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HomeMy WebLinkAboutAgenda Packet 04-11-00N"d APRIL 11. 2000 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 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 items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rp for to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish 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. En BOARD OF COUNTY COMMISSIONERS www.stlucieco.gov AGENDA April 11, 2000 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 Approve the minutes of the meeting held April 4, 2000. 2. GENERAL PUBLIC COMMENT 3. CONSENT AGENDA 4. LEISURE SERVICES Agreement Renewal - Consider staff recommendation to approve the renewal agreement with Woody Newson, Lawnwood Tennis Professional, and authorize the Chairman to sign the agreement. ADMINISTRATION A. Property and Homeowners Association Request - Commissioner Coward has requested that the Property and Homeowners Association request be forwarded for Board consideration. Since this request involves an independent Authority created pursuant to state law, staff is asking direction on whether to forward this request on to the St. Lucie County Expressway and Bridge Authority. 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 hearin will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testiking during a hearing upon request. Anyone. with a disability re uiring accommodation to attend this meeting should contact the St. Lucie County.Community Services Manager at (56111 462=1777 or TDD (561) 462-1428 at least fog hours prior to the meeting. fir+' *.00 s CONSENT AGENDA April 11, 2000 WARRANTS LIST Approve warrants list No. 28 2. COUNTY ATTORNEY Agreement Amendment - Consider staff recommendation to approve the Second Amendment to the April 21, 1998 Agreement between St. Lucie County and Dawn G. Kirk, P.A. and Stuart A. Webb, Esquire, for Legal Representation of Indigents for Dependency Cases and authorize the Chairman to sign the agreement upon obtaining all necessary signatures. 3. ADMINISTRATION A. Resolution No. 0/ann er staff recommendation to approve the a resolution prohibending of any County equipment and/or supplies, etc. to anl, group, private business, club, organization, lgaw -7 or anyone else otCounty departments for County sponsored events, to County ommittees, and other Governmental entitiesand their agencietimes of emergencies at which time written" authorization must be obtained by the St. Lucie County Administrator or hf��_j designee. B. Permission to Advertise for Bids / Tent Supplier Lease - Consider staf recommendation to approve the request for permission to advertise for bids to lease property at the new St. Lucie County Fairgrounds from ten suppliers willing and able to provide tents to the St. Lucie County Fair Association and the County in exchange for a partial rent credit. 4. LEISURE SERVICES Budget Amendment No. 00-128 / Multi Purpose Show and Exhibition Arena Funding Approval - Consider staff recommendation to approve funding for the Multi -Purpose Show and Exhibition Arena and authorize the Chairman to sign the budget amendment. 5. PUBLIC SAFETY Budget Resolution No. 00-80 / State and Local Assistance Agreement Grant (SLA) - Consider staff recommendation to approve the agreement with the State of Florida for FY 99-00, to approve the budget resolution to appropriate and expend funds, and to authorize the Chairman to sign the agreement. 6. PUBLIC WORKS A. Work Authorization No.15 - Consider staff recommendation to approve the work authorization with Lindahl, Browning, Ferrari & Hellstrom, Inc. for Engineering Services related to Roadway and Intersection Design for the Port Entrance Road Feasibility Study in the amount of $103, 515, and authorize the Chairman to sign the Work Authorization. on E5 CONSENT AGENDA APRIL 11, 2000 PAGE TWO 6. PUBLIC WORKS (CONTINUED) B. Work Authorization No. 5 - Consider staff recommendation to approve the engineering design contract (Work Authorization No. 5) to the Agreement for Continuing Engineering Services with Culpepper & Terpening, for potable water improvements to the River Branch Estates Subdivision in the amount of $10,000, and authorize the Chairman to execute the contract. 7. PURCHASING A. Bid No. 00-017 - Consider staff recommendation to reject all bids for the removal and replacement of the fencing at the UDT/Seal Museum and request permission to re -advertise for bids. B. Agreement Extension - Consider staff recommendation to approve the Extension Agreement with Spirit Services Company and authorize the Chairman to sign the agreement. C. RFP No. 00-019 / Solid Waste Engineering Services - Consider staff recommendation to approve the ranking and permit staff to negotiate with the top ranked firm, and authorize the Chairman to sign the contract as prepared by the County Attorney. All work authorizations under this contract will be brought to the Board for approval. 8. COMMUNITY DEVELOPMENT Tourism - Consider Tourist Development and staff recommendation to approve payment of the March invoices to R. J. Gibson in the amount of $5,979.78. 9. INFORMATION TECHNOLOGY Agreement Amendment - Consider staff recommendation to approve the Third Amendment to the Consultant Agreement with Roger Miller, and authorize the Chairman to sign the amendment. \K- CENTRAL SERVICES t �a-�n Energy Audit Agreement / AMSI Holdings, Inc. - Consider staff recommendation NL to approve the agreement with AMSI Holdings, Inc. for the performance audit, and authorize the Chairman to sign the agreement. � Of 0 M BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA April 11, 2000 REGULAR AGENDA CENTRAL SERVICES A.1 Agreement - AMSI Holdings, Inc. - Consider staff recommendation to approve the Energy Audit Agreement with AMSI Holdings, Inc. for the performance audit and authorize the Chairman to sign the agreement. "r so -lot APRIL 11, 2 000 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 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 items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rp for to the listed time. The Chairman will open each public hearing and asks anyone NNzshing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORLTNI- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. 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. 1► BOARD OF COUNTY COMMISSIONERS www.stlucieco.gov AGENDA April 11, 2000 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES 0 John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 Approve the minutes of the meeting held April 4, 2000. 2. GENERAL PUBLIC COMMENT 3. CONSENT AGENDA nc� 4. LEISURE SERVICES Agreement Renewal - Consider staff recommendation to approve the renewal agreement with Woody Newson, Lawnwood Tennis Professional, and authorize the Chairman to sign the agreement. f-wej A. Property and Homeowners Association Request - Commissioner Coward has requested that the Property and Homeowners Association request be forwarded for Board consideration. Since this request involves an independent Authority created pursuant to state law, staff is asking direction on whether to forward this request on to the St. Lucie County Expressway and Bridge Authority. r neQ( 1 �16Y1. yU oa �1�11,� Sec �o LC 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 hearingg will be sworn in. Any party to the proceedings will be granted the 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. M In REGULAR AGENDA APRIL 11, 2000 PAGE TWO ADMINISTRATION (CONTINUED) B. Treasure Coast Health Council, Inc. - Consider staff recommendation to fill the vacancy on the Treasure Coast Health Council for the Health Care Provider appointment. D, �L� as Ltwn C. Port of Fort Pierce - Consider staff recommendation to authorize staff to work in conjunction with the City of Fort Pierce and Mr. Lloyd Bell, the new owner of the port property, to prepare a working plan for the development of the Port of Fort Pierce to include exploring the proposal from the Trust for Public Lands. Opovy'-d, �—O 6. PUBLIC WORKS Resolution No. 00-082 / Raintree Forest M.S.B.U. - Consider staff recommendation to adopt Resolution No. 00-082 approving the Final Assessment Roll for the Raintree Forest Municipal Services Benefit Unit. CONSENT AGENDA April 11, 2000 1. WARRANTS LIST Approve warrants list No. 28 2. COUNTY ATTORNEY Agreement Amendment - Consider staff recommendation to approve the Second Amendment to the April 21, 1998 Agreement between St. Lucie County and Dawn G. Kirk, P.A. and Stuart A. Webb, Esquire, for Legal Representation of Indigents for Dependency Cases and authorize the Chairman to sign he agreement upon obtaining all necessary signatures. i l 07v. } � , , J7 3. ADMINISTRATION A. Resolution No. 00-83 - Consider staff recommendation to approve the resolution prohibiting the lending of any County equipment and/or supplies, etc. to any individual, group, private business, club, organization, or anyone else other than to County departments for County sponsored events, to County appointed committees, and other Governmental entities and their agenciessi except in times of emergencies at which time written authorization must�be obtained by the St. Lucie County Administra oV0430 designee. ������------ WAI q e aQpi O�"Q of fQ Om � AWU4kA-b(IO �J B. Permission to Advertise for Bids / Tent SupplierkprA Leas0+4re - Consider staff recommendation to approve the request for permission to advertise forbids to lease property at the new St. Lucie County Fairgrounds from tent suppliers willing and able to provide tents to the St. Lucie County Fair Association and the County in exchange for a partial rent credit. 4. LEISURE SERVICES Budget Amendment No. 00-128 / Multi Purpose Show and Exhibition Arena Funding Approval - Consider staff recommendation to approve funding for the Multi -Purpose Show and Exhibition Arena and authorize the Chairman to sign the budget amendment. 5. PUBLIC SAFETY Budget Resolution No. 00-80 / State and Local Assistance Agreement Grant (SLA) - Consider staff recommendation to approve the agreement with the State of Florida for FY 99-00, to approve the budget resolution to appropriate and expend funds, and to authorize the Chairman to sign the agreement. 6. PUBLIC WORKS A. Work Authorization No.15 - Consider staff recommendation to approve the work authorization with Lindahl, Browning, Ferrari & Hellstrom, Inc. for Engineering Services related to Roadway and Intersection Design for the Port Entrance Road Feasibility Study in the amount of $103,515, and authorize the Chairman to sign the Work Authorization. CONSENT AGENDA APRIL 11, 2000 PAGE TWO [:] 7 a PUBLIC WORKS (CONTINUED) B. Work Authorization No. 5 - Consider staff recommendation to approve the engineering design contract (Work Authorization No. 5) to the Agreement for Continuing Engineering Services with Culpepper & Terpening, for potable water improvements to the River Branch Estates Subdivision in the amount of $10,000, and authorize the Chairman to execute the contract. PURCHASING A. Bid No. 00-017 - Consider staff recommendation to reject all bids for the removal and replacement of the fencing at the UDT/Seal Museum and request permission to re -advertise for bids. B. Agreement Extension - Consider staff recommendation to approve the Extension Agreement with Spirit Services Company and authorize the Chairman to sign the agreement. C. RFP No. 00-019 / Solid Waste Engineering Services - Consider staff recommendation to approve the ranking and permit staff to negotiate with the top ranked firm, and authorize the Chairman to sign the contract as prepared by the County Attorney. All work authorizations under this contract will be brought to the Board for approval. COMMUNITY DEVELOPMENT Tourism - Consider Tourist Development and staff recommendation to approve payment of the March invoices to R. J. Gibson in the amount of $5,979.78. INFORMATION TECHNOLOGY Agreement Amendment - Consider staff recommendation to approve the Third Amendment to the Consultant Agreement with Roger Miller, and authorize the Chairman to sign the amendment. CENTRAL SERVICES Energy Audit Agreement / AMSI Holdings, Inc. - Consider staff recommendation to approve the agreement with AMSI Holdings, Inc. for the performance audit, and authorize the Chairman to sign the agreement. M En BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA April 11. 2000 REGULAR AGENDA CENTRAL SERVICES A.1 Agreement - AMSI Holdings, Inc. - Consider staff recommendation to approve the Energy Audit Agreement with AMSI Holdings, Inc. for the performance audit and authorize the Chairman to sign the agreement. Py 0 (j\kd PO 6 --0 M M BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 4, 2000 Convened: 7:00 p.m. Tape: 1-2 Adjourned: 8:40 p.m. Commissioners Present: Chairman, John D. Bruhn, Frannie Hutchinson, Paula A. Lewis, Cliff Barnes, Doug Coward 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, Mike Leeds, Leisure Services Director, Beth Ryder, Community Services Director, Bill Blazak, Utilities Director, Hank DuFour, Human Resources Director, Dennis Wetzel, Information Technologies Director, Paul Hiott, Veterans Services Director, Marie Gouin, Interim M & B Manager, Don West, County Engineer, Don Cole, Acquisitions Manager, David Kelly, Planning Manager, Charlie Bicht, Purchasing Manager, Leo Cordeiro, Solid Waste Manager, Joe Finnegan, Personnel Risk Manager, Susan Kilmer, Librarian, Gary Perdew, Senior Budget Analyst, Deputy Barnes, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-022) It was moved by Com. Coward, seconded by Com. Barnes, to approve the minutes of the meeting held March 28, 2000; and, upon roll call motion carried unanimously. 2. PROCLAMATION/PRESENTATION (1-034) A. Resolution No. 00-72- Commending the St. Lucie County 4-H Clubs for the excellent job they did towards the success of the St. Lucie County Fair and congratulating and thanking them for their contribution and dedication for a job well done. It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 00-72; and, upon roll call, motion carried unanimously. Ms. Susan Munyan, representing the 4-H Clubs, was present to accept the Resolution. B. Presentation/Resolution No. 00-79- Community Development gave a presentation on Aquaculture efforts within the Economic Development Division- Consider staff recommendation to support the resolution and direct staff to work with community members in having our congressional Delegation add an Aquaculture component to the federal USDA-ARS Lab. It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve Resolution No. 00-79 and staff recommendation; and, upon roll call, motion carried unanimously. C. Presentation- Florida Recycling Services, Inc. made a presentation on customer collections regarding the Solid Waste and Recycling Contract. -1- Mr. Sid Valine, Fla. Recycling Services, addressed the Board regarding their collections procedures and stated they wanted to keep the Board informed as to the amount of customers who are not paying their bills. 3. GENERAL PUBLIC COMMENTS(1-2213) Mr. Robert Anderson, area resident, addressed the Board regarding the award of $200,000 for the new arena. He stated he did not have a problem with the arena, but does have a problem when this amount of money is being expended when it could be spent on the purchase of another disposal site. He asked if any one has been in contact with the City of Ft. Pierce and if any additional information has been received. The County Administrator advised the Board that he had received a letter from the City of Ft. Pierce, where they had been asked if they permitted upland disposal sites within the city limits. He stated the letter did not contain a favorable reply. Secondly, he had a conversation with Black and Veach last evening, and they anticipate having the report available in about 3 weeks. Com. Coward asked if the distinction was going to be made between the � site and the temporary one to the city of Ft. Pierce. The County Administrator stated he would follow up in making that distinction to the city. Mr. Bill Hearn, Indrio Road resident and member of the Planning and Zoning Board, addressed the Board regarding the Planning and Zoning Board's support of staff and recommend to the Board that they adopt Dr. Nicholas' impact fee recommendation. Since then, they were mailed a packet from staff with another set of figures that the P & Z Board has not reviewed and has not acted upon. He expressed his concerns with the fact that the public will came and expressed their concerns regarding Dr. Nicholas' report and will be able to come before the Board on Wednesday to express their concerns with the new figures, but, have not expressed their concerns to the P & Z Board re the new figures. Mr. Hearn asked that in the future, if P & Z is going to be asked to give their recommendation to the Commission on a document, that if there is follow ap fees. that the P & Z should see the revised figures also. Com. Bruhn requested a copy of the minutes from the P & Z meeting. Com. Coward and Com. Hutchinson concurred with Mr. Hearn's comments. The County Administrator advised the Board that he believed the revised figures were sent to the P & Z Board. Mr. Herbert Beach, White City resident, addressed the Board regarding the an article he read where in staff was requested to bring forth a conceptual plan for the Economy's property. Mr. Beach asked that the Board also ask staff to have a conceptual plan for the Savanna's property. Mr. Beach also commented on a piece of land he had advised the Board of last year which he felt would also be suitable for the relocation of the historical house. The property is located next to the White City Park to the West. Com. Coward asked why they felt the Economy's property was not suitable. Mr. Beach stated there is a limited ingress and egress to that property as well as the fact he had heard that baseball diamonds were going to be placed on it. Also, the Economy's property does not have the beauty and view that the Savanna's or this other property has. -2- ' ftw Com. Coward stated that the Commission is trying to find the best location for the historical house and a decision has not been made and a conceptual plan was provided for the Savanna's property. The Board has requested a plan for both what he has had will be placed on the property has not been set in stone. He believes the Board does not intend to use this property as a restroom facility. He asked Mr. Beach to keep an open mind and work with the county in finding a suitable location. 4. CONSENT AGENDA Com. Hutchinson requested that item C-2A be pulled for separate vote as she will be abstaining. C-2A. Engineering/Pine Hollow Subdivision/Proposed Street Lighting District- Consider staff recommendation to approve the request for permission to advertise for a public hearing to be held on April 18,2000 at 7:00 p.m. or as soon thereafter as possible. It was moved by Com. Barnes, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, motion carried unanimously, with Com. Hutchinson abstaining. It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve the balance of the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 27. 2. PUBLIC WORKS B. Grant Application- The Board approved applying for FDOT funding for repair work on Indian River Drive and to apply for State of Florida Local Agency Certification and authorized the Chairman to sign the application. 3. MANAGEMENT/BUDGET A. River Branch Estates M.S.B.U. Budget- Budget Resolution No. 00-76- The Board approved adopting the budget resolution establishing the budget the budget for the River Branch Estates M.S.B.U. project and authorized the Office of Management and Budget to proceed with obtaining interim financing for the project from NationsBank. B. Budget Resolution No. 00-78- The Board approved the budget resolution to appropriate and expend funds from interest earned on funds advanced from FHFA SHIP Grants. 4. COUNTY ATTORNEY A. Indrio North Savannas Project/Buczkowski Parcel 80- The Board approved the Option Agreement for Parcel 80, authorized the Chairman to execute the agreement and direct staff to close the transaction and record the document in the Public Records of St. Lucie County, Florida. B. Proposed Ground Sublease- The Board approved the proposed ground sublease between Air Charter of Florida, Inc., d/b/a Jet Service Center and Lucas Airways, Inc. C. Proposed Ground Sublease- The Board approved the proposed Sublease between Air Charter of Fla. Inc., d/b/a Jet Service Center and Aircraft Service Center, Inc. D. Agreement Amendment- The Board approved the proposed first amendment to th4e March 4, 1997 interlocal agreement with the Sheriff for the Weekend Work Program and authorized the Chairman to sign the amendment. -3- 5. LEISURE SERVICES Permission to Advertise/Event Marketing and Merchandising- The Board approved the request for permission to advertise a Request for Proposals for Event Marketing and Merchandising for all County facilities excluding Thomas J. White Stadium. 6. COMMUNITY DEVELOPMENT Covenant Project Development Corporation/LAKE FOREST PARK PUD- The Board approved the request of Covenant Project Development Corporation for an exemption from Section 11.02.09 (A)(4), St. Lucie County Land Development Code which requires the preparation of a Transportation Impact Report. REGULAR AGENDA 5. COMMUNITY DEVELOPMENT (1-2271) A. Resolution No. 00-008/NEW HORIZONS OF THE TREASURE COAST Consider staff recommendation to approve the resolution changing the zoning from AR-1 to the I- Zoning District. Mr. Lowe, LOWE REALTY, addressed the Board on this item. Mr. Herbert Beach, White City resident, addressed the Board in favor of this rezoning. It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve Resolution No. 00- 008; and, upon roll call, motion carried unanimously. B. Resolution No. 00-014- PETER AND ANITA SANDEFUR Consider staff recommendation to approve the resolution granting an extension of a variance from Section 6.02.02(B)(2)(a), of the St. Lucie County Land Development Coded -St. Lucie River Shoreline Setbacks which would allow for the construction of a single family home within 50 feet of the Mean High Water Line. Ms. Mary Easley, Realtor was present to address the Board on this issue. It was moved by Com. Barnes, seconded by Com. Coward to approve Resolution No. 00-014; and, upon roll call, motion carried unanimously. C. Resolution No. 00-015- WILLIAM T. SLOAN Consider staff recommendation to approve the resolution granting a variance from Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks which allow for the construction of an addition to a single family home within 50 feet of the Mean High Water Line. It was moved by Com. Coward, seconded by Com. Lewis, to Resolution No. 00-015; and upon roll call, motion carried unanimously. -4- *A✓ ,,ern 6. COUNTY ATTORNEY (1-2878) A. Resolution No. 00-81- Public Improvement Revenue Bonds/800 MHz Radio System - Consider staff recommendation to adopt Resolution No. 00-81 as drafted. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Resolution No. 00-81; and, upon roll call, motion carried unanimously. B. Resolution No. 00-63/Senior Ministry Services, Inc., Industrial Development Revenue Bonds - Consider staff recommendation to adopt Resolution No. 00-63 as drafted. It was moved by Com. Coward, seconded by Com. Hutchinson, to approve Resolution No. 00-63 as amended reflecting the change from 160 units to 69 units; and, upon roll call, motion carried unanimously. 7. ADMINISTRATION (1-3355) Compensation and Job Classification Plan- Consider staff recommendation to approve the Compensation and Job Classification Plan dated march 31, 2000 to be effective with the pay period beginning April 2, 2000. Consider staff recommendation that permission be granted to staff to advertise for a public hearing to transfer funds from the general fund to the appropriate funds. The County Administrator advised the Board that there are funds in the budget as provided this past budget session. They have identified fund sources for next year's budget, however, the 3ra and 41h year funding sources have not been identified. Com. Coward questioned the compression issue and expressed his concerns with department heads or managers are being paid less than those working for them due to the raise proposed for the longer standing employees and feels this needs to be further addressed. Mr. DuFour, Human Resources Director, advised Com. Coward that when they worked through the Executive Pay Scale, they did their best to bring the managers above most of the employees. They made adjustments on virtually every director to deal with the issue, however, there was one incident that it was not physically possible. Com. Coward stated it makes no sense to him that a manager would be paid less than an employee who is working for him and he would like that problem corrected, otherwise he would be uncomfortable with this proposal. Mr. DuFour stated this would be corrected. The County Administrator stated that his instructions in going into this process was that each director was to be paid more than the highest paid employee in his department and he will see that it is taken care of. It was moved by Com. Lewis, seconded by Com. Coward, to approve the Compensation and Job Classification Plan as amended and also approved advertising the public hearing to transfer funds from the general fund to the appropriate fund; and, upon roll call, motion carried unanimously. The County Administrator thanked the Board on behalf of the County Employees for approving the Plan. Commissioner Hutchinson requested that the county does not continue to fall behind in the future -5- M M when it concerns salaries. The County Administrator concurred. There being no further business to be brought before the Board, the meeting was adjourned at 8:40 p.m. Chairman Clerk of Circuit Court MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 30, 2000 Convened: 9:56 a.m. Tape: 1 Adjourned: 9:58 a.m. Commissioners Present: Doug Coward (presided as Chairman), Frannie Hutchinson, Paula A. Lewis, John D. Bruhn, Cliff Barnes (absent on vacation) Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director, Jim David, Mosquito Control Director, Ray Wazny, Public Works Director, Don West, County Engineer, Charles Bicht, Purchasing Manager, Mike Durette, Central Services Manager, Deputy Nickel, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-11299) It was moved by Com. Bruhn, seconded by Com. Hutchinson to approve the minutes of the meeting held March 21, 2000; and, upon roll call, motion carried unanimously;. 2. GENERAL PUBLIC COMMENTS Mr. Robert Anderson, St. Lucie County resident, questioned if the District would be maintaining the area around the disposal site in between the dredging. The Mosquito Control Director advised Mr. Anderson that the District would indeed maintain the impoundment and the wetlands, but not the disposal site itself. 3. CONSENT AGENDA (1-11322) It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The District approved Warrant List No. 26. 2. MOSQUITO CONTROL A. Damaged Tree Removal/Exotics/Hurricane Irene- The Board approved voiding Contract No. C99-11-091 and Contract No. C99-12-142 with Native Technologies, Inc., and approved the revised contact language as prepared by the County Attorney, and authorized the Chairman to sign the agreement with Native Technologies, Inc.. B. Contract Amendment/Florida Rock Industries, Inc.- The Board approved Amendment No. 1 to Contract No. C99-03-311 with Florida Rock Industries, Inc. for Coquina Rock in the amount of $3.50 per ton, and authorized the Chairman to execute the Amendment. -1- M C. Engineering Study and As-builts of Impoundments Repairs;/Hurricane Irene- The Board approved the agreement with Hazen & Sawyer, P.C. under Continuing Contract No. C97- 05-413 in the amount of $142,130 ($104,030 for Engineering Service and $38,100 for Surveying Services, to perform the work described in the Scope of Work -Exhibit A, and authorized the Chairman to execute the Work Authorization. The Board also approved the application to the State Department of Emergency Management/FEMA for up to 3% of the total project coset, or approximately $76,715.04 for project management fees when the project is complete. There being no further business to be brought before the District, the meeting was adjourned at 9:58 a.m. Chairman Clerk of Circuit Court IPA %NM�7" ►n M AGENDA REQUEST ITEM NO. A —I DATE: April 11, 2000 REGULAR [x] PUBLIC HEARING [ ] CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:Mike Durette SUBMITTED BY(DEPT) Central Services SUBJECT: Agreement - AMSI Holdings, Inc. BACKGROUND: Staff issued an RFP to identify a qualified provided for guaranteed energy savings for facilities (see Exhibit A). This contract will provide for installation and implementation of energy conservation measures at these facilities. PREVIOUS ACTION: RFP for guaranteed energy savings FUND AVAIL.: 315-3715-531000-1609......... $64,000. Professional Services RECOMMENDATION: Staff requests that the Board approve and chairman to sign the Agreement with AMSI Holdings, Inc. for the performance audit. (Copy of agreement attached). COMMISSION ACTION: [ X] APPROVED [ ] OTHER: County Atty:() Purchasing:() [ ] DENIED Review and Approval Management & Budget: O Origin. Dept:() Other:() Eff. 6/3/96 D u Anderson C6urAy Administrator CM A2 "A" `rd BUILDINGS ESTIMATED SQUARE FOOTAGE Agriculture Administrative Complex Civic Center . Roger Poitras Bldg. South County Annex Public Health Buildings Clinical Environmental Respiratory therapy Rock Road Jail Courthouse Courthouse Annex State Attomey's office - Empire II Empire I Libraries Hurston Branch Lakewood Park Momingside Prima Vista Public Safety TOTAL 12,744 169,240 38,791 27,234 2,160 1,360 171,120 43,983 82,508 25,240 10,872 5,355 9,216 17,481 4,600 10,941 632,845 INVESTMENT GRADE ENERGY AUDIT AGREEMENT This Energy Audit Agreement is entered by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and AMSI HOLDINGS, INC. ("AMSI") this day of 2000. Whereas, the County is responsible for the operation, management and maintenance of the public facilities shown in Exhibit "A" (the "Facilities");and Whereas, in order to reduce energy and operating costs for the facilities, the County issued a Request for Proposals (the "RFP") to identify a qualified provider ("Qualified Provider") for a Guaranteed Energy Savings Contract (the "Energy Savings Contract") pursuant to Section 489.145, Florida Statutes (1999) (the "Performance Contracting Statute"); and Whereas, AMSI submitted a response to the RFP, participated in the competitive evaluation procedure and was selected by the County as a Qualified Provider; and Whereas, pursuant to the Performance Contracting Statute, AMSI has agreed to perform a comprehensive energy use and savings analysis (the "Energy Audit") at the Facilities in order to determine the feasibility of entering into an Energy Savings Contract to provide for the installation and implementation of energy conservation measures ("ECMs") at the Facilities; and Whereas, if on the results of the Energy Audit, the amount of energy savings can be reasonably ascertained and guaranteed by AMSI in an amount sufficient to cover all costs associated with an energy savings project at the Facilities, the County and AMSI intend to negotiate an Energy Savings Contract under which AMSI shall design, procure, install, implement, maintain and monitor conservation measures at the Facilities (the "Energy Savings Project"). Now Therefore, in consideration of the foregoing, the County and AMSI agree as follows: Article 1: Engineering Energy Audit and Report Page 1 of 18 AMSI will perform the Energy Audit and prepare a detailed engineering and economic report (the "Report") which specifically identifies the energy improvements and operational changes, which are recommended to be installed or implemented at the Facilities. AMSI shall provide or cause to be provided all facilities, materials, equipment and supplies necessary to perform the Energy Audit and prepare the Report. The Report shall contain detailed projections of energy and cost savings to be obtained at the Facilities as a result of the installation of the recommended ECMs. The savings calculations must utilize assumptions, projections and baselines which best represent the true value of future energy or operational savings for the Facilities. These evaluations shall include but not be limited to the following: accurate marginal cost for each unit of savings at the time the audit is performed; documented material and operational costs actually avoided; adjustments to the baseline to reflect current conditions at the Facilities compared to the historic base period; and calculations which account for the interactive effects of the recommended ECMs. The Report shall clearly describe how utility tariffs were used to calculate savings for all ECMs. The Report shall describe AMSI's plan for installing or implementing the measures in the Facilities, including all anticipated costs associated with such installation and implementation. The primary purpose of the Report is to provide an engineering and economic basis for negotiating an Energy Performance Contract between the County and AMSI, subject to the terms and conditions of this agreement. Specifically, the Energy Audit and Report shall address the following: A. Collection of General Facilities Information - AMSI shall collect general Facilities information including, but not limited to size, age, construction type, condition and general use of the Facilities. AMSI shall also collect and summarize Facilities utility cost and consumption data for the most recent 36 month period. AMSI shall evaluate the impact on utility cost and consumption for any of any energy initiatives currently being installed or currently contemplated to be installed by the County in the Facilities which will remain separate from the Energy Performance Contract throughout the duration of that agreement. Page 2 of 18 En in B. Analysis of Existing Systems and Equipment 1. AMSI shall compile an analysis based on a physical inspection of the following major electrical and mechanical systems at the Facilities: Cooling systems and related equipment Heating and heat distribution systems Automatic temperature control systems and equipment Air distribution systems and equipment Outdoor ventilation systems and equipment Kitchen and associated dining room equipment Exhaust systems and equipment Domestic hot water Hot water systems Electric motors 5 HP and above, transmission and drive systems Interior and exterior lighting Laundry equipment, if applicable Water consumption end uses, such as restroom fixtures, water fountains, irrigation, etc. Other major energy using systems 2. The analysis shall address: a. The loads, proper sizing, efficiencies or hours of operation for each system. Where facilities operating or climatic conditions necessitate, engineering estimates may be used, but for large fluctuating loads with high potential savings appropriate measurements are required unless waived by the County. b. The current operating condition for each system. AMSI shall conduct interviews with Facilities operation and maintenance staff regarding the Facilities' mechanical systems operation, occupancy patterns and problems with comfort levels or equipment reliability. C. Establish Net or Base Year Consumption and Reconcile with End Use Consumption Estimates AMSI shall examine the most recent 36 months of utility bills and establish base year consumption for electricity, fossil fuels and water by averaging; or selecting the most representative contiguous 12 months. AMSI shall consult with County staff and account for any unusual or anomalous utility bills which may skew Base Year consumption from a reasonable representation. AMSI shall analyze loading, usage and/or hours of operation for all major end uses representing more than 5% of total Facilities consumption including, but not limited to: lighting, heating, cooling, HVAC motors (fans and pumps), plug load, and kitchen equipment. If loading and/or usage are highly uncertain AMSI shall employ "spot Page 3 of 18 `V 11✓ measurement" and/or "short term monitoring" at its discretion, or at the request of the County. Reasonable applications of measurement typically include variable loads that are likely candidates for conservation measures, such as cooling equipment. D. Development of List of Potential Energy Conservation Measures The Energy Audit and Report shall, at a minimum: 1. Identify and propose potential ECMs for installation or implementation at the facilities, including water conservation measures estimate the cost, savings and life expectancy of each proposed ECM. 2. Specify Facilities operations and maintenance procedures which will be affected by the installation/implementation of the proposed ECMs. 3. Provide analysis methodology, supporting calculations and assumptions used to estimate savings. Manual calculations should disclose essential data, assumptions, formulas, etc. so that a reviewer could replicate the calculations based on the data provided. 4. Provide access to the program and all inputs and assumptions used, if requested by the County, for Savings estimates using computer simulations. 5. Provide a preliminary savings measurement and verification plan for each of proposed ECMs. 6. Provide a preliminary commissioning plan for the proposed ECMs. 7. Provide detailed calculations for any rate savings proposals. B. Provide detailed supporting calculations for any proposed maintenance or other operational savings. 9. Estimate any environmental costs or benefits of the proposed ECMs (e.g., disposal costs, avoided emissions, water conservation, etc.). 10. The proposed ECMs shall comply with all applicable state, federal and local codes and regulations in effect at the time of this analysis. Page 4 of 18 M M E. Selection of Final Recommended ECMs AMSI shall, in consultation with the County, recommend specific ECMs from its preliminary compilation for installation and implementation at the Facilities. F. Preparation of Cost and Fee Estimates AMSI shall provide detailed estimates of all costs and fees associated with the installation and implementation of the ECMs including: engineering/design costs for individual ECMs contractor/vendor estimates for individual ECM hard costs construction management fees for the project commissioning costs for individual ECMs initial training costs annual service fees including: measurement and verification maintenance performance monitoring ongoing training services other costs/fee. G. County Responsibilities The County shall furnish (or cause its energy suppliers to furnish) all available records and data concerning energy and water usage for the Facilities for the most current 36 month period, if available, including: utility records; occupancy information; descriptions of any changes in the structure of the Facilities or its heating, cooling, lighting or other systems or energy requirements; descriptions of all major energy and water consuming or energy and water saving equipment used in the Facilities; any comfort problems, code deficiencies; and description of energy management procedures presently utilized. The County shall also furnish a record of any energy related improvements or modifications that have been installed during the past three years, or are currently being installed or are currently contemplated to be installed by the County in the Facilities separate from the energy service agreement throughout the duration of that agreement. The County shall also provide copies of drawings, equipment logs and maintenance work orders to AMSI. H. Savings Estimates The County has endeavored to provide AMSI with sufficient general and specific guidance to develop the savings estimates for the Report. If questions arise as to the calculation of savings or whether certain items will be allowed as savings, AMSI shall seek written guidance from the County. The County's rejection of calculations of savings or rejection of certain items as allowable savings in the Report shall be at the sole discretion of the County. Page 5 of 18 V4411 `w The following items will be allowed as savings or in the development of savings: 1. County material/commodity 2. Budgeted Capital Costs for 3. outside maintenance labor 4. Escalation rates of 2% for S. Escalation rates of 3% for 6. Escalation rates of 5% for 7. Escalation rates of 3.5% avin s cost HVAC Projects cost (if applicable) natural gas - electricity water for material/commodity cost s g 8. Escalation rates of 3.5% for allowable labor savings I. Report Format The Report shall be in the following format: 1. An executive summary which describes the Facilities, measures evaluated, analysis methodology, results and a summary table presenting the cost and savings estimates for each measure. 2. A discussion of measures not evaluated in detail and the explanation of why a detailed analysis was not performed. 3. A summary of all utility bills, Base Year consumption and how it was established, and end use reconciliation with respect to the Base Year including a discussion of any unusual characteristics and findings. 4. Detailed descriptions for each ECM including analysis method, supporting calculations (may be submitted in appendices), results, proposed.equipment and implementation issues. 5. Conclusions, observations and caveats regarding cost and savings estimates. 6. Thorough appendices which document the data relied upon to prepare the analysis and how that data was collected. The Report shall be completed within 120 days of the date of execution of this Energy Audit Agreement. The County shall conduct and complete a technical review within 60 days of their receipt of the Report. J. Acceptance of the Report Pursuant to the Performance Contracting Statute, the County shall accept the Report if the recommended ECMs are feasible, exceed specifically, theamount too be savedininpent on the ECMs is energy and operatingnocostskely to for 10 exceed th Page 6 of 18 years from the date of installation if the recommendations in the Report were followed. If the County determines that one or more of the recommended ECMs are not feasible, the County shall give AMSI written notice of any and all objections, in detail, within 60 business days of receipt of the Report. AMSI shall, if necessary, correct the Report and submit a second draft within 10 days of said notification. The County shall have 30 business days from receipt of the revised Report to notify AMSI of any objections which have not been corrected. Upon such notification, AMSI shall have 10 days to resubmit the Report, and County shall have 30 business days to respond. This re -submission process may continue until: (1) the date all material concerns are resolved and the Report is accepted; (2) the dispute is resolved, as described below. Article 2: Energy Performance Contract If the ECMs are feasible as previously described, the County and AMSI intend to negotiate an Energy Performance Contract. Under the terms of the contract, AMSI shall design, install, and implement the agreed upon ECMs and if requested by the County, provide maintenance and monitoring services. The terms and provisions of the Energy Performance Contract shall be set forth in a separate agreement. Article 3: Payment If the County and AMSI successfully negotiate and execute an Energy Performance Contract no payment shall be due for the Energy Audit and Report. The provisions for payment of the audit fee of $.10 cents a square foot for Facilities plus a not to exceed $5,000 for expenses shall be incorporated into the Energy Performance Contract. If after completion of the Energy Audit and Report, the County does not enter into an Energy Performance Contract with AMSI within 90 days after receipt and written acceptance of the Report, the County agrees to reimburse AMSI for actual expenses incurred up to the maximum amount of $.10 per square foot audited plus a not to exceed $5,000 for expenses. The Report will become the property of the County. Article 4: Termination A. BV AMSI AMSI may terminate this Agreement prior to the completion of the Energy Audit and Report or subsequent to the completion of the Energy Audit and Report if AMSI determines that it cannot guarantee a minimum amount of energy and cost savings through the implementation of an Energy Savings Project at the Facilities or if AMSI determines that even though it can guarantee a minimum amount of energy and cost savings, the amount would be insufficient to cover the costs associated with an Energy Savings Project. Page 7 of 18 *✓ 11%W If AMSI terminates the Agreement for either or both of these reasons, the County shall not be obligated to pay any amount to AMSI for services performed or expenses incurred by AMSI in performing the Energy Audit and Report. AMSI shall provide any preliminary notes, reports or analysis which have been produced or prepared prior to the effective date of the termination and which were used as the basis of the termination. Termination under this section shall be effective upon County's receipt of written notification from AMSI stating the reason for the termination and receipt of all documents which support termination. B. By the County 1. The County may terminate this Agreement, if AMSI fails to complete the Energy Audit and deliver the Report to the County within the time frame set forth above, such termination. shall be effective upon AMSI's receipt of.written notification from the County that the deadline for submission of the Report has past and no extension has been granted. In this event, the County shall not be t to AMSI for services performed or expenses obligated to pay any amoun incurred by AMSI in performing the Energy Audit and preparing the Report. AMSI shall provide the County with any preliminary notes, reports or analysis which have been -produced or prepared prior to the effective date of the termination. 2. The County may also terminate this Agreement if, prior or subsequent to the completion of the Energy Audit, AMSI notifies the County in writing that it is unable to guarantee a sufficient level of savings as described above. Such termination shall be effective upon AMSI Is receipt of written notification from the County. In this event, the County shall not be obligated to pay any amount to AMSI for services performed or expenses incurred by AMSI in performing the Energy Audit and preparation of the Report required under this Agreement. AMSI shall provide the Facilities with any preliminary notes, reports or analysis which have been produced or prepared prior to the effective date of the termination. C. Without Cause Either party may also terminate this Agreement without cause at any time. Such termination shall be effective upon receipt of written notice from the other party. If the County exercises this option, the County shall reimburse AMSI for actual expenses incurred, up to the maximum amount of $.10 cents per square foot plus a not to exceed $5,o00 for expenses of the Facilities audited and work performed as of the effective date of the termination. AMSI agrees to provide the County with any preliminary notes, reports or analyzes which have been produced or prepared prior to the effective date of the termination. Such documentation shall be used by the County to verify the extent of work completed by AMSI prior to termination and shall become the Page 8 of 18 property of the County. If AMSI exercises this option, the County shall not be obligated to make any payments to AMSI. Article 5: Standard Terms and Conditions A. Agreement Term The Agreement term shall commence on the date the Agreement is executed by the County and unless earlier terminated as described above, this agreement shall automatically terminate on the date the County and AMSI enter into an Energy Performance Contract. Notwithstanding, AMSI shall adhere to the deadlines set forth in Article 1 regarding the completion and submittal of the list of ECMs and the Report. B. Subcontractor Disclosure As of the execution date of this Agreement, the following subcontractors are expected to perform work pursuant to this Agreement and to be paid with funds provided hereunder: Name Building Performance Engineers, Inc. - Building Computer Modeling Address 3060 Wanda Woods Drive Atlanta, GA 30340 Anticipated Amount $30,000.00 If, during the term of this Agreement, AMSI retains subcontractors to be paid with funds provided by this Agreement who were not disclosed, AMSI shall so notify the County and the Parties shall file an amendment to the Agreement with the Comptroller stating the names and addresses of and anticipated amount of payment to each subcontractor. C. Patent and Copyright Responsibility AMSI agrees that any material or design specified by AMSI or supplied by AMSI pursuant to this Agreement shall not knowingly infringe any patent or copyright, and AMSI shall be solely responsible for securing any necessary licenses required for patented or copyrighted material utilized by AMSI in the performance of the Energy Audit and preparation of the Report. Page 9 of 18 *NW rat$, D. Release and Indemnitv AMSI agrees to assume all risk of loss and to indemnify and hold the County, its officers, agents and employees harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys' and witnesses' fees, and expenses incident thereto, for injuries to persons (including death) and for loss of, damage to or destruction of property (including property of the County) because of AMSI's negligent or intentional acts or omissions. In the event that any demand or claim is made or suit is commenced against the County, the County shall give prompt written notice thereof to AMSI and AMSI shall have the right to compromise or defend the same to the extent of its own interest. AMSI further agrees to maintain as described herein insurance to protect the County against such risks. AMSI also agrees to indemnify and hold the County harmless should any goods or services provided by AMSI infringe upon the patent, copyright or trade secret of another. E. Personnel All personnel necessary for the effective performance of the Energy Audit employed by AMSI and its designated subcontractors, shall be qualified to perform the services required under this Agreement, and shall in all respects be subject to the rules and regulations of AMSI governing staff members and employees. Neither AMSI, its designated subcontractors, nor its personnel shall be considered to be agents or employees of the County F. Project Managers The Project Manager for the County is Mike Durette at (561) 462- 1431. The Project Manager for the AMSI is Tracie M. Lampton at (305) 651-0440. The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. G. Assignment Page 10 of 18 The County and AMSI each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this° Agreement;. and, neither the County nor AMSI will assign or transfer its rights and obligations in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. H. Audit AMSI agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of AMSI involving transactions related to this Agreement. AMSI agrees that payment (s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. AMSI 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. I. Public Records AMSI 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 AMSI in conjunction with this Agreement. J. Insurance AMSI shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. AMSI shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be an Additional Insured on policies of Commercial General Liability, and Commercial Auto Liability with respect to all claims arising out of the work performed under this Agreement. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of Page 11 of 18 the policies. If sub -contractors are used by AMSI, it shall be the responsibility of AMSI to ensure that all its sub -contractors comply with all the insurance requirements contained herein relating to such sub -contractors. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Workers' Compensation AMSI shall provide and maintain during the life of this Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $100,000.00 per occurrence. 2. Commercial General Liability AMSI shall provide and maintain during the life of this Agreement, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $500,000.00 per occurrence, for claims of bodily injury including death, property damage and personal injury. Contractual Liability coverage shall be included. 3. Commercial Auto Liability AMSI shall provide and maintain during the life of this Agreement, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $100,000.00 combined single limit. 4. Professional Liability AMSI shall provide and maintain during the life of this Agreement, at his, its or their own expense, Professional Liability insurance on an occurrence basis for a minimum of $1,000,000.00 S. Additional Named Insured The County, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional insureds for any and all liability arising out of AMSI's performance of this Agreement, or out of automobiles owned, leased, hired, or borrowed by AMSI. The coverage Page 12 of 18 shall contain no special limitations on scope of protection offered to the County, its Officers, Officials, Employee, Agents and Volunteers. K. Prohibition Against Contingent Fees AMSI warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for AMSI, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for AMSI, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. L. Attorney's Fees and Costs In the event of any dispute concerning the terms and conditions of this Agreement or in the event of any action by any party to this Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, 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. M. Non -Discrimination AMSI covenants and agrees that AMSI shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement 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. N. Verification of Employment Status AMSI agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. Page 13 of 18 M M O. Notice All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger•• or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 With A Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 Page 14 of 18 %lav, rai St. Lucie County Central Services Manager Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To AMSI: Peter Byron Vice President of Engineering/Contract Administration 101 N.W. 176th Street Miami, FL 33169 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. P. Compliance with Laws AMSI, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. Q. Truth -in -Negotiation Certificate Execution of this Agreement by Consultant shall act as the execution of as truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. R. Non -Waiver Page 15 of 18 M 05 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. S. Conflict of Interest AMSI represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. AMSI further represents that no person having any interest shall be employed for said performance. AMSI 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 AMSIIs 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 AMSI 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 AMSI. The County agrees to notify AMSI of its opinion by certified mail within thirty (30) days of receipt of notification by AMSI. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by AMSI, the County shall so state in the notification and AMSI 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 AMSI under the terms of this Agreement T. Mediation In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. Page 16 of 18 %MV, %W U. 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. V. Interpretation: Venue 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 St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. Page 17 of 18 M en IN WITNESS WHEREOF, the parties hereto have executed or have caused this Agreement to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY AMSI HOLDINGS, INC. BY: �J�:: Print Name: Title: �.v. C:\JWL\AGREE\AMSI\AUDIT AGREEMENT.WPD Page 18 of 18 APR-07-00 02:01 PM Prod4f,. Fax Note 7672 Ta y %, l.ocal+a� Fax rnmmrMs GENTRAL.SERVIGES t 561 462 1444 No ofPbp.r From Company Location Dept Chafpo Fax TaWphona0 <l+�eee C ] Drhllny htppg�pf J l_..j Return MEMORANDUM CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Mike Durette, Director, Central Services DATE: April 7, 2000 SUBJECT: AGENDA REQUEST AMSI Holdings, Inc. Agreement L. I roe ;�cki,p BACKGROUND: Staff issued an RFP to identify a qualified provider for guaranteed energy savings for facilities (see Exhibit A). RECOMMENDATION: Staff requests that the Board approve the Agreement for installation and implementation of energy conservation measures at the facilities and the Chairman to sign the Agreement with AMSI Holdings, Inc. MD:bk att. 'woe AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Leisure Services `✓ ITEM NO. DATE: April 11, 2000 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Mike Leeds Director, Leisure Services SUBJECT: Renewal of Agreement with Woody Newson, Lawnwood Tennis Professional. BACKGROUND: On October 8, 1998, the BOCC approved the second amendment to the January 7, 1997 Agreement between St. Lucie, Florida and Woody Newson. This contract is essentially the same agreement that has been in place forseveral years. The only change appears in paragraph 9, TERMS; TERMINATION, wherein the term of the agreement is extended to September 30, 2005. FUNDS AVAIL.: N/A PREVIOUS ACTION: Second Amendment to original Agreement approved by the BOCC on October 8, 1998. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Renewal Agreement with Woody Newson, Lawnwood Tennis Professional and authorize the Chairman to sign the Agreement. COMMISSION ACTION: IV [ APPROVED [ ] DENIED [ ] OTHER: County Attorney: Originating Dep . Coordination/Sicrnatures Mgt. & Budget: Other: Finance: (Check for Copy only, if Applicable) Eff. 1197 Administrator Purchasing Mgr.: Other: H:\WP\Woody Newson agreem cm 0 AGREEMENT THIS AGREEMENT, made and entered into this day of 2000, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County" and WOODY NEWSON, hereinafter referred to as the "Tennis Professional". WHEREAS, the County desires to engage the services of the Tennis Professional to provide services related to the Lawnwood Tennis Center and; WHEREAS, the Tennis Professional is willing to provide such services to the County. NOW, THEREFORE, the parties agree as follows: 1. PURPOSE. The Tennis Professional shall be responsible for providing the above listed activity at the Lawnwood Tennis facility. The employment of the Tennis Professional shall be subject to the St. Lucie County personnel policies as set forth in the St.= Lucie County employee handbook in effect on the date of this Agreement and as may be amended. Nothing shall be constructed to revoke the "at will" employment status of the Tennis Professional. 2. JOB DESCRIPTION. The description of the requirements of the job to be performed by the Tennis Professional are as follows: 1 *400, 1.r�i The Tennis Professional will be responsible to the Department of Leisure Services and will be supervised by the Recreation Coordinator. His duties will include, but not be limited to, the administration and programming of the Lawnwood Tennis Center, the scheduling of court times, lessons, clinics, tournaments, leagues, and related tennis activities. Supervisor of the Tennis Professional will work with him on all areas of programming and/or problems that may arise. The Tennis Professional's primary focus will be to develop a comprehensive tennis program for the residents of St. lucie County, and provide six (6), two (2) day free clinics. 3. COMPENSATION. The parties agree that the Tennis Professional will be paid a salary in the amount of ten thousand seven hundred twelve and 00/100 dollars ($10,712.00) per year and will be included in the County's medical insurance program and the Florida Retirement System in the same manner as other county employees. In consideration for the salary and benefits set out above, the Tennis Professional agrees to pay the County a total of seventeen thousand fifty-six and 68/100 dollars ($17,056.68) payable from revenues received by the Tennis Professional for services and rendered in equal monthly installments of one thousand four hundred twenty-one and 39/100 dollars ($1,421.39)for the term 0 of this Agreement. Any amount of revenues generated by the Tennis Professional in excess of the seventeen thousand fifty-six and 68/100 ($17,056.68) shall be allocated and paid as follows: ninety- five percent (95%) of the net receipts from the activity to the Tennis Professional and five percent (5%) of the net receipts to the County. Compensation shall be made after services have been 2 M 15 rendered. The Tennis Professional shall be entitled to all vacation/sick time to which he is allotted by current and standard County policy. Any and all funds due and owing to the Tennis Professional upon his return from vacation/sick time shall be pro -rated by the County's Finance Department to compensate for said vacation/sick time. 4. INVOICES; RECEIPTS; AUDIT; REPORTS. All funds received by the Tennis Professional must have receipts written in sufficient detail for pre -audit and post -audit purposes. The County will register and receive funds for all classes, class revenue will be used for instructors reimbursement with the profit being deducted from the monthly payments to the County, by the Tennis Professional. Tennis Professional agrees that the County or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Tennis Professional involving transactions related to this Agreement. All required records shall be I maintained until an audit is completed and all questions arising therefrom are resolved or five (5) years after the termination of this Agreement, whichever is later. Tennis Professional shall complete participation reports in a form acceptable to the County and submit the reports to the County's Recreation Coordinator on a monthly basis. Kj M 5. RATES; PRO SHOP. Tennis Professional agrees that all rates charged by the Tennis Professional for services and merchandise shall be subject to the review and approval of the County, provided that the County shall not unreasonably withhold approval if the proposed rates are comparable to other similar rates in the community. County agrees that the Tennis Professional may operate and provide a limited "Pro Shop" operation. Revenues received from the Pro Shop operation shall be subject to the compensation provisions of this Agreement. All merchandise dispensed from the Pro Shop operation shall be subject to approval of the County. 6. TELEPHONE CALLS. Tennis Professional shall reimburse the County for all long distance personal telephone calls on the County's telephone. 7. INSURANCE. The Tennis Professional shall obtain liability insurance coverage from the USPTA or other acceptable insurance company in amounts acceptable to the County. Proof of insurance r coverage shall be provided and maintained as a condition precedent to this Agreement. Tennis Professional agrees to require any person assisting Tennis Professional in his responsibilities to obtain liability insurance coverage from the USPTA or other acceptable insurance company in amounts equal to Tennis Professional's insurance coverage. The Tennis Professional shall and will forever 4 "4✓ `00 hold harmless the County from and against all negligent and/or gross negligent acts which arise out of or in connection with the performance of this contract which cause any liabilities, claims, recoveries, cost and expense because of loss of, or damage to, property, or injury to or the deaths of any persons. The Tennis Professional hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. REPORTING REQUIREMENTS. The Tennis Professional shall be responsible for knowing and fulfilling all reporting requirements of the Tax Equity and Fiscal Responsibility Act of . 1982 and all other federal, state or local laws, rules and regulations. 9. TERMS; TERMINATION. The term of this Agreement shall be from October 1, 1999 up to and including September 30, 2005. Either party may terminate this Agreement with or without cause upon thirty (30) days prior written notice to the other party. In the event of early termination, all payments shall be prorated and paid r to each party as appropriate on the date of termination. 10. ASSIGNMENT. The Tennis Professional shall not assign this Agreement. This provision shall not prohibit Tennis Professional from contracting with other tennis professionals to assist Tennis Professional, provided insurance coverage is obtained as set out in Paragraph 6 and provided, further, that the other tennis 5 smoe `fto professionals shall be considered independent contractors, not agents or employees of the County or the Tennis Professional. The Tennis Professional agrees to incorporate this provision in all contracts with other tennis professionals. 11. NOTICE. All notices required in the Agreement shall be sent by certified mail, return receipt requested, to the following address, unless otherwise specified by a party: As to County: With a copy to: St. Lucie County Administrator St. Lucie County 2300 Virginia Avenue, Annex Leisure Services Director Fort Pierce, FL 34982 2300 Virginia Avenue Fort Pierce, FL 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, FL 34982 As to Specialist: Woody Newson 7420 S. Ocean Drive 616C Fort Pierce, FL 34949 12. DISPUTE RESOLUTION. Any disputes relating to a question of fact arising under this Agreement shall be resolved through good s faith efforts upon the part of the Tennis Professional and the County or its representative. At all times, the Tennis Professional shall carry on the work and maintain its progress schedule in accordance with the requirements of the Agreement and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by 6 mutual agreement shall be decided by the County or its representatives who shall reduce the decision to writing. 13. MEDIATION. In the event of a dispute between the parties in connection with this Agreement 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 the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 14. NON -WAIVER. The rights of the parties under this Agreement shall be cumulative and the failure Hof either party to exercise properly any rights given hereunder shall not operate to r forfeit any of the said rights. 15. INTERPRETATION; VENUE. 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, property authorized, executed and V4101 delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date as indicated below: ATTEST: DEPUTY CLERK F WITNESSES: G:\ATTY\AGREEMNT\Newson.wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: BY: BY: 0 COUNTY ATTORNEY WOODY NEWSON SECOND AMENDMENT TO THE JANUARY 7, 1997 AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA AND WOODY NEWSON THIS SECOND AMENDMENT, made and entered into this ;7 7_ day of &)cT,0 1998, by and between ST. LUCIE COUNTY, FLORIDA, a Political subdivision of the State of Florida, hereinafter referred to as "County" and WOODY NEWSON, hereinafter referred to as the "Tennis Professional". WHEREAS, on January 7, 1997, the parties entered into an Agreement wherein the parties agreed that the Tennis Professional would be responsible for the administration and programming of the Lawnwood Tennis Center as more particularly described in Paragraph 2 of the Agreement; and, WHEREAS, on November 4, 1997, the parties entered into a First Amendment to the original Agreement of January 7, 1997, wherein the parties agreed to provide to the Tennis Professional vacation, thereby pro -rating the Tennis Professional's compensation for such time allotted for vacation; and further the parties agreed to renew the Agreement, as amended for one year; and, WHEREAS, the parties wish to amend the original Agreement of January 7, 1997, as amended, to require the Tennis Professional to submit the participation reports to the County's s Sports and Athletics Supervisor on a monthly basis; and, WHEREAS, the parties wish to amend the original Agreement of January 7, 1997, as amended, to require the Tennis Professional to reimburse the County for all long distance personal telephone calls on the County's telephone; and, WHEREAS, the parties wish to amend the original Agreement of January 7, 1997, as 1 amended to renew the Agreement for a period of one year. NOW, THEREFORE, the parties agree as follows: 1. Paragraph 4. INVOICES; RECEIPTS: AUDIT: REPORTS of the January 7, 1997 Agreement, as amended, is hereby amended as follows: 4. INVOICES; RECEIPTS: AUDIT: REPORTS All funds received by the Tennis Professional must have receipts written in sufficient detail for pre -audit and post -audit purposes. The County will register and receive funds for all classes, class revenue will be used for instructors reimbursement with the profit being deducted from the monthly payments to the County, by the Tennis Professional. Tennis Professional agrees that the County or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Tennis Professional involving transactions related to this Agreement. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved or five (5) years after the termination of this Agreement, whichever is later. Tennis Professional shall complete participation reports in a form acceptable to the County and submit the reports to the County's Sports and Athletics Supervisor on a monthly basis. 2. Paragraph 5. RATES, PRO SHOP: MISCELLANEOUS of the January 7, 1997 Agreement, as amended, is hereby amended as follows: 5. RATES; PRO SHOP; MISCELLANEOUS Tennis Professional agrees that all rates charged by the Tennis Professional for services and merchandise shall be subject to the review and approval of the County, provided that the County shall not unreasonably withhold approval if the proposed rates are comparable to other similar rates in the community. County agrees that the Tennis Professional may operate and provide a limited "Pro Shop" operation. Revenues received from the Pro Shop operation shall be subject to the compensation provisions of this Agreement. All merchandise dispensed from the Pro Shop operation shall be subject to approval of the County. Tennis Professional shall reimburse the County for all long distance personal telephone calls on the County's telephone. 3. Paragraph 8. TERMS: TERMINATION of the January 7, 1997 Agreement, as amended, is hereby amended as follows: 2 En 8. TERMS: TERMINATION The term of this Agreement she be from October 1, 1996 up to and including September 30, 1999. Either party may terminate this Agreement with or without cause upon thirty (30) days prior written notice to the other party. In the event of early termination, all payments shall be prorated and paid to each party as appropriate on the date of termination. 4. Except as amended herein, the remaining terms and conditions of the January 7, 1997 Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date as indicated below: ATTEST: f WITNESSES: g:/agree=t/amend.98/2a.newson BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Date: AG APPROVED AS TO FORM AND CORRECTN4SS: �1 BY: WOODY NEWSON BY: L-7 Date: l C � 7.- Of- 2� a AGREEMENT THIS AGREEMENT, made and entered into this i q—tl day of i�Owlu0.(v , 199e, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the -State of Florida, hereinafter referred to as "County" and WOODY NEWSON, hereinafter referred to as the "Tennis Professional." WHEREAS, the County desires to engage the services of the Tennis Professional to: The Tennis Professional will be responsible to the Department of Leisure Services and will be supervised by the Sports and Athletics Supervisor. His duties will include, but not be limited to, the administration and programming of the Lawnwood Tennis Center, the scheduling of court times, lessons, clinics, tournaments, leagues, and related tennis activities. Supervisor of the Tennis Professional will work with him on all areas of programming and/or problems that may arise. The Tennis Professional's primary focus will be to develop a comprehensive tennis program for the residents of St. Lucie County, and provide six (6), two (2) day free clinics. WHEREAS, the Tennis Professional is willing to provide such services to the County. NOW, THEREFORE, The parties agree as follows: 1.s PURPOSE. The Tennis Professional shall be responsible for providing the above listed activity at the Lawnwood Tennis facility. The employment of the Tennis Professional shall be subject to the St. Lucie County personnel policies as set forth in St. Lucie County Resolution No. 86-173, as amended. Nothing shall be constructed to revoke the "at will" employment status of the Tennis Professional. 2. JOH DESCRIPTION. The description of the requirements of 1 err►' N fto the job to be performed by the Tennis Professional are as follows: The Tennis Professional will be responsible to the Department of Leisure Services and will be supervised by the Sports and Athletics Supervisor. His duties will include, but not be limited to, the administration and programming of the Lawnwood Tennis Center, the scheduling of court times, lessons, clinics, tournaments, leagues, and related tennis activities. Supervisor of the Tennis Professional will work with him on all areas of programming and/or problems that may arise. The Tennis Professional's primary focus will be to develop a comprehensive tennis program for the residents of St. Lucie County, and provide six (6), two 92) day free clinics. 3. COMPENSATION. The parties agree that the Tennis Professional will be paid a salary in the amount of nine thousand seven hundred ninety six and 00/100 dollars ($9,796.00) per year and will be included in the County's medical insurance program and the Florida Retirement System in the same manner as other county employees. In consideration for the salary and benefits set out above, the Tennis Professional agrees to pay the County a total of fifteen thousand sixty and 00/100 dollars ($15, 060.00) payable from revenues received by the Tennis Professional for services and rendered in equal monthly installments of one thousand two hundred fifty five and 00/100 dollars ($1,255.00) beginning November 1, 1996. Any amount of revenues generated by the Tennis Professional in excess of the $15,060.00 shall be allocated and paid as follows: ninety-five percent (950) of the net receipts from the activity to the Tennis Professional and five percent (50) of the net receipts to the County. Compensation shall be made after services have been rendered. 4. INVOICES; RECEIPTS; AUDIT; REPORTS. All funds received 2 *41'' r.r 4 the job to be performed by the Tennis Professional are as follows: The Tennis Professional will be responsible to the Department of Leisure Services and will be supervised by the Sports and Athletics Supervisor. His duties will include, but not be limited to, the administration and programming of the Lawnwood Tennis Center, the scheduling of court times, lessons, clinics, tournaments,' leagues, and related tennis activities. Supervisor of the Tennis Professional will work with him on all areas of programming and/or problems that may arise. The Tennis Professional's primary focus will be to develop a comprehensive tennis program for the residents of St. Lucie County, and provide six (6), two 92) day free clinics. 3. COMPENSATION. The parties agree that the Tennis Professional will be paid a salary in the amount of _ and 00/100 dollars ) per year and will be included in the County's medical insurance program and the Florida Retirement System in the same manner as other county employees. In consideration for the salary and benefits set out above, the Tennis Professional agrees to pay the County a total of dollars f payable from revenues received by the Tennis Professional for services and rendered in equal monthly installments of • _ F ( ) beginning November 1, 1996. Ariy amount of revenues generated by the Tennis Professional in excess of the l shall be allocated and paid as follows: ninety-five percent (95%) of the net receipts from the activity to the Tennis Professional and five percent (50-.) of the net receipts to the County. Compensation shall be made after services have been rendered. 4. INVOICES; RECEIPTS; AUDIT; REPORTS. All funds received 2 by the Tennis Professional must have receipts written in sufficient detail for pre -audit and post -audit purposes. The County will register and receive funds for all classes, class revenue will be used for instructors reimbursement with the profit being deducted from the monthly payments to the County, by the Tennis Professional. Tennis Professional agrees that the County or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Tennis Professional involving transactions related to this Agreement. All required records shall be maintained until and audit is completed and all questions arising therefrom are resolved or five (5) years after the termination of this Agreement, whichever is later. Tennis Professional shall complete participation reports in a form acceptable to the County and submit the reports to the County's Sports and Athletics Supervisor on a w y basis. 5. RATES; PRO SHOP; MISCELLANEOUS. Tennis Professional agrees that all rates charged by the Tennis Professional for services and merchandise shall be subject to the review and approval of the County, provided that the County shall not unreasonably withhold approval if the proposed rates are comparable to other similar rates in the community. County agrees that the Tennis Professional may operate and provide a limited "Pro Shop" operation. Revenues received from the Pro Shop operation shall be subject to the compensation provisions of this Agreement. All merchandise dispensed from the Pro Shop operation shall be subject 3 M 0 to approval of the County. Tennis Professional shall reimburse the County for all long distance or directory assistance telephone calls on the County's telephone. 6. INSURANCE. The Tennis Professional shall obtain liability insurance coverage from the USPTA or other acceptable insurance company in amounts acceptable to the County. Proof of insurance coverage shall be provided and maintained as a condition precedent to this agreement. Tennis Professional agrees to require any person assisting Tennis Professional in his responsibilities to obtain liability insurance coverage from the USPTA or other acceptable insurance company in amounts equal to Tennis Professional's insurance coverage. The Tennis Professional shall and will forever hold harmless the county from and against all negligent and/or gross negligent acts which arise out of or in connection with the performance of this contract which cause any liabilities, claims, recoveries, cost and expense because of loss of, or damage to, property, or injury to or the deaths of any persons. 7. r REPORTING REQUIREMENTS. The Tennis Professional shall be responsible for knowing and fulfilling all reporting requirements of the Tax Equity and Fiscal Responsibility Act of 1982 and all other federal, state or local laws, rules and regulations. 8. TERMS; TERMINATION. The term of this Agreement shall be from October 1, 1996 up to and including September 30, 1997. Either party may terminate this Agreement with or without cause upon 4 L thirty (30) days prior written notice to the other party. In the event of early termination, all payments shall be prorated and paid to each party as appropriate on the date of termination. 9. ASSIGNMENT. The Tennis Professional shall not assign this Agreement. This provision shall not prohibit Tennis Professional from contracting with other tennis professionals to assist Tennis Professional, provided insurance coverage is obtained as set out in Paragraph 6 and provided, further, that the other tennis professionals shall be considered independent contractors, not agents or employees of the County or the Tennis Professional. The Tennis Professional agrees to incorporate this provision in all contracts with other tennis professionals. 10. NOTICE. All notices required in the Agreement shall be sent by certified mail, return receipt requested, to the following address, unless otherwise specified by a party: As to County St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, FL 34982 As to Specialist: Woody Newson 7420 S. Ocean Drive 616C Fort Pierce, FL 34949 With a copy to: St. Lucie County Leisure Services Director 2300 Virginia Avenue Fort Pierce, FL 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, FL 34982 11. INTERPRETATION; VENUE. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written Agreements 5 %so, '"o between the parties with respect thereto. This Agreement may only be amended by written document, property authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date as indicated below: ATTEST: BOARD OF COUNTY COMMISSIONERS rim►, . -<KA- —J—WM P M Date: APPROVED AS TO FORM AND By By: Z", •.: • 11 FIRST AMENDMENT TO THE JANUARY 7, 1997 AGREEMENT BETWEEN ST. LIICIE COUNTY, FLORIDA AND WOODY NEWSON THIS FIRST AGREEMENT, made and entered into this -q day Of 1�� M_�� 1997, by and between ST. LIICIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County" and WOODY NEWSON, hereinafter referred to as the "Tennis Professional." WHEREAS, the County desires to engage the services of the Tennis Professional; and, WHEREAS, the Tennis Professional is willing to provide such services to the County; and, WHEREAS, the parties wish to renew the January 7, 1997 Agreement for the period of one year; and, WHEREAS, the parties wish to provide to the Tennis Professional vacation time for which he does not have to reimburse the County, thereby pro -rating the Tennis Professional's compensation for such time allotted for vacation. NOW, THEREFORE, The parties agree as follows: 1. Paragraph 3 COMPENSATION of the January 7, 1997 Agreement is hereby amended as follows: 3. COMPENSATION. The parties agree that the Tennis Professional will be paid a salary in the amount of ten thousand seven hundred twelve and 00/100 dollars ($10,712.00) per year and will be included in the County's medical insurance program and the Florida Retirement System in the same manner as other county employees. In consideration for the salary and benefits 1 *Nge �%W set out above, the Tennis Professional agrees to pay the County a total of seventeen thousand fifty six and 68/100 dollars ($17,056.68) payable from revenues received by the Tennis Professional for services and rendered in equal monthly installments of one thousand four hundred twenty one and 39/100 dollars ($1,421.39) beginning November 1, 1996. Any amount of revenues generated by the Tennis Professional in excess of the seventeen thousand fifty six and 68/100 dollars ($17,056.68) shall be allocated and paid as follows: ninety-five percent (95a) of the net receipts from the activity to the Tennis Professional and five percent (5 0 ) of the net receipts to the County. Compensation shall be made after services have been rendered. The Tennis Professional shall be entitled to all vacation/sick time to which he is allotted by current and standard County policy. The Tennis Professional shall not be required to reimburse the County for monies due pursuant to the January 7, 1997 Agreement for the time spent while he is on vacation/sick leave. Any and all funds due and owing to the Tennis Professional upon his return from vacation/sick time shall be pro -rated by the County's Finance Department to compensate for said vacation/sick time. 2. Paragraph 8 TERMS: TERMINATION of the January 7, 1997 Agreement shall be amended as follows: 04 8. TERMS: TERMINATION, The term of this Agreement shall be from October 1, 1996 up to and including September 30, 19 Either party may terminate this Agreement with or without cause upon thirty (30) days prior written notice to the other party. In the event of early termination, all payments shall be prorated and paid to each party as appropriate on the date of termination. 3. Except as amended herein, the remaining terms and conditions of the January 7, 1997 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date as indicated below: ATTEST: BOARD OF COUNTY COMMISSIONERS By:z&�� (�- aa�L L HAIRMAN Date • . ( ' APPROVED AS TO FORM AND By By: WOODY NEWSON K, SECOND AMENDMENT TO THE JANUARY 7, 1997 AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA AND WOODY NEWSON THIS SECOND V'IENDIVIENT, made and entered into this ��� day of 1998, by and between ST. LUCIE COUNTY, FLORIDA, a Political subdivision of the State of Florida, hereinafter referred to as "County" and WOODY NEWSON, hereinafter referred to as the "Tennis Professional". WHEREAS, on January 7, 1997, the parties entered into an Agreement wherein the parties agreed that the Tennis Professional would be responsible for the administration and programming of the Lawnwood Tennis Center as more particularly described in Paragraph 2 of the Agreement; and, WHEREAS, on November 4, 1997, the parties entered into a First Amendment to the original Agreement of January 7, 1997, wherein the parties agreed to provide to the Tennis Professional vacation, thereby pro -rating the Tennis Professional's compensation for such time allotted for vacation; and further the parties agreed to renew the Agreement, as amended for one year; and, WIiE;REAS, the parties wish to amend the original Agreement of January 7, 1997, as - amended, to require the Tennis Professional to submit the participation reports to the County's Sports and Athletics Supervisor on a monthly basis; and, WHEREAS, the parties wish to amend the original Agreement of January 7, 1997, as amended, to require the Tereus Professional to reimburse the County for all long distance personal telephone calls on the County's telephone; and, -n Gam >� o WHEREAS, the parties wish to amend the original Agreement of January 7, 19;�q,.a ,c M .cam s �c O amended to renew the Agreement for a period of one year. NOW, THEREFORE, the parties agree as follows: 1. Paragraph 4. L VOICES; RECEIPTS: AUDIT; REPORTS of the January 7, 1997 Agreement, as amended, is hereby amended as follows: 4. IlWOICES: RECEIPTS; AUDIT:. REPORTS. All funds received by the Tennis Professional must have receipts written in sufficient detail for pre -audit and post -audit purposes. The County will register and receive funds for all classes, class revenue will be used for instructors reimbursement with the profit being deducted from the monthly payments to the County, by the Tennis Professional. Tennis Professional agrees that the County or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Tennis Professional involving transactions related to this Agreement. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved or five (5) years after the termination of this Agreement, whichever is later. Tennis Professional shall complete participation reports in a form acceptable to the County and submit the reports to the County's Sports and Athletics Supervisor on a monthly basis. 2. Paragraph 5. RATES: PRO SHOP; MISCELLANEOUS of the January 7, 1997 Agreement, as amended, is hereby amended as follows: 5. RATES: PRO SHOP: MISCELLANEOUS. Tennis Professional agrees that all rates charged by the Tennis Professional for services and merchandise shall be subject to the review and approval of the County, pro-Vzded that the County shall not unreasonably withhold approval if the proposed rates are comparable to other similar rates in the community. County agrees that the Tennis Professional may operate and provide a limited "Pro Shop" operation. Revenues received from the Pro Shop operation shall be subject to the compensation provisions of this Agreement. Ail merchandise dispensed from the Pro Shop operation shall be subject to approval of the County. Tennis Professional shall reimburse the County for all long distance personal telephone calls on the County's telephone. 3. Paragraph 8. TERMS; TERMINATION of the January 7, 1997 Agreement, as amended, is hereby amended as follows: 2 t 8. TERMS: TERMINATION. The term of this Agreement shall be from October 1, 1996 up to and including September 30, 1999. Eitherparty may terminate this Agreement with or without cause upon thirty (30) days prior written notice to the other party. In the event of early termination, all payments shall be prorated and paid to each party as appropriate on the date of termination. 4. Except as amended herein, the remaining terms and conditions of the January 7, 1997 Agreement, as amended, shall remain in full force and effect. IN WTT1vESS WHEREOF, the parties hereto have executed this Amendment on the date as indicated below: ATTEST: BOARD OF COUNTY CONIlVIISSIONERS ST. LUCIE COUNTY, FLORIDA UTY �,y y..� BY: f C8_ CHAP / Date: ��`• �==r� ° APPROVED TO FORM AND moo, �; cocx; t f"` CORRECTNE rrw�� BY: COLT TY RNEY WITNESSES: A;a'l (.G`✓% 9la9r-=t1amend9=a.newson WOODY NEWSON BY: Date:_.Z�Ll Z`' 2 3 0 cm ITEM NO. 8 AGENDA REQUEST DATE: APRIL 11, 2000 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ADMINISTRATION SUBJECT: PROPERTY AND HOMEOWNERS ASSOCIATION REQUEST BACKGROUND: SEE ATTACHED MEMORANDUM PRESENTED BY: DOUG ANDERSON FUNDS AVAIL.(State type & No. of transaction or N/A): N/A PREVIOUS ACTION: NONE RECOMMENDATION: COMMISSIONER COWARD HAS REQUESTED THE ATTACHED PROPERTY AND HOMEOWNERS ASSOCIATION REQUEST BE FORWARDED FOR BOARD CONSIDERATION. SINCE THIS REQUEST INVOLVES AN INDEPENDENT AUTHORITY CREATED PURSUANT TO STATE LAW, STAFF IS ASKING FOR DIRECTION ON WHETHER TO FORWARD THIS REQUEST ON TO THE ST. LUCIE COUNTY EXPRESSWAY AND BRIDGE AUTHORITY. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ X ] OTHER: The County Administrator is instructed to pass on G S M. ANDERSON the Property & Homeowners Request as that of solely Cou y Administrator the Property and Homeowners without Board input or opinion into this request. Review and Approvals County Attorney: Management & Budget Purchasing Originating Dept. Other• Other: 0 BOARD OF COUNTY COMMISSIONERS MEMORANDUM cm DOUG COWARD COMMISSIONER TO: Doug Anderson, County Administrator FROM: Doug Coward, County Commissioner, District 2 DATE: March 10, 2000 SUBJECT: Property & Homeowners Association Request At the February 16, 2000, Property and Homeowners Association meeting, the majority of the voting members present passed the following motion by a 17-4 margin. The St. Lucie County Homeowners Association hereby requests that the St. Lucie County Commission, as the representatives of the taxpayers of St. Lucie County, ask the St. Lucie County Expressway and Bridge Authority to suspend all operations until both the state investigation and the federal grand jury probe into the Garcon Point Toll Bridge project and Figg Engineering are complete. As the Authority has just announced the cancellation of their third consecutive monthly meeting, we further request that the County Commissioners serving as members of the Authority request an Authority meeting be scheduled as soon as possible to act on this request. For your reference, I have attached a copy of the February 16th meeting minutes. Please take the necessary action for Board consideration of this matter. JOHN D. BRUHN, District No. 1 - DOUG COWARD, District No. 2 - PAULA A. LEWIS, District No. 3 - FRANNIE HUTCHINSON, District No. 4 - CLIFF BARNES, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - (561) 462-1412 FAX (561) 462-2131 9 TDD (561) 462-1428 ME M Property and Homeowners Association Meeting February 16, 2000 Minutes The meeting convened at 9:30 a.m. The regular monthly meeting of the Property and Homeowners Association was held on February 16, 2000 at 9:30 a.m. in conference room of the Roger Poitras Administration Annex Building. PRESENT: Committee Members: Al Lagerstrom, Bel Aire Estates HOA Shirley Burlingham, Ocean Resorts & North Beach HOA Val Scorse, River Park HOA Frank Guarascio, Villas of Sandpiper Bay HOA in Port St. Lucie Bob Bangert, Holiday Pines HOA Charles Grande, Pres. Miramar Royale, Presidents Council of the North Hutchinson Island HOA Sandi Simmons, Tiara Towers HOA Herb Beach, White City Improvement Club Roger Sharp, Indian River Dr. Freeholders Ed McKay, Vice President of the President's Council, Hutchinson Island Fred Cook, President of Port St. Lucie HOA Claire Iglauer, Lakewood Park HOA Frank Monteleone, Spanish Lakes Country Club Villas HOA Ed Bailey, St. Lucie Golf Village HOA Jeanne Stone, Spanish Lakes Riverfront HOA Zella Brown, Nettles Island HOA Jack Connolly, Spanish Lakes Fairways HOA Hank Hull, St. Lucie North HOA Charlie Brown, Indian River Estates HOA Carl Rivasi, President, The Surf Condo, HOA William Gesner, Coral Cove Beach HOA Tom Robb, Sand Dollar Shore HOA Thomas Spinello, Ridgecrest Mobile Home Park HOA (arrived late) Property and Homeowners Assoc. Meeting Page 1 February 16, 2000 County Commissioners. Staff, and General Public: Doug Coward, County Commissioner, District 2 Frannie Hutchinson, County Commissioner, District 4 Cliff Barnes, County Commissioner, District 5 Charline Burgess, Administrative Assistant, District 2 Barbara Burse, Administrative Assistant, District 3 Jim Lancaster, Assistant County Attorney Buster Scorse, River Park HOA Jeanne Hearn, resident of Indrio George Andreassi, Staff Writer for The Port St. Lucie News Jenny Brock Steele, Staff Writer for The Tribune Jim Reeder, Staff Writer for The Palm Beach Post Nancy Spalding, Coral Cove Beach Dunes Veronica Jubinsky, Ocean Village Ken Mascara, resident of 1105 Fleetwood Lane Harold Melville, Attorney Jack Johnson, River Park Helen Murtha, representing Savanna Club Concerned Residents Coalition Steven B. Schliedermann, Indian River Drive M. DiPalermo, S.L.S.O. Patricia Ferrick, North Fork Property Owners Mark A. Boston, Nettles Island Walter Sawyer, resident of Port St. Lucie Thomas S. Ladomirak, resident of Port St. Lucie Mr. & Mrs. R. Gentze, resident of Port St. Lucie Betty Lou Wells, resident of St. Lucie County Dale Johnson, High Point Section I Property and Homeowners Assoc. Meeting Page 2 February 16, 2000 M E5 ITEM 1 - CALL TO ORDER AND THE PLEDGE OF ALLEGIANCE Commissioner Doug Coward called the meeting to order at 9:30 a.m and led the committee in the Pledge of Allegiance. ITEM 2 - APPROVAL OF THE JANUARY 12, 2000 MINUTES: Commissioner Coward asked for a motion for approval of the January 12, 2000 minutes. Mr. Bob Bangert stated that on page 4 paragraph 6 regarding Mr. Anderson's comments on FSTED wanting to keep our inlet open, the minutes should reflect that "our inlet is in no way at capacity, the inlet is being cleaned because of the sand in it, not because of the capacity of the port ". Commissioner Coward stated that we would review the tape of the January meeting for accuracy in Mr. Anderson's comments. A motion was made and seconded to approve the January 12, 2000 minutes. The motion carried unanimously. Due to an unforseen delay by our guest speaker, Dennis Murphy, Commissioner Coward moved the Walton Road Bridge issue up on the agenda. ITEM 3: OLD BUSINESS - WALTON ROAD BRIDGE: TO VOTE ON WHETHER OR NOT TO ASK THE EXPRESSWAY AUTHORITY TO HALT THE PROJECT PENDING THE FEDERAL INVESTIGATION: Commissioner Coward stated that at the last meeting there was a request by several members to bring up the issue regarding the Walton Road Bridge, and a specific recommendation be made to the Board of County Commissioners. It was decided at that time that it would be more appropriate to allow for each of the homeowner representatives to be able to go back to their homeowner's association to get their input. So at the request of the Association, we subsequently put the item on the agenda for today. Commissioner Coward asked Mr. Roger Sharp to present his request since he was the member that had brought it up for discussion at the last meeting. He pointed out that with an issue of this magnitude that he would like to give the Expressway Authority an opportunity to counter whatever is said. He said that he had received a letter from Mr. Hayslip saying that he would not be able to attend this meeting, so he had suggested that if anyone wanted further information on the Walton Road Bridge, that there would be a meeting in this room at 2:00 p.m. tomorrow as well. Mr. Sharp restated the motion that he had made at the January meeting: Property and Homeowners Assoc. Meeting Fdxuwy 16, 2000 Page 3 Resolved - The St. Lucie County Homeowners Association hereby requests that the St. Lucie County Commission, as the representatives of the taxpayers of St. Lucie County, ask the St. Lucie County Expressway and Bridge Authority to suspend all operations until both the state investigation and the Federal Grand Jury probe into the Garcon Point Toll Bridge project and Figg Engineering are complete. As the Authority has just announced the cancellation of their third consecutive monthly meeting, we further request that the County Commissioners serving as members of The Authority request an Authority meeting be scheduled as soon as possible to act on this request. Mr. Sharp then passed out the article written by the Associated Press for discussion. He stated that this is a nationwide release, and is not influenced by local politics. He said that basically the Grand Jury has subpoenaed Figg Engineering and the Santa Rosa Bridge Authority (SRBA). He then restated portions of the article. The fines have been placed against the SRBA, not against Figg Engineering. If this happens to us, who would be responsible to pay the fines? This bridge goes over a marine estuary and the Indian River Lagoon. He said that the one up north did not go over any protected waterway as such. He further stated that if damage is done in that estuary, someone is going to pay? He said he had the feeling it was going to be us. He went on to say that the Department of Environmental Protection (DEP) delayed the opening of the Garcon Point Bridge, built by Figg Engineering, for failure to comply with their environmental permitting process. He said that Figg Engineering was not concerned with the environmental fines, they would add it into the cost of building the bridge, so the taxpayers would have to pay for it anyway. Mr. Sharp said that a good example of a success story is our new city marina. He asked the representatives to drive to the City Marina and look at the number of sports fishing boats and car tags from many different counties. He said that these people are bringing revenue into our county by buying boats here, staying in motels, and eating in our restaurants. The reason they come here, is that there are fish in the Indian River Lagoon, and offshore. What comes out of the inlet affects what goes on out in the ocean with pelagic fishes, if you have dirt and sediment from dead grass, leads or mud flats and pollutants going out the inlet, the fish are not going to be here. He said that even if you are not an environmentalist, or don't care about the local waters, or the animals in the water, you have to care about the local economy. We can't afford to lose one acre of seagrass, and bay bottom, as in Herman's Bay, much less losing 50 acres from debris in there. Mr. Sharp concluded by asking the representatives to help suspend operations per their request on this project from the St. Lucie County Expressway and Bridge Authority until the investigation of the Garcon Point Bridge is over. He said that he was not asking them to stop the project, even though he would like to, just to ask the Board of County Commissioners to have the Expressway Authority suspend operations until the federal investigation is over. He said that this action would not be necessary if the company was spending their money, but it doesn't seem to bother them to put the taxpayers money at high risk. Property and Homeowners Assoc. Meeting February 16, 2000 Page 4 **Awl 1 Commissioner Coward stated that he had invited Jim Lancaster, Assistant County Attorney to speak on legal procedures regarding this matter. He said that what was being asked by this group was for the Board of County Commissioners to basically try and suspend what is going on with the Expressway Authority, and it was his understanding that the Board did not have the authority to that. We have the authority to influence potentially, but not the authority to "pull the plug". That is something that would have to be done at the state level. Mr. Lancaster stated that the Expressway Authority is set up by the State Legislature, as an independent authority and has total jurisdiction over it's bridges and expressways. The County Commission, to the extent of having an influence, is through their two Board members that sit on the Expressway Authority. Certainly this homeowners association could recommend to the Board to in turn recommend to the Expressway Authority to take action on what this association thought was appropriate, but the Board would not have the authority to require them to take action. Commissioner Coward stated that it was worth noting that the one action that the Board does have control over, is whether or not gas taxes are dedicated to this project, and the Board has already taken action not to do that. Mr. Charles Grande stated that the legal recommendation given by Mr. Lancaster is exactly what Mr. Sharp was asking for. He said that they all knew that this was no more than a meeting of associations. He said that they also understood that the County Commission does not have the authority to force the Expressway Authority to do anything. The motion made by Mr. Sharp, as he understood it, was to ask the Expressway Authority to suspend those operations until those questions were cleared up. He asked "now what questions are they?" He said that they were not here to discuss the benefits or the relative merits of the bridge. There are two facts that everyone is aware of, and a new one brought up today. At the county level there was a law suit filed this morning against the Expressway Authority of over their handling of their finances. He said there is an on -going investigation over the Garcon Bridge project, which was done by the same people who are doing this one, and has been presented as the model for this project. Figg Engineering has told us for years to watch the Garcon project, that they could do as well as that. He said that this is one of those rare instances where it's not the Florida Department of Transportation (FDOT), it is done by an Authority, it is financed by a bond issue, it tracks this project very, very closely, and it preceded this project. There is a lawsuit in county court against the Authority; there is a state investigation that is going on over the Garcon Bridge, and we don't know the results of that yet; the Federal Government has empaneled a Federal Grand Jury to look into the Garcon Bridge project, and we don't know the results of that yet. These are three real legal occurrences that are on -going as we speak. He stated that the prudent thing that they could do as county residents would be to do everything that they can to say, "let's hold up on this project until we find out how the other one is going". He said that until we find out whether or not the county law suit is going to be upheld; is the state investigation going to turn up anything that we should know about; is the Federal Grand Jury going to come in with anything that we should know before we allow a project, exactly like the project they are studying to go ahead. Property and Homeowner; Assoc. Meeting February 16, 2000 Page 5 Mr. Grande said to the representatives, that if you vote yes today, you will simply be asking the County Commission to request that the Expressway Authority suspend their operation until the results are in. He said that he did not think that would put any member on one side of the bridge question or the other, or ask anyone to do anything that's not prudently looking after the best interest of the county. Mr. Herbert Beach stated that his question was answered by Mr. Lancaster, but that he wanted to read a letter from the White City Homeowners Association into the record. He then restated the following letter: Dated February 14, 2000, addressed to the Board of County Commissioners - Dear Commissioner Coward: It has been brought to the attention of the White City Improvement members homeowners representative Herb Beach, an article on the Pensacola Bay Bridge problem. It is our understanding that one of the homeowners representatives requested a certain meeting decision by the Board of County Commissioners to the Expressway Authority be stopped. The executive board brought this to the body on the 100i of February, and it was voted on to request that the Board of County Commissioners to instruct the county attorney to review this matter, and bring a recommendation to the Board of County Commissioners as to what action, or lack of any, that the Board should request the Expressway Authority to pursue. We would appreciate ackowledgement of our request, and notification of your decision. If there is a meeting where this would be discussed, we would appreciate notification. Your attention to this matter in a timely manner would be appreciated. If you have any questions, please feel free to contact me at 467-1139 or Herb Beach at 464-5859. Sincerely, Arlene Goodman President of White City Improvement Club Mr. Beach closed by saying that the letter indicated the position being taken by the members of the White City Improvement Club. Mr. Frank Monteleone stated that there, is no question that questions should be cleared up. If you do not have the authority, or a threat of a suit, he did not think that they would pay much attention to us. He said that he was not sure whether or not the County Commission could instruct their legal Property and Homeowners Assoc. Meeting February 16, 2000 Page 6 department to look into it and set up a lawsuit. If our request is disregarded, they know there is a serious side they will have to face with us. He further stated that Figg Engineering is in serious trouble, and we do not want the same problems they had up north. He said that with his past experience with the Federal Government's investigations that it will probably take 30 years! Mr. Monteleone stated that he had read the newspaper article and could not believe that no one paid attention when they were dumping tons and tons of concrete. He said that just does not sound right. He said that there is nothing wrong with making a request, but he thought that they needed something more than that. He said that the Expressway Authority seems to be ignoring people, and ignoring meetings, so that is why Mr. Sharp's motion is a good one, we need to make an impression, and we would like to hold this up, but there will have to be someone else behind it. A representative asked Commissioner Coward whether or not the attorney could address this matter as he had said. Commissioner Coward stated that by asking the attorneys to give a recommendation, what they will do is give you the legal framework from which to work from, and then you would have to have the Board make a policy decision about which path to follow. So it is a combination of getting additional information from our staff and our County Commission making a recommendation, not the attorney's office, but to the County Commission based on the information. He stated this it was his understanding that the representatives were asking for county staff to look into the matter further and find out what options are available to us. Mr. Bob Bangert seconded the motion made by Mr. Sharp. Commissioner Coward said that he wanted to allow for further comment before the motion was voted on. Ms. Val Scorse clarified the motion for the representatives. By voting "yes" means that they want to put a hold on it until further notice. Voting "no" means to go ahead with it. A gentleman from the audience stated that he agreed with putting a hold on the project, not necessarily stopping the project. He said that maybe they could seek a different company to do the job, if there is a problem with this particular company. He stated that he is in favor of the bridge. Mr. Ed McKay presented a new affidavit dated February 1, 2000, from the St. Lucie County Expressway and Bridge Authority. He said that the document was sent to about 100 different people and permitting agencies. He restated a portion of the affidavit for the representatives regarding the comp plan, endangered species and protecting their habitats, avoiding transportation improvements to environmentally sensitive areas, or productive marine areas. "Need' for the bridge, noted in the affidavit, was that FDOT reported that the "new" Jensen Beach two lane 65 foot causeway would be sufficient to the year 2023. As far as "evacuation", also noted in the affidavit, the island was evacuated last September, and the County Emergency Management said there was not a problem with Property and Homeowners Assoc. Meeting February 16, 2000 Page 7 M the evacuation. He continued restating the affidavit regarding the `funding". Commissioner Coward stated that we are not here today to discuss the merits of the project, or whether or not we want or need the bridge, but to discuss the motion. Mr. McKay said that there was a couple of lies in the affidavit stating that there was a grant from the state for the bridge. There is no grant. Commissioner Coward recommended to Mr. McKay that these issues be discussed at the next Expressway Authority meeting to be held on February 17', instead of the homeowners meeting. Mr. Fred Cook stated that he would like to move . the motion on to immediately vote on the recommendation that was made. He said that he had brought this situation before the Port St. Lucie Homeowners Association, and they voted unanimously "no" that they would not like the Authority to be stopped at this time. Reason being that what they are trying to do is to come up with a logical solution to the problem. No matter what area near us is affected, it has no bearing on what is going to take place in this particular area. Several representatives said that there was already a motion and a second on the floor. Mr. Beach asked that only the homeowners association's representatives vote on the motion. Several representatives asked Commissioner Coward to repeat the motion on the floor. Commissioner Coward restated the motion for the representatives. Resolved - The St. Lucie County Homeowners Association hereby requests that the St. Lucie County Commission, as the representatives of the taxpayers of St. Lucie County, ask the St. Lucie County Expressway and Bridge Authority to suspend all operations until both the state investigation and the Federal Grand Jury probe into the Garcon Point Toll Bridge project and Figg Engineering are complete. As the Authority has just announced the cancellation of their third consecutive monthly meeting, we further request that the County Commissioners serving as members of The Authority request an Authority meeting be scheduled as soon as possible to act on this request. Commissioner Coward announced that the Expressway Authority would be meeting on February 17, 2000 at 2:00 p.m. in conference room 3. Commissioner Coward asked for a consensus from the representatives regarding the motion on the floor. Several representatives stated that they would like an official roll call on this issue so that only the property & homeowners associations representatives would be voting. Property and Homeowners Assoc. Meeting February 16, 2000 Page 8 M M As each representative identified themselves, the vote was as follows: Roger Sharp, Frank Monteleone, Ed McKay, Charles Grande, Jeanne Stone, Val Scorse, Bob Bangert, Shirley Burlingham, Sandi Simmons, Jack Connolly, Al Lagerstrrom. Hank Hull, Charlie Brown, Carl Rivasi, Herbert Beach, William Guestner, and Tom Robb voted to approve the motion. Frank Guarascia, Fred Cook, Ed Bailey, and Zella Brown voted to deny the motion. The final vote was 17 to 4 in favor of the motion. Commissioner Coward stated that Commissioner Barnes and Commissioner Hutchinson had left the meeting, but that he would pass the motion on to the Board of County Commissioners. ITEM 4: IMPACT FEE DISCUSSION - PRESENTATION BY DENNIS MURPHY ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR Mr. Murphy provided an overview on impact fees. He said that several months ago the Board of County Commissioners authorized the commencement of an impact fee study to the current County impact fee ordinances. The County currently levies impact fees in the areas of schools, roads, parks, public buildings and libraries. Those fees are collected on a countywide basis, and they are spent according to a particular project in the zones where the fees were collected or the adjacent area that benefit those that paid for it. He said that impact fees are a one time charge assessed to all new construction. If you already have a house here, and you are living in it, or you move to an existing house, you will never have to pay an impact fee. Mr. Murphy stated that the purpose of the impact fee is to try and cover the gap between the expected tax generation from that particular development activity over a period of time, and the demand of that activity on the community infrastructure. Any new structure will have a certain amount of demand on a roadway over a given period of time. A projection can be made on a new home, on the average, as to how much the owner would pay in property and gasoline taxes on that house. From that we can determine the cost of providing the necessary infrastructure to support that house in terms of roads. He said that when all the revenue sources are added up, we do not get to the overall cost to provide for the roads. Impact fees are intended to help bridge that gap between the expected tax generation rate and the cost of providing for the level of services that we all demand. Mr. Murphy said that it is no secret that the County has very little money, and the Citizens Budget Committee which the Board set up some years ago, have seen the budget and know how much money the County really has, yet at the same time there is an ever increasing demand for services that we must address. In 1985, the Board chose collecting impact fees as a source of revenue, because we did not have additional tax options available to us. Mr. Murphy said that as an example of how impact fees are accessed, if a single family home, no matter what the size, were to be newly constructed on the mainland anywhere on this side of the Property and Homeowners Assoc. Meeting February 16, 2000 Page 9 i lagoon, the cost for a road impact fee would be $1,440, a school impact fee $800, a park impact fee $368, a library impact fee $75 and a public buildings impact fee of $129, for a total $2, 811. If you live in the City of Port St. Lucie you would pay an additional $111 as part of a law enforcement fee that the City levies, and that money would stay in the City of Port St. Lucie. Mr. Murphy stated that as currently proposed, the rates we have in the draft for the Board to review now for the same single family home, the road impact fee would increase to $2, 826, the school impact fee would remain at $800, the parks impact fee would increase to $408, the library fee would increase to $161, and public buildings impact fee would increase to $308. At the request of the fire district, a new EMS impact fee would be a added at a cost of $258. The total then would then be $4,761, plus the additional $111 charge if you build in the City of Port St. Lucie. This is assuming the impact fees would be increased to the maximum level. There is discussion now as to whether or not that will occur, but more than likely the fees will be phased in over a three year period. Mr. Murphy came back to the discussion on school impact fee charges which did not change in the new proposal. He said that the Florida Legislature had put a moratorium on any changes to the educational impact fees, statewide, until July 1, 2000. At the same time the state enacted that moratorium, they created a new educational financial committee, who's charge was to review alternatives to educational impact fees statewide. That committee has presented their report to the legislature and there is action at the legislative level which may or may not result in a banning of statewide impact fees for educational purposes, but at the same time providing the school board with some source of dedicated recurring revenue for capital facility construction. Mr. Murphy brought up the Home Depot issue. He said that we all know that there is always more behind the scenes than what meets the eye. When we deal with commercial development, the County has available to us, programs that allow the County Commission to fund development incentives, impact fee charges for manufacturing businesses. We've used them for the QVC relocation in St. Lucie West, a couple of other operations in the Fort Pierce area, and if you meet certain criteria, any new industrial development is encouraged to take advantage of that. We help ourselves to help the community. That same incentive does not apply to retail however, that may happen. When we deal with operations like Home Depot's, Walmarts, Targets, etc., the County will work with people to facilitate their operations and development. We also provide credits for impact fees. The last thing the County is looking to do is have money sitting in a bank account collecting interest, if we are collecting impact fees, we are collecting them for a purpose, we want to build public projects. He said the impact fee credits are for development to come in, and then to provide public infrastructure. We credit that against their impact fees. He said that for example, the proposed Home Depot situation, they wanted to locate in the County, and they were going to be required to do extensive roadway alterations to meet traffic, as well as addressing other concerns by the City of Port St. Lucie. In all likelihood they would have been eligible for a road impact fee credit, equal to the amount it cost for construction, which means they would not have been paying impact fees, they would have made their particular site access improvements, which would have been a benefit to all of us because we are all going to use the roads. The exact amount has to be worked out on a case by case basis. He further stated that it was important to note that there are ways to get around paying impact fees that will Property and Homeowners Assoc. Meeting Page 10 February 16, 2000 a g no Na% benefit everyone. Mr. Murphy stated that we have been compared to surrounding counties. Commissioner Coward passed out a comparison sheet of impact fees charged by surrounding counties. Mr. Murphy stated there was an typo in the industrial component for road impact fees for Martin County that it should be $972 not $1,280, which changes the total, including administrative charges, to $1,281 for general industrial buildings. He said that we are a little higher on our impact fees, as proposed than they are, but our biggest cost is road construction. We budget roughly one million dollars a lane mile in roadway construction costs, which includes right-of-way, design, mitigation, permitting, construction, inspections, etc. It's not just the asphalt and paving that you see being done, it is much more extensive work than that. Every project varies. We do not believe our impact fees are a negative deterrent to economic growth. The county has adjusted impact fees several times over the years, and we have not seen a drop in permitting related to impact fee activity. There have seen drops in permitting due to economic causes, which this Board or County has no control over. Commissioner Coward asked Mr. Murphy to be more specific, because he had heard a number mentioned, that even with the new impact fees that were phased in by previous boards, that have just come into effect in the last few years, that we actually had a 30% or so increase in development activity last year which was about $52,000,000 more than the prior year after these impact fees were brought in and supposedly squelching economic development. He further stated that was the unincorporated county, that's not the entire county. Mr. Murphy stated that he was correct, the Public Works department to the building inspection operations has been keeping track of all the building activity that has been going on in the county. We have seen about a 30% change in activity in single family residences and some in non-residential. Most of that is focused in the central and south county area.. Local issues are not going to affect us, but we can be affected on a national level. Mr. Murphy then asked for public comment. A gentleman from the audience asked Mr. Murphy why Home Depot moved out if they were going to get the impact fee credit? Mr. Murphy answered that he did not know. Home Depot never contacted the county about impact fee matters. He said there were three people in the county that they would have had to contact on impact fees, the County Administrator, the County Attorney or himself. He said to his knowledge none of them were contacted by Home Depot about the issues of credits or any issues at all. The gentleman asked why the county did not make the comments to Home Depot about the impact fee credits before they had to ask for them? Property and Homeowners Assoc. Meeting February 16, 2000 Page I 1 j Mr. Murphy said that Home Depot never approached the county, they were working strictly with the City of Port St. Lucie. Commissioner Coward said that it was important to stress that the county has an Economic Development Division that is available to assist both cities. We need to improve the intergovernmental coordination, and get back on tract like we did with the QVC example, where we all worked together, and to get the message across loud and clear that the County Commission would like to work with the City Council and the City Commission to try and promote positive economic growth within St. Lucie County. He said that the Home Depot was example where we could have done a much better job and would encourage the City of Port St. Lucie in the future, if they have concerns, to approach us directly and let us know what their perception is of an issue. Let us provide factual information to them to base the decision on. We need to learn from these mistakes and have better coordination between the governments working together, instead of against each other. He said that he could assure you that there is no benefit- to St. Lucie County Commissioners to not have Home Depot come into Port St. Lucie. We would share in the tax revenues, we would also help to diversify our tax base and so forth. Ms. Sandi Simmons stated that there was an opinion she had heard whereas this was a corporate decision that was being made before this became an issue of the impacts. Maybe they looked at the Lowes that had just opened and Home Depot does have a store in Jensen Beach. Mr. Murphy stated that it was not hard to figure out why Home Depot had wanted to locate north of Lowes. Commissioner Coward stated that if the impact fees had been an issue, then why would a major corporation pull out on a Friday, prior to the Monday when the County Commissioners were having their first workshop on impact fees to express their views on the issue. If it was such a concern, wouldn't you wait one working day to find out or contact them prior to the meeting, sit down with them or have your consultants do so? None of this happened. Ms. Shirley Burlingham asked Mr. Murphy when impact fees first go into place in the county? Mr. Murphy answered that we started collecting road impact fees in 1986, school impact fees in 1988, and the parks, libraries, and public buildings impact fees in 1996. Ms. Burlingham asked how many times the fees had been raised in that time? Mr. Murphy said the adjustments have been made to the parks and libraries fees twice, school fees adjusted three times, two of those were tied into the bond issues a few years ago, and the road fees four times, which have been tied into changes in state, federal, gas taxes, and one general amendment done some years ago. Property and Homeowners Assoc. Meeting February 16, 2000 Page 12 Ms. Burlingham stated that considering the growth since 1986, the impact fees have not hurt in any way, and where would the county be now if they had not been put into place. Mr. Murphy stated that the county could show that we have collected approximately $14,000,000 from within the City of Port St. Lucie since impact fees started. We've spent $13,000,000 either directly within the city or with a project in the unincorporated county, but provides direct benefit to the City. So everything we are collecting is being spent back in the City of Port St. Lucie. Commissioner Coward asked Mr. Murphy to clarify that even more, because there is a perception that because only 91% of the dollars collected in Port St. Lucie have been spent back.in Port St. Lucie, that the 9% were spent elsewhere. The 9% is waiting to be spent once you have accumulated enough for a project, but there has been a misconception that the county is taking money out ofPort St. Lucie and spending it elsewhere, and the facts say otherwise. It is simply not the case. Mr. Murphy said in addition to that through various impact fee credits we have issued approximately $15,000,000 in credits, plus or minus. Some to St. Lucie West, Atlantic Gulf, and other developers in this city for various projects. There has been approximately a $30,000,000 transportation investment made into the City of Port St. Lucie or it's immediate contiguous area since we began collecting impact fees. A gentleman from the audience said he wanted to address a couple of items related to Home Depot. In reading three different newspapers, he did not remember which paper, but the article stated that "Home Depot has not made a decision, but will make it this Friday ". According to another of the papers, the article stated that "Home Depot had contacted the county about three or four months ago about locating here. He asked why the initial information or phone numbers were not given to the consultants? Commissioner Coward said that the information was given to them. The gentleman said the many consultants that work in this area need a list of phone numbers too. Commissioner Coward said that they have the numbers, and that he had brought up good issues. The gentleman said that maybe we are failing to communicate with the people that need to know, or the people who need to know are not getting the information from their clients. He said that he did not think this deal was over with. Commissioner Coward agreed with the gentleman, and told him that the County Commission unanimously endorsed writing a letter to Home Depot expressing to them that we are, in fact interested in having them locate in Port St. Lucie, and to clarify the misunderstanding about the impact fee issue. We also believed that the credit could be a significant aspect that may actually mean that they do not have to pay an impact fee, and that we are at their disposal to help provide any information that they may need. Property and Homeowners Assoc. Meeting February 16, 2000 Page 13 Now The gentleman mentioned another article he had read that "Home Depot was tentatively planning to build within the year somewhere in the City of Port St. Lucie ". Another issue is that the City has the right not to charge impact fees. Mr. Murphy stated that at this point the City could not do that. There is a procedure that would allow for the establishment of deferment areas. Commissioner Coward stated that if the City does not have impact fees to help with roads and new infrastructure to accommodate growth, what funding source are they going to use? Mr. Murphy said that the issue with the City of Port St. Lucie has indicated their desire to withdraw from the county impact fee program, with the intent of establishing their own impact fees in about a year from now. Mr. Grande stated that he was privileged to attend the financial meeting in the City of Port St. Lucie when their committee was asked to investigate this. Commissioner Coward asked Mr. Grande if he was referring to the Economic Growth Team which four commissioners had also attended? Mr. Grande said yes, and that it was his understanding under the old impact fee schedule, Home Depot, because of the credits that they would have received for the infrastructure requirement updates that they would have had to made anyway, they would not have been charged anything. Mr. Murphy said that without the figures in front of him, it was hard to say, but they probably would not have had to pay anything. Mr. Grande said that under the new impact fee schedule they would not have been charged anything. Impact fees meant absolutely nothing to Home Depot, they did not ask about it. They did not ask the county or the City of Port St. Lucie. Mr. Grande gave a brief scenario of the financial meeting he had attended, and wanted the representatives to know that the issue with Home Depot was handled badly, both by the special interest groups and the public officials. He further stated that there is a need for the county and the City to work things out over the impact fees. Ms. Betty Lou Wells complimented Mr. Murphy on presenting such a complicated subject to them, so that they can better understand it. She asked whether or not our ordinance is still written so that ten years may elapse from collection to spending of the fees. If the 9% of the fees collected in Port St. Lucie is not spent, there could be a number of years in which they could still spend the 9%. Property and Homeowners Assoc. Meeting February 16, 2000 Page 14 Mr. Murphy stated yes, for instance road construction is expensive, so you have to have a large amount of funds from a variety of sources. Ms. Wells said that we should be trying to get builders and realtors to see a little clearer that our comp plan, and the state law calls for concurrency in building infrastructure, and if that concurrency is not being paid for, then we are required by law to put a moratorium on issuing building permits. Mr. Murphy stated that we do not like to use the word moratorium. Commissioner Coward said that Ms. Wells had brought up a very important issue about short- and long-term implications. If you do not have adequate funding to pay for needed infrastructure in the short-term and growth continues as projected, then the local taxes may have to be raised to pay for long-term infrastructure costs or there may be insufficient revenue to pay for these needed improvements. Under the latter scenario, we may be hindering future economic development if we can not build the roads and other public facilities that are needed to accommodate future growth. Ms. Jeanne Hearn encouraged the representatives to get involved in the decisions on impact fees that are coming before the Planning & Zoning/Local Planning Agency and then the Board of County Commissioners. She said that impact fees may not solve all the problems, but they certainly will help bridge the gap. One of the biggest assets of impact fees is that everyone does not have to pay if they move into a vacant building or home. She further stated that she would like to see our store front filled up. Commissioner Coward stated that Ms. Hearn had brought up a good point. He asked Mr. Murphy to explain how impact fees would relate to a property that already has a building in place. He used Village Green as an example in Port St. Lucie, which the County and City would like to re -develop. Mr. Murphy said that there were two ways you could do it. You can go into the existing space and pay no impact fees, or you can bulldoze it and rebuild it with the same amount of square footage and still pay no impact fees because it is "grandfathered" in. The only time you pay impact fees is when you are creating a new "impact" on new square footage. Ms. Hearn asked whether or not the same impact fee applies to an 800 square foot home versus a larger one. Mr. Murphy stated yes, we do differentiate based upon the square footage of a new home. Martin County does do a square foot differential and Indian River County does not. Ms. Hearn said that it seemed logical that a larger home would have more of an impact than a smaller one because of the larger families, cars, etc. Property and Homeowners Assoc. Meeting February 16, 2000 Page 15 Commissioner Coward followed up on Ms. Hearn's suggestion about attending the upcoming impact fee meetings. He noted that there was a schedule of the meetings attached to their packets. Mr. Fred Cook said that he is retired, has no children, yet he has to pay the high costs for schools, roads, and parks that he does not use, but someone with a younger family would be using them. Mr. Murphy stated that the same thing is happening to his parents in Maryland right now. All their children are gone, but they are still paying the taxes. Commissioner Coward said that ifyou roll back the clock, those folks when younger and had children were being subsidized by the older folks, it's the same. Mr. Murphy brought back up the issue of the educational impact fee. He said that if you live in a dedicated retirement community, it is possible because of the deed restrictions, that if no one of school age can live there, then it would be possible to have those fees waved. You would have to get a separate agreement to do that. Mr. Herb Beach stated that he was in favor of impact fees. He asked whether or not manufactured homes were considered single family homes. Mr. Murphy answered yes and no. A manufactured home outside of a mobile home park is considered to be a single family home, if you are inside a mobile home you would be considered to be a mobile home for purposes of assessment. You would have to pay something, impact fees would be about 60% of the charges. Commissioner Coward said that unless they then convert it, which is being done in some of the areas where mobile homes are being converted to stick built. Then you would be charged the difference. Mr. Beach stated that he thought the county should take another look at that, because manufactured homes are being used, not as mobile homes, but as manufactured homes. Mr. Grande stated that the criteria is whether or not you rent or own the land. Commissioner Coward said that did not apply on impact fees, you must mean property taxes. Mr. Grande said that he was speaking about taxes, that he had thought that was what Mr. Beach was talking about. Mr. Murphy stated that he would leave that one to the Property Appraiser. Property and Homeowners Assoc. Meeting February 16, 2000 Page 16 Commissioner Coward and the representatives thanked Mr. Murphy for his informative presentation. Commissioner Coward asked the representatives if they wanted to take any action today on the impact fee issue. He asked if they felt like they needed more information, or if they wanted to attend a workshop and express their views. He said that he was open to ideas as to how the homeowners would like to proceed. Mr. Grande said that he did not think that they were ready to take action today, or even if this is the venue for an action that needs to be taken. He said that he had suggested that topic because he thought the homeowners representatives should get a better understanding of impact fees. Commissioner Coward stated that he agreed with Mr. Grande. Mr. Grande said that the county comprehensive plan, both the existing and the new one that is being drafted, clearly states that the infrastructure requirements for a new development must be paid by those people occupying the new development. So for us not to increase the impact fees would be going directly opposite to our existing and our new comprehensive plan. If you do not pay for the infrastructure through impact fees, the only alternative is that you will pay through increased real estate taxes. Should the people who require the new infrastructure pay for it, or should ygu pay for the infrastructure for the new people coming in. Mr. Tom Robb stated that because of the Home Depot situation, we do need more coordination between the County and the City of Port St. Lucie. He said that if there is an outside chance that Home Depot has not made a final decision, then the letter from the County Commissioners is fine, but if the decision is not made by Friday, then someone from the County Commission should personally call them. Mr. Al Lagerstrom announced that on February 23`d at 10:00 a.m. there will be a groundbreaking ceremony on the traffic light at Winter Garden Parkway. There was a round of applause from the representatives and the audience. Mr. Bob Bangert stated that he wanted everyone to know we were all going to be rich! He restated a portion of an article in Kiplinger's personal finance regarding Appreciation and Property Values Over the Next Ten Years. "The number one city in the country for property appreciation is Naples Florida at 75%. Number four is Orlando, number ten is Tampa, and number eleven is Fort Pierce at 67. 2% anticipated appreciation increase over the next ten years ". He said he hoped that everyone enjoyed their wealth! Property and Homeowners Assoc. Meeting FeMuary 16, 2000 Page 17 'rrr ) *4. Commissioner Coward asked the representatives for a recommendation on the topic for next month's meeting. Their was a general discussion among Commissioner Coward and the representatives regarding utilizing the existing land at the airport and relocating the fairgrounds. Commissioner Coward updated the representatives on the County project list now being considered in Tallahassee. It was the consensus of the representatives to discuss the St. Lucie County Airport, the upland spoil site, and to have a guest speaker to speak regarding the Census 2000 at their March 8, 2000 meeting. Mr. Mike DiPalermo, St. Lucie County Sheriff made an announcement about the annual picnic being put on by the Sheriffs Department to benefit the St. Lucie County Crime Prevention Association. The picnic will be held on March 4, 2000, at the St. Lucie County Civic Center, beginning at 12:00 p.m. to 2:30 p.m. The price of the tickets are $7.00 for adults and $5.00 for kids under twelve. Ms. Betty Lou Wells reminded the representatives of the upcoming meetings on the Comp Plan and Impact Fees. Mr. Beach said that he would also like a discussion on the historic house in White'City added to the agenda at next month's meeting. Commissioner Coward and the representatives agreed with Mr. Beach's request. Commissioner Coward thanked everyone for attending the meeting and adjourned the meeting at 11:05 a.m. Respectfully submitted by: Charline Burgess, Administrative Assistant to Commissioner Doug Coward Property and Homeowner: Assoc. Meeting February 16, 2000 Page 18 om In Property and Homeowners Assoc. Meeting February 16, 2000 Page 19 Iry AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration SUBJECT: Treasure Coast Health Council, Inc. I s& NO. 5B DATE: April 11, 2000 REGULAR [ X ] PUBLIC HEARING[ ] CONSENT[ ] PRESENTED BY: Doug Anderson County Administrator BACKGROUND: On February 4, 2000, Barbara Jacobowitz, Executive Director of the Treasure Coast Health Council, Inc. sent notification to Administration that the current Health Care Provider representative for St. Lucie County was resigning. She requested that we fill this vacancy. FUNDS AVAILABLE: N/A PREVIOUS ACTION: November 20, 1999 - An ad was placed in the Port St. Lucie News and the Tribune requesting nominees for the Treasure Coast Health Council, Inc. Only one reply was received. On March 31, 2000 an additional application was received. RECOMMENDATION: Staff recommends filling the vacancy for the Health Care Provider Appointment on the Treasure Coast Health Council from the two applicants received. COMMISSION ACTION: [ XJ APPROVED [ ] DENIED [ ] OTHER: D. Richard Claussen Appointed (5-0) County Attorney: Review and Approvals Management & Budget Olugla Anderson ount Administrator Purchasing: originating Dept. Other: other: Finance: (Check for Copy only, if applicable) Eff. 5196 TreasureCoast Interi. th Coalition Fort Pierce Alzheimer's/Parkinson's Program c/o Parkview Baptist Church 403 Hayes Road Fort Pierce, FL 34950 (561) 489-6015/FAX (561) 489-6016 D. RICHARD CLAASSEN, PH. D., DIRECTOR APPLICATION FOR SERVING ON COUNTY BOARDS AND COMMITTEES 1. I am interested in serving on Treasure Coast Health Council, Inc.; FI. Dept of Children and Family Services Nominating Qualifications Review Committee District 15. 2. D. Richard Claassen Home Phone 561-461-3103 Work Phone 561-489-6015 3, 2607 Chesterfield Dr., Ft. Pierce. FL 34982 4. District four 5. Project Coordinator, Treasure Coast Interfaith Coalition, Alzheimer Program 6. %Parkview Baptist Church, 403 Hayes Road, Ft. Pierce, FL 34952 Phone 489-6015 7. Attached 8. No 9. 1 don't honestly know whether I am qualified because I don't know enough of what the Committee does. If it looks like something beyond my capabilities I will withdraw my application. However, my wide range of experience and interest in community service are a consideration. Also, I am adaptable and willing to learn new responsibilities. 10. Yes. FI. Dept. of Children and Family Services Committee District 15, Children's services Council, or wherever I can be useful. 11. 1 believe in community involvement and would like to apply my efforts where they may be of value. 1 SIGNATURE 00, DATE December 2, 1999 TREASURE COAST INTERFA A COAUTION FORT PIERCE A E/MER SPAR /NSON S PROQRAM D. RIChARd CIAASSEN, Pk.D. Program Coordinator c/o Parkview Baptist Church 403 Hayes Road • Fort Pierce, Florida 34950 (561) 489-6015 • Fax (561) 489-6016 DEC - 31999 ; 4' L ... CO. ADIV^,IN. OFFICE 1 n 2607 Chesterfield Or Ft. Pierce, FL 34982 D/ Richard ClaaOft-n Phone 561-461-3103 Fax 561-461-0949 Summary of 1998 - Present Treasure Coast Interfaith Coalition qualifications Ft. Pierce, FL Project Coordinator ■ To establish and direct comprehensive program for community care of frail elderly and disabled Education ■ Ph.D./ Psychology Professional 1969 —1982 Bowen Center for Human Services Warsaw, Indiana experience Director of Alcohol Treatment Services ■ Wrote grant application, planned and administered substance abuse treatment program for five county area. Additional professional 1958 —1969 Ward Director St. Peter State Hospital St. Peter, Minn. activities Program for institutionalized mental patients 1955 —1958 Social Worker Knoxville VA Hospital Knoxville, Iowa social work program 1951 —1955 County Child Welfare worker Audubon/Shelby Counties, lows Administered county welfare program Community Westside Baptist Church activities Parkinson Self-help Group of the Treasure Coast, Inc Director 1997-present (publish newsletter) N. St. Lucie County Alzheimer Group, Director 1998 — present (publish newsletter) St. Lucie County Council on Social Agencies 1998 — present St. Lucie County Veterans Council 1995 — present $hands HomeCare Advisory Board 1997 —1999 Project Vision Board of Directors 1998 — present 041 M Community activities (continued) Veterans of Foreign Wars. Post 8058 Life member Disabled American Veterans, Ch. 14 Life member Commander 1997-19999 (publish newsletter) American Legion Post 40 Life member Gideon Society References 1. Dale Ingersoll, Pastor WestSide Baptist Church 3361 /s, Jenkins Rd. Ft. Pierce, FL 34981 2. Hoyt C. Murphy, Jr. 411 N. US 1 Ft. Pierce, FL 34950 3. Paul Hiott Director Veterans Service Center 2300 Virginia Ave. Ft. Pierce, FL 34982 Awards received 1999 Volunteer of the Year Award, for St. Lucie/Martin Counties, awarded by J.C.Penney Golden Rule Foundation 03-31-00 04:21pm From-LAWNWOOD ADMIN, +5814801358 T-075 P.02/02 F-730 Lawnwood Re 'onal Medical Center 1 700 South 23rd 5trect P.O. Box 'i a8 R. Plerce. Florida 3495"188 PnOhQ (561J 461.4000 COLUMNA's homk page to 77*:i+'w wCOArmbband March 31, 2000 Doug Anderson County Manager St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Dear 1W Anderson: In response to your request for a nominee for the Health planning Council, I would like to nominate Beth Tuttle, Director of Public Relations for Lawnwood Regional Medical Center. Beth can be reached at 469-4441 and her address is 1700 South 23rd Street, P'.Q. Box 188, Fort Pierce, 34954-0188. We appreciate the opportunity to recommend a representative to this important planning organization. If you have any questions, please feel free to give me a call at 468-4500 or contact Beth at the number provided above. Sincerely, h Thomas R. Pcntz, En NOMINEES SOUGHT FOR TREASURE COAST HEALTH COUNCIL, INC. The Board of County Commissioners, St. Lucie County, Florida, is currently seeking applications from persons desiring to be nominated for appointment by the Board of County Commissioners to serve on the Treasure Coast Health Council, Inc. Nominees must be a resident of St. Lucie County, and shall be representatives of health care providers, health care purchasers, and non governmental health care consumers, but not excluding elected governmental officials. Members shall serve for terms of two (2) years and may be eligible for reappointment. Interested persons should submit a letter of interest and resume to Douglas M. Anderson, County Administrator, 2300 Virginia Avenue, Fort Pierce, FL 34982. The deadline for submission is December 3, 1999. PUBLISH DATE: November 20, 1999 PUBLISHER: The Port St. Lucie News and the Tribune TYPE AD: Block PROOF TO: St. Lucie County Attorney 2300 Virginia Avenue 3`d Floor Administration Annex Fort Pierce, FL 34982 BILL TO: St. Lucie County Board of County Commissioners 2300 Virginia Avenue 3rd Floor Administration Annex Fort Pierce, FL 34982 COPIES TO: Board of County Commissioners County Attorney Finance Director TREASURE COAST HEALTH COUNCIL, INC. 4152 W. BLUE HERON BOULEVARD, SUITE 229 i RIVIERA BEACH, FL 33404 / TEL (561) 844-4220 ♦ FAX (561) 844-3310 f f, BOARD OF DMCTORS EDWARD H. FISCHMAN, WP.M Chair EUGENE F. SANTORO Vice -Chair TRUDIWEBB Secretary/Treasurer CHRISTOPHER H. COFFEY LILLIAN DE CICCO FAYE A. HAVERLOCK JOAN L. JOHNSON JEAN M. MALECKI, M.D. STAFF BARBARA H. JACOBOWITZ, M.S. Executive Director SARA-ELLEN BLAKE, B.A., B.S. Administrative Assistant/ CON Program Director LISA M. GRAY, MSP Director of Health Planning ANDEE HASBROOK TCHC Fiscal Grants Coordinator LISA G. McWHORTER, M.S. Treasure Coast Contract Administrator PAM NEAL TCHC HIV Clerk PAT O'BRIEN, B.A. PBC HIV Prevention Specialist DIANE T. PAOLANGELI, M.P.S. PBC Ryan White Tide D Coordinator AND PBC HIV CARE COUNCIL STAFF February 4, 2000 Mr. Douglas Anderson Administrator Q f� r f ID n \D St. Lucie County Administration CC- 2300 Virginia Avenue ! �% Fort Pierce, FL 34982 Dear Mr. Anderson: � 1 F E B - 9 2000 L-. � L______..._..____.�._ z /) CO. f` DT? 111V. OFFICE As required under Section 408.033, Florida Statutes, I am contacting you with regard to appointments to the Treasure Coast Health Council Board of Directors. Eugene Santoro currently fills the slot of "provider" and there remains an empty slot in the "purchaser" category. It is my understanding that Mr. Santoro is no longer working with Port St. Lucie Medical Center and he has verbally conveyed to me that he will be resigning from the Health Council Board and moving to North Carolina. Even though we have not received a resignation letter from Mr. Santoro, he no longer qualifies for the "provider" slot. , herefore, at the present time, there is no representation from St T I_ cie—C ty nn th_ a Council Board. Enclosed is a copy of the pertinent statute. The following slot definitions are in accordance with Chapter 10-5.002, Florida Administrative Codes: Health Care Provider: an individual who delivers health services or who is a member of an organization that delivers health services. Health care providers include but are not limited to physicians, medical doctors, osteopaths, dentists, podiatrists, nurses, chiropractors, physician assistants, dental assistants, mental health professionals and other allied health professionals, administrators and employees of health care institutions. Health Care Purchaser: an individual who is responsible for or an authorized member of an organization or agency which is responsible for the purchasing of health services for a group of 25 or more individuals whether directly or through acquisition of health insurance coverage. Health care purchasers as described above include, but are not limited to representatives of individual businesses, employer coalitions, governmental units, labor organizations, consumer groups and health insurers. SERVING INDIAN RIVER, MARTIN, OKEECHOBEE, PALM BEACH AND ST. LUCIE COUNTIES Please notify the County Commissioners as to the availability of these two slots. If there are no nominations from the Commission, then we will place an ad in the local newspapers soliciting nominations. Thank you for your assistance with this request. If you have any questions, please do not hesitate to contact me at (561) 844-4220 ext. 25 or Sara -Ellen Blake at ext. 22. Sincerely, X� J'a'z'ec Barbara H. Jacobowitz Executive Director Enclosure cc: TCHC Board File SERVING INDIAN RIVER, MARTIN, OKEECHOBEE, PALM BEACH AND ST. LUCIE COUNTIES The Florida Statutes Page 1 of 5 The 1999 Florida Statutes View Statutes Order Statutes Online Sunshine Print View Title XXIX Chapter_408 View Entire Chapter PUBLIC HEALTH Health Care Administration 408.033 Local and state health planning.-- (1) LOCAL HEALTH COUNCILS. -- (a) Local health councils are hereby established as public or private nonprofit agencies serving the counties of a district or regional area of the agency. The members of each council shall be appointed in an equitable manner by the county commissions having jurisdiction in the respective district. Each council shall be composed of a number of persons equal to 11/2 times the number of counties which compose the district or 12 members, whichever is greater. Each county in a district shall be entitled to at least one member on the council. The balance of the membership of the council shall be allocated among the counties of the district on the basis of population rounded to the nearest whole number; except that in a district composed of only two counties, no county shall have fewer than four members. The appointees shall be representatives of health care providers, health care purchasers, and nongovernmental health care consumers, but not excluding elected government officials. The members of the consumer group shall include a representative number of persons over 60 years of age. A majority of council members shall consist of health care purchasers and health care consumers. The local health council shall provide each county commission a schedule for appointing council members to ensure that council membership complies with the requirements of this paragraph. The members of the local health council shall elect a chair. Members shall serve for terms of 2 years and may be eligible for reappointment. (b) Each local health council may: 1. Develop a district or regional area health plan that is consistent with the objectives and strategies in the state health plan, but that shall permit each local health council to develop strategies and set priorities for implementation based on its unique local health needs. The district or regional area health plan must contain preferences for the development of health services and facilities, which may be considered by the agency in its review of certificate -of -need applications. The district health plan shall be submitted to the agency and updated periodically. The district health plans shall use a uniform format and be submitted to the agency according to a schedule developed by the agency in conjunction with the local health councils. The schedule must provide for coordination between the development of the state health plan and the district health plans and for the development of district health plans by major sections over a multiyear period. The elements of a district plan which are necessary to the review of certificate -of -need applications for proposed projects within the district may be adopted by the agency as a part of its rules. 2. Advise the agency on health care issues and resource allocations. 3. Promote public awareness of community health needs, emphasizing health promotion and cost-effective health service selection. http://www.leg.state.fl.us/citizen/documents/statutes/StatuteBrowser99/inde.../SEC033.HT 01/06/2000 R The Florida Statutes *90i Page 2 of 5 4. Collect data and conduct analyses and studies related to health care needs of the district, including the needs of medically indigent persons, and assist the agency and other state agencies in carrying out data collection activities that relate to the functions in this subsection. 5. Monitor the onsite construction progress, if any, of certificate -of -need approved projects and report council findings to the agency on forms provided by the agency. 6. Advise and assist any regional planning councils within each district that have elected to address health issues in their strategic regional policy plans with the development of the health element of the plans to address the health goals and policies in the State Comprehensive Plan. 7. Advise and assist local governments within each district on the development of an optional health plan element of the comprehensive plan provided in chapter 163, to assure compatibility with the health goals and policies in the State Comprehensive Plan and district health plan. To facilitate the implementation of this section, the local health council shall annually provide the local governments in its service area, upon request, with: a. A copy and appropriate updates of the district health plan; b. A report of hospital and nursing home utilization statistics for facilities within the local government jurisdiction; and c. Applicable agency rules and calculated need methodologies for health facilities and services regulated under s. 408.0 4 for the district served by the local health council. 8. Monitor and evaluate the adequacy, appropriateness, and effectiveness, within the district, of local, state, federal, and private funds distributed to meet the needs of the medically indigent and other underserved population groups. 9. In conjunction with the Agency for Health Care Administration, plan for services at the local level for persons infected with the human immunodeficiency virus. 10. Provide technical assistance to encourage and support activities by providers, purchasers, consumers, and local, regional, and state agencies in meeting the health care goals, objectives, and policies adopted by the local health council. 11. Provide the agency with data required by rule for the review of certificate - of -need applications and the projection of need for health services and facilities in the district. (c) Local health councils may conduct public hearings pursuant to s. 408.039 (3)(b). (d) Each local health council shall enter into a memorandum of agreement with each regional planning council in its district that elects to address health issues in its strategic regional policy plan. In addition, each local health council shall http://www.leg.state.fl.us/citizen/documents/statutes/StatuteBrowser99/inde.../SEC033.HT 01/06/2000 c The Florida Statutes fir►, ../ Page 3 of 5 includes an optional health element in its comprehensive plan. Each memorandum of agreement must specify the manner in which each local government, regional planning council, and local health council will coordinate its activities to ensure a unified approach to health planning and implementation efforts. (e) Local health councils may employ personnel or contract for staffing services with persons who possess appropriate qualifications to carry out the councils' purposes. However, such personnel are not state employees. (f) Personnel of the local health councils shall provide an annual orientation to council members about council member responsibilities. The orientation shall include presentations and participation by agency staff. (g) Each local health council is authorized to accept and receive, in furtherance of its health planning functions, funds, grants, and services from governmental agencies and from private or civic sources and to perform studies related to local health planning in exchange for such funds, grants, or services. Each local health council shall, no later than January 30 of each year, render an accounting of the receipt and disbursement of such funds received by it to the agency. The agency shall consolidate all such reports and submit such consolidated report to the Legislature no later than March 1 of each year. Funds received by a local health council pursuant to this paragraph shall not be deemed to be a substitute for, or an offset against, any funding provided pursuant to subsection (2). (2) FUNDING. -- (a) The Legislature intends that the cost of local health councils be borne by application fees for certificates of need and by assessments on selected health care facilities subject to facility licensure by the Agency for Health Care Administration, including abortion clinics, assisted living facilities, ambulatory surgical centers, birthing centers, clinical laboratories except community nonprofit blood banks and clinical laboratories operated by practitioners for exclusive use regulated under s. 483.035, home health agencies, hospices, hospitals, intermediate care facilities for the developmentally disabled, nursing homes, and multiphasic testing centers and by assessments on organizations subject to certification by the agency pursuant to chapter 641, part III, including health maintenance organizations and prepaid health clinics. (b)1. A hospital licensed under chapter 395, a nursing home licensed under chapter 400, and an assisted living facility licensed under chapter 400 shall be assessed an annual fee based on number of beds. 2. All other facilities and organizations listed in paragraph (a) shall each be assessed an annual fee of $150. 3. Facilities operated by the Department of Children and Family Services, the Department of Health, or the Department of Corrections and any hospital which meets the definition of rural hospital pursuant to s. 395.602 are exempt from the assessment required in this subsection. (c)1. The agency shall, by rule, establish fees for hospitals and nursing homes based on an assessment of $2 per bed. However, no such facility shall be http://www.leg.state.fl.us/citizen/documents/statutes/StatuteBrowser99/inde.../SEC033.HT 01/06/2000 The Florida Statutes Page 4 of 5 assessea more tnan a rorai or 4,.-)uu under rnis suosection. 2. The agency shall, by rule, establish fees for assisted living facilities based on an assessment of $1 per bed. However, no such facility shall be assessed more than a total of $150 under this subsection. 3. The agency shall, by rule, establish an annual fee of $150 for all other facilities and organizations listed in paragraph (a). (d) The agency shall, by rule, establish a facility billing and collection process for the billing and collection of the health facility fees authorized by this subsection. (e) A health facility which is assessed a fee under this subsection is subject to a fine of $100 per day for each day in which the facility is late in submitting its annual fee up to maximum of the annual fee owed by the facility. A facility which refuses to pay the fee or fine is subject to the forfeiture of its license. (f) The agency shall deposit in the Health Care Trust Fund all health care facility assessments that are assessed under this subsection and proceeds from the certificate -of -need application fees. The agency shall transfer to the Department of Health an amount sufficient to maintain the aggregate funding level for the local health councils as specified in the General Appropriations Act. The remaining certificate -of -need application fees shall be used only for the purpose of administering the Health Facility and Services Development Act. (3) DUTIES AND RESPONSIBILITIES OF THE AGENCY. -- (a) The agency, in conjunction with the local health councils, is responsible for the planning of all health care services in the state and for the preparation of the state health plan. (b) The agency shall develop and maintain a comprehensive health care database for the purpose of health planning and for certificate -of -need determinations. The agency or its contractor is authorized to require the submission of information from health facilities, health service providers, and licensed health professionals which is determined by the agency, through rule, to be necessary for meeting the agency's responsibilities as established in this section. (c) The agency shall assist personnel of the local health councils in providing an annual orientation to council members about council member responsibilities. (d) The agency shall contract with the local health councils for the services specified in subsection (1). All contract funds shall be distributed according to an allocation plan developed by the agency that provides for a minimum and equal funding base for each local health council. Any remaining funds shall be distributed based on adjustments for workload. The agency may also make grants to or reimburse local health councils from federal funds provided to the state for activities related to those functions set forth in this section. The agency may withhold funds from a local health council or cancel its contract with a local health council which does not meet performance standards agreed upon by the agency and local health councils. http://www.leg.state.fl.us/citizen/documents/statutes/StatuteBrowser99/inde.../SEC033.HT 01/06/2000 ► The Florida Statutes *%w C" Page 5 of 5 ..., 41* _. w............, _........._ ., _, _... _ _ ., -"* ,._ -- ., —29; SS. 15, 17, ch. 92-33; s. 2, ch. 92-174; s. 66, ch. 92-289; s. 22, ch. 93-120; s. 11, ch. 93-129; s. 33, ch. 93-206; s. 8, ch. 93-267; s. 9, ch. 95-144; s. 29, ch. 95-210; s. 3, ch. 95-394; s. 11, ch. 97-79; s. 1, ch. 97-91; s. 35, ch. 97-103; s. 62, ch. 97-237; s. 175, ch. 99-8. Note. --Fortner s. 381.703. http://www.leg.state.fl.us/citizen/documents/statutes/StatuteBrowser99/inde.../SEC033.HT 01/06/2000 Cm m SUBJECT: TREASURE COAST HEALTH COUNCIL PLEASE SELECT ONE (1) D. Richard Claussen Beth Tuttle COMMISSIONER'S SIGNATURE: ��i cm `400 SUBJECT: TREASURE COAST HEALTH COUNCIL COMMISSIONER'S SIGNATURE: -- m Ivo SUBJECT: i e TREASURE COAST HEALTH COUNCIL PLEASE SELECT ONE C 1 COMMISSIONER'S SIGNATU�E: �rin�n m voo SUBJECT: TREASURE COAST HEALTH COUNCIL PLEASE SELECT ONE (1 D. Richard Claussen / Beth Tuttle COMMISSIONER'S SIGNATURE: lm M SUBJECT: TREASURE COAST HEALTH COUNCIL nr v.&cr c=B izr r nW17 fl I I COMMISSIONER'S SIGNATURE: o' m En SUBJECT: TREASURE COAST HEALTH COUNCIL r,r, r1 x L-= 017T 17rvlr MW Cl I --t "Lmm-t En TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ADMINISTRATION SUBJECT: PORT OF FT. PIERCE BACKGROUND: SEE ATTACHED MEMORANDUM ITEM NO. AGENDA REQUEST DATE: APRIL 11, 2000 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: DOUG ANDERSON FUNDS AVAIL.(State type & No. of transaction or N/A): N/A PREVIOUS ACTION: NONE RECOMMENDATION: STAFF RECOMMENDS THAT COUNTY STAFF BE AUTHORIZED TO WORK IN CONJUNCTION WITH THE CITY OF FT. PIERCE AND MR. LLOYD BELL, THE NEW OWNER OF THE PORT PROPERTY, TO PREPARE A WORKING PLAN FOR THE DEVELOPMENT OF THE PORT OF FT. PIERCE TO INCLUDE EXPLORING THE PROPOSAL FROM THE TRUST FOR PUBLIC LANDS. COMMISSION ACTION: [.X] APPROVED [ ] DENIED [ ] OTHER: Review and Avvrovals County Attorney: Management & Budget Originating Dept. other: Finance: (Check for Copy only, if applicable) i S M. ANDERSON y Administrator Purchasing : Other: Eff. 5/96 M MEMORANDUM#00-55 TO: BOARD OF COUNTY FROM: DOUGLAS M. ANDERSON,<OUNTY ADMINISTRATOR DATE: APRIL 6, 2000 SUBJECT: PORT OF FORT PIERCE As you know, on Thursday February 24' the Fort Pierce City Commission held a workshop to discuss the city's acquisition and development of the Port of Fort Pierce. At this workshop they requested that St. Lucie County government work in conjunction with the City to pursue these goals. `d, I received a letter from Mr. Lloyd Bell of Destin Beach, Inc. who is the new owner Today, April 3 of the Port property as of March 27'. In his letter he indicates that he would like to work with the County and the City of Fort Pierce to implement the adopted 1996 Port Charrette. I have also attached a letter received today from the Trust for Public Lands offering their assistance and presenting their proposal. Staff recommends that County staff be authorized to work in conjunction with the City ofFort Pierce and Mr. Lloyd Bell, the new owner of the Port property, to prepare a working plan for the development of the Port of Fort Pierce to include exploring the proposal from the Trust for Public Lands. Thank you. DMA:00-55 c: Robert Bradshaw, Assistant County Administrator Julia Shewchuk, Community Development Director Ray Wazny, Public Works Director Dan McIntyre, County Attorney err►' 1400 Destin Beach Inc. c/o Ann Bell, Destin Towers Box B 1008 U.S. 98 East, Destin, FL 32541 March 31, 2000 Mr. Douglas Anderson County Administrator St. Lucie County 2300 Virginia Avenue �j Ft. Pierce, FL 34982-5652 RE: Port of Ft. Pierce , J Dear Mr. Anderson, Recently I participated with you in a press conference where I announced that I had reached n agreement with WCI for the purchase of what is known as the Port of Ft. Pierce. I am happy to inform you that this transaction was completed on the afternoon of March 27, 2000. My primary intention for buying this Port property is to insure a long term efficient shipping and receiving point on the Southeast Florida coast for Bahamian fruits and vegetables. A special emphasis is planned for North Andros Island. Before making this purchase I visited with Mr. Ramon Trias and Mr. Dennis Beach of the City of Ft. Pierce and I talked with other government officials from both the City of Ft. Pierce and St. Lucie County. Unfortunately my time was limited in each case, but with the excellent cooperation of your Economic Development Division, I have been able to obtain an extensive amount of information on the property and its history. It is my intention to work in close harmony with both the City of Ft. Pierce and St. Lucie County to develop a working plan aligned with the best long term interests of involved parties. This can only be accomplished with much study and planning, and therefore, no great changes should be soon expected. Examination of my background including a formal education at the University of Kentucky, graduate work at the Institute of Technology at Monterey, Mexico and the University of Miami, and over 40 years of continuing association with Bahamian development, will strongly indicate what to expect of me. I appreciate the assistance you have given me to date and I look forward to working with you to implement the 1996 adopted Port of Ft. Pierce Charrette. It is now time for us to discuss the desires of the County for development of the Port. I would appreciate your obtaining the proper authority from the Board of County Commissioners to initiate a long term plan with me, the City of Ft. Pierce, other property owners and users of the Port. I will be contacting your office in the near future to set up an appointment. Sincerely, Lloy e 2 ► CO. ADMIN. OFFICE M E5 TO: FROM: INTEROFFICE MEMORANDUM Mayor and Members of City Commission , SUBJECT: DATE Dennis W. Beach - AAA -_ City Manager r CO. A C PORT AND WATERFRONT RELATED DEVELOP N- - March 29, 2000 As a follow up from our February 24,2000 Commission Workshop regarding the City's involvement in the acquisition and development of the Port property, we should consider advertising for a consultant/advisor with experience in this type of development. As indicated in my January 10,2000 memorandum to the City Commission, we will need professional guidance in the preparation of a specific plan ofwork that will include funding and implementation strategies. The consultant/advisor will work with City and County staff to analyze and design the best conceptual use of the property, structure financing utilizing public, private and grant money, assist and advise in the selection of private developers and most importantly draft an implementation strategy. The basis for the scope of work for consultants could be structured around the attached document entitled "Fort Pierce Port Partnership - March 1,2000". This document was submitted to the City by Maritime Trust Company and can serve as an effective guide for soliciting proposals from private consultants. The recommendation is that the City Commission authorize staff to Request Proposals that would start with statements of qualifications from interested firms. From the statement of qualifications we would select the most qualified for further negotiations. As in past practice, if we are unsuccessful in negotiating an acceptable agreement with the number one selected firm, we would go to the next on the list. This action by the City Commission does not result in a financial commitment at this time and will serve to move the process forward. Attachments cc: Hector P. Arias, City Engineer Ramon Trias, Director of Development Douglas M. Anderson, Administrator, Saint Lucie County 0 INTEROFFICE MEMORANDUM TO: Mayor and Members of City Commission FROM: Dennis W. Beach City Manager 64� SUBJECT: PORT OF FORT PIERCE DATE: January 10, 2000 Watermark Communities, Inc. recently advised Saint Lucie County that they will not be developing their property at the Port of Fort Pierce, and that the property is for sale. This takes the Port issue back to where it was two years ago when the County was actively pursuing purchase from the McArthur Foundation, as a result of the community consensus reached during the 1996 Port Charrette. You will recall that the McArthur Foundation withdrew from negotiations with the County because they wanted to sell all of their property in Florida in one transaction. After meetings with the County Administrator, members of his staff and the Florida Ports Council, I am convinced that the future development of the port property will be determined by the public infrastructure that must be put in place. There appears to be a number of sources of funds for infrastructure financing, however, they all tie to the requirement of the land being publicly owned. The infrastructure includes the North Entrance, Second Street extension, bulkheads and associated drainage and utility facilities. All of these projects were discussed during the Port Charrette and were included in the Charrette Master Plan. Funds appear to be available on a shared basis to acquire the property and build the infrastructure if the acquired property and improvements are port or transportation related. In my judgment if the public (City and County) does not do this it simply will not happen. The County currently appears interested in working with Fort Pierce to find the most appropriate means to develop the waterfront property. The questions become, what role does the City of Fort Pierce want to take in this matter? What will we gain with the productive use of this property? What will be lost if the property remains vacant and unproductive? Will the property develop without a push from the public sector? Our Current choices include doing nothing, which will result in leaving the development of the Port property in the realm of chance. The positive side of doing nothing is zero risk. The negative side of doing nothing is that it is very unlikely that the private sector will develop the land, as the infrastructure costs are very significant. r11✓ vsl� Mayor and Members of City Commission Re: Port of Fort Pierce January 10, 2000 Page 2 Another choice is to request that Saint Lucie County partner with the City and develop financing to acquire the property and secure the resources to build the infrastructure necessary to guide the property to the results we are seeking. The positive side of this strategy is that we will be proactive and will create the waterfront activity desired by the community with the corresponding economic benefit. Furthermore, it is the only strategy that would insure the implementation of the Charrette Master Plan. The negative side of this strategy is that we assume the risk of failure and the corresponding financial loss associated with that failure. There are no current estimates of the total investment needed to make the property developable, however, the purchase price of the vacant property is between $8 and 10 million. This amount may be available through a loan from the Sunshine State Governmental Financing Commission and if we are eligible, could be obtained in ninety (90) days from the date we qualified. If we purchase the Port property we should secure adequate financing to service the debt for five (5) years. During that time period we should complete the infrastructure and sell the property back to the private sector for development. This strategy has been used by other cities to implement development plans in the public interest. For example, West Palm Beach developed City Place with similar financing. In addition, developing infrastructure to facilitate private investment and economic development is a typical role of cities and counties. The objective of the selling price would be to clear our debt and expenses associated with the project. There are many other sources of funds for infrastructure improvements that include the Florida Seaport, Tourism and Economic Development Council; Department of Transportation: Economic Development Transportation Funds, special legislative appropriations and fast track funding (high speed rail funds). If you choose to pursue this approach, it will be necessary to select a consultant/advisor with experience in this area to guide and design the specific plan of work that will consist of a funding and implementation strategy. However, we can start immediately with negotiations and work concurrently on acquisition, funding and consultant selection. The consultant will be involved in the infrastructure design, funding and marketing phase of the development. For reference, please find attached the Port of Fort Pierce Charrette Report, WCI's letter to the County Administrator outlining their intentions, correspondence from Dunlap and Associates regarding a financing option, a color rendering depicting land use and acreage of each use and a map reflecting the property for sale by WCI. Attachments cc: Ramon Trias, Director of Development Saint Lucie Board of Commissioners Douglas M. Anderson, Administrator, Saint Lucie County n FORT PIERCE PORT PARTNERSHIP March 1, 2000 This discussion document expands on the five objectives suggested as part of a Master Development Agreement between the City of Fort Pierce and Maritime Trust Company. The plain text indicates the purpose of each objective. The italicized text describes the role of Maritime Trust Company. • analyze the best conceptual use of the property Market and planning evaluations will indicate viable development strategies and their timing. Values of property in various uses will be studied, including maritime, com- mercial, residential, mixed use and recreational alternatives. Phasing of project com- ponents will be considered. Measurable project goals will be established. The City and Maritime Trust will jointly compare market information and select experts to formally evaluate the development milieu. Selection of specialty consultants will be conducted using appropriate public procurement methods. Maritime Trust will prepare zonal development strategies for each of the primary and secondary zones within the port area and assign preliminary phasing timelines. We will then combine our efforts to draft an initial set ofgoals. • create a team of advisors The master development partnership will be guided by community leaders, waterfront experts, users, developers and citizens to insure that the project takes a form that meets the defined goals. The advisors will meet regularly to evaluate progress and to review new information. The advisors will sponsor public presentations of the project's progress to insure community awareness and support. Maritime Trust will help enlist appropriate advisors, prepare and present briefings on project progress, promote the public awareness sessions and recommend any revisions to the implementation plan that may be justified by new information or advisor input. • structure creative financing utilizing public, private and grant money Total project financing will be achieved from the sum of several component parts and will be contingent on the availability of various types of funds: public, private and grants. Availability of funds is based on private sector interest, market demand for the proposed facilities, economic conditions in the community and the ability to apply for and receive grants. The availability of funds for different elements of the project may dictate when or whether an element is constructed. Initial market feasibility indications may signal financial feasibility for each component. Maritime Trust will assist the City of Fort Pierce in examining all available funding sources, including financial resources available to MTC. The financial plan will promote tax base development while optimizing public investment in infrastructure and improved transportation facilities by non -city entities. M n • solicit, review and select the best private contractors for each task Each step of the planning, financing, design and development process will require contracting with private entities or educational institutions in Florida. Many of these functions will be performed by the City and Maritime Trust partnership; others will be based on proposals or bids. In all cases where bids, proposals or estimates result in selection of a contractor or vendor, appropriate competitive procurement practices will be used, consistent with applicable laws and codes. Maritime Trust and the City will perform those tasks for which they are qualified and which are permitted in the Master Development Agreement • draft an implementation plan for the project with continual revisions based on new information. The Fort Pierce Port Plan will be implemented in accordance with the planning, financing and contracting steps described above and in concert with the advisory process. Each of these processes is most important throughout the development of the entire project. As conditions, concerns and priorities change in the community and beyond, the face of the project may be modified where necessary. Continual attention is required to the ever - changing worlds of marine commerce, community planning, local issues, commercial expansion, tourism, waterfront use, boating, waterfront recreation and housing. Maritime Trust Company will draft the first Implementation Plan, monitor the planning, financial and community issues that affect the project and revise the plan as needed to meet market conditions and related community information. MTC will audit regularly the Implementation Plan to insure ongoing conformance with project goals. cm [11Y Off R1 PIERCE ii OFFICE OF THE CITY MANAGER CITY HALL, 100 NORTH U.S. 1 P.O. BOX 1480 FpegT PIIEyFNE10&'DA 34954-1480 ruar Mr. Douglas M. Anderson County Administrator Saint Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Anderson: C 1 -14 TEL. (561) 460-2200 (5611 466-5492 VAR -1 2000 On Thursday, February 24, 2000, the Fort Pierce City Commission held a special meeting to discuss the City's involvement in the acquisition and development of the Port of Fort Pierce. During that meeting the attached memorandum was distributed as backup material for the subject. The memo dated January 10, 2000 suggests that the City and Saint Lucie County jointly pursue a process for the acquisition and development of the property currently owned by Watermark Communities, Incorporated, immediately adjacent to property owned by Saint Lucie County. The City Commission voted unanimously to request that Saint Lucie County partner with the City to develop financing to acquire the property and secure the resources to build the infrastructure needed to guide the property to the objectives outlined in the Port Charrette. As previously discussed, this matter should be presented to the Saint Lucie County Commission to determine whether or not this is an agreeable approach. If the County Commission agrees with the proposal, I anticipate the formation of a work group consisting of the City Manager, County Administrator, and selected members of City and County staff. Members of the City staff, in addition to the City Manager, will be the Director of Development and the City Engineer. I anticipate starting immediately with negotiations, consultant selection and developing funding alternatives. Please advise me the date this will go to the County Commission so that representatives from the City will be available for questions and discussion. Sincerely, Dennis W. Beach City Manager DWB/btp cc: Mayor and Members of City Commission RM INTEROFFICE MEMORANDUM TO: Tony Barnes Director of Purchasing FROM: Dennis W. Beach City Manager SUBJECT: REQUEST FOR QUALIFICATIONS - PORT CONSULTANTS DATE: April 5, 2000 Please prepare a Request For Qualifications for consultants for the Port and waterfront related development. Please use the attached information to prepare that RFQ and insure that the Port of Fort Pierce Charrette Report and my memorandums of March 29,2000 and January 10, 2000 are made part of the attachments for the RFQ. You may use whatever information from the Maritime Trust Company correspondence that you feel appropriate for designing the RFQ, however, do not use their correspondence as part of the RFQ documents. Once you have the RFQ in the format that you are satisfied with, please see me for a review prior to it being advertised. Can this be prepared within the next two weeks? �M cc: Ramon Trias, Director of Development n IJ TRUST PUBLIC LAND r CoweMng Iand for People Honorable Doug Coward Commissioner, 2nd District 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 RE: Ft. Pierce Waterfront Dear Doug: April 3, 2000 I apologize for not writing you and the other city and county commissioners sooner regarding the Ft. Pierce waterfront project, but it was necessary to meet with the new owner, Mr. Lloyd Bell, and evaluate all issues before coming forward with a proposed course of action. The Trust for Public Land (TPL) is confident after our meeting that we could be able to structure a mutually acceptable transaction that would provide Mr. Bell with the land he needs for his cargo activities, yet still enable the majority of the site to be utilized by the community for a waterfront park and mixed use development. In brief, here are the key elements of our proposal: TPL would work with Mr. Bell to acquire the entire 67-acre property, which we would then convey to the City of Ft. Pierce/St. Lucie County through a lease/purchase agreement. The City/County would then sublease approximately 22 acres of the southern portion of the site to Mr. Bell to conduct his cargo activities. (Alternatively, TPL could possibly acquire only 45+ acres, with Mr. Bell retaining fee title to the 22 acres he needs. The advantage of this scenario is that the cost of the land to the City/County would be less; the disadvantage is that additional bulkheading to protect the lagoon may be necessary along the proposed 22 acre cargo area, and available state and federal grant funds for that construction may only be available if the City/County has a financial interest in that portion of the site.) Of the remaining usable 65+ acres (20 acres currently in public ownership at the north end, plus the approximately 45 acres to be acquired that would notbe utilized for cargo), TPL proposes two main uses. The first is the creation of a 20-acre waterfront park, but instead of all 20 acres clustered on the existing publicly -owned parcel, reconfigured as a 100 foot strip along the entire perimeter (app. 5-6 acres), with the remaining 14 or so acres intermingled at various locations adjacent to the 100 foot "riverwalk" to form interconnected open spaces. This reconfiguration would open up the entire waterfront to the public and create a tremendous amenity that plays directly into the success of the mixed -use development we propose for the remaining 45 acres. TPL proposes that a land planning firm, in possible conjunction with a market research and feasibility firm, be brought in to identify and design the optimum mixed use activities and locations on the remaining 45 acres. This parcel or parcels would then be sold by the City/County to developers to undertake project construction. We would suggest that the City/County provide Southeast Region infrastructure on the site as an additional incentive for development. 306 N. Monroe Street Tallahassee, FL 32301-7622 (850)222-7911 Fax (850) 222-3133 Legal Dept. Fax (850) 222-8909 M E5 Commissioner Doug Coward April 3, 2000 PAGE TWO In addition to the obvious economic benefits produced by an increased tax base and the partial use of the site as a working waterfront, the City/County could potentially recoup virtually all of its acquisition costs through: 1) selling of the mixed -use portion to developers attracted by the riverwalk, infrastructure, and other "added value" incentives; 2) possible receipt of an FCT grant award for the riverwalk and park portion of the property; and 3) revenues from the sublease agreement with Mr. Bell for his use of the 22- acre cargo site (assuming that the site is not retained by him). That is TPL's concept in simplest form, Doug. I have included a rudimentary graphic depicting a very general division of land uses as proposed above. Naturally, the final design would be left to the professionals. Thank you and the others for considering The Trust for Public Land's help on this tremendous project. TPL's experience with other urban waterfront projects throughout the country indicates that these undertakings can either reflect community visions and succeed beyond ildest s. I think expectations, c Ft.tions, or rce angnorLucie community wants and needs and become expensive land planning County stand poised to create a breathtaking vision of the future for its residents and visitors. Please call me with any questions at (850) 222-7911, extension 14. Sincerely, Gre elius Director of Florida Projects Southeast Region cc: County Commissioner John Bruhn County Commissioner Paula Lewis County Commissioner Frannie Hutchinson County Commissioner Cliff Barnes City Commissioner R. Duke Nelson City Commissioner Reginald Sessions City Commissioner Mary -Ann Bryan City Commissioner Bob Benton Mayor Edward Enns County Administrator Douglas Anderson City Manager Dennis Beach A \.`_%y\\ .71 cx ANDA REQUEST "STEM NO. 6 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Raintree Forest MSBU Final Hearing Potable Water Improvements - FPUA BACKGROUND: See Attached Memorandum FUNDS AVAIL. N/A DATE: April 11, 2000 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: sr1r9�, . tl�� Donald B. We t, P.E. County Engineer PREVIOUS ACTION: August 18, 1998 - Board accepted the petition and granted permission to advertise the Initial Public Hearing. September 15,1998 - Initial Public Hearing held. Board created MSBU and authorized County Engineer to proceed with project. November 3, 1998 - Board approved the Interlocal Agreement with Fort Pierce Utilities Authority and the City of Fort Pierce. July 20, 1999 - Board adopted the preliminary assessment roll and authorized Engineer to proceed with construction of the Project. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 00-082 approving the Final Assessment Roll for the Raintree Forest Municipal Services Benefit Unit. COMMISSION ACTION: [x] APPROVED [ ] DENIED [] OTHER: [x]County Attorney [x]Public Works Dir []Finance Coordination/Signatures [ ]Mgt. & Budget [x ]Co. Eng Dor~igla Anderson Count Administrator [ ]Purchasing [Other, M COMMISSION REVIEW: April 11, 2000 ENGINEERING MEMORANDUM NO.00-089 TO: Board of County Commissioners FROM: Donald B. West, County Enginee q%k DATE: March 30, 2000 SUBJECT: Raintree Forest M.S.B.U. Final Heaing Potable Water Improvements - FPUA BACKGROUND: On September 15, 1998 the Board adopted Resolution No. 98-176 which created the Raintree Forest Municipal Services Benefit Unit (MSBU) to levy non -ad valorem special assessments based on the equivalent residential connection method of assessment to fund potable water improvements. On July 20, 1999, the Board adopted Resolution No. 99-166 which approved the preliminary assessment roll for the MSBU; and authorized the County Engineer to proceed with construction. The project has been completed and final costs have come in approximately seventeen (17%) percent lower than the preliminary assessment amount. This is not only due to lower construction costs and interest earnings, but from in-house financing which helps to reduce financing and bond costs. The annual payments will be lowered to reflect the final cost and the term of the assessment will be lowered from fifteen years to ten years. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 00-082 approving the Final Assessment Roll for the Raintree Forest Municipal Services Benefit Unit. BP\ Attachment cc: Staff Concurring Finance Director OMB Manager Tax Collector Property Appraiser g:\wp\msbu\raintree\agafinal.wpd cm E5 RESOLUTION NO. 00-082 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ADOPTING THE FINAL ASSESSMENT ROLL FOR THE RAINTREE FOREST MUNICIPAL SERVICES BENEFIT UNIT AND CREDITING THE ASSESSED PROPERTIES AS SET FORTH IN THE FINAL ROLL; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on September 15, 1998, pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances and Compiled Laws (the "Code"), the Board of County Commissioners for St. Lucie County (the "Board") adopted Resolution No. 98-176 which created the Raintree Forest Municipal Services Benefit Unit (the "Raintree Forest MSBU") to fund the cost of a project to provide potable water supplied by Fort Pierce Utilities Authority to the Raintree Forest Subdivision in unincorporated St. Lucie County, Florida (the "Project") as shown on the attached Exhibit "A"; and WHEREAS, on December 8, 1998, pursuant to Section 197.3632, Florida Statutes, the Board adopted Resolution No. 98-266 which stated the Board's intent to use the uniform method of collecting the Special Assessments levied by the Raintree Forest MSBU; and WHEREAS, on July 20, 1999, the Board adopted Resolution No. 99-166 and thereby, (1) adopted the Preliminary Assessment Roll for the Raintree Forest MSBU which was based on the estimated costs for the Project, (2) authorized the levy of a special non -ad valorem assessment (the "Special Assessment") within the Raintree Forest MSBU in the amount set forth in the Preliminary Assessment Roll, and, (3) authorized the collection of the Special Assessment by the uniform method of collection pursuant to Chapter 197, Florida Statutes, beginning with the tax bill for 1999 for a period of 15 years; and WHEREAS, on April 11, 2000, the Board reviewed the final costs for the completed Project and determined that the final costs are lower than the estimated costs as set forth in the Preliminary Assessment Roll and therefore the Special Assessments should be credited in accordance with Section 1-13.5-7 of the Code as set forth in the Final Assessment Roll (Exhibit "B") and that the period of collection should be reduced to ten years. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for St. Lucie County, Florida, as follows: -1- 05 Section 1: The Final Assessment Roll for the Raintree Forest MSBU (Exhibit "B") is hereby approved and confirmed, the period of collection is hereby reduced to ten years, and the Final Assessment Roll is substituted for the Preliminary Assessment Roll in accordance with the provisions of Chapter 1-13.5-7 of the Code to reflect the credits for the final Project costs. Section 2: Except for the substitution of the Final Assessment Roll for the Preliminary Assessment Roll, and the reduction of the period of collection all of the findings, determinations, and actions made or taken by the Board pursuant to Resolutions Nos. 98-176, 98-266, and 99-166, shall remain in full force and effect and apply equally to the Final Assessment Roll. Section 3: This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this llth day of April, 2000. ATTEST: BY: Deputy Clerk -2- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND BY: CORRECTNESS: County Attorney *ape 29 �I4 28 , - z 1 '1 32 17 <AE.sEc .., 14 <� Z j 3 7 d f (zzl- (zzl- (Zzl- P !S =ooL_ .00Z; ool- <1 •� > 3 r, v ��� c.az A<. z.1zzz A. �.� .Q I�, I�•Ie- �^tCi 1z C 0 Ja.v S}' �t.t1.�/ a I �� S xw � •G f i3o.; •� ` y1:f •' t Q (/ it Tr � SS � c ' - o I 1037 -Y 37 : t • 3 y �` - aoc a " `o -S'a i- ; d7K 12, Q �e ,moo- -Sa. F to 1« M C- S �o� 44•! LTV OJ rjO1J CTY MAPP_ JWC-- (ZM�,- (z3l-- .11 RAINTREE FOREST MSBU "POTABLE WATER" EXHIBIT "A" N O O O O (D c0 10 0 O O O (D O O O O (D (O O tD O (O V M M M M M co M M M O O M M O O M M M M M O M O ` j0 E N M M M M M M M M O O M M O O M M M M M CDM n N N N N N N N N N fA to N N ki1 Vi M M M M M Cn cNn a M M y y y C — (Ci M M M M M M M M M o Cn Cn t6 c() Cn N Cn U) Cn Cn 0 L6 L6 1n Cn 0 (H 69 6q fA Q Z e» (» (n 64 «» (n EA ff! 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N N N N N N N N N N N N N N N N N N N N N M ch A A M (7 A f+7 M M m c) m th M co M m m M m m M M co M Cl) M M M Cl) M M Cl) M M M M M M M M M M N N N v v v v v o N v v a N N v N N v N N v N N N N N N N N N N N N N N N N N N N N N N W Cn J J J W 0 a W 0 ¢ m 0 0 Z Z W W a Y z z >= O n o z Z U m U i a o m W Z — a °8 Z LU Q w m "' O U Z o6 ¢ ap Q C7 oCf N w a F IL w m o° a w O W J .6 Z 0 m W CO W W x a a a w¢ W d �Q= °6 o z o w Z a w 2 2 F 2 Y W J Z¢ m F- a w a¢ Z O] ¢ N a U U U Z O a m U a W m W W a U O> a J¢ r¢y,JUO'Om O WO 3 O ZN aZZNWz mwO jO n UO p UWU U W O - p .0 L W LIM r H d L d r C W O d (Q L ° a 0 d L r+ L d ° O r N t :i i � 3 u o N! 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LL ,r\i zc—. \v w a CL « w 0 H H H H H N y r+ N N fq N Q. l0 l0 l0 l0 l0 l0 l3 H lC lC !C d 3 7 7 7 7 7 7 cc 7 7 7 C Q'0'QQcrQQO Qcr �' d C W W W W W W W W W W W O O rNMet�tO� OCI��eN- LL ------------ rIFIONS T r CT V* V* V* 0ARD OF COUNW CoM1SSS&QNERS/ MY E�'i°L�C� w� bb/ l0/odNoe LUCA Oowft - 2M �ftd PA rzANARA VAAAAWr Lf9f #2A- U1=44Ooo td 6 -Aft-Adc Mat 7tfrroWOOS MUALi, 001 Ceneral hand 453,409,AI Md 001116 Site 112%MPO/MA/PlAnning 08/99 IM A 0,b0 001125 TC Community,Action Agency PY 09/00 102,39 0400 001126 Section 112/MPO/FHWA Planning 00/00 21351.68 0100 001221 001-bEP-Childrensss Pnviro Museum 25,02M9 0,06 001235 TbC Planning Grant 98/90 0.27 0,06 001246 09/00 Emergency Mgdtt. Prep & Assist 692.5a 0400 001248 1% Planning Grant Py 05/00 201,21 0,00 001252 Urban Mobile Irrigation Lab GfAnt 351,36 0,00 001805 SFWMb/SLSWCD LQIP Program 953405 0400 001807 Floridian Aquifer Weil Mohitorirtg 351436 0160 101 Transportation Trust Fund 153,961460 O,Od 101002 Transportation Trtist/80g Constitut 2,900.15 0106 102 Unincorporated Services Pufid 320845429 0600 102001 braifiUd Maintenance MSTU 10,110,51 0100 103 Law Enforcefaent MSTU i,961,81 aim 105 Library Special Grants Pund 9,461;62 0,00 107 Dine &_ Forfeiture Pad k0;9l1,Stl 0,00 ill River Park I Pund 135,22 0400 112 giver Park II Pund 25,56 0160 113 Harmony Heights 3 Vdfid 10.12 0400 114 harmony Heights 4 Fund 26.54 0400 115 Sheraton Plaza Pund 2151 0,60 116 Sunland Gardens Fund 10,6S 0400 117 Sunrise Park Fund 6.35 0,00 118 Paradise Park Fund 40.94 0400 119 Uoliday Pines Pund 41,51 0y�,0�0:� 120 The Grove Fund 1,79 V,}W 121 Blakely Subdivision Pufid 5121 6,66 122 Indian River Estates Pund 45,9I 0,06 123 Oueeits Cove Lighting bist#13 % id 14.51 aim 126 Southern Oak Estates Lighting 5.55 0i00 136 Monte Carlo Lighting M9TW4 Pod 12,56 aim 138 Palm Lake Gardens MSTU Pmd 6.32 0100 139 Palm Grove Pund 4C A 0400 140 fort & Airport Pufid 20,645,01 aim 160 Plan Maintenance A b lurid 40299,05 O,00 183 Ct Administrator-19th Judicial tit 30115,08 06M 183001 Ct Administrator-Arbitration/Nddiat 11000,16 6,08 183004 Ct Admin,- Teen Court 11101417 0660 185203 IAA -SHIP 98/99 265,16 0400 185204 MA SHIP 99/00 666,16 aim 186. Recycling Operating hfid 92IA6 0660 186203 Recycling & Educatidn 99/00 522,54 aim 205 Beach Bond I&S Fund 41094,55 6406 242 fort US pufid SBA,32 �,06 '282 Environmental Land f&S Pufd 01216,29 O,00 310003 I1tpact Fees -Public Buildings 10,200,00 06W 04/id>Oo FZAWARR OW LUcfg 60 - NAM *10+' WA iAW 1fAfi #29- 0i-Aft-266tl TO 01-AIYA=2 P" 8t1IMI 315 66tmtyt Building #chid 316 County Capital 401 Sanitary Landfill Fund 418 Golf Course Fund 421 H,E.W. Utilities #und 441 North Hutchinsoh Island Utilities 451 5. Hutchinson Utilities Fund 461 Sp6kts C61ftplex,Fuhd 491 Huilding Code Pund 501 tnidrutioh Technology Fund 505 86hlth Insurance Fund 505001 prdperty/Casualty> InsUratice Fund 510 96tvice Garage Pund 611 . Tourist bevelopftht tW§t-Adv Putid G1tA1� fiofiAL: M• .a 13,672,5b i95,5n35d 34,134,69 25,396,56 49A.88 20020.12 21124aJI 29,2A0,45 9,600,18 510027458 428,0044J8 g�o,52 22,161124 11605472 11041061,11 PAM 2 Wmu 6166 0,60 0.00 0,06 0.00 0.00 0.00 0.00 0A 0,00 5,160.26 0.00 0,00 0160 5,169,16 0 M TO: Board of County Commissioners SUBMITTED BY(DEPT): AGENDA REQUEST ITEM NO. DATE:. April 11, 2000 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Second Amendment to April 21,1998 Agreement Between St. Lucie County and Dawn G. Kirk, P.A. and Stuart A. Webb, Esquire, For Legal Representation of Indigents for Dependency Cases BACKGROUND: See attached memorandum FUNDS AVAILABLE: RECOMMENDATION: Staff recommends that the Board approve the Second Amendment to the April 21, 1998 Agreement and authorize the Chairman to sign same upon obtaining all necessary signatures. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: County Attorney: Originating Dept. Finance: Review and Approvals Management & Budget: Sheriff: u KXMI1k:r.• .,z > Anderson Administrator Purchasing: Other: *aw INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 00-371 DATE: March 15, 2000 SUBJECT: Second Amendment to April 21,1998 Agreement Between St. Lucie County and Dawn G. Kirk, P.A. and BACKGROUND St. Lucie County entered into an Agreement on April 21,1998 with Dawn G. Kirk, P.A., and Stuart A. Webb, Esquire to provide legal representation for indigent persons in cases involving termination rights. Under the present terms of the First Amendment, the Agreement expires on April 21, 2000. The parties now desire to extend the term of the Agreement through and including April 21, 2001. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Second Amendment to the April 21, 1998 Agreement and authorize the Chairman to sign same upon obtaining all necessary signatures. Respectfully submitted, Katherine Ma a -Smith Assistant County Attorney KMS/mt Attachment SECOND AMENDMENT TO APRIL 21, 1998 AGREEMENT BETWEEN ST. LUCIE COUNTY AND DAWN G. KIRK, P.A. AND STUART A. WEBB, ESQUIRE FOR LEGAL REPRESENTATION OF INDIGENTS FOR DEPENDENCY CASES THIS SECOND AMENDMENT is dated this day of , 2000, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and, DAWN G. KIRK, P.A. AND STUART A. WEBB, ESQUIRE, hereinafter referred to as "ATTORNEYS." WHEREAS, the parties entered into an Agreement (the "Agreement") wherein Attorneys agreed to provide legal representation to indigents for dependency cases; and, WHEREAS, the parties now desire to extend the term of the Agreement, pursuant to paragraph 19 of the Agreement, up to and including April 21, 2001. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the April 21, 1998 Agreement, as amended, as follows: 1. PARAGRAPH 19-is hereby amended to read as follows: PARAGRAPH 19 - This Agreement shall take effect on the 21eb day of April 2000, and continue until the 21st day of April 2001, provided that the Agreement has not been canceled as provided herein. This Agreement may be renewable annually at the same or different contract price upon the consent of the contracting parties. This Agreement may be terminated by either party without cause at anytime upon thirty (30) days written notice. In the event of termination pursuant to this paragraph, Attorneys shall complete each case assigned to them through final disposition of the case. Attorneys shall be compensated for those cases pursuant to this Agreement. Paq.1 ,4 1 2. Except as amended herein, the remaining terms and conditions of the April 21, 1998 Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Attorneys have affixed their names and seal the date aforesaid. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: DAWN G. KIRK, P.A. BY: Dawn G. Kirk, Esquire STUART A. WEBB, P.A. BY: Stuart A. Webb, Esquire Pag..s j s S N %We AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS IfTfN NO. C-3A DATE: April 11, 2000 REGULAR [ ] PUBLIC HEARING[ ] CONSENT[X] PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: Resolution No. 00-83 / County Policy for Lending Equipment BACKGROUND: Requests are often made by outside entities to borrow County equipment. It has been the County's practice to deny such requests, however no Board approved policy is in place to address this issue. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of Resolution No. 00-83 prohibiting the lending of any County equipment and/or supplies, etc. to any individual, group, private business, club, organization, or anyone else other than to County departments for County sponsored events, to County appointed committees, and other Governmental entities and their agencies; except in times of emergencies at which time written authorization must be obtained by the St. Lucie County Administrator or his designee. COMMISSION ACTION: [ x] APPROVED [ ] DENIED [ ] OTHER: Dl ugAs Anderson Resolution will be changed to match wordier Courity Administrator on Recommendation also include wording - After Governmental entities and their agencies."With _ the approval of the County Administrator, without theintent to lend equipment to perform other governmental entity functions". eview ana APproyals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 lfl / RESOLUTION NO. 00-83 A RESOLUTION PROHIBITING THE LENDING OF ANY COUNTY EQUIPMENT AND/OR SUPPLIES ETC. TO ANY INDIVIDUAL, GROUP, PRIVATE BUSINESS, CLUB, ORGANIZATION, OR ANYONE ELSE OTHER THAN TO COUNTY APPOINTED COMMITTEES AND OTHER GOVERNMENTAL ENTITIES AND THEIR AGENCIES; EXCEPT IN TIMES OF EMERGENCIES AT WHICH TIME WRITTEN AUTHORIZATION MUST BE OBTAINED BY THE ST. LUCIE COUNTY ADMINISTRATOR OR HIS DESIGNEE WHEREAS, the Board of County Commissions of St. Lucie County, Florida, has made the following determinations: 1. On numerous occasions individuals, groups, private businesses, clubs, organizations, and others, have requested the use of County equipment and/or supplies. 2. Due to the problems that have been encountered from lending County equipment and/or supplies to various individuals, groups, private businesses, clubs, organizations, and others, it is necessary to establish a County -wide policy for consistency. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby establish a County -wide policy prohibiting the lending of any County equipment and/or supplies etc. to any individual, group, private business, club, organization, or anyone else, other than to County appointed Committees and other Governmental entities and their agencies; except in times of emergencies at which time written authorization must be obtained by the St. Lucie County Administrator or his Designee. 2. The County Administrator is hereby directed to forward a copy of this resolution to all St. Lucie County Departments. 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 11`" 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 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration Iltl NO. C-3B DATE: April 11, 2000 REGULAR [ ] PUBLIC HEARING[ ] CONSENT [X ] PRESENTED BY: Doug Anderson County Administrator SUBJECT: St. Lucie County Fairgrounds - Permission to Advertise Call for Bids for Tent Supplier Lease BACKGROUND: See attached FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the request for permission to advertise for bids to lease property at the new St. Lucie County Fairgrounds from tent suppliers willing and able to provide tents to the St. Lucie County Fair Association and the County in exchange for a partial rent credit. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: Review and Approvals County Attorney: Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable) u !as Anderson ntv Administrator Purchasing: Other: Eff. 5/96 ,%Re No% INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Douglas M. Anderson, County Administrator DATE: April 4, 2000 SUBJECT: St. Lucie County Fairgrounds- Permissionto Advertise Call For Bids for Tent Supplier Lease BACKGROUND: In conjunction with the planned relocation of the St. Lucie County Fair to the new fairgrounds on West Midway Road, County and Fair Association staff have identified a need to obtain temporary tents for the Fair as well as other events which may be planned for the site. In addition, it is apparent that a portion of the property will be available for lease to a third party. Accordingly, staff is proposing that the Board issue a call for bids from tent suppliers interested in leasing the available portion of the property with a rent credit in exchange for providing tents for the Fair Association and the County for use on the site. Staff is in the process of finalizing the master plan for the site with the Fair Association. In order to expedite the process, staff is requesting permission to proceed with advertising a call for bids to lease the site with the proposed rent credit upon completion of the master plan. CONCLUSIONIRECOMMENDATION: Staff requests permission to proceed with advertising a call for bids to lease property at the new St. Lucie County Fairgrounds from tent suppliers willing and able to provide tents to the St. Lucie County Fair Association and the County in exchange for a partial rent credit. Anderson Administrator DMA/es Copies to: %w AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS '"d ITEM NO. C-4 DATE: April 11, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] SUBMITTED BY: Leisure Services PRESENTED BY: Mike Leeds Director, Leisure Services SUBJECT: Multi -Purpose Show and Exhibition Arena funding approval. BACKGROUND: At the April 3`d Leisure Services Workshop the consensus of the BOCC was to provide funding for the new Multi -Purpose Show and Exhibition Arena to be located at the new St. Lucie County Fairgrounds. A total of $269,500 will be provided from the following funding sources: Park A Impact Fees : Ft. Pierce $ 54,000 Park B Impact Fees - Port St. Lucie $ 54,000 County Capital Fund (Investment for the Future) From: Moore's Creek $44,311 N. Causeway Island: 9,189 $ 53,500 General Fund Contingency $108,000 $269, 500 FUNDS AVAILABLE: Funds will be made available in: Parks Impact Fees - 310002-7210-563000-76009 $108,000 County Capital Fund - 316-7210-563000-76009 $ 53,500 General Fund - 001-7210-563000-76009 $108,000 $269, 500 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve funding for the Multi -Purpose Show and Exhibition Arena and authorize the Chairman to sign Budget Amendment No. 00-128 COMMISSION ACTION: [ xj APPROVED [ j DENIED -- [� OTHER: g Anderson Administrator Coordination/Signatures County Attorney: XX Management & Budget: WliO purchasing: Originating Dep • l Public Works: Other: Finance: (Check for Copy only, if applicable) XX G:\BUDGETNWP\AGENDA'SWgenda00\4' I 1 Arenampd P"DGET AMENDMENT REQUEST FORM *Aw _%w REQUESTING DEPARTMENT: OMB/LEISURE SERVICES PREPARED DATE: 04/04 AGENDA DATE: 04/11 TO: 00 1 -7210-563000-76009 IMPROVEMENTS OR BUILDINGS $108,000 FROM: 001-9910-599100-800 CONTINGENCY $108,000 REASON FOR BUDGET AMENDMENT: TO FUND BOARD APPROVED MULTI -PURPOSE SHOW AND EXHIBIT ARENA (EQUESTRIAN ARENA). CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: $626,888 $108,000 $518,888 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 00-128 G:ZUDGETOUATTRONGENERALWORMS W MENDMOO.wb1 04/05= PROGRAM ROJECT ACCOUNTING REQUF,- FORM DATE: April 4, 2000 DEPARTMENT: Leisure Services NAME OF PROGRAM/ PROJECT: Multi -Purpose Show & Exhibition Arena DESCRIPTION: Construct an equestrian arena at the new fairgrounds location. PROGRAM/PROJECT PERIOD (START/END): April 2000 - November 2000 PROGRAM/PROJECT MANAGER: Mike Leeds/Julia Shewchuk BOARD APPROVAL DATE: April 11, 2000 PROGRAM/PROJECT AMOUNT: $269,500.00 IS THIS 100% COUNTY FUNDING? YES NO (CIRCLE ONE) IF NO, PLEASE EXPLAIN: OTHER WS RELATED TO THIS PROG/PROJECT FUND -ORGANIZATION #: 001/310002/316 see attached agenda item PREDECESSOR FUND: CONTRACTS: COMPANY CONTRACT AMOUNT ADDITIONAL INFORMATION: Sources of funds are: Parks Impact Fees $108,000 Divert funds from previously approved 'Special Projects'. $53,500 General Fund Contingency 108000 APPROVAL PROJECT MANAGER: DEPARTMENT HEAD: MGMT & BUDGET: FINANCE DEPARTMENT: PROGRAM/PROJECT #: G:\BUDGET\GARY\QUATTRO\00'Proj'#Req.wb3 M M St. Lucie County Fairgrounds Equestrian Arena Probable Cost Estimate Leisure Services Parks Division submits the following Equestrian/Arena elements and probable cost estimates on proposed St. Lucie County (300'X200') Fairgrounds Arena for your consideration. Wood Perimeter rails, chutes, gates, catch pens/installed $309000 Lighting (30 foot candle equestrian $75 000 if level as per Musco Lighting Corp.) power is 4 Pole configuration within 100 ft. 20'X24' structure for storage and $40 000 press/announcer's box Well/pump, troughs/irrigation $309000 Raw Materials Mortar sand 8" in depth 60,000 sq. ft. $35,500 Public address system $ 5 000 Signage $ 4,000 Bathrooms/septic tank/drain field 50 000 TOTAL: $2699500.00 `we 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 Warner 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 Equestrian Arena Ending Balance 2000 2000 Year to date Projected $507,806 $507,806 117 277 $227,887 $625,083 $735,693 $ 50,000 $ 50,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $132,000 $132,000 $ 60,000 $ 60,000 $108,000 $140,000 $302,000 $550,000 $323,083 $185,693 $688,010 $688,010 135 868 $264,529 $823,878 $952,539 $292,610 $292,610 $400,000 $400,000 $108,000 $692,610 $800,610 $1319268 $151,929 * Are projects that have been approved by the BOCC. Projected - is the estimate of anticipated revenue by the end of our fiscal budget year. 2 05 M PROPERTY ACQUISITION DIVISION -MEMORANDUM TO: Douglas M. Anderson, County Administrator Julia Shewchuk, Community Development Director Mike Leeds, Leisure Services Director Marie Gouin, Principal Budget Analyst FROM: Donald G. Cole, Property Acquisition Manager DATE: March 16, 2000 SUBJECT: Ancient Oaks Preserve/Economy Property The Lease Purchase agreement with the Trust for Public Lands (TPL) is nearly finalized and will have it's final review by the County Attorney soon. I anticipate bringing this agreement to the Board this month. The terms of the agreement call for the first year lease payment to start on April 21, 2000 in the amount of $200,000.00. Future payments will be due on April 21, 2001 in the amount of $240,000.00, plus interest at prime rate and April 21, 2002 for $240,000.00, plus interest at prime rate. All payments will be credited toward the purchase price. Upon Board approval of the this Lease/Purchase Agreement with TPL, funds will need to be allocated for the Lease/Purchase payments. According to the agenda item on 5/18/99 (attached) the funds will be split 15 % from the Park Impact Fee fund and 35 % from the ESL program. This agenda item assumed Florida Communities Trust (FCT) grant funding of 50%. Staff intends to recommend that the Board apply for grant funding from FCT, however, FCT funding is not guaranteed. The contract purchase price is $780,000.00. In anticipation of the Board's approval of the Lease/Purchase agreement with TPL 30% ($60,000.00 ) will need to be allocated from Park Impact Fees (North District) and 70% ($140,000.00) will need to be allocated from the ESL account for the April 21, 2000 commencement date. TPL anticipates purchasing this property on the same day our lease starts, (April 21, 2000) so only the base rate would be due. Subsequent funding should be allocated for the remaining two (2) years at the 30%/70% split. The agreement allows the County to exercise the option and prepay the remaining purchase price at any time. Attachments cc: County Attorney Planner III, Environmental Recreation Manager G:\ACQ\WP\DON\Economy\funding.wpd 3 ` ov *W I 03* ��DEPARTMEENT OF LEISURE SERVICES r C) �t �• ; �' U U 1.� 1 U TO: Dan McIntyre, County Attorney FROM: Jack Doughney, Leisure Services Direct DATE: April 8, 1999 SUBJECT: Stewart Sand Mine Acquisition of the 12.42 acre parcel lying east of the Stewart Sand Mine would increase recreational potential of the lake. At this time, access to the lake from Indrio road is approximately % mile. Acquiring this parcel will provide much closer access to the site for canoeing and fishing. To acquire parcel 1408-343-0002-000/3, I am willing to commit half of the cost of acquisition of the site, obtaining funding from park impact fees. 4 E5 Investment for the Future BOCC WORKSHOP April 3, 2000 AREA CONTRACTOR AMOUNT CURRENT South Causeway Island $93,000 $71,000 IFF + $22,000 FEMA Summerlin 22,000 Two docks/new apron Taylor Engineering 1,464 Evaluation of boat ramp RDC 10,000 Installation of FEMA pavilion Mosquito Control 14,000 Erosion permit mitigation 45 536 Picnic shelter, road grading (Future Project ) -0- Black Pearl $104,100 $87,500 IFF + $16,000 FEMA + $600 donation Summerlin 16,000 Seawall, dock and slab Taylor Engineering 1,464 Evaluation of boat ramp County staff 1,500 Fish cleaning table 28,602 Children's Environ. Contingency (Future Projects) 56.534 South dock, barriers & entrance to -0- parking lot (Future Project) Northport Marina $169,195 $109,000 FBIP + $60,195 IFF Summerlin 35,000 Seawall Tedder RAMPS 74,000 New ramp & docks Taylor Engineering 1,464 Evaluation of boat ramp Miracle Recreation 2,000 Park benches Summerlin Seven Seas 8,400 Concrete cap on sea wall 48 331 Public restroom, shelters (Future Projects) -0- Moore's Creek $45,775 $45,775 IFF - under City Management Taylor Engineering 1.464 Evaluation of boat ramp at White City Park $44,311 Funds available for Equestrian Arena IFF - Investment for the Future FBIP - Florida Boating Improvement Program FEMA - Federal Emergency Management Agency WCP - White City Park 5 *4✓ r. North Causeway $122,976 $82,776 IFF + $40,200 FBIP RDC 40,200 Additional boat dockage Taylor Engineering 1,464 Evaluation of boat ramp County Staff 2,500 Fishing cleaning table Budget Tree 3,645 Australian pine tree removal RDC 16,000 Roof replacement/remove shelters B.K. Marine 8,580 Replace concrete decks 30,000 Move Ft. Pierce Farms School (Future Projects) 11.398 Children's Envir. contingency (Future Projects) $ 9,189 Funds available for Equestrian Arena (Scope of this project has been completed.) Savanna Boat Ramp $48,700 $48,700 IFF Taylor Engineering 1,464 Evaluation of boat ramp County staff 6,000 Re -slope side of ramp 14,000 Canoe storage area 27 236 Grant match for Legislative Line Item (Future Projects) -0- With the use of FEMA and FBIP we have been able to completely replace the ramps at Northport Marina Island, replace both docks at South Causeway and repair the erosion damage, add eighteen feet of seawall to Black Pearl and put in a twenty five foot dock and at North Causeway we will be adding additional dockage. By utilizing FEMA & FBIP dollars, IFF funds are now available for use on other projects. (IE: Equestrian Arena, Relocation of Ft. Pierce Farms School House & Children's Environ. Learning Center) 0 M E5 Ft. Pierce Farms School "%91 Children's Environmental (Additional Funding Requiremnets) A. To relocate the Ft. Pierce Farms School $30,000 B. Contingency for the Children's Environmental $40,000 $70,000 Funds Available Investment for the Future/Funds Available 1. North Causeway $41,398 2. Black Pearl 2� 8 602 $70,000 n cm St. Lucie County Fairgrounds Equestrian Arena Funding Summary Park Impact Fee 1. Park A - Ft. Pierce $108,000 2. Park B - Port St. Lucie $108,000 $216,000 Investment for the Future Available funds I. Moore's Creek 2. North Causeway Total - Funding Total - Cost Estimate $269,500 1269,500 -0- $ 44,311 9 189 $ 53,500 8 In M 'V�IG'i�� 1000 o�Vvl� 400 14 GOON- G-VcRG&I" GEORGIA NATIONAL FAIRGROUNDS 8 GRICENTER CALENDAR OF EVENTS — MARCH 2O00 • March 3 REHEARSAL DINNER (private) • March 3-5 GEORGIA NATIONAL QUARTER HORSE SHOW Information: 704/882-1604 • March 3-5 GEORGIA NATIONAL LLAMA SHOW Information: 912/988-4999 • March 4 GEORGIA AIRCRAFT MODELERS ASSOCIATION SHOW Information: 912/923-6307 • March 7 OFFICE OF SCHOOL READINESS MEETING Information: 404/812-7037 • March 7 GEORGIA AGRIBUSINESS COUNCIL MEETING Information: 800/726-2474 • March I I PERRY HOSPITAL EMPLOYEES APPRECIATION DINNER (private) • March 11-12 MIDDLE GEORGIA COMPUTER SHOW Information: 770/663-0943 • March 1 l-12 MAGNOLIA ARABIAN HORSE SHOW Information: 912/984-5177 • March 13 JUNIOR LIVESTOCK RULES COMMITTEE MEETING Information: 706/542-9102 • March 15 NICT WHOLESALE TRADE SHOW (private) • March 16 TEEN HEALTH FORUM Information: 9 l 2/929-5918 • March 17 RAINBOW HOUSE MEETING (private) • March 17-19 PEANUT CIRCUIT QUARTER HORSE SHOW Information: 770/474-4857 • March 21 PAT PARELLI HORSEMANSHIP DEMONSTRATION Information: 970/731-2366 • March 22 OFFICE OF SCHOOL READINESS MEETING Information: 404/812-7037 • March 23-26 GEORGIA WINNIE REBELS RV SHOW Information: 770/998-0098 • March 25 ROTC DRILL TEAM COMPETITION Information: 9 12/929-7784 • March 25 FRITO LAY PROFESSIONAL DRIVING COMPETITION Information: 912/987-6160 • March 25-26 MINIATURE HORSE SHOW Information: 941 /484-4687 • March 26 WHITLEE CAR & TRUCK SHOW Information: 800/632-4838 • March 28 - April 2 GEORGIA STATE WBCCI AIRSTREAM RALLY Information: 770/932-0389 • March 30 - April I BEEF EXPO Information: 912/474-6560 • March 31 GEORGIA HEREFORD BANQUET (private) Events subject to change. Confirm events at number listed. Printed on recycled paper. GEORGIA NATIONAL FAIRGROUNDS & AGRICENTER • I-75 at Exit 42 401 Larry Walker Pkwy. • P.O. Box 1367 • Perry. GA 31069 800/987-3247 (Georgia only) • 9121987-3247 • Fax: 912/987-7218 www.gnfa.com • e-mail: mtreptow@alltcl.net Georgia International Horse Park 1996 Centennial Olympic Parkway 1 Conyers, GA 30013 770-860-4190 G E O R G I A INTERNATIONAL Toll -free: 888-860-4224 -----�— HORSE PARKwww.conyersga.com 2000 Event Calendar (in progress) February 19 US Pony Club National Examiner's Seminar February 26 Newton County Saddle Club Horse Show March 4-5 Three Horsemen Hunter/Jumper & Dressage Horse Show March 11 Cowboy Mounted Shooting Association (Training Horses) March I 1 Southern Sensational Spring Open Show & Southern Sensational Open English Show March 11-12 Southern Sensational Spring Appaloosa Horse Show March 18 Conyers Cherry Blossom Car Show March 22-26 Atlanta Spring Classic I Horse Show March 25-26 Conyers Cherry Blossom Festival March 29-April 2 Atlanta Spring Classic II Equestrian Event April 1 Cowboy Mounted Shooting Association (Training Horses) April 8 Georgia Paint Horse Association Horse Show April 9 Rockdale Service Unit Girl Scouts International Festival April 14 Santek — Wedding Ceremony Banquet (private) k-ri1 14-14 Hnritagc Classic hc,­4-c April 14-16 Georgia International Driving Grand Prix Equestrian Event April 15 Tracy Ragan McKenna Charity Horse Show April21-23 PRO AM GQHA Horse Show April 28-29 Georgia Federal Credit Union Car Sale April 29 Conyers/Rockdale Equestrian Open Hunter Schooling Horse Show April 29-30 Good Horseman Annual Dressage Horse Show May 5-7 Dixie Cup Morgan Classic Horse Show May 6 Godfather Customs Presents Spring Slam Jam Show May 12-14 IHSA-Intercollegiate Horse Show Association May 19-21 Fifth Annual Atlanta Black Rodeo May 20 Arab Bred Sporthorse Inspection & Show May 26-29 Georgia Big 8 Appaloosa Horse Show May 26-28 Cowboy Mounted Shooting Association (Training Horses) May 26-June 4 Spring FunFair & Expo June 3 Cowboy Mounted Shooting Association (Training Horses) June 3 First Annual Diamonds In The Rough Benefit Concert June 8-11 AQHA - The Metro Circuit Horse Show June 14-18 Atlanta Summer Classic I Horse Show July 15 Heather Phelps Wedding Reception (private) June 20-24 Atlanta Summer Classic II Horse Show July 5-9 GQHA Big A Circuit Horse Show July 8 Cowboy Mounted Shooting Association (Training Horses) July 14-16 Everglades Paso Fino Horse Show July 22-23 Southeast Gay Rodeo Association Rodeo July 28-29 Georgia State Racking Horse Championship 10 `V ti.w+' �•••"�• UNIVERSITY OF (NZ%V + COOPERATIVE EXTENSION '• „FLORIDA ti ST. LUCIE COUNTY Institute of Food and Agricultural Sciences _ 8400 Picos Road, Suite 101 Fort Pierce, FL 34945-3045 (561) 462-1660 March 29, 2000 FAX (561) 462-1510 Mike Leeds St. Lucie County Leisure Services 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Mike: As the development of the Multi -purpose Livestock Arena progresses, please know the support you will receive from the county 4-H program. 4-H is committed to the project and will contribute in a variety of forms. There are approximately 120 families that are able to contribute through fundraisers, donations, programming, and labor. 4-H is well aware that a facility such as the one purposed will not only benefit local livestock people, but also has the potential to generate funds for the county and community businesses. Please keep me informed of the progress of the Multi -purpose Livestock Arena and how 4-H can assist. Sincerely, � J Susan Munyan, E ension Agent 4-H/Agriculture SM/Ijr The Institute of Food and Agricultural Sciences is an Equal Employment Opportunity - Affirmative Action Employer authorized to provide research, educational information and other services only to individuals and institutions that function without regard to race, color, sex, age, handicap or national origin. COOPERATIVE EXTENSION WORK IN AGRICULTURE, HOME ECONOMICS, STATE OF FLORIDA, IFAS, UNIVERSITY OF FLORIDA, U.S. DEPARTMENT OF AGRICULTURE, AND BOARD OF COUNTY COMMISSIONERS COOPERATING. 0 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT):PUBLIC SAFETY (E.M.) Nao� ITEM NO. C-5 DATE: April 11, 1999 REGULAR [ ] PUBLIC HEARING [ CONSENT [XX] PRESENTED BY: JACK T. SOUTHARD SUBJECT: State and Local Assistance Agreement Grant (SLA) with the State of Florida for FY 99-00. Agreement #OOEM-D3-10-66-01-056 BACKGROUND: Yearly State of Florida Local Assistance Agreement Grant to be executed between the Department of Community Affairs Division of Emergency Management and St. Lucie County. Our state allocation for fiscal year 1999-2000 is $35,285.00. Matching funds are already provided in the Fy 99-00 budget. (See cover letter provided from DCA.) FUNDS AVAILABLE: 001-2510-331232-200 RECOMMENDATION: Staff recommends the Board of County Commissioners approve the agreement with the State of Florida and resolution # 00-80 and have the Chairman sign. COMMISSION ACTION: [ X] APPROVED [ ] DENIED [ ] OTHER: X Review and ADvrovals. County Attorne Management & Budgetl' Originating Dept: 1 Other Finance: (Check Copy only, If applicable) Olas Anderson ty Administrator Purchasing: Other: Eff. 5/96 %W *400 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Jack T. Southard, Public Safety Director FROM: Daniel S. McIntyre, County Attorney i N C.A. NO. 00-383 DATE: March 20, 2000 SUBJECT: State and Local Assistance Agreement (SLA) #OOEM-03-10-66- 01-056 The Agreement referenced above is approved as to form. DSM/caf RESOLUTION NO.00-80 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from a grant-in-aid to the St. Lucie County Board of County Commissioners from the Florida Department of Community Affairs forthe State and Local Assistance (SIA) Agreement for FY1999-00. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE rr RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 11 `" 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 001-2510-331232-200 APPROPRIATIONS 001-2510-514000-200 001-2510-540000-200 001-2510-641000-200 001-2510-541300-200 001-2510-554205-200 Emergency Management Overtime Travel Communications Postage Training S Education 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 flames Commissioner Doug Coward PASSED AND DULY ADOPTED THIS 11' DAY OF APRIL, 2000. ATTEST; $5,285 -BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN $1,500 $1,157 $1,500 128 $1,000 APPROVED AS TO CORRECTNESS AND FORM: `'40►' Now AGREEMENT #OOEM-D3-10-66-01-056 AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND St. Lucie County This Agreement entered into by and between the Department of Community Affairs (Grantee) and St. Lucie County (Subgrantee), shall govern certain emergency management -related activities to be financed by the Grantee. THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties agree as follows: I. TERMS OF AGREEMENT A. This Agreement shall begin on October 1, 1999 and shall continue in full force and effect to, and including, September 30, 2000. B. The Grantee agrees to allocate to the Subgrantee the maximum sum of $35,285 which the Subgrantee will match with $35,285 to initiate the successful completion of the activities/projects in the approved five year strategic plan submitted by this Subgrantee and which are applicable to the period of performance of this contract. C. It is agreed that liability of the Grantee under this Agreement shall not exceed the total funds received and allocated by the Grantee for this Agreement. D. The Grantee or Subgrantee may terminate this Agreement for breach of contract, or in the event of non -availability of funds, with such notice as is reasonable under the circumstances. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to any modification in accordance with Chapter 216, Florida Statutes. Either party may terminate this Agreement without cause by giving thirty (30) days written notice to the other party. E. The Subgrantee, in performing the requirements of this Agreement, shall comply with all applicable laws, rules, regulations, ordinances and codes of the federal, state and local governments. The payment of funding provided by this Agreement is contingent upon compliance with all applicable laws, rules, regulations, ordinances and codes of the federal, state and local governments. Non-compliance may result in the withholding of funds and the suspension and termination of this Agreement. ``'1 *Ale H. REQUIREMENTS AND ASSURANCES A. General Provisions. The Subgrantee hereby assures and certifies that it will comply with all applicable regulations, policies, guidelines and requirements, including 44 CFR (Code of Federal Regulations) Part 13 ("Common Rule") and the Statement of Assurances included as Attachment A to this Agreement, 44 CFR Part 302, and Office of Management and Budget (OMB) Circulars A-87 and A-133 as they relate to application, acceptance and use of federal funds under this Agreement. Subgrantee also certifies it shall comply with chapter 252, F.S., Rule Chapters 9G-6, 9G-7, 9G-11, and 9G-19, F.A.C., as a condition of the receipt and acceptance of funds under this Agreement. B. Lobbying. 1. The Subgrantee certifies, by signing this Agreement, that to the best of his or her knowledge and belief, no federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 2. Pursuant to Section 216.347, Florida Statutes, the Subgrantee agrees that no funds from this Agreement will be expended for the purpose of lobbying the Legislature or a state agency. C. Scope of Work. The Subgrantee will comply with the approved "Five Year Strategic Plan", hereinafter referred to as the "Strategic Plan", submitted by the county describing the activities/projects to be accomplished this year under this. Such approved Strategic Plan is on file for Subgrantee and has been previously routed for approval with the Subgrantee's Emergency Management Preparedness and Assistance (EMPA) Base Grant. At a minimum, Subgrantee shall complete those tasks identified -in its Strategic Plan to be performed during the period of this Agreement. Failure to timely complete tasks identified in the Strategic Plan may constitute grounds for withholding funds and suspension and termination of this Agreement. D. Compensation and Financial Reporting Requirements. 1. The Subgrantee shall use the funds available under this Agreement to enhance emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan. OMB Circular A-87 should be used to provide guidance concerning allowable and unallowable expenditures. The Subgrantee may receive full 2 *No reimbursement of all eligible expenditures incurred during each quarter for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed the total allocation shown in Paragraph I.B. of this Agreement. 2. Expenditure Reports/Reimbursement Requests must be submitted to the Grantee on a quarterly basis and are due within thirty (30) days after the end of each quarter. Progress reports must be submitted to the Grantee on a semiannual basis according to the requirements set forth in the Subgrantee's EMPA base grant for the same fiscal period. A final Close-out Report is due within forty-five (45) days after the termination of this Agreement. The Subgrantee shall not receive reimbursement for final expenditures until the final EMPA progress report is received, previous payments are audited and final approval has been made by the Grantee. 3. Any acquisitions that exceed $5,000 (each item) must have prior written approval from the Florida Division of Emergency Management (DEM) Director's Office. E. Fiscal and Program Accountability. The Subgrantee must establish fiscal control of subgrant funds and required matching expenditures as required in Federal Emergency Management Agency (FEMA) regulations and OMB Circulars. The Subgrantee acknowledges that it has full responsibility for fiscal and programmatic accountability for this subgrant. In the event the Subgrantee is unable to produce records capable of being audited without reconstruction by auditors, all funds paid under this Agreement by the Grantee to the Subgrantee shall be disallowed and subject to repayment. The accounting system established and maintained by the Subgrantee must have internal controls adequate to safeguard the assets of the Subgrantee, check the accuracy and reliability of accounting data, promote operating efficiency and ensure compliance with described management policies of this Agreement. F. Recording and Documentation of Receipts and Expenditures. Accounting procedures must provide for an accurate and timely recording of receipt of funds by type of expenditures made from such funds and of unexpended balances. Accounting procedures must be adequate to ensure that expenditures charged to this subgrant are for allowable purposes and that documentation is readily available to verify that such charges are accurate. Failure to create and maintain said documentation may result in the disallowance and recovery of funds. G. Unexpended Funds. Unexpended funds which are reflected on the final Close-out Report referred to in Paragraph H.D. above will automatically revert to the Grantee, and the Grantee reserves the right to unilaterally reobligate such funds. H. Obligation of Grant Funds. Subgrant funds shall not be obligated prior to the effective date, or subsequent to the termination date, of the subgrant period. Obligations outstanding as of the termination date shall be liquidated within thirty (30) days. Such obligations must be related to goods or services provided and utilized within the subgrant period. 3 *%W "r/ I. Retention of Records. 1. All original records pertinent to this Agreement shall be retained by the Subgrantee for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later. However, if any litigation, claim or audit is started before the expiration of the three-year period and extends beyond the three-year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work shown in paragraph II.C. and all other applicable laws and regulations. 3. The Subgrantee, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its public records at reasonable times to the Grantee, its employees, and agents. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Grantee. I Audit Requirements. The Subgrantee agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. 1. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Grantee. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 2. The Subgrantee shall also provide the Grantee with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. 3 .. The Subgrantee shall provide the Grantee with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, Florida Statutes, and Chapter 10.550, Rules of the Auditor General, and to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. ss. 7501-7507 as amended 1996, OMB Circular A-133 for the purposes of auditing and monitoring the funds awarded under this Agreement. 4. The annual financial audit report shall include all management letters and the Subgrantee's response to all findings, including corrective actions to be taken. 4 M 5. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and grant revenue by sponsoring agency and Agreement number. 6. The complete financial audit report, including all items specified in J.4. and 5. above, is due on or before April 30, 2001 and shall be sent directly to: Department of Community Affairs Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 7. In the event the audit shows that the entire amount of awarded funds, or any portion thereof, was not spent in accordance with the conditions of this Agreement, the Subgrantee shall be held liable for reimbursement to the Grantee of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Grantee has notified the Subgrantee of such non-compliance. The Grantee may offset current awarded funds to reimburse for previous year non-compliance. If the Subgrantee fails to provide the reimbursement within 30 (thirty) days, then the Subgrantee authorizes the Grantee to deduct the amount to be reimbursed from any funds awarded to the Subgrantee but not yet released by the Grantee. 8. The Subgrantee shall have all audits completed by an independent public accountant (IPA) who shall be either a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the applicable provisions noted above. K. Modification of Agreement. Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. L. Notice and Contact: 1. All notices provided under or pursuant to this Agreement shall be set forth in writing and delivered either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below. Said notification shall be attached to the original of this Agreement. 2. The Department designates Edgar W. Gonesh, Planning Manager, Division of W M 'r/ Emergency Management, as the Department's. Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to him at the following address: Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 3 23 99-2 100 E-Mail - edgar.gonesh@dca.state.fl.us 3. The signer of this Agreement or his/her designee shall be the County's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to him/her at the following address: JACK T. SOUTHARD 101 NORTH ROCK ROAD FORT PIERCE, FLORIDA 34945-3438 Telephone #:( 56X 462-1736 4. All payments relating to this Agreement shall be mailed to the following address: ST. LUCIE COUNTY FINANCE DEPARTMENT ATTN: SUSAN LAWERENCE, CONTRACTS/GRANTS 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA 34982 5. In the event that different representatives are designated by either party after execution of this Agreement, notice of the name, title, address and telephone number of the new representative will be rendered as provided in paragraphs L.3. and LA. above. M. Subcontracts. 1. If the Subgrantee subcontracts any or all of the work required under this Agreement, the Subgrantee agrees to include in the subcontract language binding the subcontractor to the terms and conditions of this Agreement with the Grantee. 2. The Subgrantee agrees to include in the subcontract language stating that the subcontractor shall hold the Grantee and Subgrantee harmless against all claims of whatever nature which may arise out of the subcontractor's performance of work under this Agreement, to the extent allowed by law. 3. If the Subgrantee subcontracts, a copy of the executed subcontract must be forwarded to the Grantee within thirty (30) days after execution. %W *40 III. STANDARD CONDITIONS A. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre -audit and post -audit thereof. B. Bills for any travel expenses must be submitted in accordance with Section 112.061, Florida Statutes. C. Units of deliverables, including reports, findings, and drafts as specified in Paragraph II.C. of this Agreement, must be received and accepted by the contract manager prior to payment. D. The Grantee may unilaterally cancel. this agreement for refusal by the Subgrantee to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutesand made or received by the Subgrantee in conjunction with this Agreement. It is expressly understood that substantial evidence of the Subgrantee's refusal to comply with this provision shall constitute a breach of contract. E. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e)[Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA- Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. F. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. IV. LEGAL AUTHORIZATION The Subgrantee certifies with respect to this Agreement that it possesses legal authority to receive the funds to be provided under this Agreement. The Subgrantee also certifies that the undersigned possesses the authority to legally execute and bind Subgrantee to the terms of this Agreement. 7 M M The Subgrantee acknowledges that the responsibility for complying with the approved subgrant award rests with the Subgrantee and acknowledges that failure to do so constitutes grounds for the recession or suspension of this subgrant and may influence future subgrant awards. IN WITNESS HEREOF, the Grantee and the Subgrantee have executed this Agreement; FOR THE SUBGRANTEE: BY: Authorized County Official Name/Title Date FOR THE GRANTEE: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS RIM Authorized Department Official Joseph F. Myers/Division Director Name/Title Date Federal Employer ID # Catalog of Federal Domestic Assistance Number and Program CFDA # 83.552 Emergency Management Performance Grant (EMPG)(formerly known as SLA) Attachment A STATEMENT OF ASSURANCES To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the Subgrantee hereby assures and certifies that: (a) It possesses legal authority to enter into this agreement, and to execute the proposed program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the disaster relief funding agreement with the Grantee, including all understandings and assurances contained therein, and directing and authorizing the Subgrantee's chief ADMINISTRATIVE officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Subgrantee or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Subgrantee shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose state above; (d) All Subgrantee contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Subgrantee for eligible contract work completed prior to the date the notice of suspension of funding was received by the Subgrantee. Any cost incurred after a notice of suspension or termination is received by the Subgrantee may not be funded with funds provided under this Agreement unless previously approved in writing by the Grantee. All Subgrantee contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work -week. Z %0,, 'wi/ (fl It will comply with: (1) Title VI of the Civil Rights Act of,and States shal ontions issued the grounds of pursuant thereto, which provides that no person in the United race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Subgrantee receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Subgrantee, this assurance shall obligate the Subgrantee, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be 'discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; (g) The Subgrantee agrees to comply with, the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and :in telecommunications; (h) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, FS; (i) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; 0) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; 10 (k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements.regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; (1) It will -require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Subgrantee will be responsible for conducting inspections, to ensure compliance with these specifications by the contractor; (m) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. (4) When any of Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800.(2)(e), the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the 11 Standards, Recipient agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recordation. measures, including -but not limited to, impacts to archeological sites, and the salvage, storage, Cy and reuse of any significant architectural features that may otherwise be demolished. (5) Recipient agrees to notify FEMA and the Department if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where -these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA-will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property. If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological.Properties." Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do no object within 15 calendar days of receipt of the treatment plan, FEMA may direcf Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, g the legal power to prevent it, allowed such significant adverse affect to occur. 12 (n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S:C.: 1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex; (o) It will comply -with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (q) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; (s) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; (t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or nation origin; (u) It will comply with the Clean Air Act of 1955, as amended; 42 U.S.C. 7401-7642; (v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626; (w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544; (x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (z) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq; (bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-discrimination; 13 ,rw�w E5 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DM%W 4115 ITEM NO. C 6A' DATE: April 11, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: onald B. WeW, P.E. County Engineer SUBJECT: Work Authorization No. 15 with Lindahi, Browning, Ferrari & Helistrom, inc. for Engineering Services Related to Roadway and Intersection Design - Port Entrance Road Feasibility Study BACKGROUND: The County entered into a Joint Participation Agreement (JPA) with the Florida Department of Transportation for the execution of $1.2 million to be utilized for a Feasibility and a Project Development and Environmental (PD&E) Study. The purpose of the study is to provide the engineering and environmental documentation necessary to assist the County in making an informed decision related to the feasibility of a proposed flyover entrance into the northem portion, of the Port of Fort Pierce. Lindahl, Browning, Ferrari & Helistrom, Inc., was selected to perform the scope of services for a total cost of $103,515.00. FUNDS AVAIL-- Fundss will be made available in 140306-4315 563005-400 - improvements other than Building Construction Engineering PREVIOlI$ ACTION: 919197 -Approval of JPAwi t FDOT for fungi of PD&E Study (Res. 97-06). 10/6/97 - JPA executed by FDOT for $1.2 million. 9/8196 - SOCC approved Scope of Services with LBF&H to perform the PD&E study. 6/8/99 - BOCC approved extension of JPA (Res. 99-126). REC MMENDATION: Staff recommends BOCC approval of Work Authorization No. 15 with Lindahi, Browning, Ferrari & Helistrom, Inc., for Engineering Services Related to Roadway and intersection Design for the Port Entrance Road Feasibility Study in the amount of $103,615.00, and authorization for the Chairman to sign. � COMMISSION ACTION: [ x] APPROVED [ ] DENIED [ ] OTHER: [may ��� , p4o► oro ng Dept. Puauc Works, P"fte"Y"Irmv p6uqMs Anderson Coyfity Administrator coabNsi�naturec y, &/4 i1'.am//l� t 18ud9etlRev (XICo. Eng�_, [ l Port of fit. Pierce Development Community Development Geographic Information Systems Map prepared April28,1998 N itw msa ties lean cp*c+ee kr usnerN viXnrina Xna mr«ca w�cosss cM' wrws .�' Mon nn Ee6n nrEa w P� Xe nwv anarX an0 soass�a F�urretlm pottbk.Xk nol YXerdBG XY uw u � kpWy anWV �+^°M. Cm DIVA # 15 WORK ALTMORIZATION r:A Q rw� -� Mar • :;- �: i .±1�. li.JP :y�.� t • _;�• :firms-ML_;__ w • 0_*t_ 74L • ` ' • _C . ji�•F. Pursuant to that certain Agreement Between County sad Bngiaoar foi Continuing Professional Engineering Services (the., "Agreement") (Comttact No. C97-11-187) between St. Lucie County (tho "County") and Lindahl, Browning, Ferrari & &Ilsttom, Inc., .(the ",Eagumel) dated Nomnber Z$, 1997, Engineer agues to provide the scope of services describoti in Exhibit "A'. for the compensation described in Exhibit 'B," Ali services provided under this Work Authorization shall be completed according to the schedule described in Rxkbit "C." IN WM14ESS WHERBOP, the County has hereunto sub='bad and the Engineer has affixed his, its, or their names, or -name, on the dates below. ATTEST: *N oo . BOARD OF COUNTY CObQMSIONERS ST. LUCM COMM, FLORIDA BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: DATE: COUNTY ATTORNEY r VITM ?SSES: ENGINEEL BY: Frint Name: Marty Senders. P.E. Vice President LINDAHL, BROWNING, FERRARI & HEii LSTROM, INC. DATE' Atml FA98.02 lW0RK A V1'i-01-A.ddQ ,.. TABLE OF CONTENTS WorkAuthorization...................................................................................................i Tableof Contents.......................................................................................................ii Location Map Exhibit A — Scope of Services...................................................................................1 StudyPurpose............................................................................................................1 Task 1 — Data Collection 1. Existing Conditions................................................................................2 Task 2 — Planning, Environmental and Developmental Considerations and Analysis 1. Proposed Improvements........................................................................2 2. Environmental Impacts..........................................................................I 3. Public Involvement...............................................................................3 4. Right -of -Way Needs.............................................................................3 5. Identify Environmental/Soils Features.................................................4 6. Cost and Benefit Analysis.....................................................................4 7. Conclusions...........................................................................................4 SpecialProvisions......................................................................................................4 Exhibit B — Compensation — Estimate of Work Effort and Fee................................6 Exhibit C — Time of Performance..............................................................................7 M w W N J PINEGROVE CEMETARY J J0 CANAL C 25 TAYIpR CREEK Approximate Study Area AVE. Of P = �-z Cn AVE. G G AVE. Q c o jig Undahl. Browning, Ferrari & Hellsfrom, Inc. CONGMTINC E� RS co . VP 0R PROPOSED NORTH ENTRANCE TO THE PORT OF FT. PIERCE N.T.S. SQ�Z� E5 EXHIBIT A SCOPE OF SERVICES NORTH ENTRANCE TO THE PORT OF FORT PIERCE AT SR 5 (US 1) ST. LUCIE COUNTY STUDY PURPOSE The purpose of the study is to provide the engineering and environmental documentation necessary to assist the County in making an informed decision related to the feasibility of a proposed flyover entrance into the northern portion of the Port of Fort Pierce. As presently conceived, the entrance will generally be accessible through an extension of Avenue O east of US 1, which will bridge over Old Dixie Highway and the FEC Railroad- The study will generally follow the guidelines outlined in the Department of Transportation "Corridor Management Procedui-e " effective April 18, 1996 and all subsequent revisions. Page 1 of 7 P:\98-0200\Scope of Services -Phase Ldoc *%W *4W TASK 1 DATA COLLECTION 1. EXISTING CONDITIONS The CONSULTANT will collect and present information to identify the need for the particular improvement including: A. Physical Conditions: A narrative will be developed in connection with photo logging and the collection of as -built construction plans to yield a sufficient understanding of the current physical attributes of the proposed northern entrance envelope. Correspondence to utility owners and the FEC Railroad will be made by LBFH requesting any future expansion plans for their respective facilities that may impact this project. LBFH will gather data concerning existing drainage features of the project area such as USGS Quad Maps, available aerial photos, etc. B. Traffic and Accident Data: The CONSULTANT will collect existing traffic information from the FDOT (latest available), prior traffic studies and projections, to prepare an initial evaluation of the level of service for the SR 5 (US 1) envelope and relevant adjoining intersections of the proposed improvements. Regional transportation issues will be considered including the compatibility with local and regional transportation plans. The CONSULTANT will collect and compile relevant accident histories from City, County and State sources from the available history report database (1995 — 1997). Information will be presented to describe the relative safety of the proposed projects general placement including the safety ratio, net crash listing, pavement conditions influence, ridability indexing and lighting factors. Collision diagrams will be evaluated to identify potential patterns and trends. TASK II PLANNING, ENVIRONMENTAL AND DEVELOPMENTAL CONSIDERATIONS AND ANALYSIS 1. PROPOSED IMPROVEMENTS A. Alternatives: The CONSULTANT will, based on information compiled and by recognition of the County's project needs, present three apparent configurations for accomplishing the desired northern entrance connection. Each alternative will generally consist of the bridge location and alignment, the approximate bridge length, horizontal and vertical clearance requirements. Page 2 of 7 P:\98-0200\Scope of Services -Phase Ldoc %mol' `r/ The three alternatives will be described in narrative form and will include schematic plans to illustrate their horizontal and vertical alignment relative to the existing surroundings. The alternatives will be developed to include laneage, pedestrian access, and signalization and will be cognizant of planned and programmed improvements. B. Traffic Operations Impact: The CONSULTANT will evaluate each of the three alternatives for traffic performance with regards to the level of service of the connection to SR 5 (US 1) and the relative affects on the roadway system. Methodology and analysis will be presented regarding intersection traffic projections. The CONSULTANT will prepare a narrative offering expected reductions in traffic related accidents due to adoption of each alternative. 2. ENVIRONMENTAL IMPACTS A. Social Impacts: The CONSULTANT will identify aspects of the alternatives that have influence on the community including land use changes, historical amenities and project suitability, parks, schools, churches, cemeteries and public buildings within the community. B. Natural Impacts: The CONSULTANT will identify aspects of the alternatives that have influence on the environment including wetlands, wildlife and habitat. C. Physical Impacts: The CONSULTANT will identify aspects of the alternatives that relate to air and noise impacts, water quality conditions and other physical effects. 3. PUBLIC INVOLVEMENT The CONSULTANT will present proposed public involvement plan objectives. This will include one presentation to a local public entity such as the Metropolitan Planning Organization (MPO) or the Board of County Commissioners. Page 3 of 7 P:\98-0200\Scope of Services -Phase Hoc *40, `41f 4. RIGHT-OF-WAY NEEDS The CONSULTANT shall make a preliminary determination of the required right-of- way for each of the alternatives. The evaluations will consider relocations and impacts to the community. 5. IDENTIFY ENVIRONMENTAL/SOILS FEATURES LBFH will perform a preliminary evaluation for ground contamination. A limited field exploration will also be performed to obtain site specific soils and goundwater table data. 6. COST AND BENEFIT ANLAYSIS The CONSULTANT will develop a relationship between relative costs of the alternatives and the relative benefit derived by each alternative. This information will be preliminary in nature, but will provide another criteria base for comparing the alternatives. 7. CONCLUSIONS The CONSULTANT will offer recommendations and conclusions based on the information compiled and evaluated in the sections listed above. SPECIAL PROVISIONS Submittal to the COUNTY, and acceptance and approval by it, of the completed Feasibility Study shall constitute conclusion and fulfillment of Engineer's work for this Agreement. However, if any agency or entity does not honor its conceptual or preliminary approval upon which the Engineer has used in good faith to complete the study, then any additional work effort required of the CONSULTANT for modifying the report shall be paid for by the COUNTY on a Time and Expense basis. 2. This Agreement does not include conducting any regional or sub -basin drainage study, DRI, or litigation. 3. The COUNTY shall designate, in writing, a person to act as the COUNTY'S representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the COUNTY'S policies and decisions with respect to the CONSULTANT services for the project. 4. The COUNTY shall assist the CONSULTANT, by placing at the CONSULTANT'S disposal, all available information pertaining to the project, including existing traffic data, right-of-way information, maps in the COUNTY'S GIS inventory, previous reports and any other data related to the project. Page 4 of 7 PA98-0200\Scope of Services -Phase Ldoc 5. Ownership of Documents. Upon completion and acceptance of the final work, the CONSULTANT shall furnish to the COUNTY, the original report. The CONSULTANT may keep a reproducible set of the original drawings and shall keep all other data collected during the provision of the services. The COUNTY may at his expense, obtain copies of any data which the CONSULTANT has accumulated in the process of providing the services on this project. Any reuse without written verification or adaptation by the CONSULTANT for the specific purpose intended will be at the COUNTY'S sole risk and without liability or legal exposure to the CONSULTANT; and the COUNTY shall to the extent permitted by law indemnify and hold harmless the CONSULTANT from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaption will entitle the CONSULTANT to further compensation at rates to be agreed upon by the COUNTY and the CONSULTANT. Nothing contained herein shall be construed as a waiver of sovereign immunity as provided in Florida Statutes 768.28. 6. All contractual matters pertaining to this work authorization shall be in agreement with the Continuing Professional Engineering Services (Contract No. 97-11-187) between St. Lucie County and Lindahl, Browning. Ferrari & Hellstrom, Inc. Page 5 of 7 PA98-0200\Scope of Services -Phase Ldoc `%or `404 EXHIBIT B - COMPENSATION The COUNTY agrees to pay the CONSULTANT as compensation for services under and described below. "Lump Sum" (L.S.) fees are fixed amounts to be paid in full, for the service or activity indicated. "Time and Expense" (T&E) fees are only estimates and are to be paid for as incurred. Fees shown below are not to be exceeded without authorization from the County. If a greater work effort is required, the Engineer will notify the County and agree upon a revised fee. TASK 1 - Data Collection..............................................................................LS $12,825.00 TASK 2 - Planning, Environmental & Developmental Consideration Andanalysis..................................................................................LS $57,750.00 TASK 3 - Bridge Location/Alternate Span Analysis....................................LS $20,670.00 TASK 4 - Design Survey...............................................................................LS $ 1,520.00 TASK 5 -Soil Survey and Geotechnical........................................................LS $ 5,250.00 TASK 6 - Contamination Screening Evaluation............................................LS $ 2,500.00 TASK 7 — Direct Expenses............................................................................LS $ 3,000.00 TOTAL......................................................................................................... $103,515.00 Page 6 of 7 PA95-0200\Scope of Services -Phase Ldoc EXHIBIT C — TIME OF PERFORMANCE • Submit Draft of Feasibility Report - 120 calendar days after Notice to Proceed. Submit Final Feasibility Report — 45 calendar days after receiving comments on Draft Feasibility Report. Page 7 of 7 P:\98-0200\Scope of services -Phase Ldoc m m / 2 \ § ® - / \ \ \ cu \ � \ \� e f = 2 u f 2 = u = 3 \ \ e = \ \ m c � < m oc 2 - m - = m cg 6E z\ \ 8 R - z» _ @ 07 j / 5 2 / 5 j j <7 = z ® ® \ \ \ j / 000 £ 2 \ Q to _ C u \ \ \ \ \ } \ \ / < k 5 = w A w a a K a e io 0 0 � r .N � r ¢ O sus p 0 0 W w ° o rI cG z O o-' fs U > U En .N W z �o z 0 >¢o�,„ o w g z �- c o p " ° z U x O o S O N kn ) F� � > x O H CD o 0 0 O ¢ O v s 1r, w w z -� z o w c o O O O O O O O O O O O O O O O O r CD O "n 0 0 rq 0 0 0 ^ N O n v1 � [� N In f'1 O M O Qw O00 W69 E6 6'3 fig 69 69 fH 69 cnz a �i] O V1 6 In ol v V 0 s CA W �„� oz o N a QED o d c p o Q O �^ n F ¢ m o - ZD c R W F O C > r o 7 U ' c v Q M E� n W v°� U p C F c > 0 O a O d N Q7 0 0 N 0 ro U a m *✓ z r r — r U•— cn - i N C O O O U L .O Cn > = G � C C -ZD ` c ai o u c r o T c Y U O r J r O U u C in p G J i U T to J O CL cj — N G� N v U - s < N- ^ CD V 7 V1 C L — .r Q zs CD CDS2 M l� Vl N m z -- ✓� cri v, cn U) Jn cn V) cn U N U N J � N CU — 0 U171a a v a C: AGENDA REQUEST `" 0 ITEM NO. C-613 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DEPT SUBJECT: DATE: April 11, 2000 REGULAR[] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: Tc14U. C ,'— Donald B. We t, P.E. County Engineer Approval of Contract for Engineering Design Services for the River Branch MSBU to provide potable water by Port St. Lucie Utilities to the River Branch Estates Subdivision. Work Authorization No. 5 to the Agreement for Continuing Professional Engineering Services with Culpepper & Terpening. BACKGROUND: On June 2, 1998, the Board created the River Branch Estates MSBU to provide potable water improvements to the River Branch Estates Subdivision and authorized the County Engineer to proceed with the final engineering and design of the Project. Engineering Staff is proposing to contract with Culpepper & Terpening to prepare the engineering design and to assist in bidding the project as described in the attached work authorization, in the amount of $10,000.00 . FUNDS AVAIL.: Per Attached Budget Resolution No. 00 -76 PREVIOUS ACTION: May 5, 1998 - Board accepted the petition and granted permission to advertise the Initial Public Hearing June 2, 1998 - Board created the River Branch Estates MSBU and authorized the County Engineer to proceed with the engineering and design of the Project. RECOMMENDATION: Staff recommends approval of the attached engineering design contract (Work Authorization No. 5) to the Agreement for Continuing Engineering Services with Culpepper & Terpening, for potable water improvements to the River Branch Estates Subdivision in the amount o 10,000.00, and authorization for execution by the Chairman of the Board. M in COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: [x]County Attorney [x]Public Works Dir [X]FinanceMV J msbu\riverbr\aga-eng 1.wpd Coordination/Si natu es 7% [x ]Mgt. & Budge [x ]Co. Eng CONCURRENCE: Douglas Anderson County Administrator [ ]Purchasing [x]B & R Coor SRtI cm n RESOLUTION NO. 00-76 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 in the form of contributions from the property owners participating in the River Branch Estates Municipal Services Benefit Unit. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 4 h day of April, 2000, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-2000, and the County's budget is hereby amended as follows: REVENUES 395-0000-384300-4512 Proceeds - Contrib From Property Owners $11,000 APPROPRIATIONS 395-4115-563003-4512 Improvements O/T Buildings - Survey $2,800 395-4115-563005-4512 Improvements O/T Bldgs - Consulting Engineer $6,200 395-4115-563008-4512 Improvements O/T Bldgs - Advertising $600 395-4115-563011-4512 Improvements O/T Bldgs - Permits/Appl $1,000 395-9910-599330-4512 Project Reserves 400 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn, Chairman XXX Commissioner Frannie Hutchinson, Vice Chairman XXX Commissioner Paula A. Lewis XXX Commissioner Cliff Barnes XXX Commissioner Doug Coward XXX PASSED AND DULY ADOPTED THIS 4T" DAY OF APRIL, 2000. ATTEST: APPROVED AS TO CORRECTNESS BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN AND FORM: COUNTY ATTORNEY $11,000 G: \BUDCETI W P\AGENDA'S W gendaOO44River_Branch. wpd WORK AUTHORIZATION NO.,� Engineering Services Related to a Water Main Extension to River Branch Estates Subdivision Pursuant to that certain Agreement between County and Engineer for Continuing Engineering Services (the "Agreement") between St. Lucie County (the "County") and Culpepper & Terpening (the "Engineer") dated September 07, 1996, Engineer agrees to provide the Scope of Services described in Exhibit "A" to this Work Authorization related to surveying, design and permitting of a water main extension for River Branch Estates. The Engineer shall be compensated an amount not to exceed $9,000.00 for these services as further described in Exhibit "B" (excluding Task 5). The schedule for completion of the services is described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Consultant has affixed his, its, or their names, or name, on the dates below. WITNESSES: ST. LUCIE COUNTY, FLORIDA M. COUNTY ADMINISTRATOR DATE: APPROVED AS TO FORM AND CORRECTNESS: UH ENGINEER BY: *CP E R & NING, INC. DATE: ` .,, L U 1.3 L 't C)mydoc/contracts'9721 M3slcu.doc %W EXHIBIT A 1.40 SCOPE OF SERVICES — RIVER BRANCH ESTATES MSBU POTABLE WATER IMPROVEMENTS THE ENGINEER SHALL PROVIDE THE FOLLOWING SERVICES FOR THE PROJECT: TASK 1: ROUTE SURVEY The ENGINEER shall perform a topographic right-of-way and route survey for establishment of the existing infrastructure and facilities and prepare the final base maps reflecting said information for the selected route. TASK 2: FINAL DESIGN The ENGINEER shall prepare final design drawings for the proposed water main extension including the following: A.Horizontal alignment. B.Design surveys reflecting existing utilities conflicts and infrastructure. C. Typical sections where required. D. Construction details. TASK 3: PERMITTING The ENGINEER shall prepare and submit permit applications for the following permits: A. A Water Distribution System General Permit from FDEP. B. A Utility Permit for occupancy within County rights -of -way from St. Lucie County. C. Approval of design plans and co -signature of the FDEP application by the Port St. Lucie Utility Systems Department. TASK 4: BIDDING AND AWARD A. Prepare contract documents suitable for obtaining competitive bids for the project. B. Prepare a final engineer's cost estimate for project construction. C. Review bids and recommend award to the lowest responsive bidder. C /mydodconacL072 I Uslcu.doc TASK 5: MSBU COORNNATION/MEETINGS `W The ENGINEER shall attend three (3) MSBU Meetings and coordinate with the County staff throughout the formation of the MSBU in order to implement the project. The Engineer shall also provide an Engineer's Estimate of Probable Cost or other information regarding the MSBU as requested by County staff. The above services are predicated on the following: 1. Construction services are not included herein. 2. Preparation of a Developer's Agreement or Interlocal Agreement with PSLUSD is the responsibility of the County. 3. Any easement preparation required is not included herein. 4. No environmental permitting or any manner of wetland permitting included herein. 5. Construction stakeout is not included herein. 6. No services not specifically set forth hereinabove are included. 7. Field verification of the existing right-of-way is not included herein. Clmydoc/conuaccW972 I k3slcu.doc *✓ EXHIBIT B COMPENSATION TO THE ENGINEER For the services set forth in Appendix B, Scope of Services, the fee compensation to the ENGINEER shall be as set forth herein. The term "L.S." indicates a Lump Sum fee for the tasks specified and is intended to be a fixed fee not subject to change without the agreement of both parties. The term "Hourly" indicates that the tasks specified will be performed on an hourly rate basis in accordance with the fee schedule set forth in Appendix "A" and the fee shown is an estimated budget figure only and could vary either higher or lower than the budget estimate. TASK 1 —Route Survey TASK 2 —Final Design TASK 3 — Permitting TASK 4 — Bidding and Award Total All Services TASK 5 — MSBU Coordination/Meetings $ 2,800.00 L.S. $ 4,450.00 L.S. $ 1,000.00 L.S. $ 750.00 L.S. $9,000.00 L.S. $ 1,000.00 T&E Clmydoc/contracts/9721 Uslcu.doc 05 M EXHIBIT "C" Time Performance For services outlined in "Scope of Services, the time of performance of the ENGINEER is estimated as follows with time commencing upon receipt of Notice to Proceed: TASK DESCRIPTION DURATION 1 Route Survey 30 Days 2 Final Design 45 Days 3 Permitting 90 Days 4 Bidding & Award 60 Days 5 Coordination N/A CJmydoc/conlracts/9721 tt3slcu.doc ,%me AGENDA REQUEST 4 ITEM NO. C-7-A DATE: April 11, 2000 REGULAR [ ] PUBLIC HEARING [.] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Bid #00-017 Remove and Replace Fencing at UDT/Seal Museum - Reject all bids BACKGROUND: See attached memorandum from Leisure Services FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends rejecting all bids for the removal and replacement of the fencing at the UDT/Seal Museum and request permission to re -advertise for bids. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: !✓ 4-' County Attomey:(X) v Originating Dept: Finance: (Check for Copy only, if Applicable) Coordination/Signatures Mgt. & Budget: Other: -J nderson Administrator Purchasing Mgr.:(X) tl�3 Other: Eff. 1/97 H:\WP\AGENDAS\BIDS\2000-017 reject.wpd 0 `400, W V) W W J = (j) W U Q oz p t0 W J m Z _ O I- CO) H p V Z O O N m W LL , Ha V W p w J (L uj � C.) W p LL �aO0 O > 0 W z 2 UJ W CL m w J O o W TM � v Z LLJ U. Z O O O Z Ha r,.: o V- Wco Co to V Ift W) N 00 z W V Q WZ W LL,V—a, Lou ZI-.. od FN— = U. ~ Q 0 OLU ad V) >Z O IL ad w Q 0 OV a a �rx m J � a m Q u. Z w 00: O u. O HOa LL 2 O G Q W W CL 49 cm M E M O R A N D U M TO: Charles Bicht, Purchasing Manager FROM: Patti Raffensberger, Special Facilities Manager, Leisure Services Department DATE: March 21,2000 SUBJECT: Bid Rejection Bid No. 017-00, Removal and Replacement of the fence at the UDT/Seal Museum was opened in February. There were 3 options given and bids on 2 of them came in over the budgeted amount. Additionally, only one bid was received. After discussions with the Leisure Services Director, our recommendation to you is to reject the bid received and re -bid the project. Please let me know if there is anything else that needs to be done. C: Jack Privateer, Parks Supervisor Pete Keogh, Parks Manager *MW AGENDA REQUEST *MOF ITEM NO. C-7-B TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING SUBJECT: Agreement Extension with Spirit Services Company. BACKGROUND: See attached Agreement Extension FUNDS AVAIL.:' N/A PREVIOUS ACTION: N/A DATE: April 11, 2000 REGULAR [ ] PUBLIC HEARING [.] CONSENT [XX] PRESENTED BY: CHARLES BICHT RECOMMENDATION: Staff recommends approval of the Extension Agreement with Spirit Services Company and authorize the chairman to sign the agreement. COMMISSION ACTION: ] APPROVED [ ] DENIED [ ] OTHER: County Attomey:(X) Originating Dept: Finance: (Check for Copy only, if Applicable)_XX_ Coordination/Signatures Mgt. & Budget: Other: nderson Administrator Purchasing Mgr.:(X) Other: Eff. 1 /97 H:\WP\AGENDAS\OTHER\Spirit Services Extension.wpd En AGREEMENT EXTENSION THIS AGREEMENT EXTENSION, made this day of , 2000, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "COUNTY", and SPIRIT SERVICES COMPANY, a Florida Corporation or its successors, executors, administrators, and assigns hereinafter called the "VENDOR": WITNESSETH: WHEREAS, on June 16, 1998, the parties entered into an Agreement wherein the Vendor agreed to provide uniforms to the County for an initial term of two years, with the option to extend the Agreement for two additional terms of one year each on the same terms and conditions; and WHEREAS, on June 2, 1999, the Vendor, Warren Uniform Company, changed their name to Spirit Services Company; and WHEREAS, the parties have agreed to exercise the first of the two options and extend the term of the original Agreement of June 16, 1998 for one year until June 16, 2001 on the same terms and conditions. NOW, THEREFORE, in consideration of the mutual promises contained herein, the original Agreement of June 16, 1998, is hereby extended until and through June 16, 2001 and the name of the Vendor is hereby changed from Warren Uniform Company to Spirit Services Company. Except as amended herein, the remaining terms and conditions of the original Agreement of June 16, 1998, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed or have caused this Agreement Extension to be duly executed in several counterparts, each of which counterpart shall be considered an- original executed copy of this Agreement Extension. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK WITNESSES: 1 gAat y\ gree\extspiritwan-en.00 APPROVED AS TO FORM AND � 111.fix y►dl- �I �I..� COUNTY ATTORNEY SPIRIT SERVICES COMPANY BY: x I t / Print Name: Title: `W AGENDA REQUEST �.✓ ITEM NO. C-7-C DATE: April 11, 2000 REGULAR[] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: RFP#00-019 Solid Waste Engineering Services -Approve ranking and permission to negotiate with top ranked firm. BACKGROUND: On February 9, 2000 Proposals were received for Solid Waste Engineering Services. Two hundred three vendors were notified, forty three RFP documents were distributed and two proposals were received. The selection committee, Ray Wazny, Ron Roberts, Leo Cordeiro, Dan McIntyre, Robert Bradshaw, Mike Harvey, and myself elected to interview both proposers. The interviews were held on March 24, 2000. The selection committee ranked the proposers as follows after the interviews. 1. Camp, Dresser & McKee 2. WCG Inc., Professional Engineers FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the ranking, permission for staff to negotiate with the top ranked firm and authorize the chairman to sign the contract as prepared by the County Attorney. All work authorizations under this contract will be approved by the BOCC. COMMISSION ACTION: [] APPROVED [ ] DENIED [ ] OTHER: r County Attorney:(X) Doug An(rersorY County Administrator Coordination/Signatures Mgt. & Budget: Purchasing Mgr.:(X) C Originating Dept: Other: Finance: (Check for Copy only, if Applicable)_XX_ Other: Eff. 1 /97 H:\WP\AGENDAS\BIDS\2000-019 award.wpd 05 EJ E ~ F F d z Q Z d Z ;;; t� N en N F 41 a 14 w `trr/ �rri f St. Lucie County Solid Waste Division RFP #00-019 — Solid Waste Engineering Services Selection Committee Evaluation Form Company1firm qualifications and capabilities .................... 0-3 Abilities and capabilities of firm to perform services of this type a. Experience with solid waste engineering projects 0 b. Experience with solid waste environmental projects Qualifications and abilities of professional personnel ............. 0-20 Qualifications and work histories of proposed key personnel on similar projects a. Organization profile and proposed project management b. Specific names and functions of personnel assigned to the project l 0 C. Evidence of current professional registration Firm's knowledge and familiarity with the County System . ......... 0-1071 IWillingness and ability to meet time and budget requirements ...... 0-111 ! 0 1110 II Finn's office location ...................................... 0-1 11 7-1 169 IFin-n's experience in southeast Florida ......................... 0-11 / D I II Firm's ability/experience with the regulating agencies in So. Florida .. 0-1 11 is TOTAL PO Name: Dan McIntyre En V St. Lucie County Solid Waste Division RFP #00-019 — Solid Waste Engineering Services Selection Committee Evaluation Form Companyfrm qualifications and capabilities .................... 0-30 Abilities and capabilities of firm to perform services of this type a. Experience with solid waste engineering projects b. Experience with solid waste environmental projects -3O Qualifications and abilities of professional personnel ............. 0-2 Qualifications and work histories of proposed key personnel on similar projects a. Organization profile and proposed project management b. Specific names and functions of personnel assigned to the project Evidence C. of current professional registration Firm's knowledge and familiarity with the County System . ......... 0-10 Millingness and ability to meet time and budget requirements ...... 0-10 Firm's office location ...................................... 0-10 /C Firm's experience in southeast Florida ......................... 0-111 ) �� IIFirm's ability/experience with the regulating agencies in So. Florida .. 0-10II / � I S II TOTAL POI Name: Leo Cordeiro M CM St. Lucie County Solid Waste Division RFP #00-019 — Solid Waste Engineering Services Selection Committee Evaluation Form Companyfrm qualifications and capabilities .................... 0-30 Abilities and capabilities of firm to perform services of this type S a. Experience with solid waste engineering projects b. Experience with solid waste environmental projects Qualifications and abilities of professional personnel ............. 0-20 Qualifications and work histories of proposed key personnel on similar projects a. Organization profile and proposed project management b. Specific names and functions of personnel assigned to the project C. Evidence of current professional registration Firm's knowledge and familiarity with the County System . ......... 0-1 Willingness and ability to meet time and budget requirements ...... 0-10 Firm's office location ...................................... 0-10 v Finn's experience in southeast Florida ......................... 0-1 GL Finn's ability/experience with the regulating agencies in So. Florida .. 0-1 L TOTAL POL O D I a, 6 �I Name: Charles Bicht "`►' En St. Lucie County Solid Waste Division RFP #00-019 — Solid Waste Engineering Services Selection Committee Evaluation Form rm qualifications and capabilities .................... 0-3 d capabilities of firm to perform services of this type Experience with solid waste engineering projects Experience with solid waste environmental projects ns and abilities of professional personnel ............. 0-2 Ftins and work histories of proposed key personnel on similar Organization profile and proposed project management Specific names and functions of personnel assigned to the project c. Evidence of current professional registration 2Cs 1c� Firm's knowledge and familiarity with the County System . ......... 0-1 I Willingness and ability to meet time and budget requirements ...... 0-10 Firm's office location ...................................... 0-10 Finn's experience in southeast Florida ......................... 0-1 Finn's ability/experience with the regulating agencies in So. Florida .. 0-10 TOTAL POINTS I oF Name: Ron Roberts St. Lucie County Solid Waste Division RFP #00-019 — Solid Waste Engineering Services Selection Committee Evaluation Form Company1firm qualifications and capabilities .................... 0-3+ Abilities and capabilities of firm to perform services of this type Cs� �;� a. Experience with solid waste engineering projects (r� b. Experience with solid waste environmental projectso) Qualifications and abilities of professional personnel ............. 0-20 Qualifications and work histories of proposed key personnel on similar �• projects? a. Organization profile and proposed project managemen(f) 3 b. Specific names and functions of personnel assigned to thwVJ project c. Evidence of current professional registration Firm's knowledge and familiarity with the County System . ......... 0-10 Willingness and ability to meet time and budget requirements ...... 0-10I' R I S"- Firm's office location ...................................... 0-10II *7 14 Firm's experience in southeast Florida .......................... 0-10 �© Firm's ability/experience with the regulating agencies in So. Florida .. 0-10. TOTAL POINTS11 -7 3 I ';, 5 Name: Robert Bradshaw En M St. Lucie County Solid Waste Division RFP #00-019 — Solid Waste Engineering Services Selection Committee Evaluation Form Companyfflrm qualifications and capabilities .................... 0-3 Abilities and capabilities of firm to perform services of this type a. Experience with solid waste engineering projects b. Experience with solid waste environmental projects 3 Qualifications and abilities of professional personnel ............. 0-2 Qualifications and work histories of proposed key personnel on similar projects a. Organization profile and proposed project management b. Specific names and functions of personnel assigned to theO project C. Evidence of current professional registration Firm's knowledge and familiarity with the County System . ......... 0-10 Willingness and ability to meet time and budget requirements ...... 0-10 Firm's office location ...................................... 0-1 Firm's experience in southeast Florida ......................... 0-101 Firm's ability/experience with the regulating agencies in So. Florida .. 0-1 f TOTAL POINTS +�/ Name: Ray Wazny SAL M St. Lucie County Solid Waste Division RFP #00-019 — Solid Waste Engineering Services Selection Committee Evaluation Form Company%finn qualifications and capabilities .................... 07 Abilities and capabilities of firm to perform services of this type Do a. Experience with solid waste engineering projects b. Experience 3 with solid waste environmental projects C� Qualifications and abilities of professional personnel ............. 0-2 Qualifications and work histories of proposed key personnel on similar projects a. Organization profile and proposed project management b. Specific names and functions of personnel assigned to the 10 project Evidence C. of current professional registration Firm's knowledge and familiarity with the County System . ......... 0-1 �v Willingness and ability to meet time and budget requirements ...... 0-1 (� 1 Firm's office location ...................................... 0-1 1� Finn's experience in southeast Florida ......................... 0-1 Firm's ability/experience with the regulating agencies in So. Florida .. 0-1 l TOTAL POINTS /C I-- L Name: Mike Harvey L t� w W 0 \A _ I R c w t L cu s E O c �.- o ca r y �. Y c+ E m C o a) m N O 2 o c cu cyv 3 0 o a� a°i E3 'aO � `L•Lcua)V L -� � c E m 0 LLO a)c 0-° aaacL0)i °(O� O $ C m a 3 3 w wCLUR L L comma m `- C O ai L ,° -p .O 4- Q ccU -o O Z; b1 .r N a a) CO)� p 2 ca C C m y cc C O `C 0 co a N W �. -p C c0 a) 2 O U N ° 'C O y:, cm C CL O "" 0 C'1 ai fn cc0 a� N �O ° 0 co m 4- O U ° c c Z' U 3 y O p N N c0 �+ .� O LL c0 Q O O (D C t a) 7 p -Q a) �' 4= Q N 0 7 p O = a) N .. O a) L �'= o a� t ` t O c U o 'O C O- $ O w o caN . N c ' 0 0 . = O � 3 E� E y c c : E a > o o L 4 E coo �' -� cc ° a E p o o 3 W N (D o o y " c U o °� p E p a -0 U U L 7 c C c > co ''' CO $ 4 N cc V a� E C co O c p y a) 'p a) L L 4? L J cc co= Q L m E V > p W � O O s L c O O O O O O t0 'a C m N w Y >, t (n RS to o f a° �•a,i �O�Up 0 ° � o y $a E La C E oc c EcCO-�O( a UN O O � Lo a) c 'CL O OO OV O Ot ca t�rn O p � O L- Nm t U CO m 2 ._ 3: Q_ A o E* >• a% cc H ay) w �1 J L y W Izs V% T\ rl ca E cu m v 0 a� � L 3 � Ov — Eco L o o N o c a) c a 'o •p {� 0 C N L C3 W E C- cu J N L 0 d O N O N L C 0 LM �; 4= E C c0 O U "_ O CL 0 0 O ° o cv C c i 3 J -°° E a� N o Z p O c0 Q O Q o N �. O C3 'C — O O N — O t% L ,C 0 Q •p �' cOC O C.. F- co C' 7 = O LL. N E 0 � C a 0 cu C U C,. U N C O ca `+ L p N= t0/� pU y N C CA Cd Q L L O 0 N O CO L C6 N N C6 L O -p 0 ++ �U •C CU V CO L 0 L a C6 LZ O p C`' � 0 E +. cCJ C) 'c cu C c6 N cn N p 0 •O 02 :3 0 > 4= 0 L 0 0 0 V 0 3 O 'C to w- 0 4- N L C) E N cA E d. N �, O L O Cc L 0 !, p cA p L �. o L C m t° CL .. w N cc EE EEcu t 3 CM 0 CL '` i E L 0 ° > E °' y cc N C6 °' E N to =_ N LL w- O L O > S '5 O `- ° O 0 7 O O > L O.0 •� 0 n. L co _' m L o C CO Cc L o Q 0= N2 0 E L (D Y = o 0 E c V E 0 c L E a p >. >. a?°caom - ° C D E � _ O C O3Lc �'rnO C f camE uO cc°000° v °� � C O O LU 0p p o _ 9 co � O O 0 y m L H o O >- p 2 C3 iL = U- L F- 0 Q t I— 0 0 O v_ CA � 2 O U 1 0 0 n AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Development/Tourism Divisi2a M ITEM NO. C-8 DATE: April 11, 2000 CONSENT [ X ] REGULAR [ ] PUBLIC HEARING [ ] PRESENTED BY: 19�c'� MMUNITY DEV. DIRECTOR SUBJECT: R. J. Gibson Advertising Invoices BACKGROUND: R. J. Gibson, Inc. has been contracted to provide advertising services for the St. Lucie County Tourist Development Council. The invoices with all back up included in the amount of $5,979.78 for March represents cost for the following: $5,222.28 Media Placement 65.00 Mechanical Art Work $ 617.50 Fees $ 75.00 Public Relations Request approval for payment on the invoices for the month of March in the amount of $5,979.78. FUNDS AVAILABLE: N/A PREVIOUS ACTION• RECOMMENDATION: The Tourist Development Council and Staff recommend Board approval to pay the attached invoices. COMMISSION ACTION: [g ) APPROVED [ ) DENIED [- ) OTHER: Coordination/Signatures County Attorney: Management & Budget: Originating Dept.: Other: Finance: (Check for Copy only, if applicable) Anderson y Administrator Purchasing: Other: roraw\AG AsQ 05 TO: BOARD OF COUNTY COMMISSIONERS AGENDA REOUE840 ITEM NO. C-9 DATE: April 11, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: Dennis Wetzel Director, Information Technology SUBMITTED BY(DEPT): Information Technology SUBJECT: Consider approval of Third Amendment to Consultant Agreement - Roger Miller. BACKGROUND: See attached memorandum FUNDS AVAIL: RECOMMENDATION: Staff recommends the Board approve the Third Amendment to Consultant Agreement and authorize the Chairman to sign the Third Amendmen COMMISSION ACTION: CONCURRENCE: [ X] APPROVED [ ] DENIED [ ] OTHER: A Anderson Administrator Review and ADDrovals County Attorney: Management & Budget Purchasing: Originating Dept Other: Other: Finance: (Check for Co21.7py only, if applicable) Eff. 5/96 M cm INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'5 OFFICE 5T. LUCIE COUNTY, FLORIDA TO: ; Information Technology Director FROM: Daniel 5. McIntyre, County Attorney C.A. NO: 00-437 DATE: March 27, 2000 5U13JECT: Consultant Agreement with Roger Miller - Third Amendment Attached for review and comment is a draft Third Amendment to the Consultant Agreement with Roger Miller along with a draft Agenda Request for the April 4, 2000 Board Meeting. If the drafts are acceptable, please agenda the item for April 4, 2000. Please also forward four (4) originals of the Third Amendment to Mr. Miller for Signature before the April 4 meeting. Given that Mr. Miller's compensation has increased from $20,000 to $120,000 during the contract term, unless Mr. Miller is a "sole source", I suggest we advertise a Request for Proposals (RFP) including costs proposals well before the contract term expires. D5M/cab Attachment cc: County Administrator Management & Budget Manager Finance Director HADSM-RMiller.wpd MAR 2 7 2000 INFORMATION TECHNOLOGY 5T. LUCIE COUNTY Fi. ^RIDA sm", AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS '14EM NO. DATE: April 4, 2000 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): Information Technologies Dennis Wetzel Director Information Technologies SUBJECT: Consider Approval of Third Amendment to Consultant Agreement - Roger Miller BACKGROUND: See attached memorandum FUNDS AVAILABLE: RECOMMENDATION/ CONCLUSION: Staff recommends that the Board approve the Third Amendment Consultant Agreement and authorize the Chairman to sign the Third Amendment. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: Review and Approvals [X]County Attorney: [ ]Management & Budget: []Originating Dept: [x1 Information Technologies []Finance:(check for copy only, if applicable) CONCURRENCE: Douglas M. Anderson County Administrator [] Purchasing: [ ] Other Effective 5/96 THIRD AMENDMENT TO CONSULTANT AGREEMENT THIS THIRD AMENDMENT is made this day of , 2000, between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County"), and ROGER MILLER, or his, its or their successors, executors, administrators, (the "Consultant"). WITNESSETH: WHEREAS, on August 30, 1999, the parties entered into a Consultant Agreement whereby the Consultant agreed to provide consulting services related to the County's SCT Banner System application for an amount not to exceed $20,000.00; and, WHEREAS, on November 2, 1999, it was necessary to amend the Consultant Agreement to allow the Consultant to provide additional consulting services in an amount not to exceed a total of $40,000.00; and, WHEREAS, on January 11, 2000, it was necessary to amend the Consultant Agreement to allow the Consultant to provide additional consulting services in an amount not to exceed a total of $60,000.00; and WHEREAS, it is now necessary to amend the Consultant Agreement to allow the Consultant to provide additional consulting services in an amount not to exceed a total of $120,000.00 and to extend the term of the Agreement to September 30, 2000; and NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Third Amendment, it is mutually understood and agreed that the August 30, 1999 Consulting Agreement is hereby amended as follows: Paragraph 4 "Term" is amended to read: TERM: The term of this Agreement shall begin on August 30, 1999 and shall terminate on September 30, 2000 unless further extended. Paragraph 6 is amended to read: 6. COMPENSATION The Consultant shall be compensated for all services rendered under this Agreement as follows: Travel time from Consultant's office to County and from County to Consultant's office: $75.00 per hour On -site, dial -up remote access, and telephone support: $125.00 per hour. All time to be billed in increments of one -quarter (0.25) hour. Expenses for on -site visits for two (2) or more days consecutively: Meals: $21 per day Hotel: Billed at actual cost Invoices will be generated on a monthly basis. All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. The total compensation to the Consultant shall not exceed twenty thousand and 0/100 ($20,000.00) dollars. n En Except as amended herein, the remaining items and conditions of the August 30, 1999 Consulting Agreement shall remain in full force and effect. 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: Deputy Clerk WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ROGER MILLER (1) BY: (2) G:\ATTY\AGREEMNT\DOCS\MILLER-3A.wpd Q INTER -OFFICE MEMORANDUM 5T. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Dennis Wetzel, Information Technology Director C.A. NO: 00-435 DATE: March 27, 2000 SUBJECT: Consider Approval to Third Amendment to Consultant Agreement with Roger Miller BACKGROUND: On August 30, 1999, the County entered into a Consultant Agreement with Roger Miller whereby Mr. Milleragreed to provide consulting services related to the County'o 5CT Banner 5yotem application for an amount not to exceed $20,000. On November 2, 1999, it was necessary to amend the Consultant Agreementto allow the Conoultantto provide additional Banner consulting services in an amount not to exceed $40,000 (an additional $20,000). On January 11, 2000, it was necessary to amend the Consultant Agreement to authorize the Consultant to provide additional consulting services in an amount not to exceed $60,000 (an additional $20,000). It io now necessary to further amend the Agreement to provide additional consulting services in an amount not to exceed $120,000 and to extend the contract time to September 50, 2000. RECOMMENDATION/CONCLU51ON: Staff recommends that the Board approve the Third Amendment to the Consultant Agreement and authorize the Chairman to sign the Third Amendment. Respectfully submitted Dennis Wetzel, Information Technology Director D5M/cab Attachment H AAg e n d a M e m o-1 n fo Te c h. w pd THIRD AMENDMENT TO CONSULTANT AGREEMENT THIS THIRD AMENDMENT is made this day of 2000, between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County"), and ROGER MILLER, or his, its or their successors, executors, administrators, (the "Consultant"). WITNESSETH: WHEREAS, on August 30, 1999, the parties entered into a Consultant Agreement whereby the Consultant agreed to provide consulting services related to the County's SCT Banner System application for an amount not to exceed $20,000.00; and, WHEREAS, on November 2, 1999, it was necessary to amend the Consultant Agreement to allow the Consultant to provide additional consulting services in an amount not to exceed a total of $40,000.00; and, WHEREAS, on January 11, 2000, it was necessary to amend the Consultant Agreement to allow the Consultant to provide additional consulting services in an amount not to exceed a total of $60,000.00; and WHEREAS, it is now necessary to amend the Consultant Agreement to allow the Consultant to provide additional consulting services in an amount not to exceed a total of $120,000.00 and to extend the term of the Agreement to September 30, 2000; and NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Third Amendment, it is mutually understood and agreed that the August 30, 1999 Consulting Agreement is hereby amended as follows: Paragraph 4 "Term" is amended to read: TERM: The term of this Agreement shall begin on August 30, 1999 and shall terminate on September 30, 2000 unless further extended. 2. Paragraph 6 is amended to read: COMPENSATION The Consultant shah be compensated for all services rendered under this Agreement as follows: Travel time from Consultant's office to County and from County to Consultant's office: $75.00 per hour On -site, dial -up remote access, and telephone support: $125.00 per hour. All time to be billed in increments of one -quarter (0.25) hour. Expenses for on -site visits for two (2) or more days consecutively: Meals: $21 per day Hotel: Billed at actual cost Invoices will be generated on a monthly basis. All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. The total compensation to the Consultant shall not exceed twenty thousand and 0/100 ($20,000.00) dollars. RM 3. Except as amended herein, the remaining items and conditions of the August 30, 1999 Consulting Agreement shall remain in full force and effect. 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 BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: ROGER MILLER,,-" (1) BY: (2) G:\ATTY\AGREEMNTIDOCS\MILLER-3A.wpd M M ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA April 11, 2000 1. MINUTES Approve the minutes of the meeting held March 28, 2000. 2. GENERAL PUBLIC COMMENT t �, �j oy CONSENT AGENDA 1. WARRANTS LISTS �v Approve Warrants List No. 27 and No. 28 2. MOSQUITO CONTROL Agreement Amendment - Consider staff recommendation to approve Amendment No. 1 of 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 H Horizontal Aspirating Aerators and Aerator Parts, and authorize the Chairman to execute the agreement. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. 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. SST. LUCIE COUNTY `� MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA April 11, 2000 1. MINUTES Approve the minutes of the meeting held March 28, 2000. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 27 and No. 28 2. MOSQUITO CONTROL Agreement Amendment - Consider staff recommendation to approve Amendment No. 1 of 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 authorize the Chairman to execute the agreement. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. 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. 03/31/00 S*tVcfg CbOff - 96AM FZA$WARR tip Ltv #21- 28-MAC=26to A1-MAC-2 I tft 14090to pm IM99 145 Mosquito Ptind 28011 j5,62 146 Mosquito Stitt I Pwd 41.44 dW4D TotAL! 188jul.26 PAGE t PA"M 2i,6406 O.w 21,04636 M `%� TO: MOSQUITO CONTROL DISTRICT BOARD SUBMITTED BY(DEPT): Mosquito Control AGENDA REQUEST ITEM NO. C- 2 DATE: April 11, 2000 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: James R. David SUBJECT: Amendment No. I of Agreement No. C99-01-207 with Aeration Industries International, Inc. (aka Aeration Industries) - for Aero II - Series II Horizontal Aspirating Aerators and Aerator Parts BACKGROUND: The Board previously approved Agreement No. C99-01-207 with Aeration Industries, which authorizes annual renewal of the Agreement pending Board approval. A bid for aerators was originally awarded to Aeration Industries on the basis of low bid. The design remains proprietorial, is extremely cost -competitive and is uniquely suited to our salt water use. Aeration Industries remains the sole source for Aero II - Series II Horizontal Aspirating Aerators and their parts. FUNDS AVAIL.: 145-6230-546000-600 Equipment Maintenance PREVIOUS ACTION: Board approved original Agreement No. C99-01-207 which allows for annual renewal RECOMMENDATION: Staff recommends that the Mosquito Control District Board approve Amendment No. 1 of Agreement No. C99-01-207, renewing the annual agreement with Aeration Industries International, Inc. at the fixed pricing specified in Exhibit B, and authorize the chairman to execute the Agreement. COMMISSION ACTION: APPROVED [ ] DENIED [_1 OTHER: County Attorney: Originating Dept County Administrator Review and Approvals Management & Budget Purchasing : Other: Other: Finance: (Check for Copy only, if applicable) _ Eff. 5/96 0 MEMORANDUM TO: MOSQUITO CONTROL BOARD FROM: JAMES R. DAVID, MOSQUITO CONTROL DIRECTOR DATE: APRIL 1, 2000 SUBJECT: AMENDMENT NO. 1 OF AGREEMENT NO. C99-01-207 WITH AERATION INDUSTRIES INTERNATIONAL, INC. (AKA AERATION INDUSTRIES) - FOR AERO II - SERIES II HORIZONTAL ASPIRATING AERATORS AND AERATOR PARTS BACKGROUND: The Board previously approved Agreement No. C99-01-207 with Aeration Industries, which authorizes annual renewal of the Agreement pending Board approval. A bid for aerators was originally awarded to Aeration Industries on the basis of low bid. The design remains proprietorial, is extremely cost -competitive and is uniquely suited to our salt water use. Aeration Industries remains the sole source for Aero II - Series II Horizontal Aspirating Aerators and their parts. RECOMMENDATION: Staff recommends that the Mosquito Control District Board approve Amendment No. 1 of Agreement No. C99-01-207, renewing the annual agreement with Aeration Industries International, Inc. at the fixed pricing specified in Exhibit B, and authorize the chairman to execute the Agreement. LJ FIRST AMENDMENT TO JANUARY 12, 1999 CONTRACT THIS FIRST AMENDMENT, made this day of , 2000, between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing District of the State of Florida, hereinafter called the "District", and AERATION INDUSTRIES INTERNATIONAL, INC., a Minnesota corporation, or his, its or their successors, executors, administrators, and assigns hereinafter called the "Vendor": WHEREAS, on January 12, 1999, the parties entered into a Contract wherein the Vendor agreed to provide aerators and aerator parts to the District through and including March 31, 2000, hereinafter referred to as the "Contract"; and, WHEREAS, the Vendor has submitted an updated pricing list for aerators and aerator parts which shall be effective through and including March 31, 2001; and, WHEREAS, the parties are willing to amend the Contract to extend the term through and including March 31, 2001 subject to the updated pricing list. NOW, THEREFORE, the parties agree as follows: Paragraph 1 of the Contract shall be amended to read as follows: PURPOSE The Vendor agrees to sell to the District certain aerators and aerators parts in accordance with the "Aerator & Parts Pricing for Long Term Supply Contract" memoranda dated April 1, 1997, hereinafter referred to as Exhibit "A", and the "Aerator & Parts Pricing for Supply Contract" memoranda dated March 20, 2000, hereinafter referred to as Exhibit "B". The prices set forth in Exhibit "A" shall be in effect for the period January 31, 1997 through and including March 31, 2000. The prices set forth in Exhibit "B" shall be in effect for the period April 1, 2000 through and including March 31, 2001. Any conflict between the terms and conditions of the exhibits and the terms and conditions of this Contract shall be interpreted in favor of this Contract. No guarantee is given or implied by the District as to what quantities will be ordered by the District during the term of this Contract. 2 Paragraph 6 of the Contract shall be amended to read as follows:. 6. TERM The term of this Contract shall begin on January 31, 1999 and shall continue through and including March 31, 2001. The term of this Contract may be extended 1%w M upon such terms and conditions as agreed upon by the parties. 3. All other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the District has hereunto subscribed and the Contractor has signed his, its, or their name, or names the date aforesaid. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT DEPUTY CLERK ATTEST: SECRETARY g:\agreemnt\contract\ I a-mcd.aeration.wpd CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY AERATION INDUSTRIES INTERNATIONAL, INC. IIn -2- PRESIDENT (SEAL) AIKE-026 Fax Transmission Aeration Industries International Inc. 4100 Peavey Road Chaska, MN 55318-2353 Phone: 612/448-6789 Fax:6121448-7293 Tall Free 800/328-8287 To: Jim David (;Mosquito Control) Date: March 20, 2000 Fax#: 5611462-1565 Pages: 1 ,including cover sheet From: Bill Merkes Subject: Aerdtur & Parts iPric:iirg fur Supply Cuntmct Per your request, listed below is pricing for aerators and the parts, which Aeration Industries will honor until March 31, 2001, Aeration Industries International Inc., Part No. Description Cost/each 510-1102 Aerator, (complete with flotation) $ 1,075.00 3HP 1 PH 208/230V 60Hz 234-115 3HP propelleddiffuser 98.00 21:3-055 Bearing 46.00 330-067 Housing 106.00 239-109 3HP shaft 171.00 232-383 Motor 3HP 1 PH 208/230V 60hz 524.00 336-022 Pontoon Assembly 109.00 250-081 Mounting Plate 46.00 250-084 Mounting Plate (cover) 29.00 249-021 Back-up housing ring 11.00 240-032 Vortex Shield 33.00 250-082 Spacer 1.00 224-021 Caution Decal 1.00 215-313 5/16" Hex Screw 3.00 215-051 5/16" Flat Washer 0.50 215-102 5/16" SS Locknut 0.75 215-312 Hex Head Screw 1.00 215-153 1/4" Set Screw 1.00 i n � �) ill � � � �: �-� i' �� I11 r'•i i 14 11 _ �.. 1� J, i ' � i � j � � � a � ;�� m M page 2 215-318 5/8" Shoulder Screw 21 5-026 3/8" 55 Lock Washer 215-066 3/8" Hex Head Screw 215-104 3/8" Flat Washer 215-306 Hex Head Screw 215-325 5/16" Flat Washer 215-068 3/16" Hex Head Screw Orders can be either faxed or phoned in to Bill Merkes. Regards, Bill Merkes 6,00 1.00 1.00 1.00 0.75 0.75 0.50