HomeMy WebLinkAboutAgenda Packet 01-04-00
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NOTICE
THE JANUARY 4, 2000 BOARD OF COUNTY COMMISSIONERS
MEETING WILL BEGIN AT 6:00 PM IN THE COUNTY
COMMISSION CHAMBERS. THE MEETING WILL BEGIN
WITH APPROVAL OF MEETING MINUTES, GENERAL PUBLIC
COMMENT, APPROVAL OF THE CONSENT AGENDA AND
WILL BE FOLLOWED BY THE PUBLIC HEARINGS
SCHEDULED.
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JANUARY 4,2000
6:00 PM
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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 ofthe 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 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.
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BOARD OF COUNTY
COMMI5SIONERS --
www.stlucieco.gov
John D. Bruhn
Doug Coward
Paula A. Lewis
Frannie Hutchinson
Cliff Barnes
District 1
District 2
District 3
District 4
District 5
AGENDA
January 4, 2000
6:00 P.M.
INVOCATION
PLEDGE OF ALLEGIANCE
1. MINUTES
Approve the minutes of the meeting held December 21,1999. fJ¡:{xoNð 9/ D
2. GENERAL PUBLIC COMMENT
3.
CONSENT AGENDA
Appfðrw ~ .6;-0
PUBLIC HEARINGS
PUBLIC WORKS/ENGINEERlNG
4. Resolution No. 99-295/North AlA M.S.B.U.! Potable Water Improvements - St. Lucie County
Utilities - Consider staffrecommendation to approve the resolution to levy a non-ad valorem
special assessment on the North AlA M.S.B.U., approve the preliminary assessment roll, and
authorize the couu~^gi:~e~ to proceed with coustructiou ofthe project.
~~cJ/Ò
5. PUBLIC WORKS
Widening of S. 25th Street from Midway Road to Edwards Road - Consider staff
recommendation to concur with the 12 point proposal made by Mr. Chesser, District Four
Secretary, Florida Department of Transportation, and select Option 1 as the choice for
funding, and that the Board recpmmend that the MPO select this funding option.
ftp P(ó {'e£l 5 ---0
6. COUNTY ATTORNEY
A. Hawthorn Suites / Resolution No. 00-28/ Intent to Reimburse from Bond Proceeds -
Consider staff recommendation to adopt Resolution No. 00-28 Approv"€d-- ~ !5 -()
B. Hawthorn Suites / Resolution No. 00-29/ Creating a Not-for-Profit Corporation for
financing capital projects - Consider staff recommendation to adopt Resolution
No. 00-29 PrrÇ(o'f'ci @ 6-û
NOTICE' All Proceedings before this Board are electronically recorded. Any person who decides to appeal anà'
action taken by the BoarQ at these meetings will peed. a record of the proceedmgs and for such purpose may !lee
to ensure that a verbatim record of the proceedmgs IS made. Upon the requesf of any party t9 the proceedmgs,
individuals testifying during a hearing will be sworn in. Any paI1Y to the proceedings wIll be gra~ted. (he
opportunity to cross-examine any indivIdual testifying during a hearing upon request. Anyone with. a dlsabl.hty
re uirin accommodation to attend this meeting should contact .the St. Lucie Co.unty Commu~lty ServIces
M~nage; at (561) 462-1777 or TDD (561) 462-1418 at least forty-elght(48) hours prior to the meetmg.
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CONSENT AGENDA
January 4. 2000
1. WARRANTS LIST
Approve warrants lists No. 13 and No. 14
2. COUNTY ATTORNEY
A. Resolution No. 2000-01 - Consider staff recommendation to approve the resolution
commending Matthew A. Stephens of Troop 444 for achieving the rank of Eagle Scout.
B. Grant Award Agreement 1 Bluefield Ranch - Consider staff recommendation to
approve the grant award agreement, authorize the Chairman to sign the agreement
and direct staff to record the document in the Public Records of St. Lucie County.
3. PURCHASING
A.
B.
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Bid No. 99-0661 Potable Water Improvements North AlA M.S.B.U. - Consider staff
recommendation to award the bid for North AlA M.S.B.U. Potable Water
Improvements to Barton Underground Construction in the amount of $38,537.50.
Authorize the Chairman to sign the contract as prepared by the County Attorney.
Establish the project budget as outlined. Approval contingent upon the adoption of
the assessment roll.
RFP No. 00-003 1 Archaeological Survey Phase 1 (Re-issue) - Consider selection
committee recommendation to enter into a contract with Archaeological and Historical
Conservancy, Inc., and authorize the Chairman to sign the contract as prepared by the
County Attorney.
Bid No. 99-0841 Midway Road and NSLRWCD Canal 90 at McCarty Road Control
Wall Replacement - Consider staff recommendation to reject all bids and re-advertise
the bid with revised bid documents.
D.
Piggy Back Bid - Consider staff recommendation to approve the request to piggy back
the Port St. Lucie sod bid with Nature's Keeper, Inc., and authorize the Chairman to
sign the contract.
E.
Hurricane Irene Emergency Purchase Orders - Consider staff recommendation to
approve the emergency purchase orders issued.
4. ADMINISTRATION
Lobbyist Services - Consider staff recommendation to enter into an agreement with Lewis,
Longman & Walker, P.A. for lobbyist services in an amount not to exceed $22,000.
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CONSENT AGENDA
JANUARY 4, 2000
PAGE TWO
5. COMMUNITY DEVELOPMENT
A. Final Plat Approval! D. Moore's SID - Consider staff recommendation to approve the
final plat of D. Moore's SID and authorize its final execution.
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 January 18, 2000, at 7:00 p.m., or as soon thereafter as
possible.
1. APOSTLE FAITH ÇHURCH OF DELIVERANCE, INe., for a Change in
Zoning from the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District
to the I (Institutional) Zoning District. Location: West side of North 43rd
Street, approximately 150 feet north of Avenue "M"
2. ST. FRANCIS OF ASSISI CATHOLIC SCHOOL FOUNDATION, INC., for
a Conditional Use Permit to allow a Bingo Establishment in the CG
(Commercial, General) Zoning District. Location: 8421-8453 South U.S.
Highway No.1 (St. Lucie Palm Center)
6. AGRICULTURE
A. Environmental Horticulture Agent Position - Consider staff recommendation to accept
the University of Florida's offer to fund 30% of the position.
B. Part-time Horticulture Specialist Position - Consider staff recommendation to approve
the request to create a part-time position for the Agriculture Division and approve
position request No. EXTOO-0032 from savings derived from the full-time
Environmental Horticulture position.
7. MANAGEMENT AND BUDGET
Budget Resolution No. 00-027 - Consider staff recommendation to approve the resolution and
acceptance ofthe additional Bulletproof V ests grant award from the US Department of Justice
in the amount of $2,000 and authorize the County Administrator to sign the electronic grant
award document.
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JANUARY 4,2000
6:00 PM
...,
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 ofthe 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.
MEETlNGS- 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 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.
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BOARD OF COUNTY
COMMI5SIONERS .-.
www.stlucieco.gov
John D. Bruhn
Doug Coward
Paula A. Lewis
Frannie Hutchinson
Cliff Barnes
District 1
District 2
District 3
District 4
District 5
AGENDA
January 4, 2000
6:00 P.M.
INVOCATION
PLEDGE OF ALLEGIANCE
1. MINUTES
Approve the minutes of the meeting held December 21, 1999.
2. GENERAL PUBLIC COMMENT
3. CONSENT AGENDA
PUBLIC HEARINGS
1~
PUBLIC WORKS/ENGINEERlNG
4.
Resolution No. 99-295/North AlA M.S.B.U.I Potable Water Improvements - St. Lucie County
Utilities - Consider staff recommendation to approve the resolution to levy a non-ad valorem
special assessment on the North AlA M.S.B.U., approve the preliminary assessment roll, and
authorize the County Engineer to proceed with construction of the project.
5;/
V
PUBLIC WORKS
Widening of S. 25tb Street from Midway Road to Edwards Road - Consider staff
recommendation to concur with the 12 point proposal made by Mr. Chesser, District Four
Secretary, Florida Department of Transportation, and select Option 1 as the choice for
funding, and that the Board recommend that the MPO select this funding option.
6.
TY ATTORNEY
Hawthorn Suites 1 Resolution No. 00-281 Intent to Reimburse from Bond Proceeds -
Consider staff recommendation to adopt Resolution No. 00-28
v
Hawthorn Suites 1 Resolution No. 00-29 1 Creating a Not-for-Profit Corporation for
financing capital projects - Consider staff recommendation to adopt Resolution
No. 00-29
NOTICE' All Proceedings before this Board are electronically recorded. Any person who decides to appeal anð
action taken by the Boarö at these meetings will ~eed. a record of the proceedmgs and for such purpose may ~ee
to ensure that a verbatim record of the proceedmgs IS made. Upon the requesf of any party t9 the proceedm1i:'
individuals testifying during a hearing will be sworn in. Any paJ1y to the proceedings will be gral!ted. t. e
opportunity to cross-examine any individual testifying during a hearing upon r~quest. Anyone with. a dlsabl.hty
re uirin accommodation to attend this meeting should contact .the St. Lucie Co.unty Commu~lty Services
M~nage; at (561) 462-1777 or TDD (561) 462-1428 at least forty-elght(48) hours pnor to the meetmg.
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CONSENT AGENDA
Januarv 4, 2000
1. WARRANTS LIST
Approve warrants lists :No. 13 and No. 14
2. COUNTY ATTORNEY
A. Resolution No. 2000-01 - Consider staff recommendation to approve the resolution
commending Matthew A. Stephens of Troop 444 for achieving the rank of Eagle Scout.
B. Grant Award Agreement 1 Bluefield Ranch - Consider staff recommendation to
approve the grant award agreement, authorize the Chairman to sign the agreement
and direct staff to record the document in the Public Records of St. Lucie County.
3. PURCHASING
A. Bid No. 99-0661 Potable Water Improvements North AlA M.S.B.U. - Consider staff
recommendation to award the bid for North AlA M.S.B.U. Potable Water
Improvements to Barton Underground Construction in the amount of $38,537.50.
Authorize the Chairman to sign the contract as prepared by the County Attorney.
Establish the project budget as outlined. Approval contingent upon the adoption of
the assessment roll.
B. RFP No. 00-003 1 Archaeological Survey Phase 1 (Re-issue) - Consider selection
committee recommendation to enter into a contract with Archaeological and IDstorical
Conservancy, Inc., and authorize the Chairman to sign the contract as prepared by the
County Attorney.
C. Bid No. 99-0841 Midway Road and NSLRWCD Canal 90 at McCarty Road Control
Wall Replacement - Consider staffrecommendation to reject all bids and re-advertise
the bid with revised bid documents.
D. Piggy Back Bid - Consider staff recommendation to approve the request to piggy back
the Port St. Lucie sod bid with Nature's Keeper, Inc., and authorize the Chairman to
sign the contract.
E. Hurricane Irene Emergency Purchase Orders - Consider staff recommendation to
approve the emergency purchase orders issued.
4. ADMINlSTRA TION
Lobbyist Services - Consider staff recommendation to enter into an agreement with Lewis,
Longman & Walker, P.A. for lobbyist services in an amount not to exceed $22,000.
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CONSENT AGENDA
JANUARY 4, 2000
PAGE TWO
5. COMMUNITY DEVELOPMENT
A. Final Plat ApprovalJ D. Moore's SID - Consider staffrecommendation to approve the
final plat ofD. Moore's SID and authorize its final execution.
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 January 18,2000, at 7:00 p.m., or as soon thereafter as
possible.
1. APOSTLE FAITH ÇHURCH OF DELIVERANCE, INe., for a Change in
Zoning from the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District
to the I (Institutional) Zoning District. Location: West side of North 43rd
Street, approximately 150 feet north of Avenue "M"
2. ST. FRANCIS OF ASSISI CATHOLIC SCHOOL FOUNDATION, INe., for
a Conditional Use Permit to allow a Bingo Establishment in the CG
(Commercial, General) Zoning District. Location: 8421-8453 South U.S.
Highway No.1 (St. Lucie Palm Center)
6. AGRICULTURE
A. Environmental Horticulture Agent Position - Consider staffrecommendation to accept
the University of Florida's offer to fund 30% of the position.
B. Part-time Horticulture Specialist Position - Consider staff recommendation to approve
the request to create a part-time position for the Agriculture Division and approve
position request No. EXTOO-0032 from savings derived from the full-time
Environmental Horticulture position.
7. MANAGEMENT AND BUDGET
Budget Resolution No. 00-027 - Consider staff recommendation to approve the resolution and
acceptance of the additional Bulletproof V ests grant award from the US Department of Justice
in the amount of $2,000 and authorize the County Administrator to sign the electronic grant
award document.
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: December 21, 1999
Tape: 1,2
Convened: 7:00 p.m.
Adjourned: 8:40 p.m.
Commissioners Present: Chairman, John D. Bruhn, Frannie Hutchinson, Paula A. Lewis, Cliff
Barnes, Doug Coward
,
Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County
Administrator, Dan McIntyre, County Attorney, Mike Leeds, Leisure Services Director, Bill
Blazak, Utilities Director, Jim David, Mosquito Control Director, Dennis Murphy, Asst.
Community Development Director, Don West, County Engineer, Charlie Bicht, Purchasing
Manager, Mike Bowers, Road and Bridge Manager, Mike Durette, Interim Central Services
Manager, Dorothy Jo Conrad, Tax Collector, Deputy Williams, A. Millie-Delgado, Deputy Clerk
1. MINUTES(I-032)
It was moved by Com. Coward, seconded by Com. Hutchinson, to approve the minutes of the
meeting held December 14, 1999; and, upon roll call, motion carried unanimously.
2. GENERAL PUBLIC COMMENTS
Mr. Richard Allison, Coastal Way resident, addressed the Board regarding the Coastal Cove area
which is to be acquired by the state.
The Mosquito Control Director advised Mr. Allison that approximately 114 acres of wetlands
will be acquired, however, he is not sure if all landowners will agree to sell but, what is acquired
will be made as pleasant as possible to view.
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Mr. Allison stated he would contact Code Enforcement regarding a trailer and debris on a piece
of property near his area.
Ms. Dolores Hogan Johnson, President of the Waterfront Council, addressed the Board an
FSTED proposal that the County Administrator is preparing. Ms. Johnson stated they do agree
that the dredging of Taylor Creek and the basin area is needed, but, they do have some concerns.
They are requesting that proper permitting be ascertained both State and Federal and the
possibility of the need for an environmental assessment.
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Mr. Paul Scholl, Port St. Lucie resident, addressed the Board in favor of raising impact fees. He
also addressed the fact that the Board may reconsider continuing Code Enforcement patrolling in
Indian River Estates. Mr. Scholl stated he would like Code Enforcement to continue to enforce
codes in the area.
3. CONSENT AGENDA(1-412)
It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the Consent Agenda; to
include the additions; and, upon roll call, the vote was as follows: Nay: Bruhn, Aye's: Barnes,
Coward, Lewis, Hutchinson; motion carried by a vote of 4 to 1.
1. Warrant List
The Board approved Warrant List No. 12.
2. PURCHASING
A.
Purchase Request- The Board approved the request for purchase of a used Caterpillar 950
F Wheel Loader for the Road and Bridge Division in accordance with the St. Lucie
County Purchasing Manual from Machinery Suppliers, Inc., in the amount of $89,400.
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B. Bid WaiverIPurchase Request- The Board approved the request for purchase of two dump
trucks for the Road and Bridge Division from Freightliner Trucks of South Florida in the
amount of $75,889.
C. RFP No. 99-085- Continuing Consulting Services for Utilities- The Board approved the
short list and granted permission to negotiate contracts with all five engineering firms to
be used on a rotating basis, and authorized the Chairman to sign the contracts as prepared
by the County Attorney.
D. Sole Source Purchase- The Board approved the sole source purchase and contract to
Florida Rock Industries, Inc., for Coquina Rock, and authorized the Chairman to sign the
contract.
E. Hurricane Irene and Hurricane Floyd Emergency Purchase Orders_", The Board approved
the emergency purchase orders issued.
3. ADMINISTRATION
Village Green Lease- The Board approved the second addendum to the shopping center
lease with Finova Capital Corporation for the period of February 1, 2000 to January 31,2002 for
Village Green property.
Board Comments:
The County Administrator addressed the Board on this issue and advised the Board of the re-
negotiated lease and it's terms.
Ms. Dorothy Jo Conrad, Tax Collector, advised the Board as to why moving from the Village
Green property would not be justifiable and informed the Board of the possible loss of
discretionary fees of$336,000 last year and returns back to the Board in excess fees. Ms. Conrad
stated if she was asked to move from the present location, she would have no choice but to lease
her own facility on U.S. # 1 which would interfere with her discretionary fees which she would
need to utilize rather than return them to the County.
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Com. Barnes commented on the congestion on Prima Vista and he could ñot see moving all these
different agencies to St. Lucie West and forcing all of the traffic down a two lane street such as
Prima Vista.
The County Administrator addressed the St. Lucie West facility and what offices will be moved
in order to accommodate the new courtrooms.
Com. Bruhn stated he had a difficult time spending this amount of money when there is a vacant
building available. He would prefer to rent the space at Village Green on a month to month basis
and see if a less expensive location can be found for the Tax Collector.
The County Administrator addressed Com. Bruhn's comments and advised the Board that when
he inquired about various locations with less square footage, the price was higher. He addressed
the vacant land adjacent to Village Green which he felt they could probably obtain and build a
facility for the same amount they are presently paying in rent.
Com. Bruhn stated he was not sure he wanted to build another building when there is vacant
space available.
The County Administrator advised the Board that they presently do not lÍåve vacant buildings
and are presently out of space. The only area available in St. Lucie West is the old utilities office
and that is approximately 10,000 square feet.
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Com. Coward stated they were discussing overlapping issues which they have not had the
opportunity to resolve. The issue tonight was to decide whether or not to continue with this
lease. The issues and recommendations which have not been resolved are those from the Public
Safety Council, this is the bigger issue. He suggested proceeding with this issue tonight and
tackle the other larger issue in the near future.
Com. Hutchinson suggested moving forward with the lease for a two year period since it would
take that long for anything else to get off the grounp.
ì
The County Administrator advised the Board that they would be bringing a whole package for
the Board to review in January. The package will include suggestions for the Board to consider
and following that, depending upon what is decided, they will address in the near future, Village
Green and what would be the best thing to do.
Com. Hutchinson stated she would feel more comfortable if the whole package including Village
Green, would be brought up ftont.
Com. Barnes suggested the idea that additional security costs for various buildings could be
translated into a building.
The County Administrator advised the Board that the Sheriff advised him that if in the event
courtrooms were added to the existing courthouse they would still have to staff the rooms with
bailiffs. He stated he would do a comparison if we were to stay with the entire operation at the
Ft. Pierce Courthouse as compared to the security cost at St. Lucie West, and the 7th St. Jail etc.,.
4. PUBLIC SAFETY
Disaster Relief Funding Agreement for Hurricane Floyd- The Board approved the
agreement between the State of Florida, Division of Emergency Management and St. Lucie
County BOCC.
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5. LEISURE SERVICES
A. Equipment Request No. 00-194- The Board approved the equipment request and the
purchase of a portable batting cage to replace a batting cage at Thomas 1. White Stadium
that was damaged by Hurricane Irene.
B. Historical Commission Appointment- The Board approved the request of the Historical
Commission to appoint Dr. Calvin Arnold to fill an at large positi~n on this Commission.
C. Facilities Lease Agreement/Savannas Recreation Area- The Board approved the Facilities
Use Agreement for the trailer at the Savannas Recreation Area and authorized the
Chairman to sign the agreement.
D. Budget Resolution No. 99-293- The Board approved accepting the $7,500 sponsorship
from the Medical Center of Port St. Lucie for the Youth Coalition, and approved the
budget resolution.
6. COUNTY ATTORNEY
A. Conceptual Approval Agreement-lNorth Fork of the St. Lucie River Greenway Addition-
The Board approved the conceptual approval agreement and authorized the Chairman to
execute the agreement.
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B. Conceptual Approval Agreement/Paleo Hammock- The Board approved the conceptual
approval agreement and authorized the Chairman to execute the agreement.
C. Agreement AmendmentIDomestic Relations Hearing Officer- The_Board approved the
Fifth Amendment to the agreement with Alberta S. Widman, Esquire, and authorized the
Chairman to sign the amendment.
D. Agreement Amendment/SHIP Program- The Board approved the Fifth Amendment to the
January 15, 1998 agreement with St. Lucie County Habitat for Humanity, Inc., and
authorized the Chairman to sign the amendment upon receipt of the signed originals ITom
Habitat.
E. Deputy Sheriff Blanket Bond- The Board approved the Blanket Bond and authorized the
Chairman to sign the bond.
F. South County Regional Stadium- The Board approved the Amended and Restated
Sublease with the City of Port St. Lucie and authorized the Chairman to sign the amended
and restated sublease.
7. UTILITIES
A. Work Authorization- The Board approved the work authorization with Camp Dresser &
McKee in the amount of$32,340 for design ofa force main interconnect for South
Hutchinson Island wastewater treatment system, and authorized the Chairman to sign the
authorization.
B. Work Authorization- The Board approved the work authorization with Camp Dresser &
McKee in the amount of $29,200 for the due diligence associated with the acquisition of
the Martin County water distribution system located within St. Lucie County on South
Hutchinson Island, and authorized the Chairman to sign the authorization.
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8. COMMUNITY DEVELOPMENT
A. Change Order No. 2/South AlA Bike Path- The Board approved the change order
authorizing the increase in the overall budget for this project by $16,300. The source of
funds for this additional work will be from Road Impact Fee Zone Number 5 (South
Hutchinson Island).
B. Change Order No. 2/North AlA Bike Path- The Board approved the change order
authorizing the increase in the overall budget for this project by $33,075. The source of
funds for this additional work will be from Road Impact Fee Zone Number 7 (North
Hutchinson Island).
C. Change Order No. 1/0leander Avenue/Sunrise Blvd. Sidewalk/Bike Path- The Board
approved the change order authorizing the increase in the overall budget for this project
by $20,740.
D. Permission to Advertise RFP- The Board granted permission to advertise for an RFP for
the FY 2000 Community Development Block Grant applications in the economic
development category.
9. MOSQUITO CONTROL
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A.
Contract Amendment/Queens Island Project Phase 1- The Board approved Amendment 2
to the Florida Department of Environmental Protection Contract No. SP476, extending
the project for time and authorized the Chairman to sign the amendment pending County
Attorney review and approval. The Board approved moving forward the federal grant
amendment forms for Queens Island Phase I through the State of Florida, Office of
Budget and Grants, extending the federal project for time.
B. Contract Amendment/Queens Island Project Phase 11- The Board approved forwarding
the federal grant amendment forms for Que~ns Island Phase II through the State of
Florida, Office of Budget and Grants, extenHing the project for time.
10. MANAGEMENT AND BUDGET
Budget Resolution No. 99-294- Platt's Creek Mitigation Area Grant - The Board
approved the budget resolution to appropriate and expend funds from the Florida Department of
Environmental Protection Grant for Platt's Creek Mitigation Area Acquisition.
ADDITIONS CONSENT AGENDA
COMMUNITY DEVELOPMENT
A-I. Appropriation Applications- The Board approved the authorization to submit the seven
competitive appropriation applications to the Water Advisory Council of the Florida Department
of Environmental Protection for direct State assistance funding. Also the Board approved an
additional grant application added by the Utilities Director for the installation of a lift station.
A.2 Permission to Advertise RFP No. 00-012- S1. Lucie Metropolitan Planning Organization
Long Range Transportation Plan 2025 Plan- The Board authorized the advertising of the RFP on
behalf of the S1. Lucie Metropolitan Planning Organization.
REGULAR AGENDA
4. ADMINISTRATION
-5-
'-'
....."
Funding Request- For consideration before the Board, was staff's recommendation to
approve the submittal of a letter to the Florida Ports Council requesting that the Florida Seaport
Tourism and Economic Development Council consider partial funding of the restoration of
Taylor Creek and an upland spoil site.
The County Administrator addressed the Board on this item.
The Mosquito Control Director gave a history on the property.
Com. Barnes expressed his frustration with this project taking so long to be accomplished and he
hopes staffwill move forward along with the consultants in completing the project.
Com. Bruhn expressed his concern with muck being placed so close to the river.
The Mosquito Control Director addressed his concern.
Com. Barnes suggested moving forward with the appraisals and if the Advisory Committee does
not like the site, or if the appraisals come in and they are not appropriate, then they'll be back to
the drawing board, he appealed to the Board to move forward.
The County Administrator suggested the Board approve moving ahead with the appraisals
contingent upon their approval (the Advisory Committee) at their meeting December 28, 1999
and then move forward with the appraisals.
'I'
Com. Barnes stated the Board is responsible for making the decisions and moving the county
forward, not the advisory committees.
Com. Coward suggested approving this to go forward and if it will come back up for review, if
there are concerns then that's ideal.
It was moved by Com. Lewis, seconded by Com. Coward to approve moving forward with the
appraisals and if the Advisory Committee does not like the site, or if the appraisals come in and
they are not appropriate, the will go back to the dréJ¡wing board; and, upon roll call, motion
carried unanimously. \
Com. Bruhn requested that more back up be provided on the alternate sites.
5. COUNTY ATTORNEY
A. Revised Job Growth Incentive Grant Agreement- For consideration before the Board was
staff's recommendation to approve the two revised agreement forms.
It was moved by Com. Coward, seconded by Com. Hutchinson, to approve staff
recommendation; and, upon roll call, motion carried unanimously.
B. Cultural Affairs Council- The Board was asked to nominate one applicant to fill an
existing vacancy onthe Cultural Affairs Council.
The nominees were: Louise Pocock, Marylin R. Pryor, Ramon Trias
Upon tallying the voting ballot, Ms. Marylin R. Pryor was appointed to the Cultural Affairs
Council with 3 votes.
-6-
~
...""
6. PURCHASING
RFP No. 99-076Ænergy Services Company- For consideration before the Board was
staff's recommendation to approve the short list and grant permission to negotiate with the top
ranked firms. The contract will be brought back to the Board for approval. Consider staff's
request for permission to advertise a Request for Proposals for communiçation improvements for
the County, and to approve payment for the consultants advising the selection committee from
the Capital Projects Reserves.
Com. Hutchinson commented on how the survey was conducted and seemed to feel there was an
unfairness relating to those persons viewing and rating the written presentation, but, not the oral
and vice versa and would prefer to start the process over again.
She felt everyone concerned should have viewed both the written and oral presentations.
The Purchasing Manager addressed Com. Hutchinson's comments as well as Com. Barnes
questions.
Com. Barnes stated he was not convinced that it was unfair, however, he felt it was not the ideal
process.
"
Com. Lewis stated she would be content to ask the members of the second group that did not fill
out the responses on the written proposals, to fill out the form.
Com. Bruhn asked the Board if they preferred to sent it back and have it re-evaluated or have the
presentations made to the Board.
Com. Barnes stated he agreed with Com. Lewis' suggestion.
Com. Lewis reiterated her suggestion for the balançe of the Board. It being, that they go back to
the expanded group and those members that did not fill out the form on the written proposal, and
have them provide the Board with that information to add to this and if there are any
inconsistencies it can be questioned at that point.
Com. Coward stated he felt this was not going to make a difference and felt this was just a
technicality. It was not a change of substance of what is before them today and was not in favor
of simply going back to fill out the forms which he felt would not make a substantial change.
Com. Barnes concurred with Com. Coward
Com. Coward stated he did not believe this was going to be construction and felt that staff can
utilize their time better than going back through this process again in reading the applications and
felt they had a group which brought them through this process and is comfortable to move
forward.
Com. Lewis stated that due to the fact that they would be facing additional costs, she would like
to come back to Com. Coward's position.
It was moved by Com. Barnes, seconded by Com. Coward, to approve staff recommendation, to
include the approval to advertise a Request for Proposals for communications; and, upon roll
call, the vote was as follows: Nay: Hutchinson, Aye's: Lewis, Coward, Barnes, Bruhn; motion
carried by a vote of 4 to 1.
-7-
~
...,
There being no further business to be brought before the Board, the meeting was adjourned at
8:40 p.m.
Chairman
Clerk of Circuit Court
~
,
-8-
'-'
AGENDA REQUEST
...,
ITEM NO. _ If
DATE: January 4,2000
SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115
REGULAR [ ]
PUBLIC HEARING [XX]
CONSENT []
PRESENTED BY:
þ~~~.~
{Donald B. Wedt, P.E.
County Engineer
TO: BOARD OF COUNTY COMMISSIONERS
SUBJECT:
North A1A M.S.B.U.
Potable Water Improvements - St. Lucie County Utilities
Second Public Hearing
BACKGROUND:
See Attached Memorandum
FUNDS AVAIL.
N/A
(funds will be made available)
PREVIOUS ACTION:
July 18,1995 - Board accepted the petition and granted permission to
advertise the Initial Public Hearing.
September 5,1995 - Initial Public Hearing held. Board created MSBU
and authorized County Engineer to proceed with project.
December 14,1999 - Board Granted Permission to Advertise 2nd Public
Hearing
RECOMMENDATION:
Staff recommends that the Board adopt Resolution No. 99-295 to levy a non-ad valorem special
assessment on the North A1A MSBU; approve the attached preliminary assessment roll; and authorize
the County Engineer to proceed with construction of the Project
k] APPROVED
[ ] OTHER:
[ ] DENIED
CE:
COMMISSION ACTION:
.. /J--
Anderson
dministrator
1']Oo,"ty Al10mey ~
[x]Public Works Dir ~
[X ]Finance é~
[X ]Mgt. & Budget
[X ]Co. Eng ~f~
r
[]PUrchasi,n~
[X]Utilties,v-
'-"
...."
COMMISSION REVIEW: January 4, 2000
ENGINEERING MEMORANDUM NO. 99-470
TO:
Board of County Commissioners
FROM:
Donald B. West, County Enginerf~ .
December 17, 1999
DATE:
SUBJECT: North A1A MSBU
Potable Water Improvements - SLC Utilities
Second Public Hearing
BACKGROUND:
The property owners ofthe North A 1 A MSBU petitioned St. Lucie County to establish a Municipal Service
Benefit Unit (M.S.B.U.) to fund the costs necessary in bringing potable water improvements to their area.
The water system would be owned, constructed and maintained by St. Lucie County Utilities. The initial
petition received represented ninety (90%) percent in support of the project.
The North A1A project is located on the west side of North A1A Hwy just south of the Ocean Harbor
Villas. The project consists of 11 single family water connections.
On November 30, 1999, the second informal meeting was held with the property owners to discuss the
construction layout and design of the water system, the method of assessment, and the tentative
assessment amount. It was the consensus of the property owner's to proceed with the potable water
improvements.
The method of assessment is based upon the "Equivalent Residential Connection" (ERC) method which
means an equal charge per residential dwelling unit. The total assessment is $75,374.17, excluding
interest, and $113,236.45 including interest. The Project will be financed in-house for a period often (10)
years, beginning November, 2000.
RECOMMENDATION:
Staff recommends that the Board adopt Resolution No. 99-295 to levy a non-ad valorem special
assessment on the North A 1A MSBU; approve the attached preliminary assessment roll; and authorize
the County Engineer to proceed with construction of the Project.
cc: Staff Concurring
OMS Manager
Finance Director
Tax Collector
Jan Harbin, Tax Collector Special Assessments
'-'
.....,
RESOLUTION NO. 99-295
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST.
LUCIE COUNTY, FLORIDA: DETERMINING THAT THE PROPOSED
SPECIAL ASSESSMENTS FOR THE NORTH AlA MUNICIPAL SERVICES
BENEFIT UNIT TO FUND THE COST OF A PROJECT TO PROVIDE
POTABLE WATER TO PROPERTIES WITHIN THE BOUNDARIES OF THE
NORTH AlA MUNICIPAL SERVICES BENEFIT UNIT ARE JUST AND
RIGHT; APPROVING AND CONFIRMING THE PRELIMINARY
ASSESSMENT ROLL BASED ON THE EQUIVALENT RESIDENTIAL
CONNECTION METHOD OF ASSESSMENT; LEVYING A NON-AD VALOREM
SPECIAL ASSESSMENT ON THE REAL PROPERTY WITHIN THE NORTH
AlA MUNICIPAL SERVICES BENEFIT UNIT BASED ON THE APPROVED
ROLL; AUTHORIZING COLLECTION OF THE SPECIAL ASSESSMENT BY
THE UNIFORM METHOD OF COLLECTION; AUTHORIZING THE COUNTY
DIRECTOR OF ENGINEERING TO PROCEED WITH THE PROJECT AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, on July 18, 1995, based on the petition of
ninety(90%) percent of the landowners pursuant to Chapter 1-13.5 of
the St. Lucie County Code of Ordinances (the "Code"), the Board of
County Commissioners for St. Lucie County (the "Board") adopted
Resolution No. 95-249 which created the North AlA Municipal
Services Benefit Unit to levy non-ad valorem special assessments
based on the equivalent residential connection method of assessment
to fund the cost of a project to provide potable water supplied by
St. Lucie County Utilities to the properties within the boundaries
of the North AlA Municipal Services Benefit Unit in unincorporated
St. Lucie County, Florida (the "Project"), and authorized the St.
Lucie County Director of Engineering (the "County Engineer") to
proceed with the Project pursuant to the procedures set forth in
Section 1-13.5 of the Code; and
WHEREAS, on January 4, 2000 pursuant to Chapter 1-13.5 of the
Code and Chapter 125 and Section 197.3632, Florida Statutes, the
Board held a duly noticed and advertised second public hearing to
consider propriety and advisability of the Project and to act as an
equalizing board to consider the comments of affected land owners
and other interested persons concerning the preliminary assessment
roll for the North AlA MSBU, proof of publication of the public
hearing is attached as Exhibit "A"; and
WHEREAS, the Board finds that the benefit to the properties
within the North AlA MSBU derived from the availability of potable
water is not in excess of the amounts to be assessed against said
properties to pay the cost of the Project; and
'-'
...,
WHEREAS, after considering the comments of all interested
persons, the Board has determined that the special assessments as
set forth on the preliminary assessment roll for the North AlA
MSBU, attached hereto as Exhibit "B", are just and equitable.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of St. Lucie County, Florida, as follows:
Section 1: The boundaries of the North AlA MSBU which
include the real property to be specially assessed to fund the cost
of the Project are shown on the attached Exhibit "C".
Section 2: The Project to be funded by a non-ad valorem
special assessment levied by the North AlA MSBU is to provide
potable water to properties within the boundaries of the North AlA
MSBU in unincorporated St. Lucie County, Florida.
Section 3: The method of assessment shall be based on the
equivalent residential connection method of assessment such that
each lot owner within the North AlA MSBU shall share in the cost of
the Project in proportion to the benefit derived from the Project
and shall apply an assessment amount not in excess of the amount of
such benefit.
Section 4: The preliminary assessment roll (Exhibit "B")
for the North AlA MSBU is hereby approved and confirmed and the
assessment shall stand as a lien against the benefitted properties
until satisfied.
Section 5: A non-ad valorem special assessment (the
"Special Assessment") in the total estimated amount of $113,236.45
which includes interest, to fund the Project as shown on the plans
and specifications prepared by Lindahl, Browning, Ferrari &
Hellstrom, Inc. is hereby levied on the real property within the
North AlA MSBU (Exhibit "C") in the amounts set forth on the
preliminary assessment roll attached as Exhibit "B".
Section 6: The Special Assessment shall be collected by
the uniform method of collection pursuant to Sections 197.3632 and
197.3635, Florida Statutes, as authorized by Chapter 1-13.5 of the
Code beginning in November, 2000 for a period of ten (10) years.
Section 7:
with the Project.
The County Engineer is authorized to continue
Section 8: Upon the completion of Proj ect, the County
Engineer shall report the actual cost to the Board, and the Board
shall confirm a final assessment roll with such adjustments as may
be necessary in accordance with the provisions of Chapter 1-13.5 of
.........
'wII
the Code.
Sect.ion 9.
adoption.
This Resolution shall be effective upon
PASSED AND DULY ADOPTED this 4th day of January, 2000.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
By:
Chairman
Deput.y Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Count.y At.t.orney
'-'
EXHIBIT "A"
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AGENDA REQUEST
ITEM NO. 5
DATE: January 4. 2000
REGULAR: (X )
PUBLIC HEARING: ( )
CONSENT: ( )
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN
SUBJECT: Widening of South 25th Street from Midway Road to Edwards Road.
BACKGROUND: Rick Chesser, District Four Secretary, Florida Department of Transportation has proposed
a course of action to expedite the design and construction of the South 25th Street widening. Mr. Chesser
has requested St. Lucie County Board concurrence of his proposal, and selection of a choice of funding
options.
FUNDS AVAILABLE: Funds required to up front design and construction costs would be borrowed on a
short term basis. This debt would be repaid as the County is reimbursed by the Florida Department of
Transportation. A covenant to budget and appropriate non-advalorem revenues may be required as a
back-up pledge to obtain financing. St. Lucie County will be responsible for interest payment on the bond.
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board concur with the 12 point proposal made by Mr.
Chesser and select Option 1 as the choice for funding and that the Board recommend that the MPO select
this funding option.
ø APPROVED
o OTHER:
o DENIED
------ ~
COMMISSION ACTION:
D gl sAnderson
County Administrator
181 County Attorney:
,j¡/
Review and Approvals
181 Management and Budget: ~ 0 Purchasing:
D Other: . 0 Other:
o Originating Dept: (Pub. Wks.)
o Finance: Check for copy only, if applicable:
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
PUBLIC WORKS DEPARTMENT
Administration
MEMORANDUM
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FROM:
Board of County Commissioners
Ray Wazny, Public Works Director Þ
December 21, 1999
TO:
DATE:
RE:
Widening of South 25th Street from Midway Road to Edwards Road.
Rick Chesser, District Four Secretary, Florida Department of Transportation has proposed
a course of action to expedite the design and construction ofthe South 25th Street widening.
Mr. Chesser has requested St. Lucie County Board concurrence of his proposal, and
selection of a choice of funding options. Mr. Chesser outlined 12 elements in completing
the design and construction of widening South 25th Street from Midway Road to Edwards
Road. County staff concur with these elements as the quickest and most efficient means
in completing construction.
Mr. Chesser has outlined two funding options in moving forward with the 25th Street
construction. Option one provides for delayed reimbursement for design and construction
costs and would require St. Lucie County to provide interim funding. Interim funding could
take place with bonds and would be repaid as project reimbursement is made by FDOT. St.
Lucie County will be responsible for the interest payment on the bond. Option two provides
for the earliest reimbursement of construction costs.
The timing of construction of 25th Street is not affected by the choice of funding options.
However, the timing of the right-of-way acquisition and construction of US Hwy. 1 from
Midway Road to Rio Mar Drive would be delayed if Option 2 funding is selected.
Staff recommends that the Board concur with the 12 point proposal made by Mr. Chesser
and select Option one as the choice for funding and that the Board recommend that the
MPO select this funding option.
JEB BUSH
GOVERNOR
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Florida Department of Transportatiiiit·.... ~ À;...
DlSTRrCI' SECRETARY - DlSTRICI' 4
3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421
Telephone: (954) 777-4110 Fax: (954) 777-4197
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THOMAS F. BARRY. JR.
SECRETARY
December 1, 1999
The Honorable Frannie Hutchinson
Commissioner
St. Lucie County
2300 Virginia A venue
Fort Pierce, Florida 34982
D·~ar Commissianer Hutchinson:
I L1
Subject:
South 25th Street/County Road 615
From Midway Road to Edwards Road, St. Lucie County
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As a follow-up to our recent discussions on how to advance the widening of South 25th Street
from Midway Road to Edwards Road, the Department proposes the following course of action.
The proposed actions to accelerate this project are made possible by the Metropolitan Planning
Organization's (MPO) deletion of the US 1 project from Euclid Street to King's Highway and the
deferment of the US 1 project from Edwards Road to Virginia Avenue. Also, St. Lucie County's
willingness to take a lead role in the project development with reimbursement by the Department
for project costs is the basis for this proposal.
1. For state funding/participation in the project, the County will temporarily transfer South
25th Street from Midway Road to Edwards Road to the State Highway System but will
retain maintenance responsibilities.
2. The Department will enter into a Joint Participation Agreement (JP A) with St. Lucie
County to reimburse the County for the cost of the design and construction phases of the
project.
3. to The County will complete the right-of-way acquisition for the project utilizing county
funds and take the lead in the design efforts and construction of the project.
4. The Department will proceed immediately with a full design survey for the project. This
will be completed in April, 2000.
5. The Department will begin the preparation of the necessary environmental documentation
and preliminary engineering to support state funding for the project. This activity will be
completed in April, 2001.
6. The Department will furnish the County preliminary plans (30% complete) in April,
2001.
7. The County, through consultant services, will utilize these plans to finalize right-of-way
requirements and to develop final construction plans. Right-of-way requirements should
be completed by August, 2001. The design phase to complete final construction plans is
estimated to take 18 months to tomplete or by October, 2002. These two activities are
concurrent and likewise, the design activity is concurrent with the completion of the
right-of-way acquisition.
www.dot.state.fl.us
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The Honorable Frannie Hutchinson
December 1, 1999
Page 2
g, The County will continue with the right-of-way acquisition for the project utilizing
county funds. Assuming a 12 month schedule this effort should be completed by August,
2002.
9. Upon completion of the design phase the Department will issue a permit to the County to
perform this work on the State Highway System. Based on the County's construction
bidding process, construction could start in early calendar year 2003.
10. The Department will assign a project manager to assist the County in the development
and review of construction plans that will be the basis for the permit to be issued to the
County.
11. The Department will also assign a construction project manager for periodic reviews of
the construction activities and to assist in the final acceptance of the project.
12. After construction is complete this section of South 25th Street will then be transferred
back to the County Road System.
As noted previously, the process noted above and the schedule for various phases is based on the
County's lead role in these project phases. Enclosed is a bar chart which reflects the production
efforts noted above.
With the MPO's actions noted above, funding is available for reprogramming to accelerate this
project. We have developed two options to fund this widening of South 25th Street:
Option 1.
Advance the-right-of-way acquisition for US 1 from Riomar Drive to Midway
Road to 2000/01 and 2001/02. The design for South 25th Street would be
programmed for reimbursement in 2001/02. Construction would be programmed
for reimbursement in 2003/04 and 2004/05.
Option 2.
Program the South 25th Street reimbursements for the design phase in 2001/02
and the construction phase in.2002/03. Right-of-way acquisition for US 1 from
Riomar Drive to Midway Roadwould then be programmed in: 2003/04 and -
2004/05.
..
The advantage of Option 1 is that the right-of-way acquisition for this section of US 1 would be
complete by 2005, allowing the construction phase to be programmed during next year's
Department Work Program development cycle. In this option, however, the Department would
not be able to begin reimbursement for South 25th Street construction until fiscal year 2003/04.
Option 1 is how this project is currently reflected in the Tentative Work Program that is to be
presented at the Work Program Public Hearing on December 2nd. Option 2 provides South 25th
Street construction funding reimbursement to the County at the earliest possible time but delays
the right-of-way acquisition for the noted section of US 1. Under Option 2 the US 1 proj~ct from
Riomar Drive to Midway Road could not be programmed for construction until 2007/08. These
two options were developed so that the advancement of both projects could be considered by the
MPO. The reimbursement of project costs becomes the variable as well as when construction for
this segment of US 1 can be programmed.
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The Honorable Frannie Hutchinson
December 1, 1999
Page 3
Actions needed to proceed with this proposal for South 25th Street:
1. MPO choice of funding option to be used in the Department's Tentative Work Program
for South 25th Street.
2. County concurrence on lead role and course of action as described above.
With these two actions we can proceed in the develQpment of the Tentative Work Program to
reflect the funding option chosen and in the drafting of a Joint Participation Agreement with the
County for this project. Upon adoption of the Work Program in July, 2000, which will reflect the
programming for the South 25th Street project, we can then execute the Joint Participation
Agreement describing the terms and conditions for the project and the commitment of
reimbursement of project costs.
Reimbursement for the actual design costs would probably be a lump sum in the fiscal year that
the design phase is programmed in the Adopted Work Program, subject to approval of the
Department's Comptroller. The reimbursement for actual construction costs would be in 10
quarterly payments beginning in the fiscal year that the construction phase is programmed in the
Adopted Work Program, with specifics approved once again by the Department's Comptroller.
Should you have any questions, please call me. I will also be available to 'discuss this issue at the
December 2nd MPO meeting.
Sincerely,
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Rick Chesser, P.E.
District Secretary
District Four
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enclosure
cc: Ray Wazny, Director of Public Works
Don West, County Engineer
Don Cole, Acquisition Manager
Cheri Fitzgerald, MPO Supervisor
Joe Yes beck, Director of Planning and Programs
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~GENDA REQUEST
ITEJI'NO. 6A
DATE: Jan 4, 2000
REGULAR [X ]
PUBLIC HEARING [ ]
CONSENT []
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Dan McIntyre
County Attorney
SUBJECT: Hawthorn Suites - Resolution 00-28 - Intent to Reimburse Bonds
BACKGROUND: See attached
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board adopt resolution no 00-28
[x] APPROVED [ ] DENIED
[ ] OTHER:
E:
COMMISSION ACTION:
Review and Approvals
County Attorney:
Management & Budget
Purchasing:
Originating Dept.
Other:
Other:
Finance: (Check for Copy only, if applicable)
Eff. 5/96
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LLP.
MEMORANDUM
To: Chairman and Members of the
Board of County Commissioners of
St. Lucie County, Florida
Copy: Douglas M. Anderson, County Administrator
Harvey M. Lincoln, Management and Budget Manager
Christann K. Hartley, Finance Director
Daniel S. McIntyre, County Attorney
Bill Leedy, Financial Advisor
From: Robert O. Freeman ~1Yl-----
Date: December 29, 1999
Re: Resolution Regarding Intent to Reimburse from Bond Proceeds
The Internal Revenue Code of 1986, as amended (the "Code"), and the regulations
thereunder (the "Regulations") require that an issuer of tax-exempt bonds, such as the County,
execute and maintain in its files a "declaration of official intent" with respect to any expenditures
made prior to the issuance of tax-exempt bonds and expected to be reimbursed from the proceeds
of the bonds.
The purpose of this requirement is to cure what the Internal Revenue Service perceived as
"abusive" transactions in which tax-exempt issuers were attempting to issue bonds to reimburse
themselves for expenditures made long ago or which the issuer had no original intent to pay from
bond proceeds. This is consistent with one of the IRS' primary objectives, which is to limit or
reduce the amount of tax-exempt bonds issued at any given time (thereby, in the IRS' view,
increasing the amount of taxable bonds issued and increasing federal tax revenues).
Inasmuch as the County may find it desirable to execute such a "declaration of intent"
with respect to prospective financings, we would recommend that the Board of County
Commissioners adopt a resolution delegating to the County Administrator the power to execute
such declarations on behalf of the County.
The attached resolution fulfils this purpose. I plan to be present at the Board meeting on
January 4 to answer any questions that the members of the Board may have about the resolution
or the underlying provisions of the Code and the Regulations.
4362Vl/28902-00001IREIM-M BOARD MEMO
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RESOLUTION NO. 00-28
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
AUTHORIZING DECLARA nONS OF OFFICIAL INTENT
UNDER U.S. TREASURY REGULATIONS WITH RESPECT TO
REIMBURSEMENTS FROM NOTE AND BOND PROCEEDS
OF TEMPORARY ADVANCES MADE FOR PAYMENTS
PRIOR TO ISSUANCE OF SUCH NOTES AND BONDS;
PROVIDING AN EFFECTIVE DATE.
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted
pursuant to the provisions of Chapter 125, F10rida Statues, and other applicable provisions of law.
SECTION 2. DEFINITIONS. The following definitions apply to the terms used herein:
"Authorized Officer" means the County Administrator or any person designated for the
purpose by the County Administrator.
"Bonds" means and includes bonds, notes, certificates and other obligations included in the
meaning of "bonds" under Section 150 of the Code.
"Code" means the Internal Revenue Code of 1986, as amended.
"Declaration of Official Intent" means a declaration of intent, executed in the form and
manner and at the time contemplated in the Reimbursement Regulations, that the advances for
expenditures referred to therein are reasonably expected to be reimbursed from the proceeds of
Reimbursement Bonds to be issued after those expenditures are paid.
"Project" means any acquisition, construction, improvement, expansion, or betterment of
any capital facilities of the County.
"Regulations" means the regulations promulgated by the Department of the Treasury under
the provisions ofthe Code.
"Reimbursement" or "reimburse" means the restoration to the County of money temporarily
advanced from its other funds and spent for capital expenditures (and certain other types of
expenditures qualifying under the Reimbursement Regulations, including any issuance costs for
Reimbursement Bonds) before the issuance of the Reimbursement Bonds, evidenced in writing by
an allocation on the books and records of the County that shows the use of the proceeds of the
Reimbursement Bonds to restore the money advanced for the original expenditure.
"Reimbursement" or "reimburse" generally does not include the refunding or retiring of Bonds
previously issued and sold to, or borrowings from, unrelated entities.
"Reimbursement Bonds" means Bonds the proceeds of which are to be used for
reimbursement of such capital or other qualifying expenditures paid before issuance of the Bonds.
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"Reimbursement Regulations" means Treasury Regulations Section 1.150-2 and any
amendments thereto or superseding regulations, whether in proposed, temporary or final form, as at
the time applicable, prescribing conditions under which the proceeds of Reimbursement Bonds,
when allocated or applied to a reimbursement, will be treated as expended for all or any purposes of
Sections 103 and 141 to 150 of the Code.
SECTION 3. FINDINGS. It is hereby found, determined and declared by the Board of
County Commissioners (the "Board") ofSt. Lucie County, Florida (the "County"):
A. The Regulations prescribe conditions under which proceeds of Reimbursement
Bonds used to reimburse advances made for certain expenditures paid before the issuance of the
Reimbursement Bonds, will be deemed to be expended (or properly allocated to expenditures) for
purposes of Sections 103 and 141-150 of the Code, so that upon such reimbursement the proceeds
so used will not further be subject to requirements or restrictions under those sections of the Code.
B. The Reimbursement Regulations require that there be a Declaration of Official
Intent not later than 60 days following payment of the expenditure expected to be reimbursed from
proceeds of Reimbursement Bonds, and that the reimbursement occur within prescribed time
periods after the expenditure is paid or after the property is placed in service.
C. It is necessary and desirable and in the best interest of the County and its inhabitants
that the County Administrator be authorized from time to time to execute Declarations of Official
Intent with respect to Projects expected to be financed with the proceeds of Bonds.
SECTION 4. AUTHORIZATION AND REQUIREMENT OF DECLARATIONS OF
OFFICIAL INTENT. The Authorized Officer is authorized (a) to prepare and sign Declarations of
Official Intent with respect to Project expenditures to which the Reimbursement Regulations apply
(and including any costs of issuance of the Reimbursement Bonds) to be made from moneys
temporarily available and which are reasonably expected to be reimbursed (in accordance with
applicable authorizations, policies and practices) from the proceeds of Reimbursement Bonds, (b)
to make appropriate reimbursement and timely allocations from the proceeds of the Reimbursement
Bonds to reimburse such prior expenditures, and (c) to take any other actions as may be
appropriate, all at the times and in the manner required under the Reimbursement Regulations to
satisfy the requirements for the reimbursement to be treated as an expenditure of such proceeds for
purposes of Sections 103 and 141 to 150 of the Code. No advance from any fund or account or
order for payment may be made for expenditures (other than expenditures excepted from such
requirement under the Reimbursement Regulations) that are to be reimbursed subsequently from
proceeds of Reimbursement Bonds unless a Declaration of Official Intent with respect thereto is
made within the time required by the Reimbursement Regulations.
SECTION 5. OPEN MEETING. This Board finds and determines that all formal actions
of this Board concerning and relating to the adoption of this Resolution were taken in an open
meeting of this Board and that all deliberations of this Board and of any committees that resulted in
those formal actions were in meetings open to the public in compliance with the law.
2
4265V2/28902-00001/R-REIM RESO
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SECTION 6. EFFECTIVE DATE. This resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED AT A MEETING DULY CALLED AND HELD THIS 4th day
of January, 2000.
ST. LUCIE COUNTY, FLORIDA
By:
Chairman, Board of County
Commissioners
ATTEST:
Clerk of the Circuit Court,
ex officio Clerk to the Board of
County Commissioners
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
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4265V2128902-0000 IfR-REIM RESO
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Y'GENDA REOUEST
ITE~O. 6B
DATE: Jan 4, 2000
REGULAR [X ]
PUBLIC HEARING [ ]
CONSENT []
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Dan McIntyre
County Attorney
SUBJECT: Hawthorn Suites - Resolution 00-29 - Not-for-Profit Corporation for financial
capital projects.
BACKGROUND: See attached
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board adopt resolution no 00-29
[x] APPROVED [ ] DENIED
[ ] OTHER:
COMMISSION ACTION:
Review and Approvals
County Attorney:
Management & Budget
Purchasing:
Originating Dept.
Other:
Other:
Finance: (Check for Copy only, if applicable)
Eff. 5/96
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L.L.P.
0b
MEMORANDUM
To: Chairman and Members
Board of County Commissioners
S1. Lucie County, Florida
Copy: Douglas M. Anderson, County Administrator
Daniel S. McIntyre, County Attorney
Harvey M. Lincoln, Management and Budget Administrator
Christann K. Hartley, Finance Director
Loomis C. Leedy, III, Financial Advisor
From: Robert O. Freeman ~/~
Date: December 29, 1999
Re: Proposed Not-for-Profit Corporation for financing capital projects
The attached resolution would provide for the creation of a not-for-profit corporation,
under the provisions of Chapter 617, Florida Statutes (the general not-for-profit corporation law)
to act on behalf of S1. Lucie County for purpose of financing certain capital projects in the
County. The County created a similar corporation in 1988, but subsequently dissolved the
corporation when it was not used.
The reasons for creation of such a corporation are twofold:
(1) for the purposes of (a) constructing buildings or acquiring property that will be leased
to the County on a "subject-to-annual-appropriation" basis and used for County purposes,
and (b) issuing to investors certificates of participation in lease payments made by the
County (referred to as "COP's" and commonly used by school districts that have limited
sources of money that can be pledged to secure debt, e.g., the "annual appropriation"
mechanism); or
(2) for the purposes of (a) issuing tax-exempt debt to finance facilities that will be
operated on a non-profit basis but that would not otherwise be financed by the County
(e.g., nursing homes, low income housing, convention facilities), (b) granting mortgages
and security interests in the financed property to secure repayment of the debt (which the
County is generally prohibited from doing in the absence of an approving referendum),
and (c) entering into management agreements for the operation of the facilities that
4452vlj28902-0000ljM-BOARD (N-F-P)
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December 29, 1999
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qualify under the provisions of the Internal Revenue Code for use in connection with tax-
exempt bond financed facilities (commonly referred to as "63-20" financings in honor of
Revenue Ruling 63-20, which permitted the use of such financings and prescribed certain
conditions for their resulting in tax-exemption for interest on the corporation's bonds; as
a practical matter, Revenue Ruling 63-20 was supplemented to provide operating
guidelines by Revenue Procedure 82-27, a copy of which is attached for your
information). Under the Internal Revenue Code, the tax exemption is available because
the debt of the not-for-profit corporation is considered to be issued "on behalf of' the
County (notwithstanding this characterization by the Code, the debt is not, in fact, debt of
the County, and the County has no financial obligation with respect to either the
corporation or its debt).
The current impetus for creating such a corporation is the expressed desire of Hawthorn
Suites to construct and operate a convention hotel using the 63-20 mechanism. We have
prepared a resolution, attached hereto, that (1) authorizes the creation of the not-for-profit
corporation, and approves a form of articles of incorporation for the corporation; (2) approves of
the issuance of bonds by the not-for-profit corporation to finance various capital projects from
time to time, subject to approval by the Board of County Commissioners of each individual issue
of bonds; and (3) consents to the transfer of title to the various projects from the not-for-profit
corporation to the County when the bonds have been finally retired. Each of these matters is a
requirement for the tax-exempt feature to attach to the interest on the corporation's bonds (there
are additional requirements, e.g., that the County have control of the not-for-profit corporation or
be able to gain immediate possession of the project by prepaying the debt associated with the
project).
Once the actual bond documents and management agreements have been prepared by
counsel retained by Hawthorn, we will review those documents for matters related to the
County's business interests and for compliance with the requirements of Revenue Procedure 82-
27, and prepare an additional resolution according to which the Board would approve the
specific issue of bonds for this individual project. A similar procedure would be followed for
any further projects financed by the corporation.
The Board of Directors of the prior corporation was selected by the Board of County
Commissioners, with each Commissioner appointing one member to the Board of Directors of
the Corporation. We have prepared the proposed articles of incorporation for the current
corporation to provide for a similar selection process. We have also provided that members of
the Board of Directors of the not-for-profit will serve until their replacement is named by the
Board of County Commissioners.
I plan to be present at the Board meeting on the evening of January 4 to answer any
question that you may have regarding the not-for-profit corporation, the 63-20 financing concept,
or other matters related thereto.
Robert O. Freeman
4452vl/28902-00001/M-BOARD (N-F-P)
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December 29, 1999
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Rev. Proc. 82-26
SECTION I. PURPOSE
The purpose of this revenue procedure is to set forth the circumstances under which the
Service will ordinarily issue an advance ruling that obligations issued by a corporation organized
under the general nonprofit corporation law of a state ("nonprofit corporation" or "corporation")
will be considered obligations of a state or a political subdivision of a state under section
I 03(a)(l) of the Internal Revenue Code.
SEe. 2. BACKGROUND
Section 103 of the Code provides that, subject to the exceptions set forth in sections
103(b), 103(c), 103(f) and 103A, interest on the obligations of a state, a territory, or a possession
of the United States, or any of their political subdivisions, or ofthe District of Columbia
("governmental units") are not includible in gross income. Section 1.1 03-1(b) of the Income Tax
Regulations provides that obligations issuèd on behalf of any governmental unit by constituted
authorities empowered to issue such obligations are the obligations of the unit.
The Service has issued three revenue rulings that hold that obligations issued by a
nonprofit corporation will be considered obligations of a governmental unit under section 1.103-
I (b) of the regulations if certain conditions are met.
Rev. Rul. 54-296,1954-2 e.B. 59, holds that notes issued by a nonprofit corporation
organized by a group of public-spirited citizens to make improvements to a city-owned building
are considered obligations of the city if (I) the city owns all ofthe stock in the corporation, (2)
the city will become absolute owner ofthe improvements upon retirement of the notes by the
corporation at or prior to maturity or upon assumption or discharge of the notes by the city,
whichever occurs first, and (3) all ofthe income earned from the rental of the building inures to
the city.
Rev. Rul. 59-41, 1959-1 e.B. 13, holds that obligations issued by a nonprofit corporation
organized at the request of a city to finance the acquisition of a system for the supply and
distribution of water in and near the city are the obligations of the city if (I) none ofthe net
earnings or assets of the corporation inures to any private person, (2) the city has the right to
purchase the system at any time for the outstanding indebtedness of the corporation plus interest,
(3) the city will receive, without demand or further action, fee ownership and immediate
exclusive possession of the system when the corporation's debt is paid, (4) the city has stated its
intention to take title at that time, and (5) the city has approved the issuance of the obligations and
has the right to make recommendations to the corporation regarding operation of the system.
Rev. Rul. 63-20, 1963-1 e.B. 24, holds that obligations of a nonprofit corporation will be
considered issued on behalf of a governmental unit if (1) the corporation engages in activities that
are essentially public in nature, (2) the corporation is not organized for profit, except to the extent
of retiring indebtedness, (3) the corporate income does not inure to any private person, (4) the
governmental unit has a beneficial interest in the corporation while the indebtedness is
outstanding, and it obtains full legal title to the property of the corporation with respect to which
the indebtedness was incurred upon retirement ofthe indebtedness, and (5) the corporation and
the specific obligations to be issued by the corporation have been approved by the governmental
unit on whose behalf the obligations are issued.
The requirements enumerated in Rev. Rul. 63-20 apply to obligations issued by the
nonprofit corporations described in Rev. Ruls. 54-296 and 59-41. Under this revenue procedure,
the Service will ordinarily issue an advance ruling that obligations issued by a nonprofit
corporation meet the requirements in Rev. Ru\. 63-20, if the operating rules of sections 3 and 4
below are met.
Historically, the Service has required that certain conditions be met before it issued an
advance ruling that obligations issued by a nonprofit corporation met the requirements of Rev.
Rul. 63-20. This revenue procedure is intended only to state in one document the conditions that
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the Service has required to be met in prior years before such an advance ruling was issued. This
revenue procedure is not intended to change or add to the conditions that the Service required to
be met before it would issue such an advance ruling.
This revenue procedure is not intended to address the question of whether an entity is a
political subdivision of a state within the meaning of section 103 of the Code. Further, this
revenue procedure is not intended to address the issue of whether obligations issued by a
corporation that is organized either under a special state statute or a statute providing that only
governmental units may organize the corporation meet the requirements of Rev. Rul. 57-187,
1957-1 e.B. 65, or Rev. Rul. 60-248, 1960-2 C.B. 35. In addition, this revenue procedure is not
intended to address the issue of whether trusts created under state laws to further certain public
functions meet the requirements of Rev. Rul. 57-151, 1957-1 e.B. 64. Moreover, this revenue
procedure does not apply to issues of qualified scholarship funding bonds defined in section
103(e), which are exempt from federal income tax under section 103(a)(2).
The operating rules of this revenue procedure are intended only to assist issuers of
governmental obligations, and other parties with a material financial interest, in preparing ruling
requests. The operating rules do not define, as a matter of law, the circumstances under which
obligations to be issued by a nonprofit corporation will be considered issued on behalf of a
governmental unit within the meaning of section 1.l03-I(b) of the regulations. Thus, the
operating rules are not to be used as tests for determining the taxability of bond interest.
The authority and general procedures of the National Office and the Offices of the
District Directors of Internal Revenue for issuing advance rulings and determination letters are
outlined in Rev. Proc. 80-20, 1980-1 e.B. 633, as modified, clarified, and amplified by Rev. Proc.
81-33, 1981-32I.R.B. 19, and in section 601.201 of the Statement of Procedural Rules (26 CFR
section 601.201 (1980)). Also see Rev. Proc. 79-4,1979-1 C.B. 483; Rev. Proc. 79-12,1979-1
e.B. 492. as amplified by Rev. Proc. 80-1,1980-1 e.B. 579; and Rev. Proc. 82-22, page 469, this
Bulletin. Careful attention to all of the requirements of these documents will help prevent delays
in processing requests for rulings.
SEe. 3. GENERAL OPERATING RULES
The Service will ordinarily rule that obligations issued by a nonprofit corporation are
issued on behalf of a governmental unit within the meaning of section 1.1 03-1 (b) of the
regulations if the following requirements are met: .01 The nonprofit corporation must engage in
activities that are essentially public in nature. This requirement will be met if:
I The activities and purposes of the corporation are those permitted under the general
nonprofit corporation law of the state; and
2 The property to be provided by the corporation's obligations is located within the
geographical boundaries of or has a substantial connection with the governmental unit on whose
behalf the obligations are issued.
.02 The corporation must not be organized for profit except to the extent of retiring
indebtedness. This requirement will be met if:
I The corporation is organized under the general nonprofit corporation law of the state in
which is located the governmental unit on whose behalf the corporation will issue its obligations;
and
2 The articles of incorporation of the corporation provide that the corporation is one that
is not organized for profit.
.03 The corporate income may not inure to any private person. This requirement will be
met if the articles of incorporation provide that the corporate income will not inure to any private
person, and in fact. the corporate income does not inure to any private person.
.04 The governmental unit must have a beneficial interest in the corporation while the
indebtedness remains outstanding. This requirement will be met if:
I (a) The governmental unit has exclusive beneficial possession and use of a portion of
the property financed by the obligations and additions to that property equivalent to 95 percent or
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more of its fair rental value for the life of the obligations (including any other obligations, such as
those described in section 3.055 of this revenue procedure, issued by the nonprofit corporation
either to make improvements to the property or to refund a prior issue of the corporation's
obligations). For purposes of determining whether an obligation is an industrial development
bond under section I 03(b) of the Code, a nonprofit corporation in the circumstances described in
this subparagraph will be considered an exempt person within the meaning of section 1 03(b )(3)
even if the corporation is not an organization described in section 501(c)(3) that is exempt from
federal taxation under section 501(a). Use by an instrumentality ofa governmental unit will be
considered use by the unit if the instrumentality is an instrumentality of only the governmental
unit on whose behalf the obligations are issued and the requirements of Rev. Rul. 57-128,1957-1
C.B. 311, are otherwise met; or
(b)( I) The nonprofit corporation has exclusive beneficial possession and use of a portion
of the property financed by the obligations, and any additions to that property, equivalent to 95
percent or more of its fair rental value for the life ofthe obligations; and
(2) The governmental unit on whose behalf the nonprofit corporation is issuing the
obligations (A) appoints or approves the appointment of at least 80 percent ofthe members of the
governing board of the corporation, and (B) has the power to remove, for cause, either directly or
through judicial proceedings, any member of the governing board and appoint a successor. If the
articles of incorporation of the nonprofit corporation provide that ex-officio representatives ofthe
governmental unit constitute all or a part of the membership of the governing board of the
corporation, then the requirements of (A) and (B) shall not apply to the ex-officio members; or
(c) The government unit has the right at any time to obtain unencumbered fee title and
exclusive possession of the property financed by the obligations, and any additions to that
property, by (I) placing into escrow an amount that will be sufficient to defease the obligations,
and (2) paying reasonable costs incident to the defeasance. However, the governmental unit, at
any time before it defeases the obligations, may not agree or otherwise be obligated to convey
any interest in the property to any person (including the United States of America or its agencies
or instrumentalities) for any period extending beyond or beginning after the unit defeases the
obligations. In addition, generally the unit may not agree or otherwise be obligated to convey a
fee interest in the property to any person who was a user of the property, or a related person under
section I 03(b)( 6)(C) of the Code, before the defeasance within 90 days after the unit defeases the
obligations. If the governmental unit exercises its right under this subparagraph, the corporation
must immediately cancel all encumbrances on the property, including leases and management
contracts. Any lease, management contract, or other similar encumbrance on the property will be
considered immediately cancelled if the lessee, management company, or other user vacates the
property within a reasonable time, generally not to exceed 90 days, after the date the
governmental unit exercises its right under this subparagraph. Encumbrances that do not
significantly interfere with the enjoyment ofthe property, such as most easements granted to
utility companies, are not considered encumbrances for purposes of this subparagraph; and
2 In the event the nonprofit corporation defaults in its payments under the obligations, the
governmental unit has an exclusive option to purchase the property financed by the obligations
and additions to that property for the amount of the outstanding indebtedness and accrued interest
to the date of default. The governmental unit shall have (a) not less than 90 days from the date it
is notified by the nonprofit corporation of the default in which to exercise the option, and (b) not
less than 90 days from the date it exercises the option to purchase the property. This requirement
does not apply if the governmental unit has the use of the property described in paragraph I(a)
above.
.05 The governmental unit must obtain full legal title to the property of the corporation
with respect to which the indebtedness was incurred upon retirement of the indebtedness. This
requirement will be met if:
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I The obligations ofthe nonprofit corporation are issued on behalf of no more than one
governmental unit and unencumbered fee title to the property will vest solely in that
governmental unit when the obligations are discharged. For purposes of this revenue procedure
obligations are discharged when (a) cash is available at the place of payment on the date that the
obligations are due (whether at maturity or upon prior call for redemption) and (b) interest ceases
to accrue on the obligations; and
2 All of the original proceeds and investment proceeds of the obligations are used to
provide tangible real or tangible personal property. Proceeds are considered to provide tangible
property only if the proceeds are (a) used to finance costs that a taxpayer must charge to the
proper1y's capital account, may elect to charge to the property's capital account instead of
deducting, or may elect to deduct instead of charging to the property's capital account, and (b)
used to fund a reasonably required reserve fund within the meaning of section 103(c)(4) of the
Code. The previous sentence does not apply to a de minimis amount, less than $5,000, that is
included in the bond issue solely for the purpose of rounding the dollar amount of the issue. If
excess proceeds remain on hand after the acquisition or completion of construction or
reconstruction of the property, the requirements of this subsection will be considered met if (a)
the face amount of the obligations (taking into account estimated investment proceeds) was based
on reasonable estimates of the cost of the property at the time the obligations were issued, and (b)
the excess proceeds are used and invested in the manner described in sections 3.04, 3.05, and 3.06
of Rev. Proc. 79-5.1979-1 C.B. 485, as amplified by Rev. Proc. 81-22,1981-1 e.B. 692.
Amounts used to provide a borrower with working capital are not used to provide
tangible property. For example, if the proceeds of obligations issued by a nonprofit corporation
are used to acquire property from a charitable organization and the corporation subsequently
leases the property back to the charitable organization, the proceeds are not used to provide
tangible property. Similarly, if the proceeds of obligations issued by a nonprofit corporation are
used to acquire a portfolio of outstanding mortgages on tangible property, the proceeds are not
used to provide tangible property.
For purposes of this revenue procedure, original proceeds are amounts (after payment of
all expenses of issuing the obligations) received at any time as a result of the sale of an issue of
obligations. For purposes of this revenue procedure investment proceeds are amounts (net of
administrative costs) that result from the investment of any proceeds of an issue of obligations.
However, for purposes of this subsection investment proceeds do not include amounts earned
after the date that (I) the construction, reconstruction, or acquisition of the property is completed,
or (2) all of the proceeds (less amounts used to fund a reasonably required reserve fund) have
been spent on the construction, reconstruction, or acquisition of the property, whichever occurs
later (for rules concerning refunding issues see section 4.01 of this revenue procedure); and
3 The governmental unit obtains upon discharge of the obligations unencumbered fee title
and exclusive possession and use of the property financed by the obligations, including any
additions to the property, without demand or further action on its part. Thus, for example, all
leases, management contracts, and other similar encumbrances must terminate upon discharge of
the obligations. Encumbrances that do not significantly interfere with the enjoyment of the
property, such as most easements granted to utility companies, are not considered encumbrances
for purposes of this paragraph. Ifa nonprofit corporation sells interim short-term obligations on
behalf of a governmental unit in anticipation of selling permanent financing to provide tangible
property, the requirements of this paragraph will be met if (a) the government unit obtains
unencumbered fee title and exclusive possession and use of the property upon discharge of the
permanent financing and (b) the last issue of interim short-term obligations used to provide the
property is discharged not later than five years after the date of issue of the first issue of short-
term obligations: and
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4 Before the obligations are issued, the governmental unit adopts a resolution stating that
it will accept title to the property financed by the obligations, including any additions to that
property, when the obligation~ are discharged; and
5 The indenture or other documents under which the obligations used to originally
provide the property provide that any other obligations issued by the nonprofit corporation either
to make improvements to the property or to refund a prior issue of the nonprofit corporation's
obligations will be discharged no later than the latest maturity date of the original obligations,
regardless of whether the original obligations are callable at an earlier date. In addition, the
maturity date of the original obligations or any other obligations issued by the nonprofit
corporation with respect to the property may not be extended beyond the latest maturity date of
the original obligations, regardless of wl~ether the original obligations are callable at an earlier
date. If the governmental unit has the beneficial interest described in section 3.041(a) of this
revenue procedure, the obligations need not meet the requirements of this paragraph (for
additional rules concerning refunding issues, see section 4.01 of this revenue procedure); and
6 The proceeds of fire or other casualty insurance policies received in connection with
damage to or destruction of the property financed by the obligations, including any additions to
the property, will, subject to the claims ofthe holders of the obligations, (a) be used to reconstruct
the property, regardless of whether the insurance proceeds are sufficient to pay for the
reconstruction, or (b) be remitted to the governmental unit; and
7(a) A reasonable estimate of the fair market value ofthe property on the latest maturity
date of the obligations, regardless of whether the obligations are callable at an earlier date, is
equal to at least 20 percent of the original cost of the property financed by the obligations. The
estimated fair market value of property shall be determined without including in the value any
addition to the property or any increase or decrease for inflation or deflation during the term of
the obligations; and
(b) A reasonable estimate of the remaining useful I ife ofthe property on the latest
maturity date of the obI igations, regardless of whether the obligations are callable at an earlier
date, is the longer of one year or 20 percent of the originally estimated useful life of the property
financed by the obligations.
If the property financed by the obligations does not itself meet the requirements of (a)
and (b) of this paragraph, these requirements will be considered met ifthe nonprofit corporation
is required to replace the property and the replacement property meets the requirements of (a) and
(b) of this paragraph. If the governmental unit has the beneficial interest described in section
3.041(a) of this revenue procedure, the obligations need not meet the requirements of this
paragraph.
.06 The governmental unit must approve both the nonprofit corporation and the specific
obligations to be issued by the corporation. This requirement will be met if, within one year prior
to the issuance ofthe obligations, the governmental unit adopts a resolution approving the
purposes and activities of the corporation and the specific obligations to be issued by the
corporation. If the corporation intends to issue obligations for a single project through a series of
obligations to be issued over a period not to exceed five years, the governmental unit may meet
the requirements of this subsection by adopting a single resolution, approving the purposes and
activities of the corporation and all obligations to be issued in the series, within one year prior to
the issuance ofthe first issue in the series.
SEe. 4. OPERATING RULES FOR REFUNDING ISSUES
.0 I The Service will ordinarily issue an advance ruling that refunding obligations issued
by a nonprofit corporation are issued on behalf of a governmental unit if:
I All of the original and investment proceeds of the refunding issue are used (a) to pay
principal, qualified interest, and any premium, on another issue ("the prior issue") of obligations
issued on behalf of the governmental unit, and (b) to fund a reasonably required reserve fund for
the refunding issue within the meaning of section 103(c)(4) of the Code. For purposes of this
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subsection, investment proceeds do not include amounts earned after the last obligation of the
prior issue is discharged. Qualified interest means unpaid interest on the prior issue reduced by
the amount of original proceeds and investment proceeds of the prior issue allocated to pay
interest on the prior issue but unexpended therefor. However, unpaid interest on a prior issue shall
not be treated as qualified interest if interest on the prior issue is payable less frequently than is
reasonable and customary for issues of its type; and
2 The obligations are not advance refunding obligations. For purposes of this subsection
advance refunding obligations are refunding obligations that are issued more than 180 days
before the date on which the prior obligations are discharged. However, the Service will
ordinarily issue an advance ruling that advance refunding obligations issued by a nonprofit
corporation are issued on behalf of a governmental unit if the obligations used to provide the
tangible property meet the beneficial interest requirement of section 3.04 of this revenue
procedure because the governmental unit has the interest described in section 3.041(a); and
3 The refunding obligations will b~ discharged no later than the latest maturity date of the
obligations that were issued by the nonprofit corporation to originally provide the property,
regardless of whether the original obligations are callable at an earlier date. Ifthe governmental
unit has the beneficial interest described in section 3.041(a) of this revenue procedure, the
obligations need not meet the requirements of this paragraph.
4 The requirements set forth in section 3 of this revenue procedure are met, except that
section 4.011 instead of section 3.052 shall apply to refunding issues.
SEe. 5. INQUIRIES
Inquiries about this revenue procedure should refer to its number and should be addressed
to the Associate Chief Counsel (Technical), Attention: CC:IND:I, Internal Revenue Service, 1111
Constitution Ave., N.W., Washington, D.C. 20224.
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RESOLUTION NO. 00-29
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
APPROVING THE FORMATION OF THE ST. LUCIE
GOVERNMENTAL FINANCE CORPORATION; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted
pursuant to the provisions of Chapter 125, Florida Statues, and other applicable provisions oflaw.
SECTION 2. FINDINGS. It is hereby found, determined and declared by the Board of
County Commissioners (the "Board") ofSt. Lucie County, Florida (the "County"):
A. In order to fmance various capital projects for use in or by the County, the "St. Lucie
Governmental Finance Corporation" (the "Corporation") will be organized and incorporated under
the laws of the State of Florida as a non-profit corporation, to finance, acquire, construct, own,
operate and lease certain self-liquidating capital projects (the "Projects").
B. The Corporation will not make and does not intend to make any profit itself, or by
reason ofthe acquisition of any Projects, and no part of the income or assets of the Corporation will
inure to the benefit of any person, firm, or corporation, other than the County.
C. The Articles ofIncorporation ofthe Corporation will provide that all right, title, and
interest of the Corporation in and to all the property constituting the Projects shall vest in the County
upon retirement of any obligation or indebtedness of the Corporation incurred in connection
therewith.
D. The formation of the Corporation to assist in financing Projects is necessary and
desirable in order to promote and preserve the health, safety and welfare of the County and its
residents.
E. The incorporators of the Corporation have requested the Board to approve the
formation of the Corporation, to approve of the issuance of debt obligations by the corporation to
finance Projects, and to agree to accept title to Projects upon the retirement of debt obligations
related thereto.
SECTION 3 . CORPORATION APPROVED. The formation of the Corporation, in
accordance with Articles of Incorporation in substantially the form attached hereto as Exhibit A, for
the purposes described therein, is hereby approved.
SECTION 4. ISSUANCE AND PAYMENT OF BONDS. The County hereby consents to
the issuance by the Corporation from time to time, on behalf of the County and subject to approval
by the Board of each specific issue, of bonds or other debt obligations to finance Projects. Any such
obligations shall be secured solely by a lien upon the Projects and the revenues therefrom and such
other security as may be approved from time to time by the Board. All obligations issued by the
4316v2/28902.0000l1R-STL/GFC
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Corporation shall contain an express statement that the obligations are neither general nor special
obligations of the County and that neither the faith and credit nor the taxing power nor any revenues
of the County are pledged to secure repayment of the obligations.
SECTION 5. ACCEPTANCE OF TITLE TO PROJECTS. The Board hereby consents to
accept title to the real and personal property constituting the Projects, to be conveyed to the County
free and clear of all liens and encumbrances, upon retirement of obligations or indebtedness of the
Corporation incurred in connection therewith.
SECTION 6. NO DEBT OF COUNTY. Nothing herein contained shall be construed to
create any obligation, direct, indirect, or contingent, on the part of the County to pay any part of the
cost of the Projects or any of them or any obligation or indebtedness of the Corporation incurred in
connection therewith, either in the event of a default or failure by the Corporation or otherwise, or at
the time that the transfer oftitle to any Projects to the County becomes absolute.
SECTION 7. SEVERABILITY. If anyone or more provisions of this resolution shall be
determined by a court of competent jurisdiction to be invalid, unenforceable, or void as violative of
public policy, such provisions shall be deemed to be severable herefrom and such determination
shall not affect the validity and enforceability of the remaining provisions hereof.
SECTION 8. EFFECTIVE DATE. This resolution shall take effect immediately upon its
adoption.
4316v2/28902.0000 I/R-STL/GFC
December 29, 199913:58PM
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PASSED AND ADOPTED this 4th day of January, 2000, at a regular meeting duly called
and held.
ST. LUCIE COUNTY, FLORIDA
(SEAL)
By:
Chairman of the Board of County
Commissioners
ATTEST:
By:
Clerk of the Circuit Court, ex-officio
Clerk of the Board
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
4316v2128902.000011R-STUGFC
December 29, 1999/3:58PM
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4316v2/28902.0000I/R-STL/GFC
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ARTICLES OF INCORPORATION
OF CORPORATION
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EXHIBIT A
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ARTICLES OF INCORPORATION
OF
ST. LUCIE GOVERNMENTAL FINANCE CORPORATION
The undersigned do hereby make, subscribe to and acknowledge these Articles of
Incorporation for the purpose of forming a corporation not for profit under the laws of the State
of Florida.
ARTICLE I
NAME
The name of the corporation is' St. Lucie Government Finance Corporation (the
"Corporation"). The principal address of the Corporation is 2300 Virginia Avenue, Fort Pierce,
Florida 34982-5652.
ARTICLE II
PURPOSE
The purpose for which the Corporation is organized and the business and objectives to be
carried on and promoted by the Corporation are as follows:
(a) To engage and assist St. Lucie County, Florida (the "County") in the
development, financing, construction, acquisition and operation of capital projects and
equipment, consisting of real and/or personal property (the "Projects").
(b) To acquire by gift, lease or purchase, and to sell, convey, assign, mortgage, or
otherwise encumber any property, real and/or personal, incidental to the provision of such
Projects.
(c) To lease, from time to time, Projects to the County, pursuant to lease agreements
or master lease agreements, with or without purchase options (the "Agreements"), between the
Corporation, as lessor, and the County, as lessee.
(d) To assign to a bank, leasing company, or other financial institution, or to a trust
company acting on behalf thereof (the "Assignee"), all of the Corporation's right, title and
interest in and to any Agreements (other than any rights specifically reserved thereunder),
including its right to receive payments under such Agreements and to enforce the provisions
thereof.
(e) To provide, together with an Assignee and the County, for the payment of the cost
of developing, financing, constructing, acquiring and installing the Projects by (i) the assignment
ofthe Corporation's right to receive payments under any Agreement or (ii) the issuance and sale
form time to time (A) by an Assignee of certificates of participation, which represent undivided
proportionate interest in payments made by the County to the Corporation pursuant to an
Agreement, or (B) by the Corporation of special obligation revenue bonds (collectively, the
"Obligations") or (iii) such other financing means as may be deemed necessary and desirable by
4329v3/28902-0008I1ARTICLES Of INCORPORATION
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the Corporation and the County in accordance with applicable law; provided that, neither the
faith and credit of the County, nor any revenues or funds of the County shall be pledged by the
Corporation as security for thé" Obligations; and further provided that no Obligations may be
issued by the Corporation or the Assignee without the express consent of the Board of County
Commissioners of the County.
(t) To deposit or cause to be deposited with an Assignee certain sums of money from
time to time to be credited, held and applied in accordance with a trust agreement, assignment
agreement, or other agreements.
(g) To carryon or engage in any other activity which the Corporation may deem
proper or convenient in connection with the purposes hereinabove stated, provided, however,
that the Corporation shall at all times be bperated as a non-profit organization as provided in
Chapter 617, Florida Statutes.
(h) To have all the rights, privileges, powers and immunities available to corporations
not for profit under the laws of the State of Florida and, anything herein to the contrary
notwithstanding, the enumeration herein of the specific objects and purposes of the Corporation
shall not limit the powers of the Corporation to accomplish any approved charitable, scientific or
educational purpose within the meaning of Section SOl(c) of the Internal Revenue Code, Title
26, United States Code, and any regulations promulgated thereunder. All of the assets and
earnings of the Corporation shall be used exclusively for the purposes hereinabove set out,
including the payment of expenses incidental thereto. No part of the net earnings of the
Corporation shall inure to the benefit of any individual, and no substantial part of the activities of
the Corporation shall be for the carrying on of lobbying activities or otherwise attempting to
influence legislation.
ARTICLE III
MEMBERS
The sole members of the Corporation shall be those five (5) individuals appointed by the
members of the Board of County Commissioners of the County. Membership shall not be
assignable or otherwise transferable.
ARTICLE IV
TERM OF EXISTENCE
The period of the duration of the Corporation shall commence on the later of the date of
filing of these Articles of Incorporation with the Secretary of State or the effective date of the
resolution of the County approving the formation of the Corporation, and the Corporation shall
have perpetual existence unless dissolved as provided by law.
4329v3128902-00081/ARTICLES OF INCORPORA nON
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ARTICLE V
POWERS
The Corporation shall have all powers under law which are necessary to carry out its
purposes as described in Article II hereof. The Corporation is prohibited from engaging in any
business other than developing, financing, constructing, acquiring, installing, owning, leasing
and selling Projects as provided herein. The Corporation may incur no debt other than the
Obligations. The Corporation may not dispose of or encumber the Projects except as provided in
any Agreement relating thereto and subject to ultimate transfer of title to the Projects to the
County as provided in Article XI hereof.
ARTICLE VI
BOARD OF DIRECTORS
The affairs of the Corporation shall be managed by a Board of Directors. All Corporate
powers shall be exercised by or under the authority of, and the affairs and business of the
Corporation shall be managed under the direction of, a Board of Directors consisting of five
persons. The members of the Board of County Commissioners of the County shall appoint the
Directors of the Corporation; the term of office as a Director shall commence upon the written
acceptance of appointment to the office of member and shall terminate upon appointment and
acceptance of a successor. The Board of Directors shall have the rights and duties of directors of
corporations under Chapter 617, Florida Statutes. In the event the number of directors shall be
less than three, the remaining member or members of the Board of Directors shall appoint, on a
temporary basis, such member or members sufficient to bring the number of directors to three;
provided such temporary member or members shall be replaced as soon as the Board of County
Commissioners shall appoint additional members. The members at their annual meeting shall
elect a Chairman, a Vice-Chairman, and a Secretary/Treasurer and may also elect an Assistant
Secretary/Treasurer of the Corporation.
The name and address of each person who is to serve as an initial Director of the
Corporation are set forth below:
Name
Position
Address
[TO COME]
Chairman
Vice-Chairman
Secretary ITreasurer
Assistant Secretary/Treasurer
Member
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ARTICLE VII
OFFICERS
The officers of the Corporation shall consist of a President, one or more Vice-Presidents,
a Secretary/Treasurer and such additional officers as may be designated in the corporate bylaws.
Unless the Board of Directors shall provide otherwise at their annual meeting or special meeting,
the Chairman of the Board of Directors of the Corporation shall be the ex -officio President of the
Corporation, the Vice-Chairman of the Board of Directors shall be the ex-officio Vice-President
of the Corporation, the Secretary/Treasurer ofthe Board of Directors of the Corporation shall be
the ex-officio Secretary/Treasurer of the Corporation, and the Assistant Secretary/Treasurer shall
be the ex officio Assistant Secretary/Treasurer of the Corporation. The duties of the officers shall
be as set forth in the corporate bylaws. The name and address of each person who is to serve as
an initial officer of this Corporation are set forth below:
Name
Position
Address
[TO COME]
Chairman
Vice-Chairman
Secretary/Treasurer
Assistant Secretary/Treasurer
ARTICLE VIII
BY-LAWS
By-Laws of the Corporation shall be adopted by the members at their initial meeting, and
thereafter may be altered, amended or rescinded by a majority vote of the members or the Board
of Directors at a meeting duly called in accordance with the By-Laws, provided that provisions
of the By-Laws fixing the number of directors may be made, altered, amended or rescinded only
with the consent of the Board of County Commissioners.
ARTICLE IX
AMENDMENTS
Amendments to these Articles of Incorporation may be proposed by the Board of
Directors adopting a resolution setting forth the amendment and directing that it be submitted to
a vote at a meeting of members, which may be either the annual or a special meeting. Written
notice setting forth the proposed amendment or a summary of the changes to be effected thereby
shall be given to each member and to the Board of County Commissioners of the County within
the time and in the manner provided in the By-Laws for the giving of notice. The foregoing
procedure shall be in addition to any other practice authorized by the laws of the State of Florida.
Amendments to these Articles of Incorporation shall not be effective until approved by official
action of the Board of County Commissioners of the County.
4329v3/28902-00081/ARTICLES OF INCORPORATION
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ARTICLE X
STOCK AND DIVIDENDS PROHIBITED
The Corporation shall not have or issue shares of stock. No dividends shall be paid and
no part of the income of the Corporation shall be distributed or inure to its members, directors,
officers, or employees. The Corporation may only reimburse, in a reasonable amount, its
members, directors, officers and employees for services rendered, and funds expended by them
on behalf of the Corporation. All assets, revenues and income, if any, of the Corporation shall be
used exclusively for the payment of the Obligations or for the Projects, including the payment of
expenses incidental thereto (including the reasonable expenses of the County related to the
Corporation and its Obligations and Projects), and no part of the assets, revenues or income, if
any, of the Corporation shall inure to the benefit of any private person, entity or individual other
than the County.
ARTICLE XI
DISSOLUTION OR FINAL LIOUIDA TION
Upon the retirement of the Obligations related to a Project, or upon dissolution or final
liquidation of the Corporation, all of the beneficial interest in any property, be it real or personal
or mixed, and title to all other assets of the Corporation, must be distributed and conveyed to the
County free and clear of any liens and encumbrances.
ARTICLE XII
SUBSCRIBERS
The name and residence of the subscribers to these Articles of Incorporation is as
follows:
Name
Address
John Bruhn
Frannie Hutchinson
Douglas M. Anderson
2300 Virginia Avenue, Fort Pierce, Florida 34982
2300 Virginia Avenue, Fort Pierce, Florida 34982
2300 Virginia Avenue, Fort Pierce, Florida 34982
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ARTICLE XIII
REGISTERED OFFICE AND AGENT
The street address of the Corporation's initial business office is 2300 Virginia Avenue,
Fort Pierce, Florida 34982-5652, clo County Administrator.
The registered agent for service of process is Daniel S. McIntyre, County Attorney, S1.
Lucie County, Florida, 2300 Virginia Avenue, Fort Pierce, Florida 34982.
IN WITNESS WHEREOF, the undersigned does hereby make, subscribe and
acknowledge these Articles ofIncorporation this _ day of January, 2000.
John Bruhn
Frannie Hutchinson
Douglas M. Anderson
STATE OF FLORIDA )
COUNTY OF ST. LUCIE )
Personally appeared before me, a notary public, in and for S1. Lucie County, Florida,
John Bruhn, Frannie Hutchinson, and Douglas M. Anderson personally known to me to be the
same persons who executed the foregoing instrument of writing, and duly acknowledged the
execution of the same.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
sear, this _ day of January, 2000.
Notary Public, State of Florida
4329v3128902.00081/ARTICLES OF INCORPORATION
6
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'wII
CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR THE SERVICE
OF PROCESS WITHIN THIS STATE, NAMING AGENT UPON WHOM PROCESS MAY
-. BE SERVED
Pursuant to Section 617.023, Florida Statutes, St. Lucie Governmental Finance
Corporation, desiring to organize under the laws of the State of Florida, has named Daniel S.
McIntyre, County Attorney, St. Lucie County, Florida, whose office is located at 2300 Virginia
Avenue, Fort Pierce, Florida 34982-5652, as its agent to accept service of process within this
state.
Douglas M. Anderson
Subscriber
ACCEPTANCE
Having been named to accept service of process for the above Corporation at the place
designated in this certificate, I hereby accept appointment in such capacity, and agree to comply
with the provisions of said Act relative to keeping open said office. I further state that I am
familiar with, and accept, the obligations set forth in Section 617.325, Florida Statutes.
Daniel S. McIntyre
Registered Agent
4329v312S902-000S I/ARTICLES OF INCORPORATION
7
....... ...."
12/22/99 ST. LUCIE COUNl'Y - BOARD PAGE 1
FZABYARR YARRANT UST #13- 18-DEC-1999 TO 22-DEC-1999
FUND SUMMARY
FUND TITLE EXPENSES PAYROU.
001 General Fund 194,476.34 270,174.84
00 1125 TC Community Action Agency FY 99/00 0.00 733.26
001126 Section 112/MPO/FH\1A Planning 99/00 0.00 5,546.85
101 Transportation Trust Fund 36,172.25 89,288.85
101002 Transportation Trust/80% Constitut 3,300.98 0.00
101006 Transportation Trust/Impact Fees 35,876.95 0.00
102 Unincorporated Services Fund 13,026.25 34,665.03
102001 Drainage Maintenance MSTU 78.57 3,001.64
105 Library Special Grants Fund 0.00 1,980.80
107 Fine & Forfeiture Fund 62,143.39 55,283.91
140 Port & Airport Fund 10,288.75 6,520.80
160 Plan Maintenance RAD Fund 931. 32 2,243.60
183 Ct Administrator-19th Judicial Cir 724.05 5,521.14
183001 Ct Administrator-Arbitration/Mediat 28.41 1,776.52
183004 Ct Admin.- Teen Court 0.00 1,033.74
183209 Article V Trust for Criminal Court 1,099.50 0.00
185203 FHF A-SHIP--98/99 64,843.00 0.00
185204 FHFA SHIP 99/00 0.00 1,269.60
186 Recycling Operating Fund 2,391. 70 1,612.20
186202 DEP-Recycling & Education 98/99 0.00 458.20
186203 Recycling & Education 99/00 0.00 712.80
315 County Building Fund 1,296.00 0.00
316 County Capital 25,428.00 0.00
392 Ideal Holding Road MSBU Capital 4,839.90 0.00
401 Sanitary Landfill Fund 82,802.67 26,842.33
418 Golf Course Fund 6,799.90 16,498.04
421 H.E.Y. Utilities Fund 44.49 461.06
441 North Hutchinson Island Utilities 258.97 2,795.49
451 S. Hutchinson Utilities Fund 270.20 2,887.89
461 Sports Complex Fund 6,313.72 7,123.09
471 Holiday Pines Utilities Fund 64.19 0.00
491 Building Code Fund 110.97 13,283.05
501 Automated Services Fund 10,730.63 56,000.81
505 Health Insurance Fund 435,137.98 4,122.40
510 Service Garage Fund 15,062.92 7,225.49
611 Tourist Development Trust-Adv Fund 10,818.88 2,817.60
GRAND TOTAL: 1,025,360.88 621,881.03
,..
,"
~ ...,
. . \.12/30/99 ST. LUCIE COUNTY - BOARD PAGE 1
FZABVARR VARRANT LIST 114- 23-DEC-1999 TO 30-DEC-1999
FUND SUMMARY
FUND TITLE EXPENSES PAYROLL
001 General Fund 346,540.39 0.00
001001 Recreation Special Events 1.16 0.00
001125 TC Community Action Agency FY 99/00 13,568.66 0.00
001126 Section 112/HPO/FBVA Planning 99/00 412.44 0.00
001805 SFWHD/SLSVCD EQIP Program 2,212.04 0.00
101 Transportation Trust Fund 108,156.37 0.00
101002 Transportation Trust/80% Constitut 2,961.12 0.00
101003 Transportation Trust/Local Option 3,460.44 0.00
101006 Transportation Trust/Impact Fees 315.00 0.00
102 Unincorporated Services Fund 4,305.08 0.00
102001 Drainage Maintenance MSTU 219.14 0.00
105 Library Special Grants Fund 475.28 0.00
107 Fine & Forfeiture Fund 2,912,804.90 0.00
112 River Park II Fund 507.17 0.00
115 Sheraton Plaza Fund 422.89 0.00
118 Paradise Park Fund 678.65 0.00
120 The Grovê'-Fund 138.22 0.00
122 Indian River Estates Fund 832.80 0.00
126 Southern Oak Estates Lighting 108.57 0.00
139 Palm Grove Fund 648.34 0.00
140 Port & Airport Fund 56,636.34 0.00
142 Port MSBU Development Fund 28,786.03 0.00
160 Plan Maintenance RAD Fund 28,482.09 0.00
183 Ct Administrator-19th Judicial Cir 413.42 0.00
183001 Ct Administrator-Arbitration/Mediat 216.90 0.00
183004 Ct Admin.- Teen Court 79.06 0.00
183208 Court Reporter Grant-In-Aid 99/00 1,021.50 0.00
183209 Article V Trust for Criminal Court 4,050.00 0.00
185201 FBFA-185-SHIP 96/97 17.51- 0.00
185203 FBFA-SHIP 98/99 7,500.00 0.00
185204 FBFA SHIP 99/00 110.20 0.00
186 Recycling Operating Fund 128.54 0.00
186202 DEP-Recycling & Education 98/99 34.63 0.00
186203 Recycling & Education 99/00 54.53 0.00
242 Port I&S Fund 208,126.28 0.00
282 Environmental Land I&S Fund 1,618.07 0.00
315 Coun ty Building Fund 15,650.00 0.00
316 County Capital 11,226.00 0.00
352 SHI Vastewater Treatment Proj Fund 33,200.00 0.00
392 Ideal Holding Road MSBU Capital 506.50 0.00
401 Sani tary Landfill Fund 7,042.76 0.00
418 Golf Course Fund 30,429.83 0.00
421 H.E.V. Utilities Fund 93.84 0.00
441 North Hutchinson Island Utilities 590.06 0.00
451 S. Hutchinson Utilities Fund 7,969.26 0.00
461 Sports Complex Fund 4,553.25 0.00
471 Holiday Pines Utilities Fund 16.95 0.00
491 Buildin¡ Code Fund 1.726.42 0.00
"
· 12/30/99 ST ~UCIE COUNTY - BOARD ...., PAGE 2
... ..
FZABYARR VARRAN'l' LIST #14- 23-DEC-1999 TO 30-DEC-1999
FUND SUMMARY
FUND TITLE EXPENSES PAYROLL
501 Automated Services Fund 26,612.77 0.00
505 Health Insurance Fund 250.84 5,318.35
505001 Property/Casualty Insurance Fund 1,976.75 0.00
510 Service Garage Fund 1,874.63 0.00
611 Tourist Development Trust-Adv Fund 240.95 0.00
630 Tax Deed Overbid Agency Fund 1,717.52 0.00
GRAND TOTAL: 3,881,687.07 5,318.35
,"
12/30/99
..
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ST. LUCIE COUNTY - BOARD
...,
FZABVARR
VOID LISTI 14- 23-DEC-1999 TO 30-DEC-1999
FUND: 491 - Building Code -Fund
CHECK
INVOICE VENDOR
TOTAL
00252022 12004265 University Of Central Florida
FUND TOTAL:
360.00
360.00
..
PAGE 1
;"
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AGENDA REQUEST
ITEM NO. (\ :,!,;t
DATE: January 4, 2000
REGULAR [X]
PUBLIC HEARING [ ]
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S. McIntyre
County Attorney
SUBJECT:
Resolution No. 2000-01 _ Commending Matthew A. Stephens of Troop 444 for Achieving the Rank of Eagle Scout.
BACKGROUND:
FUNDS AVAIL.:
PREVIOUS ACTION:
RECOMMENDATION:
Staff recommends that the Board adopt the attached Resolution No. 2000-01 as drafted.
[X] APPROVED [] DENIED
[ ] OTHER:
D sAnderson
County Administrator
COMMISSION ACTION:
County Attorney:
;lr
Review and Approvals
Management & Budget
Purchasing
Originating Dept.
Other:
Other:
Eff. 5/96
Finance: (Check for Copy only, if applicableJ___
\.; ..".¡
RESOLUTION NO. 2000-01
A RESOLUTION COMMENDING MATTHEW
A. STEPHENS OF TROOP 444 FOR
ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
1. The Treasure Coast District of the Boy Scouts of America presently serves
approximately three thousand youth in St. Lucie County.
2. The requirements for becoming an Eagle Scout are extensive and the Scout must
complete an Eagle Scout board of review.
3. Only two (2) out of every ten (10) Scouts ever reach the rank of Eagle Scout.
4. This Board recognizes that it is important to support and acknowledge the
achievements of the youth of St. Lucie County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt.
Lucie County, Florida, that this Board does hereby commend Matthew A. Stephens of Troop 444,
chartered by Lakewood Park United Methodist Church, for his accomplishment in achieving the
rank of Eagle Scout.
PASSED AND DULY ADOPTED this 4th day of January, 2000.
.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
COUNTY ATTORNEY
~
y
'-'AGENDA REQUEST
~M NO. C2B
DATE: January 4,2000
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [XX]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Donald G Cote
Property Acquisition Manager
SUBJECT:
Bluefield Ranch/FCT Project #98-071-P8A
GRANT AWARD AGREEMENT
BACKGROUND:
See attached memorandum
FUNDS A V AILABLE:
State type & No. oftransaction ill: N/ A): N/ A
PREVIOUS ACTION:
On May 25, 1999, the Board approved the Conceptual Approval
Agreement.
On April 21, 1998, the Board authorized submission of the Florida
Communities Trust Grant Application for 50% matching funds.
RECOMMENDATION: Staff recommends that the Board approve the Grant Award
Agreement, authorize the Chairman to sign the Agreement and direct
staff to record the document in the Public Records of St. Lucie
County.
[~ APPROVED [] DENIED
[ ] OTHER:
COMMISSION ACTION:
[X] County Attorney: ~
[X]Originating DePt:~
Review and Approvals
[X¡Manag.".' & BUd9~~~
[ ] Leisure Serv:
[ ] Pur c has i n~ _
[X]Community DeV:--i)-
,.
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"""
PROPERTY ACQUISITION DIVISION
MEMORANDUM
TO:
BOARD OF COUNTY COMMISSIONERS
FROM:
Donald G. Cole, Property Acquisition Manager
DATE:
January 4, 2000
SUBJECT:
Bluefield Ranch / FCT Project #98-071-P8A
Grant Award Agreement
-------------------------------------------
-------------------------------------------
BACKGROtJNÐ:
Attached to this memorandum is a copy of the Grant A ward Agreement between the Florida
Communities Trust (FCT) and St. Lucie County pertaining to the Bluefield Ranch Project. The
Agreement outlines the conditions governing the use of the property. Article V, Section 1 outlines
the facilities that the County will provide on the site.
According to the terms of the Conceptual Approval Agreement, dated June 28, 1999, Florida
Communities Trust will reimburse the County for fifty percent (50%) of the final Total Project
Cost which have been estimated at One Million Six Hundred Ninety Thousand Nine Hundred
Thirty and 30/100 Dollars ($1,690,930.30).
RECOMMENDA TION/CONCLUSION:
Staff recommends that the Board approve the Grant A ward Agreement, authorize the Chairman
to sign the Agreement and direct staff to record the docu in the Public Records of S1. Lucie
County .
CC: County Administrator
County Attorney
Community Development Director
Leisure Services Director
r .
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This instrument prepared by:
Ann J. wild
Florida Communities Trust
Department of community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
CONTRACT #
FLORIDA COMMUNITIES TRUST
P8A AWARD# 98-071-P8A
GRANT AWARD AGREEMENT
THIS AGREEMENT is entered into this _ day of , _,
by and between the FLORIDA COMMUNITIES TRUST ("FCT") , a
nonregulatory agency within the State of Florida Department of
Community Affairs, and ST. LUCIE COUNTY("FCT Recipient"), in order
to impose terms, conditions, and restrictions on the use of the
proceeds of certain bonds, hereinafter described, and the lands
acquired with such proceeds and as described in Exhibit "A"
attached hereto and made a part hereof ("Project Site"), as shall
be necessary to ensure compliance with applicable Florida Law and
federal income tax law and to otherwise implement provisions of
Chapters 253, 259, and 380, Florida Statutes.
WHEREAS, Part III Chapter 380, Florida Statutes, the Florida
Communities Trust Act, creates a nonregulatory agency within the
Department of community Affairs, which will assist local
governments in bringing into compliance and implementing the
conservation, recreation and open space, and coastal elements of
their comprehensive plans and in otherwise conserving natural
resources and resolving land use conflicts by providing financial
assistance to local governments to carry out projects and
activities authorized by the Florida Communities Trust Act;
WHEREAS, section 259.101(3) (c), Florida Statutes, provides for
the distribution of ten percent (10%) of the net Preservation 2000
Revenue Bond proceeds to the Department of Community Affairs to
provide land acquisition grants and loans to local governments
through the FCT;
WHEREAS, the Governor and Cabinet authorized the sale and
issuance of State of Florida Department of Natural Resources
Preservation 2000 Revenue Bonds ("Bonds");
WHEREAS, the Bonds were issued as tax-exempt bonds, meaning
that the interest on the Bonds is excluded from the gross income of
Bondholders for federal income tax purposes;
GAA\98-071-P8A
11/30/99
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....,;
WHEREAS, Rule 9K-4.010(2) (e), F.A.C., authorizes FCT to impose
conditions for funding on those FCT applicants whose projects have
been selected for funding in accordance with Rule Chapter 9K-4,
F.A.C. ;
WHEREAS, the FCT has approved the terms under which the
Project site was acquired and the FCT Recipient has acquired title
to the Project site and the Project site shall be subject to such
covenants and restrictions as are sufficient to ensure that the use
of the Project site at all times complies with section 375.051,
Florida Statutes and section 9, Article XII of the State
Constitution and such covenants and restrictions shall contain
clauses providing for the conveyance of title to the Project site
to the Board of Trustees of the Internal Improvement Trust Fund
upon the failure of the FCT Recipient to use the Project site
acquired thereby for such purposes; and
WHEREAS, such covenants and restrictions shall be imposed by
an agreement which shall describe with particularity the real
property which is subject to the agreement and shall be recorded in
the county in which the real property is located; and
WHEREAS,
covenants and
subsequent to
Proceeds.
the purpose of this Agreement is to set forth the
restrictions that are imposed on the Project site
its acquisition with FCT Preservation 2000 Bond
NOW THEREFORE, in consideration of the mutual covenants and
undertakings set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, FCT and FCT Recipient do hereby contract and agree as
follows:
I. GENERAL CONDITIONS.
1. Upon execution and delivery by the parties hereto, the
FCT Recipient shall cause this Agreement to be recorded and filed
in the official public records of st. Lucie County, Florida, and
in such manner and in such other places as FCT may reasonably
request, and shall pay all fees and charges incurred in connection
therewith.
2. The FCT Recipient and FCT agree that the State of Florida
Department of Environmental Protection will forward this Agreement
to Department of Environmental Protection Bond Counsel for review.
In the event Bond Counsel opines that an amendment is required to
this Agreement so that the tax exempt status of the Preservation
2000 Revenue Bonds is not jeopardized, FCT and FCT Recipient shall
amend the Agreement accordingly.
GAA\98-071-P8A
11/30/99
2
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"""
3. This Agreement may be amended at any time. Any amendment
must be set forth in a written instrument and agreed to by both the
FCT Recipient and FCT.
4. This Agreement and the covenants and restrictions
contained herein shall run with the Property herein described and
shall bind, and the benefits shall inure to, respectively, the FCT
and the FCT Recipient and their respective successors and assigns.
5. This Agreement shall be governed by and construed in
accordance with the laws of the state of Florida, with respect to
both substantive rights and with respect to procedures and
remedies.
6. Any notice required to be given hereunder shall be given
by personal delivery, by registered mail or by registered expedited
service at the addresses specified below or at such other addresses
as may be specified in writing by the parties hereto, and any such
notice shall be deemed received on the date of delivery if by
personal delivery or expedited delivery service, or upon actual
receipt if sent by registered mail.
FCT:
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
ATTN: Executive Director
FCT Recipient:
ATTN:
7. If any provision of the Agreement shall be invalid,
illegal or unenforceable, the validity, legality and enforceability
of the remaining provisions shall not in any way be affected or
impaired.
II. PROJECT SITE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER
375, AND CHAPTER 380, PART III, FLORIDA STATUTES.
1. If any essential term or condition of this grant
agreement is violated by the FCT Recipient or by some third party
with the knowledge of the FCT Recipient and the FCT Recipient does
not correct the violation within 30 days of notice of the
violation, fee simple title to all interest in the Project Site
shall be conveyed to the Board of Trustees of the Internal
Improvement Trust Fund. The FCT shall treat such property in
accordance with Section 380.508(4) (e), Florida Statutes.
GAA\98-071-P8A
11/30/99
3
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"'wI
2. Any transfer of the Project site shall be subject to the
approval of FCT and FCT shall enter into a new agreement with the
transferee, containing such covenants, clauses, or other
restrictions as are sufficient to protect the interest of the
people of Florida.
3. The interest, if any, acquired by the FCT Recipient in
the Project site will not serve as security for any debt of the FCT
Recipient unless FCT approves the transaction.
4. If the existence of the FCT Recipient terminates for any
reason, title to all interest in the Project site it has acquired
with the FCT award shall be conveyed to the Board of Trustees of
the Internal Improvement Trust Fund, unless FCT negotiates an
agreement with another local government or nonprofit organization
which agrees to accept title to all interest in and to manage the
Project site.
5. In the event that the Project site is damaged or
destroyed or title to the Project Site, or any part thereof, is
taken by any governmental body through the exercise or the threat
of the exercise of the power of eminent domain, the FCT Recipient
shall deposit with the FCT any insurance proceeds or any
condemnation award, and shall promptly commence to rebuild,
replace, repair or restore the Project site in such manner as is
consistent with the Agreement. The FCT shall make any such
insurance proceeds or condemnation award moneys available to
provide funds for such restoration work. In the event that the FCT
Recipient fails to commence or to complete the rebuilding, repair,
replacement or restoration of the Project Site after notice from
the FCT, the FCT shall have the right, in addition to any other
remedies at law or in equity, to repair, restore, rebuild or
replace the Project Site so as to prevent the occurrence of a
default hereunder.
Notwithstanding any of the foregoing, FCT will have the right
to seek specific performance of any of the covenants and
restrictions of this Agreement concerning the construction and
operation of the Project site.
III. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE FCT RECIPIENT.
1. The Project site shall be managed only for the
conservation, protection and enhancement of natural and historical
resources and for resource-based public outdoor recreation which
is compatible with the conservation, protection and enhancement of
the Project Site, along with other related uses necessary for the
accomplishment of this purpose. The proposed uses for the Project
site are specifically designated in the Project Plan as approved by
FCT.
GAA\98-071-P8A
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4
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...,
2. The FCT Recipient shall prepare and submit to FCT an
annual report as required by Rule 9K-4.013, F.A.C.
3. The FCT Recipient shall ensure that the future land use
designation assigned to the Project site is for a category
dedicated to open space, conservation, or outdoor recreation uses
as appropriate. If an amendment to the FCT Recipient's
comprehensive plan is required to comply with this paragraph, the
amendment shall be proposed at the next comprehensive plan
amendment cycle available to the FCT Recipient.
4. FCT Recipient shall ensure, and provide evidence thereof
to FCT, that all activities under this Agreement comply with all
applicable local, state, regional and federal laws and regulations,
including zoning ordinances and the adopted and approved
comprehensive plan for the jurisdiction as applicable. Evidence
shall be provided to FCT that all required licenses and permits
have been obtained prior to the commencement of any construction.
5. The FCT Recipient shall, through its agents and
employees, prevent the unauthorized use of the Project Site or any
use thereof not in conformity with the FCT approved project plan.
6. FCT staff or its duly authorized representatives shall
have the right at any time to inspect the Project site and the
operations of the FCT Recipient at the Project site.
7. All buildings, structures, improvements, and signs shall
require the prior written approval of FCT as to purpose. Further,
tree removal, other than non-native species, and/or maj or land
alterations shall require the written approval of FCT. The
approvals required from FCT shall not be unreasonably with- held by
FCT upon sufficient demonstration that the proposed structures,
buildings, improvements, signs, vegetation removal or land
alterations will not adversely impact the natural resources
of the Project site. The approval by FCT of the FCT Recipient's
management plan addressing the items mentioned herein shall be
considered written approval from FCT.
8. If archaeological and historic sites are located on the
Project Site, the FCT Recipient shall comply with Chapter 267,
Florida Statutes. The collection of artifacts from the Project
site or the disturbance of archaeological and historic sites on the
Project site will be prohibited unless prior written authorization
has been obtained from the Department of State, Division of
Historical Resources.
9. The FCT Recipient shall ensure that the Project site is
identified as being publicly owned and operated as a passive,
natural resource-based public outdoor recreational site in all
signs, literature and advertising regarding the Project site. The
GAA\98-071-P8A
11/30/99
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FCT Recipient shall erect a sign(s) identifying the Project Site as
being open to the public and as having been purchased with funds
from FCT and FCT Recipient.
IV. OBLIGATIONS INCURRED BY FCT RECIPIENT AS A RESULT OF BOND
PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE.
1. If the Project site is to remain subject, after its
acquisition by the State and the FCT Recipient, to any of the below
listed activities or interests, the FCT Recipient shall provide at
least 60 days written notice of any such activity or interest to
FCT prior to the activity taking place, and shall provide to FCT
such information with respect thereto as FCT reasonably requests in
order to evaluate the legal and tax con- sequences of such activity
or interest:
a. any lease of any interest in the Project site to a
non-governmental person or organization;
b. the operation of any concession on the Project site
to a non-governmental person or organization;
c. any sales contract or option to buy things attached
to the Project site to be severed from the Project Site, with a
non-governmental person or organization;
d. any use of the proj ect site by non-governmental
persons other than in such person's capacity as a member of the
general public;
e. a management contract of the Project site with a
non-governmental person or organization; and
f. such other activity or interest as may be specified
from time to time in writing by FCT to the FCT Recipient.
2. FCT Recipient agrees and acknowledges that the following
transaction, events, and circumstances may not be permitted on the
Project site as they may have negative legal and tax consequences
under Florida law and federal income tax law:
a. a sale of the Project site or a lease of the Project
site to a non-governmental person or organization;
b. the operation of a concession on the Project site by
a non-governmental person or organization;
c. a sale of things attached to the Project Site to be
severed from the Project Site to a non-governmental person or
organization;
GAA\98-071-P8A
11/30/99
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""wI
d. any change in the character or use of the Project
Site from that use expected at the date of the issuance of any
series of bonds from which the disbursement is to be made;
e. any use of the Project site by non-governmental
persons other than in such person's capacity as a member of the
general public;
f. a management contract of the Project Site with a
non-governmental person or organization; and
g. such other activity or interest as may be specified
from time to time in writing by FCT to the FCT Recipient.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT
AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON
GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL
IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE
THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT
OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY
COMPLIED WITH BY THE CONTRACTING PARTY.
V. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE
ADDRESSED IN THE MANAGEMENT PLAN
1. The FCT Recipient shall provide outdoor recreational
facilities including hiking trails, bike trails, horse trails,
picnic areas, primitive camping, a boardwalk, observation tower and
parking on the Project site. The facilities shall be developed in
a manner that allows the general public reasonable access for
observation and appreciation of the significant natural resources
on the Project site without causing harm to those resources.
2. A permanent recognition sign shall be maintained in the
entrance area of the Project site. The sign shall acknowledge that
the Project site is open to the public and was purchased with funds
from the Florida Communities Trust Preservation 2000 Program and
the Recipient. Such recognition shall also be included in all
printed literature and advertising associated with the Project
Site.
3. The timing and extent of a vegetative communities and
plant species survey of the Project Site shall be specified in the
management plan. The FCT Recipient shall detail how the survey
shall be used during development of the site to insure the
protection, restoration, and preservation of the natural resources
on the Project site.
4. The sand pine scrub, pine flatwoods, baygall, prairie
hammock, wet prairie and depressional marsh communities that exist
on the Project Site shall be preserved and appropriately managed to
GAA\98-071-P8A
11/30/99
7
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....,
ensure the long-term viability of these vegetative communities.
5. The proj ect Site shall be managed in a manner tha t
optimizes habitat for listed wildlife species that utilize or could
potentially utilize the Project Site, including the gopher
torto~se, gopher ~rog, alligator, American kestral, bald eagle,
sandh111 crane, 11ttle blue heron, wood stork and other wading
birds. The FCT Recipient shall coordinate with the Game and
Freshwater Fish Commission on the mangement of the Project site for
the protection of listed species and listed species habitat. The
FCT Recipient shall also conduct periodic surveys of listed species
using the Project site and develop informational signs relating to
the protection of listed animal species and their habitat.
6. An ongoing monitoring and control program for invasive
vegetation including exotic (non-native) and nuisance native plant
species shall be implemented at the Project site. The objective of
the control program shall be the elimination of invasive exotic
plant species and the maintenance of a diverse association of
native vegetation. The FCT Recipient shall reference the Exotic
Pest Plant Council's List of Florida's Most Invasive Species to
assist in identifying invasive exotics on the Project Site.
7. Improved pasture areas on the Project site shall be
restored to a natural plant community type(s) in terms of
biological composition and ecological function.
8. The FCT Recipient in conjunction with the South Florida
Water Management District shall develop and implement a hydrologic
restoration plan for the Project site.
9. A vegetation analysis of the Project site shall be
performed to determine which areas of the Project site need a
prescribed burning regime implemented to maintain natural fire-
dependent vegetative communities. The FCT Recipient shall
coordinate with Division of Forestry and Game and Fresh Water Fish
Commission on the development of a prescribed burn plan for the
Project site.
10. The FCT Recipient shall develop and implement a feral
animal removal program for the Project site.
11. Prior to the commencement of any proposed development
activities, measures will be taken to determine the presence of any
archaeological sites. All planned activities involving known
archaeological sites or potential site areas shall be closely
coordinated with the Department of State, Division of Historic
Resources, in order to prevent the disturbance of significant
sites.
GAA\98-071-P8A
11/30/99
8
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12. Regularly scheduled and ongoing educational programs that
promote the protection of natural resources shall be provided at
the Project site. The programs shall include guided walks and
programs for school groups.
13. The FCT Recipient shall incorporate the Project site into
an overall resource protection and management strategy that links
the st. Johns Marsh/Fort Drum Preserve with the DuPuis/Corbett
Preserve. The FCT Recipient shall coordinate with Indian River
County and Martin County to further the creation and extension of
recreational greenway networks and wildlife corridors within the
region.
14. The requirements imposed by other grant program funds
that may be sought by the FCT Recipient for activities associated
with the project site shall not conflict with the terms and
conditions of the FCT award.
THIS GRANT AWARD AGREEMENT embodies the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement.
Witness:
ST. LUCIE COUNTY
BY:
Its:
Witness Name:
Date:
Witness Name:
Accepted as to Legal Form and
Sufficiency:
Date:
GAA\98-071-P8A
11/30/99
9
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STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , _, by
, as
He is personally known
as identification.
to me, or has produced
Notary Public
Print Name:
Commission No.
My Commission Expires:
GAA\98-071-P8A
11/30/99
10
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FLORIDA COMMUNITIES TRUST
witness Name:
Steven M. Seibert, Chair
Date:
witness Name:
Accepted as to Legal Form and
Sufficiency:
Ann J. Wild, Trust Counsel
Date:
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this
day of " STEVEN M. SEIBERT, as Chair of the
Florida Communities Trust~e is personally known to me.
Notary Public
Print Name:
Commission No.
My Commission Expires:
GAA\98-071-P8A
11/30/99
11
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Parcel 1:
^ parcel of land lying in Sections
Township 37 South, Range ).7 East,
particularly described as follows:
16,
St.
21, 22,
Lucie
25, 26,
County,
27, 34,
Florida,
35 and 36,
being more
BegInnIng at the Northwest corner of Section 21 as marked by a concrete monument:
thence South 45 degrees 12 minutes 12 seconds East, a distance of 7490.71 feet
to the Hort.hwest cor.ner of. Secl.!,OI1 27; thence SOllth 00 degrees 19 minutes 16
seconds East along the West 1111e of Section 2'/, a distance of 5301.30 feet to the
Southwest corner of Section 27; thence South 00 degrees 19 minutes 16 seconds
East along the West, line of Section 34, a distance of 5316.37 feet to the
Southwest corner of Section 34 as marked by a wood post; thence North 89 degrees
4S minutes 28 seconds East along the South line of Section 34, a distance of
2662.54 feet to the South quarter corner; thence North 89 degrees 44 minutes 36
seconds East along the South line of Section 34, a distance of 2661.51 feet to
the Southeast corner of Section 34; thence South 89 degrees 59 minutes 27 seconds
East along the South line of Section 35, ë] distance of 2653.15 feet to the South
quarter corller of Section 35; thp-lIce North 89 degrees 40 minutes 57 seconds East
<\long the South line of Section 35, ët dJfJtance of 265J.51 feet to the Southeast
corner of Section 35; thence North 89 degreea 1] minutes 52 seconds East along·
the South lille of Section 36, a distance of 2640.73 feet to the South quarter
corner of Section 36; thence Nortll-89 degrees 43 minutes 52 seconds East along
the South line of Section 36, a distance of 2384,09 feet to the Northwesterly
right-of-way lin,e of the Florida East Coast Railroad (said right-of-way line
being 7S feet Northwesterly of and parallel with the center line of the existing
rails); thence North 41 degrees 47 minutes 02 seconds East along said
Northl...esterly right-of-way line, a distance of 177,04 feet to a point on the Hest
right-of-way line of the South Florida Hater Hanagement District Canal No. C-23;
thence North 00 degrees 05 minutes 20 seconds West along said canal right-of -way
line, a distance of 207.35 feet to the South line of the Evans Parcel as
described in Official Records Book 51, at Page 210, of the Public Records of st.
Lucie County, Florlda; thence South 09 degrees 51 mlnlltes 18 seconds West along
said South line, 90.00 feet to the Southwesterly line of said Evans Parcel as
marked by a wood post; thence tlorth 30 degrees 41 minutes 37 seconds West along
said Southwesterly line of the Evans Parcel, 8S72. 34 feet; thence North 77
degrees 11 minutes 19 seconds West:, 6179.17 feet to the West line of Section 26;
thence North 00 degrees í6 minutes 30 seconds West along the West line of section
26, a distance of 600.00 feet; thence North 71 degrees 26 minutes 33 seconds
West, 331.99 feet; thence North 84 degrees 4S minutes 40 seconds West, 2047.27
feet; thence Horth 3S degrees 03 mInutes 50 seconùs West, 1908.08 feet; thence
Harth 30 degrees 30 minutes 16 seconds Went, 1789.38 feet; thence North 49
degrees 12 mlnlltes 41 seconds Went., 1006.97. Fe!'!I:; thence tIorth 26 degrees 09
mInutes 06 seconds West, J511.77. [eet: to the northwest lIne of that pi\rcel
described in Oe(l.cl",l Records Dook 15, <It: P"ÇIe 10,11, of Lhe Public Records of st.
Lucie County, Florida; thence South 59 degrees 06 minutes 04 seconds West, along
sald Northwesterly lIne, 3061_02 feet to the North line of Section 21; thence
South 89 degrees 45 minutes 45 seconds West along the North line of section 21,
a distance of 725.32 fee:t·to the Point of Beginning
"
EXHIBIT
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Dearing datum refers to the Florida State Plane Grid System North American Datum
of 1983, as readjusted in 1990, obtained from observation between two Martin
County Geodetic control Stations "FOOs" and "GS14", bearing North 44 degrees 03
minutes 12.7 seconds East; the Hest line of the Evans Parcel being Horth 30
degrees 44 minutes 37 seconds Hest.
Unless stated otherwise in the foregoing description, the terminus of each course
_ described herein if] marked by a one-jJ\{;h (1") iron pipe, Det by 1\dair & Brady,
Inc. for the purpose of marking lhe boulldadeo of the parcel described herein.
Parcel 2:
EaSe¡ent for the benefit of Parcel 1 as created by tllat certain easement dated
6/29 98 and recorded 7/2/98 in Official Records Book 1156 , at Page
1116 over, under through and across the land described as follows:
Being a 100 foot (100') wide easement in Sections 15 and 16, Township 37 South,
Range 37 East, st. Lucie County, Florida, the center line of said easement being
more particularly described as follows:
Commencing at the tlorthweilt corner of Section 21; thence North 89 ùegl-ees
45 minutes 45 secondn l:~;HJt: ¡llon~ t.llc Jlolth linc of Section 21, a distance of
725.32 feet to an iron pipe on the lIorthwest: line of that parcel ùcscribed in
Offic.ial Records nook 415, at Pélge 10-11, Public Hecords of St. Lucie County,
Florida; thence North 59 degrees 06 minutes 04 seconds East along sald line,
3064.82 feet to an iron pipe; thence South 26 degrees 09 minutes 06 seconds East
(along the easterly line of the conservation boundary), 567.46 feet to the Point
of Beginning of the center line of said 100 foot wide easement, said easement
being bounded on the west by said line; thence Harth 63 degrees 20 minutes 53
seconds East along said center line, 570.00 feet; thence North 30 degrees 53
minutes 56 seconds Hest, 55? 72 feet to a point on a line that is 50 feet
southeast of and parallel wilh said norllll-lest line of that parcel described in
Official Records Book 4-t5, at Page 1011; thellc;e Ncnth 59 degrees 06 minutes 01
secondo East along said parallel line, 4601..5() feet to a poillt that is about 100
feet east of the center line of Dluefield Road, and to the terminus of said
easement.
Dearing datum refera to the Florida State Plane Grid System North American Datum
of 1983, as readjusted in 1990, obtained from observation between two Hartin
County Geodetic Control Stations "FOOs" and "GS14", bearing North 44 degrees 03
minutes 12.7" seconds' East; the northwest line of that parcel described in
Official Records Book 445, at Page 1041, being North 59 degrees 06 minutes 04
seconds East.
Subject to the terms, provisions and conditions set forth in said easement.
ParceL2:
E6aY2eJ!l¡H!: for the benef.it of Parcel t a!.l ct·eated l.Jy t:hat certail) easement: elated
':i ':its and recorded .1J..2/98 in Official Records Book U50 , at Page
1116 over, under, through and across the land described as follO\-Is:
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Being a thirty foot (30') wide easemeJlt in Sections 16, 21 and 22, Township 37
South, Range 37 East, st. I.ucie County, Florida, the center line·of said 30 foot
wide easement being more particularly described as follows:
Commencing at the Northwe:st corner of Section 21; t.hénce Harth 89 degrees 45
minutes 45 seconds East along the N()l-th Une of Section 21, a distance of 725.32
teet: to an h-on pipe all thf~ N<)l-thweLlL I ill~ of Lhat parcel aD deocdhed ill
Official Hðconls nook 4-15, at l)ê\~e 10'11, ()f the I'"blic; Recorda of St. Lucie
County, Florida; thence NOl-th 59 degrees 06 lIIillllleu U4 seconds East alol\g saill
Hoa:thwest line, 3061.01 feeL to an iroll pipe; thence con,tinue Horth S9 degrees
06 minutes 01 seconds East along said 1 ine, 72.41 feet to the Point of Beginning
of the center line of said 30 foot easement beillg bounded on the Harth by said
trorthwest line; thence South 25 degrees 52 minutes 09 seconds East along said
center line, 3516.45 feet; thence South 49 c1egrees 44 minutes 31 seconds East,
along said center line 1842.2'1 feet; thence south 30 degrees 52 minutes 04
seconds East along said center line, 301.39 feet to the intersection of a dh-t
road in the F.P.L. easement described in Official Records Dook 230, at Page 246,
of the Public Records of St. Lucie County, Florida, being the terminus of said
30-foot wide easement.
It io the CXllreDfJcd IlIt:cllt of" I.!,,! <lUI (:lipl.ioll 1.0 CII(:OIII¡>¿¡IHI l.ha cxlfJlln~ ..Il·t l'()¿HI~
(known as Grove noal.l) wilhlll the linlÍuS of the J( Juut wIde easement.
Dearing datum refel-s to the f"lur-il.la Stale Plalle GI'id System Harth AmerIcan Datum
of 1903, as readjusted in 1990, ol>tained from obl:lervation between two Hartin
County Geodetic control !3tations "FOD5" and "(;S14", bearing North 44 degrees 03
minutes 12.7 seconds East; the North\olest line of that parcel described in
Official Records Book 4'15, at Page 1041, being Horth 59 degrees 06 minutes 0",
seconds East.
Suùject to the terms, provisions and conclitions Bet fOL·th in said easement.
SUBJ~CT TO THE FOLLOWING THREE EASEMENTS
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Being nOlle hUlldrcd fool (100') wide ensclllcnl in ScClÍolIS 25 1111d Jó, Township 37 SOlllh, RCllIgc
37 East, SI. Lucie County. fo'lorida, being more particularly described as follows:
Commencing at Ihe soulheas( corner of Seclion 36; llience SO,uth 89°43'52'1 West along Ihe soulh
line of Seclion 36, a dislance of 264.95 feel 10 Ihe POINT or BEGINNING lJeing on Ihe
norlhwesterly righi-of-way line of Florida Easl Coast Railroad (said right-of-way heing 75 feet
nOllhwcstcrly of élnd parnlld wilh Ihe cenlcrline of hc exisling rails); Ihence Norlh 44 °47'02" Easl
along said nO/lhweslerly righI-or-way linc, a dislancc of 177.04 feci to él poillt onlhe wesl right-of-
Wé\Y linc·oft/¡c Soulh Floricla Waler MallagclllclIl )istrid Canal C-2J; Ihcnce Norl/¡ 00°05'20" West
along said canal right-of-way line, a distance of207.J5 fcello Ihe soulh lillc of the Evalls Parcel as
described in Omcial Rc.conl Book 54, Page 2'10, Puhlic RecorJs of Sf. Lucie Counly, Florida;
Ihcnce Soulh 89° 54'18" West along said soulh line, 90.00 feel 10 Ihe soulhweslerly line of saicJ Evans
Parcel as marked hy a wood posl; Ihence Norlh J004'I'37" Wesl along said soulhweslerly fine of the
Evans Parcel. 8572.34 feel; Ihence Norlh 77" 11'19" Wesl, J 7.99 feel 10 a (Joint on a line Ihal is 100
feel soulhweslerly of and parallel wilh the said sOlllhwcslcdy line 0 f Ihe Evans Porcel; thence SOlllh
30°,,,,,.17" Easl along said parallel linc, fU2(i.?.1 i:d; I ICIICC SOlllh 00"05'20" Easl along II lille Ihal
is J50 fi:cl west of alld parallel wi'h Ihe sail wesl I ighlof way lillc orllle C-23 CIIII11I, 39ó.Oó fecI;
Ihellce SOl/lit 5ó"Jtf"2" West, J29.07 ti;cllo a poinl 011 lite sOl/lh lillc ofSecfiofl 361hal is 500.00
feel wesl of said norlhwesferly righI-or-way line of lite FIOI'ida East Coast Raifroad; Ihence North
89°43'52" Easl, 500.00 feet 10 the POINT OF BEGINNING.
Bearing dalum refers 10 Ihe Jï/orida Slale Planc Grid System NOllh American Dalllm or 1983, as
readjusled in 1990, ohlaincd rÌ'om ohservalion hclween two Marlin Counly Geodetic cOlllrol Slaliolls
"F005" rmd "OS 14", hearing NOllh 4,1 "OJ' 12.7" Easl; Ihe wcsllillc of Iltc Evnns Parcel heing NOllh
30°44')7" West.
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Beillg a one hundred foot (100') wide easement in Secliol1s 3-1, 35, nlld 36, Township 37 SOlllh,
Range )7 East, St. Lucie COllnty, Florida, being more particularly described as follows:
BEGINNfNG at the southwest corn~r of Section 34; thence North 89°45'28" Easl along the sOlllh
lille of Section 34, a dislance of 2662.54 feet 10 Ihe sOlllh c lIartef corner Ihereof; thence Norlh
89°44')6" East along the sOlllh line of See lion J4, a dislallCC of2óó J.5 J fcet to Ihe southeast corner
thercof; Ihcnce South 89"59'1'/" East alollg the sOlllh linc 0(" Scclioll )5, adistuncc of 915.07 fcct;
¡hcnce Norlh 5r 14'50" East, I ó00.59 lì:cl; thence SOllth 25 ° 4,1'17" East, 1088.21 fect tn Ihe sO\llh
quarter eOrllcr of Section 35; Ihcnce North 89°iIO'57" East along Ihe sOlllh line of Sectioll 35, a
distance of 2ó51.51 feet to the southeast corncr of Section 35; Ihence North 89°43152" Easl along
the south line of Section 36, a distance of 500 feet; thence Norlh 00° 16'08" West, 100 feel; thence
Soulh 89°43'52" West atong a titie Ihat is 100 feet narlll of and pí\rallel wilh Ihe soulh seclion lille,
500.04 feel; thence Soulh 89°'10'57" West along said par;¡lIeI tine, 2588.36 feet; Ihence NtHl1!
25 o¡ tJ'I7" West along a line that is 1 00 feel norlheast of and pnrallel with the previously descrihed
line of similar hearing, 1148.5" feci; IlIel\(:c SOIlIIl 52" I '1'50" Wesl along 11 linc that is 100 feci
northwesl ofulltl parallel wilh Ihe previollsly d.:scritH.:d lilll: o "sil1lilar hearing. 16MlJ.l)t fcdlo a
point Oil a line that is J 00 feel nOllh or and parallel wilh the sOlllh lillc of Section 35; Iht~lH:e NOIlh
89" 59'27" Westnlong said pnnallcllinc, 881. t () feci; Ihellce: SOl/lh 89",1,1'36" West ulong 11 line thai
is 100 feel Borlh of and parallel with thc sOlllh line of Section 3<1, a dislance of 2661.7) feel; thcnce
Soulll 89°45'2811 West along said paralle1line, 2662.ó7 feet 10 (he west line of Section 34; (hence
South 00° 19'16" East along said west line, 100 feet to he POINT OF BEGINNING.
Dearing dalum refcrs to the Florida Stale Plane Grid System North American Datum of 1983, as
rcadjusted ill 1990, ohtaincd 1¡·ol1l ohscrviltioll hetwecn two Mallill Counly Gcodclic control StalÍol1s
IIFOOY' and "OS 14", hearing Norlh 4'1 °03'11.711 Fast; the sOllth line of Section 36, being North
89°~J'S2" East.
II is the ¡nlent of Ihis instrumcnl 10 convey an accessihle I ût) foot wide easement for ingress and
egress along Ihe soulh po.rlfon ofSectÎolls 3/1, 35, rmd illlhe soulh 100 feet oflhe west 500 feet of
Section 36. It is hereby underslood and agreed upon hy said IH1![ies, Iheir successors and/or assigns,
that in order to insure that said easement is accessible and 1101 impeded by bay heads, slollghs,
Hooding or other ohstacles which wo"ld prevenl access within the 100 foot strip descrihed, Ihal
rc¡,\sollahlc nllernalive nccess hi; hCIc;hy glallh.:d OVCI IIlIohsln,dc;d lallds gellcrally loculc;d alllllg or
as lIear as pradicnl. 10 said des!: illl:d C'¡SCIIICIII ill 01 dcI' 10 COIl' Y 0111 thc illlcllliolls uf Ihe pal lies In
provide dear nnd unobstructed access aclOss said lands.
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Ilcil1t~ /I onc hllll<lrclI fool (t 00') wille ea:;CIIII:llf ¡Ii S<:cI;oI1S llí alld 21. TowIIs ¡ip :17 SOli' ¡. Range
Jll!asl, Sf. Lllcie Cot/nly, Florilla, fIC cClllcrlillc ofsairl cascmcnt heing more ,HJrticulady describcd
as fo lIows:
Commencing at the northwest corner of Section 21; thence Nor!h,89°45'45" East along the north line
of Section 21, a distance of 725,32 feet 10 all iron pipe on the J10rthwest line of that parcel described
ill Official Record Book 4,15, page I O~II, Puhlic Hccords of SI. Lucie County, Florida; thence Norlh
5<J"OÓ'04" Easl alollg snit! linc, ]OM.82 lè;C(to tin iron pipe; Ihcnce SOlllh 26°09'06" Easl (along the
easterly lillc oflhe cOllserví1lion houndary), 5<í7A<í 1è.~cI to the POINT OF BEGINNING oflhe cenlcr
line of said 100 foot wide casement, saill casement hcing hounded ollthc east hy said lille; thence
SOIllh 63 °20'53" Wcsl along said celller lillc, <í7iL3] feel; thcnce SOlllh 6r29'20" Wesl along said
center lin.e, 2881.52 feel to a poillt on a line cOllnecting the northwest corner of Section 21 wilh the
southeast comer of Seclion 2 i (heing the westerly boundary of the conservation parcel ), said poinl
beillg 480.00 feet soulheas! 0 f the nOllhwest corner as measured along said westerly boundary, said
line being Ihe tenninus of the 100 foot wide easemcnt descrihed herein.
II is Ihe expressed intenl of Ihi~ description In Cllcnnlpass nil of the existing dirl rond within the
limits of the I no fool wide casclllclIl.
Bearing dahlin refers 10 Ihe Florida Slale PJane Grid Syslem North American Datum of J 98J, as
readj1lslcd in 1990, ohlained from ohservation hetween two Martin COllnty Geodelic Conlrol
Stations "F005" and "OS I il", bearing NOlth 44 °0)' 12.7" Easl; Ihe northwesl line of that (Jnrcel
descriùell in Official Record Oook 445, Page (Hf; heing North 59°06'04" Easl.
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AGENDA REQUEST
....,,¡ ITEM NO. C-3-A
DATE: January 4, 2000
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [XX]
TO: B..OARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): PURCHASING
PRESENTED BY:
CHARLES BICHT
SUBJECT:
Award of Bid #99-066 Potable Water Improvements North A1A MSBU
BACKGROUND:
On July 14, 1999 bids were opened for the North A1A Potable Water Main Extension MSBU.
Forty Eight vendors were notified, ten sets of bid documents were distributed and three bids were
received. The low bidder is Barton Underground Construction in the amount of $38,537.50.
FUNDS WILL BE MADE AVAILABLE IN:
391-4114-563000-3802
391-4114-599330-3802
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Staff recommends approval of the award of bid #99-066 North A1A MSBU Potable Water
Improvements to the low bidder Barton Underground Construction, approve the budget as stated
on the attached memorandum #99-472 and authorize the chairman to sign the contract as
prepared by the County Attorney. Approval contingent upon the adoption ofthe assessment roll.
COMMISSION ACTION:
ENCE:
k] APPROVED [] DENIED
[ ] OTHER:
--..
au Anderson
County Administrator
County Attorney:(X)
f)4
Coordination/Siqnatures
Mgt. & BUdget:(X) Ç7IIJ rr¡M ffI
Purchasing Mgr.:(X)
oB
Originating Dept:
Finance: (Check for Copy only, if Applicable)
Other:
Other:
Eft. 1/97
H:\WP\AGENDAS\BIDS\99-066 award.wpd
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#
TO:
VIA:
VIA:
FROM:
DATE:
SUBJECT:
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ENGINEERING
DIVISION
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MEMORANDUM
No. 99-472
Charles L. Bicht, Sr. - Purchasing Manager
Donald B. West, P.E. - County Enginee~~~
Barbara Meinhardt, Budget and Revenue Coordinator ~.ps~
Rebecca Padrick, MSBU Coordinator ct2P
December 20, 1999
North A 1 A MSBU - Potable Water Improvements Bid No. 99-066
This project will provide potable water improvements to properties within the boundaries of the
North A1A Municipal Services Benefit Unit. On January 4th, 2000, the Second Public Hearing
will be held at which time the Board will consider adopting the preliminary assessment roll and
authorizing the County Engineer to proceed with construction.
On July 14, 1999, bids for this project were opened in the Purchasing office. We have reviewed
all three bids using the unit prices given. Based upon our review of the bids, we recommend
award of the contract (subject to adoption of assessment roll on January 4, 2000) to the low
bidder, Barton Underground Construction, in the amount of $38,537.50. Based upon the
expiration timeframe of the bids, the award of contract will need to be held on January 4, 2000.
Therefore, award of bid shall be "subject to adoption of assessment roll".
An interim budget has already been setup for preliminary project costs. The budget will be
amended to reflect the bid amount:
Construction
Testing
Reserves
$38,037.50
$ 500.00
$ 5,000.00
Funds will be made available in the following accounts:
391-4114-563000-3802 Improvements OfT Bldgs
391-4114-599330-3802 Reserves
Attachments (Bid Summary Sheet)
cc: Ray Wazny, Public Works Director wI attachments
Donald. B. West, County Engineer .
Bill Blazak, Utilities Director
g:\wp\msbu\na 1 a\award. wpd
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AGENDA REQUEST
...., ITEM NO. C-3-B
DATE: January 4, 2000
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [XX]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): PURCHASING
CHARLES BICHT
SUBJECT:
Award of RFP #00-003 Archaeological Survey Phase 1 (Re-issue)
BACKGROUND:
On November 24, 1999 proposals were received for the archaeological survey phase 1. Eighty
nine vendors were notified, four sets of RFP documents were distributed and two proposals were
received. See attached.
FUNDS AVAIL.:
102201-1510-531000-100
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Staff recommends approval of the selection committee recommendation to enter into a contract
with Archaeological and Historical Conservancy Inc. and authorize the chairman to sign the
contract as prepared by the County Attorney.
~] APPROVED [] DENIED
[ ] OTHER:
COMMISSION ACTION:
County Attorney:(X)
:tr
Purchasing Mgr.:(X)
C-fJS
Mgt. & Budget:(X)
Originating Dept:
Finance: (Check for Copy only, if Applicable)
Other:
Other:
Eft. 1/97
H;\WP\AGENDAS\BIDS\OO-003 award.wpd
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MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
DATE:
Charlie Bicht, Purchasing Director ~
Assistant Community Development Dire tor
December 27, 1999
TO:
FROM:
SUBJECT:
Request the Board of County Commissioners approve Archaeological and
Historical Conservancy, Inc., Technical Bid Proposal (#00-003) - Archaeological
Survey - Phase I
On December 21, 1999, the selection committee responsible for reviewing the proposals and
recommending a contractor for the St. Lucie County Archaeological Survey - Phase I
recommended Archaeological and Historical Conservancy Inc. as contractor. This recommendation
was made after review of proposals submitted pursuant to the Request for Proposals #00-003
Archaeological Survey Phase I (Rebid). No. 96-271. Archaeological and Historical Conservancy,
Inc. has completed several countywide surveys in southeast Florida, including neighboring Martin
County.
As background, on August 25, 1998, the Board of County Commissioners authorized the
submission of a grant application requesting $20,000 from the Florida Division of Historical
Resources for the preparation of the St. Lucie County Archaeological Survey, Phase I. On July
13, 1999, the Board of County Commissioners approved the Grant Award agreement and requests
for advanced payments. The Grant Award agreement provides that the County provide a match
fifty percent match. The local match is available in account #102201-1510-531000-100.
Please forward a request to the Board of County Commissioners for approval of Archaeological
and Historical Conservancy, Inc. as contractor to perform the archaeological survey approved
under the Division of Historical Resources grant. A copy of the selection committee minutes are
attached.
If you have any questions or need further information, please contact Diana Waite at ext. 1577.
·
'-'
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MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
TO: File
FROM: Diana Waite, Environmental Planner ill :Q..!vÙ
DATE: December 21, 1999
SUBJECT: Selection Committee Meeting to select contractor for the Archaeological and
Historical Conservancy, Inc., Technical Bid Proposal (#00-003) -
Archaeological Survey - Phase I
On December 21, 1999, Jodi Rosier, Heather Young and I met to discuss the bids received in
response to an RFP to conduct a Archaeological Survey of 81. Lucie County. Two bid packages
were received as a result of the RFP. Past work assignments, publications and references of each
consultant were discussed. The meeting concluded with an unanimous selection of the
Archaeological Historical Conservancy, Inc as contractor.
Steve Fousek, a selection committee member was not able to make the meeting (confusion over
scheduling of the cd-conf. rm) but later concurred with the selection of the Archaeological and
Historical Conservancy, Inc. as contractor.
,
'-'
AGENDA REQUEST
....,
ITEM NO. C-3-C
DATE: January 4, 2000
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [XX]
TO: B..OARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): PURCHASING
PRESENTED BY:
CHARLES BICHT
SUBJECT:
Bid #99-084 Midway Road and NSLRWCD Canal 90 at McCarty Road Control Wall Replacement
- reject all bids.
BACKGROUND:
On October 20, 1999 bids were opened for Midway road & canal 90 at McCarty road control Wall
replacement. Twenty one vendors were notified, six sets of bid documents were distributed and
three bids were received. See attached.
FUNDS AVAIL.: N/A
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Staff recommends rejecting all bids and permission to re-advertise the bid with revised bid
documents.
[x] APPROVED [] DENIED
[ ] OTHER:
CE:
COMMISSION ACTION:
.' 4·-
Do g nderson
County Administrator
County Attomey:(X) 0:
Coordination/Sianatures
Mgt. & BUdget:.ø() (lJfYl f.1¡
Other:
Purchasing Mgr.:(X)
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Originating Dept:
Other:
Finance: (Check for Copy only, if Applicable)
Eff. 1/97
H:\WP\AGENDAS\BIDS\99-084 reject.wpd
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DIVISION OF ENGINEERING
MEMORANDUM
99-455
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From:
Charles L. Bicht, Sr. - Purchasing Manager
Don West, P.E. - County Engine~~\:\
Craig Hauschild, E.!. - Project Manager ð#-
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To:
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Via:
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Date:
December 14,1999
Subject:
Award of Midway Road and NSLRWCD Canal 90 at McCarty Road Control
Wall Replacement (Bid # 99-084).
:.:.:.:~.:.::.:.::.:.::.:.:.:.:.:.:.:.:.:-:.:-:.:.:.:.:.:-:.:-:.:-:.:-:.:-:.:.:.:-:.:-:.:-:.:-:.:-:.:-:.:-:.:-:.:-:.:-:.:-:.:-:.:-:.:.:.:.:;.:.:.:-:.:-:.:.::.:-:.:.:-:-:.:-:.:-:.:.:.:-:.:-:.:-:.:.:;.:.::.:-:.:-:.:-:.:-:.:-:.:-:.:-:.:-:.:.:;.:-:-:-:.:.:;-:-:.:-:.:-:.:.:;.:.:.:.:;.:-:-:-:.:-:.:-:.:-:.:-:.:.:.:-:.:.::.:.::.:-:.:-:.:-:.:-:.:.:;.:.:;.:-:-:.:;.:-:.:.:;.:-:.:.:.:-:-:.
..............,..........-.........................':.......':...............................................................................':.........................".....................................':...........~......':...............~......~..~..................................................-...-...-......_................~....-.....................-
:::~::~::~::~::~::~::~::i::~::i::i::~::~::i::~::i::i::i::i::::::i::i::i::i::i::i::i::i::i::i::i::i::i::i::~::i::i::i::i::i::i::i::i::i::i::i::i::i::i::i::i::~::i::~::i::i::i.::i::~::i::i::i::~::i::~::i::~::::::i::::::i::~::i.::i::i::i::i::i::i::i::i::i::i::i::i::i::i::i::~::i:::
As you are aware, low bidder for this project, Underwater Engineering Services, Inc., has
been disqualified. The other two (2) bidders for this project have exceeded the allocated
funds.
We recommend the present contract not be awarded. We are revising the bid documents
in anticipation of receiving lower bids. New bids documents shall be forwarded to the
Purchasing Department at a later date.
cc Ray Wazny P.E. - Public Works Director
Mike Powley, P.E. - Capital Projects Engineer
1
'-'
...."
AGENDA REQUEST
ITEM NO. C-3-D
DATE: January 4, 2000
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [XX]
TO: ~OARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): PURCHASING
PRESENTED BY:
CHARLES BICHT
SUBJECT:
Piggy-back the Port St. Lucie bid for sod with Nature's Keeper, Inc.
BACKGROUND:
In accordance with the St. Lucie County Purchasing Manual Section 5.7, staff requests permission
to piggy-back the Port St. Lucie sod bid with Nature's Keeper, Inc. See attached.
FUNDS AVAIL.:
Ideal Holding MSBU 392-4115-563000-415006
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Staff recommends approval of the request to piggy-back the Port St. Lucie sod bid with Nature's
Keeper, Inc. and authorize the chairman to sign the contract.
[Xj APPROVED [] DENIED
[ ] OTHER:
.-.---
COMMISSION ACTION:
County Attomey:(X)
~~
Purchasing Mgr.:(X)
vB
Mgt. & Budget:(X
Other:
Other:
Originating Dept:
Finance: (Check for Copy only, if Applicable)
Eff. 1/97
H:\WP\AGENDAS\OTHER\sod piggy-back.wpd
'-
...,
BOARD OF COUNTY
COMMISSIONERS
PUBLIC WORKS
DEPARTMENT
December 7, 1999
Natures Keeper, Inc.
Attn: Mr. Roberto West
3795 Sneed Road
Fort Pierce, Florida 34945
Re: Sod Contract
Dear Mr. West:
Enclosed are four (4) originals of the Sod Contract with St. Lucie County Road & Bridge
Division for the purchase of sod for the Ideal Holding MSBU project. Please sign and
return all four originals to this office, and we will process for Board approval.
If you have any questions or need additional information please contact myself or
Dewey Hudman at 462-2802.
Sincerely,
~~
P. M. Bowers, Manager
Road & Bridge Division
PMB:sb
Attachments: 4
V cc: Dewey Hudman, Project Coordinator
Ray Murankus, Drainage Maintenance Supervisor
JOHN D. GRUHN. Dlsrricr No.1. DOUG COWARD. DiSTricr No.2. PAULA A. LEWIS. Disrricr No. J . FI\ANNIE HUTCHINSON. Disrricr No.4· CLIFF GARNES. Dlsrricr No.5
Counry Adminisrroror - Douglos M. Anderson
2300 Virginia Avenue · Ft. Pierce, FL 34982
Public Works: (561) 462-1485 · FAX (561) 462-2362
Division of Engineering: (561) 462-1707 Fox 462-2362 · Division of Rood & ßridge: (561) 462-2511 FAX 462-2363
Division of Solid Waste: (561) 462-1768 FAX 462-6987
Division of ßuilding & Inspections: (561) 462-1553 Fax 462-1735 · TOD (561) 462-1428
.......
""""
SOD CONTRACT
THIS CONTRACT, made this _ day of
A.D.
, between S1. LUCIE
COUNTY, a political Subdivision of the State of Florida, hereinafter called the "COUNTY"
and NATURE'S KEEPER. INC. ,or his, its or their successors, executors,
administrators, and assigns hereinafter called the "CONTRACTOR":
WITNESSETH:
1. PURPOSE
That the Contractor agrees with the County, for the consideration herein mentioned,
at his, its or their own proper cost and expense to do all the work and furnish all the
materials, equipment, supplies and labor necessary to carry out this Agreement in
the manner and to the full extent as set forth in the proposal and the accompanying
plans, specifications, addenda if any, as prepared by the St. Lucie County Road and
Bridge Division of Public Works, and drawings, and they are as fully a part of the
Contract as if hereto attached or herein repeated, and under security as set forth
in the attached Contract bond, and to the satisfaction of the duly authorized
representatives of St. Lucie County, who shall have at all times full opportunity to
inspect the materials to be furnished and the work to be done under this Agreement.
2. GENERAL DESCRIPTION OF WORK
It is agreed that the work to be done under this Contract is:
A. To provide sod and installation as approved by the Road and Bridge Manager
or his representative for St. Lucie County Road and Bridge Division on an "as
needed" basis for Ideal Holding Road Project.
3. PROJECT MANAGER
The Project Manager for the County is the Road and Bridge Manager or his
representative at (561) 462-2717. The Project Manager for the Contractor is _
Roberto West at 561-467-1230
4. CONTRACT DOCUMENTS
The Contract Documents which comprise the Contract between the County and the
Contractor are attached hereto and made part hereof and consist of the following:
Page 1 of 9
A. This Contract, p'rQes -L through î inclusive.
.....,¡
B. Contractor's Bid Reply Sheet (City of pt St Lucie Bid Tab Report).
C. Specifications, consisting of:
Sod Bid Specifications (4 pages).
D. Insurance Certificates, which shall be provided by the Contractor, along with
the return of this executed Contract.
E. Any Modifications, including change orders, duly delivered after execution of
this Contract.
5. PERFORMANCE GUARANTY
That. Contractor guarantees to repair, replace or otherwise make good to the
satisfaction of the County any defect in workmanship or material appearing in the
work; and further guarantees the successful performance of the work for the
service intended. Neither inspection nor payment, including final payment, by the
County shall relieve the Contractor from his or its obligations to do and complete the
work in accordance with this Agreement. If the County deems it inexpédient to
require the Contractor to correct deficient or defective work, an equitable deduction
from the contract price shall be made therefore or in the alternative, the County may
sue for damages.
6. TERM OF CONTRACT
The Contract term will be for a period of up to one (1) year, beginning at the date
found above and terminating, December 31st, 2000.
7. CONTRACT PAYMENT
The County shall pay the Contractor for the performance of this Contract upon the
rendering of said services on an "as needed" basis in the amount as specified in the
Bid Reply Sheet in accordance with the Contract Documents as authorized by the
County Project Manager or his designee in an amount not to exceed one hundred
thousand and 0/100 ($100,000.00) dollars per year.
8. PAYMENT SCHEDULE
The County shall make payments on account of the Contract, upon the satisfactory
completion of said service(s), within thirty (30) days upon receipt of invoice.
9. PERMITS. NOTIFICATION AND FEES
It shall be the Contractor's responsibility to secure all permits necessary to conduct
the work in accordance with required regulations and to notify all applicable utilities
or parties affected by his operations. He shall further be responsible for all fees
associated with the performance of this Contract.
Page 2 of 9
'--' ...,
No work shall be performed under the provisions of this contract on any properties
outside the limits of the County maintained right-of-way without the express written
permission of the affected landowner. Any such permission shall be secured by the
Contractor and shall identify the provisions under which such work is to be
performed and shall not constitute a liability to the County nor relieve the Contractor
of his responsibilities/obligations.
10. AUDIT
The Contractor agrees that the County or any of its duly authorized representatives
shall, until the expiration of three years after expenditure of funds under this
Contract, have access to and the right to examine any directly pertinent books,
documents, papers, and records of the Contractor involving transactions related to
this Contract. The Contractor agrees that payment(s) made under this Contract shall
be subject to reduction for amounts charged thereto which are found on the basis
of audit examination not to constitute allowable costs under this Contract. The
Contractor shall refund by check payable to the County the amount of such
reduction of payments. All required records shall be maintained until an audit is
completed and all questions arising therefrom are resolved, or three (3) years after
completion of the project and issuance of the final certificate, whichever is sooner.
11. PUBLIC RECORDS
The Contractor shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the Contractor in conjunction with this Contract.
12. INSURANCE
A. PUBLIC LIABILITY
The Contractor shall maintain during the lifetime of this Contract regular
Contractor's Public Liability Insurance providing for a limit of not less than Three
Hundred Thousand Dollars ($300,000.00) for all damages arising out of bodily
injuries to or death of one person, and subject to that limit for each person, a total
of Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of
bodily injuries to or death of two or more persons in anyone accident, and the
regular Contractor's Property Damage Liability Insurance providing for a limit of not
less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out
of injury to or destruction of property during the policy period. If any part of the work
is subject similar insurance shall be provided by or in behalf of the subcontractors
to cover their operations.
B. WORKER'S COMPENSATION
The Contractor shall procure and maintain, through the term of this Contract,
Worker's Compensation Insurance in accordance with the laws of the State of
Florida and in amounts sufficient to secure the benefits of the Florida Workman's
Compensation law -for all employees of the Contractor and all subcontractors. The
Worker's Compensation Insurance policy required by the Contract shall also include
Employer's liability.
Page 3 of 9
~ ...."
C. CERTIFICATE OF INSURANCE
Certificates to all insurance required from the Contractor shall be subject to the
County's approval for adequacy. All such insurance shall name the County as
additional named insured.
13. CONTRACTOR RESPONSIBILITY
The Contractor is an independent Contractor and is not an employee or agent of
the County. Nothing in this Contract shall be interpreted to establish any
relationship other than that of an independent Contractor, between the County and
the Contractor, its employees, agents, subcontractors, or assigns, during or after the
performance of this Contract. The Contractor shall take the whole responsibility of
the work and shall bear all losses resulting to him, or it, on account of the amount
or character of the work, or because of the nature of the ground in or on which the
work is done is different from what was assumed or expected, or because of bad
weather, or because of errors or omissions in his or its bid on the Contract price, or
except as otherwise provided in the Contract Documents because of any other
causes whatsoever.
The Contractor shall protect the entire work, all materials underthe Contract and the
County's property (including machinery and equipment) in, or on or adjacent to the
site of the work until final completion and work, from the action of the elements, acts
of other Contractors, or except as otherwise provided in the Contract Documents,
and from any other causes whatsoever; should any damage occur by reason of any
of the foregoing, the Contractor shall repair at his, or its, own expense to the
satisfaction ofthe County or its Project Manager. Neitherthe County nor its officers,
employees or agents assume any responsibility for collection or indemnities or
damages from any person or persons causing injury to the work of the Contractor.
At his, or it's expense, the Contractor shall take all necessary precautions including
but not limited to the furnishing of guards, fences, warning signs, walks, flags,
cables and lights for the safety of and the prevention of injury, loss and damage to
persons and property. The term persons as used herein includes but is not limited
to members of the public, the County and its employees and agents, the Project
Manager and his employees, Contractor's employees, his or its subcontractors and
their respective employees, other Contractors, their subcontractors and respective
employees, on, about or adjacent to the premises where said work is being
performed. Contractor shall comply with all applicable provisions of safety laws,
rules, ordinances, regulations, building codes and orders of duly constituted public
authorities.
The Contractor assumes all risk of loss, damage and destruction to all of his or its
materials, tools appliances and property of every description and that of his or its
subcontractors and of their respective employees or agents, and injury to or death
of the Contractor, his or its employees, subcontractors or their respective
employees or agents, including legal fees, court costs or other legal expenses,
arising out of or in connection with the performance of this Contract.
The Contractor agrees to forever save and keep harmless and fully indemnify the
County, its officers, employees and agents of and from all liabilities, damages,
Page 4 of 9
¥ ....,
claims, recoveries, cost and expense because of loss of, or damage to, property,
or injury to or deaths of persons in any way arising out of or in connection with the
performance of this Contract to the extent of the insurance provisions set out in
Section 12 in this Agreement.
14. INSPECTION
The project will be inspected by the Project Manager and will be rejected if it is not
in conformity with the Contract provisions. Rejected work will be immediately
corrected by the Contractor. When the work is substantially completed, the
Contractor shall notify the County in writing that the work shall be ready for final
inspection on a definite date, at least three (3) calendar days thereafter, which shall
be stated in such notice,
15. DEFAULT: TERMINATION
A. FOR CAUSE
If either party fails to fulfill its obligations under this Contract in a timely and proper
manner, the other party shall have the right to terminate this Contract by giving
written notice of any deficiency and by allowing the party to default seven (7)
calendar days to correct the deficiency. If the defaulting party fails to correct
deficiency within this time, this Contract shall terminate at the expiration of the
seven (7) calendar day time period.
With regard to the Contractor, the following items shall be considered a default
under this Contract:
1. If the Contractor should be adjudged bankrupt, or if he, or it, should
made a general assignment for the benefit of his, or its, creditors, or
if a receiver should be appointed on account of his, or its, insolvency.
2. If the Contractor should persistently or repeatedly refuse of fail,
except in cases for which an extension of time is provided, to supply
enough properly skilled workmen or proper material or if the
Contractor should fail to make prompt payment for materials, or labor
or other services entering into the work.
3. If the Contractor disregards laws, ordinances, or the instruction of the
Project Manager or otherwise be guilty of a substantial violation of the
provisions of the Contract.
I n the event of termination, the County may take possession of the premises
and all materials, tools, and appliances, thereon and finish the work by what
ever method it may deem expedient. I n such cases, the Contractor shall
only be entitled to receive payment for work satisfactorily completed prior to
the termination date. If such expense offinishing the work shall exceed such
unpaid balance the Contractor shall pay the difference to the County. The
expense incurred by the County as herein provided, and the damage
incurred through the Contractor's default, shall be certified by the Project
Page 5 of 9
~
..."
Manager.
B. WITHOUT CAUSE
Either party may terminate the Contract without cause at any time upon thirty (30)
calendar days prior written notice to the other party. In the event of termination, the
County sha\1 compensate the Contractor for all authorized work performed through
the termination date.
16. NON DISCRIMINATION
Contractor covenants and agrees that Contractor sha\1 not discriminate against any
employee or applicant for employment to be employed in the performance of the
Contract with respect to hiring, tenure, terms, conditions or privileges of
employment, or any matter directly or indirectly related to employment because of
age, sex or physical handicaps (except where based on a bonafide occupational
qualification); or because of marital status, race, color, religion, national origin or
ancestry.
17 . VERIFICATION OF EMPLOYMENT STATUS
Contractor agrees that it shall bear the responsibility for verifying the employment
status, under the Immigration Reform and Control Act of 1986, of a\1 persons it
employs in the performance of the contract.
18. FLORIDA PRODUCED LUMBER
Where applicable Contractor agrees to comply with the provisions of Section
255.20, Florida Statutes, (1989) and as may be amended from time to time.
19. ASSIGNMENT
Contractor shall not assign this Contract to any other persons or firm without first
obtaining County's written approval.
20. ATTORNEYS' FEES AND COSTS
In the event the Contractor defaults in the performance of any of the terms,
covenants and conditions ofthis Contract, the Contractor agrees to pay all damages
and costs incurred by the County in the enforcement of this Contract, including
reasonable attorney's fees.
21. NOTICES
A\1 notices, requests, consents, and other communications required or permitted
under this Agreement sha\1 be in writing and shall be (as elected by the person
giving such notice) hand delivered by messenger or courier service,
telecommunicated, or mailed by registered or certified mail (postage prepaid) return
receipt requested, addressed to:
Page 6 of 9
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With A Copy To:
As to County:
St. Lucie County Administrator
Administration Annex
2300 Virginia Avenue
Fort Pierce, Florida 34982
St. Lucie County Attorney
Administration Annex
2300 Virginia Avenue
Fort Pierce, Florida 34982
St. Lucie County Road &
Bridge Manager
Administration Annex
2300 Virginia Avenue
Fort Pierce, Florida 34982
As To Contractor:
Ms. Roberto West
3795 Sneed Rd
Fort Pierce, FL 34945
or to such other address as any party may designate by notice complying with the
terms of this Section. Each such notice shall be deemed delivered (a) on the date
delivered if by personal delivery. (b) on the date upon which the return receipt is
signed or delivery is refused or the notice is designated by the postal authorities as
not deliverable, as the case many, if mailed.
22. INDULGENCE NOT WAIVER
The indulgence of either party with regard to any breach or failure to perform any
provision of this Contract shall not be deemed to constitute a waiver of the provision
or any portion of this Contract either at the time the breach or failure occurs or at
any time throughout the term of this Contract.
23. CONFLICT OF INTEREST
The Contractor represents that it presently has no interest and shall acquire no
interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder, as provided for in Florida Statutes
112.311 (1989) and as may be amended from time to time. The Contractor further
represents that no person having any interest shall be employed for said
performance.
The Contractor shall promptly notify the County in writing by certified mail of all
potential conflicts of interest prohibited by existing state law for any prospective
business association, interest or other circumstance which may influence or appear
to influence the Contractor's judgment or quality of services being provided
hereunder. Such written notification shall identify the prospective business
association, interest or circumstance, the nature of work that the Contractor may
undertake and request and opinion of the County as to whether the association,
Page 7 of 9
interest or circumst~e would, in the opinion of the cou~, constitute a conflict of
interest if entered into by the Contractor. The County agrees to notify the Contractor
of its opinion by certified mail within thirty (30) days of receipt of notification by the
Contractor. If, in the opinion of the County, the perspective business association,
interest or circumstance would not constitute a conflict of interest by the Contractor,
the County shall so state in the notification and the Contractor shall, at his/her
option, enter into said association, interest or circumstance and it shall be deemed
not in conflict of interest with respect to services provided to the County by the
Contractor under the terms of this Agreement.
24. INTERPRETATION: VENUE
This Contract constitutes the entire Agreement between the parties with respect to
the subject matter hereof and supercedes all prior verbal or written Agreements
between the parties with respect thereto. This Contract may only be amended by
written document, properly authorized, executed and delivered by both parties
hereto. This Contract shall be interpreted as a whole unit and section headings are
for convenience only. All interpretations shall be governed by the laws of the State
of Florida. In the event it is necessary for either party initiate legal action regarding
this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County,
Florida, for claims under state law and the Southern District of Florida for any claims
which are justiciable in Federal Court.
Page 8 of 9
IN WITNESS WHE~OF, the County has hereunto subs"'bed and the Contractor
has affixed his, its, or their names, or name, and seal the date aforesaid.
ATTEST:
BOARD OF COUNTY
COMMISSIONERS, ST.
LUCIE COUNTY, FLORIDA
BY:
Chairman
Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
WITNESSES:
CONTRACTOR
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BID ADDENDUM
ADDENDUM #3 TO BID #5-0058-00
Addendum Date: 9/16199
Supply and Insta11 Sod
Please mako the foDowing modifications to the subject bid:
The PrctBid has been reschcciuled for Septembec 20" 1999 at 10:00 a..m. located at the 0t1ice ofMaœgement &.
Budget Conference Room, BJ.ds ~ Room 390. 121 SW Port St Lucie Blvd, Port St. Lucie.
Please note that the orlgb:W bid opeojns d8te i. revised to September 28, 1999 at 11:00 Lm.
InstnIctions to Bidder.
Each bidder must acknowledge receipt of any addenda on the Bid Reply Sheet in order to have hislher bid or
proposal to be accepted.
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BID ADDENDUM
ADDENDUM #2. TO BID #8-0058-00
Addendum Date: 9/13/99
Supply and InstaB Sod
Due to the pending hurrican~ the Pre-Bid to be held 0119/14/99 @ 10:00 bas been postponed until tbrther
notice. Addendum #3 win be isaued as soon as possible to advise of the revised Pre-Bid date and time.
Inmuctions to ~í6d~:
Each bidd« must acknowledge receipt of any addenda on the Bid Reply Sheet in order to have bislher bid or
proposal to be aœepted.
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BID ADDENDUM
ADDENDUM #1 TO BID #8-0058-00
Addendum Date: 9/10/99
Supply and Inatall Sod
Please make the ronowing modifications to the subject bid:
-
Please note the time correction in Section 3.1 oftbe Bid Specifit-.atiou:
3.1 Pre-BkI Ccmfenaœ - A Pre-Bid Confereœe for all Bidders will be held on Tuesday,
September 14t 1999 at 19:00 a.m. located at the Office of Management &. Budget ConfeIence
Room, Bldg A, Room 390, 121 SW Port St. Lucie Blvd, Port St. Lucie. At this time, the
specifications and other biddU1g ctocumcnts wiD be explained, and questions regarding the
project will be discussed.,
Please note that the origiDal bid opening date is unchanged.
Instructions to Bidder.
Each bidder must Iclmowledge reœiptoE any addenda on the Bid Reply Sheet in order to have bisIher bid or
proposal to be accepted.
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Invitation to Bid
Sealed Bid 15-0058-00 for Supplyin¡ and Installing Sod will be received by the City of Pon St. Lucie,
in the Office of Management &. Budgct, located in the trailer behind City Hall, 121 SW Port St. Lucic
Blvd., Port St. Lucie, FL 34984-5099, untilU:OO a.m. on September 21, 1999. Specifications are
attached hereto.
A Pre-Bid Conference for all Bidders wUl be held on Tuesday. September 14. 1999 at 10:00 a.m.
located at the Office of Management & Budget Conference Room, Bldg A. Room 390, 121 SW Pon St.
Lucie Blvd, Port St. Lucie. At this time 1be spcçiftcad0D8 am other bkkiin¡ c:locwnentS will be
explaúled and questions reprdin¡ the project will be discussed.
AU bids must be received by the date and time specified above. when they will be opened and publicly
read aloud. The bid time must be and shall be scrupulously observed. Under no circumsrances shall
bids delivered aftet the time specified be considered. SUch bids will be remrnec1 to the vendor
unopened. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Office of
Management and Budget on or before the closing date and time. The City shall in no way be
responaible for delays caused by any other occurrcnœ.
Tho City reserves the right to waive irregularities, reject and/or accept any and al1 bids. in whole or in
part, or take such other action as serves the best inœrests of the City.
Matries Berz1cr, CPPB, Buyer
Office of Mana¡cment and Budget.
NØI.: Failure to respond will cause your name to be removed from the bidder list which was utilized
for the distribution of this bid. If you choose not to bid, but wish to remain on the bidder list. you must
reply by completin¡ and returning the enclosed No Bid Statement,
CAUTION: It is the bidder's responsibility to insure that bids are received in the Office of
Management &. Bud¡ct prior to the date and time specified above. Receipt of a bid in .ny other City
office does not saûsfy this requirement.
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SpedfkatiODS
Bid #S-~8-001MB
Supply and Install Sod
QyERVIEW
The City of Port St. Lucie desires to obtain quotations from qualified individuals, firms. and
legal entities relative to supplying aDd installing sod. Selected Bidder(s) must be qualified and
capable of supplying and instaWna up to 43.000 square feet of sod per week. Poor quality
finish will not be accepted. It Ja the intent of the City to award a contract to a primary and
secondary contractor to render all services requJred herein. The ~Ddary contraetor
sbaD be called V.poD oDly If the primary is unable to supply.
1. GENERAL REQUIREMENTS
1.1 Invitation to Bid - AU requirements contained in the Invitation to Bid are
hereby incorporated in this specification.
1.2 Cqst of Preparation or Bid - The City will not be responsible for any cost
incurred by any Bidder in the preparation of their bid.
1.3 1lTRrnlnAtioD of Drawmfs and Contract Doenments . Bidders shall
thoroughly e~Amine this specification and all other drawings, documents or
other materials referred to herein and conduct such investigations and visits as
may be necessary to thoroughly inform themselves regarding existing plant.
facility, personnel and other conditions relative to compliance with this
specification. No plea of ignorance by the Bidder of conditions that exist or that
may hereafter exist. as a result of failure or omission on the part of the Bidder
to make said investigations and visits. and/or failure to fulfill in every detail the
requirements of this specification and documents promulgated therein, will be
accepted as a basis for varying the requirements of the City or the compensation
of the Selected Bidder(s}.
1.4 Bid Prlc:e - Bidders must agree to furnish any item(s) wbid1 are awarded to
them as a result of their response to this specification at the prlce(s) indicated on
their respective Bid Reply Sheet and to guarantee that said price(s) win be firm,
not subject to escalation, for the stated time period. SUbmittal of a bid sba11 be
prima facie evidence of the Bidder's intent to comply with this requirement.
Any bid submitted with escalator clauses shall be rejected.
1.5 Q¡u,Hflcadons - Bidders must be able to demonstrate adequate staff,
equipment and experience to fulfill the requirements of this specification.
References from existing accounts financial statements, list of projects recently
completed and in process, major equipment available for this project. and
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experience of the principal members of the Bidder's organization must be
furnished within seven (7) days. if requested.
1.6 Award of Contract - The award of the Contract, if it is awarded, will be
to the lowest responsible Bidder whose qualifications indicate the award will be
to the best interest of the City and whose bid shall comply with the requirements
of the Bid Specifications. In DO case will the award be made untU aU necessary
investigations have been made into the responsibility of the low Bidders I and the
City is satisfied that the Bidders are qualified to do the work and have the
necessary organization, experience, capital, and equipment to carry out the
provisions of the contract to the satisfaction of the City.
1.7 Va9~u'çes to Speclftcations - Bidders must indicate any variances to the
Specifications. Additiooally, if bids are based on alternate productS, Bidder
must indicate the manufacturer's name and number of the alternate itemS being
offered and attach appropriate specifications. If variations and/or alternates are
not stated in Bidder 's reply, it shall be construed that the bid fully conforms
with the specifications.
1.8 OSHA CompllADee - Bidders must agree that. the products furnished and
application methods will comply with applicable provisions of the
Williams-Steiger Occupational Safety and Health Act of 1970 and/or the F10rida
Division of Safety, whichever is applicable.
1.9 SuhmlH:aI of Bid - Unless otherwise provided herein. aU bids sball be
submitted by completing and remming the Bid Reply Sheet and any other
documentation which is required by this bid. The Bid Reply Sheet must be
typed or printed and signed in ink. Erasures or other changes must be initialed
by the individual signing the bid. The Bid Reply Sheet must be returned in a
envelope with the bid number. title of bid, date and time of opening. and the
vendor's name on the outside of the envelope. Responses by telephone. r.elegram
or facsimile shall not be accepted.
1.9.1 Tlm~Hness of Submittal- All bids must be received. by
the date aJJd time specified above. when they wiU be opened and
publicly read aloud. The bid time must be and shall be
scrupulously observed. Under DO ciraunsumces shall bids
delivered after the time specified be considered. Such bids will
be returned to the vendor unopened. It is the sole responsibility
of the Bidder to ensure that his or her bid reaches the Office of
Management and Budget on or before the closing date and time.
The City shall in no way be responsible for delays caused by any
other occurrence.
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1.9.2 Cb~kll.!lt ~ Bidders arc requested to return the attached
Checklist contained in bid package with the Bid Reply Sheet.
1.10 ShippiQl Terms - Bidders shall quote F.O.B. Destination, Installed,
Freight Prepaid and AU~. Bids offering altemaœ terms (i.e., F.O.B. Origin
or Freight Added) will be considered only in the absence of a conforming bid.
1.11 hyment Terms - Cash terms shall be Net 30 Days. The payment period
shall be calculated from the date acceptable invoices are received and
approved as required by the contract or the date goods and/or services are
received and accepted, whichever last occurs. Cash discounts which are
relative to payment date will DOt be considered when evaluating bids.
1.12 Execution of Contrad.- Selected Bidder wül be required to execute a
Standard City Contract within ten (10) days after notification by the City that
contract i.!I available and thereafter comply with the terms and conditions
çontained therein. No contract shall be considered binding upon the City until it
has been properly executed.
1.13 Failure to Execute COI1þ-ad -Failure on the part of the Selected Bidder to
execute the Contract as required wi11 be just cause for the annulment of the
award.
1.14 SubJettlnl or ÄlLdfJI'nl of the Contract - The Se1ected Bidder shall not
sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion
thereof, or of the work provided for tbcrem. or of his right, tide or interest
therein, to any person. firm or corporation without the written consent of the
City. Each Bidder shall list all subcontractorS and the work provided by the
suppliers in the area provided on tbe bid forms.
PAGE 139
1.15 Time of A1f81"d - The City reserves the right to hold proposals and bid
guarantees for a period not to exceed 90 days after the date of the bid opening
stated in the Invitation to Bid before awarding the Contract.
1.16 Public: Eødty StatHnHlt - A person or affiliate who bas been placed OD the
convicted vendor list following a conviction for 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 publiç entity, may
not be awarded or perform work as a contractOr, supplier, subcontractor. or consultant
under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Florida Statute. Seçtion 287.017,
for CATEGORY TWO for a period of 36 months from the date ofbeìng placed on the
convicted veDdor list.
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1.17 C(\V's Puhlir. Relations Imap - Selected Bidder's personnel shall at all
times handle complaints and any public contact with due regard to the
Municipality's public relations image. At the request of the Purchasing Agent.
or hislher designee, any incompetent, corrupt, abusive or disorderly person in
the Bidder's employ involved in the execution of the work shall be removed
from the project.
PAGE 1 e
1.18 Patmt Fees. R~)ties. aDd r ,I"...n... . If the Selected Bidder requires or desires
to use any design, trademark, device. material or process covered by letters of patent or
copyright, the Selected Bidder and his surety sball iDdcmnify and hold harmless the
City from any and all claims for infringement by reason of the use of any such patented
design, device, tr~dCJ!lllrk, copyright, material or process in connection with the work
agreed to be performed and shall indemnify the City from any cost, expense, royalty or
damage which the City may be obligated to pay by reason of any infringement at any
time during the prosecution of or after completion of the work.
1.19 Tie Bid StJat~nt - Identical tie bids, in accordance with Section
287.087. Florida Statutes, preference sba11 be given to businesses with drug-free
workplace programs. Whenever two or more bids which are equal with respect
to price. quality, and service are received by the City for the procurement of
commodities or contractual services. a bid received ftom a business that certifies
that it bas implemented a drug-free workplace program shall be given preference
in the award process. Please submit the form that is enclosed with your bid
respoœe if your company bas a drug-free workplace program.
1.20 C"-OQJJ8I'Btlve Pn1'ru.lno Åin'eement . This bid may be expanded to
include other govcrmneJrtal agencies provided a coopcradvc Purchasing
Agreement exists or an Inter·local Agreement for joint purchasing exists
between the City of Port St. Lucie and other public agencies. Each political
entity will be responsible for execution of its own requ.irements with the
Selected Bidder.
1.21 Permits - The Selected Bidder shall be responsible for obtaining aU
permits, licenses, certifications, etc., required by Federal, State. County, and
Municipal1aws. regulations, codes. and O1'f3itutDCeS for the performance of the
work required in these specifications and to conform with the requiremelUS of
said legislation.
1.22 Fsuni1iaritv with :¡"a195 .. The Seleåed Bidder is assumed to be familiar
with all Federal, State and loca11åws. ordi1}2nces. rules and regulations that may
affect the work. Ignorance on the part of the Bidder will in DO way relieve him
from responsibility .
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2. SPECIAL REQUIREMENTS
2.1 ImnU.}V vnmty of Meft!hJllltabtuu - Despite statements to the
COntrary, it is understoOd that the implied warranty of merchantability and
fimess for the specified purpose are not disclaimed.
2.2 R~ or ReplA~lIt. Should any defect appear within 90 days after
înstaIlation of sod, the Selected Bidders shall, at their expense, replace defective
sod upon receipt of written notice from the City of said defect. Said
replacement must be accomplished within 10 days after receipt of notification
from the City of the defect.
2.3 SaI~ ~DttP... - The Selected Bidder 8ba1l erect and maintain aU
necessary safeguards for the protection of the Selected Bidder's employees and
subcontractors. city personnel, and the general public; including, but not limited
to, polting danger signs, and other warnings against hazards as is prudent
and/or required by law to protect the public interest. AU damage, injury or loss
to persons and/or property caused, directly or indirectly ~ in whole or in part, by
the Selected Bidder's employees, Of subcontractor(s). or anyone directly or
indirectly employed by said parties shall be remedied by the Selected Bidder.
3. SPECIFIC REQUIREMENTS
3.1 ~ßld CQnterence - A Pre-Bid Conference for all Bidders will be held on
Tuesday I September 14, 1999 at 10:30 a.m. located at the Office of
Management &: Budget Conference Room, Bldg A, Room 390, 121 SW Port St.
Lucie Blvd. Port St. Lucie. At this time. the specifications and other bidding
documents will be explained. and questions regarding the project will be
discussed. .
3.2 It is the intent. as a result of this bid, to select two sources (Primæy and
Secondary) for supplyin¡ and iDstalling sod. Both selected Bidders will be required to
execute a contract.
3.2.1 In the event the Primary CoDtractor cannot deliver and install sod when
first contacted. the Secondary Contractor will be contaCted to arrange for
delivery and installation.
3.3 Sod QuSlH~ -
3.3.1 AD sod delivered to a location shall be evenly cut and of uniform
thickness and size. An acceptable size sball be rectangles measuring 16" x 24" .
- -
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3.3.2 Sod shall be free of any detrimental infestation (i.e. mole crickets, mold,
army worms, parasites, red ants, etc.). Sod shall also be free from fungus,
vermin and other diseases and shall have been mowed at least three times with
an approved lawn mower with final mowing not more than 7 days before the sod
is cut.
3.3.3 Sod found to contain infestations and/or diseases prior to instalJation shall
be rejected and replaced at the Selected Bidders expense.
3.3.4 Sod found to contain infestations during the inspection following
installation shall, at City's option, be chemically treated or replaced at Selected
Bidder's expense. The Selected Bidder shall be responsible to arrange for
chemical treatment if City selects this option. Chemical treatment or
replacement shall be completed within three (3) working days of inspection.
3.3.S Grass roots shall be adequately developed and matted, and soU containing
grass shall have adequate moisture to a110w sod. to be bandled without
objectionable separation during instaUation.
3.3.6 The City retains the right to ~ject sod which bas grown together, falls
apart upon handling, is dry, is inconsistent in thickness/size/density/color, or is
deemed unsuitable or unJayable. The Se1ec:ted Bidder shall be responsible to
remove all rejected Sod at their own expense and provide prompt replacement or
punctUal credit as desired by City.
3.3.7 Ploratam sod is to be of top quality, preferably ftom a muck field with no
weeds or foreign infestation.
3.3.8 Quality complaints will be addressed by the Con1raCt Supervisor to the
Selected Bidder within two (2) days.
3.3.9 The City retams the right to require replacement of poor quality installed
sod or fertilization in approved cases.
3.4 Sod Farm - On the Bid Reply Sheet, Contractors are required to list the
name and address of the sod farm where ~ey procure sod. Contractors shall be
aware the City reserves the right to inspect the sod farm where the contractor
proposes to procure sod. The City also reserves the right to determine if the sod
proposed is acceptable.
3.5 Contract Su.pervimr on MII.I' of the Seleded Bidden - Contraetors are
advised that they are ~spoDsible for designatin¡ a Contract Supervisor
acceptable to the City for collaboration of all soc1 installations. Contractors will
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be required to list their Contract Supervisor's name and years experience with
this type of work.
3.6 IDS1:a1IAÜOD· When installation is required, installation shall be completed in the
fonowing manner:
3.6.1 The setting pieces shall be staggered in such a manner as to
avoid continuous seams with no over lapping. Sod shall be
carefu11y placed by band, edgc-to-edge in rows at right angles to
the slope, commencing at the base of the area to be sodded and
working upward. However. extremely wet areas may require
flexibility in this installation method. Sod shall be applied
without leaving separations or voids between pieces.
3.6.2 In addition to providing an attractive fmished appearance.
sod wlll be laid in a mAnner which wßl minimize erosion.
3.6.3 Rolling of sodded surfaces will only be done when
requested by the City. RoIling will be quoted as an optional extra
on the Bid Reply Sheet.
3.6.3.1 When Rolling is requested, the following
operation shall provide a true and even surface and
insure knitting without displacement of sod and or
deformation of the surfaces-
3.6.4 Selected Contractor shall be responsible to supply a
Delivery Ticket to the Public Works Drainage Manager if
material is delivered for installation by City Personnel.
3.6.5 Selected Contractor shall be responsible to supply a Notice
of Performa.nce and a Delivery Ticket to the City department
supplied within two hours after sod is laid. when sod is installed
by Selected Contractor's personnel. Each department will assume
responsibility for watering soc:I after documentation is received
unless the watering option is included.
3.6.6 Any installation quality, instaUation time table, or sod quality that does
not meet requirements will be addressed in writing. The City reserves the right
to terminate any contract after three written statementS have been issued.
3.7 Waterin¡- When watering is required, it shall be completed in the following
manner:
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3.7.1 Watering shall be done until sod is properly rooted. Watering frequency
is at the discretion of the Selected Bidder knowin¡ that any dead sod will be
replaced at their cost.
3.7.2 Watering of sodded surfaces wiD only be done when
requested. by the City and sball be quoted as an optional extra in
Section 6.2 of the Bid Reply Sheet.
3.7.3 The SeleâCd Bidders. at their expense, shall be responsible to replace sod
which dies as a result of not being properly maintained.
3.8 InteroretatiQll of the APf~maœ OnantltfM - The Bidder's attention is
caUed to the fact that any esdmatc of quantities of work to be done and materials
to be fur:nishcd under the specifications as shown on the proposed form, or
elsewhere, is approximate only and not guaranteed. The City d.oes not assume
any responsibility that the final quantities shall remain in sttict accordance with
the estimated quantities, nor ~hal1 the Selected Bidder plead misunderstamting or
deception because of such estimate of quantities or of the character, location of
the work. or other conditions ~iTdng thereto.
3.9 DeU.erv-
3.9.1 Selected Bidders shall be responsible to deliver sod on pallets.
Pallets will be removed from delivering vehicle by the Selected Bidders
and placed on the job site at the locations designated by each
Department. Equipment, labor. and supervision necessary to insure safe
and proper placement of pallets is the Scleëted Bidderts responsibility,
3.9.2 The City will execute the attached contract with the Selected Bidders
thereafter, releases for required material and services will be communicated to
the Selected Bidders by facsimile release as materials are required. A Blanket
Purchase Order will be issued after October 1 st of this year. All releases will
be applied to this Purchase Order. Selected Bidders must deliver and install sod
within forty-eight (48) hours (excluding Saturday and Sunday) after receipt of a
facsimile/phone release from the Public Works Drainage Manager/Supervisor or
Ed Malin of the Utilities Department.
3.9.3 When time permits, each Department will allow the Selected Bidders
more notice than what is stated in the prec~¡J'lg paragraph. However, once a
delivery requirement is communicated to the Selected Bidders, the Selected
Bidders will be responsible to perform within the time frame specified.. The
Selected Bidders must have adequate sources of supply to insure that any
temporary ina('tessibility of any Selected Bidders source will not cause an
interrUption to delivery.
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3.9.4 At any time, when inclement weather, equipment break downs or other
unforeseen circumstances. cause the Selected Bidder(s) to be unable to fulfill a
delivery requirement, the Selected Bidder(s) must notify the Public Works
DraiDage Manager of laid circumstance as quickly as the Selected Bidder(s)
become(s) aware of the problem. Said notification will not relieve the Selected
Bidder(s) of their obligation and/or of penalties as stated in these Specifications,
but will be considered by the Municipality when weighing appropriate action.
3.9.' Sod which 18 not delivered and/or installed within the specified time may,
at the City I 5 option, be procured from an alternate source and any additional
cost thus incurred invoiced to the Selected Bidders.
3.9.6 Upon completion of the work, all debris, pallets. etc. shall
be removed from the lite. Any paved areas, including driveways
and streets. shall be thorougbly swept.
3.10 RestoratioDS - As the Utilities Department iDstB..Us water and sewer lines, any
sod removed in the process must be rcp1açcd. Restoration includes rough hand
rakiq, supplying and installing sod on resid~tiAl or public property.
Restorations may be done at any location within the City. Water service requires
approxlmately20 square feet and averages 1'0 installations per month. Sewer
service requires approximately 50 to 250 square feet and. averages 60 installations
per month. All Bidders are asked to quote per square foot on the Bid Reply Sheet
for type of restoration.
3.10.1 AD Bidders are encouraged to conract Robyn Holder at 871-5424 or
Nick Grande at 871·~ of the Utilities Department to arranie a site visit of
each type of restoration location. Bidders will also have the opportunity to do
this immediately followin¡ the Pre·Bid Conference.
3.11 Safety - In addition to the requirements contained in the contract, Selected
Bidders shall be responsible to maintain fuU or empty pallets and equipment in a
manner which shall minimize any potenûal injury to the public. Empty pallets shall be
removed from site in a punctual manner. Do not put pallets, empty or loaded, on
occupied lawns.
4. INSURANCE REQUIREMENTS
4.1 WorkmJln's Compammation - The Selected Bidders will carry or require that there
be canied Worker's Compensation Insurance and Employers' Liability coverage to
apply to all employees for Statutory Limits in compliance with applicable state and
federal laws. Coverage must include Employers' Liability with a minimum limit of
$100.000 each accident.
10/05/1999 10:21
561-871-7337
CITY OF P S L. 0 M B
~
'wi
4.2 Business ~uto PoUcy - Business Auto Policy or similar form. shall have
minimum limits of $300,000 Per Occurrence Combined Single Limit for Bodily
Injury and Property Damage Liability. This shall include. owned. hired and
non-owned vehicles.
4.3 ("..nm~ial General 1 ,1~bIHty . Commercial General Liability or similar
form. shall have minjl'11tun limits of $300.000 Per Occurrence Combined Single
Limit for Personal Injury. Bodily bijury, and Property Damage Liability.
Coverage sha11 include Premises aOOIor Operations, Independent Contractors,
Products and/or Complete Operations. ConttacmaJ Liability and Broad Form
Property Damage Endorsements. Coverage for the hazards of explosion.
collapse and underground property damage (XCV) n:mst also be included when
applicable to the work to be performed. All insurance policies shall be issued
from a company or COIDp8uies duJy licensed by the State of Florida. All
policies shall be on an occurrence-made basis; claims-made policies shall not be
accepted by the City.
4.4 Addldanlll TllmlrM ReWlilWn\WBr - Except as to Worters' Compensation
and ~ployers' Liability, said Certiflcate(s) shall clearly state that coverage
required by the contract has been endorsed to include the City of Port St. Lucie,
a political subdivision of the State of Florida, its officers. agems and employees
as Additional Insured. The Certificate of Insurance shall unequivocally provide
thirty (30) days written notice to the City prior to any adverse change,
cancellation of non-renewal of coverage thereunder. Said liability insurance
must be acceptable to and approved by the City as to form any types of
coverage. In the event that the Statlltory liability of the City is amended during
the term of this agreement to exceed the above limits, the Selected Bidder shall
be required, upon thirty (30) days written notice by the City. to provide
coverage at least equal to the amended stamtory limit of liability of the City.
4.S Subœntradors - It shall be the responsibility of the Selected Bidder to
insure that aU subcontractors comply with the same insurance requirements
referenced above.
4.6 Deductible Amounts - All deductible amounts shall be paid for and be the
responsibility of the Selected Bidder for any and all claims under this contract.
5. ADDITIONAL INFORMATION
5.1 Co.""tdnn - The City reserves the right to disqualify bids, upon evidence of
collusion with intent to defraud or other illegal practices upon the part of the
Bidder. More than one (1) bid ftom an individual, partnership, corporation.
association, firm. or other 1ela! entity under the same or different names will
PAGE 132
10/05/1999 10:21
561-871-7337
CITY OF P S L. 0 M B
'-"
....,
not be considered. Reasonable grounds for believing that a Bidder is interested
in more than one (1) proposal for the same work will be cause for rejection of
all proposals in which such Bidders are believed to be interested. Any or all
proposals will be rejected if there is any reason to believe that collusion exists
among the Bidders.
5.2 Withdrawal of Bids - A Bidder may withdraw his bid without prejudice to
himself no later than the day and hour set in the "Invitation to Bid" by
COIDD1UJ1ÍCllÍl1g his purpose in writing to the City at the address given in the
-Invitation for Bid" aDd when received. it will be returned to him unopened.
5.3 Bid IDtnrm.tlOD - For information concerning procedures for responding
to this bid, contact Matries Berzler, CPPB, Buyer, of the Office of Management
& Budget at (561) 871-'224. For information concernin¡ the scope of
services/requiremeuts contact Dean Schuett with the Public Works Department
at (561) 871-511' or Robyn Holder of the Utilities Department at (561) 871-
5424. Such contact is to be for clarificadon purposes only. Material changes, if
any. to the scope of services, or bidding procedures will be transmitted only by
written a4~um. Copy of such addendum wiD be mailed to each Bidder who
has received an Invitation to Bid. The Bidder, in turn. shall acknowledge
receipt of the addeI1dum by marking the Bìd Reply Sheet with the Addendum
number aDd the date of issuance. The City will not be resPonsible for any
interpretation, other than those transmitted by Addendum to the bid, made or
given prior to the bid award.
PAGE 03
18/65/1999 18:21
561-871-7337
CITY OF P S L. 0 M B
PAGE ß4
'-'
....,
Bid Reply Sheet
Bid #8-0058-00
Supply and Install Sod
1. COMPANY NAME:
DIVISION OF:
PHYSICAL ADDRESS:
MAILING ADDRESS:
CITY, STATE, ZIP CODE:
TELEPHONE NUMBER: ( )
CONTACT PERSON:
2. ORGANIZATIONAL PROFILE: (complete all appropriate Information)
FAX NO. ( )
Is the firm incorporated? Ye8--No If yes, In what state?
President
Secretary
Treasurer
How long In present business:
How long at present location:
Is firm a minority business: Yes-No; Does flnn have a drug-free workplace program:
Yes-No - If no, is your company planning to implement such a program?
3. ADOENDUM ACKNOWLEDGMENT - Bidder acknowledges that the following
addenda have been received and are included in hislher proposallbid:
Addendum No.
Date Issued
-I
I
4. If your company offers commodities other than the one specified for this bid. and you
wish to be put on the vendor's !1st, please contact Information On Demand at (407) 976-
1a/e5/1999 1a:21
561-871-7337
CITY OF P S L. 0 M B
PAGE as
'-"
'-'
0000. Bid Tabulation Reports are advertised on the City's Web Site at
www.cltyofpsl.com.
5. BID RESPONSE:
5.1 Contractors quote for sod:
CIty's estimated annual usage for the Public Works Dept only:
(usage unavailable from Utilities)
Bahia Sod 950,000 sq. ft.
Floratam 550.000 sq. ft.
Floratam In rolls
, ;. '. .·Cost ,per ~q:.:(e~t .: '~. per sq:'ft. '. '. ;: þQ~ per sq. ft. for
: .:,s,~¡ . :....::.:...:,:. .;::.i ':::.;':<:;. i '; f~: I~~~~, ",..,:; ~oIling.
$ $ $
$ $ $
$ $ $
$ $ $
rypeo( $<;>Ø .
pälletized .
Bahia
FJoratam
Bahia In rolls
, type of Sod·:Çq~~!.~q.,ft tot :: ¢Q~~:,~~q.ft; :." ,:Co8t:per sq. ft. for
'State cëriifi8d'" ,,;.Sc)ct,· u. ,u.. ::': ~.il~.lIâtl~¡" :,:'¡,,' ~QmtJg
eal.le.tiù~f"· :. ,....,' '. ': ...:. "!i·¡ ..:1'::." ',:,' .':u·::::':::: ::::;.:.::: ::!. ".' .,
Bahia $ $ $
Floratam $ $ $
Bahia in rolls $ $ $
Floratam in rolls $ $ $
5.2 Bidders quote for watering as specified In Section 3.8 of the Bid
Specifications:
$ per 1000 gallons
5.3 Bidders quote for restoration of Utility sites:
$
$
persq.ft.ft)rvvatersenncelocations
per sq. ft. for grinder service locations
1a/a5/1999 1a:21
561-871-7337
CITY CF P 5 L, 0 M B
PAGE 06
~
.."""
5.4 Name and address of sod fann Contractor proposes to utilize:
Sod Farm Self OWned: Yes
No
Name:
Address:
5.5 List below the name and years experience of the Contract Supervisor
that will be assigned to this centrad.
Name:
Years Experience:
Bidder's are cautioned that the anticipated quantities used for this computation will be
estimates. The city makes no representation 88 to the actual quantity which will be
utilized during the contract period.
6. This form must be completed In ita entirety by an authorized representative of the
firm offering this Bid. Prices entered herein shalt not be subject to withdrawal or
escalation by Bidder provided City notifies Bidder In writing within 90 days after bid
opening date of City's intent to accept Bid.
7. Bidder agrees to comply with all requirements stated in the specifications for bid.
8. CERTIFICATION:
This bid is submitted by: Name (print),
who Is an officer of the above firm duly authorized to sign bids and enter Into contracts.
I certify that this bid is made without prior understanding. agreement, or connection with
any corporation, firm, or paraon submitting a bid for the same materials, supplies, or
equipment, and is In all respects fair and without collusion or fraud. I understand
collusive bidding is a violation of State and Federal law and can result In fines. prison
sentences. and civil damage awards. I agree to abide by all conditions of this bid.
Signature .
Date
If this Bid Ie rendered by a corporation, the corporate seal attested by the secretary shall
be affixed below. Any agent signing this Bid shall attach to this form evidence of legal
authority.
DEC-07-99 02:16 PM DAVID G WILLBUR INS AGY
561 4618876
P.02
¡
~ (561)451-8810 'AX (SSi)451-8876
v1d C. ~'lbur Insurance Agency, Inc.
2716 $. U.S. Hwy. '1
Fort Pierc., FL 34g82-S919
. .
!Mfa IMM/C
12/07 199
I CI! "D AI 0
ON!. Y AND CONrI!RI NO MIOHTa Uf'oN THI ClRTI'ICATI
HOLDe'" THIS Cl!Rl1l'1CATe COb NOT AMI!NO, IJ(T!ND CIA
ALTER THE COVERAGE AFFORDeD IY THE POLICIES BILOW.
, COMPANIa. AFFORÞING COVIRAG!
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i A
.... ··(~~p;;..'....·žeiïftr,...ïiìs·ür~'äíïc¡..·~omp.ny' ",...."" ........ ..... ...
¡ B
{.......,..................,.......,...."............."...................'....."....'.....,..........."....,....,-...........,.......
¡ COMP"NY
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i....,......................................... ................._..._............................... .....................................
iccMPANY
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Aftn: Ixt:
iNiiUiiiiir·..·······..·......·....·..··,....·..························.......................,."...............................
Nature'. K..per, Inc.
3795 Sneed Road
Fort P;erc., FL 34g45
t~~·;."'·'.,ù ~\'"-<'-r~:~?:~~~;j.;*:)I.-" :~,øk ¡ ~~~t:;..1f£f;gtJ"^" ~~~"}tà> Pc a.J¡~ Ie ~;.(\~«~ ;~ £~\ili ".:;~., E::.¿.~"b·~·~i~·k.:~ ~;. 1h,.m1~1i :'1;~fF.. :~*~i)t~ f>~(~ "t~j;{ ~:,.;r ".-iX:;.Sf:~çv .~. ýl'èi~v ~;~ h ri;".;.J0,. ·~j.t~~:.1.
"""1' -1'''''-.',' . .!f......:~..',. J. '. '_ '.".'..1 "'''.Y (.'. ....J.. "M....~.t.." . -rtf. , ~ '''':,¡''' V ......¡r. _' .~."'" ',..,,- "'. I ..~ ,'_ I ",' . ~ Q ...t:~.:...' .....,...
1M81C TO"CERTIfY THAT THE POUCIII OF INlURANCIi \Jmo 8I!LOW HAW N!N tAUlD TO TM! INIUftI!D NMII!D ABOVE !'em TIoI! JIOLICY ,.!~
INDICATED, NarwrTHIfTAHOINCI /ItH'( IQQU~. TIIW QIIt CONCIIT\CIN Q f /tHY c:QNTAACT OR OTHI!A ÞOCUMeNT WITH R!'PeCT TO WH\Q1 1111$
C!RTII'ICATI MAY 8Ial8\IID OR MAY NRTAIH. '\'tœ MUMNCI R'fIO"QID BY THI POLICIII DIIC,..IIC HBJItIlN IS SUII.I&CT TO AU. THe TlEIWI,
EXCLUlIONI AND CONDITIONS OF SUCH POLteD. LUT'lIHCWN MAY HAW BI!IN ReDUCED BY tAlI) CLANS.
.. '.....;. .....,." ......... .-' I ......,.. . .. .....-.'.,.' ... ..., 'j' ."... . " -"," ,..,.......... ,.. ........ ...... .....- ....... ....... ·..·r ".- ........... ....... .......... ï··········· ..... .......... ...... .~.......................... ...... ,.
co ; 'T't'P1 0' I~ ' POI.ICV -.uMIIR ¡ IlCUCY IJIIIIOTIVI : ~oy P~"ATlCN ¡ I.IMl1.
loT"; ! ClATlIMMlDDIY't) ¡ ~T!(MfWOI'N) :
; GINIIW. L/AllLITY. i ¡ L~~.~~~~!!.........L~..........:h.ºq'º,~-º.ºº
i .:";C ~&RClAL.OEN~.~IA8ILITV : ¡ ¡ L~~~~~~~:~~~.~~~.~~.. H~"'ººº 990
: ,:.' '1 CLAIMS MACE ¡ X ; OCCUlt ; ! t ¡ F'lRlONAl.lAtIV ~ ¡ . 1 000 000
A , .~......, :....... 8KW (00) 50 40 28 49 ' 04/2~/1999 : 04/26/2000 :......................,........................,................L...... ........
¡ ; ClWNl!Jlt'U~SI"lm ¡ ¡ ¡ L.~':~.~~R~~......[~..H~.tÇÇ~. º~
;.~::::::~, .................................................... I'. ¡ ¡ ! FIW~Gi~",ðM~~~ ..~...............~ºº. gºº
¡ ¡ ;.._ïËXP(Ä~~'~·~) . r. .. 0 0
l.~LIA"1.ITY
!... ,1 ÞH'( AViO
i i ,I,U, OWNED ÞIIJTOI
:.......:
i...: ICHICUL&OAUTC8
; i HIIŒO AUTOS
¡........
: ¡ NON-OWNiO AUTO.
! : ,
¡.......! .................................................... ¡
. :.
; GAlWtI LIAIILn"f
¡':'1 ==..m.m ,
, COM8lNE) 1IHGL.a UMn' ; .
............,.,.............,..... ,... ...............,.................."."......
aooIl. '!' IHJt./RY
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IOOIL Y INJURV
. ~., toClGtt'1I
is
..................................... ..."...., "... ..,.--....-... ...- -........
¡ F'~OPEIfTY OlllllAGIr ; ,
; AUTo ONLY .fA.I\CCIOI'NT ;,
'..........,..."...........""..........,......\!
: OTHE" TH,t,N "UTO ONLY: .
;...............,.......,.......,.......".....
: RAC '¡ ACC1OEN'r: .
:.............,.......,.......,................;..............1..........·...........
! IICC... UAlllJT't
~..,·..·t
L...) UMMILLA,QAM
: ¡ ~ 'noIAN UMIItILLA ~M
, WOIUœfta CGM.....IATION AND
! IMI'\.O'fIM' LNII.ITY
B : K PRCPIm'OAI
: PARTNERIII/EXICU'!'ME
: CI'I'ICIItS ARI:
. OTHIft
ACiQM:QATIi..
: &.loCH OCCUAAENCS ; C
·......".........."......"""."."It"......~,,·,,··...·...:..···-·..·... .........
; MOREOATE : .
..............................,.. ..... . '." ...... . .. ....
'.
;
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j ! INC\, !
r....'1XCl :
¡ ¡Xi ITa I ¡lit'
I '................,.",......................-.....
¡ , IlIACW ACCIOSNT ¡ 5 500 000
08/19/1999 ¡ 08/19/2000 !.......................".............."...~............ .. ......, .... ....
¡ ; m. DISEAE . POIJCY LMf .. 500 000
¡ rïii.·~·~·ÏÄï¡t.1Pi.omï:·c·H ·......5·Ò·Öu ÓÖÓ
~ ~.~~~_~ -v'-,..~J:..~;~~¡~.~y~
, :;, .... yi}: ,-'t.toh .
DllCRIPTION OP OI'IMTIOHI4.OCATlCN~ ITIM&
Db Ref~ Ideal Holding Road
~r ,- y ,,' !' { < i ')- { ... .~ ~, "r ' !' ,.., ~'{' - f 1~ ~.. ( ~n t:~~'7 ';~~~0.;'" :7~""r' ~";.w,_y:v~~n~"..... .'\-"> .\;,;;,.\~~(.ti-~~: >-~'?;ri'~:~"'tW..~<.:;.HJ~.K~·~~~t'.~¡'~~¿w:~ . "lft:::~~~. "':oW ". ~F.'
~~'.. «\ ¡ 1'~ ~ ~,' ~ ~_ i y'f:'~" 'i..:t:}· .,U:<I:·I:r""'.." .,- 1.:'_~ð- ~..~"lr .~ ~~J. x;.¿,< N;~- {,' <:'v""'J_"Ý'O' , å ~~ .\ r ' ...~,.~f-.,}Ei-}(: ~~ +O-"(~i' ~ .~t'":.,.:.. ... '. ..... ...~. :t\
. . / ': ..-<.~. 1..". ~,,;r).!\ }rl.....~''fy N~).'I'-<H·Q" '"\(~""r X": ,,_ .... ,,', .. ....".... .
S't. Lucie County
O.part~."~ of Road. & Bu11d1ngs
2300 Virginia Avenue
Fort Pierc:e, FL 14982
IHOULD #MfO~ THI~ 0ÞeJt1l1O ~... I' CANClLLIÐ aI'OU THlj'
I!IQ'1MTlCft DATa THÞtICII'. ,..IMUIIiID COMPAN"I' WlU.IHDU~ TO 111M.
.JJL. DAYI WltlnlN NOTICI TO THI CMTlP1CA,.. HOLD__IWIIO TO THI \.I r
IUT ,ALIm. TO MAIL IUCM HOTfÇI ~ IW'ÞM NO O......TIOIII Oft UUlUTV .
DUNt ICINCWDN THI coøAN"l'.I~AOeNTI Oft ...."...NTAT1YD.
AUTMClRIBD ~TJYe
1a/85/1999 10:88
561-871-7337
CITY OF P 5 L, 0 M B
~
...,
c.osr 0 F S OJ)
s
s
s
s
0.0425
0.042'
O.Q<U5
0.0423
0.08
0.06
0.08
NoBill
'. ì _< -, ,~ . _ "',' -~ -. - - .. _ _ -.) r..~ '\ . \ ., l~ I'- :\í:J1
.. - . . ..
Co':> T i 0
ROLL. Bahia
Flondllm
Bahia in roDs
P1<ncIm ia mils
0.02
COST () P
50 D COOT)
LAßðfl,. TO LAY
. - > o· \'f' ...'"
: . .
IB... $ 0.042$ No Bid
S 0.04~ No Bid
Be1ú in ~J1I S 0.OG5 No Bid
Plonma:n in rol1t S 0.0425 No Bid
..+-- - -. . . - . . . .
. . . . . i'",' 'r"
. --
No No Bid
No No Bid
No No Bid
No No Bi4
S 10.(1() S 20.00
, 0_30 No Bid
S 0.61 No Bic1
rift nICOndøø:
O.2~ No Bid
0.3:1 No Bid
PAGE 02
!~/~~/¡~~~ !~;~~
:lbl-~/l-{~37
Crsr OF so-b
Co<:,T TO
ROLL-
1Wú iG toJ1I
mro11l
- -
CITY LJ- ~ ~ L. 0 M B
'-'
.~
~~--~--- --~---=._. --' ~ \.-' ~),;,
No
No
No
No
S
No Bid
No Bid
No Bid
I No Bið
10.00 S 20.00
,
IS
O.!O No Bid
0.61 I No Bid
r m: I'eItondou:
No Bid
No Bid
PAGE 82
12/14/1999 11:37
5614678923
NATURES KEEPER
~
PAGE 131
'WI
T~ Dewey Hutton . fAGIHILE
hx#: 462-2363
Ie City PSl Contract
D...: . December 14, 1999
''-= 3, Including cover sheet.
.
Fmm bdakd_.
.... WIIIIt
~.1deJC
NIIturWt'a KaIIiW tnc.
3M Sneed R.Ø8d
Fort Pferw, FIOItda 34N5
C581..e7,12!D
FIDe S1....,..-.zs
12/14/1999 11:37
5614678923
NATURES KEEPER
PAGE 132
--
,=} '-'
..
.~ .."J
City of Port St. Lucie
Contract #2004
. This CONTRACT, executed this -..5tt- day of '-1f./)Y.11irl..¿.-v' ,
1999, by and between the CiTY OF PORT ST. LUCIE. FLORIDA, a munic¡pai corporation, duly
organized under the laws of the State of Florida, hereinafter called "City,· party of the first part, and
Nature's Keeper, 3795 Sneed' Road, Fort Pierce, FL, 34945, Telephone No. 561-467·1230, Fax No.
561-461-8923, hereinafter caned "Contractor", party of the second part.
RECITALS
In consideration of the be10w agreements and covenants set forth herein. the parties agree 8S
follows:
SECTION I
. DESCRIPTION, OF SERVICES TO BE PROVIDED
'The specific work which the Contractor has agreed to perform pursuant to the Bid
Specifications made a part of this Contract is Supplying and Installing Sod in Bid #$-0058-00 as
referred to therein and made part of this contract.
SECTION II
TIME OF PERFORMANCE
This contract shall become effective October 1 st of this year and shall terminate September 30th
n'ext year. Every requirement released by the Public Works Drainage Manager shall be comp1eted
by the date specified at the time the release /s communicated. Each release given to the Contractor
prior to October 1 st of next year shaU be honored by the Contractor at the prices specifled herein.
seCTION III
COMPENSATION
The amount to be paid by the City to the Contractor is to be based on the amount of materialllabor
furnished. Applicable prices are as shown on Schedule "A" attached.
As used herein the contract supeNisor for the Public Works Department shall mean Dean
Schuett at 561.871.5115 or his designee. The contract supervisor for the Utilities Department shall
mean Robyn Holder' at 561-871·5424 or Nick Grande at 561·871-7383 or their designee.
Such compensation inc.udes all expenses incurred by the Contractor for alllos5 or damage
arisIng out of the nature of the work, from the action of the e'ements, or from any deiay or unforeseen
obstruction or difficulties encountered in the prosecution of the work, and for aU expenses incurred by
or in consequence of the suspension or discontinuance of the work.
. 12/14/1999 11: 37 5614678923 NATURES KEEPER PAGE fJ3
~ . . ~
IN WITNESS WHEREOF, the partih-have executed this contract at Po...,st. Lucie Florida, the day
. and year flrst above written.
CITY OF PORT ST. LUCIE FLORIDA
By: iH:t« ¡J (l'7L<C
~~ anager A
ATTEST:
~Y:Cä~4 -I/n.~µ--
Representative of Nature's Keeper, Inc.
State of:
r: J.iJ I!. I i) 4
County of: S T. Lu,C!. t.....
B~rsonallY appeared:
~+~. L.ùe.s.,..
Personally known
v
or Produced Identification/ïype of Identification
Ident\f\cation No.
a~ ~ l..LJ, oS. +
to me well known I and known to me to be the person described in and who executed the foregoing
instrument. and acknowledged to and before me that >.n~~~ executed said instrument for the
purposes therein expressed.
WITNESS my hand and official seal, this
day of
0(' ~"").., .JI
, A.D. 1999.
'!~C~~~~. G ,~~
Notary Public-State of FL.. at Large
My Commission Expires
.
I.
I'
!
I
. ...:;;;--.,..' \ i .~",..~...~ ~~.,..~~ . '~..::, ~
.~--. ,.......... ......~ 10''''""""". .....~
DEC-07-99 02:15 PM DAVID G WILLBUR INS AGY
561 4618876
P.01
'-'
.",
FAX
I Date
12/07/99
Numb" olpagea '"cllld;"B cove" ,gheet 2
-
TO:
AIm: Bill
St. Lucie County
Dept. of Roads ct Buildings
FROM: Ruth Martin
David O. Wil/bur Insurance
Agency.. Inc.
27 J 6 South U. S. Highway #. J
Fort Pierce, FL 34982..5919
Phone
Fax Phøøø
462-2363
Phone (561) 461-8870
Fœc Phon, (56iJ 461-8876
I cc:
RBMARKS:
o Urgent
~ For)JOUr rmew
o Røply Äs.4P
181 Plea.'i11 Commfltil
Re: Nature's Keeper, Inc.
Following please fmd requested certificate of insurance.
.
10/05/1999 _561-871-73:
PORT ST. LUCIE CITY COUNCIL
AGENDA ITEM REQUEST
CITY OF P S L, 0 M B
PAGE el
.."",
M~Date: October 11,1999
Public HeauiDa _ ~ 1leso1utio.o
Lepl Ad Data: 9/2 & 9/9 Newspaper: . Tribune
Item: Bid s-oosa..oo to Supply ancI IDIta11 Sod
·Motion -X.....
RecoPtmer1ded Action:
-
Approval to .... into . FJDd Price Caatnct with Nature'. Keeper, IDe. .. the primary
contrIctor for the prices øubmittèd on thdt Bid Reply Sheet. P~chase Orders wU1 be iøued as
needa are detezmined. Caatnct Period. wm be 10/11991brouøh 9l3OlOO.
Exbibits: DepartmeDt memo .....-ched [ } ys [x] DO
Copies of1he Bid Tabulation keport, Specjficati~ IUd the submitted Bid Reply Sheets.
NOTE: Offin ûom veactors lilted heniD are the 0D1¥ oftèrB received timely IS of tho above opeuiDa date and.
time. AD other otf8n IAWdliu«i in respoaae to this ~ if IDY, aN htnby rejected 8I1ate~
Sl~&P~1Dfonœtiœ:
The Deed for the above is: Supply me! bøtaU .sod IS reqllia ed after dr:-ftufr·aDd utility work bas been
completed.
Purcbase (x) was budgeted ( ) Was DOt ~Ktpted ,
E$tinnlt«i.AmlUa1 &pcødituteI: $350,000 Pub1ic Works .. 401-4126-5S30
$120,000 Utilities - 431·Various Colt Centers aDd Object Codes
J>inIctor ofOMB CODOin wiIh....,.¡. '.1fII!- .
City MaDas.. concurs with award.
Department doeI not request 'time to make apl ~~I.I~.
Submitted by:
- Public Works Dept.
- UtiUtiea Dept.
Submitted by:
OMB"'F_~
DMaI: 1 0iV1 /SI6
1B/B5/1SSS 1B:21
561-871-7337
CITY OF P S L, 0 M B
PAGE B7
'-'
...,
City of Port St. Lucie
Contract Form (Sample)
This CONTRACT. executed this day of .1999,
by and between the CITY OF PORT ST. LUCIE, FLORIDA. It municipal corporation,
duly organized under the laws of the State of Florida, hereinafter called "City." party of
the first part. and Name of Contractor, Address. Telephone No. ( ) Fax No. () ,
hereInafter called "Contractor". party of the second part.
RECITALS
In consideration of the below agreements and covenants set forth herein, the
parties agree as follows:
SECTION I
DESCRIPTION OF SERVICES TO BE PROVIDED
The specific work which the Contractor has agreed to perform pursuant to the Bid
Specifications made a part of this Contract Is Supplying and Installing Sod in Bid #S-
0058-00 as referred to therein and made part of this contract.
SECTION II
TIME OF PERFORMANCE
This contract shall become effective October 1 at of this year and shall terminate
September 30th next year. Every requirement released by the Public Works Drainage
Manager shall be completed by the date specifled at the time the release is
communIcated. Each release given to the Contractor prior to October 1st of next year
shall be honored by the Contractor at the prices specified herein.
SECTION III
COMPENSATION
The amount to be paid by the City to the Contractor Is to be based on the amount of
mater1alllabor fumished. Applicable prices are as shown on Schedule "A" attached.
As used herein the contract SUperviSOf for the Public Works Department shall
mean Dean Schuett at 561 -871-5115 or his designee. The contract supervisor for the
Utilities Department shall mean Robyn Holder at 561-871-5424 or Nick Grande at 561-
871-7383 or their designee.
Such compensation Includes all expenses incurTed by the Contractor for 8111088
or damage arising out of the nature of the work. from the action of the elements, or, from
any delay or unforeseen obstruction Of difficulties encountered In the prosecution of the
work, and for all expenses Incurred by or in consequence of the suspension or
discontinuance of the work.
1eJ¡a5/1999 18:21
561-871-7337
CITY OF P S L. 0 M B
PAGE as
'-"
w
. Payme.nt shall be made within thirty daya of receipt of contractor·s Invoice,
provIded Invoice is accompanied by adequate supporting documentation and approved
by Contract Supervisor as provided in Section XII.
No payment for projects involving Improvements to real property shall be due
until Contractor delivers to City a complete release of aU claims arising out of the
contract or receipts In full In lieu thereof, and an affidavit on his personal knowledge that
the releases and receipt& include labor and materials for which a lien could be filed.
_ All Invoices and correspondence relative to this contract must contain the
Contract Number appearing herein.
SECTION IV
CONFORMANCE WITH BID
It is understood that the materials and/or work required herein are in accordance
with the bid made by the COntractor pursuant to the Invitation to Bid and Specifications
on file In the OffIce of Management & Budget of the City. and aU documents submitted
by the Contractor in relation to said bid, and all documents promulgated by the City for
Inviting bids are, by reference, made a part hereof 8S if set forth herein in full.
seCTION V
INSURANCE
The Contractor shall carry or require that there be earned Workers'
Compensation I nsurance and Employers· Liability coverage to apply to all employees
for Statutory Limits in compliance with applicable state and federal laws. Coverage
must include Employers· Liability with a minimum limit of $100,000.00 each.
The Contractor shall maintain. during the lifetime of this contract, at its own
expense, insurance coverage for public liability with limits of not less than $1,000,000
per claim and $2,000,000 per occurrence. Coverage shall include Premises and/or
Operations. Independent Contractors, Products and/or Completed Operations,
Contractual Liability, and Broad Form Property Damage Endorsements. Coverage for
hazards of explosion, collapse, and underground Property damage (XCU) must also be
included when applicable to the work to be performed. A Business auto Policy or
similar form, shall have minimum Umits of $500.000 per Occurrence Combined Single
Limit for Bodily Injury and Property Damage Liability. This shall Include all owned.
hired, and non-owned vehldes. All Insurance policies shall be issued from a company
or companies duly licensed by the State of Florida. All policies shall be on an
occurrence-made basis; clalms-made policies shall not be accepted by the City.
Except as to Workers' Compensation and Employers' liability, said Certificate(s)
shall clear1y state that coverage required by the contract has been endorsed to Include
the City of Port Sl Lucie, a political subdMslon of the State of Fk>rida, its officers,
1B/a5/1S99 1B:21
561-871-7337
CITY OF P S L. 0 M B
PAGE as
'-'
...."
agents and employees as Additionally Insured. The Certificate of Insurance shall
unequivocally provide thirty (30) days written notice to the City prior to any adverse
change, cancellation of non-renewal of coverage thereunder. Said liability insurance
must be acceptable to and approved by the Cìty as to form and types of coverage. In
the event that the staMory liability of the City Is amended during the term of this
contract to exceed the above limits, the Contractor shall be required, upon thirty (30)
days written notice by the City, to provide coverage at least equal to the amended
statutory limit of liability of the City.
It shall be the responsJbHIty of the Selected Bidder to Insure that all
_ subcontractors comply with the same Insurance requirements referenced above.
All deductible amounts shall be paid for and be the responsibility of the
Contractor andlor any Subcontractor for any and all claims under this contract.
Business Auto Policy or similar form, shall have minimum limits of $300,000 Per
Occurrenœ Combined Single Limit for BodDy Injury and Property Damage Liability.
This shall Include owned, hired and non-owned vehicles.
Commercial General Liability or similar form, shall have minimum limits of
$300,000 Per Occurrence Combined Single Limit for Personal Injury, Bodily Injury. and
Property Damage liability. Coverage shall include Premises and/or Operations,
I ndependent Contractors, Products and/or Complete Operations, Contractual Uabflity
and Broad Form Property Damage Endorsements. Coverage for the hazards of
explosion, collapse and underground property damage (XCU) must also be included
when appJicable to the work to be performed. All Insurance policies shall be Issued
from a company or companies duly licensed by the State of Florida. AU policies shall be
on an occurrence-made basis; claimHT18de policies shall not be aocepted by the City.
Except as to Workers' Compensation and Employers· Liability, said Certtflcate(s)
shall cJearty state that coverage required by the contract has been endorsed to Indude
the City of Port St. Lucie, a political subdivision of the State of Florida, its officers,
agents and employees as Additional Insured. The Certlftcate of Insurance shall
unequivocally provide thirty (30) days written notice to the City prior to any adverse
change, cancellation of non-renewal of coverage thereunder. Said liability Insurance
must be acceptable to and approved by the City as to tonn any types of coverage. In
the event that the statutory liability of the City Is amended during the tenn of this
agreement to exceed the above limits, the Selected Bidder shall be required, upon thirty
(30) days written notice by the City. to provide coverage at least equal to the amended
statutory limit of liability of the City.
It shall be the responsibility of the Contraçtor to Insure that all subcontractors
comply with the same insurance requirements referenced above.
10/05/1999 10:21
561-871-7337
CITY OF P S L, 0 M B
PAGE 10
'-
....,
All deductible amounts shall be paid for and be the responsibility of the Selected
Bidder for any and all claims under this contract.
SECTION VI
PROHIBITION AGAINST FILING OR MAINTAINING LIENS AND SUITS
Subject to any laws of the State of Florida and of the United States, neither
Contractor nor any subcontractor, supplier of materials, laborer or other person shall file
or maintain against the City any lien for labor or materials delivered in the performance
_of this contract. and the right to maintain such lien for any or all of the above parties is
hereby expressly waived.
SECTION VII
WORK CHANGES
The City reserves the right to order work changes in the naNte of additions,
deletions or modifications without invalidating the Contract, and agrees to make
corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written Change Order signed by the Director of OMB or his
designee as representing the City. Work shall be changed and the contract price and
completion time shall be modified only as set out in the written Change Order. Any
adjustment in the contract price resulting In a credit or a charge to the City shall be
determined by mutual agreement of the parties, or by arbitration before starting the wotk
involved In the change.
seCTION VIII
COMPLIANCE WITH LAWS
The contractor shall give all notices required by and shall otherwise comply with
all applicable laws, ordinances and codes and shaU_ at his own expense, secure and
pay the fees and charges for all permits required for the peñormance of the contract.
All materials furnished and work done are to comply with aI/local state and federal laws
and regulations.
SECTION IX
CLEANING UP
Contractor shall. during the perfonnance of this contract. remove and properly
dispose of resulting dirt and debris, and keep the work area reasonably clear. On
completion of the work. Contractor shall remove all Contractor's equipment and aU
excess materials. and put the work area in a neat, clean and sanitary condition.
18/05/1999 16:21 561-871-7337
CITY OF P S L, 0 M B
PAGE 11
'-"
'wII
SECTION X
NOTice OF PERFORMANCE
When required materials have been delivered and required work performed.
Contractor shall submit in writing to the Contract Supervisor a request for inspection.
SECTION XI
DELIVERY DOCUMENTATION
Where Contract provides in whole or in part. for the sale and purchase of
materials Contractor shall prepare a Delivery Tiçket in triplicate for each shipment of
material delivered to the City. The Detivery Ticket shan be signed by the Contract
Supervisor (or his designee) receiving the material. One copy shall be given to the
Contract Supervisor (or his designee) with the material. one copy shall be retained by
the Contractor, and one çapy shall accompany the Contractor's invoice. .
SECTION XII
INSPECTION AND CORRECTION OF DEFECTS
In order to determine whether the required material has been delivered or the
required work performed In accordance with the terms and <:ondltions of the centrad
documents. the Contract Supervisor shall make inspection as soon as practicable after
receipt from the contractor of 8 Notice of Performance or Delivery Ticket. If such
inspection shows that the required material has been delivered and required work
performed In accordance with terms and conditions of the contract documents and that
the material and work is entirely satisfactory. the Contract Supervisor shall approve the
invoice (when it /s received) and the Contractor shall be entitled to payment. as
described In Section III. If, on such Inspection the Contract Supervisor Is not satisfied.
he shall as promptty 8S practicable Inform the parties hereto of the specific respects in
whIch his findings are not favorable. Contractor shall then be afforded an opportunity if
desired by him, to correct the deficiencies 80 pointed out at no additional charge to the
City. and otherwise on terms and conditions specified by the Contract Supervisor. Such
examination, inspection, or tests made by the Contract Supervisor. at any time. shall not
relieve Contractor of his responsibility to remedy any deviation, deficiency, or defect.
SECTION XIII
ADDITIONAL REQUIREMENTS
In the event of any conflict between the terms and conditions appearing on any
Purchase Order issued relative to this Contract. and those contained in this Contract.
and the Specifications herein referenced. the terms of this Contract and Speoiflçations
herein referenced shall appty.
10/05/1999 18:21
561-871-7337
CITY OF P 5 L. 0 M B
PAGE 12
'-'
.....,
SECTION XIV
LICeNSING
Contractor warrants that he possesses allllœnses and certlftcates necessary to
perform required work and is not in violation of any laws. Contractor warrants that his
licenses and certificates are current and will be maintained throughout the duratJon of
the contract.
SECTION XV
SAFETY PRECAUTIONS
- Precaution shall be exercised at all time. for the protection of persons, Including
employees, and property. The safety provisions of all applicable laws and buDding and
construction codes shall be observed.
. SECTION XVI
ASSIGNMENT
Contractor shall not dolegate sublet or subcontract any part of the work under
this contract or assign any rnoni~s due him hereunder without first obtaining the wriUen
consent of the City.
seCTION XVII
TERMINATION, DELAYS AND LIQUIDATED DAMAGES
A. Termination of Contract. If the Contractor refuses or fails to deliver material
as required and/or prosecute the work with such diligence as wiIJ insure its completion
within the time specified In this contract, or as modified 88 provided In this contract, the
City by written notice to the oontractor. may terminate COntractor's rights to proceed.
On such tenninatlon, the City may take over the work and prosecute the same to
completion, by contract or otherwise, and the Contractor and his sureties shall be liable
to the City for any additional cost incurred by It In its completion of the work. The City
may also In event of termination obtain undelivered materials, by contract or otherwi$e.
and the Contractor and his sureties shall be liable to the City for any additional coat
Incurred for such material. Contractor and his sureties shall also be liable to the City for
liquidated damages for any delay In the completion of the work as provfded below. If
the Contracto"s right to proceed Is 10 tenninated, the City may take possession of and
utilize In completing the work such materials, tools, equipment and facilities as may be
on the site of the work and necessary therefore.
8. Uquidated Damages for Delays. If material is not provIded or work is not
completed within the time stipulated In this contract, Including any extensions of time for
excusable delays as herein provided. the Contractor shall provide to City as fixed,
agreed and liquidated damages (it being Impossible to detennine the actual damages
occasioned by the delay) for each calendar day of delay until the work Is completed,
1a/e5/1999 10:21
561-871-7337
CITY OF P S L. 0 M B
PAGE 13
'-"
"'WI
one Hundred Dollars ($100.00) and the Contractor and his sureties shall be liable to the
City for the amount thereof.
C. Excusable Delays. The right of the Contractor to proceed shall not be
terminated nor shall the Contractor be charged with liquidated damages for any delays
In the completion of the work or delivery of materials due to (1) any acts of the Federal
government, Including controls or restrictions or requisitioning of materials, equipment.
tools or labor by reason of war. national defense or any other national emergency: (2)
any acts of the City; (3) causes not reasonably foreseeable by the parties at the time of
the execution of the contrad that are beyond the control and without the fault or
negligence of the Contractor, including but not restricted to. acts of God, acts of the
public enemy, acts of another contractor in the performance of some other contract with
the City, fires, floods, epidemics. quarantine, restrictions, strikes. freight embargoes and
weather of unusual severity 8uch as hurricanes. tornadoes, cyclones and other extreme
weather conditions; and (4) any delay of any subcontractor occasioned by any of the
above mentioned causes. However, the Contractor must promptly notify the City within
two days in writing of the cause of delay. If, on the basis of the facts and the terms of
this contract, the delay Is propeny excusable the City shall extend the time for .
completing the work. for a period of time commensurate with the period of excusable
delay.
SECTION XVIII
LAW
This agreement Is to be construed as though made in and to be perfonned in the
State of Florida and is to be governed by the laws of Florida in all respects without
reference to the laws of any other state or nation.
SECTION XIX
REIMBURSEMENT FOR INSPECTION
The Contractor agrees to reimburse the City for any expenditures Incurred by the
CIty In the process of testing materials supplied by the Contractor against the
specifications under which said materials were procured, if said materials prove to be
defective. 1mproper1y applied, and/or in other manners not in compliance with
specifications. Expenditures as defined herein shall include. but not be limited to, the
replacement value of materials destroyed In testing, the cost paid by the City to testing
laboratories and other entities utilized to provide tests, and the value of labor and
materials expended by the City in the process of conducting the testing.
Reimbursement of charges as specified herein shall not relieve the Contractor from
other remedies provided In the contract.
18/85/1999 18:21
561-871-7337
CITY OF P 5 L, 0 M B
PAGE 14
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...,¡
SECTION XX
APPROPRIATION APPROVAL
The Contractor acknowledges that this contract is subject to approval by City Council
of budget appropriation for the contract period on or beyond September 30 of this year.
The Contractor agrees that, in the event such appropriation Is not forthcoming, this
contract may be terminated by the City and that no charges, penalties or other costs
shall be assessed.
SECTION XXI
RENEWAL OPTION
In the event Contractor offers In writing. prior to the termination of this contract, to
provide the identical services required In this contract for the identical period of time in
the subsequent calendar period for the same charge, the CIty agrees that said selVlces
are required and that the cost is acceptable, then the City. without additional bidding or
negotiation, may. with the mutual agreement of the Contractor, extend this contract for
the additional term. NOTE: Resoonse to this Qptlon should be lJ~bmitted three (~)
months Drior to thtf tl1rmlnatlon of the contract œrlod.
SECTION XXII
ENTIRE AGREEMENT
The written terms and provisions of this contract shall supersede all prior verbal
statement of any official or other representative of the City. and such statements shall
not be effective or be construed as entering into, or forming a part of, or altering in any
manner whatsoever, this contract or contract documents.
10/05/1999 10:21
561-871-7337
CITY OF P S L. 0 M B
PAGE 15
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...,¡
IN WITNESS WHEREOF, the parties have executed this contract at Port St. Lucie
Florida, the day and year first above written.
CITY OF PORT ST. LUCIE FLORIDA
By:
City Manager
ATTEST:
By:
City Clerk
By:
Authorized Representatìve of (company name here)
State of
County of:
Before me personally appeared:
Personally known
or Produced Identlflcationrrype of IdentIfication
Identification No.
and
to me well known, and known to me to be the person described in and who executed
the foregoing instrument, and acknowledged to and before me that executed
said Instrument for the purposes therein expressed.
WITNESS my hand and official seal, this
1999.
day of
,A.D.
Notary Public-State of
My Commission expires
at Large
10/05/1999 le:21
Name of Bidder:
561-871-7337
CITY OF P S L. 0 M B
PAGE 16
~
...,
CHECKLIST
Bid #S-Q058-o0/MB
Supply and Install Sod
This checklist Is provided to assist bidders in the preparation of their bid response.
Included In this checklist are important requirements which are the responsibility of each
Bidder to submit with their response In order to make their bid response fully compliant.
This checklist is only a gUidefine - it is the responsibility of each Bidder to read and
comply with the Invitation to Bid In its entirety.
Bid Reply Sheet with proper signature.
Envelope must be clearly marked with Bid # & opening date & time on
outside of envelope.
Drug-Free Workplace Form
AJI pricing have been mathematically reviewed and all corrections have
been initialed.
All price extensions and totals have been thoroughly checked.
Each Bid Addendum (when Issued) Is acknowledged.
10/05/1999 10:21
561-871-7337
CITY OF P S L, 0 M B
PAGE 17
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"wi(
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that
does:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture.
distribution, dispensIng, possession, or use of a controlled substance is
prohibited In the workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
2. I nform employees about the dangers of drug abus8 in the workplace, the
business's policy of maintaining a dNg-free workplace, any available drug
counseling, rehabilitation. and employee assistance programs. and the
penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged In providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection
(1). .
4. In the statement specifled In subsection (1), notify the employees that. as
a condition of working on the commodities or contractual services that are
under bid, the employee will abide by the tenns of the statement and wilt
notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 1893 or of any controlled
substance law of the United States or any state, for a violation occurring In
the workplace no later than fIVe (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation In a drug
abuse assistance or rehabilitation program If such is available in the
employee's community, by any employee who is so convicted.
6. Make a good faith effort to QOntinue to maintain a drug-tree workplace
through Implementation of this section.
As the penOD authorized to SilD the ItatemeDt, I certify that this t1rm
compUes fully with the above requirements.
Bidder's Signature
Date
,
..
'-"
AGENDA REQUEST
""'"
ITEM NO. C-3-E
DATE: January 4,2000
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [XX]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): PURCHASING
SUBJECT:
Hurricane Irene Emergency Purchase Orders
PRESENTED BY:
CHARLES BICHT
BACKGROUND:
The St. Lucie County Purchasing manual provides for emergencies by allowing work to proceed
with the consent of the County Administrator. Since hurricane Irene there has been eleven
Emergency Purchase Orders Issued. The attached memorandum list each of these Purchase
Orders. The five additional Purchase Orders and one Change Order equal $2,533,453.57
FUNDS AVAIL.:
$3,000,000 has been budgeted in the general fund to cover these expenses.
The majority of these expenses are expected to be reimbursed by FEMA.
PREVIOUS ACTION:
December 7, 1999 Total $191,883.95 approved
December 14,1999 Total $171,354.29 approved
December 21, 1999 Total $51,167.00 approved
RECOMMENDATION:
Consider staff recommendation to approve the Emergency Purchase Orders issued.
COMMISSION ACTION:
[x] APPROVED [] DENIED
[ ] OTHER:
ENCE:
Coordination/Siqnatures
County Attorney:
Mgt. & Budget:
Purchasing Mgr.:(X)
[;63
Originating Dept:
Other:
Other:
Finance: (Check for Copy only, if Applicable)--=.XX_
Eft. 1/97
H:\WP\AGENDAS\OTHER\Irene agenda 1-4-00.wpd
'-'
I¡.
...""
MEMORANDUM
TO: Board of County Commissioners
PURCHASING
DEPARTMENT
FROM: Charles L. Bicht, Sr., Purchasing Manager
DATE: December 28, 1999
SUBJECT: Hurricane Irene Emergency Purchase Orders
The following Emergency Purchase Orders have been issued in accordance with the
St. Lucie County Purchasing Manual as the result of hurricane Irene:
P2010849 Stanley Steamer
P2010873 Pioneer Metals
P2011068 Garage Doors Sales
P2011217 Culpepper & Terpening
P2011220 Native Technologies
P2011300 Home Depot
P2011301 White Aluminum
P2011302 Garage Door Sales
P2011303 A A Fire
P2011306 Stanley Steamer
P2011308 Arnott Moving
Subtotal as of December 1, 1999
P2011595 JA Taylor Roofing
P2011596 Laumar Roofing
P2011601 Arnott Moving
P2011603 Turbo Link (windscreens)
Subtotal as of December 8,1999
H:\WP\MEMOS\irene POs 12-28-99.wpd
$300.00
500.00
468.00
2,500.00
184,990.00
87.20
661.50
175.00
110.00
348.50
1.742.75
$191,883.95
$35,4 70.00
122,093.00
400.00
13.391.29
$171,354.29
'-"
\.
P2010849 Stanley Steamer
P2010872 Tropic Supply
P2019874 J A Taylor Roofing
P2010946 Wolf AlC
P2010989 Lifeline Medical
P2010847 Dale's Bar-B-Q
P2010848 Flying J Inc
P2010062 Apple Industrial Supply
P2011736 Enviroglades Inc
Subtotal as of December 15, 1999
'-'
250.00
500.00
4,919.00
50.00
61.00
143.00
15.00
229.00
$45.000.00
$51,167.00
P2011804 Fla Recycling Services $149,520.60
P2011779 Superior Roofing 2,350.00
P2011793 CEI Florida, Inc. 2,949.57
P2011822 Consolidated Electric Supply 5,304.00
P2011850 Hall's Trucking 1,152.00
P2011220 Native Technologies CO add 2.372.178.00
Subtotal as of December 28, 1999 $2,533,453.57
Total
H:\WP\MEMOS\irene POs 12-28-99.wpd
$2.947.858.81
~
'-'
....,
ITEM NO. ~
AGENDA REOUEST
DATE: JANUARY 4, 2000
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [xx]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT) : ADMINISTRATION
DOUG ANDERSON
SUBJECT: LOBBYIST SERVICES
BACKGROUND: SEE ATTACHED MEMORANDUM
FUNDS AVAIL. (State type & No. of transaction or N/A): PROFESSIONAL SERVICES
001-1210-531000
PREVIOUS ACTION: AUGUST 1999 AGREEMENT
RECOMMENDATION: STAFF RECOMMENDS ENTERING INTO AN AGREEMENT WITH LEWIS,
LONGMAN & WALKER, P .A. FOR LOBBYIST SERVICES IN AN AMOUNT NOT TO EXCEED
$22,000.
[X] APPROVED
[ ] OTHER:
DENIED
COMMISSION ACTION:
D S M. ANDERSON
ounty Administrator
Review and Approvals
County Attorney:
Management & Budget
Purchasing :
Originating Dept.
Other:
Other:
Finance: (Check for Copy only, if applicable)___
Eff. 5/96
~
...."
-- M E M 0 RAN DUM
FROM: DOUG ANDERSON,
DATE: DECEMBER 27, 1999
SUBJECT: LOBBYIST SERVICES
-----------------------------------------------------------------
-----------------------------------------------------------------
This past August the County entered into an agreement with Lewis,
Longman & Walker, P.A. to perform lobbyist services in Tallahassee.
The cost for these services was in an amount not to exceed $8500.
The actual cost through October 31, 1999 was $7580.60. In December
they presented us with a proposal to provide these services through
February 29, 2000. The proposal is not to exceed $22,000. The
amount budgeted in this year's budget is $50,000. On December 17th
I submitted to you an update on legislative issues as provided us
by Lewis, Longman & Walker, P.A. Our requests for funding exceed
$30,000,000. Staff recommends entering into an agreement with
Lewis, Longman & Walker, P.A. for lobbyist services in an amount
not to exceed $22,000.
~
.....,
LEWIS, LONGMAN & WALKER, P.A.
A T -J 0 R N E Y 5
A T
LAW
R. STEVEN LEWIS
TERRY E. LEWIS
JAMES W. LINN
ANNE LONGMAN
DAVID E. RAMBA
KENNETH G. SPILLlAS
EDWIN A. STEINMEYER
STEPHEN A. WALKER
MICHELLE WILLIAMS
ERIC ASH
WILLIAM G. CAPKO
BETH ANN CARLSON
ROBERT P. DIFFENDERFER
KENNETH W. DODGE
BRENNA MALOUF DURDEN
WAYNE E. FLOWERS
KEVIN S. HENNESSY
DEBORAH D. HOLTON
7825 BAYMEADOWS WAY . SUITE 125
JACKSONVillE. FLORIDA 32256
(904) 737-2020 . FAX (904) 737-3221
POST OFFICE BOX 10788
TALLAHASSEE, FLORIDA 32302
125 SOUTH GADSDEN STREET . SUITE 300
TALLAHASSEE, FLORIDA 32301
(8501 222-5702 . FAX 1850) 224-9242
1700 PALM BEACH LAKES BOULEVARD . SUITE 1000
WEST PALM BEACH. FLORIDA 33401
(561) 640-0820 . FAX 1561) 640-8202
WEST PALM BEACH
REPLY TO:
November 29, 1999
Mr. Douglas M. Anderson
County Administrator
St. Lucie County
2300 Virginia Avenue
Ft. Pierce, FL 34982
VIA TELEF ACSIMILE
RE: Legislative Activity and Estimated Costs
Dear Doug:
Per our conversation and your request, this confirms the following:
1. On August 12, 1999, I estimated Firm legal fees and costs to St. Lucie County for
legislative activity during the period of August 1, 1999 through September 30, 1999 to
range in the amount of $2500 to $3500 per month and in any event to not exceed
$8,500.
2. In actuality, between July 1, 1999 and October 31, 1999, legal fees and costs amounted
to $7,580.60.
3. For the month of November, we have incurred estimated fees and costs of $ 5,796.94
due to the substantial amount of activity related to meeting with all of the State
agencies and legislative contacts necessary to secure St. Lucie County appropriations
and grants for its programs.
4. Based on the foregoing and because legislative activity will generally increase month by
month over the next five months, St. Lucie County should expect to incur fees and
costs related to legislative activity in the range of $4,800 to $5,500~ mOf1t1rfor the
period from November 1, 1999 through February 29, 2000.
'-"
'-.J
Mr. Douglas M. Anderson
St. Lucie County
November 29, 1999
Page 2
5. Including costs and legal fees, I do not anticipate the total during this time period to
exceed $22,000. Should it appear at any time as though the amount is likely to be
exceeded, I will contact you and receive written permission before proceeding.
If the foregoing is acceptable, please let me know.
Sincerely yours,
~~~
Terry E. Lewis
TELlsps
I:\Client Doeuments\St. Lucie County\4482\CORR\Anderson Ltr 2.doe
BOARD OF COUNTY COMMISSfONER5
5T. LUCIE COUNTY
BY:
COUNTY ADMINISTRATOR
¥
.,
TO:
MEMORAND~9"228
BOARD OF COUNTY c0:.aI E S
t -
DOUGLAS M. ANDERSON,' UNTY ADMINISTRATOR
FROM:
DATE:
DECEMBER 17, 1999
SUBJECT:
LEGIS LA TIVE ISSUES
Please find attached a fax I received from Lewis, Longman & Walker, P.A. yesterday afternoon
concerning the status of the County's Legislative requests. The second page of the letter outlines
grants that we are applying for through the Governor's office and the Water Advisory Panel. I have
made further notations as to the Department that will be applying for the grant. We are also planning
on applying for a grant to abandon the Lakewood Park Wastewater Treatment Plant and tying that
system into Holiday Pines. Bill Blazak is putting this together. Leisure Services will be applying
for grant money to stabilize the shoreline adjacent to the Historical Museum and fix the drainage and
resurface the parking lot.
The grant deadline is December 30th and Julia is preparing an addition to the Board of County
Commissioners agenda for the December 2151 meeting to apply for these grants.
Several of these grants are waterlsewer projects. As of now the State does not have this grant
application form ready for distribution. As soon as that fonn is received, we will be completing it
prior to the December 30th deadline.
All of this information is to be returned to my office and will be submitted with a cover letter to be
distributed to the proper State agencies.
Thank you.
DMA:99-228
c: Robert Bradshaw, Assistant County Administrator
Harvey Lincoln, ManagementlBudget Manager
Mike Leeds, Leisure Services Director
Bill Blazak, Utilities Director
Julia Shewchuk, Community Services Director
Ray Wamy, Public Works Director
Paul Phillips, Airport Director
Dan McIntyre, County Attorney
'. '-"
DEC. -16' 99!THU) 15:39 LEWIS, LONGMAN&WALKER
W
TEL:904-224-9242
p, 002
LEWIS. LONGMAN & WALKER. P.A.
ATTORNEYS AT LAW
7825BAYM£<\DOWSWAY'Surœ us
1....a!O'N'JIUE. fUJlUD... 3D.Só
(9Do1J n1..1020 . FAX (9C4) m.Jn1
l700 PAlMBEA.CB UJŒS OOULEVAIW
S\1JT£ 1000
WESTPAL't8EAOlfLOlUtI^ 3J.101
(SOt) 6.\G.(,S'10 . FAX (561) 64~0'2
.R.. SJ"EVÐI ¡,ß.'S
TI1tKY £.LEWIS
JAMES W.lJlorn
A.'lNELONGMA."i
DA.VID E. RAMEA
1Œ1<1œitf G. S?IU.IAS
mW~A.STtINMEYÐl
:rT£PHEN A.. WAL.>œt
ro.aaŒ!.Œ Vft1,.l1AMS
~\q1
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WIU..L\M v_ CAPKO
BE!H~~N
R.OBEIlrp.D~
IŒNNETH W. DODGE
&:!ENNA M."LOUF DURD£N
WA nΠE. FLO'/t'ERS
(.£VIN s. 'fIENNtSSY
CEBORAH D_ HOLTON
12' soo-rn GADSDEN S11I.££T' sum: 300
P03rOFPICEBOX 101118
l'Al.I..AHASSEE, ft.,OlUDA :Jpal
(!!10') m-r.o1 . fNC (~O) n4-9.lol':!
~y to: TAlLAHASSEE
MEMORANDuM
TO: Doug Anderson, County AdIníci.strator
DATE:
Terry Lewis /1J /
David E. Ramb:vY/JY
December 16, 1999
VIA TELEFACSIMILE
FROM:
RE:
2000-2001 Appropriations for St. Lucie County - Upda!e
Per your request, attached is information and a. status report on projec.ts needed by St.
Lucie County and for submission to the 2000-2001 Florida Legislature. Please note that some
procedures for obtaining funds from the state have changed during the past year, and that
submissions must be IIl~e. for qualifying projects for their inclusion into the Legislative budget
process to avoid the veto pen of the Governor. For projects that are not included in an agency
budget or grant award, we will continue to work towards including those indlvidualline items in
the: Legislative budget.
Water Ouali~fConservationfW~ter Protects
A!, you are aware, there arc new proce&1res that apply to wastewater and SIl!face water
restoration projects. The Govemor, through an Execuûye Order, created a. Warer Advisory Panel
that will review applications and provide recommendations for funding through the Legislature.
Said applications are due to the Departm.cnt of Enviromnental protection by December 3D, 1999.
Applications are attached and should follow the criteria 1 mailed to you in my November 29,
1999 pa.ckage. As we have met with Department of Environmental Protection during your visit
~
DEC. -16"Y9 (THU) 15: 40 LEVI! S, LONGMAN&WALKER
...,
TEL:904-224-9242
P. 003
Memorandum
December 16, 1999
Page 2
on November 17, 1999 to discuss individual appropriations requests, we believe an additional
follow-up rneeting would be appropriate during your February 8-10,2000 trip to Tallahassee.
Under the criteria set out by the: Governor's Office and the Water Advisory Panel, the
following projects need to be subnlitted to the Depa:rtImnt of Environmental protet:tion by
December 30,1999: .
. 5 v L-v ,-----
Harbor Fointe Improvements (WaterlSewer) S 375,000 Lt./ :> I ;....¡1...A
North County Water Improvements at Airport Industria1 Park $4,140,190·\J (I L /.JhJ
Ten Mile Creek Regional Attenuation Facility S3,000,000/6 -::- -- .:
Indian River EstatesISavannas Water Retention Fadlit:ies $4,800,000"'/ ¡ ,
Savannas Outdoor Recreation Area ImproftD1ents (WatuIS~wer) S 190,000 U') )f,,-J
Fairgrounds RelocationIDisastet:' & Special Needs Sbe]tet ~~aterISewer) $ 500,000· U n ~ I h) ~
Ft. Pierce Causeway IsIanrls_S!!"reline Stahilizl!tÎ?".--:;::, ¿ ¡Þ In ¿ _ M S 903,100 I·J ';~~, ~-
L.., I¿.¿L..J>,.. t:J. /oj A n.....- L--.i L;-' I; ,tð~.' I'I,-;..IJ.',.J.'>"),0/1 ') /'- - .ß.- /
17' ,) f1 ....... c.-.->........ ¡......, V" ,) c;. v.- .",,-,, _L, 4~.
From our last meeting. St. cie County wa.s awaiting notification frQD1 FEMA regarding
the need for federal assisLIDCe for the shoreline stBbi1ization. Additional information regarding
this project needs to be fO!W3Ided to Department of Environmental Proteetion. Division of
Be;!clæs and Shores to investigat.e any other sources of funding.. If FEMA fiu,1ding is not
available., a general legislative appropriation will be S\lbmit:ted.
Once the applications are with the DEP 1 we will need to begin workiDg with the agency
and House and Senate Appropriations committee members. including Representative Pruitt, on
making certain these iœIl1S arc funded. ~_be done during the Feb~~10 visit.
Additionally, please keep in mind that South Florida. Water Manage;ment District haS a.1ready
requested some dollars for both the Ten Mile Creek Regional ~tion Facility and the
Savannas project. One of our tasks will be to work with legislative awropriarlODS members to
jncr~ those doUars to tb.e desired levels.
Parks aad Recreation Projects
Football and Soccer Stadimn $750,000
It appeared wm our meeting on November 18, 1999 with FRDAP that our gmnt
application is wroplete and St. Lucie should be hearlng my day whetbcr they have been approved
for a $400,000 gráIlt in partnership with the City of Port St Lucie. We ate still loolång to
~ ""'''' ~,"d;ng for the remaj¡ûn¡: $350,000, and the ~roce<Jme !hot will be used in the
Legis!ative appropriations project for state fundÎJ:1g lQ.f loca1_ t>roj~. TheJ:e 15 legislation filed. as
wen to set up the application type process for park and reCt'eanon projects outSide of the grants
currently available through me Department of En'JiroDlTu'·1J. 'a.l Proœction.
'-"
DE-G. -16' 99(THU) 15:41 LEWIS, LONGMAN&WALKER
....,
TEL:904-224-9242
P.004
Memorwdum
December 16, 1999
Page 3
There is also a possibility that the current cap on indMdual FRDAP grams may be
increased this year. Such an increase in the ~p will require legislation. We. will also work with
the appropriate legislators to loòby for such an increase and try to allocate 3Jl'j increase among
grants awarded this year.
Sa'Van:nas Reueaûonal Area Improvements 5850,000
There ate two grant funding sources available for application for this pmject. First, a
FRDAP grant could oov~ $200,000 for the. improvemems· Second, Florida recently received
$1.7 million from Congress for che Land & Warer Conservation Fund. Unfortunately, individU3l
projects can only receive $100,000 under tirls moch,ni<m. Again. tbc proceómc for geccral
legislative appropriatjons is still changing, but we believe project submissions will be reqnired
similar to the WaterlWastewater Project fun<ling.
HutchinSOn Is1and Improvement Project $1,024,362
It appears from the background materials provided that the County is requesting $500,000
for park improvemen!S and $524,362 for the purchase of the Jack Island Addition- As the CountY
can have only twO FRDAP grants running at any one ti1ne. it wowd seem that services of funding
for this project would have to be applied fur on a piecemeal basis. I would include part of the
park itnprovements and bnd purchase in a request for $100,000 from the Land & Water
Conservation Fumi,. DOT for tbe bike path, and apply for SWIM grants and J1]dian River Lagoon
License Plate grants.
Barbor Pointe Improvements $1,750,000
The Harbor pointe project would need to be done ít\ parts undu the new budget strategy.
Wat~/~wer improvements would need to be applied for through the Water Advisory Panel, and
the rem~1nil1f funding for the project WO\Jld have to be justified as a regional public/recreational
facility through the general appropriations process.
FairQI'o~ RelocationIDisaster Co~ Ce~/SJ!eCial Needs Shelter
Agric1JltuTe Exhibit, Fairgrounds Relation., Dbaster Cotl1mand & Special Nee.ds
Shelter $8,000,000
It ~ from our meetings with the Department of Agric.ulture and Department of
Community Affah's that tlris project will have to be: done through a combination of agencies.
Senator Childers (R-pensacola) is rumored to be developing a funcling source fot' fairgrotmds.
and as you know from 01.11" IIleeting ofNo'/ember 18, 1999 with the Department of Community
Affairs. they have funding avaita.'ble for increas~ wind resistance/protection upgrades for the
fairgrmmrls facility that would he used as a Special oeeds shelter. We win continue to worl< with
'-"
PEG. -16· 99nHU) 15:41 LEWIS, LONGMAN&WALKER
W
TEL:904-224-9242
p, 005
Memorandum
December 16, 1999
Page 4
-.
the Dep2I.1ment of AgriClÙture on their funding program for fairgrounds, as well as support
inclusion of portions of the request in the Department of Agriculture supplemental budget.
Enterprise F10rida
Airport Industrial Park Road Projed5 (Industrial Ave OnefPhase 3) Sl,sSO~OOO
Funding could be available: through Enterprise Florida's Economic Development
Transportation Fund if road design and constru.cnon were ti.ed to businesses relocating in Florida..
Funding awards need to be made based on relocation of an existing business to 81. Lucie County.
but must be from corporations ~t meet 1he criteria given to us at our November IS, 1999
meeting in Tallahassee.
Aquaculture Dem.on~tion Proiect
I have been communicating with Michael Ednoff to coordinate the request for $315,000
for the Aquaculture Demonstration Project. According to Jiro Naff, as a result of our meeting
vrith the Department of Agñculture on November 17, 1999 the Department will include this
project in their supplemental budget request to the Governor in January. Mic~l Ednoff has
been working with the Department of Agriculture to education them on this request. Additional
coordination will be necessary v.iÙ1 the University of Florida fot maiIrtain.iJlg funding in the
University's budget
Department ofTl'MlSportation
South 2St!l Street Phase lll\.fidway Rd. Widening
$12,940,000
South Hutchinson Island Pedestrian & Bike Path
S 2,000,000
1 understand that Commissioner Hutchinson bas been successful in meetings with Rick
Chesser in moving up the priority for the 25th Street project. Assuming there are appropriations
in the: Department of Transportatí.on budget for this prOject. we v..illlobby on behali' of the
Couaty for theiI' inclusion in the fina1 budget We will also continue to look for logical projcGts
within the Department of TranspOrtation budget for insertion of Bike Path project appropriations.
Mornin~side Library
After our meeting with the Secretary of State Division of Library SetVÍces on the
$200,000 request for funding, it appears that the only funding available for this project would be
through grants or an individual line item appt'Opñs:tion inserted by the Legislature. Grants
'-"
DE~.-16' 99 (THU¡ 15:42 LEWIS, LONGMAN&WALKER
....,
TEL: 904- 224-9242
P,OO&
Memorandum
December 16. 1999
Page 5
. --
iufonnatiou was given to the County at out Ta!lBhJ¡ssee meetiDg, and appUeaJioDS - due Mareb
15, 2000.
DEC.-16'~9!THU) 15:39
...,.
LEWIS, LONGMAN&WALKER
TEL: 904~4-9242
p, 001
LEWIS, LONGMAN & W ALKE& P.A.
ATTORNEYS AT LAW
7W BAYMEADOWS WAY . SUITE IzS
JACKSONvILLE. FLORIDA 32256
(~)737-202.0 . fAX(;KI4)737-322t
ERIC ASH
WJLJ..IA¡.'\t G. CAPKO
BETH ANN CARLSON
ROBERT P. DIFfE.,."IDERFE.'R
K£NNEmW- DODGE
:BRENNA lAALOUF DURDEN
WAYNE E. FLOVlE1lS
KEVIN S. :HENrŒ.SSY
DEBORAH D. HOLiON
125 SOUTH GADSDEN STIŒET
SUITE 300
POST OFFICE BOX 10788
TALLA.HASSEE~ FLORIDA
32302
(850) 222-5702 · FAX (850)
224-9242
----
1700 PAL\! BEACH UJCE.$ BOULEV AAD
$'UtTE 1000
WES1" PALM ÐEAC'f{. FLORID.... ~1
(.:16\) 64O-OS~. FAX G,5"61) 640-8202
TELECOPY COvœ.sm:ET
Date:
);;J. / I /.r; / 9 q Client,'Matter No. ~ 'it » ~
. .
[)Q'-1 () JA d# j tJTJ1 )
To:
Tclccopy Nu:œb<:r:
Te1ecopY Number.
Telecopy Nuwber.
FIOt'I ;
Subject
~JA~ £ rs:i:::J¿::;;:;
R. STEVEN LEWIS
TERRY E. LEWIS
J.-\MES w, LINN
AN}."E LONGMAN
DAVID E_ RAMBA
K.ENNEIH G. spU,l.lAS
EDWIN A. s'I'EINMEYER
STEPIIEN A. W AIJŒR
},fiCHElLE wn..UA.i."\tS
~YIÐ~Tel1"h,,<.~
}1ages: ~
(Na- ¢'ps~ inc1uLing CO\oM.~)
!J hi / '/-Ið:{ - :L13/
,
~!!
THE INFORJ.'d...\TIOl'f CONT~ IN THIS TELECOPY MESSAGE IS A1TORNEYICLIENT PlUVILEGED
AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDlVWU.o\L OR~""Im"
NMŒ.D ABOVE. If TIlE JŒAJ)ER OF THIS MESSAGE IS NOT TIŒ FiTEND'!.» RECIPIENT. YOO AJŒ.
HEREBY NO'TIFIED THAT k"'" DlSSLWNATION, DISTRIBUI10N OR coPYING OF THJS
COl\oIMUl'iICATlON IS STRIC'fL Y J'ROHIm'I'ED. IF yOU HAVE RECEIVED 'IHIS CO~CAT1ON IN
ERROR, PLEASE IMMEDIATELY NO'I'IFY uS BY TELEPHONE, AND RETURN "OΠORIGINAL MESSAGErTO US AT nn:. ABOVE-ADDRESS VIA 'tHE POSTAL SERVICE. THANK YO(J.
IfpE"IJbleø1S y,itb trammissiOD occur. ple3Se ca11
(904) m-281U -JA~"VIlLE
(8511) 22:2.5181- T~
(561) 64B-0820 - W£Sl' F.A.LM BEAcH
Message:
~ENDA REQUEST
1M NO. t...5- A
DATE: 01/04/00
CONSENT X
REGULAR
tI
PUBLIC HEARING [ ]
Leg. [ ] Quasi-Jud.[
Community Development
PRESENTED BY:
c2d-
lit-
\}
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY:
a
mmunity Development Director
SUBJECT:
Request for final plat approval for the site plan known
as D. Moore's SID located on the east side of Pulitzer
Road, approximately 1,700 feet south of Orange Avenue.
BACKGROUND:
John G. Albritton has submitted a plat for a 2-lot
single-family residential subdivision to be known as D.
Moore's SID on a 27.33 acre parcel. (File No.: MnSP-99-017)
FtmDS AVAILABLE:
N/A
PREVIOUS ACTION:
On December 14, 1999, the St. Lucie County Community
Development Director, through Community Development Order
99-014, granted approval to the minor site plan for D.
Moore's SID.
RECOMMENDATION:
Approve the final plat of D. Moore's SiD and authorize
its final execution.
[ X]
[ ]
APPROVED
OTHER:
DENIED
COMMISSION ACTION:
Administrator
-cy .""",.,,,-K'
originating Department:
Finance: (Check for Copy only, if applicable)
Review and Approvals
Management ~ Budget:
Other:
Purchasing:
Other:
"-"
....,
"'~
.'
~
COUNTY COMMISSION REVIEW: 01/04/00
,
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
To:
Board of County Commissioners
From:
Julia I. Shewchuk, Community Development Director
Date:
December 29, 1999
Subject:
Petition of John G. Albritton for final plat approval for a 2-10t residential
subdivision to be known as D. Moore's Subdivision
On December 14, 1999, the St. Lucie County Community Development Director granted approval
of a minor site plan for a 2-10t residential subdivision to be known as D. Moore's Subdivision
proposed to be located at the east side if Pulitzer Road, approximately 1,700 feet south of Orange
A venue. The associated final plat for this subdivision was received in the office of the Community
Development Director on December 20, 1999.
In accordance with the provisions of Section 11.03.03(D) of the St. Lucie County Land
Development Code, you are hereby requested to approve the plat for the subdivision to be known
as D. Moore's Subdivision. This plat was determined to meet all applicable provisions of the St.
Lucie County Land Development Code and Chapter 177, Florida Statutes on December 21, 1999.
Please contact this office if you have any questions on this matter.
SUBMITTED:
lia I. Shewchuk, AICP
ommunity Development Director
cc: Ron Harris, County Surveyor
Dan McIntyre, County Attorney
John G. Albritton, PSM
File
~.,.r'"
~
"""'"
'"
..
.....
AGENDA REOUEST
ITEM NO. C.5- 6
DATE: January 4, 2000
CONSENT X
REGULAR
PUBLIC HEARING [ ]
Leg. [ ] Quasi-JD.
SUBJECT:
Public Hearing Advance Notice.
Dev. Director
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT): Community Development
BACKGROUND:
The following public hearings will
Commissioners meeting of January 18,
thereafter as possible.
be
2000,
scheduled
at 7: 00
for
p.m. ,
the County
or as soon
1. APOSTLE FAITH CHURCH OF DELIVERANCE, INC., for a Change in Zoning from the RS-4
(Residential, Single-Family - 4 du/acre) zoning District to the I (Institutional)
zoning District for the following described property:
(Location: West side of North 43rd Street, approximately 150 feet north of
Avenue "Mil)
2. ST. FRANCIS OF ASSISI CATHOLIC SCHOOL FOUNDATION, INC., for a Conditional Use Permit
to allow a Bingo Establishment in the CG (Commercial, General) zoning District for the
following described property:
(Location: 8421-8453 South U.S. Highway No.1 (St. Lucie Palm Center»
FtmDS AVAILABLE: Not Applicable.
PREVIOUS ACTION: None.
RECOMMENDATION: Staff recommends that the Board acknowledge the Public Hearing
schedule for January 18, 2000.
[X ]
[ ]
APPROVED
OTHER:
DENIED
4~··~
M. Anderson
Administrator
COMMISSION ACTION:
County Attorney:
at'
("nnrñi n~t-; on/~i qn~hlrp-~
Mgt & Budget:
purchasing:
originating Dept:
Other:
Other:
Finance: (copies only) :
;tJIII"'"
,.
'-'
....,
....
COUNTY COMMISSION REVIEW: JANUARY 4, 2000
CONSENT AGENDA
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
FROM:
B~f C0ty/y Co~is}ioners
Jë7"a.~Sh~Jdh~~~evel0pmeut
December 27, 1999
Director
TO:
DATE:
SUBJECT:
Advance Notice for Public Hearings
It is requested that the Board of County Commissioners authorize the following
public hearings for January 18, 2000, at 7:00 P.M. or as soon thereafter as
possible.
1. APOSTLE FAITH CHURCH OF DELIVERANCE, INC., for a Change in Zoning from the
RS-4 (Residential, Single-Family - 4 du/acre) zoning District to the I
(Institutional) zoning District for the following described property:
(Location: West side of North 43rd Street, approximately 150 feet
north of Avenue "M")
2. ST. FRANCIS OF ASSISI CATHOLIC SCHOOL FOUNDATION, INC., for a Conditional
Use Permit to allow a Bingo Establishment in the CG (Commercial, General)
zoning District for the following described property:
(Location: 8421-8453 South U.S. Highway No. 1 (St. Lucie Palm
Center) )
Please call me if you have any questions.
JS/jmr
cc: County Administrator
County Attorney
File
·- -
.
W'
..,.,
APDDA RZOUBST
I'.rBM NO. C-6A
DAft: January 4, 1999
REGULAR [ ]
PUBLIC BEARING [ ]
CONSBN'r [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT):
Agriculture
An~të¡l S. Neal
~UBJECT: Environmental Horticulture Agent position
ßACKGROUND: see attached memo
fUNDS AVAIL.: n/a
PREVIOUS J.\CTION: n/a
RECOMMENDATION: Staff recommends the Board accept the University of Florida's
offer to fund 30% of the Environmental Horticulture Agent's position.
ÇOMMISSION AC'lI01f:
[ x ] APPROVED
[ ] OTHER:
] DENIED
ÞVi..., an4 ~J:oYal.
County Attorney:
Management & BUdgetiJJJ¡r1{;Y
Purchasing :
Other:
Other:
Originating Dept.
Finance: (Check for Copy only, if applicable)___
Eff. 5/96
'-.' .. ..
'-"
w
Cooperative Extension Service
Institute of Food and Agricultural Sciences
700 Experiment Station Road
Lake Alfted, FL 33850
December 15, 1999
Mr. Doug Anderson
County Ad111inistrator
St. Lucie County
2300 Virginia Ave.
Ft. Pierce, FL 34982
Dear Mr. Anderson:
The partnership between the University of Florida and St. Lucie County Government has been a
strong and viable one, enabling citizens of the county to have access to in-depth research-based
information through University resources. In furtherance of this partnership, we have been able to
secure additional salary dollars to help support one of the existing Extension positions which is
currently paid by St. Lucie County. In following standard hiring practices, we have advertized the
state/county position as an Environmental Horticulture faculty position; we have completed the
screening and interviewing process; and we wish to place the name of the University
recommended candidate before you for your approval. We recommend the placement of Anita
Neal into this jointly funded position. I will wait for your acceptance or disapproval of this
nomination.
We look forward to a continued positive partnership.
Sincerely,
-
1.+1t1~
Marilyn N. Nonnan, Ph.D.
District Extension Director
District IV
~
~
AGENDA REQUEST
ITEM NO. C-6B
DATE: January 4, 2000
REGULAR [ ]
PUBLIC BEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT) :
Aariculture
Anita S. Neal
SUBJECT: Horticulture Specialist position
BACKGROUND: see attached memo
FUNDS AVAIL.: yes, in account 001-3715-512000-300
Salaries, Agriculture
PREVIOUS ACTION: n/a
RECOMMENDATION: Staff recommends the Board approve the request to create a
part-time Horticulture Specialist position for the Agriculture division and
approve position Request #EXTOO-0032 from savings derived from the full time
Environmental Horticulture position.
[ X] APPROVED
[ ] OTHER:
DENIED
COMMIS~ION ACTION:
Review and ~provals
County Attorney:
Management & BUdgettìì#}7C?
purchasing : ~
Originating DePt.~ ~~
Other:
Other:
Finance: (Check for Copy only, if applicable)___
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AGRICULTURE
MEMORANDUM
TO: Doug Anderson, County Administrator
Anita S. Neal, Interim County Extension Director ~
FROM:
DATE:
December 9, 1999
RE:
Horticulture Specialist Position
I have just spoken with Dr. Marilyn Norman, our District Extension Director
for the University of Florida, who informed me that I am the only candidate
interviewing in Gainesville on December 13th for the position that will now be
funded 30% by the University. That means that, as expected, I will retain my
Environmental Horticulture position and the funding source for the part-time
Horticulture Specialist position is secure. As we determined previously, this
position would work 20 hours per week and the starting pay would be $9.47/hr.
Funding is available from the 30% of my position and funds remaining from the
unfilled Director's position.
By copy of this memorandum, I would ask that Human Resources process the
necessary paperwork and have this position ready to advertise as soon as possible
after Board approval. Thank you for your assistance in this matter.
ASN/ca
cc: Hank Dufour, Human Resources Manager
Pat Clute, Personnel Coordinator
'--'
"WI
Job Code
Pay Grade
Rev. Date
Page 1 of2
HORTICULTURE SPECIALIST
MAJOR FUNCTION: Provide assistance in delivering horticulture programs and coordination
of the Master Gardener Volunteers.
KNOWLEDGE, ABILITIES AND SKILLS NEEDED IN ORDER TO PERFORM THE
ESSENTIAL JOB FUNCTIONS:
Knowledge: Knowledge of modem office procedures and command of communication
skills. Knowledge of general horticulture infonnation.
Abilities: Ability to work effectively with the public, professionals and senior adults.
Ability to work as a team play or work independently depending on the
situation. Ability to speak before groups and interact with other agencies
and organizations. Skilled in the use of computers for word processing,
data base maintenance and presentations. Ability to work comfortably with
all forms of the media.
ESSENTIAL JOB FUNCTION: Provides assistance to the Environmental Horticulture Agent in
delivering programs in various locations around the county to a wide variety of audiences from
homeowners to gardening professionals. Provide coordination for the Master Gardener
Volunteer Program by managing scheduled events, recruiting volunteers, assist in providing initial
and continued training. Available to assist Master Gardeners in Plant Clinic situations. Assist
with programs associated with the Florida Yards & Neighborhoods Program and 4-H as needed.
Attend meetings for or with the Environmental Horticulture Agent as needed. Complete and
submit monthly reports. Occasional travel to different locations around St. Lucie County.
ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. Good
hand/eye coordination. Frequent use of good near vision, good hearing. Occasional walking and
frequent standing. Ability to occasionally lift 30 pounds.
ENVIRONMENTAL CONDITION REQUIREMENTS: Will work inside the office as well as in
the field.
WORK HAZARDS: None
SAFETY EQUIPMENT USED OR NEEDED: None
EDUCATION: Possession of a Bachelor's of Science degree in horticulture or related field is
preferred.
'-'
~
EXPERIENCE: Considerable experience working with volunteers, Experience in delivering
presentations to a wide variety of audiences.
LICENSE, CERTIFICATION OR REGISTRATION: Florida Driver's license is required.
,
\"
,
'-GENOA REQUEST
'-IEM NO.
C-7
OA TE: January 4, 2000
REGULAR []
PUBLIC HEARING [ ]
CONSENT [ X ]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY:
OMB
PRESENTED BY: Harvey M. Lincoln
SUBJECT:
Budget Resolution #00-027, acceptance of supplemental funding for the
BULLETPROOF VESTS 98 grant award from the US Dept. Of Justice in the
amount of $2,000.
BACKGROUND:
St. Lucie County Sheliffs Office has been approved to participate in the
Bulletproof Vests Partnership Program offered by the US Department of
Justice, Bureau of Justice Assistance. One armor vest per law enforcement officer
per fiscal year may be purchased through this program. Federal payment will
cover up to 50% of the jurisdiction's total costs. St. Lucie Sheriffs Office has
funds budgeted for the required local match. USDOJ awarded $4,000 in
September of 1999. Current $2,000 award is the final allocation for this grant.
FUNDS WILL BE AVAILABLE:
107113-2110-331210-200 USDOJ Bulletproof Vests Grant
PREVIOUS ACTION:
St. Lucie County BOCC approved an electronic application for this grant on
7/27/99. On 9/14/99 BOCC accepted the initial $4,000 award from USDOJ.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners accept the additional
Bulletproof Vests grant award and authorize the County Administrator to sign the
electronic grant award document, and to approve Resolution #00-027 to
appropriate and expend the funds.
tc] APPROVED [] DENIED
[ ] OTHER:
~ <~. ",{--
oug Anderson
County Administrator
COMMISSION ACTION:
Coordination/Sianatures í
County Attorney: 1\1.< ~"'1> r pJl"> Management & Budget: ~ Purchasing:
Originating Dept: Public Works: Other:
Finance: (Check for Copy only, if applicable) XX
G:\BUDGE1ì WP\AGENDA'S\AgcndaOO\ '4V esu _Grant wpd
'-" RESOLUTION NO. 00-027....,
WHEREAS, subsequent to the adoption of the S1. Lucie County Board of County Commissioners budget for St.
Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from
a grant-in-aid to the S1. Lucie County Board of County Commissioners from the US Department of Justice for
the Bulletproof Vests Grant in the amount of $2,000.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida,
in meeting assembled this 4th day of January, 2000, pursuant to Section 129.06 (d), Florida Statutes, such
funds are hereby appropriated for the fiscal year 1999-00, and the County's budget is hereby amended as
follows:
REVENUES
107113-2110-331210-200
Dept. of Justice
$2,000
APPROPRIATIONS
107113-2110-581091-200
S1. Lucie County Sheriff
$2,000
After motion and second the vote on this resolution was as follows:
Commissioner John D. Bruhn
Commissioner Frannie Hutchinson
Commissioner Paula A. Lewis
Commissioner Cliff Barnes
Commissioner Doug Coward
xxx
XXX
XXX
XXX
XXX
PASSED AND DULY ADOPTED THIS 4TH DAY OF JANUARY, 2000.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
L.
G:\BUDGE1\WP\AGENDA'S\AgendaOO\ '4V esIs _Grant wpd
í1 Maria Gorniewicz - Your BVPApeH~ation for F.Uñding has been Ä~pròved -"::.::'='.==-- =,~~=.
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From:
To:
Date:
Subject:
<vests@reisys.com>
SLCMAl LD.V M VE_P(GORNI EWM), SLCMAI LD. GWIA("vestsmai...
Sun, Dec 19,199911:19 PM
Your BVP Application for Funding has been Approved
1999 Application Approval
Supplemental Funding
The Bureau of Justice Assistance (BJA) is pleased to inform you that
your application for funding under the Bulletproof Vest Partnership Grant
Act of 1998 has been awarded additional funding of $ 2000.00.
This amount constitutes the total additional funding available to your
jurisdiction, ST LUCIE COUNTY, this year.
Purchasing and Receiving Vests: As this notification is only sent to
jurisdictions, we request that you convey this supplemental funding to
any law enforcement agencies included in your application. Your chief
executive (or designee) is responsible for determining the process through
which the supplemental funding is used to meet individual law enforcement
agency vest needs. Once purchased vests have been delivered to law
enforcement agencies, an on-line receiving report must be completed. The
jurisdiction then requests payment from BJA to cover up to 50% of the cost
of the vests received. Jurisdictions are responsible for ensuring that
purchased vests are in compliance with applicable program standards, that
the invoiced prices do not include unrelated law enforcement equipment,
and that program payments do not exceed 50% of the cost of purchased vests
under this program.
Electronic Funds Transfer: When BJA receives the jurisdiction's
request for payment, funds are electronically transferred from the U.S.
Treasury to the jurisdiction's bank account, as identified during the
on-line registration process. Up to three weeks may be needed to process
the payment. You will be notified via email once your request for
payment has been processed. Each jurisdiction is responsible for facilitating
prompt payment to vest vendors.
Please direct questions about this program to the technical support
staff at 1-877-75VESTS (1-877-758-3787). Thank you.
cc:
SLCMAILD. GWlA("WA TKINSR@ojp.usdoj.gov")
GRANT AWARD ACCEPTED BY:
ATTESTED BY:
Douglas Anderson
County Administrator
Date:
aria Gorniewic:z - Header
.,..,...,
'-"
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Message-I D: < 135084313. 945663575790. JavaMail. root@vests.ojp.gov>
To: vestsmail@reisys.com, gorniewm@stlucieco.gov
Subject: Your BVP Application for Funding has been Approved
Cc: vestsmail@reisys.com, WATKINSR@ojp.usdoj.gov
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.~
.."",
Board of County Commissioners Meeting
January 4, 2000
UNAGENDAED ITEMS
PUBLIC WORKS/ENGINEERING
St. Lucie River Issues Team - Consider staff recommendation to permit staff to
go to the Issues Team to present the Sunrise Mitigation Project for funding for
the construction portion.
Commission Action:
[ X ] Approved
[ ] Denied
[ ] Other
/~ -------.
Do as . Anderson
County dministrator