Level Commitment As a further condition precedent_to and as consideration for obtaining Grant funds from COUNTY, COMPANY agrees to pay and maintain for a period of six years subsequent thereto an average salary equal to or greater than $2263"0.40 per annum to those of its employees located in St Lucie County; COMPANY shall provide written verification satisfactory to COUNTY to such average salaries in accordance with the provisions of paragraph 6 hereinbelow. The COMPANY'S failure to'maintain its salary level commitment for anyone year will result in the forfeiture of the Grant amount it was scheduled to receive for that year; however, such forfeiture will not preclude the COMPANY's receipt of scheduled Grant amounts for this subsequent years in which it is able to maintain its salary level commitment. G:\atty\agreemnt\docs\job-grow.gnt t .' .. '-' "'" 7. Annual Job Stltus. The COMPANY must provide the COUNTY with quarterly unemployment compensation reports (Fonn UC6) of its business operations within St. Lucie County on the Stlte form UC6 as amended which is attlched hereto and made a part hereof as Exhibit "D". , 8. Grant Restriction. The Grant funds available under this Agreement as referenced in paragraph 2 will be provided only for reimburse-men.toSexpenses associated with the physical move, relocation andl or èx~ánsio.o of the COMPANY to St. Lucie County as set forth on Exhibit "C", wh'tdfls attached hereto and made a part hereof. 9. Default; Termination. In the event COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, the COUNTY may, at its option, terminate this Agreement. 10. Indemnification. For ten and 0/100 ($10.00) dollars consideration, receipt of which is hereby acknowledged, the COMPANY shall Indemnify and save harmless and defend the COUNTY and the St. Lucie County Chamber of Commerce, their agents, servants, and employees from and against any and all claims, [labilities, losses, and/or cause of action which may arise from any negligent act or omission of the COMPANY, Its agents,'šervants, or employees in the performance of services under this Agreement. 11. Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held In St. Lucie County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 12. Lobbyist Certification. . The COMPANY warrants that it has not employed or retained any company or person, other than a bona fide emplqyee working solely for the COMPANY to solicit or secure this Agreèment and fhãt It has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the COMPANY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 13. No Discrimination Certification. The COMPANY warrants and represents that all of its employees are treated equally during employment without regard to G:\atty\agreemnt\docs\job-grow.gnt · .'. '. '-' .., race, color, religion, disability, sex, age, national origin, ancestry, marital status, -' . or sexual orientation. 14. Attorneys' Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such parcy or parties may be entitled. 15. Enforceability. If any tel1110r provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable,' the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other tel111 and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The COMPANY's failure to maintain its job creation commitment or salary level commitment for anyone year will result in the forfeiture of the Grant amount it was scheduled to receive for that year¡ however, such forfeiture will not preclude COMPANY's receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation commitment. 16. Asshmment. COMPANY shall not assign this Agreement to any other persons or fil111 without first obtaining COUNTY's written approval. 17. Conflict of Interest. The COMPANY represents that it presently has ~o interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the perfol111ance of services required hereunder, as provided for in Florida Statutes 112.311. The COMPANY further repres~nts that no pers.9n having any interest shall be employed for said perfol111ance. - 18. Noticès. All notices required in this Agreement shall be sent by certified mail, return receipt requested and if sent to the COUNTY shall be mailed to: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 G:\atty\agreemnt\docs\job-grow.gnt f. '. '." \.of ..., and if sent to the COMPANY shalf be maifed to (current, official address): Tamlite Lighting 660 N. W. Peacock Dr. Port St. Lucie, FL 34986 19. Entire Agreement. The COUNTY and the COMPANY agree that this Agreement sets forth the endre Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, tenns and condidons contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the Board of County Commissioners of St. Lucie County, Florida, has made and executed this Agreement on behalf of the COUNTY and COMPANY has hereunto set its hand the day and year above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk CHAIRMAN APPROVED AS TO FORM AND CO RRECTNESS: County Attorney WITNESSES: - COMPANY BY: -I \ (Corporate Seal) , ,\ G:\atty\agreemnt\docs\job-grow.gnt '-' "" (TO BE COMPLETED BY PROGRAM ADMINISTRATOR) V. Grant Amount: $20,000.00 Base Amount ($1000x Dollars per job) (20 jobs) Bonuses -use 10% x base amount on each of the following: Cluster Company (10% bonus) 50 or more total jobs (10% bonus) $ 2,000.00 75% or more local hires (10% bonus) Average salary for applicant's jobs will be 115% ofSt. Lucie County average salary (10% bonus) Average salary for applicant's jobs will be 125% of St. Lucie County average salary (20% bonus) Average salary for applicant's jobs will be 150% of St. Lucie County average salary (25% bonus) + 2 ,000. 00 Total Bonuses $22,000.00Total Grant (base amount + total bonuses) '-' '...I EXHIBIT "C" TO THE JOB GROWTH INVESTMENT GRANT AGREEMENT BETWEEN ST. LUCIE COUNTY ANDCounty Rlec Supply Co I,td d/b/a! Tamlite I,ighting ELIGIBLE REIMBURSABLE: USE OF FUNDS. These monies may be used to reimburse COMPANY for the following expenses associated with the expansion and/or relocation of the COMPANY to St. Lucie County: 1. Corporate or Company Relocation Expenses (a) The cost of moving the company assets to St. Lucie County. 2. Payment of Impact Fees (a) Impact fees assessed to new development are at a proportionate share of the cost of providing the new capital facilities necessitated by that new development. (b) Impact fees assessed by the COUNTY. (c) Impact fees assessed by local governments and/or by special districts shall be limited to an amount recommended by the Job Growth Investment Grant Review Team that will review the fees. 3. Infrastructure Costs. (a) The cost to get a facility in condition to operate as intended. (b) Reimbursable expenses shall be limited to land, land improvements, road improvements, and water and sewer connection fees. (c) Water and sewer connection fees charged by entities other than the County require pre-approval, as indicated in 2( c) above. 4. Lease-hold Improvements (a) The cost of improvements made to leased property. 5. Company-sponsored Child Day Care Facilities (a) Initial set-up and implementation of day care facilities. G: \atty\agreemnt\docs\job-grow.gnt '-" ~ (b) Eligible costs shall not include operating expenses. 6. Lease and Rent of Facility Expenses (a) Actual lease or rental payments for the company facilities. 7. Lease Buy-outs (a) Lease buy-outs at locations outside St. Lucie County when the relocating company vacates leased space to move to St. Lucie County prior to expiration of that lease. 8. Training Program Expenses for New Employees a) The cost of training and program expenses for new employees 9. Other Expenses (a) Other expenses as approved by the Job Growth Investment Grant Review Team: · Employee transportation, limited to loading and common carriers (including air/surface carriers-airline, vehicle rental, taxi); · Costs associated with setting up new facility in St. Lucie County, excluding utility deposits; · Employee advertising and placement fees (payments to advertise and to employment agencies for relocating! placing new employees to St. Lucie County location); · Relocation of office equipment and materials to facility location in St. Lucie County; . · Legal fees, excluding fees associated with application process. · Other expenses as recommended by the Committee. G: \atty\agreemnt\docs\job-grow.gnt '-' 'wtI Tamlite Lighting Tamlite Lighting is a manufacturer of lighting products. We produce lighting fixtures for both residential and commercial use. We sell exclusively to the Wholesale Lighting Fixtures trade. ~ ~ EXHIBIT "A" TO THE JOB GROWTH INVESTMENT GRANT AGREEMENT BETWEEN ST. LUCIE COUNTY AND County Rlee Supply Co. Ltd d/b/a Tamlit~ l,ighting (To be completed by Program Administrator) Company Identification and Infonnation: Applicant code number: 99-5 Application date: December 7, 1999 Company description: Manufacturer of lighting fixtures. Company new location address: 660 N.W. Peacock Drive, Port St. Lucie, FL 34986 Company new mailing address (notify County of new address when known): Same as above TLmllTE liGHTING .-«:~\ ~ 660 N. W. Peacock Drive Port St. Lucie, FL 34986 Accounting Office PO Box 609521 Orlando, FL 32860-0521 Phone 407/583-7007 Fax 407/583-7010 MANUFACTURERS OF LIGHTING PRODUCTS TAMLlTE LIGHTING - EMPLOYEE LISTING - 12/02/99 HOURLY PAY JOB RATEINCL COUNTY RESIDENCE DESCRIPTION BENEFITS LOCATED IN AccountinQ 9.56 Oranae Assembly 8.56 St Lucie Office Staff 8.50 St Lucie Office Staff 9.00 St Lucie Machine Operator 8.00 St Lucie Factorv Supervisor 12.06 Okeechobee Factorv Manager 15.94 St Lucie Assemblv 8.00 Martin Assemblv 8.56 St Lucie Factorv Supervisor 10.06 St Lucie Assembly 8.56 St Lucie Factory ManaQer 40.21 Martin Assembly 8.81 St Lucie ShippinQ 8.56 St Lucie Assembly 8.56 St Lucie Assembly 8.56 ' St Lucie 181.50 Total Number of Employees: 16 Total Hourly Pay Rate: $181.50 Number of Employees Total Number of Employees: 16 Residing in St Lucie County: 12 Average Hourly Pay Rate: $11.34 Percentage of St Lucie County Residents: 75.00% Presently we are constructing a 30,000 square foot addition to our Factory. Construction is expected to be completed March 31, 2000. Anticipated number of additional employees required within the next twelve months: 20 ,N L j) : i ¡,. f:'::; '-' ...,¡ EXHIBIT "B" TO THE JOB GROWTH INVESTMENT GRANT AGREEMENT BETWEEN ST. LUCIE COUNTY AND County Elec Supply Co Ltd d/b/a Tamlite Lighting (To be completed by Program Administrator) L Industry Category: AerospaceÆngineering (eligible for 10% cluster bonus) AgriculturelFood Processing (eligible for 10% cluster bonus) BusinesslFinancial Services (eligible for 10% cluster bonus) Computers/Communications (eligible for 10% cluster bonus) Phannaceutical and Medical Products & Devices (eligible for 10% cluster bonus) Marine Manufacturing Industries (eligible for 10% cluster bonus) SportslRecreation Manufacturing Industt:y (eligible for 10% cluster bonus) x- Other (not eligible for cluster bonus) II. Application Section Criteria: Non-retail -x Expansion (20. square feet or jobs) Relocation ( square feet or jobs) III. Employment Commitment: COMPANY is receiving this grant based upon its representation that it will bring the following employment opportunities to St. Lucie County: 1) 3.6 Total number of employees (new and existing) 2) _ New, full time relocating employees 3) 2Q New, full time local hires 4) 1S.%. of County residents (to be verified by employee's quarterly unemployment compensation report 5) $1 0.88 Average salary; New hires 6 Average salary; Industry average 7) $1 0.88 Average salary; St. Lucie County average "-' -...I JOB GROWTH INVESTMENT (JGI) FUND JOB GROWTH INVESTMENT PROGRAM CRITERIA I.Fund Amount: TO BE ESTABLISHED II. Overall Goal: Create 1000+ new, quality jobs III. Fund Administration: 1. Job Growth Investment Fund ("Fund") monies will be managed and dispensed by the St. Lucie County Board of County Commissioners ("Board"). 2. The St. Lucie County Chamber of Commerce (SLCCC) will be the executive agent for accepting applications for Fund monies. The SLCCC Economic Development Division will review each application received to ascertain-the extent to which it meets the criteria presented below. A copy of the application will be forwarded to the Program Administrator. The SLCCC Director of Economic Development will recommend consistent applications to the Job Growth Investment Grant Review Team for review on a weekly basis. 3. The Review Team must evaluate and, if appropriate, render a prelimimiry commitment (approval) within fourteen (14) days of the SLCCC Director's presentation, and schedule each approved application for final consideration at the next available meeting of the Board, but not more than fourteen (14) days from Review Team action. This time criterion for Board consideration may be extended upon request of the SLCCC Director of Economic Development or by the Board or the Program Administrator. 4. Recognizing that the funds for the Job Growth Investment Fund Program are limited, the Commission may prioritize, approve, disapprove and/or modify grant awards (including awarding of authorized bonuses) for the program at its sole discretion. 5. Fund Start Date: To Be Determined. IV. Application Selection Criteria: 1. Industrial/business/agricultural-related industry expansion within St. Lucie County or relocation to the County that encompasses manufacturing, distribution, research and development, back-office, corporate headquarters, or other non-retail or wholesale function; and G: \atty\agreemnt\docs\job-grow.gnt \.f 'wtI 2. Expansion/relocation will either (1) create 5 new jobs or more, paying (an average of) at least 100% of St. Lucie County's Private Sector average salary/wage level, or at least 120% of the average salary/wage level of the applicable industry cluster. 3. Expansion/relocation will be completed within 18 months of application approval; and 4. The total direct economic impact of the project to the County including the number, type, and quality of the jobs which will be produced in the County during the construction of the project and thereafter; and 5. The direct economic impact of the project to the County including the number, type, and quality of jobs which will be produced in the County as a result of suppliers, service providers and vendors serving the project. V. Grant Limits: 1. The maximum for grant award is a maximum of $2,000 per new-job created; larger per job awards are possible for those companies meeting Bonus Criteria. 2. The maximum grant award is $500,000, with potential for larger awards upon recommendation of the SLCCC, the Review Team and approval by the Board. 3. Unless otherwise determined by the Board, the grant award will be phased in over a three (3) or six (6) year period as follows (three year schedule is restricted to those receiving $25,000.00 less per year for the three year period): Year 3 (a) (b) (c) (a) (b) (c) (d) (e) (I) Year 1 .33% of grant Year2 .33% of grant Year 3.33% of grant Year 1 Year2 Year 3 Year 4 Year 5 Year 6 20% of grant 20% of grant 20% of grant 20% of grant 10% of grant 10% of grant G: \atty\agreemnt\docs\job-grow.gnt \w' ......, 4. Bonus' may be granted by the Board based on the following criteria: (a) Company line of business is within the industry clusters identified in Exhibit UBN, Section I; or (b) Job Growth within 12 months exceeds 50 jobs; or (c) The average per-job salary/wage projected in a subject application is greater than 125% ofSt. Lucie County's average private sector salary/wage level, or of the average private sector salary/wage level ofthe applicable industry cluster, or (d) In addition to the bonus criteria set out above, a 10% bonus may be awarded if at least 75% of jobs are filled by residents of the County who have resided in the County at least one (1) year prior to the application. G: \atty\agreernnt\docs\job-grow.gnt '-' ...." JOB GROWTH INVESTMENT FUND GENERAL GUIDELINES .APPLlCA nON APPROV AL In addition to the adopted criteria of the Job Growth Investment Fund Program, the following methodology to grant awards, basing the grant award amount upon the number of jobs created is recommended. This methodology is applied only on a case-by-case basis (depends on the JGI application under review by the committee) PERCENTAGE OF FUNDING AWARDED 50% 65% 75% 100% JOBS CREATED 5-49 50-99 100-149 150. G: \atty\agreemnt\docs\job-grow.gnt AMOUNT PER JOB $1,000.00 $1,250.00 $1,500.00 $2,000.00 '-' -....I Other Considerations: Company can qualify for maximum 75% tax abatement unless requirement is waived by BCe. Change industry categories that qualify for bonus Change guidelines Phase in funding Year 1 -20% Year2-20% Year3-20% Year 4-20% Year 5-10% Year 6-10% or Year 1 -33% Year2-33% Year3-33% *Not to exceed $25,000 per year G: \atty\agreemnt\docs\job-grow.gnt · 01/07/00 FRI 15:34 FAX 407 583 7010 CESCO ACCOUNTING I4J 002 rwmllTE liGHTING-' till 660 N. W. Peacock Drive Port Sl Lucie, FL 34986 ~ Accounting <?ffl~. PO Box 609521 Orlando, FL 32860-0521 Phone 407/583·7007 Fax 407/583-7010 MANUFACTURERS OF LIGHTING PRODUCTS TAM LITE LIGHTING· ANTICIPATED NEW HIRES· 2000 VALUE OF BENEFITS JOB HOURLY AVAILABLE AT DESCRIPTION PAY RATE 90 DAYS Factory ManaQer 25.00 0.56 Su ervisor -1st Shift 12.00 0.56 Su ervisor - 2nd Shift 12.00 0.56 SUI ervlsor - 3rd Shift 13.00 0.56 OfficelAccts Payable 10.00 0.56 Offlce/Accts Receivable 10.00 0.56 Machine Oøerator 9.00 0.56 Machine Operator 9.00 0.56 Machine Oøerøtor-3rd Shift 10.00 0.56 Assembly 8.00 0.56 Assembly 8.00 0.56 AasemblY 8.00 0.56 AssemblY 6.00 0.56 Assemblv-3rd Shift 9.00 0.56 Assemblv-3rd Shift 9.00 0.56 ShiDPina/ReceivinQ 9.00 0.56 Factory ManaQer 15.00 0.56 OfficelAccts Ree & Pay 10.00 0.56 Warehouse 8.00 0.56 Warehouse 6.00 0.56 Warehouse 8.00 0.56 Shipping/Receiving 9.00 0.56 227.00 12.32 Average Rate: 10.32 0.56 Average Hourly Pay Including Benefits: 10.88 TunllTE llGHTINC W&;~ !e! 660 N. W. Peacock Drive Port St. Lucie, FL 34986 Accounting Office PO Box 609521 Orlando, FL 32860-0521 Phone 407/5&3-7007 Fax 407/583-7010 MANUFf\CTURERS OF LIGHTING PRODUCTS TAMLlTE LIGHTING - EMPLOYEE LISTING -12/02/99 HOURLY PAY JOB RATE INCL COUNTY RESIDENCE DESCRIPTION BENEFITS LOCATED IN Accountinq 9.56 Oranqe Assembly 8.56 St Lucie Office Staff 8.50 St Lucie Office Staff 9.00 St Lucie Machine Operator 8.00 St Lucie Factory Supervisor 12.06 Okeechobee Factory Manaqer 15.94 St Lucie Assembly 8.00 Martin Assemblv 8.56 St Lucie Factorv Supervisor 10.06 St Lucie Assembly 8.56 St Lucie Factory Manager 40.21 Martin Assembly 8.81 St Lucie Shipping 8.56 St Lucie Assembly 8.56 St Lucie Assembly 8.56 j St Lucie 181.50 Total Number of Employees: 16 Total Hourly Pay Rate: $181.50 Number of Employees Total Number of Employees: 16 Residing in St Lucie County: 12 Average Hourly Pay Rate: $11.34 Percentage of St Lucie County Residents: 75.00% Presently we are constructing a 30,000 square foot addition to our Factory. Construction is expected to be completed March 31, 2000. Anticipated number of additional employees required within the next twelve months: 20 ,N ,- )) ¡ ,i.¿:) , ¡r \..v '-' AGENDA REQUEST ITEM'?10. "PJ DATE: April i: 2000 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Proposed Ordinance Regulating Moving Companies BACKGROUND: See attached memorandum fUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board determine whether to direct staff to draft a proposed ordinance for Board consideration. þ{] APPROVED [] DENIED [ ] OTHER: D 91as Anderson ounty Administrator COMMISSION ACTION: County Attorney: /'\ / I -/j/--/ &-/<:( Review and Approvals Management & Budget Purchasing: Other: Other: Originating Dept. Finance: (Check for Copy only, if applicable) Eff. 5/96 '-' ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 00-541 DATE: April1?,2000 SUBJECT: Proposed Ordinance Regulating Moving Companies ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: Attached is a letter dated March 16, 2000 from Assistant City of Port St. Lucie Manager Bonnie S. Dyga requesting that the County consider adopting regulations governing movers as outlined in the letter. Also attached is a copy of an ordinance adopted by Palm Beach County regulating movers. Before staff spends any time reviewing and drafting an ordinance, staff requests direction from the Board as to whether the Board is interested in regulating this industry. RECOMMENDATION/CONCLUSION: Staff recommends that the Board determine whether to direct staff to draft a proposed ordinance for Board consideration. Respectfully submitted, ."""\ , /"' tl I I /~' ,; . j .. l_/·' ,- / /" __ ./ /r/ /' ~ VI/I.}it,, / ),_/~ ( f .r¡.,\~ Daniel S. McInty'fe County Attorney.. ./ DSM/ caf Attachments \ '-' '...I CITY OF PORT ST. LUCIE . . . . . . . . . . . . . . . . . . . . A CITY FOR ALL AGES Mr. Douglas M. Anderson County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 """" -~J¿~._ , iii i~ J. ·'-_.V /:: __ l',/_¡¡~"'~ l7 ! '_ . 2 0 ¿¡ IIln . i/I)íl // ,."._ vutJ . II' ,.(,,: -"'---'" III! I '~.' ,r :.-'" ~ .," -, ' ,",' " /! ..........-:.....- ,.;: --:::---.--.. / ", ---<'--?!~¿:i..: .." / '-' March 16,2000 Dear Doug, At a Planning & Zoning meeting on Monday, March 6, 2000, Mrs. Carol Christianson requested that the City consider adopting an ordinance exacting some measure of control and regulation over moving companies. These regulations would require that any mover whose business is located within the city limits to provide written quotes for all moves. This would preclude unscrupulous finns from charging excessive amounts to their customers after the furniture has been loaded on the truck and prior to delivery. Any change to the written quotes would have to be provided within a certain percent of the original quote or provided to the client prior to the move. It was felt that such an ordinance would keep the "shady movers" from relocating to our area to do business. The City Attorney has provided me with a copy of an ordinance passed by the County of Palm Beach for local control on moving companies. Mter consideration, and in reviewing the number of movers located in the City of Port St. Lucie, it appears that such an ordinance may be more appropriate for passage at the County level. Please find attached a copy of the Palm Beach County, Code of Ordinances, Number 99-44 that was adopted on October 19, 1999. In the interest of good preemptive legislation, it could benefit the St. Lucie County citizen, if the County Commissioners would consider adopting similar legislation. 121 S.W. Port S1. Lucie Boulevard· Port St. Lucie, FL 34984-5099·561/871-5225·561/878-0097 ': '-' '-" Page Two Mr. Douglas M. Anderson County Administrator St. Lucie County Thank you for your attention to this matter, and if I may be of any assis , please advise. j/ BSD/mv CC: Mrs. Carol Christiansen Daniel S. McIntyre, St. Lucie County Attomey (w / attachments) ,// Donald B. Cooper, City Manager , Palm Beach County: Code of Or "'ances '-' Page I of2 ~ CODE County of PALM BEACH. FLORIDA Codified through Ord. No. 99- 44. adopted October 19. 1999. (SuQplement No. 36) PALM BEACH COUNTY CODE Chapter 17 LICENSES. TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS· ARTICLE VIII. MOVING AND STORAGE BUSINESSES· Sec. 17-281. Short title. Sec. 17-281. Short title. This article shall be known as the "Palm Beach County Moving Ordinance". (Ord. No. 95-7, § 1, 3-21-95) Sec. 17-282. Definitions. For the purposes of this article, the following definitions shall apply: Accessorial services shall mean any service performed by a mover which results in a charge to the shipper and is incidental to the transportation service; including, but not limited to: preparation of written inventory; storage, packing, unpacking, or crating of articles; hoisting or lowering; waiting time; overtime loading and unloading; reweighing; disassembly or reassembly; elevator or stair carrying; boxing or servicing of appliances; and furnishing of packing or crating materials. Accessorial services also include services not performed by the mover but by a third party at request of the shipper or mover, if the charges for such services are to be paid to the mover by the shipper at or prior to the time of delivery. Commission shall mean the board of county commissioners of Palm Beach County, Florida. Compensation shall mean money, fee, emolument, quid pro quo, barter, remuneration, p.ay, reward, indemnification or satisfaction. Contract for service shall mean a written document prepared by the mover and approved by the shipper In writing, prior to the performance of any service, which authorizes services from the named mover and lists the services and all costs associated with the transportation of household goods and accessorial services to be performed on behalf of the shipper. DCA shall mean the Palm Beach County division of consumer affairs. Director shall mean the director of the Palm Beach County division of consumer affairs or his or her designee. Estimate shall mean a written document provided to the prospective shipper which sets forth the total cost and the basis of said costs related to a shipper's move, which shall include, but not be limited to, transportation or accessorial services. Household goods shall mean personal effects or other personal property found in a home or other personal residence or other storage facility or other location, where the shipper is the owner or agent of the owner of the items. This definition includes personal property held or found in a storage or warehouse facility which is owned or rented by a shipper or his or her agent. This definition does not include freight or personal property moving to or from a factory or store or other place of business. Mover shall mean any person who engages in the transportation and/or shipment of household goods for compensation or any person which holds itself out to the general public as engaging in the transportation and/or shipment of household goods for compensation. Person shall mean both plural and singular as the context demands and shall include individuals, partnerships, corporations, companies, trusts, societies, associations, and any other legal entities whatsoever. .../omjsapi.dll?advquery==%22 17-281 %22&infobase==10323.nfo&record=={ 1004BCC}&softpage 3/14/00 · Palm Beach County: Code of Or .. 'ances ~ Page 1 of2 'wi CODE County of PALM BEACH, FLORIDA Codified through Ord. No. 99- 44, adopted October 19, 1999. (Supplement No. 36) PALM BEACH COUNTY CODE Chapter 17 LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS" ARTICLE VIII. MOVING AND STORAGE BUSINESSES" Sec. 17-282. Defi nitions. Shipper shall mean any person who utilizes the services of a mover for the transportation and/or shipment of household goods. This term shall include any other person whom the shipper designates in writing. (Ord. No. 95-7, § 2,3-21-95) Sec. 17-283. Intent and application. (a) The provisions of this article shall be construed liberally to promote the following policies: (1) To establish Palm Beach County law governing the transportation, shipment and affiliated storage of household goods. (2) To address moving practices in the county in a manner not inconsistent with federal law and the laws of this state and county relating to consumer protec'ion. (b) The provisions of this article shall apply to the operations of any mover engaged in the intrastate transportation of household goods; except that this article shall not be construed to include shipments contracted by the United States, the state, or any local government or political subdivision thereof. The provisions of this article shall only apply to the transportation of household goods originating in Palm Beach County and terminating in Broward County, Dade County, or Palm Beach County; or originating in Broward County or Dade County and terminating in Palm Beach County. (c) It is the intent of this article to secure the satisfaction and confidence of shippers and members of the public when utilizing a mover. (d) Nothing in this article shall be construed to remove the authority or jurisdiction of any federal, state or local agency with respect to goods or services regulated or controlled under other provisions of law or ordinance. (e) This article does not apply to an act or practice required or specifically permitted by federal or state law. (f) All advertisements placed by movers shall furnish the complete business address and telephone number of said mover. (Ord. No. 95-7, § 3, 3-21-95) Sec. 17-284. Evidence of cargo legal liability valuation and insurance coverage. (a) The minimum amounts of cargo valuation, cargo legal liability insurance and motor vehicle insurance coverage provided by movers shall be as follows: (1) Valuation coverage at the rate of sixty cents ($0.60) per pound per article. -...- Next Document Page Previous Document Page Table of Contents .../omjsapi.dll?advquery=%2217-28 I %22&infobase=10323.nfo&record={ 1005ACC}&softpage 3/14/00 Palm Beach County: Code of Orr1:'1ances '-' Page I of2 ...",.¡ (2) Cargo legal liability insurance coverage for loss or damage to household goods, with the exception of loss or damage as the result of acts of God, in the amount of no less than ten thousand dollars ($10,000.00) per shipment. (3) Motor vehicle combined bodily liability insurance and property damage liability insurance which shall be issued by an insurance carrier or company which is a participant in the Florida Insurance Guaranty Association and which shall be in accordance with the following: a. Fifty thousand dollars ($50,000.00) per occurrence; for a commercial motor vehicle with a gross vehicle weight of less than thirty-five thousand (35,000) pounds. b. One hundred thousand dollars ($100,000.00) per occurrence for a commercial motor vehicle with a gross vehicle weight of thirty- five thousand (35,000) pounds or more, but less than forty-four thousand (44,000) pounds. c. Three hundred thousand dollars ($300,000.00) per occurrence for a commercial motor vehicle with a gross vehicle weight of forty- four thousand (44,000) pounds or more. (b) All evidence of insurance shall be executed and made available to the DCA upon written request. The insurance carrier or company must qualify as an insurance company authorized to transact insurance in the State of Florida. (c) Insurance coverage shall be kept in full force and effect by the mover at all times. Failure to furnish evidence of such insurance to the DCA, or failure to maintain the same in full force and effect, will be deemed a violation of this article. (d) In the estimate and contract for service, the mover must clearly and conspicuously disclose the maximum amount of cargo liability insurance coverage that the mover actually carries. (Ord. No. 95-7, § 4,3-21-95) Sec. 17-285. Estimates of moving costs. (a) A mover shall provide to a prospective shipper a written estimate of the costs which will be charged for the transportation, and accessorial services incidental to the move of said prospective shipper's household goods. No mover shall charge for preparing an estimate unless, prior to preparing the estimate, the mover: (1) Clearly and conspicuously discloses in writing to the prospective shipper the amount of the charge for the preparation of the estimate or, if the amount cannot be determined, the complete basis upon which the charge will be calculated; and (2) Obtains the prospective shipper's written authorization to prepare an estimate. (b) It is a violation of this article for a mover to require a prospective shipper to waive his or her right to a written estimate. A prospective shipper cannot waive his or her right to a written estimate except as referenced in subsection 17 -285(h). (c) The written estimate provided to the prospective shipper shall, at a minimum, include the following: Next Document Page Previous Document Pag~ Table of Contents ...Iomjsapi.dll?advquery=%2217-28 I %22&infobase=1 0323.nfo&record={ 10069CC}&softpage 3/14/00 'Palm Beach County: Code of OrHinances '" Page 1 of2 '....I CODE County of PALM BEACH. FLORIDA Codified through Ord. No. 99- 44. adopted October 19. 1999. (Supplement No. 36) PALM BEACH COUNTY CODE Chapter 17 LICENSES. TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS· ARTICLE VIII. MOVING AND STORAGE BUSINESSES· Sec. 17-285. Estimates of movinQ costs. (1) The name, address and telephone number of the mover. (2) The total cost for transportation and accessorial services to be provided. (3) A description of the transportation and accessorial services to be provided. (4) An explanation of the basis for which any charges may be assessed for the transportation and accessorial services to be provided. (5) Disclosure of the maximum amount of cargo legal liability insurance coverage the mover actually carries. (6) The following in bold capitalized letters of at least 12-point type: PLEASE READ CAREFULLY IF YOU HAVE A QUESTION OR COMPLAINT, PLEASE CONTACT THE PALM BEACH COUNTY DIVISION OF CONSUMER AFFAIRS, 3323 BELVEDERE ROAD, BUILDING 503, WEST PALM BEACH, FL 33406. TELEPHONE: 407-233-4820 (MAIN OFFICE); 407-930-5124 (SOUTH & WEST COUNTY OFFICE); 407-233-4838 (FAX). ESTIMATE OF TOTAL COST: PURSUANT TO COUNTY ORDINANCE YOU ARE ENTITLED TO A WRITTEN ESTIMATE OF THE TOTAL COST OF YOUR MOVE. COUNTY ORDINANCE REQUIRES THAT THE TOTAL COST OF YOUR MOVE NOT EXCEED THE AMOUNT OF YOUR WRITTEN ESTIMATE BY MORE THAN TEN (10) PERCENT. PLEASE REVIEW THIS DOCUMENT TO MAKE SURE THE ESTIMATE IS COMPLETE. (d) A copy of the estimate, signed by the mover, shall be delivered to the prospective shipper prior to performing any transportation or accessorial service. In addition, a copy shall be maintained by the mover as part of its records. (e) Nothing in this article shall be construed to require a prospective shipper to enter into a contract for service with a mover based upon the issuance of an estimate. (f) The estimate and disclosure may be provided on the same form as th~ contract for service. (g) No mover shall provide an oral estimate to any prospective shipper without subsequently providing this estimate in written form as required by the ordinance. (h) Notwithstanding the provisions of this section, a mover shall not be required to provide an estimate to a prospective shipper, if said prospective shipper requests that the transportation of the household goods or accessorial services be provided by the mover within seventy-two (72) hours or less of the prospective shipper's request. Next Document Pa~ Previous Document Pag~ .. .10m jsapi.dll?advquery=%2217 -281 %22&infobase= 1 0323 .nfo&record={ I ooncc }&softpage 3/14/00 © Copyrighted. Municipal Code r')rp., affiliated Municipality. 2000. '-' Page I of I ....,,; CODE County of PALM BEACH. FLORIDA Codified throuqh Ord. No. 99- 44. adopted October 19. 1999. (fuœplement No. 36) PALM BEACH COUNTY CODE Chapter 17 LICENSES. TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS· ARTICLE VIII. MOVING AND STORAGE BUSINESSES· Sec. 17-285. Estimates of movinq costs. (i) Notwithstanding the provisions of this article, no written estimate is required when there are continued transactions between the same shipper and mover, and the mover has on file a letter of understanding executed by the shipper which lists a date certain to which said shipper waives its right to a written estimate. (Ord. No. 95-7, § 5, 3-21-95) Sec. 17-286. Contract for service and disclosure statement required. (a) Prior to the performance of any service by a mover on behalf of a shipper, the mover shall prepare a written contract for service which shall be authorized and executed by the shipper. (b) A contract for service shall clearly and conspicuously disclose, at a minimum, the following: (1) The name, telephone number and address of the mover at which employees of the mover are on duty during business hours. (2) The name and address of the shipper, including the addresses at which the items are to be picked up and delivered, and, if available, a telephone number where the shipper may be reached. (3) The agreed pickup and delivery dates, or the period of time within which pickup, delivery, or the entire move will be accomplished. (4) A description of the transportation and accessorial services to be provided during a move. (5) In the event that no estimate has been provided pursuant to subsection 17-285 (h), a good faith approximation of the costs for the transportation and accessorial services to be provided. (6) The method of payment, subject to the provisions of section 17-289. (7) If an estimate has been provided in accordance with this ordinance, the maximum amount required to be paid by the shipper to the mover at the time of delivery, subject to the provisions of section 17-287. (8) The name and telephone number of any other person who may authorize pickup or delivery of any items to be transported, if the shipper designates such person in writing. (9) A statement regarding the mover's limitation of liability, subject to the provisions of section 17-291. (10) A brief description of the mover's procedures for complaint handling which shall include an address and telephone number at which the shipper may contact the mover. ~.. ~- http://www.m...Iomjsapi.dll?infobase==10323.nfo&record=={ I 0007CD }&softpage==Document4 3/14/00 -© Copyrighted. Municipal Code rorp., affiliated Municipality. 2000. '-" Page 1 of2 ..,.¡ CODE County of PALM BEACH. FLORIDA Codified through Ord. No. 99- 44, adopted October 19. 1999. (SuQPlement No. 36) PALM BEACH COUNTY CODE Chapter 17 LICENSES. TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS· ARTICLE VIII. MOVING AND STORAGE BUSINESSES· Sec. 17-286. Contract for service and disclosure statement required. (11) If the cost for services provided is based on weight, a statement which provides that the shipper has a right to observe any weighing before and after loading. (12) Disclosure of the maximum amount of cargo liability insurance coverage the mover actually carries. (c) The contract for service provided by a mover to a shipper shall include the following disclosures in bold capitalized letters of at least 12-point type. PLEASE READ CAREFULLY IF YOU HAVE A QUESTION OR COMPLAINT, PLEASE CONTACT THE PALM BEACH COUNTY DIVISION OF CONSUMER AFFAIRS, 3323 BELVEDERE ROAD, BUILDING 503, WEST PALM BEACH, FL 33406. TELEPHONE: 407-233-4820 (MAIN OFFICE); 407-930-5124 (SOUTH & WEST COUNTY); 407-233-4838 (FAX). (1) CONTRACT FOR SERVICE: THIS CONTRACT FOR SERVICE IS REQUIRED BY COUNTY ORDINANCE AND MUST INCLUDE ALL OF THE TERMS AND COSTS ASSOCIATED WITH YOUR MOVE. IN ORDER FOR THE CONTRACT FOR SERVICE TO BE ACCURATE, YOU MUST DISCLOSE ALL INFORMATION RELEVANT TO THE MOVE TO THE MOVER. COUNTY ORDINANCE REQUIRES THAT A MOVER DELIVER YOUR GOODS AND COMPLETE YOUR MOVE UPON PAYMENT OF NO MORE THAN THE MAXIMUM AMOUNT STATED IN THE CONTRACT. (2) DAMAGE OR OTHER CLAIM: PURSUANT TO COUNTY ORDINANCE, YOU HAVE A PERIOD OF UP TO SIXTY (60) DAYS AFTER THE COMPLETION OF THE DELIVERY OF THE HOUSEHOLD GOODS TO NOTIFY THE MOVER, IN WRITING, OF ANY CLAIM FOR LOSS, DAMAGE OR DELAY IN RELATION TO THIS MOVE. HOWEVER, BE ADVISED THAT THIS DOES NOT LIMIT ANY OTHER LEGAL REMEDY AVAILABLE TO YOU. (Ord. No. 95-7, § 6, 3-21-95) Sec. 17-287. Charges in excess of written estimate; unlawful charges; refusal to relinquish goods prohibited; payment of charges in excess of written estimate of contract for service. (a) It shall be a violation of this article for a mover to charge the shipper in excess of ten (10) percent over the amount of the written estimate. If the mover charges an amount in excess of the written estimate, but not more than ten (10) percent as provided herein, then the mover shall provide a written explanation of such excess charges to the shipper, which explanation is consistent with subsection 17-285(c)(4), at the time of delivery but prior to payment by the shipper. (b) It shall be a violation of this article for a mover to fail to relinquish to a shipper any or all of the shipper's household goods or to fail to complete in a timely manner all transportation and accessorial services required to be performed pursuant to the contract for service because the shipper has refused to pay for charges in excess of the amount set forth in subsection 17-287(a) or in excess of the total amount set forth in the contract for service as required by subsection 17-286(b)(5). (Ord. No. 95-7, § 7, 3-21-95) http://www.m. . .10m _ isapi.dll?infobase= 1 0323 .nfo&record={ 100 16CD }&softpage=Document4 3/14/00 it) Copyrighted. Municipal Code r0rp., affiliated Municipality. 2000. ~ Page 2 of2 "'-" Sec. 17-288. Inventory. A written inventory of the shipper's household goods shall be prepared by the mover, unless the shipper waives the need for an inventory in writing. The written inventory shall be prepared by the mover, and signed by both the mover and the shipper. No mover shall charge for preparing the inventory unless, prior to preparing said inventory, the mover clearly and conspicuously discloses in writing to the shipper the amount of the charge for the preparation of the inventory. It is unlawful for the mover to require the shipper to waive preparation of the written inventory. fÞ http://www.m.../omjsapi.dll?infobase=10323.nfo&record={ 1 0016CD }&softpage=Document4 3/14/00 © Copyrighted. Municipal Code rorp., affiliated Municipality. 2000. '-' Page 1 of I ...." CODE County of PALM BEACH, FLORIDA Codified throuQh Ord. No. 99- 44. adopted October 19. 1999. (Supplement No. 36) PALM BEACH COUNTY CODE Chapter 17 LICENSES. TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS'" ARTICLE VIII. MOVING AND STORAGE BUSINESSES'" Sec. 17-288. Inventory. (Ord. No. 95-7, § 8, 3-21-95) Sec. 17-289. Acceptable forms of payment. A mover shall accept a minimum of two (2) of the three (3) following forms of payment: (1) Cash, cashier's check, money order, or traveler's check; or (2) Personal check, showing upon its face the name and address of the shipper or authorized representative; or (3) Credit card, which shall include but not be limited to Visa or Master Card. A mover shall clearly and conspicuously disclose to the shipper in the contract for service and the estimate which methods of payment the mover will accept. (Ord. No. 95-7, § 9, 3-21-95) Sec. 17-290. Reasonable dispatch. Except when delays are caused by actions of the shipper or circumstances beyond the control of the mover, the following shall apply: (1) A mover shall transport all shipments on the dates and the time period agreed upon by the mover and the shipper as specified in the contract for service. (2) A shipper may seek recourse through filing a complaint with the division of consumer affairs (pursuant to section 17-295) or in a court of competent jurisdiction if a mover fails to perform either pickup or delivery or any accessorial services as agreed upon in the contract for service and/or the shipper incurs any expenses that would not otherwise have been incurred. (Ord. No. 95-7, § 10, 3-21-95) Sec. 17-291. Liability of movers; limitation and disclosure. (a) It shall be a violation of this article for a mover to limit its liability of a shipment of household goods to an amount less than sixty cents ($0.60) per pound per article. A mover shall offer said minimum valuation coverage at no charge to a shipper. http://www.municode.com/CGI-BIN/om_isapi.dll?infobase=l 0323. nfo&softpage=Document42 3/14/00 '© Copyrighted. Municipal Code "')rp., affiliated Municipality. 2000. "-' Page 1 of2 """ CODE County of PALM BEACH, FLORIDA Codified throuÇJh Ord. No. 99- 44. adopted October 19. 1999. (Supplement No. 36) PALM BEACH COUNTY CODE Chapter 17 LICENSES. TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS" ARTICLE VIII. MOVING AND STORAGE BUSINESSES" Sec. 17-291. Liabilitv of movers; limitation and disclosure. (b) If requested by the shipper, a mover shall offer to the shipper coverage in excess of the aforementioned minimum valuation at an additional cost. This additional cost and coverage shall be disclosed to the shipper on the estimate and contract prior to the move. Said additional coverage shall not exceed the declared value of the shipment or the cargo liability insurance actually carried by the mover and available to the shipper. (c) The rejection or selection of additional valuation and/or cargo liability coverage shall be made in writing on a form prescribed by the DCA. The form shall fully advise the shipper of the nature of the limitation of cargo liability and shall state that the minimum coverage is equal to the limit referred to in subsection 17- 291 (a) unless otherwise requested. The heading of the form shall be in 12-point bold type and shall state: PLEASE READ CAREFULLY WAIVER OF CERTAIN INSURANCE COVERAGE: "BY SIGNING THIS FORM, YOU ARE WAIVING CERTAIN VALUABLE COVERAGE WHICH PROTECTS YOUR POSSESSIONS ABOVE THE MINIMUM AMOUNTS SET BY LAW. PLEASE READ CAREFULLY." IF YOU HAVE A QUESTION OR COMPLAINT, PLEASE CONTACT THE PALM BEACH COUNTY DIVISION OF CONSUMER AFFAIRS, 3323 BELVEDERE ROAD, BUILDING 503, WEST PALM BEACH, FL 33406. TELEPHONE: 407-233-4820 (MAIN OFFICE); 407-930-5124 (SOUTH & WEST COUNTY OFFICE); 407-233-4838 (FAX) (Ord. No. 95-7, § 11, 3-21-95) Sec. 17-292. Records, inquiry or complaint handling; inspection. (a) A mover shall maintain records which shall include, but not be limited to, all estimates and contracts for services for a period of at least five (5) years from the date of completion of performance of the contract for service. All such records shall be made available for inspection and copying within five (5) business days of the mover's receipt of a written request from the DCA. (b) A mover shall establish and maintain a procedure for responding to inquiries and complaints from shippers. The procedure shall include a means whereby the shipper may communicate with the principal office of the mover by telephone. This procedure and telephone number shall be stated on the contract and estimate. (c) The mover shall retain and make part of the relating to a shipment a written record of all complaints and inquiries received from a shipper. (d) All complaints and inquiries on file with the DCA pertaining to a contract for service or mover shall be a record open to public inspection as required by state law. (e) The premises and all commercial motor vehicles of all movers shall be open to the DCA for inspection, investigation or for such other purposes as are necessary for the enforcement and administration of this ordinance during the business hours of the mover and in no event not less than between the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, excluding legal holidays. http://www.m...Iomjsapi.dll?infobase=l 0323 .nfo&record={ 1003 4CD} &softpage=Document4 3/14/00 .© Copyrighted. Municipal Code' r'orp., affiliated Municipality. 2000. ~ ....., Page 2 of2 (Ord. No. 95-7, § 12, 3-21-95) Sec. 17-293. Collection of freight charges on shipments involving loss or destruction in transit. þ http://www.m.. .10m _isapi.dll?infobase=1 0323.nfo&record={ 1 0034CD }&softpage=Document4 3/14/00 -© Copyrighted. Municipal Code rorp., affiliated Municipality. 2000. '-' Page I of2 ....,¡ CODE County of PALM BEACH, FLORIDA Codified throuqh Ord. No. 99- 44. adopted October 19, 1999. (Supplement No. 36) PALM BEACH COUNTY CODE Chapter 17 LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS. ARTICLE VIII. MOVING AND STORAGE BUSINESSES'" Sec. 17- 293. Collection of freiqht charQes on shipments involvinq loss or destruction in transit. No mover shall collect, or shall require a shipper to pay any charges when all of the shipper's household goods are totally lost or destroyed. (0 rd. No. 95-7, § 13, 3-21-95) Sec. 17-294. Claims. (a) No claim against a mover for damage shall be denied solely because the damage was not noted at the time of delivery. If a shipper files a claim for loss or damage not noted at the time of delivery, a mover remains obligated to investigate such claim. A shipper does not waive his or her right to a claim for damages solely by acknowledging receipt of the household goods on a bill of lading, contract or other document. (b) Whenever a mover requires a signed statement acknowledging delivery or receipt of items, the statement shall include a clear and conspicuous notice that the shipper may make notations regarding the household goods as delivered, and that the shipper may file a claim with the mover for lost or damaged household goods. The document acknowledging delivery shall also include the statement (referenced in subsection 17-286(c», in at least 12-point bold-faced type print, on the contract for service and estimate. (c) Pursuant to this article, a shipper shall have a period of up to sixty (60) days after the completion of delivery of the household goods to notify a mover in writing of any claim for loss, damage, or delay resulting from the performance of its contract for service. Said /imitation shall not be construed to limit any other remedy the shipper may have available at law. (d) Each claim filed against a mover shall be promptly and thoroughly investigated by the mover. If the claim cannot be resolved within thirty (30) days, the mover shall advise the claimant of the status of the claim and the reason for the delay. A mover shall either object to or resolve a claim filed by a shipper no later than ninety (90) days after receipt of the claim. (e) When a claim asserted against the mover for loss of an item or an entire shipment cannot be otherwise authenticated upon investigation, the mover may request from the shipper, and the shipper shall be required to sign, a sworn written statement that the household goods for which the claim is filed have not been received from any other source. If the shipper presents a false or fraudulent statement, the shipper shall be liable for damages to the mover. (Ord. No. 95-7, § 14, 3-21-95) Sec. 17-295. Complaints, hearings and appeals. (a) Complaint procedure: (1) Any person aggrieved by one of the following circumstances may file a written complaint with the division of consumer affairs. a. A violation of this article; b. A mover which fails to perform any service pursuant to the terms and conditions as agreed upon in the contract for service; or c. Any claim as described in section 17-294 which cannot be otherwise resolved. http://www.m.. .10m jsapi.dll?infobase=l 0323 .nfo&record={ I 0043CD }&softpage=Document4 3/14/00 · © Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. \.; "wi Page 1 of2 CODE County of PALM BEACH, FLORIDA Codified throuQh Ord. No. 99- 44. adopted October 19.1999. (Supplement No. 36) PALM BEACH COUNTY CODE Chapter 17 LICENSES. TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS. ARTICLE VIII. MOVING AND STORAGE BUSINESSES· Sec. 17-295. Complaints. hearinQs and appeals. (2) Said complaint shall include a brief statement of the allegations upon which the complaint is based. (3) Upon receipt of said complaint, the director shall take all action deemed appropriate, if any, including but not limited to: mediation; issuance of citations and/or cease and desist orders; further administrative action, and requests for temporary and permanent injunctions. (b) Right to hearing: (1) If the complainant is not content with the disposition achieved pursuant to subsection 17-295 (a), the complainant may have said matter heard before Palm Beach County consumer affairs hearing board. (2) The complainant must make a written request for hearing within fifteen (15) days of his/her receipt of said disposition from the director. (3) The consumer affairs hearing board shall set a time, date and place for hearing of all complaints forwarded by the DCA. Accordingly, the DCA shall give all known interested parties reasonable notice thereof. All hearings shall be scheduled as promptly as practicable and in no event more than thirty (30) days from the date the request was filed. Written notice of the time, date, and place of the hearing shall be sent to said parties no later than ten (10) days prior to the date of such hearing. Failure to appear at a duly noticed hearing shall be deemed an admission of the acts as described in the notice. In addition, failure to claim certified mail which provides notice of hearing shall be construed as failure to appear at a duly noticed hearing. Moreover, if the complainant fails to appear at said hearing it shall be construed as a waiver of their right to bring said matter before the board. (4) The consumer affairs hearing board shall review the matter de novo considering the case record as well as the testimony offered by any interested party. The consumer affairs hearing board shall, upon the basis of the evidence presented, render a final decision. (5) Whenever any person has been determined by the consumer affairs hearing board to have engaged in conduct in violation of this article or in breach of a contract for service, the board may issue an order directing said person to: return, refund, or reimburse monies; return or repair household goods; or perform any remedial measures deemed appropriate: (6) If the consumer affairs hearing board, pursuant to the aforementioned procedures, is requested to review a decision of the director the following principles apply: a. If the decision of the director is affirmed, said decision shall constitute final agency action; or b. If the decision of the director is modified or reversed, the consumer affairs hearing board shall instruct the director, in writing, as to what action shall be taken. (7) The director, at his/her sole discretion, reserves the right to initiate an action before the board on behalf of aggrieved consumers. (c) Effect of consumer affairs hearing board review: The decision of the consumer affairs hearing board shall constitute final agency action, unless stipulated otherwise. Failure to comply with the decision of the consumer affairs hearing board shall be deemed a violation of this article. Accordingly, any and all criminal and civil legal remedies available to the county will be pursued. http://www.m..Jomjsapi.dll?infobase=10323.nfo&record={ 1 0052CD }&softpage=Document4 3/14/00 '. o Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. ~ Page 2 of2 "wII (d) Circuit court appeal: Any person may appeal a final determination of the consumer affairs hearing board by filing a writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. (Ord. No. 95-7, § 15, 3-21-95) þ http://www.m...Iomjsapi.dll?infobase=10323.nfo&record=={ I 0052CD }&softpage=Document4 3/14/00 'Þ © Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. '-' -.".I Page 1 of2 CODE County of PALM BEACH, FLORIDA Codified through Ord. No. 99- 44. adopted October 19. 1999. (Supplement No. 36) PALM BEACH COUNTY CODE Chapter 17 LICENSES. TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS" ARTICLE VIII. MOVING AND STORAGE BUSINESSES" Sec. 17-296. Enforcement and penalties; civil and criminal. Sec. 17-296. Enforcement and penalties; civil and criminal. (a) Failure to comply with the requirements of this ordinance shall constitute a violation of County Ordinance, including the Consumer Affairs Ordinance (No. 77-10, as amended) [Section 9-1 et seq.], and shall be prosecuted and punishable, pursuant to Chapter 162, Florida Statutes, and or Section 125.69(1), Florida Statutes, by a fine not to exceed five hundred dollars ($500.00) per violation or imprisonment not exceeding sixty (60) days, or both such fine and imprisonment. Each day during any portion of which such violation occurs or continues to occur constitutes a separate violation. In addition to the sanctions contained herein, the county shall take any other appropriate legal action, including but not limited to, cease and desist orders, other administrative actions, and requests for temporary and permanent injunctions to enforce the provisions of this article. It is the purpose of this article to provide additional cumulative remedies. (b) This article shall be enforced by personnel authorized by the department, county code enforcement officials, the police agencies of the various municipalities in Palm Beach County and by the county sheriffs office. When specifically authorized by the director, this article may be enforced by other county personnel. (c) The DCA shall maintain a system by which movers are given citations or written notice of all violations. DCA personnel shall be permitted to enter the business premises of a mover to ascertain whether the business is in compliance with this ordinance. If DCA personnel are unreasonably refused entry or access to the business premises as stated above, the DCA shall obtain an inspection warrant pursuant to sections 933.20 et seq., Florida Statutes, in order to ascertain compliance with this ordinance. (d) The DCA is authorized to enforce the provisions of this article by administrative fines of up to five hundred dollars ($500.00) for each violation in accordance with the Consumer Affairs Ordinance (No. 77-10, as amended) [Section 9-1 et seq.]. Each day of a continuing violation shall be deemed a separate violation. (e) All fines collected as a result of said citations shall be paid into the county treasury and deposited in the fines and forfeiture fund. (f) If a person fails to pay the civil penalty or fails to appear in court to contest the citation, said defendant shall be deemed to have waived his/her right to contest the citation. Accordingly, a default judgement shall be entered against the defendant in an amount imposed by the judge up to the maximum civil penalty of five hundred dollars ($500.00) plus court costs or in accordance with 125.69, Florida Statutes. (Ord. No. 95-7, § 16, 3-21-95) Secs.17-297-17-310. Reserved. ARTICLE IX. TITLE LOANS Sec. 17-311. Title. This article shall be known and cited as the "Title Loan Ordinance of Palm Beach County, Florida." (Ord. No. 99-10, § 1, 4-20-99) Sec. 17-312. Definitions. http://www.m...Iomjsapi.dll?infobase=10323.nfo&record={ 10061 CD }&softpage=Document4 3/14/00 " '-" AGENDA REQUEST ......, ITEM NO. _ '7 DATE: April 25, 2000 REGULAR 00 PUBLIC HEÃRtNG ( ] CONSENT PRESENTED BY: . 1 J' - TO: BOARD OF COUNiY COMMISSIONERS SUBMtTTED BY(DEPT): ~GlN~RIHQ. DIYISION 411§ SUBJECT: Pícos Road Paving and Drainage Improvements (from Rock Road to SR 713 (Ki gs Highway) - Work Authorization No.5 to the Agreement with In\\OOd Consulting Engineers for Roadway and Intersection Design ~ACKG~OUNO; On April 8, 1999, the St. Lucie County Extension Advisory Council made a formal request to St. Lucie County for roadway improvements to Picos Roact. On July 20, 1999, staff was directed by the Board to proceed with the project. Funds totaling $550,000.00 were budgeted in the FY 2000 Capital Improvements Budget for this project. The attached Work Authorization No.5 with ImNOOd Consulting Engineers in the amount of $81,571.00 includes: surveying, design, soil testing, environmental survey, permitting, landscape design, and preparation of bid documenæ. The project will involve land acquisition to obtain the necessary right-of-way to allow construction of the improvements. The property owners along the north side of Picos Road have indicated that they do not want to give up property for additional right-of-way (see attached letters). Staff will proceed with designing a paved roadway to fit within a minimal eo' wide right-of-\N8Y· This win require obtaining property from only one property owner. The project budget will be established as followS: Surveying ..................,..................,............. $12,762.50 Environmental Survey. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,500.00 Geotechnical (soils) ............................................ $3,080.00 Engineering Design and Permitting ............................... $55,728.50 Landscape Design ............................................. $7.500.00 Design Subtotal ......................................... $81,571.00 Permitting Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,500.00 Land Acquisition .............................................. $50.000.00 Total Project Budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $135,071.00 FUNþS AVAIL: Funds will be made available in 101002-4112-563005- 41010 Transportation Trust/SOOÁl Con$titutionat-Gas Tax ....... ."",,-.....- .......'PREVIQUS ACTION: ~ ...." July 20, 1999 _ Board directed staff to proceed with land acquisition and paving and drainage plans to improve Picos Road. RECOMMENDATION: Staff recommends Board approval of Work Authorization No. 5 to the Agreement for Roadway and Intersection Design with Inwood Consulting Engineers in the amount of $81,571,00 for PicOs Road Paving and Drainage Improvements, approval c:A the project bUdget as outlined abOve. and authorization for the Chairman to sign. (x}County Attorney {x)OrigInatlng Deft. Public WorkS pIcosW85.ag Do glas derson County ~dmin¡strator l"~hlltlon'SIdnat'". -. ::;:;;¡¡;øo/ {x]Co. Eng~ ÇQMMlSSION ACTION: ~ 1 APPROVED [ 1 OTHER: Approved 3-1 (Coward) Hutchinson Absent [ ] DENIED (x)BudgEtIRev e,Pc t\ { 10th« '-' ....., WORK AUTHORIZATION NO.5 Engineering Services Related to Roadway and Intersection Design C-97 -10-035 for Picos Road Paving and Drainage Improvements Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Inwood Consulting Engineers, (The "Engineer") dated September 9, 1997, the Engineer agrees to provide the Scope of Services described in Exhibit "A" for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER BY~ZJz;uJ¿ Print Name: 4/1drew L/. D-tJ/# Inwood Consulting Engineers Date: 'f~/D~OO '-" ~ EXHIBIT "A" SCOPE OF WORK Article I Proiect Description The COUNTY hereby retains the ENGINEER to furnish Engineering Services for the following development: 1. Provide paving and drainage improvements to Picos Road, between Rock Road and SR 713 (Kings Highway). The improvements described above are hereinafter called the PROJECT. Article II Services by Engineer The consulting services that the ENGINEER shall furnish to the COUNTY under this Work Authorization shall include: A. Environmental Effort / Permits Upon substantial completion of the Roadway Plans, ENGINEER will prepare the permit applications for submission to South Florida Water Management District (SFWMD), the North St. Lucie River Water Control District (NSLRWCD) and the Florida Department of Transportation (FDOT). ENGINEER will respond to one (l) Request for Additional Information (RAI) to SFWMD and FDOT. This task also includes ENGINEER's staff attending up to (2) meetings with the regulatory agencies and the preparation of meeting minutes. Any, and all, permit fees shall be paid by the COUNTY. B. Paving and Grading Plans ENGINEER will perform the engineering design and analysis to pave Picos Road to a two-lane, 24-foot wide collector roadway. ENGINEER will prepare a set of construction plans suitable for bidding that will include, but not be limited to, the following: c:\clerical\marketing\p00004(picosroad)\tee proposal\scope,doc Page 2 ~ ....",¡ · Key Map; · Summary of Pay Items (Also included in the Bid Documents); · Drainage Map; · Typical Sections; · Project Layout and General Notes; · Plan and Profiles; · Intersection Details; · Miscellaneous Details; · Erosion Control Details; · Cross Sections; · Drainage Structure Sections; · Traffic Control Sheet; · Signing and Pavement Marking Sheets; and · Endwall Detail Sheets. ENGINEER's staff will also prepare a detailed computation book and provide an Engineer's Estimate of Construction Costs. ENGINEER will also prepare a pavement design package as well as make two (2) field reviews and attend two (2) meetings with COUNTY to discuss the PROJECT progress. Meeting minutes will be prepared. C. Drainage Design ENGINEER will perform all necessary drainage modeling and calculations necessary to design and permit this roadway project. This task includes one (1) field visit and one (1) meeting with COUNTY staff. Meeting minutes will be provided. D. Bidding Services I Contract Documents ENGINEER will prepare the Contract Bid Documents for the PROJECT using St. Lucie County format and assist the COUNTY in their review of the bids. ENGINEER will attend the Pre-Bid Meeting as well as attending the Pre-construction Meeting and prepare minutes for those meetings. ENGINEER will review the Contractor's shop drawings. E. Miscellaneous and Out-of-Pocket Expenses This task lists the out-of-pocket costs that will be incurred over the course of the PROJECT; these items include photocopies, plotting (mylar), blueprinting, mileage, postage, telephone, shipping and Bid Documents and Construction Plans reproductions. These expenses are considered "LUMP SUM" and will be invoiced monthly according to the percent complete of the project. e:\clerical\markcling\p00004(picosroad)\fee proposal\scope.d()ç Page 3 '-'" ...., F. Design Survey Betsy Lindsay, Inc., on behalf of the ENGINEER, will perform a topographic survey of the project site and deliver to the ENGINEER an electronic file consisting of topographic information, cross sectional information and right-of-way information. G. Geotechnical Ardaman and Associates, Inc., on behalf of the ENGINEER, will perform the necessary testing and evaluations required for the PROJECT. Services include, but may not be limited to, Standard Penetration Borings (SPT), Auger Borings, Limerock Bearing Ratio Tests, Exfiltration Tests and a Summary Report. H. Environmental RL. Weight Environmental, Inc., on behalf of the ENGINEER, will perform site visits to determine the presence of threatened or endangered flora and fauna, establish jurisdictional wetland boundaries, meet with regulatory agencies and document his evaluations and findings into an Environmental Assessment Report. L Landscaping Thomas Lucido & Associates, P.A., on behalf of the ENGINEER, will perform a landscape design for the project, produce Landscape Construction Plans and produce an estimate of landscape construction costs. Article III County's Responsibilities The COUNTY'S responsibilities include the following: I. Coordinate the COUNTY requirements for the PROJECT with the ENGINEER. 2. Pay in full any permitting fees required to obtain surface water management permits from South Florida Water Management District, North St. Lucie River Water Management District or any other permitting agency as required for completion of the project (e.g. FDOT). e:\clerical\markeling\pO0004( picosroad )\fee proposal\scope doc Page 4 '-" -...I Article IV Compensation And Payments To The Engineer A. Payment for Basic Services The COUNTY will pay the ENGINEER a lump sum of EIGHTY ONE THOUSAND, FIVE HUNDRED AND SEVENTY ONE DOLLARS AND ZERO CENTS ($81,571.00) for Basic Services. (See attached Manhour Breakdown and schedule for completion of the work.) 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Q) ( ) LL '-' ....., EXHIBIT C PIcas ROAD FINAL DESIGN SCHEDULE ACTIVITY WEEKS 1 2 3141516 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Data Collection Prepare 30% Plans County Review Prepare 60% Plans County Review Permit Application Prepare 90% Plans County Review Prepare 100% Plans County Review Final Deliverables , I '-' ....,.¡ MEMORANDUM PUBLIC WORKS DEPARTMENT TO: Board of County Commissioners FROM: / .., Ray Wazny, Public Works Director :f/t",-_/ SUBJECT: Picos Road DATE: March 17,2000 ****************************************************************** We have received letters from homeowners along Picos Road expressing concerns about the proposed paving which needs approval by the Board. Some of the concerns are related to the proposed design. We recommend that the design ofthe paving of Pic os Road move forward. Once this is completed, staff will meet with homeowners to review the detailed design. If concerns still exist, the issue of paving Picos Road will be put on the BOCC Agenda for discussion. Please let me know if you have any questions. RLW/sm cc: S1. Lucie County Administrator Assistant County Administrator V'County Engineer Havert F enn Nonnan Hayslip Dr_ Calvin Arnold Mr Bill Phares Mr & Mrs James Delanne Mr Timothy Gaver Mr Ed Lounds Mr Jo1m Carow Mr & Mrs Ernest T Dunn Mr Melvin T Folbrecht Jr Mr & Mrs Louis Mule '-" -...,I J. RICHARD CAROW 7690 PICOS RD FT PIERCE, FL 34945 FEBRUARY 29, 2000 MR RAY WAZNY, PUBLIC WORKS DIRECTOR ST LUCIE COUNTY, FLORIDA 2300 VIRGINIA AV FT PIERCE, FL 34982 DEAR MR WAZNY: Thank you for the opportunity to express my concerns re- garding the paving of Picos Road. I have no desire to hold up pro- gress, nor do I have anything against living on a paved road; however I do have a few concerns, as follow. The plan proposed at our recent meeting seems to me to be a bit extravagant. It doesn't seem that state code should apply to a county road where no state funds are involved. This may in fact be so, but doesn't seem logical to me. I think that paving the road where it now exists, with a slight slope toward the north side to awaiting ditches (as it is now set up in front of the nursery) would suffice. Something along this line would seem to me a much more practical plan. Additionally, I stand to suffer a rather considerable financial setback from the proposed plan. My drainfield (in place prior to the county's assuming the current ROW) would have to be relocated and upgraded. The Health Dept. tells me that compliance to existing code would mean an elevated drainfield, the only room for which would in my back yard, thereby losing nursery space. Having to fill in a good bit of my drainage pond, relocate my fence, and lose a good bit more nursery space along the roadside, would also be very costly. These considerations are admittedly personal. Moving the nur- sery fence and losing nursery space on the ROW would seem to be due to my poor planning and just tough luck. I did not, however, hap- hazardly place this fence where it is now located. (It is now located approximately five feet north of the fence in place when I purchased the property.) I contacted a few people at County Planning, off the record, regarding plans for future paving of Picos Road. Phrases such as: "a long, long time to come", and "possibly, but certainly only two lanes", and "don't worry", prompted me to take a calculated risk in placing the fence where it is now located. At that time I also upgraded and improved drainage along the south side of the fence. This included re-digging the ditch and repairing the culverts. At the same time I also improved the existing drainage on my north pro- perty line. '-' ,."" 3-13-2000 Mr. Ray Wazny Public Works Director St. Lucie County 2300 Virginia Avenue Ft. Pierce, FI 34982 Dear Mr. Wazny: This letter is in reference to your letter dated February 26 concerning the proposed paving of Picos Road. My apologies for my tardiness in answering your letter. I am in favor of paving Picos Road in principle. However, I would like to see the engineering and construction accomplished in such a manner that retains the current basic layout of the roadway as it is. Specifically, I am not in favor of construction identical to that done on Experiment Station Road. I think your engineering findings would show that a number of oak trees would have to be removed and that my neighbors to the East would be affected to a considerable degree if such a road were constructed. Sincerely, -¡¡; ~ Tim Gaver 8098 Picos Road Ft. Pierce, FI 34945 · '"" {.':.~"\ p¿"" '[)~~""e ' Indian \; 20 Year · p + Class A PGA Professional Hills Country o,~....\<.~ 'Comeon by and say Hello- ~ -4lø4-B'Ob·1 ,CI ub INDIAN HILLS C.C. 1600 S. 3rd Street /) ~) Fl Pierce, FL 34950 1.)../1 . I\ar.¡ í)JM/1' ~W~ 3DO '2M~ Wµ yddJ~/J)· 3496Z J<!M.-'rr{ Ii, ZJ a~y,: , ' J.. '/ 79610 Ct-~d 7CJôO ~~.Æ ~. JÚo-o JdA~Y o'UnL¿;Ì4./' ¿VU ø-fj4-;/pdt- ti~ P~~'~,fLCtxJ)Kd" ' U¡;f»( Þ Jc ð"?t /, J /tca-'-Z i;¿J TAd /l&C~ ,," zz#¡¡dr A,'L<J) .-ðtL.i-iv ~d {}-j/( ~ t!tud~/¿~ tM- tic (!(}[þyciI; . ~ /YJ'{~£4rfcY~ cLMd ~C dh /J1o:t /räu-.e þ C(l' J VvÞL;tb dj-ß~a. !~Þ~Y1r.h¡f /¿¿~ ~v' Ii¥-. JÆ¿ ./L¿-<LR.__ cd ;tJL¿.~ /PC- ' '. '~¿¡J /HfPtvK. ~D ~<Ú c¡ff~d¡¡ If;: fu )¡tyrYl.Po-u>-rLiùv.v ()'VL- t:JuA, A~) mD ctu<JJJ ClMcÝ ~ /Yi-1~L4~ Þ tict (!~!' ~,;tÆ:.-~ ~~~ ~tu-K. Í/YG~? J . ~Q& .Lt}/¿e ;tð Á-fCu0 . /¿[n vL {)-UJ {J./6o-ui- ~" _ r. .,0 - ì ¡- ~ /1/1--1' .P.A~ \." ,¡ ,';'; ,c'. '., in 1\ f ç¿y?.. ~ -;, ¡ý(/, r·!iL ~N '~!:'. ';¡} // -d·¿XJLLU"'''''Z. : L¡U MAR - 1 ~~co :.: I \ TELEPHONE (407) 465-811 \ ~!r\r..~--;?:600 ~ THIRD STREET, FORT PIERCE, FLORIDA 34950 \ Phone: (561) 461-9620 . . Fax: (561) 465-0845 0"··· )eLarme Class A P.G.A. Professlonal rr¿~~ LOGO '-" ..",,¡ MR RAY WAZNY FEBRUARY 29, 2000 PAGE 2 I am tired of all the dust from the dirt road~ but I'm also tired of the speeders that cause it and no response from law enforce- ment to curtail it. Paving the road will cut the dust, but increase the speeding...in numbers and speed. I can tolerate that trade-off, but not 20-30' closer to my front door. I do not wish to be a thorn in anyone's side, but have given you my perspective on the subject of paving Picos Road. Thank you for soliciting my opinion on this matter. cord~~ì~l~~ J. R~~::d "Rick" Carow CC: Havert L. "Coach" Fenn Norman C. Hayslip '-' AGENDA REOUEST 'W'e M NO. ---ª- TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration SUBJECT: Bi-Weekly Committee Reports DATE: April 25, 2000 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Doug Anderson County Administrator BACKGROUND: At the April!!, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, on a bi-weekly basis, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2nd and 4th Tuesday of each month. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/ A RECOMMENDATION: This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: Committee Blueway Advisory Committee Childrens Services Council Cultural Affairs Council SLC Expressway Authority Friends of SLC Library Property & Homeowners St. Lucie County Fire District Transportation DLCB Treasure Coast Regional Planning Council COMMISSION ACTION: [ ] APPROVED [ ] DENIED [x] OTHER: Reports given on Committees Meeting Date Monthly 2nd Thursday - 2nd Tuesday 3rd Thursday 2nd Thursday 2nd Wednesday 3rd Wednesday 2nd Wednesday 3rd Friday Commissioner Barnes Barnes Coward Lewis/Barnes Lewis· Coward Bruhn/Hutchinson Lewis Coward/Hutchinson <--. 4~ derson dministrator County Attorney: Management & Budget Review and Approvals Originating Dept. Other: Purchasing: Other: Ô4/21/00 PZAßVARtt mJNîJ·· 001 001b01 001125 001126 001127 001245 001246 001247 001248 001252 001805 001807 101 10100í 101003 102 102001 105 107 107113 109 113 114 116 119 121 123 136 138 140 160 1a3 183001 183004 183208 183210 185203 185204 186 1862Ô2 186203 215 242 282 304 310ô02 316 392 S~UCÍE êoudft ""' MAtUJ 'wi tlARItANT LtST 13~ g~AP1t-,-~ÖÖO tð ~1-,-~..;.200ö F'UNb StlMHARf TITLE GèÌ1êral Fund Recreation Special Events TC Community Action Agency FY 99/00 Section 112/HPO/FHVA Plännirtg 99/00 National Endowment lIUDlàni ties 'ÍRÍP Grant FY 99/00 99/00 Emergency Mgmt. Prep & A§§ist 99/00 Hazardous Material Grant 'Ì'DC Plannihg Grant FY 99/00 Urbart Mobile Irrigation Lab Grant SFVHD/SLSYCD EQIP ProgrâM Floridian Aquifer Yell Monitoring Transportation Trust Fund Transportation Trust/80% Constittit Tránsportation Trust/Local Optiön Unincorpotàted ServicésPund tltáinagè Haintenartée MstU Library Spêcial Gráhts Fufid Fine & Forfeiture Fund BUllétpröof Vest Partnership Gràht brug Abuse Fund Harmony Heights 3 Fund ltârmony Heights 4 Fund Sùnland Gardens FOnd Holiday Pines Fund Blakely Subdivision Fund QUeens Covê Lighting Distl13 Fùftd Mônte Carlo Lighting MsTUl4 Fund Palm Lake Gardens MSTU Fund Port & Airport Fund Þlan Maintenance RAt> Furtd êt Administrator-19th Judiciä1cir Ct Administrator-Arbitrãtióh/Médiat ët Admin.~ Téen Court Court Rêpórter Grant-In-Aid 99Jðo Courts Admin. civil Tràffic Irtfräc FHFA-SInP 98/99 mFA SHIP 99/00 Recyéling Opêrating Fund . ... .. DEP-RecycHng & ÊdUëå Haft .. M/99 Recycling & Education 99/00 5-'-Ÿr Bldg Bond Aritléipat.ÍbS ~d Port I&S Fund Èrivirohinéh tal Land Í&8 Fùhd ëoinllìUt1ication Systel11 Ftihd Impact Fees-ParkS County Capital.. .. Ideá1 Bolding Road MSBU Càþital m~l~ 138.Mi,M 410.00 ~57.42 391.16 22.30 15.260.00 54.Š8 297.82 LS8 160.47 7.396.39 89.26 31;054.39 1,116.00 14,269.00 50.596.95 21j.06 510.M 99,301.19 2,000.00 2,403.33 195.76 431. 63 41a.O~ 699. os 64.19 242.33 1,261.41 102.90 4,230.60 1,219.45 Mì .19 299.0S 199.10 9Š9.S0 1.~60.ÖO 14.00ö.00 331.98 172.61 4.11 93.66 2.565.35 125.00 450.00 503, ÖOÒ. 00 1,440.00 945.40 914.60 PAlm 1 'Amott ž~,ã49.ž, ö,öð ö.Oó ô,öö Ö,OO 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 tJ,M (),OO ö,OO ö ¿(JÔ 0,00 ö,ðö O,Oð t),OO a,M 0,00 b.OO Ö,OO ð¡M O,M t),C)ð ö.oo ð,M 0.00 ö.CIO (J,M Ö,OO ö.ðO ödX) 0.00 ö.M Ö.OO t),OO 0,00 ö.Oð 0,00 0.00 Ö4/21/OO FZABVAM. ~ LUê!È cotfN1ft ~ aôA1U> ....., VARAANT LìSt #30-: 15-"~~2óoo TÔ 21"'-AÞR-,,~00ö FtJNi) StJkt.fA1tï FUNI> TítLÊ 394 Rainttèè Fóièšt MSBU Capita1 401 Sàn1táry Landfill Fund 418 Golf Course Fund 421 H.E.V. Utilities Fund 441 North Hutchinson Island Utilitiês 451 S. Hutchinson Utilities Fund 461 Sports Complèx Fund 471 Holiday Pines Utilitiè§ Fund 479 Holiday Pines eäpital Fãcl1itles 491 BUilding Code Fund 501 !nformation Technology Fund 505 Heàlth Insurance Fund 510 Sèrvice Garage Fund 611 Tourist Development Trust-Adv Pond 625 Läw Library 650 Agencý Fùnd GRAND tôTAL: mms~g I.Mö.29 65,268.37 22,043.18 4.31 8,818.18 1,631.59 11,S49.ÖO 18,9ÖL5a 1.314.00 18,191.M 8,551.54 250,844.09 10,536.89 1,011.00 29,421.61 g,gag.29 I.Mö,Mj,aš PAlm ~ PAftðtL 0.00 0.00 ö.oo O.öö 0.00 0.00 0.00 ð.OO 0.00 0.00 0.00 1,3Žg.94 Ö.OO 0.00 0.00 ö.Oð M, 11§. II \.---- ...... AGENDA REQUEST 'WI ITEM NO. C-2A DATE: April 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Leeds Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Approval of Sponsorship Agreements for the new South County Regional Stadium. BACKGROUND: As part of the ongoing effort to obtain funding for the South County Regional Stadium corporate sponsorship packages are being offered. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board approve Sponsorship Agreements with FP&L; Edlund & Dritenbas; Morgan, Stanley, Dean Witter; Garrison Frolich & Assoc.; Community Savings,FA and authorize the Chairman to sign. COMMISSION ACTION: ~] APPROVED [] DENIED [ ] OTHER: E: County Attorney: Originating Dept: 11 Ó~ V_ Coordination/Siqnatures Mgt. & Budget: Purchasing Mgr.: other: other: Finance: (Check for Copy only, if Applicable) Eff. 1/97 H:\WP\sponsorship agreements.wpd '-' "'wI SPONSORSHIP AGREEMENT THIS SPONSORSHIP AGREEMENT made and entered into this day of , 2000, by and between Community Savings, F.A., hereinafter referred to as ·Sponsor", and St. Lucie County, a political subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as ·County". WIT N E SSE T H: WHEREAS, the County is proposing to construct a South County Regional Stadium rStadium") located adjacent to the St. Lucie County Sports Complex and is soliciting donations for private parties to help fund construction of the Stadium; and, WHEREAS, Sponsor will be entitled to receive recognition as set forth herein; and WHEREAS, Sponsor desires by this Agreement to pledge to County the amount set out in the Agreement for use by the County in funding the stadium; and, WHEREAS, County desires to accept the pledge by Sponsor pursuant to this Agreement. NOW, THEREFORE, in consideration of the sum of Ten ($10.00) dollars and other good and valuable consideration paid by County to Sponsor, receipt of which is hereby acknowledged, and each of the covenants and conditions hereinafter set forth, each of which shall be deemed consideration for the other, it is agreed by and between County and Sponsor as follows: 1. The foregoing recitals are true and correct. 2. Simultaneously with the execution of this Agreement, Sponsor agrees to pay to the County the principal sum of five thousand and 0/100 Dollars, which indebtedness is evidenced by the Promissory Note of Sponsor (the ·Note") in such sum, copy of said Note being attached hereto and made a part hereof as Exhibit ·C". Sponsor reserves the option to pay an additional five thousand and 0/100 ($5,000.00) dollars per year over a two (2) year period on April 1, 2001 and April 1, 2002. 3. COVENANTS OF SPONSOR. Sponsor does hereby warrant and represent that Sponsor has the authority to execute this Agreement. Page 1 of :3 '-ø; ....." 4. COVENANTS OF COUNTY. In return for Sponsor's commitment, County agrees to: provide the County: Four announcements on P A System During Game 8xlO Sign Promotional Night Advertising at All Events Major Sponsorship at an Individual Event Web Page Promotion Tailgate Party at a Game of Choice Eight (8) Seasonal Tickets to Events at the Stadium Reserved Parking Foursome Tickets for Leisure Services Golf Tournament 5. REMEDIES. The County may either at law or in equity, by suit, action, mandamus, or other proceedings, in any court of competent jurisdiction, protect and enforce any and all rights existing under the laws of the State of Florida, or granted and contained in this Agreement and the Note, and may enforce and compel the payment of all sums and the performance of all duties required by this instrument or by any applicable laws to be performed by the Sponsor or by any officer thereof. 6. MODIFICATION OR AMENDMENT. Nomaterialmodificationoramendment of this Agreement or of the Note may be made without the consent in writing of the County. 7. SEVERABILITY OF INVALID PROVISIONS. If any provision of this Agreement should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such provision shall be null and void and shall be deemed separate from the remaining provisions of, and in no way affect the validity of, all the other provisions of, and in no way affect the validity of, all the other provisions of this Agreement or of the Note issued hereunder. 8. DELIVERY OF NOTE. The proper officers of the Sponsor have been duly authorized to execute this Agreement and the Note and to sign on behalf of the Sponsor any and all documents necessary or desirable in connection with the delivery of this Agreement and of the Note. 9. SITUS. The Note and this Agreement shall be governed by the laws of the State of Florida. Venue of any litigation shall be in St. Lucie County. Page 2 of 3 '-' ...., 10. BINDING COVENANTS. All representations, covenants and warranties in this Agreement or in the Note shall be binding upon Sponsor and its successors and assigns and shall inure to the benefit of the County, its successors, endorsees, transferees or assigns. 11. NOTICE. All notices, requests, demands or other communications provided for herein shall be in writing and shall be deemed. to have been given upon posting in a United States Post Office, by registered or certified mail, return receipt requested, addressed to the party to whom such communication is to be given at its address as set forth at the head of this instrument, or to such other address as either party shall designate in writing in like manner. IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their duly authorized officers and their respective seals hereunto affixed the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Community Savings, F.A. BY: G:\A TT'l\AGREEMNT\5pon50r5hip-Com5v~5.wpd Page 3 of 3 '-' ~ NOTE PRINCIPAL AMOUNT: DATE: Five Thousand Dollars April 1, 2000 KNOW ALL MEN BY THESE PRESENTS, that Community Savings, F.A. ("Company"), for value received, promises to pay to St. Lucie County, or registered assigns, Five thousand dollars on May 1, 2000, payable by check or draft mailed to the Office of the St. Lucie County Finance Director, 2300 Virginia Avenue, Fort Pierce, Florida. The principal of this Note is payable in lawful money of the United States of America. WITNESSES: COMMUNITY SAVINGS, F.A. BY: G:\A TTY\AGREEMNT\COM SAVINGS-NOTE I EXHIBIT Ii t If '-' """'" SPONSORSHIP AGREEMENT THIS SPONSORSHIP AGREEMENT made and entered into this day of ,2000, by and between Edlund & Dritenbas, 65 Royal Palm Pointe, Suite D, Vero Beach, Florida 32966, hereinafter referred to_as "Sponsor", and St. Lucie County, a political subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as "County". WIT N E SSE T H: WHEREAS. the County is proposing to construct a South County Regional Stadium (" Stadium") located adjacent to the St. Lucie County Sports Complex and is soliciting donations for private parties to help fund construction of the Stadium; and, WHEREAS, Sponsor desires by this Agreement to pledge to County the amount set out in the Agreement for use by the County in funding the stadium; and, WHEREAS. County desires to accept the pledge by Sponsor pursuant to this Agreement. NOW. THEREFORE. in consideration of the sum of Ten ($10.00) dollars and other good and valuable consideration paid by County to Sponsor, receipt of which is hereby acknowledged, and each of the covenants and conditions hereinafter set forth, each of which shall be deemed consideration for the other, it is agreed by and between County and Sponsor as follows: 1. The foregoing recitals are true and correct. 2. Simultaneously with the execution of this Agreement, Sponsor agrees to pay to the County the principal sum of Five thousand and 0/100 Dollars, payable in equal annual installments over a ten year period which indebtedness is evidenced by the Promissory Note of Sponsor (the "Note") in such sum, copy of said Note being attached hereto and made a part hereof as Exhibit "C". 3. COVENANTS OF SPONSOR. Sponsor does hereby warrant and represent that Sponsor has the authority to execute this Agreement. 4. agrees to: COVENANTS OF COUNTY. In return for Sponsor's commitment, County g: \atty\agreemnt \Edlund-sponsorship Page 1 of 3 '-'" '-" One Announcements on P A System During Games Quarter Page Ad in the Centennial High School Program Advertising at All Events Web Page Promotion Stadium Building Block Advertisement 5. REMEDIES. The County may either at law or in equity, by suit, action, mandamus, or other proceedings, in any court of competent jurisdiction, protect and enforce any and all rights existing under the laws of the State of Florida, or granted and contained in this Agreement and the Note, and may enforce and compel the payment of all sums and the performance of all duties required by this instrument or by any applicable laws to be performed by the Sponsor or by any officer thereof. 6. MODIFICATION OR AMENDMENT. No material modification or amendment of this Agreement or of the Note may be made without the consent in writing of the County, provided, however, that no modification or amendment shall permit a change in the maturity of the Note, a reduction in the rate of interest thereon, or a reduction in the amount of the principal obligation thereof; nor shall any modification or amendment either affect the unconditional promise of the Sponsor to pay the principal of an interest on the Note, as the same shall become due. 7. SEVERABILITY OF INVALID PROVISIONS. If any provision of this Agreement should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such provision shall be null and void and shall be deemed separate from the remaining provisions of, and in no way affect the validity of, all the other provisions of, and in no way affect the validity of, all the other provisions of this Agreement or of the Note issued hereunder. 8. DELIVERY OF NOTE. The proper officers of the Sponsor have been duly authorized to execute this Agreement and the Note and to sign on behalf of the Sponsor any and all documents necessary or desirable in connection with the delivery of this Agreement and of the Note. 9. SITUS. The Note and this Agreement shall be governed by the laws of the State of Florida. Venue of any litigation shall be in St. Lucie County. 10. BINDING COVENANTS. All representations, covenants and warranties in this Agreement or in the Note shall be binding upon Sponsor and its successors and assigns and shall inure to the benefit of the County, its successors, endorsees, transferees or assigns. g: \Qtty\Qgreemnt\Edlund-sponsorship Page 2 of 3 '-" ......, 11. NOTICE. A II notices, requests, demands or other communications provided for herein shall be in writing and shall be deemed to have been given upon posting in a United States Post Office, by registered or certified mail, return receipt requested, addressed to the party to whom such communication is to be given at its address as set forth at the head of this instrument, or to such other address as either party shall designate in writing in like manner. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers and their respective seals hereunto affixed the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: SPONSOR EDLUND " DRITENBAS BY: g: \atty\agreemnt\Edlund-sponsorship Page 3 of 3 '-" ~ NOTE PRINCIPAL AMOUNT: DATE: Five Thousand Dollars April 1, 2000 KNOW ALL MEN BY THESE PRESENTS, that Edlund & Dritenbas ("Company"), for value received, promises to pay to St. Lucie County, or registered assigns, Five hundred dollars on May 1, of each year for a period of ten years beginning on May 1, 2000, payable by check or draft mailed to the Office of the St. Lucie County Finance Director, 2300 Virginia Avenue, Fort Pierce, Florida. The principal of this Note is payable in lawful money of the United States of America. WITNESSES: EDLUND & DRITENBAS BY: I EXHIBIT It t It G:\A TTY\AGREEMNT\EDLUND-NOTE '-' ......, SPONSORSHIP AGREEMENT THIS SPONSORSHIP AGREEMENT made and entered into this day of ,2000, by and between Garrison Frohlich & Associates, 4826 South US Highway 1, Fort Pierce, Florida 34982, hereinafter referred to as "Sponsor", and St. Lucie County, a political subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as "County". WIT N E 5 SET H: WHEREAS, the County is proposing to construct a South County Regional Stadium ("Stadium") located adjacent to the St. Lucie county Sports Complex and is soliciting donations for private parties to help fund construction of the Stadium; and, WHEREAS, Sponsor desires by this Agreement to pledge to County the amount set out in the Agreement for use by the County in funding the stadium; and, WHEREAS, County desires to accept the pledge by Sponsor pursuant to this Agreement. NOW, THEREFORE, in consideration of the sum of Ten ($10.00) dollars and other good and valuable consideration paid by County to Sponsor, receipt of which is hereby acknowledged, and each of the covenants and conditions hereinafter set forth, each of which shall be deemed consideration for the other, it is agreed by and between County and Sponsor as follows: 1. The foregoing recitals are true and correct. 2. Simultaneously with the execution of this Agreement, Sponsor agrees to pay to the County the principal sum of Five thousand and 0/100 Dollars, payable in equal annual installments over a ten year period which indebtedness is evidenced by the Promissory Note of Sponsor (the "Note") in such sum, copy of said Note being attached hereto and made a part hereof as Exhibit "C". 3. COVENANTS OF SPONSOR. Sponsor does hereby warrant and represent that Sponsor has the authority to execute this Agreement. 4. COVENANTS OF COUNTY. In return for Sponsor's commitment, County agrees to: g: \atty\agreemnt\Garrison-sponsorship Page 1 of 3 '-" '...I One Announcement on P A System During Games Quarter Page Ad in the Centennial High School Program Advertising at All Events Web Page Promotion Stadium Building Block Advertisement 5. REMEDIES. The County may either at law or in equity, by suit, action, mandamus, or other proceedings, in any court of competent jurisdiction, protect and enforce any and all rights existing under the laws of the State of Florida, or granted and contained in this Agreement and the Note, and may enforce and compel the payment of all sums and the performance of all duties required by this instrument or by any applicable laws to be performed by the Sponsor or by any officer thereof. 6. MODIFICATION OR AMENDMENT. No material modification or amendment of this Agreement or of the Note may be made without the consent in writing of the County, provided, however, that no modification or amendment shall permit a change in the maturity of the Note, a reduction in the rate of interest thereon, or a reduction in the amount of the principal obligation thereof; nor shall any modification or amendment either affect the unconditional promise of the Sponsor to pay the principal of an interest on the Note, as the same shall become due. 7. SEVERABILITY OF INV AUD PROVISIONS. If any provision of this Agreement should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such provision shall be null and void and shall be deemed separate from the remaining provisions of, and in no way affect the validity of, all the other provisions of, and in no way affect the validity of, all the other provisions of this Agreement or of the Note issued hereunder. 8. DEUVERY OF NOTE. The proper officers of the Sponsor have been duly authorized to execute this Agreement and the Note and to sign on behalf of the Sponsor any and all documents necessary or desirable in connection with the delivery of this Agreement and of the Note. 9. SITUS. The Note and this Agreement shall be governed by the laws of the State of Florida. Venue of any litigation shall be in St. Lucie County. 10. BINDING COVENANTS. All representations, covenants and warranties in this Agreement or in the Note shall be binding upon Sponsor and its successors and assigns and shall inure to the benefit of the County, its successors, endorsees, transferees or assigns. g: \atty\agreemnt\Garrison-sponsorship Page 2 of 3 '-' ...,¡ 11. NOTICE. All notices, requests, demands or other communications provided for herein shall be in writing and shall be deemed to have been given upon posting in a United States Post Office, by registered or certified mail, return receipt requested, addressed to the party to whom such communication is to be given at its address as set forth at the head of this instrument, or to such other address as either party shall designate in writing in like manner. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers and their respective seals hereunto affixed the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: SPONSOR GARRISON FROHLICH & ASSOCIATES BY: 9: \atty\agreemnt\Garrison-sponsorship Page 3 of 3 '-' .; NOTE PRINCIPAL AMOUNT: DATE: Five Thousand Dollars April 1, 2000 KNOW ALL MEN BY THESE PRESENTS, that Garrison Frohlich & Associates ("Company"), for value received, promises to pay to St. Lucie County, or registered assigns, Five hundred dollars on May 1, of each year for a period of ten years beginning on May 1, 2000, payable by check or draft mailed to the Office of the St. Lucie County Finance Director, 2300 Virginia Avenue, Fort Pierce, Florida. The principal of this Note is payable in lawful money of the United States of America. WITNESSES: GARRISON FROHLICH & ASSOCIATES BY: EXHIBIT G: \A m\AGREEMNT\GARRISON-NOTE I /It If '-" ......, SPONSORSHIP AGREEMENT THIS SPONSORSHIP AGREEMENT made and entered into this day of ,2000, by and between Morgan, Stanley, Dean Witter, 1555 NW St. Lucie West Boulevard, Suite 101, Port St. Lucie, Florida 34986, hereinafter referred to as" Sponsor", and St. Lucie County, a political subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as "County". WIT N E SSE T H: WHEREAS, the County is proposing to construct a South County Regional Stadium (" Stadium") located adjacent to the St. Lucie County Sports Complex and is soliciting donations for private parties to help fund construction of the Stadium; and, WHEREAS, Sponsor desires by this Agreement to pledge to County the amount set out in the Agreement for use by the County in funding the stadium; and, WHEREAS, County desires to accept the pledge by Sponsor pursuant to this Agreement. NOW, THEREFORE, in consideration of the sum of Ten ($10.00) dollars and other good and valuable consideration paid by County to Sponsor, receipt of which is hereby acknowledged, and each of the covenants and conditions hereinafter set forth, each of which shall be deemed consideration for the other, it is agreed by and between County and Sponsor as follows: 1. The foregoing recitals are true and correct. 2. Simultaneously with the execution of this Agreement, Sponsor agrees to pay to the County the principal sum of Five thousand and 0/100 Dollars, payable in equal annual installments over a five year period which indebtedness is evidenced by the Promissory Note of Sponsor (the "Note") in such sum, copy of said Note being attached hereto and made a part hereof as Exhibit ..C". 3. COVENANTS OF SPONSOR. Sponsor does hereby warrant and represent that Sponsor has the authority to execute this Agreement. 4. agrees to: COVENANTS OF COUNTY. In return for Sponsor's commitment, County g: \atty\agreemnt \Morgan- sponsorship Page 1 of 3 '-' ...., Two Announcements on P A System During Games 4 x 8 Sign Major Sponsorship at a Selected Event Web Page Promotion 2 Seasonal Tickets to Events at the Stadium Hold Sponsorship Sign at a Leisure Services Golf Tournament 5. REMEDIES. The County may either at law or in equity, by suit, action, mandamus, or other proceedings, in any court of competent jurisdiction, protect and enforce any and all rights existing under the laws of the State of Florida, or granted and contained in this Agreement and the Note, and may enforce and compel the payment of all sums and the performance of all duties required by this instrument or by any applicable laws to be performed by the Sponsor or by any officer thereof. 6. MODIFICATION OR AMENDMENT. No material modification or amendment of this Agreement or of the Note may be made without the consent in writing of the County, provided, however, that no modification or amendment shall permit a change in the maturity of the Note, a reduction in the rate of interest thereon, or a reduction in the amount of the principal obligation thereof; nor shall any modification or amendment either affect the unconditional promise of the Sponsor to pay the principal of an interest on the Note, as the same shall become due. 7. SEVERABILITY OF INVALID PROVISIONS. If any provision of this Agreement should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such provision shall be null and void and shall be deemed separate from the remaining provisions of, and in no way affect the validity of, all the other provisions of, and in no way affect the validity of, all the other provisions of this Agreement or of the Note issued hereunder. 8. DELIVERY OF NOTE. The proper officers of the Sponsor have been duly authorized to execute this Agreement and the Note and to sign on behalf of the Sponsor any and all documents necessary or desirable in connection with the delivery of this Agreement and of the Note. 9. SITUS. The Note and this Agreement shall be governed by the laws of the State of Florida. Venue of any litigation shall be in St. Lucie County. g:\atty\agreemnt\Morgan- sponsorship Page 2 of 3 ~ ....., 10. BINDING COVENANTS. All representations, covenants and warranties in this Agreement or in the Note shall be binding upon Sponsor and its successors and assigns and shall inure to the benefit of the County, its successors, endorsees, transferees or assigns. 11. NOTICE. All notices, requests, demands or other communications provided for herein shall be in writing and shall be deemed. to have been given upon posting in a United States Post Office, by registered or certified mail, return receipt requested, addressed to the party to whom such communication is to be given at its address as set forth at the head of this instrument, or to such other address as either party shall designate in writing in like manner. IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their duly authorized officers and their respective seals hereunto affixed the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: SPONSOR MORGAN. STANLEY. DEAN WITTER BY: g:\atty\agreemnt\Morgcn- sponsorship Page 3 of 3 ~ ...., NOTE PRINCIPAL AMOUNT: DATE: Five Thousand Dollars April 1, 2000 KNOW ALL MEN BY THESE PRESENTS, that Morgan, Stanley, Dean Witter ("Company"), for value received, promises to pay to St. Lucie County, or registered assigns, One thousand dollars on May 1, of each year for a period of five years beginning on May 1, 2000, payable by check or draft mailed to the Office of the St. Lucie County Finance Director, 2300 Virginia Avenue, Fort Pierce, Florida. The principal of this Note is payable in lawful money of the United States of America. WITNESSES: MORGAN , STANLEY, DEAN WITTER BY: G: \A TTY\AGREEMNT\MORGAN-NOTE I EXHIBIT lit tt '-' ., SPONSORSHIP AGREEMENT THIS SPONSORSHIP AGREEMENT made and entered into this day of , 2000, by and between Florida Power and Light, hereinafter referred to as "Sponsor", and St. Lucie County, a political subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as "County". WIT N E SSE T H: WHEREAS, the County is proposing to construct a South County Regional Stadium ("Stadium") located adjacent to the St. Lucie County Sports Complex and is soliciting donations for private parties to help fund construction of the Stadium; and, WHEREAS, Sponsor will be entitled to receive recognition as set forth herein; and WHEREAS, Sponsor desires by this Agreement to pledge to County the amount set out in the Agreement for use by the County in funding the stadium; and, WHEREAS, County desires to accept the pledge by Sponsor pursuant to this Agreement. NOW, THEREFORE, in consideration of the sum of Ten ($10.00) dollars and other good and valuable consideration paid by County to Sponsor, receipt of which is hereby acknowledged, and each of the covenants and conditions hereinafter set forth, each of which shall be deemed consideration for the other, it is agreed by and between County and Sponsor as follows: 1. The foregoing recitals are true and correct. 2. Simultaneously with the execution of this Agreement, Sponsor agrees to pay to the County the principal sum of five hundred and 0/100 Dollars, which indebtedness is evidenced by the Promissory Note of Sponsor (the "Note") in such sum, copy of said Note being attached hereto and made a part hereof as Exhibit "C". 3. COVENANTS OF SPONSOR. Sponsor does hereby warrant and represent that Sponsor has the authority to execute this Agreement. PagC!11of :3 '-" ....., 4. COVENANTS OF COUNTY. In return for Sponsor's commitment, County agrees: One Announcement on PA System During Games Quarter Page Ad in the Centennial High School Program Advertising at All Events Web Page Promotion Stadium Building Block Advertisement 5. REMEDIES. The County may either at law or in equity, by suit, action, mandamus, or other proceedings, in any court of competent jurisdiction, protect and enforce any and all rights existing under the laws of the State of Florida, or granted and contained in this Agreement and the Note, and may enforce and compel the payment of all sums and the performance of all duties required by this instrument or by any applicable laws to be performed by the Sponsor or by any officer thereof. 6. MODIFICATION OR AMENDMENT. No material modification or amendment of this Agreement or of the Note may be made without the consent in writing of the County. 7. SEVERABILITY OF INVALID PROVISIONS. If any provision of this Agreement should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such provision shall be null and void and shall be deemed separate from the remaining provisions of, and in no way affect the validity of, all the other provisions of, and in no way affect the validity of, all the other provisions of this Agreement or of the Note issued hereunder. 8. DELIVERY OF NOTE. The proper officers of the Sponsor have been duly authorized to execute this Agreement and the Note and to sign on behalf of the Sponsor any and all documents necessary or desirable in connection with the delivery of this Agreement and of the Note. 9. SITUS. The Note and this Agreement shall be governed by the laws of the State of Florida. Venue of any litigation shall be in St. Lucie County. 10. BINDING COVENANTS. All representations, covenants and warranties in this Agreement or in the Note shall be binding upon Sponsor and its successors and assigns and shall inure to the benefit of the County, its successors, endorsees, transferees or assigns. Page 2 of :3 '-" ,..., 11. NOTICE. All notices, requests, demands or other communications provided for herein shall be in writing and shall be deemed to have been given upon posting in a United States Post Office, by registered or certified mail, return receipt requested, addressed to the party to whom such communication is to be given at its address as set forth at the head of this instrument, or to such other address as either party shall designate in writing in like manner. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers and their respective seals hereunto affixed the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Florida Power & Light BY: G:\A T1Y\AGREEMN1\FPLwpd Page :3 of :3 '-' ...." NOTE PRINCIPAL AMOUNT: Five Hundred Dollars DATE: April 1, 2000 KNOW ALL MEN BY THESE PRESENTS, that Florida Power & Light Company rCompany"), for value received, promises to pay to St. Lucie County, or registered assigns, Five hundred dollars on May 1, 2000, payable by check or draft mailed to the Office of the St. Lucie County Finance Director, 2300 Virginia Avenue, Fort Pierce, Florida. The principal of this Note is payable in lawful money of the United States of America. FLORIDA POWER & LIGHT COMPANY WITNESSES: BY: EXHIBIT , t, G /I G:\A TiY\AGREEMNT\FPL-NOTE , ~ 'wt AGENDA REQUEST ...,¡ ITEM NO. C 2-B DATE: April 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Leeds Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Acceptance of Edlund & Dritenbas' first $500 corporate sponsorship installment per their Sponsorship Agreement. BACKGROUND: As part of the ongoing effort to obtain funding for the South County Regional Stadium, corporate sponsorship packages have been offered. FUNDS AVAIL.: Funds will be available through account # 001-7516-599330-79502 (Project Reserves) PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board approve acceptance of Edlund & Dritenbas' first year $500 Corporate Sponsorship installment, approve Budget Resolution # 00-085. and that the Chairman sign the letter of appreciation. Ie] APPROVED [] DENIED [ ] OTHER: --' COMMISSION ACTION: D g nderson County Administrator ~.. County Attorney: f/<1 Originating Dept: ~ Purchasing Mgr.: Other: Other: Finance: (Check for Copy only, If Applicable) Eff. 1/97 H:\WP\Driten accep $.wpd ~ W' """'" RESOLUTION NO. 00-85 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 Edlund & Dritenbas for a corporate sponsorship for the South County Regional Stadium. WHEREAS, Section 129.06 (d), Florida Statutes, requirès 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 25 th day of April, 2000, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-00, and the County's budget is hereby amended as follows: REVENUES 001-7516-366900-79502 Donations $500 APPROPRIATIONS 001-7516-599330-79502 Reserves $500 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn Commissioner Frannie Hutchinson Commissioner Paula A Lewis Commissioner Cliff Barnes Commissioner Doug Coward xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 25TH DAY OF APRIL, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY .... ~ ~ o :r ø (') " 5' ee o ;::t: ... C t/I OJ C/J "0 o :J t/I o ëiI :r -e" õ' ... -I o C/J C/J 0101 ~~ m men OO~ OOr 005 ;;!. ;;!.(i)" .., .., -. -'0 C" C" 0 C C !:!: ct: C o 0 ::1 ~~~ :!! ::1 II) ::1 (') CD º (; ~ en en'" "0""0 o 0 ::1 ::1 (f (f o 0 (j1 (j1 :r :r -6'-6' õ'õ' .., .., -1-4 00 en en en en 8 8 NN ~~ I\) 88 w I\) :::.. o ~ o - N o 8 ~ C r- c: Z C RO C = :::¡ "., z = :Þ CI') :Þ = n :c :::¡ "., n -t Y' -g ?=- ...,; ""it o o ru ¡,µ ru r ""it - .. o [J"1 -.J o .... ¡,µ OJ ¡,µ [J"1 - . . .... o o -.J .... -.J o ""it 3: m 3: o -n"'en O~~ ;::¡'Sr ""0 c -. ~ (') CD ,;;:,_. aca ø CD -. 0 - 2.0 -nmc - ::1 g.~~ Q,CD" II) ::1 _. WC::1 ACDI» to ::1 C» (') N CD C ;- n- o .., . -n ~. :I: c ::1 a. (; a. II) ::1 a. o Q ~ o o .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. en ~ r c (') ãr o o c ::1 ~ " :r II) ::1 (') CD a ;' å- .., I O-l~ :DO- 0-1 m:I: :Dm o -n III 'I' <ell mOl m ~~ c -m~Þr- ~fj~DC -:I:'- nz '" - 3: î;?Jë3¡C fd~~-4Ø 00- m »cnnc ~S ~D eIIm _ co. -4 'Um .z Þm ·Þ rn 01 'fJ ... w 00 w ..... 01 .... o < fTI ::c- o::! m-.j fTI-c- »z_ 00- :r:-à - » c ..,Ztf '-::Ca: 0<:» æ,.,z O::C,. »m w< œo 01' o y § 8 o ~ § " c.. " .t · 1- ._.'" .,.;.;. ,-.. '-' ...." BOARD OF COUNTY COMMISSIONERS JOHN D. BRUHN COMMISSIONER April 25, 2000 Mr. Paul Dritenbas Edlund & Dritenbas Architects, P .A. 65 Royal Palm Point. Suite D Vero Beach, FL 32960 Dear Mr. Dritenbas: On behalf of the St. Lucie County Board of County Commissioners and the Leisure Services Department, I would like to extend our warmest appreciation for your total $5000 South County Regional Football/Soccer Stadium corporate sponsorship which will be received by the County over a period of ten years. Edlund & Dritenbas' involvement and support exemplifies the commitment needed for the completion of the stadium and its dedication to the citizens of St. Lucie County. s: ce elY~ ØJ~ hn D. Bruhn, Chairman oard of County Commissioners JOHN D. ßRUHN. Disttict No.1. DOUG COWARD. Disttict No.2. PAULA A. LEWIS. District No.3· FRANNIE HUTCHINSON. District No.4· CLIFF ßARNES. District No.5 County Administrotor - Douglos M. Anderson 2JOOVirginioAvenue. Fort Pierce, FLJ4982-5652 . (561)462-1410 · FAX (561) 462-2131 · TDD(561)462-1428 SUN COM 259-1406 .------' ~ ....,¡ AGENDA REQUEST ITEM NO. ~ DATE: 4/25/00 REGULAR [] PUBLIC HEARING [ CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Leisure Services Mike Leeds SUBJECT: Permission to advertise- Request for Proposals to enter into a lease agreement to operate concessions at the Fairwinds Golf Course. BACKGROUND: On March 28, 2000, the Board approved extension of the agreement with Charlie's Country Inc. dba The Country Store to operate the restaurant at the Fairwinds Golf Course through November 1, 2000. As a result, the Leisure Services Department is requesting permission to advertise a Request for Proposal for a vendor to operate the restaurant under contract. FUNDS AVAILABLE: N/A RECOMMENDATION: Staff requests permission to advertise a Request for Proposal to enter into a lease agreement to operate concessions at the Fairwinds Golf Course. [ X] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: C~ty Atto=oy, (J4, .. . D 7lffJ./ Or~g~nat~ng ept. Review and Approvals Management & Budget Purchasing: cØ Other: Other: Finance: (Check for Copy only, if applicable)___ ... ,. ,/ '-" ...",; BID, RFP & RFQ REQUEST FORM This form must be filled out and attached to the technical specifications or scope of work supplied by the requesting department. Any missing information may delay the bidding process. The technical specification or scope of work must be sent to the Purchasing Department in a data file in WordPerfect format. Project Name and Description Request for Proposal to enter into a lease agreement to operate concessions at the Fairwinds Golf Course. Requesting Department _Leisure Services Project Manager or Contact Person _Tim Coolican Phone Number 462-2708 Fax _ 462-3589 Date Submitted _April 19, 2000 Requested Bid Opening Date _June 7, 2000 (If the funding for this bid was specifically approved in the budget allow two weeks for advertisement. If permission to advertise is required allow 3-4 weeks. Bids less than $500,000 require a minimum of 21 days from advertisement to opening and bids in excess of $500,000 require a minimum of 30 days.) Insurance and bond information. BONDS A. Yes 0 No x 5% Bid Security B. Yes 0 No x 100% Maintenance Bond years C. Yes 0 No x 100% Public Construction Bond (This requirement may be waived by the County Administrator if the project is less than $200,000, attach memo confirming waiver.) INSURANCE The following are the standard limits for County projects. Any request to deviate from these limits must be submitted in writing to the Risk Manager. The submittal must contain a description of the project and reason for the deviation. A. Yes x No o Worker's Compensation $1,000,000 by accident - each accident $1,000,000 by disease - each employee $1,000,000 by disease - policy limit B. Yes x No o Commercial General Liability $1,000,000 per occurrence $3,000,000 per job aggregate REV 10122198 1 of 2 / .';;'. C. Yes x '-" No 0 X$300,OOO o D. Yes No x E. Yes x No 0 F. Yes 0 No 0 Pre-bid meeting Yes x NoD """"" Commercial Auto Liability Combined Single Limit, Bodily Injury/Property Damage $1,000,000 o $3,000,000 Builder's Risk (all risks for the total construction cost of the project) Professional Liability $1,000,000 aggregate Other Best time and day of week _Wednesday morning Mandatory Yes x No D Place _Fairwinds Golf Course Bid form information (unit pricing, break-out pricing, etc.) attach additional sheet if necessary Approval Budget item request # Board Approval Date Fund- Special requests or Instructions: REV 10J22198 2of2 \ ~ ...,. AGENDA REQUEST ""'" ITEM NO. C-2 D DATE: April 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] REVISED CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Leeds Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Funding for bleachers for South County Regional Stadium. BACKGROUND: During discussions of the new South County Regional Stadium, part of the construction costs included elevated bleachers with a seating capacity of 1,000. FUNDS AVAIL: Zone B Park Impact Fees $116,000 Funds are available in Account No. 310002-7210-563000-79502. PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board approve funding of the bleachers for the South County Regional Stadium using Zone B Park Impact Fees. COMMISSION ACTION: ({] APPROVED [] DENIED [ ] OTHER: County Attorney: Originating Dept: P/tL Finance: (Check for Copy only, if Applicable) Coordination/Sianatures Mgt. & BUdget~ Purchasing Mgr.: Other: Other: Eft. 1/97 H,'Agenda Req Stadium Bleachers.wpd '-" ""'" Department of Leisure Services MEMORANDUM To: Board of County Commissioners From: Mike Leeds, Leisure Services Directorlf¡Þ(/ Date: April 21, 2000 Subject: Funding for South County Stadium Bleachers ********************************************************************************* Please be advised that if we receive any new funding toward the South County Stadium project, we will be able to reimburse the zone B Park Impact Fee account up to the requested amount. ~ .."" PARKS IMPACT FEES as of February 24, 2000 Park A - Ft. Pierce Beginning Balance Revenues Expenses * Indian River Lagoon Bike Path * Inlet Boat Launch * Pop Wamer Storage * Stewart Sand Mine * Ancient Oaks(FCT) * Equestrian Arena Ancient Oaks(4.88 acres) Ending Balance Park B - Port St. Lucie Beginning Balance Revenues Expenses * Children's Environ. * South Sports Complex South County Regional Stadium Ending Balance 2000 Year to date 2000 Proj ected $507,806 $117.277 $625,083 $507,806 $227.887 $735,693 $ 50,000 $ 30,000 $ 30,000 $132,000 $ 60,000 $108,000 $ 50,000 $ 30,000 $ 30,000 $132,000 $ 60,000 $108,000 $140.000 $550,000 $410,000 $215,083 $185,693 $688,010 $688,010 .$135.868 .$264.529 $823,878 $952,539 $292,610 $292,610 $400,000 $400,000 $116.000 $692,610 $808,610 $131,268 $ 143,929 Projected - is the estimate of anticipated revenue by the end of our fiscal budget year. '-_' ,JII:;;II:;; FAX ~O. : 904532ge87 - -- - '(,c;S/NCO FLORIDA, IN.J South Florida Office 114 N. W, 1ogt1' Ave. #3øe Pembroke Pines, FL 33026 TEL. 308-'32-9847/904-801-3306 FAX 954447-5281 /904-532-9087 Apr. 14 200Ø 08:57AM Pl Fax To: Michael Leeds From: Eric Taulbee _.~ F.x: 561-462-1940 Datec April 14, 2000 Pltonea 561-462-1512 Pag... Re: Outdoor Bleachers cc: Urgent )( For Review P'8IIM Comment ,..... Ropoly - Please Recyclo ~omme....; ~er Olr conversation on Tuesday, Aptil11th, and in orner to meet Sl Lucie County time requirements for these bJe4Ichers, we have started the order pt'OCess. After reviewing the Seat count, space required, all AOA reQuirements and budget, we have started deSign á the following: 1, Þermanent Grandstand 2. Approximately 950 to 1000 seats 3. Standard design With 8" rise and 24" tread 4. Fun Deck 5. A8 ADA Seating Requirements and Ramps 6. Per Current Codes 7. AI Aluminum Seating 8. Hot Dipped Galvanized Steel Understructure These drawing should be competed next week and sent to you immediately fer review and approval. The ptice will not include the following; 1. Permits 2 Bonds 3. Site Wortc or Gradir..g 4. No Utility Locating or Moving Again, beC8lJSe of the fast track nature oftNs projed, we have requested SolJthem Bleacher to fly one oftheir engineers in next week to review all aspects of this project. VVe Wi. COntact you after these flight Så1edule$ are CO.,firmed. We are CUlT9ntly working to send you a break down of the prici~ and all required paperwork: to purchase these bleache~ 0", the SNAPS Program. (State Negotiated Agreement Price Schedule). ,g......JO~ Page 2 of 2 FAX NO. 904532ge87 Apr. 14 200Ø 08:58AM P2 '-' ...., We are projecting the total installed pñce to be $115,4SO.00 (approxjmately). If you have any questions, please calf me at (904) 801-3306 or fax QUestions to (904) 532-9087. We look bwaro to working With ~ and completing ttÍ$ project by September 1, 2000. 4 Fl.ORlDA'S LARGEST PROVIDER OF INDOOR. OUTDooR SEA77NG &ATHI..ETIC EQUIPMENT ExeIl4ive dØtr;~ for Huuey Sating Co. I Southem Blachw Co. I Pwtr AthI«ic £quipment Co. r ~un . I .aL.II t>e~ FAX NO. : 9045329087 A?r. 20 2øeø 12:46PM Pi :':;ESINCO FLORIDA, IÇ. South Florida Office 114 N. w: 109'" Ave. #306 Pembroke Pin., FL 33026 TEL. 305-832-9847/904-801--3306 FAX g54-447-52B119tU-532-9087 Fax To: Michael Leeds From: Ene Taulbee F.x: 561-462.1~ PlIo... 561-462-1512 o.teI April 20, 2000 '---= 8 ROI Stadium Seati1g CCI u..... X For Review ,..... c...... ,..... bply ,..... R_~I. COl1lm...... I wanted to get this irtormation to you and see jf a decision had been made. We are losing days quicldy as we just received orders for two other ~oj8ås in South Florfda which also have to be ¡nsfaled prior to fO«ba!I season opening on September 1-. They have their orders in and drawings have been started, 8S you can see, I already have started eve/)1tling on this project but I need something from you so I can make sure everything happens on time. As I stated in my conversations witn you, we ~n be completed by 9-1-00 but we have to have an official order in and you sign off (or 8PPf'O',18) our drawings. TMse drawing must be returned prior to anything cOmmencing or any timê lines starting. Please let me know how to proceed. I look forwatd to hearing from you. You may reach me at (904) 801-3306 or fax any c:orresponde~ to me at (904) 532-9087. FLORJDA'S LARGEST PROVIDER OF INDOOR M OUTDOOR SEA77NG & ATHLETIC ~QVIPMENT E}(c/u$ive dJstributx:Jrs for Hussey SNtIng Co. I SouttJ.m SM.c:her Co. I Pomv AthIWic Equipment Co. I"" r-.:Uf'l I at.! I .bee FAX NO. 9ø45329aS7 Apr. 20 20ØØ 12:S0PM PS ~ ,.., Quote Form WESINCOIFLORIDA INC. P.O. DRAWER 3579 DELAND, FL. 32723-3579 PH. (904) 734..5235 FAX (904) 734-0025 TO: Michael Leeds PROJECT: Pon St. Lucie Outdoor Bleachers DA TE; April J 8, 2000 QUOTE NO: 01020 Wesinco/Florida is pleased to provide pricing for the tollowing materials: DESCRIPTION PRICE (]) OTIc. Permanent Grandstand rtlanuf¿ ctllred by Soutbern Bleacher Company. This b>Tandstand is Ola standard design with 8" Rise and 24" Tre.1d. It is a flIU Deck System with all requiled ADA scaÛ1l!!: illcluding front and side ramps. The currel1t llunlbcr of ro"''S is 12 wid1 4 aisles. There arc 1084 Gross seats wi!.b 921 IIct scals. including wheelchair spaces, ~1ivered and InstaUed..... ... '" ..,........... ....................., .... ..$IJ5,4~O.OO -TIJis price included aU concrete structural work. h docs not. include any utihty J()Ç(!fion 01' relocating site work or bonds or permits. ·If n additiQnal seats <lie desired, plca..o¡e add.,................."......,." ,,$4,000.00 'These seats can be purchased under the FJorid.1 SNAPS Program This Ptlfc}1<tsing Nu!Ubet' is !W51 g24-1 -'f September It %000 were required roC' completion, we "ft'ouJd aeed a !liWJed PU1"Chasc Order, Letter Of II1te..t. Or this proposal sigocd and f¡¡xed to us No later than Monday, April %2. 2000. SPECIAL NOTES: 1) This price is good for 60 days. ACCEPTED BY: NAME: WESINCO/FLORIDA NC. ~~ TlTLE: FlQRIDA 'S I.ARCiEfT /'ROI>1/J£R OF INlJOOR. - OUTDOOR l./:.1 TlNO &,t THlETlC EQUIPMENT ExcllUÍv~ dimihuJor for HlIssq Seating C.o./ Southf!1'll Bkúçhrsr Co. I Pon(! ' AtJrletic E'ltUpnum/ "0. FROM: Tal..Albee Apr-ll··OO OS:11A F~X NO. 9045329087 Apr. 20 20Ø0 12:49PM P7 \.0; """" P.oe . Wë8INCO ".O·~"~~9 "0 ~I WOIld/.1f11 IMI.. ~.". .~/ f¡ ~ FIoI.w ~1v:m. l?o.I1i4.62n FAIt ('j( '" 1)"00>5 SWAPS II S:rATB -8GO'tu,I'ED ~ P.RICB SCHl!DOLI ÞFBC'L'IVB 03/01/00. PJUCIJfG 11ICLUDJlS IfM'BlUAL. "1'. , 111S1'. PRICB SCHlDULE POa ALUIIDlmI _œ S'l'YLI OtlToooR STADIUJI SBATIHG AS PBR SPBcIFIC CllDJIRS'1'RUCTCJœ '1'!'~X: ANØLB ~ LBG 'JIRrJ~.g HORU1DlJl1t.A..L BIULV $135.00 P8a SBA~. $165.00 PBR SlAT $190.00 PER 8ZA~ POR ALtlJaNtJJI BAC1OtBS'rs ADD '1'0 THI: ABOVE PRICIlfC $45. 00 PER GROSS SKAT FOR BITHER OJ' TR8 SV'8'l'BIIS. FOR ALt1JaJfCJI CIIA~ SIIA'1'S ADD TO TIlE ABOVE PRICINC $~15.00 PER BBl.'!' 1"OR An OJ" THB ÀSOVI: 8Y8'lBllS. FOR PRBSSBODS ADD $450.00 I'D SOtlARS FOOT POR SOUTIIKRtl R"(,8ACHER CO. S-rAJlDlùU) I'RUSBOXBS IJrST.A. T Y W!n. R8SPOBSIBI~'1'Y J'OR LOAD B~¡"ç WDBRSTRQO'1'UUS 'I!O ACCCIIODATR PQSSBOXBs IS BY OTHERs. NOR - SOIL TBS'1'II"ç , OOIfClU'l"B M)U IS DCWPW. APPLIC!AJI~ OOARr!l'Y DISCOUll'l'lZ 0-500 GROSS S2A~S - a' DISWUJrr. &00-1000 CROSS IBATS - 7. ÐISOOURT. 1000·1500 GROSS SBAr.s = .. ~%SCOu.T. 1500-2000 GROSS S~fS - .. DI~. ova 2000 GROSS 81M'S - 15t D%ICOu.r. 1 caoss SBA'1' II: 1'-. ~'p{f¿ CHRI:s a SALES lfAJlACa WBSI.œ Pr.OJuDA¡nrc. t-ROM : Taulbee Apr-ll-OO OB:IOA FAX NO. 9045329087 Apr. 20 2ØØ0 12:49PM P6 Þ.03 I Cltftlfy 1h;¡llhis agre,ment i¡ mi!lde WIthout prior U"del'!l,ndì"S1. or connectJon With an'y lõC3rporatlon. firm. Or p."gn subrliÎl- ling a proposal r':IT the slime mltør:als. sUþplles cr ~Il pmlr'll. anCf i. in .11 r9$p~ faf/end W!ItIOUI cOlluSion or fralJd, I flgree ~ a¡"Cfo by ail ecndillon$ of this propose I .nd cerUI) Û'lallam eUlhorized to Slg" 11'111 propo~1 for :he prgposer enlj Chat Iht propo.!er is in compliance With all requirement.. including but not limited to c::ertlf1r;lItion "'Q\JirflmOZ'lts. In SUbmitting '" pro. posal, t". prOposer offer¡ 4nd agrees tNllf"'e proplHIl is IOcoptlld, ~ propo.r wJ J ç:env~)', $III. as5fgn or tr~n,fer to the State of Florida ell ,IgnIs, I/U~ Hno Intfre$t In ana to all causes of actiO" IIINI)' "lOW or ""'.afrtt aCC Uir8 ~8r the AntHtLr.>! Law, of 1M- Uni&ecj States Md th. State of Florid. tor ¡;¡rice tixìn; r¡p; ðling to the panicu).,r c:ornmOOItlM or servke¡ purC~flc.C or .eql4ired by It'le SUlle of FloridlJ. A! !tie $Clttes discr.llon, lueh Qssion"..rIt !hall be med..nd bec"rn~ effective IJt Ihl! limt¡ the putehuln9 a¡¡lncy lr.t1g.,rs "nol payrnl"'t 10 Ihe pfO :OStl. '-' .."",., Certification and Signature page f.. no.; (Please Type or Pmll) Name of cOtn :leny: ~' esÍl1co nor.ida Inc. Åddress: P.O. Sex 3579 DeT.æx1. 1:'I. P"OI'I.; _. .....___._.904-73"-3235 904-734-0025 ..-., " 10'59101317 32721 ......--- SØUI'S 1'10.' AI./Ihonzed Signature (Manual) AuthoI'Ized $ignewr. (Typed) " TI(Je: ~le$ /'o an...9St' D4te: _.2/t¿oa J have r.ad and eompJetecf &hi. ~.", encl aues' Ih.C .1( of the irlfOrn1elion i. Ie the best 0' "'y knOWledge true and a~r.I.. ~; 1-!_ -.- ---...- Author'Zt.:! Sig/'lllure ~£~'-_o~ D(I!e PUR " ~ (R9V~ 1 1/191 9 gf 51 ~ROM : Taulbee Apr-ll-OO Gat lOA 00 I1t&3A FAX NO. 913453292187 Apr. 2e 20eø 12:48PM P5 \..f P.02 .....1 F> . 0 2 '!rdars should be ciireaeG U ; ·~"~or: ,....w= ,,1œiaa !ne. ;:Sq:Jq~I/I,1"'IJ() I .t"OClr "umber: ...... SUUI aOClrlU cr P.O, Sex. Ciry, $IB'~. Zit' TellpllON. ...~ TOil tr.t no.; ~ Q -.,., .J-§,' 0 . "'-1.a"1d. Flœ1& 32721 -?04-IJG-~2.1!!! 800-491-7835 904-'34-0025 Er.\zùl AAArð~S: ~7&s1neo~tcgn. QCr:\ Ord,rinii fIll ncI.: Weœ:1e eddreu: D.Ii"IITY: Del ¡1I(:(1 W¡)II)<t made wllhl" 150 daYJ alt8r receipl or ¡;Iwrcl'las. otder, Yet''''': ~.t: ~O d.1vs 2.. '" Net: 1 0 0a~5 PrOduot ínforma.ioh: OirlHt inquiry t.a: Name ane ¡jue: _Chris !.Z@l] 1/b1es ~hNIaar Acidr.ss: P.o. ~ ~I;'?O Clly. $(",. 2'':': ~r~~ ~'M~i~ J27~1 TC!I!!p~I"I': I n¿-1'~_~"~':; Toll ".. "0; 1!I'II'I-..SQ1 _'N'~ Il1tf''''tlljddr"s .,,,,.11 ac1d,..,: L 1'-=i~~+~t,.'II' L'YP D..,riptJon of preduct/ MIVI. offered: Indoor JCM~~.LS+aA'Íum Bl~c:hUS tasl"ll"l,," loJl.ul"~rcr lno't !'m~:~.; .b~1 ~'" "~"Mr ¡kYrl ~l'Jþ ~~le cw '¡1~'Ív~l .lut!s¡ ,~i~incr r.cdulSlS. -.. , C>J't4oor BJ.uchl:n are tœN.shed .in 1\l\rÙ."1\m\ Be:\oh St.yle 4.~ h.3ve 3 ëi:!flU'elIt Q"~.. of UJ'Id~~ .. !ollOti?s: ~a !"r~ to::: ~.Ah.'@ O~ lJ.lÙrt:.- ~i~n" .,J.to""!II. T ~ ~!C!l 1:ð't.: nedi~ -...-t, 5V'S'te:w , Hœ1acnta¡' ~ ~ ~Þa "...~ t't."ttV ' ....r ~7U1Q'jþrui. PJllet'l tn:!~t%U1::t:u....... style is ønc~ .,!tV....,..Atl!Þ"t. ~th ~ , aztc3o:I:- IY.~ 1'I3V8 ehai1'œd. &eats ~ an ~t;~ to"œ fìQunted on the syS'tlr\\ ~ 9'fOJPS or ll"dl vido.Jal ..ts. ~ ...~ Will "". u ,fie Sl~t" of ~I~ Q' Vit. pur''''..ln9 cere (Marchant ~43013JCl023!j2S1S7) - .- Will 1'101 '~!:.pl ~hll S~I. of 'Io~id~ Visa :'UfCha;¡ng card B or 9 FROM : Taulbee Apr-ll-OO 08:10A FAX NO. 9045329087 Apr. 20 200Ø :2:47PM P4 P.Ol '-' ....,; .SNAPS II "T " . ,J' 1,1. I ,\ ". :~. · To be çomplet.d by the V4lndor · SNAPS II Title: S~~=~ Ltwi 01\, Period r~ ·:'¡'¡¡'U--Ç¡tt... ~ ~p()ðj Le~ ~Period . .. _. -.:.. . . Lev.1 Thr.. P.rÌQd leval Four '-,¡od · Federol Employment ldentifiçat!on Qr S.S. Numbt:lr 5g..2961112 · V~clQr Name WES'tN:.'Q FLOHIM INC. · Vtndor Mailing .Address P.o. Bale 3579 · City ~.and. · Sra,. Flor ida · Zip 32721 · Te¡.~hQl'18 Number 901-734-5235 . TcI!·ff'M Numb. aOO-Q~1"1835 'l"'tlrMt Add~..s . :', ...'. . · f·moU .Add",. ~1neo@t:otcnn.c:aa · A!fJ<J to be Served ~!'.n... nt: 'II' I~~~r'. ..to l~r,.1III 0 fo)t Number ~4-73i-00211i . Wel'l'o.''\1y one ye~ m ~ ~leac~t":I, Five years on indOOr baachers. ~~..;".. ,;,~;~ .." r:' "\J -; ,_ J, ;:"':1":.. 1~'J'n ·P. ." 1:: .' · SPURS No.£.. 59~ f1i, J I iJ. -00 I ~. PUR'OSl: Under QI.IthQl'"ity of S.ctIC/'l 287.042t1 Jla) gnd 12Ko), #Ie ,ourpo$. of thi~ prgpo3cl i~ to estobli$h Q negoti- CIted ag~eelhf nt ter commodities or servic:e. thcJt C"I"IOI CNadCl'oI. m a S~. Term Centroà, The ogr..menl wUI provide Stgt, P",rçhcui"9 on 0pp.ctt,Jnity.to evollJC1!e, asse" and determine the Mld,b.".~t c:rd value of commcditie3 cr l8r-vic.., ond ,¡.,. f.osiblli1y of .,\Qb!iahíng wI. term œnlracb, ihr~gh tf,. CQm WitivI:: prOC;4Sn. 1h. Q~reen'lent will ~.. .ligibi' lJ"r~ from the r.-c.uily of obtain:n; CQmp.titi.,. quotation6 for C $ir-gl. p"reho¡ø of commoditi../StrvÍ<:.s totgl~ les~ then Ccregory II. Th. as,..mWlt do.. 1\QI .~~, ,Iigibie user. from the competitív. biddll'lÚ prOC:lK$e~ d.serlb.d in sedign 287.F-5. fo¡o eomrnodl1ia/seNiel. avr the amQUI'II of CO"'iory U. E!í$ibl. u..r, ore .t:;Ilit 0$8I'1ci." Fed..-ol CI;.nci.., cauntie;, municrpolitih, Qr'!d jnsfituliol'lS C 'Jolilied pvrwon' Ie: ~40.605, FS.; private non-profil çgmmun11)' Ir~ntpoftQric;m ,ocrdinamrs cOI'Iduc6ng bUIm..1 reioled sole!y 10 the Corn", i~.¡on fQr the TrQnsF'Orio~on O¡"'M"togec:l queliFitKI P\lrWQnt 10 427 F.5. 2. ~ '$jgblimlunt oIl~jl cagreement doe. nol co",1ÌMe on endorumenl aF the þroduds er aervì<:e$ by $lot. Puf"thc¡si~. a. INAI'S II ~rae1Mnta are not exdusi'oltl Clnd oltl,r vendor~ mcy offer .imiler proclvd$ ond ~.rvices. Uscg. tlF !NAPS II by stat. o¡ptncies i. f1g' mandatory. VerIc/o,. QI"II;/ CI¡e"~'~ \lsin& SNAPS II have ether purchG.i~ alleri'd;..... Clvailoble. Th... p~ing Clhmati..... ore d.~ned it'l CioIopt9r ~87.F.S. 4. OKÞIItING UMITS: Statt, ~~¡.. m;ay iuue .ir¡gl. ~rcncae orders \,IF> 1IC ço!'eigry II. end totol cumulatively IJp tQ CATEGORY rv in on ogreement )«Sf- Totol Qg.ncy-wid. CJcqvi.ition$ dwring the 9Qch y~r ot the opmenr ~! nol ,xc...d the "ucihold Oll'lðunt for CCI'-gory tV, except th(ll ct:qvi sitiQns by oglll"lCies with de<:.entrCJli J:~ p",rchosi n9 ~l'\eliel'U snell be ecn~idered 01'\ the bQs:~ of each p;¡I'("'a~ offigr fug~ maitdàìn. hin·lim. p"'rcha~ng s gff. t. PRICES, TERMS ANÞ 'AYMINT. Firm prm , ,cll be off-od and in..l",de 011 pc::çki"9. handling, ship?ina r;:'-Icrges ond deli".')' 1.1,,1,., oth,rwiae indicat.d. Th. vene/ef! nOIM Qnd Clde/res. ~ on invoices ml, ~~ be ¡d."ticcllo th! v."dor'~ nçm. and Clddreu on the purthcue grOtr. (Q) TQq.: Tho State (¡If Florida dOft nQt poy FederG' ~iie and So.. taxe. OR direetupvrçh~a.s of ta.'\gible per~cn::J1 pro",rty. See tcøc uømptÍCIn nlMYl~' On Face of pureko" order or agreement form. This 'x.mptig" doea no' Clppl)' to ~UI'¢h( 'e$ Q~ tangible personal prap.rty in :h. per!t,¡rmof"clt of agreements ~ th. impP'OYemcr-.t ollfgt"owned r801 ¡:¡ro¡;lèr'ty en cI.¡¡"td in Chap'''' 1 92, Fforíclo SlaM.¡. bllnvøicing ond Pgyménl: The v9ndor ~II be pgid upon wbmíuion o~ properly c.rtifi.d inVQicea to th. p"(~¡'Cllltr ø! loF9 FRCI'1 : Taulbee FAX NO. 9045329087 '-' Apr. 20 aø00 12:47PM P3 ...,,¿ CMŒS/1NþW ~ 'J$.u¡o,; _.C/_'I~~ eifrT -- i : '-.C r II J~r--¡¡ I .~ , !~ ~ I I ,I I.. . ~ :+~._-~-~ ¡ ';1 III ' I ~ I I I I'i r I I' Ii! .~ f ! I ~ ~ i I I I ! ~ tll i I:;t".~ @ ~ --H ! ! II I I I § I ' ~ t ¡ ¡: e¡ I~ ~---~~ ' I tl II II i i i I i I I I I I ' !I ~¡., I I : i" \!=~ !¡ ~ IIIII I! . :-¡--+.! ' ~ìi I , II II ¡ I ~I ¡, 'f I 8 If I ~S~ ..; :!I ~-:!=:í:-- .o-.oi ~; ~ I _.. ' Ej~---h ; :J I .. I I I I 111 ~ I I ,¡ I '~I ~ ,I I I u__ -(r.¡ , I ; I I I:: ~ j, Li .~ ,L..e-.--- I ~ 1lL ' ,¡ I I r . ....;~-'-'''''"---',j : -~...~ 1 C""_---=. ~_- -.;.;-~ ....J "¡~ 1- _ . _ _ . _ .._ _ ..~ .D-. It :z! £/1: _DVd ç¡69'¿StoSl~aIO, ,"'t"9,,_, .___ .. FRC1'1 : TaL!lbee -:".'~. : -:- :~ f\, : '=-d;,:~' .., ."1 lit Iõ FAX NO. : 9045329087 Apr. 20 2e00 12:46PM P2 . .. . _ . _ _ _ . I 1\01 w ¿,/ ~ '-' .' ,0" .1'-1'.. I' ~ ~:r ~~ ..... I ¡ @'>t ~ n____nuo ,. I' "\ 1 _ICW .. _ .. ..- JMIO I "t lOIII PORr sr. Ltx:IC ~ """'" líSI;fl¡:¡~ifli~ ~!I~I·a ~.. 1~II'a·;,1J i J I . lillll·~¡; ii! 11 . IIJI J. ~¡ °h I 8"1 iel_i~1 :-. ~ oJ Ii ¡Jib I , J~' I s ..¡¡ å" ¡I ." ,I ;¡ ~ .- t ¥ ,1 ....J J --:../ ,ii ..::'~'::.:::ß" It r; ,,' I _._~ " ~., .._:~:iJ !I~ 1'100'"" . . . . I " ~ ..·.....N ; :;:~~ ¡ ~ ;1 mr-f il' ~~ 11:11 . -'" a I t: I , I I ~ ~ ~ ~ CII ~ ~ ~ " ~ '-' AGENDA REQUES'V' ITEM NO. C-2 E DATE: April 25, 2000 REGULAR ] PUBLIC HEARING CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Leeds Director, Leisure Services SUBMITTED BY: Leisure Services SUBJECT: Children's Environmental Learning Museum DEP Contract No. ADM511 - Amendment No. 5 BACKGROUND: St. Lucie County received a $500,000 grant to construct the Children I s Environmental Learning Museum. Amendment No.5 will extend the project completion date to July 31. FUNDS AVAIL. N/A PREVIOUS ACTION: August 27, 1996 - Original agreement is fully executed by the state, having previously been executed by the Board. September 24, 1998 - Amendment No. 1 fully executed. October 7, 1997 - Amendment No.2 fully executed. February 17, 1998 - Amendment No.3 fully executed. December 15, 1998 - Amendment No. 4 fully executed. RECOMMENDATION: Staff recommends the Board approve Amendment No.5 to the agreement between St. Lucie County and the Florida Department of Environmental protection extending DEP Contract No. ADM 511 to July 31, 2000, for the construction of the Children's Environmental Learning Center; and authorize the Chairman to execute the same. [ X] APPROVED [ ] OTHER: DENIED s M. Anderson, Administrator COMMISSION ACTION: Review and Approvals County Attorney: Originating Dep~L- Mgt. & Budget: Purchasing: Other: Other: Finance: (Check for copy only, if applicable) f '-" ...." DEP CONTRACT NO. ADM5l1 AMENDMENT NO.5 THIS AGREEMENT as entered into on the 27th day of August, 1996, and amended on the 24th day of September, 1996, the 7th day of October, 1997, the 17th day of February, 1998, and the 21st day of December, 1998, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "Grantee") is hereby amended. WHEREAS, there were delays in project construction resulting from circumstances beyond the CONTRACTOR's control, namely, inclement weather during the construction period due to Hurricane Floyd in September, 1999 and Hurricane Irene in October, 1999; and, WHEREAS, an extension of the contract is required to complete the project; and, WHEREAS, other language changes are necessary. NOW, THEREFORE, the Agreement is hereby amended as follows: Paragraph 7 is hereby deleted in its entirety and replaced with the following: In addition to the provisions contained in Paragraph 6, the Grantee shall comply with the applicable provisions contained in Attachment C, Special Audit Requirements. A revised copy of Attachment C, Exhibit-I, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The tevised Exhibit-1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment C. If the Grantee fails to receive a revised copy of Attachment C, Exhibit-I, the Grantee shall notify the Department's Contracts Administrator at (850) 922-5942 to request a copy of the updated infonnation. Paragraph 12 is hereby amended to change the completion date of the Agreement from January 31, 2000 to July 31, 2000. The following language is hereby added to the Agreement as Paragraph 14: The Grantee shall comply with all federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. Attachment C, Special Audit Requirements, is hereby attached and made a part of the Agreement. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. REMAINDER OF P AGE INTENTIONALLY LEFT BLANKn DEP Contract No. ADM511, Amendment No.5, Page 1 of2 " '-' ....,,¡ IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: *Title: Date: Date: A TrEST: \ lrtÁ ~~ DEP ontracts Admi Istrator Deputy Clerk APPROVED as to form and legality: Approved as to form and correctness: ~~\\~ ~~ DE Attorney County Attorney *If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Contractor must accompany the Amendment. List of attachments/exhibits included as part of this Amendment: Specify Type Attachment Letter/ Number C Description Special Audit Requirements (10 Pages) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. ADM511, Amendment No.5, Page 2 of2 .' W' ATTACHMENT C ...., Special Audit Requirements . The administration of funds awarded by the Department of Environmental Protection to the recipient (which may be referred to as the "Contractor", "Grantee", or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection detennines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this agreement. In detennining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of Environmental Protection. The detennination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. The recipient is responsible for the procurement of an independent auditor to conduct the audit required by this part. The recipient is required to follow the auditor procurement standards specified in Section .305, OMB Circular A-B3, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities, financial statements, audit findings follow-up, and report submission as provided in Sections .300, .310, .315, and .320 of OMB Circular A-133, as revised. This includes, but is not limited to, preparation of financial statements, a schedule of expenditures of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. DEP Contract No. ADM511, Attachment C, Page 1 of 10 , 'I' 3. If not othelWise disclo~ as required by Section .310 (b)(2) ~MB Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Department of Environmental Protection in effect during the audit period. 4. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal and non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal/State entities). PART II: STATE GRANTS AND AIDS 1. This part is applicable if the recipient is a local government or a non-profit or for profit organization as defined in Chapter 10.600, Rules of the Auditor General. 2. In the event that the recipient receives more than $25,000 in State grants and aids in its fiscal year, the recipient must have a limited scope audit conducted in accordance with Section 216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates State grants and aids amounts awarded through the Department of Environmental Protection by this agreement. In determining the grants and aids received in its fiscal year, the recipient shall consider aggregate grants and aids received directly from State agencies, including grants and aids funds received from the Department of Environmental Protection. The audit report must include an auditor's examination attestation report, management assertion report (alternatively, management's assertion may be included in the management representation letter), and a schedule of State financial assistance. EXHIBITS 2, 3, and 4 to this Attachment provide examples of these reports/schedule. The auditor's examination attestation report must indicate whether management's assertion as to compliance with the following requirements is fairly stated, in all material respects: · activities allowed or unallowed · allowable costs/cost principles · matching (if applicable) · reporting 3. In the event that the recipient receives State grants and aids totaling $25,000 or less in its fiscal year, the head of the recipient entity or organization must provide a written attestation, under penalty of perjury, that the recipient has complied with the allowable cost provisions (or other applicable provisions) of the State grants and aids contract. EXHIBIT 5 to this Attachment provides an example attestation document that should be used by the agency head to attest to compliance with grants and aids provisions. DEP Contract No. ADM511, Attachment C, Page 2 of 10 · ' PART III: OTHER AUDh-'REQUIREMENTS "..., (This part is reserved to specify any additional audit requirements imposed, if applicable, by the State agency that are solely a matter of that State agency's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements).) PART IV: REPORT SUBMISSION 1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, or when required by number 2 below, by or on behalf of the recipient directly to each of the following: A. The Department of . Environmental Protection at each of the following addresses: Gwenn D. Godfrey, Project Manager Florida Department of Environmental Protection Contracts Section (MS93) 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as revised. D. The State of Florida Auditor General at the following address: Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302-1735 DEP Contract No. ADM511, Attachment C, Page 3 of 10 " '-' ....,,; 2. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to each of the following: Gwenn D. Godfrey, Project Manager Florida Department of Environmental Protection Contracts Section (MS93) 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302-1735 3. Copies of reports required by PART II of this Attachment, and management letters prepared in conducting audits related to State grants and aids audits required by PART II of this Attachment, shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Gwenn D. Godfrey, Project Manager Florida Department of Environmental Protection Contracts Section (MS93) 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Office of the Auditor General at the following address: Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302-1735 DEP Contract No. ADM511, Attachment C, Page 4 of 10 '-" "'-" 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to: A. The Department of Environmental Protection at each of the following addresses: Gwenn D. Godfrey, Proj ect Manager Florida Department of Environmental Protection Contracts Section (MS93) 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 5. Any reports, management letters, attestations, or other infonnation required to be submitted to the Department of Environmental Protection pursuant to this agreement shall be submitted' within 180 days of the recipient's fiscal year end (or as otherwise allowed by Florida Statutes) or within 30 days of the recipient's receipt of the audit report, whichever occurs first. Other submissions should be timely in accordance with OMB Circular A-B3 and/or Florida Statutes, as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-B3, should indicate the date that the recipient received the audit report in correspondence accompanying the audit report. PART V: RECORD RETENTION The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. DEP Contract No. ADM511, Attachment C, Page 5 of 10 I ¡:¡:¡ :::E o ^ - '-' ,-., '1:J '-' o o "<I; ¡:: o .¡:: u 11) Cf. $' '1:J 11) . !:I g. 11) I-< '-' ..... I ~ .... = ~ ~ C) ~ ~ o ....¡ ....¡ o ~ ~ f5 ~ o ¡.... Cf. ..... 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'-' -...I EXHIBIT - 2 INDEPENDENT AUDITOR'S REPORT ON EXAMINATION OF MANAGEMENT'S ASSERTION ABOUT COMPLIANCE WITH SPECIFIED REQUIREMENTS (SAS Codification Section AT 500.55) [Date] Dear [Name]: We have examined management's assertionl about [name of entity]'s compliance with the allowable cost requirements [or other applicable requirements] established in the grant agreement(s) applicable to the State grants and aids appropriations identified on Schedule of State Financial Assistance for the year ended [indicate the applicable fiscal year] included in the accompanying [title of management reportV Management is responsible for [name of entity]'s compliance with those requirements. Our responsibility is to express an opinion on management's assertion about the [name of entity]'s compliance based on our examination. Our examination was made in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of entity]'s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name of entity]'s compliance with specified requirements. In our opinion, management's assertion (identify management's assertion - for example, that complied with the aforementioned requirements during the fiscal year ended ] is fairly stated, in all material respects.34 Sincerely, Notes: 1. If the entity does not present its assertion in a separate report accompanying the practitioner's report, refer to SAS Codification Sections AT 500.56 and .57. 2. The practitioner should identify the management assertion report examined by reference to the report title used by management in its report. Further, he or she should use the same description of the compliance requirements as management uses in its report. 3. The specific compliance requirements, and related criteria (if applicable), will be specified and/or referred to in the grant agreement. As such, it should not be necessary to repeat the compliance requirements, and related criteria (if applicable) in the practitioner's report. 4. Instances of noncompliance should be reported in the manner prescribed in SAS Codification Sections AT 500.61 through .68. DEP Contract No. ADM511, Attachment C, Page 7 of 10 " I '-' ...., EXHIBIT - 3 MANAGEMENT ASSERTION REPORT I, , hereby assert that, (head of recipient entity) (recipient entity name) complied with allowable cost requirements [or other applicable requirements] of the grants and aids appropriations identified on the attached Schedule of State Financial Assistance during the fiscal year ended (month, day, year) (signature) (title) (date) If this assertion report is used, one copy shall be submitted after the recipient's fiscal year end to each of the parties designated in the contracts/grants for the identified grants and aids appropriations. This statement does not need to be notarized. DEP Contract No. ADM511, Attachment C, Page 8 oflO , . . ! '-" ....,,; EXHIBIT - 4 Sample Organization Schedule of State Financial Assistance For the year ended 9/30/97 State Federal Federal State Agency Contract! CFDA Through And Grant Number State State Total Program Title Number Note A Receipts Receipts Receipts Department of Health Head Start GH501 93.600 50,000 (1) 50,000 (1) 100,000 Women, ABI0l 93.245 100,000 (1) 150,000 250,000 Infant & Children Department of Elder Affairs Community GC501 Not 200,000 (1) 0 200,000 Care for the Applicable Elderly Community GC601 93.003 0 150,000 (1) 150,000 Care for the Elderly Elder Care GC777 93.666 60,000 60,000 120,000 Total 410,000 410,000 (2) 820,000 (1) State· Grants, and Aids Appropriations moneys. The grand total of State Grants and Aids Appropriations moneys is $550,000. (2) $390,000 of this amount is included in the expenditures presented in the Schedule of Expenditures of Federal Awards. The remaining $20,000 was received under contract number GC601 but was not expended. NOTE A: Federal CFDA numbers apply only to Federal programs. CAUTION: The purpose of this schedule is format illustration only. The contract or grant numbers, CFDA numbers and program titles are not intended to represent actual data. DEP Contract No. ADM511, Attachment C, Page 9 of 10 '. þ , ¥ ...., EXHIBIT - 5 MANAGEMENT ATTESTATION STATEMENT CONTRACT/GRANT NUMBER(S) I, , hereby attest, under penalties ofpeIjury, that, (head of recipient entity) complied with allowable cost requirements [or (recipient entity name) other applicable requirements] of the grants and aids appropriations contracts/grants identified above during the fiscal year ended (month, day, year) (signature) (title) (date) One copy of this attestation statement shall be submitted after the recipient's fiscal year end to each of the parties designated in the contracts/grants for the identified grants and aids appropriations. This statement does not need to be notarized. DEP Contract No. ADM511, Attachment C, Page 10 of 10 ~RK AUTHORIZATION NO.3....", Engineering Services Related to Bridge Design C-98-01-248 for Bridge Improvements Taylor Dairy Road/Belcher Canal; Edwards Road/Five Mile Creek; Glades Cut-Off Road @ C-24; Juanita Avenue/Taylor Creek Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Kimley-Horn and Associates, Inc. (The "Engineer") dated January 6, 1998, the Engineer agrees to provide the Scope of Services described in Exhibit "A" for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER BY: Print Name: Kimley-Horn and Associates, Inc. Date: ~-n ~_r ~ '-'" ~on West, April 6, 2000, Page 2 Kimley-Horn and Associates, Inc. EXHIBIT "A" SCOPE OF SERVICES Task 1 - Preparation of Bid Docnment We will prepare the bid document for bidding for bridge repairs to the following structures: · Taylor Dairy Road/Belcher Canal · Edwards Road/Five Mile Creek · Glades Cut-Off Road C-24 Canal · Juanita Avenue/Taylor Creek This will include a tabulation of bid items and any special provisions and specifications needed for the proposed construction. One hard copy will be provided to the County. The County will be responsible for reproduction for bid sets. Task 2 - Pre-Construction Participation We will attend the Pre-Bid Meeting and assist in addressing technical questions, which will need to be addressed by addendum. Upon selection of a contractor, we will attend a pre-construction meeting to answer contractor questions and assist in the project start-up. We will also review any required shop drawings or material specifications, which may be required for construction. It is our understanding that the County will conduct the bid evaluations and make the selection recommendation of contractor(s). Task 3 - Site Visits For each structure modification project, we will provide specific limited construction observation. We shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs or safety practices, nor shall we have any authority or responsibility to stop or direct the work of any contractor. It is our understanding that the County will undertake the day to day construction observation, contract with a material testing lab and prepare the contractor's pay request. Our visits will be for the purpose of endeavoring to provide the County a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents. K:IPROPOSAL IKHA IStrCnstr Asst2.doc ]caf ~!=r~ '-" ""-Don West. April 6, 2000, Page 3 Kimley-Horn and Associates, Inc. We propose for each structure that we allow one visit for each structure repair for each of the following events: · Installation of sheet piles · Contractor's procedure of slope protection · Initial guard rail installation · Final inspection of guard rail In addition, we will respond to contractor "Request for Information" (RFI) issues. We understand that this may require a site visit and written response. Task 4 - Project Closure We will accompany the County on a final walk through of each project site, to identify items to be addressed by Contractor. We neither guarantee the perfonnance of contractors, nor assume responsibility for any contractor's failure to perfonn its work in accordance with the contract documents. Upon acceptable completion of construction, we will provide a written statement as to the work being completed as per the proposed plans. Task 5 - Edwards Road Permitting We will review the current erosion problem on the northeast corner of the Five Mile Creek bridge. We will develop a plan and apply for penn its for a direct discharge pipe from the northside swale into the creek. K:IPROPOSAL IKHA IS trCnstr Asst2.doc ]caf ~=r~ '-" Kimley-Horn and Associates, Inc. EXHIBIT "B" FEE ~on West. April 6, 2000, Page 4 We will accomplish the service outlined in Task 1 through Task 5 for the fee outlined below inclusive of expenses: BRIDGE Juanita Ave. over Taylor Creek Taylor Dairy Road over Belcher Canal Glades Cut-Off over Canal C-24 Edwards Road over Five Mile Creek FEE $4,375 $4,375 $4,375 $9,375 K:IPROPOSAL IKHA IStrCnstr Asst2.doc ]caf ~=r~ ~ ~on West, April 6, 2000, Page 5 Kimley-Horn and Associates, Inc. Exhibit "C" SCHEDULE The schedule for the work as described in Task 1 through Task 6 will follow the Construction Schedule set by the County. K:IPRO POSALIKHA IS trCnstr Asst2.doc ¡caf " ¿ '-' ...., WORK AUTHORIZATION NO.6 Engineering Services C-97-11-186 for South 25th Street - St. James Drive Road Project Mitigation, Planting and Monitoring Set-up Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Culpepper and Terpening, Inc., (the "Engineer") dated November 25, 1997, the Engineer agrees to provide the Scope of Services described in Exhibit A for the Compensation described in Exhibit B. All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit C. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his name on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER f- BY: fil-Æ ~ Ste~. Matthes, P.E., Vice President Culpepper and Terpening, Inc. Date: 'I /r ~ UJOö c:Jnydoc:lcontractl9027-WautM _" ! '-' ..., EXHIBIT "A" SCOPE OF SERVICES Culpepper & Terpening, Inc. (C&T), in conjunction with RL. Weigt Environmental Consultants, Inc. (RL W), propose to complete the following tasks in accordance with the Mitigation Plan dated November 10, 1994 provided to and approved by the SFWMD and the COE. Special Condition #14 of SFWMD Permit #56-01066-S requires that 0.41 acres of Wetland "C" (refer to Mitigation Plan) be planted and that St. Lucie County monitor the wetland for a period offive (5) years. I. Culvert Installation & Construction Manai!ement Culpepper & Terpening, Inc. will enter into an agreement with a contractor to install the culverts required as mitigation under SFWMD Permit #56-01066-S. The culvert installation shall be monitored to insure compliance with construction specifications and permit conditions. A biologist trom RL W will be on-site during construction activities to assure that construction is completed properly and no habitat is unnecessarily disturbed. ll. Plantini! of Wetland C (0.41 acres) RL W biologists will plant the following vegetative species according to the Mitigation Plans: Spartina bakeri, Panicum hemitomon, Sagittaria lancifolia, Pontederia cordata, and Rhynchospora tracyi. (NOTE: species may be field-adjusted or substituted with other native species, depending upon field conditions at the time of planting). Plants will be planted in improved holes on 3-foot centers and watered-in for a period of six (6) months to ensure proper growth. Bare root plants will be used, when possible. All plants will be free of exotic species. Upon completion of wetland planting, Culpepper & Terpening, Inc. will prepare an as- built plan, along with a certification trom RL W that Wetland C was planted in accordance with the Mitigation Plan. The as-built survey will be signed and sealed by a licensed professional engineer at Culpepper & Terpening, Inc. and forwarded to the COUNTY and SFWMD. ill. Monitorini! Transect Set-Up Three (3) monitoring transects will be set up by RLW biologists, according to the Mitigation Plans. The beginning of each transect will be marked with a 4" x 4" x 24" concrete monument. The concrete monument will be marked with a 4" x 4" aluminum plate engraved with the transect identification number, compass bearing, and date. The creek monuments will be located with a hand-held GPS unit and the latitude and longitude recorded. Bearings and distances of each transect will be established. Sample quadrates (10 meters x 10 meters) will be established along each transect at 100' intervals. Distance and direction of each quadrate will be recorded and marked with a 3/4" diameter PVC pipe. Two (2) water level data loggers will be installed, according to Figure I of the Mitigation Plan. One (1) water level data logger will be placed in wetland A and one (1) water level data logger will be placed in wetland C. A rainfall data logger will be installed in wetland C. Panoramic photograph stations will be established at the edge of each transect that interfaces at a wetland. c;mydoclcoŒnctl9021.Wøb6 .íi '-" ..., EXHmIT "B" COMPENSATION Culpepper and Terpening, Inc. will complete Tasks I through III for a total lump sum fee of $27,700.00 as defined by each Task as follows: Task I: Culvert Installation & Construction Mana2ement Total cost for this Task is $12,700.00. Project costs for this Task will be invoiced upon completion of culvert installation. Task IT: Plantin2 of Wetland C (0.41 acres) Total cost for this Task is $11,000.00. Project costs for this Task will be invoiced upon completion of planting. Task ID. Monitorin2 Transect Set-Up Total cost for this Task is $4,000.00. Project costs will be invoiced upon completion of monitoring transect set-up. C:myóoc/contnctl9027 - W MIth6 ,,' . r '-' ...., EXHIBIT "C" SCHEDULE Culpepper & Terpening, Inc. will complete Tasks I through III according to the following schedule: I. Culvert Installation & Construction Mana2ement Culpepper & Terpening, Inc. will give notice to proceed to their sub-consultants within ten (10) days of receipt of Notice to Proceed, or when culvert sub-contractor is ready to begin work. ll. Plantin2 of Wetland C (0.41 acres) Work on Task II will begin within ten (10) days of completion of culvert installation and will be completed within thirty (30) days ITom the date C&T begins work. ID. Monitorin2 Transect Set-Uv Work on Task III will begin within ten (10) days of completion of culvert installation and will be completed within seven (7) days ITom the date Task III commences. c:mydoc/c;0f1nct/9()17 . WasthtS '-" AGENDA REQUEST "'" ITEM NO. C-4 I DATE: APRIL 25,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: O~~~ 4( Scott Herring, P. Traffic Operations Section SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV SUBJECT: Reauthorization of original assignment with LBF&H, Inc. for the Design of the Intersection Improvements at the intersection of Midway Road & Glades Cut-Off Road. BACKGROUND: On March 14, 2000, St. Lucie County approved Work Authorization # 13 with LBF&H, Inc. to complete the design of the intersection of Midway Rd. and Glades Cut-Off Rd., and to replace the Assignment Authorization for this work dated October 10, 1995. Staff, in error, requested that the Original Assignment Authorization entered into on October 10, 1995 be terminated. The Work Authorization #13 was to be in addition to the original Assignment Authorization. To date, St. Lucie County has spent $106,721.50 on design services for this intersection and signalization plans and has spent $144,152.28 for the construction of the signal at this intersection. FUNDS MADE AVAILABLE IN: 101002-4112-563005-410045 Transportation Trust Constitutional PREVIOUS ACTION: Board approval of original Work Authorization October 10, 1995. Board approval of Master Contract with LBF&H, Inc. on November 25, 1997. Board approval of Change order Number 2 with the Signal Group for the Signalization on December 14, 1999. Board Approval of Work Authorization #13 on March 14, 2000. RECOMMENDATION: Staff recommends that the Board reinstate the Assignment Authorization with LBF&H, Inc. for this project dated October 10, 1995 in the amount of $197,500.00 for a total design cost for this intersection of -$284,585.00. COMMISSION ACTION: fx] APPROVED [ ] OTHER: [ ] DENIED [X]County Attorney [X]Originating Dept. Public Works ;J! Jh..-J [X]Finance (check for copy only, if applicable) ,r) '? !-<J. coor~ignat~ITfc:\ [X]Mgt. & BUdge~ «<J\"....., \ [ ]Purchasing [X]Co. Eng (~ [X]Road & Bridge ~ [X]Other Barbara Meinhardt Budget Revenue coor~\"\ --- -- '-' """ AGENDA REQUEST ITEM NO.J:2:.5 DA TE: April 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITIED BY(DEPT): Mosquito Control James R. David SUBJECT: Queens Island Acquisition - Phase I - Agreement for Sale BACKGROUND: The Board previously approved the Indian River Lagoon Blueway/Queens Island Memorandum of Understanding, and the Acquisition and Ownership Agreement, between the County, the South Florida Water Management District Save Our Rivers program, and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, for the purchase of Queens Island - Phase I & II. As a result of those Agreements. the South Florida Water Management District commissioned appraisals, surveys, title and other pre-acquisition activities, as Due Diligence for the purchase of Queens Island - Phase I and II. To-date, the Board has approved purchase of the properties of three landowners that previously accepted offers from the Water Management District. We now bring before the Board for its consideration an Agreement for Sale approved by the South Florida Water Management District for Tract Nos. 100-015 and 100-016 in Phase I, owned by Donna Fleming and Elsie D. Bickford. FUNDS AVAIL.: 382-3915-561000-310085 Env Land Cap Fund-Land-Queens Is. and 145107-6230-561000-310085 Queens Is Ocean to River-Land-Queens Island PREVIOUS ACTION: Board approval of the purchase of six tracts in Phase I & II on October 12,1999. RECOMMENDA nON: Staff recommends that the Board approve the Agreement for Sale for the following tracts; Donna Fleming and Elsie D. Bickford, Tract Nos. 100-015 and 100-016 in Phase I, and commit County Environmentally Sensitive Land Funds, estimated at $107,040.00 in land costs, as well as, the County percentage share of the pre-acquisition and closing costs (as set forth in the MOU and the Acquisition and Ownership Agreement). COMMISSION ACTION: (X] APPROVED (] DENIED ( ] OTHER: Review and Approvals County Attorney: Originating Dept. Finance: (Check for Copy only. if applicable)_ Management & Budget Other: Purchasing: Other: Eff. 5/96 '-" ...." MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS D JAMES R. DAVID, MOSQUITO CONTROL DIRECTOR r APRIL 11, 2000 FROM: DATE: SUBJECT: QUEENS ISLAND ACQUISITION - PHASE I - AGREEMENT FOR SALE OF FLEMING & BICKFORD PROPERTY BACKGROUND: The objectives of the public land acquisition of Phase I, consisting of 131 acres, ·of the 235 acre Queens Island - Ocean to River Project, is to preserve, protect, restore and publicly manage natural, barrier island communities, which consist of nationally and internationally declining habitats. The natural communities on the site consist of: Estuarine Tidal Swamp, Maritime Hammock, Coastal Strand and Beach Dune. Additional objectives of the project are; to protect endangered and threatened sea turtles nesting habitat found in the Beach Dune habitat, to preserve and restore southeastern beach mouse dune habitat and to preserve and restore maritime hammock and estuarine tidal swamp habitats at the site. The preservation of these habitats accomplishes preservation and enhancement of the viability of the site's important biodiversity (a site of + 7 focal species overlap, Game and Fish). The site is also targeted to be a 'Strategic Habitat Conservation Area' by the State of Florida. Furthermore, public acquisition will extend the boundaries of an existing public preserve, which lies 1/4 mile to the north, and which is linked to the site by the same water body, the Indian River Lagoon. This public acquisition will therefore foster the creation of a barrier island Green way along the Indian River Lagoon in Saint Lucie County. The proposed Green way includes a series of nearly contiguous barrier island mangrove swamps that traverse the length of St. Lucie County. [Note: Freshwater wetlands on the mainland which are biologically-linked to the Lagoon (via migratory or dispersing organisms), are also targeted by the Green way effort]. This public acquisition effort also furthers the Indian River Lagoon National Estuary Program Goal of wetland protection (in an Estuary of National Significance), through wetland acquisition, restoration, enhancement and public management. The approximately 52 acres (22.1 % of site) of beach dunes, coastal strand and maritime hammock at the Queens Island site, of which 19 acres comprise Phase I of the acquisition, form a natural connection between Atlantic Ocean and the estuarine waters, broken only by State road AlA. The Beach Dune natural community occupies a narrow zone on the foredune nearest the beach, and serves as a nesting site for endangered Green sea turtle and threatened Loggerhead sea turtle (Chelonia mydas and Caretta caretta). The beach dune is also an active foraging site for shore birds and habitat for the State-listed Gopher tortoise (Gopherus polyphemus). The Beach Dune vegetation is dominated by Sea oats (Uniola paniculata), Beach grass (Panicum amarum), and '-" "wi some species of morning glory (Ipomia spp.). The secondary dune, which is more pronounced in the northern tracts, is dominated by Coastal Strand vegetation (typically spray-pruned trees and shrubs). The Coastal Strand is bisected by highway A I A, thus is somewhat fragmented. The secondary dune system has also experienced some disturbance from vehicles crossing from A I A to the beach area. Representati ve plants of the coastal strand, include; Seagrape (Coccaloba unijera), Buckthorn (Bumelia sp.), Coin vine (Dalbergia ecastophyllum), Catbriar (Smilex sp.), Cocoplum (Chrysobalanus icaco) and Hercules club (Zanthoxylum clava-herculis). The Maritime Hammock is contiguous with that portion of the Coastal Strand which lies west of A I A. The State of Florida, District Biologist, described the site as being a low hammock, with a temperate over story and a subtropical understory. The understory of the Hammock is dominated by Marlberry (Ardisia escallonioides), Stoppers (Eugenia axillaris and E. Foetida), Indigo berry (Randia aculeata) and Saw palmetto (Serenoa repens). Other more tropical species such as Gumbo limbo (Bursera simaruba), Mastic (Mastichodendron foetidissimum), Torchwood (Amyris elemifera), Wild lime (Zanthoxylum fagara) and Wild coffee (Psychotria undata) are also found in small patches in the understory. The more temperate canopy consists chiefly of Live oak (Quercus virginica) and Red Bay (Persea borbonia) with some individuals of Strangler fig (Fichus aurea) and Palmetto (Sabal palmetto) also present. State-listed species in the maritime hammock include the Golden polypody (Phlebodium aureum), Whisk fern (Psilotum nudum), Shoestring ferns (Vittaria lineata) and Twinberry (A.K.A. Simpson's Stopper) (Myrcianthesfragrans). The lagoon-fringing portion of the Hammock area consists mainly of Estuarine Tidal Swamp. Fingers of fringing estuarine tidal swamp lands, in the form of shallow tidal creeks, a large tidal pond and man-made ditches, are interspersed among the hammock uplands and spoil sites. Mangroves (Rhizophora mangle, Avicennia germinans, Laguncularia racemosa and Conocarpus erecta) dominate this estuarine-fringing system, with occasional stands of other shoreline-dotting plants (such as Sea oxeye, Borrichia frutescens). Salt wort and glasswort (Batis maritima and Salicornia spp.) are also present. A State-listed plant species found in this area is the Coastal leather fern (Asrostichum danaeijolium). The estuarine tidal swamps which comprise approximately 79% of the total project site, have been typically described as a combination of "high saltmarsh" and "mangrove swamp". Earthen dikes surround the majority of estuarine intertidal scrub shrub found in the westernmost segment of the site. The diked area forms a mosquito control impoundment (No.19B). The impoundment is located to the west of the Hammock area, across a shallow tidal creek of the Indian River Lagoon. The impoundment is artificially pumped during the mosquito breeding season (May through August under Rotational Impoundment Management, RIM) by the Mosquito Control District, using two, 7,000 g.p.m. electric pumps. The management protocol involves flow-through movement of tidal waters during the management period (which sustains high water quality), and periodic drawdowns of water levels during the mosquito breeding season to concentrate prey species for wading bird foraging enhancement. '-"' ""'" The Board previously approved the Indian River Lagoon Blueway/Queens Island Memorandum of Understanding and the Acquisition and Ownership Agreement between the County, the South Florida Water Management District Save Our Rivers program, and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. According to the approved MOU and the Acquisition and Ownership Agreement, the County will share in the pre-acquisition costs with the Water Management District and the U. S. Fish and Wildlife Service in Phase I, and with the Trustees of the Internal Improvement Trust Fund in Phase II. The total pre-acquisition and closing costs are not known at this time. As a result of the above referenced Agreements, the South Florida Water Management District commissioned appraisals, surveys, title and other pre-acquisition activities, towards the purchase of the Queens Island - Phase I and II. As of October 12, 1999, three landowners accepted the offers made; Robert E. Cleaves, IV and Dorothy Goulter as Trustees - Tract Nos 100-023 and 100-024 in Phase II, P. M.J. Corporation - Tract Nos 100-021 and 100-022 in Phase II and Tri- County Wholesale Distributors, Inc. - Tract Nos 100-012 and 100-013 in Phase 1. Those three Agreements for Sale to the South Florida Water Management District were presented to the Board for their consideration and approved on October 12, 1999. One closing has taken place to-date, Tri-County Wholesale Distributors, Inc.. The remaining approved properties are awaiting final sovereign lands survey results which should be completed by the end of April 2000. At this time, staff is presenting an Agreement for Sale of Tracts 100-015 and 100-016 owned by Donna Fleming and Elsie D. Bickford for the Board's consideration. The Fleming and Bickford Tracts are appraised at $480,000.00, of which the County's cost share is $107,040.00 (+ title, appraisal, closing and survey costs), or 22.3 % of the land cost (per the approved MOU ratio). The appraised value is based on the 4.212 acres of "buildable upland" on the referenced Tracts. The cost incurred by the County to-date on Phase I of the Queens Island project is $325,510.53. The federal share of the project cost to-date is $646,641.99. The South Florida Water Management District, Save Our Rivers share of the project cost to-date is $487,535.95. The original grant estimate for Phase I was $2,064,000.00. The actual appraised value for the Phase I land cost is $1,920,000.00. Our original share in the land cost and acquisition costs was approved at $459,955.00. Per the revised appraisal, the cost is currently estimated at $443,121.68 (not including closing costs which are yet to be invoiced by South Florida). Upon approval, a total of approximately 143.24 acres of native uplands and coastal wetlands will have been purchased at the Tri-County and Fleming and Bickford sites, and approximately 850 linear feet of beachfront property will be available for public access. RECOMMENDATION: Staff recommends that the Board approve the Agreement for Sale for the following tracts; Donna Fleming and Elsie D. Bickford, Tract Nos. 100-015 and 100-016 in Phase I, and commit County Environmentally Sensitive Land Funds, totaling an estimated $107,040.00 (in land costs), as well as, the County 22.3 percent share of the pre-acquisition and closing costs (as set forth in the MOU and the Acquisition and Ownership Agreement previously-approved). I',' '-'> 'p' ~ ("' 'p' ~ ...4 FORT I'IERCE INLET ,....... () .. .. " " 18 '~ 19 30 ST. T I TrIP W ---....;¡¡, . -, (~ ;...-..... E J' . >J .. r \, ! o ø ...... ~ -; \~ .. - --- ~ LEGEND DIVIDeD ....,GM...,.,. 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'-" 'wtI QUEENS ISLAND - OCEAN TO RIVER, SAINT LUCIE COUNTY SAINT LUCIE COUNTY MOSQUITO CONTROL DISTRICT PHASE I: NATIONAL COASTAL WETLANDS RESTORATION ACT :i}'iif@RAR:fPr;UfIQ'i"}i:fii! :iii:ii!'¡!:i}i:ii}}ii}{}:'fW}''¡!:i}i}i'¡!:fii!:HAßlmAiEi::f:J?(;eIS}}i:iii'¡!::iiii'i:'¡!:'¡!:i:Mf:}}}}:i::ii'.i"':}iii:i:} MAGREAG£;'f .... .. .....".... .... 141 5-41 1-0002-000/3 ESTUARINE INTERTIDAL SCRUB SHRUB 3.10 141 5-41 1-0001-000/6 ESTUARINE INTERTIDAL SCRUB SHRUB 2.77 1414-310-0006-000/8 ESTUARINE INTERTIDAL SCRUB SHRUB 22.87 1414-310-0003-000/7 ESTUARINE INTERTIDAL SCRUB SHRUB 82.97 SUBTOTAL 1 1 1 .71 141 4-310-0006-000/8 MARITIME HAMMOCK 3.50 1414-310-0003-000/7 MARITIME HAMMOCK 9.00 SUBTOTAL 12.50 . 1414-31 0-0004-000/4 PRIMARY DUNE, SECONDARY DUNE, COASTAL STRAN 4.85 1414-310-0005-000/1 PRIMARY DUNE, SECONDARY DUNE, COASTAL STRAN 1 .88 SUBTOTAL 6.73 GRAND TOTAL 130.94 "'0 .,., ON §§ ~~ §§ I "ã I §§ ~~ ~= _.~ I i I ~I:BI I ~211 I O~ N_ H ~¡;~ §:s:: U~ ~2£ NN. :!:!1¡¡ ~., ",M .,~ O~ ~~ 0"' 8~ O~ ~ ~ O~ ON ~ II I I I I II i I ,I~ .... ~I~ ~ II II I ~I I I ¡ I I I ~i~ ~ ~ <"J: * ;; 818;;; ;; olocoœ;J . ,i 1'1 ' I'r I I III I i I I 'i 01_ OJ 0 ~16:::~ § § §§ ~I ~ ~~ I i ~: ~I' I - r' ¡;¡ I I , I I §I§~~ ~ ¡~ ~ :3 ~i.;þ""~ I I I I ~I, f! 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(561) 686-8800 . FL WATS l-800--I32-20-l5 . TDD (561) 697-257-1 MaiJing Address: P.O. Box 2-1680, \Vest Palm Beach, FL 33-116--1680 . ww\\.sfwmd.gov fil"~'--!I? . .-:- ,.(-., 'J~ r- " g,;/C ,1 (if /: [I) LAN 06-02 AP,q 0 7 2000 April 6, 2000 Ä¡1 ,;"~ ;-. ,_ . . r; ". ;. :".,. . 1 ,. ""'0 ;. ~ "-i ~.....' ~~-r. :.,,~ -~ i ! c~ i-~ ;~ 5 ....;... 7"~ -,.'\, I " ....,- · )" J ."¡U_ James David, Director St. Lucie County Mosquito Control District 3150 Will Fee Road Fort Pierce, FL 34982 Dear Jim: J Subject: Atlantic Ridge Ecosystem Acquisition of Tract Nos. 100-015 & 100-016 owned by the Estate of William J. Fleming and Elsie D. Bickford located in St. Lucie County, Florida The Governing Board of the South Florida Water Management District approved the above acquisition at its meeting held on March 9, 2000. Enclosed is a copy of the fully executed Agreement for Sale and Purchase for your records. The file has been turned over to our title unit for closing and a package will be forwarded to the Department of Environmental Protection requesting the release of funds. If you have any questions, please contact me at (561) 682-6841 or 1-800-432- 2045, Extension 6841. Sincerely, r0_·, . ~-- Doris A. M. Anderson Senior Real Estate Specialist Real Estate Division DAMA/mg Enclosure GOVERNING BOARD /ÎA'f ~;!l VC.v/1YI EXECUTIVE OFFICE Michael Collins, Chairman Michael D. Minton, Vice Chairman Mitchell W. Berger Vera M. Carter Gerardo B. Fernandez Patrick J. Gleason Nicolas J. Gutierrez, Jr. Harkley R. Thornton Trudi K. Williams Frank R. Finch, FE., Executive Director James E. Blount, Chief of Staff Form No. LONGS&P.F/N Revision Date: 03/04/97 '-' .....,¡ Re: Indian River Lagoon Blueway/Queens Island Phase I Tract Nos. FV 100-015 & 100-016 AGREEMENT FOR SALE AND PURCHASE This Agreement is made and entered into by and between the below named SELLER: DONNA FLEMING, Personal Representative of ESTATE OF WILLIAM J. FLEMING (as to an undivided 50% interest) and ELSIE D. BICKFORD, as Trustee of the Elsie D. Bickford Revocable Trust dated August 4, 1980 whose address is: c/o James H. Ryan, Esquire G~ry, Dytrych & Ryan, P~A. 701 U.S. Highway One, Suite 402 North Palm Beach, FL 33408 whose telephone number is: (561) 231-7977 '. , ¡ J \ whose S~cia" Security Number' or Federal 10 Tax Number is: OJ 4 Pøt"" 0 l' _ 11.{- i f JÙ'1HJ~ 't.J. - 7()4b351 (hereinafter referred to as "SELLER"), and the SOUTH FLORIDA iio \ WA TER MANAGEMENT DISTRICT, a public corporation of the State of Florida with its principal office at 3301 Gun CILt Road, West Palm Beach, Florida 33406 and whose mailing address is Post Office Box 24680, West Palm Beach, Flor1ca \ 33416-4680, its successors and assigns (hereinafter referred to as "BUYER"). . For and in consideration of mutual covenants set forth herein and o,ther geod and valuable consideration, the I sufficiency and receipt of which are hereby acknowledged, and in further consideration of the terms and conditiors \ 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 tr.e l\ terms and conditions hereinafter set forth, that certain real property comprising approximately 35.595 acres located ir. St. Lucie County, Florida, legaily described in Exhibit "A" attached hereto and made a part hereof, together with all ar.::: I singular the rights, tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining (hereinafter referred to as the "Premises"). Subject to the Approved Exceptions, the conveyance of the Premises will include, without limitation, all fixtures, improvements and all rights with respect to the Premises, including but not limited to all logs and timber rights, all water rights, all mineral rights, all oil and gas rights, all crops, all pasturage rights, all grazing rights and all other rights connected with the beneficial use and enjoyment of the Premises; as well as, all right, title and interest in any roads. streams, canals, ditches and other water bodies located on the Premises, appurtenant to the Premises or which may provide access to the Premises; and ail right, title and interest in any alieys, f0ads, streets and easer.1ents inciuded withi;¡ the Premises, appurtenant to the Premises or which may provide access to the Premises. 2. PURCHASE PRICE a. The purchase price for the Premises is the sum of Four Hundred and Eighty Thousand Dollars ($480,000.00) (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. 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 January 13, 2000 and is executed by the BUYER on or before February 24, 2000. Notwithstanding the foregoing, in the event this Agreement is executed by the SELLER and delivered to the'BUYER after January 13, 2000. 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 conting,"" 't upon approval by the Governing Board r' the South Florida Water Management Cistrict. \.;' >."I 4. CLOSING DATE The transaction contemplated by this Agreement shall be closed ("Closing") and the deed and other closing papers and possession, shall be delivered on or before May 24, 2000 ("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, in its discretion, may, at BUYER's expense, obtain a boundary survey of the Premises ("Survey") prepared by a registered Florida land surveyor. 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. BUYER, in its sole discretion may, at BUYER's sole cost and expense 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. c. 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 ,«riting 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 Cum Period, BUYER shall have the option of: i. accepting title as it then is; ii. requiring SELLER to continue to file and diligently prosecute all suits and actions necessary to cure title for an additional sixty (60) days and thus extending the Cure Period for said amount of time. iii. filing a condemnation action to clear title (hereinafter "Action"), in which event SELLER: (1) shall cooperate in the prosecution of the Action and waive any right, claim or defense against the BUYER in such Action, (2) shall be compensated in the Action, and (3) agrees that the Purchase Price shall be the entire and full compensation În the Action and that any compensation due for clearing title objection(s) and for defendant(s) attorney fees and costs shall be deducted from the Purchase Price; (in the event this option 5. c. iii. (3) is chosen, BUYER shall have the right at any time to withdraw the Action in which event this Agreement shall be of no further force or effect and the parties shall be relieved from all further obligations under this Agreement with each party responsible for its attorney's fees and costs but SELLER shall be responsible for defendant(s) attorneys fees and costs, if any, incurred in the Action prior to withdrawal of the Action); or iv. declining to accept title and thereupon this Agreement shall be cancelled and the BUYER and the SELLER shall have no further claim against each other under this Agreement, except for material misrepresentations made by SELLER to BUYER. d. Prior to or at Closing, SELLER shall, at its sole cost and expense, satisfy all Schedule B-1 requirements of the Title Commitment. If at Closing there are any unsatisfied Schedule B-1 requirements, then BUYER shall have, in additi?n to all other rights set forth in this Agreement, the options set forth in subparagraphs 5. c. i., 5. c. ii., 5. c. Hi. and 5. c. iV. above. 2 6. SELLER'S DELIVERIES SELLER shall deliver to BUYER t~lIowing documents within ten (10) days ~he Effective Date of this Agreement except as specifically indicated: a. Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER's possession or control with respect to the physical condition or operation of the Premises. b. Copies of all licenses, variances, waivers, permits, authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Premises, or any portion thereof (the "Governmental Approvals"), as well as copies of all unrecorded instruments which are material to the use or operation of the Premises. 7. ADDITIONAL 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. 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. ii. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened which after Closing would, materially adversely affect the value of the Premises. iii. On the day of Closing, the Premisês shall be in compliance with applicable federal, state and local laws, ordinances, statutes, rules, regulations. codes, requirements, licensed permits and authorizations. . iv. Prior to Closing, approval of the acquisition contemplated by this Agreement and release of funds to BUYER by (1) the Florida Department of Environmental Protection from the Water Management Lands Trust Fund, and/or Preservation 2000 Trust Fund in the amount of Thirty-three and four-tenths percent (33.4%) of the Purchase Price plus BUYER's closing costs, and a grant from the United States Fish and Wildlife Service in the amount of Forty-five and eight-tenths perce~t (45.8%) of the Purchas~ Price plus BUYER's closing costs and (2) the Board of County Commissioners of St. Lucie County, Florida in the amount of Twenty and eight-tenths percent (20.8%) of the Purchase Price plus BUYER's closing costs. v. 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. vi. All of the representations and warranties of SELLER contained in this Agreement, including but not limited to those contained in Paragraph 12, shall be true and correct as of Closing. vii. 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. b. Should any of the conditions precedent to Closing provided in subparagraph 7. 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. 8. PRORATIONS. TAXES AND ASSESSMENTS SELLER' shàll 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. 9. 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. 10. 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 sh~" ~e 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. 3 , b. 'SELLER shall comply with the. - -')visions of the Foreign Investment Real °roperty Tax Act, Section 1445 of the Internal Revenue Code (FIRPTA). ~ '....I . 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 a non-foreign affidavit in a form acceptable to the Closing Agent ("Non-Foreign Affidavit"); or ii. In the event t~e SELL.ER is a "non-resident alien" or "foreign person" within the meaning of F/RPTA 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. 11. 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. a certificate stating that the representations and warranties contained in Paragraph 12 are true and correct . vi. all other documents and instruments- provided for 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 Compa,ny) and submit copies of the .same to the SELLER's attorney, prior to the scheduled Closing Date. 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 the scheduled Closing Date. If SELLER is not an individual, then SELLER shall prepare and deliver to BUYER at least five (5) days prior to Closing evidence satisfactory to BUYER that SELLER has complied with any corporate, trust, general partnership or limited partnership requirements necessary to authorize the sale and conveyance of the Premises in accordance with the provisions of this Agreement. 12. REPRESENTATIONS AND WARRANTIES OF SELLER a. As a material inducement to BUYER entering into this Agreement, SELLER represents and warrants to and covenants with BUYER that the following matters are true as of the Effective Date and that they will also be true as of Closing: i. The description information concerning the Premises set forth in Paragraph 1 hereof is accurate. ii. SELLER is the legal fee simple titleholder of the Premises and has good and marketable title to the Premises free and clear of all liens, encumbrances, mortgages and security interests, except those which shall be discharged prior to Closing. There shall be no change in the ownership, operation or control of any party constituting SELLER from the Effective Date hereof to Closing. iii. SELLER is not in default, nor do any circumstances exist which would give rise to a default, (or violation of any Governmental Approval, as hereinabove defined in subparagraph 6.b.) under any of the documents, recorded or unrecorded, referred to in the Title Commitment, or in violation of any Governmental Approvals. iv. Except as disclosed herein, SELLER has not been advised of and is not aware of any defect in the condition of the Premises, or any portion theí80f, which has not been corrected or which will impair the operation of the Premises. v. SELLER, the Premises and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. vi. There is no pending, or, to SELLER's knowledge, threatened judicial, county or administrative proceedings affecting the Premises or in which SELLER is or will be a party by reason of SELLER's ownership of the Premises or any portion thereof, including, without limitation, proceedings for or involving condemnations, eminent domain or zoning violations, or personal injuries or property damage alleged to have occurred on the Premises or by reason of the condition or use of the Premises. No attachments, execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings are pending, or, to SELLER's best knowledge, threatened against SELLER (or any of the general or limited partners of SELLER if applicable). In the event ~ny proceeding of the character described in this subparagraph is initiated prior to Closing, SELLER shall promptly advise BUYER in writing. vii. The execution and delivery of this Agreement by the signatories hereto, and all the documents to be 4 delivered by SELLER to BUYER at ("'sing by the signatories thereto, on behalf ,-l SELLER, and the performance of this J,greement by ~ELLER hav~ bee\..l!uly authorized by SELLER and this ~ement is binding on SELLER enforceable against SELLER In accordance with its terms, conditions and provisions. No consent to such exe t~nd deliver¡ d rf ' . d f " . cu lon, . ~n. pe orma~c~ IS .requlre rom any person, beneflclar¡, partl!er, limited partner, shareholder, creditor, Investor, Judicial o.r,admlnlst:atlve bO?y, governmental authority or other party other than any such consent which already has been unconditionally given. Neither the execution of this Agreement nor the consummation of the transactions contemplated her~.by will violate any restriction, court order or agreement to which SELLER or the Premises is Subject. VIII. There are no facts material to the use and operation of the Premises which SELLER has not disclosed to BUYER, including but not limited to unrecorded instruments or conditions of the Premises which pertain to the use and operation of the Premises. ix. As to the environmental condition of the Premises: (1) 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. (2) 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. (3) 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 10 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. (4) 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 SELLE~. x. At all times prior to Closing, SELLER shall perform when due all of SELLER's obligations in accordance with applicable laws, ordinances, rules and regulations affecting the Premises. xi. All action required pursuant to this Agreement which is necessar¡ to effectuate the transaction contemplated herein will be taken promptly and in good faith by SELLER. xii. SELLER shall promptly notify BUYER of any material change in any condition with respect to the Premises or of any event or circumstance which makes any representation or warranty of SELLER to BUYER under this Agreement untrue or misleading, or any covenant of SELLER under this Agreement incapable or less likely of being performed, it being understood that the SELLER's obligation to provide notice to BUYER under this subparagraph shall in no way relieve SELLER of any liability for a breach by SELLER of any of its representations, warranties or covenants under this Agreement. xiii. SELLER has made no other outstanding agreement for purchase and sale applicable to the Premises other than this Agreement. xiv. All items delivered or to be delivered by SELLER pursuant to this Agreement, are and will be true, correct and complete in all material respects and fairly represent the information set forth therein; no such items omit to state information necessar¡ to make the information contained therein or herein true and correct. xv. SELLER warrants that there is legal access, ingress and egress to and from the Premises to and from a public road. xvi. 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. SELLER shall pay all real estate commissions, fees and other consideration due brokers in connection with the transaction contemplated by this Agreement. xvii. SELLER represents and warrants that there are no parties other than SELLER in occupancy or possession of any part of the Premises and no person or entity has any right to lease all or any portion of the Premises. At Closing, SELLER shall deliver occupancy of the Premises to BUYER, free and clear of all parties in possession. xviii. 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, incfuding 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. b. The representations and warranties made in this Agreement by SELLER shall be continuing and shall be deemed remade by SELLER as of Closing with the same force and effect as if in fact made at that time. SELLER shall be liable to BUYER before and after Closing for any loss, damage, liability or cost (including but not limited to reasonable attorneys fees and costs) that BUYER incurs directly, indirectly or proximately as a result of any warranty or 5 .. . repre~efltatlo~ made by SELLER in .tl-;" Agreement not being true and correct as "f the Effective Date and Closing Date. NotwJthstand.ln~ ~nythlng to the co~ herein, the effect of the representationVd warranties made in this Agreement shall not be diminished or deemed to be waived by any inspections, tests or investigations made by BUYER or its agents 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 BUYER 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 BUYER. Intangible personal property taxes, if any, as well as any cost of recording corrective instruments, 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's sole remedy shall be the right to seek damages, whereupon BUYER shall have no further obligations to SELLER under this Agreement. 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 thëtt from the Effective Date through the Closing Date, all officers, employees and accredited agents of the BUYER shaH have at all proper times the unrestricted rigllt 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. 17. RISK OF LOSS AND CONDITION OF REA(.. 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 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. SPECIAL CLAUSES 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. 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: TO BUYER: Director of Real Estate Division South Florida Water Management District (MAILING ADDRESS:) P.O.Box 24680 West Palm Beach, Florida 33416-4680 (OFFICE LOCA TION:) 3301 Gun Club Road West Palm Beach, Florida 33406 Fax (561) 681-6233 6 '-' .".,j TO SELLER: Donna Fleming, Personal Representative of Estate of William J. Fleming and Elsie D. Bickford, Trustee do J~mes H. Ryan, Esquire Gary, DytrJçh & Ryan, P.A. 701 U.S. Highway One, Suite 402 North Palm Beach, FL 33408 Fax: 561 844-2388 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 delÎvery 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. Headinas. The headings contained in this Agreement are for convenier:ce of ieference only, and are not to be considered a part hereof and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. c. Severabilitv. If any provision of this Agreement or any other Agreement entered into pursuant hereto is contrary to, prohiqited 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 possJble. 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. d. Third Parties. Unless expressly stated herein to the contrary, nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of thiS Agreement on any persons other than the parties hereto and their respective legal representatives, successors and permitted assigns. Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right of subrogation or action over or against any party to this Agreement. e. Jurisdiction and Venue. The parties acknowledge that a substantial portion of negotiations and anticipated performance and execution of this Agreement occurred or shall occur in Palm Beach County, Florida, and that, therefore, each of the parties irrevocably and unconditionally (1) agrees that any suit, action or legal proceeding arising out of or relaJing to this Agreement may be brought in the courts of record of the State of Florida in Palm Beach County or the court of the United States, Southern District of Florida; (2) consents to the jurisdiction of each such court in any suit, actLon or proceeding; (3) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts; and (4) agrees that service of any court paper may be effected on such party by mail, as provided in this Agreement, or in such other manner as may be provided under applicable laws or court rules in said state. f. Counterp.arts. This Agreement may be executed in one or more counterparts, each of which shall b~ 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. g. Governina Law. This Agreement and all transactions contemplated by this Agreement shall be governed by, construed, and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. h. Interoretation. This Agreement shall be interpreted without règard to any presumption or other rule requiring interpretation against the party causing this Agreement or any part thereof to be drafted. i. Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by the BUYER and the SELLER shall control all printed provisions in conflict therewith. ___. j. Successors in Interest. This Agreement shall be legally binding upon the parties hereto and their heirs, le~' representatives, successors and assigns. This Agreement may not be assigned by SELLER without BUYER's pnor written consent. k. Waiver. Faifure of BUYER to insist upon s~rict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future enforcement of 7 any such covenant, condition or rigL-Jut the same shall remain in full force anc' 'ect. I. Time. Time is of the essmrée with regard to every term, condition a~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. m. Entire Aareement. 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. n. Waiver of JUry Trial. As inducement to BUYER agreeing to enter into this Agreement, BUYER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. '~"""'~""~:",.... .. ..~ .' ~ ~ f" II:'>~.:'" ~. .. ~.' . ',..,:.''!)) £"'.,;~., ":~"'~'\; "... . ...,~.-...-' .;.:; .:.¡. :. :1.. I¡'-' ,'-." . .. AttEST::' . ,.: ~ ~I~;:: ...~~.~ -:-::1;J '......; ....-.. .. . '.> .- ---~-·i-··'·_ 'Assi~tant'secret~rY '.~..,:;" i ¡, ~ ~ \_\"~'~~ ..'-~.~..._ BUYER: Executed by the BUYER on yV1~ 1t ";)-0 <:> Form Approved By: ~ Water Management District Counsel 1.1·.).. '71 Date J¿~~¿r- ~~,c~~ Ct:b~ I Ii g I z..æx; sentative of the Estate of William J. é~Æ Elsie D. Bickford, as dated August 4, 1980 ~ of the Elsie D. Bickford Revocable Trust Executed by the SELLER on '(J-f~ / 8 . 't &. '-' ""'" EXHIBIT "B" TO AGREEMENT FOR SALE AND PURCHASE BETWEEN THE SOUTH FLORIDA WA TER MANAGEMENT DISTRICT AND DONNA FLEMING. Personal Representative of ESTATE OF WlLUAM J. FLEMING (as to an undIvided 50% Interest) and ELSIE D. BICKFORD. tiS Trustee of the Elsie D. Bickford Revocable Trust dated Auaust 4. 1980 . APPROVED EXCEPTIONS See Commonwealth Commitment for Title Insurance Commitment Number 864-640734 All recording information refers to the Public Records of St. Lucie County, Florida unless otherwise specifically noted. ~.,...... , . F:RO¡. Tt-E PER.... EARTh ,...-,:,,'1 ~ PHJNE NO. 131045-;'6551 Feb. 18 2000 l1:æAM P2/3 '-" 'WI PROJEC ~ ·:;~;u "::~r l..¡¡.;¡~ SI\Jew.y/QUNnl II/and PI"" I T1'1C't No., FV tQ1}.015 & 10G-1118 ~ ~ 8iNE~IQAl fNTEREST AHD ~CLOSUAE AF¡r]OAVlT &'t~TE OF fl:.l \-t~( ~ ~UNTY Of ~.:; les ~ . -.II, ða!ofe m~ tl':a Ur.OO'9ignad IlJtl'lOnty, ge:'SCl'ally aœeartd. Ocn:'\a M. F~ml:'l!1. rAftla'1t"} 11'1;5 ~- 0&;' of ....!":gb'ÍU()o...~, 20c0, Wtlo, Tirs1 beIng ~Uly ~r~. U raQulntd by law. subjecT 10 !he p~"8I1ies øreSCfloed lor p8f u"y, cØþoSoea a~ says.: I 1) A:Hant has read 1N cor:'..nt¡: of this Alfidavil. "&$ .dual I<nowiøo¡¡ø of the façjs cor':ta¡~d herein. tln::i 5Ìatt~ that the facts OOf1tþjl1sd ~(1)1n are tru.. correct and COI"I'IÞlat6. 2) Thðt Doona Fleming. Person.&! ~pr...nta(lv. 01 E$iBte oj! wm.m J. F/em n~ (iiS 10 an urdi...k;(K/ 50<!'.. in'9'.S;) an:1 EliõIe O. !/dc1crci. u Trualee ci t"6 Elcse D. SIeJdord RevocaQIQ 't't\Jat dined A.uglJ8t 4, 1 ;ao ~ho.. -dât.&S !s clo ¡arry T. tOITeS, P. O. 90It 38013. Vel'O aeeen, FL 32~'3606 Are !t\ø fGCoro ownc;rs 01 the ra41 ¡¡ropett» rr!i:)tð pa..·Jcu¡any de$Cnbed iT1 Exnlblt 'A" attached l'Iereto and made if part herecf (1'Ierei:1,at1.ðr callQd the ·Premiaes". Ai reqliired by s.act·on 2eð.~. Florida Statutes. ¡the Icl~owil"!g is a. :81 :>1 every "person" (as da:ined in SøctIGf1 1.01(3), Flor!da StalUiS) holdIng 5~. or . more Qf rne b60eticlal intsres/ jrilhe åi$ClOlina enlfty: (Ir mOle apace is lie6ded. anact1 aspaf3Ì& S!'1Set) 6~'ó 6~'~ 6% '0 " Q /u 6%) 6'!-'Q 6% 6~' '0 9()·' /v 5~'1J Int~T¢st ~d Ad.d.!~~ ] -" . .) ~/(, i Donna 1\1 Fleming. P.O. Box 728, Malibu, CA 90265 8,·/ .0 Don:>th:-· R. Fleming {Dcccasl:d), do Donna F]¡.:mjng, ' P O. Box 728; MaJibu. CA 90265 15% Laurie Fleming. 50 '\~;hipple Rooo, South Hero. VT 05486 , lam~ R. Ficming, P.O. Box 91037, San DiC£o, CA 92169 \Villiam J. Fleming III, 4837 Santa Cru2, Ape A.. San Diègo, CA 92J07 Amy Fleming n/k/a Amy Marr...on, .5-372 East Him:sdak c.ourt, littletOn.. CO 80122 SUS¡¡; Fkming nlk/a Susie Penl;lergraft, do James Fleming. P.O. Box 91037. San Diego, CA 92169 Dcvon Cain, 50 'W1ûppJe Road, Sou--...h H~ro, VT 0548ó Erin Cain. 50 Wè.ipple Road. South Hero, VT 0:5486 Gayle :\1cDonald. 37 Stockbridge. COhasset, :\1...\ 02025 Mich;\d ~fcDooald (Dec~,"d), c!o At:t.omc:y }:omIarl A. Fleisher, Esq., 701 Brick;;!] A".;nu.~, Suito 1900, Miami, FL 33131 Phy!i3$ Heály, 27732 Higucra, M15SioD Viejo, CA 9:2691 Su~nç Turner, 1].52 W. Col!cge AveT)u~, Jacksonvi!h::, lL 62650 . . I F~ur" : TJ-E F::EFL EARTH -, \.J~ \. ~ . (,)~ 1,;: :.:;';" I.,., .... 1.........n.'....""~HJ"IE NO. . . ....-..~ ./¡,........, ï1'~o.,Jv.wU '-' 13104576551 r""X: F :=b. 18 2088 11: 0'3Ar1 p'." ¡...t;61:. ~- ~ 'wi 'rh/s a1flda"it Ie .¡'ten In OOf'l"p¡¡~ \ldlh Ill. prcvWcns 01 Section. 26$,23, t:IoMda StiltutêS. FUFHhER AfFIANT So4 YETH NOT. yo. SWORN TO a:1d ¡ybscrlbed bmrt me tl'l/g . OIY ot ì="" ~ \{'U ~V 2000, by ~~~ H..E1\"ì~ Such P8l'11Oni.¡. (Nola'Y "~bI¡c M eIMdt 8çØic8Þ1e box); , . ! (NOTAAY PUBI..¡C S5AW Ci.)MM. # 1129696 HtrTARY P\,'SlIC-cAl.1FOflNIA ª LOS M (JaES COUNTY Mr Cð~. ~. Mat. 12. 2001 I ( ¡ illal. personally .Q\IA1 to me. ~fCduced. currenl ciiWoI /Qr¡ee(e). ( prQducQd sa Id."t/ßcat Qn. Nctirr' Public CJJ..~ð h.. ŒA\J~ (~rtnt, ,.y~ Of ~tam ) NAln. af NOH~ry PUOIIc) ~ . , . '-' Exhibit" A" Tract No. FV-lOO-015 ...., All that part of Government Lot 2, LESS the North 1040 feet and Government Lot 3, LESS the South 1300 feet and the Northwest quarter of the Southwest quarter LESS the North 1040 fw. in Section 14, Township 34 South, Range 40 East, lying West of State Road A1A.and.the Northeast quarter of the Southeast quarter, LESS the North 1040 feet and LÈSS that part which lies within the West 14.65 acres of the Northeast quarter of the Southeast guårter in Section 15, Township 34 South, Range 40 East, all lying in St. Lucie County, Florida. Tract No. FV-IOQ-016 . That part of Government Lot 3, LESS the North 1040 feet in Section 15, Township 34 South, Range 40 East, St. Lucie County, Florida. Tract No. FV-IOO-OI4 is not part of this legal description and therefore not to be conveyed by Sellers to Buyer in this transaction. Indian River Lagoon\William 1. Fleming and Elsie D. Bickford, Trustees ORB 368, Pg 750 ORB 873, Pg 2319 H:\data\indian river lagoon\I00..Q1S and l00-016.1gl October 11, 1999 -_._.~- j :':~JlI ~1"" ".-..r:,.' ,-C::'''''ï:)I~T'O!\' (7. .- .-'-'...... \!. .'. j .~::.<~: \~ MA/Th OAA L1 . ;,o:ï::: l~/I I,jcp¡ - --...---.. I .~ -~ I , ¡ I J . , .. '-' ...., ..____ . ...~. _·__...._d.·..... ... . 1 ~ LANoe pqOJECT: Indlu ql_ Lag. ~IUOWI'f~"llftd P!IOM I Tract Not. FV 1~i5 .1QOo016 I BENEFICiAl INTEAESf AND DISCLOSURE AFFlDAV1T SiATIOF Fjr/c/~ J COUNTY OF __fmßé¡:_ , ,....¡ A Before me, tM Unders~g luthc~, personally appeared, Elslø O. Bickford, (MAnlant") tnls ~ day of ~.. 2000. who, II' being duly sworn, as required by law, &ub ÐCt to the penalties prMCribed for pe~ury I oses and says. 1) AffIant has read the contents of this Affidavit, I'Iaa actual knowledge of the facta cQntalnéd herein. and statea t the facls contained herein are true. corTeCt and complete. 2) That canna unçlivided.50% intemt) and August 4, 1980 wt'Io8e addr t"" record owners of the r madè I par\ hereol (heI'elnaf tt'1o fOllowing 1$ a list of eve more of the beneftcleJ Int8l'85 mlng, Per901'I1!I Répteeentalive of Ettate 01 Wlllam J. Fleming (as to an '8 D. Bi(ktord, as Trustee of the Elsie C. eickiord Revocable Trust dated is clo Tem T. TOtf8I, P. O. Sox 3808, Vero Beach, FL 32964--3808, are property-more partcuJarly deecrlbed In Exhibit "A" attached /'Iereto and called the ·Preml.."). A8 requIred by Section 286.23, Florida Statutes, 'parsen' (as deClntd in Section 1.01 (3), Florida Stat_) holdiM9 5% or n the disctcsi"9 entity: (It more space is needed, attach !Separate sheet) ~ Elsie O. Bick10rd Add~' !!l1tW1 100% of Elsie D. Bickford Aevocablê Trust dated 8/4180 " I ,; , d I; 'J~: . '! II 1 jT,~ ~ [] : :~ i~' IJ C'~ '¿ ~ ; .. - - - , - , . . . ¥ 'WI This attidavìt is given In C( mplianee with tt'le provisions of SeçdOM 286.23, Florida Statutes. FURTHER AFFIANT SAYETH NOT. AFFIANT ~jJ.~".,L By:Elsie V. ß Ick rct SWOR~ t.O ¥,Ii. subscttb~ before me this ..1!!:.. day of . .<)" L1~"AU I 2000. by ¡;:/ $ ¡ ~ )J./., (c Ie +;,rd.... Such person(s) .. Notary Public must chéck a~-r- per10MUy knewn to me. [] reduced & current driver 1ic8nse(s). [ rproduced III Identification. (NOT ARV PUBLIC SEAl..) .~ No Pub'l , :Tudt~J~ (Prtnt, Type r Sta Name of Notary Public) l~'t' JtJOy A. SPfAAMAH ª'~~:~ MY C!MII981QH , CC 701017 ~~ ~ EXPIRES: AØ!1120 2002 . "~,,!.,.' 8mIN Thru MuIIry _'.........~ , ~_~Iœ~ 1 .. ZlZ 'd 0" G 8 Q 'I) \1 ..,¡I,j L ndL 0: Z o 0 0 Z 'L '1 ~ ~ .. , . '-' Exhibit" A" Tract No. FV-1QO-015 . .~ ..." All that part of Government Lot 2, LESS the North 1040 feet and Government Lot 3, LESS L'.e South 1300 feet and the Northwest quarter of the Southwest quarter LESS the North 1040 f\:£1 in Section 14, Township 34 South, Range 40 E:1st, lying West of State Road AIA..ana,!he Northeast quarter of the Southeast quarter, LESS the North 1040 feet and LÈSS that part which lies within the West 14.65 acres of the Northeast quarter of the Southeast quarter in Section 15, Township 34 South, Range 40 East, all lying in St. Lucie County, Florida. Tract No. FV-1QO-016 That part of Government Lot 3, LESS the North 1040 feet in Section 15, Township 34 South, Range 40 East, St. Lucie County, Florida. Tract No. FV-\OO-O\4 is not part of this legal description and therefore not to be conveyed by Sellers to Buyer in this transaction. Indian River Lagoon\William J. F\eming and Elsie D. Bickford, Trustees ORB 368, Pg 750 ORB 873, Pg ?319 H:\d.ata\indian river lagoon\ 1 00-0 15 and 100-016.lgl October 11, 1999 --~.~ -""1 I , j :-:- ~ /I I I"' r'"'"' '""' ~ ..._.. r".;_ , ,-...... ,-,luT'O" ~ _.___.~. d. .'." ...... ...... . . ._,." ",',' _ );(M>. QÆd '.'.:: to I \f:5:1 - .......... -----~ -...',. , 't -...... AGENDA REQUEST 'WI ITEM NO. C-6-A DATE: April 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Bid #00-031 Waste Collection at County Facilities - Recycling Component - award BACKGROUND: See attached memorandum from the Interim Recycling Coordinator. The total impact to the County budget could be between $2,000 and $3,000 per year. This cost will be offset by the reduction in the cost of waste collection. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of the Waste Collection at County Facilities - Recycling Component to Choice Sanitation in the amount of $5.00 per month per 90 Gal can for office paper and no charge for cardboard and authorize the chairman to sign the amendment to t Choice Sanitation collection contract as prepared by the County Attorney. f] APPROVED [] DENIED [ ] OTHER: Mgt. & Budget: Purchasing Mgr.:(X) cB County Attorney:(X) Jk/ Coordination/Siqnatures Originating Dept: Finance: (Check for Copy only, if Applicable) )é Other: Other: Eft. 1/97 H:\WP\AGENDAS\BIDS\2000-031 recycling award.wpd .- ." '-" ""-' MEMORANDUM Utilities Department Office of Recycling TO: Charles Bicht, Purchasing Director FROM: Herb Burgart, Interim Recycling Coordinator j/ß _ DATE: March 31, 2000 RE: Recycling At County Facilities I have reviewed the Recycling Plan in the bid for Garbage Collection and Recycling at County Facilities. We will benefit economically and meet our environmental responsibilities by adopting this plan. It is imperative that everyone participate in the recycling program so that we may realize these benefits. The costs that are present to recycle some of the materials will be made up when we adjust the level of waste disposal service. It is less expensive to have materials hauled away and recycled than to pay to have them taken away as solid waste. At the very least we should break even on the recycling costs. If participation is high we will save money on waste disposal costs. Our recycling program will meet our responsibilities to the community by extending the life of the landfill and by doing our part to conserve natural resources. In doing so we will be setting a good example for everyone to follow. The Recycling Office is prepared to evaluate the waste stream at each facility and then make recommendations and adjustments. As we discussed at our meeting we should start the collection service at the present level and then begin installing improvements. Education and evaluation will be.on-going at each site until the process is efficient. It will take time to get the program running effectively but eventually it will become routine. Again, employee participation is the key to a recycling program's success. Thank you for your time and consideration. Cc: Bill BJazak, Utilities and Recycling Director , ¡ /, - ~. ~'l .-~: -.....L~-'~ - \ (" -~~ j -.'-.. ..; - , , 1 ,,", '''-''1 (':J.~ õl:¿i,1d 1,:.,ÒJ;1U· -- . Printed on Recycled Paper and is Recyclable ,- ";, .~..,>=-~'--' "-7') ~- J' ..,:~-' ~~~ --- ----,..-- i ,. z <C ...I D- C) Z - ...I o >- o w 0::: C W I- en W C) C) .:J en (/) 1ft >- I- Z :J o o z ..-.. 0 m¡: "'-'" <I: ....0 z9 w:c ::EO :r:~ (J~ <eLL ~~ <e~ z <I: w m ..J ..J ~ W a:: w :c l- LL - W ~ ° is z - w tJ) <I: w ..J c.. ¡ .' #f 1 i LL I , I 0 ! 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I- ~ I-W I-Z Z I- U W c..:> ...J ~ Z I- ...J 0 0 c::: w zz :::::>:::::> C::...J e:: U c:> > £D 00 « I- W W c::: W ww 00 Ow 0 ...J 0 :::::> I- « ¡; W 00 0::: :I: :::::> w c..:>c:> mu :::æ:c- c- oo e:: u c- w :::æ: ....... :I: :I: c..:> W :I: ; '-' I AGENDA REQUEST 'wi ITEM NO. C-6-B DATE: April 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Bid waiver and sole source forthe purchase of video recording equipment for the first appearance system between the courthouse and Rock Road Jail. BACKGROUND: See attached. FUNDS AVAIL.: 316-1930-564000-1613 Capital Facilities Equipment Courthouse 316-1930-562000-1613 Capital Facilities Building Courthouse PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for a bid waiver and sole source purchase from VuGate for video recording equipment in the amount of $41, 604, authorize the chairman to sign the contract as prepared by the County Attorney and approve Equipment Request #00-213 and Budget Amendment #00-133. -------.-------.- COMMISSION ACTION: [xl APPROVED [] DENIED [ ] OTHER: /) nderson Administrator County Attomey:(X) ,.-.. ,,' ~~ ~u Originating Dept: Other: í2 Purchasing Mgr.:(X) (J1~ Other: Mgt & Budget(X) Finance: (Check for Copy only, if Applicable)_XX_ Eff. 1/97 H:\WP\AGENDAS\WAIVERS\VuGate waiver.wpd ~ """ ME M 0 RAN n'flM_ P¡~,I: :'3, "" -...,.- ~ '. . 4 _; --J '. . '.:': - - . I CENTRAL SERVICES TO: Charlie Bicht, Manager, Purchasing FROM: Roger Shinn, Contracts Coord., Central Services DATE: March 31, 2000 SUBJECT: Sole Source - VuGate ------------------------------------------ ------------------------------------------ Attached you will rmd the quote from VuGate. This company was formerly Datapoint, which installed the previous video recording equipment for the Courthouse to Rock Road Jail. We would like to use the same equipment on this project. We are requesting you go before the Board to approve waiving the bid and award VuGate as sole source for the video recording equipment on the ~ Street Court Expansion project($24,402.) and the Courthouse and Rock Road Jail ($17,202.) and have the attorney prepare the contract for VuGate. C?~~' ROGER SIDNN RS:bk att. '-' ..., 1300 Southwest 1Z" Street Boca Raton, Florida 33486 February 17, 2000 Mr. Michael Durette Director, Central Services 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mike, This letter serves as notice that Datapoint Corporation's Video Division has been acquired through an employee led buyout and is now known as VU Gate (pronounced view gate). The employees who invented and installed the fIrst Court Arraignment and Video Visitation systems now in use in jails and courthouses 1Ì"om Florida to California have formed a new company to focus on the needs of the judicial and correctional markets. The only noticeable change is the Company name. The employees, office locations, product set, and services remain exactly the same. A key corporate goal ofVUGate is to expand on the history of helping the judicial and corrections industry smooth the problems associated with inmate movement. Mike, I look forward to my continued relationship with St. Lucie County, and if! can be of assistance, please don't hesitate to call. cc: Roger Schinn VUGm . Let us lxJ the gate through whIch all your vi3itors enter! vu~ 7tt",_..let Court Expansion Project ""Sf. Lucie County Courts "'" Proposed Court Link to 7th Street 1 Rollabout Workstation for Courthoue Cabinetry to be supplied by County Existing Codec from Downtown Courthouse to be moved to 7th Street location CAT 5 wiring installation pricing will be supplied under a separate proposal or supplied by County Video Equipment Infrastructure Requirements ~ Description 93-1908-001 MINX 8 Port Superhub Ll 94-0095-001 MINX Superhub Rack Assembly 4.5' Domestic SP 2113-1 Two Way Switch kit for VGA Monitor & Keyboard 93-1018-001 Monitor, VGA Color 15" 93-2075-001 MINX Video Network Adapter (VNA) SP 2150-1 UPS Back-up Bel/South to provide ISDN to 7th Street Location QI¥ 1 1 1 1 1 1 Infrastructure Subtotal Video Equipment Requirements For Courtroom 99-2006-704 NVS 320 XUTP with Keypad/Full Duplex 93-1017-001 19" NTSC Television Monitor 94-0343-001 27" NTSC Television Monitor 93-0363-002 Canon VC-C3 Camera, PTZ SP 2061 Low Profile Tabletop Microphone SP 2063 Four Way Mixer Courtroom Workstation Subtotal Total Equipment Cost Video Installation Expenses SP9999 Miscellaneous Installation Supplies (Power Strips, UTP en 2 P~mgt Project Management and Control Installation Initial on-site installation and introductory level user training Project Installation Expenses Subtotal First Year Video-Two Maintenance Service Court System Total Project Cost Price Each 9,995 1,195 115 350 1,295 328 2,170 375 475 1,395 300 480 125 Total Price 9,995 - 1,195 - 115 350 1,295 328 11Un 2,170 - 375 475 1,395 300 480 W15 $18,473 250 . 462- UZQ'" 4,082 11) ~.9z. /". I.J .c;>.,;;;v"', l.0'.::J c.") $1,847 $24,402 Notes: Prices shown are all F.O.B. San Antonio, Texas, and do not include applicable taxes, freight, installation, insurance, customs fees or any maintenance program charges unless noted. Prices are shown in United States dollars ($USD). Prices quoted are valid tor thirty days from date of proposal. Standard one year retum to factory warranty applies. VUGate Presents: '-' """" ~ Court Arraignment & First Appearance Addition St. Lucie County Courts 3/14/00 Proposed County Court Link Between Courthouse & Jail 1 Rollabout Workstation for Courthoue 1 Stationary Workstation at Rock Road Jail This addition will allow three simultaneous conferences between the Courthouse and Jail Cabinetry to be supplied by County Fiber Optic Lines and Modems to be supplied by BellSouth Coax or XUTP wiring installation pricing will be supplied under a separate proposal or supplied by County Video Equipment Infrastructure Requirements (Central Hub Rooms at Courthouse and Jail) M2dil Description ~ Price Each 94-0095-003 SuperHub Rack Cabinet Assembly, 19" EIA Industrial Rack, 6 ft. 1 1,495 45-0466-001 Cable Modification for Bellsouth Fiber Modems 2 180 94-2033-001 Dual Cluster Video Adapter (each connects 1 fiber modem at Courthouse) 1 2,000 BellSouth to provide fiber optic link & modems between Courthouse & Jail Infrastructure Subtotal Video Equipment Requirements For Courtroom 99·2006-701 NVS 320 Coax with Keypad/Full Duplex 93-1017-001 19" NTSC Television Monitor 94-0343-001 27" NTSC Television Monitor 93-0363-002 Canon VC-C3 Camera, PTZ Audio will be intetrated into the current audio system 2,170 375 475 1,395 Courtroom Workstation Subtotal Video Equipment Requirements For Rock Road Jail 99-2006-701 NVS 320 Coax with KeypadlFull Duplex 93-1017-001 19" NTSC Television Monitor 93-0363-002 Canon VC-C3 Camera, PTZ SP 2063 Four Way Mixer (Shure) . SPXXX Directional Microphone Bel/South to provide fiber optic link & modems between Courthouse & Jail Cabling from Equipment Room to Arraignment Room under separate proposal No Additional equipment needed in Central Hub Room County to provide podium for microphone 2,170 375 1,395 480 300 Rock Road Jail Workstation Subtotal Total Equipment Cost Video Installation Expenses SP9999 Miscellaneous Installation Supplies (Power Strips, UTP ends, AN Cables) 2 Prjmgt Project Management and Control Installation Initial on-site installation and introductory level user training Project Installation Expenses Subtotal 125 First Year Video-Two Maintenance Service Court System Total Project Cost Total Price 1,495 - 360 2,000 - ~ 2,170 ... 375 475 1,395 - ~ 2,170 - 375 1,395 - 480 300 1< 25& ¿J (5i.:,'-I;)O~'ì KZZQ $12,990 250 325 ' 2.aa.a - $2,913 $1 ,299 $17,202 Notes; Prices shown are all F.O.B. San Antonio, Texas, and do not include applicable taxes, freight, installation. insurance, customs fees or any maintenance program charges unless noted. Prices are shown in United States dollars ($USD). Prices quoted are valid for thirty days from date of proposal. Standard one year retum to factory warranty applies. Confidential Information For Named Recipient VUGate Presents: '-' , ""'" 3/14/00 vu~ Court Arraignment & First Appearance Addition St. Lucie County Courts Proposed Municipal Court System Implementation Payment Terms and Conditions 50% Payment is required upon submission and acceptance of official purchase order. 25% Payment is required upon notification that shipment is ready to ship. 25% Payment is required upon completion of installation. Order Terms and Conditions Prices quoted are valid for thirty days from date of bid shown above. Prices shown are all F.O.B. San Antonio, Texas. Prices shown do not include applicable taxes, freight, installation, insurance, customs fees or any maintenance program charges unless specifically noted. Standard one year retum to factory warranty applies, unless customer purchases on-site coverage. Factory warranty repairs may require up to thirty days for repair or replacement Customer retums under standard warranty program are freight paid by customer. Due to the custom nature of the product, all orders are accepted subject to 90 day lead time from receipt of order. On-Site Maintenance Program Operation (Video One Option) Requires trained on-site system administrator/receptionist to diagnose basic problem. Administrator contacts VUGate's Support Center at 1-800-334-9968, ext. 7245. VUGate service representatives will determine if there is a system failure or operator error. If there is a VUGate-supplied equipment failure, VUGate will ship a replacement part on an over night basis. If the equipment failure is of such a significant nature that, in VUGate's opinion, it requires VUGate personnel on-site, VUGate will dispatch a service rep to the site within a 24 hour "next business day" period. C'Business day" is Monday through Friday 8:00 a.m. to 5:00 p.m., excluding weekends and holidays.) Service calls outside normal hours are subject to VUGate's then-current time and material charges. Wiring Requirements All wiring for this bid requires the following: Coax or UTP data grade category 5 shall be used to connect each station back to the SuperHub location. Each run shall be direct with no splices or punch-down blocks in between termination ends. Each end shall terminate in approved electrical code boxes as specified by the architect and engineers. Each visitation station shall have an unterminated RJ-45 face plate for use by VUGate Video Engineers. Each cable run shall be in protective conduit or cable housing as dictated by local codes or the architect Each cable run shall be labeled on each end with a unique identifier. Cabling shall extend for a minimum of six feet (61 out of the termination box at each station end. Cabling shall extend for a minimum of twelve feet (121 out of the termination box at the central Hub end. One coax run of RG-62 coax shall extend from the receptionist/administrator station to the central Hub end. This coax link is in addition to a UTP link to the receptionist/administrator station. This coax link is subject to the same requirements stated above for the UTP wiring. Installation Requirements Designated Installers - Only VUGate Certified Video Engineers may perform the video system installation and testing. VUGate Video Engineers will test each wiring link for proper continuity and report any discrepancies for correction. VUGate Video Engineers will terminate and connect each wiring run. Electrical Requirements Minimum of one (1) duplex 120 voltAIC power outlet at each video station. SuperHub UPS requires 30 Amp electrical outlet with twist lock receptacle. Notes: Prices shown are all F.O.B. San Antonio, Texas, and do not include applicable taxes, freight, installation, insurance, customs fees or any maintenance program charges unless noted. Prices are shown in United States dollars ($USD). Prices quoted are valid for thirty days from date of bid shown above. Standard one year retum to factory warranty applies. Confidential Information For Named Recipient ~ wo Zo 00 _N UJcn UJO) -0)0 ::i....O ::io::ìõ Oe(N OW~ ~~O Ze(" ::JOW 0(1)1- O-e( LLC u.O::I- OOUJ CLLW a::1-::J c«(I)O OWW m::Ja:: >Oe( ...WC ZO::Z ::JI-W OZC) OWe( W::i _11. 0- ::J::;) ...0 .W I- UJ C/) ~ ë w c z w ::i ::i o o w ~ C/) ~ S; ffi C/) -I ~ ffi (j .:.: z w ::i t= c( 0. W C o <: C/) ~ ë w ~ 0. 0. c( ð ¡:: ~ C/) ~ o '0:( z o iñ :> i5 @ C/) S; ~ I- 5j ~ 9:: ::> CJ UJ o UJ o S; ~ ..... 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IDGET AMENDMENT REQUEST FOr ~ \wi '-..I REQUESTING DEPARTMENT: OMS/CENTRAL SERVICES PREPARED DATE: AGENDA DATE: 04/19/00 04/25/00 TO: 316-1930-564000-1613 Machinery & Equipment $33,170 Video Araignment System expansion FROM: 316-1930-562000-1613 Buildings $33,170 REASON FOR BUDGET AMENDMENT: To place approved project funds into the Machinery & Equipment capital account. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: $516,848 $0 $516,848 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: 00-133 DOCUMENT # & INPUT BY: G:\BUDGETIOUA TIROIGENERALIFORMSIAMENDMDO.wb3 04119/00 ... '-' AGENDA REQUEST .; ITEM NO. C-6-C DATE: April 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: CHARLES BICHT SUBMITTED BY(DEPT): PURCHASING SUBJECT: Permission to advertise bids for an annual sod. BACKGROUND: Due to high requirement for sod}he purchasing department requests permission to advertise for bids for sod. FUNDS AVAIL: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission the advertise bids for sod. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: County Attomey:(X) c~ V Coordination/Siqnatures Mgt. & Budget: Purchasing Mgr.:(X) Other: cD Originating Dept: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\WP\AGENDAS\OTHER\sod permission to adv.wpd ;; VRD OF COUNTY COMMISSIONJ ST. LUCIE COUNTY, FLORIDA CALL FOR BIDS Sealed bids will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, until AM local time on Wednesday, , 2000, for the following: BID#OO -0_ SOD Purchasing Department Bid documents may be obtained via the internet by contacting DemandStar.com or by using the County's website at http://www.stlucieco.gov. If you do not have internet access, you may obtain the documents by calling DemandStar.com at (407) 975-0023 and request document number#O 3 or contact the Office of the Purchasing Director at 2300 Virginia Avenue, Fort Pierce, Florida, 34982, (561) 462-1700. Bids may be either mailed or hand delivered to the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982. Any bids received after the above stated time will be returned to the bidder unopened. The Board of County Commissioners reserves the right to waive any informalities or minor irregularities; reject any and all bids/proposals which are incomplete, conditional, obscure, orwhich contain additions not allowed for; accept or reject any proposal in whole or in part with or without cause; and accept the proposal which best serves the County. For Bids, RFP's, Bid Results and other information visit the St. Lucie County Purchasing Web Site at http://www.stlucieco.~ov St. Lucie County is an Equal Opportunity/Àffirmative Action Emp"ioyer. Board of County Commissioners 51. Lucie County, Florida By: Charles Bicht, Purchasing Director PUBLISH: Friday, , 2000 BILL & PROOF: Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 I~ TRUCTIONS TO BIDG.¡RS 1. SUBMISSION OF BIDS: All bids shall be submitted in a sealed envelope. The BID NUMBER, TITLE, AND OPENING DATE AND TIME shall be clearly displayed on the sealed envelope. The delivery of said bid to the Purchasing Department prior to the specified opening date and time is solely and strictly the responsibility of the bidder. Any bid received in the Purchasing Department after the specified date and time will not be accepted. If the bid is to be delivered by Fed-X, UPS or other such carrier be sure to include the bid number on the Air Bill. The bid must be in a separate sealed envelope inside the carrier's envelope. If a carriers package is opened and the bid is not in a separate envelope it will be resealed and reopened at the designated date and time. 2. EXECUTION OF BID: Bid must include a manual signature of an authorized representative in the space provided. All bids must be completed in pen and ink or type written. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. 3. BID OPENING: Bid opening shall be public on the date and time specified. Bid must be submitted on forms provided by the County. No other forms will be accepted. Telephone, telegraph, and faxed bids will not be considered. No bid may be modified after opening. No bid may be withdrawn after opening for a period of sixty(60) days unless otherwise specified. 4. BID TABULATIONS: Any bidder wishing to receive a copy ofthe bid tabulations is required to enclose a stamped, self-addressed envelope with bid response. 5. NO BID: If not submitting a bid, respond by returning one copy of the form, marking it "NO-BID", and explain the reason. The failure to submit a BID or NO- BID to the Purchasing Office by the opening time and date shall be cause for removal of a vendor"s name from the bid mailing list for this category. Note: A bidder, to qualify as a "Bona Fide Bidder", must submit a "No Bid" and same must be received no later than the stated bid opening date and hour. 6. BID SECURITY: Bid Security may be in the form of cashiers check or bid bond in the amount of five percent of the base bid or bid on an annualized basis. Personal or company checks will not be accepted. If required under Section 41 the bid security must be submitted with the bid. 7. CLARIFICATION/CORRECTION OF BID ENTRY: The County of St. Lucie reserves the right to allow for the clarification of questionable entries and for the correction of typographical and mathematical errors. G:ICOMMONIBIDSlOriginalformsI1-SERVICES BIDS. wpd-rev. 11/98 2 8.IN~ERPRETA TIG.. ,Any .questions concerning conditioJnd specification shall be directed to the ~chaslng Department. All questions shall be in writing and received by the Purchasing Department at least 8 working days prior to the bid opening. Those interpretations which may affect the eventual outcome of this bid will be furnished, as written addendum, to all prospective bidders. No interpretation shall be considered binding unless provided in writing by St. Lucie County. 9. EEO STATEMENT: St. Lucie County believes in equal opportunity practices which conform to both the spirit and letter of all laws against discrimination and is committed to non-discrimination because of race, creed, color, sex, age, or national origin. 10. PRICING: Firm prices shall be bid and include FOB DESTINATION, all packing, handling, shipping charges and delivery to any point within the County of St. Lucie to a secure area of inside delivery. Pricing shall also include installation when required. The obligations of St. Lucie County under this award are subject to the availability of funds lawfully appropriated for the purpose by the State of Florida and/or the Board of County Commissioners. 11. ADDITIONAL TERMS & CONDITIONS: The County of St. Lucie reserves the right to reject bids containing any additional terms or conditions not specifically requested in the original conditions and specifications. 12. TAXES: The County of St. Lucie is exempt from all sales, use and like taxes. 13. DISCOUNTS: All discounts EXCEPT THOSE FOR PROMPT PAYMENT shall be considered in determining the lowest net cost for bid evaluation purposes. 14. MEETS SPECIFICATIONS: All equipment and accessories furnished under these specifications shall be new, the latest model in current production and shall be of good quality, workmanship and material. The bidder represents that all equipment offered under this specification shall meet or exceed the minimum requirements specified. Delivery specifications shall be strictly adhered to. 15. EQUIVALENTS: Any manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification are for information only and not to limit competition. Bid any brand which meets or exceeds the quality of specifications listed for any item. If the bid is based on equivalent products, indicate on the bid form the manufacturer's name and number and indicate any deviation from the specifications as listed. Include fully descriptive literature on item(s). Lacking any written indication of intent to quote an equivalent brand or model number, the bid will be considered as a quotation in complete compliance with the specifications as listed in the bid form. 16. SILENCE OF SPECIFICATIONS: The apparent silence of the specifications and any supplemental specifications as to any details or the omission from same of any detailed description concerning any point shall be regarded as meaning that G:\COMMON\BIDS\Originalforms\1-SERVICES BIDS.wpd-rev. 11/98 3 only the best comrTL.)ial practices are to prevail and t~ ..;:>nly materials of first quality and correct tY15é, size, and design are to be used. ~ workmanship is to be first quality. All interpretations of this specification shall be made upon the basis of this statement. 17. SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Request for the return of samples must be made within 30 days following opening of bids. Each individual sample must be labeled with bidder's name, bid number, and item number. Failure of bidder to either deliver required samples or to clearly identify samples as indicted may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the office of the Purchasing Manager. 18. DELIVERY: Unless actual date of delivery is specified (or if specified delivery can not be met), show number of days required to make delivery after receipt of purchase order in space provided. Delivery time may become a basis for makjng an award (see Special Conditions). Delivery shall be within the normal working hours of the user, Monday through Friday. 19. ASSIGNMENT: Any purchase order issued pursuant to this bid and the monies which may become due hereunder are not assignable except with the prior written approval of the Purchasing Manager. 20. LIABILITY: The bidder shall indemnify and hold harmless the County of St. Lucie its officers, agents and employees against any claims by third parties arising out of the acts or omissions of the supplier. 21. PATENTS AND ROYALTIES: The bidder, without exception, shall indemnify and save harmless the County of St. Lucie, its officers, agents and its employees from liability of any nature of kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the County of St. Lucie. If the bidder uses any design, device, or materials covered by letters, patent, copyright, it is mutually agreed and understood without exception that the bid price shall include all royalties or cost arising from the use of such design, device, or materials in any involved in the work. 22. TRAINING: Unless otherwise specified, bidder(s) may be required at the convenience ofthe County, to provide training to County employees in the operation and maintenance of any item(s) purchased from this bid. 23. ACCEPTANCE: Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. Those items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the vendor. Any violations of these stipulations may also result G:\COMMON\BIDSlOriginalforms\1-SERVICES BIDS.wpd-rev. 11/96 4 in that vendor name ~ng removed from the bidder list an(....)e vendor disqualified for doing business wlm the County of St. Lucie. 24. SAFETY WARRANTY: The selling dealer, distributor, supplier, and manufacturer shall be responsible for having complied with all Federal, State and local standards, regulations, and laws concerning the equipment specified and the use thereof, applicable and effective on the date of manufacture including safety and environmental standards as apply to both private industry and governmental agencies. 25. WARRANTY: The bidder agrees that, unless otherwise specified, the supplies and/or services furnished under this bid shall be covered by the most favorable commercial warranty the bidder gives to any customer for comparable quantities of such supplies and/or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the County of 8t. Lucie by any other provision of this bid. 26. INSPECTION, ACCEPTÂNCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title t%r risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. 27. PAYMENT: Payment will be made by the County after the items awarded to a vendor have been received and/or installed, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. 28. DISPUTES: In case of any doubt or difference of opinion as to the items furnished hereunder, the decision of the county shall be final and binding on both parties. 29. LEGAL REQUIREMENTS: Federal, State, County, and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 30. OPEN-END CONTRACT: No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open-end contract. Estimated quantities will be used for bid comparison purposes only. The Board of County Commissioners reserves the right to issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies and release partial quantities or, issue instructions for use of Direct Purchase Orders by various County agencies, or, any combination of the proceeding. 31. DEFINITIONS: COUNTY-The term COUNTY herein refers to the County of St. Lucie, Florida and its duly authorized representatives. G:\COMMONlBIDS\Originalforms\1-SERVICES BIDS.wpd·rev. 11/98 5 BIDD~R-!he term ~~)ER .used herein refe~s to the dealer.....J~n~fa.cturer/business organization submlttlTrg a bid to the County In response tOthlS Invitation. VENDOR-The term VENDOR used herein refers to any dealer/manufacturer/business organization that will be awarded a contract pursuant to the terms conditions and quotations of the bid. USING AGENCY-The term USING AGENCY used herein refers to any department, division, agency, commission, board, committee, authority or other unit in the County Government using supplies or procuring contractual services as provided for in the Purchasing Ordinance of the County of S1. Lucie. HEAVY DUTY-The item(s) to which the term HEAVY DUTY is applied shall exceed the usual quality and/or capacity supplied with standard production equipment and shall be able to withstand unusual strain, exposure, temperature, wear and use. DISTRICT-The term DISTRICT herein refers to the S1. Lucie Mosquito Control District and its duly authorized representatives. 32. CONFLICT OF INTEREST: The award hereunder is subject to provisions of State Statutes and County Ordinance. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of S1. Lucie County. Further all bidders must disclose the name of any County employee who owns directly or indirectly any interest in the bidder's firm or any of its branches. 33. NOTICE TO SELLER TO DELIVER: No delivery shall become due or be acceptable without a written order or shipping instruction by the County unless otherwise provided in the Contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required the Seller may be given telephone notice to be confirmed by an order in writing. 34. MODIFICATIONS: All changes to purchase orders shall be by issuance of a change order. Any modifications or changes to any contract entered into as a result of this bid must be by written amendment with the same formality and of equal dignity to the initiation of any such change. 35. OCCUPATIONAL LICENSE: No person shall engage in or manage any Business Profession or Occupation in 5t. Lucie County for which an occupation license tax is required unless a County License shall have been procured from the Tax Collector for S1. Lucie County. 36. ADDENDA TO THE BID: St. Lucie County reserves the right to amend this bid or request additional clarifying information from any or all bidders prior to determ ination of award. Any changes to this bid will be brought to the attention of all prospective bidders. G:ICOMMONIBIDS\OriginalformsI1-SERVICES 8IDS.wpd-rev. 11/98 6 37. PERMITS AND\...¿:ES: The Vendor shall procure é. " pay for all licenses, charges and fees an~give notices necessary and incidenl'm'to the due and lawful prosecution of the work. The cost of all permit and impact fees shall be pay by the County unless specifically item ¡zed elsewhere in these documents. 38. PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL AGENCIES: This bid may be expanded to include other governmental agencies. Each political entity will be responsible for execution of its own requirements with the awarded vendor. 39. AWARD AND CONTRACT: The successful bidder, will, within fifteen (15) calendar days after written notice of award, enter into a written contract with the Board of County Commissioners in accordance with the accepted bid. 40. PUBLIC ENTITY CRIMES: 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 the County, may not submit a bid on a contract to the County for the construction or repair of a public building or public work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact business with the County in excess of $10,000.00 for a period of 36 months from the date of being placed on the convicted vendor list. The County 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 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The County shall consider the employment by any contractor of unauthorized aliens a violation of Section 27 4A( 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 County. 41. BOND AND INSURANCE REQUIREMENTS: Bonds must be issued by a Bonding Company with a Best Insurance Guide's rating of "A" or better and must be licensed or authorized to do business in the State of Florida. Certificates of insurance, Public Construction Bonds and/or Maintenance Bonds must be received by the applicable County office prior to actual commencement of the project. All certificates of insurance shall list the county as "Additional Insured" and reference the specific project. Please note that were applicable the following bond and insurance requirements supersede those set forth in the sample contract. BONDS A Yes 0 No ~ 5% Bid Security B. Yes 0 No ~ 100% Maintenance Bond _ years G:\COMMONIBIDSlOriginalformsI1-SERVICES BIDS.wpd-rev. 11/98 7 C. Yes 0 N~i8I 100% Public Construction Bor...¡see bid form) INSURANCE A Yes [8 No 0 Worker's Compensation $1,000,000 by accident - each accident $1,000,000 by disease - each employee $1,000,000 by disease - policy limit B. Yes [8 No 0 Commercial General Liability $1,000,000 per occurrence $3,000,000 per job aggregate C. Yes [8 No 0 Commercial Auto Liability Combined Single Limit, Bodily Injury/Property Damage o $300,000 [8 $1,000,000 o $3,000,000 D. Yes 0 No [8 Builder's Risk (all risks for the total construction cost of the project) E. Yes 0 No [8 Professional Liability $1,000,000 aggregate F. Yes 0 No [8 Other 42.. The County of St. Lucie reserves the right to reject any or all bids, to waive informalities, and to accept all or any part of any bid as maydeemed to be in the best interest of the county. 43. YEAR 2000 WARRANTY: Vendor warrants that each hardware, software, firmware or information product delivered under this bid shall be able to accurately process and/or reflect date data (including, but not lim ited to, calculating, comparing and sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the product documentation provided by the vendor, provided that all listed or unlisted products (e.g. hardware, software, firmware) used in combination with such product properly exchange data with it. If the bid requires that specific products must perform as a system in accordance with the foregoing warranty, then that warranty shall apply to those products as a system. The duration of this warranty and the remedies available to the County for breach of this warranty shall be as defined in, and G:\COMMONlBJDS\Originalforms\1-SERVICES BIDS.wpd-rev. 11/98 8 subject to, the term\ )d limitations of the vendor's standc~commercial warranty or warranties contair'/!"d in this bid, provided that notwithstmiding any provision to the contrary in such commercial warranty or warranties' the remedies available to the County under this warranty shall include repair or replacement of any product whose non-compliance is discovered and made known to vendor in writing. Nothing in this warranty shall be construed to limit any rights or remedies the County may otherwise have under all other associated warranty's with respect to defects other than Year 2000 performance, nor be construed to confer upon the County any rights or remedies other than Year 2000 performance not granted by the other associated warranty's. G:ICOMMONIBIDS\OriginalformsI1-SERVICES BIDS.wpd-rev. 11198 9 '-" THIS CONTRACT, made this CONTRACT .....,¡ day of 19_, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "COUNTY", and or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WITNESSETH: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the Work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract. 2. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under this Contract is: 3. PROJECT MANAGER The Project Manager for the County is Project Manager for the Contractor is at (561) The at The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. 4. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of pages _ through _ inclusive. B. Contractor's Bid and Bid Bonds, consisting of pages. C. Bid Documents, consisting of: Invitation to Bid and Instructions to bidders. General Conditions, pages _ to _' inclusive. G:ICOMMONIBIDS\OriginalformsI1-SERVICES BIDS. wpd-rev. 11/98 -10- Special C'\.Jtions, pages _ to _' inclusive. ..,; Technical Provisions, Section(s) D. Drawings NO.1 through _, as listed on the attached Exhibit A E. Addenda No. _ to _, inclusive. F. Public Construction Bond, which shall be provided to the County by the Contractor, along with the return of an executed copy of this Contract. G. Insurance Certificates which shall be provided by the Contractor, along with the return of an executed copy of this Contract. H. Any Modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 5. PERFORMANCE GUARANTY That Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defect in workmanship or material appearing in the Work; and further guarantees the successful performance of the Work for the service intended. Neither inspection nor payment, including final payment, by the County shall relieve the Contractor from his or its obligations to do and complete the Work in accordance with this Contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective Work, an equitable deduction from the contract price shall be made therefore or in the alternative, if the expense incurred by the County to correct deficient or defective Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The liability of the Contractor and its surety or sureties for such payment is joint and several. 6. TIME OF PERFORMANCE/DELAYS AND EXTENSIONS OF TIME The Contractor shall begin work within calendar days after the signing, execution and delivery of written notice to proceed, and shall guarantee completion ofthe Contract on or before . calendar days from the date of notice to proceed. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. 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. In the event the construction schedule as set forth in the Contract documents is changed, the Contractor shall notify the County, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the County in writing. In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated 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 G:\COMMON\SIDS\Originalforms\1-SERVICES BIDS.wpd-rev. 11/98 -11- Contractor and his, or it' '"\urety shall be held responsible the..... jJre. The Contractor fully understands and agrees t~ the County shall not pay for any obli~on incurred or expenditure made by the Contractor priorto the effective date of the notice to proceed described above, unless the County authorizes such payment in writing. As the Contractor's only remedy for delay, the County may grant an extension of the contract time, when a controlling item of Work. is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the County. Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall be done by Change Order. 7. DELAY DAMAGES It is mutually agreed between the parties hereto that time is of the essence in the performance of this Contract. I n the event the construction of the Work is not completed within the time herein specified the County will suffer damages, the amount of which is difficult if not impossible to ascertain. It is agreed, therefore, that from the compensation otherwise to be paid to the Contractor, the County may retain the sum of per calendar day for each day thereafter, Sundays and holidays included, that the Work remains uncompleted. This sum shall represent the damages which the County will have sustained per calendar day from the inconvenience and expense caused to the County by the delay in the completion of the Work. This sum is not a penalty, being the liquidated damages the County will have sustained in event of such default by the Contractor. The County also reserves the right to recover actual damages for other harm which results from the delay. The Contractor shall be liable for liquidated damages even if the Contract is terminated by the County for cause or if the Contractor abandons the Work. The liability of the Contractor and its surety or sureties for liquidated or actual damages is joint and several. 8. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, the total estimated amount in current funds being: 9. PAYMENT SCHEDULE The County shall make payments on account of the Contract as follows: Once each month progress payments shall be made during the process of construction in amounts not to exceed ninety percent (90%) of the amount due on the Contract on the basis of Work completed as certified by the Contractor and approved by the County's Project Manager. Contractor shall submit a payment application to the County's Project Manager by the 25th day of each month. The application shall be for the dollar amount of the Work complete on the last day preceding the submission of the application. Payment to the Contractor shall be made within 20 business days of the County's receipt of the application or if appropriate, within 20 business G:ICOMMONIBIDSlOriginalformsI1-SERVICES BIDS.wpd-rev. 11/98 -12- day~ of .the .appro~al of thl ~pplication by the County's consultinQ.. igineer or architect and the applicatIon IS received by tJIIIe" County. The County may reject the a~cation in writing which shall specify the deficiency and the action necessary to correct the deficiency. Payment shall be due 10 days after the County's receipt of a corrected application. All applications for payment submitted by the Contractor shall reference the County's Contract number. Upon completion of the Contract 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 20 business days after the County's Project Manager issues the final certificate. The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218. 70, upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 10. SUBCONTRACTORS I n the event Contractor requires the services of any subcontractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such subcontractor or professional associate. 11. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until. an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 12. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. 13. GUARANTEE The Contractor 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 after the day of the certificate for final performance of the work for the service intended. Contractor further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment by the County shall relieve the Contractor G:\COMMON\BIDSlOriginalforms\1-SERVICES BIDS.wpd-rev. 11198 -13- from his or its obligations' do and complete the work in accord' -:e with this contract If the County deems it inexpedi~ to require the Contractor to correct ~ient 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. This guarantee is in addition to any other warranty available to the County for the Work including but not limited to manufacturers warranties. 14. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, or because of the nature of the ground in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. The Contractor shall protect the entire Work, all materials under the Contract and the County's property (including machinery and equipment) in, or on, or adjacent to the site of the Work until final completion and Work, from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property (including without limitation) in the term persons, members of the public, the County and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said Work is being performed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities and building codes. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 15. INDEMNITY G:\COMMON\BIDS\Originalforms\1-SERVICES BIDS.wpd-rev. 11/98 -14- Contractor agrees.' "'Jay of behalf of, protect, defend, reim' ·se, indemnify and hold the County, its agents, emplo~s, elected officers and representatives'Mfd each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. In conformance with Section 725.06 Florida Statutes, the specific consideration given for the promises of the Contractor set forth with regard to this indemnification and hold harmless clause is $10.00 in hand paid by the County to the Contractor as a portion of the contract price, receipt thereof is hereby acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the County under the requirement of Section 725.06 Florida Statutes. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Agreement for a period of ten (10) years after the date of the acceptance of the Work by the COUNTY. 16. INSPECTION The project will be inspected by the Project Manager and will be rejected if it is not in conformity with the Contract provisions. Rejected Work will be immediately corrected by the Contractor. When the Work is substantially completed, the Contractor shall notify the County in writing that the Work shall be ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 17. PUBLIC CONSTRUCTION BOND The Contractor shall, upon execution and return of this Contract to the County, furnish to the County a public construction bond using the attached form or incorporating all of the terms and conditions set forth therein and covering the faithful performance of this Contract and the payment of all obligations arising hereunder in the amount of one hundred percent (100%) of the Contract amount. The liability of the Contractor and its surety or sureties for the faithful performance of this Contract and the payment of all obligations arising hereunder is joint and several. The Contractor shall record the public construction bond in the Official Records for St. Lucie County and provide the County with a copy of the recorded bond. G:\COMMONlBIDSlOriginalforms\1-SERVICES BIDS. wpd-rev. 11/98 -15- The public constn ':on bond required hereunder shall 'et the following minimum standards: '-" .....J A. The surety issuing the bond must be licensed to do business in the State of Florida, hold a certificate of authorization to write surety bonds in the State, hold a currently valid certificate of authority issued by the United States Department of the Treasury, and otherwise be in compliance with the provisions of the Florida Insurance Code. B. The attorney-in-fact must provide a certified copy of his or her power of attorney to sign the bond. C. The name, address and telephone number of the surety and its agent must be listed on the bond. D. For contracts up to $499,999.99 the surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the bid is issued for the Work, otherwise the surety shall have the following minimum ratings: Contract Amount Best Key Rating $500,000 to $2,499,999.99 Class XII A or better Over $2,500,000 Class XIV or better 18. INSURANCE The Contractor shall procure and maintain during the life of this Contract insurance of the types and subject to the limits set forth below. The Contractor shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If sub-contractors are used by the contractor, it shall be the responsibility of the contractor to ensure that all its sub-contractors comply with all the insurance requirements contained herein relating to such sub-contractors. All insurance companies providing insurance under this Contract shall be licensed and authorized to do business in the State of Florida. These companies shall have a general policy holders rating of A or better and a financial rating of X or better according to the latest edition of Best's Key Rating Guide, published by A.M. Best Company. Any deductibles or self insured retention must be declared to and approved by the County. At the option of the County, either the insurer shall reduce or eliminate such deductibles or self insured retention with respect to the County, its elected and appointed officials, employees, volunteers and agents, or the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WORKERS' COMPENSATION The Contractor shall provide and maintain during the life of this Contract, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $100,000.00 per occurrence. G:\COMMON\BIDSlOriginalforms\1-SERVICES BIDS.wpd-rev. 11/98 -16- B. COMMER\....,-L GENERAL LIABILITY """ The Contractor shall provide and maintain during the life of this Contract, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $ per occurrence, for claims of bodily injury including death, property damage and personal injury. The coverages of Owners and Contractors Protective, Contractual Liability and the coverage of XCU shall be included. The Contractual Liability coverage shall be specifically endorsed to include indemnity and hold harmless requirements set forth herein. C. COMMERCIAL AUTO LIABILITY The Contractor shall provide and maintain during the life of the contract, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $100,000.00 combined single limit. D. BUILDERS' RISK The Contractor shall provide and maintain during the life of this Contract, at his, its or their own expense, Builders' Risk completed value form written on an "All Risk" basis for the equivalent value of the completed Work. The policy shall be written in the name of both the Contractor and the County. This insurance shall be kept in force until the Contractor has received final acceptance from the County. The policy shall also include a provision that the premises may be occupied and used by the County. E. ADDITIONAL NAMED INSURED If the Contract payment amount exceeds $50,000.00 as set forth in paragraph 8. of this Contract, the General Liability, Auto Liability and Builders risk policies shall contain or be endorsed to state that the County, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional named insureds for any and all liability arising out of the Contractor's performance of this Contract, or out of automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on scope of protection offered to the County, its Officers, Officials, Employee, Agents and Volunteers. F. OTHER INSURANCE PROVISIONS 1. The Contractor's insurance coverage shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers. Any insurance or self-insurance maintained by the County, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. 2. Any failure to comply with the reporting provisions of the policy shall not effect coverage provided to the County, its Officers, Officials, Employees, Agents, or Volunteers. 3. The Contractors insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. G:\COMMON\8IDSlOriginalforms\1-SERVICES BIDS.wpd-rev. 11/98 -17- 19. DEFAULT; TERMUTION A. FOR CAUSE 'wII If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material to meet the project schedule or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date. The County may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by Contractor to complete the Work. If the expense incurred by the County to finish the Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the Contractor and its surety or sureties for such damages and costs is joint and several. The obligations of the Contractor and his surety with respect to the warranty and maintenance bond shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. If the County makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, orwrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The Contractor agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination. B. WITHOUT CAUSE G:\COMMON\BID5\Originalforms\1-SERVICES BIDS.wpd-rev. 11198 -18- Either party. lY terminate the Contract without cau: }t any time upon thirty (30) calendar days prior written ~ice to the other party. Upon such terml!fcltion, the Contractor waives any claims for damages from the termination without cause, including loss of anticipated profits, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. In the event of termination by the Contractor without cause, the following shall apply: (1) all bonds shall remain fully in force to insure the County's ability to construct the project for the Contract amount; (2) the County shall have the right to, at its option, solicit bids for the completion of the unfinished portion of the Work, or to negotiate with the number two bidder under the original bid; and (3) the Contractor and his surety shall be jointly and severally responsible for all costs over the original Contract amount incurred by the County in completion of the project, in addition to construction costs, such costs may include engineering, advertising, and administrative expenses incurred with the solicitations of bids for the completion of the unfinished portion of the Work. In the event of termination without cause by either party, the obligations of the Contractor and his surety with respect to the warranty and maintenance bond shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. 20. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 21. VERIFICATION OF EMPLOYMENT STATUS The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("I NAil). The Count shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 22. PRODUCTS OR MATERIALS WITH RECYCLED CONTENT Contractor is required to procure products or materials with recycled content with respect to Work performed or products supplied under the contract when those products or materials are available at reasonable prices. A decision to not procure such items must be based on a determination that such procurement: a) Is not available within a reasonable period of time; or b) Fails to meet the performance standards set forth in the applicable specifications or fails to meet the reasonable performance standards of the agency. Contractor shall provide the County with a written statement indicating what recycled products were used or supplied. If a decision was made not to use recycled products, Contractor shall G:ICOMMON\BIDSIOriginalformsI1-SERVICES BIDS,wpd-rev, 11198 -19- provide County with a wr:' '1 statement indicating the basis for + decision using the above criteria. '-' ....., 23. FLORIDA PRODUCED LUMBER Where applicable Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, (1997) and as may be amended from time to time. 24. ASBESTOS-FREE MATERIALS Contractor shall not use any asbestos or asbestos-based fiber materials in the Work performed under this Contract. 25. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. 26. A TTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs 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. The liability of the Contractor and its surety or sureties for such fees and costs is joint and several. 27. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Contractor: xxxxx xxxxx xxxxx G:\COMMON\BIDS\Originalforms\1-SERVICES BIDS.wpd-rev. 11/98 -20- or to such other address :my party may designate by notice CC, lying with the terms of this Section. Each such notic~hall be deemed delivered (a) on the "eIte delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 28. NON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 29. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (1997) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 30. DISPUTE RESOLUTION Any disputes relating to a question of fact arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its representative. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County or its representatives who shall reduce the decision to writing. 31. MEDIATION In the event of a dispute between the parties in connection with this Contract other than a question of fact to be resolved as described above, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any G:ICOMMONIBIDS\OriginalformsI1-SERVICES BIDS.wpd-rev. 11/98 -21- testimony or argument in\.....;uced at the mediation shall not be a.....lssible as evidence in any subsequent proceeding conterning the disputed issue. 32. INTERPRETATION; VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY A TIORNEY ATTEST: xx BY: PRESIDENT (SEAL) SECRETARY Print Name C:\JWL \FORM\K-GT25KBLN (G:\ATTY\1 FORMS\K-GT25KBLN) Rev. 5/20/99 G:ICOMMON\BIDS\2000BidsRFPsIOO-OOSOD.wpd.rev. 11/98 -22- '-" BID FORM ..." All bids must be submitted in a sealed envelope addressed to the St. Lucie County Purchasing Manager, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. BID #OO-OOO-SOD PURCHASING DEPARTMENT I, REPRESENTING Company and/or Corporation, agree to perform all of the requirements to complete the work required in the specifications for the price of (unit pricing shall be good until September 30, 2000; contract may be renewed in September of 2000 for one additional year with an increase no to exceed 5%) BY THE PALLET (Various locations throughout the county) INSTALLED DELIVERED PICKED-UP 1. Bahia $ $ ¡SF $ $ SF $ $ SF 2. Floratam ¡SF SF SF 3. Minimum Pallets Needed for delivery 4. Minimum lead time for delivery of pallets Hrs./Days 5. Minimum SF Needed for installation SF 6. Minimum lead time for installation of sod Hrs./ Days BY THE ROLL (St Lucie County LandfilO 7. DOT certified Bahia rolled sod (20,000 SF - 40,000 SF) $ SF 8. Watering during rooting period $ LS Bid Obligation It is understood that this Bidder is bound by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening. The Board of County Commissioners and reserves the right to waive any informalities or minor irregularities, reject any and all bids which are incomplete, conditional, obscure, or which contain additions not allowed for, accept or reject any bid in whole or in part with or without cause, and accept the bid which best serves the County. G:\COMMON\8IDS\2000BidsRFPsIOQ.OOSOD.wpd-rev. 11198 -23- NAME OF BIDDER: '-' ...., ADDRESS: PHONE: SIGNED BY: TITLE: DATE: G;ICOMMONlBID5\2000BidsRFPslOO.QOSOD.wpd-rev. 11198 -24- .. "" AGENDA REQUEST "-" ITEM NO. C-6-D DATE: April 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING PRESENTED BY: CHARLES BICHT SUBJECT: Bid #00-027 Asphalt Vibratory Roller - reject all bids and re-advertise BACKGROUND: See attached. FUNDS AVAIL: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends rejecting all bids and permission to re-advertise for bids. COMMISSION ACTION: E: [~APPROVED [] DENIED [ ] OTHER: County Attomey:(X) ~ Coordination/Siqnatures Mgt. & Budget: Purchasing Mgr.:(X) cß Originating Dept: Finance: (Check for Copy only, if Applicable) Other: Other: Eff. 1/97 H:\WP\AGENDAS\BIDS\OO-027 reject.wpd '-w "w1I PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION MEMORANDUM FROM: Charlie Bicht, Purchasing Manager " P. M. Bowers, Road & Bridge Manage~'# TO: DATE: Bid #00-027 - Asphalt Vibratory Roller April 7, 2000 SUBJECT: The two bids received for Bid #00-027 for the Road & Bridge - Asphalt Vibratory Roller are being rejected for the following reasons: L & L Worldwide, Inc., is priced over the budgeted amount, and the equipment submitted by Ringhaver Equipment Co. does not meet specs. Please rebid this equipment request at your earliest convenience. Thank you. PMB/sb cc: Dewey Hudman, Project Supervisor Don Pauley, Field Foreman C) " ç.::) ~ -""{J .._ :;}.:J I _.- -..¡ " p...,) -j 1"0 - -< w I- W >w I-::I: zen ::Jz 00 0- WI- -« 0...1 ::J::J ...1m .« 1-1- enc - m 0:: w ...I ...I o 0:: > 0:: o I- « 0:: m · >~ 1-« ...10 «~ ::co e..~ en I- <e<e 10 Wo "....... c~ t--....... NO::M omO loesC 8cw =I:t<effi goe.. £110::0 '-' '" N W =It C - 0 0:: ~ 0 0 c . en C ...I en Z ...10: en ... W oesOo t- > ..J~æ M ~ ~ 0::1- =It WZ 0 0:: >w 0 0 <C:E . It) C ::I:Q. M Z "5 0 '" w æad co > ~ o:wo ~ c - .. ml- ..Jz <C::) 1-0 o:! 1-« 'wtI ~~U) æO::::l oc... !$!$!$ æ~~ z z z :æ>U) ::::: ::::: ::::: en 01) N 10 Q w ... ::::I m ;. æ c ... w U) ii: C ¡:: f!! .. « 0 C Z Z W U) w ë:: w :æ w Z ::::I (J < (J w E 0 ~ D- C 0 :æ U) u 0 C c ..: (J ãi ãi S fII I.&. "- "- ~ 0 0 0 c: ~ ~ ~ as E w w W GI m m m ~ :æ :æ :æ ~ ::::I ::::I ::::I GI Z Z Z to Ringhaver Equipment Co. '-' SPECIFICATIONS 'wi for ASPHALT VIBRATORY ROLLER Instructions to Bidder: The roller described in these specifications (LeeBoy model400T or equal) shall be fully operational upon delivery and is to be an all new current production model. The Bidder shall furnish with his proposal the manufactures' printed specifications which clearfy show the rating, measurements, and designs of the equipment he proposes to supply. General: The Bidder is required to indicate compliance or non-compliance opposite applicable lines and furnish additional information if required by the buyer. The Vibratory Roller must meet or exceed the following specifications: T .. l"SInm11~SlOD: Hydrostatic. COMPLIANCE NON COMPLIANCE X 2,680# X X X 18.8 HP Kubota Weigl)t: Minimum of2.5 tons empty. Vibrato" Unit: On Rear Drum. EDøine: Diesel 35 horsepower. Drums Size: Split Front with Diameter 30" Length 40" X 20" diameter X 30" wide X 22" diameter X 36" wide X X 6 gallon X 2 gallon X 50 szallon Rear Diameter 30" Length 40" Drive: Direct Hydraulic. Caoacities: Fuel Tank 7 gållons Hydraulic 0i127 gals. Water Tank 93 gallons Water System: Pressure Spray Water System, filtered. X Water Tank: Stainless Steel. X Poly Towinsz Attachment: Two (2) individually retractable tires, Electric Brakes, Hydraulic tongue for Front-End hookup. x G:'COMMONIBICS\2OOOBIdaRFPs\C0-027g00d. wpd-_ 5IfTT 7 '-' BID FORM 'wi All bids must be submitted in a sealed envelope addressed to the St. Lucie County Purchasing Manager, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. BID #00-627 Asphalt Vibratory Roller PubHc Works I Road and Bridge Department I, James Thomas Ball REPRESENflNG Ringhaver Equipment Co. Company and/or Corporation, agree to perform all of the requirements to complete the work required in the specifications for the price of: 1. Base Bid $ 18,035 Bid Obligation It is understood that this Bidder is bound by the bidding documents and. that the bid may not be withdrawn during a period of 60 days after bid opening. The Board of County Commissioners and reserves the right to waive any informalities or minor irregularities, reject any and all bids which are incomplete,. conditional, obscure, or . which contain additions not allowed . for ~ accept or reject any bid in whole or iri pm With or without cause, and accept the bid which best serves the County. NAME OF BIDDER: Ringhavèr Equipment Company AùDDFUESS: P. O. Box 30169, Tampa, FL 33630-3169 PIIO~: (813) 671-3700 SIGNED BY: Jí;Utf çt 6a£é." 1111JE: Asst. VP/Asst. Sales Mgr.DA11E: 3/20/00 G:\COMMONlSICS\2OOOBidsAFPs\OO.02Tgood. wpd-rey 5197 8 ~ ...".¡ (/40 v REFERENCES 1. Orange County Public Utilities P. O. Box 312 Orlando, FL 32802-0312 (407) 836-7260 2. Polk County Utilties Operations P. O. Box 2019 Bartow, FL 33831 (941) 534-7351 3. Highlands County 590 South Commerce Avenue Sebring, FL 33870-3701 (941) 386-6576 RINGHA VER EQUIPMENT COMPANY P. O. BOX 30169 TAMPA, FL 33630-3169 ROSCO MANUFACTURING ~OMPANY ~ DROPOSAL ~ AND ACCEPTANCE t(lll 1001 SW lstSt, PO Box B Madison, SD 57042 (605) 256-6942 Fax: (605)256-0240 To: RINGHA VER EQ. CO. PO BOX 30169 TAMPA, FL 33630 Attn: TOMMY BALLIDEBBIE KING Date: 3/20/00 Proposal No.: 16842 For: ST. LUCIE CO. Bid Opens: 3/22/00 We are pleased to quole, for acceptance within 60 days ofrhis dat~. prices and terms on equipment listed below for completion: SEE BELOW. ONE (1) EACH RaSCO TWO TON VIBRATORY ROLLER, MODEL VIS III. THIS UNIT TO BE STANDARD EQUIPPED PLUS THE FOLLOWING OPTIONS: KUBOTA DIESEL ENGINE HYDRAULIC TRANSPORT ATTACHMENT WITH BRAKES HYDRAULIC TOWBAR LIFT SEE ATTACHED SHEET FOR DEVIATIONS TO THE SPECIFICATIONS. DELIVERY: APPROXIMA TEL Y 2-4 WEEKS AFTER RECEIPT OF ORDER. THIS UNIT IS SUBJECT TO PRIOR SALE. OR NEXT A V AILABLE UNIT IS 60-90 DAYS AFTER RECEIPT OF ORDER - .. Terms for Payment: NET 10 DAYS Prices and Terms quoted are F.O.B.: MADISON. SD Completion dates are based upon th~ date of acceptance of this proposal by the customer. The goods described herein will be sold subject to any additional provisions shown above, and our regular warranty printed on ROSCO policy statement No. 105 or as otherwise noted above. Respectfully submitted, ROSCO MANUFACTURING COMPANY By: ,.C:~ ' í{. Pages d-' T rish De V aney Sales Department PROPOSAL ACCEPTED BY; SIGNED: TITLE: lit£·, UIV< OI\JGIN.~ TO ROSCO FOR ^CC£!'TAN(i. ALOf"v WITH rURCHAS¡; Ol\Dm) Sl6-1UU.D~"-I-19 w (I) ~!~~¡ ~~i~ß o~!!: 2 Z ::I ..J..,j _ u. <~ ~~ .... ~~~ Q.cifß Wza: a:~~ cc > (/)~~ (/)=~ W~~ Z~j _«0:; (/)cj~ ::)t;~ m~2 '-' g !i od" W M :E C; ~ - M :) M OØ)c:ø Wc:øM _M IX: Ct . WC")....I ~x~ xO< CJcca. ~ .:iE -~< _a.t- ..,.. .E:\..E ~~d c-~~ (Ö'6.c q~ ~p -6.o~ ~':>7S (!) z S2 <C a: co w c . . Z S - .--- ______ _ _ _4'~ n r, 1\ r, r (\ n /-, {' ,'-",-', ........ .~ .L.-. _L-. .L...... _.....-iI ._~ _.i-.... _.i--..It ..L-, _~ ---. -,. ....~.......,¡ ----'... ....,¡ ~-'----'-- - -- - - --------- --- -..-.. --'. -- --- -- ---- - ---- -" - --- - ---. ¡ --- r--- -.--- - on. , L---. .-.........-.-.-..- --- - --- - - - --..--.- -, L.__ ~- -- - - -_. -. ---.--~---_._--._-- -..-- - - -.----- ~ ._-- "--.-- -- Mar-Q1-00 09:55A Demandstar.com 407 599 OOOS P.09 ~ ~ fm: MlJIALT VJJlRATORY ROL~ .,J.L/.L /dJr/r/u4de:rAé . '-' JnstrUCtions to Bidder: The roller described in these specifications (LeeBoy model4OOT or equal) shall be fully operational upon delivery and is to be an all new CUlTent production model. The Bidder shall . furnish with his proposal the manufactureS' printed specifications which cleady show the raûug, measurementS, and designs of the equipIIlent he proposes to supply. General: The Bidder is required to indicate compliance or non-compliance opposite applicable lines and furnish additional iDfonnation if required by the buyer. The Vibratory Roller must meet or exceed the following. specifications: wœIm Minimum of2.5 tons empty. COMPUANCß KQN CO~PUANCE 2'~~~ ðA 7bL/ ¿II! drum YJþratorv Unit: On Rear Drum. T¡,anllll'lission: Hydrostatic. yes ¿f) // / ~nøi...e: DieseP35 horsepower. prtnn~ Size: Split Front with Diameter 30" Length 40" Rear Diameter 30" Length 40" S~/¡I , ,---s-¿ // res 13/~tf¿t/ Jùive: Direct Hydraulic. ç.paciöes: Fuel Tank 7 ganoDS Hydraulic Oil 27 gals. Water Tank 93 gallons I /; c¡ ç.#/ 5..3109/9/ P R f2 .().iJ{,lI"'e.. S ¡or.4o/' Water SYStem: Pressure Spray u.J/G¡(:Pt/¡l"' ,ó~-~ Water System, filtered. sf ?¿//é'1/..~ Water Taok: Stainless Steel. ~ JOWÏIII! Attac.bment: Two (2) individually retractable tires, Electric Brakes. Hydraulic tongue for From-End hookup. ¡.::J/;:¡sZlc' ¿,VATer í2!.AJi:: r -"4t'Jekf' St/;/'"tJv..út:!eQ' ~'f ~1ëe¿ F' p. e.e, uJ h eel -to (J.) ì flCj c.flB.J4-b'¡;('f ~y<:!:.S ~ð Jé~ Re~~ G."CCMMOHIIIICICNGOO.....I'PIIV G.¡¡Ztgood....... W7 7 Mar-OI-OO 09:55A Demandstar.com 407 599 0008 P.IO '-" , .. J ,€"~ /IJorlclaJldð ~,Jlc, BID FORM All bids must be submitted in a sealed envelope addressed to the St. Lucie County Purchas;a. Manager, 2300 Virgin~ Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. BID 100.027 Asphalt Vibratory RoDer Public Works I Road and Bridle Department I, LvL~ '- ~#ck. REPRESENTING ~ '¡'L /t/o~/dtdlje :LJc, Company aDd/or Corporation, ap-ee to perform an of the requirements to complete the work required III the speciflœtiODS for the price of: 1. Base Bid $0 '! r;?y, L?O ß e. )-k,rd JJ J11 e r;C 14 IJJ G . ~ yYJC')clel -rv /300 Bid Obligation' It is understood that this Bidder is bound by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening. The Board of County CoIDlDÍ8sioncn ami reservcs the ri¡ht to waive any informalities or minor irregularities, reject any and all bids which are incomplete" conditiQIla1, obscure, or . whidl cOntain additions not aUowed for ~ accept or reject my bid in whole or m part With or without cause, and accept the bid which best serves the County -; ~ NAME OF BIDDER: i I· 1_ LJ... J(!)rJd /J J¡;}p, ::;:;Jc. ADDRESS: r;3/tJ a /J? /J.4-40 06 .:TC/~/'éër ~/ 33.y'.sj v PHONE: ~?/- ~3C'- o~¿; if t:/? (/ TITLE: Ct.1CCI4MQN\II~""~""''-WT 8 ~ d A h It R II Specifications: '-" an em.), ~P,FJ!I, 0 ers Models TV-900 lV-1000 T\I-1200 TV-1300 TV-1400 1V-1700 Drum Width In. 35.43 39.37 47.24 51.18 55.16 66.00 (mm) (900) (1.000) (1.200) (1.300) (1.400) (1,700) Operating Weight Lbs. 3,572 5,645. 6,363 7,661 9,460 22.050 (Kg) (1,620) (2,560) (2,895) (3,585) (4.300) (10,OOO) Centrifugal Force Lbs. 2,944 5,397 6,776 7,175 9,804/11,365 , 4,835/16,408 (KN) (13.1) (24.0) (30.4) (32.2) (44151) (66173) Static linear - LbsJln. 50.4 71.7 67.53 76.8 87.9 168.9 (Kglmm) (SOO) (1,280) (1,206) (1,371 ) (1,554)' (2,996) Frequency VPM 3,120 3,120 3.120 3,120 2,52013,300 2.52013,000 (Hz) (52) . (52) (52 H¡) (52 Hz) (42155) (42150) Amplitude In. 0.021 0.022 0.022 0.022 0.02/0.0394 0.024/0.016 (mm) (.53) (.55) (.55) (.55) (0.511.00) (0.410.61 ) Engine make Hatz Deutz Deutz Deutz Deutz Deutz Engine model 1D81Z F2L 1011 F F2L1011F F3L10'1F F3L1011F 6F4M1012C Engine HP 14 30 30 40 40 110 (J<W) (10.5) (22) (22) (29) (29) (82) Engine RPM 3,000 3,000 3,000 2,800 2,800 2,500 Travel Speed MPH 0-4 o - 6.2 0-62 0-6.2 0-6.8 0-4/8 (KPH) (0 - 6.5) (0 - 10) (0 - 10) (0 - 10) (0 - 11) (0 - 6.5113) Gradeability 40% 40% 42% 42% 40% 40% Gradeabilitv wNlbration 30% 30% 30% 30% 30% 35% Hydraulic Capacity gal. 6.6 9.3 ~.3 1'.9 11.9 24 (ltr.) (25) (35) 35) (45) (45) (90) Diesel Fuel Capacity gal. 5.a 10 10 13.2 13.2 53 (Itr.) (22) (38) (38) (50) (50) (200) Water Tank Capacity gal. 22.7 47.6 47.6 53.0 53.0 222.0 (Itr.) (86) (180) (180) (2QO) (200) (840) Inside Turning Radius In. 72.9 116.0 116.0 116.0 116.0 179.5 (mm) (1,eSO) (2.946) (2.946) (2.946) (2.946) (7.558) Articulation Aas:e deg. 300 30° 30° 300 30° 30° Oscillation Anale dea. 8° 8a 80 8° 8° 8a K D ODD I F I A ~ H ~ J C Th. IIgftt is ....rvecllO amlßlCl th... cllMnsicns and spec:IIIcaIIorI lit l1l'i)' time without notiCe. - ~ TV·SOO 1V·1000 TV·1200 TV-1300 lV·1400 1V- A 35.43" 39.37" 47.24" 5 US" 55.1 S" 61 (saO) (1.000) I'.~ (1.3C01 (1.~ 11 B 38.18" 42.12" 50.00" 53.93" 57.9Z' ;. (9'10) 11.0701 11.2701 (1.370) 11.470) (1 C 71.26u 93.50" 93.50" 93.50"c 3.50" 1S (1.1110J (u?a) (2.3751 12.3751 2.37S) (4 D 60.24" 72.83" 72.83" 72.83" 72.83" 8 (' ,SaO) (1.850) (1.1160) (1,150) (1.8501 \2 E 15.76" 19.68" 19.68" 19.68" 19.6S" 3 (.cJO (500) (500) (500) (500) 1 F 15.76" 20.47" 20.47" 20.47" 20.47" 3 (dOC) (5201 (520) (520) (520) ( G a.67" 8.26" 6.26· 8.26" 8.26"' 1 (2201 (21O) ('210) (210) (:110) ( H 21.65" 27.56" Z7 .56" 27.56" 27.56" 4 (510) (700) (700 (700) (700) (1 J 49.60" 65.94" 65.94" 65.94" 65.94· 12 (1.2&0) (U7S) (1.8751 (1.575) (1.S75) (: K 90.94" 1 04.33" 1 04.33" 104.33" , 04.33" 11 12.310) IU5a) 12.850) 12.6501 (usa) (I - .: ~ ~ . --- -...-. ".. ~, ...,.-^^ ~ ftftA ........."..... . na... AI'\I"\ noli 1 n",,1"\ _ c..._- Ann nC:J:..noon '-' Bid Specifications ....., TV..1300DPR Tandem Vibratory Roller The roller shall be of the articulated tandem drum design with ccmpaction output suitable for compaction of sub-b~Se and bituminous materials used on highways, driv~, parking lots, and other surfaces. The roller shall have 2 each fully machined smooth drums of not less than 51" in width and not less than 0.59· drum thickness. The machine vibration shall be hydraulic prcducing a centrifugal force of not Jess than 7,100 pounds per drum and amplitude of not less than 0.021. inches. Vibration frequency shall not be less than 3,120 vibrations per minute. The unit must be capable of sefectable drum vibration of rear dnJm only or a combination of front and rear drum vibration. Articulated power steering angle shall be not less than 30 degrees. Inside tuming radius shall not be more than 116"'. The ftBø1e oscillation angle shall not be less than 15 degrees. static gradeabiJity shall be no less than 40% and the gradeabirrty with the vibrator engaged shall be no less than 30%. Power shall be provided by a 3 cylinder, electric start. air-cooled diesel engine rated at no less than 40 horsepower at 3000 RPM. The engine shall be equipped with a dry-type air ti1ter, 12-vo/t electrfc system with circuit breakers, and no printed circuit boards. " The unit shall be supplied with hydrostatic drive to both drums. Forward and reverse. travel speed shall be variable from 0 - 6.2 miles per hour. . Hydraulic service and parking brakes shall be automatically applied and amsidered "Fail Safe" in operation by acting on both drums and accompßshed through the transmission system via the single hand control lever. Operation of the roller shall be by a single control lever which operates: 1 - Forward and reverse travel; 2 - Idle to operating RPM's; 3 - VIbration on/off: 4 - Automatic brake appflcatlon; 5 - Neutral only start: 6 - Vibration cut out in neutral and travel·modes. The roller shan be eqUipped with the follOlNing afX.€os.~ries: · Roll Over Protective structure (ROPS). · Back-up alarm and horn. · Single or double drum vibration contrcIlever. .. Variable flow pressure water system to each drum with a separate gravity system for back up. · Plastic water tank Qnduc:ling eæ¡ drain taps) completely surrounded by steel with a capacity of not less than 47 gallons WÏÖ1 suitable filttn, locking mechani$m, and one water bar per drum. · TYtO self-tensionIng adJustable scraper bars per drum with polyethylene scrapers. · Anti-vandalism awer for dashboard protection and lockable engine compartment. · Full Instrumentation: Warning lights for engine oil pressure; engine oil temperature; battery charge indicator and blocked hydraulic filters; liquid aystaJ display hour meter, and an emergency stop button. · Battery isolator key to disable the 12-volt system durtng maintenance andlor service and to provide an additional measure d theft prevention. · Fully upholstered and adjustable operëltor's seat with seat belts, safety dead-man switch, and adjustable folding arm rest. The dead-man seat switch shall be effecttve within 4 seconds of 1he operator leaving the seal · Clearly readable level gauges on the removable diesel and hydraulic tanks. · Free-wheel towing capability without the need for tools. · Towing eyes front and rear, 4 rifting points. and adequate tJe--down points. The unit shall have an operating weight of not less than 7,800 pounds, shipping weight of not less than 7,500 pounds, and be painted the manufacturer's standard colors. Warranty shall be no less than one y~. The unit shall be a Benford Model TV-1300DPR Tandem Vibratory Roller or equal. 07101/98 '-' AGENDA REQUEST ~ ITEM NO. C-6-E ~ DATE: April 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING SUBJECT: Hurricane Irene & Floyd Emergency Purchase Orders PRESENTED BY: CHARLES BICHT BACKGROUND: The S1. Lucie County Purchasing manual provides for emergencies by allowing work to proceed with the consent of the County Administrator. Attached is a list of Purchase Orders issued in accordance with the procedures. FUNDS AVAIL.: $3,000,000 has been budgeted in the general fund to cover these expenses. The majority of these expenses are expected to be reimbursed by FEMA. PREVIOUS ACTION: December 7, 1999 December 14, 1999 December 21, 1999 January 4, 2000 January 11, 2000 January 25, 2000 March 14,2000 RECOMMENDATION: Consider staff recommendation to approve the Emergency Purchase Orders issued. [~APPROVED [] DENIED [ ] OTHER: NCE: COMMISSION ACTION: Coordination/~iqnatures ,..It} I1!/- ~ tV / Mgt. & BUdget:(X)' . p./ (j~ Other: J Purchasing Mgr.:(X) /) ¡)5 County Attorney: Originating Dept: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eft. 1/97 H:\WP\AGENDAS\OTHER\Irene & Floyd agenda 4-25-00.wpd '"' ~ ....., MEMORANDUM PURCHASING DEPARTMENT TO: Board of County Commissioners FROM: Charles L. Bicht, Sr., Purchasing Manager DATE: April 18, 2000 SUBJECT: Hurricane Irene Emergency Purchase Orders The following Emergency Purchase Orders have been issued in accordance with the St. Lucie County Purchasing Manual as the result of hurricane Irene: P2011595 JA Taylor Roofing P2011596 Laumar Roofing P2011601 Arnott Moving P2011603 Turbo Link (windscreens) Total 12/1/99 - 12/8/99 $300.00 500.00 468.00 2,500.00 184,990.00* 87.20 661.50 175.00 110.00 348.50 1.742.75 $191,883.95 $35,470.00 122,093.00 400.00 13.391.29 $171,354.29 P2010849 Stanley Steamer P2010873 Pioneer Metals P2011068 Garage Doors Sales P2011217 Culpepper & Terpening P2011220 Native Technologies P2011300 Home Depot P2011301 White Aluminum P2011302 Garage Door Sales P2011303 A A Fire P2011306 Stanley Steamer P2011308 Arnott Moving Total as of 12/1/99 H:\WP\MEMOS\irene POs 4-18-00.wpd '-' P2010849 Stanley Steamer P2010872 Tropic Supply P2019874 J A Taylor Roofing P2010946 Wolf AlC P2010989 Lifeline Medical P2010847 Dale's Bar-B-Q P2010848 Flying J Inc P2010062 Apple Industrial Supply P2011736 Enviroglades Inc Total 12/8/99 -12/15/99 'wi 250.00 500.00 4,919.00 50.00 61.00 143.00 15.00 229.00 $45.000.00 $51,167.00 P2011804 Fla Recycling Services $149,520.60 P2011779 Superior Roofing 2,350.00 P2011793 CEI Florida, Inc. 2,949.57 P2011850 Hall's Trucking 1,152.00 P2011220 Native Technologies CO add $2.372.178.00* Total 12/15/99 - 12/28/99 $2,528,149.57 *Funded by Mosquito Control Budget P2011746 ABC Fencing P2011308 Arnott Moving CO add P2011301 White Aluminum Co add P2011898 C7H Baseball & metal Total 12/28/99 - 1/3/00 P2011966 Taylor Made Metals P2011967 Taylor Made Metals P2011969 All Indian River Fence P2011970 All Indian River Fence P2011965 ARS Climatic Corp Total 1/3/00 - 1/18/00 P2012425 Adron Fence Co P2012587 Airsys ATM Inc P2012593 Arnott Moving P2012089 Southern Security Systems P2012213 General Elevator P2012282 Johnson-Davis P2012344 Summerlin Seven Seas Total 1/18/00 - 03/06/00 H:\WP\MEMOS\irene POs 4-1B-OO.wpd $785.00 2,808.00 73.50 2.700.00 $6,366.50 $300.50 300.50 241.50 357.50 $24.558.00 $25,758.00 $1,757.00 4,728.00 417.00 800.00 4,500.00 4,250.00 $15.276.00 $31,728.00 '-' P2012954 Adron Fence Co P2013169 Avatar Utility Services P2012909 BCI Engineers P2013172 Hazen & Sawyer Engineers Total 03/06/00 - 04/18/00 Total H:\WP\MEMOS\irene POs 4-1B-OO.wpd 'wtI $1,452.00 28,515.00 5,200.00 142.130.00 $177,297.00 $3.183.704.31 '-' AGENDA REQUEST ITEM ms. C-7 A DATE: April 25, 2000 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Certificate of Public Convenience and Necessity (CON) - Renewal of Atlantic/PalmBeach Ambulance, Inc., d/b/a American Medical Response (Class C) BACKGROUND: See attached memorandum CA 00-564 FUNDS AVAILABLE: N/ A PREVIOUS BOARD ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the application of Atlantic/Palm Beach Ambulance, Inc., d/b/a American Medical Response for renewal of its CI~ss C Certificate of Public Convenience and Necessity based upon a determination that AMR remains in compliance with the terms of its CON and Chapter 1-12.5 of the Code of Ordinances. [XJ APPROVED [] DENIED [ ] OTHER: - COMMISSION ACTION: County Attorney: Jt Purchasing: Other: Originating Dept. Finance: (Check for Copy only, ¡fapplicable): - - - '-" ..., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-564 DATE: April 19, 2000 SUBJECT: Certificate of Public Convenience and Necessity (CON) - Renewal of AtlanticIPalm Beach Ambulance, Inc., d/b/a American Medical Response (Class C) BACKGROUND: AtlanticIPalm Beach Ambulance, Inc., d/b/a American Medical Response ("AMR") has submitted an application for renewal of its Class C Certificate of Public Convenience and Necessity ("CON"). The CON permits AMR to provide non-emergencyinterfacilitymedical transports under a physician's order which originate in the County and require on-board clinical capabilities which may exceed of those of a conventionally equipped and staffed advanced life support ambulance. AMR currently provides specialized neonatal and pediatric transports. The Public Safety Director has determined that AMR remains in compliance with the terms of its CON and Chapter 1-12.5 of the Code of Ordinances as required under Section 1-12.5-16. On April 19, 2000, the Emergency Medical Services Advisory Council reviewed the application and voted 6-0 to recommend renewal of AMR's CON. A copy of AMR's application is attached to this memorandum. CONCLUSION/RECOMMENDA TION: Staff recommends that the Board of County Commissioners approve the application of AtlanticIPalm Beach Ambulance, Inc., d/b/a American Medical Response for renewal of its Class C Certificate of Public Convenience and Necessity based upon a determination that AMR remains in compliance with the terms of its CON and Chapter 1-12.5 ofthe Code of Ordinances. Respectfully submitted, ~~ Heather Young Assistant County. Attorney Attachment HY/ Copies to: County Administrator Public Safety Director Deputy Clerk ~ - " .~ ~ -- ...., AMERICAN MEDICAL RESPONSE April 6, 2000 Mr. Jack Southard Director of Public Safety 101 North Rock Road Fort Pierce, Florida 34945 Dear Mr. Southard: We are submitting our CON renewal application as requested. We wish to continue providing interfacility transports to the citizens of St. Lucie County. At this Jime, we are seeking a Class C Certificate of Public Convenience and Necessity. Thank you in advance for allowing Atlantic/Palm Beach Ambulance, Inc. d/b/a American Medical Response to participate in this renewal. Sincerely, ~5~ ~me S. Caldwell Director of Operations JSC:dgs 5551 N.W. 9th Ave., Ft. Lauderdale, FL 33309 (954) 776-3300 . (954) 776-5165 '-" ....., AMERICAN MEDICAL RESPONSE REQUEST TO PROVIDE NON-EMERGENCY AMBULANCE TO THE CITIZENS OF ST. LUCIE COUNTY APPLICATION '-" ....., ST. LUCIE COUNTY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPLICATION 1. Applicant's name: Address: Atlantic/Palm Beach Ambulance, Inc. d/b/a American Medical Response 1105 Barnett Drive, Suite D Lake Worth, FL 33461 (561) 586-4744 Phone: 2. Applicant's Business is a ( ) Sole Proprietorship ( ) Partnership (X) Corporation If Applicant is a partnership list the name and address of each partner: Name: Address: If Applicant is a corporation list the Name and Address of the following: Name: Atlantic/Palm Beach Ambulance, Inc. d/b/a American Medical Response Address: 1105 Barnett Drive, Suite D, Lake Worth, FL 33461 President: John Grainger V. President: Secretary: Robert Byrne Treasurer: Michael Forsayeth Date of Incorporation: 08/21/92 Place of Incorporation: Delaware (If Applicant is doing business under a fictitious name, please attach evidence of compliance with Section 865.09, Florida Statutes.) 3. Applicant's Medical Director: Dr. Joe Nelson, D.O. Address: 1105 Barnett Drive, Suite D, Lake Worth, FL 33461 Phone: 930-3300 x 1457 4. Please attach a personnel roster which includes the names of all Applicant's employees, position held, the relevant licenses held by the employee and the license numbers and expiration dates. ATTACHED 5. Please attach a vehicle roster which describes all vehicles Applicant proposes to use in S1. Lucie County as well as the relevant license and registration numbers. ATTACHED ~ '-" ST. LUCIE COUNTY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPLICATION 6. Please list how you handle radio communication from your base of operation in S1. Lucie County to your vehicles and lor personnel out in the field of operation. All radio communications for S1. Lucie, Martin, Palm Beach and Broward counties are handled by our communications center in F1. Lauderdale. Communications between our communications center and the ambulances in S1. Lucie County take place on UHF transmit frequency 463.7250 and receive frequency 468.7250. All ambulances in S1. Lucie County have both mobile and portable radio communication capabilities on the above frequency. Secondary communication between the communications center and the ambulances in the field is achieved via pager. All call information including location, call type, patient name, destination, patient condition, miscellaneous notes and times are all sent automatically to the pagers on board of each ambulance through our computer aided dispatch system. This system has the capability of sending messages from the dispatchers as well. 7. Please attach a current financial statement which includes a statement regarding whether or not Applicant receives Federal or other Public funds. If Applicant is a governmental unit, please provide statement of funds budgeted for this service. ATTACHED 8. Name of Applicants insurance carrier and amount of liability coverage (per person and per occurrence) . (Please attach Certificate of Insurance from such carrier.) ATTACHED 9. Area (s) proposed to be served by Applicant: All areas of S1. Lucie County (Also please provide a detailed map of service area.) 10. Address of base of operation from which the proposed area (s) are intended to be served: (If the relevant base of operation has not been established, please indicate and describe the general area proposed for the location of the base of operation.) Contingent upon COPCN. Location to be consistent with County policy. Regarding zoning Palm Beach location and Martin location. ~ ....., ST. LUCIE COUNTY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPLICATION 11. Proposed rate schedule: Please provide schedule of all rates for service currently applicable (In addition, please indicate whether applicant is willing to provide indigent transport service and community service during any emergencies). Base Rate: $318.00, Oxygen $28.10, Mileage $6.80 per mile 12. Please provide detailed information on how you will affect existing services in the following areas: (a) cost, (b) quality of care, (c)availability (24 hour operation). ATTACHED 13. Date Applicant applied for or received license and permit (s) as required by Chapter 401, Florida Statutes and any applicable rules. (If license and permit (s) have been obtained, please attach copies. If not, please attach copy of completed application for the license and permit (s). ATTACHED 14. Please provide a narrative history of Applicant's company. At a minimum please include: (a) three personal reference, (b) completed training and certificates, (c) experience and personal integrity, (d) areas previously and/or currently served, (e) hospitals or other entities previously or currently served, names and length of employment of key employees. ATTACHED 15. On a separate sheet, please provide a justification for your application. Any relevant support documentation should be attached such as area survey you may have conducted, growth studies, population studies, needs assessment. This is to request a renewal of our current ClassC Certificate of Public Convenience and Necessity. AMR has been providing neonatal intensive care and pediatric intensive care transports in St. Lucie County since 1996. These team transports require transport personnel with advanced medical training and equipment not normally found on most advanced life support ambulances. In addition, AMR is currently providing contractual services to the Veterans Administration transporting their patients from St. Lucie County to Palm Beach County. 16. Written documentation of a background check performed by the Florida Department of Law Enforcement (FDLE) on each of the applicant's personnel. ATTACHED 17. Please list any other Counties in the State of Florida or other States in which the applicant holds a Certificate of Public Convenience and Necessity. ATTACHED '-' ...,,; AMERICAN MEDICAL RESPONSE .~ REQUEST TO PROVIDE NON-EMERGENCY AMBULANCE TO THE CITIZENS OF ST. LUCIE COUNTY 3. MEDICAL DIRECTOR OJ/09/00 THlT 1J:06 FA! 1 954 776 5165 American Medical Resp 141002 . ~."'-' AC#0283858 ....,.. - STATE OF FLORIDA DEPARTMENT OF HEALTH DIVISION OF MEDICAL QUALITY ASSURANCE DATE LICENSE NO. CONTROL NO. 0111312000 OS 4921 2398 THE OSTEOPATHIC PHYSICIAN NAMED BELOW HAS MET ALL REQUIREMENTS OF THE LAWS ANQ RULES OF THE STATE OF FLORIDA. eXPIRATION DATE: JANUARY 31, 2002 JOE ALAN NELSON 5551 NW 9TH AVE FORT LAUDERDALE, Fl 33309 2~./'L-- - .-.,,- - . JEB BUSH GOVERNOR ~t~/Mn ROBE T G. BROOKS, M.D. . DISPLAY AS REQUIRED BY LAW seCRETARY ¡ . ~ . . _ _. _... ...... 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"':;::-- ~';:;'.~'"),,.,.,,:~.·~,.{..~.'r ~l.<·...~.:;.'~."..':,·~~.·~.~l.·.i~;.~~,:..,~..~{r~.:.:.~.··.~.·.·.·..~:.:.~.' t.:.~~·~.':'r~.·:··; .. .....:.,. ." ·,'r...~ '1/1 "l.f6;r,'.l'·: i~l:'('}:.' ~ ~ ......~~.... -:.'~.¥;'''''·¿I:r',~.¡ ~}...~. ,,':' ~""". . :y.;.' , .:, ,.~..t"'".",.."..,~.......~..,.~...---~."...,.::f;_'.':"" ,,..\',.,'.-..'.....~...., .t' "":"~ .:;';,/',:' '-" \oJ AMERICAN MEDICAL RESPONSE REQUEST TO PROVIDE NON-EMERGENCY AMBULANCE TO THE CITIZENS OF ST. LUCIE COUNTY 4. PERSONNEL ROSTER '-' ..",,; þT·T, SHAZAD PARAMEDIC DL A400781660150 01-15-9 PARA JA13623 12-01-9 ACLS 04-30-9 BCLS 04-01-9 ANDERSON III,DONALD L PARAMEDIC/ALT DL A53619266263 07-23-0 CPR BLS 07-19-9 PARAMEDIC JAOO14366 12-01-9 ACLS 06-30-9 ANDERSON,DAWN PARAMEDIC A536161617711 07-31-0 JA008995 12-01-0 ACLS 08-30-0 BLS 09-30-0 ASSELIN/MICHELLE EMT DL A245553655610 02-21-0 ,. EMT JT0075368 12-01-9 CPR 07-25-9 BTLS 00115B ' 08-31-9 BAKER/PAUL E PARAMEDIC DL B26068552413 11-13-0 BTLS 06-30-9 PARAMEDIC JAOO14440 12-01-9 ACLS 01-20-9 BLS 10-12-9 LAK,JOHN EMT B420460773330 09-13-0 JT086286 12-01-0 BLS 02-05-0 BIRTEL,MARK PARAMEDIC EMT JT082642 12-01-9 B634544710610 02-21-0 BLS 06-30-9 BISHOP, JOSEPH R PARAMEDIC B210496650550 02-15-0 JA013073 12-01-0 ACLS 05-01-0 BLS 06-30-0 BONAN,MICHELLE L EMT B550552695440 02-04-0 JT084129 12-01-0 BLS 10-30-0 BONFANTE/WILLIE PARAMEDIC/FTO BRELAND/DOUGLAS PARAMEDIC B645163582510 07-11-0 JA010434 12-01-0 ACLS 02-28-0 BLS 05-31-0 BRUCE,TIMOTHY EMT E,COLLEEN PARAMEDIC BLS 08-28-9 ACLS 03-27-9 BTLS 02-27-9 MEDIC JAOO15970 12-01-9 BRUE,DAVID PA~EDIC/FTO DL ~00176702520 EMT JT78638 07-12-0 12-01-9 '-' ..""J CPR 08-31-9 EVOC BTLS 02-28-0 ACLS 02-28-0 BUNCHUK/ADAM P PARAMEDIC/ALT DL B52201568346 09-26-9 PARA JAOO13790 12-01-9 ACLS 10-05-9 BLS 12-17-9 CALBY/JAMES D EMT C410444791000 03-20-0 JT087771 12-01-0 BLS 05-31-0 CAPOBIANCO/JOSEPH EMT Cl15480791630 05-03-0 BLS 02-28-0 CARDENAS/DANIEL PARAMEDIC CARHART/TY PARAMEDIC/FTO DL C663807702200 06-20-0 EMT JT79030 12-01-9 CPR-BLS 10-30-9 BTLS 07-31-9 ACLS 09-22-9 MEDIC-JA016815 12-01-9 IL/JAMES E PARAMEDIC/FTO DL C24044566066 02-26-0 PARA JAOO12744 12-01-9 CPR BLS 10-07-9 ACLS 06-20-9 CHOATE/DANIEL EMT C300170741670 05-07-0 JT086558 12-01-0 BLS 07-30-0 EVOC CHRISTMAS/CHRISTOPHER EMT COOPER/MICHAEL J PARAMEDIC/ALT DL C16055066386 10-26-0 PARA JAOOOl1487 12-01-9 CPR BLS 05-31-9 ACLS 06-20-9 CRAIG/ANDREW EMT C620018772450 07-05-0 JT088925 12-01-0 BLS-NOT ON FILE CRAPSER/DAWN M EMT DANIELS/WAYNE K EMT DL D54289164377 10-17-0 EMT JTOO061280 12-01-9 CPR BLS 01-12-9 BTLS 00118B 08-31-9 DIAMOND/JOHN J PARAMEDIC DL 553470693110 08-31-0 EMT JT0077683 12-01-9 CPR 07-25-9 · ,~ -" . .;.. ... '-' ...., ACLS 09-22-9 PARAMEDIC JA0015744 12-01-9 ~¡~ '-" ...., AN/VINCENT PARAMEDIC DL450870593690 10-09-9 D450870593690 10-09-9 EMT JT0064033 12-01-9 BLS 10-25-9 DORRY/MICHAEL Q PARAMEDIC D600555573870 10-27-0 JAOO0567 12-01-0 ACLS 12-31-0 BLS 09-30-0 EVOC DZIAK/TIMOTHY P PARAMEDIC D220815671610 05-01-0 JAOll198 12-01-0 ACLS 04-30-0 BLS 10-30-0 EVOC ESPADA/NANCY EMT EVANS/ERIC PARAMEDIC EVANS/ROBERT PARAMEDIC/FTO DL E152778691660 05-06-0 MEDIC JAOO13197 12-01-9 ACLS 08-31-9 BLS 08-31-9 EMT JT068192 12-01-9 BTLS 03-31-9 FANTONI/GINO PARAMEDIC DL F535280740560 02-10-0 CPR 10-30-9 EMT JT077377 12-01-9 FORSYTHE, ELIZABETH PARAMEDIC F623232485690 03-01-0 JA017842 12-01-0 ACLS 01-30-0 BLS 08-31-0 EVOC GALLACHER, DOMINIC EMT . DL G42616066084 03-04-0 EMT JTOO059422 12-01-9 CPR BLS 04-03-0 BTLS 10-31-9 GAROFALO/DONNA EMT G614173665140 01-14-0 JT088190 12-01-0 BLS 02-28-0 EVOC GAUGHEN,RANDALL PARAMEDIC/FTO FDLG25073646211 02-16-9 EMT-JT0082053 12-01-9 BLS 02-27-9 BLS-INSTRUCTOR 11-30-9 GEOGHEGAN/ELIZABETH E EMT DL G22522565543 02-03-0 EMT JT051702 12-01-9 CPR BLS 10-31-9 J. GO BEY/DAVID '-' EMT ...", '-' ....., DFARB,RENEE EMT EMT JT083679 12-01-9 G431720778610 10-01-0 BLS 05-24-9 ::;ONZALEZ,VICTOR PARAMEDIC DL G524872621770 05-17-0 CPR 11-30-9 EMT JT0079838 12-01-9 BTLS 06-01-9 MEDIC JA016678 12-01-9 ::;OOD,ROBERT PARAMEDIC 30RDON,CHARLES EMT 30SS,BARBARA EMT DL G200061589570 12-17-0 JT0081421 12-01-9 BLS 04-01-9 3RECO,FRANCIS EMT DL G62025066376 10-16-0 EMT JT0073824 12-01-9 CPR BLS 03-31-9 3RUNDT,STEVEN M EMT HlILBIN,KAREY A EMT h.n..l'-!COCK, CHAD PARAMEDIC HANSEL,MYLES EMT DL H524543662920 08-12-0 EMT JT0061013 12-01-9 BLS CPR 10-01-9 BTLS 02-01-9 HARKCOM,JEFFREY F PARAMEDIC H625426640890 03-09-0 HARRIS,CHRISTOPHER PARAMEDIC/ALT DL H62011069365 10-01-0 PARA JAOO14622 12-01-9 CPR BLS 10-12-9 ACLS 09-21-9 ·11 HAYWOOD,ROBERT R EMT HLASNICEK,ELIZABETH EMT ILARDI ,DARYL R EMT JAMES,GREGORY R EMT JAMES, JONATHAN EMT ,~- "RETT, ANGELA PARAMEDIC PARA JAOO15927 12-01-9 ACLS 12-01-9 BTLS 01-01-9 BLS- 08-01-9 PALS 04-28-9 JOHNS,DANIELLE M EM"" .." 'w "wfI 'nHNSON, GREGORY EMT vrlNSON,LORENZO EMT OHNSON,SHAUN EMT ORDAN,LUZ E EMT J635525766080 03-28-9 JT082425 12-01-9 CPR 08-31-9 EATING,MARK PARAMEDIC K352558593340 09-14-0 JA015932 12-01-0 ACLS 08-31-0 BLS 09-30-0 ELLENBERGER/KONRAD EMT DL K451511712100 06-10-0 EMT JT68491 12-01-9 BCLS 06-07-9 EVOC BTLS (COURSE COMPLET IRCHMAN,SHANNAN EMT K625793768090- IIEII 08-29-0 JT088258 12-01-0 BLS 11-30-0 TSSLAN,DONNA PARAMEDIC K245173648040 06-24-0 JA019028 12-01-0 ACLS 04-30-0 BLS 02-28-0 EVOC NICKERBOCKER,MARC EMT EMT JTOO16125 12-01-9 CPR 07-13-9 DL K526559713900 10-30-0 3 :JENIG,STEPHANIE PARAMEDIC DL K52078173915 11-15-0 MEDIC-JA016215 12-01-9 CPR 10-31-9 ACLS 06-20-9 BTLS 12-31-9 MEDIC JA016215 12-01-9 RAYANEK,KEITH PARAMEDIC DL K652515661010 03-21-0 MEDIC-JA016578 12-01-9 CPR BLS 07-31-9 MEDIC TEMP ROLCZYK,PAUL EMT DL K462696522560 07-14-0 EMT JT0073306 12-01-9 CPR 03-04-9 BTLS 01-02-9 lJPSTAS, STEPHEN PARAMEDIC K123790472280 06-28-0 YTOSKI,ANDREW EMT K320010700860 03-06-0 EMT-JT082770 12-01-9 '-' B L S -..."I 11-30-9 '-' ...., J7\BOY/CANDIDA EMT LfiÑDESMAN/WARREN EMT L532888722600 07-20-0 JT087823 12-01-0 BLS 05-18-0 EVOC LANZA/ALPHONSE R PARAMEDIC DL L52000062344 09-24-0 PARA JAOO12238 12-01-9 CPR BLS 10-05-9 ACLS 10-05-9 BTLS 00371A 08-31-9 PALS 02-16-9 LEE/MICHAEL EMT LOO0550671640 05-04-0 EMT-NOT ON FILE BLS 06-30-0 LENA/IGNAZIO PARAMEDIC DL 500416651780 ' 05-18-0 EMT JT0077293 12-01-9 CPR 03-24-9 LERER/HAGAI PARAMEDIC DL L66032065364 10-04-0 PARA JAOO12104 12-01-9 CPR BLS 04-25-9 ACLS 09-22-9 BTLS 12-31-9 LEVITES/KEVIN PARAMEDIC DL L132501662667 07-26-0 PARA JAOO12281 12-01-9 CPR BLS 12-31-9 PALS 03-24-9 BTLS 12-31-9 ACLS 06-20-9 NR MP845885 03-31-9 BTLS INSTRUCTOR 12-31-9 LEWIS/TIMOTHY EMT LIDDLE/BROOK D PARAMEDIC/ALT DL L34006454292 08-13-0 PARA JAOO12010 12-01-9 CPR BLS 07-19-9 ACLS 09-30-9 LOMBARDO/ANDREW EMT LONG/HILARY PARAMEDIC EMT JTOO022068 12-01-9 LOPEZ/ALEX T EMT S120018781400 04-20-0 JT088274 12-01-0 BLS 04-30-0 EVOC LOVE/RICHARD J EMT EMT JT020317 12-01-9 BLS 06-12-9 LUCAS/MICHAEL EMT LUPPENS, MARC '-' EMT """'" ~ '-" ....., CLOUD,PATRICK EMT MADERA,ROBERTO EMT MAGLIETTA,PATRICK PARAMEDIC M243679682490 07-09-0 JAOOO04919 12-01-0 ACLS 02-20-0 BLS 05-31-0 MANISCALCO, NICK PARAMEDIC/FTO DL M524625654680 12-28-9 PARAMEDIC JA0014301 12-01-9 ACLS 04-30-9 BLS 12-29-9 BTLS MARINO,JOHN W PARAMEDIC DLM65043968446 12-06-9 MEDIC JA013555 12-01-9 ACLS , 05-25-9 PARA JA0013555 12-01-9 BTLS 05-26-9 BTLS INSTRUCTOR 12-31-9 MARTEL,RICHARD PARAMEDIC M634741723380 09-18-0 MEDIC JA019187 12-01-0 ACLS 05-21-0 BLS 07-10-0 EVOC MASRI,TALAL S PARAMEDIC DL M26080068047 02-07-9 CPR BLS 10-24-9 PARAMEDIC JA0014048 12-01-9 ACLS 01-30-9 ADVANCED PHTLS: 07-22-9 MAURI,ERNESTO PARAMEDIC DL M60020072442 12-02-9 PARA JA0013704 12-01-9 CPR BLS 09-10-9 ACLS 07-31-9 :;¡CAFEE,TIMOTHY PARAMEDIC DL M210803501720 05-12-9 .. PARAMEDIC JA0014306 12-01-9 ACLS 02-01-9 :;¡CCLUSKEY, HEATHER EMT VJCDOWELL,SEAN PARAMEDIC M234795640420 02-02-0 JA 12-01-0 ACLS 07-31-0 BLS EVOC .UGH I SCOTT EMT VJEEHAN,KEVIN B PARAMEDIC DL M50050243057 02-17-0 EMT JTOO057261 12-01-9 CPR BLS 03-01-9 '-' """'" ACLS INSTRUC ACLS 09-01-9 05-31-9 ~ ." 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All employees assigned to St. Lucie County's ambulance units will meet or exceed the Board's requirements for certification and training. Field Supervisors will routinely perform quality improvement reviews analyzing field practices, skills and paperwork of line employees. In addition, each employee is formally evaluated periodically (no' less than annually). f) American Medical Response' local Department of Education has four full-time EMS Instructors and 12 full-time Field Training Officers providing classroom and practical medical and driving instruction. American Medical Response' Department of Education regularly conducts continuing education courses for both fire service and our own employees in all aspects of emergency medical services. We routinely offer enough annual training to surpass the State of Florida's required training and meet the National Registry requirements for Emergency Medical Technicians (EMT's) and Paramedic re-certification. g) Medical Direction is provided by Dr. Joe Nelson, D.O. His leadership and oversight will be available and provided on a 24-hour basis. Dr. Joe Nelson is Board-certified in Emergency Medicine - Medical Director, Dr. Joe Nelson, maintains regular office hours at our regional headquarters and oversees our Education Department. A former paramedic, Dr. Nelson has specialty medical fellowship training in the medical direction of emergency medical service providers. Dr. Nelson is the immediate past- President of the Florida Association of EMS Medical Directors. Furthermore, he enjoys emergency department staff privileges at several hospitals in Florida. Dr. Nelson has developed unified standing orders for our Basic Life Support and Advanced Life Support EMS services to assure medical continuity and the delivery of high quality care to his patients. '-' ""'" AMERICAN MEDICAL RESPONSE REQUEST TO PROVIDE NON-EMERGENCY AMBULANCE TO THE CITIZENS OF ST. LUCIE COUNTY 13. LICENSES '-' "" ~ \,Q t"- ~ o o < c æ o it . u. o w ~ ~ U) t/) w u UJ> U)fr ZW wen ~..J ..Jc(:r ....o~ a::Cù] OW: a::ïLa., ::;»0 Cl)U... WZZ u.WW _o~ ...J~'" wa:: C:æ~ ~ww ZLLO ~O c=> <L5 c::: :J IX) . . ~ ; < ãJ ;; ~ :e ~ j2 .!! ~ ~ '-' ~1 f·B sj ]~ iæ .~ 1; ~¡ ~~ j'~ ~ ~ ~..!2 . g;.8 ~~] ~ ~~ î ~~ c-;f ~ f < UJ Š ~ :$ .~ u j:§ ~ u;;;J2 ]~ ·i H ~ H ~fJz v)s Ô .,]j ~ o ::: ~ III ~! j[ u~ .;3tn .~ ~ ~~ ~1 ~- --ª< ~ ~i f· l ~ ~ 11 1 !"j . ] e 1 I Li.. gO Õ~ D~ ~ 1;: 1 J 3 f fi ~ ~ 's. z : 6 1 ~ j"Ii ~ 0..,... !:! 8 . !3 '-' 0.. c5 . !:I o < o :: ., . ..... . . - ..... . . ... - : ~ : .. . . - . . ... . -.I J 1 ] i I) oS .s I .8 1 . 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U)(f) I Q -I:tt - :;) I:::¡¡; >-I I-w r <! (f) :z 1l. w I u :::ï * ltj l * 1: <I ( ) >- ~ lL! Z ::> U 0 Z U <I t··) () W...J =1* r"~ U J: (." -, t··) u. U - 2m WI' U <t DE: :J! .UJ u..c: ~ Z In ~ cc (f.! 0:: i..U~ a: :E <t WI <:r: :>o;t ...J ...J o::u :r: <I ~""I U êt <! a::: i'~1 -iW .,. (n ~ a: ..... <IŒJ Q: rj) -' Z ~ U WiJJl.!.. LlJ J: HE -~ U U L.- 0 C:-J ¡- (!)I ....... ..., I.lJ ;.U <1: ffi zu :> ...J 00 2:0... 0<1: ::c ...J ....J :II UW :.!..I 0 CD Z U 0 Œ¡ m u ["-'1 <I ...... 0:: 0 >< .,....¡ UI- (1)>- u ~ ~z ....... <! >-I OJ ::c <r if) ü:: -J 0' ~U ...J l) if) -1 ;:r¡ !J' ~ , Z CDLLI ::J ~- ;- ..... <t - ...... r-.~ ;::¡ 0... "- ~"~ ...... 00 , o tn o I' '-" ~ June 9, 1997 AMERICAN MEDICAL RESPONSE 5551 NW 9TH AVE FORT LAUDERDALE, FL 33309 ATLANTIC/PAIM BFAæ AHBIJIANCE, INC. Subject: AMERICAN MEDleAL RESPONSE REGISTRATION NUMBER: G97157000168 This will acknowledge the filing of the above fictitious name registration which was registered on June 6, 1997. This registration gives no rights to ownership of the name. Each fictitious name registration must be renewed every five years between July 1 and December 31 of the expiration year to maintain registration. Three months prior to the expiration date a statement of renewal will be mailed. IT IS THE RESPONSIBILITY OF THE BUSINESS TO NOTIFY THIS OFFICE IN WRITING IF THEIR MAILING ADDRESS CHANGES. Whenever corresponding please provide assigned Registration Number. Should you have any questions regarding this matter you may contact our office at (904) 487-6058. . Fictitious Name Section Division of Corporations Letter No. 097A00031 062 DiVision of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 '-' ....,., AMERICAN MEDICAL RESPONSE REQUEST TO PROVIDE NON-EMERGENCY AMBULANCE TO THE CITIZENS OF ST. LUCIE COUNTY 14. APPLICANT'S HISTORY \..I ....,,;J 14. Please provide a narrative history of Applicant's company. At a minimum please include: (a) three personal reference, (b) completed training and certificates, (c) experience and personal integrity, (d) areas previously and/or currently served, (e) hospitals or other entities previously or currently served, names and length of employment of key employees. References: Chief Clay Walker, Director 600 South Ocean Boulevard Manalapan, FL 33462 (561) 585-9477 Chief Roger M. Crane Town Administrator 3577 South Ocean Boulevard South Palm Beach, FL 33480 (561) 585-9720 Randy Sheppard Chief of Rescue 50 South Military Trail, Suite #101 West Palm Beach, FL 33415 (561) 233-0010 Completed Training and Certificates: (see attachment #4) Experience and Personal Integrity: American Medical Response is a Total Quality Management - driven company. We are a subsidiary of American Medical Response, of Denver, Colorado, which is the largest private provider of pre-hospital, emergency and nonemergency medical services (EMS) in the United States. The resources of American Medical Response's publicly-traded parent company, Laidlaw, Inc., gives us the experience and backing of the largest EMS company in North America. American Medical Response maximizes use of American Medical Response's corporate ~ ~ resources in all aspects of our business. Our oldest sister company has been in the EMS business for over 73 years. Highlights of American Medical Response's Florida operations include the fol/owing: American Medical Response, through its subsidiary companies, provides Emergency Medical Rescue and/or Ambulance and Critical Care Transportation Services in Dade, Broward, Palm Beach, Pinellas, Martin, Hillsborough, Pasco, and St. Lucie Counties and the Island/City of Key West in Monroe County. We currently serve over one-third of Florida's 13 million residents. American Medical Response is the largest private provider of EMS services in the United States and also Florida. Our success comes from a total understanding of every aspect of the business of EMS and 9-1-1 operations, providing the highest quality patient care, offering exemplary customer service and giving our customers exceptional value and peace of mind. Our local success comes from three perspectives: We have 39 years of EMS and dispatch experience in Florida. Our American Medical Response family has operational experience spanning seven decades. We are a Total Quality Management - driven company. American Medical Response is part of a financially sound, national company which has consistently provided a reasonable rate of· return to its shareholders, while simultaneously allowing for growth and expansion of its operations. We do this by providing high quality and cost effective EMS services for our customers. While being 'þart of "a national company, our employees are local. They live, raise families, buy houses, cars, and pay local sales and property taxes in support of the economy in the area in which they live and we operate. American Medical Response has well-organized billing policies and procedures which allows the company to remain financially sound. The local American Medical Response Business Office performs our general billing functions. Areas previously and/or currently served: American Medical Response is a principal provider (partner) of advanced life support ambulance services in Palm Beach County, Broward County, City of North Miami Beach and Pinellas County, :::.~ '-' .-../ Florida. Each of these county populations exceeds 500,000 residents. They experience great seasonal tourist influx as well. The annual population in these counties range from 876,000 to 2.4 million residents. In each of these locations, our performance is tracked and monitored on at least a monthly basis by local government officials. We are also the principal providers of ambulance services in several other Florida counties, however, their populations do not exceed 500,000. Contract Response Performance American Medical Response is a principal provider of advanced life support ambulance services in: 1. Palm Beach County, Florida (Population: 981,793). We have met or exceeded (arriving faster than) county government regulatory requirements for 10 minute average response times with 90% reliability for over nine years. The Towns of Manalapan and South Palm Beach receive ALS rescue service in less than the required response time of ten minutes with ninety percent reliability. 2. Broward County, Florida (Population: 1,392,252). We have met or exceeded (arriving faster than) the contractually required eight minute and eighteen second (08: 18) response time for emergency calls consistently since 1987 through October 1, 1997. Our new contract with Broward County no longer includes a response time requirement 3. Town of Davie, Florida (Population: 49,033). We meet our contractual obligation of ALS Rescue on scene six minutes with ninety percent reliability. 4. City of Wilton Manors (Population: 11,774). We meet or exceeded (arriving faster than) our contractual obligation of ALS rescue on scene within six minutes with ninety percent reliability. 5. Pinellas County, Florida (Population: 881,383). For nine years, American Medical Response has exceeded (arrived faster than) the 10-minute emergency response time (with 90% reliability) required by the government contract 6. Seminole County, Florida (Population: 307,000). For the past six years, American Medical Response has exceeded all contractual obligations. \w' ..., 7. Dade County, Florida (Population: 2,043,316). Since 1958, American Medical Response has exceeded all contractual requirements. 8. North Miami Beach (Population: 49,541). American Medical Response has operated in North Miami Beach since 1986 and has exceeded all contractual requirements. In each of these locations, our performance is or was reported, tracked and monitored on at least a monthly basis by local government officials. Ambulance Transports During Last Measured 12 months By operation and overall corporate reports, the following reflect the rounded number of ambulance transports during the last measured 12 months: Florida Operations Total 340,044 transports American Medical Response - United States Overall 5,500,000 +/_ Calendar Year. In addition to Florida, American Medical Response brings additional experience in high performance ambulance and dispatch operations in 36 other states. We operate in the heavily populated cities of Boston, Los Angeles, New York, Philadelphia and other surrounding areas in the United States and Mexico. Documentation of existinq Capabilities We have, and will continue to provide, supporting documentation throughout this proposal to demonstrate our existing capability to furnish the service which is required under this procurement Hospitals or other entities previously or currently served: Florida Medical.Center 500 West Oakland Park Boulevard Fort Lauderdale, Florida 33313 (954) 735-6000 West Boca Medical Center 21644 State Road 7 Boca Raton, Florida 33428 (561) 488-8100 \..f ~ Plantation General Hospital 401 Northwest 42 Avenue Plantation, Florida 33317 (954) 587-5010 Columbia Hospital Corporation 2111 Glenwood Drive, #100 Winter Park, Florida 32792 (407) 646-7505 Key On-Site Personnel Management Staffing and Operations Plan We are a company who believes strongly in an open door policy, open lines of communications and innovation. · The designated Paramedic Administrative Supervisor reports to the Palm Beach County Operations Manager and interacts with customers, patients, road supervisors, field crews, Contract Administrator(s), vendors and the Office of the Medical Director. The Supervisor is responsible for all daily operations requirements, including crew training, and all regulatory and contract compliance. · The Palm Beach County Operations Manager reports to the Northern Director of Operations and interacts as needed with customers, patients, road supervisors, field crews, Contract Administrator(s), vendors and the Office of the Medical Director. HE¥ is responsible for all daily operations requirements, including regulatory and contract compliance throughout Palm Beach County. · The Northern Director of Operations reports to the Regional Chief Executive Officer and interacts primarily with Political Officials, County Contract Administrator(s), and Corporate Officers. The Vice-President will interact as needed with customers, patients, road supervisor, field crews, vendors and the Office of the Medical Director. The Northern Director of Operations is responsible for overall operations throughout the Northern Operations. ~ . il · The Regional Chief Executive Officer reports to the Chief Operating Officer and interacts primarily with Political Officials, and Corporate Officers. The Regional CEO will interact as needed with customers, patients, road supervisors, field crews, vendors and the Office of '-' o,J the Medical Director. The Regional CEO is responsible for the overall operations throughout the Florida Division. The proposed detailed staffing plan will in all instances meet the minimum requirement stated in the RFP. Environmental Regulations. American Medical Response has no records of any environmental citations and lor violations, notices and dispositions thereof. American Medical Response Florida Offices and Master Station Locations. Regional Headquarters: Palm Beach Monroe County: Martin/St Lucie County: Pinellas County: Hillsborough County: Dade County Pasco County Broward Ambulance, Inc. d/b/a American Medical Response 5551 NW 9th Avenue Fort Lauderdale, Florida 33309 Atlantic/Palm Beach Ambulance, Inc. d/b/a American Medical Response 1105 Barnett Drive, Suite D Lake Worth, Florida 33461 Atlantic/Key West Ambulance, Inc. d/b/a American Medical Response 1414 1 Street Key West, Florida 33040 2554 SE Clayton Street Stuart, Florida 12490 Ulmerton Road Largo, Florida 34644 4914 West Knox Street Tampa, Florida 33614 7255 NW 19 Street Miami, Florida 33016 4111 Landolakes Boulevard Landolakes, Florida 34637 '-' '-.I Organizational Structure: American Medical Response is comprised of several main departments: Operations, Quality Improvement, Safety and Loss Control, Community and Government Relations, Human Resources, and Administration. Any quality operation is only as strong as its team members and management. Working with our EMT and paramedic health care professionals, American Medical Response has a very strong management team. All managers are highly qualified professionals with many years of experience in the pre-hospital care industry and dedicated to providing extraordinary value in our quality services. In addition, the expansion of American Medical Response into other local operating areas has benefited our Regional Operations by making other resources and efficiencies available to us. We coordinate purchasing between other operations, allowing us to obtain volume (lower) prices for supplies, which reduce expenses and controls cost to consumers. As a member of several community and industry trade associations, we have the ability to network with the business, EMS and transportation industries in the nation to exchange information and ideas. Key Staff: The current Management Team of American Medical Response, in South Florida consists of: Robert Garner, Chief Executive Officer - Florida Robert L Garner has been named the Chief Executive Officer for the Florida Division of American Medical Response. Previous to this appointment, Bob was Chief Operating Officer of the AMR South Region as well as President & CEO of AMR Florida. His division includes Dade, Broward, Palm Beach, Martin, St. Lucie and Monroe Counties. Bob's career prior to AMR included serving as Executive Vice President of Randle-Eastern Ambulance Service, and Senior Vice presidenU Chief Pilot-Caribbean and South American Operations for the Ransome Group. A Director with the American Ambulance Association since 1990, Bob served as founder & Charter President of the Florida Ambulance Association. He is a graduate of the University of North Carolina. Jaime S. Caldwell, Director of Operations Jaime Caldwell has worked in the Emergency Medical Services (EMS) industry for 15 years. His first nine years were with the Bureau of Emergency Medical Services, Florida Department of Health as its Deputy Director. He joined American Medical Response in September of 1994 as its Chief Administrative Officer and now its Director of Northern Operations. Mr. Caldwell is the immediate past president and current board member of the Florida Ambulance Association and he is the Chairman of Florida's Emergency Medical Services Advisory Council. The council is \.f '...,./ responsible for advising the Secretary of Florida's Department of Health on matters affecting the emergency medical services industry. Jaime holds a Masters' Degree in economics from Florida State University. Eddie Szymczyk, Palm Beach County Operations Manager Eddie has been with American Medical Response since 1992, and been in the EMS field since 1984. During this time, Eddie has served in every aspect of the industry from EMT through First Responder Paramedic. Recognizing his supervisory and management experience, Eddie was promoted to Operations Manager with American Medical Response. As Operations Manager in Palm Beach County, Eddie is the liaison between field and communications personnel, administration and fleet, and other health care providers as well as local government officials. Jennie Petitgout, Palm Beach County Administrative Supervisor Jennie Petitgout, Palm Beach County Administrative Supervisor, and has been with American Medical Response since July 1989, and in the EMS field since 1984. Jennie began in the field as EMT first responder in Illinois. She has been a supervisor since 1992, and was promoted to Administrative Supervisor in March 1999. As Administrative Supervisor, she handles the day to day operations. John F. Kelleher, CPA, Regional Director of Patient Business Services John F. Kelleher serves as the Regional Director of Patient Business Services for' the Florida Divisions of American Medical Respom¡e. Previous to this appointment, Jack was Divisional Director of Financial Operations for AMR Florida. His division includes Dade, Broward, Palm Beach, Martin. St Lucie, and Monroe Counties. Jack's career prior to AMR was in public accounting were he served in several positions including Senior Partner of his own firm. A member of the American Institute of Certified Public Accountants and Florida Institute of Certified Public Accountants. Jack serves on the health care committee of the Florida Institute of Certified Public Accountants. He is a graduate of the University of Scranton in Pennsylvania. '-' ...,¡ Joseph A. Bevilacqua, Director of Clinical Services and Education/Administration _ South Florida Joseph A Bevilacqua has been named the Director of Clinical Services and Education/Administration for the South Florida Division of American Medical Response. Previous to this appointment, Joe was Administrative Director of American Medical Response Division 18. His division includes Dade, Broward, Palm Beach, Martin, St. Lucie, and Monroe Counties. Joe's career prior to AMR included serving as a teacher and administrator in the Miami Dade County Public School System and Service Director of Maroone Enterprises. He is a founder and Charter member of Leadership South Dade. He is a graduate of the University of Miami (B. A) and Nova- Southeastern University (M.S.ed.). Paul H. Gruhler, Fleet Maintenance Manager Paul Gruhler was named Fleet Maintenance Manager for the South Florida Division of American Medical Response in April of 1997. Prior to this appointment, Paul held the position of Fleet Technician. Paul came to the ambulance industry twelve years ago following a sixteen year career in the retail automobile repair business as a ASE Certified Master Automobile and Light Truck Technician with factory training in all phases of maintenance and repair from both General Motors and Ford. He has held the position of Service Manager with the Good Year Tire and Rubber Co. and Director of Service and Customer Relations with Clark Oldsmobile in West Palm Beach Florida. Support Services: Distinct from the operational areas of our company are the administrative and support areas. American Medical Response has expanded internally to match the external geographic expansion. Support services which are currently in use include: Department of Education: Currently, we have four full-time instructors providing classroom and driving instruction. The classroom instructors provide initial training and orientation for new employees, as well as continuing education for re-certification. The Driver Training Instructors provide all initial driver training as required by Florida and AMR standards for EMT, as well as instruction in Fail-safe Driving and DOT Defensive Driving. Each instructor is fully certified. Courses currently offered include Medical First Responder (a requirement for Ambulance Drivers), EMT Refresher, CPR, ACLS, BCLS, PHTLS, NRP (NALS), PALS, and infection '-' ~ control procedures (as directed by our standing orders), and other continuing education courses certified for CEU's. Critical Incident Stress Debriefing (CISD): The CISD team is available on a 24-hour basis. The members of the team have received all required training for this position, and participate in municipal and regional updates. Risk Management: The Risk Manager is available on a 24-hour basis. All injuries, exposures and property damage claims (Le. auto accidents) are directed to Risk Management immediately for review and determination. Safety is foremost. Continuing education is provided to meet all safety requirements including OSHA and State regulations. A high degree of coordination between the Department of Education, Office of the Medical Director, and the Risk Manager ensures that employees' concerns as well as the Company's are promptly addressed in educational offerings and postings. Professional Relations/Marketing: The Professional Relations Department serves ·as a liaison between the Company and health care facilities. The responsibilities of this department include developing the market for interfacility transports, providing personal attention to our clients and contracted facilities, and resolving any problems that may occur during pre- arrangement or while providing transports. The Professional Relations Department has developed seminars designed to educate the health care and social services personnel in the nuances of the ambulance and Emergency Medical Services industry. In cooperation with operations management, these seminars 'are provided to all service areas and facilities. Information Technology (I.T.): The LT. Manager is responsible for correlating data to be used by the administrative staff. In-house engineering, computer systems and public dispersal of information are directed by the LT. Manager. Computer related services are provided by computer programmers, who are supervised by the LT. Manager. Communications Specialists: All radio/electronic equipment and computer phone systems are maintained by the Communications Specialist. All repairs and modifications to our radio equipment are handled by our technicians, removing the reliance on outside radio shops. The Communications Specialist has received authorized Southern Bell training which enables us to competently handle computer phone problems without phone company involvement. 'w' ...., Medical Direction: Medical direction is available and provided on a 24-hour basis. Our Regional Medical Director maintains regular office hours at our regional headquarters. Unified Standing Orders have been developed for Basic Life Support and Advanced Life Support services to assure continuity of high quality patient care. Training: Although field employees hired at American Medical Response are already certified and licensed, a great deal of additional training is provided before they are allowed to assume patient care responsibilities. Our staff and Field Training Officers provide each employee with individualized company training in policy and procedures, paperwork and medical documentation, equipment familiarization, driver training, and safety. Field Training Officers are carefully selected and are seasoned veterans. Through the coordination of the Field Operations Supervisors each new employee has a specific curricula and a list of accomplishments that he/she must meet. In addition to clinical excellence, we also stress the importance of positive customer relations with the patient, other EMS providers, institutional personnel, and the many customers with which we interact daily. " Another important aspect when selecting a provider of Emergency Medical Service is the image and reputation of the provider. Many patients are unable to distinguish between government agencies and the private ambulance provider. Therefore, the quality of service provided by the medical transportation team can have a "spill-over" effect on the patients perception of the quality of care delivered by the governmental agencies. American Medical Response possesses a well-earned reputation in this regard which cannot be equaled by any of our competitors. Additionally, American Medical Response is one of a few EMS providers in the country to employ a full-time Medical Director. Quality Assurance/Improvement (QA/QI): Qualitative differences between competing ambulance providers are sometimes not evident, even to fellow health care professionals. Significant differences do exist, however, and patient care and customer satisfaction are impacted. The additional effort and expense taken at American Medical Response to hire the best personnel, provide extensive educational and quality assurance controls, obtain and maintain state of the art equipment, and provide highly competent support, supervisory, training and management staff, generates measurable benefits for both the patients transported and the many institutional customers who request our service. In addition to careful employee selection, extensive orientation, training and continuing education, we employ a variety of other '-' ...,¡ Total Quality Management techniques in Deming-Shewart Cycle (Plan, Do, Check/Study, Act) technique to ensure the delivery of high-quality patient care. Our field supervision staff spot checks performance and review field paperwork to ensure that it is accurate and complete for both medical audit and billing purposes. Field employees are formally evaluated on an annual basis. This formal evaluation included an appraisal by a training officer of the emergency medical technician or paramedic while performing actual patient care responsibilities. This is used as a training opportunity to correct any deficiencies, to enhance skills and to re-emphasize positive customer relation skills. Educators are also regularly assigned to work with American Medical Response field employees between normal annual interviews. The QA program is administered by the Quality Improvement Manager. Weekly reviews of run reports are performed by the Quality Improvement Manager and Director of Education. Monthly meetings of the QA Committee are held to examine our ability to insure continued quality patient care. Commitment to Clinical Excellence: The American Medical Response Quality Improvement Program has been established to facilitate objective, quantifiable measurement and continuing improvement in a Total Quality Management environment for each area affecting the outcome of requests we receive for EMS and other services. These areas include: Employee technical and customer service knowledge Employee morale Patient care equipment Ambulance fleet Dispatch process Response times On scene '-' ...., AMERICAN MEDICAL RESPONSE REQUEST TO PROVIDE NON-EMERGENCY AMBULANCE TO THE CITIZENS OF ST. LUCIE COUNTY 16. FDLE ST. ~IE COUNTY CERTIFICATE OF PUBLIC'" CONVENIENCE AND NECESSITY APPLICATION 16. Written documentation of a background check performed by the Florida Department of Law Enforcement (FDLE) on each of the applicant's personnel. American Medical Response has an ongoing policy to provide for FDLE background checks and driving record on all employees. American Medical Response further pledges to continue this commitment by.having this statement notarized. STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledge before me this 6th day of April 2000. by Melodie Haley as Human Resources Representative for American Medical Response. fJtfYn~ (')t. I/' 1: Notary Public State of Florida Lj-i£; -()Q Date SEAL: Personally Known l , or Produced Identification Type of Identification Produced '-" ...", AMERICAN MEDICAL RESPONSE REQUEST TO PROVIDE NON-EMERGENCY AMBULANCE TO THE CITIZENS OF ST. LUCIE COUNTY 17. C.O.N.'S HELD BY ATLANTIC/PALM BEACH AMBULANCE, INC. D/B/A AMERICAN MEDICAL RESONSE ST.~CIE COUNTY CERTIFICATE OF PUBLI~ CONVENIENCE AND NECESSITY APPLICATION 17. Please list any other Counties in the State of Florida or other States in which the applicant holds a Certificate of Public Convenience and Necessity. Martin County STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledge before me this 6th day of April 2000. by Jaime Caldwell as Director of Operations for Atlantic/Palm Beach Ambulance, Inc. d/b/a American Medical Response S Jaime S. Caldwell Director of Operations o~ S6A/:'r Notary Public State of Florida '-I/ølo() Date SEAL: Personally Known -1L , or Produced Identification Type of Identification Pr9duced EMS\EMSAPPP.11 7/13/95 revised 01/21/97 ¥ AGENDA REQUEST ITEM~. C-7B DATE: April 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Certificate of Public Convenience and Necessity (CON) - Renewal of Coastal Care Corporation, d/b/a Coastal Care Advanced Life Support (Classes B and F) BACKGROUND: See attached memorandum CA 00-565 FUNDS AVAILABLE: N/A PREVIOUS BOARD ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the application of Coastal Care Corporation, d/b/a Coastal Care Advanced Life Support for renewal of its Classes B and F Certificates of Public Convenience and Necessity based upon a determination that Coastal remains in compliance with the terms of its CONs and Chapter 1-12.5 of the Code of Ordinances. '-;1 [x] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attorney: 1, L \ ,/ f ~l '"' Purchasing: Originating Dept. Other: Finance: (Check for Copy only, if applicable): _ '-' 'wII INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-565 DATE: April 19, 2000 SUBJECT: Certificate of Public Convenience and Necessity (CON) - Renewal of Coastal Care Corporation, d/b/a Coastal Care Advanced Life Support (Classes B and F) BACKGROUND: Coastal Care Corporation, d/b/a Coastal Care Advanced Life Support has submitted an application for renewal of its Classes B (non-emergencyinterfacility ALS or BLS) and F (wheelchair transport) Certificates of Public Convenience and Necessity ("CON"). The Public Safety Director has determined that Coastal remains in compliance with the terms of its CONs and Chapter 1-12.5 of the Code of Ordinances as required under Section 1-12.5-16. On April 19, 2000, the Emergency Medical Services Advisory Council reviewed the application and voted 6-0 to recommend renewal of Coastal's CON. A copy of Coastal's application is attached to this memorandum. CONCLUSION/RECOMMENDA TION: Staff recommends that the· Board of County Commissioners approve the application of Coastal Care Corporation, d/b/a Coastal Care Advanced Life Support for renewal of its Classes Band F Certificates of Public Convenience and Necessity based upon a determination that Coastal remains in compliance with the terms of its CONs and Chapter 1-12.5 of the Code of Ordinances. Respectfully submitted, ~ Chs-- Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Public Safety Director Deputy Clerk .11. '-' . . ··COASTAL CARE ADVANCED LIFE SUPPORT TRANSPORT SERVICE ..." .11. . . .. COASTAL CARE-A-VAN A member of the Martin Memorial Health Systems not-for-proflt family of seNlces COASTAL CARE ADVANCED LIFE SUPPORT Renewal Application to 81. Lucie County for Certificate of Public Convenience and Necessity March, 2000 Administration: P.O. Box 9010, Stuart, Florida 34995. (561) 223-5620. Fax (561) 223-5621 Billing: P.O. Box 3299. Stuart. Florida 34995. (561) 223-5665 24-hour Ambulance. Wheelchair and Stretcher Transportation ·11- . - .. MARTIN MEMORIAL 3feaft/i Systems, Inc. '-' ....., Mr. Jack Southard, Public Safety Director St. Lucie County Department of Public Safety 101 North Rock Road Ft. Pierce, FL 34945 Dear Mr. Southard: Martin Memorial Health System's medical transportation services company (Coastal Care Advanced Life Support) is requesting the renewal of its Certificate of Public Convenience and Necessity in order to continue with its service to the citizens and businesses of St. Lucie County. Coastal Care ALS is a not-for-profit, non-governmental medical transportation company that has been providing service in Martin, St. Lucie, and Okeechobee counties for over ten years. As St. Lucie County continues to grow at a I rapid rate, we would like to not only continue but increase our support to the community. ' ';1 Martin Memorial Health Systems has demonstrated their commitment to St. Lucie County by establishing and operating multiple facilities and service centers in the county. Our broad-based operations include physician offices, two (2) walk-in treatment centers, an outpatient surgery center in St. Lucie West, two (2) rehab and wellness centers, two (2) medical supply stores and a medical transport service providing non-emergency ambulance and wheelchair transportation. Martin Memorial Health Systems is proud of its history of serving St. Lucie County and is committed to providing high-quality patient care to the residents. We are pleased to report that because of increased volume of business and demand for our services in St. Lucie County, we are re-applying to Medicaid for licensure. That extensive application is near final completion at this time, and a copy will be forwarded to you immediately upon its completion, which we expect to be no later than April 10. The biggest challenge that faces all Medicaid providers in the county is complying with the authorization and reporting requirements. We would welcome any opportunity to work together with the agency and all other transport providers in the county to look for ways to streamline and simplify the administrative processing for Medicaid eligible transports. Enclosed are nine (9) sets of our completed renewal application and attachments. We look forward to speaking with you, and providing you with any additional information you may need. very;r~r;9L ~ ~ ('. C-\ t""-- --" N,f rk Robitaille Vice President, Chief Operating Officer o~c¿~v DIane Korbel . Manager PO Box 9010, Stuart, Florida 34995 . (561) 287-5200 Fully Approved Joint Commission on Accreditation of Healthcare Organizations '" ~LUC/E COUNTY CERTIFICATE OF p.... d IC C VEN/ENCE AND NECESSITY APPLICATION Coastal Care Advanced Life Support/ a division of 1. Applicant's name: Hartin Memorial Health Systems Address: Post Office Box 9010, Stuart, Florida 34995 2127 South East Ocean Boulevard, Stuart, Florida Phone: (561) 223-5620 2. Applicant's Business is a ( ) Sole Proprietorship ( ) Partnership (x~ Corporation If Applicant is a partnership list the lIame and address of each partner: Name: Address: N/A N/A .. ~.. ./. .' If Applicant is a corpor~tion list the Name and Address of the following: It,~ Coastal Care Adva~ced Life Support a division of ~. Name: Martin Memorial Health Systems " Address: Post Office Box 9010, Stuart, Florida 34995 President: Richmond Harman P.O. Box 9010, Stuart, FL 34995 V. President: Mark Robi ta i lle P.O. Box 9010, Stuart, FL 34995 Secretary: John Tagliareni P.O. Box 9010, Stuart, FL 34995 Treasurer: L.M. Cocorullo P.O. Box 9010, Stuart, FL. 34995 f..' Date of Incorporation: Place of Incorporation: 1983 Stuart, Florida (If Applicant is doing business under a fictitious name, please attach evidence of compliance with Section 865.09, Florida Statutes.) 3. Applicant's Medical Director: John L. Simons, DO Address: Post Office Box 9010, Stuart, Florida 34995 Phone: (561) 223-5620 4. Please attach a personnel roster which includes the names of all Applicant's employees, position held, the relevant licenses held by the employee and the license numbers and expiration dates, as required by the Stale of Florida. fSee Attachment #1) .! ',,,, ~" . I . ~ ' :r 't.:... :¡,;. '" ¡', 'r :10'.' -.;..'. ,., .r., ~.: ., .... .. . '. }: " ;. ,~, . ,f< . ~\' ( . .. :.:~. ~f~ 'i" ;:...:~ Y' . :~.:. . ,~~.. '. . /.'.: ~'. t1~ . .J~." " . . .~. _: ,.:, ~\:~ . '¡-.t. " ..... "", 'l'~ ;.. .~ ..~~. , '10'" ..... f. . ~I ~;".~ .j ~~ :~~~. .~. .:,. ....; ..... . .~:¡~:: ···~k·:.:· :t·: . Please a,-,,' a vehicle roster which describes all vehiCJpplicant proposes to use In Sf. Lucie County as well as the relevant license and registration numbers. (See Attachment #2) ~..~:..: .' - . .:'.,..' " 6. . Please list how you handle radio communication from your base of operation in Sf. Lucie County to your vehicles and/or personnel out in the field of operation. (See Attachment #3) 7. Please attach a current financial statement which Includes a statement regarding whether or not Applicant receives Federal or other Public funds. If Applicant is a governmental unit, please provide statement offunds budgeted for this service. " . (See Attachment #4) Name of Applicant's insurance carrier and amount of liability coverage (per ':'" person and per occurrence). (Please attach Certificate of Insurance from such carrier.) (See Attachment #5) 8.'. ,\ . "j ,.. t. .~ .. .' , 9.'~:· Area (s) proposed to be served by Applicant: ., :};'" Non-Emerqency for entire St.Lucie County . ':- .. ... . .... . ":,1' (Also please provIde a detailed map of service area.) " '.:.. .1.Ø;·. Address of base of operation from which the proposed area (s) are intended to be served: (If the relevant base of operation has not been established, please Indicate and describe the general area proposed for the location of th~ base of operation.) Our St.Lucie County base of Operations is located at '. 11. Martin Memorial Health Services at Tiffany, 1651 South East Tiffany Avenue, Port St.Lucie, Florida 34952 (561) 223-5620 Proposed rate schedule: Please provide schedule of all rates for service currently applicable: ( In addition, please Indicate whether applicant is willing to provide indigent transport service and community service during any emergencies). (See Attachment #6) .... ,>", ..... 1~/:'" Please provide detailed information on how you will affect existing services In the following areas: (a) cost, (b) quality of care, (c)availability (24 hour operation). 13.' (See Attachment #7) Date Applicant applied for or received license and permit (s) as required by Chapter 401, Florida Statutes and any applicable rules. (If license and permit(s) have been obtained, please attach copies. If not, please attach copy of completed application for the license and permit(s). (See Attachment #8) .., ~\ .~' , . . Please prov,-,3 narrative history of Applicant's companY',-,a minimum please 1~, " include: (a) three personal reference, (b) completed training and certificates, (c) experience and personallntegrjty, (d) areas previously and/or currently served, (e) L)': hospitals or other entities previously or currently served, (f) names and length of employment of key employees: (See Attachment #9) 15. On a separate sheet, please provide a justification for your application. Any relevant support documentation should be attached such as area survey you may have conducted, growth studies, population studies, needs assessment. (See Attachment #10) 16. Written documentation of a background check performed by the Florida Department of Law Enforcement (FDLE) on each of the applicant's personnel. (See Attachment #11) 17. Please list any other Counties in the State of Florida or other States in which the applicant holds a Certificate of Public Convenience and Necessity. '.' (See Attachment #12) ¡:, . . 18.; Classification applying for: CON License Renewal .t', . '" ~.', , ,"" . .¡" , ... ..ì ·L S.:(ATE OF FLORIDA COUNTY OF tlf"ý-,'n The foregolr;p Instrument was a. cknowledge before me this 00¢1L.. day of P:jMcJL , ~ ~ by r'Y}a¡-K ['. ~bfWl/r¿ as·. Ý p/~OO for f11a1''¡;(I rY/llf1i:'t'-/a/ .¡Iv./V-/t (fis--kl1d .. ,II -----, l1rHtI"ï.:":)j.-,j)¡ ~,: .'.L. ' "IIYI.'Y,1.:~·'.I",I.:.~···1 .'1,' r~'.:rr.\nì"J"llHli'-·:T.\'''· : '."'" ~,t ,~~~:;~~~~_~~'~'!;;;!i~~ ~:I ~:" ~f .'~~ ;':. :,~'i?' !. .f/¡ý//ís D~/lþ¡5 -(]t<ð Ü-v, Personally Known /, or Produced Identification Type of Identification Produced EMSIEMSAPPP.11 07/j 3/95 revised 3/12/98 ¥ """'" Attachment # 2 Vehicle Roster Coastal Care ALS Transportation Services YEAR I UNIT NO. MAKE/MODEL I TYPE VlN TAG LEVEL Ambulances 1995 602 FORD E350 Type III 1FDKE30F2SBB95924 U3931G ALS 1997 603 FORD E350 Type II 1FDJS34F6VHA44958 U3933G BLS 1993 605 FORD E350 Type II 1FDJS34H1NHB41421 U8404H BLS 1999 606 FORD E350 Type III 1FDSE30F2XHA41446 MFF97R ALS 1992 607 INTERNATIONAL NAVISTAR TYPE I 1HTSLNHHONH401487 U0824H ALS 1998 608 FORD E350 Type III 1FDKE30F1VHC02947 U5918Q ALS 1997 610 FORD E350 Type II 1FDJS34F6WHA59007 EZ199W ALS 1994 611 FORD E350 Type III 1FDKE30H2RHB61152 U4911P ALS Wheelchair Vans 1998 975 FORD E350 N/A 1FTSS34S2WHA98281 MFF83R WHEELCHAIR 1994 977 FORD E350 N/A 1FDJS34HXRHC18423 U4687P WHEELCHAIR 1996 978 FORD E350 N/A 1FTJS34FSTHA83813 U0821H WHEELCHAIR 1997 979 FORD E350 N/A 1FDJE30L4VHB01998 MFE99I WHEELCHAIR I"· '-' """" Attachment #3 COMMUNICATIONS Coastal Care ALS Transportation Services Coastal Care ALS requires each ambulance to have two different sources of communication. The first source that each unit has is the cellular radio by Nextel. The Nextel radio given each unit the ability to contact several different sources in case of any emergency including our dispatch office, our Security Command Center (in operation 24 hours per day) and ambulance to ambulance. Additionally, the 400mhz UHF Medcom radio is our second source of communication in the ambulance. The Medcome radio system allows us to communicate with any hospital and EMS service throughout the state. The Care-A-Van vehicles are also equipped with the Nextel radio system. All crewmembers and drivers carry alpa/numeric digital pagers. ,...... '-'" ...., Attachment #4 Consolidated Financial Statement Martin Memorial Health Systems, Inc. and Affiliated Companies Years ended September 30, 1999 and 1998 wit4 Report ofIndependent Auditors (Following Pages includin!! Board of Directors listing) Federal and/or Public funds may be received through specialty grant awards. ~. '-' 'wi 03/29/00 COASTAL CARE CORPORATION BOARD OF DIRECTORS 4/2000 Cocorullo, L M. POBox 9010 223-5945 (VP/CFO) TREASURER Stuart, FL 34995 Ext. 3008 Harman, R M. POBox 9010 223-5945 (President/CEO) PRESIDENT Stuart, FL 34995 Ext. 3006 Ripper, Karen POBox 9010 223-5945 (VP/Admin MMMC) Stuart, FL 34995 Ext. 5999 Robbins, Howard MD POBox 9010 223-5945 (VP/CMO) SECRETARY Stuart, FL 34995 Ext. 2001 Robitaille, Mark POBox 9010 223-5945 (VP/COO) VICE PRESIDENT Stuart, FL 34995 Ext. 3013 I Tagliareni, John 2100 SE Salerno Road 223-5945 (VP/Admin MM So) Stuart, FL Ext.5788 Zimmerman, Mark POBox 9010 223-5945 (VP/Human Resources) Stuart, FL 34995 Ext. 3001 03/29/00 '-' "'" MARTIN MEMORIAL HEALTH SYSTEMS, INC. BOARD OF DIRECTORS 04/2000 Boughner, Lee 1918 SW Crane Creek Avenue 283-8201 (Past Chairman) Palm City, FL 34990 Harman, R. M. POBox 9010 223-5945 (President/CEO) Stuart, FL 34995 Ext. 3006 Horton, Mary-Jo 2626 SW Egret Pond Circle 287-3937 Palm City, FL 34990 Maldonado, Carlos, M.D. 421 E. Osceola Street 286-0050 (Secretary) Stuart, FL 34994 Miraglia, Vincent, M.D. 633 E 5th Street 286-2455 Stuart, FL 34994 I , Pendergast, James 1520 SW Pendarvis Court, Palm City, FL 220-0664 34990 Rittersbach, George, M.D. 835 E Osceola Street #A 219-4026 Stuart, FL 34994 Shank, Calvin R. 6764 SE Pacific Drive 288-1234 (Vice Chairman) Stuart, FL 34997 113 Old Field Road, Beech Mountain, NC 28604 (828) 387-3600 Swift, George Huntington National Bank 283-5959 (Treasurer) 800 SE Monterey Commons Blvd 283-5177 Fax Suite 102 Stuart, FL 34996 Woodruff, Alan J. 3990 Joe's Point Road 225-0426 (Chairman) Stuart, FL 34996 '-' ~ Consolidated Financial Statements Martin Memorial Health Systems, Inc. and Affiliated Companies Years ended September 30, 1999 alld 1998 .....·itlz Report of Independent Auditors ..:. - ';l W10990013-MM '-' ., Martin Memorial Health Systems, Inc. and Affiliated Companies Consolidated Financial Statements Years ended September 30, 1999 and 1998 Contents Report of Independent Auditors ... ........ ............ .... ............................. ...... .....................................,.. 1 Audited Consolidated Financial Statements . Consolidated Balance Sheets ...... ......... ............................... ............ ...... .................... ....: ........ ... '" '" 2 Consolidated Statements of Activities and Changes in Net Assets ................................................4 Consolidated Statements of Cash Flows ... ................................... ..... ............. .............. ........ ........... 6 Notes to Consolidated Financial Statements. .................................. .... ............ ....... ............. ... ......... 7 J WI0990013·MM ~ ill ERNST & YOUNG LLP ...., · Certified Public Accountants Phillips Point, West Tower Suite 1200 ;"ï7 South Flagler Drive West Palm Beach. Florida 33401 · Phone: 561 6558500 Fax: 561838 ';191 Report of Independent Auditors Board of Directors Martin Memorial Health Systems, Inc. We have audited the accompanying consolidated balance sheets of Martin Memorial Health Systems, Inc. and Affiliated Companies (the System) as of September 30, 1999 and 1998, and the related consolidated statements of activities and changes in net assets, and cash flows for the I years then ended. These financial statements are the responsibility of the System's management. Our responsibility is to express an opinion on these financial statements based on our audits. .. We conducted our audits in accordance with genera11y accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the consolidated financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the consolidated financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overaJ] consolidated financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. -- j In our opinion, the consolidated financial statements referred to above present fairly, in a11 material respects, the consolidated financial position of Martin Memorial Health Systems, Inc. and Affiliated Companies at September 30, 1999 and 1998, and the consolidated results of their operations and their cash flows for the years then ended in conformity with generally accepted accounting principles. ~"f hLLi' December 21,1999 WI 0990013."'''' Ernst & Young llP is a member 0; Ernst oS. Young International, Ltd. 1 · ... '-'" ...." Liabilities and net assets Current liabilities: Accounts payable $ 5,888 $ 4,852 Accrued expenses and other pay abies 21,773 21,483 Estimated third-party settlements 7,090 8.543 Current portion of long-term debt and capital lease obiigations 418 303 , Total current liabilities 35,169 35,181 "}: Long-term liabilities: Long-tenn debt and capital lease obligations. less current portion 93,369 69,687 Gift annuity payable 910 94 Other long-term liabilities 13.779 13,136 Totallong-tenn liabilities 108,058 82.917 Total liabilities 143,227 118,098 Minority interests 882 923 Net assets: Unrestricted 70,271 85,211 Temporarily restricted 10,269 8,789 Pennanently restricted 1.298 1.222 Total net assets 81,838 95.222 Total liabilities and net assets $225,947 $214.243 September 30 1999 1998 (In Thousands) See accompanying notes. W10990013·MM 3 ¥ "'wIll Martin Memorial Health Systems, Inc. and Affiliated Companies Consolidated Statements of Activities and Chan£es in Net Assets .... Changes in unrestricted net assets: Unrestricted revenue: Net patient service revenue Investment income Contributions Other revenue Net assets released from restrictions used for operations Total unrestricted revenue September 30 1999 1998 (Ill Thousands) $192,030 2,260 329 10,502 205,121 S 191,403 3.039 . I 8 11,208 3 206,661 Expenses: Salaries and wages Employee benefits Professional fees and purchased services Supplies Other Interest Depreciation and amortization Provision for bad debts State indigent care assessment Total expenses (Loss) income from operations 96,287 92.293 21,643 20,037 9,814 8,703 33,863 29,837 20,464 21,078 4,481 4.207 19,522 13,424 12,972 ' 10,975 2.617 2,703 221.663 203.157 (16,542) 3.404 (184 ) ( 1.381) (16,726) 2.022 Nonoperating losses (Deficiency) excess of unrestricted revenue over expenses and nonoperating losses Comillued 011 next page. Wl0990013-MM 4 '-' ...." Martin Memorial Health Systems, Inc. and Affiliated Companies Consolidated Statements of Activities and Changes in Net Assets (continued) Other changes in unrestricted net assets: Net unrealized losses Net assets released from restrictions for purchase of property and equipment Minority interests in income of consolidated affiJiates Other (Decrease) increase in unrestricted net assets September 30 1999 1998 (Ill Thollsands) $ (129) $ (200) 1.800 10 I (126) (12~) 241 (14,940) 1.710 Changes in temporarily restricted net assets: Contributions, net of related expenditures Investment income Net unrealized losses Net assets released from restrictions for purchase of property and equipment Net assets released from restrictions used for operations Increase in temporarily restricted net assets 3,064 218 (2) 2,325 233 (1,800) 1,480 (10) (3) 2,545 Changes in pennanently restricted net assets: Contributions Changes in unrealized gains and losses Increase in pennanently restricted net assets (Decrease) increase in net assets Net assets at beginning of year Net assets at end of year 76 76 247 44 291 (13,384) 95.222 $ 81.838 4.546 90.676 $ 95.222 See accompanying notes. WI0990013-MM 5 '-' ""'" Martin Memorial Health Systems, Inc. and Affiliated Companies '';1 Consolidated Statements of Cash Flows Operating activities (Decrease) increase in net assets Adjustments to reconcile (decrease) increase in net assets to net cash provided by operating activities and nonoperating losses: Loss on disposal of equipment and land held for investment Minority interests in income of consolidated affiliate Loss on investment in joint venture Depreciation and amortization Amortization of debt issuance cost and bond discount~ Provision for bad debts Changes in operating assets and liabilities: Accounts receivable from patients Inventories and prepaid expenses Pledges receivable and contributions receivable from charitable remainder trusts Other current assets Accounts payable Accrued expenses and other payables Estimated third-pany settlements Gift annuity payable Net cash provided by operating activities and nonoperating losses Im'esting activities Purchases of property and equipment. net Proceeds from sale of property and equipment Net investment activities (Increase) decrease in assets limited as to use by Bo:u-d of Directors for capit:li improvements Increase in assets limi¡ed as to use by Bo:u-d of Directors for specirïc purposes Other assets Net cash used in investing activities Financing acth·ities Repayment of long-term debt and capital lease obligations Proceeds from issuance of long-term debt Long-term debt issuance costs and discounts Increase in other long-term liabilities Decrease in assets limited as to use under bond indenture agreements. held by trustee Distributions to minority interests in consolidated affiliate Ì'iet cash provided by financing activities !'\et increase in cash and cash equivalents Cash and cash equivalents at beginning of ye:u- Cash and cash equivalents at end of ye:u- Supplemental information I nterest paid /" See accompanying flotes. c WI 09900 13-1A1A September 30 1999 1998 (III Thol/salldsJ $(13.3~) S ~.5-t6 279 863 126 122 265 19,522 13,42-t 189 16-t¡ 12.972 10.975 ' (14,602) (17.262) (26) (2.180) (1,750) (912) 530 (3.843) 1,036 (2.445) 272 -t.442 (1,435) ( 1.443) 816 DO> 4,810 6,421 (36.977 ) (21.417) 455 26 2,575 8.565 (783 ) 2.079 (58) (63) 3.722 (785) (31,066) (] 1.595) (1,908) (1.127) 25,647 2.046 (510) (204) 643 925 2,558 -to ]92 (167) (122) 26.263 5.710 7 536 3.120 2.58-t S 3.127 S 3.120 S 5.257 S 4.221 6 '-' """'" Martin Memorial Health Systems, Inc. and Affiliated Companies Notes to Consolidated Financial Statements September 30, 1999 . 1. Organization and Mission Organization ... Martin Memorial Health Systems. Inc. (the System) is the sole member of Martin Memorial Medical Center, Inc. (the Medical Center), a not-for-profit, tax-exempt corporation that operates general acute-care facilities in Stuart and Pan Salerno, Florida, with a total of 336 beds and associated ancillary service departments. The System is alsu the salt:.: member of Martin Memorial Foundation, Inc. (MMF) (a not-far-profit, tax-exempt corporation), Coastal Care Corporation (CCC) (a not-far-profit, tax-exempt corporation), and Martin Memorial Physician Corporation, Inc. (MMPC) (a taxable. not-for-profit corporation), and is the sole shareholder of Medical and Financial Management, Inc. (MFMI), a for-profit company. All significant intercompany accounts and transactions have been eliminated. The Medical Center is the sole member of the Women's Center of Martin County, Inc., a Florida not-far-profit organization, which offers obstetrical and gynecological services. The Medical Center has a 99% partnership interest in the ).fedical Center at St. Lucie West, Ltd. (SL W) and the Medical Center at Hobe Sound, Ltd. (collectively referred to as the Partnerships). The Partnerships are Florida limited partnerships and operate real estate management companies. All significant intercompany accounts and transactions have been eliminated. Mission j The System's primary mission is to provide quality health care services to the citizens of Martin and southern St. Lucie Counties through its acute and ambulatory care facilities. In addition to providing health care services, the following community services and programs are partially or fully subsidized by the System: community cancer services, a nurse midwifery program for the medically indigent, a medicenter for the medically indigent, social services, community education programs, chaplain services, a physician referral service. childbirth education classes, medical library resources, community wellness and health education programs, scholarships, various support groups, a speakers bureau. outreach medicenters (one of which is in the medically underserved area of Indiantown) and education programs for students. I 1 j I;'; ~ WI0990013-MM 7 '-' ...., Martin Memorial Health Systems, Inc. and Affiliated Companies Notes to Consolidated Financial Statements (continued) 1. Organization and Mission (continued) Operating and Nonoperating Activities The System's primary mission is to provide a broad range of primary care and specialized care services to citizens of the region. Activities directly associated with the furtherance of this purpose are considered to be operating activities. Other activities that result in gains or losses unrelated to the System's primary mission are considered to be nonoperating. Nonoperating gains and losses include rents from medical office buildings, gains and losses on investments in joint ventures, and gains and losses related to dispositions of nonoperating assets. Charity Care The System, in keeping with its mission, accepts all patients regardless of their ability to pay. The System provides care to patients who meet certain criteria under its charity care policy without charge or at amounts less than its established rates. A patient is classified as a charity patient by reference to certain established policies which define charity care as those services for which no payment is anticipated. In assessing a patient"s inability to pay, the System utilizes the generally recognized federal and state poverty guidelines, but also includes cenain cases where incurred charges are significant when compared to income. Because the System does not pursue collection of amounts detennined to qualify as charity care, these amounts are not included in net patient service revenue. Charges forgone, based on established rates, during the years ended September 30, 1999 and 1998 were approximately $8,801.000 and $8,308.000, respectively. The equivalent percentage of charity care patients to all patients served was 2.0% and 2.2% for 1999 and 1998. respectively. ~ r· W10990013-MM 8 '-' ...., Martin Memorial Health Systems, Inc. and Affiliated Companies Notes to Consolidated Financial Statements (continued) 2. Summary of Significant Accounting Policies New Accounting Pronouncements During 1999, the System adopted Financial Accounting Standards Board (F ASB) Statement No. 132, Employers' Disclosure about Pensions and Other Postretiremem Benefits, which standardizes the disclosure requirements for pensions and other postretirement benefits to the " extent practicable, requires additional infonnation on changes in the benefit obligation and fair values of plan assets that will facilitate financial analysis, and eliminates certain disclosures that are no longer as useful as they were when F ASB Statements No. 87, Employers' Accolllzting for Pension Plans; No. 88, Employers' ACcozl1ZIing for Serrlemems and Curtailmems of Defined Benefit Pension Plans and for Ternzination Benefits: and No. 106, Employers' Accoll1zting for Postretirement Benefits Other TIlan Pensions. were issued. The adoption of F ASB Statement No. 132 had no impact on the System's change in net assets. In June 1999, the FASB issued Statement No. 136. Transfers of Assets to a Not-for-Profit Organization or Charitable Tmst ThaI Raises or Holds Contributions for Others. F ASB Statement No. 136 supersedes F ASB Interpretation No. 42, ACCOll1lting for Transfers of Assets in Which a Not-for-Profit Organi:ation is Gramed Variance Power: An Interpretation of FASB Statemem No. 116 (Interpretation No. 42) and provides a consistent standard for the re¿ognition of transactions in which an entity acts as an agent, trustee, or intennediary. FASB Statement No. 136 will be effective forthe System's fiscal year beginning October I, :WOO. The System has not yet assessed the impact of F ASB Statement No. 136 on its consolidated financial statements. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements. Estimates also affect the reported amounts of revenue and expenses during the reporting period. Actual results could differ from those estimates. WI0990013·MM 9 '-' ...., Martin Memorial Health Systems, Inc. and Affiliated Companies Notes to Consolidated Financial Statements (continued) 2. Summary of Significant Accounting Policies (continued) Cash and Cash Equivalents Cash and cash equivalents include investments in highly liquid investments with a maturity of three months or less when purchased, excluding amounts limited as to use by the Board of Director's designation or under bond indenture arrangements. ~ Inventories Inventories are stated at the lower of cost (first-in. first-our method) or market. Investments \ Investments in equity securities with readily determinable fair values and all investments in debt securities are reported at fair value in the accompanying consolidated balance sheets. Investment income or loss (including realized gains and losses on investments, interest, and dividends) is included in (loss) income from operations unless the income or loss is restricted by donor or law. Unrealized gains and losses on investments are excJuded from the (deficiency) excess of unrestricted revenue over expenses and nonoperating losses since all investments are Categorized as held-ta-maturjty. Assets Limited as to Use Assets limited as to use represent assets held by trustees under bond indenture agreements and assets set aside by the Board of Directors for future capital improvements and other uses. The Board retains control and may at its discretion subsequently use these assets for other purposes. These investments are stated at fair value. r·'-· In accordance with Accounting Research Bulletin 1\0. 43. Chapter 3A, Working Capital Cllrrem Assets and Cllrrent Liabilities, assets limited as to use designated for expenditure in the acquisition or construction of noncurrent assets or segregated for the liquidation of long-term debts are excluded from current assets. ¡ t C' rot""'''' Wl0990013-t.IM 10 ~ '-' ..." Martin Memorial Health Systems, Inc. and Affiliated Companies Notes to Consolidated Financial Statements (continued) 2. Summary Significant Accounting Policies (continued) Net Patient Service Revenue Net patient service revenue is reported at the estimated net realizable amounts due from patients, third-party payors, and others for services rendered. including estimated retroactive adjustments under reimbursement agreements with third-party payors. Retroactive adjustments are accrued'on an estimated basis in the period the related services are rendered and adjusted in future periods as final settlements are detennined. Laws and regulations governing the Medicare and Medicaid programs are complex and subject to interpretation. The System believes that it is in compliance with all applicable laws and regulations and is not aware of any pending or threatened investigations involving allegations of potential wrongdoing that would have a material adverse impact on the System's consolidated financial position or operations. Whi]e no such regulatory inquiries have been made, compliance with such laws and regulations can be subject to future government review and interpretation as well as significant regulatory action including fines. penalties, and exclusion from the Medicare and Medicaid programs. The estimated Medicare and Medicaid settlements recorded at September 30, 1999 and 1998 could differ from actual settlements based upon the results of the cost report audits. Changes in the Medicare and Medicaid programs and the reduction M funding levels could have an adverse impact on the System. Postretirement Benefits Employees of the System who have 20 years of service and are at least age 55 are eligible to receive postretirement benefits through age 65. such as health and dental insurance. Eighteen System employees and eligible spouses currently receive postretirement benefits. " Estimated Malpractice Costs Insurance expense includes a provision for the self-insured portion of medical malpractice claims. The provision includes estimates of the ultimate costs for both reported claims and claims incurred but not reported. " ¡...,.,), W10990013-MM 14 '-' ...., Martin Memorial Health Systems. Inc. and Affiliated Companies Notes to Consolidated Financial Statements (continued) 2. Summary of Significant Accounting Policies (continued) Minority Interests On December 18,1995, CCC transferred one of its divisions, Martin Memorial SurgiCenter to MMSC, a partnership in which CCC is the general partner with an interest in total capital of 70% at September 30, 1999. The minority interests in the accompanying consolidated financial statements represent the 38 limited panners' equity interest in MMSC's net assets at September 30, 1999 and their interest in the undistributed earnings of MMSC for the period from December 18, 1995 (inception of the Partnership) through September 30, 1999. Reclassifications .~ Certain amounts in the 1998 consolidated financial statements have been reclassified to conform to the 1999 presentation. 3. Net Patient Service Revenue The System has agreements with third-party payors that provide for payments to the System at amounts different from its established rates. A summary of the payment arrangements with major third-party payors follows: j' \ \v·p 'f...·..·· f·" I I. W10990013·MM . Medicare-Inpatient acute care services rendered to Medicare Program beneficiaries are paid at prospectively determined rates per discharge. These rates vary according to a patient classification system that is based on clinical, diagnostic and other factors. Inpatient nonacute services and certain capital costs are paid on a reimbursement methodology. Certain outpatient services related to Medicare beneficiaries are paid based upon a methodology that reimburses providers the lower of allowable cost, a blend of allowable cost and a fixed fee payment schedule, or the fixed fee payment schedule amount. The System is paid at a tentative or interim rate for these services with final settlement determined after submission of the annual cost report by the System and audits thereof by the Medicare fiscal intermediary. The System's classification of patients under the Medicare Program and the appropriateness of their admission are subject to an independent review by a peer review organization. The Medicare cost reports have been audited by the Medicare fiscal intermediary through September 30, 1996. In connection with this audit and approval process, the System 15 '-' ...., Martin Memorial Health Systems. Inc. and Affiliated Companies Notes to Consolidated Financial Statements (continued) 3. Net Patient Service Revenue (continued) may be required to revise its previous estimate of the contractual adjustment. liability. or receivable related to the Medicare Program. Differences between the System' s original estimate and estimates based on subsequent detenninations, resulting from the audit and approval process mentioned above, are recorded by the System in the period the detennination is made. As a'result of such detenninations. changes in I estimates relating to prior periods resulted in a reduction in 1999 of S 1,300,000 in the System's estimates for Medicare contractual adjustments. Such reduction increased net patient service revenue. Services under the Medicare Program represent approximately 45% and 58% in 1999 and 1998, respectively, of the System's gross charges. . Medicaid-Inpatient services rendered to Medicaid Program beneficiaries are reimbursed under a cost reimbursement methodology. Outpatient services rendered to Medicaid Program beneficiaries are reimbursed under a cost reimbursement methodology or on a fee schedule basis. The System is reimbursed at a tentative rate with final settlement detennined after submission of the annual cost report by the System and audits thereof by the ~vledicaid fiscal intennediary. The Medicaid cost reportS have been audited by the :;"ledicaid fiscal intennediary through Sep~ember 30, 1996. Approximately 3% and 4'íc in 1999 and 1998, respectively, of the System's gross charges are for services under the ~edicaid Program. . Florida Health Choice-In January 1996, the System entered into a global capitation contract with Florida Health Choice (FHC), whereby, the System was reimbursed based on a percentage of premium. FHC was approved to offer Medicare HMO in November 1997. The System's gross charges under this contract were approximately 21 % and 6% in fiscal 1999 and 1998, respectively. In 1998 and prior years, the System was receiving reimbursement for services rendered under this contract at approximately the Medicare rate. In 1999, the System received approximately 53% of the Medicare rate under the FHC contract. Management estimates that the difference between the FHC reimbursement and the Medicare rate was approximately $19,100,000 for the patients served under the FHC contract. The System discontinued the FHC contract as of December 31, 1999 due to these unfavorable rates. 11, r" ! WI0990013·MM 16 W' 'W Martin Memorial Health Systems, Inc. and Affiliated Companies Notes to Consolidated Financial Statements (continued) 3. Net Patient Service Revenue (continued) The System has also entered into payment agreements with certain commercial insurance carriers and health maintenance organizations. The basis for payment to the System under these agreements includes discounts from established charges and percentage of Medicare fee schedules. Approximately 31 % and 32% in 1999 and 1998, respectively, of the System's gross charges are for services under other private contractual agreements, including those with patieIlts. 4. Investments and Assets Limited As to Cse The composition of investments and assets limited as to use at September 30, 1999 and 1998 is set forth in the following table: Investments and assets limited as to use by Board of Directors for specific purposes: Cash and short-tenn investments Marketable equity securities U.S. Treasury obligations Corporate and governmental agency bonds 1999 1998 (In Thousands) $ 485 6,183 4,760 6.167 $17.595 $ 1,482 7,213 4.837 6.580 $20.112 By Board of Directors for capital improvements: Cash and short-tenn investments Marketable equity securities U.S. Treasury obligations Corporate and governmental agency bonds $ 516 3,719 4,420 921 $ 9.576 $ 648 3,301 4.290 554 $ 8.793 ì . Under bond indenture agreement. held by trustee: Cash and short-tenn investments U.S. Treasury obligations Interest receivable $ 5,794 1,865 82 $ 7.741 $ 1.285 8.399 615 $10.299 0'- WI0990013·MM 17 W' "wi Martin Memorial Health Systems, Inc. and Affiliated Companies Notes to Consolidated Financial Statements (continued) 4. Investments and Assets Limited as to Cse (continued) Investment income and gains for assets limited as to use limited by Board of Directors are comprised of the following at September 30. 1999 and 1998: 1999 1998 (In Thollsands) Investment income: Interest income/dividends Realized gains on sale of securities Net unrealized losses $1,261 SI,594 1.217 1.678 $2.478 53.272 $ (55) S (156) 5. Property and Equipment A summary of propeI1Y and equipment is as follows: September 30 1999 1998 (Ill Thollsands) Land and improvements Buildings and improvements Fixed equipment Movable equipment Equipment under capital leases $ 13,839 106,455 20,205 103,455 226 244,180 (118.303) 125,877 5.541 $131.418 5 11,581 76,423 20,152 91,895 226 200.277 (105.896) 94,381 14,056 $108,437 Less accumulated depreciation Construction in progress , '1'..... '.r""! During 1999 and 1998, the System incurred interest of approximately $5,421,000 and $4.393,000, respectively, of which $940.000 and 5186.000 was capitalized during 1999 and 1998, respectively. ~! I'~ Wl0990013·MM 18 '-" .."", Martin Memorial Health Systems, Inc. and Affiliated Companies Notes to Consolidated Financial Statements (continued) 6. Long-Term Debt A summary of long-tenn debt is as follows: September 30 1999 1998 (Ill Thollsands) Martin County Health Facilities Authority Hospital Revenue Refunding Bonds, Series 1990A, 6.8009é-7.375c:ë $19,408 $20,196 20,123 20,498 20,070 20,570 19,820 '\l Martin County Health Facilities Authority Hospital Revenue Bonds, Series 1997A, 3.900%-5.375% Martin County Health Facilities Authority Hospital Revenue Refunding Bonds, Series 1997B, 3.75%-5.25% Martin County Health Facilities Authority Hospital Revenue Bonds Series 1998,5.00% Note payable, interest of LIB OR + 1.1 % (6.5% at September 30, 1999), due in monthly installments of approximately 58 through 2002 when the balance is due 1,300 1,400 Note payable. interest of LIB OR + 0.95% (6.33% at September 30, 1999), due in monthly installments of approximately $12 through 2013 1,907 2.045 Note payable, interest of 7.5% at September 30, 1999. due in monthly installments of $37 through 2017 5,199 5.250 Note payable, interest of 7.75%, due in monthly installments of approximately $8 through 2006 when the balance is due 5,940 Capital lease obligations 20 93,787 (418) $93.369 31 69.990 (303) $69.687 Less current portion WI0990013·MM 19 '-' "wII Martin Memorial Health Systems. Inc. and Affiliated Companies Notes to Consolidated Financial Statements (continued) 6. Long-Term Debt (continued) 1990 Health Facilities Revenue and Revenue Refunding Bonds The proceeds from Martin County Health Facilities Authority Hospital Revenue Refunding Bonds, Series 1990A (Series 1990A Bonds). together with amounts held in the Debt Service Reserve Fund from Series 1985 Martin County Health Facilities Authority Hospital Revenue " Refunding Bonds (Series 1985 Bonds), plus interest earned on these funds, were used to defease the Series 1985 Bonds on November 1, 1995. The Series 199GA Bonds maturing after November 15, 2000 are subject to redemption at the option of the Medical Center at ~ premium of 2% on or after November 15, 2000, but prior to ::\ovember 15,2001; 1 % after November 15, 2001, but prior to November 15, 2002: and par thereafter. 1997 Health Facilities Revenue and Revenue Refunding Bonds In July 1997, the Medical Center issued $21.000,000 of Martin County Health Facilities Authority Hospital Revenue Bonds, Series 1997A (Series 1997A Bonds) and $21,205,000 Martin County Health Facilities Authority Hospital Revenue Refunding Bonds, Series 1997B (Series 1997B Bonds). The proceeds from the Series 1997:\ Bonds, along with funds from the Medical Center, were used to pay the costs of expanding, renovating and equipping the emergency department, obstetric department, the kitchen and dining room at the Medical Center and other miscellaneous capital expenditures. The proceeds from the Series 1997B Bonds were used to defease Martin County Health Facilities Authority Hospital Revenue Bonds, Series 199GB (Series 1990B Bonds) ori July 9,1997. The Series 1997A and 1997B Bonds maturing subsequent to November 15, 2008 are subject to redemption at the option of the Medical Center at a premium of 2% on or after November 15. 2007, but prior to November 15,2008; 1 % on or after November 15,2008, but prior to November IS, 2009: and par thereafter. 1998 Health Facilities Revenue Bonds .f" ...~ On December 15, 1998, the Medical Center issued S20.000,000 of Martin County Health Facilities Authority Hospital Revenue Bonds. Series 1998 (Series 1998 Bonds). The proceeds from the Series 1998 Bonds along with funds from the Medical Center, were used to acquire, construct and equip a cancer care center. cardiac catheterization laboratory and parking structure, and to pay the cost of other miscellaneous equipment and capital expenditures: to finance capitalized interest during the construction thereof: and to pay certain issuance costs. The Series r r~ W1 099001 J·MM 20 ~ '-' Martin Memorial Health Systems, Inc. and Affiliated Companies Notes to Consolidated Financial Statements (continued) 6. Long-Term Debt (continued) 1998 Bonds maturing subsequent to November 15. 2009 are subject to redemption at the option of the Medical Center at a premium of 2% on or after November 15, 2008, but prior to November 15, 2009; 1 % on or after November 15. 2009, but prior to November 15,2010; and par thereafter. The bonds descnbed above are colJateralized by a security interest in the Medical Center's property and equipment, accounts receivable and contract rights. Under the terms of the bond agreements, the bond proceeds were deposited with a trustee and the Medical Center is required to make specified payments to the Martin County Health Facilities Authority for bonâ principal redemptions and interest. A Master Trust Indenture was executed for the Series 1985 Bonds and was supplemented to include the 1990A, 1990B, 1997A, 1997B and 1998 issues. The indenture restricts the use of proceeds of the bond issues and created certain reserve funds. These reserve funds and any undisbursed proceeds are classified as assets limited as to use under bond indenture agreement in the accompanying consolidated financial statements. The indenture contains certain restrictions and covenants which require among other things (I) annual reporting, (2) restrictions on use of revenue, (3) restrictions on disposal of property and equipment, and (4) limitations on borrowing or leasing. On July 18, 1997, SLW assumed a $6,156,000 note with a financial institution in conjunction with the transfer of partnership interests in SL W. The note is guaranteed by the System and is collateralized by the medical office building with a carrying value of $6,132,000 at September 30, 1999. The term of the loan is 20 years with principal and interest paid monthly and a balloon payment due September 1,2006. The note bears interest at a rate of 7.75%. On September 15, 1997, the Medical Center entered into a $1,500.000 note with a financial institution. The proceeds were used to purchase property for further expansion of the St. Lucie West facilities. The note is guaranteed by the System and is colJateralized by the property with a carrying value of$I,855,000 at September 30,1999. The term of the loan is 5 years amortized over 15 years with a balloon payment due on September 15, 2002 for the remaining unpaid pri nciple and interest. The note bears interest at a variable rate of LIBOR + 1.1 %. -' W10990013-MM 21 _..<- '-' """ Martin Memorial Health Systems, Inc. and Affiliated Companies Notes to Consolidated Financial Statements (continued) 11 6. Long-Term Debt (continued) On June 3, 1998. the Medical Center entered into a 52,080.000 note with a financial institution. The proceeds were used to purchase property for the Hobe Sound facilities. The note is guaranteec! by the System. The term of the loan is 15 years with principal and interest paid monthly. The note bears interest at a variable rate of LIBOR + 0.95%. , On September 29. 1997, CCC entered into a note with a financial institution for 55,300.000 with the proceeds used to reimburse CCC for the construction costs associated with a 120-bed skilled nursing and rehabilitation facility (the SNF). The loan is secured by the real and personal property of the SI\Tf with a carrying value of 56.049.000 at September 30, 1999. The- term of the loan is 20 years amortized over 30 years with a balloon payment due on September 29.2017 for the remaining unpaid principle and interest. The interest rate is a fixed rate of 7.5% for the first 10 years. then on September 29,2007. the rate changes to a variable interest rate of the current index plus 2% for the remaining 10 years. The current index is the weekly average yield on united States Treasury securities adjusted to a constant maturity of 10 years, as made available by the Federal Reserve Board. Aggregate annual maturities of long-term debt. less bond discounts. are approximately as follows (ill thollsands): Fiscal year ending: 2000 2001 2002 2003 2004 Thereafter 5 2.228 2.325 2.446 2,575 1.592 82.621 $93.787 ,. The Medica] Center meets debt service requirements for its long-term debt from assets limited as to use under bond indenture agreement. Accordingly. amounts due within one year related to such issues are not classified as current liabilities. (" W1099001J·MM 22 '-' ..." Martin Memorial Health Systems, Inc. and Affiliated Companies Notes to Consolidated Financial Statements (continued) 7. Pension Plan (continued) 1999 1998 (/11 nzollsallds) Change in plan assets Fair value of plan assets at beginning of year Actual return on plan assets Employer contributions Benefits paid Fair value of plan assets at end of year $30,696 3,265 1,962 0.644) $34,279 Funded status Unrecognized net transition asset Unrecognized prior service cost Unrecognized net gain Accrued benefit cost $ (3,626) (52) 1,891 7.560 $ 5.773 526.436 4.037 2.090 (1.867) 530,696 5 835 (103) 20 5.926 5 6.678 Net pension cost included the following components: 1999 1998 (/11 Thousands) Weighted ayerage assumptions at year end Discount rate Expected return on plan assets Rate of compensation increase 7.5% 9.0% 4.5% ~ Components of net periodic benefit cost Service cost Interest cost Expected return in plan assets Amortization of unrecognized net assets Amortization of prior service cost Net periodic benefit cost $3,033 2,022 (3,265) 1,069 7 $2.866 ";,.... 7.0% 8.0% 4.5% $2.425 1.797 ( 4.037) 2.073 7 $2.265 I j__ W10990013·MM 24 '-' .'wII Martin Memorial Health Systems, Inc. and Affiliated Companies Notes to Consolidated Financial Statements (continued) 8. Professional Liabilit)' Insurance The System is commercially insured, on a claims-made basis subject to certain deductibles. for professional liability insurance. The System has accrued a liability for the self-insured portion of losses from asserted claims and from unasserted claims identified under the System's incident reporting system. Management has accrued its best estimate of these contingent losses for all outstanding and incurred but not reported claims related to the above coverage, based on the I System's past experience, the nature of each claim or incident and relevant trend factors as well as actuarial valuations. 9. Disclosures About Fair Value of Financial Instruments The following methods and assumptions we~ used to estimate the fair value of each class of material financial instruments for which it:. ":"acticable to estimate that value: · Cash and Cash Equivalents- Tr-¡;: carrying amount approximates fair value because of the short maturity of those instruments. · Investments and Assets Limited as to Fse-The fair value of investments and assets limited as to use are estimated based on quoted market prices for those or s.imilar investments. · Long-Tenn Debt-The fair value of the System's long-tem debt is estimated based on the quoted market prices for the same or similar issues or on the current rates offered to the System for debt of the same remaining maturities. , 'r,F--,- 1"'.' W10990013-MM 25 -;¡ '-' ..,,¡ Martin Memorial Health Systems, Inc. and Affiliated Companies Notes to Consolidated Financial Statements (continued) 9. Disclosures About Fair Value of Financial Instruments (continued) The estimated fair value of the System' s financial instruments at September 30, 1999 and 1998 are as follows (in thousands): 1999 1998 Carrying Fair Carrying Fair Amount Value Amount Value' $ 3.127 $ 3.127 $ 3,120 S 3,120 Cash and cash equivalents Investments and assets limited as to use by Board of Directors for specific purposes $17.595 $17.595 $20.112 S20.112 Assets limited as to use: Designated by Board of Directors for capital improvements: Cash and short-tem investments Marketable eyuity securities U.S. Treasury obligations and corporate 'and governmental agency bonds $ 516 3,719 $ 516 3,719 $ 648 3,301 . S 648 3,301 5341 $ 9.576 5,341 $ 9.576 4.844 $ 8,793 4.844 $ 8.793 Under bond indenture agreements, held by trustee: Cash and short-tem investments $ 5,794 $ 5,794 $ 1,285 $ 1.285 U.S. Treasury obligations 1.865 1,865 8.399 8.399 Interest recei vable 82 82 615 615 , . $ 7.741 $ 7,741 $10,299 $10.299 Long-tenn debt $93.787 $90.947 $69.990 $73.806 ...... I'" WI0990013·MM 26 '-' ....I Martin Memorial Health Systems, Inc. and Affiliated Companies Notes to Consolidated Financial Statements (continued) 10. Lease Commitments Rent expense for the years ended September 30, 1999 and 1998 amounted to approximately $4,400,000 and $4,221,000, respectively. The System has several lease agreements with terms ranging up to 15 years. Operating lease commitments as of September 30, 1999 (primarily for rental of real property) require minimum annual rentals as follows (ill thousands): Fiscal year ending: :WOO 2001 2002 2003 2004 Thereafter S 1.989 1,443 1,296 1.253 1,201 4.639 $11.821 11. Concentration of Credit Risk The System is an acute-care, full service facility serving Martin and southern St. Lucie Counties. Except for emergency treatment, proof of insurance coverage is requested, if available,: prior to rendering services. Al September 30, 1999, accounts receivable from third parties are due from Medicare (38%), Medicaid (4%), managed care plans (26'ìé), and patients, worker's compensation and commercial insurers (32%). At September 30, 1998, accounts recei vable from third parties are due from Medicare (34%), Medicaid (6%). managed care plans (29%), and patients, worker's compensation and commercial insurers (31%). Management provides an allowance for doubtful accounts based upon the credit risk of the various payor types and historical collection experience. 12. Other Obligations As of September 30, 1999, the System has a line of credit with a financial institution for a maximum amount of $15,000,000. The interest rate is the LIBOR Market Index rate plus L 10%, adjusted daily. The amount drawn down under the line of credit fluctuates throughout the year. The outstanding balance was $5,016,000 and 51.967.000 at September 30,1999 and 1998, respectively. The line of credit is due on March 31, 2000. and is therefore included in accrued expenses and other payables on the accompanying consolidated balance sheets. WT09900T3·MM 27 'w' ..",., Martin Memorial Health Systems, Inc. and Affiliated Companies Notes to Consolidated Financial Statements (continued) 13. Impairment of Cost in Excess of Net Assets Acquired During 1999, management determined that the estimated future cash flows anticipated from operating the System's physician practices indicated that an adjustment to the carrying value of these assets was required under the provisions of FASB Statement No. 121, Accollllling for the Impaimlent of Long-Lived Assets and for Long-LÙ'ed Assets 10 be Disposed Of This adjustment resulted in a charge to the excess of revenue over expenses and nonoperating losses of , approximately $5,700,000 as of September 30, 1999. This amount is included in depreciation and amortization expense on the accompanying consolidated statements of activities and changes in net assets. 14. Subsequent Events Subsequent to September 30, 1999, the Medica] Center resigned from its pro rata ownership interest in a F]orida health maintenance organization. The Medical Center recorded approximately $265,000 as a loss on this investment during 1999. This amount is included in nonoperating losses on the accompanying consolidated statements of activities and changes in net assets. 15. Impact of the Year 2000 (Unaudited) The System completed all Year 2000 readiness work and experienced no significant problems with respect to the modifications. There have been no disruptions in their systems, equipment, or those of third parties as a result of processing dates beyond 2000. To date, the System incurred approximately $1.043,000 related to the Year 2000 issue. However, there are no assurances that the System wi]) not experience Year 2000 problems in the future. W10990013·MM 28 '-" ., Attachment #5 Insurance Information Coastal Care ALS (a division of Martin Memorial Health Systems) Name: Address: Telephone: Policy #: Limi ts: Name: Address: Telephone: Policy #: Limits: Fireman's Fund Insurance Co. 5310 Cypress Center Drive, Tampa, FL 33609 561/369-4319 Automobile Liability: S 15MZA80 192575 Camp/Call S15MZA80192575 Stated on the certificate The Doctors Company 5100 NW 33rd Ave., Suite 255, Ft. Lauderdale 33309 954-714-5118 Excess Liability 57869 $20,000,0000 MAR-3l-2Ø0Ø 10:47 P.Ol ; ACORI. 1··~M.;·~w.-."jl:i{t:ar: ~ .. "",,, ..."'v ICOJtDU 1ES!' PALM BEACH DMSIOR j01 S. FLAGLla DK. 'GOD ~ST PALM BEACH PL 334Q1 CCIIPANB APFaRCINCI CO¥IRAOI ..,..., A rIUNAltt. nmn la. ca Iß1Þ ~II .J1' Ji I IXIIIiII'I'Ift' C !.milt a:IPM'r D I.tmI't · CICIIINN\' ImtIt - IAM'Uf MBJIORIAL M!ÐIc::AL :nTIR i RBAUl'H SYnÞS ,TT,K¡ RISK MGMT DBPr. I, O. lOX '010 1't'lhU'1', "L 34995 v tit ""....... S15MIA801925?5 ----t::IIIII'aIA-. ~ ~LIMILm tmtII;:QMP I CDLL DEI] ~~I_.~~,.... :œoœacIAt AUT01C08IL2 COVERAGE PHOVIDED OW AU. CCAB'1'AI. ~ C01U' ~8 Alm VUICLES. ...... . '.' .....,:.. '.'.', ,.," ~.',,'. ". .~~, S':. r..UCIE COUlft'Y ~17 B.W. PDCOCI PORT 5T LUCIE FL J498S ., '-.", ~~W~¡~t~~]':.$~ .(~~._. .,.... .~~,!1:""'":-......¡~ . ~...';:'~~ tHCICAnAØaF TMEAIOWI~ ~ lf~teRWIJ'"'~ ....1'JON DII'n,...,.,... ,... ...,.... ~wu.IiNlJM«lRTO ...1. ..J..O.-.IM" WMTRI HCt1IeI 'fa THtCØ/nftCATIi HOI.aeR ~ 11:ITtE 1ST. IVT IWI..IMIe TO......1IUCH NOnCe ItW.L.POR 110 œ&.IMTICN CM LMlJTTOfINft'IIIfjOUPCIH THl"CGMIWft', RMØtT50ft IE .~.. imw... TOTAL P.Ol .. " '-' .., MAP ATTACHMENT Area (s) to be Served by Applicant Coastal Care ALS Transportation Services We provide our services for the entire 81. Lucie County area. Map of county attached. ¡,.c ~. t··~ I I I ~ I I~' !~ ~ E I !~'J ~.\~_ ~-~~ ¡ I "- ~ ~ I 5 10' ~' ~?,¡; i '. ~ ~ 'f \ ~ \~ 1_ _ _~ ~, ... ; R RD';;; . ~ ~ ~~ I 1( ~ . 11 .JI .. · I ¡. I: · L ,l! -I -,,- ~ ~ r¡Qooc '~~\~ :~~ - ! I 8 - ~ /LAK OOD<:::>i- ~:t.,- ': .Jj' PRAll. . ; R I ' ".., ~ Ii. INDRll~R~T4'-" ,do.. 5 ""'IN --;. '5 :6~. I Q I ,'5" " I n I.n LU~ "1' 2~ ".[) 2. ,- 21:~ ..~ -~~-- --~~¡-() ~~ W1;oe:i~-- ISLAAD ~ I !: '¡ ~ '¡g 24 ~~ _ " ro~~w _: '. #~' 23 ~ ~ ~ ~ H i a: .. ~ :. ~~'b; ~T , . ~ ~. r--""" ~ NPIKE 25 I '. ,2' . 21!! I- ~5 cj' )(29t::..' ',. '~~., ~ , I ; ~,;. '___I_¡ST~ ""': ¿Oan:$) "\' ~~Á-AI~ ~ 3. . 31 ' 32 0« 33! '35 ~. 1!!.!1 3t ' 32 AJl \ ~ \~~_~. , I ()BcICh" ~ ~ C.J' ~ ~ S -ÁI f% .=~3TLvœ ~ ~ - -- h ANGL( I ~ D I ~ I '" - ~ ~~;<\( /1iUT ~ Æ- 1 ~ ; 5 : ' I 3 : ~~ ~: · ~ AVI¡ ~ -0, i ~)1:'.Jº1eo::~)." I ; .'..omu.: 11 '"ìk ~ "E~ aER I ~ -"Õ"'--l~" \'u~r:;.AY ~- ~ I &8 nUNOE a: 5: II ~&8 j : A~' I. ""- '"'=, 11 ' 0 '~' \.--,., , ... -" Q 0 I 5' ~ I a: I I. I :¡ - DE ÃA' .. 4V. _...... 11 1 RD-a: --~ . --fi1 - --I -i -1- .: -..~- 713 6i~ :n_II:~:~i ~B1ioRr~- - \"~ (_I~J ~ 11 13 I 18 11 I 5 PlCOS AD 8 :I ~. · 17 ~ E R . Id ffi I 16 ! 15 , ;,,'.. ~ .... 15 \ 13 I~ !!!L __~ __ __ _~ _ _ ~ L~. ~§~ _( 6~~5; ~ 'Ian IA ,. "' \ ,....~ ~ . ~ I I I ~ Rc:¡g ~ Q I ~ ~_ p- r;J ~ "\ \ CoN ~ ~ Ti ,. I j!: D ' : æ I 23" = '- a: 20 BL ID 21 605 1 <i . Qwd II.. _u~ --~-t--! -'--"-~.I'. -;f-H~__ rffii~I'j~ -~ ~..., I~ 609 25 ¡ ¡ :"j ~ :..-; ~ ~ 21 ~ : 26 \J ~5 ,'~'. ~ ~~I ~: I~ ,-.D~ HUTCHINSON R1) .= "">:.--1-1..' ~)-:i!~ - f - -. r - - - "'..... ~~ 5 MW~' ffi RD 70 I), IRD ~ 1 : a: ~ '3/ J5 . ¡!\' ":. ' -! J-. r """",L,-+-~ I ~I:!-.!. -~ __1-_ ¡"""';;:''.mr ... ,\-. 3: '" :--A c RID _ It;.... \:....-.-~ a: ~ ~VI 'IT. IL:'Ý' 7. \\ V 1 a: "Î"" - MIDWAY 3 2 I 1ft. . AnI ,;¡- I.,,, 1 l7l2)2 ;. v:~ ELDRED '\ . - _¡ ___Ib~ --f-- . ---+-.- ~'bl I ~~ ~T' ~ ~J'I".L - - -; u__. F\ \, I' , I .. , i f~ : 11 r I, .~-¡-"l" UL'!!5!! 1[\)\1.. \ (: ~ 8 I' 1D I 12 ill:) ['tic 11 LJ2 I · ~ ~_ _~ _ __~ _~.:LI~~5__u_ L-_fl<f _.,;"L-.~,;d-w .-lL,.¡,n;;I~~~~:VE~-' I_~I" ). 1.LAIID! Ò ~ ~ I ~ I I!!!: I' '-J:õ\ I~· R".AN :., ~"¡ · ¡ "!1 I.: 5 14; 13 ,. ~ II :/~~'. SO; ' 5 :\14 if 13~ ANK~~A 11 1., 0 en t ANAL I ) IRDI crj---t-- ¡ -- -----¡-----~ ~:- ---'; - -i-----fn~-~ ~ ~ ~ ':. .1-'-:'1'--:·-J- 2. !,,~~21. ¡__.~_ "1 24 t'!9 i · ''''V:~ [?\If\'' i ~! It." t ' >... ~ t a: ì .µ.' 1 --. ~--.- -I,) -, -- n JX~~,~ I .uJ__. __I· ~- \ ,'Z t!r I ~ aLILn. < ,.a,... ¿''':'¡¿--j''\ I ~, I ' "'.. ... 5i . li 25 I' 3. I 29 2.' 21 2. I IE' '!: 12., '. 25' 3... I 0 ¿ '.; ~ If.. L' a: . I : il5 I ,2"J .. ~ --=~'¿-'-+I -L-. "" "~ . ~\lT -!~ \~:'-\!( Ll~~ ...~ --L~ ..:-~ '~V ., 5 ! ' . r~, 2 1.. l~'; . ~~J ~T~, \,p'] · r I 5 '-J' Þ~~QJ . 2 ~" [ ~~---~--i'- ~1- -to \ - ._~-~J . L I ~-~ .)- L--- I' "., . - ~ I ,12 7 · \' . 'I I. ;-.," ! 12 . 7, T:'"~~ ~ :~~ ~ 11 12 I .~ ,"~ÇI~!iI), , ", ~ __ 1_ -- -- -1-- t-...a4rLIN'<'..VAnt B "r .~. I V' r" ~ i r' I ,"F] . 609 - I .----- -- ·81;~.J Iii I I~ ~ - .~-;;~ -. ~ COU'NTY -- ~ " 13 18', 17 11 ¡ (14 I 13 . 1. 11 ~ ,. 5 ~4~~' ~ 3 ' 24:¡ " 2.. 21 ! 22 23 I 24 ,. I 2. _ 21 I 23._..0..... a: , '~ ," r-~':W~""" c( .-I-·.-~~-~-I ~+~ t\1.&<: !:+-.+~¡ ~7f-~.~L 2 -~'r---~ - -·--I------[h- J --- .. ~L -~ ~ ¡\L-- L~;~ '~~I 15 , ,. ~ 31 32 J3 I.. ,. ~ '3In--' 3J-~-3J ~ ~--I ~. ~S~ I I i I I IU 3. I LJ I I l~ BErK'. ~n-"(. , "rtf"Q I I I f'" 'M'A It TIN C 0 U N T Y ~ ~ (II I I I I I I I ~ -I r: . en I \t) ~ . I I I ¡ I ~ lit '. ' 1'~ ¡.. . "·r General J.iighw~Y'n '. Ms. 'of ST L NTV o F ~ ?:TI~D A 3MI I' I I I ~, 997 DOLPH MAP CO.. INC. 430 Nonh Fodwol HIghway Fort uudenlale. FL 3330' 864-713-4732 TNt It ................................ ---- ::c.~~~~:':"--:: ....-.. ... ... .......... .. ... ...... ... ...... -..,....... - .............. --*'" ........................ ............-........... - ~ t ~ r- i '-' """ . .. Attachment #6 FEE SCHEDULES Coastal Care ALS Transportation Services Ambulance Fee Schedule BASE DESCRIPTION RATE WITH W/O SUPPLIES SUPPLIES MILEAGE CHARGE ALS (one way) BLS (one way) nla nla $350.00 $230.00 $320.00 $250.00 $7.00/mi. $7.00/mi. nolo... ~~...; f~.-~ Care-A-Van Fee Schedule Stretcher Wheelchair $75.00 - l/way $35.00 - l/way nla n/a nla nla $5.00/mÏ. $2.25/mi. L~" SERVICE BASE PRICE OTHER 24 hrs/day 7 days/week BLS Ambulance $150 $5.00/mi .. ....... . .......... ....... .... '. SERVICE BASE PRICE OTHER 7:00 a.m. - 7:00 p.m. Stretcher $50 $3.ûO/mi. (each way) (one attendant) Wheelchair Van $25 $L75/mi. (one attendant) Additional Costs: · After hours call $15 flat · Additional Attendant $15/hr. $ 15/hr. · Wait Time PPS PRICING (Rates are in effect only when the SNF is billed directly for services) Coastal Care ALS, and parent corporations, Coastal Care Corporation and Martin Memorial Health Systems, Inc. are not-far-profit organizations. We are committed to providing services based upon need and provide a full range of financial assistance programs to aid those with the inability to pay. Decisions to transport are based upon resource availability, not on the clients ability to pay, race or creed ", ~ w Attachment #7 Community Impact Statement Coastal Care ALS Transportation Services Martin Memorial Health Systems established coastal Care ALS Transport Service in 1984 to provide Martin Memorial Hospital, other health care facilities and residents in Martin and St. Lucie Counties with non-emergency advanced and basic life support ambulance service. Prior to that time, the only ALS service available was based in Palm Beach County, and the nearest BLS service was based in Fort Pierce. Poor response times and quality of service prompted Martin Memorial to start their own ambulance service. Coastal Care ALS started out with one Advanced Life Support ambulance and has grown by almost one ambulance each year since then. Coastal Care ALS provides transportation regardless of the patient's ability to pay. We have provided advanced and basic life support transportation for all local hospitals on the Treasure Coast in need of our services. In 1990, Coastal Care established a wheelchair van transportation service (Coast Care-A-Van) to provide Martin and St. Lucie county residents who do not require an ambulance with non- emergency transportation. We now operate four wheelchair vans and will be adding another in the next few months. Also in 1990, at the request of Raulerson Hospital and Okeechobee Fire Rescue, Coastal Care ALS placed an ambulance at Raulerson Hospital in Okeechobee to provide their hospital with inter- facility transportation. We currently continue to provide services to/from Raulerson Hospital on an available and as needed basis. Coastal Care Transportation provides courier services and surgery patient transports to Martin Memorial Health Systems and various outpatient surgery centers through a fleet of courier vehicles. Our couriers provide lab specimen pickup at physicians' offices, x-ray delivery to physicians' offices, delivery of mail and supplies to all of the affiliate locations of the Health Systems and courtesy transportation service. Overall, we provide all type of medical transportation with 28 vehicles driving over 800,000 miles each year. .--0 . :~.; r· I ~ ..,¡ Attachment #8 Licensure Documentation Coastal Care ALS Transportation Services Copies oflicenses and/or pennit (s) as required by Chapter 401, Florida Statues and any application rules. 1.."';" ~ r !.~ I::"'. ~ r:---. ~ .0 o « c - a:: o -I LL LL o w ~ ~ en en w u W> (J)~ ZW wen ~-I ...Jc(:I: t-~~ ~C~ ~~:I: D.>LJ.. ::JUO ClJZ"'" wwffi !;:C):E ...J~"'" CWO::: :E~ ~ww zU.c ~o c=> <~ a:: ::J m .... ro .c .... .z:. :e ~ o - .!!! I/) :ë I- ~ c co" ~§ B 8 £: 5 g, .- o 5 E ~ ]8 .t: U 0:": -5.0 :: :: coe.. ~ .~ 0 ,,- ;~ t¡" ã "8S ut: Q U ;>U 0'::: ~ r::3 .. .~ ¡j ~ c'- 0 'Ë "§:] "co" < c Q .g] .E .t: t;:: -.. 0·- rJ ~&:.=- ÑfI Ò ,.', fI c::: ..... .. :: "<:t - 0 1.0 .9 u ... Š Q U - ã.·Š "::I !3'- ... _ -.0 u=- "coò ; " .~ ~ ~ ~ a § Z !3 0 eI) - .g.:[ .t: .c' o :: - fI Lt.. 8 õ 'E oo:r U tel) - t: 0..0 ~ c.. U =- -5c.i3 '~ ~ ]...J ~] E ~ 8 :>- <II" ~< 'I! .f' e ~f-' tê] U :: ... 0 c::: ... -0 BJ t: &. (I) 3 @ . õ.. ¡- <II" o c .c :: ~ e Q.,o o I~ -~ .ª ... c..E (I) 0 ~~ ~ ~ e..:< o t: ~ e .... _ c r3 0 'õ.. z (I)" ..2 § ~ e Q.,O o 01) 5 .q~ :::: '-t ~ * E'7 .s~ o 01) c .f'~ 13] 'ð .~ E~ .s~ o ..... 5 s ~ ~ á3 "B 1;'; :.:::I ~ 0 ..c CI:I ,I Q -s .6 13 ;;; ){ 8- ~ =æ -= <I Q ~ H t::: .- ï5.~ t: :< 8 UJ <I ~ <1) .... co o .... '" > o z H .. ]. ø:: ..... '" .c ... ... ...: '" ê o ... 8 ê .~ ] r '-" ~ l.~: Attachment #9 Narrative History of Coastal Care Advanced Life Support ~~:.:: ; L.·, ,< Coastal Care ALS Transportation Services r " Martin Memorial Health Systems established coastal Care ALS Transport Service in 1984 to provide Martin Memorial Hospital, other health care facilities and residents in Martin and St. Lucie Counties with non-emergency advanced and basic life support ambulance service. Prior to that time, the only ALS service available was based in Palm Beach County, and the nearest BLS service was ba~ed in Fort Pierce. Poor response times and quality of service prompted Martin Memorial to start their own ambulance service. Coastal Care ALS started out with one Advanced Life Support ambulance and has grown by almost one ambulance each year since then. Coastal Care ALS provides transportation regardless of the patient's ability to pay. We have provided advanced and basic life support transportation for all local hospitals on the Treasure Coast in need of our services. ,:~, -I ~.~ be; ~~ In 1990, Coastal Care established a wheelchair van transportation service (Coast Care-A-Van) to provide Martin and St. Lucie county residents who do not require an ambulance with non- emergency transportation. We now operate four wheelchair vans and will be adding another in the next few months. Also in 1990, at the request of Raulerson Hospital and Okeechobee Fire Rescue, Coastal Care ALS placed an ambulance at Raulerson Hospital in Okeechobee to provide their hospital with inter- facility transportation. We currently continue to provide services to/from Raulerson Hospital on an available and as needed basis. ¡ I L Coastal Care Transportation provides courier services and surgery patient transports to Martin Memorial Health Systems and various outpatient surgery centers through a fleet of courier vehicles. Our couriers provide lab specimen pickup at physicians' offices, x-ray delivery to physicians' offices, delivery of mail and supplies to all of the affiliate locations of the Health Systems and courtesy transportation service. Overall, we provide all type of medical transportation with 28 vehicles driving over 800,000 miles each year. (~f~:1 I;:". I I ~ ..",., Attachment #9 Narrative History of Coastal Care Advanced Life Support contd. Coastal Care ALS Transportation Services LEADERSHIP TEAM: The collective leadership team of Coastal Care ALS provides expert business and industry knowledge to effectively direct all operational and management activities. Coastal's leadership team is made up of the following: IVINS STEINHAUER. Administrator of AmbulatorvlPhvsician Services: Mr. Steinhauer has been employed by Martin Memorial Health Systems for 27+ years, initially employed as Director of Respiratory Therapy. He is credentialed in Respiratory Therapy, Cardio- Pulmonary Technology, as well as Pulmonary Function Technology. Mr. Steinhauer is an active member of the following Boards of Directors: American Heart Association, American Lung Association of SEC Florida (past President), has been involved with American Lung Association of Florida, United Way, and the Florida Association of Respiratory Therapy. He is currently a member of the Society for Ambulatory Care Professionals of the American Hospital Association, the Medical Fitness Association, and the American Medical Athletic Association. JOHN L. SIMONS. Jr.. D.O.: Specialist in Occupational Medicine and Family Practice. University of Florida, BS Business Administration; Southeastern University of the Health Sciences in F1. Lauderdale, College of Osteopathic Medicine; Internship with Universal Medical Center in Plantation, FL; Residency with University of North Texas and Palmetto General Hospital. Board Certified Family Medicine and added qualification in Occupational Medicine. Member of American Osteopathic Association; Florida Association of EMS Medical Directors, Florida Medical Society and Martin County Medical Association. Serving as Medical Director for his second term since 1998. , ..' DIANE KORBEL. Mana!!er: Resident of S1. Lucie County. Employed by Martin Memorial Health Systems/ Coastal Care Transportation since November 1998. Mrs. Korbel has extensive administrative management experiences in the health care and insurance industries over the past 25 years. She holds an AA degree in Business Administration and has supplemented her education with numerous specialty certification programs including Risk Management, Human Resources Management and Medical Coding. ROBERT CARLO. EMS Supervisor and Field Trainin!! Officer: Mr. Carlo is a State Certified Paramedic and also holds certifications in ACLS, PALS, NALS, EVOC, Certified Flight Paramedic, Phannacy Technician, PHTLS, BTLS. He is a certified instructor for ACLS, BLS, CPR. He is a member of Martin Memorial Health Systems Education Dep1. Instructional staff and is a contributing author, reviewer and development team member of the Emergency Medical Guidelines 1999-2000 protocol manuaL He is a member of the National Flight Paramedics Association and of the National Association of Professional EMT's and Paramedics. Mr. Carlo has been a contributing member of the Coastal Care ALS leadership team for over four years. He began his EMS career in 1979 in New York and has held positions of distinction with the City of New York including Chief of Operations, Rego Park Volunteer Ambulance Corp. for four years. r- ~ ..., f}; t, ;,:~' ~: Attachment #10 Additional Information Coastal Care ALS Transportation Services Florida is experiencing continued growth - especially and specifically in the Treasure Coast area. It is one of the leading states in the country for concentration of the elderly and disabled. Martin Memorial Health Systems corporately has and is working diligently to keep pace with the growing population demands for health care services and delivery systems. Coastal Care ALS and Transportation Services is an essential element to meeting that need. Not only are more people moving into the area, so also are numerous medical providers and corresponding medical facilities - all of whom are dependent upon reliable and experienced medical transport providers. :~~ We are fully staffed with qualified EMT's and Paramedics, half of whom reside in St. Lucie County. Our employee recruitment draws heavily from the St. Lucie County labor pool and our associates are eager to see us continue and expand our operations in the county. r: W' Attachment #11 Background Investigation ~ Coastal Care ALS Transportation Services It has been the employment policy and practice of Martin Memorial Health Systems and all of its subsidiary companies to obtain a criminal background check on each associate prior to hire. In addition to this investigation, we also verify all employment history, driving qualifications and position-specific required certifications. In order to accomplish all these investigative processes, we contract with Edge Information Services, a professional background research investigation firm based in Melbourne, Florida Additionally, we are a Drug Free workplace and as such conduct pre-employment drug testing and maintain the right to request a drug test under reasonable suspicion and as a follow up to all employee accidents or injuries while on the job. Attached is a copy of our policy statement and application addressing these requirements. r '-' 'WI MARTIN MEMORIAL HEALTH SYSTEMS DEPARTMENT STANDARD/STRUCTURE STANDARD FACILITY NAME: Martin Memorial Health Systems CITY, STATE: Stuart, Florida COpy ORIGINATING DEPARTMENT: Human Resources TITLE: Pre Employment Credentialing DEPARTMENT STANDARD/STRUCTURE STANDARD: [i.~; ~ It is the policy of Martin Memorial Health Systems that employment is contingent upon the successful completion ofthe pre-employment process. All candidates for employment must complete the employment application which grants permission for Martin Memorial Health Systems to obtain all necessary information. It is the responsibility of the applicant to submit copies of applicable licensure, certifications, degrees and/or transcripts in order to be considered for employment, if it is required for the position. Human Resources conducts the required verifications which may include, but not limited to: I \.~ · criminal background check · abuse registry background check · previous employment history · education (degreed) · professionallicensure(s) · driving license history WRITTEN BY: DATE ADOPTED: REVISED: REVISED: REVIEWED: REVIEWED: REVIEWED: APPROVED BY: DATE REPLACED: D:personn.pol ~ o ¡,¡J '" ;:¡ ¡,¡J u IE o " 2 P.O. Box 9010,~, FL34995; (561) 223-2800; FAX(561) 781-2751 Employment Hotline: (561) 223-4987 Internet website: www.mmhs.com .". . . II MARTI N MEMORIAL :Jfeaftn Sy'stems Marrin Memorial Health Systems provides equal opportunity in employment for all qualified persons. and prohibits discrimination in emplOY1Mnt with ngard to race. color. religion. sex. marital status. age. national origin or disability. Application for Employment Please print clearly Name Last First MIddle Initial Address State Zip Street CIty (Work) phone (Home) '* rn i ~ Social Security No. Are you a U.S. citizen? DYes oNo ~ If not a U.S. citizen, are you legally authorized to work in the U.S.? DYes oNo ~ Are you less than 18 years of age? (Applicants under 18 are eligible for certain employrru!nt, -< but there are legal restrictions on the type ofjob and hours worlced.) 0 Yes 0 No Z o 00 ~ ~ =- 1. Have you ever been convicted of a the OIG of the Department of Health crime, entered a plea of no contest, or had and Human Services? 0 Yes 0 No adjudication withheld? 0 Yes 0 No 4. Have you ever been convicted of: 2. Have you ever entered a pre-trial inter- (a) driving while intoxicated, vention program after having been (b) driving while under the influence, charged with a crime? 0 Yes 0 No (c) driving with unlawful blood alcohol, 3. Have you ever been sanctioned or banned (d) leaving the scene of an accident, or from participating in federal programs by (e) reckless driving? 0 Yes 0 No If yes to any of the above. please list convictions, pleas, adjudicaûons, dates and details you want us to consider: (A previous criminal conviction will not. under all c¡'cumstances. automatically disqualify you/or employmenl) position desired or areas qualified for: E- List area preference: ~ ~ 1. >- 0 2. ~ =- ø.. ~ 3. ã rn Minimum salary/rate required ¡¡¡ ~ Circle highest grade completed: Q Grade School High School G.E.D. 12345678 9 10 1112 Yes No Name and Address HighSchool Z 0 College or .. ~ Nursing School U ~ Graduate School Q Apprentice. Business. ~ Vocational School Licensure Professional License No. Availability o Full time o Per diem o Seasonal from o Evenings (3pm-11pm) o Nights (7pm-7am) o Other o Weekends Date available o Part time o Days to College/Nursing School 1234 Graduate School 1234 Major Course of Study Degree Date Received Exp. Date Note: Please submit copies of degrees and/or transcripts, certifications and licensure with this application. specify number of years of experience in each of the following: Mental Health Recovery Nursery Surgery Obstetrics Telemetry Oncology Pediatrics Other (specify) Nursing: Emergency Geriatrics Gynecology ICU/CCU MedicaIJSurgical ~ z ~ Name (as listed on driver license) Z State License No. Exp. Date 5: Do you have a Class D Drivers License? 0 Yes 0 No if driving is required in your position. a 3-year ~ Õ check will be made of your driving record. Your record must be clear. and you must mainlain this slatus wlùle in the position. OR OFFICE USE ONLY ROUTING INFORMATION NAME DATE HOW DID YOU HEAR ABOUT US? o Our Ad Publication o MMHS Associate AssocÎLJteNam4 o Internet web site 0 Other Please read carefully. Sign after completing this entire application: EMPLOYMENT CONDITIONS The information listed is true and complete to the best of my knowledge. Should I be employed by the Martin Memorial Health Systems, any misrepresentation, false or misleading state- ment or omission contained herein may be considered cause for dismissal. Martin Memorial Health Systems has my permission to obtain all necessary information concerning my prior em- ployment, from the references I have listed or any other sources, personal history or credit standing. I release all parties from any possible damages resulting from dis- closure of such information with/without prior written notice from me. I reserve the right to know the names and addresses of any investigative agencies used, in or- der that I may learn the information contained in any reports furnished to Martin Memorial Health Systems. Since certain affiliates of Martin Memorial Health Sys- tems are in operation 24 hours a day, seven days a week, overtime, shift assignment change, rotation of shifts and weekend and/or holiday work may be mandatory. If ac- cepted for employment, I agree to abide by the rules and policies of the Corporation. I understand this application does not constitute an em- ployment contract of any kind. Should I be employed by the Martin Memorial Health Systems, I may resign such employment at any time at my discretion with or with- out prior notice, and the Corporation may terminate my employment at their discretion, with or without cause and with or without prior notice. I further understand that no representative of the em- ployer has any authority to enter into any agreement with me for employment for any specified period of time, or to make any agreement contrary to the rules and policies of the employer. Applicant Signature Date ~ ....., AGENDA REQUEST ITEM NO. C - I DATE: April 25, 2000 CONSENT X REGULAR PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Communi tv Development SUBJECT: BACKGROUND: Request of the Turtle Nest Subdivision for relief from the requirements of Section 11.02.09(A) (4), St. Lucie County Land Development Code, Traffic Impact Report, for the Turtle Nest Subdivision, located on South Hutchinson Island The developers of the Turtle Nest Subdivision have submitted a request for relief from the requirements of Section 11.02.09(A) (4), St. Lucie County Land Development Code, Traffic Impact Report. This six (6) lot residential subdivision is to be located on South Hutchinson Island, midway between the FPL Power Plant and the City of Ft. Pierce. The anticipated trip generation rate from this development is approximately 60 trips per day, at peak occupancy periods. In 1993 the County, in cooperation with the City of Ft. Pierce, Martin County and the Florida Department of Transportation conducted a detailed traffic review of the South Hutchinson Island area. This review looked at the buildout conditions of the Island and concluded that based on the land use assumptions used, sufficient capacity existed in this area of SR A-1-A to meet the demands at the anticipated level of development. Noting that this proposed project is consistent with the land use assumptions used in the 1993 area wide evaluation, staff concurs with the request for relief from Section 11. 02.09 (A) (4), St. Lucie County Land Development Code, Traffic Impact Report. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the request for relief from Section 11.02.09(A) (4), St. Lucie County Land Development Code, Traffic Impact Report. COMMISSION ACTION: [X ] [ ] APPROVED OTHER: County Attorney: DENIED coordination/Siqnatures Mgt & Budget: purchasing: Originating Dept: (AGEND494) Other: Other: Finance (copies only) : " "" ....", COUNTY COMMISSION REVIEW: April 25, 2000 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board Of County Commissioners FROM: Community Development Director DATE: April 17, 2000 SUBJECT: Request of the Turtle Nest Subdivision for relief from the requirements of Section 11.02.09(A)(4), St. Lucie County Land Development Code, Traffic Impact Report, for the Turtle Nest Subdivision, located on South Hutchinson Island Attached is a copy ofthe submitted request from the developers ofthe Turtle Nest Subdivision forrelief from the requirements of Section 11.02.09(A)(4), St. Lucie County Land Development Code, Traffic Impact Report. This six (6) lot residential subdivision is to be located on South Hutchinson Island, midway between the FPL Power Plant and the City of Ft. Pierce. The anticipated trip generation rate from this development is approximately 60 trips per day, at peak occupancy periods. In 1993 the County, in cooperation with the City of Ft. Pierce, Martin County and the Florida Department of Transportation conducted a detailed traffic review of the South Hutchinson Island area. This review looked at the buildout conditions of the Island and concluded that based on the land use assumptions used, sufficient capacity existed in this area of SR A-I-A to meet the demands at the anticipated level of development. Noting that this proposed project is consistent with the land use assumptions used in the 1993 area wide evaluation, staff concurs with the request for relief from Section 11.02.09(A)(4), St. Lucie County Land Development Code, Traffic Impact Report. If you have any questions, please do not hesitate to let us know. SUBMITTED: JU~1:;L Community Development Director JS/ TURTLE 1 (a80) cc: County Administrator County Attorney Greg Boggs ~ ....., PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION MEMORANDUM SUBJECT: Dennis Murphy, Assistant CD Director J. Scott Herring, Traffic Operations Engineer fJ1If- Traffic Impact Waiver - The Turtle Nest Subdivision, S. Hutchinson Island TO: FROM: DATE: March 13,2000 Based upon the information in the attached letter, and the McMahon Report, I would recommend that a Traffic Impact Report waiver be granted for this project. I hope you find this information helpfuL Should you have any questions, or need additional information, please contact me at 462-2829 or via email at sherring@stlucieco.gov. JSHlsb Attachment cc: Ray Wazny, Public Works Director Mike Bowers, Road & Bridge Manager Chuck Claypool, Traffic Project Coordinator Greg Boggs, Thomas Lucido & Associates Ji-Ang Song, P.E. Gee & Jenson ..,--'''- -""-" --~-,..~_. _..~',.- ! ~; iN~RI~; - \/f ~ ' ~ 'W A GEE & JENSON Engineers. Architects· Planners, Inc. SINCE 1951 One Harvard Circle West Palm Beach, FL 33409 Telephone (561) 515-6500 Executive Fax (561) 515-6503 Fax (561) 515-6502 March 7, 2000 Via Fax 561/462-2362 and Reg. U.S. Mail Mr. Scott Herring, P .E. St. Lucie County Traffic Engineers 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Re: The Turtle Nest Subdivision, South Hutchinson Island Dear Mr. Herring: Pursuant to Section 11.02.09 (A)( 4), I request the Traffic Impact Report to be waived for the above referenced project. It is my understanding, the average daily trips, approximately 10 per unit for the 6-10t subdivision, and related trip generation will not adversely affect the current level of service on State Road AlA based on the previous traffic study prepared by McMahon & Associates which has identified the subject site and its future load impact and any necessary improvements to AlA. We will appreciate your timely schedule of waiver of Traffic Impact Report for the Board of County Commissioner's hearing. Any concerns or questions relating to this issue, please call me at 561/515-6548. Thank you for your cooperation in advance. Very truly yours, I~b JI-Ang Song, P.E. Vice President JS:vh Engineering ## EB 0002934 . Architecture ## AA C000656 . Landscape Architecture" LC COOOO5O. Land Surveying 4# LB 0002934 . Interior Design" Ie 0001020 "" ..." AGENDA REQUEST ITEM NO. c-q DATE: April 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): Administration Douglas M. Anderson County Administrator SUBJECT: S1. Lucie County International Airport - Donation of Surplus Facilities to St. Lucie County Fair Association, Inc. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/ A PREVIOUS BOARD ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners declare Buildings 2 and 3, the livestock arena and the small animal arena located at the St. Lucie County International Airport surplus property pursuant to Section 274.05, Florida Statutes, and authorize the donation of said property to the S1. Lucie County Fair Association, Inc. for removal and relocation to the new fairgrounds on Midway Road. ~] APPROVED [] DENIED [ ] OTHER: Do as nderson Count Administrator COMMISSION ACTION: Review and Ap?rovals County Attorney: 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: Douglas M. Anderson, County Administrator DATE: April 19, 2000 SUBJECT: St. Lucie County International Airport - Donation of Surplus Buildings to St. Lucie County Fair Association, Inc. BACKGROUND: Under the proposed development of the fairgrounds site at the St. Lucie County International Airport, demolition is planned for certain facilities formerly used by the St. Lucie County Fair Association, Inc., namely Buildings 2 and 3, the livestock arena, and the small animal arena. In order to save the cost of demolition, staff is proposing that the County donate the buildings and arenas to the Fair Association. The Fair Association is willing to dismantle the buildings and the arenas at no cost to the County and relocate them to the new fairgrounds on Midway Road. Section 274.05, Florida Statutes, permits the County to declare as surplus property the continued use of which is uneconomical or inefficient and then donate the property to qualified private nonprofit agencies such as the Fair Association. CONCLUSIONIRECOMMENDATION: Staff recommends that the Board of County Commissioners declare Buildings 2 and 3, the livestock arena, and the small animal arena located at the St. Lucie County International Airport surplus property pursuant to Section 274.05, Florida Statutes, and authorize the donation of said property to St. Lucie County Fair Association, Inc. for removal and relocation to the new fairgrounds on Midway Road. Respectfully submitted, Douglas M. Anderson County Administrator DMAles Copies to: County Attorney Airport Director Deputy Clerk Apr 21 00 11:338 AIRPORT 561 462 1718 p. 1 ~ ...,,; ~ Ftorida Department of Transportation JE8 BUSH GOVDNOIt PUaJC TItANePORTATIOtI CJtI.'f:1CE . AVIATION 8I!CTION THOMAS F.. .4aR.Y, JII.. ~w.lQ.¡ .. IT,............ .......~...PIDñdII.....1 . --'77... UCIŒTARY Aprit 21. 2000 Mr. PaW p~ Airport Director St Lucie County International Airport 2300 Virginia Avenue Fori Pierce. Fl 34982 Dear Mr. Phillips Subject: WPI No.: ~1tØ7 (CIoMcI) OtecrIptIon: Pure.... ~... LuCIe InternatIOnal AIrport Re~ Relocation of Fairgrounds Buildlnp Per your letter datIId Aprll17, 2000. the florida Department or Transportation has no objection to the donatiOn and retoc.8tJort r:A any existing sI1ue:*.tAIS located on the Fairgrounds property açquired under the subject WPI Number. The property was purchased to provide 8ddftlonaf arM for &vialiOn development, which witt ïncrea.. h revenue potential of the St. Lucie County international Airport. Since tn. wrrent etructures are of no use to the potential tenants for the lb. RIIoCation by the Fair AesocìatiOn witl etiminate the cost of dBmOlition to Ihe County or the potential tenant.. SubeequenUy, the Airport ShOuld not be responsible for any of the costs aaaodated wW1 relOcating 1he structures. If you haY. any questiOnS or need additional infOrmation, pi.... contact me at (954) 771...4683 or....... at matlheW.thVsþ)dot.state.fI.us. ~i¡ Aviation Supervisor Pubtlc TranlØQt1atiOn omce eç: Nancy Bungo, PubUç Transportation M.~ 1"_ WPI No. 4828297 (Closed) S:\PTCMW.~/IØGt_/IINþI'. .tA111 AIR................... www.dot.state.fLus e AãC'lCU!O "."g" ~/ ~ AGENDA REQUEST 'WI ITEM NO. C-1 0 DATE: April 25, 2000 REGULAR PUBLIC HEARING [ CONSENT [X J TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: Movement of funds from Fine & Forfeiture contingency BACKGROUND: Tom Willis, Trial Court Administrator for the Nineteenth Judicial Circuit sent the attached Memorandums to the County Administrator asking for additional funding in support of the visiting judges. FUNDS AVAILABLE: See attached Budget Amendment 00-1 34-Contingency Fine & Forfeiture PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Amendment 00-134 authorizing the Office of Management & Budget to move $2,200 from the Fine & Forfeiture Fund contingency account into the appropriate accounts. [x J APPROVED [ ] OTHER: [ J DENIED oug Anderson unty Administrator COMMISSION ACTION: County Attorney: XX .err y<J.. Coord; nation/Sia natures Management & Budget: xx-If (V1~ Public Works: . Purchasing: ><'1- cO Originating Dept: Other: Finance: (Check for Copy only, if applicable) LL-- G :\8 UDGE1ì WP\AGENDA'S\AgendaOO\4'25Court 1. wpd :/ BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTM~: OMS/COURT ADMINISTRA TOR(VISITI~JUDGES) PREPARED DATE: 04/19/00 AGENDA DATE: 04/25/00 TO: 1 07-605-551 000-1618 Office Supplies $1,500 107-605-551501-1618 Office Supplies - Computer $200 107-605-552000-161 8 Operating Supplies $500 FROM: 107-9910-599100-800 Contingency $2,200 REASON FOR BUDGET AMENDMENT: To pay for unanticipated office expenses incurred by visiting judges. CONTINGENCY BALANCE: $20,000 THIS AMENDMENT: $2,200 REMAINING BALANCE: $17,800 DEPARTMENT APPROVAL: cJY¡1ré:¡ OMB APPROVAL: BUDGET AMENDMENT #: 00-134 DOCUMENT # & INPUT BY: ¡. G:\BUOOET\QUA TTRO'GENERAL IFORM5lAMENDMOO. wbJ 04l2OlOO ... 7 DEPARTMENT Approved Budget Proposed action: FISCAL YEAR 1999-2000 FU~ ''1S APPROVED FROM CONTlNGF"'CY '-' FINE AND FORFEITURE FUND ..", ITEM ACCOUNT # Contingency 1 07-991 0-5991 00-800 Total used: Balance Available Visiting Judges 107 -605-various-1618 Balance Available After Proposed Action: GI8UDGEnQUA TIROIGENERALIFORMS\AMENOMOO. wb3 04I20i00 AMOUNT 20,000 o 20,000 2,200 17,800 DATE 04/25 ;. I ". \IAH :_9~2~ j SI LUCIE COU¡~ y FLORIDA I ~.. . --J . .'.... '....- "'~ -, ::"1)GET "<1 t ! '-" I I ,,"',\11':./":. ~\\ .~_ ,,:'r ,Ill. . ,: i'\~f( .~. /}: / :,¡ç"t:·, ,.."-¡ )1~~,_·:.·,· }·.~!f¡ .~m~ì'i~'r·,'.1 '. ~~:q';iZj~\)/ ..., Tftomas H. Wif[is TRIAL COURT ADMINISTRATOR S tate. Of FCoTÛ:Úl. Nineteentfi ] uáidaL Circuit Mark.]. Godwin DEPUTY COURT ADMINISTRATOR Lisa Savage SENIOR DEPUTY COURT ADMINISTRATOR ] OM]. Va.nüra. DEPUTY COURT ADMINISTRATOR March 28, 2000 ME M 0 RAN DUM 00 - 078 TO: Doug Anderson, St. Lucie County Administrator Marie Gouin, Acting St. Lucie County Budget Director FROM: Cl-nun- Willis RE: Visiting Judges Budget As a result of additional judges being assigned to St. Lucie County, we have experienced a short fall in the visiting judges budget. We had to order signs for the judges offices and si nce we are now having judges sharing copying machines (in an effort to save money) we are out of money for office supplies. More expenses are expected over the next 6 months. I am requesting that the county consider transferri tlg $1,500.00 from the Court Facilities fund to be visiting judges budget. $500.00 needs to be pIL,ced in Operating supplies to pay for the signs and $1,000.00 should be placed in Office supplies. THW /khg cc: Chief Judge Paul B. Kanarek Helen Tomlin, St. Lucie County Finance 229 Courthouse Addition. 218 South Second :;treet . Ft. Pierce, FL 34950 Phone: (561) 462-1472 . Fax: (5ô1) 462-2135 Indian River, Martin, Olieecftof,,'e &. St. Lude Counms ¡" '-' ",<:{1'iiT:~¡:~... ,/ ,§.,,-u.:;;:;rc':<'8::-.. '>7~-''''> ~" '\ I.'.:>.' ',.., ø¡i«...;~.. 0, ¡,~;( ~.. ·~,.C,...·:~\ 11,:\.1' ~.'$. '"'' <.;"4".'.'. ·;J:~\.;:i'OJ· ~ ." I "';~t~J .-.W.~~-£1 ~;,..~ '; ;!}'~-' f/If!¿';t \.; "'~!"Jl1e ';i.$ . ..;J'~·3·...,- ,.' "./ ',.<:"""... ..;<-,/ Î."·,-...;,...""r"\~\.I7 ",~~t¿.~!:.~..,J ...., :- Thomas H. Wiffis TRIAL COURT ADMINISTRATOR S tate Of fCoridå. Nineteenth] udìciaL Circuit April 14, 2000 Mar~ J. Gocíwin DEPUTY COURT ADMINISTRATOR Lisa SavClge SENIOR DEPUTY COURT ADMINISTRATOR JOM J. Va.tti£ú¡ DEPUTY COURT ADMINISTRATOR MEMORANDUM 2000-092 r--o¡:F¡CE Oì:'~' I~ MANAGEME:\JT &'::;Ui)GET r APR I-;~ l L L ST. LUCIE ~~FLOR~A TO: Doug Anderson, St. Lucie County Administrator Marie Gouin, St. Lucie County Management and Budget Interim Director Chris Hartley, St. Lucie County Finance Director ~m Willis, Court Administrator FROM: RE: Windows 98 upgrade for visiting Circuit Judge Larry Schack Attached is a request from Circuit Judge Larry Schack for upgrading the PC in his office to Windows 98 in order for him to properly use his computer. I will be glad to order Windows 98 but I need to know whether to bill it out ofthe Visiting Judges budget or your authorization to bill it out of Court Facilities Fund. Please advise as soon as possible. THW Ids Attachment cc Chief Judge Paul B. Kanarek Judge Larry Schack 229 Courthouse Addition. 218 South Second Street. Ft. Pierce, FL 34950 Phone: (561) 462·1472 . Fax: (561) 462-2135 Indian River, Martin, ORw:1io6æ & St. Lucie Counties .. '-' ,~,~.)~!:;I :'::::~.!'~. j):., ..', .:/ 1~¡;¡\~ ,:;;~~; ,:' f:V ,~~':::¡~?tt,\ ~~~I- 'f.(-~ h..·æ~~:£;s~ \"'··;frit;::" ,'(" ':::' ..ï:!:..,,:;_.~j.~~~ ~);tJ.,,·,t:.! '\",ff~f:i~~:',:,:" Larry SdiacÆ CircuitJud9e. State of Fforiáa. N inetœnt/í ] uáidaL Circuit MEMORANDUM TO: HON. TOM WILLIS COURT ADMLNISTRA T FROM: LARRY SCHACK CIRCUIT JUDGE DATE: APRIL 12,2000 SUBJECT: WINDOWS 98 Dear Tom: """'" At the recommendation of Automated Services I bought an external CD Rom read, write, rewritable drive to back up files on the "c" drive of my laptop and desktop computers in the office. Automated Services suggested a drive with a USB interface. Since buying the drive, I have learned that Windows 95 will not support a USB interface. F'lrther, Hewlett Packard advised me that a Windows 95 patch will not solve the problem. The syst'Jm requires Windows 98 to operate. I have purchased Windows 98 through my Martin County budget for my laptop. I cannot justify asking Martin County to pay the cost of Windows 98 for a St. Lucie County desktop computer. Unless Windows 98 is loaded on Janet's desktop computer, I will be unable to back up files on that computer. Please advise how I can get a copy of Windows 98 loaded on Janet's computer. Windows 98 retails for less than $100.00. Thank you for your assistance. /jbd 2000 Memos\ Willis windows software '-'ST. LUCIE COUNTY ...., MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA April 25, 2000 1. MINUTES Approve the minutes of the meeting held April 11, 2000. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 28 through No. 30 2. COUNTY ATTORNEY Access Agreement - Consider staff recommendation to approve the proposed access agreement with Queens Cove Property Owners Association, Inc., and authorize the Chairman to sign the agreement upon receipt of the signed originals from the Association. 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. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. S~éÌ~ tötmTt i:. Mill '-' vAWml Ltsif ,~a~ ðl.:;APt.:.~OOö fð ð1.;.Ãft-MOO PUNß SUMMMty~ Md~tttfö mlftd§ ž~"M¡ ,~ :l~,1Mò16 04/10/00 FZABVAAA i)FtiNb . -~~"<>/' '~':"< 145 '~'... -:' : -,~, . MöäijüftóÞund GRAND totAL! ftAtm 1 'AftOLL Ö,OO d~OO ~ ttrcíË eöWfii .¡;. MAM '...., ítAMANt tisi' #29- M.::AØ.!~OOð fö 14-APtt-~ôOO M1Nb atMfAAf~ HMôUìfö mmm!~ ~,~õa.1a 51.11 r~ -"'~"'''''''f40.'''''\I<¡¡.~_,.. 04/14/00 FZAt31tm FUND ) .;.c. 145 146 Hosquftó·Pond Mosquito Stàtè t Purtd GRANt> tOtAt! 9,g63.M PAtm 1 PAftðtt ~1,Öðð,a§ (1. 00 21,OOö.M i ..tJ"- ""J 04/21/00 ~ tt1t:t~ èôtMff ~ ñðAmJ ..."" FZA13\tAAA "'ARRANT t.íŠT 130.:. 1š-,m.::~óòö Tô~lo..APlt.:.~öOö PUNJj St1MJ.fMf~ Hô~öti:tfö roNb TIm" ~~a 145 Mosquito Fund 1.jjg,žÓ GRAND TOTAL: 7.339.20 PA~ ;'AftðtL ð.OO 0.00 1 '-' '-" MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 11, 2000 Tape: 1,2 Convened: 11 :05 a.m. Adjourned: 11 :08 a.m. Commissioners Present: Chairman, Cliff Barnes, Frannie Hutchinson, Paula A. Lewis, John D. ( Bruhn, Doug Coward Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney> Mike Leeds, Leisure Services Director, Jim David, Mosquito Control Director, Bill Blazak, Uti1iti~s Director, Ray Wazny, Public Works Director, Dennis Wetzel, Information Technologies Director, Don West, County Engineer, Hank DuFour, Human Resources Director, Joe Finnegan, PersonnelJRisk Manager, Deputy Nickel, A. Millie Delgado, Deputy Clerk 1. MINUTES (2-962) It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve ~ minutes of the meeting held March 28, 2000; and, upon roll call, motion carried unaWmOusly. 2. GENERAL PUBLIC COMMENTS Mr. Robert Anderson, resident, addressed the Board regarding the action taken to resolve the garbage issue. He also addressed the Mosquito impoundments and asked if it would be beneficial to have one west of 25th St. The Mosquito Control Director advised Mr. Anderson that the salt marsh impoundments work due to the fact that they are targeting a specific type of Mosquito that lays it's eggs in marsh mud. Out west there are some of those types of mosquitos as well as others who would take advantage of the water to breed. 3. CONSENT AGENDA It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. Mr. Anderson also addressed the disposal site and possible permanent piping. Com. Coward advised Mr. Anderson that his comments are not taken lightly. L Warrant List The District approved Warrant List No. 27 and 28. -1- ,-,. '....I , 2. Mosquito Control Agreement Amendment- The District approved Amendment No.1 of the Agreement No. C99-01-207 with Aeration Industries International, Inc., (aka Aeration Industries)" renewing the annual agreement at the fixed pricing specified in Exhibit B for Aero II -Series II Horizontal Aspirating Aerators and Aerator Parts, and authorized the Chainnan to execute the agreement. There being no further business to be brought before the Mosquito Control Board, the meeting was adjourned at 11 :08 a.m. Chainnan Clerk of Circuit Court -2- '-' AGENDA REOUEST 'wi ITEM NO. c.-l. DATE: April 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: St. Lucie County Mosquito Control District PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Queens Cove Property Owners Association, Inc. - Access Agreement BACKGROUND: See attached memorandum CA 00-561 FUNDS AVAILABLE: N/ A PREVIOUS BOARD ACTION: N/A RECOMMENDATION: Staff recommends that the Mosquito Control District approve th~ proposed access agreement with Queens Cove Property Owners Association, Inc, and authorize the chairman to sign the agreement upon receipt of the signed originals from the Association. [~ APPROVED [] DENIED [ ] OTHER: E: COMMISSION ACTION: la Anderson y Administrator County Attorney: ,~// ~) P" Review and Approvals Management & Budget: Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, ¡fapplicable): - '-' AGENDA REOUEST ..." ITEM NO. C. -). DATE: April 25, 2000 REGULAR [ ] PUBLIC HEARlNG [ ] CONSENT [ X ] TO: S1. Lucie County Mosquito Control District PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Queens Cove Property Owners Association, Inc. - Access Agreement BACKGROUND: See attached memorandum CA 00-561 FUNDS A V AILABLE: N/ A PREVIOUS BOARD ACTION: N/A RECOMMENDATION: Staff recommends that the Mosquito Control District approve th~ proposed access agreement with Queens Cove Property Owners Association, Inc, and authorize the chairman to sign the agreement upon receipt of the signed originals from the Association. [~APPROVED [] DENIED [ ] OTHER: E: COMMISSION ACTION: la Anderson y Administrator County Attorney: .~// ~¡ ty 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: St. Lucie County Mosquito Control District FROM: Heather Young, Assistant County Attorney C.A. NO: 00-561 DATE: April 18, 2000 SUBJECT: Queens Cove Property Owners Association, Inc. - Access Agreement BACKGROUND: Attached to this memorandum is a copy of a proposed access agreement between thè Mosquito Control District and Queens Cove Property Owners Association, Inc. The agreement establishes the terms for the District's use of the Association's roads in order to conduct mosquito and sandfly control activities in the Queens Cove Subdivision and the impoundments located on Jack Island, Kings Island and Queens Island. The initial term of the agreement will be one (1) year and shall automatically be renewed unless otherwise terminated by the parties. The agreement expressly provides that nothing contained therein shall constitute a waiver by the District or an affirmation by the Association of any rights S1. Lucie County may possess as the majority owner of Kings Island. The agreement has been approved by the Association. CONCLUSIONIRECOMMENDATION: Staff recommends that the Mosquito Control District approve the proposed access.agreement with Queens Cove Property Owners Association, Inc, and authorize the chairman to sign the agreement upon receipt of the signed originals from the Association. Respectfully submitted, H: f'£ng Assistant County Attorney Attachment HY/ Copies to: County Administrator Mosquito Control Director Deputy Clerk ........ ..;. """" AGREEMENT THIS AGREEMENT made and entered into this day of , 2000, by and between QUEENS COVE PROPERTY OWNERS ASSOCIATION whose address is 134 Queens Road, Fort Pierce, Florida 34949-8348, hereinafter referred to as the "Association", and ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida, whose address is 2300 Virginia A venue, FortPierce, Florida 34982, hereinafter referred to as the "District". WITNESSETH WHEREAS, the Association is the owner of the roads in the Queens Cove Subdivision, located in St. Lucie County, Florida, hereinafter referred to as the "Roads"; and, WHEREAS, the District desires to drive over the Roads for the purpose of accessing 'the mosquito control impoundments located adjacent to the Queens Cove Subdivision, more commonly known as Jack Island, Kings Island, and Queens Island, as well as conducting mosquito and sandfly control within the Queens Cove Subdivision; and, WHEREAS, the Association is willing to permit the District to drive over the Roads for the purpose of accessing the above referenced mosquito control impoundments and conducting mosquito and sandfly control work within the Queens Cove Subdivision. NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the parties hereby agree as follows: 1. The Association hereby grants the District a limited revocable license to drive vehicles over the Subdivision Roads to access the Jack Island, Kings Island, and Queens Island mosquito control impoundments and to conduct mosquito and sandfly control within the Queens Cove Subdivision. The Association agrees to provide the District with access codes to the security gate across Regal Road. Except in the event of an emergency, the District agrees to provide the Association with at least seventy-two (72) hours prior written notice when a vehicle weighing in excess of two tons will be driven over the Roods. The District agrees that track or other vehicles on lowboy trailers will not be driven over the Roads. 2. This Agreement is limited to the District and shall not be transferable to any public or private organization or individual. The District may assign this agreement to another governmental entity upon the prior written consent of the Association. 3. The term of this Agreement shall begin on the later date this Agreement is executed below and shall continue for a period of one (1) year and shall be automatically renewed for additional one (1) year periods unless terminated as provided herein. Either party shall have the 1 '-' ..., unfettered right to terminate this Agreement upon ninety (90) days prior written notice to the other party. 4. To the extent permitted by Section 768.28, Florida Statutes, the District shall indemnify and hold the Association harmless from and against all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, action and costs of action, iæluding reasonable attorneys fees, of any kind or nature arising or in any way connected with the use, occupation, management or control of the Road by the Districtor its employees or subcontractors, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during the District's use of the Roads. 5. Nothing contained in this Agreement shall constitute of a waiver by the District or an affirmation by the Association of any rights S1. Lucie County, Florida may possess as the majority owner of that property identified as "Kings Island" pursuant to the Partial Summary Final Judgment recorded in Official Record Book 521, Page 2078 of the public records of S1. Lucie County, Florida. 6. The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 7. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by all 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. 8. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for S1. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. [Remainder of page intentionally left blank.] 2 .~. '-' ...., IN WITNESS WHEREOF, the parties have executed this Agreementon the dates below written. WITNESSES: QUEENS COVE PROPERTY OWNERS ASSOCIATION BY NAME: DATE: ATTEST: ST. LUCIE COUNTY MOSQUITO CONTRÐL DISTRICT BY: DEPUTY CLERK CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY g: \atty\agreement\contract\mcd.qcpoa. wpd 3 "")3. 'r'ST. LUCIE COUNTY"" EROSION DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA April 25, 2000 1. MINUTES Approve the minutes of the meeting held March 14, 2000 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 25 through No. 30 2. PUBLIC WORKS Engineering / Application Submittal/Resolution No. 00-02 - Consider staff recommendation to approve submittal of the Florida Beach Erosion Control Program funding application to the Florida Department of Environmental Protection (FDEP), and authorize the Chairman to sign the resolution. 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. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. W' ..."" EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 14,2000 Tape: 1 Convened: 9:46 a.m. Adjourned: 9:47 a.m. Commissioners Present: Chairman, Doug Coward, Cliff Barnes, John D. Bruhn, Paula A. Lewis, Frannie Hutchinson Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Paul Phillips, Airport Director, Ray Wazny, Public Works Director, Mike Durette, Central Services Manager, Charlie Bicht, Purchasing Manager, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-1244) It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the minutes ofthe meeting held February 1, 2000; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None. 3. COUNTY ATTORNEY Resolution No. 00-01- Erosion Control Bonds- Sinking Fund Monies- Consider staff recommendation to adopt Resolution No. 00-01. It was moved by Com. Bruhn, seconded by Com. Lewis, to aþprove Resolution No. 00-01 ;and, upon roll call, motion carried unanimously. . 4. CONSENT AGENDA It was moved by Com. Bruhn, seconded by Com. Hutchinson to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. Warrant List- The Board approved Warrant List Nos. 19 through 24. There being no further business to be brought before the Board, the meeting was adjourned at 9:47 a.m. Chairman Clerk of Circuit Court 03/17/00 FZABVARR ~ LUcíÊ toOOY - noARb ..., \TARRANT tiST 125- 11-MAtt-2000 TO l1-HAR-2000 FUNb st1MMAltÿ- EROSIoN ' WIWSËS FUND 'tftÍ..É 184 Erošion Cohtrol Operäting Furtd GRAND '1'O'l'At! 604.62 604.62 ÞAcm 1 ÞAtltOLL 2,bS4.4d ~fo~4.4ö 03/24/00 FZABttARR S'l\..t.tfcíg côtMtŸ ~ ftðAtrn ....., ttARtUNt liSf 126- la-MM-":!ööd fö 24..;.MAtt-,-žÖÖÖ ÞtJNb StJHMAft.t..; tmðšlóN ftmN§l~ FUND TIm 184 ~ròsiOh Control Opêráting PUftd GttAND TotAL! 11.ML~4 11 fö61.~4 PAtm 1 PAftöLL (),OO 0.00 03/31/00 ~ LUêí~ tdtJNTï ~ MAfttl -....I FZABVAlUt VARMNT LtST 11.1- ~S-MM-"~ööö fö jl-MM-~OÖÖ PUND šUkMMtf-" mtöSíöN FuND 1'íT~ mÞ.N~I§ 184 ~tdsiòft êðhtto1 Öpêtäting Fund ž.l~~.j~ GRANb TotAL: 2,1~~.j9 PA~ 1 ÞAftðLL ~,ð~4.4ö 2,M4.4ö :c.-,~,-¥-~~~...," -.ø-::;,..,..~",...,.. ,._,......t IIIfFJ,.~.r..".~""""..~;:OO'"·,, -. ¡·:FUNb ~ 184 202 :,m~ ŠT~ttétg töOOf ~ ftðÅ1Uj ....1 VAMAm Ltgr 12a~ ôi-ÅÞl..:ŽÖÒO Ifö ô1-AMt.;.~ÖÖô ptJN1j ~tJRt.fMlf.;. ttttò~íôN wmtšla PAðft 1 ·04/1(}/OÓ FzAJ3VARtt GtWm tdtAt: i ,žó4,4ê 3,S~O.jd 4,1'2.4.16 1'AftðtL 6,00 ö,öô ö.oo ",'''';.- , í~ð;iÓh COntfó! oþétâH~ tltihd Irð§!òn Bond 1&8 Fund , '. ',-. 184 ìtoslön ê6rtttol Opètâting ~Uhd ~ ttfdf1t êó1MH ~ MAM ...., vAItiWtr tiST 129- ðä-"ÄMt~~ðóû ïfð 14-m-,,~öôõ FUNb štJMt.fA1tf.! mtðafðN mmåft~ ì.Mj.a~ 2,913.96 ~Alm i 04/14/00 FzAß\1ARi' . FUNß ·.t~Ri.·i ;'<h.· GRAND TotAL! 'AfítðtL 2.ÔS4.4ö 2,M4.4Ö ~LUCíE êöUNff ~ MAM ." ttAiUWh' LisT 13Ö-·13~~-Žôöo TO 21-APft-ždðð WNtl §tJMMAAf.:: mtôStöN m!m~S l1ò.M 04/21/00 FZABVAtm FfJNfj ifft~ ., la4 iföšion Cóntrol Opétàtiüg Fufid GRAND tóTAt: 11d.96 ~A~ 1 'AfttðLL ð.ðð 0.00 ., , , -~ -,- AGENDA REQUEST ...., ITEM NO. C-2 DATE: April 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 ::-t SUBJECT: Approval to submit an application request and supporting Resolution No. 00-02 to the Florida Department of Environmental Protection (FDEP) for funding under the Florida Beach Erosion Control Program (FBECP). BACKGROUND: The FBECP is a Long-Range Budget Plan administered through FDEP. This program presently provides approximately $30 million annually to assist eligible local governments with their beach erosion control projects. Each application request must include a detailed project description, cost estimate, and supporting resolution from the governing body. Individual projects are then put through a priority ranking process based upon several criteria. In order to have an opportunity to receive funding for FY-2001/02 our request must be submitted to the State (FDEP) by May 1, 2000. This particular funding application request is in anticipation of the 2.3-mile beach restoration project, tentatively scheduled for construction during the winter 2001/02. The draft General Re-evaluation Report (GRR) from the U.S. Army Corps of Engineers identifies cost sharing for this project at Federal=?? .5% and Non-Federal=22.5%. Based upon preliminary cost estimates from the GRR, the Non-Federal share of the costs will be approximately $2 million. Since the FBECP typically allows 50%cost sharing with the local sponsor, this request is for $1 million. Staff recommends the Board approve the Florida Beach Erosion Control Program funding application request to FDEP and authorize the Chairman to sign Resolution No. 00-02. FUNDS: Nearly $1.5 million in state funds have been earmarked inthe FDEP Grant (98SL 1) for the 2.3-mile beach project. Recently, approximately $1 million of those funds have been identified for use along the north and south causeway island shoreline restoration-with a County match of in-kind services and previous expenditures. This request is a reallocation of $1 million back into the Grant (98SL 1) for the 2.3-mile beach project. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Erosion District Board approve the Florida Beach Erosion Control Program funding application request to FDEP and authorize the Chairman to sign Resolution No. 00-02. Ie] APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: ,. . / [x]County Attorney V > A [x]Originating Dept. Public Works ~'£l./ coordination/::;2.es [x]Mgt. & Budget_ [x]Co. Eng l2A-b / I [x]BudgeURevenue Coore!. ß Ern [x]Finance Dept. f¡f\, (/~ ~ ... ~ '-'RESOLUTION NO. 00-02...,,1 A RESOLUTION OF THE ST. LUCIE COUNTY EROSION DISTRICT AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR FISCAL YEAR 2001/02 FUNDS UNDER THE FLORIDA BEACH EROSION CONTROL PROGRAM; SETTING FORTH FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Erosion District Board of St. Lucie County, Florida ("District"), and the Florida Department of Environmental Protection (DEP) have adopted the Fort Pierce Inlet Management Plan and desires to implement the recommendations contained therein; and, WHEREAS, the District has established a Long-Range Budget Plan for the Florida Beach Erosion Control Program and desires to implement specific projects contained therein; and, WHEREAS, under the provisions of Section 161.101, Florida Statutes, DEP accepts and processes applications for the Florida Beach Erosion Control Program; and, WHEREAS, under the Program guidelines ofthe Florida Beach Erosion Control Program, the District is required to submit a supporting resolution with their application request. NOW, THEREFORE, BE IT RESOLVED by the Erosion District Board of St. Lucie County, Florida as follows: 1. DEP is requested to approve and support the maximum State funding allowed for this application request for Fiscal Year 2001/02 and the District will provide the local share in accordance with the State Legislature's appropriation. 2. This Resolution shall take effect immediately upon its adoption. AFTER MOTION AND SECONDED, the vote on this Resolution was as follows: Chairman Doug Coward Vice-Chairperson Paula A. Lewis Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this day of ,2000. ATTEST: EROSION DISTRICT BOARD ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY h:\wp\memos\agend164.dep '^ ~ ~ Fort Pierce Beach Restoration Project - Phase II (2.3-Miles) Project Description: The project is an extension of a federally authorized project and consists of the restoration and maintenance of 2.3 miles of Atlantic shoreline in (Fort Pierce) St. Lucie County. Initial restoration ofthe project area was begun in 1971 with the construction (718,000 cy) of a 1.3-mile segment immediately south ofthe Fort Pierce Inlet. Prior to the expiration of the federal project life (1985), a second restoration (346,000 cy) was completed in 1983. Soon after Congress reauthorized (WRDA, 1996) the project life to the year 2020, a third shoreline restoration (975,000 cy) was completed in May, 1999. Congress finally authorized (WRDA, 1996 and 1999) the extension of the federal project one (1) additional mile, for a total project length of 2.3 miles. Location: St. Lucie County (Fort Pierce), R34 - R46 Project Evaluation: Severity of Erosion: The State of Florida's comprehensive long-term management plan, for restoration of the State's critically eroding beaches, has identified this 2.3-mile segment of shoreline as critically eroding. Restoration of this segment of shoreline is a recommendation within the implementation phase of the approved and adopted Fort Pierce Inlet Management Plan. Benefits: This project provides several benefits including recreation, storm damage protection, economic (tourist) and environmental. Public access consists of four primary parks (paved parking & bathroom facilities), four secondary parks (paved parking), and several street ends. The remaining beachfront is a mixture of residential (single-family, condominiums), commercial (hotels and restaurants) and undeveloped property. Threatened and endangered marine turtles utilize the entire area for nesting purposes. Proiect Performance: The draft (September, 1998) General Re-Evaluation Report (feasibility document) identifies a nourishment cycle of six years and a NED optimal berm width of 50 feet for storm protection. This project is immediately downdrift of the Fort Pierce Inlet and is a recommended element ofthe approved and adopted inlet management plan. Placement of beach quality material along this shoreline will provide for mitigation of the adverse impacts due to the inlet and serve as a feeder beach to the downdrift beaches. Federal Funding: The project is federally authorized to the year 2020, with a federal cost share at 77.5%. The draft General Re-Evaluation Report (GRR) is presently under review and will require substantial revision to the Environmental section due to a more detailed study (bryozoans) of the offshore borrow area (Capron Shoal) and surrounding area. An appropriations request (FY-2000/01) has been submitted to Congress which requesting funds for the development of plans and specifications by the U.S. Army Corps of Engineers. Construction funds will be requested for FY-2001/02. Page 1 of 2 / ,/ '-' "frtt1I Use of Innovative Technologv: The initial project (1.3-mile) was recently constructed using conventional beach fill activities, and it is anticipated that the extended project (2.3-miles) will also utilize similar technology during construction. The results of beach & inlet monitoring along with shoreline and inlet modeling, intended to enhance project performance, may yield potential innovative applications of conventional technologies. Local Commitment: St. Lucie County Erosion District has a coastal engineer on staff who will serve as project manager. The Erosion District has also retained the services of a professional coastal engineering firm to assist in the design, permitting, and other project related activities. Local funding for the project will most likely be obtained from a combination of special property assessments and ad valorem taxes. State Commitment: FDEP previously funded the initial restoration efforts of the 1.3-mile segment in 1971, 1983 and 1999. The extended project (2.3-miles) is recommended in the approved and adopted inlet management plan for Fort Pierce Inlet and the Strategic Beach Management Plan, and is located in an area that has been designated as a critical erosion area by· FDEP. Use of Program Funds: Funds requested for FY-2001/02 will be used to support construction and monitoring. The Erosion District is responsible for all permitting activities related to the upcoming nourishment. The USACOE will conduct the design elements including the preparation of plans and specifications. St. Lucie County Erosion District will seek credit towards the non-federal costs of the upcoming nourishment for state and local expenditures associated with permitting and other related activities. FY-2001/02 Proiect Task Construction Monitoring Total $9,000,000 $100,000 Estimated Project Costs Federal $6,975,000 $0 State Local $1,012,500 $1,012,500 $50,000 $50,000 Page 2 of 2 'w' ST. LUCIE COUNTY' ENVIRONMENTAL CONTROL BOARD BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA April 25, 2000 REGULAR AGENDA 1. MINUTES Approve the minutes of the meeting held January 11, 2000 2. GENERAL PUBLIC COMMENT 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. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight( 48) hours prior to the meeting. '-' ...., ENVIRONMENTAL CONTROL BOARD ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 11, 2000 Tape: 1 Convened: 9:53 a.m. Adjourned: 9:54 a.m. Commissioners Present: Chairman Paula A. Lewis, Frannie Hutchinson, Doug Coward, Cliff Barnes, John D,. Bruhn Others Present: Doug Anderson, County Administrator; Robert Bradshaw, Asst. County Administrator, Ray Wazny, Public Works Director; Julia Shewchuk, Community Development Director; Paul Phillips, Airport Director; Bill Blazak, Utilities Director; Harvey Lincoln, M & B Manager, Deputy Nickel, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-1553) It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the minutes of the meeting held November 16, 1999; and, upon roll call, motion carried unanimously. 2. PUBLIC COMMENTS None There being no further business to be brought before the Environmental Control Board, the meeting was adjourned at 9:54 a.m. ,'ii' Chairman Clerk of Circuit Court '-' .""" Board of County Commissioners Meeting April 25, 2000 UNAGENDAED ITEMS V.l Resolution No. 00-88 - Consider staff recommendation to approve the resolution opposing any legislation that would limit the use of standard appraisal methods for electric utility companies thereby reducing the assessment of Florida Power & ~ight to net book value in St. Lucie County, Florida; and opposing the passage of PCB FT 00-01 with added language in section 6 which is not in the senate companion SB 1070/ Commission Action: [ X ] Approved [ ] Denied [ ] Other Douglas M. Anderson County Administrator ; . :::~)=1 :~'K:.:"" .i.....::~~ .~ ~;~ ~ . '-' ""'" RESOLUTION NO. 00-88 A RESOLUTION OPPOSING ANY LEGISLATION THAT \VOULD LIMIT THE USE OF STANDARD APPRAISAL METHODS FOR ELECTRIC UTILITY COMPANIES THEREBY REDUCING THE ASSESSMENT OF FLORIDA POWER & LIGHT TO NET BOOK VALUE IN ST. LUCIE COUNTY, FLORIDA; AND OPPOSING THE PASSAGE OF PCB FT 00-01 WITH THE ADDED LANGUAGE IN SECTION 6 WHICH IS NOT IN THE SENATE COMPANION SB 1070 WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations: I. Shortly before the House Finance & Taxation Committee meeting last Tuesday, April 18, 2000, a section was added to PCB FT 00-01 providing a special procedure for assessment of investor owned utilities. 2. This language is not in the Senate Companion, SB 1070, and was not in the Department of Revenue's package as originally submitted, or as subsequently modified, and made a part of SB 1070. 3. The section added to PCB FT 00-01 was section 6, which was added at the request of Florida Power & Light Company representatives to specifically deal with Florida Power & Light Company's tangible personal property, although it also will affect other privately-owned public utility companies in Florida. 4. The language inserted in PCB FT 00-01 directly focuses on the issues raised in the various lawsuits pending in Florida Courts in nine counties being Brevard, Dade, Duval, Indian River, Putnam, Okeechobee, Osceola, V olusia and S1. Lucie, and would drastically alter the assessed values if employed. '-' ...., 5. The effect of this proposed language would effectively remove large segments oftangible personal property from tax rolls, and in those instances where the property had been depreciated pursuant to accelerated depreciation to a zero net book value, such properties would be totally removed from the tax rolls. 6. Similarly, adding decommission costs to depreciation results in an immediate reduction for taxable value. 7. In S1. Lucie County, which has both a nuclear power plant and is a county in the corridor for transmission lines coming from the State of Georgia, the reduction in taxes would be approximately eleven million dollars. 8. The passage of PCB FT 00-01 with the added language in Section 6, would be a disservice to the taxpayer who will suffer with either a decrease in services or an increase in taxes to compensate for the loss. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioner of S1. Lucie County, Florida: 1. This Board opposes any legislation that would limit the use of standard appraisal methods for electric utility companies thereby reducing the assessment of Florida Power & Light to net book value in S1. Lucie County, Florida. 2. This Board opposes the passage of PCB FT 00-01 with the added language in Section 6, which would be a disservice to the taxpayer who will suffer with either a decrease in services or an increase in taxes to compensate for the loss. 3. The County Administrator is hereby directed to forward a copy of this resolution to the Honorable Ken Pruitt, Chairman of the House Government Appropriation Committee and to the members of the S1. Lucie County Legislative Delegation; to Senator Jim Home, Senator Jack ~ W' ....., Latvala, and all members of the House Finance & Tax Committee by Express Mail. After motion and second the vote on this resolution was as follows: Chainnan John D. Bruhn XX Vice Chainnan Frannie Hutchinson XX Commissioner Paula A. Lewis XX Commissioner Cliff Barnes XX Commissioner Doug Coward PASSED AND DULY ADOPTED this 25th day of April, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY '-' ""'" ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA April 25, 2000 1. MINUTES Approve the minutes of the meeting held April 11, 2000. hprðJ~ 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 28 through No. 30 2. COUNTY ATTORNEY Access Agreement - Consider staff recommendation to approve the proposed access agreement with Queens Cove Property Owners Association, Inc., and authorize the Chairman to sign the agreement upon receipt of the signed originals from the Association. 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. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' w ST. LUCIE COUNTY EROSION DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA April 25, 2000 1. MINUTES Approve the minutes of the meeting held March 14,2000 Ofprd,AeJ 2. GENERAL PUBLIC COMMENT CONSENT AGENDA WARRANTS LISTS [~ (Lð OJQ ~ \ 0 L Approve Warrants List No.2 5 through No. 30 2. PUBLIC WORKS Engineering / Application Submittal/Resolution No. 00-02 - Consider staff recommendation to approve submittaJ of the Florida Beach Erosion Control Program funding application to the Florida Department of Environmental Protection (FDEP), and authorize the Chairman to sign the resolution. 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-e;xamine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting.