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HomeMy WebLinkAboutAgenda Packet 11-16-99 · '" '-" .., NOVEMBER 16,1999 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 prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT-Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ~ ...." ßOARD OF COUNTY COMMISSIONERS John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District I District 2 District 3 District 4 District 5 AGENDA November 16,1999 9:00 AM INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting November 9,1998. 2. PRESENTATION A. Assistant County Administrator - The County Administrator will introduce Robert Bradshaw, the new Assistant County Administrator. B. Grant Award - The Chairman will present a $15,000 grant to the Smithsonian Institution for the Indian River Lagoon Species Inventory Project. 3. REORGANIZATION A. ELECT THE CHAIRMAN OF THE BOARD /'rl,J& ~O Clerk ofthe Court will preside and call for nominations for the Chairman of the Board of County Commissioners. B. vI.! / ,./' - t ¡W' ,- ELECT THE VICE-CHAIRMAN The Chairman will preside and call for nominations for the Vice-Chairman of the Board of County Commissioners. RECESS AS THE BOARD OF COUNTY COMMISSIONERS NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boarö at these meetings will need a record of the proceedmgs and for such purpose may neea to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any paI1Y to the proceedings will be granted tòe 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) 462-14I8 at least forty-eight(48) hours prior to the meeting. ~ ...., REGULAR AGENDA NOVEMBER 16,1999 PAGE TWO 3. REORGANIZATION (CONTINUED) Special Meetings to elect the Chairman and Vice-Chairman ofthe following Boards will be held at this time: fi..M-¡-I6Y'MOSOUlTO CONTROL DISTRICT Cry' A. The Clerk of the Court will preside and call for nominations for the Chairman of the Mosquito Control District. r~ f.¡lJ¡t(1' The Chairman will preside and call for nominations for the Vice-Chairman of the Mosquito Control District. EROSION DISTRICT ø'Î Œ A. The Clerk ofthe Court will preside and call for nominations for the Chairman of the Erosion District. ßø~ B. The Chairman will preside and call for nominations for the Vice-Chairman of the Erosion District. ENVIRONMENTAL CONTROL BOARD ß IIvi' L--- A. The Clerk of the Court will preside and call for nominations for the Chairman of the Environmental Control Board. ¡,/ (J B. CtJ' The Chairman will preside and call for nominations for the Vice-Chairman gf the Environmental Control Board. t RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS 3. REORGANIZATION (CONTINUED) C. The Chairman automatically becomes a member of the: .:. St. Lucie County Chamber of Commerce Board of Directors .:. Workforce Development Board of the Treasure Coast Consortium formerly Jobs and Education Consortium (or a designee) .:. Public Safety Coordinating Council (or a designee) .:. Tourist Development Council (or a designee) D. The Chairman will appoint one Commissioner to serve on the following boards/committees for a one vear term (unless otherwise noted): ,~. C {!r-' .:. 5~d~ f) ... /i~i'>- · Ct ~~~ Blueway Advisory Committee (8 year term-Co. Admin or designee seat available) Automated Services Board of Governors St. Lucie County Bridge and Expressway Authority (2 appointments, 2 year terms - Commissioner Lewis' and Commissioner Barnes' terms expire) REGULAR AGENDA NOVEMBER 16, 1999 PAGE THREE ~ ...." 3. REORGANIZATION (CONTINUED) D. The Chairman will appoint one Commissioner to serve on the following boards/committees for a one vear term (unless otherwise noted): (j). C~,..,;yI~/.J .:. Homeowners Association .:. Workforce Development Board of the Treasure Coast (Commissioner Hutchinson) .:. St. Lucie County Fire Prevention and Control District (1 appointment, 2 year '-""ierm - Commissioner Bruhn's term expires) .:. Treasure Coast Regional Planning Council-(2 members and 2 alternates) (! 6Á.'l.vS::(:, .:. Value Adjustment Board-(3 appointments, 1 yr. each. Elect the Chairman " ~f ~ from 1 of the appointments.) '~, tf..,~t'~ Law Library Board of Trustees E. The following Committee appointment(s) may be retained by the Chairman unless a new appointment is requested. The Commissioner currently serving is in parenthesis: Alcohol, Drug Abuse and Mental Health Committee (Commissioner Barnes) Indian River Lagoon National Estuary Program Advisory Board (C81fllflissi6ßtr Dames) Nineteenth Judicial Circuit Conflict Committee (Commissioner Bruhn) Council of Local Stormwater Management for the St. Lucie River and Indian River Lagoon (Commissioner Barnes) Land Acquisition Selection Committee (indefinite term, Commissioner COWftI'd-) Local Coordinating BoardlTransportation Disadvantaged (Commissioner Lewis) Metropolitan Planning Organization (Oomm.h¡¡inners Rrulm, Coward, Hutchinson, Barnes) Metropolitan Planning Organization (Commissioner Lewis - alternate member) ¿ ~ ~ Treasure Coast Council of Local Government (CtJuHulssionel -Bames) /v, /.f~ ß4 I F. Recommendation to approve, by motion, the various appointments made by the Chairman. tJ. Cv,~r> ¿ .:. () ~ .:. .:. C ,ð.,r>,..r"'?-:. I? iÞ-J. >- .:. .:. .:. .:. G. ADVISORY BOARD VACANCIES 1. Each Commissioner will have the opportunity to make individual appointments to various Advisory Boards and Committees. 2. Recommendation to ratify, by motion, the appointments made by each Commissioner. .,-" ...." REGULAR AGENDA NOVEMBER 16, 1999 PAGE FOUR 3. REORGANIZATION (CONTINUED) G. ADVISORY BOARD VACANCIES (CONTINUED) 3. The Board will have the opportunity to make Board at-large appointments to the following Boards and Committees: .:. Historical Commission .:. Florida Department of Children and Families Nominations Qualifications Review Committee (2 appointments) .:. Treasure Coast Health Council (2 appointments) 4. GENERAL PUBLIC COMMENT 5. CONSENT AGENDA 6. COUNTY ATTORNEY A. Resolution No. 99-273 - Consider staff recommendation to adopt the resolution Urging the Florida Congressional Delegation to oppose any Federal Legislation that authorizes or requires the Federal Courts to take jurisdiction over local issues or intrude into local land use or regulatory decisions unless the claimant has exhausted all state and local remedies; and further to defeat the "Private Property Rights Implementation Act of 1999" (H.R. 2373) and its Companion Bill "Citizens Access to Justice Act of 1999" (S. 1028). .B..- South County Regional Stadium / Agreement with Edlund & Dritenbas Architects, '1. '~ P.A. - Consider staff recommendation to approve the agreement in the amount of r/' 2 (pi./3--æMJliY49 which includes all reimbursable expenses, to design and permit the South :-_~ Cohnty Regional Stadium. Authorize the Chairman to sign the agreement. C. D. South County Regional Stadium / Sublease with the City of Port St. Lucie - conSider( staff recommendation to approve the Sublease and authorize the Chairman to sign the Sublease. J'", ,~r ;T\.:J /L£C,t,t./Þ---6 7,/J.ç'¿r7 6.~;.f r , South County Regional Stadium / Interlocal Agreement with the St. Lucie County School District - Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the agreement. \ \ , V ~ ,...." CONSENT AGENDA NOVEMBER 16.1999 1. WARRANTS LISTS Approve warrants list No.7. 2. PUBLIC SAFETY A. Animal Impoundment Agreement - Consider staff recommendation to approve the 1999 - 2000 Second Amendment to the November 26,1996 agreement with the Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the agreement. B. HAZMAT Agreement - Consider staff recommendation to approve the Hazards Analysis Agreement (HAZMAT) with the State of Florida in the amount of $18,304, and authorize the Chairman to sign the agreement. C. 9G-19 Grant Agreement / County Emergency Management Preparedness and Assistance Trust Fund Program Base Grant (EMP A) - Consider staff recommendation to approve the agreement appropriating the grant funds in the amount of$103,764.15, and to approve Equipment Request No's. EQOO-175 through EQOO-178. Authorize the Chairman to execute the agreement. 3. COMMUNITY DEVELOPMENT A. Grant Application - Consider staff recommendation to authorize the submittal of a grant application to the Florida Department of Transportation One Time Wages/Transit Support Grant Program on behalf of the St. Lucie County Community Services Department. B. Public Hearing Advance Notice -Consider staff recommendation for permission to advertise the following public hearing schedule for the Board of County Commissioners meeting of November 23,1999, at 7:00 p.m., or as soon thereafter as possible. BNG PARTNERS, INC. (THOMAS LUCIDO & ASSOCIATES, AGENT), for a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District. Location: West side of Lennard Road, approximately 0.50 mile south of Tiffany Avenue) DFR, LLC (STEVE TIERNEY, AGENT), for a Conditional Use Permit to allow farm products and warehousing in the AG-l (Agricultural- 1 du/acre) Zoning District. Location: 8455 Orange Avenue CONSENT AGENDA NOVEMBER 16,1999 PAGE TWO "-' ...." 3. COMMUNITY DEVELOPMENT(CONTINUED) B. Public Hearing Advance Notice (Continued) JERRY HILL AND MARGO STEVENS (HOYT C. MURPHY, INC., AGENT), for a Change in Zoning from the AR-l (Agricultural, Residential- 1 du/acre) Zoning District to the RE-2 (Residential, Estate - 2 du/acre) Zoning District. Location: East side of Christensen Road, approximately 0.80 mile north of West Midway Road) RESERVE HOMES, LTD., L.P., a Florida Corporation, for the establishment of the Reserve Community Development District #2 at the Development of Regional Impact known as the Reserve. The purpose of this review is to consider authorizing the establishment of a special district for the purpose of funding community infrastructure, services and facilities along with their operations and maintenance, in portions of the Reserve DRI referred to as PUD II, excluding development Parcels 15A and 17 in PUD II, but including PGA Golf Course #4 at the Reserve, and including the area referred to as Mainstreet Village SID, but excluding the publicly maintained portions of Reserve Commerce Center Drive within these areas. ~ """" BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA November 16. 1999 REVISED / REGULAR AGENDA ~:OUNTY ATTORNEY Resolution No. 99-277 - Consider staff recommendation to adopt the resolution Proclaiming the Month of November, 1999,be Celebrated Statewide in Honor of Florida's State Parks... Voted America's Best; and Designating November 20,1999 as "Free Day" when park entrance fees will be waived for all visitors. CONSENT AGENDA A.l COUNTY ATTORNEY Approval of Filing Motion to Intervene in Proceedings before Federal Energy Regulation Commission Concerning Gulfstream Natural Gas System, L.L.C.- Consider staff recommendation to grant after-the-fact approval for filing a Motion of St. Lucie County, Florida, for Leave to Intervene in the proceedings before the Federal Energy Regulatory Commission to consider application of Gulfstream Natural Gas System, L.L.C. to construct and operate natural gas pipeline facilities. ~ ....." BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 9, 1999 Tape: 1-2 Convened: 9:07 a.m. Adjourned: 10:45 a.m, Commissioners Present: Chairman, Paula A Lewis, John D. Bruhn, Cliff Barnes, Frannie Hutchinson, Doug Coward Others Present: Doug Anderson, County Administrator; Dan M9Intyre, County Attorney, Julia Shewchuk, Community Development Director; Paul Phillips, Airport Director; Ray Wazny, Public Works Director; Don West, County Engineer; Bill Blazak, Utilities Director; Jim David, Mosquito Control Director; Harvey Lincoln, M & B Manager, Mike Leeds, Leisure Services Director; Beth Ryder, Community Services Ma..'1ager, Joe Finnegan, Personnel/Risk Manager; Jack Southard, Public Safety Director; Deputy Nickel, A Millie Delgado, Deputy Clerk 1. MINUTES (1-0024) It was moved by Com, Coward, seconded by Com. Hutchinson, to approve the minutes o( the meeting held November 2, 1999; and, upon roll call motion carried unanimously. . 2. GENERAL PUBLIC COMMENTS Mr. Joseph Patroni, resident of Port St. Lucie, addressed the Board regarding the fire hydrant issue in the county. Mr, Patroni advised the Board that he was told by a neighbor that FPL turned off the electricity during the fires for fear of ÿ?Cplosions. He asked if there was an auxiliary source for the hydrants proposed. The Utilities Director advised Mr. Patroni that the domestic utility system is backed up with emergency generators to maintain pressure in the system at all times. He also addressed Mr. Partoni's question regarding where the water supply is being obtained. Me David Keown, Lakewood Park resident, addressed the Board regarding the notice in the newspaper where it states that there will not be separate discussions on the issues unless a Commissioner so requests. He also addressed the Board regarding an article which stated horse paths will be placed on the protected sensitive lands. Com. Lewis advised Mr. Keown that the pubiic is entitltd to speak regarding any item on the agenda. Me Bob Bangert, Holiday Pines, addressed the Bo~r.q.in favor of Ordinance No. 99-22. He stated he only has two hydrants in his area which has approximately 460 homes. Mr, Lowell Sasser, Ft. Pierce resident, addressed Com. Bruhn and the County Administrator on the enforcement of Ordinance No. 99-22 and who the Ordinance gives the authority to enforce. -1- '-' ...., I...·\" 3. CONSENT AGENDA(I-232) '. ~..:. --"~.,.... It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve the Consent Agenda; to include Additions A-I; and, upon roll call, motion carried unanimously 1. WARRANT LIST The Board approved Warrant List No.6. 2. LEISURE SERVICES Golf Course Lease Agreement/Purchase/Budget Amendment No. 00-103- The Board approved the remaining 22 month equipment lease purchase buy-out from Tomasso Food Services and Concessions, Inc., totaling $7,591.05, purchase restaurant equipment from Tomasso Food Services in the amount of $4,000.00 and approyed the budget amendment and equipment requests. 3. PUBLIC WORKS A. Resolution No. 99-193/Building & Inspection Division- The Board approved the resolution amending the Schedule of Fees and Charges to include the assessment of a $100 penalty fee associated with the issuance of Stop Work Orders, B. Permission to Advertise- The Board approved advertising the following public hearings on the resolutions listed stating the County' ~ intent to use the uniform method of collection non-ad valorem special assessments which may be levied by the corresponding municipal service benefit units on December 14, 1999. , Resolution No. 99-248- Treasure C,>"e/Oceì\P- Harbor South MSBU Resolution No. 99-249- Oleander Business Park MSBü Resolution No. 99-250- Rouse Road MSBU Resolution No. 99-251- River Branch Estates MSBU Resolution No, 99-252- North AlA MSBU Resolution No. 99-253- Indian River Estates MSBU Resolution No. 99-254- North Lennard Road MSBU Resolution No. 99-255- Revels Land MSBU Resolution No. 99-256- Brack Road MSBU Resolution No. 99-257- Saegers Road MSBU Resolution No. 99-258- Echo Street MSBU Resolution No. 99-259- Briargate MSBU Resolution No. 99-260- Sunrise Park MSBU Resolution No. 99-261- Sunland Gardens MSBU C. Contract Amendment- The Board, approved the Fifth Amendment to Contract # C97-07- 513 with Stewart Mining Industries, Inc" to sUf.'ply the Road and Bridge Division with shell and coquina rock up to $250.000 and authorized the Chairman to sign the contract. D, Change Order No. 1- The Board approved the change order in the amount of$21,401.99 resulting in a total contract amount of $336, 178,18 to Sheltra and Son Construction Company for Research Center Road, and. authorized the Chairman to sign the contract. 4. COUNTY ATTORNEY A. Grant Agreement- The Board approved the grant agreement with the Smithsonian Institution in the amount of $15,000 for the Indian River Lagoon Species Inventory Project. -2- '-" """" . . . .~. i, B. Lease Agreement- The Board approved the lease agreement with the School Board for an 800 MHZ tower site subject to final approval by the County Attorney's office, and authorized the Chairman to sign the lease. 5. PURCHASING A Bid No. 99-080- The Board approved awarding the bid for the replacement of the bridge at Keen Road and the C-25 Canal to Sheltra and Son Construction in the amount of $525,967.08 and authorized the Chairman to sign the contract as prepared by the County Attorney, and establish the project bu.dget as outlined. B. Additional Y2K Funding- The Board approved the transfer of funds and acquisition of equipment and services for upgrades for the netwark, Emergency Management and Community Services, totaling $24,631. C. City ofFt. Pierce Bid- The Board approved the request to "piggyback" the City ofFt. Pierce bid for street sweepers with Vantage Equipment Company, and authorize the purchase of one sweeper for the Landfill in the amount of $84,905. D. Agreement Amendment- The Board approved the First Amendment to the September 1, 1998 agreement between St. Lucie County and Port Petroleum for fuel, and authorized the Chairman to sign the agreement. 6, COMMUNITY DEVELOPMENT Tourism- The Board approved payùîent ofth.s October invoices to R.J. Gibson in the amount of$13,696.74. 7. MANAGEMENT AND BUDGET A Grant Acceptance- The Board approved acœpting the Ed Byrne Formula Communications 2000 Grant from the State ofFlorlda Department of Community Affairs, passed through from the US Department of Justice in the amount of $94,043 and authorized the Chairman to sign the Certificate of Acceptance of Subgrant. B. Grant Application- The Board approve the subn"ittal of a grant application to participate in the Emergency Management Preparedness and Assistance Trust Fund offered by the Florida Department of Emergency Managemerlt on behalf of the Sheriff's office in the amount of$89,630 and authorized the Chairman to sign the application. C. Budget Resolution No. 99-275- T~,' Bf)~·d a!JDTCwed the resolution and authorized the receipt of a $500 donation from the Florida Sui.t: Qne...t!,:"3 to the Leisure Services Historical Museum to restore a 19th Century National Cash Register. A-I. MANAGEMENT/BUDGET Budget Resolution No. 99-276- The Board approved the budget resolution and authorized the receipt of the reimbursement check for unused fì..mds from the Clerk of Court Y2K Project in the amount of$64,650.75. REGULAR AGENDA 4, COUNTY ATTORNEY Ordinance No. 99-27- Consider staff recommendation to approve the resolution creating a Civil Traffic Infraction Fund, -3- '-" ......, .. Com. Bruhn questioned why the funds are being separated. The County Attorney addressed Com. Bruhn's question. It was moved by Com. Coward, seconded by Com. HutchinsoIJ, to approve staff recommendation; and, upon roll call, the vote was as follows:1Nay: Bruhn, Aye's: Barnes, Hutchinson, Coward, Lewis; motion carried by a vote of 4 to 1. 5, COUNTY ATTORNEY (1-547) A. Ordinance No, 99-22/Permission to Advertise- Consider staff recommendation to grant permission to advertise the ordinance concerning fire hydrant installation for a public hearing on December 7, 1999. The County Attorney advised the Board that both utÚiÙes are concerned with the term "repair" . Port St. Lucie has concerns and wishes it to be deleted and also the FPUA Attorney also requested this deletion. The concern pertains to old lines which may not be suitable to place fire hydrants on. It was moved by Com. Bruhn, seconded by Com. Coward to approve advertising the ordinance; and, upon roll call, motion carried unanimously. . B. St. Lucie County School District/ Adelphia Cable Company- Use of Governmental Access Channel- Consider staff recommendation to authorize the County Administrator to send a letter to Adelphia approving Adelphia'sproposal as outlined, subject to the right of the County to revoke the approval at any time in the event that the County determines to us'e the programming for County purposes. It was moved by Com. Hutchinson, seconded by Com. Coward, to approved staff recommendation; and, upon roll call, motion carried unanimously. 6. ADMINISTRATION(I-990) Permit Renewal- Consider staff ree~mmendat~(\!'! requesting direction on the renewing of the Department of Environmental Protection Berth Permits illt lierths 1 and 4 at the Port. The County Administrator addressed the Board on this issue. He advised the Board that he had received a letter from Nancy Grahm, WCI notifying the county that they will not be doing a plan for the property, and that their intention is to sell it. . The Ft. ·Pierce Harbor Committee met last night and voted 6 to 1 in favor of renewing the permit to coincide with the ending date of the Army Corps permit which is May 18, 2003. In order to renew this permit, the fee will be $4,000 and possibly an additional $1,000 in incidental costs. The permit is transferable and does have an unknown value. Ms. Sima Muster, representing WCI addressed the Board and asked for their consideration in the renewal of the permit. She advised the Board that the property is in the final stages of being rezoned to Planned Unit Development. Com. Lewis stated that by holding on to the permits, the county could control what may be placed in the location. ;,.. ' Me Lowell Sasser, Ft. Pierce resident, advised the Board he would not oppose the renewal of the permits, but, would like it qualified that there would not be any construction urness there is some kind of contract in hand that would make the construction a feasible and profitable project for the -4-' . '-'" ....., county and have in such case a public hearing, Mr. Stix Nixon, Government Affairs Chairman of the ASsociation of Realtors, addressed the Board in favor of renewing the permits which would leave the options open in order to attract business. Mr. Dennis Beach, City Manager, City ofFt. Pierce advised the Board that the rezoning is actually PUR, Planned Unit Redevelopment. The City has not taken a position on the renewal of the permits. He advised the Board that the city has taken a strong position that they will not agree to have anything built on that property under that zoning classification, that does not conform to the land use, discussion and decisions that were made during the planning Charrette for the Port. There are two land uses which are split into three areas, i.e. Marine Commercial- 1/3 of property; Cargo Industrial - 1/3 of property; and the other Mixed Flex Zone, In the Mixed Flex Zone, you have the ability to go either Marine Commercial or Marine Industrial, depending on the demand. However, it does seem to make sense to keep the options open. Mr. Bob Bangert area resident, addressed the Board regarding the Marcona property and it's lease, ; ; "; The County Attorney advised Mr. Bangert that the lease does exist and anyone who wanted to develop the property i.e. Berth 4, would need to negotiate something with Marcona. Mr. Charles Grande, Hutchinson Island, suggested the motion to extend the permits include the stipulation that the owner pay for the process of renewal. Mr. Bill Hearn, Indrio Road, addressed the Board andciuestioned the lengths of the berths. He stated his concerns with the Lagoon and possible oj! spills which may happen in the future. He' stated he does not see a problem with Berth I, however Berth 4 is shallow and has seagrass beds which are critical to the Lagoon and the Ocean, .. . . Mr. Hearn asked the Board to eliminate thf' reaewal of~h~ permit for Berth # 4. Com. Coward stated the action taken today does not mandate the county construct either or both of these permits. There is the ability at a future date to determine whether the county wants to proceed with Berth I or Berth 4, He felt it was in t~íe best interest of the county to proceed with the permit renewals and when it is known more about land use issues, then a decision can be made at that time. The County Administrator stated that in speaking with the Consultant, he was advised that the county could abandon the permit for Berth 4, however, in turn the large restoration and mitigation part under the permits would be reduced in some way. Com. Barnes stated he felt that the permitting and impact would cost too much. He stated he had a problem with Bulk Head (Berth 4) and stated his reasons for this opposition. He felt they should not be bulk heading any shoreline which runs north / south, Com. Bruhn stated he concurred with Com. Coward ar.d they should have both permits. He sees no reason not to approve them since the county has.been waiting for private enterprise to pay for them. Com. Hutchinson stated she would hate to see the options go out the door. There are many requests for Oceanograhic vessels to come in and presently there is not room for them and she would support the renewal of both permits. Com, Coward reiterated his previous statement. He added if the Board needs to look closer at Berth 4 then they will do so in the near future, however, he would prefer to keep the options open. -5- '-" ~Jvdc Com. Lewis stated she would also prefer to keep t~e.options open which gives the county a margin of control and suggested keeping the permits and possibly investigate further options for Berth 4. It was moved by Com. Hutchinson, seconded by Com. Coward to approve staff recommendation with the stipulation that WCI pay the costs; and, upo~.~·oll call, the vote was as follows: Nay's: Barnes; Aye's: Bruhn, Coward, Hutchinson, Lewis; '~o~ion carried by a vote of 4 to 1. ADDITIONS A-2: LEISURE SERVICES Met Stadium Price Increase- Consider staff recommendation to approve the increase in admission prices at Met Stadium for the 2000 Spring Training season. Com. Barnes addressed his previous issue concerning an accessibility to the players before or after a game. The Recreation Manager stated they are looking at implementing more night games this season in an effort to increase children attendance. Com. Barnes questioned how will the children be able to obtain an autograph. , . . The Stadium Manager advised the Board that signing autographs is at the discretion of the player and they hope to have "fan friendly"times scheduled which they feel would be a good accessible· area for the fans. Setting up tables would not be. a problem, however, they would need to contact the Mets Organization in New York for approval. Com. Bruhn concurred with Com. Barnes and asked staff to ask the organization if they could sign autographs. He stated he felt is was important for the fans to have the accessibility to the players and that it would increase the attendance. " Com, Coward emphasized the lack of use of the bleachers at the stadium and encouraged staff to attempt to bring in youth groups to utilize the area as he previously suggested. Staff advised the Board that they are looking at different things to place in the area, such as removing a portion of the bleachers and placing picnic tables. Com. Hutchinson stated she felt that nothing had been changed in the information she had received. Com. Lewis stated she would approve the increase if staff continues to work on the accessability and guarantee that the bleachers will not be removed. ' Staff concurred. It was moved by Com. Bruhn, seconded by Com. Coward to approve staff recommendation; to include the guarantee as stated; and, upon roll call, the vote was as follows: Nay: Hutchinson, Barnes; Aye's: Coward, Bruhn, Lewis; motion carried by a vote of3 to 2. BOARD COMMENTS Com. Coward commended the Community Development statlon their quarterly report. He recommended that staff come before the Board on a'quarterly basis and make that presentation at a public forum so that the public would be informed; -6- '''-"' ...." ·C· ... ,.t. ".. Com. Coward advised the Board that he "va:: di8appojnted at last nights Harbor Advisory Committee meeting when the public was not permitted, to speaK. He asked the Board to set a policy for all active committees that they mandate public input be permitted at every meeting prior to the vote being taken by those committees. . The County Administrator suggested that the public. be permitted to speak provided it pertained to the agenda being discussed that day. Com. Barnes concurred and stated he would like fòr comments to be restricted to the agenda. The Board concurred and gave Board direction to staff Com. Bruhn questioned a potential buyer of the WCI property being informed of the what would be permitted construction in the area. The County Attorney addressed Com. Bruhn's ouestion and stated they would send a letter to WCI to inform any potential buyer that even though th~ Board has decided to extend the permits, they have not made any decision as to whether or nqt, permit any construction. There being no further business to be brought before the Board, the meeting was adjourned at 10:45 a.m. Chairman Clerk of Circuit Courts . I.,·'.' -7- r ~ ...", AGENDA REQUEST ITEM NO. IÎ-.,z DATE: November 16,1999 REGULAR [X] ADDmONS PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 99-277 - Concurring with the Resolution of the Governor and Cabinet, (Sitting as the Board of Trustees of the Internal Improvement Trust Fund), Proclaiming the Month of November, 1999, be Celebrated Statewide in Honor of Florida's State Parks ... Voted America's Best; and Designating November 20, 1999, as "Free Day" When Park Entrance Fees Will Be Waived For All Visitors. BACKGROUND: The Governor and Cabinet, (Sitting as the Board of Trustees of the Internal Improvement Trust Fund), have proclaimed the month of November, 1999, be celebrated statewide in honor of Florida's State Parks .. . Voted America's Best; and designated November 20, 1999, as "Free Day" when park entrance fees will be waived for all visitors. Commissioner Barnes has requested this office prepare a resolution regarding Florida's State Parks ... Voted America's Best. The attached Resolution No. 99-277 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 99-277 as drafted. COMMISSION ACTION: [1.] APPROVED [] DENIED []OTHER: -( '-' /A Review and Apcrovals County Attorney: Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable) ...." Purchasing Other: Eff. 5/96 '-" "WIll RESOLUTION NO. 99-277 A RESOLUTION CONCURRING WITH THE RESOLUTION OF THE GOVERNOR AND CABINET, (SITTING AS THE BOARD OF TRUSTEES OF THE JNTERNAL IMPROVEMENT TRUST FUND), PROCLAIMING THE MONTH OF NOVEMBER, 1999, BE CELEBRATED STATEWIDE IN HONOR OF FLORIDA'S STATE PARKS ... VOTED AMERICA'S BEST; AND DESIGNATING NOVEMBER 20, 1999, AS "FREE DAY" WHEN PARK ENTRANCE FEES WILL BE WAIVED FOR ALL VISITORS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Florida's massive and diverse state park system, with over 500,000 acres and 151 park properties, has received national recognition for its state parks partnerships, its cutting-edge resource management, recreation programs and its innovative ecotourism marketing initiatives. 2. More than 1,900 public and private partners have been recruited to help provide expanded resource-based recreational opportunities for the fifteen million annual visitors to Florida's state parks. 3. Some 60 citizen support organizations support Florida's state park system and volunteers last year provided 760,000 hours of service, the equivalent of365 full-time employees. 4. Florida's award-winning "PARKnership" program has paired 45 schools with 34 Florida state parks for environmental, education opportunities and its "Partnership in Parks" public-private matching program has resulted in one million dollars in park improvements, 5. Since 1996, attendance at Florida state parks has increased by two million visitors, a 17% increase; and self-generated revenues, which are used to help operate Florida's state parks, have ~ """"" increased by 30% over the same period. 6. In addition to preserving one-half million acres of Florida's finest, most pristine natural areas for enjoyment by this and future generations, florida's state park system has a direct positive economic impact of 273 million dollars and has created 8,100 jobs for Florida's communities. 7. Recently at the National Recreation and Park Association Annual Congress meeting in Nashville, Tennessee, the National Sporting Goods Association awarded the prestigious 1999 "State Parks Gold Medal" to Florida's state park system, recognizing it as the best state park system in all fifty states. 8. Governor Bush and the Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund which holds title to these lands on behalf of Florida' s citizens, proclaimed the entire month of November, 1999, be celebrated statewide in honor of Florida's State Parks ... Voted America's Best; and authorized the Department of Environmental Protection to celebrate and publicize the excellence of Florida's state park system by designating November 20, 1999, as "Free Day" when park entrance fees would be waived for all visitors. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: 1. This Board does hereby concur with the resolution of the Governor and Cabinet, (Sitting as the Board of Trustees of the Internal Improvement Trust Fund) proclaiming the entire month of November, 1999, be celebrated statewide in honor of Florida's State Parks ... Voted America's Best, and designating November 20, 1999, as "Free Day" when park entrance fees will be waived for all visitors, 2. The County Administrator is hereby directed to forward a copy of this resolution to the Honorable Jeb Bush, Office of the Governor, The Florida Capitol, Tallahassee, Florida 32399-0001. '-' 'W PASSED AND DULY ADOPTED this 16th day of November, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY -- - -- ----- - -~ '-" .." AGENDA REQUEST ITEM NO. 3A & B DATE: 11-16-99 REGULAR [xxx] PUBLIC HEARING ] CONSENT [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Administration Douq Anderson County Administrator SUBJECT: Annual Reorganization BACKGROUND: ELECT A CHAIRMAN AND VICE-CHAIRMAN FOR 1999-00. FUNDS AVAIL. (State type & No. of transaction or N/A) : PREVIOUS ACTION: RECOMMENDATION: [X ] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: Coordination/Siqnatures County Attorney: Mgt. & Budget: Purchasing '-' ...." MEMORANDUM TO: Board of County Commissioners FROM: Doug Anderson, County Administrator DATE: November 22,1999 RE: Annual Reorganization ------------------------------------------------------ ------------------------------------------------------ 1. BOARD OF COUNTY COMMISSIONERS Chairman Commissioner Bruhn Vice-Chairman Commissioner Hutchinson 2. MOSQUITO CONTROL BOARD Chairman Commissioner Barnes Vice-Chairman Commissioner Hutchinson 3. EROSION DISTRICT Chairman Commissioner Coward Vice-Chairman Commissioner Lewis 4. ENVIRONMENTAL CONTROL BOARD Chairman Commissioner Lewis Vice-Chairman Commissioner Barnes · '-" ...., AGENDA REQUEST ITEM NO. 3D DATE: 11-16-99 REGULAR [xxx] PUBLIC HEARING CONSENT [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Administration Douq Anderson SUBJECT: Annual Reorganization BACKGROUND: The Chairman will appoint one Commissioner to serve on the following boards/committees for a one year term (unless otherwise noted) . The initials of the Commissioner (s) currently serving are shown in parenthesis. New appointments are in BOLD 1. Blueway Advisory Committee (8 year term-Co. Admin. or designee seat is available) (CB) COMMISSIONER BARNES 2. Automated Services Board of Governors (PL)COMMISSIONER BRUHN 3. St. Lucie County Expressway Authority (2appointments, terms) (PL, CB both terms expire) COMMISSIONER COMMISSIONER BARNES 2 year LEWIS, 4. Homeowners Association (JB)COMMISSIONER COWARD 5. Workforce Development Board of the Treasure Coast formerly Jobs and Education Partnership (FH) COMMISSIONER HUTCHINSON 6. St. Lucie County Fire Prevention and Control District (1 appointment, 2 year term - Commissioner Bruhn's term expires) (JB, FH) COMMISSIONER BRUHN 7. Treasure Coast Regional Planning Council (2 members and 2 alternates) (DC,FH,- Alternates: JB,CB¡ Port St. Lucie Appointments: Mayor Fielding, Councilman Anderson-ALT, Fort pierce Appointments: Commissioner Benton, Mayor Enns-ALT) PRESENT COMMISSIONERS WILL RETAIN THEIR APPOINTMENTS 8. Value Adjustment Board (3 appointments, 1 year each. Elect the Chairman from 1 of the appointments.) (PL, DC, FH) COMMISSIONER COWARD, COMMISSIONER BARNES, COMMISSIONER LEWIS 9. Law Library Board of Trustees (JB)COMMISSIONER BRUHN RECOMMENDATION: I COMMISSION ACTION: [X [ APPROVED OTHER: '-' DENIED ,..", RRENCE: gl s M. Anderson y Administrator '-'" ...., AGENDA REQUEST ITEM NO. 3E DATE: 11-16-99 REGULAR [xxx] PUBLIC HEARING CONSENT [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT) : Administration Douq Anderson SUBJECT: Annual Reorganization BACKGROUND: The unless a new Commissioner(s) APPOINTMENTS ARE Chairman may retain the following committee appointments appointment is requested. The initials of the currently serving are shown in parenthesis. NEW IN BOLD 1. Alcohol, Drug Abuse and Mental Health Committee (CB) COMMISSIONER BARNES 2. Indian River Lagoon NEP Advisory Board (CB) COMMISSIONER COWARD 3. Nineteenth Judicial Circuit Conflict Comm. (JB) COMMISSIONER BARNES 4. Council of Local Stormwater Management for the St. Lucie River and Indian River Lagoon (CB) COMMISSIONER BARNES 5. Land Acquisition Selection DC)COMMISSIONER BARNES Committee (indefinite term, 6. Local Coordinating (PL)COMMISSIONER LEWIS Board/Transportation Disadvantaged 7. Metropolitan Planning Organization (JB, DC, FH, CB) (PL-alternate) COMMISSIONER BARNES, COMMISSIONER COWARD, COMMISSIONER HUTCHINSON, COMMISSIONER LEWIS, COMMISSIONER BRUHN-ALTERNATE 8. Treasure Coast Council of Local Government (CB) COMMISSIONER HUTCHINSON 9. Workforce Development Board of the Treasure Coast Consortium (PL) COMMISSIONER BRUHN RECOMMENDATION: COMMISSION ACTION: X] APPROVED ] OTHER: '-" ...., DENIED RENCE: ~~ . Anderson dministrator ~ ...., AGENDA REQUEST ITEM NO. 3G DATE: 11-16-99 REGULAR [xxx] PUBLIC HEARING [ CONSENT ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Douq Anderson County Administrator SUBJECT: Annual Reorganization BACKGROUND: 1. Each Commissioner will have the opportunity to make individual appointments to various Advisory Boards and Committees. 2. The Board will have the opportunity to make at-large appointments to various Boards and Committees. Those having vacancies are: .:. Florida Department Qualifications Review Historical Commission Treasure Coast Health of Children and Families Committee (2 appointees needed) Nominations .:. .:. Council (2 appointees needed) Attached is information on these committees. RECOMMENDATION: Staff recommends filling as many vacancies as possible. ] APPROVED X] OTHER: DENIED ug as M. Anderson ty Administrator COMMISSION ACTION: No action taken. Commissioner Hutchinson asked that the vacancies be Historical Commission Nominees will be provided by Jack Roberts, Chairman, Historical Commission. - ~ .."., MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: DOUGLAS M. ANDERSON, COUNTY ADMINISTRATOR DATE: NOVEMBER 4, 1999 SUBJECT: ADVISORY BOARD AND COMMITIEE VACANCIES At the November 16, 1999 Reorganization meeting there will be an agenda item to fill vacancies on various Advisory Boards and Committees. I have attached a list of the vacancies for each District for individual appointments, and the documentation for the Boards that require at-large appointments. Please forward to me any names that you wish to submit. DMA:dlt · ~ ...., Committee Vacancies by District November 1999 District 1 - Commissioner Bruhn Restudy Coordination Committee District 2 - Commissioner Coward None District 3 - Commissioner Lewis Citizens Budget Development Committee District 4 - Commissioner Hutchinson None District 5 - Commissioner Barnes Contractor Certification Board At-large Appointments FI. Dept. of Children & FamiliesfNominations & Qualifications Review Comm. (2) Treasure Coast Health Council (2) Historical Commission - .it. ~ " ' '-' ~ ..', .... '..' .' I.....~ """:;~ . DISTRICT NOMINEE QUALIFICATIONS REVIEW COMMITTEE The nominee qualifications review committee in each service district or subdistrict will . be responsible for screening and evaluating applicänts and recommending nominees for the health and human services board of the district or subdistrict. A member of a nominee qualiiications review committee must be a resident of the district or subdistrict and is not eligible to be nominated for appointment to a health and human services board. !he appointments 10 a nominee qualifications review committee are made as follows: ' In a district or subdistrict composed of one county, the Governor shall appoint two members, the board of county commissioners shall appoint two members, the district school board shall appoint one member, 1he chief judge of the circuit shall appoint one member, and these ap¡:>:>intees shall appoint three additional membérs. In a district or subdistrict composed of two counties, the Governor shall appoint two members, each beard of county commissioners shall appoint two members, each district school board shall appoint one member, the chief judge of the circuit containing the most populous county shall appoint one member, and these appointees shall appoint four additional members. 1'",. I.:..'.',. ! ','. ~.', ',' In a district or subdistrict composed of three counties, the Governor shall appoint two members, each board of county commissioners shall appoint two members, each district school board shall appoint one member, the chief judge of the circuit containing the most populous county shall appoint one member, and these appointees shall appoint four additional members. In a district or subdistrict composed of four counties, the Governor shall appoint two members, each board of county commissioners shall appoint one member. exceot Jhat board of county commissioners of the most populous county shall aopoint(tWõ') members each district school board shall appoint one member, the chief judge of the circuit containing the most populous county shall appoint one member, and these appointees shall appoint four additional members. ~_ G~ In a district or subdistric::t composed of five counties, the Governor shall appoint .3 ~11:.~~ hree members, each board of county commissioners shall appoint one member, - _ S\-c- 0 3xcept that board of county commissioners of the most populous county shall appoint ~ . 'S~ 6J.o wo members, each district school board shall appoint one member, the chief judge of ~- . .'. ,he circuit containing the most populous county shall appoint one member, and these r-~ ðctt appointees. shall appoint fIVe additional members. , . _ Lf - In a district or subdistrict composed of six counties, the Governor shall appoint J. ~ three members, each board of county commissioners shall appoint one member, except that board of county commissioners of the most populous county shall appoint . two members, each district school board shall appoint one member, the chief juåge of :f@) the circuit containing the most populous county shall appoint one member, and these t· . appointees shall appoint three additional members. .. 0~ p::ge 2 ..' -."-, ~-.'-\ ....~ " . "., --... ........ .' ~ ,..." In a district or subdistrict composed of eight counties, the Governor shall appoint . three members, each board of county commissioners shall appoint one member, except that board of county commissioners of the most populous county shall appoint two members, each district school board shall appoint one member, the chief judge of the circuit containing the most populous county shall appoint one member, and these appointees shall appoint three additional members. In a district or subdistrict composed of 11 counties, the Governor shall appoint two members, each board of county commissioners shall appoint one member, except that board of county commissioners of the most populous county shall appoint two members, each district school board shall appoint one member, the chief judge of the circuit containing the most populous county shall appoint one member, and these appointees shall appoint three additional members. Appointees to å district nominee qualifications review committee must have substantial professional or volunteer experience in planning, delivering, or evaluating health and human services within their communities. In addition to these qualifications, it is the intent of the Legislature that nominee qualifications review committees represent the diversity of their respective distric:s or subdistricts by the inclusion of representation of such groups as: 1 . County government; 2. District school systems; 3. The judiciary; 4. Law enforcement S. Consumers of departmental services; 6. Advocates for persons reviewing or eligible to receive services provided or funded by the department; 7. Funders of health and human services in the community; 8. The medical community; 9. Chambers of commerce;- 10. Major cities; and 11 . Universities and community colleges; The initial terms of persons appointed by the Governor or board of county commissioners are for 2 years. Persons initially appointed by other appointing authorities have 4-year terms. Thereafter, the terms of all appointees served on a nominee qualifications review committee for more than 5 years is not eligible for reappointment. Members of a nominee qualifications review committee shall serve without compensation, but are entitled to receive reimbursement for per diem and travel expenses as provided in s. 112.061. Payment may also be authorized for child care expenses or lost wages for members who are consumers of the department and for preapproved child care expenses for other members who demonstrate hardship. p::ge 3 , nr I m ,.... M ('\, CD :r: ( - I CD .~ ê¡j 5r c:: CII CII CD ~ "0 "0 ~ 9 c:: CD x. ;g ~ 9 CII c:: o ts ca CD -5 c:: o t: 8. CD .... c:: CD t:: 'C:: ~ ~ .~ . E C .D .Q ~êa :J ~-æ ~ > ....(1) ~ CII ~15 ë¡; CD·... .t::.'ti5 ....- ....c ~.- .t::.E ...."0 't?ca CDõ :J._ cr-'" CD'ti5 ;.~ ~ (I) E-5 "0- ~ 0 ~l .r:. CII f- ~ õ 0 c::ê¡j o .... .- .... .... 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E o .: c: .Q êü C CD E CD a. .S u. >- U I/) CD C) c: co ..e U 1:] c: co ~ 0') rh 0') >- u. c: C) .S ã5 C) '0 :J .c - I/) 8 - 'ë :J CD I/) :J o - CI) E as .... ~ .... 0. 1:] ëõ U =ë CD . ::!:~ 1/)' CD~ ....en :;>- c-u. CD 0 a:_ CJ c: ã5 CJ 1:] :J CD êñ o U .~ c: :J .. -~ --J ...., ( ( · ,;, ~ . ,- (' -. ( );;.~; ..-.. :;.~., (.. y / -- - - ..... -- ~ ...," ., .~ PLANNING § 1-16-42 Sec. 1-16·20. Port master plan. The county port and airport authority's port master plan is hereby incorporated into the coastal management element of the comprehensive plan, pursuant to section 163.3178, Florida Statutes. COrd. No. 90-1, Pt. A, 1-9-90) Cross reference-Port and airport authority, Ch. 2-15. Sec. 1-16-21. Interpretation. The language and provisions of this article and the comprehensive plan shall be construed in pari materia with section 163.3161 et seq., Florida Statutes and Chapter 9J-5, Florida Administrative Code. DefInitions provided in section 163.3161 et seq., Florida Statutes, as they apply to the interpretation of this article, are incorporated herein by reference as the same may, from ti~e to time, be amended. COrd. No. 90-1, Pt. A, 1-9-90) Secs. 1-16·22-1-16-40. .Reserved. ~ ARTICLE:III.mø1ŒßmJmø~SS@ß~~. Sec. 1-16-41. Creation. An historiC?-! commission to be called "St. Lucie County Historical Commission" is hereby established. COrd. No. 91-10, Pt. A, 6-11-91) Sec. 1·16·42. Organization. .(a) Composition, qualifica.ticn of members. The historical commission shall be composed of fIve (5) members. individually appointed by eac1:V of. th~unty commissioners, the president. of the St. Lucie Historical Society or his designee, the president of St. Lucie Village Heritage or his designee, and two (2) members at large recommended by the other seven (7) memb~rs of the historical commission and appointed by th~ board of county commissioners. Only one (1) member from a family may be appointed. Family is defined_as.husband, wife, grandparents, parents, stepparents, brothers, step, brothers, half-brothers,.sisters, stepsisters, half-sisters, children and stepchildren. Inselecting citizens to serre on the historical commission, the board of county commissioners may consider the recommendation of the historical commission, if any, and the interest and documented knowledge of such citizens in the history, cuIturallore and development of the county. "'Editor's note-Part A of Ord. No. 91-10, adopted June 11,1991, amended Art. III to read as set out herein. Prior to amendment, Art. ITI contained §§ 1-16-41-1-16-50, which pertained to similar subject matter and derived from Ord. No. 71-3, §§ 1-8, adopted July 13, 1971, and Ord. No. 84-05, Pt. A. adopted May 1, 1984. Supp. No. 31 851 -- ~ - ..... '-'" """ , " § 1-16-42 ST. LUCIE COUNTY CODE /.' ( " (b) Appointment of members; terms; vacancies; failure to attend meetings. The initialap- pointments to the historical commission, other than the presidents of the St. Lucie County Historical Society and St. Lucie Village Heritage, shall be as follows: / (1) Two (2) members shall be appointed for a term of two (2) years. (2) Three (3) members shall be appointed for terms of three (3) years. (3) Two (2) members shall be appointed for terms of four (4) years. Thereafter..... the term of members appointed by individual county com:~issioners shall coincide with the term of the commissioner making the appointment, and the term of the at-large V members shall be four (4) years. Members may serve more than one (1) term if reappointed. Provided, however, when a county commissioner leaves office prior to the end of his term; his s).lccessor may replace the member appointed by him with an individual of his choosing who shall complete the unexpired term of the replaced member. Upon reelection to another term, a county commissioner shall determine whether to reappoint the individual or replace him with another individual of his choosing. (~ I. Appointments to flU any vacancy on the historical commission shall be for the remainder of the unexpired term of office. If any member fails to attend three (3) successive meetings without cause and without prior approval of the chairman, the historical commission shall d~clare the member's seat vacant. Any member of the historical commission may be removed by the board of county commissioners at any time provided, however, that before such removal the member shall be provided written charges and given an opportti.ñ.ity to appear in his defense at a public meeting. Upon removal of a member or vacancy created by a member's resignation or declaration of the historical commission, the member's respective appointing body shall immediately replace him with another appointee. (c) Officers. The members of the historical commission shall elect a cþ.ai:l;man, vice chairman, secretary and treasurer, who shall be voting members, from among the members of the board. The term of each officer shall be for a peIjod of two (2) years. No member may serve as the same officer for more than two (2) consecutive terms. (d) Quorum. The presence of five (5) or more members shall cönstitutea.quorumof the historical commission. A quorum shall be required for the historical commission to conduc~ any official business. (Ord. No. 91-10, Pt. A, 6-11-91) Sec. 1·16·43. Compensation and grants. The members of this þistorical commission shall receive no compensatio~, but may be. reimbursed for traveling expenses as provided in section 112.061, Florida Statutes. Members of the historical commission shall not receive directly or indirectly any grant funded in whole or part by the board of county commissioners. (Ord. No. 91-10, Pt. A, 6-11-91) Sec. 1·16·44. Meetings; rules. ( . . . The historical co~mission shall meet at an appropriate place and shall arrange a -time for holding regular meetings and such other meetings.as:shall be necessary..The historical com- Supp. No. 31 852 a ([ 60;' ..' ....~~. '. '.. ..",J: \0.._:... ( , '\' ,"-' r'" ( ~., :.. ,'t' .-i" (J...¡.;;: ~. .....;Ç3."!.. / ) .' -..... ~ - """" ~ """" . I. PLANNING § 1-16-60 mission may adopt such by-laws ås'it deems necessary, sùbjed to the approval of the board of county commission'ers, and it may determine the duties of its members and employees. (Ord. No. 91-10, Pt. A, 6-11-91) Sec. 1-16-45. Duties-Collection of data, etc. The historical commission shall encourage the collection, arrangement, record~tion, and preservation of historical material and data, including books, pamphlets, maps, charts, manu. scripts, family histories, United States Census records, papers, and other objects and material illustrative of and relating to the history of the county and of Florida. The historical commis- sion shall procure and preserve narratives and material of every description relative to the history of St. Lucie County and of Florida for deposit at museums owned and/or operated by St. Lucie County. The historical commission shall obtain the approval of the leisure services administrator or his designee prior to the deposit of any narrative or material at any museum owned and/or operated by the county. (Ord. No. 91-10, Pt. A, 6-11-91) Sec. 1-16-46. Same-Marking of historic sites. The historical commission may, upon its own initiative or upon petition of historical societies, mark by proper monuments, tablets, or markers, the lo·cation of forts, Indian mounds, or other places in the county. Before any monument, tablet, or mar~er shall be placed or erected on county property, the board of comity commissioners shall obtron from the historical comnússion a recommendation concerning design and content. (Ord. No. 91-10, Pt. A, 6-11-91) Sec. 1-16-47. Filing.and recordation of data. The clerk of the circuit court of the county shall file and record, without charge, in a book or books which shall be .furnished. such clerk by the board of county commissioners, all his- torical material and data that the historical commission may direct to be f1led and recorded: (Ord. No. 91-10, Pt..A, 6-11-91) Sec. 1·16-48. Expenses. 'The board of county comnússioners shall pay the exp'enses of the historical commission out of th~ general fund of the county. (Ord. No. ~1-10, Pt. A. 6-11-91) Sec. 1-16-.49. County to provide repository. The board of county comnússioners may provide suitable and adequate space as a repos- itory for the records, supplies, and equipment of the historical commission. (Ord. No. 91-10, Pt. A, 6-11-91) . . Sees. 1-16-50-1·16-60. Reserved. Supp, No, 31 853 · ~ ... ... ... -- .-- -- "'"" ~ ..." \ . Treasure Coast Health Council, Inc. ( Board Rotation Plan I. Background: Under the contract with the Agency for Health Care Adrrúnistration (AHCA), the Treasure Coast Health Council, Inc. is required to comply with Section 408.033, Florida Statutes. Subsection (1) (a) defines the local health council and the composition of its board: 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 havillgjurisdiction in the respective district. Each council shall be composed of a number of persons equal to 1 ¥.7 times the number of counties which comprise 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 membershjp-.9.Lthe .cQwlcil.shall be .qljÇJcated among the counties oUhe - --'- - _._.__.~-_. -_. ..- ---- district on the basis of population rounded to the nearest whole nu.mbe.r; except ~ - .' ...... .............. - .-.... . that rn ãà!Strict compõšéëioj only two counties, nò county shall have fewer than four members. The qppoi'}tees shall be representatives of health ~re providers, h..!..alth care plirchase~cjIJ..Qngo.Y?mlTl.f!ntql health care consumers, but not e..xcluding elec~ed g,9Y~0m_e.!l!_offi~f~!s~ . The members' ö¡ tfzé- coiišiìiiiágrouþ shall include a representative number of persons over §Qyears of age. !! mãjò,ity of COlillC~1 members shall consist oj health care purchasers and healt~ care consumers. The local health council shall provide each .county commission ;;;chedule 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 chairman. Members shall serve for terms of 2 years and may be eligible for reappointment. According to the population estimates published February, 1996 by the Agency for Health Care Administration, the AHCA District 9 projection for January 1, 1997 is as follows: Treasure Coast Health Coundl Board Rotation Plan page / -.... ....- ---- .....-- - Q7 '- "'wIfJ County Total Population Ages 6S and ovcr Indian River 103,795 29,224 Martin 117,136 32,774 Okeechobee 34,515 5,906 Palm Beach 999,390 236,881 St. Lucie 179,653 39,477 TOTAL: 1,434,489 344,262 The above population numbers equate to the following number of board members for each county: * County Number of Seats Indian River 1 seat Martin 1 seat Okeechobee 1 seat Palm Beach 7 seats St. Lucie 2 seats TOTAL: 12 seats Please note that currently St. Lucie County has only one seat, but due to population increases, the number of seats has increased to two. n. Definitions for Appointment: The following defirutions are in accordance with Chapter 10-5.002, Florida Adrrùnistrative Codes. Health Care Provider: an individual who delivers health services or who is a member of an orgaruzation 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. Treasure Coast Health Coundl Board Rotation Plan page 2 -.. ... 'l1li»" ---.:iiJ' ...,__ - '-' ...", 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 of25 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. Consumer: an individual who is not a Health Care provider or a Health Care Purchaser. m. Listing of Most Recently Appointed Board Members: Palm Beach County NANŒ CATEGORY Dr. McKinley Cheshire Provider Sally Chester. RN Provider Sharon McManus Consumer Cynthia Plockelman Purchaser- Mamie Poncy Consumer Trudi Webb Provider Vacant Provider Vacant Consumer (60+) Okeechobee County NANŒ CATEGORY Faye A. Haverlock Provider Treasure Coast Health Ccundl Board Rotation Plan page 3 ... ~ - '-' ...., St. Lucie County NAME CATEGORY Kristine Kruegel Consumer Indian River County NAME CA TEC'JÛR Y Gerard Koziel Provider Martin County NAME CATEGORY Vacant Consumer IV. Rotation Plan for 1997 Appointments The following factors should be considered when seeking new appointments or fe-appointments: 1) Each board member may serve up to three two-year consecutive terms prior to an enforced one term rotation off the Council board. . 2) Members should reflect the diversity of the populations served as much as possible. This includes, but is not [inúted to: age. sex, race and geographic diversity. 3) Recruitment should be open to the public and vacancies on the board should be publicized. 4) Rotation includes the categories themselves and not just the individuals serving on the board. Treasure Coast Health Council Board Rotation Plan page 4 . . '. ( ( ( -;:r - ~ '-' ..... , .. 1997 Appointment Categories By County * County Current Category 1997 Category Okeechobee Provider Consumer Martin Consumer Provider Indian River Provider Provider St. Lucie Consumer Purchaser~ Provider Palm Beach Provider Purchaser Provider Purchaser Provider Consumer Provider Consumer Consumer Provider Consumer Provider Consumer Provider Purchaser TOTALS: 6 Providers, 5 Consumers, 6 Providers, 3 Consumers, 1 Purchaser 3 Purchasers Treasure Ccast Health Ccuncil Board Rotation Plan page 5 ~ -- .....- . - - "':;:;;T 'wII ~ Ch.408 HEALTH CARE ADMINISTRATION ~ District 5.-Pasco and Pinellas Counties. District 6.-Hillsborough, Manatee, Polk, Hardee, and Highlands Counties. Distrrct 7.-Seminole, Orange, Osceola, and Brevard Counties. District 8-Sarasota. DeSoto, Charlotte, Lee, Glades, Hendry, and Collier Counties. District 9.-lndian River, Okeechobee, St. Lucie, Mar. tin, and Palm Beach Counties. District 10.-Broward County. District 11.-Dade and Monroe Counties. (6) "Expedited review" means the process by which certain types of applications are not subject to the review cycle requirements contained in 2S. 381.709(1), and the letter of intent requirements contained in 3S. 381.709(2). (7) "Health care facility" means a hospital, skilled nursing facility, intermediate care facility, or intermedi. ate care facility for the developmentally disabled. A facil. ity relying solely on spiritual means through prayer for healing is not included as a health care facility. (8) "Health maintenance organization" means a health care provider organization defined and author. ized in 'part I of chapter 641. (9) "Health services" means diagnostic, curative, or rehabilitative services and includes alcohol treatment, drug abuse treatment, and mental health services. (10) "Hospice· or 'hospice program" means a hospice as defined in ~part VI of chapter 400. (11) "Hospital' means a health care facility licensed under chapter 395. (12) ·Institutional health service" means a health ser. vice which is provided by or through a health care facility and which entails an annual operating cost of $500,000 or more. The department shall, by rule, adjust the annual operating cost threshold annually using an appropriate inflation index. (13) 'Intermediate care facility' means an institution which provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide, but who, because of their mental or physical condition, require health- related care and services above the level of room and board. (14) 'Intermediate care facility for thedevelopmen. tally disabled' means a residential facility licensed under chapter 393 and certified by the Federal Government pursuant to the Social Security Act as a provider of Med. icaid services to persons who are mentally retarded or who have a related condition. (15) "Major medical equipment" means equipment which is used to provide medical and other health ser. (a) The aggregate total number of independent - ing units and adult congregate living facility u ~ exceeds the number of nursing home beds. nil¡ (b) The developer of the project has expended :: sum of $500,000 or more on the certificated and nOn ~ tiflcated elements of the project combined, excluSi\¡~ land costs, by the conclusion of the 18th month Of u: life of the certifrcate of need (c) The total aggregate cost of construction of : certificated element of the project, when combined ~ other, noncertiflcated elements, is $10 million Or rn7:' (d) All elements of the project are contiguOus ~ immediately adjacent to each other and construction: all elements will be continuous. (17) "Nursing home geographically underserved are;¡- means: (a) A county in which there is no existing () approved nursing home; (b) An area with a radius of at least 20 miles in whiçr, there is no existing or approved nursing home; Or (c) An area with a radius of at least 20 miles in whic1: all existing nursing homes have maintained at least a 95 percent occupancy rate for the most recent 6 months Cr a 90 percent occupancy rate for the most recent 12 months. (18) 'Skilled nursing facility" means an institution, Cr a distinct part of an institution, which is primari~ engaged in providing, to inpatients, skilled nursing care and related services for patients who require medical C1 nursing care, or rehabilitation services for the rehabilita- tion of injured. disabled, or sick persons. (19) 'Tertiary health service" means a health service which, due to its high level of intensity, complexity; s~ cialized or limited ap'plicability, and cost, should be 11n} ited to, and concentrated in, a limited number of hosp<. tals to ensure the quality, availability, and cost- effectiveness of such service. Examples of such service include, but are not limited to, organ transplantation. specialty burn units. neonatal intensive care units, cOn} prehensive rehabilitation, and medical or surgical ser. vices which are experimental or developmental in nature to the extent that the provision of such services is not yet contemplated within the commonly accepted Course of diagnosis or treatment for the condition addressed by a given service. The department shall establish by rule a list of all tertiary health services. HlItOlY.-s. 19, ch. 87-92; s. 19. ch. 88-294; s. 2. ch. 89-3J8; s. 7. ch. 89-351. s. 21. ch. 91-158; s. 54. ch. 91-221; s. 1. ch. 91-282; lIS. 15. 16. ch. 92-33; s. 1Q. ch. 92-58; s. 22. ch. 93-214. '/Iot..-Transle<red 10 s. ~.036(IXc) by s. 15, ch. 92-33. lHote.-Translerred to s. ~.039(1) by s. 15. Ch. 92-33. "'01..- Transferred 10 s. 400.039(2) by s. 15. ch. 92-33. 'HOI..-Substlluted for . reference 10 part " of chapler 641 by lhe editors: .. 641.01-641.55. former part I. were repealed by s. 185. ch. 91-100 "NOIe.-Subslituled by lhe edilors lor a relerence to part V 10 conlorm to I'" rede..gnation of parts wilhin ch. 400 incode<1l 10 lhe compilation ot ch. 93-1 n vices, which has been approved for general usage by /Iot..-Former s. 381.702. the United States Food and Drug Administration for less . than 3 years and which costs in excess of $1 million. The ~ 408.033 Local and state health plannmg.- department shall, by rule, adjust the equipment thresh· ? (1) LOCAL HEALTH C~UNCILS.- . old annually using an appropriate inflation index. (a) Local health councils are hereby establlshedas (16) "Multifacility project" means an integrated resi· public or private nonprofit agencies serving the counties dential and health care facility consisting of independent of a district of the Idepartment. The members of each living units, adult congregate living facility units, and council shall be appointed in an equitable mann'er by thf nursing home beds certificated on or after January 1, county commissions having jurisdiction in the respective 1987, where: district. Each council shall be composed of a number of 202 HEALTH CARE ADMINISTRATION Ch. 408 " ~'s'equal to 1 '/2 limes the number of counties :compose the district or 12 members, whichever ter;Each county in a district shall be entitled to t ~ member on the council. The balance of the rshlP of the council shall be allocated among the .' ties' of the district on the basIs of population to the nearest whole number; except that in a . t composed of only two counties, no county shall fewer than four members. The appointees shall be . sentatives of health care providers, health care ... :~;dhasers, and nongovernmental health care consum' ¥~~-bUt not excluding elected government ollicials. The -~~rs of the consumer group shall Include a repre- _ .~~tive number of persons over 60 years of age. A ? .._ 1y of council members shall consist of health care ,f~p.chasers and health care consumers. The local health .-;':;';:ÇòunCiI shall provide each county commission a sched- ;¡;~;:.~1( ( appointing council members to ensure that coun- __~'''"<._ membership complies with the requirements of this :..x~;.piitagraph. The members of the local health council shall <~:elØct a chairman. Members shall serve for terms of 2 ::~-:::::yØar:; and may be eligible for r~apPolntment. " ~). Each local health council shall: i,'::.'" ~. Develop a district health plan that is consistent _' ~1[Irlth the objectives and strategies in the state health :~"~P.aJ1. but that shall permit each local health council. to ~.,-::~: . lop strategies and set priorities for Implementation .~~1Je,Sed on its unique local health needs. The district . ';' ,~~/~h plan must contain preferences for the develop- ~ ~_;:;;Ølent of health services and facilities. which must be ...,- .,?~tóñsidered by the 'department in its review of certi ¡, _:.:::~:i:s1e-of-~eed applications. The district health plan shall _~_ __ ~ -submitted to the 'department and updated penodl- . '-'. The district health plans shall use a uniform format j~;.;;f::iOd 'be submitted to the 'department according to a :.~ule developed by the 'department in conjunction .:.. . _'. the Statewide Health Council and the local health _""- Us. The schedule must provide for coordination n the development of the state health plan and -;·;.!district health plans and for the development of dis- .~ ,health plans by major sections over a multiyear . . The elements of a district plan which are neces- ., ~o the review of certificate-of-need applications for " ed projects within the district shall be adopted by Øldepartment as a part of its rules. -'.; Advise the 'department on health care issues 'resource allocations. . ~ I Promote public awareness of community health . ds, emphasizing health promotion and cost- live health service selection. $ Collect data and conduct analyses and studies to health care needs of the district, including the s of medically indigent persons, and assist the 'de- ent .and other state agencies in carrying out data ection activities that relate to the functions in this section. ':.. Monitor the onsite construction progress, if any, ~lcertificate-of-need approved projects and report . council findings to the 'department on forms provided .~-'-"= -,by the 'department " . £.:!: Advise and assist any regional planning councils . 'n each district that have elected to address health _ es in their strategic regional policy plans with the ~ ~ 1 )( 'r 1 n 5 y 2 x e )r q e ~. 1· j . ;e 1, ", ;r, 'e Jt ¡e JY ¡e >< '0 ;~ ~¿ 3S ~S ;n 1e ~. development of the health element of the plans to address the health goals and policies in the State Com, prehensive 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 sec- tion, 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 juris- diction; and c. Applicable 'department rules and calculated need methodologies for health facilities and services regulated under 2S. 381.704 for the district served by the local health council. 8. Monitor and evaluate the adequacy, appropriate- ness, 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 'Department of Health and Rehabilitative Services and StatewIde Health Coun- cil, plan for services at the local level for persons infected with the human immunodeficiency virus. 10. Provide technical assistal'lce to encourage and support activities by providers, pûrchasers, 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 'department with data required by rule for the review of certificate-of-need applications and the projection of need for health services and facili- ties in the district. (c) Local health councils may conduct public hear- ings pursuant to 3S. 381.709(3)(b). (d) Each local health council shall enter into a memo- randum of agreement with each regional planning coun- cil in its district that elects to address health issues in its strategic regional policy plan. In addition, each local health council shall enter into a memorandum of agree- ment with each local government that 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 imple- mentation efforts. (e) Local health councils may employ personnel to carry out the councils' purposes. Such personnel shall possess qualifications and be compensated in a manner commensurate with comparable positions in the Career Service System. However, such personnel shall not be deemed to be state employees. (I) Personnel of the local health councils shall pro, vide an annual orientation to council members about council member responsibilities. The orientation shall 203 1 ì H .~ f, ~ I' if: : I· ~ . "I· ! ;¡ : ¡:i ~ t : i 1.1 r! , I:. ~ :! : i I ~ i ,i -~ ~-..ar Ch. 408 - ";;:¡;;1 -z:¡;T HEALTH CARE ADMINISTRATION include presentations and participation by 'department staff. (g) Each local health council is authorized to accept and receive, in furtherance of its health planning func- tions, funds. grants, and services from governmental agencies and from private or civic Sources and to per- form studies related to local health planning in exchange lor such funds, grants. or services. Each local health Council shall, no later than January 30 of each year, ren- der an accounting of the receipt and disbursement of such funds received by it to the Idepartment. The 'de. partment 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 coùncil pursuant to this paragraph shall nol be deemed to be a substitute for. or an offset against, any funding Provided pursuant to subsection (3). (2) STATEWIDE HEALTH COUNCIL.-The State. wide Health Council is hereby established as a state- level comprehensive health planning and policy advisory board. For administrative purposes. the council shall be located within the agency. The Statewide Health Council shall be composed of: the State Health Officer; the Dep- uty Director for Health Policy and Cost Control and the Deputy Director for Health Quality Assurance ot the 'de- partment; the director of the Health Care Board; the Insurance Commissioner or his designee; the Vice Chan. cellor for Health AHairs of the Board of Regents; three chairmen of regional planning Councils, selected by the regional planning councils; five chairmen of local health Councils, selected by the local health councils; four members appointed by the Governor, one of whom is a consumer over 60 years of age. one of whom is a repre- sentative of organized labor, one of whom is a physician, and one of whom represents the nursing home industry; five members appointed by the President of the Senate, one of whom is a representative of the insurance indus. try in this state, one of whom is the chief executive off,. cer of a business with more than 300 employees in this state, one of whom represents the hospital industry, one of whom is a primary care physician, and one of whom ;s a nurse, and five members appointed by the Speaker of the House of Representatives, one 01 whom is a Con. sumer who represents a minority group in this state, one of whom represents the home health care industry in this state, one of whom ;s an allied health care profes- sional, one of whom is the chief executive officer of a business with fewer than 25 employees in this state, and one of whom represents a county social services pro- gram that provides health care services to the indigent. Appointed members of the Council shall serve for 2-year terms commencing October 1 of each even-numbered year. The council shall elect a president Irom among the members who are not state employees. The Statewide Health Council shall: (a) Advise th€ Governor, the Legislature, and the 1department on state health policy issues, state and local health planning activities, and state health regula. tion programs; (b) Prepare a state health plan that specifies sub. goals, quantifiable objectives. strategies, and resource requirements to implement the goals and POlicies of the health element of the State Comprehensive Plan. The ~ 204 plan must assess the health status of residents ot th. " state; evaluate the adequacy, accessibility, and affor~ billty of health services and facilities; assess gOver ~ ment-f nanced programs and pnvate health care ins /). . ance coverages; and address other topical local a LJr. state health care issues_ Within 2 years after the hea~ element ot the State Comprehensive Plan is amendea _ and by July 1 of every 3rd year, if it is nol amended, t~ _ Statewide Health Council shall submit the state health plan to the Executive Office of the Governor, the seCre- tary of the 'department, the President of the Senate, af1d _ the Speaker of the House of Representatives; (c) Promote public awareness of state health care issues and, in conjunction with the local health councils conduct public forums throughout the state to soliCit t~ comm~nts and advice ot the public on the adequacy, accessibility, and afford ability of health care services in this state and other health care issues; (d) Consult with local health Councils, the 5Health Care Cost Containment Board, the Department of InsLJr. ance, the 'Department of Health and Rehabilitative Ser. Vices, and other appropriate pUblic and private entitles, including health care industry representatives regarding the development of health POlicies; (e) Serve as a forum for the discussion of local health planning issues of concern to the local health Councils and regional planning Councils; (f) Review district health plans for consistenc)' With the State Comprehensive Plan and the state health plan (g) Review the health components of agency tunc: tlonal plans for consistency with the health element or the State Comprehensive Plan, advise the Execulive Office of the Governor regarding inconsistencies, and recommend revisions to agency functional plans to make them consistent with the State ComprehenSive Plan; (h) Review any strategic regional plans that address health issues for consistency with the health element of the State Comprehensive Plan, advise the Executive Office of the Governor regarding inconsistencies, and recommend revisions to strategic regional policy plans to make them consistent with the State Comprehensive Plan; (i) Assist the Department of Community Affairs in the review of local government comprehensive plans to ensure consistency with policy developed in the district health plans; (j) With the assistance of the local health Councils, conduct public forums and use other means to deter. mine the opinions of health care consumers, providers, payers, and insurers regarding the state's health care goals and policies and develop suggested revisions to the health element of the State Comprehensive Plan. The council shall submit the proposed revisions to the health element of the State Comprehensive Plan to the Governor, the President of the Senate, and the Speaker of the House of Representatives by February 1, 1993 and shall widely circulate the proposed revisions to affected parties. The council shall periOdically assess the progress made in achieving the goals and policies contained in the health element of the State Comprehen. sive Plan and report to the 'department, the Governor. - .... - - ...... "="" HEALTH CARE ADMINISTRATION Ch.408 õ . 993 ..·~ë~~ .' ...,:..jjil.:G1..::>'-. .:1!~~~r·esident of the S. enate, and the Speaker of the "'.':118"'- ~~ií~ of Representatives; and '"1.''':r~'(I<)f:,~ Conduct any otherfuncllons or studies and anal· .,~".:r.,~ falling ~der the duties listed above. :;5~J~ . FUNDING.- .~':'~~~8f';The L~gislature mtendsthat fhe cost of local ~".g;:~ councils and the Statewide Health Council be '.~~ .:<.~ by application fees for certificates of need and by ::t:~~:assessments on selected health care facilities subject ';'~. 'facility licensure by the Agency. for Health Care '~.':' ~nistration: .lncludlng abortion clinics, adult congre· ., . gØe liVing facilities, ambulatory surgical centers, birth· . k'Q centers, clinical laboratories except community non· r . ~:'.profit blood banks, home health agencies, hospices, .. ~. þOSPitalS, intermediate care facilities for the develop· ::-. '::: fI'SOtally disabled, nursing homes, and multiphasic test· ~: .. W1Q centers and by assessments on organizations sub- ~. ..'jed to certificatIOn by the agency pursuant to chapter ~"r'641. 6part III, including health maintenance organizations .- -"-.~-..-id prepaid health clinics. -J'::<:~(b)1. A hospital licensed under chapter 395. a nurs· .<:J1g home licensed under chapter 400. and an adult con- ~'-"7:~ gregate living facility licensed under chapter 400 shall ..-:. ~:. be assessed an annual fee based on. number of beds. t;.~f¡;.I-_ 2.. All other facilities and organizations listed in '; .;;,~graph (a) shall each be assessed an annual fee of ~':':_$150. ~~~3- Facilities operated by the Department of Health :..;:.ând Rehabilitative Services or the Department of Correc· 5tlioflS and any hospital which meets the definition of rural L:_ò;~;;Þ.osPital pursuant to s. 395.602 are exempt from the ~ ,,_"'~:assessment required In this subsectIOn. ~~~~(c)1. The agency shall. by rule, establish fees for ~.:~~pitals and nursing homes based on an assessment ~~2 per bed. However, no such facility shall be .:-:.,.___ ssed more than a total of $500 under this subsec- :::;;~tiOI'~' .,,- . '.7" The agency shall, by rule, establish fees for adult gregate living facilities based on an assessment of . ~r bed. However, no such facility shall be assessed - - 'e than a total of $150 under this subsection. .~. The agency shall, by rule, establish an annual fee S150 for all other facilities and organizations listed in graph (a). d) The agency shall, by rule, establish a facility bill- -and collection process for the billing and collection the health facility fees authorized by this subsection. 'ë) A health facility which is assessed a fee under "'Subsection is subject to a fine of $100 per day for - day in which the facility is late in submitting its ..' I fee up to maximum of the annual fee owed by the iIi\Y. A facility which refuses to pay the fee or fine is . ctto the forfeiture of its license. f) The agency shall deposit In the Health Care Trust nd all health care facility assessments that are . ssed under this subsection and proceeds from the ificate-of-need application fees which are sufficient maintain the aggregate funding level for the local Ith councils and the Stalewide Health Council as Specified in the general appropriations act The remain· ~tng certificate-of-need application jees shall be used ¡fl..... .for the purpose of administering the Health Facility .~ ... . _ Services Development Act . '. 205 ~ (4) DUTIES AND RESPONSIBILITIES OF THE 'DE- PARTMENT.- (a) The 'department, in conjunction with the State· wide Health Council and the local health councils, is responsible for the planning 01 all health care services in the state and for assisting the Statewide Health Coun· cil in the preparation of the state health plan (b) The 'department shall develop and maintain a comprehensive health care data base for the purpose of health planning and for certificate-ol-need determina· tlons. The 'department or its contractor is authorized to require the submission of inlormatlon from health facili· ties, health service providers. and licensed health pro· fessionals which is determined by the 'department, through rule. to be necessary lor meeting the 'depart- ment's responsibilities as established in this section. (c) The 'department shall assist personnel of the local health councils in providing an annual orientation to council members about council member responsibili- ties. (d) The 'department 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 'department that proviqes for a minimum and equaltundlng base for each local health council. Any remaining funds shall be dis- tributed based on adjustments tor workload. The 'de- partment 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 'department may withhold funds from a local health council or cancel its contract with a local health council which does not meet performance stand- ards agreed upon by the 'department and local health councils. HisIOf}'.-S. 20. CII. 87-92; s. 40. CII. 88-380: s. 35. CII. 88-394; s. 1. CII. 89-104; s. 24. Ch. 89-294: s. 2. ch. 89-296: s. 15. eh. 89-527: s. 2, eh 9'-48: s. 22.CII. 91-158. ss. 2. 104. CII. 91.282: s. 5. CII. 9'~29; ss. 15. 17. ch. 92-33; s. 2. ch. 92-174; s. 66. eh. 92-289. s. 22, ch. 93-120; s. 11. ch. 93-129. s. 33. CII. 93-206: s. 8. eh. 93-267. 'Hote.-Lccal snd slalewÐe heahh counc~s were Irsns!erred lrom lhe Depart· ment 01 Heahh snd RehabititalNe SeMces 10 lhe A90rrcy lor Heahh Care Administra· lIOn pursuanllo s. S4. CII. 92-326. IHote.- Translerred 10 s. 408.034 by s 15. ch. 92-33. >Hote.-Trsnsterred 10 s. 408.039(3Xb) by s. 15. CII 92-33. _e.-The Depuly Oifector lor Heahh Poley snd Cos! Control and lhe Depuly Dorector lor Heallh Quality Assursnce sre now Iocaled wiltw1lhe A9""C'I'or Health Cate AdmlniSlralion pursuanllO s. 20..2. _e.-$eeIIOnS 82 and 83. CII. 92-33. aboloshed lhe Health Care Cœl Coolain· menl Board and transferred an powers. C1u1ies and lunctions. records. personnel. property. and une¡q>ended balances 01 Ippropoalions. allocatIOnS. 01 other lunds 01 lhe bOard 10 lhe Agency lor Health Care Admiruslralion 0Hote.-SUOSliluled tor a reletence 10 part N 01 Chapler 541 by lhe editors: ss 541.01-Q41.55. lormer part I. we<e repealed by s. 185. ch. 91-106 Hote.-Former s. 381.703 408.034 Duties and responsibilities of department; rules.- (1) The department is designated as the single state agency to issue, revoke. or deny certificates of need and to issue, revoke. or deny exemptions from certificate- of-need review in accordance with the district plans, the statewide health plan, and present and future federal and state statutes. The department is designated as the state health planning agency for purposes of federal law. '(2) In the exercise of its authority to issue licenses to health care facilities and health service providers, as provided under chapters 393.395. and 400, and to hos- - - ~~ ....., ....., AGENDA REQUEST ITEM NO. G,1 DATE: November 16,1999 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 99-273 - Urging the Florida Congressional Delegation to oppose any Federal Legislation that authorizes or requires the Federal Courts to take jurisdiction over local issues or intrude into local land use or regulatory decisions unless the claimant has exhausted all state and local remedies; and further to defeat the "Private Property Rights Implementation Act of 1999" (H. R. 2372) and its Companion Bill "Citizens Access to Justice Act of 1999" (S. 1028). BACKGROUND: See attached Memorandum. FUNDS AVAIL: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 99-273 as drafted. COMMISSION ACTION: [il APPROVED [] DENIED [ ] OTHER: D gl sAnderson Cou Administrator County Attorney: :J[ Review and ADDrovals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)_ Eff. 5/96 '-" ..., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 99-1520 DATE: November 4, 1999 SUBJECT: Resolution No. 99-273 - Urging the Florida Congressional Delegation to Oppose Any Federal Legislation that Authorizes or Requires the Federal Courts to Take Jurisdiction Over Local Issues or Intrude into Local Land Use or Regulatory Decisions Unless the Claimant has Exhausted all State and Local Remedies; and Further to Defeat the "Private Property Rights Implementation Act of 1999" (H. R. 2372) and its Companion Bill "Citizens Access to Justice Act of 1999" (S. 1028) BACKGROUND: The U. s. Congress is considering adopting the "Private Property Rights Implementation Act of 1999" (H. R. 2372) and its Companion Bill "citizens Access to Justice Act of 1999" (S. 1028). This proposed legislation would allow property owners who have been denied a claim by a local planning board or elected body to circumvent state courts and take their case directly to a federal court. The National Association of Counties and the National League of Cities are opposing such legislation and commissioner Barnes has requested that this Board adopt a resolution opposing such legislation. The attached Resolution No. 99-273 has been drafted for that purpose. '-' ...." RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Resolution No. 99-273 as drafted. ReS~~~Y submit Daniel S. McI County Attorn DSM/cac Attachment '-" .."" RESOLUTION NO. 99-273 A RESOLUTION URGING THE FLORIDA CONGRESSIONAL DELEGATION TO OPPOSE ANY FEDERAL LEGISLATION THAT AUTHORIZES OR REQUIRES THE FEDERAL COURTS TO TAKE JURISDICTION OVER LOCAL ISSUES OR INTRUDE INTO LOCAL LAND USE OR REGULATORY DECISIONS UNLESS THE CLAIMANT HAS EXHAUSTED ALL STATE AND LOCAL REMEDIES; AND FURTHER TO DEFEAT THE "PRIVATE PROPERTY RIGHTS IMPLEMENTATION ACT OF 1999" (H. R. 2372) AND ITS COMPANION Bll..L "CITIZENS ACCESS TO JUSTICE ACT OF 1999" (S. 1028) WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Under existing principles offederal and state law, issues oflocal concern are reserved for local governments and state courts to decide and resolve. 2. Under three long-standing principles, federal courts traditionally abstain :ITOm intervening in local administrative proceedings until all state and local remedies have been exhausted, particularly when such matters involve local land use or regulatory decisions. 3. This system ensures a proper balance between the federal and state governments and protects the right of local governments and courts to decide local land use, zoning, or regulatory matters in the best interest of the local community. 4. Proposed legislation "Private Property Rights Implementation Act of 1999" (H. R 2372) and its Companion Bill "Citizens Access to Justice Act of 1999" (S. 1028) would alter this balance unnecessarily by allowing property owners who have been denied a claim by a local planning board or elected body to circumvent state courts and take their case directly to a federal court. 5, This legislation would discourage property owners :ITom attempting to resolve their '-' ..., disputes with local governments outside the courtroom. thereby reducing the role of local officials in local decision making. 6. The legislation would deem "ripe" for federal court action cases in which there is an insufficient factual record for decision, raising the risk of poorly informed rulings. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board urges the Florida Congressional Delegation to oppose any Federal Legislation that authorizes or requires the Federal Courts to take jurisdiction over local issues or intrude into local land use or regulatory decisions unless the claimant has exhausted all state and local remedies. 2. This Board opposes the "Private Property Rights Implementation Act of 1999" (H.R. 2372) and its Companion Bill "Citizens Access to Justice Act of 1999" (S. 1028) and recommends said legislation be defeated. 3. The County Administrator is hereby directed to forward a copy of this resolution to U S. Senator Connie Mack; U S. Senator Bob Graham; U S. Representative Mark Foley; U S. Representative Alcee L. Hastings; and the National Association of Counties. After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis XX Vice Chairman John D. Bruhn XX Commissioner Frannie Hutchinson XX Commissioner Cliff Barnes XX Commissioner Doug Coward XX PASSED AND DULY ADOPTED this 16th day of November, 1999. ATTEST: '-" ..." BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY " ~ " y ~AGENDA REQUEST IT!fØt NO. (p ß DATE: November 16/ 1999 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South County Regional Stadium - Agreement with Edlund &. Dritenbas Architects, P.A. BACKGROUND: Attached is a copy of a proposed Agreement between the County and Edlund & Dritenbas, Architects, P.A. to design and permit the South County Regional Stadium. The proposed fee is one hundred ninety-two thousand six hundred forty-three and 0/100 ($192/643.00) dollars which include all reimbursable expenses. The proposed time of performance is as follows: Design Phase CM Design Review & GMP Phase Construction Phase 10/28/99 to 12/18/99 11/23/99 to 2/14/2000 2/15/2000 to 8/21/2000 The School District has independently retained a Construction Manager to manage construction of the project. FUNDS AVAILABLE: Impact Fees - Parks District B (310002-7210-563000-79502) PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Agreement and authorize the Chairman to sign the Agreement. Do Co COMMISSION ACTION: [)<.] APPROVED [ ] DENIED [ ] OTHER: Couney Attomoy' (}r Môn:::~~: :nB~d:~:~/ Originating Dept. Leisure Svcs. Dir.:~ Finance: (Check for Copy only, ,~ ---l'~-blE· &~ , Purchasing: ¡~ Central Svcs. Mgr. Eft. 5/96 Tel. (561) 569·4320 Fax (561) 569-9208 Tel. (954) 429·0995 Fax (954) 421-8269 ~[Jf][J,® LETTER Date ...... .LZA.)<;2Vm?2m EDLUND & DRITENBAS ARCHITF:CTS , 65 Royal Palm Pt., Ste. 0 160 SW 12th Ave., ",-,101C Vera Bch., FL 32960 Deerfield Bch., F1:"33442 To /Il£./Ã2t26AÁ2~m . ...~tlh71':mA¡;:U?//U/77£d~.. . .m~L.l.k::/GLoæ¡¿~E¿........ .. 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"';f...~çz~<:2J::o"'.."''''<2<)'''..... .. "'m"'''''''............. .m ....."''''..'''....'''..m'''......m''''''. . .. ........................ ... > "''''''''''L.ez=~~aLl../E.l!cal.m.£1~'''.A&!Y.....¿þ2LZZºI!d4L.. ................INEiÆøL7Z0¿).."'..Ar..T/Æ~..........m.7.ZJØ!-b.........,."'..."''''...........aI~'''....A/;?G¿~LJY......... m........~..~~"L>......¡:22'U.b/;.Uq?............AJP~¿.."'.~.............~....."'d6Á?t-.:...~. ............Br'~........~..........c2?4/~..(J?ØÆ2/~~C2~;2..........æ¿¿........../b..¡{J<2¿¿¿99;)...,:....... ··¡¡t..~I~:;;.5:~;;;~~~~ ... .. ...... .... ···µ¡11;;~~ .d~-:d._ o Please reply SIGNED No reply necessary - .... TilE A MER I C AV INS T T lJ T E ...." F ARCIIITECT I II A/A Document 11/4/ Standard Form of Agreement Between Owner and Architect 1987 EDITION 7'l/l.S' J)()CUMHNT liAS IMPORTANT LEGAL CONSEQUENCES; CONSUI,TA nON WITlI AN A 7 "J'ONNH 1:' IS HNC(){/UAGIW WiTH RESPHCT TO iTS COMI)I.HT/ON ON MOf)/FICA HON. AGREEMENT made as of the 16th Nineteen Hundred and ninety nine. day of November In the year of BETWEEN the Owner: St. Lucie County Florida 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 (Nallle allll at/dress) and the Architect: Edlund & Dritenbas Architects, P.A. 65 Royal Palm Blvd. Suite "0" Vero Beach, Florida 32960 (Nt/llle allll tit/dress) For the following Project: Treasure Coast Sports Stadi urn CORID. # 12039BVB (flle/wle ",,/,liled de,<¡;,,;/,I/()I/ of I'rc!/ec/, fo¡;ali()I , "t/,I,.uss tI/ltl scope.) A football and soccer field with concrete stadium seating for up to 3000 spectators, a restrooms and concession building, two ticket booths, press box, sky boxes, and support infrastructure. The scope of work shall be full Architectural services as described in Article 2, plus the services listed in Article 12. Procurement system shall be C.M. at risk. The Owner and Architect agree as set forth helow. Copyrl~hI1917,1926,194I1,1951, 1953,19511, 1961,1963,1966, 1967,197(),1974,1977,©19f 7hyTheAIllt"ri..alllll~lilule of An:hilccls, 1735 New York Avcllue, N. W., WashillglOl\, 1>.<:' 20006. lkprolluclioll of Ihe lI1alcrial herciu III ~lIh~l;ullial qllolaliol1 of ils provisio/ls wilhout wrillcl1 permissiol1 of Ihe AlA violales thc copyrighllaws of Ihe lJIIHell SI;lIes ;IIBI will he sllhjeCl 10 kg;¡1 prosc(;\ (iol1. AlA DOCUMENT 8141 . OWNEItAIICIIITECT AI¡¡IEEMENT· FOIIIITEENTII EDITION· AlA"' . ©IYlI7 TIlE AMEUICAN INSTill ITE OF AUClIITECTS, 17.\5 NEW YOUK AVENUE, NW, WASIIIN(;TON, ilL WOOC> 8141-1987 1 '-' I III ...., TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCIIITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Archilect's services consist of those services per- formed hy Ihc Arl"llitecI, Archilecl's employees and Archilcct's consull:lIlIs :IS clllllucr:llcd In Arlidcs 2 and 3 of this Agree:menl and :lJ)y OIIIcr scrvices Indude:d In Anic C 12. * "¡..:I4~~)4 -Afëk "'6~_y. G6i..¡J;¡¡¡ I-~~T~¡;f~-iIIò- tlously :1:1 Is consistcnt with professional skill and car' d the orderly proHress of the Work. Upon requesl of )wner, the Archilel"l shall suhmil for thc Owner's a val a schedule for Ihe perlimll:llwe of Ihe Archllcc' ervices which may he adjusted :IS IIIe Project proc·.!(t , :lIId sh:11I Include allowances lilr periods of lime r' red for the OWller's review and for :Ipproval of 5ul~ sons by alllhorlties having jurisdiction over Ihe I'role ' mc limits clu;a )lIshed by this schedule approvcd h )wncr shallllot, excepl for rC:L'i<ln:lblc C:IlISC, he exceeded y~~n~~r"r~ï. 1.1.3 The services covered by this Agreement are subject to the time: limitations cOl\lalned in Subpar:lgr:lph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES * 2.1 DEFINITION 2.1.1 Tht: I.rehiteet's "lisle Services cOllslsl of Ihose dt!scrlb@d In l'urugl1lphs ;l.;llhrough 2.á liRe an)' olht!r ser'llct!s l¡JelltlHlIg in AI1Ir,:I¡¡ 11 ¡¡S 11;111 of Ih¡;lc I!ì¡¡w/lc@¡;, aA¡,J Include AorA1¡¡1 slruc tunl, IIH.:dnAk"" 'Imllllt,:ctrical IInglnl!l!ring st!rvlc!!s. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Archlte<.:1 shall review the progr:am furnished by the Owner to as<.:ert:lin the requirements of Ihe ProJecI and shall arrive :11 a mutualundersl:mdlng of such requirements with the Owner. 2.2.2 The Archllecl sh:1I1 provide a preliminary evalualion of the Owner's prosman, schedule and conslrucllon hudget requirements, e:lch In lerms of the OIher, subjecI to Ihe limita- lions sel forlh in Subp:lragraph 5.2. I. 2.2.3 The Architect shall review with the Owner altern:ulve appro:lches 10 design and conslrucllon of Ihe Projecl. 2.2.4 Based on Ihe mutually agreed-upon program, schedule and (;onstfllclion budgel rcquirements, Ihe Ardlitecl shall prep:lre, for :Ipproval by the Owner, Schcm:1I1c Design Docu- mcnts conslstillg of dmwlngs ¡lnd olher documents IIIu51ratln8 the scale and relationship of Project components. 2.2.5 The Archltecl shall submll 10 the Owner a preliminary eslilll:lle of Construction Cost hased on current area, volume or 01 her unll costs. * 2.3 DESIGN DEVELOPMENT PHASE ~S~-~~&,m1hc~r~ccr~~~~~~~n;~~~n~n~ :~~~~T~~~~~~~~ÖH~~~~k~~~~~~Hk~~M~ft~~ ¡¡clu;úuI~.£JL ..c:1JQ.'iJ,c.u.;WJJ 1- 1.:1 wJ¡ L:L,.J 1..1c. .ÀJ;(;!.w ¡;,W ~;¿J L p.~~~. for approval by Ihe Owner, Design I >Cvelo 2UU';Ht-IJiJcílmeI1lS conslsling of drawings and olhcujocumê:ñÏ:i t( lìx and dcscrihe the size and ch:lract~l¡:'thê-¡;¡:;ljecl as 10 ardlileLlural, Slrll<:- IUral, n~lu'"it::.r;'1l1 electrlcll systems, mawrials and such ~~~~~.~~~þ~~~~~~~ 2.3.2 The Architect shall advise the Owner of any adjustmenls to Ihe preliminary estim:tle of Constnlction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on Ihe approved Design Development Docu- ments and any funher adjustlllents III Ihe scopc or qu;ilil y of Ihe ProjecI or In the cOl1stru<.:llon budgel :nllhorizc:d hy Ihe Owner, Ihe Architect shall preparc, for approv;¡1 hy thc ()wncr, Conslruclion Documents consisting of Drawings :lIId SpcdfìC:l- lions selling fonh in de ¡ iI Ihe requlremcnls for Ihe conslruc- lion of the Projecl. 2.4.2 The Architect shall asslstlhe Owner In Ihe prcpar:nhlll of Ihe necessary hldding Inlill1l1ation, hiddlnH fomls, Ihe Condi- tions of the Contr:lct, and the limn of AgrecmelU hctwecn Ihe Owner and ContmclOr. 2.4.3 The Archltecl shall advise the Owner of any adjustmcnls 10 previous preliminary estim:lles of ConstnK1ion <:ost Indi- cated by changes in requirements or general marl,cl cOlldilions, 2.4.4 The Archltecl shall assist the Owner in conllcLlioll with the Owner's respon5ihillly for iìllng documents required for Ihe approv;11 of governmenlal mllhorllies having jurisdiclion over the Projecl. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Archllecl, following Ihe Owncr's approval of Ihe Construcllon Documents and of the I:ltcst prelilllinary eSlllllale of Conslrucllon COSI, shall :¡ssISI the Owner in ohlalnlng hlds or negotiated proposals and asslsl In awarding and preparing contracts for conslruclion. 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The ArchilecI's responslhlllly 10 provide Basic Services for the Construction Phase under this AgreclllclH conUllenl"es wllh the award of the Corllracl for ConSlrUCllon and lenuinalcs at the e:arller of the iss\lance 10 the Owner oj' Ihe I1nal <:cnll1<::lIe for Payment or Go days :Ifter Ihe datc of Suhslanllal/ ;olllplctlon of the Work, unless extended under the It:rms of Suhparagraph 10.3.3. 2.6.2 The Archllect sh:11I provide :Idllllnlslralloll of Ihe Con- IracI for Construcllon as sel fonh helow an" III Ihe e"lllolI of AlA Document A20l, (ìener;11 COlldlllolls of Ihe (;lIlIlIacl Ic (' Conslructlon, current as of Ihe dale of 111Is AgreelllC:III, IllIleSS OIherwlse provided in Ihis Agreement. 2.6.3 Duties, responslhilltles and limitations of aUlhorily of lite Archllecl shall nm he restricted, m()(lIlìed or eXlendcd whlllll ( wrlllen agreement of the Owner alld ArchÌlcC! wllh U II,selll of the Con/raclOr, which consenl shall nol he unreasonahly wilhhcld. AlA DOCUMENT B141 . OWNI;K-AIICIIITI!CT A<;¡U;EMI!NT' fOlJlITEENllll!l>lllON' AlA"' . ©1~t!7 Till! AMEUICAN INSlll1lT1! OF AUClIITECTS, 17,15 NEW YOUK AVENIIE, NW., WASIIINI;T()N, DC. lOIHI(¡ * See Exhibit "A" .' B141-1987 2 '-' II I, 2.6.4 The Archilect shall be a represent:ulve of and shall :Idvlse and consull with the Owner (1) during construc!lon unlil tln:.1 payment to Ihe Contraclor Is due, and (2) as an Addlllonal Ser- vice at the Owner's direction from time to time during the cor- rection period described In the COnlract for Construction. The Architect shall have authority 10 act on behalf of the Owner only 10 the extenl provided In this Agreemenl unkss olherwlse modi/ìcd by wrluen instrument. 2.6.5 The Archilect shall visit the sile at intervals appropriate 10 the stage of cOl\slnlcllon or as otherwise agreed by the OWl\er :tnd Architecl In wrlllng 10 become gener.llly familiar with Ihe progress and quality of Ihe Work compleled and to dClcrmlne In general If Ihe Work Is being performed In a m:lI1- ner Indicating thai the Work when compleled will be In accor- dancc with Ihc Contracl Documents. Ilowevcr, the Archllecr sh:1I1 not be requlrcd 10 make exhausllve or continuous on-sitc Inspecllons IU check Ihe <¡ualily or <¡uamlly of Ihe Work. On Ihc has Is of on-site obscrvalions as an archllect, the Archllecl sh:1I1 keep Ihe Owner Informed of Ihc progress and qualily of the Work, and shall enue:lvor to guard Ihe Owner against defecls and de'lclencies In the Work. (More exte1lSllle site represe tatlo1l may be agreed to as a1l AddU/emal SenJlce, as described In Pamgmpb 3.2) 2.6.6 The ArchllcCI shall nor have control over or charge of and shall nOI hc responslhle for construcllon means, methous, lechnlqucs, sequcnces or procedures, or for safety precaullons :md pmgrams In connecllon wllh Ihe Work, since these are solely the ContraclUr's responslblllly under the Contracl for Conslructlon. The Architecl shall nOI be responsible for the COnlr:lclor's schedules or f:.llure 10 carry out the Work In accor- d:ancc wilh thc Contracl Documellls. The Archllect sh:1I1 not h:lve control over or charge of :lctS or omissions of the Contrac- /Or, Subcontractors, or their agents or employees, or of :my other persons ptrlimnlng portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is In prep:lratlo·n or progress. 2.6.8 Excepl as may olherwlse be provided 111 the COlllracl Documcnts or when direcl communlcallons have been spe. cIally alllhorlzcd, Ihc Owne:r and Contr:lctor shall communlcale Ihruugh the Archilecl. Communlcallons by and with Ihe Archi- tect's consuh:lllls shall bc Ihrough thc Architect. 2.6.9 Based Oil thc Archllcct's observations and evalu:lIlons of Ihe ContraclOr's Applic:\llons li)r Payment, Ihe Archilect shall review and ceCllfy the :lInounts duc the Contraclor. 2.6.10 The Architect's cCCll/ìcallon for payment shall consll- IIItc a rcprcsenl: (ion to Ihe: Owner, h:lsed on Ihe Archllecl's observ:\lions at Ihe site as provided In Subparagraph 2.6.5 and Oil the d:ua comprising Ihe Contractor's Appllc:\llon for Pay- ment, thai the Work has progressed 10 the point Indlcalcd and th:\I, 10 the best of Ihe Archltecl's knowledge, Informallon and belief, qU:llily of Ihe Work Is In :Iccordance wtlh Ihe: Conlracl Documents. Thc tÜregolllg represenl:nlollS arc suhJect 10 an ev:llu:\llon of the Work tÜr conformance with the Contracl Docllllterlls upon Suhst:mtial Completion, to resulls of subse- qllent tesls :lI1d Inspecljons, 10 minor devl:\lions from the Con- tract Documents correctable prior to completion and 10 spe- cilìc qualifications expressed by the Archllect. The Issllance of a CeClilìC:\le for Payment shall further conslillIIe a represent:ulon that Ihe Contractor Is enlilled to payment In the amount ceClI- ned. Ilowever, Ihe Issu:mce of a Certi/ìc;\le for Paymcnt shall nO( he a represcllt:\llon Ihat the Archilect has (I) m:¡de exhaus- live or cOII inuolls on-sile Inspections to check Ihe qU:llity or ....", quantity of the Work, (2) reviewed conslfllctlon mealls, lItelh- mis, techniques, sequences or procedures, (3) revicwed copies of requisitions received from Subcontractors and material Slip- pliers and other data requested by the Owner to sllhst:l/lliate the Contractor's right to payment or (4) asccrtained how or for what purpose the Contr:lclor has used money previollsly paid on account of the Contract Sum. 2.6.11 The Architecl shall have alllhorlt y to rejcct Work which docs not conform to Ihe Contract Documents. Whenever the Archltcct considers It necessary or advisable tÜr Implemcnta- lion of Ihe Intent of Ihe COl1lraCI Documellls, tlt~ ArchileCt will have aUlhorily to require addillon:lllnspecllon or tesling of Ihc Work In accordancc with Ihe provlslOlls of Ihe Conlract Docu- melliS, whelher or nor such Work Is f:lhrlcaled, Instal/cd or cnmpleled. Ilowcver, nellher Ihis alllhorily of Ihe ArchllCet nor a decision made In good (;lllh eilher to exerclsc or nOI 10 cxer- clse such authority shall give rise: to a dUly or rcsponslhilily of Ihe Archllecl 10 the ConlraclOr, Suhcolllraclors, III:Ucrlal and equipment suppliers, their agenls or employees or olher per- sons performing portions of Ihe Work. 2.6.12 The Architect shall review :tnd approve or lake olher appropriate aClion upon Contr:lctor's suhlllillals such as Shop Drawings, Producl Data and Samples, hili only tÌlr Ihc limited purpose of checking for conformance wilh IntimH:uion givell and the design concepl expresseclln Ihe COnll~ICI Dool/llenls. The Archllect's aCllon shall he t:lken wilh su....h reason:lhle promptness as to cause no delay In Ihc Work or In Ihe con- struclion of Ihe Owner or of separu,e cOtllraClors, while allow- Ing sufficient lime In Ihe Archltecl'S professlon:,1 jUdglllcllt 10 perm II adequate review. Rcview of such ~uhmlllals Is nOl con- ducled for the purposc of delcrmlnlng Ihe accuracy and COIll- pleteness of other delails such as dimensions and qllamhles or for subslantlallng Inslructions for Inst;,lIallon or pcrfofluallcc of equipmenJ or systems designed by thc COntraclOr, all of which remain the responsibilily of the COlllr:lclor 10 Ihc extelH required by the Contract Documents. The Ardlilecr's review shall nO( constitute approval of safety precalllions or, unless OIherwlse specifically staled by thc Archltecl, of ....onstructloll means, melhods, techniques, sequcnces or procedures. The Archltecl'S approval of a specific hcm shall nOI Indlcalc approval of an assembly of which Ihe hcm Is :1 compollcnL When professional cenlllcallou of performance characlcrlsllcs of malerlals, systems or eC)ulpmelll is required hy thc Contract Documents, the Archilect shall he enlillcd 10 rely IIpon sllch l:erllf C;lIlon to eSlahlish Ih:1I Ihc m:ucrials, syslellls or cquip- ment will meel Ihe perlimuancc criteria required h)' Ihc Con- tract Documents. 2.6.13 The Archltecl ·shall prepare Change Ordcrs and Con- slruclion Change )Irecllves, with supporting l!oclllllcnlallon anu d:lla If deemed ncccss;lry hy Ihc Archileel ;IS provided III Suhp;lragr:lphs 3.1./ arid 3.3.3, tilr Ihe Owner's approval alld execution In accordance wllh Ihe COl1ll";ln I>ocumenls, and may aurhorlze minor ch;mges 11\ the Wortl nol involving all adlusllnenlln Ihe (;onlr;I\:[ Slim or all eXlcllsl<lI1 oflhe (;(l lIr:II~1 Time which are notlnconslstel1l wllh Ihe hllenl of Ihe COlIlI:ll't Documents. 2.6.14 The Architect shall cOlldll1."l IlIspectlolls 10 d<:lcnllillc Ihe date or elates of SlIhst:l/lllal (:olllpletion and Ihc dale (II lill;11 complellon, shall receive and 'i)rwanl 10 Ihe ()WII<:I" 1(11 llie Owner's rcvlew and records wrillell warrallties and Idunl doculllenls required hy Ihe COl1lra("( DOnl/HelllS and asselll. bled hy thc Cor1lraCIOr, alld shall issllc a nllal (:crlilkall: fOI I'a)' lIIent upon compliance wilh the rcqlliremclIls of Ihc COIIII;WI Docllments. 3 8141-1987 AlA DOCUMENT 8141 . OWNEI(-AHCIIITECT A(¡IIEEMENT . fOlJlITEENHI ¡ )ITION . AlA" . ~ I~IIII TII ¡ AMEIUCAN INSTlTIJT ¡ 01' AIICIIIT ¡CTS, 17j5 NEW YOIIK AVliNIJE, N.W., WASII/N(,TON, ) C. !OOlllo '-" III I 2.6.15 The Archileel slLII inlerprel ;md decidc m:lllers con- cerning perliJl1nance of Ihe Owner ami COnlraclor IInder Ihc rel lIiremenls of Ihe COlllracl Docllments on wrillen rel lIesl of eilher Ihe Owner or ConlraClor. The Archltecl's response 10 slIch re( lIeSIS sh;11I he m;lde wÎlh re;¡son;lhle promplness and wilh;n any lime Iim;ls ;Igreed IIpon. 2.6.16 Inrcrprelalions and decisions of Ihe Archllecl shall be consislcnt wilh Ihe Inlenl of;lIId reasollahly inferahle frollllhe COlllracl DOClllllcnlS :lI1d sh:11I he in wrlling or in Ihe lilfln of drawings. Whcn lIIal¡jng sllch inlcrpn:I;lljons and inllial dcd- sions, IIIe An:hilccl shall cndcavor 10 secllre failhflll perfor- lIIance hy )m/} Owner ;lI1d COnlr;lClor. shall nOI show p:ullalily 10 eilher, and shall nOI he liahle Iilr reslllls of Inrerprel: lons or decisions so rendered in good ¡¡¡il h. 2.6.17 The Archllecl's decisions on lII;íllers relallng 10 aeslhc- lie effeel shall he nn;lllf conslSlel1/ wilh Ihe In/en/ expressed In Ihe COlllracl I )oCllllleIllS. 2.6.18 The Archllecl shall render wrlllcn decisions wllhin a re;~~onahle IllIIe on ;111 claIms, dispult:s or OIher mailers In !Jiles- 11011 hel ween Ih : Owner :lI1d COlllraclOr rehl/lng 10 Ihe execlI- lion or progress of Ihc Work as provided In Ihe COnlrael DIICIIIHenls. a~~~~~~~~~~~~k~bmm~nn~rnmmr.~p~~o~~ 1lI:llIers. IlIchl<IIIIH Ihose In 'luesllolI I~dtc:-owíler õUld COl\lraClor, excepl for l~ntfTO :aeslhelle effecl as pro- vided In ~1~~ó.17. shall he sllhjecl 10 :Irhllrallon as ..~'" fI":F h!l'eelttelft ."8 'II" thc-(':tmtrnct-t~1t;Ylrm:rTr.;. ARTICLE 3 --- ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services descrlhed In Ihis Arlicle 3 :lCe nO[ Inclllded IlIlIaslc ~crvlce:; IIlIless so 1~lenl lcd In Anlde I:¿, and Ihey shall he paid li)r hy Ihe Owner as provided in Ihls Agreemenl, In :lIldilion 10 Ihe compens:lllon for lI:asic Services. The services deSClihed IllIder P:alagr:aphs 3.2 ¡lIId 3.4 shall only be provided If :lIlIhorlzed or confilmcd In wIlling by Ihe Owner. If services descrlhed IInder Conlingen/ Addllion:al Services In Paragraph ;\.:i :arc required due 10 drclllllslólllces bc)'onu Ihe Archllecl's conlrol, Ihe An:hilect shall n() ify Ihe Owner prior () com- mendll ( such services. If Ihe Owner deems Ihat such services de:¡crlhed ulldt:r I':aragr:lph 3.} arc nOI reqlllred, Ihe Owner sh:11I give prolllpl wrlllen nOllce () Ihe Archhecl. If Ihc Owner Indlc:l/es In wrllln" Ih:1I :all or p:arl of such ConllngeJ1l Addl. Ilonal Services "IC 1101 re(llIlred, Ihe Arehllcct shall have no ohll· 8:1/1011 10 provide Ihose servil.:es. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more eXlenslve repre¡;eJ1lallon :II Ihe sUe Ih:1I1 Is descrlhed In ~lIhp:Ir:lHr:aph 2.6.5 Is required. Ihe An:hlleCl shall pnwide one or more I'mjecl Hepresemalives 10 assisl in cany- lug 0111 slIch ;lIldilioo:l1 oil-sire respollsibililles. 3.2.2 I'rojecl Ikpreselllallves shall he seleclcd. employed :and dlrecled by Ihe Alchilecl, :lI1d Iht: Archilecl sh:¡1I he compen- sOIled Ihercfor as "greed by Ihe Owner and Archlleel. The dillieS. responsihililics and Iimll;lIlons of ;lIlIhurily of Projecl Ikpresemallves sh:all he as descrihcd in Ihe edition of AlA I>oculllenl 113'52 clI....enl as of Ihe dale of Ihis Agreemem. IInlcss olllcrwise :Igreed. ...., 3.2.3 Throllgh Ihe ohservatlons hy slIch Projecl Ikprcsen- 1;lIlves. the Archllect shall endeavor 10 provide ¡¡Irlher pnllec. lion for the Owner againsl defeels :and ddkiencies inlhe Worl< bill Ihe furnishing of sllch projeel n:preselll:lliOI\ shall no; modify Ihe rlghls, ft:sponslhllilles or ohligallol\s of Ihe Archill:t"1 as descrihed elsewhere In Ihis Agreelllem, 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions In I )rawlngs, Spcci/ìclllons or olher docllments when sllch revisions :arc: .1 Inconslslelll wllh approvals or h1S1 fllCl Ions prevlollsly given by Ihe Owner. Including revisions m:adc neces- sary hy adjllsllllcnls In Ihe Owncr's program or Pro'. eCI blldgel; .2 reqlllred by Ihe enacllnelll or revision of codes, laws or rcgul:ulons suhse< lIenl 10 Ihe pn:parallon of slIch doculllenls; or .3 due 10 ch:lI1ges required as a n:sllh of Ihe ()wner's bU. lIrc 10 render decisions In a !Imely 1II:lI1ncr, 3.3.2 Providing services required hecallse of Sigllilk:1I1I cllõlllHes In Ihe: Projecl IlIclmllnu, hUI nOI Ihniled 10, sl:t.e, qllal. lay, eomple:xily, Ihe Owner's sChedllle, () . Ihe lIIelllod of hid. dlnB or neBOIlõl/lng :lIId cOlllracllnH (u· conslCllnlon. CXCCPI for services rCCJulred under Suhparagraph 5.:¿, 5, 3.3.3 Preparing J).....wlngs. SpccJ kallons and olher doclll1len. I:I/Ion and sllpponlng d:l/a, evahl;iling COIuraClOf's pmposals, :lOtI providing mher services In connec ion wilh Change Orders and Conslnlcllon Change Directives. 3.3.4 Providing services In conncclioll wilh eV:llllallng SllbSII- III/ions proposed hy Ille COlllracror and mailing slIl>s':I/llcnl revisions 10 Drawings. Spl:cifiC:llions and olher doullllclllalion resllhing Ihcrcfrom. 3.3.5 Providing conSllllallon concerning repla('eJ1lCnl of WOI k d;un;lged by I1re: or olher calise dllrhlli conslfllelloll, and fur. nlshlng services requlrcd In C:Ol1lleCllolI wilh Ihe n:placcJ1lcnl of such Work. 3.3.6 Providing services lIIade necessary hy Ihe dcl:mll of Ihe ConlmclOr, hy major defecls or dclklellclcs In Ihe WOfI, of Ihe COn/raclor, or hy fallllre of performance ()f cllher Ihe ()wllcr or COn/r:aclor ullder Ihe COlllracl for ConslnlC:llon. 3.3.7 Providing services In evahmllng:1I1 eXlellslve 11IIIIII>cr of claims suhmlued hy Ihe COn/raclOr or olhc:r,~ In cOllnc:cllon wllh Ihe Work. 3.3.8 Providing services In conne("llon wilh a pllhllc heming, arhilrallon proceeding or legal proceedlllg exccpl whc:re Ihe Archllccl Is pany Ihere ¡). 3.3.9 Preparing docllmeJ1ls li)r allcrnalc. separale III seqllenllal hlds or providing services In connccllolI willi hlllllhl (, 11<:1(01101. lion or conslnlcllon prior 10 Ihc u)lIIplc:llon of Ihe Cow..rlll:- lion Doclllllenls Phase, 3.4 OPTIONAL ADDITIONAL SERVICES a.4.1 I'ro.ldh.g .1I..11}.le:¡ of-the Owner':: n~¡fhll) l¡t;I;1I1I lIIing Ihe retluiremellls of 11~t!t+. 3.4.2 Providing lìnancial Ii:asihilit y or oilier spnial sllIdit's 3.4.3 Providing planning surveys, :;111; (',,;1111;11 illns III 111111 parallve sllldies of prospeL'livc: shes. --------------- AlA DOCUMENT 0141 . OWNliII·AIICltnliCT A(ilUmMI!NT . 1'()UlIl1mNTIt !D1110N . AlA- . © 1~)1I7 TIlE AMI:IIIC,\N INSTITUTE 01' AIIl:lltT ;CTS, 17 J5 NliW Y()IIK AVENUE, NW. WASIIIN(ìl'ON, ) C, l(HIII(. 8141-1987 4 '-" II II 3.4.4 Providing special surveys, environmel1l:iI Sludics :md slIhmissiolls rcqllired lilr approv:lls of governme:l1Ial .1111 horÍl ics or olhcrs having Jul'ÌsdiClion ovcr Ihc Projecl. 3.4.5 Providing serviœs rcl:ulvc 10 flllure facililic:s, s)'slcms .lIId equipmclJI. 3.4.6 Providing scrvices 10 investigalc exlsling condflions or faeilflies (If 10 make m~lsmed drawings then:o£. 3.4.1 Providing services 10 verify the :Iccllracy of drawings or olhcr in ÜrmatiwI furnlsllt.:d hy Ihe OWIICr. 3.4.8 Provldlllg coordination of conslrucllon performe:d hy scparate cOlllraClors or hy thc Owncr's own forccs :lIId coord!- n.lllon of services reqlllrcd In conneclion wllh conslfllcllon pcrformcd and equiplllclJI supp/lcd hy.lhc Owner. 3.4.& ProvhUnft services In !!flnRt!cllon wllh Ihe worl¡ flfa SUR ¡¡lruCli'lI\ m'IJI"H€r or ¡¡I.:P·1f'1I1: €onliufl1ms rl.:l:,¡ ¡:u:d h)' Ihe , )"'nl.:r 3.4.10 Providing det.liled eSllm.ues of Construcllon Cost. 3.4.11 Providing dctallc:u quamlty surveys or Inventories of m.ucrlal, cC ulpmelll and lahor. 3.4.12 Providing an:llyscs of owning ,lI\d opcratlng COSls. 3.4.13 l'wvldlnH IAt....lnr d..¡;lgH WRd olhlolr ¡¡h'RlI:ar Ic:ru cc:. rt!tluh1!ll for or in c(lnnllctlon ·....lIh thl! £¡;hu:tloR, flros~lrllmenr IJr Influllmlon of nlrn ¡~lrc, furllllihh~81i '11\,1 r<:htl:'l "tl'llpmc:na 3.4.14 Providing services for planning tcnant or rcntal spaces. 3.4.15 Making Invcstlg:llk>ns, Invcntorlcs of materials or equlp- mcnl, or valu:llions and dct:llled :lppmisals of cxlsling f.\dliJles. 3.4.16 Prcparlng a set of re:produclble: record drawings show, hIM slMnllk.u1I changcs In the: Work m:.dc:: during conslflJ(:tlon hased on marked-up prlnls, drawings and other d;lIa furnished hy Ihe COlllraclOr ro Ihe Archilccl. 3.4.17 Providing .Isslstance In Ihc ullllzation of equipment or systems such :IS tesllng, .\ujustlng and h:llanclng, preparation of opcra/lon and m:llmenance manuals, tr:llnlng personnel It)r oper'lllon ;and m:lllllcnance:, and consuha.lon during opcr'lIlon. 3.4.18 Providing scrvlccs aftcr Issuance to the Owner of .hc final Ceflilkatc for paymcm, or In dIe 'Ihsence of a fIn:l! Cer, tllk;lIe lilr P:lymenl. more th:1I1 60 days ;.flcr Ihc dale of Sub- slanljal Completion of the Work. 3.4.1 9 J'rouldlnø f;1iIf"'lellli !If I>ORl>uh'lHlf; for Alhc.;r Ih:an ¡¡r..hl tt!"1UfUl, 6lfllCllllul. I\lIo!Lh:ml~¡ 1 ¡and "IGlilrJc'11 I:nghllu.rlng por Ilon~ of Ih" 1'(' II"CI I'>ro"I·II.:·1 '11i :,¡ 1"111 of I 'I~I" :;O"r"I"1.:1i 3.4.20 J'rovldlng any othe:r services nm olherwlse Indudcd In tl1l:1 Agrce:mcnt or not CIlStont;¡rUy "furnished In ilccord'lnce: with gcncfóllly acccptcd ¡¡rchhectur:¡J pfõlnlce. ARTIC!:E 4 OWNER'S RESPONSIBILITIES 4.1 Thc Owner shall provldc JwU. Informalion reg:lrdlng requircmellls IÜr thc projcCt, Including a program which shall set linllllhe Owner's ohjcclives, schcdule, constraints ami crl- Icrl:I, Including spacc requircments and relationships, /lexi- hilllY, exp:mdahilily, spcdal equipment, systems and sile requiremenls. .""" 4.2 The Owner shall cSlahlish and updale an overall hudg!:1 IÌlr Ihe: Projecl, including Ihc ConslfllCliof) COSI, Ihe Owncr's o,her COSIS and reasonable cOf)I/ngencics rdued to all of Ihese COSls. 4~ 1f-f8'¥+£~~H.-H¥4ö-Åf",,~~4I.w-QWf.j"~U.I+IH+i¡; ~<+- dence Ih:1I financial ílrrangCUu:AI:rh.Jy<:: bcen made 10 fulfill ,he -e-m rcr,. t)blig:t~t:I"1Itrdt:r-t+~>-rc:t.'Mtt.'Mt: 4.4 The Owner shall designalc a rcpreselH;lIlvc alllhorizcd 10 :ICI on Ihe Owner's heha'" wllh rcspccl '0 the Pro/eCl. The Owncr or such :nllh(lrlzed rcpre:senlatlve sh:11I render dcclslons In a Ilmely manncr pcrtainlng 10 dOClllllenls submlllcd by Ihe Archhect In ()f(lcr to avoid unreasonable delay III Ihc orderly and scqucntlal progrcss of Ihc Archltccl's servlccs. .~~hc~"a-~-n~m~r~~y.r~~~~~_r~~ characlcrlstlcs, legal 11m hat Ions and 1ll1Ii1)' locations forj.h(~'S¡1C of the Project, and a wrlllen legal description of I 41c. The surveys and legal Information shall indlld' :IS appllC:lhle, gr:ldes and IIne:s of slrects, alleys, pav' CllIs and ad olnllll\ property and slruclurcs; adjaœn r:lin'lge; righIS'Or-way, restrictiOns, C'Jsc:mems, encro' mCnls, zoning, decd rcslril:- tlons, boundaries and C( urs of Ihc shc; locations, dlmcn- slons and necessar a pert:llnlng 10 existing huildlngs, OIlier Improvements trecs; and inl(lrm:lllon conccfJ)ln!! avallahlc utllhy 5er sand IIncs, both public ;and pclvale, ,Ihove :lIId bcJo rade, Including Invcrts and dcpths. Alllhc In(orlll:IIJon ~~~~~~~~~~H.~~~~~~~~~~~~H~~ 4.~~h~~~M~~~~ft~~~~~~k~~~~~k€~~~~ ncers when such se:rvlccs arc rcqilcstcd hy Ihe A . ·rc"CI.Sw'h se:rvlces may Include hut are not /lmllc est horings, leSI pits, determlnmlons of soil hc' values, pen:ol:lllon lesls, CV:llu31lons of haZ:lrdm . crlals, ground corrosion and resls. tlvlty lests, Ingud necessary opcratlons (or "'\lI<:Ip:1I11I1( suh- sol~dlríÕÍ1s, whh repoflS :lIId 'Ipproprl'lle pmlCssio!lal t'éée~W::f\tJafieA!P: 4.6.1 The Owner shall furnish Ihc services of olher consul. 1:II1IS when snch scrvlces arc rcason;lhly required hy Ihe scopc of Ihe Pro/ecl and arc rcC ueslcd by the ArchileCl. 4.7 The Owncr sh:lll ñlrnlsh slrllclural, mechanlc:ll, chcmlcal, air and w:lIer polhulon tesls, Icsts It)r h:l:t.:Irdolls malerlals, and olhcr 1:lhoralOry :Ind cnvironmenlal lesls, Inspecllons and rcporlS rcqulred hy law or the Contract 1>0cumelllS. 4.8 The Owner shall furnish all legal, accllllllling and Insurance counseling scrvlces as may he necessary at :IIIY Ihuc 'Ùr Ihe Pro ccl, Including andhlng scrvlces Ihe Owncr may rcqllirc III verify Ihe: Conlmclo..'s Appllc'"lon:l Ii).. I'aymcnlo" 10 w¡ccrwln how or for whal purposes the Conlr:lCIOr h:ls IIsed Ihe IlIlIncy p:lid by or on be:h:llf of Ihe Owncr. 4.9 The services, In(ormatlon, surveys and reports re'l"lred hy Paragraphs 4.5 Ihrough 4./J shall he fumlshed al Ihe ()wnt:r's expense, :lI1d thc Archhcct shall be clllillcd III rdy IIpOIl Ihe .Iccuracy .uHI compleleness Ihereof. 4.10 Prompl wrlllcn nOlicc shall be given h)' Ihc Own"r 10 III<: Archltecl If Ihe OWller bccomes awarc of :,ny falllt or dekCl ;n Ihe ProJCCI or nonconformance with Ihe (:onlract I )Octlllwnls. 4.11 The proposed langllage of certllk:IICS IIr cCflllkallnllS rcqucsled of Ihe Archhecl IIr Archhe:n's conslIll:IIIIS shall hI: sllhmllled 10 ¡he: Archilecl for review and approval :11 !cast H days prior to cxccullolI. The Owner shalllHlI requesl cnlilka. IlolIS IJ¡.U would require Iwowlcdge or services hq'olul Ihe scope (If Ihis Agreelllelll. 5 B141-1987 AlA DOCUMENT 8141· OWNIiII·AIICIIITI!CT A(;IIIiEMENT. HIIIIITHNTIII! )fI (IN. AlA'" . ("1'1/11 1111, AMEII1CAN IN:iTI11JTE (>I' AI(CIIITliCTS, 17.iS NEW \"IIUK AVENllli, N W, WAS/liNt;" ( IN,II C: !UUII(, ~ I 'hRTICLE 5 -- CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The COJJ:ilfucljon COSI shall he Ihe (()Ial cost or estl- m:lled coSl1O Ihe (hvner of ;111 clemel1ls oflhe Project designed or specified by Ihc ArchÌlect. 5.1.2 The Conslruction COSI sl1:1I1 include Ihe COSI al current 'lJó,rkel rales of 1:lhor :lIId materl:d:; furnished hy Ihe Owner .lIId e< ulpmenl desl~ned, specified, sdecled or specially provided for hy Ihc Archilecl, plus a reasonahle :¡lIowanec 'Ür Ihe Con- 'f:Klllr's overhead ;lIId prolìl. In addi/ion, ;1 reasonahle allow- :&/Ice lilr conlingencies shall hc Included for markcl condilions :11 Ihe time of hldding and for changC:S in Ihe Work during constmct on. 5.1.3 Conslrucllon COSI docs not Include the compensation of Ihe Archilect :I/Ill Archltcct'S consult:lIlIS, the costs of Ihe land, rlghts·of-way, IIn:II1c1l1g or olher COSIS which are the respon- sihllily of the Owner :L~ provided in Artide 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary cSlim;lIes of Construction Cost and detailed estimates of Con- stru('( on Cost, if any, prep:lCed by the Archi/ect, represcnt the Archilect's hest judgment as a Jesign professlon;1I famili:¡r with the construction Industry. It Is recognized, however, that net- Ihcr the ArchlteCl nor the Owner h:18 control over the cost of I:lhor, m:llerials or equipment, over the Contractor's methods of determining hid prices, or over competi/ive hiddlng, market or neRoti:Ili/11( conditions. Accordingly, the Archi/ect c:lOnot :,nd docs not warrant or represelU Ih:1I bids or negOlI:lled prices wUl not vary from the Owner's Project budget or from any esthn:lle of ConslCllclion Cost or evaluation prepared or agreed 10 hy Ihe Archilect. 5.2.2 No lìxed limit of Constl1lctlon Cost shall he eSlablished ;¡S a <:ondltlon of this Aweement by ,he furnishing, propos'll or t:St:d>lIsll/nent ot' ;¡ Project budget, unless such Ilxed limit has heen agreed upon In wri/lng and signed by the parties herc ( . If such a fixed limit has been estahllsllt:d, the Alchi/ecl sh:1I1 he permitted 10 include conllngendes for design, bidding and price escllatlon, to de'ermine whatl1l:/lerials, cqulpment, com- ponelll systems and types of construction are to he included in Ihc Contract Documents, to make reasonable adjustments in Ihe scope of the Project and to Include in the ConlraCt Docu- ments ahern:lle hids 10 adjust the Construction Cost to Ihe fixed IInlll. llxed IImlls, it' any, sh;¡1I he IncreaseJ In the amount of an incrcase in Ihe Contract Sum occurring after execullon of the CO/llract for Construction. 5.2.3 If the BIdding or Negotiation Phase has nOl commenced within 9() Jays after Ihe Architect submits the Constmctlon Documents 10 the Owner, any Project budget or fixed Ihnl' of Conslructlon Cost shall he :Idjusled to rellect changes In Ihe generallevclof pllces In the cOllslrucllon IlIduslry bel ween Ihe d:/le 01' suhmisslon of the Construction Documents 10 the Owner :IOU the date on which proposals are sought. 5.2.4 If a fixed limit of Construe,lon Cost (adjusted as pro- vided In Suhparagraph 5.2.3) Is exceeded by the lowest hona fide bid or negotÌ:lted proposal, Ihe Owner shall: .1 give written approval of :111 increase In such fixed limit¡ .2 aUlhori:a; rebidding or rencgOli:lling of Ihe I'rojecl wilhin a re:l8onable time¡ ..., .3 if Ihe Project is ahandoned, lerminale in accordancc with Paragraph 8.,3; or .4 cooper:lle In revising Ihe I'rojecl scopc and qualily as required to reducc Ihe Conslruclion Cost. 5.2.5 If the Owner chooscs 10 procced under Clause '>.2.1.1, the Arch/lect, wilhout addilional charge, shall modify Ihc Con- tract Documents as necessary 10 comply wilh Ihc lixed 11m II if established as a condition 01' Ihls Agreement. The l1IodilìC:III;1I1 of Comract Documents sh:11i he the limit 01' the Archilecl'S rcsponslh J ly arising out of Ihe eS':lhlishmelll of a lìxed 11m!/. The Architect shall be en III led /0 c.:ompellsal/oll III an'ordallce wilh ,his ARreemel1l for all services perli )fined Whelher or 110' Ihe COlls'rucllolI Phase is l'IlIll/llell(·ed. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICA TIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specilìc:Ulons :lI1d other donl/llenls pre- pared by the Archilect for Ih/s Projcct ;In: Instfll/llenlS of Ihe Architect's service for use solely wilh res peel 10 Ihis Projeel and, unless olherwisc provkleJ, Ihe Archl ¡:n shall he deemed thc :¡uthor of these documenls :lI1d shall relain all COll1mon law, st;lIutory and other reserved rights, includlllg ,he coprright. The Owner shall he permitted 10 ret:lin copies, inclllding rcpro- duclble copies, of Ihe Architect's [)r;¡wlllgs, SpeciHcallolls and Other docllmems for information· anJ rderence III connec!ion with the Owner's use ;/lul occupancy of the Project. The Archi- tect's Drawings, Spccll1caUons or other clocllmelllS sh:11I IIlIt he: used hy the Owner or OIhers on o'her pro eclS, li)r mldllioll/' 10 Ihls Pru f!et sr for €fHllt1 ¡!/lon of Ihi/' ProJ¡,¡ct hy oth¡,¡rt>, unless the: Architect 15 adjudged to he In defalllt IInder 'his Agreell1elll, except by agrecmel1l In wriling and with appropri:lle compen- sation 10 Ihc Architect. 6.2 Submission or disll'lhlllion IIf dll(, IIIICIIIS 10 meel of/klal rcgul:llory requlremellts or ",r similar purposes ill COll/lec!ion with the: Pro ec,ls nOI to he conslrued as puhlicationln deroga- tion of the Architect's reserved rigllls. ARTICLE 7 .AßBJ]"BAIJON DI SPUTES (fëfiation shall amœoce before adjudication) 1.1 Claims, disputes or OIher 1lI:lIIcrs in qllesllon hel ween the parties to this Agrecment :lllslllg Ollt of or rcl;lIlng 10 Ihls Agree- ment or breach thereof shall he suhject 10 alld decided hy 1H'/-¡.j_ tftlH6&-lA-IIeeafåtiflee-:,wi11 Hhc COII.:!II.1t: I imt-trtdt1:ttry-1'tt-litt icl- ¡~~dr~cß;~t~~;~;;~~:~:~~~itEfFffi. or 7;2 - Bc:rltlnd-för:l/i )Ílr:1I iutl-:sh:IU- he-filcd· ¡ 1i-~Y1'jtjH~i~ OIher party /() this Agreelllelll and wilh 'I\(: ^nl~I/Tí\fhilra- tlon Association. A demand for ;lIhltrall(~J.t:/If1)e m:ldc within a re:tSonahle ,Ime ;¡lier the clail 1!f¡1ílle or olher mailer ill <jues'lon has arisen. In Il(' ,shall Ihe clell1alld ")r arhltr:lllon be made after I ,Ie when hlSljllltlon of kgat or cl lIll:lhle procee ased on such claim, dispulc or olher lIIaUer in ( IÌðrl-wtltlld-f)C- h:II'l'ed-hy-iII~~ jt:lllil~lttk Ill'&tl~ÌlHjltll jHti/;. '1.3~¡:b¡t¡; t~~Q~I~~lali¡;¡ t-'~lli¡;....At\~~1 - shull·lflelutle¡-l-)y-etm:!t ,litlllt jtlltdtlhtd~tHtHllty-i-f1 kt!H llil/lllm, a'1-:IdJlt¡OQ;¡Lp4:~~n¡ilY-"HfI~1+y-ht-t111:t '\/11 eelll<:'ttl, , AlA DOCUMENT 8141 . OWNER-ARCIIITECT AGREEMENT. FOURTEENTII EOI' ' ON. AlAe. ©19H7 TilE AMEIIICAN INSTITUTE O l ARClIITECTS, 17.15 NEW YORK AVENUE, NW., WASIIIN(iTON, n.L 21HJü6 8141-1987 6 '-' II I . lid . T ~ ~ II::t:J!1 ») ..l1l1l::n <:IJnj III I::m.I,lIlIlIg .1 J H;<::¡ 1<: ¡., <:.<:I.a: J:'> Illis Agreemelll signed by Ihe Owner, Archilecl, and an her pt:fson or elllit y sOllghl 10 he joined. Consent 10' )ltrallon involving an addltion;11 person or ellllly shal 01 conslilllle consenl 10 ;Irhilr:lllon of any claim, displll' r olher mailer In queslion nol descrlhed in Ihc wriuen' sent or wilh a person or enllly nol named or descrihed rdn. The foregoing agree- melll 10 arhitr:lle :md olher' reemel1ls 10 arhilrale with an :llldillon:11 person or elUi ( uly consellled 10 hy (he p;¡rlies 10 Ihis Agreemel1l shall specílìcally enfon:e;lhle In accordance wllh appllcahlv' ill :my cOlin having /urlsdicllon I hereof. 1.4 , 11~~1 rendered by Ihe ;ubllr:..or or arbllralors sh;11I be (In?,.ljudglllem lIIay he emered IIpon II In accord;H~ce wllh H'I,U"",..I,J"" lilt"' ... <101", """.IlL..! 1,.....~..ö \.II¡..n.J;""~~,"",, ~J''''''''''ILIL AR!~CLE 8 TERMINA TION, SUSPENSION OR ABANDONMENT 8.1 This Aweelllenl m;IY he Ie::rmln:ued by ellher parly IIpon 1101 less Ih;m seven days' wrlllen no lice shollld Ihe OIher parly fall sllbsl;mllally 10 perfor~\ In accordance wilh Ihe:: lerms of Ihis Agreemcnt lIuullgh 110 1;11111 of Ihe pan)' Initialing Ihe lennln:ulon. 8.2 If thc Pmlcct Is sllspended by Ihe Owner for more Ih:1I\ 30 consecllllve:: days, Ihc Architect shall be compensaled li)r ser- vk:es perlill1l1cd prior 10 nOlice of such suspcnslon. When Ihe I'rojecl 15 resumed, Ihe Architect's compensallon sh;1I1 be:: eC ul- t;lbly adjusted ) provide lor e::xpense::s Incurred In Ihe Inlerrup- lion ;md rcsumplion of Ihe:: Archilecl'S services. 8.3 This Agreement may be lerrnln;lIed hy Ihe Owner upon not less Ihan scven days' wrll/en 1I00Ice to Ihe ArchUect In Ihe even! Ihal Ihe Pro/ect Is permanently ahandoned. If Ihc Projecl Is ahandoncd by Ihe Owner for morc Ihan 90 conseclIIlve days, Ihc Archilccl may Icrmlll;lIe ¡his Agrecmelll hy giving wrillen nOlice. 8.4 Fallurc of Ihe Owner 10 make payments 10 Ihe Archllecl In :Icconlance wllh Ihls Agrcemcnt shall be considered sllbslantlal nonperljlrmallce and e;lUse for lel1l1ln:lllon. 8.5 If Ihc Owner f:llls 10 make payment whcn dllc Ihe Archl- leCI for services alld expenscs, thc Archile::CI may, upon seven days' wrlllen nOlice 10 Ihe Owner, suspend perl()f l1anCe o( ser- vices under Ihis Agrcemcnl. Unless paymcnt In full Is received hy Ihe Af(:hUecl wUhin seven days of Ihe dale of Ihe:: lIotlce, Ihc sllspensloll sh;llIlal.e eHecl without fUflher notice. In Ihe event of a suspension of services, Ihe An:hUect shall h:tvc no lIahlllly 10 Ihe Owncr li)r delay or damage caused thc Owner hecause of such suspension of services. * &;6-In-th~1 of u:rml../ulon mil tht!-+.ttttt of th~ ...Z't, Ihc ArchUect sh;1I1 he compensaled for scrvlces pcrli)rlU prior 10 lermlllallon, togelher with Uclmhursahlc Ex~ Ihen due alld all Termln;uioll Expenses :IS deHne )aragraph H.7, 8.1 Termlnallon Expenses:lr addU Ion 10 compe::nsallon for II;L~le ;lI1d AddUlollal Se' es, :lnd Include cxpenscs which arc dlreclly allrlhlll:ll ) lermln;ulon. Termlllallon Expenscs sh:lll he COIII >U' as a perccntage of the 10lal compe::ns:lllon for II;L~i' . rviccs and Addilional Servlccs earned 10 Ihe Ilmc of ler- 11,111011, 11,1 follHW:t; .1 Tvv/::llt} 1'/::.......1 "k" 11.(. 1,,1..1 ..~ and AddÍlional Services ~l-¡..r-cl:Trëïrlennlnallon occurs I~!¡n;_m..tfnrm¡filic predesigll, site analysis, or ; (I~tic-H~ign--I~I ¡I~'!r,-t}f ..., Additional Services earned 10 dale jf.JJ;f n;lIlou (~ccurs during Ihe Design I~JL~I Phase; or .3 "Ive perccnt of 1111:-tt1T:ifcompens:llilln for Basic alld A<ldh~l:l~es earned 10 dale if lellnlll;lIilln ()~ I:!lIrinl; 1111) iJUhJL'll,(,..¡ IA,."'.... ART1Ç!:E 9 MISCELLANEOUS PROVISIONS 9.1 Unless othcrwlse provldcd, this AgfCemellt shall he !IIIV- ~:;~~:.e~r.II~'lIåf '~'Šf.äië].i8öridá'- k'~ ·S~ 11e m S. UK:le aun;y, - landa. 9.2 Terms In Ihls Agreement shall have Ihc same meaning as Ihose In AlA f)oculllem A20 I, Gcner;1I Condillons 01 tile Con- IraCI (or Conslnlcllon, currem as of Ihc date of this Agreelllenl. I . perl:llning to aCls or failures 10 act shall hc dee )~ II have accrued and Ihe:: õlppllC:lblc St;lIlIIes of Imlr:TTJ(;;\s shall COlli- mence to run nOI later Ih;1II eltl . datc of Suhsl:lnllal COlli- plellon for aCIS or falh ., aCI occurring prior 10 5ul>sl:lIlIlal Completion, 0 dale of Issuance o( IIIe lìnal CCI1i1kale '(Ir Paym r aCls or 1:lilures 10 aCI occurring afler Substantial other and agalnsl thc contractors, consuhanls, employees of Ihe olher for d:lmagcs, but onl Ie eXlenl cov- ered by properly Insurancc durin 1!"IICllolI, exccpl such rlghls as Ihey may havc 10 III )ceeds of such Insurance as sel forlh In the ecJillon o£.A ocumem A20 I, Gencr;.1 (;ondillons of Ihe COnl~~:onslruCt on, curreni as of Ihe dale of Ihls Agree ~Thc Owncr :Ind Archileel each shall require sitnilar 9.5 The Owner and Architect, respeCllvcl)', hind Ihcmsclvcs, Ihelr panners. successors, assigns and lega' represelHalivcs III Ihe olher p:lny 10 Ihis Agre::elllent ;lI1d II) Ihe parlners, succes- sors, :Isslgns and Icgal represel\l;lIlves of such olher pany wllh rcspecl 10 all covcn;lIlIS of Ihls Agreement. Nehher OWller nor Architect shall assign Ihls Agreelllelll Wllhoul Ihe wril/ell COli- Senl o( Ihe OIher. 9.6 This Agreemem represents Ihe cmire and Integrated :Igree. menl hetween Ihe Owner alld Af(:hhcCI :HId supersedes ;liI prior neg() ';lIlons, reprcscnlalions or a¡¡reemelllS, dlhcr wrll- ten or oml. This Agreemem may he amended only I>y wrlllen instrument signed hy hOlh Owncr and Archi ecl. 9.1 NOIhlng contained In this Agreemcnl shall crcalc a conlrac. lIIal relationship will! or a causc of aelloll III 1:1\'01' of a thin I põll1y agalnsl c:llher Ihe Owner or An:hileCl_ 9.8 Unless OIherwlsc provided Inlhls Agn:enu:III, Ihe Archil.....1 :lIld Archllect's cOllsuhants shall have 110 respollsihilil)' Ii... Ih" discovery, presell(:c, handling, removal or disposal oJ or c>l"o- sure of persons to hazardolls 1II:lIerlals in ;my ti>..m al Ihe I'I<I ,...I slle, Including bill nOI IImiled 10 asllestos, :L~heSIOS prod. 111:;, polychlorinaled hlphenyl (l'eB) or oIlier loxlc slIhslalln:s. 9.9 The ArchlleCl shall have Ihc rlghl II) Include n:prcsCllIa. lions of Ihe design of Ihe ProjeCl, Including pholOgraphs IIllhe eXlerlor and ¡merlor, ;Imong Ihe An:hUect"s prolllolltlllal alld professional 1lI;lIerials. The An:hitecl's materbls shail 1\1)1 include:: Ihe Owner's conlìdcntial or pmpriclary 111101111:1111111 il Ihc Owner has previously advised Iht: Archiln1 III wdlillg III I 7 8141-1987 * See Exhibit "A" AlA DOCUMENT B141 . OwNlm·...uCIIITI!CT Mìlll:I!MI!NT . l'OIJlln:J:NTI/ 1¡ )lnON . A'A" . 1"1)1)111 nil: "'MI!UIC"'N IN:;nTlITI! 01' "'UCI/ITI!CTS, 17.1~ NI!W YOUK AVHII E, NW., W"':; IIN'dÜN, II C ~ IIIII. -. \wi I II Ihe speci/ìc informal ion considered by the Owner 10 he con/ì- dentia! or propriclary. The Owner shall provide professional credit Iilr the Archilcct on the constntclion sign ¡and in Ihe pro- mOlionalmalerials filr Ihe Projecl. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 I>lrecl Personnel Expense Is del1ned as Ihe direCI salaries of Ihe Architecl's personnel engageLl on Ihe Pro/ecl and Ihe pOl'llon of Ihe eosl of Ihelr mand:llory ;I/ul cuslomary con- Irlhutions ;md henel1ls relaled thereto', such as emn oYlllent laxes and OIher- st;lIulOry employee henel1ls, Insurance, sick leave, holidays, vacations, pensions and similar contributions and hene/ìls. *" 10.2 REIMBURSABLE EXPENSES lion for B:lslc :lIId Addilion:11 Services and Include expc es Incurred hy Ihe Archilect :lUd Archhect's employees:an con- sull:l/lIs in Ihe imereSI of Ihe Projecl, ;IS idenllfied In Ih follow- ing Clauses. 10.2.1.1 Expense of transporl:lllon In conn lion wilh the Project; expenses In eOllnecllun wllh mllhe zed <>I1I.of-lOwn Imvel; long-dlst:ance communlcallons¡ an . ees p:lld for secur- Ing approv;¡ of aUlhorlties having jurlsc lion over Ihe Project. 10.2.1.2 Expense of repro(h (:lion , poslage and handling of I )rawings, Specilìc:llions and 011 r documents. 10.2.1.3 If aUlhorized In:\( :mce by the Owner, expense of ovcnillle wurk requlrin 4 gher Ih:m regular rale:s, 10.2.1.4 Expense of r del'lngs, modds :Ind mock-ups requesled hy Ihe OWller. 10.2.1.5 Expe se of addltion:.1 insurance coverage or limhs, Including P' I<:sslon:11 liahHlt y Insurance, requeste:d hy Ihc Owner in xcess of Ihal norm:llly carried hy Ihe Architect :lIld ArdlÎle s cOllsultams. Expense of compulCr-;llded de:slgn :lI1d drafllng -- -- """" 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An inllial paymcnt as set forth in Paragraph 11.1 is (hc minimum payment under (his Agrcemenl. 10.3.2 Suhsequcnt paymenls for Basic Services shall he made monlhly and, where appllcahle, shall be ill proporlloll 10 Ser- vices performed wilhin each phase of service, Oil Ihe basis sel forth in Suhpar:lgraph 11.2.2. 10.3.3 If and 10 Ihe extelll that Ihe tillle initially estahlished In SlIhpar:tgraph 11.5.1 of this Agreement is excceded or extended through no falllr of the Architect, cOlllpensa on 1(lr ;IIIY ser- vices rendered during Ihe addlrional"' )t!/iod of lillle shall he compule:d in Ihe: manner set 'iwh In Suhparagraph 11.3.2. 10.3.4 When compensallon Is b:lsed on a perccnlage of COII- s!rh'ctlon COSt :ind any pouiðns of the ProJecl arc ddeled or otherwise not constructed, compensation li)r (hose pOlliolls of Ihe Pro/ecl sh:1I1 be payable to the extent services arc per- formed on those porlions, in accordance with the schedule sel forth In Subpar:lgraph 11.2.2, hascd on (I) (he iowest bona tìde bid or negollared propos:II, or (2) if no such bid or proposal b received, the most rece:m preliminary estimate of Construelloll COSI or delailed estim:lle of Conslructlon Cost 1(lr such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of Ihe Archilect's Addilloll:1I Services and for Hcimbursablc: ·I:¡c;penses sll:lll he made lI10nlhfy upon presematlon of the ArchitcÒ's st;lIemcnt of services rell- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall he m:.de fromlhe Archilecl's COlli- pens:ulon on account of penalty, liquidated dalllages or other silins wllhhc:ld fronl paymenls to contr:lclors, or on OICCOIllII of Ihe: COSI of changes in Ihe Work olher Ihan those for which Ihe Architect has been found 10 be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Hecords of Rcll1Ihursahle I:xpenses OIlId expenses per. taining 10 Addllional St:rvict:s :lI1d services per (>CIlled 011 Ihe hasls of 01 muhlplc of nlrcel Personllel Expense IihOlIl he OIvall. ahle 10 Ihe Owner or the:: OWllcr's :Ullhorj;œd reprclielllatlve OIl mlltllally conve::nlent times. ARTICLE 11 BASIS OF COMPENSATION The Owner sh:11I compe:nsate:: Ihe ArchileC'1 as follows: 11.1 AN INlllAL PAYMENT of zero l)oilars(S 0.00 shall he made upon execUllon of this Agrcement :lIld credlled I() the Owncr's account al I1nal pa>'l"CIII. 11.2 BASIC COMPENSATION 11.2.1 ¡oon BASIC SEnVICES, as descrlhed in Article 2, and any olher services inclllded in Art icle 12 as pari C If Basic: Snvh .("~, 11;lsi,' Compensation shall he compllled as follows: (111.\('''' JtI.'ìi~ of f( III/J('IlStlliUII, ¡"dllt/ill8 sti/JlI/tllt:tI !illms. ,,",11'1"(1$ or /J(!rÜ"llftlJW.<í, tlIII' itlC:UliJ}1 /Jban's III ",bid' /1t,,.Unl/ur mc/bw/, I~I ("IIIlwII'iilllfm "1'1'1", ,/ 'U'(-'·.\Stll)'.) The Architect's Basic compensation, (excluding compensation for services, if any, in Articles 11.3.1 & 11.3.2), shall be a stipulated sum of $ 192,643.00. This sum includes expenses listed in Article 10.2.1 on the attached EXHIBIT "A". '. AlA DOCUMENT 8141 . OWNI; (·AIICIIITECT AGlllmMF.NT. I'OIII!TEENTJI EDITION· AlA- . ©19tl7 TIlE AMElUCAN INSTITtlTE 01' AIIClIITECH, I7Y) NEW YOIIK AVENIŒ, N.W, WASIIINGTON, o.c. 2(K)()ó * SEE EXHIBIT ·A·. 8141-1987 8 - -- ..........,. ~ ....., I III 11.2.2 Where compcnsaljon is h:lsed on a slipulalcd SUI1I or percenlage of CoustnJctlou Cost, progress paymcnts IiiI' Basic ~nvkes In cach phase shall (()Ial Ihe following pcrccrJlages of Ihe lotal Basic Compens:lliou payahle: (/11.\1""1 wl,litilllm! I)/law., '" tll'/J ""I),.Ùtll!.) Invoicing will be based on the following percentages of the stipulated sum of $ 192,643.00. Schematic Design Ph:L~e: Design Ikvdopmenl Phase: Coustrul'llou I )oClIl1IenlS Phase; IIIddlug or Negol lallon Phase: COIl:ilrucllon I'h:l:;c: .-._-..... ..--.'- -. ..-..-....----...--.- -- .-. "_4".___,~_ pacenl (25 %) $ percenl (15 %) $ pcrcenl (40 %) $ pcn:CI1I (O~.~!S.) $ __._.p=-~~en~n~ %} $ one hundred per<:em (100%) $ .-..,:. -J. 48,160.75 28,896.45 77,057.20 9,632.15 28,896.45 192,643.00 to be invoiced in three parts Total Basic Compcns:lllon: -, 11.3 COMPENSA TION FOR ADDITIONAL SERVICES 11.3.1 Ion I'nOJECT IU!PIŒSENTATION BEYOND BASIC SEnVICES, :IS described In Paragraph 3.2, compensalloll :;hall he COIII- pUled :IS follows: Principals: Gregory D. Edlund, Paul U. Dritenbas & John F. Binkley Technical level One CADD Operaters, Intern Architects & Field Inspectors Clerical, Administration, Accounting $ 110.00 $ 75.00 $ 38.00 per hr. per hr. per hr. 11.3.2 I'OH ADDITIONAL SmtvlCES OF Till! ARCIIITECT, :IS descrlhed In Arllcles 3 and 12, OIher Ih:1II (I) Addltlon:.1 Pro/eel Hepre:;cnl:uloll, ;IS descrlhed In 1':lr:lgraph 3.2, and (2) services Induded In Article 12 as part of Addltiollal Servl<:es, hili exdlldlng ser. vice:! of consllltant:!, compensation shall he compuled as I()!lows: (1II!Wrl '",-"Is (!l nm'l,u"sl,I/uII. /11"'"111"14 I'IIleJ ""dltll' ",II¡IIp/u$ of O/r"c.'1 l~o"s(J""u/ I!Y/)('IIStJ .for l~rJ"c'pa/s (IIJd (!''' Jlt~) ''(J.f. 'II"lltlC!IIIIJ.v J'rÙu·'pt,'s t'IItl "JiI.'i.'iifv ''''I)/IJI''''S, ij '·I!'III;"I!,I. 1,1"11/1/1' sjJlKijïc SI//' 'ictJs It, ",/>jIb 11lIrt;clllar "'I!/buas "I "u"'pellmli"/I tljJjJ~V, if /ll!ee.s",)') . Same as 11.3.1. 11.3.3 ¡:on ADDITIONAL SEHVICES OF CONSUI.TANTS, Including addlllonal stl1.lclurai, mech:lnlcal and electrical englnt'crlnH services :lIId Ihose provided under Suhp:tr:lgraph 3.4.19 or Identitìcd In Article 12 ;IS parr of Addltlon:.1 Services, a lIIuhlpJc of one Dint zero five (1.05) limes the :illlounls billed 10 Ihe Archllect for such services. (/t/''''/l/l's/J/!äji.· 01"" 'if "''''Sltltm"s i/l A.-lIde /2, if rL'II,ti"l!tI) 11.4 REIMBURSABLE EXPENSES (Included in the stipulated sum.) 11.4.1 ..on m:IMUtln:;AIII.E I~XI'I;"U,¡ :S, itS deserlhed in PAFA8fr.lph IU :.z, an~~lWmM IIp'lud'''' 1'1 .. 1'11"1<.: P ... ""I",h\'f~'II'I" IìXpYBl>lIS, ¡¡ lUuhiplu of ( ) 11,",,& Ihlol tlXp~B!ie& im:urn:d hr IhY} IThl'¡':CI, 1111; ""rdlll"II'!'/; "lUplupa:s and eonl>ull:1I1Is In IIIG Inllm;st of Ihl: I'mjl:ct 11.5 ADDITIONAL PROVISIONS 11.5.1 111 TilE BASIC SEnVICES covered hy Ihls Agreement have nOl heen completed wllhin twenty ( 20 ) lIIolllhs of the date hereof, Ihrough no fault of Ihe Archilecl, extension of Ihe Archileu's services he yond Ihallillle shall he compensaled as provided In Suhp:lragraphs 10.3.3 and 11.3.2. 11.5.2 Paymenls arc due and payable thi rty ( 30 ) days from lite dale of Ihe Archilect's i!\Voice. Amuunts unpaid () days after Ihc Invoice «ale shall bear ÎlJlerest allhe rale enlercd hdow, or in (he ahsence Ihcreof at Ihe legal r:lle prevailing from lime to time at the principal placc of husiness of Ihe ArchileCI. (III<I!,·I mIl! "f I/I/I!I'I!SI "grl!l!d ""Oil.) Payments shall be made in accordance wi th the Flori da Prompt Payment Act. (I'-'wry IlU"S 'IIJtI "l!illl¡n:¡IWIII.'i ""tlcr Ihf! /'"c.-ficnd 1'rulh III Lelltllllg ACI, sl",I/( ,. stille tllulluCtll COPJSlllller ,"',,·clitlllw.ç /llItI O¡/.If/I' n:M"lflliuIIs (It th(! (JU'IWt· ',Í ""41 o.lId" It'fl's ",.illd/JilI pltlÙ"!; oj bU1;lIen. Ihe /()ültiol, 0./ Ibe IJrojcct and ~/sfJll'hert! IIJt~)' "JJL'CIIJ.4.' t1lllit/ily of Ibis pnJ,'isit",. ~ìJ(JLiJÎf /('¡':td "tt"Ùt: jboultll &: oblt'¡'h'cl ".Ith n'.,peel /u tlf·/...·lions 0,. mOtJi}'ù'{ 1ilJIIS, tille' ,,/.~O rt!MtlnJill8 rc://ui,.l/mellls such "S IV,.;II.:" diSt:/osures ur "'''¡tlers.) 9 8141-1987 AlA DOCUMENT 8141' OWNER·ARC(IITI:CT A(;III:EMIiNT' FOUIITEENTII EDITION. A A~ . Q:)1'J/l7 TilE ^~II;IIICAN INSTllllTE 01' AIIClIITECTS, 17.\5 NI:W YOIIK AVENllli, NW, WASIIIN(;T!)N, I) c. L H'O', .. '-'-' ...., II 11.5.3 The r:Ues and rnul1lplc:s set rorth for Additional Services shall be annually adjusted In accordance with normal salary rcvlew p~acl1ccs or thc Architect. No salary or hourly rates stipulated will change for the 20 months stipulated in Article I 1. 5. 1. ARTICLE 12 OTHER CONDITIONSOA SERVICES , . {llIu"1 døscr/ 1I1() s (If (lib., se"vlc.s, It/"IIIlfy Ad~f/ lullt~1 Søn1lclls ~'~d"du(/ 'III/bill /Jas/e eo"'IJflIISaIIUl! alld ""'dlfleallolls lu lb. pay",uIII alld COlllpt1lUalloll l.nllS IlIclud.d ill Ibis AIl"'!"III/1I11,) , 12.).) 12.1.2 12.1.3 12.1.4 12.1.5 12.1.6 Payments due the Architect under this agreement shall be in accordance with the Florida Prompt Payment Act. All promotional material on the above project, shall display the name of the Architect. The Owner agrees to allow the Architect access to the project after comple- tion for the purpose of photographing the exterior. The photo opportunity shall be scheduled at a convenient time for all parties. The Owner further- more herein agrees to allow the Architect to prepare presentation drawings and to submit these drawings, along with selected photographs, for publica- tion an~/or awards. programs. The Architect shall maintain Workers Compensation and Employer's Liability Insurance in conformance with state law. In addition, the Architect shall maintain Professional Liability Insurance with limits of $ 1,000,000.00. A Certificate of Insurance is attached to this· Agreement evidencing such coverage. The Architect ~hall insure that any of it's sub-consultants main- tain comparable insurance coverage. Cost of Insurance.cov,rage is included in our quoted f~es. surance of increased limits of liability are available upon for an additional charge. Additional in-· written request In the event either party, Owner or Architect, makes a claim against the other at law or otherwise, for any alleged error, omission, or other act arising out of the performance of professional seryices, and fails to prove such claim, the losing party shall pay all reasonable attorney's fees. 8141-1987 10 '-'" ...., II 12.1.7 The Architect shall be compensated 7.0% of the construction cost of any added project facilities or improvements above and beyond those items listed in the Scope of Work dated 12 November 1999, and herewith made a part of this agreement. 12.1.8 The Architect shall provide Programming Requirements for the Project. The fee for this service is included in the stipulated sum compensation per Article 11.2.1. 12.2.0 The Owner will pay for any new or unforseen impact fees, or agency fees which are not stipulated as inclusive in the Architect's stipulated fee and as listed within EXHIBIT "A". 12.2.1 The Architect's fee reflects the design of the project as defined in the Scope of Work dated 12 November 1999, with the understanding that, as additional funding becomes available, the Architect and Owner will negotiate a fee in accordance with Article 12.1.7, for the expanded faci li ti es. Approved as to Form and Correctness: Attest: County Attorney Deputy Cl erk This Aareemem entered Imo as of the day and year first written above:. OWNER St. Luci e County Board of County Commissioners Zk~ ¡(.fI81/a/llre) ~ T//~RÆ /11 . (Slglla/llre) (Pn'II/ed IIamB alld IIfle) 1ÁJt... tI- j)~ß.47. P¡¿))J(J/P4¿ A/ðI/7Z£T (l'rl1//ed lIamB (l1/(( /iflu) , I I AlA DOCUMEtlT 8141 . OW/'U!R-ARCIIlTECT AGRI!EMI!NT. FOURTI!I!NTIII!D/TION' AI.... . C>1981 TIIB AMERICAN INSTITUTE Of ARCIIITECTS, In 5 NEW YORK A VENUI!, N.W., W ASIIIN(jTON, D.C. 20006 8141-1007 II ~ ...., I 12 November 1999 TREASURE COAST SPORTS STADIUM (Total Budget Summary Excluding the C.M. at risk Management Fee and Impact Fees) 1. 2. 3. Building Costs (based on 3000 seats): Architectural and Engineering Fees Reimbursable Expenses $2,200,000.00 $ 111,395.00 $ 81,248.00 TOTAL PROJECT COST $2,392,643.00 I aul U. Dritenbas, Architect A.LA. C:120398vb.wpd - ... - '-'" ~ EXHIBIT "A" (Revised 5 Nov. 99) These "Revised ArtiCles" are to be included in the Owner/Architect Agreement B141, dated 22 October, 1999. 1.1.2 The Architect's services shall be performed as expeditiously as in consistent with professional skill and care and the orderly progress of the Work. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. The Schedule shall be as follows: Design Phase CM Design Review & GMP Phase Construction Phase 28 Oct 99 to 18 Dec 99 23 Nov 99 to 14 Feb 00 15 Feb 00 to 21 Aug 00 Time limits established by this schedule (approved by the Owner) shall not, except for reasonable cause, be exceeded by the Architect. In the event, the Architect, without reasonable cause exceeds the time limits established by this schedule for his Basic Services excluding the Construction Phase, the Architect shall pay the County the sum of $100.00 per work day as liquidated damages. The Architect will not be penalized for delays, extensions or additional services requirements caused by any agency reviews, permitting delays, Owner generated changes, or General Contractor default, which exceeds the allocated time stipulated on the above schedule. 2.1.1 The Architect's Basic Services consists of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical, electrical, civil engineering services, programming, landscape architecture, surveying, an environmental assessment report, and providing services in connection with the work of a Construction Manager at Risk retained by the St. Lucie County School District. 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or C:120398vb.doc Page 1 of 3 .................. ..,.- - .. 'P' ,-". """" I, construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. Notwithstanding the requirement for Owner's approval of the Design Development Documents, the parties agree that the Owner is relying on the Architect's expertise in designing the project. 8.6 Either party may terminate this Agreement without causes by giving the other party thirty (30) days prior written notice. In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination. 10.2.1 Basic Reimbursable Expenses are included in the total compensation for Basic Services. These are expenses incurred by the Architect, and Architect's employees and consultants in the interest of the Project, and they specifically include the following with special Notes and Upset limits: A. Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; and long-distance comm unications. B. Expense of in-house reproductions, postage and handling of Drawings, Specifications and other documents. Documents (Plans a·nd Specs) shall have an upset limit of $1,500.00 direct cost. Reproduction costs beyond this upset limit will be paid by the Owner. C. Expense of computer-aided design and drafting equipment time when used in connection with the Project. D. Expense of Facility Programming, Feasibility Studies and Analyses. E. Expense of soils investigations and reports, to be utilized for foundation designs and stormwater detention and retention. F. Expense of Surveys to determine, Topographic, Boundary, Vegetation locations, Existing Facilities, and Utility locations without the Architect incurring sub-surface investigation costs. G. Expense of Environmental Permitting, Stormwater Management Design and Permitting through S.F.W.M.D., Potable Water Permitting through D.E.P., and Sanitary Sewer Permitting through D.E.P. c: 120398vb.doc Page 2 of 3 -- - - - p ,-,. .."", II H. Expense of Landscape and Irrigation Consultants for the design services, specifications and observations of installation for plantings, soil and irrigation systems. I. Expense of the Florida Model Energy Code Calculations. J. Expense of Site Plan Review Fees required by the City of Port St. Lucie Planning Department. K. Expense of Engineering Inspection Services and reporting services required by the State of Florida for Threshold Inspections. L. The Expense of Architectural Review Services by the St. Lucie West Development Corporation have been waived by direction of Shawn Reilly, Vice President of Marketing. M. Expense for Sports Lighting Design System and the Emergency Lighting System. c: 120398vb.doc Page 3 of 3 - '-" .."", 12 November 1999 10.2.1 REIMBURSABLE EXPENSES SUMMARY FOR LUMP SUM SUB MITT AL (Treasure Coast Sports Stadium with 3000 seats) A. Transportation: 60 miles X 60 trips X 29 cents per mile $ 1,044.00 $ 250.00 $ 3,200.00 $ Waived $ 1,000.00 $ 500.00 $ 1,500.00 $ 000.00 $ 6,370.00 $ 3,910.00 $ 18,305.00 B, Long Distant Calls- Phone, Fax, Cell and E-Mail: 300 calls @ 40 cents each C. Site Planning and Review Fees: I. City of Port St. Lucie Planning Dept. 2. St. Lucie West Development Corp. Arch. Review D. In-house Reproduction Plans & Specs for progress sets: E. Mailings: Fes-Ex, U.S. Mail, Priority Mail, etc. F. Plans & Specs for Negotiations with CM at Risk.: G. Additional Surveying required (Included in Item-J) H. Programming Phase: (Completed as of22 Oct. 99) L Soils Investigations for foundation & permiability designs: 1. Storm water Management design: 1. Includes $2000.00 General Permit for S.F.W.M.D, 2. Includes $250.00 D.E.P. potable water permit. 3. Includes $250.00 D.E.P. sewer permit. K. Landscape and Irrigation Design: $ 19,500.00 $ 15,500.00 $ 500.00 $ 3,000.00 $ 2,800.00 L. Sports Lighting Design, Conduit for speakers, scoreboard control, power to scoreboard, design emergency lighting for bleachers: M. Model Energy Code & Manual J Calculations for all AlC'd bldgs.: N. Threshhold Inspection Fees for 3000 seats per Florida Statutes: O. Environmental Assessment of 10.2 acres- (trees, fauna, gopher tortise, scrub jay, wetlands, etc.) Sub-Total $ 77,379.00 Consultants Multiplier Applied @ 1.05 per Article 11.3.3: $ 3.869.00 Total $ 81,248.00 NOTE: Impact fees, if any, shall be paid by the Owner. c: 120398vb.wpd '-' w PROJECT SCOPE: As modified by the joint committee on 10 November 1999. The overall scope of this project will consist of the following list of items. Please note that not all of these items can be constructed at this time due to limited funding. However, the project will be master planned to accommodate the ultimate build-out. 1. Precast concrete seating for 3000 people. Home side 3000 in concrete and Visitors side to be 1200 aluminum supplied by others. All seating will be accessible by the use of a switchback ramp system. Safety guardrails will be included at all sides and backs of the seating areas. The seats will be extruded aluminum with welded end caps and secured with all stainless hardware. Railings will be face fastened on all precast curbs in lieu of core drilling with epoxy sets. 2. A Pressbox with four adjacent sky boxes served by a hydraulic elevator. This will occur at the Home side only. The approximate size of the single Pressbox and Skybox combination is 15 feet deep by 80 feet long, or 1200 sq. feet. Casework shall be included in the pressboxes. No bathrooms will be provided in the Pressbox and Skybox areas. 3. Concessions and restrooms building; one on the Home Side only. Restrooms to meet the ADA and F AC requirements and in accordance with the standard plumbing code 1994 edition. Concessions equipment to be limited to sinks only. Roll down stainless steel counter curtains shall be installed at each concession window. 4. Two ticket counters for Day-Of events. Advanced ticket sales will be handled at the Met Stadium ticket facility. 5. An elevated scoreboard will be provided by others. The conduit to the press boxes and the elevated support structure for the scoreboard are included in the scope of work. 6. Sports lighting to meet the requirements for TV broadcasting at 75 foot candles per square foot. The lighting shall also have the capabilities of being reduced to 30 & 50 foot candles for regular observations of concerts and high school events. Lights, poles, conduits, contactors, main panel and keyed switch shall be in the scope of work. 7. Football Field at 160' x 360'. Soccer field at 225' x 375'. No 400 meter track is to be included nor considered in the masterplan for future installation. This will allow the seating to be placed closer to the fields. The football field will be placed within the soccer field. 8. Goal posts and soccer goals. The goal posts will be the 90 degree offset base design to keep them out of the soccer playing field. The soccer goal frames will be custom fabricated out of thick wall aluminum tubing. The nets are not in the scope of work. '-" ...., 9. Parking for 6 buses or 2 tractor trailer trucks, and approximately 20 automobile spaces are included in the scope of work. General Admission Parking will be facilitated by using the existing paved and grassed parking of the Met Stadium directly north of this site. Curb cuts onto N.W. University Boulevard will be required as well as a sidewalk for the length of the developed frontage and access to the Mets parking areas. 10. Stormwater Management will be required and can connect to the permitted drainage system as part of the DR! approved St. Lucie West system. 11. Site Plan Approval will be required through the City of Port S1. Lucie. 12. Upland preservation of25 % of native trees is not required for this project. 13. Soils testing for the stadium seating and the balance of the proposed buildings will be required to determine soil bearing pressures for foundation designs. Soil borings will be required for the design of the playing fields. 14. Conduit for a public address system shall be included. The actual PIA system is not in the scope of work. 15. Perimeter 8 foot high chain link security fencing will be required. 16. Accessible concrete walkways will be required throughout the project, including access to the Press box elevator at grade level. 17. Landscaping and Irrigation for the fields and site are required. Wells and pumps will be utilized for the irrigation requirements. 18. Sod for the playing field shall be bermuda, as specified by the Landscape Architect. The balance of sod shall be bahia, as specified by the Landscape Architect. 19. Signage for identifying the stadium and directional signage on site will be included. 20. No individual school color scheme will be applied. Color of buildings and metal roofing shall be selected by the Architect and approved by the Owner. 21. Pedestrian lighting on the site, walkways, parking areas, and the bleacher walkways, is required to meet the ADA and will be included in the scope of work. 22. Additional surveying is required to provide topographical information and utility location information to the design team. The boundary survey has been provided to the Architect. 23. The procurement system being utilized by the Owner shall be "Construction Management At Risk". 24. The Electrical Service will be supplied by Florida Power and Light Company. .. '-' ...., 25. An uninterupted battery backup power supply shall be included for emergency lighting on the bleachers and stadiwn steps. 26. Locker rooms, a second concessions/bathroom building, an elevated stage, a 3000 square foot maintenance building, and 3000 concrete bleachers on the visitors side will be shown on the Master Plan only, and no construction plans are to be included for these facilities at this time. 27. Time Frame for DeIiverables: 14 October 1999 22 October 1999 28 October 1999 23 November 1999 1 December 1999 1 January 2000 14 February 2000 15 February 2000 21 August 2000 RFQ responses by CM's due to Andrew Favata Review and Short list CM's CM's oral interviews CM hired and on the Team Submit for Site Plan Approval Working Drawings Completed G.M.P. Delivered to Owner Commence Construction by CM at Risk Project Completed and ready for play Paul U. Dritenbas, Architect A.LA. c: 120398VB.wpd ~-_....... ....- ... ... . q , . . -.-.- .¡ .~t~!!:!!~!,~:..¡:;¡:;g;:g:E!;mJj;~;'¡~U¡~~ji:11~1;;LiJ1u~uaitì<;~;§..:,·>::'··::::':;;:::··:··· '·'1l(::;!';';\;:.\¡¡':'¡¡;::~¡;;¡:¡:¡¡:¡;;;:i.à 2"2T"!rËp10199 ¡, PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Suncoast Insurançe Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P 0 B 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ,. . ox ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. fampa , FL 33 Õ 2 2 - 2666 COMPANIES AFFORDING COVERAGE ..--. COMPANY ASecuritv Ins of Hartford .. -..--- COMPANY B Zurich-American Insurance Comvanv INSURED Edlund & Dritenbas, Architects, P.A. 65 Royal Palm Blvd. suite D COMPANY yero Beach, FL 32960 DState Farm Fire & Casualty , cô'lEMÖl!ír .. d'~ .... ·'THiš' ¡S"iö CERTFY THAT THE POLICIES OF INSURANCe U9T1!D BELOW HAve BEEN I8SUED TO THe INSURED NAMeD ABOVI!! FOR THe POUOY peRIOD . INDICATED. N01WITHSTANDING ANY REQUÆMENT. TERM OR CONDITION OF AHY coNTRACt OR OTHER DOCUMENT WITH RESPEOT TO WHICH THIS CERTFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESORIIED HEREIN 18 SUBJEOT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF sUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS. .. POLlOYEFFEOTM! PoLlOYI!XPlRATlON DATI! IMM/OOIYY) DATI! (MM/OO/YY) OOMPANY CState Farm Fire & Ca~ualty 00 un TYPE! OF INSURANOE POLlOYNUMBER LIMITS OENERAL LIABILITY T ~OMMERCIAL GeNeRAL LIABILIT C _ .=:JCLAIMS MADE 1!1 OCCUR WNER'S & CONTRACTOR'S PRO 98-J2-7999-9 4/27/99 4/21/00 OENERAL AGOREOATE t 2.(Xj().CXJO PROOUCTS-COMP/OP AOO S î. 000 . 000 PERSONAL I ADV.INJURY S 1.000.000 EACH OCCURRENCE t 1.000. OOL !,IRE OAMAOE IAnyon.,Ir.) S 300. OOL MeD EXP IAn" on. nlnan) t 5 000 - AUTOMOBILE LIABILITY X I ANY AUTO _ ALL OWNEO AUTOS C ,...J '3-::~II!!J'JleO r.¡;·rolt HIRED AUTOS COMBINED SINGLE LIMIT s 1,000,000 98-J2-7999-9 4/ 2 7 /9 9 4 / 2 7 / 0 0 BODILY INJURY (per p.rlon) s .- BODILY INJURY (per accident) s NON-OWNED AUTOS - PROPERTY DAMAGE S .!~R"OE LIABILITY ANY AUTO AUTO ONL Y -EA ACCIDENT t OTHER THAN AUTO ONL Y: i%iliM1Miili¡¡:i.HMi:nllW¡ EXCESS LIABILITY C 'Xl UMBRELLÁ FORM 1-=\ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND B EMPLOYERS'LlABILlTY 2 04 3 I 8 2 THE PROPAtETORI RINCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL A OTHER 98-EY-9926-5 9/15/99 9/15/00 EACH ACCIDENT AOOREGATE J!~~!:I9~£~~!!!'!tI.c1! AOOREGATE S $ . 1:000: OO(L S I_oon nnn S - PL012602 . 6/10/99 I STATUTORY LIMITS :::::mmmmwmmm;@J¡):: 9 / 0 1 / 0 0 EACH ACCIDENT S 100 . 000 DISEASE-POLICY LIMIT S 500.000 DISEAse-EACH EMPLOYEE S 100.000 $1,000,000 per claim 6/10/00 $2,000,000 aggregate 9/01/99 Professional lJiability DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPEOIAL ITEMS Professional Liability is claims made and report~d. For Proposal purposes EXPIRATION DI'.TETHEREOF, THE ISSUINO COMPANY WILLENDEAVOR TO MAIL ..3.!l- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLlOATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. . A~RIZED REPRESENTATIVE . ÁCðrið¡¡¡~f.im¡i%.i1íFœtJíM£!tg¡¡2¡;Ja1Imm?ål&~~Wj~AijljRðCðij¡¡6íiÂfl¡¡NlJ¡¡¡, r - ~'~ - '-'AGENDA REQUEST ITÈfIt NO. G,C,. DATE: November 16, 1999 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South County Regional Stadium - Sublease with City of Port St. Lucie BACKGROUND: The County has applied for four hundred thousand and 0/100 ($400,000.00) dollars in grants under the FRDAP to use in funding the construction of the proposed South County Regional. Two hundred thousand and 0/100 ($200,000.00) dollars of the FRDAP grant was applied for on behalf of the County. The other two hundred thousand and 0100 ($200,000.00) dollars was applied for on behalf of the City of Port St. Lucie. The County intends to match the City grant with two h'undred thousand and 0/100 ($200,000.00) dollars in impact fees. With regard to the City's FRDAP grant application, one of the FRDAP requirements is that the City have an "interest" in the proposed stadium. State agency officials recommended that the County sublease the Stadium to the City to satisfy the FRDAP requirement. In this regard, attached to this memorandum is a copy of a proposed sublease between the County and the City of Port St. Lucie. The term of the Sublease is twenty-five (25) years as required by FRDAP guidelines. As proposed, the City would be able to use the Stadium for up to fifty-two (52) days per year. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that Board approve the Sublease with the City of Port St. Lucie and authorize the Chairman to sign the Sublease. COMMISSION ACTION: [XI APPROVED [ ] DENIED [ ] OTHER: County Attorney: ~C)J Review and Accrovals Management & BUdge~t Leisure Svcs. Dir.: if applicabl~), J:f¡ Œ~{ Purchasing: Originating Dept. Other: Finance: (Check for Copy only, Eft. 5/96 v. · ',Daniel Mcintyre - South County Regional ("'-'dium Sublease. doc '-'" 'WI Page 1 1 I SOUTH COUNTY REGIONAL STADIUM SUBLEASE THIS SUBLEASE made and entered into on this day of , by and between St. Lucie County, a political subdivision of the State of Florida, hereinafter called the "County" and the City of Port St. Lucie, a Florida municipal corporation, hereinafter called the "City". WHEREFORE, County intends to construct, own and operate the South County Regional Stadium (Stadium), and WHEREFORE, City desires use of the Stadium, and WHEREFORE, County is allowed to sublease the Stadium to City. WIT N E SSE T H: That in consideration of the covenants and conditions herein expressed and of the faithful performance of the City of all such conditions, the County does hereby allow the City to use the South County Regional Stadium "Stadium" located at _ N.W. University Drive, Port St. Lucie, Florida, for not to exceed fifty-two (52) days per year subject to scheduling and availability as determined by the County. 1. Purpose; Term; Facilities. a) This Sublease shall be for the non-exclusive use of the Stadium for a term of twenty-five (25) years beginning on September 1, 2000, not to exceed fifty-two (52) days per year. b) City's use of the Property shall not be exclusive and such use of the Stadium by City shall not preclude County and Stadium staff access to the Stadium for event changeover or maintenance. 2. Use Charge. a) County shall not charge the City a use charge as payment for the use of the Stadium, nor shall the City be required to share in any other costs including but not limited to operation, maintenance, debt service or capital improvements of the Stadium. b) County shall furnish (1) light for ordinary use only, accidents and unavoidable delays excepted, (2) water by means of the appliance installed for ordinary toilet purposes and drinking fountains; (3) ordinary janitorial services, and (4) minimum - 1 - fÖanielMdntYre - South··County Regional - ·ldium Sublease. doc ~ .-... .-. -~""--'---''''''--''''''''''''~ Page 2 ¡ .. I """" house staff, as all determined by the Stadium General Manager. (c) No collections, whether for charity or otherwise, shall be made, attempted or announced on the premises, without the prior written consent of the County. Whenever the facilities are rented and a collection is made, or donations received, then all such monies from such collections and donations shall be considered as ticket sales for the purpose of determining rental monies due to the County. 3. Concession Rights. a) County reserves for itself or its concessionaire the sole and exclusive right to sell or give away refreshments, beverages, candies, foods, confections, periodicals and other merchandise, and to rent and sell merchandise or other articles, to conduct checkrooms, and to reasonably control programs and to supervise the contents thereof during the term of this Sublease. The City shall not engage in or undertake the sale of any aforesaid articles or privileges, without the written consent of the Stadium General Manager. b) Waiver by the County of its exclusive right to the sale or giveaway of any food or merchandise by the City shall be subject to the mutual agreement between the City and Stadium General Manager. Such right shall not unreasonably be withheld. 4. Security. a) County reserves the right through its Stadium General Manager or designee and its representatives to enter any portion of the Stadium at any time to eject any objectionable persons as determined by the Stadium General Manager or designee from the Stadium. b) In subleasing the Stadium to City, County does not relinquish right to control the management thereof and to enforce all necessary and proper rules. The Stadium including the demised premises and the keys thereof shall be at all times under the charge and control of the Stadium General Manager. 5. Support Services and Personnel. Upon written request of the City, the County shall provide all personnel and support services in support of the City's activities including but not limited to production personnel, ticket sales, ticket tables, door guards, ushers, security, or emergency medical personnel, janitors, electrical wiring and other services, equipment and installations incidental to the event. The County shall be reimbursed by the City for all such support services and personnel which are deemed necessary for the event by the Stadium General Manager or designee during the term of this Sublease. The City shall mutually agree upon the staffing level and costs for services in writing prior to the event - 2 - - ~ Daniel Mcintyre - South County Regional ~ 'diurn Sublease. doc '···.,.....'".F»..............,.... .... ~.. ....... -.............-.------- -_...,.......-..,.~...,._~._-_..-- pa983l .."J or use. If the County and the City cannot reach agreement, the staffing levels established by the Stadium General Manager or designee will be adhered to. This provision in no way prohibits the City from providing its own staff for any and all activities. 6. Surrender of Property. City agrees to quit and surrender the Stadium to the County at the end of every event or day used in the same condition as at the date of the commencement of this Sublease, ordinary use and wear thereof only excepted, and to abide by and to conform to all rules and regulations from time to time adopted or prescribed by the County for use and management of the Stadium. 7. Property Damage. a) City shall not deface the Stadium, and shall not cause or permit anything to be done whereby the Stadium shall be in any manner injured, marred or defaced; or will not drive or permit to be driven nails, hooks, or screws into any part of the Stadium (including parking black top) and will not make or allow to be made any alterations of any kind therein unless approved in writing by the Stadium General Manager or designee. b) If the Stadium or any portion thereof during the term of this Sublease shall be damaged beyond reasonable wear and tear by the act, default or negligence of the City or by the City's agents, employees, or invitees, City will pay to the County within forty-five (45) days of a valid damage claim being submitted such reasonable sum as shall be necessary to restore said damaged Stadium to its prior condition. 8. Capacity. City shall not admit to the Stadium a larger number of persons than the seating capacity thereof will accommodate or can safely or freely move about in the Stadium as determined by the Stadium General Manager or designee in his/her sole discretion. 9. Compliance with Laws. a) City will comply with laws of the United States and Florida and all rules and requirements of the St. Lucie County Fire District. b) City shall obtain and procure all necessary permits and licenses prior to the event and will not do or suffer to be done anything on the Stadium during the term of this Agreement in violation of any such laws, ordinances, rules or requirements, and the breach of any such laws, ordinances, rules or requirements shall be considered a - 3 - ... ... ¡ DaniélMClntYre ~South County Regional ~'''Idium Sublease. doc h '-' Page 4 I , ..., breach of this Agreement. c) City agrees the City will be responsible for securing and payment of any licenses or permits. The City will be responsible for any negligent acts of its personnel and hold harmless the County and its officers, employees and agents for any expenses, costs or damages incurred as a result of its failure to obtain said licenses or permits, including but not limited to, any fines or damages collected against City, its agents and including attorneys fees or court cost, and of any expenses incurred as a result of City's failure to otherwise satisfy permitting or license regulations. d) At no time shall the private fire protection equipment outlets, hoses, etc. to the Stadium be used for other than its intended purpose, unless it is done with the consent and under the supervision of the St. Lucie County Fire District. e) At no time shall the City permit the demised Stadium to be used for lodging rooms or for any improper, immoral or objectionable purpose. This shall not restrict use of parking facilities for campers or recreational vehicles. 10. Assignability. City shall not assign or sublet this Sublease without the expressed written consent of the County. 11. Access. County Stadium employees shall at all time have free access to said premises only if said employees are working during the specified event. 12. Utilities. a) County shall furnish customary lighting, electricity, and water at no cost to City, but shall not be responsible for any unavoidable delays or temporary power outages. b) City hereby waives any and all claims for compensation for any and all loss or damage sustained by reason of the failure or impairment of the water supply system, drainage system, electric systems leading to the Stadium, unless the County does not make a good faith effort to make the necessary repairs in time for any event. c) City shall not, without the written consent of the Stadium General Manager, put up or operate any engine or motor or machinery on the demised premises or used oil, burning fluids, camphene, kerosene, naphtha, or gasoline for either mechanical or other purposes or any other agent than gas or electricity for illumination -4- . i, Daniel Mcintyre - South County Regional r-. -'dium Sublease. doc , ........... .'. ....... '. ... ... ,--,. .... .--.-.-.-"_...~-.._~-_.., -' --~--Page-5-1 of the demised premises. The Stadium General Manager shall not unreasonably withhold such consent. 13. Force Majeure. In case the Stadium or any part thereof shall be destroyed or damaged by fire, water, or any other cause or if any other casualty or unforeseen occurrence shall render the fulfillment of this Sublease by the County impossible, then and thereupon this Sublease shall terminate and the City hereby waives any claim for damages or compensation from the County should this Sublease be so terminated. 14. Stadium Policy. The City agrees to comply with the following policies: a) No food, beverage or food products purchased outside the Stadium shall be allowed inside. b) No soliciting in the Stadium. c) No pets allowed in the Stadium, with the exception of guide dogs, or specified events involving pets. d) No containers, bottles, Frisbees, coolers, glass thermoses, bicycles, umbrellas shall be allowed to be brought into the Stadium. e) No incendiary devices, fireworks, or flammable liquids shall be permitted. f) No alcoholic beverages or narcotics shall be brought into the Stadium. g) No alcoholic beverages purchased inside area permitted to be carried outside the Stadium. h) No weapons allowed in the Stadium. i) All "Special Effects" used in the Stadium shall be submitted to the Stadium General Manager or designee for prior approval. j) Children will not be left unattended. k) Profanity or intoxication will not be tolerated. I) Unauthorized sale or resale of tickets on Stadium is prohibited. - 5 - .. - .., ~ Daniel Mc:lntyre-=-Soùt¡:;-couñ-ty---Regional ldium Sublease.doc ¡ .. . .... . . ..\..; ---------~ Page 6 " 15. Governing Law and Venue. This Sublease shall be governed by the laws of the State of Florida and venue for any litigation, which may arise under this sublease, shall be in St. Lucie County, Florida. 16. Attorney Fees and Cost. In the event any litigation arises for the enforcement or the interpretation of the terms of this Sublease, the prevailing party shall be entitled to attorney fees and costs. 17. Evacuation. County reserves, in its sole discretion, the right to evacuate the Stadium during any activity in progress where it is deemed necessary for the safety of the general public. 18. Broadcasting. City is prohibited from radio or television broadcasting from facilities, or having films, recording, or video tapes made of any event within the facilities, including playing areas, leased hereunder, unless specific written permission is given by the County. 19. Non-Discrimination, No person, group or association shall be excluded from use of the facility because of race, sex, color, creed or national origin. Further, no rule may be promulgated or implemented by the City which will discriminate against any person, group or association, or exclude such persons from use of the facilities or participation in events in the facility. Such permission shall not unreasonably be withheld. - 6 - ...... -.......... ....- ~ Danièl Mèlr1tyre : South Coun¡y-Reglona'...·1dium SÙblease.doc ",......................., ~. .._--~'--_.~.~-.~_..........---_----- Page 7 ...., IN WITNESS WHEREOF, County by its Chairman and the City by its Mayor have caused this instrument to be executed by affixing their respective signatures on this, the _ day of ,19_. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY By: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney ATTEST: CITY OF PORT ST. LUCIE By: Mayor Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: By: City Attorney - 7 - ~~_...._~-~~~_._-_._-------........--- I'. Daniel Mcintyre - South County Regional"" "'dium Sublease.doc , '-r' c:\atty\leases\so.cnty. stadium.wpd - - - 8 - ...", - .._.~ ... ~.. ·······'-page8l ~---- --......,- ~ -.... .,. ~AGENDA REQUEST ITI!tIf NO. lRD DATE: November 16, 1999 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South County Regional Stadium - Interlocal Agreement with the St. Lucie County School District BACKGROUND: The County and the St. Lucie County School District have agreed to cooperate in the funding and construction of the South County Regional Stadium. Attached to this memorandum is a copy of a draft Interlocal Agreement between the County and the School District. The Interlocal Agreement provides that the County and the School District shall each contribute four hundred thousand and 0/100 ($400,000.00) dollars toward construction of the Stadium. The Agreement provides that the County will issue bonds to finance the School's share of the project budget. The term of the bonds is proposed to be ten (10) years. The Agreement also provides for payment procedures involving the construction manager retained by the School. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Interlocal Agreement. [)(] APPROVED [ ] DENIED [ ] OTHER: E: COMMISSION ACTION: Coonty ACtomOy,:fr M.n:::~~: :n~d:::~ Originating Dept. Leisure Svcs. Dir.: Finance: (Check for Copy onlŒi~apPliCable) Purchasing: Other: Eft. 5/96 '- ...., INTERLOCALAGREEMENT SOUTH COUNTY REGIONAL STADIUM THIS INTERLOCAL AGREEMENT made this day of 1999, between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and the SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA, hereinafter referred to as the "School", regarding the South County Regional Stadium, hereinafter referred to as the "Stadium". WHEREAS, St. Lucie West Development Corp. has agreed to donate real property to the County as described in Exhibit "A" to allow the County to construct a sports Stadium on the property; and WHEREAS, the County and the School have agreed to cooperate and jointly fund the construction of the Stadium; and, WHEREAS, the parties hereto have determined that it would be to the mutual advantage of each and in the best interest of both the citizens of St. Lucie County and the faculty, staff and students of School to coordinate the construction and operation of the Stadium. NOW, THEREFORE, IN CONSIDERATION of their mutual covenants and promises, the parties agree as follows: 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. g:\atty\agreemnt\interloc\So County Reg 1 ~ ""'" 2. THE GRANT PROCESS. On September 30, 1999, the County applied for a two hundred thousand and 0/100 ($200,000.00) dollar grant under the Florida Recreation Development Assistance Program (FRDAP) that, if approved, would be used to fund the construction of the Sports Stadium. A copy of the application is attached as Exhibit "6". On September 30, 1999, the County, in a jOint application with the City of Port St. Lucie, also applied for an additional two hundred thousand and 0/100 ($200,000.00) dollar grant from FRDAP that, if approved, would be used to fund the construction of the Sports Stadium. A copy of the joint application is attached as Exhibit "C". The parties acknowledge and agree that each grant requires a separate match. The County's share of the project budget (i.e. $400,000.00) shall be used to provide the required separate match ($200,000.00) for each grant. 3. PROJECT BUDGET: FINANCIAL CONTRIBUTION BY COUNTY AND SCHOOL: COST OVERRUNS: UNDERRUNS: The parties agree that the project budget for design, construction and construction administration of the Stadium shall be one million four hundred thousand and 0/100 ($1,400,000.00) dollars. In the event that all or part of the FRDAP grants are not received, the parties agree to reduce the project budget as set forth below. In the event the cost of constructing the Stadium exceeds the project budget, the parties agree to meet and discuss options with regard to the project. In the event the cost of constructing the Stadium is less than the project budget, the parties agree to share the savings 50% - County; 50% - School. The County agrees to pay four hundred thousand and 0/100 ($400,000.00) dollars and the School agrees to pay four hundred thousand and 0/100 ($400,000.00) dollars for the construction of the Stadium g:\atty\agreemnt\interloc\So County Reg 2 '-" ...." as hereinafter provided. The parties agree that the County will issue bonds to fund the School's share of the project budget. The School covenants to budget and appropriate from legally available sources of revenue other than ad valorem taxes, the funds necessary to pay the debt service to cover the School's portion of the bond issue ($400,000.00) and to pay such funds to the County at the times and in the amounts necessary to make the debt service payments on such bonds. The parties agree that the term of the County's bonds shall be ten (10) years from the date of issuance. In the event that the County is unsuccessful in obtaining the $400,000.00 FRDAP grants referenced in Paragraph 2, the parties agree to reduce the project budget to the extent of the amount of the grants that were not received. The parties agree that the County's Leisure Services Director will attempt to solicit from private donors funds in the amount of two hundred thousand and 0/100 ($200,000.00) dollars as of . The parties agree that the project budget shall be modified to reflect the actual amount of donations received as of 4. SELECTION OF ARCHITECT; PREPARATION AND APPROVAL OF PLANS. A. Selection of Architect: The County has selected Edlund & Dritenbas ("Architects") to design the project pursuant to the County's continuing contract with the Architects. B. Facilities - Plans: County agrees to require the Architects to submit for School and County approval complete detailed plans and specifications for the construction of a regional sports stadium by December 18, 1999. Neither the County nor the School will unreasonably withhold their approval of the plans. The g:\atty\agreemnt\interloc\So County Reg 3 '-' ...., School and the County shall complete their reviews of the final plans and specifications and provide their comments, if any, to the Architects as soon as possible but in no event longer than twenty (20) days from the date of receipt of the final plans and specifications. Any plan or modification mandated by federal or state laws or regulations shall be made. The School and the County shall jointly agree on any other aspect of the plan not mandated by federal or state laws or regulations. The completed Architects' detailed, and certified plans shall include access plans, utility (water, sewer, phone, electric) plans, drainage plans, parking plans, landscaping plans, and all other plans needed to construct the Stadium. The County shall require the Architects to obtain all needed permits and approvals from any governmental agency whose approval is needed. 5. CONSTRUCTION MANAGEMENT PROCEDURES. The School shall advertise for a construction manager to construct the stadium with a Guaranteed Maximum Price in accordance with School purchasing procedures. The School shall enter into contracts with a qualified construction manager and qualified subcontractors. The contracts shall require the construction manager and the subcontractors to comply with all applicable federal, state and local laws and to construct the improvements in accordance with the approved plans. The contract shall also require the construction manager to post a Public Construction Bond in accordance with Section 255.05, Florida Statutes. The parties agree that the School shall be responsible for the administration of the Contract with the construction manager. The School shall review and approve all monthly payment applications and all related invoices related to payment to the construction manager prior to payment by the County. The School agrees that the contract with the construction manager g:\atty\agreemnt\interloc\So County Reg 4 .. ~ """ shall require completion of the project by August 25, 2000. The parties agree that the Architects shall perform construction inspections of the Stadium. 6. GUARANTEED MAXIMUM PRICE: PAYMENT OF INVOICES: CONTINGENCIES: CHANGE ORDERS. In the contract with the construction manager, the School shall negotiate a Guaranteed Maximum Price for construction of the improvements that is equal to or lower than the Project Budget (less any Architects fees and permit fees) as finally established pursuant to Paragraph 3. The County agrees to pay the Construction Manager the amount of any invoice approved by the School's Project Manager and by the Architects pertaining to the construction of the Stadium within twenty (20) days after receipt of the approved invoices. The School shall have two contingencies established, an owner's and a contractor's. The contractor's contingency will be for conflicts in plans omissions, etc. The owner's contingency shall be for changes in scope, added value, value engineering, etc. Any change orders greater than fifteen thousand and 0/100 ($15,000.00) dollars shall require the approval of the School and the County. 7. OWNERSHIP: MAINTENANCE: PRIORITY USE BY SCHOOL: FUTURE CAPITAL IMPROVEMENTS. The parties agree that the County shall maintain and have full administrative, operational, and budgetary control of the Stadium after it is completed. In scheduling events at the facility, County agrees that the School shall have priority use for all football and soccer events scheduled by the high schools using the Stadium as home field. In the event either party believes that additional capital improvements or renovations are necessary, the parties agree to meet and discuss options with regard to the proposed capital improvement/renovation project. g:\atty\agreemnt\interloc\So County Reg 5 '-' 8. NOTICES. - .. """" Every notice, approval, consent or other communication authorized or required by this Agreement shall not be effective unless same shall be in writing and sent postage prepaid by U.S. Certified Mail, Return Receipt Requested, directed to the other party at its address provided for below or such address as either party may designate by notice given from time to time in accordance with this section. As to School: With a copy to: As to County: With a copy to: St. Lucie County School Superintendent St. Lucie County School Board 2909 Delaware Avenue Fort Pierce, Florida 34947 Daniel B. Harrell, Esquire Riverside National Bank, Suite 200 Fort Pierce, Florida 34950 St. Lucie County Administrator Administration Building Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Attorney Administration Building Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 9. CONSENT OF SCHOOL AND COUNTY. Wherever in this Agreement School or County is required to give its consent or approval to any action on the part of the other, such consent or approval shall not be arbitrarily or unreasonably withheld. School and County shall act reasonably and consistent with reasonable commercial practice. The consent or approval by either party to or of any act of or request by the other party shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or request. g:\atty\agreemnt\interloc\So County Reg 6 - - ~ ""'" 10. WAIVER. If under the provisions hereof, School or County shall institute proceedings and a compromise or settlement thereof shall be made, the same shall not constitute a waiver of any covenant herein contained notof any of School's or County's rights hereunder. No waiver by School or County of any provision hereof shall be deemed to have been made unless expressed in writing and signed. No waiver by School or County of any breach of any covenant, condition, or agreement herein contained shall operate as a waiver of such covenant, condition, or agreement itself, or of any subsequent breach thereof. 11. OBLIGATIONS OF SUCCESSORS. Each and all of the provisions including all options in this Agreement shall be binding upon and inure to the benefit of the parties hereto, and except as otherwise specifically provided in this Agreement, to their respective heirs, executors, administrators, successors and assigns, subject at all times, nevertheless, to all agreements and restrictions contained elsewhere in this Agreement with respect to the assignment, transfer, encumbering or subletting of all or any part of County's interest in this Agreement. 12. ENTIRE AGREEMENT. It is understood and acknowledged there are no oral agreements between the parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, brochures, agreements and understandings, if any, between the parties hereto or displayed by School to County with respect to the subject matter thereof, and none thereof shall be used to interpret g:\atty\agreemnt\interloc\So County Reg 7 - -~... - '-" ..." or construe this Agreement unless such negotiations, arrangements, brochures, agreements, and understandings are specifically incorporated herein. 13. PARTIAL INVALIDITY. It is agreed if any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this Agreement and all such other provisions shall remain in full force and effect; and it is the intention of the parties hereto if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 14. MODIFICATIONS OF AGREEMENT. This Agreement may be modified only by mutual written agreement of both parties and filed with the Clerk of the Circuit Court of St. Lucie County. 15. ARTICLE HEADINGS. The article headings in this Agreement are inserted only as a matter of convenience and reference. They are not to be deemed as limiting in any manner the content of the provisions which they described and are not to be given any effect whatsoever in construing the provisions of this Agreement. 16. PRONOUNS AND GENDER. The words School and County as used herein shall include the plural as well as the singular. The marginal headings or titles to the sections of this Agreement are not a part of this Agreement and shall have no effect in the construction of this Agreement. 17. CUMULATIVE EFFECT. g:\atty\agreemnt\interloc\So County Reg 8 - - - -- -- ~ ..., The various rights, options, elections, powers and remedies contained in this Agreement shall be construed as cumulative; and no one of them shall be exclusive of any of the others, or of any other legal or equitable remedy which either party, might otherwise have in the event of breach of default in the terms hereof, and the exercise of one right or remedy by such party shall not impair its right to any other right or remedy until all obligations imposed upon the other party have been fully performed. 18. GOVERNING LAW. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. Should either party institute legal action to enforce any obligation contained herein, it is agreed the venue of such suit or action shall be in St. Lucie County, Florida; and both parties hereby waive any defenses to the contrary. Although the printed provisions of this Agreement were drawn by County, this Agreement shall not be construed either for or against County or School, but shall be interpreted in accord with the general tenor of this language. IN WITNESS WHEREOF, the parties hereby have executed the Agreement on the dates indicated. Executed by County this _ day of , 1999 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY: Deputy Clerk CHAIRMAN g:\atty\agreemnt\interloc\So County Reg 9 11/15/99 ST. '-dCIE COUNTY - BOARD ..", PAGE 1 FZABVARR VARRANT LIST I 7- 06-NOV-1999 TO 12-NOV-1999 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 111,340.31 5,058.73 001122 CDBG--Vorld of Plastics 1,150.00 0.00 00 1125 TC Community Action Agency FY 99/00 4,878.73 0.00 001126 Section 112/HPO/FHVA Planning 99/00 0.00 213.00 001241 Ft. Pierce Inlet Boat Launch Area 19,920.00 0.00 101 Transportation Trust Fund 60,032.17 0.00 101002 Transportation Trust/80% Constitut 3,170.50 0.00 101003 Transportation Trust/Local Option 109,832.90 0.00 101006 Transportation Trust/Impact Fees 2,115.00 0.00 102 Unincorporated Services Fund 1,586.52 0.00 102001 Drainage Maintenance MSTU 261.40 0.00 107 Fine & Forfeiture Fund 103,334.27 78.30 109 Drug Abuse Fund 2,403.33 0.00 121 Blakely Subdivision Fund 64.61 0.00 140 Port & Airport Fund 3,517.15 0.00 160 Plan Maintenance RAD Fund 4,125.08 0.00 .183 Ct Administrator-19th Judicial Cir 641. 25 0.00 183001 Ct Administrator-Arbitration/Mediat 165.78 0.00 183004 Ct Admin.- Teen Court 18.20 0.00 183105 Dam Relations Hearing Officer 99/00 5,979.15 0.00 185203 FHFA-SHIP 98/99 5,300.00 0.00 316 County Capital 56,308.45 0.00 382 Environmental Land Capital Fund 500.00 0.00 401 Sanitary Landfill Fund 4,835.62 0.00 418 Golf Course Fund 485.54 0.00 421 H.E.V. Utilities Fund 353.92 0.00 441 North Hutchinson Island Utilities 32,989.76 0.00 451 S. Hutchinson Utilities Fund 8,682.01 0.00 461 Sports Complex Fund 8,137.27 0.00 471 Holiday Pines Utilities Fund 1,932.82 0.00 491 Building Code Fund 180.72 0.00 501 Automated Services Fund 17,412.80 0.00 505001 Property/Casualty Insurance Fund 30.00 0.00 510 Service Garage Fund 49,335.19 0.00 611 Tourist Development Trust-Adv Fund 1,044.27 0.00 625 Law L1 brary 8,029.38 0.00 GRAND TOTAL: 630,094.10 5,350.03 '--.. '-' .."", AGENDA REQUEST ITEM NO. C-2A DATE: Nov, 16, 1999 REGULAR [ ] PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Public Safety (A. C.) Jack T. Southard SUBJECT: Humane Society of St. Lucie County, Inc. 1999-2000 Animal Impoundment Agreement BACKGROUND: Proposed 1999-2000 Second Amendment to the November 26, 1996 agreement between the St. Lucie County and Humane Society of St. Lucie County, Inc. (see attached memorandum) FUNDS AVAILABLE: 102-6240-582004-600 (Humane Society Account) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the 1999-2000 agreement with Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the agreement. [)( ] [ ] APPROVED OTHER: DENIED ou las Anderson Coun y Administrator COMMISSION ACTION: Co=<y A"O="Y~ Originating Dep~. . \ <;(. Other Finance: (Check/For Copy only, If applicable) _ Review and A Purchasing: Management & Budget Other: Eft. 5/96 ,J ... '-' ...., .' INTER-OFFICE MEMO TO: BOARD OF COUNTY COMMISSIONERS FROM: JACK T. SOUTHARD, PUBLIC SAFETY MANAGER DATE: NOVEMBER 3,1999 SUBJECT: HUMANE SOCIETY OF ST. LUCIE COUNTY, INC. 1999-00 ANIMAL IMPOUNDMENT AGREEMENT BACKGROUND: Attached to this memorandum is a copy of the proposed 1999-2000 Second Amendment to the November 26, 1996 agreement between the County and Humane Society of St. Lucie County, Inc.: Pursuant to the agreement, the Humane Society will provide animal impoundment services for the County's Animal Control Division at the cost of forty-nine and 15/100 dollars ($49.15) per animal. The total annual compensation amount under the agreement will not exceed one hundred seventy thousand and 00/100 dollars ($170,000.00). The term of the agreement will be two years with an annual adjustment to the rate per animal based upon the annual change in the Consumer Price Index. This expenditure was included in the proposed budget for fiscal year 1999-2000. The funds are available in account - number 102-6240-582004-600, Humane Society account. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed 1999-2000 agreement with Humane Society of St. Lucie County, Inc., and ,~authorize the Chairman to sign the agreement Respectfully s d. Jack T. Southard O' <r ...., ~ BOARD OF COUNTY COMMISSIONERS COUNTY ATTORNEY Daniel S. Mcintyre Hand Delivered Heather Young ASSISTANT COUNTY ATTOP.NEY James W. Lancaster, Jr. ASSISTANT COUNTY ATTOP.NEY Katherine Macl~enzie-Smith A5SISTANT COUNTY ATTOP.NEY October 18, 1999 Mr. Lloyd Satterfield Humane Society of St. Lucie County, Inc. Post Office Box 3661 Fort Pierce, Florida 34948 Dear Mr. Satterfield: Re: Second Amendment to November 26, 1996 Agreement Enclosed please find four (4) originals of the above-referenced amendment which will extend the tenn for an additional two (2) years. It is my understanding that the rate per animal will be adjusted next month and the amendment provides for such adjustment. Please have each of the amendments executed on behalf of the Humane Society and return them to me for further processing. After the documents have been signed on behalf of the County, I will return one (1) original to you for your records. Thank you for your assistance in this matter. Sincerely, ')~~ Heather Young. Assistant County Attorney Enclosures HY: Copies to: '.. Public Safety Director Finance Director Contracts Coordinator JOHN D. CRUHN; DimiCT NO.1· DOUG COWARD. Disrricr No.2· PAULA A. LEWIS. Dimicr No. J . FRANNIE HUTCHINSON. Disrricr No.4. CLIFF CARNES. Dismcr No.5 Counry Adminisrroror . Douglos M. Anderson 2.300 Virginia Avenue · .3rd Floor Admin. Annex · Forr Pierce, FL .34982-5652 · Phone (561) 462-1415 FAX (561) 462-1440 · TDD(561)462-1428 '-' ...., SECOND AMENDMENT TO NOVEMBER 26, 1996 AGREEMENT THIS SECOND Al\1ENDMENT is dated this _ day of ,1999, by and between ST. LUCIE COUNTY, hereinafter referred to as the "County", and HUMANE SOCIETY OF ST. LUCIE COUNTY, INC., hereinanerreferred to as the "Humane Society". WHEREAS, on November 26,1996, the County and the Humane Society entered into an agreement, hereinafter referred to as the" Agreement", whereby the Humane Society agreed to provided facilities for the impoundment of animals picked up by the County Animal Control Division as well as stray or unwanted animals turned in by the citizens of the County; and, WHEREAS, the Agreement provides for the County to compensate the Humane Society in an annual amount not to exceed one hundred sixty thousand and 00/100 dollars ($160,000.00) for services rendered by the Humane Society based upon a per animal charge for services adjusted annually based upon the Consumer Price Index; and, WHEREAS, on November 24, 1998, the parties entered into a First Amendment to the Agreement to extend the term through and including September 30, 1999, and increase the amount of annual compensation paid to the Humane Society to one hundred sixty-five thousand and 00/100 dollars ($165,000.00); and, WHEREAS, the parties desire to further amend to Agreement to extend the term through and including September 30, 2001 and increase the amount of annual compensation to one hundred seventy thousand and 00/100 dollars ($170,000.00). NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Subparagraph 6.A., of the Agreement shall be amended to read as follows: 6. For services rendered pursuant to this Agreement, the County shall compensate the Humane Society as follows: A. For and in consideration for the services performed by the Humane Society in accordance with this Agreement during the period October 1, 1996 through and including September 30, 1998, the County shall compensate the Humane Society in an annual amount not to exceed one hundred sixty thousand and 00/100 dollars ($160,000.00) at the rate of forty-seven and 47/100 dollars ($47.47) per animal sheltered by the Humane Society pursuant to this Agreement, subject to adjustment as provided below in Subparagraph 4. Beginning October 1, 1998 through and including · '-" ..." September 30, 1999, the County shall compensate the Humane Society in an annual amount not to exceed one hundred sixty-five thousand and 00/100 dollars ($165,000.00) based upon a rate of forty-nine and 15/100 dollars ($49.15) per animal sheltered by the Humane Society pursuant to this Agreement, subject to adjustment as provided below in Subparagraph 4. Beginning October 1, 1999 through and including September 30, 2001, the County shall compensate the Humane Society in an annual amount not to exceed one hundred seventy thousand and 00/100 dollars ($170,000.00) based upon a rate of forty-nine and 15/100 dollars ($49.15) per animal sheltered by the Humane Society pursuant to this Agreement, subject to adjustment as provided below in Subparagraph 4. 2. All other terms and conditions of the Agreement, as amended, shall remain in full force and effect. IN WI1NESS WHEREOF, the parties hereto have executed this Second Amendment on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORREC1NESS BY: COUNTY ATTORNEY ATTEST: HUMANE SOCIETY OF ST. LUCIE COUNTY, INC. //).. -, I J; /. . .--If- ~ f,,:~/¡f ,l>I:!'~j/]jJ((_· C./.;¿¡L-(~>. BY: \ ~~'-''-4-1) \.- --0~ SECRETARY . PRESIDENT (/ / G:\A 1TY\AGREEMNT\2A-HUMANE. WPD (SEAL) 2 '--ENDA REQUEST '-fTEM NO. C2B DATE: Nov, 16, 1999 REGULAR [ ] PUBLIC HEARING [ CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Public Safety (E.M.) Jack T. Southard SUBJECT: Hazards Analysis Agreement with State .of Florida (HAZMAT) BACKGROUND: 1999 Legislature authorized funding to support County Hazardous Materials emergency planning through the Department of Community Affairs, Division of Emergency Management. Review And update hazards analyze data under Sara Title III. Coordination of activities within the county. On site visits to facilities listed on the State of Florida attachment B list. Approve agreement number 00cp-3v-10-66-22-026. Amount of Eighteen thousand-three hundred and four dollars 00/100 ($18,304.00). The revenue was included in the proposed budget for fiscal year 1999-2000. (see attached memo from DCA.) FUNDS AVAILABLE: 001247-2510-200 (Hazards Material Grant) RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Agreement with the State of Florida and authorize the Chair.man to sign. COMMISSION ACTION: [)<.] [ ] APPROVED OTHER: ] DENIED E: ~ County Attorney: ¡J Management & Budget ç--- /¡r\ /' l\ Originating DePt~¿'~ ~ Other (' ,. Finance: (Check-Por Copy only, If applicable) _____ D uglas Anderson nty Administrator Purchasing: Other: Eff. 5/96 ~ ...", INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Jack T. Southard, Public Safety Director Daniel S. Mcintyre, County Attorney f}J: 99-1108 FROM: C.A. NO. DATE: August 20, 1999 SUBJECT: Hazards Analysis Agreement with State of Florida (Haz. Mat. Grant) FY 1999-2000 ------------------------------------------ ------------------------------------------ The agreement referenèed above is approved as to form. DSM/caf .. .~- '... - . ; '-" 'wII STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Helping Floridians create safe, vibrant, sustainable communities" JEB BUSH Governor STEVEN M. SEIBERT Secretary August 9, 1999 rõ) Œ©ŒO\YlŒfñì UO ALG 12 1999 æJ Mr. Jack Southard, Director St. Lucie County Public Safety 101 North Rock Road Ft. Pierce, Florida 34945 PUBLIC SAFETY Dear Mr. Southard: The Florida Department of Community Affairs is pleased to award funds to update the hazardous materials data for your county. Ø¡S:304 Based upon the allocation formula developed by the Division, your county is entitled to '/ receive Q 1,169:- Due to a decrease in annual receipts from the exemption of petroleum retail stations, the total allocation amoùnt is less than in previous years. This is reflected in the amount the Division has to offer the county. This is a fixed fee, performance-based agreement with its Scope of Work and Schedule of Payments outlined in Attachment A. There is no requirement to match the allocation with county funds. Your attention is directed to the following revisions contained in this Agreement: 1. Consistent with the State Emergency Response Commission policy, detailed on-site visits shall be conducted for à minimum of fifty percent (50%) of the facilities appearing on the Attachment B listing.· Dates of the on-site visit shall appear within the context of the hazards analysis. Such visits shall be prioritized as follows: new facilities; and facilities not visited during the previous contract year. 2. The county shall notify the Section 302 facilities (Attachment B listing) of the availability of the hazards analysis information and disseminate that information to the facility upon request. , 2555 SHUMARD OAK BOULEVARD· TALLAHASSEE, FLORIDA 32399-2100 r . Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: http://www.state.fl.us/comaff/ FlORIDA KEYS Area at Crotical State Concern Held Office 2796 Overseas Highway, SUite 212 Marathon, Flonda 33050-2227 GREEN SWAMP Area of Critical Stale Concern Fiejd ottice 205 East Main SIleet, Suite 104 Bartow, F10nda 3383(k641 - - ~ ..., Mr. Jack Southard August 9, 1999 Page Two Enclosed are three copies of the Agreement for your review. Please have the Chairperson of the Board of County Commissioners sign each copy and return them to the following address: Denise Imbler, Planning Manager Bureau of Compliance Planning and Support 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2149 An original signed document will be returned to you for your files. Please notify the Department in writing by September 30, 1999, on whether your county intends to accept or deny the funding. I look fOlWard to working with your county on updating the county's hazardous materials information. Technical assistance visits will be scheduled beginning in the falL If you have any questions regarding the Agreement or its requirements, please call Denise Imbler at (850) 413-9916. Sincerely, ~ CL-~ Eve Rainey, Chief Bureau of Compliance Planning and Support ER:dmi Enclosures - ~ "will Agreement Number: OOCP-3V-10-66-22-026 AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND ST. LUCIE COUNTY (NAME OF COUNTY) This Agreement is entered into by and between the State of Florida, Department of Community Affairs, hereinafter referred to as the "Department" and St. Lucie County, hereinafter referred to as the "County." WITNESSETH: This Agreement lS entered into based on the following facts: WHEREAS, the Department and the County recognize the significant threat that hazardous materials incidents pose to the residents and the environment of the State of Florida; and WHEREAS, safeguarding the lives and property of its residents is an innate responsibility of the governing body of each county in the State of Florida; and WHEREAS, the 1999 Legislature authorized funding to support county hazardous materials emergency planning through the Department. ~- NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the Department and the County hereby agree as follows: ARTICLE I. SCOPE OF WORK A. The County shall furnish the necessary personnel, materials, serVlces and facilities (except as otherwise provided herein) and shall do all things necessary for or incident to the.. performance of work and services set forth in this Agreement and in the Scope of Work attached hereto and incorporated by this reference as Attachment A. B. The County shall perform and render such work as an independent contractor and not as an agent, representative or employee of the Department. Such work shall be performed in a proper manner, satisfactory to the Department. - ...., '-' .' ARTICLE II. COMPENSATION AND FINANCIAL REPORTING REQUIREMENTS A. This is a fixed fee Agreement. The County shall be paid for the satisfactory delivery of the tasks set forth in the Scope of Work, Attachment A, which is incorporated herein by reference, in the amount not to exceed ($18/304), subject to any reduction or adjustment imposed on state appropriations pursuant to law. B. Upon execution of this Agreement, the County shall be compensated for tasks completed in accordance with the Scope of Work and Schedule of Payments, which are incorporated in this Agreement as Attachment A, except as provided herein. C. The payment of the percentages of the fixed fee amount will be made on a performance basis in accordance with the percentage of work tasks submitted, except that the final 25 percent will not be released until the final work product is completed, submittedl and determined to be acceptable by the Department. Fifty (50) percent of the hazards analyses shall be received by the Department not later than June 1, 2000 except that a later date may be agreed upon in writing by both parties to this Agreement. The final fifty (50) percent shall be received by the Department not later than August 1, 2000. Absent any extenuating circumstances, and except as otherwise provided in this Article, work submitted after August 1, 2000 will not be accepted, reviewed or compensated. The Department will be the sole authority for determining extenuating circumstances and granting extensions to the work submission deadline. D. Each request for payment shall be initiated by the Department upon receipt of an acceptable Financial Invoice (Attachment C). The County shall submit an Attachment C, for payment that is commensurate with the percentage of hazards analyses submitted. The County shall submit an Attachment C, for the twenty-five (25) percent final payment, to the Department with required corrections to the hazards analyses within forty-five (45) days of the contract termination date. The Department will release the final payment only upon a determination that all ha'zards analyses are complete and acceptable 1 an approved copy of the hazards analyses has been sent to the applicable Local Emergency Planning Committee (LEPC) and notification has been made to all facilities that the hazards analysis information is available upon request. The county emergency manaqement director, or an'official designated in writing by the director, shall sign the Financial Invoice (Attachment C). No request will be processed until the Financial Invoice is correct and supported by the product which meets the requirements of Article IV. E. In the event that the County submits less than fifty (50) percent of the hazards analyses on June 1, 2000 or on August 1, 2000, then the payment due on each occasion shall be reduced by an amount commensurate with the number of omitted hazards analyses and the number of days late, if any. F. If the Department finds that the County is not in compliance with the terms of this Agreement, or is not in compliance with any other grant program administered by the Department, then without waiving its right to terminate this Agreement, the Department may, .., .,..- - '-" ...., notice, withhold payment until the County is in compliance with and is performing satisfactorily under this Agreement or the applicable requirement of any other grant program administered by the Department. The notice will be sent by Certified Mail, with return receipt requested, to the designated contact person. Noncompliance under this section includes, but is not limited to, the County's failure to submit timely, accurate and complete products required under this Agreement. G. The Department shall immediately notify the County by Certified Mail, return receipt requested, if any reduction or adjustment is imposed upon State appropriations that will affect the funding of this Agreement. Parties shall then revise the Agreement accordingly, using the procedures set forth in Article VI below. ARTICLE III. AUDITS AND RECORDS The County agrees: A. To maintain books, records and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided under this Agreement. Such books, records and documents shall be subject to inspection, review or audit by State personnel and other personnel duly authorized by the Department at reasonable times upon reasonable notice to the project manager. B. To allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Agreement. It is expressly understood that the County's refusal to comply with this provision shall be grounds for unilateral termination of this Agreement by the Department. ... - C. To retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of three years after the termination date of this Agreement or, if an audit has been ínitiated and audit findings have not been resolved at the end of three years, the records shall be retained until resolution of the audit findings. ARTICLE IV. REPORTING REQUIREMENTS AND MONITORING A. The Department shall be entitled at all times to be advised verbally or, if requested, in writing, of the status of the work being performed by the County. Upon request, a written status report will be provided within ten (10) days. Either party to the Agreement may request, and be granted upon reasonable notice, a conference for the presentation of reports or the resolution of problems. B. By December 31, 1999, the County shall submit to the Department the County's timeline or work schedule for the completion of the scope of work, along with a designated contact person, address, telephone number and one completed hazards analyses for review. The County shall also indicate the software program that will be used to generate the hazards analyses (i.e. CAMEO for Windows). The Department 3 ... - '-' ...., reserves the right to approve, or disapprove, software to be used to generate hazards analyses. ARTICLE V. TERMS OF AGREEMENT A. This Agreement shall begin on the last date of signing and shall end on September 30, 2000. B. Either party may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances, or may terminate this Agreement without cause by giving thirty (30) days notice to the other party. Written notice shall be delivered by certified mail, return receipt requested, or in person with proof of. delivery. C. The Department may terminate the Agreement due to unavailability of funds with such notice by certified mail, return receipt requested, as is reasonable under the circumstances. D. The sole intent of this Agreement is to provide financial assistance to the counties to support the conduct of site-specific hazards analyses and hazardous materials emergency management activities. It is therefore required that all expenditures paid from this fund be directly related to hazardous materials preparedness, response, recovery or mitigation activities. Contract funds are not required to be expended within the contract period. Any payments received after termination of the Agreement shall be considered payments for work performed pursuant to the Agreement. ARTICLE VI. . MODIFICATIONS ...- Either party may request changes to this Agreement, including adjustments in the Scope of Work to be performed and time of performance. Such modifications may be proposed in writing by either party and become effective upon being reduced to writing executed by both parties. All requests for changes to this Agreement shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. ARTICLE VII. SUBCONTRACTS A. If the County subcontracts any of the work required under this Agreement, the County agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department, and agrees to provide the subcontractor with a copy of this Agreement and agrees to provide the Department with a copy of the subcontract. All subcontracts shall be subject to the approval of the Department 8. The County agrees to include, unless prohibited by law, in the subcontract that the subcontractor shall hold the County and the Department harmless against all claims of whatever nature by the subcontractor arising out of the performance of work under the subcontract. 4 .. - - . , '-' ..., ARTICLE VIII. VENDOR PAYMENTS A. Pursuant to Chapter 215.422, Florida Statutes, the Department shall issue payments to vendors within forty (40) days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within forty (40) days shall result in the Department paying interest at the rate established pursuant to Section 55.03(1), Florida Statutes, on the unpaid balance. The interest penalty shall be paid within fifteen (15) days after issuing the warrant. B. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by calling the State Comptroller's Hotline at 1-800-848-3792. ARTICLE IX. STANDARD CONDITIONS The County agrees to be bound by the Standard Conditions set forth below: 1. 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 reduction of the appropriation in accordance with Chapter 216, Florida Statutes (F.S.). 2. Extension of an Agreement for contractual services shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement, unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the contractor. ~ - 3. Al~ bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 4. All bills for any travel expenses, if authorized by this Agreement, shall be submitted in accordance with Section 112.061, F.S. 5. The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the contractor to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, F.S., and made or received by the contractor in conjunction with the Agreement. 6. The County shall provide the Department with an annual financial audit which meets the requirements of Sections 11.45 and 216.349, F.S., and Chapter 10.550, Rules of the Auditor General. A copy of the Countyts annual financial audit should be forwarded to: Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard The Sadowski Building 5 - - '- """" Tallahassee, Florida 32399-2100 7. Pursuant to Section 216.347, F.S., the County agrees that no funds from this Agreement will be expended for the purpose of lobbying the Legislature or a state agency. 8. The State of Florida will not intentionally award pub1icly- 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. 9. 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. [The remainder of this page has been intentionally left blank.] ..... - 6 ~ '-' .., ARTICLE x. TERMS AND CONDITIONS This Agreement and its referenced attachments constitute all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date written below. FOR THE COUNTY: FOR THE DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ST. LUCIE COUNTY BY: Authorized County Official BY: Authorized Department Official Name/Title Name/Title Date Date .". - Federal Employer ID Number -- -- - -- '-' ...., ATTACHMENT A SCOPE OF WORK AND SCHEDULE OF PAYMENTS HAZARDOUS MATERIALS SITE-SPECIFIC HAZARDS ANALYSES PURPOSE Submission of completed hazards analyses that comply with the hazards analysis criteria outlined in this Attachment. The primary guidance document is the "Technical Guidance for Hazards Analysis." All hazards analyses shall be consistent with the provisions of this document. Any variation from the procedures outlined in this document must be requested in writing by certified mail, return receipt requested and approved by the Department. I. DESCRIPTION OF WORK TASK 1: Coordination of Activities The following includes, but is not limited to, activities to be performed under this Agreement: A. Notification of the County's contact person, address, telephone number and software utilized to the Department by December 31,· 1999, as outlined in Article IV. B. Submission of one completed hazards analysis by December 31, 1999 for review for consistency with the established planning criteria. .... - C. Participation in a technical assistance training session provided by the Department is necessary to fulfill the Scope of Work. The Department reserves the right to waive this requirement. D. Submit a list of facilities in the County believed to have present Extremely Hazardous Substances (EHSs) as designated by the Environmental Protection Agency (EP~) in quantities at or above the TPQ, but have not reported to the SERC and are not included on Attachment B. E. Notify response agencies within the County of the availability of hazards analyses information and make that information available upon request. F. Notify Section 302 facilities of the availability of hazards analysis information and make that information available upon request. TASK 2: Review and Update of Hazards Analvses A. Review and update hazards analyses for all facilities listed in Attachment B, which have reported to the State Emergency 8 - '-' ..., Response Commission (SERC) that they have present those specific EHSs designated by the EPA in quantities at or above the Threshold Planning Quantity (TPQ). It is required that each Attachment B facility be contacted by written survey, telephone or on-site visit to ensure accuracy of hazards analysis. Each facility hazards analysis must include, but is not limited to, the following items: 1. Facility Information a. Facility name and address Provide both physical address (no Post Office Box) and mailing address, if different. Identify any discrepancies regarding facility name and/or address compared to the Attachment B listing. b. Facility Identification SERC Code and geographic coordinates (latitude and longitude) . c. Facility Emergency Coordinator Provide the name, title and telephone number (include 24-hour) of the designated facility coordinator. d. List of EHSs on site ... - Provide by Chemical Abstract Services (CAS) number a list of all EHSs used, produced, or stored at the facili ty. e. Transportation Routes List the main routes used to transport chemicals to and from the facility. f. Evacuation Routes Based on wind direction, identify the route(s) to exit the Vulnerable Zone (VZ) g. Historical Accident Record Describe any past releases or incidents that have occurred at the facility. Include date, time, chemical name, quantity and number of persons injured or killed (This information is available from the facility). 9 '. '-' 'WI 2. Hazard Identification a. Chemical identities Provide proper chemical name, CAS number and natural physical state of each EHS according to exhibit C of the Technical Guidance for Hazards Analysis. b. Maximum quantity on-site Express in exact pounds (not range codes) the maximum quantity of each EHS the facility would have on-site at any given time. c. Amount in largest container or interconnected vessels Express in pounds the amount of each EHS stored in the largest vessel or interconnected vessels. d. Type and design of storage container or vessel Indicate the storage method of each EHS, i.e., drum, cylinder, tank, and their respective capacities This includes system types such as manifold versus . e. Nature of the hazard ".."... - Describe the type of hazard most likely to accompany a spill or release of each EHS, i.e., fire, explosion. 3. Vulnerability Analysis a. Extent of the Vulnerable Zone Identify the estimated geographical area that may be subject to concentrations of,~n airborne EHS at levels that could cause irreversible acute health effects or death to human populations within the area following an accidental release. Plot that geographical area on a map, indicating the Vulnerable Zone. b. Estimate Facility Population Provide an estimate of the number of employees at the facility. c. Critical Facilities List facilities and their populations within the VZ which are essential to emergency 10 - ~ ..., .' response or house special needs populations, i.e., schools, public safety facilities, hospitals, etc., and their maximum expected occupancy. Individual critical facility populations and total populations within VZs shall be provided. d. Estimated Exposed Population Provide an estimate of the maximum possible population within the VZ that would be affected in a worst case release. 4. Risk Analysis a. Probability of release Rate the probability of release as Low, Moderate, or High based on observations at the facility. Considerations should include history of previous incidents and current conditions and controls at the facility. b. Severity of consequences of human injury Rate the severity of consequences if an actual release were to occur. c. Severity of consequences of damage to property ~ - Describe the potential damage to the facility, nearby buildings and infrastructure if an actual release were to occur. d. Severity of consequences of environmental exposure Describe the potential damage to the surrounding environmentally sensitive areas, natural habitat and wildlife if an actual release were to occur. e. Historical Accident Record B. Identify and list those facilities in Attachment B for which a hazards analysis was not submitted. Supporting documentation must be provided with the list to account for the facilities for which a hazards analysis was not completed. In addition to the SERC Code Identification, supporting documentation should indicate: 1. Facility has closed or is no longer in business. 2. Facility is not physically located in the County (indicate appropriate county location, if known) . 11 '-' ..., " 3. Facility does not have EHSs on-site or EHSs are below TPQ. These facilities require: a. A Statement of Determination from the facility representative for the previous reporting year; or b. A letter from the facility representative fully explaining why the EHSs are not now present at or above TPQ. TASK 3: On-Site Visits A. Conduct a detailed on-site visit for a minimum of fifty (50) percent of the facilities listed in Attachment S, to confirm the accuracy and completeness of information in the hazards analysis (Task 2). Prioritize the facilities to be visited based upon the following criteria: 1. New facilities. 2. Facilities not visited during the previous contract year. Note: It is encouraged that each Attachment B facility receives an on-site visit. This will allow for the achievement of the 100 percent on-site visitation goal desired by the SERC. S. Submit a site plan map of the location of EHSs at the facility with sufficient detail to identify: -".. - 1- Location of major building(s) 2. Location of container(s) of EHSs 3. Location of major streets and entrance(s) 4. North arrow and scale, if determined, or not to scale C. Provide a list of the fifty (50) percent of facilities visited and the date of the on-site visit. TASK 4: Final Work Product Submission of one (1) copy of completed hazards analyses for all facilities listed in Attachment S in a format acceptable to the Department for review and approval. Upon final approval of all analyses submitted, a complete and corrected second copy shall be sent to the Local Emergency Planning Committee. A copy of the transmittal letter shall be submitted to the Department. Documentation that all subject facilities have been notified of the availability of the hazards analyses information within the time frames provided in this Agreement. 12 . . ...... ....., II. SCHEDULE OF PAYMENTS A. The first payment of twenty (20) percent of the fixed fee amount is payable upon receipt of items listed in Article IV.B. of this Agreement, which are due on or before December 31, 1999. B. After the initial payment, the payment percentage will be made on a performance basis that is commensurable with the percentage of hazards analyses for facilities appearing on Attachment B submitted and approved as indicated on Attachment C, Financial Invoice. Fifty (50) percent of the hazards analyses shall be received by the Department not later than June 1, 2000 except that a later date may be" agreed upon in writing by both parties to this Agreement. The final fifty (50) percent shall be received by the Department not later than August 1, 2000. Absent any extenuating circumstances, and except as otherwise provided in this Article, work submitted after August 1, 2000 will not be accepted, reviewed or compensated. C. Twenty-five (25) percent of the fixed fee amount will not be released until the final work product is completed and determined to be acceptable by the Department, a transmittal letter confirming that an approved copy of the hazards analyses has been sent to the LEPC, and documentation that all facilities for which a hazards analysis was conducted have been notified of the availability of the hazards analyses information. This should be completed no later than December 1, 2000. ~ - 13 - ... , -. '-' ATTACHMENT B COUNTY FACILITY LISTING 14 ...." -". - . .. -- - ... .... .. DEPARTMENT: LlN\:O-LlNE TRANSFER REQU~T OMB/Public Safety DATE: 11/01/99 :¡.. 1 < ¡ " 0 ~ " !,; ';1~Y:'~~'>4"' ~ ',~1Ei~]í~=t~r tZCciõIDm¡¡;~~w¡;' 'J~ifi; ,·.;~,I§tl~;;1~ TO: 001247-2510-389901-200 Funding Reserves $3,696 $0 001247-2510-599305-200 Funding Reserves $3,696 $0 001247-2510-531000-200 Professional Services $2,750 $0 001247-2510-540000-200 Travel $2,000 $0 001247-2510-547000-200 Printing & Binding $500 $0 001247 -2510-547005-200 Printing & Binding - Material Ctr $500 $0 001247-2510-549110-200 General & Administrative Charge $872 $0 001247-2510-551000-200 Office Supplies $790 $0 001247-2510-552000-200 Operating Supplies $1,500 $0 001247-2510-551200-200 Equipment <$750 $1,500 $0 001247 -2510-551501-200 Office Supplies - Computer $500 $0 001247-2510-552910-200 Uniforms $500 $0 001247 -2510-564000-200 Machinery & Equipment $6,892 $0 FROM: 001247-2510-334202-200 001247 -2510-534000-200 Dept of Community Affairs -Pub Other Contractual Services $3,696 $22,000 $22,000 $22,000 REASON FOR TRANSFER: To appropriate the incoming grant funds in accordance with the grant budget agreement and to adjust overbudgeted funds, We budgeted $22,000 while the actual award is $18,304. 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OZ ~ Q) OW t::: W:!: N t::: 0 _0.. ~ (.) 0- ~ ::)::) I ..JO I- co .W ~ Q) ..- CI) en ~ 0 ..c.: <.!> "'0 ~ t::: co ~ ~ t::: ~ >- .E:! 0 t::: ~ ~ ,0 ~ .;:; 0 <.!> co - ::ï ~ :s I 0 ex:¡ t::: 0 :J ~ 0 Q Lu :it 0 ¡:.: z w 0 a::: z ~ I- W :!: z ~ z 0 w 0 ¡:¡: :!: « ü) ¡::. c.. c.. :> en ::) w ::) 0 c 2i ., w . , , ~NDA REQUEST ......,EM NO. C2C DATE: Nov, 16, 1999 REGULAR [ PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Public Safety (E.M.) Jack T. Southard SUBJECT: 9G-19 Grant. County Emergency Managament Preparedness and Assistance Trust Fund Program Base Grant (EMPA). BACKGROUND: Base grant provided by the Department of Community Affairs Division of Emergency Managament. Agreament Number 00CP-05-10-66-01-056. Amount of $103,764.15. The revenue was included in the proposed budget for fiscal year 1999-2000. (see attached mamo from DCA) . FUNDS AVAILABLE: 001246-2510-200 (Emergency Managament Preparedness And Assistance Trust Fund) RECOMMENDATION: Staff recommends the Board of County Commissioners Approve the agreament appropriating the grant funds along with Equipment Request No's EQOO-175 through EQOO-178 and authorize the Chairman to execute the document. [ ""] [ ] APPROVED OTHER: [ ] DENIED Do glas Anderson County Administrator COMMISSION ACTION: /7 '2J Review and AP::Q"S~ / County Attorney: (, VL Management & Budge ~ Originating ::~þ!c~~ Other Finance: (CheC~Or Copy only, If applicable) _____ Purchasing: Other: Eff, 5/96 ~ ...." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA FROM: Jack T. Southard, Public Safety Manager /1 Daniel S. Mcintyre, County Attorney ~ f./ ,{ TO: C.A. NO. 99-1350 DATE: October 5, 1999 SUBJECT: Emergency Management Preparedness Assistance (EMPA) Base Grant Agreement - FY1999-2000 ------------------------------------------ ------------------------------------------ The Agreement referenced above is approved as to form. DSM/caf í v ...., STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Helping Floridians create safe, vibrant, sustainable communities" JEB BUSH Govemor STEVEN M. SEIBERT Secretary September 21, 1999 The Honorable Paula A. Lewis Chairperson, St. Lucie County Board of County Commissioners 2300 Virginia A venue Fort Pierce, Florida 34982 Dear Ms. Lewis: Enclosed are four copies of the Agreement for the Emergency Management Preparedness and Assistance Base Grant between your county and the Department of Community Affairs for Fiscal Year 1999-2000. The amount of the contract represents the slightly higher allocation approved by the 1999 Legislature ($105,806) less your county's portion of the statewide satellite service costs. The deduction for satellite communication services for Fiscal Year 1999-2000 is $3,129. Your contract shows a credit in services (see attached) for Fiscal Year 1999-2000 due to an overcharge for your county's Satellite Communications Equipment. If you have requested a carryover of funds from your current year (1998-99) Agreement, that amount is also reflected in the contract total. I encourage you to read the contract and attachments thoroughly. The October 1, 1999 - September 30, 2000 activities detailed in your revised Five- Year Strategic Plan, currently being negotiated and approved through your area coordinator, will become your Scope of Work, Attachment A-I. The 1999-2000 Agreement cannot be fully executed until this document has been completed and approved. Before returning the Agreement, be sure to indicate on Attachment F, FundinglMatching, in either Section B.l or B.2., whether an advance payment is being requested. All requests for funding advancement should be accompanied by a detailed justification. Please sign and return all four copies to this office. A fully executed copy will be returned for your records. 2555 SHUMARD OAK BOULEVARD' TALLAHASSEE. FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX. (850) 921-0781/Suncom 291-0781 Internet address: http://www.dca.state.fl.us FLORIO A KEYS GREEN SWAMP ~ . ._' ......_,_ ,....~_~_._ ,·_1...-....__ '-' ...." .. The Honorable Paula A. Lewis September 21, 1999 Page Two Please submit to this office a copy of the current Position Description detailing the duties and responsibilities of all positions to be paid from these grant funds, including the full-time Emergency Management Director as defined in Rule 9G-19.002(6), Florida Administrative Code. By signing this contract, the Board of County Commissioners certifies its intention to employ and maintain a full-time county emergency management director in compliance with Rule 9G- 19.004(1), Florida Administrative Code. Be sure that all remaining reports/work products required under your current year contract are completed and submitted to us on time. Failure to provide this information may result in delaying execution of your new contract until any deficiencies are corrected. We look forward to continuing to work with you during this seventh year of the Emergency Management Preparedness and Assistance Program. If you have any questions about this Agreement or about this program, please contact me at (850) 413-9894 or the Community Assistance Consultant assigned to your county (see attached). Sincerely, ~ uJ. ~"Qr!. Edgar W. Gonesh, Manager Emergency Management Preparedness and Assistance Grant Program EWG/dgs Enclosures cc: County Emergency Management Director '-'. ...." Contract Number: OOCP-OS-IO-66-01-0S6 GRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and ST. LUCIE COUNTY, (hereinafter referred to as the "County"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the Department is authorized, pursuant to Section 252.373, Florida Statutes, and Rule Chapter 9G-19, Florida Administrative Code. to disburse funds for emergency management grants to counties; and WHEREAS, the County is eligible to receive said funds and agrees to comply with all the requirements of this Agreement and Rule Chapter 9G-19, Florida Administrative Code. NOW, THEREFORE, the Department and the County do mutually agree as follows: 1. SCOPE OF WORK AND FUNDING The County shall fully perform the obligations in accordance with the Scope of Work, Attachments A and A-I of this Agreement. Funding for performance of the Scope of Work shall be provided in accordance with Attachment F. II. INCORPORATION OF LAWS. RULES. REGULATIONS AND POUCIES Both the County and the Department shall be governed by applicable State and Federal laws, rules and regulations, including, but not limited to, those identified in Attachment B. ID. PERIOD OF AGREEMENT This Agreement shall begin October 1, 1999 and shall end September 30,2000, unless tenninated earlier in accordance with the provisions of Paragraphs VII. or IX. of this Agreement. All requests for reimbursement must be submitted within 30 days after the tennination date of the Agreement. No reimbursement requests received after November 1, 2000 be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. IV . MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be effective only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. No change to the terms and conditions of this Agreement, including the Scope of Work, shall be effective until filed and approved in accordance with the provisions in Attachment A. Howev~r, changes to the amount of funding to be provided may be accomplished by notice from the Department to the County, in the form of certified mail, return receipt requested. The Department may make an award of additional funds by subsequent A ward Letter certified '-'- ,." mail, return receipt requested, to the COl.mtYS contact identified in paragraph VITI, below. Should the County determine it does not wish to accept the award of additional funds, then the County shall provide notice to the Department contact within thirty (30) days of receipt of the Award Letter. Otherwise, the County shall provide to the Department its written notice of acceptance within forty-five (45) days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to include the .additional funds upon receipt of the written notice of acceptance. V. MONITORING The County shall constantly monitor its performance under this Agreem~nt to ensure that time schedules are being met, the Scope· of Work is being accomplished and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in accordance with Attachment D. Records of such activities Shall be created and retained in accordance with Attachment C. VI. LIABILITY The County shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement For pmposes of this Agreement, the County agrees that it is not an employee or agent of the Department. VIT. NONCO!vfPLIANCE. REMEDŒS. AND TERMINATION A. If a County fails to comply with any term or condition applicable to an award under Rule Chapter 9G-19 or any term or condition including, but not limited to, federal and state laws, agreements, rules and regulations, applicable to any other funding for the County :irlministered by the Division, then the Department shall take one or more of the following actions, as indicated by the attendant circumstances: 1. temporarily withhold cash payments, pending correction of the deficiency, or more severe enforcement action; 2. disallow all or part of the cost of the activity or action not in compliance; 3. suspend or terminate the award; 4. disallow future participation in the program or funding provided under this rule cbapter; 5. recover all funds provided under the current award. B. Costs of the County resulting from obligations 'incurred by the County dming suspension or after termination of an award are not allowa1;>le unless the Department expresslyatithorizes them in the notice of suspension or termination, or subsequently authorizes them in writing. Other County costs during suspension or after termination which are necessary and not reasonably avoidable may, in the sole discretion of the Department, be allowable if: 2 ·~ ..""", 1. the costs result from obligations which were properly incurred by the County before the effective date of the suspension or termination, are not in anticipation of the suspension or termination, and, in.the case of termination, are not cancelable, and 2. the costs would be allowable if the award were not suspended or expired normally at the end of the period in which the termination occurs. C. C01.mties with terminated grants shall remain obligated to provide all required closeout infonnation. D. In the event that any audit determines that costs reimbursed or otherwise funded under this Agreement should be disallowed, then the County sball return those disallowed funds to the Department In the alternative, the Department may, in its sole discretion, offset the disallowèd amount against any current or future awards to the County from any other grant agreement or contract with the County administered by the Department. . E. Actions taken for noncompliance constitute :final Department action under Chapter 120, Florida Statutes, as amended. Notification of such actions shall include notice of administrative hearing rights and time ftames. F. The County sball return funds to the Department iffound in non-compliance with laws, rules, or regulations governing the use of the funds or this Agreement G. This Agreement may be temrinate~ by the written mutual consent of the. parties. VIII. NOTICE AND CONTACT A. The Department designates Edgar W. Gonesh, Planning Manager, Division of 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 Affàirs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 E-Mail ~edgar.gonesh@dca.state.fl.us . B. The signer of this Agreement or hislher designee sball be the County's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to·himlher at the following address: JACK T. SOUTHARD 101 NORTH ROCK ROAD FORT PIERCE, FT.ORTDA 14Q4') Telephone #: (561) 462-1736 {. 3 '-" .."", C. All payments relating to this Agreement shall be mailed to the following address: . . AI1MINISTRATION BUILDING '. 2300 VIRGINIA AVENUF. FORT PIERCE. FLORIDA 34982 ATTN: FINANCE DEPT. D. 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 repre~t:ative will be rendered as provided in Paragraph VIII. A and B above. IX. OTIffiR PROVISIONS A. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and ~ submitted or provided by the County, in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requiiements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material chånges shall, at the option of the Department and with thirty (30) days written notice to the County, cause the termination of this Agreement and the release of the Department from all its obligations to the County. B. This Agreement sbaII be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement sballlie in Leon County. If any provision hereof is in conflict with.any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision cjf this. Agreement. C. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the County shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the County. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. D. The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. X. AUDIT REOUIRBvŒNTS A. The County agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of ftmds under this Agreement. B. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily sbaII mean normal business hours of8:00 a.m. to 5:00 p.m., local time, Monday through Friday. . 4 - '-'" ...., C. County shall also provide the Department with the records, reports or financial statements upon request for the pUIpOses of auditing and monitoring the :funds awarded under-this Agreement D. The County shall submit an Audit of Agreement Compliance to the Department as provided herein. If the County receives or èxpends $300,000 or more in Federal awards in its fiscal year, then the County shall conduct an audit performed by an independent Certified Public Accountant or other entity independent of the county in accordance with the standards of the Comptroller General as specified in the General Accounting Office. Standards for Audit of Governmental Organizations, Programs, Activities and Functions, and generally accepted auditing standards established by the American Institute of Certified Public Accountants. The Agreement number of this grant must be identiñed with the audit submitted. Such audit shall also comply with the requirements of Sections 11.45, 216.349, and 216.3491, Florida Statutes and Chapter 10.550, Rules of the Auditor General, and, :to the extent applicable, the Single Audit Act of 1984, as amended, 31 USC 7501 through 7507, O:MB Circular A-87 and OMB Circular A-133, as revised June 24, 1997, or thereafter. If the County receives or expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133 is not required, but an audit may otherwise be required under Section 216.3491, Florida Statutes, and roles adopted pursuant thereto. 1. The audit report shall include all management letters and the County's response to all findings, including corrective actions to be taken. 2. The audit report shall include a schedule of finandal assistance specifically identifying all Agreement and grant revenue by sponsoring Department and Agreement number. 3. The complete financial audit report, including all items specified herein, shall be sent directly to: Department of Community Affairs Office of Inspector General 2555 Shumard Oak Boulevard Ta1laha.."Isee, Florida 32399-2100 E. In the event the audit shows that the entire ftmds, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the County shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the County of such non-compliance. F. The County shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. G. The County shall have all audits completed by an Independent Certified Public Accountant (ICP A) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The ICPA shall state that the audit complied with the applicable provisions noted above. 5 - '-" ...., H. The audit will be submitted no later than April 30, 2001. 1. The Department may require the County to undertake such further or additional audits as determined necessary or appropriate including, but not limited to, past and current organization-wide audits.· Such audits may be necessary to determine the adequacy, accuracy, and reliability of the County's internal controls, fiscal. and management systems established to safeguard the County's assets and to ensure compliance with this Agreement. J. If this Agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit after such c1ose-out. XI. SUBCONTRACTS AND PROCUREMENT A. If the County subcontracts any or all of the work required under this Agreement, the County agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department B. The County agrees to include in the subcontract a provision that the subcontractor sball hold the Department and County harmless against all claims of whatever nature arisiri.g out of the subcon1ractor's performance of work under this Agreement, to the extent allowed and required by law. See Attachment E for any additional terms and conditions pertaining to subcontracts. XII. TERMS AND CONDITIONS The Agreement contains all the terms and conditions agreed upon by the parties. XIII. ATT ACIDv.ŒNTS A. All attachments to this Agreement are incorporated as if set out fully herein. B. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. XIV. STANDARD CONDmONS The County agrees to be bound by the following standard conditions: A. 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. B. If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement There shall be only one extension of the Agreement wùess the failure to meet the 6 '-"" ...., criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the C01mty. C. All bills for fees or other compensation for services or expenses sball be submitted in detail sufficient for a proper preaudit and postaudit thereof. D. If otherwise allowed tmder this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Florida Statutes. E. The. Department reserves the right to unilaterally cancel this Agreement for refusal by the County to allow public access to all documents, papers, letters or other material subject to the provisions ofCbapter 119, Florida Statutes, and made or received by the C0lID:ty in conjunction with the Agreement. F. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 D.S.C. Section 1324a(e). [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized 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. G. 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 cònstruction 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 of36 months from the date of being placed on the convicted vendor list. xv. STATE LOBBYING PROHIBmON No funds or other resources received fiom the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state Department. XVI. LEGAL AUTHORIZATION The County certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided lIDder this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The County also certifies that the undersigned possesses the authority to legally execute and bind County to the terms of this Agreement. 7 '-" ...., XVII. EQUIPMENT AND PROPERTY MANAGEMENT The County acknowledges the completed installation of a Hughes Network Systems, Inc., Personal Earth Station® and related equipment (hereiDafter "the Equipmenf'). The County acknowledges and agrees to comply with applicable terms. and conditions of: (1) the State of Florida LeaselPurcbase Agreement, dated October 1994, executed between Hughes Network Systems, Inc. ("ENS"), and the Department, (a copy of which is available from the Department) regarding thè procmement and use of the Equipment; and (2) the Services Agreement Between Hughes Network Systems, Inc., and the State of Florida, dated January 1995, (a copy of which is available from the Department) (hereinafter, collectively, "the HNS Agreements") regarding the operation of an interactive satellite communications service for the Department, the County and other sites. In particular, the County agrees: . A. That any reports of problems with the Equipment or system, trouble reports, and any requests for repairs, service, maintenance or the like, shall be communicated directly and exclusively to the Department's StateWaming Point (SWP) (904) 413-9910. B. That the County will assist and comply with the instructions of the SWP and any technical service representative responding to the report or service request County personnel shall cooperate with and assist service representatives, as required, for installation, troubleshooting and fault isolation, with adequate staff. C. That the County shall not change, modify, deinstall, relocate, remove or alter the Equipment, accessories, attachments and related items without the express written approval of the Department D. That the County shall provide access,·subject to reasonable security restrictions, to the Equipment and related areas and locations of the County's facilities and premises, and will arrange permitted access to areas of third-party .facilities and premises for the purpose of inspecting the Equipment and performing work related to the Equipment Service representatives and others performing said work shall comply with the Cotmty's reasonable rules and regulations for access, provided the Department is promptly furnished with a copy after execution of this Agreement The COtmty shall provide safe access to the Equipment and will maintain the environment where the Equipment is located in a safe and secure condition. The County shall provide service representatives with access to electrical power, water and other utilities, as well as telephone access to the County .facility as required for efficient service. E. That the County shall take reasonable steps to secure the Equipment and to protect the Equipment from damage, theft, loss and other hazards. This shall not obligate the County to procure ÍnSmance. The Department agrees to procure and maintain all risks insmance coverage ·on the Equipment The County agrees to refrain from using or dealing with the Equipment in any manner which is inconsistent with the HNS Agreements, any policy of insurance referred to in the HNS Agreements, any applicable laws, codes ordinances or regulations. The County shall not allow the Equipment to be misused, abused, wasted, or allowed to deteriorate, except Lormal wear and tear resulting from its intended use. The County shall immediately report any damage, loss, trouble, service interruption, accident or other problem related to 8 '-" ,., the Equipment to the SWP, and shall comply with reasonable instructions issued thereafter. F. That any software supplied in connection with the use or installation of the equipment is subject to proprietuy rights of Hughes Network Systems, Inc., and/or HNS's vendor(s) and/or the Department's vendor(s). The use of one copy of said software is subject to a license granted from fINS to the Department, and a sublicense from the Department to the County, to use the software solely in the operation of the Equipment, to commence on delivery of the software to the County and to last for the term of the HNS Agreements. The County shall not: (i) copy or duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii) create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information provided in connection with the Equipment. The County shall not, directly or iIidirect1y, sell, transfer, offer, disclose, lease, or license the software to any third party. G. To comply with these provisions until the termination of the HNS Agreements. H. The amounts retained for the satellite service cover the initial order for services provided to the Department pursuant to the services agreement between Hughes Network Systems and the State of Florida. The charge does not cover maintenance, repair, additional equipment and other services not part of the initial order for services. The service charge covers only the remote corrective maintenance specified in paragraph 4.3 of the Service Agreement with HNS and does not cover other maintenance, repair, additional equipment and other services not part of the initial order for services. In particular, the service charge does not cover: 1. Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident, lightning, theft, misuse, fault or negligence of the County or causes external to the Equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of data communication Equipment not provided to the County by the Department under this Agreement, or from any cause other than intended and ordinary use. 2. Changes, modifications, or alterations in or to the Equipment other than approved upgrades and configuration changes. 3. Deinstallation, relocation, or removal of the Equipment or any accessories, attachments or other devices. The County shall be independently responsible for any and all charges not part of the initial service order. 9 '-" ....", XVIII. CO.N1MUNICATIONS COSTS By its execution of this Agreement, the County authorizes the Department to deduct the appropriate costs of the recuning charges for the satellite communications Service from the allocation provided to County under Ru1e 9G-19.005(3), Florida Administrative Code. The deduction is $3,129 for twelve months minus a credit for satellite communications equipment costs deducted in previous years. In the event the County desires to continue use of the National Warning System (NA WAS) line, then the County shall assume all operational and fiscal responsibility for the NA WAS line and equipment in the County. . XIX. VEHICLES Written approval from the Director of the Division of Emergency Management must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement In the absence of such approval, the Department will have no obligation to honor such reimbursement request. XX. CERTIFICATIONS By its execution of this Agreement, the County certifies that it is cwrently in full compliance with the RuIe Chapters 9G-6, 9G- 7, 9G-11, and 9G-19, F .A. C., Chapter 252, Florida Statutes and appropriate administrative rules and regulations that guide the emergency management program and associated activities. . The County certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund (EMP A funds) will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. The County further certifies that EMP A funds shall not be expended for 911 services, emergency medical services, law enforcement, criminal justice, fire service, public works or other services outside the emergency management responsibilities assigned to the County Emergency Management Agency, unless such expenditure enhances emergency management capabilities as expressly assigned in the local comprehensive emergency management plan. 10 '-'" ..., By its signature below, the County reaffirms its certification to employ and maintain a full- time Director consistent with Section 9G-19.002(6), Florida Administrative Code. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. COUNTY: BY: Name and title: . Date: Federal Employer I.D. STATE OF FLORIDA DEPARTMENT OF coMMUNITY AFFAIRS BY: Name and Title: Joset'h F. Mvers. Director Date: 11 '-' ...., Attachment A SCOPE OF WORK Base Grant funding from the Emergency Management, Preparedness and Assistance Trust Fund is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management PIan and Program (reference Ru1e Chapters 9G-6 and 7, F.A.C. and Chapter 252, F.S.). This Scope of Work recognizes that each county is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards and serves a unique population. In order to receive base grant funding, each county must certify that it will use the award to enhance its Emergency Management Program. . As a condition of receiving funding pursuant to this Agreement, the County shall complete the work items that fall between October 1, 1999 and September 30, 2000, listed in the most recently revised Five-year Strategic Plan, as approved by the Department The revised Five-year Strategic Plan is attached hereto as Attachment A-I. Subsequent revisions during the term of this Agreement shall be those submitted in writing by the County, approved by the Department, and on file in the Division. The document evidencing the approved scope of work shall be the most recent Strategic Plan for the County on file in the Division of Emergency Management, Bureau of Compliance Planning and Support, evidencing approval by Division staffhoused in Tallahassee. As a further condition of receiving funding under this Agreement, the County shall, following full or partial County Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level three (3) or above during the period of this Agreement, then the County shall, within forty-five (45) days following the conclusion of the activation, evaluate the performance of all elements of the local emergency management program during that activation, and provide a written after action report to the Department Funds may not be used for items such as door prizes and gifts. Flyers and promotional items to promote the Emergency Management Program are allowable. Food and beverages may be purchased for Emergency Management personnel and other personnel only if the County Emergency Operation Center or field command office is in an activated status and personnel receiving foodlbeverage are on duty at either of these locations. Purchases may be made only under 1) An Executive Order issued by the Governor or 2) a State of Emergency appropriately declared by local officials in response to an emergency event or threat. Within 60 days of execution of this Agreement, the County shall provide copies of any new or updated ordinances in effect which expressly address emergency management, disaster preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the local emergency m~naeement program provided in 5.252.38, F.S. 12 ~ ..." Attachment B PROGRAM STATUTES AND REGULATIONS 1. Chapter 252, Florida Statutes 2. Ru1e Chapters 9G-6, 9G-7, 9G-II, 9G-I9 and 9.0-20 Florida Administrative Code 3. Chapter 287, Florida Statutes 4. Chapter 119, Florida Statutes 5. Chapter 112, Florida Statutes 6. ONfB Circular A-87 13 '-' .""" Attachment C RECORD KEEPING A. All original records pertinent to this Agreement shall be retained by the County for three years following the date of termination of this Agreement or of submission of the final c1ose-out report, whichever is later, with the following exceptions: 1. 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. Records for the disposition of non -expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for three years after closing of title. B. All records, including supporting documentation of a1I program costs, shall be sufficient to determine compliance with the requirements and objectives ofllie Scope of Work, Attachments A and A-I, and all other applicable laws and regulations. C. The County, its employees or agents, including all subcontractors or consultants to be paid .;.. from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, 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 Department 14 '-' ...." Attachment D REPORTS' A. The County shall provide the Department with quarterly financial reports, semi-annual summary progress reports prepared in conjunction with the Department's Area Coordinator, and a final close-out report, all in a format to be provided by the Department. B. Quarterly reports shall begin with the first quarter of the county fiscal year; are due to the Department no later than thirty (30) days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the final close-out . report. The ending dates for each quarter of this program year are December 31, March 31, June 30 and September 30. C. The final close-out report is due forty-five'(45) days after termination of this Agreement. D. In addition to the above, in order to ensure compliance with Rule 9G-19.011, F.A.C., historical budgetary information relating to the County Emergency Management Program is also required. This information shall be developed based on guidelines provided by the Department and shall be submitted to the Department not later than December 31, 1999. E. A proposed staffing summary and budget summary describing planned expenditure of funds provided under this Agreement toward the completion of items detailed in Attachments A and A-I shall be submitted to the Department in a format provided by the Department not later than December 31, 1999. F. If all required reports, budget summary and budgetary information prescribed above are not provided to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraphs VII. and IX, and Rule 9G-19.014. F.A.C. "Acceptable to the Department" means that the work product was completed m accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. G. Upon reasonable notice, the County shall provide such additional program updates or information as may be required by the Department. H. All report formats provided by the Department shall be made available to the County on the Division's internet site. 15 ~ ...."" Attachment E PROCUREMENT. SUBCONTRACTS AND SUBGRANTS A. All subcontracts entered into by a County in connection with any portion of the Scope of Work sball contain all terms of the County's Agreement with the Department B. The County shall send a copy of any subcontracts entered into in connection with implementing the Scope of Work to the Department within 30 days after their effective dates. C. The County shall not award sub grants using funds awarded pursuant to this Agreement D. The County shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted, the County shall utilize competitive procurement practices. E. Allowable costs sball be determined in accordance with· Office of Management and Budget Circular A-87. 16 - ~. ." Attachment F RJNDINGIMA TCHING A. This is a cost-reimbursement Agreement. The County shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $103,764 subject to the availability of funds from the Department. The amount of funds available pursuant to this rule chapter may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Funds received from the Emergency Management, Preparedness and Assistance Trust Fund may not be used to supplant existing funds, nor shall funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. B. Any advance payment under this Agreement is subject to s. 216.181(14), Florida Statutes. Up to twenty-five (25) percent of an award may be advanced. If an advance payment is requested, the budget data on which the request is based and a justification letter shall be submitted. The letter will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. Indicate below which method of payment is preferred: 1. xx No advance payment is requested; payment will be made solely on a reimbursement basis. 2. An advance payment of $ is requested; balance of payments will be made on a reimbursement basis. (Justification letter must be provided; advanced funds may not exceed 25 % of total eligible award) C. After the initial advance, if any, any further payments shall be made on a quarterly . reimbursement basis. Additional reimbursement requests in excess of those made quarterly may be approved by the Department for exceptional circumstances. An explanation of the exceptional circumstances must accompany the request for reimbursement. The County agrees to expend funds in accordance with the Scope of Work, Attachments A and A-I of this Agreement. D. All funds received hereunder shall be placed in an interest-bearing account with a separate account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the County by the Department that are not expended in implementing this program shall be returned to the Department, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. E. . The County shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. F. Allowable costs shall be determined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. 17 ... i . .....,. ....., G. At a minimum, the County shall continue to provide other funding for the County Emergency Management Agency at an amount equal to either: (1) the average of the previous three years' level of county general revenue funding of the County Emergency Management Agency; or (2) the level of funding for the County Emergency Management Agency for the last fiscal year, whichever figure is lower. County general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the local emergency management agency as defined by Section 252.38, Florida Statutes, shall not be included in detennining the "level of county funding of the County Emergency Management Agency." The County shall certify compliance with this rule chapter and this rule by its execution of this Agreement, and as a condition precedent to receipt of funding. H. Should the County wish to carry forward, into the fiscal year beginning October 1, 2000, any unspent funds awarded under this Agreement, the County must request such carry forward of funds in writing to the Department by July 31, 2000. This request must include a detailed explanation and justification for the request and may not exceed an amount equal to 25 % of the initial amount awarded ($105,806) under this Agreement. Failure to timely submit information, or failure to submit complete information, may result in the denial of a request to carry funds forward. Any carry forward amounts approved will be added to the County's following year's base Agreement. Funds may not be carried forward for the purpose of paying salaries and benefits of regular or Other Personal S~ryi~es personnel. 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"t:J LO C\ en e::: I (t] co 0:: ~ W 0 CI) ~ C\ ~ .... Z 0 Q) C 0 ...... C 0 CI) N (t] I en Ø') ,CI) en Ø') "Õ Ø') :E- CI)~ :Eo:: Q) CI) 0< '- Uw ~ ~ ó:: )-)- Q) Q) W C >< e::: al 1-...1 w Q) e::: ::E Z< c ~ (t] :J ::::>u Z c .E E: z w oen ::E w CI)...... ~ uü: > O')e::: z ::E 0 e::: ,~ :J u.o:: 0 0:: ì.i::: ,$2 0 00 U Il. ,92 :t: u W Il. ~ Q) u cu. 0:: < ..0 « 0::1- ~ e? <en ~ 0 . OW e:::E:~ £Xl::::> (3 (t] e::: )-0 e:::.2 l- e::: '- I-w o ...... zo:: <: ._ CI) e::: ...... 0') ro ::::>1- ~ ro e::: I.;; Q3 ì.i::: 0') OZ <.!> 0.·92 E: uW ~ w:E O~Q ~ ~...... -E _a.. <.) e::: "t:J u- ::::>::::> I e::: Q) Q) Q) CI) CI) ...10 I- o>e?(t] .w a5 ~ o...t:: I- ~ E: "t:J ~ en lU e::: =:3 <.!> Q) (t] 0. ~ ..t:: Q) Q) ..............0 >- ~ ~ (t] :::::: I- o e? '§ UJ >- -.;::; <.) lJ.. 0 "t:J 0 ...... ~ aJ Q)...... e::: CI)~ Q) co =:3 (t] E: " (J (!) .... ::¡ ffi Q)...... .9- 0 CI) ..0 CI) =:3 c :::> ~ ~~ Z 0 a.. UJ :it a ¡:.; z w 0 0:: Z ¡:.; ~ ~ w z « z ::E z w 5:2 w ~ :! ::E 0:: Q u.. « CJ) ~ ~ ~ Il. :> :J en :J w a :J a c Õ w ""') w ~- - - ~ AGENDA REQUES'?' c~~A :ITEM NO. DATE: November 16,1999 CONSENT [X] REGULAR ] PUBL:IC HEAR:ING [ ] Leg. [ ] Quasi-JD. [ ] a ,~~Y: lia Shewchuk irector TO: BOARD OF COUNTY COMM:ISS:IONERS SUBM:ITTED BY (DEPT): Communi tv DeveloDment SUBJECT: BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ )(] APPROVED [ ] OTHER: County Attorney. ../originating Dept s Consider authorizing the submittal of a grant application to the Florida Department of Transportation One Time Wages/Transit Support Grant Program on behalf of the St. Lucie County Community Services Department. The Florida Department of Transportation announced the availability of one-time grant awards for transit and commuter assistance projects in support of WAGES clients. FDOT has allocated $8 million in grant funds to be distributed throughout the state to improve existing services by funding vehicles, salaries, administration, and marketing programs. The Community Services Department requests Board - approval to apply for this one-time grant opportunity with the following partners: WAGES, St. Lucie County Council on Aging, and Martin County Council on Aging. If funded, the grant will provide operating expenses for a new bus line that carries WAGES clients, the elderly and students to the many businesses and services located along the US 1 corridor in St. Lucie and Martin Counties. Providing a fixed route on US 1 is consistent with the 2020 Long Range Transportation Plan Update Transit Element, the Congestion Management System and the St. Lucie County Transit Development Plan. Although no matching funds are required, this program will complement and be coordinated with planned and existing transit programs provided by the Councils of Aging, St. Lucie County, City of Ft. Pierce, Martin County and WAGES. No matching funds are required for this project. The Board has approved the concept of a fixed bus route along US 1 through the approval of the Comprehensive Plan Mass Transit Element. Staff recommends that the Board authorize the submittal of a grant application to the Florida Department of Transportation One Time Wages/Transit Support Grant Program on behalf of the Community Services Department. DENIED s ....Mgt r. Budget. ..6ther. Æð( C"~~1 ~cu. Purchasings V vTinance. (copies only). Other. ..... ,,~ ...... TO: FROM: DATE: SUBJECT: '-' ...., COUNTY COMMISSION REVIEW: November 16, 1999 DEPARTMENT OF COMMUNITY DEVELOPMENT Administration MEMORANDUM Bo.ard of Count.YìÇommissioners y:~' ~cffL ~a Shewchuk, Community Development Director November 16, 1999 Consider authorizing the submittal of a grant application to the Florida Department of Transportation One Time WAGES / Transit Support Grant Program on behalf of the St. Lucie County Community Services Department. A coalition of transit providers have been working together to prepare this application by the November 22, deadline for operating and marketing expenses for a US 1 corridor bus line for St. Lucie and Martin County. Since there is a FTA Section 9 grant opportunity to purchase buses, this W AGES grant application will request operating expenses for a fixed route bus line. The Council on Aging for St. Lucie and Martin Counties have coordinated their efforts with the Work and Gain Economic Sufficiency Program (W AGES) to provide a bus service for many residents of St. Lucie and Martin Counties. Providing a fixed route along US 1 has been identified in the October 1997 Metropolitan Planning Organization Congestion Management System, the St. Lucie Urban Area Transportation Study 2020 Long Range Transportation Plan Update Transit Element, St. Lucie County Comprehensive Plan Evaluation and Appraisal Report Mass Transit Element and St. Lucie County Transit Development Plan Final Report. Thus, St. Lucie County Community Services, Councils on Aging and W AGES Program are committed to seek grant funds to make this fixed route goal a reality to benefit all residents of St. Lucie County. Since no matching funds are required for this WAGES Transit grant application, the applicant will only highlight additional transit programs that will complement this project and demonstrate their long term commitment to provide transportation to the public. The US 1 corridor has traditionally been one of the most congested areas in the St. Lucie County since many of the dense housing development and commercial areas line this transportation route. For that reason, the potential users of this fixed route system are only a short distance from future bus stops. A marketing plan will encourage use of the bus line and work with neighboring communities to locate the bus stops at the best locations. Since this dedicated team is committed to providing a service for WAGES clients, transportation disadvantaged residents and the general public, this grant application will help the County reach its mass transit goals. .".,.'fIY '-" ,..." AGENDA REOUEST ITEM NO. C-3b DATE: November 16, 1999 CONSENT X REGULAR PUBLIC HEARING [ ] Leg. [ ] Quasi -JD. 1=;UR,TF.CT . Public Hearing Advance Notice. PRESENTED BY: .~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Community Development RACKGROUND: The following public hearings will be scheduled for the County Commissioners meeting of November 23, 1999, at 7:00 p.m., or as soon thereafter as possible. 1. BNG PARTNERS, INC. (THOMAS LUCIDO & ASSOCIATES, AGENT), for a Change in zoning from the RS-3 (Residential, Single-Family - 3 dufacre) zoning District to the RM-9 (Residential, Multiple- Family - 9 dufacre) Zoning District for the following described property: (Location: Wes~ side of Lennard Road, approximately 0.50 mile south of Tiffany Avenue) 2. DFR, LLC (-STEVE TIERNEY, AGENT), for a Conditional Use Permit to allow farm products and warehousing in the AG-1 (Agricultural - 1 dufacre) zoning District for the following described property: (Location: 8455 Orange Avenue) 3. JERRY HILL AND MARGO STEVENS (HOYT C. MURPHY, INC., AGENT), for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 dufacre) zoning District to the RE-2 (Residential, Estate - 2 dufacre) Zoning District for the following described property: (Location: East side of Christensen Road, approximately 0.80 mile north of West Midway Road) 4. RESERVE HOMES, LTD., L.P., a Florida Corporation, for the establishment of the Reserve Community Development District #2 at the Development of Regional Impact known as the Reserve. The purpose of this review is to consider authorizing the establishment of a special district for the purpose of funding community infrastructure, services and facilities along with their operations and maintenance, in portions of the Reserve DRI referred to as PUD II, excluding development Parcels 15A and 17 in PUD II, but including PGA Golf Course #4 at the Reserve, and including the area referred to as Mainstreet village SID, but excluding the publicly maintained portions of Reserve Commerce Center Drive within these areas. FUND1=; AVATT,ART,E· Not Applicable. PRF.VI01J1=; ACTION· None. RECOMMF.NDATION· Staff recommends that the Board acknowledge the Public Hearing schedule for November 23, 1999. COMMISSION ACTION: [x.] [ ] APPROVED OTHER: DENIED County Attorney: )Y rnnrrlin;¡t-inn/Rioni=lotnTPR Mgt & Budget: Purchasing: Originating Dept: Other: Other: Finance: (copies only) : .,. ~ ...., COUNTY COMMISSION REVIEW: NOVEMBER 16,1999 CONSENT AGENDA MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board ofCoun~y commis~ JU1~uk'~unity Developmeut Director November 9, 1999 FROM: DATE: SUBJECT: Advance Notice for Public Hearings It is requested that the Board of County Commissioners authorize the following public hearings for November 23,1999, at 7:00 P.M. or as soon thereafter as possible. 1. BNG PARTNERS, INC. (fHOMAS LUCIDO & ASSOCIATES, AGENT), for a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the RM- 9 (Residential, Multiple-Family - 9 du/acre) Zoning District for the following described property: (Location: West side of Lennard Road, approximately 0.50 mile south of Tiffany Avenue) 2. DFR, LLC (STEVE TIERNEY, AGENT), for a Conditional Use Pennit to allow fann products and warehousing in the AG-l (Agricultural - 1 du/acre) Zoning District for the following described property: (Location: 8455 Orange Avenue) 3. JERRY HILL AND MARGO STEVENS (HOYT C. MURPHY, INC., AGENT), for a Change in Zoning from the AR-l (Agricultural, Residential- 1 du/acre) Zoning District to the RE-2 (Residential, Estate - 2 du/acre) Zoning District for the following described property: (Location: East side of Christensen Road, approximately 0.80 mile north of West Midway Road) 4. RESERVE HOMES, LTD., L.P., a Florida Corporation, for the establishment of the Reserve Community Development District #2 at the Development of Regional Impact known as the Reserve. The purpose of this review is to consider authorizing the establishment of a special district for the purpose of funding community infrastructure, '-" ..., Page 2 November 9, 1999 Advance Notice for Public Hearings services and facilities along with their operations and maintenance, in portions of the Reserve DR! referred to as PUD II, excluding development Parcels ISA and 17 in PUD II, but including PGA Golf Course #4 at the Reserve, and including the area referred to as Mainstreet Village SID, but excluding the publicly maintained portions of Reserve Commerce Center Drive within these areas. Please call me if you have any questions. JS/jrnr cc: County Administrator County Attorney File ¡t*"" '-' AGENDA REQUEST IT~ NO. l)-I DATE: November 16, 1999 REGULAR [ ] PUBLIC HEARING [ ] ADDITIONS CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney James W. Lancaster Assistant County Attorney SUBJECT: Consider Approval of Filing Motion to Intervene in Proceedings before Federal Energy Regulation Commission Concerning Gulfstream Natural Gas System, L.L.C. BACKGROUND: Gulfstream Natural Gas System, L.L.c. ("Gulfstream") has submitted an application with the Federal Energy Commission (the "Commission") for a certificate of public convenience and necessity authorizing the construction and operation of natural gas pipeline facilities, some of which will be located in unincorporated St. Lucie County. Attached is a copy of a Motion of St. Lucie County, Florida, for Leave to Intervene and Statement in Support of Motion to Intervene. The purpose of filing this motion is to reserve the County's right to participate in the proceeding if it becomes necessary to protect the interests of the citizens of St. Lucie County. In this motion, the County does not take a position either for or against the application. The purpose is simply to preserve the County's rights. The date for filing the motion is November 15, 1999 and, therefore, it was necessary to file the motion and request the Board's approval after the fact. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board grant after-the-fact approval for filing a Motion of St. Lucie County, Florida, for Leave to Intervene in the proceedings before the Federal Energy Regulatory Commission to consider application of Gulfstream Natural Gas System, L.L.c. to construct and operate natural gas pipeline facilities. [~] APPROVED [ ] DENIED [ ] OTHER: COMMISSION ACTION: County Attorney: ;11.. Man~:e~:n: :nB:d:::rovaIS Originating Dept. ~,tl./- Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Eft. 5/96 ,-,. .....", UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Gulfstream Natural Gas System, L.L.C. Docket Nos. CPOO-6-000, CPOO-7-000, and CPOO-8-000 MOTION OF ST. LUCIE COUNTY FLORIDA FOR LEAVE TO INTERVENE AND STATEMENT IN SUPPORT OF MOTION TO INTERVENE I. St. Lucie County, Florida, pursuant to Section 15 of the Natural Gas Act ( "NGA") , 15 U.S.C. Section 717n, and Rule 214 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission ("Commission"), submits this motion for leave to intervene in the above-captioned proceeding. In support of this motion, the following is respectfully submitted: II. The name, title and mailing addresses of the person to whom pleadings, documents or communications concerning this motion are to be addressed is: -. Douglas M. Anderson St. Lucie County Administrator 2300 Virginia Avenue Ft. Pierce, FL 34982 Telephone: 561/462-1450 Fax: 561/462-2131 III. St. Lucie County is a political subdivision of the state of Florida, and has its principal place of business at 2300 Virginia -1- '-" ,..., Avenue, Ft. Pierce, county government. FL 34982 and lS engaged in the business of IV. According to a Notice issued on October 15, 1999, Gulfstream Natural Gas System, L.L.C. ("Gulfstream") filed in this docket an application pursuant to and in accordance with Section 7(c) of the Natural Gas Act ("NGA") and the optional certificate procedures of Part 157(E) of the Commission's regulations, for a certificate of public convenience and necessity authorizing the construction and operation of natural gas pipeline facilities. On that same date, Gulfstream filed in Docket No. CPOO-7-000 for a blanket certificate of public convenience and necessity to render firm and interruptible transportation services on an open access basis pursuant to Part 284(G) of the Commission's regulations and for approval of initial rates. Also, Gulfstream requests in Docket No. CPOO-8-000 the issuance of a blanket certificate of public convenience and necessity under Part 157(F) of the Commission's regulations authorizing certain facility construction, operation and abandonment, all as more fully set forth in the applications which are on file with the Commission. v. St. Lucie County as a political subdivision of the State of Florida has governmental jurisdiction over all of unincorporated St. Lucie County. Based on this, St. Lucie County has a direct interest in this proceeding which is not adequately represented by any other party, and which may be directly affected by an Commission decision herein. St. Lucie County, therefore, is an interested party to these proceedings within the meaning of Section -2- '-' ""-" 15 of the NGA, and Rule 214 of the Commission's Rules, and its part~cipation herein will be in the public interest. VI. It is St. Lucie County's position that the project will have an impact on unincorporated St. Lucie County. At this point in the proceedings, however, St. Lucie County cannot judge the extent nor the nature of this impact. For this reason, St. Lucie County cannot reasonably state a position either for or against the project. However, it is in the public interest of the citizens of St. Lucie County to allow St. Lucie County to intervene in this proceeding and thus allow the County to protect their interests. WHEREFORE, for the foregoing reasons, St. Lucie County respectfully requests that the Commission grant its motion to intervene in this proceeding and that St. Lucie County be made a party to this proceeding. Respectfully submitted, DANIEL S. MCINTYRE Florida Bar No. 287571 St. Lucie County Attorney -- ~~C:;:R~ Florida Bar No. 0716979 Assistant County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 561/ 462-1441 Attorneys for Intervenor Dated at Ft. Pierce, Florida this 12th day of November 1999. -3- ~ ...., CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served by U.S. mail the following document upon Richard H. Leehr, Vice President, Gulfstream Natural Gas System, L.L.C., Corporate Office, 2502 Rocky Point Drive, Suite 1040, Tampa, FL 33607. ~701 ~ am s W. Lancaster -4 - ~ ...", ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 AGENDA November 16, 1999 Frannie Hutchinson Cliff Barnes District 4 District 5 1. REORGANIZATION A. ELECT THE CHAIRMAN The Clerk of the Court will preside and call for nominations for a new Chairman of the St. Lucie County Mosquito Control District. B. ELECT THE VICE-CHAIRMAN The Chairman will preside and call for nominations for a new Vice-Chairman. RECESS-UNTIL AFTER THE BOARD OF COUNTY COMMISSIONERS MEETING RECONVENE 2. MINUTES Approve the minutes of the meeting held November 9, 1999. 3. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LIST Approve Warrants List No.7 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 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. ~ ~ MOSQUITO CONTROL DISTRICT ST, LUCIE COUNTY FLORIDA REGULAR MEETING Date: November 9, 1999 Tape: 2 Convened: 10:45 a.m. Adjourned: 10:46 a.m. Commissioners Present: Chairman, Doug coward, Paula A Lewis, Frannie Hutchinson, Cliff Barnes, JohnD. Bruhn Others Present: Doug Anderson, County Administrator; Dan McIntyre, County Attorney; Ray Wazny, Public Works Director; James David, Mosquito Control Director; Julia Shewchuk, Community Development Director; Don West, County Engineer; Harvey Lincoln, M & B Manager, Bill Blazak, Utilities Director; Deputy Nickel; A Millie Delgado, Deputy Clerk 1. MINUTES (2-215) It was moved by Com. Lewis, seconded by Com. Barnes, to approve the minutes of the meeting held October 26, 1999; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENT~ None 3. CONSENT AGENDA It was moved by Com, Hutchinson, seconded by Com. Bruhn, to approve the Consent Agenda with item C-3 pulled for a later date; and, upon roll call, motion carried unanimously. - 1. WARRANT LIST The District approved Warrant List Nos. 5 and 6. 2. MOSQUITO CONTROL Hurricane Floyd- The District approved the emergency repair contract with Richmond Electric and authorized the Chairman to execute the ,:t~reement 3. COUNTY ATTORNEY License Agreement- This item was pulled There being no further business to be brought before the District, the meeting was adjourned at 10:46 a,m. Cha:trnan Clerk of Circuit Court -1- 11/15/99 ST. '!rJCIE COUNTY - BOARD .....,; PAGE 1 FZABWARR WARRANT LIST I 7- 06-NOV-1999 TO 12-NOV-1999 FUND SUHHARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 3,531. 78 1,166.27 GRAND TOTAL: 3,531. 78 1,166.27 '-" "'" ST. LUCIE COUNTY EROSION DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA November 16, 1999 1. REORGANIZATION A. ELECT THE CHAIRMAN The Clerk of the Court will preside and call for nominations for a new Chairman of the St. Lucie County Erosion District. B. ELECT THE VICE-CHAIRMAN The Chairman will preside and call for nominations for Vice-Chairman. RECESS- UNTIL AFTER THE BOARD OF COUNTY COMMISSIONERS MEETING RECONVENE 2. MINUTES Approve the minutes of the meeting held November 9,1999. 3. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LIST Approve Warrants List No.7. 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 ofthe 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 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. '-" "wII EROSION DISTRICT~·, ST. LUCIE COUNTY, FLORIDA . " '., REGULAR MEETING Date: November 9, 1999 Tape: 2 Convened: 10:46 a.m. Adjourned: 10:53 a.m. Commissioners Present: Chairman, Frannie Hutchinson, Paula A. Lewis, Cliff Barnes, John D. Bruhn, Doug Coward Others Present: Doug Anderson, County Administrator; Dan McIntyre, County Attorney; Ray Wazny, Public Works Director; Julia Shewchuk, Comrriunity Development Director; Don West, County Engineer; James David, Mosquito Control I?irector; Harvey Lincoln, M & B Manager, Bill Blazak, Utilities Director; Deputy Nickel, A . Millie Del?ado, Deputy Clerk 1. MINUTES (2-242) It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the minutes of the meeting held October 12, 1999; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS Me. David Keown, Lakewood Park resident, addressed the Board stating his opposition to renourishing of the beaches. 3. CONSENT AGENDA (2-262) It was moved by Com. Coward, seconded by Com. Bruhn, to approve the Consent Agenda with the deletion of Warrant List Nos. 53 and 2; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The District approved Warrant List Nos. 54, 55 and 3,4,5 and 6. 2. PUBLIC WORKS Engineering/Contract Extension- The District approved the agreement with Taylor Engineering, Inc., providing for a one year extension of professional selVices related to beach nourishment and coastal engineering, and authorized the Chairman to execute the agreement. There being no further business to be brought before th~ District, the meeting was adjourned at 10:53 a.m. ". ~. -' ~ Chairman Clerk of Circuit Court 11/15/99 ST .~CIE COUNTY - BOARD FZABVARR VARRANT LIST # 7- 06-NOV-1999 TO 12-NOV-1999 FUND SUMHARY- EROSION FuND TITLE 184 Erosion Control Operating Fund GRAND TOTAL: EXPENSES 244.98 244.98 ...." PAGE 1 PAYROLL 0.00 0.00 '-' ~ ST. LUCIE COUNTY ENVIRONMENTAL CONTROL BOARD BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis Frannie Hutchinson Clirr Barnes District 3 District 4 District 5 AGENDA November 16, 1999 1. REORGANIZATION A. ELECT THE CHAIRMAN The Clerk of the Court will preside and call for nominations for a new Chairman of the St. Lucie County Environmental Control Board. B. ELECT THE VICE-CHAIRMAN The Chairman will preside and call for nominations for Vice-Chairman. RECESS- UNTIL AFTER THE BOARD OF COUNTY COMMISSIONERS MEETING RECONVENE 2. MINUTES Approve the minutes of the meeting held October 2, 19~ 3. GENERAL PUBLIC COMMENT NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record ofthe 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 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. '-" '-.i ENVIRONMENTAL CONTROL BOARD ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 2, 1999 Tape: 2 Convened: 10:47 a.m. Adjourned: 10:47 a.m. Commissioners Present: Chairman, Doug Coward, (;liffBarnes, Frannie Hutchinson, Paula A Lewis, John D. Bruhn Others Present: Doug Anderson, County A.dministrator: pan McIntyre, County Attorney, Julia Shewchuk, Community Development Director; Denms Murohy, Asst. Community Development r Director, Ray Wazny, Public Works Director; Bill Blazak, Utilities Director; Harvey Lincoln, M & B Manager, Don West, County Engineer, Deputy Nickel, A Millie Delgado, Deputy Clerk 1. MINUTES (2-501) It was moved by Com. Bruhn, seconded by Com. Lewis, to approve the minutes of the meeting held July 27, 1999; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Environmental Control Board, the meeting was adjourned at 10:47 a.m. Chairman Clerk of Circuit Court