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Agenda Packet 01-25-00
'-' '..,/ ~..- JANUARY 25, 2000 9:00 AM BOARD ÖF 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 HEARlNGS- 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 'nill be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward" one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT-Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. 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. '-' '..,/ " 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 ßOA~D OF COUNTY COMMISSIONERS -. AGENDA January 25, 2000 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE Approve the minutes ofthe meeting held January 18, 2000. Ftw(Ov~ 1. MINUTES 2. PROCLAMATIONIPRESENTATION B. Historical Museum / Budget Resolution No. 00-36 - Iva Jean Maddox will be here to give a presentation on the Historical Museum and to accept the Consultant Grant from the National Endowment for the Humanities - Consider staff recommendation to accept the grant award and approve the budget resolution. App(b.,¡~ Employee of the Quarter - The Chairman of the Board will present a certificate to Gary Perdew, Management and Budget, as the Employee of the Quarter for October- December, 1999. A. j c Suggestion of the Quarter - The Chairman of the Board will present a certificate to Paul Hiott, Veterans Services, for the best suggestion submitted in the fourth quarter of 1999. 3. ~~ GENERAL PUBLIC COMMENT ~(HOC-- V' CONSENT AGENDA C- 3A ~ì?J..k- \/of-v 4. PUBLIC HEARINGS ,:t\''v ~ 5. ~Sì C~ ~. \n 'R ~\~ COUNTY ATTORNEY Ordinance No. 99-23 / Funding for Crime Prevention Programs and Safe Neighborhood Programs _ Consider staff recommendation to adopt Ordinance No. ~9-23'1C;, ¡,. Co~1bdORo(\QJ~~J1 ö10 ~1t iff"fM ~ ~AA1~ (/~6f{)o4J· .0/0 -tvC~ NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boarô at these meetings will ~eed. a record ofthe proceedmgs and for such purpose may !1eeil to ensure that a verbatim record of the proceedmgs IS made. Upon the requesf of any party to the proceedmgs, individuals testifying during a he.ari!1g will be ~w?rn in.. Any paryy to the proceedings will b.e gra1!ted. t'þe opportunity to cross-examine any mdlvl~ual tes.tlfymg durmg a heanng upon r~quest. Anyone WIt1ì. a dlsabl.hty requiring accommodation to attend this meetmg should contact the St. Lucie County Commumty Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior fo the meeting. '-' '..,/ REGULAR AGENDA JANUARY 25, 2000 PAGE TWO 6. COUNTY ATTORNEY Resolution No. 00-38 _ Consider staff recommendation to approve the resolution authorizing the acquisition and construction for the South County Regional Stadium and related capital improvements within the County. Af\ .. '" -1) ö c::: ''o/pr¿J\f~ iJ /--0 ~. fpD10 ð /1 ~ .~( OJQj~(ehÙ. &~~ fuf )ùJM (jJ1{ {j0 ~ ~l~Q;) ~\/ ~.. '-' '..,/ CONSENT AGENDA Januarv 25. 2000 r " 1i W ARRANTS LIST j Approve warrants list No. 17 2. MANAGEMENT AND BUDGET A. Budget Resolution No. 00-31 and New Position Request No PSOO-033 - Consider staff recommendation to approve the budget resolution to appropriate and expend funds from the FDEP Urban Mobile Irrigation Lab award and approve the new position for an employee funded from the grant. B. Budget Resolution No. 00-30 and New Position Request No PSOO-031- Consider staff recommendation to approve the budget resolution to appropriate and expend funds from the SFWMD Floridan Acquifer Well Monitoring award and approve the new position for an employee funded from the grant. 3. LEISURE SERVICES B. Agreement Amendment / New Year's Eve Celebration at the Civic Center - Consider staff recommendation to approve the amendment to the lease agreement with St. Lucie Battery and Tire and the Country Store Restaurant for the New Year's Eve Dinner- Dance at the Civic Center. \[ ò\Þ ~ J.../ "1. ~ dJyJll.~ ApP\DJ~ 'j (I' 1hJ-ch~ Cultural Affairs Council Ceremony - Consider the request of the Cu tural Affairs Council to serve wine and cheese at the Fort Pierce Community Center on January 27, 2000, during their annual meeting and ribbon cutting ceremony. A. 4. PURCHASING A. Permission to Advertise Request for Proposals - Consider staff recommendation to advertise the Request for Proposals for a Butterfly House and/or Wildlife Rehab Hospital at the Savannas Recreation Area. B. Award of Bid No. 00-008 _ Consider staff recommendation to award the bid for the 84" R.C.P. Culvert Replacement for Sunrise Boulevard at Platt's Branch to Johnson-Davis in the amount of $134,890, approve the project budget as indicated aDd authorize the Chairman to sign the contract as prepared by the County Attorney. C. Permission to Advertise - Consider staff recommendation to approve the request to advertise a bid to provide and haul Coquina rock. D. Hurricane Irene & Floyd Emergency Purchase Orders - Consider staff recommendation to approve the emergency purchase orders issued. '-' '..,/ CONSENT AGENDA JANUARY 25, 2000 PAGE TWO 5. COUNTY ATTORNEY' A. Resolution No. 00-37 - Consider staff recommendation to approve the resolution commending Robert Rise of Troop 405 for achieving the rank of Eagle Scout. B. Resolution No. 00-40 / Drainage Easement of Roger D. Price - Consider staff recommendation to execute the resolution, accept the drainage easement and instruct staff to record the resolution and easement in the Public Records of St. Lucie County, Florida. C. 1999-2000 Florida Emergency Medical Services Grant / Fourth Extension oflnterlocal Agreement _ Consider staff recommendation to approve the Fourth Extension of the Interlocal Agreement with the St. Lucie County Fire District and authorize the Chairman to sign the extension. D. South County Regional Stadium / Amendment to Agreement ,vith Edlund Dritenbas Architects, P.A. _ Consider staff recommendation to approve the amended agreement and authorize the Chairman to sign the agreement. 6. PUBLIC WORKS Interlocal Agreements _ Consider staff recommendation to approve the interlocal agreements with the Property Appraiser and Tax Collector for the Raintree Forest, North Al A, 'Vestglen and River Branch Estates Municipal Services Benefit Units, and authorize the Chairman to sign the agreements. r 7. CENTRAL SERVICES .i Move Position _ Consider staff recommendation to approve moving a vacant custodian position and money budgeted from the Library to Central Services, and to approve changing this position from Custodian (pay grade 6) to Maintenance Worker ill, Job Code 818, Pay Grade 11. 8. PUBLIC SAFETY A. Sublease Agreement _ Consider staff recommendation to approve the lease agreement ,,,ith American Tower and St. Lucie County for the 800MHz Radio System and authorize the Chairman to sign the agreement. B. Disaster Relief Funding Agreement / Resolution No. 00-39 - Consider staff recommendation to approve execution of the Disaster Relief Funding 1999 'Vildfires Agreement with the State of Florida, Department of Community Affairs for the assistance of disaster relief funding, approve the resolution, and authorize the Chairman to sign the agreement and resolution. '-" ...", CONSENT AGENDA JANUARY 25, 2000 PAGE THREE 9. COMMUNITY DEVELOPl\'lENT A. Acceptance of Grant Award - Consider staff recommendation to accept the $57,000 grant award from the Florida Fish and Wildlife Conservation Commission (FFWCC), authorize the Chairman to sign the grant contracts between St. Lucie County and FFWCC and between St. Lucie County and the Treasure Coast Regional Planning Council (TCRPC) and approve the budget resolution to be prepared once the contract is signed. B. Grant Submittal _ Consider staff recommendation to authorize the County Administrator to sign the resubmittal of the Transportation and Community System Preservation Pilot Program (TCSP) grant proposal to the Federal Highway Administration for the year 2000 program cycle. 10. AIRPORT A. Budget Resolution No. 00-041- Consider staff recommendation to approve the budget resolution to accept the unanticipated revenue of $2,906.25 for the installation of a water meter at the Able Aviation building at St. Lucie County International Airport. B. Lease Agreement Amendment - Consider staff recommendation to approve the revision to Amendment No.1 to the Lease Agreement dated March 15, 1995 between St. Lucie County and Treasure Coast Fasteners and authorize the Chairman to sign the amendment. This revision to Amendment No.1 changes the beginning rent due date from February 15,2000 to March 15, 2000. 51 t¿~~. Award of Bid - Consider staff recommendation to accept the bid from Eric Jones, ~l} owner of Auto Care Center, to lease two parcels in the Ridgehaven Subdivision (one \!)D . v ~ ~J Y at 3175 North US Highway 1, and the other at 3163 North US Highway 1) from St. '\ ., \.)~ 'Y. ,Lucie County International Airport for five years with a five year option for $225 per X. Æ W~ Á ~\j) month, and allow Eric Jones to relocate trees from the Ridgehaven Subdivision to the , y ~i'Y ~ leased property only and authorize the Chairman to sign the lease. 11. ~ HUMAN RESOURCESIRISK MANAGEMENT New Positions _ Consider staff recommendation to approve the resolution to establish two new positions ,vithin HR/RJ.~ funded by TRlCO's contribution from reduction in debit reduction allocation. /41 (Uf'J~£ J jkrRJ /Jilt I fit) App~ '-' ...",; BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 18, 2000 Tape: 1 Convened: 7:00 p.m. Adjourned: 8: 10 p.m. Commissioners Present: Chairman, John D. Bruhn, Frannie Hutchinson, Paula A. Lewis, Cliff Barnes, Doug Coward Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator; Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director; Paul Phillips, Airport Director, Ray Wazny, Public Works Director, Bill Blazak, Utilities Director, Dennis Wetzel, Information Technòlogies Director, Hank DuFour, Human Resources Director, JoAnne Holman, Clerk of Court, Paul Hiott, Veteran's Director; Mike Durette, Central Services Manager, David Kelly, Planning Manager, Deputy Nickel, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-029) It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held January 11, 2000; and, upon roll call, motion carried unanimously. 2. PROCLAMATION (1-033) Resolution No. 00-33- Proclaiming the week of January 16,2000 through January 22, 2000 as "Fort Pierce Lodge No. 87 Fee and Accepted Masons of Florida Week" in St. Lucie County, Florida. It was moved by Com. Barnes, seconded by Com. Lewis, to approve Resolution No. 00-33; and, upon roll call, motion carried unanimously. Mr. Mark George and David Evans Brown were present to accept the proclamation, 3. GENERAL PUBLIC COMMENTS (1-134) Mr, Robert Beach, White City resident, addressed the Board regarding an old historic house the owner is willing to donate to any non-for profit organization. The organization willing to accept this historic structure will need to have the house moved from it's present location, The County Administrator advised the Board that they are in the process of obtaining any information available on this structure to see what can be done to move and preserve it. Ms. Brenda McClusky, Palm Beach resident and property owner in St. Lucie County, addressed the Board regarding a gate which has been placed in Pony Pines which land locks her property. -1- '-" ...., Ms. McClusky is requesting the gate be removed since it poses a hazard to the residents in the area due to the fact that fire and ambulance assistance vehicles cannot get to the residents through that gate. Com, Barnes requested staff review the situation and the County Attorney review the permitting of the gate and have the item placed on next week's BCC agenda, Mr, George Baker, City of Port St. Lucie resident, addressed the Board regarding an article in the newspaper regarding SLC Sheriff's helicopter being utilized for emergencies in Martin County. Ms. Jean Hearn, representing the SLC Waterfront Council, asked for clarification as to what type of projects the county is considering applying for grants i.e. dredging etc., she felt the Council was not sure how the grant funds were going to be utilized. Mr, Paul Scholl, Port St. Lucie resident, addressed the Board in favor of raising the impact fees. 4, CONSENT AGENDA It was moved by Com. Barnes, seconded by Com. Coward, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 16, 2. COMMUNITY DEVELOPMENT A. Request for Exemption/SURF'N SAND PROPERTIES, - The Board approved the request of Mitchell B. Malvan for an exemption trom Section 11.02.09 (A)(5), S1. Lucie County Land Development Code which requires the preparation of an Environmental . Impact Report, B, Road Impact Fee Credit Agreement No. 00-01- /Jennings Road- The Board approved the agreement with Golf Aqua Range of Port St. Lucie Inc., for the dedication of certain road right of way associated with the ultimate widening of Jennings Road. The value of this credit is $3,960. 3, MANAGEMENT AND BUDGET A. Budget Resolution No. 00-35- The Board approved the resolution correcting a scrivener's error in Budget Resolution No, 99-277 for the One-Stop Permitting Grant. B. Budget Amendment No, 00-110- The Board approved the budget amendment to return the unused portion of Contingency funds approved for the acquisitions of Platt's Creek Mitigation Area in the amount of$II,599. 4. ADMINISTRATION A. Write off of Supervisor of Elections Information Technology Department FY99 Account Receivable- The Board approved the write off of the $75,333 account receivable from the Supervisor of Elections. B. Write off of Property Appraiser's Information Technology Department FY 99 Account Receivable- The Board approved the write off of the $20,802 account receivable trom the Property Appraiser. -2- '-' '..,/ 5, COUNTY ATTORNEY A. Utility Easement/County Health Department, Milner Drive Site- The Board approved the Florida Power and Light Co, easement for the installation of underground utilities and meter hook up and authorized the Chairman to execute the document and directed staff to record the document in the Public Records of St. Lucie County, Florida. B. Interlocal Agreement/Urban Mobile Irrigation Lab- The Board approved the proposed interlocal agreement with the St. Lucie County Soil and Water Conservation District, and authorized the Chairman to sign the agreement. C, Maintenance Agreement- The Board approved the First Addendum to the Graphic Computer Solutions Maintenance Agreement and authorized the Chairman to sign the addendum. D, Interlocal Agreement/Floridan Aquifer Monitoring Well Network (Citrus Grove Wells) _ The Board approved the proposed interlocal agreement with the St. Lucie County Soil and Water Conservation District, and authorized the Chairman to sign the agreement. 6. CENTRAL SERVICES Change Order No. 1- The Board approved the contract Change Order No.1 to American Tile and Carpet Inc., in the amount of $40,262 to tile the second and third floors of the St. Lucie County Courthouse, REGULAR AGENDA 5. COMMUNITY DEVELOPMENT(1-1128) A. Resolution No. 00-004- ST. FRANCIS OF ASSISI CATHOLIC FOUNDATION- For consideration before the Board was staff recommendation to approve the resolution granting a Conditional Use Permit to allow a non profit bingo establishment in the CG Zoning District. Com, Coward requested the following language be substituted in place of the words II adequate parking is provided II. The new language is to read as follows: lithe project will not have an undue adverse effect on traffic conditions and parkingll. The petitioner agreed to the change in language. It was moved by Com. Coward, seconded by Com. Barnes to approve staff recommendation, to include the change in language as recommended by Com. Coward; and, upon roll call, motion carried unanimously, B. Resolution No. 00-003- APOSTLE F AlTH CHURCH OF DELlVERANCE- For consideration before the Board was staff recommendation to approve the resolution granting a change in zoning from RS-4 Zoning District to I Zoning District. The Chairman presented a letter from Sylvia Bennett Harris stating her opposition to the change in zoning for the record. It was moved by Com. Lewis, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carried unanimously. -3- '-' ....., 6. ADMINISTRATION (1-1440) Courtroom Expansion- Consider staff's request for authorization to: 1. Convert 7th Street to a Juvenile Court Facility 2. Renovate office space at 7th St. for the Clerk of Courts Juvenile Division 3, Renovate office space at 7th St. for Guardian Ad Litem (funding from FEMA) 4. Renovate office space at St. Lucie West for Clerk of Court Small Claims Div. and Traffic Division 5, Renovate office space at St. Lucie West to consolidate Veterans Services 6, Construct and furnish a County Commissioner's office at St Lucie West (it was the consensus of the Board that this office be constructed more as a conference room in order to be utilized by other staff members 7. Relocate Healthy Kids/Healthy Start to the old Public Defenders Building 8, Go out to bid for security equipment for St. Lucie West and 7th St. 9. Purchase storage shelving for 7th St. in the amount of $94,942.40 under State Contract from Blackstocks Equipment Sales 10, Purchase courtroom furniture for 7th St. in the amount of$3,953.66 from OPS 11. Purchase courtroom benches for 7th St. in the amount of $7, 100.00 from Gaylan Reddick Co. 12. Go out to bid for a video channel for 7th St. 13. Establish a capital budget line item in the estimated amount of$651,906.00 for future renovation of the old courthouse in Ft. Pierce(Note: final amount will be determined after bids are received for the security equipment) 14, Make the necessary budget adjustments to the Central Services Capital Budget to accomplish the above. Mr. Ron Knepshield, Chairman of the SLC Veterans Advisory Council addressed the Board in support of the relocation of the Veterans Services. . Mr, Charles Grande, Hutchinson Island questioned item 6- the constructing of a Commissioner's office at St. Lucie West. It was the consensus of the Board to have a conference table in the room so that it may serve as a conference area for other staff members . It was moved by Com. Coward, seconded by Com. Barnes, to approve staff requests; and, upon roll call, motion carried unanimous~y. Com, Hutchinson requested staff start working on a Master Plan for future expansion and/or court needs . 7. COMMUNITY DEVELOPMENT (1-2393) Resolution No. 00-002/PIPPIN TRACTOR Consider staff recommendation to approve the resolution granting Major Site Plan approval for the project to be known as Pippin Tract~r Sales and Service Facility, Mr, Pat Ferland, CAPTEC Engineering, was present to address any questions the Board may have, -4- '-' ..., It was moved by Com. Coward, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board the meeting was adjourned at 8: lOp.m, Chairman Clerk of Circuit Court -5- · - '" ...... '-' ...., MOSQUITO CONTROL BOARD ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 11, 2000 Tape: 1 Convened: 9:50 a,m, Adjourned: 9:52 a.m, Co~issioner~ Present: Chairman, Cliff Barnes; Doug Coward John D Bruh P 1 A L . Franme Hutchmson ' , n, au a . eWls, Othe~s. Present: Doug Anderson, County Administrator; Robert Bradshaw, Asst. Count Admmlstrator; Dan~cIntyre, County Attorney, Jim David, Mosquito Control Directo/ Julia Shewchuk, Commu~Ity Development Director; Bill Blazak, Utilities Director; Harvey Lincoln M & B Manager, Mike Durette, Interim Central Services Manager, Deputy Nickel; A. Millie ' Delgado, Deputy Clerk 1. MINUTES (1-1452) It was moved by Com. Bruhn, 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 None 3. CONSENT AGENDA (1-1455) It was moved by Com, Bruhn, seconded by Com. Coward, to approve the Consent Agenda; and, upon roll call, motion carried unanimously, 1. Warrant List The District approved Warrant List No. 12,13, 14,and 15. 2. Purchasing Bid Waiver and Sole Source Declaration- The District approved the request for a bid waiver and sole source declaration for the purchase of Monitor 3's from Adapco, Inc. 3. Mosquito Control Emergency Repairs to Impoundments/Hurricane Floyd- The District approved Amendment No.1 to the contract with Richmond Electric, Inc., reducing the amount to $4,346 and authorized the Chairman to execute the amended agreement. -1- -. -. ,-,. -..I There being no further business to be brought before the District, the meeting was adjourned at 9:52 a.m, Chairman Clerk of Circuit Court -2- , '-' JANUARY 25, 2000 9:00 AM ....,/ BOARD ÖF 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 HEARlNGS- 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. ~ '-' ...,¡ 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 ßOARD OF COUNTY COMMISSIONERS -. AGENDA January 25, 2000 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held January 18,2000. 2. PROCLAMATIONIPRESENTATION A. Historical Museum / Budget Resolution No. 00-36 - Iva Jean Maddox will be here to give a presentation on the Historical Museum and to accept the Consultant Grant from the National Endowment for the Humanities - Consider staff recommendation to accept the grant award and approve the budget resolution. B~ Employee of the Quarter - The Chairman of the Board will present a certificate to Gary Perdew, Management and Budget, as the Employee ofthe Quarter for October- December, 1999. C. Suggestion of the Quarter - The Chairman of the Board will present a certificate to Paul Hiott, Veterans Services, for the best suggestion submitted in the fourth quarter of 1999. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS 5. COUNTY ATTORNEY Ordinance No. 99-23 / Funding for Crime Prevention Programs and Safe Neighborhood Programs - Consider staff recommendation to adopt Ordinance No. 99-23. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boaril at these meetings will ~eed. a record of the proceedmgs and for such purpose may !1eeil to ensure that a verbatim record of the proceedmgs IS made. Upon the request of any p'arty t<? the proceedmgs, individuals testifying during a heari!1g will be ~w?rn in.. Any paryy to the proceedings will ~e gra1!ted. t'þe opportunity to cross-examine any indlvl~ual tes.tlfymg durmg a hearmg upon r~quest. Anyone with. a dlsabl.hty requiring accommodation to attend this meetmg should contact the St. Lucie County Commumty Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior fo the meeting. , '-' ...., REGULAR AGENDA JANUARY 25, 2000 PAGE TWO 6. COUNTY ATTORNEY Resolution No. 00-38 - Consider staffrecommendation to approve the resolution authorizing the acquisition and construction for the South County Regional Stadium and related capital improvements within the County. " '-' ....., CONSENT AGENDA Januarv 25. 2000 j} WARRANTS LIST Approve warrants list No. 17 2. MANAGEMENT AND BUDGET A. Budget Resolution No. 00-31 and New Position Request No PSOO-033 - Consider staff recommendation to approve the budget resolution to appropriate and expend funds from the FDEP Urban Mobile Irrigation Lab award and approve the new position for an employee funded from the grant. B. Budget Resolution No. 00-30 and New Position Request No PSOO-031- Consider staff recommendation to approve the budget resolution to appropriate and expend funds from the SFWMD Floridan Acquifer Well Monitoring award and approve the new position for an employee funded from the grant. 3. LEISURE SERVICES A. Agreement Amendment / New Year's Eve Celebration at the Civic Center - Consider staff recommendation to approve the amendment to the lease agreement with St. Lucie Battery and Tire and the Country Store Restaurant for the New Year's Eve Dinner- Dance at the Civic Center. B. Cultural Affairs Council Ceremony - Consider the request of the Cultural Affairs Council to serve wine and cheese at the Fort Pierce Community Center on January 27, 2000, during their annual meeting and ribbon cutting ceremony. 4. PURCHASING A. Permission to Advertise Request for Proposals - Consider staff recommendation to advertise the Request for Proposals for a Butterfly House and/or Wildlife Rehab Hospital at the Savannas Recreation Area. B. Award of Bid No. 00-008 - Consider staff recommendation to award the bid for the 84" R.C.P. Culvert Replacement for Sunrise Boulevard at Platt's Branch to Johnson-Davis in the amount of $134,890, approve the project budget as indicated and authorize the Chairman to sign the contract as prepared by the County Attorney. C. Permission to Advertise - Consider staff recommendation to approve the request to advertise a bid to provide and haul Coquina rock. D. Hurricane Irene & Floyd Emergency Purchase Orders - Consider staff recommendation to approve the emergency purchase orders issued. '-' '..,/ CONSENT AGENDA JANUARY 25, 2000 PAGE TWO 5. COUNTY ATTORNEY' A. Resolution No. 00-37 - Consider staff recommendation to approve the resolution commending Robert Rise of Troop 405 for achieving the rank of Eagle Scout. B. Resolution No. 00-40 / Drainage Easement of Roger D. Price - Consider staff recommendation to execute the resolution, accept the drainage easement and instruct staffto record the resolution and easement in the Public Records of St. Lucie County, Florida. C. 1999-2000 Florida Emergency Medical Services Grant / Fourth Extension oflnterlocal Agreement _ Consider staff recommendation to approve the Fourth Extension of the Interlocal Agreement with the St. Lucie County Fire District and authorize the Chairman to sign the extension. D. South County Regional Stadium / Amendment to Agreement with Edlund Dritenbas Architects, P.A. _ Consider staff recommendation to approve the amended agreement and authorize the Chairman to sign the agreement. 6. PUBLIC WORKS Interlocal Agreements - Consider staff recommendation to approve the interlocal agreements with the Property Appraiser and Tax Collector for the Raintree Forest, North AIA, Westglen and River Branch Estates Municipal Services Benefit Units, and authorize the Chairman to sign the agreements. ,'"...., 7.\ CENTRAL SERVICES Move Position _ Consider staff recommendation to approve moving a vacant custodian position and money budgeted from the Library to Central Services, and to approve changing this position from Custodian (pay grade 6) to Maintenance Worker III, Job Code 818, Pay Grade 11. 8. PUBLIC SAFETY A. Sublease Agreement - Consider staff recommendation to approve the lease agreement with American Tower and St. Lucie County for the 800MHz Radio System and authorize the Chairman to sign the agreement. B. Disaster Relief Funding Agreement I Resolution No. 00-39 - Consider staff recommendation to approve execution of the Disaster Relief Funding 1999 Wildfires Agreement with the State of Florida, Department of Community Affairs for the assistance of disaster relief funding, approve the resolution, and authorize the Chairman to sign the agreement and resolution. '--' -- CONSENT AGENDA JANUARY 25, 2000 PAGE THREE 9. COMMUNITY DEVELOPMENT A. Acceptance of Grant Award - Consider staff recommendation to accept the $57,000 grant award from the Florida Fish and Wildlife Conservation Commission (FFWCC), authorize the Chairman to sign the grant contracts between St. Lucie County and FFWCC and between St. Lucie County and the Treasure Coast Regional Planning Council (TCRPC) and approve the budget resolution to be prepared once the contract is signed. B. Grant Submittal - Consider staff recommendation to authorize the County Administrator to sign the resubmittal ofthe Transportation and Community System Preservation Pilot Program (TCSP) grant proposal to the Federal Highway Administration for the year 2000 program cycle. 10. AIRPORT A. Budget Resolution No. 00-041- Consider staff recommendation to approve the budget resolution to accept the unanticipated revenue of $2,906.25 for the installation of a water meter at the Able Aviation building at St. Lucie County International Airport. B. Lease Agreement Amendment - Consider staff recommendation to approve the revision to Amendment No.1 to the Lease Agreement dated March 15, 1995 between St. Lucie County and Treasure Coast Fasteners and authorize the Chairman to sign the amendment. This revision to Amendment No.1 changes the beginning rent due date from February 15, 2000 to March 15, 2000. C. Award of Bid - Consider staff recommendation to accept the bid from Eric Jones, owner of Auto Care Center, to lease two parcels in the Ridgehaven Subdivision (one at 3175 North US Highway 1, and the other at 3163 North US Highway 1) from St. Lucie County International Airport for five years with a five year option for $225 per month, and allow Eric Jones to relocate trees from the Ridgehaven Subdivision to the leased property only and authorize the Chairman to sign the lease. 11. HUMAN RESOURCESIRISK MANAGEMENT ~~\. New Positions _ Consider staff recommendation to approve the resolution to establish two new positions within HR/RM funded by TRlCO's contribution from reduction in debit reduction allocation. ~ v '-' ..."" I- AGENDA REOUEST ITEM NO. ?:Pr DATE: 1/25/00 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Leisure Services/Museum Iva Jean Maddox SUBJECT: Acceptance of the Consultant grant and Budget Resolution #00-36 recognizing this award from the National Endowment for the Humanities. BACKGROUND: The St Lucie County Historical Museum applied for and was awarded $10,000.00 to examine the social and cultural impact of Florida's changing fishing and boating heritage. Local match consist of $3,000.00 in Museum Superintendent's salary and $2,000.00 of Mr. Dawson's volunteer time. No additional County funds are required. RECOMMENDATION: Staff recommends that the Board of County Commissioners accept the grant award and approve Budget Resolution #00-36. [X] APPROVED [ ] OTHER: DENIED s M. Anderson y Administrator COMMISSION ACTION: Review and APProvals County Attorney: ~ ~ Management & Budget Originating De~ ~~ ~ Other: Finance: (Check fot Copy only, if applicable)___ Eff. 5/96 Purchasing: Other: 01/13/00 12:2~ FAX 561462211; SLC O)lB ~03 '-' 'wJ1 RESOLUTION NO. 00-36 WHEREAS, subsequent te the adoption of the St. Lucie County Board of County Commissioner.. b\.dget tor 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 Boatd of County Commissioners from the National Endowment For The Humanities for the Florida's Fishing and 8Q"ting Heritage Grant in the amount of $10.000. WHEREAS, Sectioo 129,06 (d), Florida Statutes, requires the Board of County ComlTl¡ssione~ to adopt a resolution to appropriate and expend such funds. NOW. THEREFORE, BE IT RESOLVED by the Board of County Commissioners of st. Lucie County, Florida, in meeting assembled this 25'" day of January, 2000, pursuant to Sec1ion 129,06 {d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-00. and the Count)"s budget is h£reb~ ame:'\ded as follows: REVENUES 001 127-7910-331740-700 National Endowment For Humanities 510,000 APPROPRIATIONS 001127·7910-531000- 700 001127-7910-540000-700 001127-7910-552000- 700 001127-7910-547000-700 001127·7g1 Q-541300-100 001127-7910-543000-700 001127-7910-551000-700 Professional Services Travel Operating Supplies Printing & Binding Postage Utilities Office Supplies $3,500 $3.275 $800 $1. 500 ~oa $350 $175 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn Commissioner Frannie Hytchinson Commissioner Pauta A. Lewis Commissioner en" Barnes Commissioner Doug Coward xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 25TH DAY OF JANUARY, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY. FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNïY ATTORNEY DATE: GRANTS ACCOUNTING REQUEST FORM 01107/00 '-" ""'" DEPARTMENT: Leisure Services - Museum NAME OF GRANT PROJECT: Reflections of Florida's Fishing and Boating Heritage 01/01/00 (VENDOR NUMBER): (VENDOR NUMBER): (ENDING DATE): 12/31/00 GRANTING AGENCY (NAME): GRANT MANAGER (NAME): GRANT PERIOD (START DATE): BOCC APPROVAL (APPLICATION): BUDGET RESOLUTION #: National Endowment For The Humanities Iva Maddox 561-462-1796, Fax: 1877 00-36 (ACCEPTANCE): GRANT/CONTRACT ID: GM2607900 REVENUE ACCOUNT: 001127·7910-331740-700 PREDECESSOR FUND: 001 GRT OTHER GRANT #'s ON THIS PROJECT: INPUT TO GRANT. LOGIN NAMES: Iva Maddox (MADDOXI), Allan King (KINGA) INQUIRY TO GRANT. LOGIN NAMES: Iva Maddox (MADDOX I), Allan King (KINGA) GRANT PROJECT BUDGET: GRANTING AGENCY (AMOUNT) $10,000.00 (PERCENTAGE) -~ COUNTY CASH (COST SHARE) (PERCENTAGE) COUNTY CASH (IN THE GRANT) (PERCENTAGE) IN-KIND AND OTHER MATCHES $5,000,00 (PERCENTAGE) TOTAL PROJECT (AMOUNT) $15,000,00 (PERCENTAGE) IS THE GRANT BASED ON A COST SHARE METHOD OR DOLLAR AMOUNT ALLOCATIO dollar, ADDITIONAL INFORMATION: Local match consists of $3,000 contribution of Ms. Maddox salary and $2,000 of Mr, Dennis Dowson's Contacts: Sarah Ridle ,Robert L. Anderson 202-606-8494, - , ' ~ .....- r ,-- ..... -" --- - -- .. 0 - I '. ..., - 1;.:¿ _.. -- ~~ -i ,- N -'. u.,I volunteer time, Reports: Performance _ interim and final; financial - 4/30/00,7/31/00, 10/31/00, 3/31/01. FINANCE DEPT: APPROVAL MGMT & BUDGET: GRANT MANAGER: DEPARTMENT MANAGER FµND #: :tj, _, ~~ ~ . ,:? .,,:; ; ':?" ! ;;- : Ä .':; . ';~~~~i"-:~ " ~~ :;.. . .3J':::~-'. f':~¡{¡Ç~.;",. ,>!4h -,' ',~ ~~~~~ G:\BUDGE1\QUA TTRO\GRANTS\GrantForms. wb2_ 01/10/00 --r ~ .. " '-' AGENDA REQUEST TO: Board of County Commissioners SUBMITTED BY(DEPT): -...I ITEM NO.~_ DATE: January 25, 2000 REGULAR [ ] PUBLIC HEARING [X] CONSENT [ ] PRESENTED BY: Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Ordinance No. 99-23 - Funding for Crime Prevention Programs and Safe Neighborhood Programs BACKGROUND: See attached memorandum FUNDS AVAILABLE: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 99-23 as drafted.. COMMISSION ACTION: [ ] APPROVED [] DENIED [~ OTHER: continued to February 22, 2000 at 9a.m. to do more research on breakdown of funds. County Attorney: \y/ Review and Approvals Management & Budget: CONCU CE: Purchasing: Originating Dept. Sheriff: Finance: Other: .1 --- ~ ST. LUCIE co. ATTOR~[Y Fax:~-'-462-1440 '-' Jan 10 'JU l~'J~ j.... Vt. 'wi ~GF.NDA REQJJESI ITEM NO. DATE~ January 25,2000 REGULAR { ] PUBLIC HEARING (Xl CONSENT [ ] TO: Board of County Commissioners PRESENTED BY. SUBMITIED BY(DEPT): Katherine Mackenzie- Smith Assi~tant County Attorney s.1.m.lECL Ordin811te No. 99-23 - Funding for Crime pJ'tvention Programs and Safe NeighborhQod Progra¡øs BACKGROUND: See atmched memonndum fJINDS A V AlLABL~ ~ECOM.MENDA TIO~ Staff recommends that the Board adopt Ordinance No, 99-23 as drafted.. C9Mr.ßSSiON ACIlON~ CONCUBBJ::NCE: [ ] APPROVED [) DENIED l ) OTHER: Douglas Anderson County Administrator COunty ABØrIWY y BlYIIM and Aporo"abI Mal\eael"lent & Budgèt. ~ .-- þ{" \ P\m:n,sing: _--- OIher: -'--- Orlglnati"9 0epI _-- l'ïns:1C1e' -- _. - ,--'- - .- .._. - .- ---- --- - - -~- -- _. -- -- ----- ---.----- ;;00[2: '~IJIla" / :ldnl3HS ;)15' Hj~\i 6~1 T9Ç; 1Y1 n·.:.f \01\ (luOT II' p ? .' '-' ..,., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA COUNTY ATTORNEYS OFFICE TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 00-10 DATE: January 3, 2000 SUBJECT: Ordinance No. 99-23 - Funding for Crime Prevention Programs and Safe Neighborhood Programs BACKGROUND: Attached is a copy of Ordinance No. 99-23 which was drafted at the request of Undersheriff Dennis Williams. The Ordinance, if adopted, would allow the Courts to assess fines in criminal cases to be used for crime prevention programs and safe neighborhood programs. Pennission to advertise was granted on October 12, 1999. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 99-23 as drafted. Respectfully submitted, / (A"~ Katherine Mackenzie-Smith Assistant County Attorney KMS/mt Attachment · -¡i' ..~ J '-" ..., ORDINANCE NO. 99-23 AN ORDINANCE AMENDING CHAPTER 1-7 "COURTS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY TO PROVIDE FUNDING FOR CRIME PREVENTION PROGRAMS AND SAFE NEIGHBORHOOD PROGRAMS THROUGH CRIME PREVENTION FINES; PROVIDING FOR ADDITIONAL FINES TO BE ASSESSED AGAINST ANY PERSON WHO PLEADS GUILTY OR NOLO CONTENDERE TO, OR IS CONVICTED OF OR ADJUDICATED DELINQUENT FOR A FELONY, A MISDEMEANOR, OR A CRIMINAL TRAFFIC OFFENSE, UNDER STATE LAW, OR A VIOLATION OF ANY MUNICIPAL OR COUNTY ORDINANCE IF THE VIOLATION CONSTITUTES A MISDEMEANOR UNDER STATE LAW; PROVIDING FOR THE ADMINISTRATION BY THE CLERK OF THE CIRCUIT COURT; PROVIDING FOR DISBURSEMENT OF FUNDS FOR CRIME PREVENTION PROGRAMS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, is authorized by Section 775.083, Florida Statutes (Fines), to adopt an additional court cost of fifty dollars ($50.00) for a felony and twenty dollars ($20.00) for any other offense to be used by the County in consultation with the Sheriff for the operation of crime prevention programs including safe neighborhood programs under Section 163.501-163.523 Florida Statutes, with said court costs to be assessed in specific cases; and, WHEREAS, the Clerk of the St. Lucie County Court is authorized to collect and deposit the assessments collected pursuant to Section 775.083, Florida Statutes, in appropriate, designated accounts for disbursement to the County, in consultation with the Sheriff, for the costs of collecting the fines and for crime prevention programs including safe neighborhood programs. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. ARTICLE 1 OF CHAPTER 1-7 "COURTS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY IS HEREBY AMENDED AS FOLLOWS: SECTION 1-7-13 Assessment of court costs to be used for crime Drevention DrOQrams A. The court mav assess court costs of fiftv dollars ($50.00) for a felony and twenty dollars ($20.00) for any other offense per case, in addition to any other authorized cost or fine, on every person who. with respect to a charqe. indictment or prosecution commenced in the county, pleads quilty. nolo contendre to, or is convicted of. or adiudicated delinquent for, a felony. a misdemeanor, or a criminal traffic offense under state law. or a violation of any municipal or county ordinance. if the violation constitutes a misdemeanor under state law and if the court finds that the defendant has the ability to pay the fine and that the defendant would not be prevented thereby from being rehabilitated or makinq restitution. ~. '" . . '-" 'WI B. The clerk of the court shall collect and deposit the fines in an apcrocriate county account for distribution for the purposes provided in this section. The clerk shall release funds to the County. in consultation with the Sheriff. for crime prevention croarams in the county, including safe neiahborhood programs under sections 163.501-163.523 Florida Statute. PART B. SEVERABILITY. If any word, phrase, clause or portion of this ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a separate and independent provision and such holding shall not affect the validity of the remaining portions thereof. PART C. EFFECTIVE DATE. This ordinance shall become effective , 2000, or upon receipt of official acknowledgment from the Secretary of State that said ordinance has been filed, whichever is later. PART D. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman John D. Bruhn XX Vice Chairman Frannie Hutchinson XX Commissioner Cliff Barnes XX Commissioner Doug Coward XX Commissioner Paula A. Lewis XX PASSED AND DULY ADOPTED this 25th day of January, 2000. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY: BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 9 :\atty\ordnance\1999\99-23. wpd . . - ~GENDA REOUEST ITE~O. It; DATE: January 25, 2000 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman Bond Counsel SUBJECT: Resolution No. 00-38 - Approve a Bank Loan/Line of Credit to finance a portion of the acquisitio"/construction of the South County Regional Stadium BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 00-38 as drafted. COMMISSION ACTION: CE: [X] APPROVED [ ] DENIED [ ] OTHER: County Attorney: ~ Review and ADDrovals Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 .~\ ~ --- ~.\.c. 1 '-' ~,~fj¿~ L.L.P. ...,.¡ MEMORANDUM To: Board of County Commissioners of St. Lucie County, Florida 1./'\;:'""\ Robert O. Freeman ~~~.ø, January 20, 2000 . '~ From: Date: Re: South County Regional Stadium Financing The attached resolution provides for approval of a bank loan/line of credit ("loan") from SunTrust Banle The loan, in an amount not to exceed $410,000, would finance a portion of the acquisition and construction of a sports facility commonly known as the South County Regional Stadium on a ten-acre site on N.W, University Boulevard in the City of Port St. Lucie. The documentation for this loan consists of a Loan Agreement between the County and SunTrust Bank, similar in form to documentation the Board approved for the loans for the computer equipment and combined MSBU financing, which closed in September 1999, Security for the stadium loan would be a covenant of the County to budget and appropriate from legally available non-ad valorem funds of the County, Neither the faith and credit nor taxing power of the County would be pledged, Closing of the loan is scheduled to occur on January 31, 2000. I plan to be present at the Board meeting on January 25 to answer any questions members of the Board may have about the proposed financing, the resolution, or the loan agreement attached thereto. Robert O. Freeman cc: Daniel S. McIntyre, County Attorney Douglas M. Anderson, County Administrator Harvey M. Lincoln, Budget and Finance Manager Christann K. Hartley, Finance Director Squire, Sanders & Dempsey L.L.P, 4612V 1/28902·00082/M-ßOARD STADIUM January 20, 2000 ì ' - ~ '-' "wi RESOLUTION NO. 00-38 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF THE SOUTH COUNTY REGIONAL STADIUM AND RELATED CAPITAL IMPROVEMENTS WITHIN THE COUNTY; PROVIDING FOR THE BORROWING OF NOT EXCEEDING $410,000 ON A TERM BASIS FROM SUNTRUST BANK, WEST PALM BEACH, FLORIDA, TO PAY A PORTION OF THE COSTS ASSOCIATED WITH SUCH IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF AN IMPROVEMENT REVENUE NOTE, SERIES 2000A (SOUTH COUNTY REGIONAL STADIUM) TO EVIDENCE THE COUNTY'S OBLIGATION TO REP A Y SUCH AMOUNT; PROVIDING FOR THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT IN CONNECTION THEREWITH; PROVIDING FOR PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTE FROM LEGALLY AVAILABLE NON-AD VALOREM REVENUES ANNUALL Y BUDGETED AND APPROPRIATED FOR SUCH PURPOSE AND MAKING CERTAIN COVENANTS IN CONNECTION THEREWITH; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE NOTE; 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, Part I, Florida Statutes, Ordinance No. 87-77 ofSt. Lucie County, Florida (the "County"), and other applicable provisions oflaw (collectively, the "Act"). SECTION 2. DEFINITIONS. Capitalized terms used in this resolution shall have the following meanings unless the context clearly requires otherwise. Words importing singular numbers shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Loan Agreement. "Bank" means SunTrust Bank, a bank organized under the laws of the State of Georgia, acting by and through its office in West Palm Beach, Florida. "Board" means the Board of County Commissioners of the County, as the governing body of the County. "Bond Counsel" means Squire, Sanders & Dempsey L.L.P. "Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice- Chairman. ~.. , '-' ~ "Clerk" means the Clerk of the Circuit Court, ex officio Clerk of the Board, or in the Clerk's absence, any Deputy Clerk. "Commitment" means the Commitment for the making of the Loan submitted to the County by the Bank and attached to the Loan Agreement as Exhibit B. "County" means St. Lucie COlUlty, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County or his designee. "County Attorney" means the County Attorney of the County or, in his absence, any Assistant County Attorney. "Covenant" means the covenant to budget and appropriate moneys to pay the Note contained in Section 10 of the Agreement. "Financial Advisor" means William R. Hough & Co., Orlando, Florida. "Loan" means the advance of moneys from the Bank to the County pursuant to the Loan Agreement. "Loan Agreement" means the agreement between the Bank and the County setting forth the tenns and details of the Loan, in substantially the fonn attached hereto as Attachment I with such modifications or changes thereto as may be necessary or desirable, in the opinion of the County Administrator, upon the advice and recommendation of the Financial Advisor, the County Attorney, and Bond Counsel, to confonn the tenns thereof to the tenns of the Commitment or to secure for the County any additional rights or privileges not inconsistent with the tenns of the Commitment, such approval to be presumed by the execution and delivery thereof by the County to the Bank. "Note" means the Improvement Revenue Note, Series 2000A (South County Regional Stadium), of the County, in substantially the fonn attached to the Loan Agreement as Exhibit A with such modifications or changes thereto as may be necessary or desirable, in the opinion of the County Administrator, upon the advice and recommendation of the Financial Advisor, the County Attorney, and Bond Counsel, to confonn to tenns thereof to the tenns of the Commitment or to secure for the County any additional rights or privileges not inconsistent with the tenns of the Commitment, such approval to be presumed by the execution and delivery thereof by the County to the Bank. "Project" means the acquisition and construction of a sports facility commonly known as the South County Regional Stadium on a ten-acre site on N.W. University Boulevard in the City of Port St. Lucie in accordance with the plans and specifications prepared by Edlund & Dritenbas, Architects, on file with the County's Leisure Services Department. 2 4572vl/28902-00082/R-AUTH -NOTE SOUTH STADIUM ~ " '-' ..,,¡ "Project Costs" means all or a portion of the cost of undertaking the Project including, but not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses relating solely to the Project; reimbursement to the County for any sums heretofore expended for the foregoing purposes (to the extent that such reimbursement is permitted under the Code); payment of interest on the Loan prior to its maturity; and such other costs and expenses as may be necessary or incidental to the financing or refmancing of the Project. "Resolution" means, collectively, this resolution and all resolutions amendatory hereof and supplemental hereto. SECTION 3. FINDINGS. It is hereby found, declared, and determined by the Board: (A) It is necessary and desirable and in the best interests of the health, safety and welfare of the residents of the County that the County undertake the Project. The County is authorized pursuant to the provisions of the Act to undertake the Project. (B) The County is without adequate, currently available funds to pay the Project Costs and it is necessary and desirable and in the best interests of the County and its residents that the County borrow the moneys necessary to pay the Project Costs. The County is authorized pursuant to the provisions of the Act to borrow moneys to pay the Project Costs. (C) The County has solicited proposals from lending institutions to make the Loan, the results of which are tabulated and included in Attachment II. The Commitment, a copy of which is attached to the Loan Agreement as Exhibit B, is hereby determined, on the recommendation of the Financial Advisor, to be the lowest and best proposal ofthose submitted. (D) The County hereby accepts the Commitment of the Bank to provide the Loan; provided that the maximum principal amount which may be borrowed by the County pursuant to the Commitment shall be limited to Four Hundred Ten Thousand Dollars ($410,000). The County Administrator is hereby authorized to accept the Commitment on behalf of the County by executing and returning to the Bank a copy thereof. (E) It is necessary and desirable and in the best interests of the health, safety and welfare of the County and its residents to provide for the securing of the County's obligation to repay the Loan by making and entering into the Covenant. The County is authorized pursuant to the provisions of the Act to enter into the Covenant as a means of securing its obligation to repay the Loan. (F) The obligation of the County to repay the Loan in accordance with the terms set forth in the Note and the Loan Agreement and to make the other payments, if any, required under the Loan Agreement is hereby declared to be and shall be a special, limited obligation of the County, secured solely by the obligation of the County under the Covenant to budget and appropriate annually sufficient Non Ad Valorem Revenues to pay the principal of and interest on the Note and to make the other payments, if any, required under the terms of the Note and the 3 4572v 1/28902·00082/R-AUTH -NOTE SOUTH STADIUM ~ '-' 'wi " Loan Agreement. The obligation of the County to repay the Note in accordance with its terms and to make any other payments, if any, required under the Note or the Loan Agreement shall not be or constitute a general obligation or indebtedness of the County and neither the Note nor the Loan Agreement shall be or constitute a "bond" of the County within the meaning of Article VII, Section 12, Florida Constitution (1968). Neither the Bank nor any successor owner of the Note shall be entitled to compel the payment of the principal of or interest on the Note or the making of any payments required under the Note or the Loan Agreement from any moneys of the County other than Non Ad Valorem Revenues budgeted and appropriated by the Board as required by and in accordance with the Covenant. In particular, neither the Bank nor any successor owner of the Note shall be entitled to compel the levy of ad valorem taxes by the County to pay the principal of and interest on the Note or to make any payments required under the terms of the Loan Agreement. Furthermore, the obligation of the County to repay the Note in accordance with its terms and to make the payments, if any, required under the Loan Agreement shall not constitute a lien upon or pledge of an interest in the Project or any other property of the County, but shall constitute a lien only upon the Non Ad Valorem Revenues budgeted and appropriated by the Board as required by and in accordance with the Covenant. SECTION 4. AUTHORIZATION OF NOTE. Subject and pursuant to the provisions hereof and in accordance with the provisions of the Loan Agreement and the Commitment, the issuance by the County of its Improvement Revenue Note, Series 2000A (South County Regional Stadium), in a principal amount not to exceed Four Hundred Ten Thousand Dollars ($410,000) to be dated, to bear interest, to be payable, to mature, to be subject to redemption and to have such other characteristics as provided in the Loan Agreement and the Commitment, and to be secured solely by the Non Ad Valorem Revenues annually budgeted and appropriated by the Board pursuant to the Covenant, is hereby authorized. SECTION 5. APPROV AL OF FORM OF AND DELIVERY OF LOAN AGREEMENT AND NOTE. The Loan Agreement and the Note attached thereto, incorporated herein by this reference, are hereby approved, and the Chainnan and Clerk are hereby authorized to execute and deliver such documents and to take such other actions as shall be necessary to consummate the Loan. The delivery of the Note to the Bank is hereby authorized. The Chainnan, the Clerk, the County Administrator, the Management and Budget Administrator, the Finance Director, and the County Attorney are each designated agents of the County in connection with the execution and delivery of the Note and are authorized and empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf of the County which are necessary or desirable in connection with the execution and delivery of the Note to the Bank, including, but not limited to, modifications to the Loan Agreement and the Note to conform to or supplement the Commitment. SECTION 6. REPEAL OF INCONSISTENT PROVISIONS. All resolutions or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. 4 4572v 1/28902.00082/R-AUTH -NOTE SOUTH STADIUM \. .. '-' 'WI SECTION 7. SEVERABILITY. If anyone or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of this resolution or of the Note or Loan Agreement delivered hereunder. SECTION 8. AMENDMENT. This resolution may not be amended or repealed except with the prior written consent of the Bank. SECTION 9. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED AT A MEETING DULY CALLED AND HELD THIS 25th day of 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 5 4572v 1/28902-00082/R-AUTH -NOTE SOUTH STADIUM \ , \..i ATTACHMENT I FORM OF LOAN AGREEMENT 6 4571v 1/28902-00082/R·AUTH -NOTE SOUTH STADIUM ..,,; Iii' 21 01) FRI 12: 20 F..~X 90'¡ 3562986 .. SQUIRE SANDERS&DEMPSEY \ , '-" LOAN AGREElvŒNT between ST. LUCIE COUNTY, FLOR[DA and SUNTRUST BANK West Palm Beach, Florida Dated January 31,2000 Relating to St. Lucie County, Florida $410,000 Improvement Revenue Note, Series 2000A (South County Regional Stadium) "'7Jv: i1~902"D:OU;", ,~(),..."J ,~(JI1.zë ~UU'¡ t1 $lA.I.) I;~'j . _, flj,Q02 ...,; \ ßl:2L:OO FRI 12:21 FAX 90~ 3562986 " SQUIRE SANDERS&DEMPSEY 4]Ofl3 '-" ...,/ TABLE OF CONTENTS Page SECTIO;~ 1. DEFINITIONS ....... ..,..... ..... ......... ...... '.....'.. ........ ...... ............ ...,.... ,.. ...... .............. ..... 2 SfCTrOI' 2, INTER.PRET A TIOK..... ............... .... ..,....... .............,......, ...... .......... .......... ........, ....... 4 SECTiON 3. THE LOAN.......,.... .......................... .... ............ .......,... .................. ...........' ..' ............. 5 SECTION 4. DESCRlPTIO~ OF NOTE, ....................,......-............_...... .......................... .... ......... 5 SECTION 5. EXECU'rION OF NOTE ....... .... ....... ..... .......... .....................,.. '. ...... ...... ............... .... 5 SECTION 6. REGISTRATION AND TRk'\JSFER OF NOTE '.......'..'....' ,.... ......................... 5 SECTION 7. NOTE MUTILATED, DESTROYED, STOLEN OR LOST .................'.... ..._.....6 SECTION 8. FORl\.1 OF NOTE ...................................,.............,.................................................., 7 SECTION 9. SECURTTY FOR NOTE; NOTE NOT DEBT OF TI-ffi COL~TY .......................... 7 SECTION 10. CQVENA.'N"TS OF THE COUNTy.... , -..................,...........................................7 SECTIO~ 11. REPRESENTATIONS AND WARRANTIES ...........".......................................8 SECTION 12 C01\DITlONS PRECEDENT ..,.. ... ,................................" ......,...................... 9 SECTI()\, 13, N()11CES,.... .... ..... ................... .......... ............ ........... ............... ............".. ,'. '........ 10 SECTIOK 14, EVENTS OF DEFAULT DEFINED .............................._..."............................... 11 SECTION 15, RE~1EDIES....... ............... ................... ......._.." ".....................,.................... .. ,. _. '" 11 SEC11()!\ 16, 1\0 P.ECOlJRSE ........ ...........,... "....., ....................... '.......""....... .......... ............. 12 SECTiON 7 PAY1vŒNTS DUE ON SATlJRDA YS, SUNDAYS AND HOLIDAyS.............. 12 SECTIO~~ 18. AMENDME;\TS, CHANGES AND MODIFICATIONS ,....................'......,....... 12 SECTION 19, BINDmO EFFECT '..... ..-.......... '...... .......... ........... ,.." .......... ........ .......... .....,.. ,_ ". 12 SECT'J()N 20, SEY ERABILITY ....,..................... .........,....... .........,...,............'".., "................,... 12 SECTION 21. EXECUTION IN COUNTERPARTS..,........................., . ............................'" 12 SECTlo:-.r 22. APPLICABLE LAW..... ...................'"..,..,........................,..... ...........,.......... 12 ·b¡;.. \l2g~tJ.!~IXJ'!!¡.~-LOA;'4 ;-.G.KEE :;OL;TH ~",,:\'ûlL.:M 01 21 '00 FRI 12: 21 FAX 90-1 3562986 ... SQUIRE SANDERS&DE~PSEY ~Ol)"¡ ~ ., 111is LOAN AGREEMENT is made and entered into ~s of January 31, 2000, by and be,:\':een '31'. LUCíE COUNTY, FLORlDA (the "County"), ar:d SUNTRUST BANK, West Palm Beach, Florida (the '"Bank"). WITNESSETH: WHEREAS, the County has detennined that it will be necessary, desirable a.'1d in the best interests of the County and its inhabitants that tile County undertake the Project hereinafter described :.nd th?t the Project will serve essential public purposes ofÙle County; and \VHEREAS, Ùle County has c1eterminedthat it will be without a.d~c;uaLe cLL7ently available nmds to pay the Project Costs, and that it \:viIi be necessmy that funds be made available to the County in order to undertake the PlOject; and WHEREAS, Ùle Cotlnty requested COltunit11'lents from variOl1S lending institutions to provide-the COLlnty with fmancing for the Project Costs; and \VHEREAS, pursuant to the Commitmer:t, a copy of which is attached hereto as Exhiblt B. the Bank has agreed to lend ùle County Ùle aggregate principal amount of $410,000 to linanœ a portion of the Project Costs; and WHEREAS, the Commitmcnt was determined tQ be the 10wc3t and best responSive commitment $UbllÚttcd; and VfHEREAS, the County has detennined that it is in the best interest of the health, safety, and welfare of the County and the inhabitants thereof that the COlU1ty enter into the Covenant to seçme the obligation of the COtU1ly to repay the principal of <L'1d interest on the Note when due and 10 m3..k;:e the ot11e: payments, if any, required under the tennS hereof; and \\llTEREAS, the obligation of the County to repay princíp,ù of and interest on the Note and to make the other payments, if any, required under the tem1S hereof, shall not constitute a general øbl ¡gaÜon or inc:ebteàness of the County as a "bond" within the meaning of any provislOn of the ConsÜtution of the State, but shall be and is hereby declared to be a speciaL. lirnitcd obligation of ùle County, secured solely by tbe Covenant and the moneys actually budget~d m,d appropriated ;)UrSUðl1t 1l1ercto in the mal'mer provided herein; and 'tr'HEF'..EAS, the County js not obligated tù levy ta.xes on any property of or in the County to pa)' LÌ1e principal of or interest on the Note or to m2.ke any other payments provided for herein, ill1d the ~\ote, the interest thereon and the obligations hereunder shall not be or constitute a lien upon the Project or upon any other property of or in the County; NOW, THEREFORE, in consideration oftht: premises and the mutual COVljnants herein set li.\nh and other good í.Uld ",,"luable consideration, the receipt and sufficiency of v..-luch (.l'~ hereby .:l:::k.11o'vvkdgcd, the C\.mnt} and the Bank do hereby agree as follows: :1,~ i ~\'1/2tt~J{:~ .1}ùn~l/.·~.LOl'!'<; .",CREE Sc.V..:lh S~- .~n!V~ 01,21'00 FRI 12:23 FAX 904 3562986 " SQUIRE SANDERS&DE~PSEY [4J 005 ~ '...I SECTION 1. DEFINITIONS. Capitalized temlS used hcrcÍl1 shall have the following meanings herein, unless the text otherwise expressly requires: "Açt" me~U1S Chapter 125, Part 1. Florida Statutes, as amended; Ordinance No. 87·77 of the COtulty, as amended, and oth~r applicabJe provisions oflaw. "A1.nhorízed Investments" means fu"î}' obligations, deposit certificates, or other evidences of indebtedness legal for investment purSÜ311t to law, to the extent ll0t bconsistent with the tenns of tll;: ul'lt:stment policy of the County ánd applicable law. "Banl(' means SunTrust Bank, a bank organized under L}¡e laws of the State of Georgia, ac:ing by and through its office in West PaL"1l Bcach, Florida. "Boa.rà" rnea.ns the Board of County Com.'11issioners, as the goverIÙng body of the County. "Bond Counsel" means Squire, Sa.'1ders & Dempsey L.LP, Jacksonvill(;';, Florida. "Business Day" means any day of th8 year o:hcr than a day on which the Bank or the County are la\.Yfully dosed fOI business. "Chnin1lLm" means t1e Cha;nnan of the Buard or, in the Chain-nan's absence, Ù'le Vice Chainnan, "Clerk" means the Clerk of the Circuit Court, ex officio Clerk of tile Board or, in the Clerk's absençe, any Deputy Clerk duly authorized to execute documents or take other action, as the case may be, on the Clerk's beh;¡Jf. "Code" means the lutemal Revenue Codf: of 1986, as amended, and the applicable RegulatioT'.s and rulings thereunder. "Conunitment" me¡U1S the Commitment of the Broù<, a copy of which is attached hereto as Exhibit ß. "County" means St. Lucie COWlty, Florida. "Cou:)!:¡ Administrator" means the County Adruinistrator of the CCWlty or. in the COtU1ty A.d!11.irustrawr·s absence, any desigDee ddy auùlorizcd to execute documents or take OLher action, as the case lTtay be, onÙl~ County Administrator's b~half. "c.:Jvel1~tnC mcans the covenant of the Board to budget and approplÌJ.te moneys needed to pc;, \vhen due, the principal of :l..T1d interest on the Note a."lc! to make the other payrner:ts, if any. rCCiwred to be mLKk under the Note and tl1is Agr~ement 'DeÙul(' mear.s an Event of Dc:fault as defined and described ir: Section 14 hereof. ..S·iJy¡::~9C.1.\)i,"'I:)Z/.'\'-~.\-I~;" ACRI:.Œ. \üL:~ H ~ L'\otC}\.o1 2 01:21..00 FRI 12:2-l FAX 90.1 3562986 , SQUIRE SANDERS&DEMPSEY 4J 006 ,-,. ~ f'DisbU!"s~ment Date" me~UlS the Icilial Disbursement Date and the date of each stlbse\.}'.1ent diEbursement of a portion of the Loan. The Disbursement Date shall be the second Business Dav fol1ol,ving receipt by the Bank of a Requisition. r "Finan(~ial Advisor" means William R. Hough & Co., Orlando, Florida. '"Fiscal Year" means the peri.od from each October 1 to the succeeding September 30. "Irútial Disbursement Date" means the Date of Issue as shov.11 on Exhibit A hereto. '"Initi,,] Requisition A.moll.'1.t" means the amount requested to be disbl.1l'sed in Requisition No.1. "Interest Rate" means the m1llual rate of inter~st on the Kote, which is _%. '<Loan" meanS the lo~111 by the Bank to t.'ltc County for the purpose of financing Project Costs pursua.nt to th~ tenns of this Ag.reement. "Maturity Date" means the date en which all outstarlding principal of tile ~ole is due as shown on Exhibit A hereto. ":\on-Ad Valorem Revenu.es means all revenues received by the COlL.'1ty (a) from sources other th~J1 the levy of ad valorem taxes upon property, and (b) not restricted by law so as to be 1.1l1ablc to be applied to pay the principal of and interest on the Note and to make th.e ether payments, if any, required under the Note or under this Agreement, provided, that the Non-Ad Valorem Revenues are subject to prior liens upon all or any sçecific portion thereQ ~ whether now existing or hereafter arising. "Not~" means the Improvement Revenue Note, Series 2000A (SOUÙ1 County Regional Stadium), of the County in substantially the form attached hereto as Exhibit A. "Paying Agent" means the County Finance Director. "Payment Date" means the dates on which interest on the Note is payabie, as shown on Exhibit A hereto. "Person" or words importing p~;rsons, means f1.'1Tls, assucìations, partnerships (including without !imilaLÍon, ¡s(;ncral and limited partnerships), j0i11t ventu.res: societies, estates, trusts, cOl1'úrmions, publi.~ or goven'.mental bodies, other legal entities, and natural persons, "Prepayment Date" means a..f1Y datc of pr::payment or the princIpal of the Loan by \lIe County, ",hether in whole or in part, "'Principa.l Arncw1t" rnca..'1S the principal 8.mount of the Loan outstanding at any th"1le, as shown 0'1 Schedale 3 to Exhibit A hereto, which .shallnût at any time exc,eed Four Hundred Ten Thousand Dollars ($410.000), 4:::7)..,1/2~~JOZ,·tiJ'I~2i,;\-IA1.Þ.-,~ A(;RrE :iOLnl Sl."OiLiM ~ .) ¡It :!L 00 FRI 12: 25 FAX 90.1 3562986 SQUIRE SANDERS&DEMPSEY ~ 00; '-' "wJI "Projeçt" means the acquisition and construction of a sports tàcility commonly known as the South County Regional Stadium on a ten-acre site on N. W, University Boukvard in Ùle City of Port 51. Lucie m accúrd¡mce ""ith the plClI1s and speciíìcations prepared by Edlund & Dritenbas, architects, on tile \vith Úe County's Leisure Services Department: "Project Costs" means all or a portion of the cost of undertaking the Project includmg, but not limited to: engineering. legal. accounting, and fimmcial expenses; expenses for estLmatcs of costs and of revenu.es; expenses for plans, specifications and stU'veys; fees of fiscal agents, financial advì$OTs or cOllsuJtants;administl'ative expenses relating solely to the Prqject, reirnbw·sement to the County LOf any :sums heretofore expended tor the foregoing purposes (to the extent that such œimburscment is permitted under tl1e Code); payment of interest on the Loan prior to its maturity; and such oth'~r costs and expens~s as m;.\y be necessary or inddentaJ to the financing or refinancing of ùle P¡'ojecL "R>:.:gi:::t¡;r" means the books maintained by the Rt:gisb:ar in which <1æ recorded the nanles and (¡ddress of the Registered Owner of the Note. "R:::gistcrcct OWl1.er" means the person In whose name the o\Nnership of the Note is regisrcred on the books 11.1.aintaincd by the Registrar. The Registered Owner shall initially be the BarJ.:. "R~gistrar" means the Person maintaining the Register, The Registrar shall ìnitia.ì!y be ùle COlult)' Fmilnce DÍIe~tor; an)' subsequent Registrar must be approved by Ù1';; Ban..1{ or its aùthorizcd transferee. "Regulations" means the Income Tax Regulations promulgated by the Intenlal Revenue Service under Sections 103 and 141 tluough 150 of tIle Code. "R:;quisition" r!ll::ans a req~st by the County to the Banlc fOT an advance, in substantially t.he- form 0fExhibit C hereto. "Resolution" means Resolution No. OO~38) adopæd by the Board, on January 25, 2000, as aJ1ìcnddd and supplemented ÍÌ'om time to time, "$t:1te" means the State; of Florida. SECTION 2. INTERPRETATION'. Unless the context clea.dy requires otherwise, words of m;;tscuI i ne gender shall be construed to include cOITelative words of the feminine and neuter g:enJt'r~ and Vlce versa, and words of the singular number shall be coastraed to include eorrel~tlve words of t1e plural nwnhcr and vic~ versa. TIllS Agreement and [ùl the terms and ~rovisions bereof (a) have been negoti:::te:d in an <llms~l:;\ngth mannef between the County and the Bank,~ (b) h~fv'e been reviewed by the County Attorney and counsel foL' the Bank; (e) ::.hall not be eonstnled strictly in Lwor of or iigaiast either party bereto; and (d) shall be construed to effectUól1e the plUpOS~ set forth herein alld to sustain the v~idilY hereof. ,15~l,',lS%1-'JC"j~:IA-L(ìA" AGKE£ SOUTH ~T "'DltiM 4 O!'21/00 FRI 12:27 FAX 91).1 3562986 SQUIRE S~~DERS&DEMPSEY r4J 008 ~ ~ SECTION 3, THE LOA.l\I. A LOAN. The Bank hereby agrees to make and the CCLnty hereby accepts the Loan, upon the tenm; and conditions set forth hereio. B. DISBURSE!YŒNT OF PROCEEDS, Proceeds of1l1e Loan shall be made available to Úe County 011 the Disbursement Date referenced in the Requisition to which the disbursement relates. A portio!"! of the proceeds of the Loan, in the arno1.u1.t of the Initial Requisition AmolU1t, shall be made availa.ble by the Bank to the County by deposit to or tòr the order of the County by 2:00 p.m. on the Initial Disbursement Date in immediately available funds. SEC110N 4. DESCRIPTION OF NOTE. The obligation oft.}¡e County to repay the Loan sh~l be evidence,d by tilc Note, The Note shall be dat¡;d as of the IJ,JŸtlal Disbl.U'sement Date; shall mature as to principal on the dates aJ.'ld in the amounts as set forU1 in tllC Note; shall be in regjster~d form; and shall bear interest from its date until payment in full of the principal amùUl'lt th.¡;;reof. at the Interest Rate shown on ßxhibit A hereto. subject to adjustment as set forth in Schedule I to Exhjb~t A. Intcr~st shall be payable as set forth on Exhibit A, crt1culated on the basis of a 360-day year consisting of twelve 30-day months and the aetual number of days elapsed. The plincipa! of the Note shall be payable in installments as shown on Attachmel'lt A to the Note. The Note may be prepaid in whole or in part prior to maturity witho~lt pemùty. SECTiON 5. EXECUTION OF NOTE. The Note shall be executed in ~he name of the County by the Chainmm and countersigned and attest~d by the Clerk, and its corporate seal or a facsimlle thereof shall be affi.xed thereto or reproduced thereon. The Note may be signed and sealed on behalf of the County by any person who at the actual time of tbe executiol1 of such Note shall hold the appropnate office in the County, although at the date thereof the person may not have been so authorized. The Note may be executed by the facsimile signatures of the Chainnan and/or Clerk, providecl1hat at least one of their signatures must be a J:1al1ual signature, SECTION 6. REGISTRATION AND TRAJ.'\ISFER OF NOTE. The Note shall be and shêùl havc all the q1.laJ1tie~ and incidents of negotiable instruments U):der the Unifonn Commerda] Code-Investment Securities Laws of the Slale of Florida, and each Registered Owner. in accepting the Note, shall be conclusively deemed to have agreed that such Note shall be and have all of the qualities and incidents ofnegotìable instnunents thereunder. There sl~an be a Registrar who shall be responsible for maintaining !be Register. The pçrson in whose name ownership of the Note is shown on the Register shall be deemed the Rcglster,=d Owner thel'cofby the County and thc Registrar, who may treat the Registered Chvner as th( absol,.~te owner of the Note for all purposes, wheÙl~r or l'lot the Note shall be overdue, and any notice 10 the conrrary sj,aU nol be binding upon the Counly orthe Regi~iTi.tr Ownerslùp of the Note may be transferroo only upon the Register. Upon Sì.HTt'ndel to tl1C R~gistrar for trallsfer 01' exchange of the Note accompanied by an assignmcnt or ....witten autllUlization for e)(ch¡mge, whichevr:r is applicable, duly executed by the Registered Owner or its atwrney duly authorized in writing, tl1e Registrar shall deliver in the name of th.::: Registered Owner .¡S7:;·, ;;'!'901'·Ol,O~2i.;;"·L.O:\~ AGR~SOUT(l :aT.WlUi\l 5 111.:' 2 1 0 0 FlU 12; 28 FAX 90 .t :) :) 6 2 986 SQUIRE SANDERS&DEMPSEY [4J 009 ~ ""'" or the tra.nsfi~œe or transferees, as the case may be, a new fully registered Note of the sam~ ê:1Jnount, prÏ11clpal amortization schedule, final maturity and interest rate provisions as the Note surrendered. No transfer of the Note shall be effective l.Ultíl entered on the registration books 11laintained by the Registrar and wltil the transferee (whjch must be an "accredited investor" within the meaning of Ruk 501 (a) of Regulation D promulgated under the Securities Act of 1933, as amended) shall have delivered to the Regi.s1rar an investment letter in similar fonn and substance to the investment letter delivered by the Bank upon the original issuance of the Note. The Note presented for transfer, exchange, redemption or payment (if SO required by l~e County or the Registrar) shall be accomp<U1Íed by a writlen instrument or instruments of transfer or authorization for exchange, in foml and with guaranty of signature satisfactory to the County or the Registrar, duly executed by tl1e Registered Owner or by its duly :l1.1thorized attomey. The County and the Registrar may charge the Registered Owner a Stull sufíìcicnt to æimbill"Se them for any expenses incurred in making any exchange or transfer after the first such exchange or tr311sfer following the initial delivery of the Note. The Registrar or the Count)' may also require payment ÍÌ'om the Registered Owner or its transferee, as the case may be, of a sum su.tïicient to cover ta.''Ces, fee$ or other govenunental charges or expenses, if any, that may be imposed in relation thereto. Such charges and exper..ses shall be paid before a new Note is deJiverect The new Note delivered upon any transfer or exchange shall be a valid obligation of the County, evidencing ù1e same debt as the Note surrendered, shall be secured lmder t11Ìs Agrecm~m, and shaH be entitled tC'1 all of the security and benefits hereof to the same extent as the Note sUlTendered, ìMlenever the Note shall be delivered to the Registrar for cancdlat1on, upon paymt\nt of the principal amow1t thereof, or for replacement, transfer or exchange, the Note shall be cancelled and destroyed by the Registrar, and counterparts of a certificate of destmction evidencing such destnlcticn shall be fu."11iShëd to the County. SECTION 7. NOTE MUTILATED, DESTROYED, STOLEN OR LOST. In case tbe Note shall be p.1Utilated, or be destroyed, stolen or lost, upon the Registered Owner furnishing the Registrar satisfactory indemnity and complying \\11th such other reasonable regulalÎons and conditions a.5 the COW1ty may prescribe and paying su.ch expenses as the County may incur, tbe Regi5\rðJ- shall issue and deliver So new Note of like tenor as the Note so mt.!tib.ted, destTuyed, stolen or lOST. in lieu of or substitution [or the Note, if any, destwyed, stolen or lost or in exchange and substitution for such mutilated Note, upon SlUTender of such mutilated Note, if any, to the Registrar and the cancellation thereof; provided however, if the Note shtùl havc matured or be about to mat'JIe, instead of issuing a substitute Note, the County may pay the same, upon being indenmit'icd as afür~said. and iÏ such Note be lost, stolen or dl::stroyed, v.;thout surrendcr thereof. Any Note surrendered under the term.s of this Section 7 shall be cancelled by the Registr2.!', Any such ne\.vNote issued pillSuant to t11is section shall constitute an origbal., additional cüntract'..laJ obligation on the part of the COUl1ty whether or not as to the new Note, the lost, stolen .;,7J-¡'i1,')~",C'J~S2:A L-l\,',.' ACsR£¿ $OUTH ST"mt)iI.'l 6 0121:00 FRI 12:30 FAX 90.1 3562986 , SQUIRE SANDERS&DEMFSEY ~010 '-'" ..", Or destroyed Notc be at any time found by anyone, and the new Note $hD.I1 be entitled to equal and proportior.al beadits and rights as to secu:ity for payment to the same extent as the Note originally issued here1lnd~r, SECTIO"J 8. FORM OF NOTE_ The :\-ote shaH be in. substantially the form of Ex.hibit A ho::r<::tu, wiùl such variation::;, omissiollS and iIl::;~rliun.s a:s may bt n~\,:I;::S:;~IY, J~:sintbl~ ünù authorilt:d or permitted by tbJs Agre:ment. SECTION 9 SEC1JRITY; NOTE NOT DEBT OF TIrE COUNTY TIle obligation of the County to pay the prindpal of anti interest on the Note and to make U18 <;\ther payments, if any, requin~d under the Note 3l1d this Agrcement. shall be secured forthwith solely by the Covena."t and the moneys budgeted and appropriated pursuant thereto. The principal of and interest on the ~ote and the other payments, if any, required under the Note and this Agreement shaH not constitute a general obligation or indebtedness of the COlU1ty, a.nd the Regi~teœd Ov.l1er shall never have the right to compel the levy of taxes upon any propert)' of or in the County for the payment of the principal of and interc::t on the Note and the other payments, if an)', reqllired 1.1nder the Note and this Agreement. The pllncipal of and interest on the Note and Ù1e otl1cr payments, if any, required under the Note and this Agreement shall neither be secured by )'Jor corstitut~ a lien upon the Project or upon any otb.er property of or in the County, but sha.H be secur~d solely by the Covenant and the moneys budgt;:l~d and appwpriat~ù purSlllillt th~relo, in Lh~ manner provid¡;;ü h(;æill. SLCTIO~ lO. COVENANTS OF THE COUNTY, Until the principal of and interest all Ùle Norc and the other payments, if any, requil'ed under the Note and this Agreement shall have been paid in full or until provision for payment of tbe Noæ and dlC other payments, if any, req!Jired under the Note and this Agreement shall have been made in accordance with the provisions of this Agreemem, the County COvénants with rbe Regi.3tered Owner of the Note as follows: A. COVENANT TO BUDGET AND APPROPRIATE. The County will budget <:U1d approp11ate in each Fi$cal Yðar from Non-Ad Valorem Revenues amounts sufficient to provide for thr; time!:y payment of the principal of and interest on the Note ar.à for the making of the other p::¡yments, if é.my. required to be made under the Note or this AgreeI:1ent. The County "'A¡ill include in its annual budget. by amendment if necessary, such am01.U1ts of Non-Ad Valor~m Rewnues as ....'Ill be needed in order to provide for payment of thð principal of and interest on the :l\'ote, when due, and to make the other paym~nts, if any, required to be made under the ;-Jete or this Agreement; provided that th~ obligation of the County under this Covenant sh::I11 be deemed to be junior and suOürdinatc to t~e County's obligations a.'"Ísil1g as a rðsult of the gr$.nti.ng by the COlUlty of a specific !.ien upon all or à!1Y specific source of Non-Ad Valorem Revenues, whether previous or subseqLlent hereto, and sha.1l not be deemed to preclude the County from hereafter granting a prior lien upon all or any specific sources afNon-Ad Valorem Revenues to secme the payment of any de bt or obligation of the County htrea11er issued, so long as the granting of such lien wilt not have the effecl of impairing the obligation of the COtUlty Wlder this Agreement and the Note or of midng unavailable S1.1fficient amOlmts of reasonably an.ticipaæd Non-Ad Valorem Revenues to m~e timely payment of the pnncipal of and interest on the Note and to make the ocher payments, if any, required lO bc made wider the Note or this Agreement. Hn, 112'¡O,ç'-llIxm':A·LOA>': AGRf.:F. $QUTJ.1 $1..mUM 7 01· :!l.:OO FRl 12:32 F.H 90O¡ 3562986 . SQUIRE SANDERS&DEMPSEY @011 ..., WIllI 8. PA YMENT. The County will promptly pay the principal of and interest on the Note v"hen due by wire transfer or other medium acceptable to the County and the Bank. C. FINANCIAL 5T A TEMENTS. As soon as available, and in any event not later than two hundred t.:;..., (210) days following the end of each Fiscal Year. the COWlty wî11 provide the Ba.n.k wit.h Co copy of the Comprehcnsive Annual Financial Report ofthe County. D. A.'1\JN1;AL BTJDGET AND OTHER INFORMATION. Tlle COlU1ty will prepare its annual budget h1 accordance \1,ith the Act, and will, within thirty (30) days of adoption theœof by thr: Board) provide to the Bank a. copy of its final annual budget for each Fiscal Year. 'TIle County will abo provicl' to the Bank stich oLher public infonnation regardirg th~ Cotmty and its affairs as the Bank may [i:asonably request. E. TAX COMPLlALx.¡CE. Neither the County, nOr any thiId piU"ty over whom the County has control, will make any use of the proceeds of the Note at any time during the term hereof which would cause the Note to be a "private activir¡ bond" withi.n the meaning of Section t 03(b)( 1) ofthe Code or an '"arbitrage bOl1¿:" within the meaning of Section 1 Q3(b)(2) of the Code. The County covenants throughout the tenn of the Note to comp1y with the requirements of the Code and Lhe Regulations, as arI'.i.E:nded from time to time. The COti11ty will take all actions necessary to maintain the exclusion tram gross income for purposes of the Code of interest on the ~otc: to t.1~ same extent as on the date of issuance of the Note. F. COVERAGE. The average Non-Ad Valorem Revenues (Vvith the exception of "enterprise fund" r~\'el1ues) for the two most recent Fiscal Year::. of the Courlty must always equal or exceed two times (2.0) the combilled maximum annual debt service payments in e~ch Fiscal Y car \vhile tile Note is outstanding and 'unpaid on all outstandbg and proposed debt secured by a11 or any specitìed portion of Non-Ad Valorerr.. Revem.:es (with the exception of debt secured by "enterprise fì.md" revenues). SECTIO~ 11. REPRESENTATIONS A1\lD WARRA..~T1ES. 1 h: County represents and ',;.,an<\;,"1ts to the Bank that; A, ORGAN1ZATION. The County lS apolitical subdivision, duly organ.ízed and existing under the lztNS of the State of Flor~da and eligibJe to issue obligations which qualrfy under Section l03(a) ùfthe Code. ß. AUTHORlZATION OF AQREEMRNT AND NOTE, The County has the power and has tak<:n al1 necessary action to r111tholize the execution and delivery of, and the perfonmmce. by the CotU1ty of its obligations under, this Agreement and the Note in accordance with their respective terms. This Agreement and the Note have been duly executed a.nd deliverðd by the County and are valid and binding obligations of the COW1ty, enforceable against the County in 3ccJr~iance with their respective tenns, except to ùle exLe11t that such enforcement may be Jimjted by laws regarding bankruptcy:, ins(Jlvency, reorganization or moratorium applicable to th.e COLmty or by gt:l1tmtl principles of ~quity regarding the availability of specific µer[offi)allCC.. ,S7J,, l2~90]-~OOd2:A'LIJAN ,oUi"J:.t. SOUTH SrAD!VM 8 Ol!~l/UO FRI 12:34 FAX 904 3562986 . SQUIRE SANDERS&DEMPSEY 141012 ¡~ ~ -' C. NON-AD VALOREM REVENUES. The County clIlTently receives the Non-Ad Valorem Revenues and is legally entitled to covenant to budget and appropriate from such Non-Ad Valvrem Revenues amounts necessary to pay the principal of and interest on the Note a.~d 10 make tlle other payments, if any, required wlder L~e Note and this A~eemcnt when due. The Non-Ad Valorcm Rçvenues a.Pf: estîIllilted to be sufficient to pay the principal of and interest on the Note and to make the other payments, ¡fany, n:quired under the Notc or this Agreement and to mak~ aU other payrnents reqltÍred 10 be made from Non-Ad Valorem Revenues as the same becom.es due. The County wtll take alllav;fu.1 actio.o neceSSaI}' to enable the COW1ty to continue to re';eiv~ th: Non-.Ä.d Valorern Revemtes in at least the amounts necessary to pay principal and interest en the Note and to mfu<.e tile other payments, if any, required. under the Note or Ù1is Agreement [0 the extent not paid from some other source and to make all other payments required to be made [tom Non-Ad Valorcm Revenues; provided that the County shall not be required to maimain any sp~dfic program or provide any partiClÙi:1J services that may be a source of Non-Ad Valorem Revenues. The County 1n:¡Y issue bonds, notes, or other obligations secured by a lien tlpOll or pledge of all or any specified sou::-ce or portion. of the Non-Ad Valorem Revenues prior ill status to the obligation of the Cou.nty to make the paymemsunder the Coven3!l~ provided that the County does nQt, thereby, impair its abi:ity to pay the principal of and interest on the Note :md to make the other ;Jayments, if a..'1y, n~quired under the Note or this Agreement D. FIN/\NCIA.L STATE1\'ŒNTS. The CO:1Solidatcd Annual Financial Report of the County for Ûl~ fiscal Year ended September 30, 1998, previously provided to the Bank was prepar.ed in aCCOrda11Ce with generally accept·:d accounting principles and presents fairly the fInancial condition of the County as of such date and the results of its operations for the period then i:r:ded. Since September 30, 1998, there has been no material adverse cha.nge in the firul11cial condition, revenues (ìnclúding, without iimitation, the Non-Ad Valorem ~venues), properties or openìti(m~ of ilie County. Since Septembe!' 30, 1998, the COlU1ty has ÎncUITed the following long· lènH debt payable from Non-Ad Valorem Revenues (other than "enterprise fLmd" revenues): "'5536,313 Improvement Revenue Nuh~, Series 1999 (Computer Equipment), dat~d 9/15/99 "'57,300..000 I:nprovement Revenue Note, Series 1999 (800MHz Radio Sy.;tern), dated 10/28/98 *$485,000 Public Improvement R:venue Note, Series 1998A (Beach Reno1Jrishment Proje.,;t), dated 12/3/98 *53.000,000 Special Assessment Improv,ement Term Note, Series 1999 (MSBU Loan - NationsBank, N.A., Facility), dated April 1, 1999 SECTION 12. CONDITIONS PRECEDENT. The obligation of tbe Bank 10 make tile Loan is SLlbject to Ù1e satisfà.ctîon of each of the föllowing conditions pœc~dem on or before the Tnitial Di.=;burscrnent Date: A. ACTION. The Bank shall have received a copy of The: Resolution terti lied as complete élnd correcl as of the Disburs~ment Date, together with an executed Agreement, Ùl~ executed Not~. and the customary closing certificates. 45 r3.r!/:~'. O':-O'iO>c:"Þ.I OAN .I\GR~11 SOLrni :ì!.~jL'M 9 01, 21:00 FRI 12: 35 FAX 904 3562986 , SQUIRE SANDERS&DEMPSEY 141 013 '-' ,." R mCUMBENCY OF OFFICERS. The Bank shall have received an incumbency certificate of the County in respect of each of the officers who is authOTÍ7.ed to sign this ,Agreement and the related financulg documents on behalf of the County. C, OPINION OF COu'NTY A ITORNEY. The BaJ1.k. shall have received a 'rvrill.tn opinion of the County Attorney addressing mat1ers relating to (l) the existence of the County; (2) the due adopÜon of the Resolution; (3) the due authorization and execution of this Agr~ement and the Note and the rclated fmancing documents; and (4) the absence of litigation against the County relating to (a) its existence or powers, (b) the entering into the Covenant or (c) the proceedings for the aUÙlorization and issuance of the Note, in fonn and substance satisfactorY to the Bank. . D, OPINION OF BOND COUNSEL. The Bank shaU have received an approving opinion of Bond Counselor, alternatively, a letter from Bond COlIDSel authorizing the BarJ( to rely 011 the approving opinion of Bond Counse.l delivered to the County in respect to the Note to the same extent as if such opinion were addressed to the Bank. E. REPRESENTATIONS MTI WARRANTIES: NO DEFAULT. The representations and warranties made by the County herein shall be true and correct in all material respects on and as uf ù1e Disbursement Date, as if made ou and as of such date; 110 Default shall have occurred and be continuing as of the Disbursement Date or will re::iUlt from the consummation of the LQan; and L'1e Bank shall have received a certificate fTom the County to the foregoing effect. F, OTHER DOCUMENTS. The Bank shall have received such other docwnents, certificatès and opinions as the Bank or its counsel shall have reasonably req'.ìested. SECTION 13. NOTICES. All notices, certificates or other communications hereunder sha!! be sufí1ciently given and shall be deemed given when hand delivered, delivered by telecopicr, mailed by registered ur certified mail, postage prepaid, or delivered by courier service to the parties at the following addresses: C\)LUlty' St. Lucie County, FJorida 2300 Virginia A vemle Fort Pierce, Florida 34982 Atrention: Douglas M, Anderson, COW11} Administrator COpy to: Daniel S. Mcintyre, County Attomey Bank: SW1Trust Bank 501 South Flagler Drive, 2nd Floor West Palm Beach, Florida 33401 Attention: Leslie L Downs, Vice President Any of tht' above parties may, by notice in m-iting given to the üÙ1ers, desigIlat~ any 1ì.uther or diílèrcnt addresses to which subsequent notices, certificates Or oth~r communications shall be sent. Communication via telecopier shall be conf1IIIled by delivery by hand, mail, or courier, as specified douve, of an original promptly after such conml'.mication by relecopier, ~5nvJ/18?C2'OO~~2!ALOAì' AGRP.I; SOVTH STADIUM 10 1Jl,' 21,' 00 FRI 12: ,:\7 F.\X 904 3562986 SQUIRE SANDERS&DEMPSEY !4J 01-1 '-' "wi SECTION 14. EVENTS OF DEFAULT DEFNED. The following sh2l.!1 be "Events of Default" under this Agreement, a-ìd the tcnns "Dcíàult" and "Events of Default" shall mean (except where the context clearly indicates otherwise), anyone or mure oftÌle following events: A. failure by tbe C(Jünty to make any payment of principal of or interest on the Note within three (3) days of the app]icable Payment Date or the Maturity Date; B. núlure by the County to abide by the terms of the Covenant by failing to include in its annual budge: and to appropriatc at the timcs necessary the amounts required to pay the prineipal oÎ and inlen.::st on 1he Note when due; C. failure by the COWlty to observe and perfonn any covenant, coo.dition or agreement 0;1 i \3 part to be observed or perfonlled under ti1Ïs Agrecn1ent for a period of thirty (3 0) day s after V.TIW.:n llotíce of such failure shall have been delivered to the County by the Bank, ucless the Bank shall ilf:,'1'ee in writing to an extension of such time p1ior to its expiration; D. the making of any warranty" representation or other statement by the COlmty or by an oUker or agent of the C01.Ulty in this Agreement OJ in any instrument furnished in compliance \\'ith or in reference to this Agreement which is false or misleading in any material adverse respect; E, the filing of <l petition again:st the C01l11ty under ~ny bankruptcy, œorgé.'U1iLi.1tíon, ammgemenl, insolvency, rea.djustment of debt, dissolution or liquidation law of any jurisdictioo, whether now or hereafter in effect, if åI1 order for relicf is entered under such petition or such petition is not dismissed within sixty (60) days of such fiJiog; F. the riling by the County of a voluntary petition in barJu'Uptcy or seeking relief under ar.) provision of any bankruptcy, reorganization, ammgement, insolvency, readjustmer..t of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, Or Ule Consent by tile COI.lr1ty to the filing of any petition agaïn.st it wlder such law; or (1, the admission by the County of its insolvency or bankruptcy or its inability to pay its dehrs as the~' become due or that it is generally not paying its deb:s as SteCh debts become due, or the County's becommg insolvent or bankrupt or making an assignment for ,be benefit of credltors, or Ùle appoinunent by court order of a CUStOdla..'1 (including 'Jt1thoullÍmitation D. receiver, liquidator or trustee) of the County or any of its property taking possession thereof and such Qrder remaining In dIcct or such possession Cúl1tin\.Ùng for more than sixty (60) days. SECTION 15. REMEDIES, The Bank may sue to pr;)tect and enforœ any and all rights, including the dght to specific perfcmlance, existing under the Jaws of the State of Florida, of the l5nited States of America, or granted and contained in this Agreement, and to enforce and compel th~ perforrn¿U1cè of aU dutIes required by this Agreemerr" or by any applica":Jle laws to be performed by the County, the Board or by any officer thereof, and may take all :steps to ¡:rlì)rce this Agreement to the full ~;dent permitted or authorized by the laws of th~ St2lte üf Florida or the United States üf Amer:ca. Tne County and the BCUlk waive the right to a trial by jury of any 311d all claims made bet;..veeJ1 them related to and arising out of this Agreement the: Commitment, the ~j1hl;:~)H2·'Jr;O~2/A- ...OA.N ,'GR~Q "!'J!JTl'. ~TA.D!ti!·t Jl 11\,21 ,'()n FRI 12: 38 F.U 904 3562986 '-" SQU£RE S~~DER$&DEMPSEY @015 'wi Resolution and the Note, whether now existing or aIlsmg in the future, including, without Hmitation, :;my and all claims, and intervenor's claims, whether arising ÍÌ'om or related to the negotiation, execution and pertòrmancc of the transactions to which the Commitment relates. SECTIO'N 16. NO RECOURSE. No recourse shall be had for the payment of the principal of and int::rest on the Note or for au] claim based on the Note or on Ù1is Agreemenl, against any pr-::Sl:llt or tòrmer member or officer of1be Board or any person ~xecuting the Note. SECTION 17. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS. In any case where the date tòr making any paymel1t or ilie last date for pertì)rmance of any act or the exerCÍse of any right, as provided in this Agreement, shall be other than a Business Day, then such payment or perfonTIauce shall be made on the succeeding Business Day with the same force and cifcct as if done on the nominal date provided in this Agreement, provided that interest on any monetary obJigariOD hereunder shall accrue at the applicable rate to and including the date of such payment SECTION 18. AMENDMENTS, CHANGES AND MODIFICA TlONS. This Agreement may be amendea only in writing signed by both parties hereto. SECTION 19. Bil'.r¡)TNG EFFECT. To the extent provided herein, this Agreement shall be bin.ding upon the COllLty and the Bank and shall inure to the benefit of the County and the Ba...'lk and their respective successors and assigns. SECTION 20, SEVERABILITY. In the event any provision of this Agreement shall be held illValid or unenforceable by any court of conlpetent jurisdiction, such holding shall not invalidate or render lUlenfùrceable any other provision hereof SECTlO~ 21. EXECUTION LN COL~TERPARTS, This Agrccmellt may be simultaneously executed ir: several counter;Jarts, each ofwhiÒ shall be an original and all of which shalJ con~titLlte but one anå the same instrtL."11ènt. SECTION 22. i\PFLlCABLE LAW. l11is Agreement 5h:111 be govemed by and cOllstrued in aCCordål1Ce with the laws of the State. ';):hl':!9:;:{"'<'~'¡A'Lf)'.!\' AGt<f£ SOU71' ~TADIUM 12 O~<?l iOf; FRI 12: 39 FAX 90.1 3562986 \w' SQUIRE S~~DERS&DEMPSEY ..,J ilJ 016 rN WITh'ESS 'W'HEREOF, the parties hereto have duly executed this Agreement as of the date tìl'st abov:: written. (SEAL) A TIEST: Clerk ofthe CirclLÌt COlin:, ex officio Clerk of the Board of County Commissioners 41 ~\I ! "2ht.)(rl.CCC.~:J.1\ -LC.-';\j ..~uLU:c; sCu'rH ST At'lj:.n-"" ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM: A.."'ID CORRECThESS: COIJ..'lty Attorney SCNTRUST B/'u"lK Title: 13 0\'21/00 FRI 12:40 FAX 90~ 3562986 '-' SQl'IRE SANDERS&DEMPSEY ~Oli .", EXHIBIT A FORM OF NOTE No, R-l ST. LUCIE COUNTY, FLORJDA IY1PROVEMENT REVENUE NOTE, SERIES 2000A (SOUTH COUNTY REGIONAL STADIUM) % MATURITY DATES Febmary 1 in the Years 2001 through 2010 DATE OF ISSUE January 31,2000 RATE OF INTEREST REGISTERED OV/NER: SuuTrust Bank PPJNCIP AL AMOUNT: FOUR HUNDRED TEN THOUSAND DOLLARS (S410,000) K"\¡OW ALL MEN BY THESE PRESENTS, that S1. Lucie County, Florida (the "County"), for v-alue received, hereby promises to pay to the Registered Owner designated above, or regislered assigns, soldy fro111 the special flU1d.s hereinafter mcntio11ed, on the Matwity Dates specified above, a portion of the principal balance outstanding on the most recent date, as shown on Schedule 3 hereto (which principal balance may not exceed the Principal Amount shown above), in the amounts shown on Attachment A to Schedule 1 hereto, with the final installment of principal 3.nd interest beillg payable, upon presentation and surrender hereof at the office of the COtUlty Finance; Director, as Registrar and Paying Agent on February 1,2010, and to pay solely Irom such funds interest on the Principal Amount outstanding from time to time from Ù1C date of this ~ote or [rom the most recent date to which interest has been paid, whichever is applicable, mltil payment of such PrbcipaJ Am.otUlt, at the Rate of Interest, such interest being payabk: semi-a.'lIlually on August L 2000, and on each February 1 and August 1 thereafter (an "Interest Payment Date") until maturity, by check at" draft mailed on or before the Interest Payment Date to the Registered Owner at such Owner's addre,ss as it appears on the registration books of the County kept by the Registrar; provided, that snch payment may at the writtcn request áIld expense, if any, of stich Registered O'-"1:I.:r be by wire trðJ.1sfer or other medium acceptable to the County and to such Registered (hne!. The princIpal of and interest on this Note are payable in lawtnl money of the United Stfltes of America. This 1I.Jote is issned to fina."1ce the costs of the acquisition and construction of the SO'.lth COtmlY Regional Stadium \~'ifuin the County (the "Projed'), under the author¡~y of 'Lid in full c\."mpiiance \-vith the Constitution and Statutes of tl1e State of Fbrida, inclLLciing particulò.rly Chapter 125, Part 1, Flonda Statutes, Ord.inance 'No, 87-77 of th~ County, and othr:rappUcable provisions of la'iv, and Resolution No. 00·38, duly adopted on January 25, :'000 (the "Resolution"), and a Loan 4 n',II: S<,,;Jl-OúO~1J,"LO,"'-' AGKL,t; öOu IH sr.-.DIl'~¡ °\/21:00 FRI 12:42 FAX 904 3562986 \wi 5QrIRE S."-~DERS&DEMPSEY i4J 018 ...." ^grccment behVeen the County and SunTrust Bank, dated January 31, ::2000 (tile "Agreement"), to wh.ich reference should be made to ascertain those terms and conditions. This Note is payable trom and secured soJely by the covenant of the County (the "Covenant), contained in Section lOA of the Agreement, to annually budg~t and appropriate and pay 10 the Registered Owner hereoìthe portion of the Principal Al110W1t maturing on February 1 in the years and amounts shown on Schedule 1 attached hereto, and the interest payable on this Note on each Jnterest Payrnent Date, all in !.he I1J8nD.er provided in, and subject to the tenns and conditions of, ù1e Resolution and the Agreement. The principal of and interest on this Note shall not constitute 3. gener:ù obligation or indebtech'lcss of the County, and the Registered Owner shall never have the right to require or compel the levy of ta.xes on any property of or in the County for the payment of the principal of and interes~ 011 this Note. TIle principal of and interest 011 this Note shall not be secured by a lien 1.lpCn the Project, or upon an)' other property of or in the COWlty, but shalI be seclIIed soldy by t~e Covenant and the moneys budgeted and appropriateà pursuant thereto, in the manner provided herein ::md in the Agreement. Reference is made to the Agreement for the provisions relating to the secll.ri'.,y for payment of this Note and the duties and obligations ofthe County hereunder, This Note may be transferred or assigned by the Registered O'..vner to any financial institution or other accredited investor as de.tined in, i.n the manner provided in, and subJcct to the limitatior.s contained in Ùle Agreemcnt. Otl1crwi3~, this Notl: may not be transferred or assigned by the Registere.d Owner without the prior written consent of the Connty. I: is hereby certitied and recited that all açts, conditions and things required by th..~ Con.stituÜon and laws of the State of Florida to be perfom1ed, to exist anc to happen precedent to and in connection. v..'Îth the issuance of tills Note, have been performed, exist and have happened in regalar and due form <Uld time as so required. <i5,~,'I,'"~902,('X~¡jÀ-L(.'A:'¡ AGRkõ: ;;01)'1>1 STADIUM 2 01.,21.'00 FRI 12:43 FAX 904 3562986 ~ SQUIRE SANDERS&DEMPSEY ~019 ..." TN \VIn.œss WHEREOF, St. Lucie Co'Unty, Florida, has caused this Note to be executed by its Chairman or Vice Chairman, and attested by the Clerk of the Circuit Court" ex ofFcio Clerk of th,e Board, either manually or with their facsimile signatures, and 1ts seal or a facsimile thereof to be affixed, impressed, imprinted. lithographed or reproduced hereon, all as of this 31st day of January, 2000. (SEAL) ST. LUCIE COUNTY, FLORlDA Chainnan ATTESTED: By: Clerk of tbe CÍIcuit Court, exofficiù Clerk of the Board of County Commissioners .I!oJ3\..:~~')o2.(It.:08Z.'A. .Ot..N ,\GR~E SÛU1'!\ 'S-rAtlll!,t\.'l 3 O~/211I)O FRI 12: J4 FAX 90.! 3562986 \w SQUIRE S~~DERS&DEMPSEY ~020 '...I SCHEDULES TO ST LUCIE COUNTY, FLORIDA Il\.1PROVEMENT REVENUE NOTE, SERIES 2000 (South Co:mty Regional Stadium) Schedule 1 Terms of Note, including Interest Rate, Principal Amortization Schedule, Prepayment Provisions Säedule 2 Adjustment to Interest Rate Schedule 3 Record of Advances and Payments ~S7h!ll690'-O()';~ZI_,,-L.O......¡ AGREE $;)VTH ST,'J)I~!M 01/21:00 FRI 12:44 FAX 90-1 3562986 . SQUIRE SANDERS&DEMPSEY !4J 021 '-' ...,¡ SCHEDULE 1 TERMS OF NOTE Þ...MORTIZA TION SCHEDULE, The Amortization Schedule for the payment of the principal and Inter:st 01'1 this Nole is reflected in Attachment ^ to this Schedult: 1. PREPA YMENT PROVISIONS: The COLUlty may prepay the princIpal of al1d interest OIl this Note in whole Or in ptu1 at any time without penalty üpon _ dàys prior written notice to the HarJ\.. INTEREST CALCULATION BASIS: 360~day year consisting ofnvelve 30-day monÙl. OTHER PROVISIONS: None. 4~7)vl::;!-?o~"ôÚ'Ja:!::\·LÙ¡\t\ ACHU!F. 5~)tiiJ-f ::T^DftiM SCI ŒDULb 1-1 01' 2UOO FRI 12: 45 FAX 90.1 3562986 , SQUIRE SANDERS&DEMPSEY , . '-' ATTACHMENT A PRlNCIPAL AMORTIZATION SCHEDULE MATURITY DATE ŒEBRUAE.Y 1) 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 '1:,7." /;;S:x.I~-I)(1()'d\-1.(JAN _\(¡IU:.I;; ~JU'1tj ~ ¡Al.l¡U~'1 ATTACl-LViENT A TO SCHEDULE 1 ~022 ....., MA TURITY A.v1QUNT ($) O~:11iOO FRI 12:46 FAX 904 3562986 SQUIRE SANDERS&DE~PSEY ~023 , . '-' "'" SCHEDULE 2 ADJUSTMENTS TO INTEREST RATE IN CERTAIN EVENTS The rate of interest on this Note (the "Fixed Rate") sban be adjust~d, as set forth below, in the event of a change in the qualified tax-exempt status of the Note, the maximum corporate tax rate, or the preference reduction rate, Interest Rate ¡fNote Becomes Taxable. If the Note is deemed a aqualified tax-exempt obligation" whereby the interest earned on the Note is excluded from die gross income of the Registercd Owner when detennini!1g Federal and State tax liability, and the Noie is issued at a tax exempt rate but later th~ interest on the Note becomes tnxable (i,e., ceases to be a "qualified lax-~xempl ob1igation") for whatever reason, then the Note will bear interest from the earliest cíIcctivc date as of which interest payable 011 the Note is includable in the gross income of tbe R~gisteTed Owner at a íixed rate of 8.50%. The COW1ty shall also pay any éldditions to tax, penalties, and any interest on the Note and its gross income for Federal Income Ta.x pW"pose~. and any arrr~æs in interest resulting from such a determin<1tion of taxability, Any penalties in the form of interest or otherwise shall be paid by the County on the next succeeding interest payment date, 111~ Fixed Rate shaU be adjusted automatically as of the et1ectivc datc of any change in th~ Maximum Corporate Ta.x Rate, prt:5ently 35%, or ic the Preference Reduction Rate, presently 20% (hereinafter detilled), based upon the following calculations Provided, however, if the Note is not a qualified tax-exempt obligation witì.in the meaning of Section 265(b)(3) of the Cude un tb.!: Date uf I~~ut:;, or if the Note at any time ¡;ubsequent to funding no longer qualities as a :'Qunliììect Tax-Exempt Obligation," then the Prefercnce Reduction Rate (hcreinalter defined) shall be adjusted as of the Date of Issue or as of sllch subsequent date, as the case may be. Upon the occurrence of any of the foregoing events, the Fixed Ra~c shall be adjusted to the product obtained by multiplying the Fixed Rate by a fraction, the numerator of which is t'llllaI La the sum of (i) the produl:l of the "Fully Ta,x<1ble Equivalent" limes one minus the Maximum Corporate Tax Rate in effect as of the day of adjustment, plus (ii) the TEFRA Adjustment (hereinafter detined) in effect as of the datc of adjustment, and the denominator of ....vhich is equal :0 tbe Stu11 of (i) the product of the "fuHy T<1xable Equivalent" times one minus the Maximum Corporat~ Tax Rate in effect as of the Date of Issue plus (Ii) the TEFRi\ Adjustment in effect as of the Date ofIssue. F~r the purpose hereof: (1) "TEFRA Adjustment" means an aJjusll11t::l1L equëJ1 to the product of the following: Cost of Funds multiplied by the applicable Max.imlU11 Corporate Tax Rate multiplied by the applicable Preference Reduction Rate; (2) "Cost of Fur.ds" means one hlU1dred (100) l11ulripJied by a fraction, the numerator of which is equal to the total imerest Çxpense of SUl1'frust Banks, lnc" for the immediately preceding tax yeaI' and the denomlt'lawr of which is equal to tlle average total assets of Sl.U1Trust Banks, lne" but at no time 'Ail! be SCHEDULE 2-1 01 :1'00 FRI 12:48 FAX 904 3562986 , SQUIRE SANDERS&DE~PSEY ~02'¡ ( , ~ 'wi determined to exceed lÌ1e COiit of Fed Funds; (3) "Preference ReductiO!l Rate" means the percentage reducti{)ll to be applied to LÌ1ë amount allowable as a deduction under Chapter I of the Code \-'lith respect tö any financial institution preference item (as such teml is deñned Î.l1 Sectíon 291(e) of the Code); an.d (4) "FtJly Taxable Equivalent" mcans (j.47% expressed as a number and nor as a percentage (for example, if the "Fully Taxable Equivalent" is 6%, the Fully Taxl1blc Equivalent is six (6». SCHEDULE 2-2 (J~ ::?l/OO FRI 12: 48 FA! 904 3562Q86 (. '-' SQUIRE S~~DERS&DEMPSEY ....., ~025 SCHEDULE 3 RECORD OF ADVANCES AND PAYMENTS 12.:\ TE AMOUNI($) DESCRlPTION CAD V ANCE, PRINCTP AL fA YMENT. L"'JTEREST PAYMENT) PRINCIPAL BALANCE OUTST ANDD\JG($) 01/31/00 $ Requisìtion No. 1 $ ~ :."'1/ ~~·).;JZ·¡.t;"'lÌ2:;" ·I.OX~ lu,";R~t! ~OUTn $Tj~Drt;~( SCHEDULE 3-1 (!1~21'IJO FRI 12: 49 F.U 904 :1562986 " \.; ~~7Jvt.'2S901·(J(),):W"'·t,~A:-; Ar.RlIt: SCL'm STAD!L;M SQUIRE SANDERS&DEMPSEY !4J 026 ...." EXHIBIT B COMMITMEÌ\¡~ LETTER B-1 01121.00 FRI 12:49 FAX 904 35629'16 SQUIRE Sk~DERS&DEMPSEY ~g¡( 2i " \w' "will EXHIBIT C FORM OF REQUISITION LOA.N· AD V ANCE REQlTEST From: St. Lucie County, Florida To: StmTrl.lst Bank W cst Palm Beach, Florida Date: Requisition No.: Under the tem1S of the not exceeding $410,000 Improvement Revenue Note, Series 2000 (South County Regional Stadium), dated January 31, 2000, and the Loan Agreement related thereto, St. Lucie County, Florida, hereby requests an advance in the mTIOlmt of $ to be credited to the account of the undersigned, account # on '-' The principal baJance of the Loan outstanding prior to this Request is the SlL1'J1 of $____---' and the principal balance of the Loan outstanding after this Request wi1l be $. , which i:s less than $410,000, the ma.ximum amount that may be olJtstanding ..--- L:.."1der the Loa.,,'"1, ST. LUCIE COUNTY, FLORIDA By: County AdrníllislIator ·~:7J" 1.I:~~ ;2-()(){I~~/.~·L:).A N AGR,}~£, SOUnf ST,", on ~\1 D-1 ". , , V1 401 ),t 5859 WI( R HOUGH - ORL ...".¡ ;)UI1IKU:H !SANA ~O. ...~ TEL: 561 835 2640 Ij 002/005 P. 002 , ~1/13/00 12:31 . ..lIftl'.-n UU\lur.I 1~;H ...TIwI....... ............ 11 -AI. IINaI far,.."""" SI'J1 So.IIII AiøIIr Qi\e. 2nd Reg .,. PIn s.dt. R.33I01 Tel.,. Si5-215Ø4 SUNTRUST January 11. 2000 SUBMITTED TO: Mr. HaNey M. Lincoln Management and Budget Administration 2300 Virginia Avenue Fort Pierce, Florida 34982-5752 Mr. Bill Leedy Wdllam R. Hough & Co. 225 E. Robinson Sl Suite 465 Orlando, Flcñda 32801-4322 Dear Mr. Lincoln and Mr. Leedy: SunTrust Bank. South Florida. National Association (Bank) is preased to submit the following cornmitmentto rend to St. Lucie County. FI. (Borrower) under the following terms and conditions: 1. FacU~: Up to $410,000 term foan The issue Is antic;pated to be a If Tax-Exempt Obligation" (non bank qualified) for purposes of section 265 (b)(3)(B) of the Intemal Revenue Cede af 19S6. 2. Securitv: The facility will ~ be secured by a covenant to budget and appropriate from any available non ad valorem revenues of the borrQwer. 3. Interest Rate: At the time of acceptance of this proposêll the borrower must choese an option. Option A: A fixed rate to be set at the close of business one day prior to funding based upon a formula of (the current ask yield 0" the 7 year Ubor swap rate- as , , ~ 01113/00 12: 48 1r1 407 ~ 5859 Ii 0031003 WI( R HOUGH - ORL """'" $410,000 St. Lucie County, Florida Partial Funding for Proposed South County Regional Stadium Results ofR.equest For Proposal ¡___u__ --- ----- -- - - - -- -- ----~ -------,---- ----- I . ---=-=-=-_1 __ _~__--;-~ _ -- ~_~~ _ _ __ \. -~ . - - . 0 -~. 'and 6 69 2 0 00 10 ear First Nati na1 Bank Trust Company . . y First Union National 7.20 based an Five NODC 10 years Bank Year TIC8S1JI'y plus 7S basis points National Bank 6.59 based onl 0 year $1,000 10 years Treasury plus 22 basis points -SunTrust Bank 6.45 based on LIBOR $2,000 10 years index, or 6.49 if closed prior to February 1, 2000 -;,' ,-' ., 01/13/00 12:32 IAN. -U" uunUIH u:u 'Zt1 407 "'2 5859 ~U"I~U~a D"~ß QU. r~ WK R HOUGH - ORL '-" ...""---... --- --..- iii 004/005 31:. .Lucio c:.uaqr, .1. Jadlla~ 1.&.. 2.8. '... a J imerest 0,.. the ban and Its gross Income for Federal Income TEDt purposes. and any arrears in interest resulting from a determination at taxability. Any penalties in the form af interest or otherwise shall be paid by the Borrowrer on the next succeeding interest payment date. 12. Mitraae Respq~slbnity~ The BoITOwer shall assume whatever responslbfUty and take whatever action is necessalY to assure that the loan wiD nat constitute an "Arbitrage Laan" under the provisIon of Section 148 of the Code. Addition;¡lrý, the Borrower shall covenant to tornply with any and all rebate requirements contained in Sedlon 148 of the Code. 13. tnteråst Bate ~1w:n~orL If required. the Borrower shaD take whatever action is necessary in order fa comply with the provisions of Sedion 215.84, Florida Statutes. relating to maximum rate of interest including. but not limited tal the filing of a request with the State Board of Administration for authoñzatlon of the Interest rate provided herein, if such interest ratt Is In excess qtif'le maximum rate. 14. The Borrower shall camply with and agree to such other covenants. terms, and conditions. that may be reasonably required by the Bank and Its counsel and are customary in municipal flnancings of this nature. These covenants would include. but not be limited to, cavenan1s regarding compliance with laws and regulations, the submission of audited financial data to the Bank in a timely manner, events of default including falnure to make payments. failure to perform any covenant. and the filing of bankruptcy by the Borrower; and remedies in the event of default, Jncluding acceleration. 15. The final loan cfosing will be condltion~ ",pon the accuracy of information provided to the Bank by the Borrower and the continued fmancial strength of the Borrower. . Any misrepresentation or false statement of material fashion made by the Bo"ower to Induce this bid ar any material adverse change in the financial condition of the Borrower will be sufficient cause for thé Bank to terminate this còmmitment. 16. The Bank at its sole discretion will be allowed to assign or participate all of any portion of this debt obligation to any ather financ:ial institUtion or accredited in\lestor. 17. The Bank will require an opinion from a qualified Bond Counsel regarding the bank qualified, tax-exempt status of the note$, yalidity of issuance, enforceability of documents, and other pertinent issues. this commitment ¡. subject to all docum.ntation for the bonda contemplated by this commitment being reviewed and accBpted in form and 8ubstance by the Bank and its Counsel. ..' 4 ~ 4S72vl/28902·00082/R·AUTH -NOTE SOUTH STADIUM '-' """'" ATTACHMENT II TABULATION OF BIDS 7 i c 01/13/00 12:48 '> ) 'lt1 407 \Iw! 5859 WI( R BOUGH - ORL -...I ItJ 002/003 William 1 Hou!h 'Co.8 LANDMARK CENTER II SUITE 485 225 E. ROBINSON STREET ORLANDO, FLORIDA 32801 (407) 422-5151 · FAX (407) 422-5658 January 12.2000 Mr. Harvey M. Lincoln Management and Bud¡et Managa- 2300 Virginia Avanue Fort PiéI'Ce, FL 34982-5652 Re: St. Lucie County, Florida, South County Regional Stadium Dear Harvey: St. Lucie County is proceeding toward the çemstructian of the South County Regional Stadium. This project wiD be a combined effort ~n St. Lucie County. tho St. Lucie County School Board and St. Lucie West Development Corp. On January 11.2000, the County received proposals fiom local banking institutions tD provide a $410,000 loan to finance a portion of the total cost of the stadium. This loan will be issued by St. Lucie County on behalf of the St. Lucie County School Board. The School Board will actually pay the annual principal and interest on the loan. pursuaat to an Jntm'1ocal Agreement with the County. The results of the RFP are Jisted on the enclosed attachment SunTrust Bank appears to have the lowest and best bid. offering the County a choice of a 6.45% rate (whkh will float, based on the LIBOR index, until it is lœked in at closing), or a known rate of 6.49% which is not based on any changing index. The cover bid of 6.s9D,Æ. wø submit1led by NationsBank. We recommend that this partial loan for the South County Regional Stadium be awarded to SunTrust Bank. Please call if you need any additional information. Sincerely, M ~t -PfXf-£ Loomis C. Leedy, m Enclosure LCL:mJcr INveSTMENTS SINCE 1962 MEMBER NASD I 51PC .. ,,-' 0.1113/00 1%: 31 <I _ UIII'. . Il. UU\lUIi, ,oJ·.1t 1f1 407 \.....r! 5659 ;)UI1I1ftí~ I DIII'I\ ~u. WJI R ROUGH - ORL .........J r~ T~~Þl ø~~ lb40 IaJ 003/005 P. 003 quoted by Bloomberg's plus .75%)11.22. As of today. the current rate would be 8.45%- Option B: A fixed rate of 8.49% to be held until closing on or before February 1, 2000. Under both options there would be no prepayment penalty. -The swap rata Is the fixed rats far an interest J'2ItB s_p where the Bank pays a fixed rate and raceives 8 ftcatlng rate crt the 3 nICInlh libor. 4. ReDa~ment Terms: Annual principal and semi-annuar Interest payable over a perfod of ten years. The first interest payment would be due September 1. 2000 and the first principal payment would be due February'. 2001. The Final maturity of the loan would be Febl1.lsry 1. 2010. 5. lqan Fees: None 6. Bank Counsel Leaal F~~ $2,000 to revfew documents prepared by Squire ,Sanders. and Dempsey. 7. Pur:pose: To provide the partial fundIng for the construction of the South County Regional Stadium. 8. JJ§.bursement af Bond Proceed!i, shall be within the control of the Borrower provided. however. that the Borrower shaD not apply any of the proceeds of the loan for a purpose other than as set fcrth in the bid proposal. 9. Debt service ~veraqe: . The borrower III be required to maintain a debt service coverage ratIo of at least 2X. 10. Inte~st shall be glcuJated on a 30/360 basis. Interest Rate if Loan Becomes Taxa~r't If the loan is deemed a 'Tax-Exempt Obligation- whe'reby the interest earned on the loan is excluded from the gross income of the Bank when determining Federal and State tax liability, and the loan is issued at a tax exempt rate but rater the interest on the loan becomes taxable (i.e.. ceases to be a uTax-Exempt Obligation") for whatever reason, then the loan win bear interest fram the earlæst effective date as of which interest payable on the roan is Incl~dable in the gross income of the Bank at a M)(ed Rate per annum equal to 8.5% The Borrower shall also pay any additions to tax. penalties, and any 11. .~. ~ .. D1/13/00 1%: 32 1fl 407.U 5859 Q R HOUGH - °Rf-Q~l g",,, U"lV .,. JAl- U' QOITUEI 13: 15 SUIHltWf ISA~l\ :SU, f~ IiI005/005 , . V"" -- Se. 1.aIçb ~. ,.L. .7o'11mIUI" U. ;loaD hga .. 18. legal Fees: All attorney's fees shall be the responslbiflty of the Borrower including Borrower'. attörney's. Bond Counsers, and Bank's counsel's fees. The Borrower may provide it's own Bond QOunsel acceptable to the Bank. The Borrower agrees that should this loan fail to close for any reason other than the arbitrary refusal of the Bank, that the Bank shall be entitled to be reimbursed for .11 of its out-of-pocket expenses, including casts and reasonable fees Incurred by the Bank's coLlnsel. The Borrower understands that such expenses shall be due and payable upon receipt of the billing statement 19. WAIVER: THE MAKER. BY EXECUTION HIREOF. AND THE LENDER. BY ACCEPTANCE HEREOF. IIUTUALL Y AND WlLUNGL YWAIVE THE RIGHT TO A TRIAL BY JURY OF ANY AND ALL CLAIMS MADE BETWEEN THEM WHETHER NQW EXISTING OR ARISING. IN THE FUTURE. INCLUDING. WITHOUT LlMfTATlON.ANV AND ALL CLAIMS, AND INTERVENOR'S CLAIMS WHETHØR ARISING FROM OR RELATED TO THE NEGOTIATION, EXECUTION, AND Pa¡FORMANCE OF· THE TRANSACTIONS TO WHICH THIS COMMITMENT RELATES. THIS COMMITMENT LETrER OuruNES THE GENERAL TERMS AND CONDITIONS OF THE PROPOSED LENQJNÇi.AGREEMENT BETWEEN ST. LUCIE COUNlY. flORIDA AND SUNTRUST BANK. SOUTH FLORIDA, NATIONAL ASSOCIATION. IF THIS OFFER IS NOT ACCEPTED BY THE COUNTY COMMISSION ON OR BEFORE: FEBRUARV 1. 2000 THE OFFER WILL EXPIRE UNLESS EXTENDED BY THE BANK. IF AcCEPTED, THE FACILITIES MUST CLose BY FEBRUARY 15, 2000. d if We sincerely appreciate the opportunity to serve st Lucie County and look forward to hearing from you. Please sign below upon acceptance and return the original to my attention. If you have any questions please call me at (561) 835-2649. Sincerely, c;(~ :(" £Jo~~ Leslie L. Downs . Vice President 01/24/00 ST í ~IE COUNTY - BOARD ...., PAGE 1 FZABYARR \TARRANt LIST #17- 15-JAN-2000 TO 21-JAN-2000 FUND SUMMARY FUND TITLE EXPENSES PAtROLL " 001 General Fund 150,314.59 271,790.81 001001 Recreation Special ¡vents 1.03 0.00 001125 TC Community Action ¡ Agency FY 99/00 36.69 508.00 001126 Section 112/MPO/FHVA Planning 99/00 374.57 4,088.96 001246 99/00 Emergency Mgmt. Prep & Assist 1,983.00 0.00 001247 99/00 Hazardous Matèrial Grant 823.00 0.00 001805 SFWMD/SLSYCD EQIP Program 147.90 0.00 101 Transportation Trust Fund 48,791.97 90,561.80 101001 Transportation Trust Intetlocals 180.00 0.00 101002 Transportation Trust/80% Constitut 400.00 0.00 101006 Transportation Trust/Impact Fees 17,339.00 0.00 102 Unincorporated Services Fund 6,003.54 36,272.55 102001 Drainage Main tenancê MSTU 1,131. 76 3,001.64 105 Library Speciàl Grants Fund 141.89 1,956.79 107 Fine & Forfeiture Fund 84,409.25 59,404.66 107106 DOJ-Local Law Enforèe Block Grnt 98 1,498.10 0.00 121 Blakely subdivision'Fund 64.61 0.00 140 Port & Airport Fund: 2,298.94 6,595.20 160 Plan Maintenance RAb Fund 5,501. 76 2,111.84 170 Court Facilities Fuftd 110.00 0.00 182 Environmental Land Acquisition Fund 2.97- 0.00 183 Ct Administrator-19th Judicial Cir 660.13 5,961.80 183001 Ct Administrator-Arbitration/Mediat 128.50 1,776.52 183004 Ct Admin. - Teen Court 72.88 2,396.14 183209 Article V Trust for'Criminal Court 7,308.00 0.00 185203 FHFA-SHIP 98/99 , 11 ,096.81 0.00 "- 185204 FHF A SHIP 99/00 44,385.06 1,269.60 186 Recycling Operating'Fund 200.30 1,612.20 186203 Recycling & Educati6n 99/00 88.96 1,111.00 316 County Capital , 7,196.85 0.00 382 Environmental Land Capital Fund 29,000.00 0.00 401 Sanitary Landfill Fund 46,862.06 27,085.73 418 Golf Course Fund ! 12,153.81 20,533.98 421 H.E.Y. Utilities Fuftd 32.53 463.98 441 North Hutchinson Istand Utilities 1,144.76 2,844.05 451 S. Hutchinson Utilities Fund 215.71 2,933.55 461 Sports Complex Fund, 21,212.18 5,826.94 491 Building Code Fund ¡ 1,956.76 13,846.44 501 Automated Services Þund 10,802.24 61,002.57 505 Health Insurance FuAd 146,722.78 2,866.41 505001 Property/Casualty Iðsurance Fund 2,496.00 0.00 510 Service Garage Fund~ 3,724.93 7,209.44 611 Tourist DevelopmentlTrust-Adv Fund 3,596.79 2,871.81 625 Law Library !n 560.00 0.00 630 Tax Deed Overbid Ag cy Fund 12,655.52 0.00 GRAND TOTAL: 685,822.19 637;964.41 " 01/24/00 ST. '-eIE COUNTY - BOARD "-' FZABVARR VOID LIST' 17- 15-JAN-2000 TO 21-JAN-2000 FUND: 107 - Fine & Forfeiture Fund ClÌÊCK INvottE VÉNOOR ¡ 00252270 12005097 Quality Copy Acquisition Corp FUND TOTAL: TOTAL 284.30 284.30 '.... '" PAGE 1 ...,' d- '-' AGENDA REQUEST ~ ITEM NO. C-2a DATE: Jan. 25,2000 REGULAR PUBLIC HEARING CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey Lincoln SUBJECT: New Position Request #PSOO-033 and Budget Resolution #00-31for a grant awarded to St. Lucie Soil & Water Conservation District from the Department of Environmental Protection in the amount of $55,000. BACKGROUND: Due to limited administrative and financial resources, St. Lucie Soil & Water Conservation District does not maintain an accounting system to handle grants. St, Lucie County BOCC has been assisting SLSWCD with the fiscal administration of certain grant projects for a fee equal to 5% of the awarded funds. Currently, we have two such grants: Well Monitoring (001804) and Well Decommissioning (001805). The role of St. Lucie BOCC is limited to setting up budgets, receiving revenues and disbursing funds from the grants. On 1/18/00 St. Lucie BOCC made a commitment to help with a new grant, Urban Mobile Irrigation Lab, which combines funds for irrigation systems evaluations and for a Urban Mobile Irrigation Lab Team Leader. The grant employee's payroll will be processed through the St. Lucie County accounting system. FUNDS Will BE AVAILABLE: 001252-3720-334391-300 FDEP Urban MIL Grant PREVIOUS ACTION: Inter-local agreement with St. Lucie Soil & Water Conservation District regarding Urban MIL Grant has been approved by the St, Lucie BOCC on 1/18/00. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution # 00-31 to appropriate and expend funds from FDEP Urban Mobile Irrigation Lab award, and approve a new Position Request #PSOO-033 for an employee funded from the grant. COMMISSION ACTION: RRENCE: [X] APPROVED [] DENIED [ ] OTHER: Doug Anderson County Administrator County Attorney: XX ~/ f Coordination/Sionatures / Management & Budget' XX /f/¡'!¡;o/ (!j Purchasing, Originating Dept: Public Works: Other: ,", Finance: (Check for Copy only, if applicable) XX G:\BUDGE1ì WP\AGENDA'S\AgendaOOI! '25UrbanLab _grant. wpd '-' RESOLUTION NO. 00-31 '..,/ WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Environmental Protection in form of a grant for the Urban Mobile Irrigation Lab awarded to the St. Lucie Soil and Water Conservation District. On 1/18/00 St. Lucie BOCC approved an inter-local agreement to assist the District in the fiscal administration of the grant. 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 25th 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 001252-3720-334391-300 Department of Environmental Protection $55,000 APPROPRIATIONS 001252-3720-512001-300 001252-3720-549110-300 001252-3720-552000-300 001252-3720-540000-300 Salary - New Positions General & Administrative Fee Operating Supplies Travel $42,700 $2,750 $8,681 $869 After motion and second the vote on this resolution was as follows: Commissioner John D, Bruhn Commissioner Frannie Hutchinson Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Paula A. Lewis PASSED AND DULY ADOPTED THIS 25TH DAY OF JANUARY, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\BUDGE1ì WP\AGENDA'SlAgendaOO\! '25UrbanLab _grant, wpd U) 0::: w Zo 00 - I U)a» U)a» -a» :::!!:- :::!!:o::: 0< ow >->- 1-...1 Z< :Jo OU) oj¡ Uoo::: 00 cUo 0:::1- <U) Ow m:J >-0 I-W zo::: :JZ 00 o¡:: W- .U) õO :JD.. ...I .,..: U) CI) ~ c w c z w :E :E o CJ w e:: I- Ü ~ CI) c ~ o ¡:: § 8J CI) ~ o Ü a:: ~ ~ C/S :::! o CI) !:!:! Ü :::> -J I- CI) c w > o e:: a. a. c( ~ z w :E l- e:: c( a. w c z o Cñ :> c 8J a ~ -J :::ï: W5 ~ a) :5 ~ o ¡:: ~ ëE Q; \.lJ :::! a) o :::ï: ~ ~ a:: :::> W ..J I- ~ Z o ~ Cñ o a. w c o CJ co o .., o o o 0" (Y) ~ ).: e:: ~ c( en 10 ('I,¡ w C ~ C) >- c( a. W ..J c( CJ en >- c( a. co ,... ,... (Y)- ,... ~ en I- ¡¡: W Z W co I- W C) C ::) co ..J c( I- o I- E e: O¡ e a.. -Q <0 -J I:: ,0 ~ .~ ~ Q) :ð ~ I:: <0 -e :::> '- .E 1: e: O¡ <0 "§¡ ::J e £ I:: " g~ <.:I I:: ~~ e- o.. 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'..,/ Page 1 J JOB CODE PAY GRADE 25 PAGE 1 OF 2 URBAN MOBILE LAB TEAM LEADER MAJOR FUNCTIONS: Perform all aspects of the field evaluations of irrigation systems; prepare necessary reports needed by the management team for the grant organizations; attendance and presentations to assigned meetings. KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTIONS OF THE POSITION: Knowledge: Knowledge of irrigation system design and operation, compute data analysis and skilled in the use of computer hardware and software, i.e. word-processing and spreadsheet. Abilities: Ability to review, compile and analyze data. Ability to speak clearly and present oneself in an administrative manner in order to deliver presentations and meetings. Ability to schedule resources and manage time wisely. ESSENTIAL JOB FUNCTIONS: Perform all aspects of the field evaluations of irrigation systems, i.e. scheduling appointments with prospective clients, measuring, pressures and flow rates, analyzing the collected data for uniformity rates, writing the client report containing the results and conducting follow up assistance. Prepare quarterly and annual reports that are submitted to the granting organizations. Prepare and deliver presentations to St. Lucie County Public and Private schools, grades pre-K to 12th, on water conservation as part of a conservation education program. Prepare and deliver presentations to homeowners' associations and community groups on water conservation education and the services of the Urban MIL. Attend industry related training and committee meetings to keep up to date on technology associated with Urban MIL. As an employee of the SLSWCD, (St. Lucie Soil and Water Conservation District), the MIL Team Leader would also perform occasional duties with other employees of the District and USDA Natural Resources Conservation Service such as attend SLSWCD Board meetings, assist in grant writing and preparation, and staffing displays at various public events. All other job-related duties as they are assigned. ESSENTIAL PHYSICAL SKILLS: Usage of computer keyboard and mouse; manipulating and operating field instruments; Hearing for normal conversation, meetings and telephone conversations. Ability to speak in public. Near vision for reading computer screens, pressure gauges, etc.; Driving to and from meetings and field sites. ENVIRONMENT AL CONDITION REQUIREMENT: Office and field work required. SAFETY EQUIPMENT USED OR NEEDED: The use of seat belt within assigned vehicle. . I Maria G~rniewicz - MÖBILË~B~~pd . :,,==-==: '::=:'-====:'.~ ~:=: =--=-. .:.~~, - '-' ---...: ....,.¡ = " Page 21 EDUCATION: High School diploma or equivalent. Proficiency in math and writing skills. JOB CODE: PAY GRADE: 25 PAGE 2 OF 2 URBAN MOBILE IRRIGATION LAB TEAM LEADER EXPERIENCE: Minimum of 5 years experience in a combination of engineering procedures and in irrigation or a related field. LICENSE, CERTIFICATION OR REGISTRATION: Valid Florida Driver's License is required with a good driving record. THIS POSITION IS FUNDED BY A GRANT FROM THE ST. LUCIE SOIL AND WATER CONSERVATION DISTRICT AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. ITS CONTINUANCE IS CONTINGENT UPON ITS FUNDING ON A YEARLY BASIS. , 1 t '-' AGENDA REQUEST '..,/ ITEM NO. C-2b .)r~ DATE: Jan. 25,2000 REGULAR PUBLIC HEARING CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey Lincoln SUBJECT: New Position Request #PSOO-031 and Budget Resolution 00-30 for a grant awarded to St. Lucie Soil & Water Conservation District from the South Florida Water Management District in the amount of $62,500. BACKGROUND: Due to limited administrative and financial resources, St. Lucie Soil & Water Conservation District does not maintain an accounting system to handle grants. St. Lucie County BOCC has been assisting SLSWCD with the fiscal administration of certain projects for a fee equal to 5% of the awarded funds. Currently, we have two such grants: Well Monitoring (001804) and Well Decommissioning (001805). The role of St. Lucie BOCC is limited to setting up budgets, receiving revenues and disbursing funds from the grants, On 1/18/00 St. Lucie BOCC has agreed to help with a new grant, Floridan Aquifer Well Monitoring Network Program, which combines funds for well monitoring projects and for a Field Hydrogeologist. The grant employee's payroll will be processed through the St. Lucie County accounting system. FUNDS WILL BE AVAILABLE: 001807-3720-337310-300 SFWMD Floridan Aquifer Grant PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution # 00-30 to appropriate and expend funds from SFWMD Floridan Aquifer Well Monitoring award, and approve a new Position Request #PSOO-031 for an employee funded from the grant. [X] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attorney: XX ,Cìý ~/4) coordination/Siana~mrn~l,l/ Æo Management & Budget: ~ Purchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) XX G:\BUDGE1ì WP\AGENDA'S\AgendaOO\ 1'25 FloridanAquifer _grant wpd '-' RESOLUTION NO. 00-30 '..,/ WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the South Florida Water Management District in form of a grant for the Floridan Aquifer Well Networking Program awarded to the St. Lucie Soil and Water Conservation District. On 1/18/00 St. Lucie BOCC approved an inter-local agreement to assist the District in the fiscal administration of the grant. 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 25th 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 001807-3720-337310-300 South Florida Water Mgmt - Phys $62,500 APPROPRIATIONS 001807-3720-512001-300 001807-3720-549110-300 001807-3720-549400-300 Salary - New Positions General & Administrative Fee Water Quality MonitoringlTesting $42,600 $3,125 $16,775 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn Commissioner Frannie Hutchinson Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Paula A. Lewis PASSED AND DULY ADOPTED THIS 25TH DAY OF JANUARY, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\BUDGE1ì WP\AGENDA'S\AgendaOO\ 1'25 FloridanAquifer _grant. wpd en ~ w Zo 00 - I en a') en a') -a') :E..... :E~ 0< Ow » I-.J Z< :JO oen O¡¡ LL~ 00 eLL ~I- <en ow m:J >0 I-w Z~ :JZ 00 0- ,I- w- _en 00 :JQ. .J ~ en CI) ~ c w C z w ::æ ::æ o o w 0::: I- ü ~ CI) Q :c: o ¡:: § ffi CI) :c: o ü a::: ~ ~ að :::! o CI) ~ ü ::> -J I- CI) ä w > o 0::: 0. 0. -< .=.: z w ::æ .... 0::: -< 0. W C z o ëñ :> i5 I- CI) <5 o -J o l.U <!> o a::: ~ :t I::) ~ ü.i ..J .... ¡:: z o ¡:: ëñ o 0. w c o o In o "") o o o 0" (¥) ~ ~ :5 -< en LO C\ co (¥) co (¥)" ~ ~ ~ ~ I'-. aì C\ ~ ~ ~ Q) :c: 0> 'ê .9 ï:: o ~ ~ .... .æ '::; ~ « I:: -§ ï::: ~ .... .Q .... I:: ~ 0> ctJ ~ :J e £ ~ . êi)~ õ § ....,.;;;; ~ê: E ~ Q) 0> O>Q) ê£ ctJ..... ~ 0 ....~ Q) '- ~~ ctJ ctJ :g iõ o Q) ü:£ ..c:: I:: ::¡ 0 0.... 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'-' ..., JOB CODE PAY GRADE 25 PAGE 1 OF 2 FIELD HYDROGEOLOGIST M..-\JOR F1JN"'CTION: Participates in regional and area studies of ground water resources, Takes active role in implementing and managing ground water monitoring well netvlorks, Conducts hydrogeologic field data collection as required involving daily trave~ maintains, calibrates, and tracks associated field equipment. Documents work through formal correspondence, technical memoranda and reports, KNOWLEDGE, ABILITIES Ai\TD SKILLS :N'"EEDED TO PERFORJ."r THE ESSENTL.\L JOB FUNCTIONS OF THE POSmON: Knowledge: Knowledge of hydrogeologic principles and inter-relationships including the hydrologic cycle, evaporation, precipitation, runoff; stream flow, soil moisture, ground water flow, ground water occurrence, water chemistry, and ground water development. Basic knowledge of field methods used in hydrogeologic data collection and research and associated instrumentation and quality assurance/quality control procedures, Knowledge of monitoring well netvlorks including purpose and implementation. Should be familiar with maintenance and calibration of scientific field data collection equipment along with being skilled in the use of computer hardware and software for analysis and publication of hydrogeologic information. Familiar with data entry programs (Lotus, Excel, etc.) for inputting and orgarùzing data into appropriate databases. Abilities: Ability to compile, review (QAfQc) and analyze data, and manipulate the information into tabular and graphical formats. Ability to build and maintain effective interpersonal relationships among co-workers and supervisors. Ability to be self-managing and exercise independent judgment to the degree appropriate for the situation; being able to recognize and use inductive and deductive reasoning and to-recognize errors in reasoning. Being able to identify and solve problems. Being able to weigh different sources and draw reasonable conclusions. Being able to determine when action is necessary and to develop an appropriate plan. Ability to schedule resources and manage time to meet assigned deadlines. ESSENTIAL JOB FUNCTIONS: Maintenance, management and optimization of the regional ground water monitoring, and the downloading of electronic water level recorder, collection of flow meter readings, and collection of field specific conductance data monthly, Documents field observations and maintains accurate field records. Compiles, organizes, reviews, and analyzes the data including preparation of tables and graphics using PC-based software. Assist in documenting as ground water conditions through periodic reports. Supply ground water data, activity updates, preliminary analysis results, technical interpretation., and resource management perspectives on such issues/characteristics as ground water levels, flow meter readings, field water quality data, etc, to other divisions, departillems, and govem.ment agencies. ,--. '-" """" JOB CODE PAY GR.WE 25 PAGE 2 OF 2 FIELD IDl)ROGEOLOGIST ESSENTIAL PHYSICAL SKILLS: Usage of computer keyboard and mouse; manipulating/operating field insw.u.ments, Sitting at desk, computer terminal, in meetings, and in a vehicle; speaking via telephone and in meetings to supervisors, co-workers, other employees, and public, Hearing for normal conversation., meetings and telephone conversations. Near vision for reading computer screens, flow meters, and water quality instruments. Driving to and from . meetings and field project sites; Lifting for picking up equipment, boxes of supplies and coolers of water quality samples (up to 40 pds.) And loading/transporting them to and from storage areas and vehicles, Bending and kneeling for sample collection, flow meter readings, and dovroloading data from electronic water level recorders. ' ENVIRONMENTAL CO~l)mON REQUIRE:MENT: Office and field work. Field work (field sample collection, flow meter readings, etc.) is conducted periodically throughout the year, sometimes under adverse wea.ther conditions (hot, humid, wet), Travel to remote locations in a 4-wheel drive vehicle may be required from time to time to conduct field activities and will involve daily excursions throughout St. Lucie County. SAFETY EQ'lJIPiYŒNT USED OR NEEDED: The use of seat belt within assigned vehicle, EDUCATION: High School diploma or equivalent EXPERIENCE: Two (2) to seven (7) years applied experience. ilCENSE, CERTIFICATION OR REGISTRATION: Valid Florida Driver's License with good driving record. THIS POSmON IS F'1Thl)ED BY A GR.\...i'.Iì FROM THE SOUTH FLORIDA WATER MANAGE:MENT DISTRICT. ITS CONTINUA..7\¡'CE IS CONTINGENT UPON ITS FUNDING ON A YEARLY BASIS. .:.. ~ ~ '-' '..,/ \ AGENDA REQUEST ITEM NO. c-3A DATE: 1/25/00 REGULAR [] PUBLIC HEARING CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Leisure Services Mike Leeds SUBMITTED BY (DEPT) : SUBJECT: Agreement Arnendment- New Year's Eve Celebration at the civic Center. BACKGROUND: On November 2, 1999, the Board approved the lease agreement with St. Lucie Battery and Tire, the Country Store Restaurant for use of the Civic Center to hold a New Year's Eve Dinner-Dance. At the time, all parties expected to draw 2,000 people for the event requiring use of the "full hall" at the Civic Center. Therefore, when the lease was written, a clause concerning compensation was written stating that the lessee agreed to pay St. Lucie County 20% of the net receipts or $1,250 whichever is greater. The $1,250 figure is the normal rental rate for the full hall for an event that charges admission as this one did. However, actual attendance at the New Year's Eve party is estimated to have been 150-170 people and the full hall was not used. Only the "south hall" was prepared with plenty of room to spare. Because of this, staff is requesting an amendment to the lease agreement reflecting the use of the south hall only and reducing the rental fee to 20% of the net receipts or $600, whichever is greater. This new figure ($600) represents the standard charge for use of the south hall. Since the original lease was an amended version of the standard Civic Center lease and approved by the Board, any amendment should also be approved by the Board. RECOMMENDATION: Staff recommends Board approval of an amendment to the lease agreement with st. Lucie Battery and Tire and the Country Store Restaurant for the New Year's Dinner-Dance at the civic Center. [ X] APPROVED DENIED [ ] OTHER: Pulled for separate vote (3-2) (Coward, Hutchinson) as M. Anderson ty Administrator COMMISSION ACTION: County Attorney: ~4" ,12t? Review and Approvals Management & Budget Purchasing: Originating Dept. Other: Other: (~,Cî Ct - I \ - \ ( ~ '-' '..,/ ST. LUCIE COUNTY CIVIC CENTER LEASE THIS AGREEMENT, made and entered into this 2~ day of ('4...''1-......../-.;;-.. , 1999, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the County, and ST. LUCIE BATTERY &. TIRE AND COUNTRY STORE SUB SHOP, hereinafter called the Lessee, whose address is 5500 and 5520 Orange Avenue, Fort Pierce, Florida 34947. WIT N E SSE T H: That in consideration of the covenants and agreements herein expressed and of the faithful performance by the Lessee of all such contracts and agreements, the County does hereby demise and lease to the Lessee, and the Lessee does hereby rent and take as Lessee the St. Lucie County Civic Center located at Virginia Avenue and South Twenty-fifth Street, Fort Pierce, Florida, ("Premises"), and to be used for the purpose of holding a New Year's Eve Party - Dinner-Dance, "Party", and for no other purpose whatsoever without the written consent of the County endorsed on this Lease, for a period of one (1) day. Commencing at 8:00 a.m. on the 30th day of December, 1999 and ending at 8:00 a.m. on the pt day of January, 2000. The Project Manager for the County is Patti Raffensberger (561) 462-1528. The Project Manager for the Lessee is Dominick Collura (561) 461-5097. 1. The County shall furnish light for ordinary use only, accidents and unavoidable delays excepted; furnish water by means of the appliance installed for ordinary toilet purposes and for drinking fountains; furnish ordinary janitorial services; and furnish minimum house staff, all as determined by the Civic Center Supervisor. The County shall also assist in promoting and marketing the New Year's Eve Party. The Lessee shall furnish the following: ~ food, beverage and entertainment ~ security in such force as deemed necessary by the Civic Center Supervisor ~ printed tickets ~ other subcontracted services as desired, including T-shirt sales, flower sales and a photographer 2. Lessee agrees to pay to County as rent for the use of the Civic Center on the basis afrd terms agreed the following sums (checks payable to St. Lucie County): Twenty (20%) percent of the net receipts from the Party or one thousand two hundred fifty and 0/100 ($1,250.00) dollars, whichever is greater. 3. Such rent shall be paid in lawful money of the United States of America, Cashiers Checks or Certified Checks at the office of the Civic Center Supervisor of the St. Lucie County Civic Center. Lessee shall pay to County on demand any sum which g:\atty\agreemnt\lease\sl battery-country store -1- ., '-' ~ may be due to the County for additional services, accommodations, or materials furnished. 4. County agrees to furnish additional services, equipment, materials, technicians, etc., on the terms and conditions agreed to by the parties. 5. Lessee agrees to quit and surrender the premises to the County at the end of said term in the same condition as to the date of the commencement of this Lease, ordinary use and wear thereof only excepted, and to abide by and conform to all rules and regulations from time to time adopted or prescribed by the County for the operation and use of said facilities. 6. As consideration for the County's agreement to allow Lessee to use the Civic Center, Lessee agrees to defend, indemnify and hold the County harmless from any claim, demand, suit, loss cost of expense or any damage which may be asserted, claimed, or recovered against or from the County by reason of any damage to property or injury, including death, sustained of or in any way connected with the performance with this Lease and regardless of which claim, demand, damages, loss or expense is caused in whole or in part by the County or any of its officers, agents, representatives, guests, employees, invitees, or persons contracting with Lessee. 7. Lessee shall procure and maintain for the period of the Lease, at its own expense, the following insurance with the County named as an additional insured: (a) General Liability covering the premises-operations and the indemnity/Hold-harmless agreement contained in this Lease in amount of not less than $1,000,000.00 each occurrence for bodily injury and $3,000,000.00 aggregate. (b) Additional requirements, if any: \\ A valid certificate of insurance naming Board of County Commissioners as additional insured parties", is due two weeks prior to the event. Prior to any use of the Civic Center by the Lessee, the Lessee shall file with the Civic Center Supervisor evidence of the required insurance. 8. Lessee will comply with all laws of the United States and of the State of Florida, all ordinances of the City of Fort Pierce and St. Lucie County and all rules and requirements of the police and fire departments and/or other authorities of the City of Fort Pierce and St. Lucie County. Lessee shall obtain all necessary permits and license~ including union or trade organization clearances and will not do or suffer to be done anything on the premises during the term of this Lease in violation of any such laws, ordinahces, rules, or requirements, and if the attention of the Lessee is called to any violation on the part of the Lessee or of any person employed by or admitted to the premises by the Lessee, the Lessee will immediately cease the activity and correct the violation. 9. If the premises or any portion of the building during the term of this Lease shall be damaged by the act, default, or negligence of the Lessee, or of Lessee's agents, employees, patrons, guests or any person admitted to the premises by Lessee, g:\atty\agreemnt\lease\sI battery-country store -2- '-" ...." Lessee will pay to the County upon demand a sum as shall be necessary to restore the premises to their condition existing on the date of this agreement. The Lessee hereby assumes full responsibility for the character, acts and conduct of all persons admitted to the premises or any portion of said building by the consent of the Lessee or by or with the consent of any person acting for or in behalf of the Lessee. 10. Lessee shall not injure, nor mar, nor in any manner deface the premises, and shall not cause or permit anything to be done whereby the premises shall be in any manner injured, marred or defaced and will not drive or permit to be driven nails, hooks, tacks, or screws into any part of said building and will not make or allow to be made any alterations of any kind therein. Lessee will not post or exhibit nor allow to be posted or exhibit signs, advertisements, show bills, lithographs, posters or cards of any description inside or in front of or on any part of said building except upon the regular billboards provided by the County, and will post, or exhibit only the signs, advertisements, show bills, lithographs, posters or cards upon the billboards as related to the performance or exhibition to be given in the premises, and for such period of time as designated by the Civic Center Supervisor. 11. Lessee shall not admit to the premises a larger number of persons than the seating capacity thereof will accommodate, or can safely or freely move about in the premises. The decision of the Civic Center Supervisor in this respect shall be final. 12. The County shall have the sole right to collect and have the custody of articles left, lost or checked in the building by persons attending any performance, exhibition or entertainment given or held in the premises, and the Lessee or any persons in the Lessee's employ shall not collect or interfere with the collections of such articles. 13. County reserves the right through its Civic Center Supervisor and its representatives to enter any portion of the premises and eject any objectionable person or persons from said building and upon the exercise of this authority through its Civic Center Supervisor, agents or police. 14. The County reserves the right to remove from the building all effects remaining in the, building after time specified at the sole expense of Lessee and to store the same at the sole expense of the Lessee, and without any liability thereof on the part of the County. - 15. Lessee shall not do or permit to be done anything in or upon any portion of the premises or bring or keep anything therein or thereupon which will in any way increase conditions of any insurance policy upon the building or any part thereof, or in any way increase the rate of fire or public liability insurance upon the building or on property kept therein, or in any way conflict with the regulations of the fire department or with any of the rules, regulations, or ordinances of St. Lucie County. g:\atty\agreemnt\lease\sI battery-country store -3- · '-" '..,/ 16. Lessee shall not, without the written consent of the County, put up or operate any engine or motor or machinery on the premises or use oils, burning fluids, camphene, kerosene, naptha, or gasoline, for either mechanical or other purposes or any other agent than gas or electricity for illuminating the premises. 17. At no time shall the private fire protection equipment, outlets, hoses, etc. be used for other than its intended purpose, unless it is done with the consent and under the supervision of the fire department. 18. Lessee shall not permit the premises to be used for lodging rooms, or for any improper, immoral or objectionable purpose. The decision of the Civic Center Supervisor in these matters shall be final. 19. The Civic Center employees and concessionaires shall at all times have free access to the premises. 20. If the Lessee, being entitled to possession hereunder, shall fail for any reason to take possession of or to use the premises, no rent refund shall be made and full rent called for by this Lease shall be paid to the County, including any disbursements or expenses incurred by the County in connection therewith, as liquidated damages and not as a penalty. 21. Lessee understands and hereby specifically agrees that the County does not furnish any house staff nor technicians or provide any services, eating setups, equipment or materials not otherwvise provided for in this Lease or ordered in writing by Lessee in accordance with County's rate sheet for rental equipment and services. 22. Lessee further states that it has inspected the premises and its equipment and that same are adequate and in proper condition for the uses contemplated. 23. County agrees that the Lessee shall have complete and sole supervision of the sale of all tickets at County's box offices and/or agencies in accordance with established rates and policies. Proceeds from the sale of such tickets to be turned over to the Lessee together with an accurate statement of account of the sales. 24. Lessee shall arrange and pay for the printing of all tickets, the form and content which sh.all be in accord with accepted procedures for good accounting. 25. In case the Civic Center building or any part thereof shall be destroyed or damagectby fire, water, or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of this Lease by the County impossible including, without limitation thereto, the requisitioning of the premises by the United States Government or any arm of instrumentality thereof, then this Lease shall terminate and the Lessee shall pay rental for the premises only up to the time of such termination at the rate herein specified, and the Lessee hereby waives any claim for damages or compensation should this Lease be so terminated. g:\atty\agreemnt\lease\sl battery-country store -4- '-" '..,/ & Lessee will not cause or allow, beer, wine, or liquors o~ any kind to be 7"7 sold, . "en away or to be used on the premises except upon written permission of the County. 27. In renting the space to Lessee, County does not relinquish the right to control the management thereof and to enforce all necessary and proper rules. The Civic Center, including the premises and the keys thereof, shall be at all times under the charge and control of the Civic Center Supervisor. 28. County shall not be responsible for any damage or injury that may happen to the Lessee or to the Lessee's agents, servants, employees, or property of Lessee's exhibitors, contestants and those contracting with Lessee from any cause whatever prior, during or subsequent to the period covered by the Lease. 29. Lessee hereby waives all rights under the Constitution and laws of the State of Florida or any other state to claim personal property exempt as against any liability, debt, or obligation arising under this Lease. 30. Any sum due the County from the Lessee from the use of premises of any accommodations, service, or material shall be a first lien on the box office receipts of the Lessee. 31. In the handling, control, custody, and keeping of receipts and funds, whether the same are received through the box office or otherwise, the County is acting for the accommodation and sole benefit of the Lessee and that as to such receipts and funds the County shall be responsible only for gross neglect or bad faith. 32. The Lessee agrees to provide the Supervisor of the St. Lucie County Civic Center (a) a paid receipt for each performance for all performing rights, license fees due each licensing agency whose music will be used, or (b) copies of currently valid "blanket" licensing contracts with each licensing agency whose music will be used. The Lessee, whether artist, promoter, or production company, and the Lessee's representative warrant that all copyrighted material to be performed has been duly licensed or authorized by the copyright owners or their representatives, and agrees to indemnify and hold St. Lucie County harmless from and against any and all claims, losses, liability, expenses, demands, damages, fees, fines, penalties, suits, proceedings, actions, and costs of actions including attorney's fees of any kind and nature arising or growing out of or in any way connected with the use of such copyrighted material. The Lessee agrees to and accepts the unequivocal right of the Supervisor-of the St. Lucie County Civic Center to cancel any event if the above described documents are not provided to the Supervisor of the St. Lucie County Civic Center no later than twenty-four hours prior to the production. 33. Any matters not herein expressly provided for shall be in the discretion of the Civic Center Supervisor. g:\atty\agreemnt\lease\sl battery..çountry store -5- '-" ....., 34. That all terms and conditions of this written Lease shall be binding upon the parties, their heirs or representatives or promise of any agent or other person of the parties hereto unless the same be in writing and mutually signed by the duly authorized agent or agents who executed this Lease. 35. Wherever in this Lease, County or Lessee is required to give its consent or approval to any action on the part of the other, such consent or approval shall not be arbitrarily or unreasonably withheld. County and Lessee shall act reasonably and consistent with reasonable commercial practice. The consent or approval by County to or of any act of or request by Lessee requiring County's consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or request. 36. The provisions of this Lease shall be binding upon and inure to the benefit of the parties hereto and each of their successors and assigns. 37. Each and all of the provisions including all options in this Lease shall be binding upon and inure to the benefit of the parties hereto, and except as otherwise specifically provided in this Lease, to their respective heirs, executors, administrators, successors, and assigns, subject at all times, nevertheless, to all agreements and restrictions contained elsewhere in this Lease with respect to the assignment, transfer, encumbering or subletting of all or any part of Lessee's interest in this Lease. ~ It is understood and acknowledged there are no oral agreements between 7 7 the _ hereto affecting this Lease, and this Lease supersedes and cancels any and all previous negotiations, arrangements, brochures, agreements and understandings, if any, between the parties hereto or displayed by County or Lessee with respect to the subject matter thereof, and none thereof shall be used to interpret or construe this Lease unless such negotiatior.s, arrangements, brochures, agreements, and understandings are specifically incorporated herein. 39. It is agreed if any provision of this Lease shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this Lease, and all such other provisions shall remain in full force and effect; and it is the intention of the parties hereto if any provision of this Lease is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meani~.9 which renders it valid. 40. - This Lease may be modified only by mutual written agreement of both ( parties. 41. The various rights, options, elections, powers and remedies contained in this Lease shall be construed as cumulative; and no one of them shall be exclusive of any of the others or of any other legal or equitable remedy which either party might otherwise have in the event of breach of default in theterms hereof, and the exercise g:\atty\agreermt\lease\sI battery-country store -6- '-" ""'" of one right or remedy by such party shall not impair its right to any other right or remedy until all obligations imposed upon the other party have been fully performed. 42. The laws of the state of Florida shall govern the validity, performance and enforcement of this Lease. Should either party institute legal action to enforce any obligation contained herein, it is agreed the venue of such suit or action shall be in St. Lucie County, Florida; and both parties hereby waive any defenses to the contrary. Although the printed provisions of this Lease were drawn by the County, this Lease shall not be construed either for or against Lessee or the County, but shall be interpreted in accord with the general tenor of this language. 43. Lessee may not assign this Lease in whole or in part, or sublet the premises in whole or in part, or permit the same to be used or occupied by others, without the prior written consent of the County. IN WITNESS WHEREOF, the County, by its Civic Center Supervisor, and Lessee by its undersigned authorized representative, or for sole owner in person, have caused this instrument to º~ executed by affixing their respective signatures on this, the ·1 {) day of t, Y_l-1A,-l_c"'.A,j , 1999. <WITNESSES: J --/ 1-- - r -:--lfi-¿--t-f~ut/é-jf -¡.¿)J--<, 1 Jtt. 1t-0tu-l'&L- ST. LUCIE COUNTY BY: /I!/-~¿f/ . CÍvic Centéf Supervisor APPROVED AS TO FORM AND CORRECTNESS: BY: '~<-. ~ ^n\ County Attòrney WITNESSES: PdR . ~~lw(:tL ST. LUCIE BATTERY &. TIRE /\ L lfÍ-; BY: \,_,. ~CdÎ)-/ \71 íJ--uL-.- ~; Title: ,-----/.fkß..4. BY: .- WITNESSES: f~-& ttTh~ku~L COU Title: g:\atty\agreemnt\lease\sl battery-country store - 7- w ..., ITEM NO. C 3 ß AGENDA REQUEST DATE: 1/25/2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Leeds Director, Leisure Services SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: r; APPROVED [] DENIED [ ] OTHER: Leisure Services Possession and consumption of alcohol at Fort Pierce Community Center during the St. Lucie County Cultural Affairs Council's annual meeting and ribbon cutting ceremony on January 27, 2000. In 1999, St. Lucie County agreed to provide a room at the Fort Pierce Community Center for use by the Cultural Affairs Council (CAC). Over the past several weeks, crews from St. Lucie County Central Services have been renovating the old arts & crafts room at FPCC for use by the CAC. On January 27,2000, in conjunction with their annual meeting, the CAC plans to hold a formal ribbon cutting ceremony dedicating the new room. It is the CAC's desire to serve wine and cheese at the ceremony. At the January 18, 2000, City Commission meeting the Commission granted the CAC its request for an alcohol permit for this event. N/A None Staff recommends the Board approve the request of the Cultural Affairs Council to possess and consume alcohol at the Fort Pierce Community Center on January 27, 2000, during their annual meeting and ribbon cutting ceremony. Coordination/Siqnatures Mgt. & Budget Other: Purchasing Mgr.: Other: County Attorney: Originating Dept~Ò Finance: (Check for Copy only, if Applicable) Eft. 1/97 ~. . . '-' ...." } AGENDA REQUEST ITEM NO. C- 'iA DATE: 1/25/00 REGULAR [] PUBLIC BEARING [ ] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): purchasina Division Charles Bicht SUBJECT: Permission to advertise- Butterfly House and/or Wildlife Rehab. Hospital at the Savannas Recreation Area. BACKGROUND: Several months ago, the Leisure Services Department was approached by an individual wishing to construct and operate a Butterfly House at the Savannas Recreation Area. At the request of Commissioner Doug Coward, staff also looked into the prospect of putting a wildlife rehab hospital either in addition to the butterfly house or instead of a butterfly house. After looking into both kinds of facilities, staff prepared the attached RFP to allow proposers the choice to construct one or both of them. Once proposals are received, staff will review and make a recommendation to the Board concerning wh~ch program(s) should be approved for the Savannas. RECOMMENDATION: Staff requests permission to advertise the Request for Proposals for construction and operation of a butterfly house and/or wildlife rehab hospital at the Savannas Recreation Area. COMMISSION ACTION: --- [ X] APPROVED [ ] OTHER: DENIED s M. Anderson y Administrator Review and Approva1s County Attorney: ~ Management &. Budget Originating Dept. I /:f/ '-"" Other: Pinance: (Check for Copy only. if applicable)___ Eff. 5/96 Purchasing: Other: '-' ....., HBHORANDUH TO: Hike Leeds, Leisure Services Director PROH: Patti Raffensberger, Special Facilities Manager DATE: September 30, 1999 SUBJECT: RFP for Butterfly House and/or Wildlife Rehab Hospital ================================================================= At the Board's instruction I have been working on a Request for Proposal for a Butterfly House and/or wildlife Rehab Hospital/Sanctuary at a Leisure Services facility. As you know, a meeting with Mrs. Adell Endress of Butterflies by Adell was held on September 20, 1999. Present at the meeting were Charles Bicht and Ruth Totten from Purchasing and Linda Brown, you and I from this department. In addition, I have spoken with four wildlife IIrehab- ers" who received an RFP last year for this type of facility. They were called to find out if they would still be interested in providing this service on County property. Finally, I have spoken with Steve Fousek, Environmental Lands Specialist about various locations that might be suitable for either of these projects. This memo summarizes the information I have obtained. using Mrs. Endress' material and RFP No. 98-72 (wildlife Rehabilitation/Hospital/Sanctuary) I have drafted the attached scope of work and evaluation criteria for a Request for Proposal for the Butterfly House and/or Rehab Center. Once finalized, I will send them to purchasing who will complete the RFP and place it on a Commission agenda for permission to advertise. The results of my conversations with the four "rehab-ers" were: **Two did not have the funds to start a facility **One might be interested in opening a satellite facility to one they already operate **orie said it would depend on the requirements the County imposes. However, the person was not willing to build a facility that would be become the property of the County. All felt that the County needed a center. In my conversation with Mr.Fousek, he indicated that none of the Environmentally Significant Lands would be available for these facilities, for one of several reasons. First, if there is another partner involved at a site, such as the South Florida Water Management District, that partner may have restrictions concerning the use of' the land. Second, such facilities are not consistent ":. '-" ..." with Management Plans. Third, the properties are not ready for improvement. For these reasons, the draft scope of work for the RFP names the Savannas Recreation Area as the sole location. We should discuss whether we wish to include other Leisure Services or County sites. Please review the attached information and advise as to further action. '-' '..,/ REQUEST FOR PROPOSALS 00- BUTTERFLY HOUSE AND/OR WILDLIFE REHAB HOSPITAL AT THE SA V ANNAS RECREATION AREA Board of County Commissioners St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982 . '-' '..,/ Table of Contents Part I General Information 1-1 1-2 1-3 1-4 1-5 1-6 1-7 1-8 1-9 1-10 1-11 1-12 1-13 1-14 1-15 1-16 1-17 DefInitions Invitation to Propose; Purpose Issuing Office Awards Development costs Inquiries Site Visitations Timetables Delays Proposal Submission and Withdrawal Rejection of Irregular Proposals Addenda Equal Opportunity Oral Presentation Insurance Lobbyist Disclosure Feasibility Studies Part II Statement of Work 2-1 Scope of Work Part III Instructions for Preparing Proposals 3-1 3-2 Rules for Proposals Proposal Format Part IV Evaluation of Proposals 4-1 Evaluation Method and Criteria ~ '-" '-' GENERAL INFORMATION PART I 1-1 DEFINITIONS For the purposes of this Request for Proposals ("RFP"), Proposer shall mean contractors, consultants, respondents, organizations, firms, or other persons submitting a response to this Request for Proposals. 1-2 INVITATION TO PROPOSE: PURPOSE The Board of County Commissioners, St. Lucie County, Florida (the "Board") solicits proposals from responsible Proposers toKll§ill~KlBiPm.I\Ii.t.I~iMþ.it.mtfJjIUm&.í9.t iilmifflltllUll.i..œem¡[SmBIiJDta'1WfiÆmif 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING St. Lucie County Purchasing Department Administration Annex, Room 228 2300 Virginia Avenue Fort Pierce, Florida 34982 1-4 CONTRACT AWARDS The Board anticipates entering into a contract with the Proposer who submits the proposal judged by the Board to be most advantageous. The Board reserves the right to award more than one contract if in its best interest. The Proposer understands that this RFP does not constitute an agreement or a contract with the Proposer. An official contract or agreement is not binding until proposals are reviewed and accepted by the Board and a written agreement or contract is approved by both the Board and the successful Proposer. A standard S1. Lucie County consultant contract is included with this RFP. This contract will form the basis of the contract between the successful proposer and the County. At the option of the County, terms and conditions may be added, modified or deleted through negotiations with the successful Proposer. The Board reserves the right to reject all proposals, to waive any informalities, and to solicit and re-advertise for other proposals. -1- · . '-" 1-5 DEVELOPMENT COSTS ....,¡ Neither the Board nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a sttaightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1-6 INOUIRIES The County will not respond to oral inquiries. Proposers may submit written inquiries for interpretation of this RFP to: Charles Bicht St. Lucie County Purchasing Manager Administration Annex, Room 228 2300 Virginia Avenue Fort Pierce, Florida, 34982. The County will respond to written inquiries if received at least 7 working days prior to the date scheduled for receiving the proposals. The County will record its responses to inquiries and any supplemental instructions in the form of a written addendum. If addenda are issued, the County w.ill mail or fax written addenda at least 5 working days before the date fixed for receiving the proposals. This will be adhered to even if the opening date must be postponed in order to observe .the time requirements. The County will send written addenda to all Proposers who receive the RFP. 1-7 SITE VISIT A TIONS Any Proposer desiring to visit the site should ~i[:Ri#.E_ilití"t::wlþQ:lm\Q.gt:íþga to arrange a site visitation. These visitations should be done in sufficient time to allow Proposer to meet the proposal submission deadline. 1-8 TIMETABLES The Board and the Proposers shall adhere to the following schedule in all actions concerning this RFP. A. On , 2000, the Board issues the RFP. B. From , 2000 to answer inquiries received by mail. , 2000, the County will receive and -2- · . '-" '..,/ The County must receive the proposals by 3:00 PM on , 2000. C. D. From opening time, the Board and County staff will review and evaluate the proposals on a timely basis. E. The Board may enter into a contract after conducting negotiations and obtaining appropriate approvals. The County will notify unsuccessful Proposers at this time. 1-9 DELAYS The County may delay scheduled due dates if it is to the advantage of the County. The County will notify Proposers of all changes in scheduled due dates by written addenda. 1-10 PROPOSAL SUBMISSION AND WITHDRAWAL The County will receive proposals at the following address: S1. Lucie County Purchasing Department Administration Annex, Room 228 2300 Virginia Avenue Fort Pierce, Florida 34982 To facilitate processing, please mark the outside of the envelope as follows: œR¡wpf.E liffijmYl~iªºI~\¡¡g4lª1tI'[!Wlf~¡¡_;Hº$.ïnt!Þª\]fi¡!$.iWimª@~m~ti§R)I.tijjl The envelope shall also include the Proposer's return address. . Proposers shall submit ten copies of the proposal in a sealed, opaque envelope marked as noted above. The Proposer may submit the proposal in person or by mail. THE COUNTY MUST RECEIVE ALL PROPOSALS BY 3:00 PM ON , 2000. Due to the irregularity of mail service, the County cautions Proposers to assure actual delivery of proposals to the County prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (561) 462-1700 before proposal opening time. Proposals received after the established deadline will be returned unopened to the Proposer. Proposers may withdraw their proposals by notifying the County in writing at any time prior to the opening. Proposers may withdraw their proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identify and provide a signed receipt for the proposal. Proposals, once opened, become the property of the County and will not be returned to the Proposers. Upon opening, proposals become "public records" and shall -3- : '-' '..,/ be subject to public disclosure in accordance with Chapter 119, Florida Statutes. 1-11 IRREGULARITIES: REJECfION OF PROPOSALS Proposals not meeting stated minimum terms and qualifications may be rejected by the County as non-responsive or irregular. However, the County reserves the right to waive any irregularities, technicalities or informalities in any proposal. Tbe County reserves the right to reject the Proposal of any Proposer in arrears or in default upon any debt or contract to the Board of County Commissioners of St. Lucie County or who have failed to perform faithfully any previous contract with the County or with other governmental jurisdictions. The County reserves the right to reject any or all proposals without cause. 1-12 ADDENDA If revisions become necessary, the County will provide written addenda at least five days prior to the opening date to all Proposers who receive the RFP. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. 1-13 EOUAL OPPORTUNITY The County recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. The County requests minority and women business enterprises to submit evidence of such classification with their proposals. 1-14 ORAL PRESENTATION At their discretion, the County may require any Proposer to make an oral presentation of the proposal. These presentations provide an opportunity for the Proposer to clarify the proposal for the County. The County will schedule any such presentations. 1-15 INSURANCE The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions required by Ùle County. 1-16 LOBBYIST DISCLOSURE REOUIREMENT Pursuant to Article IV of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, any professional consultant who utilizes Ùle services of a lobbyist as defined in Section 1-2-62 is required to make full disclosure with the Clerk of Ùle Board prior or concurrently with the submission of a proposal to the Board for the performance of any services for the Board. Such -4- '-" disclosure shall include the following: '..,/ A. The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional consultant by the Board. B. The name and address of the lobbyist C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. The disclosure shall be filed with the Clerk on fonns provided by the Board and such records shall be open to the public. 1-17 FEASffiILITY STUDIES The County has established a policy that any professional consultant that contracts with the County as an advisor as to the feasibility of any County capital project, shall not be eligible to participate in any future design work on that project that might become necessary as a result of the consultant's advice. The Board of County Commissioners (the "Board") may determine to waive this policy by majority vote if the Board detennines that there is a compelling reason to waive the policy. ' STATEMENT OF WORK PART II 2-1 SCOPE OF WORK A. GENERAL The Board of County Commissioners of St. Lucie County, Florida (the "Board ") is seeking competitive proposals to design, develop and operate a butterfly house and a wildlifelhospital/sanctuary at the Savannas Recreation Area. The Savannas Recreation Area is located east of Midway Road. The entrance to the specific area (the "proposed site") is located in front of the park at the first footbridge along the access road. It is a three acre parcel. Nearly one quarter of the site consists of wetlands. -5- '-' ...., The County will consider any proposal for a butterfly house and/or wildlife rehabilitationlhospital/sanctuary which could be added to complement the facility or management plan. Any permanent changes to the facility or management plan will be subject to approval by the Board. The Board reserves the right to award both projects to the same proposer or to separate proposers at their option. B. WORK OBJECTIVES AND FACILITIES If adequate facilities are not already in place, the successful Proposer will construct and maintain approved improvements to accommodate patrons. Proposals should include a detailed description of the anticipated location and design of the area as well as a cost analysis and a schedule of completion. The successful Proposer shall be responsible for all costs associated with any required modification to the existing project site. The Proposer shall be responsible for obtaining all necessary state and local building permit approvals, including but not limited to, permits issued by St. Lucie County, the city of Fort Pierce, St. Lucie County Health Department, South Florida Water Management District and the Department of Environmental Protection. All costs associated with these permits shall be the responsibility of the Proposer. If the Proposer obtains the services of a licensed contractor, than it shall be the responsibility of the Proposer to provide a copy of the contract with their proposal. The County reserves the right to modify or reject such contracts in the event that terms are not approved by the County. ' The County requests the Proposer to provide educational opportunities and enjoyment to the public through the development of a butterfly house and/or wildlife rehabilitationlhospital/sanctuary. The Proposer should describe the types or species of animals and/or insects to be rehabilitated or housed at the facility . The facility can be either a for-profit or not-for-profit business. The Board will require the successful proposer to pay a minimum of 5 % of gross revenues to the County each month. The Proposers should indicate all admission charges and other revenue generators. The County requests the Proposers to indicate the type and number of programs or activities that will be provided to the general public. All ages should be included in the program schedule. An estimate of visitors should be included. The County will expect the Proposer to cooperate with the County in promotional activities related to ecotourism, environmental awareness and County facilities. The County requests the Proposer to list any other benefits to St. Lucie County that will -6- ". ~ -...I exist. PART III 3-1 RULES FOR PROPOSALS The proposal ITnlst name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 3-2 PROPOSAL FORMAT Proposers shall prepare their proposals using the following format: A. Letter of Transmittal This letter will summarize in a brief and concise manner, the Proposer's understanding of the Scope of Work. The letter must name all of the persons authorized to make representations for the Proposer, including the titles, addresses, and telephone numbers of such persons. An official authorized to negotiate for the Proposer must sign the Letter of Transmittal. B. Organization Profile and Oualifications This sectio~ of the proposal must describe the Proposer, including the size, range of activities. etc. Each PrQposer must be authorized to do business in the State of Florida and, if a corporation, must be incorporated under the laws of one of the States of the United States, proof of same must be provided. The Proposer must emphasize its expertise in, and experience with similar programs. The proposal must identify the primary individuals responsible for supervising the work. The Proposer shall provide the County with the resumes of the primary individuals. The proposals must also include recent and pertinent references, including bank references, contact name, telephone number and address. C. Scope of Work This section of the proposal should explain the Scope of Work as understood by the Proposer and detail the approach, activities and work products to be provided. Proposer should not include a proposal for the compensation to be paid for the required services. D. Compensation The proposal shall include compensation. E. Additional Data Any additional information which the Proposer considers pertinent for consideration should be included in a separate section of the proposal. -7- ~ """ EVALUATION OF PROPOSALS Part IV 4-1 EV ALVA TION METHOD AND CRITERIA A. General The County shall be the sole judge of its own best interests, the proposal, and the resulting negotiated agreement. The County reserves the right to investigate the financial capability, reputation, integrity, skill, business experience and quality of performance under similar operations of each Proposer, including stockholders and principals before making an award. A wards, if any, will be based on both an objective and subjective comparison of Proposals and Proposers. The County's decisions will be final. The County's evaluation criteria will include, but shall not be limited to, consideration of the following: Facility's impact on St. Lucie County Financial benefits accruing to St. Lucie County Increased number of visitors to County facilities Past performance records Qualifications of Proposer Technical soundness of the proposal Related experience in St. Lucie County Description of proposer's ability to meet set standards Financial resources and capabilities Quality of life benefits accruing to St. Lucie County Verification of availability of equipment and qualified personnel Time Frames References B. Selection The selection of a Proposer to provide the requested services shall be in accordance with Section 287.055, Florida Statutes and Section 10 of the St. Lucie County Purchasing Manual. The Board of County Commissioners may conduct the selection process or at the option of the Board, it may be referred to the Competitive Selection Committee (the "Committee"). Either the Board or the Committee will review all proposals received and establish a list in order of preference of no fewer than three Proposers deemed to be the most qualified to provide the service requested based on the criteria set forth above. Alternatively, the Board may direct -8- ~ ":. · . '-' ....., the Committee to establish a "short list" of no fewer than three Proposers without establishing a priority order. The "short list" shall be submitted to the Board and the Board may rank the Proposers in order of preference. The Committee or the Board may request oral presentation from the Proposers when establishing the priority list. If three or fewer proposals are received, all Proposers shall be included in the selection process as described below. If the list of Proposers has been prepared by the Committee, the list shall be submitted to the Board for approval. At the option of the Board, either the Board or the Committee shall attempt to negotiate a contract with the most qualified Proposer at a compensation which is fair, competitive and reasonable. If the Committee or the Board is unable to negotiate a satisfactory contract with the first Proposer, negotiations with that Proposer shall be terminated and the Committee or the' Board shall attempt to negotiate a contract with the next most qualified Proposer. If these negotiations are not successful, negotiations shall be terminated with the second Proposer and attempted with the third most qualified. If the Board or the Committee is not successful in negotiating a satisfactory contract with any of the selected Proposers, the Board or the Committee shall select additional Proposers in order of their qualifications and continuegnegotiations until an agreement is reached or if no agreement can be reached the Board may reject all proposals and may re-advertise for new proposals. All contracts negotiated by the Committee shall be subject to final approval by the Board unless such approval is waived by the Board. -9- '. 1 '- AGENDA REQUEST '..,/ ITEM NO. C-4-B '/_ DATE: January 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] SUBMITTED BY(DEPT): PURCHASING SUBJECT: Award of bid #00-008 - 84" RC.P. Culvert Replacement for Sunrise Boulevard at Platt's Branch PRESENTED BY: CHARLES BICHT TO: BOARD OF COUNTY COMMISSIONERS BACKGROUND: On December 22, 1999 bids were opened for the replacement of the culvert at Sunrise Boulevard and Platt's Branch. One hundred thirty two vendors were notified, nine sets of bid documents were distributed and four bids were received. RK Contractors was declared non-responsive due to an incomplete bid. The low bidders is Johnson-Davis in the amount of $134,890.00. FUNDS AVAIL.: 101003-41131-599330-43017 Transportation Trust-Local Option-Project Reserves 101003-41131-599330-400 Transportation Trust-Local Option-Culvert Reserves 101003-9910-599300-800 Transportation Trust-Local Option-Contingency & Reserves PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid #00-008 - 84" RC.P. Culvert Replacement for Sunrise Boulevard at Platts Branch to the lowest responsive bidder Johnson-Davis in the amount of $134,890.00, approve the project budget as indicated on the attached memorandum from the Division of Engineering and authorize the chairman to sign the contract as prepared by the County Attorney. [2<] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attomey:(X) ~. Coordination/Siqnatures Mgt. & Budget:(X) ..~ (flIfJ~ Other: Purchasing Mgr.:(X) ;"7 (Ii) , Originating Dept: Finance: (Check for Copy only, if Applicable) X . Other: Eff. 1/97 H:\WP\AGENDAS\BIDS\2000-008 award.wpd 'w' ...., DIVISION OF ENGINEERING MEMORANDUM 00-001 ~¡~~¡~¡~¡:~¡~~j~j~j~~j~m~j~~j~j~~j~~j~j~~~~~j~j~~~~~j~¡~~I~~~~~~¡~¡:~~~~j~~¡~¡~~~~~jt~¡~~j~~~~~~j~~m@j:~~~ a - el) 0 <- ::::!:J' Via: Charles L. Bicht, Sr. - Purchasing Manager Don West, P.E. - County Enginee~r~ Barbara Meinhardt - Budget and Revenue Coordinator:ç~'" ::::: - To: " . ¡ - - i' + Via: -0 (~ ::: " - ,~ _..:.;," ...- .. From: Craig A. Hauschild, E.I. - Project Manager OAIf --i W --«( 0 Date: January 4, 2000 Subject: Award of 84" RC.P. Culvert Replacement for Sunrise Boulevard at Platts Branch ~j~jm~~~¡~~j~~~~~j~¡~j~~~~¡~¡~j~~j~~~¡~~~~~~~~~~~~~j~~~~j~¡~~~~~~j~~~~¡~~j~~j~~j~~j~~~¡~~¡~~I~~~mj~j~¡~~j~~j~~~j~~¡~j~~j~¡~j~~jtmj~~~~j~~~~~~~~~~~~~~j:~j~~Bj~~j~j~~jmj~~~j~j~~~~j~~~~¡~~mj~j~Hj~j~~~~¡~~~¡~~¡~~~¡t~¡~~I~¡~~¡~ This project is intended to replace an existing compromised culvert system beneath Sunrise Boulevard at Platts Branch with a new 84-inch reinforced concrete pipe culvert system. On December 22, 1999 bids for this project were opened in the Purchasing office. We have reviewed all four bids received. The bids were checked using the unit prices that were provided. This project was bid with two alternatives: Alt #1,18" RC.P. and Alt #2,18" RC.P. Mitered End Section. Selection of Alt #1 bid item will delete item 430-994-425, 18" Corrugated Polyethylene Pipe. Selection of Alt #2 bid item will delete item 430-984-325, 18" Corrugated Polyethylene Mitered End Section. Based on our review of the bids, Vendor #1 (RK. Contractors) and Vendor # 3 (Custom Built Marine), submitted incomplete bids. We recommend award of the contract to Vendor #2 (Johnson- Davis), the lowest complete bid, in the amount of $134,890.00, which incorporates both alternatives. The following budget is established for the project. Construction: Testing: Reserve: TOTAL: $ 134,890.00 $ 5,000.00 $ 13.490.00 $ 153,380.00 Funds available in: 101003-41131-599330-43017 Transportation Trust I Local Option I Project Reserves 101003-41131-599330-400 Transportation Trust I Local Option I Culvert Reserves 101003-9910-599300-800 Transportation Trust I Local Option I Contingency & Reserve cc (w/attach.) Bid Tabulation Sheet Bid Tabulation Spreadsheet Ray Wazny P.E. - Public Works Director Mike Powley, P,E. - Capital Projects Engineer Attachments: I- W W :J: UJ Z o - I- :3 :J m « l- e - m :J: o z ~ to tn t: ~ 0.. I- III( c 0:: ~ W ..J :) o to W tn æ z ::J tn 0:: o ,II. I- Z w :E w o III( ..J 0.. 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'" ., '> .. ç 0 0 <:> <:> 0 0 0 <:> <:> '" '" <: <) <:> <:> '" CO '" CO <:> <:> q CO q ., - ., d d d d d d d Ó g .,; <:> <: <:> '" 0 0 <:> <:> (:) 0 ... 0 J: ë ... "'- N <D '" '" '" '" "! N 0 <) ;:: Ñ ,,; ... ... .¡ ... ... U; J:: :::I 0.. ... ... .... ... ... ... ... ... .,. (.) ... C «S 0 0 0 0 0 0 0 8 0 0 I- 0 CO 0 CO 0 0 0 0 0 III d d d d d d d d d d 0 0 0 0 '" 0 to 0 g 0 tJ' ø '" "'- '" '" ..... "t:I 0 N ~ to ~ ,,; ;;; ,,; ,,; ... iñ u; u; ,.. ¡;if ,..: :t: .2 ... .,. .,. ",. ... ... ... Ii. 0 ... z .! f a.. .s ... oð .; <: 0 0 0 0 0 0 0 <:> '" 0 'tj <) 0 0 '" 0 '" '" 0 0 0 0 Q d d d d d "0 d d d ¡;; d .2: :.: ;!: ... 0 <::> 0 0 to iñ <::> 0 0 '" <: .2 '" "', '" 0 ..... to q q "'- III Ii :::I D:. ,,; ;;; ,.; ,,; ... c Ñ <;; ,.. ,.. ",. ",. ",. z ... ",. .,. <I) tJ' .¡: C :3 f/) , ... C <I) E <I) (.) «S Q. <I) a:: 1:: <I) .2: :3 "" () '" '" a.. .... Ñ () ... .. a:: .. J:I E ~ .. '" .. co 0 ,.... ( ) 0> ro a.. ~ , '-' AGENDA REQUEST '..,/ ITEM NO. C-4-C r DATE: January 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: S.OARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING PRESENTED BY: CHARLES BICHT SUBJECT: Permission to advertise a bid to Provide and Haul Coquina Rock BACKGROUND: See attached memorandum FUNDS AVAIL.: 392-4115-563000-415006 Idealholding Road MSBU PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request to advertise a bid to provide and haul Coquina rock COMMISSION ACTION: NCE: [x] APPROVED [] DENIED [ ] OTHER: County Attomey:(X) .[1}; Coordination/Siqnatures Mgt. & Budget:(X) ~ f'lÏ1ìÍI Originating Dept: Other: Purchasing Mgr.:(X) c:B Other: Finance: (Check for Copy only, if Applicable) Eff. 1/97 H:\WP\AGENDAS\OTHER\coquina rock reg to ad,wpd ~ ..."" ROCK CONTRACT THIS CONTRACT, made this _ day of A.D. , between ST. LUCIE COUNTY, a political Subdivision of the State of Florida, hereinafter called the "COUNTY" and , or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WITNESSETH: 1. PURPOSE That 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 and haul DOT Specification Coquina rock 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 _ at 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, pa~s -L through --ÍL inclusive. ,., B. Contractor's Bid Reply Sheet. C. Specifications, consisting of: Invitation to Bid. Instructions to Bidders. Rock/Hauling Bid Specifications ( 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 inexpedient to require the Contractor to correct deficient or defective work, an equitable deduction from the contract price shall be made therefore or in the alternative, 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 31 st, 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 of perton of coquina rock 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 Page 2 of 9 the work in accordan~with required regulations and to not11Y' all applicable utilities or parties affected by his operations. He shall further be responsible for all fees associated with the performance of this Contract. 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 underthis 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 One Million Dollars ($1,000,000.00) 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 Three Million Dollars ($3,000,000.00) 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 One Million Dollars ($1,000,000.00) 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 Page 3 of 9 '-" ..., Worker's Compensation Insurance policy required by the Contract shall also include Employer's liability. 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 afterthe 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 ofthe 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. Page 4 of 9 '-' ...." 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, 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. 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 Cou nty 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. In such cases, the Contractor shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. If such expense of finishing 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 Manager. Page 5 of 9 '-" 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. I n the event of termination, the County shall compensate the Contractor for all authorized work performed through the termination date. 16. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 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 all 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 of this 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 All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: Page 6 of 9 '-' '..,/ 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: 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 circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the 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 WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA BY: Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: Cou nty Attorney WITNESSES: CONTRACTOR Page 9 of 9 '-' ...,., ROCK BID SPECIFICATIONS lOW 10LDING ROD 1. SPECIFIC REQUIREMENTS 1.1 Punosl - DOT gnde coquina rock is to be provided by bidder and delivered to Ideal Holding Road job site. 1.2 Dlllverv latl - Estimated quantitY Is 4500 Tons. The Conuactor shall arrange lor delivery 01 this rock as requested by the Road & Iridge Prolect Manager. 1.3 OllnDon Houn - The houn 01 delivery shall be between 8:00 AM and 2:00 PM Monday thru friday excluding Holidays. 1A DellvervDcklts - Selected Contractor shall be responsible to supplY a Delivery ßcket with number 01 tons 01 rock per load to the Road & Irldge Project Manager as rock Is delivered. 1.5 IntenretaDol 01 thllDproxlmate QuanDOls - The Ildder's aBention Is called to the lact that any estimate 01 quanDties 01 work to bl done aid materials to be lumlshed underthl speclDcations as shown on the proposed IorIO, or elsewhere, Is approximate onlY and not guaranteed. The COUIIY does not assume any responslbllllYthat the linal quanDties shall remail in strict accordance with thl estimated qualUdls, nor shall the Selected Ildder plead misunderstanding or deception becausl 01 such esOmate 01 quantiOes or 01 the character, 10caOon 01 the work, or other conditions penalnlng thereto. 1.6 Dllavs - At any timl, when Inclement wlather, equipment break downs or other unloreseen circumstances, cause the Sellcted Ilddlrto bl unable to lulnll a deliVery requirement the Selected Ilddlr must nodlY thl Road & Irldll Malager 01 said circumstances as quicklY as thl Selected Ildder becomes aware olthl problem. Said notiOcation will not rellevl the Sellcted Ildder 01 lIIelr obllgaOol and/or 01 pen alOes as stated In lIIese SpeclOcaOons, but will be cOlsldered by the CounlY when weighing appropriate action. 1.1 salelY-11 addiOon to the requirements contained In the conuact Selected Ilddershall be responsible to malltaln equlplDentln a manner which shall minimize any potenUal Injury to the public. Page 1 of 1 '-' ....,.¡ BID REPLY SHED Bid # Suoolv and Deliver Coquina Rock 1. Company Name: Division Of: Phvsical Address: Mailing Address: CitY, State, Zip Code: Telephone Number: [ J Fax No. [ J Contact Person: 2. OrganizaUonal Profile: [Complete Appropriate InfomaUonJ Is the Flm Incorporated;' Yes - - No If Yes, In what State;' President Secretary Treasurer How long In present business: How long at present 10caUon: Is the firm a minoritY business: Yes _No : Does the flm have a drug-free workplace program: Yes _No _. If no, Is your company planning to implement such a program;' 3. Page 1 of 3 '-' ""'" 4. II vour companv oDers commodities other than the one specified lor this bid, and VOU wish to be put on the vendor's list, please contact InlormaUon On Demand at (401) 915-0000. Bid Tabulation Repons are advenised on the Countv's Web Site at sducillcD.l/ol/. CurrllDIBlds, Pu,chasJnI/ BIIPt Bid FORll 5. BID RESPONSE: 5.1 Contractors quote for Delivery 01 Coquina Rock at Ideal Holding Road: Countv's estimated usage lor Ideal Holding Road Is 4500 Tons. $ per Ton. 5.2 Bidders quote is lor providing and delivery 01 Coquina Rock per Speclllcatlons In SecUon 1.2 and 1.3. Bidder's are cauUoned that the andclpated quanUUes used lor this computadon will be estimates. The CountV makes no representaUon as to the actual quantItY which will be uUllled during the contract period. 6. This lorm must be completed In Its enUretv bv an authorized representaUve 01 the lirm oDerlng this Bid. Prices entered herein shall not be subject to withdrawal or escalaUon bv Bidder provided CountY notilles Bidder In wrhlng within 90 davs aner bid opening date 01 CounlJ's Intent to accept Bid. 1. Bidder agrees to complY with all requirements stated In the speclllcadons lor bid. 8. CERTIFICATION: This bid Is submitted bv: Name (prlnU who Is an oDicer 01 the above IIrm dulv authorIZed to sign bids and enter Into conuacts. I cenlIVthat this bid Is made without prior understanding, agreement, or connecUon with anv corporaUons, Ilrm, or person submlWng a bid lor the same materials, supplies, or equipment, and is In all respects lair and without collusion or Iraud. I understand collusive bidding Is a violation 01 State and Federal law and can result In lines, pñson sentences, and civil damage awards. I agree to abide bv all condiUons 01 this bid. Signature Date Page 2 of 3 '-' ...., If this Bid is rendered bv a corporation, the corporate seal attested bv the secretary shall be affixed below. Anv agent signing this Bid shall attache to this lorm evidence 01 legal authoritY. Page 3 of 3 '-' AGENDA REQUEST '..,/ ITEM NO. C-4-D DATE: January 18, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING SUBJECT: Hurricane Irene & Floyd Emergency Purchase Orders PRESENTED BY: CHARLES BICHT BACKGROUND: The St. Lucie County Purchasing manual provides for emergencies by allowing work to proceed with the consent of the County Administrator. Attached is a list of Purchase Orders issued in accordance with the procedures. FUNDS AVAIL.: $3,000,000 has been budgeted in the general fund to cover these expenses. The majority of these expenses are expected to be reimbursed by FEMA. PREVIOUS ACTION: December 7 I 1999 December 14, 1999 December 21, 1999 January 4, 2000 January 11 2000 RECOMMENDATION: Consider staff recommendation to approve the Emergency Purchase Orders issued. [x] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: Doug A er n County Administrator Coordination/Siqnatures County Attorney: Mgt. & Budget: Purchasing Mgr.:(X) d3 Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eft. 1/97 H:\WP\AGENDAS\OTHER\Irene & Floyd agenda 1-2S-00.wpd '-' ~ MEMORANDUM - TO: Board of County Commissioners PURCHASING DEPARTMENT FROM: Charles L. Bicht, Sr., Purchasing Manager DATE: January 18, 2000 SUBJECT: Hurricane Irene Emergency Purchase Orders The following Emergency Purchase Orders have been issued in accordance with the St. Lucie County Purchasing Manual as the result of hurricane Irene: 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 Amoff Moving Total as of 12/1/99 ' P2011595 JA Taylor Roofing P2011596 Laumar Roofing P2011601 Arnoff Moving P2011603 Turbo Link (windscreens) Total 12/1/99 - 12/8/99 H:\WP\MEMOS\irene POs 1-18-00.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 $35,470.00 122,093.00 400.00 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 Total 12/8/99 -12/15/99 250.00 500.00 4,919.00 50.00 61.00 143.00 15.00 229.00 $45.000.00 $51,167.00 - P2011804 Fla Recycling Services $149,520.60 P2011779 Superior Roofing 2,350.00 P2011793 CEI Florida, Inc. 2,949.57 P2011850 Hall's Trucking 1,152.00 P2011220 Native Technologies CO add $2.372.178.00* Total 12/15/99 - 12/28/99 $2,528,149.57 *Funded by Mosquito Control Budget P2011966 Taylor Made Metals P2011967 Taylor Made Metals P2011969 All Indian River Fence P2011970 All Indian River Fence P2011965 ARS Climatic Corp Total 1/3/00 - 1/18/00 $785.00 2,808.00 73.50 2.700.00 $6,366.50 $300.50 300.50 241.50 357.50 $24.558.00 $25,758.00 P2011746 ABC Fencing P2011308 Arnoff Moving CO add P2011301 White Aluminum Co add P2011898 C7H Baseball & metal Total 12/28/99 - 1/3/00 Total $2.974.679.31 H:\WP\MEMOS\irene POs 1-18-00,wpd '-' ...., MEMORANDUM PURCHASING DEPARTMENT - TO: Board of County Commissioners FROM: Charles L. Bicht, Sr., Purchasing Manager DATE: January 18, 2000 SUBJECT: Hurricane Floyd 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 Floyd: P9915787 Council On Aging P9915788 Lifeline Medical Services P9915789 Able Ambulance P9915610 Dale's Bar-B-Q P9915611 Donut Circus P9915612 Top's China P9915613 Flying J Inc P9915614 Lee's Subs P9915586 Tn-County Feed P2011205 Carlton Paving P2011236 B K Marine P2010957 Aeration Indùstries P2011492 Boynton Pump P2011571 Modular Medical Systems P2011736 Enviroglades P2011822 Consolidated Electric P2011522 Summerlin Seven Seas Total as of 12/15/99 H:\WP\MEMOS\Floyd POs 1-18-00.wpd $5,808.00 10,736.00 5,655.00 59.00 76.00 450.00 433.00 314.00 421.80 9,190.00 7,660.00 1,725.00 683.00 600.00 7,888.00 5,304.00 15.360.00 $72,362.00 '-' P2012038 Graybar Electric P2011950 Summerlin Seven Seas Total 12/12199 - 1/18/00 Total H:\WP\MEMOS\Floyd POs 1-18-00.wpd ..., $628.50 6.640.00 $7,268.50 $79,630.50 " fr '-' 'ffItI i AGENDA REQUEST ITEM NO. c;.!) ft DATE: January 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 00-37 - Commending Robert Rise of Troop 405 for Achieving the Rank of Eagle Scout. BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No.00-37 as drafted. COMMISSION ACTION: CONCU E: [X] APPROVED [] DENIED [ ] OTHER: Review and Approvals County Attorney: ¡cµ Management & Budget Purchasing Originating Dept, Other: Other: Finance: (Check for Copy only, if applicable)_ Eff. 5/96 / -¡ '-' "'" RESOLUTION NO. 00-37 A RESOLUTION COMMENDING ROBERT RISE OF TROOP 405 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 ofSt. Lucie County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that this Board does hereby commend Robert Rise of Troop 405, chartered by Trinity Lutheran Church, for his accomplishment in achieving the rank of Eagle Scout. PASSED AND DULY ADOPTED this 25th day ofJanuary, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ¡;..- '(GENnA REQUEST ~TEM NO. C-5B DATE: January 25, 2000 REGULAR [ PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Resolution No. 00-40 Drainage Easement Roger D. Price BACKGR01WD: The St. Lucie County Engineering Division has requested that we obtain a Drainage Easement from this property owner for drainage and maintenance of drainage facilities. Attached for your approval is the executed Drainage Easement from Roger D. Price. FUNDS AVAIL. : N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board accept the Drainage Easement of Roger D. Price, authorize the Chairman to execute Resolution No. 00-40, and instruct staff to record Resolution No. 00-40 and the Drainage Easement in the Public Records of St. Lucie County, Florida. [ X ] [ ] APPROVED OTHER: DENIED - COMMISSION ACTION: Anderson Administrator XX County Attorney: XX Originating Dept.~ ~ JY Review and ~provals Management & Budget: , XX Public works: ·tli./ / Purchasing: XXEngineering: Finance: (Check for Copy only, if applicable) Eff. 5/96 G,\ACQ\WP\DON\RESOL\R,PRICE\AgendaReQuest2,wpd \..f ...." This instrument prepared by: Donald G. Cole under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 PROJECT NAME: PRICE DRAINAGE EASEMENT TAX ID#: 3404-501-0424-000/5 DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS that the undersigned, ROGER D. PRICE, "GRANTOR", whose mailing address is 1300 West 1st Street, Fort Pierce, Florida 34982 for and in consideration of the sum of One Dollars ($1.00), to them in hand paid the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, "GRANTEE", whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 for the use and benefit of the general public the privilege and easement for the installation, maintenance, operation, repair, replacement, or renewal of drainage facilities in, under, upon, along, over, and across the following described land in St. Lucie County, Florida, to-wit: SEE EXHIBIT "A" ATTACHED TO HAVE AND TO HOLD the same unto the GRANTEE, its successors and assigned forever. Access to the above strip of land over the adjoining lands of the GRANTOR is hereby granted. The GRANTEE may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement, or renewal of any of the above-mentioned utilities or improvements. The GRANTOR reserve the use of said strip of land for any use not inconsistent herewith, but no buildings or structures shall be erected or placed on said strip of land by GRANTOR. The rights herein granted may be assigned in whole or in part. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. '-' ...., IN WITNESS WHEREOF, the undersigned Grantor have hereunto set his hand and seal this i~~l day of January, 2000. Signed, sealed, and delivered in our presence as witnesses: Î . íc'¡v¡,- 7Yt, :f ~ ~Aß.~ . Roger D. Price ~/J-# (' STATE OF FLORIDA COUNTY OF ST. LUCIE BEFORE ME, the undersigned authority, this day personally appeared Roger D. Price, p€'žfJon;¡lly kno~l! to TILe err he has produced his Florida Driver's License as identification, and who executed and the foregoing instrument for the purpose therein expressed. WITNESS my hand and official seal this _I~ day of January A.D., 2000. ".. ",¡;JL , ,\ ,.; ,~..""I 8p. 5/10/2.ûCÚ i ,",' n;) s...~;~eù sySerJlce 1m. \',:::;;/] No.CC635901 '~ [1 P~rsonJIIy lwown )( Other I,D. Jl~ J-l)(ilÒÁJ NOTARY PUBLIC IN AND FOR THE COUNTY AND STATE AFOREMENTIONED My commission Expires: '::>{ Ie/zoo I G,\ACQ\WP\DON\RESOL\R.PRICE\EASEMENT.wpd --- FD. 4"x4" FD. 3"x3" C.M. C.M. #2960 LOT 27 (UNNUMBERED) BLOCK w 57 I: <0 ,., 0 LOT 0 0 LOT LOT ò w w ..... :::> &ñ N -< N 10 0 0 z . N N w 21 .... 0 20 19 .... -< > . > -< z 0 N -< (/) .........- -I .- 0 ..... z (11 <.:> -< -< w ~ MidWAY ROAD (AKA S.R. #712) .." o .- I I I I --------------------~ N 90· 00' 00" E o 10 N .- o .- 40.0' j FD. 4"x4" C.M. #2960 FD. 5/8" IR. N 90· 00' POINT OF 80.64' COMMENCEMENT i· SW CORNER I LOT 20, BLOCK 73 ! FD. 3"x3" C.M. 1 ST STREET LEGEND: 80' R/W CM = CONCRETE MONUMENT IR = IRON ROD <l = CENTER LINE FD = FOUND THIS IS NOT A SURVEY ~ œ4WN lW.A. I-U-" ~~~ NO'I ~ ~ Mo\WI BCWID OF OOUNIY 00MMm0NERS sr. wcm <XXJN'lY, FLORIDA SUR.VBY DlVSON 2m VJROINIA AVE.. Fr. PŒRŒ., FLORIDA TELEPHONE G60 <46Hm SIŒTCH OF I.EOAL DESCRJPI10N OF PROPœIID 2S DRAINADE EASmdFNI' aB3ID AIØIMI) '-' ..., DESCRIPTION: 25' FOOT DRAINAGE EASEMENT AN EASEMENT FOR DRAINAGE PURPOSES OVER, UNDER AND ACROSS A PARCEL OF LAND LYING IN SECTION 4, T-36-S, R-40-E AND A PORTION OF LOT 19, BLOCK 73 AND THE WEST ~ OF VACATED MAGNOLIA AVENUE, TOWN OF WHITE CITY AS RECORDED IN PLAT BOOK 1 AT PAGE 21, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID EASEMENT LYING 12.50' FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE SOUTHWEST CORNER OF LOT 20, BLOCK 73 OF THE TOWN OF WHITE CITY AS RECORDED IN PLAT BOOK 1 AT PAGE 21; THENCE N 90 00'00" E ALONG THE SOUTH LINE OF LOTS 20 AND 19, BLOCK 73 A DISTANCE OF 80.64' FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE N 10 25'33" E A DISTANCE OF 100.03' FEET; THENCE N 38 43'18" E A DISTANCE OF 34.12' FEET TO A POINT ON A LINE LYING 125' FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF LOTS 20 AND 19, BLOCK 73 OF THE TOWN OF WHITE CITY AND THE POINT OF TERMINATION. SAID EASEMENT CONTAINING 3,353 SQUARE FEET MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY THE UNDERSIGNED SURVEYOR AND MAPPER. BEARING BASE: THE SOUTH LINE OF BLOCK 73, TOWN OF WHITE CITY IS TAKEN TO BEAR N 90 00 I 00" E AND ALL OTHER BEARINGS ARE RELATIVE THERETO. CERTIFICATE: I hereby certify that the sketch of legal description represented hereon, dated this ~ day of ,.c;;>qjl4' ~ r, 1999, is true and correct to the best of my knowledge and belief, and meets the Minimum Technical Standards set forth by the Florida Board of Surveyors and Mappers in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.072 Florida Statutes. ~ PROFESSIONAL SURVEYOR AND MAPPER RONALD H. HARRIS STATE OF FLORIDA NO. 4198 NOTE: NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SHEET 2 OF 2 '-' ..." RESOLUTION NO. 00-40 A RESOLUTION ACCEPTING A INGRESS/EGRESS EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing Ingress/Egress Easement is duly accepted on behalf of St. Lucie County this 25th day of JANUARY, 2000. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN ATTEST: CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY G:IACQI W PlDON\RESOLIR. P RIC EIR.solutionOO·~O. wpd '-' ...." .E A?OG~"q ~d/C:<F ¿7¿V.M,ß'A!. or " ¿C'7" / 0 2.0 /1A.Jð 73 . A/,H//¿ é!/TY' ./ i/AC",rE¿J HAC//vðJ¿/A At/¿: 6'~C::k G /t/E 7"vE .A4Y ,ßEAHI·:;'·.YloN ,/0 $7: ¿vc.:,€' CZ'o." ~£JÆ.. RIG NT J r C) ðé} r~/,It../ /1 A./ ~ A.5¿" /"1 ë AJ r ð,V /'1 V ~Að,.oG"ATc¡' l='oA /HG PvÆ,LJo.$¿-- 6.1= Ll~4 /A..J A (é ¿;.. ~.o./J- 8-9-91 ~t/ €s r '-' I s -r ;)' 7: '¡UHfIl~ HO.18ðl1. t,;.1~.' ot the r.lrcult Coort - St. LucIe Comty FHa tuaør:ì~3:1.a1a.. ~ID)K 1233 P1Œ 0576 Rm:IrdId: 07-01.-99 lO:411111P.tt. ¿3')L}jEI'-1E'1V r Ple..e rei urn 10: CH ax 76 This instrument prepared by. Treasure Coast Abstract & Title Insurance Co. 401 So. Indian River Dr. Ft.Pierce, PL 34950 Brenda J.Bidla/Pile no. 99-4489 · Doc AsSUIP: S · Doc TðX $ · Int TðX : $ 0.00 56.00 , 0.00 ParcellD Numb..: 3404 - 5 01- 0424 - 000/5 Warranty Deed This Indenture, Made this 29th Jacobson Auction Company, of the State of Florida oflhc County of St. Lucie Roger D. Price day of Inc. , June , 1999 A.D., Between a corporation existing under the laws Slate of Florida , grantor, lind whose address is: 1300 West 1st, Fort Pierce, FL 34982 of Ihe County of St. Lucie Slate of Florida , grantee. Witnesseth that Ihe GRANTOR, for and in eonsideralion of the sum of ------------------------TEN DOLLARS ($10) ----------------------- DOLLARS, and other good and valuable consideration 10 GRANTOR in band paid by GRANTEE, Ihe receipl whereof is herehy ackoowlcdged, has granled, hargained and sold to Ihe said GRANTEE and GRANTEE'S heirs, successors and assigns forever, Ihe following described land, siluale, lying and being in Ihe Counl)' of St. Lucie Slale of Florida 10 wit: Lots 19 and 20 together with West 1/2 of vacated Magnolia Avenue adjacent on Ea~t of Lot 19 and the South 1/2 of vacated alley adjacent on North of said Lots 19 and 20, all in Block 73, WHITE CITY, according to the Plat thereof, as recorded in Plat Book 1, page 21, of the Public Records of St. Lucie County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to December 31, 1998. This reference to said restrictions shall not operate to reimpose the same. ~ .~ ~ ~1~~~ i and ~~ ~nlor does hereby fully warnnl the tille 10 said land, and will defend Ihe samc againsl lawful claims of all persons whnmsocvec 1 n Witù4øs Whereof, Ihe grantor has hereunlo set its hand and scal Ihe day d year firsl ahove wrillen. SignedSe11ed and delivered in our presence: pn~~·tJZ~Ni?f~t~' Witness ~i:1t:.;, ~"N "[WER witness o JQ'J i~ l f-. r~./_ þ#fØ ~8 'Ii avœ GOOl n Nvr a3^!3~3H By: (Seal) STATE OF Florida COUNTY OF St. Lucie The fi)rcgoing ¡nslrum.:"1 was acknowledged beforc mc this 29th day of June Roger C. Jacobson, President of Jacobson Auction Company, Florida Corporation, for and on behalf of the corporation he is personally known 10 me or he has produced his F lor i da dr i ve r I s 1 i c en seas idcnli lil:ation. (Corporate Seal) ,1999 Inc., a hy BRENDA J. 81DLE MY OOIoIIIISSION , CC II43e82 EXPIRES: May I, 21X11 1ondod1lru~_ ~ ~M6. ~~ét PrJ.nté ame: BREN J, Notary Public My Commission Expires: '-H89 lMcrGmft'lCcdbyc' Dilpby SYllcml,lnc" 1119. (9~1)16J-jHS FumIRWD·1 .. '-' ..., . AGENDA REOUEST ITEMNO.~5~ DATE: January 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] SUBMITTED BY(DEPT): County Attorney PRESENTED BY: Heather Young Assistant County Attorney TO: Board of County Commissioners SUBJECT: 1999-2000 Florida Emergency Medical Services Grant - Fourth Extension of Interlocal Agreement with St. Lucie County Fire District BACKGROUND: See attached memorandum FUNDS AVAILABLE: = RECOMMENDATION: Staff recommends that the Board approve the attached Fourth Extension of the Interlocal Agreement with the S1. Lucie County Fire District and authorize the Chairman to sign the Extension. COMMISSION ACTION: ,¡( - ~] APPROVED [] DENIED [ ] OTHER: Dougla }\nderson County Administrator County Attorney: (}~/ ¡J0. Review and Approvals . ' ;:;:¡¡:¡'4; Management & BUdget~ Other: Purchasing: Originating Dept. Other: Finance: ,,~ ./" I)rfER-OFFICE MEMORANDUM \wJI ST. LUCIE COUNTY, FLORIDA COUNTY ATTORNEYS OFFICE TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-70 DATE: January 19,2000 SUBJECT: 1999-2000 Florida Emergency Medical Services Grant - Fourth Extension of Interlocal Agreement with St. Lucie County Fire District BACKGROUND: On April 16, 1996, the County and the St. Lucie County Fire District entered into an lnterlocal Agreement whereby the County agreed to disburse Florida Emergency Medical Services Grant funds to the Fire District for improvement and expansion of pre-hospital emergency medical services systems in St. Lucie County pursuant to Part II of Chapter 401, Florida Statutes. The lnterlocal Agreement provides for annual extensions to cover future EMS Grants. The County has received an EMS Grant for 1999- 2000. Attached to this memorandum is a copy of a prepared Fourth Extension to lnterlocal Agreement which provides for the disbursement of the 1999-2000 EMS Grant to the Fire District. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Fourth Extension of the lnterlocal Agreement with the St. Lucie County Fire District and authorize the Chairman to sign the extension. Respectfully submitted, ~~' Heather Y ~~ Assistant County Attorney HY /mt Attachment · ' '\ '-' 'WI .- FOURTH EXTENSION OF INTERLOCAL AGREEMENT FOR USE OF FUNDS DISBURSED UNDER THE COUNTY EMERGENCY MEDICAL SERVICES AWARD THIS FOURTH EXTENSION is made and entered this _ day of January, 2000, between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, (the "County"), and the ST. LUCIE COUNTY FIRE DISTRICT, (the "Fire District"). WHEREAS, on April 16, 1996, the parties entered into an Interlocal Agreement (the "EMS Interlocal Agreement") whereby the County agreed to disburse Florida Emergency Medical Services Grant funds (the "EMS Grant") to the Fire District so that the Fire District could use the funds to improve and expand pre-hospital emergency medical services systems in St. Lucie County pursuant to Part II of Chapter 401, Florida Statutes and St. Lucie County Resolution No. 95-21 OJ and WHEREAS, the EMS Interlocal Agreement provided that the parties could extend the term of the Agreement each year to include EMS Grants which may be received by the County and disbursed to the Fire District in subsequent yearSj and WHEREAS, the County has received an EMS Grant for 1999-2000 and the parties have agreed to extend the term of the EMS Interlocal Agreement to cover the disbursement of the 1999-2000 EMS Grant to the Fire District. NOW THEREFORE, in consideration of their mutual covenants and promises, the parties agree to amend and extend the EMS Interlocal Agreement as follows: 1 . The term of EMS Interlocal Agreement is hereby extended to cover the EMS Grant disbursed by the County to the Fire District for 1999-2000 pursuant to Resolution No. 99-237. -1- .- ::: .' ¡, '-' ...., .. 2. Except as expressly extended or amended herein, all of the remaining tel111s and conditions of the EMS Interlocal Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have accepted, made, and executed this Agreement upon the tel111s and conditions above stated on the day and year signed. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK (SEAL) CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY WITNESSES: ST. LUCIE COUNTY FIRE DISTRICT BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS BY: FIRE DISTRICT ATTORNEY g:\atty\j im\interloc\ems-ext. 00 -2- ';P """ ,.... ~ENDA REQUEST ITEM'ft'O. ß /f50 DATE: January 25, 2000 REGULAR [ ] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South County Regional Stadium - Amendment to Agreement with Edlund Dritenbas Architects, P.A. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the amended Agreement and authorize the Chairman to sign the Agreement. [x] APPROVED [ ] DENIED [ ] OTHER: COMMISSION ACTION: Review and Accrovals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 '-' "wi INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 00-85 DATE: January 20, 2000 SUBJECT: South County Regional Stadium - Amendment to Agreement with Edlund &. Dritenbas Architects, P.A. ======================================================== BACKGROUND: On November 16, 1999, the Board approved an Agreement with Edlund & Dritenbas to design and permit the South County Regional Stadium. The proposed fee in the original agreement was one hundred ninety-two thousand six hundred forty-three and 0/100 ($192,643.00) dollars. As a result of negotiated reductions in the scope of work, the proposed fee was reduced to one hundred eighty-six thousand three hundred forty-three and 0/100 ($186,343.00) dollars. A copy of the revised Agreement is attached. RECOMMENDATION ¡CONCLUSION: Staff recommends that the Board approve the amended Agreement and authorize the Chairman to sign the Agreement. DSM/ caf Attachment , - Board of ÜJUnty Commissioners S¡. Lµcie COUf1ty 2300 Viiginia Ave Ft Pierce FL 34982-5652 Telephone: (561) 462-1700 Fax: (561) 462-1704 '-' VENDOR COpy .. . This information must appear on all documents and packages Date: 12/08/99 PURCHASE ORDER Vendor: 22032 í Instructions: Edlund & Dritenbas Architects 65 Royal Palm Blvd Suite 0 Vero Beach FL 32960 For additional information contact: Linda wichnoski (561) 462- X1524 Extended Qty VIM Descrietion Deliver By Unit Price Price WÆm;~¡¡:¡g¡m¡¡~¡:)¡:¡¡¡¡)J¡¡iHm)¡i¡¡¡i~:)@~i;®~~~~¡¡M,-t{@fm.M.mtm¡W~~'¡$M:;*;WW¡:m¡~l¡:!:W¡;;@1i,r~':'_MOCWÆ"'jt.Gm&'§¡¡':@'f._:mma:¡~;gf:'ãw:m}:m~?m:)$:$."j;¡l_ 09/30/00 $1.0000 $192,643.00 192643 EA Architect Services, Architect Services for the South County Sports C99-11-076 Ship The Preceding Leisure 2300 virginia Fort pierce PLEASE SEND INVOICES TO: St. Lucie County Finance Department 2300 Virginia Ave Ft Pierce FL 34982~5652 TOTAL: .~o- This order subject to all terms and conditions set forth on the reverse side. Purchasing Director Page 1 T \I E' AMERICAN~ INSTITUTE (~ ARCIIITECT . 111I êCJc)- //- 01¿' AlA Document 11141 Standard Form of Agreement Between Owner arid Architect 1987 EDITION 1'lIlS J)OCllMl:'NT liAS IMPORTANT LBGAL CONSEQUENCRS¡ CONSUI.TA TfON \'(/1'/'/1 AN II 1 TOUNH'r' IS HNC(){/UACHl) WITH Rl?SPRC1' 1'0 ITS COMPl.Hl'lON OU MO[)/FlCA 7'/ON. AGREEMENT made as of the 16th Nineteen Hundred and ninety nine. day of November In the year of (NillII" ill/d (ltldress) St. Lucie County Florida 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 BETWEEN the Owner: and the Architect: Edlund & Dritenbas Architects, P.A. 65 Royal Palm Blvd. Suite IIDII Vero Beach, Florida 32960 (Nil/III! (/lid ilddrl!ss) For the following Project: Treasure Coast Sports Stadium Com.1 120398VB (11/(:1111/" ,Jo,Wiled tlescril'lIm' c!II'nY/JcI, I.IC(lllc"" ",'dr/Jss cmd Sl'CII'U) A football and soccer field with concrete stadium seating for up to 3000 spectators, a restrooms and concession building, two ticket booths, press box, sky boxes, and support infrastructure. The scope of work shall be full Architectural services as described in Article 2, plus the services listed in Article 12. Procurement system shall be C.M. at risk. The Owner and Archlrect agree ~IS set forth below. CoPyrlHh11917,1926,194H, 1951, 1953, 1958, 1961, 1963,1966,1967, 1970, 1974,1977,©19H7h}'TheAlIIl:riclIlllI~IiI\lI" of An:hÌll:rls, 17,~S New York Avelllle, N, W., WashinglOn, ),c. ;wooó. lh:prmlm:llolI of Ihe lIIalcrial heldll 01 ~\lh~ ;llItbl quotalion of Ìls provisions wilhoul wrlllcn permission of Ihe AlA vlol:lles thc copyrlghllaws of the lIulled Slalcs ;IIHlwill ¡,,: suhjl:LI 10 kgal proseculion. , ' I AlA DOCUMENT B141 . OWNf.1I AIIC/lITIiCT AC;lIlmMENT . I;OIIIITliI!NT/I EDITION .- AlA" . © 19117 1ïll: AMlillICAN INSTlTlITIi OF AUCIIITECTS, 1 ns NEW YOUK AVENUE, NW" WASIIIN<ìTON, I)C ¿oOO/¡ 8141-1987 1 '-" ...., TImMS AND CONDITIONS OF AGHEEMENT BETWEEN OWNEH AND AHCIIITECT ARTICl~! ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Ardlilect's servlccs consisl of those services per- fonncd hy Ihe Ardlilect, An:hltect's employees and Architect's conslIltanls ;IS elllll\lcr;ucd In Arlldes 2 ;IIHI 3 of Ih1s AgrecI\ICnl and ;my Olher services Indlldcd In AniGle 12, * ~~':¡;¡; Q-Af~k'_~Iòöfo""ê6Iò~¡¡ .. HQ.1; QFf~~""'Wi-ðK Ilou~ly as Is consistent with professional skill and car' cI the orderly prowess of Ihe Work, Upon reqllest of Owner, Ihe Archllecl lihall suhmlt for Ihe Owner's a v;11 a schedule for Ihe perl(JI1n;UKe of the Archltcc' ervlces which may he ad usled :IS Ihe I'roleel proc' !d , and shall Include allowances 1(lr periods of lime JP red for Ihe Owncr's review and for ;Ipproval of SIlI).I~iS!ffi) S hy :lIuhorltles having uclsdlclion over Ihe I'role' I1l1le IIlIIlIs eluahllshed hy Ihls schedule :Ipprnved hVÞ )wner shall 11111, excepl for rCó~'¡on:lhle L':IlLSC, he exceeded rtý~m~n~~r"rM~~ï. 1.1.3 The services covered hy this Agreement an: Sllh ecl to Ihe lime IImltalions conlalneLlln SlIbp:Ir:ll:\raph 11.5,1, ~RT~ SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION '* 2.1. ~ The :.r.::hltetl's С¡sle Sendees conslsl of Ihose tlI!scrll11!d In 1'1 fII~;'lIph.; ;1,2 ¡ ICollgh J,á IIntJ IIn)' olher services ItJe J[ltì~d in Arllcl¡¡ 12 :11; P:U1 of 11'11:1£ 5l!rvlcl!li, \lAd Include nocRlal I¡[CUC luc'll, III/.:clnnlnl :uH~""I-~ngh)l!l!rinK Sl!rVhit!Ii, 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The An:hltect shall review Ihe prol:\f:J1l1 ñlrnlshed hy Ihe Owner () asceCl:lin Ih<: reqlllremcnls of Ihe !'co ecl and shall :IHlve al a IIIlIlualundcrslandlng of such requlremenls wilh the Owner. 2.2.2 The Archltccl shall provide a prellmln:lry evaluallon of Ihe Owner's progr;IIII, schedllle :and conslrucllon Imdgel rel ulremcnls, each in terms of I he OIher, SllbjeCl to Ihe limita- tions s<:1 forth In SlIhp:lragJ'aph 5.2.1, 2.2.3 Thc Archllecl shall review wllh Ihe Owner :lltern:lllve ;Ippmaches 10 design ;mt! conslCllcllon of Ihe: !'colec!. 2.2.4 Based 011 Ihe lI1ulllally :Igreed-upon PCOW:IITI, schedule ;lIId (:onslnlclion hlldget requirelllellls, Ih<: ArchlleCl sh:11I prep:lrc::, for :lpprov:11 hy Ihe Owner, Schelllallc DcslHn DoclI' menls conslsllng of drawings :IIHI Olher dOCUlllenlS 1II1I5lfallng Ihe SGlle :1I1l1 rd:uionshlp of !'co eel cOlllponenls, 2.2.5 The Archlte:cl shall submll 10 Ihe Owner a preliminary eSlim;Ue of ConsHlIcllon COSI hased on current :Irea, volumc or Olher \11111 COslS, 2.3 DESIGN DEVELOPMENT PHASE * ~S~_~~d~m,ncdpr~~ca~~~mc~~~n;~~~n~n~ :~~~~r~~~n~n~~~~ri~~4~h~~~~~~Hh~rH~H~r, B141-1987 2 ~~ùW~~~O~~~W~~b~~~~U~~U~~~~~~P~~~' fm :Ipproval hy Ihe Owner, Design I kvclonnu;III-D¡)êíIllICIIIS consbllng of drawings :mcl oll~jL.l(;IIITféí¡¡; 10 lìx and dcscrihe the size and char~S!S:¡;_(.If-rhê Projecl as \() :lrdIÏleclllral, slrll(:' lural, 1)ji:Chlln1c:.l :md electrical SYSICIIIS, 1II:llcrials and such ~~d~~~.~~~Þ~~~~~~ 2.3.2 The Archllcct shall advise Ihe Owner of allY :1I111I:;llIIellls 10 Ihe preliminary eSIIIll:llc of Conslfllclion CoSI. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 nOIsed on Ihe approved Design DevclopmclII I>OCII' menls and any fUrlher ad usllllel1ls III Ihe IiCOpC or qll:illl y o ' Ihe Project or In Ihe constCllCllon budgct alllllC) Ü\:d \ly Ihc Owner, Ihe Archllect shall preparc, for ólpproval \ly Ihc ()wner, Conslrucllon D()Clllnellls conslsllng of Drawings :llId spedlka· lions selling fOrlh In del:lillhe requlrelllcnls 1(lr Ihc conSlnlC- lion of Ihe Prolecl. 2.4.2 The Archllccr 5h:11I :ls51511he Owner In Ihe prCpamlh) 1 of Ihe necessary bidding Inforlllalion, bidding 'orllls, Ihc Condl· lions of Ihe COlllr:lct, :md Ihe 1()fIU of Agreemcnl helwcen Ihe Owner ami COnlC:lclOr. 2.4.3 The ArchlteCf sh:11I advise the Owner of ôlllY ôldluslmclIIs 10 previous preliminary eSIIIll;lles of Conslwl'Iion (:oSI Indl- caled by changes III re< ulrelllellls or I:\cner:llmal'l,el ('OIlIlilloIIS, 2.4.4 The: Archllecl shall asslsl Ihe Owner In COIIII\:<:llon wllh Ihe Owner's responslhillly for Wing tlocllmclIlS rcqlllred I'm Ihe appcov:11 of governmenlal ôllllhol'ilics having jurisdicllolI over the Pro eu, 2.5 BIDDING OR NEGOTIATION PHASE 2:5.1 The Archllecr, following Ihe OWller's approval of Ihe Conslructl()n Docull1enls and of Ihe 1:llesl prclillllllary cSlllllale of Conslfllctlon COSI, shall ;lsslst Ihe OWller In ohlainln¡: hlds or negolla~ed pcoposals and assist III :Iwardlng alld preparing col1lf:JcfS lor conslCllcllon, 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Archilect's responslhllll y 10 provide lIaslc Services for Ihe Conslrllclion Phase IIntler Ihis AgreemclII COlllUICllceS wllh Ihe aW:lrd of Ihe Colllrau for COIISlfLlCllon alld leUllinalCS al Ihe: earlier of I he iss~lallce 10 I he Ow ner or Ihe Hnal Cel1 U1calC for Paymc:OI or 60 days alkr Ihe dale O ' SlIhslallll:11 C :01111'1':11011 of the Work, UIlIeSS cXlended undcr Ihc lerms of Suhparagraph 10.3,3, 2.6.2 The Archllecl st ¡lll provide a<llllllllsHalloll of Ih" C:OII' IraCI for ConslCllcllol1 as SCI I'onh helow alld III Ihe "dllloll "I' AlA J)ocumel1l AlOl, (ìclleral (;olldlllolls "I' Ihe C:OIIII:l<1 '(,1' ConslCllctlon, currCIII as or Ihc dalC or Ihls AgI'C"IIICIII, II II less Cllherwlse providcd III (his A greclllc III , 2.6.3 DillieS, responslhilllles and 1il1lllaliolls or aUIIIOlil yoI' ¡I", Archllecl shall not he reSIrÌl'lcd, modilìed or cXlclI<lcd wllllolll wrlllen agreement of Ihe ()wner alld Ai'chlICCI whll comClIIOr Ihe Conlractor, which ('onsenl shall nol he unIT:lsol\:lhly wilhhcld, AlA DOCUMENT 8141 . nWNlm,AIIClIITI:(;'r A(aU:HMENT . lòOIIlITHNllll: 1 , 10N . AlA" . \£) ~H7 '1111, A~U:III¡;^N lNSllT1ITE CH' AIICllIlI'CTS, IÏJ5 NEW \,()UK AVENI IE, NIX'" WAMIINlìTON, )L loooi> * See Exhibit "A" ..... 2.6.4 The Archilect shall he a represent:lIlve of and shall advise and consull wilh Ihe Owner (I) during conslrucllon unlll 110al paymenl 10 Ihe (;oOlraClOr Is due, aod (2) as an Additional Ser· vice al Ihe Owner's dlreclion from lime 10 lime during Ihe cor- rccllon period described In Ihe COnlraCI for Conslruclioo, The Archilecl shall have :Illlhorlty 10 act on hehalf of Ihe Owner only 10 the exlenl provided 10 Ihls Agreementunlcss olherwlse modilìed by wrillco inslrumeol. 2.6.5 The ArchilecI shall visit Ihe slle al Inlervals approprlale 10 Ihe Slage of COllslruction or a:i olherwlse :lgreed by Ihe OWller :lncl Archltecl in wrlllng () become gener:llly f;lIulll:lr wllh Ihe progress :lnd qualilY of Ihe Work compleled anu 10 del ermine In general If Ihe Work Is being performed In a m:lo- ner Indlcallllg Ih:lt Ihe Work when compleled will be In :lccor- d:lnce wllh Ihe COnlract Docllmenls. Ilowever, Ihe Archllec[ shall nOI he required IU make exh:lusllve or cOnllnuous on·slle Inspections au check Ihe qU:lllly or qU:lruily of Ihe Work, On Ihe h;lsls of oo-slle: ohservalluns as :In :lrchllecl, Ihe Archllccl shall keep Ihe Owner Informed of Ihe progress and quallly of Ihe Work, :lOd shall ende:lVor 10 guard Ihe Owner against defecls and dellclenclcs In Ihe Work, (More extellsil'e site rep,.eselllat/()1I /lwy be agreed () as (III AtltllI/em,,¡ Ser/Jlce. (IS described ill J>amgmpb 3,2.) 2.6.6 The ArchlleC[ shall nOl have COnlrol over or charge of and shall nOl he respunslhle for conslrucllon means, melhods, lechnl, uea, sequences or procedures, or for safely precaullons and progC".Ims III connec[lon wllh Ihe Work, since Ihese are solely Ihe Corllr:lclol"S respooslblllly under Ihe Comrac[ for Conslfllc[lon, The Archllec[ shall nOI be: responsible for Ihe Comraclor's schedules or failure 10 c:lcry Olll Ihe Work In accor- dance wllh Ihe ConlraCI Documenl8, The: Archllecl 8hall not have cOnlrol over or chólrge of aclS or omissions of Ihe COnlrac· lOr, SuhconlraclOrs, or Ihelr agcnls or employees, or of any olher persons performing ponions of Ihe Wmk. 2.6.7 The Architect shall at all limes have access 10 Ihe Work wherever il Is In preparali()n or progress, 2.6.8 Excepl as m:IY olherwlse be provided In Ihe COI1lr:Jct ()ocumcnls or when direct conulIunlcmlons have been spe- cially aUlhorlzed, Ihe Owner and COnlraclOr shall communlcale Ihwugh Ihe Archllecl. Communlcmlons by and wilh Ihe Archl- lecl's COI\SUIl;IIIIS shall be Ihrough Ihe Archllecl. 2.6.9 Based on Ihe Archllecl's observ;lIlons and evahmllons of Ihe COnlraclOr's Appllc:lllons for PaYlllel1l, Ihe Archilecl sh:11I rcview and cenlfy Ihe al\lounlS due Ihe COnlraclOr. 2.6.10 The Archllecl's cenlnc:lllon for paymem shall consll· lule :I represenl:nion to Ihe Owner, based on Ihe Archllec['s ohservalions 011 Ihe slle as provided In Subparagraph 2,6,5 :and Oil Ihe dona comprising Ihe Con(factor's Applic;lIlon for Pay- ment, Ihm Ihe Work has progressed 10 Ihe poilu Indica led and Ih:II, In Ihe best of Ihe Archllecl's knowledge, Informal Ion and hellef, qUólllly of Ihe Wurk 18 In õlceordanee wllh Ihe Conlfólcl Documems, The foregoing represenl;lIlons arc subJecI 10 :111 evalu:lllon of Ihe Work for conformance whh Ihe COnlracI I)ocllluenls upon Suhsl:lnll:tI Com pie I lon, 10 resulls of suhse- t uem leSIS :lOd Inspecllons, (() minor devl:lIlons frqm Ihe COI\' f;ICI Documenls correclable prior 10 complellon :lIul 10 spe· cUic t ualll1callol\s expressed hy Ihe Archllecl. The Issllance of:l CenilÌ(:;lIe for Paymen! sh:&l1 furlher (;onSlllllle a represenlallon Ihal Ihe Conlfauor is emillcd «) pay men! In Ihe amount cenl· fled, I owever, Ihe IsslI:lUce of a CenllìC:lle for Payment shall nOI he a represclllallon Ihal Ihe Archllecl has (I) made exhalls, live or conlinllous on·she Inspeclions In check Ihc t lIalily or ...,., quanllty of Ihe Work, (2) reviewed conSlfllCli()n means, meth· ods, techniques, sequeoces or procedures, (3) reviewed copies of requlslllol\s received from SuhconlraclOrs and m:llerÎ;lI SliP' pliers and other data ret lIesled by Ihe Owner 10 SuhSI:IIIII:lle Ihe COlllraclOr's right 10 pa)'meOl or (4) asccnalned how or for whal purpose Ihe ContraclOr has used money previousl)' paid on account of Ihe Co ) racl Sum. 2.6.11 The Archllect shall have alllhorhy 10 rejecl Wod, which ,does nOI conform 10 Ihe Contracl )oculllems, Whenever Ihe Archllect considers II lIecessary or advls:lble for huplel\lenla· [Ion of Ihe Iment of Ihe COl1lrac[ f)ocumenls. Ih~ ArchilCcl will have authorlly 10 require addlllonóll h18pecllon or leslluK of Ihe Work In accordance with Ihe provisions of Ihe Coulr:lcl I)ocu- menls, whelher or nm such Work Is fahrlclled, jusl:lllcd or compleled. //owever, nellher Ihls atllhorily of Ihe Arch tt:l'llIor óI decision made In good fólllh ell her 10 excrcise or 1101 10 eKeI" cl8e such allfhorlly shólll give rlsc 10 óI dilly or responslhillly of Ihe Archllect [0 Ihe Coucr:lclOr, Suhcolllr:lClOrs, m;lIerlal aud equipment suppliers, Iheir agems or employees or olher per· sons performing ponloos of Ihe Work. 2.6.12 The Archllecl sh:11I review ;and :Ipprove or lake olher approprlale aCliol\ upon COnlrólclor's suhmlllólls sudl as Shop Drawings, Product D;ua ;lI1d SampJcs, hUI only for Ihe lillliled purpose of checking for conformance wilh inliJflllallon givcn and Ihe design conce:pl expressed In Ihe Conlróln 1H.ICIIIIICnls, The Archhe:cl's aCllon shall he lalcen wllh such I'CólSOllahle promplness as 10 cause no delay In Ihe Work or In Ihe ("011· slrucl!on of Ihe Owner or of sepóli11!e COnll'al.:lors, while :llIo\V· lug sllftklenl lime In Ihe Archilecl's professlollal II(II-\IIICIII 10 permit adequale review. Hevlew of such slIhlllluals Is nOI COli' ducled for Ihe purpose of delermlnln!4 Ihe ólceurólcy ;Ind com- pleleness of olher delalls such :IS dimensions aud 'Iuallllllcs or for subst:anll:lIlnglnslrucllons for Inslall:ulon or pClfonllau('C of equipmem or syslems designed hy Ihe CO\lIraclor, :111 or which remain Ihe responsjbllilY of Ihe COlllraClOr 10 Ihe eXlelll required by Ihe Conlracl )ocllmenlS, The ArcllilcCl'S review shall not conslhllle :cpproval of s;lfely IHec:ulI oIlS or, IInlcss OIherwlse spccillcally slaled by Ihe Archilecl, of conslnlcllon me:II1S, melhods, lechnlqlles, sequences or procedures, The Archhect's approval of a specH1c ilem sh..1I nol Imllclle approval of an assembly of whkh Ihe hem Is ¡I compouellt. When professk)Oal cenlllcallon of performallce chólrólnerlsllcs of malc::rlals, syslems or eqllipmenl is required hy Ihe Conll';ICI DocllmeOls, Ihe ArchilecI shall he enlhled 10 rely IIpOIl slll'h cenllk:ulon 10 cSl:lhlish Ihal Ihe macerials, SYSICIIIS or eqllip' menl will meel Ihe perfurm:lI1ce crileria rcquired h)' Ihe COII- IraCI Docllmenls, 2.6.13 The ArchlleCI shall prepare Change Orders and COli' stl'ucllon Change Dlrecllves, wilh supporling doclllllelll:lllou and d:ua If deemed lI(;cess:II'Y hy Ihe Archilecl ólS provldcd ill SlIhp:lfagr:lphs 3,1, I and 3,3,.:\, for Ihe OWllcr's approval alld cxeclIlloJ\ In :Iccordólncc wllh Ihe COnlról<1 I )OCUIIICIIIS, ¡II II I may aulhorlze minor changes In Ihe Wort( 11111 Involvlllll au ad IISlInentln Ihe COnlr;Kf SIIII\ or ¡III eXlcllslolI of Ihc C'IIII,'a." Time which :lfe nOI Incow¡lslenl whh Ihe IIIIclII of Ihc COlllral'l )ocumenls, 2.6.14 The Archllecl shall condtK1 III~pl:<:llnns In dell'flllinl' Ihe dale or d;IIes of SlIhslalllial Complellon and Ihe d:tlc nlliml complellon, shall receive and forward III 1111: (¡wlln 'Ùr III<: Owner's review ;tIIl! records wrillcn wan;lIlIies ami ITIaI 1'1 I docull1enls required hy Ihe COlllraCl 1)( ,('IlIlIeIIlS alld as~clI\ bJcd hy Ihe Conlraclor, and shalllssllc a final (:cflIIJcalc 1'111' I':t)' lIIenl upon compliance wilh Il1e n:quirctllCltls ollhe CIHtll:trl )ocumenls, 3 8141-1987 AlA DOCUMENT 8141 . OWNElI'AIKIIITI!CT A<ìll~EM~NT . I'OIJIIT~ENlll !!DlllON . AlA" . ~) ~IIII Till! AMElUCAN INSTITUTE (W AIICIIIT!!CTS, I7.\S N~W VOIIK AVENIJ~. NW. WASIIIN(,n IN, I) C !lillI/to .. '-' 2.6.15 The Archileel sl\all ÍI\lerprel and decide mailers con- ccrnlng per Ìlnn:lI1cc of Ihe Owner and COl1lr:IClor lindeI' Ihe rel lIlremenls of IIIe ConlraCI )OClllllenlS on wrillen reqllesl of chhcr Ihe Owncr or ConlraelOr. The Archilecl's response 10 sllch rCl lIcslS sh:11I he lIIade wÌlh rC:lsonahlc promplness :lOd wllhln allY Ihlle lillllls ;Igreed IIpon, 2.6.16 Inlcrprelallons and ckclslons of .he Archilecl shall be (:ollsl:;lenl wil h Ihe hllelll of :IIHI re:lsolI:lhly inferahle from Ihe COlluaCl )OClllllenlS :lI1d shall he III wrllillH or In Ihe lillln of drawillHs, Whell lIIal;iIlH SlIch IlIlt:rpn:laliolls and Inlllal ded- slons, Ihe AH:hilet:1 shall endeavor III secure fahhful per/ilr- lIIance hy hOlh Owner and COIllr;u:lor, shall nOI show pal1lalhy () chileI', :IIHI sh;1I1 nm he liahle IiiI' reslll15 o( huerprel;u ons or decblolls so rendercd III good /;11111, 2.6.17 The Archlleel's decisions on lIIõillc:rs rdalh1ß 10 aeslhe· lie cffecl 5h;11I be lìnallf eOllslslel1l wllh Ihe Inlenl expressed In Ihe COI\lracl )ocllmellls, 2.6.18 The ^rchllecl shall rellder wrlllcn decisions wllhln a rea:mnahle IllIIe on ;111 dahns, dlspules or olher mailers In qllcs- 11011 bel ween Ih : Owner ;llId ComraclOr rcl;lIlng II) Ihe exeeu- lion or progress of IIIe Work as provided in Ihe Comracl )ocUlllenlS, a~~~~~~~~~~~~k~bmmrnn~mttmr,~~p~rn~w II IUIICI':I, ndudlllH Ihose In tlUClillol) helw .. Ü,c-owi1cr ¡'lid C:ol\lfllClor. exeepl for IhO:l' . wi! 0 acslhellc effect as pro- vided l~l1l)aA11$ , ,17, shall he suhJect to :Irhllratlol) as ~~~Wfl"rh~~~ftaft.ft8~Prl~~~mm~~'~X~~"B. ARTICLE 3 ----- ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 Tlu: services descrH~ed In this Arllcle 3 arc nOl Inclllded II) lIasle Services IInleS:l so IdemUledln Arllcle I:.!, ¡mdlhc:y shaH he p:lhl lilr hy Ihe Owncr as provided In Ihl~ Agreement, In IIddlllon 10 the compens;ulon IiII' lIaslc Services. The services described IllIder 1':lraHf:lphs j,2 and jA shall only be provided If authorl:.!ed or confirmed In wrlllng by Ihe Owncr, If servlccs descl'lhed under ConrinHenl Additional Services In 1';If:lHraph j,,'\ arc rc( ulred dllc 10 clrCllmSlances be)'onu Ihe Archltecl's conrl"Ol, IIIe ^rchhecl shall nOllfy Ihe Owner prior 10 com· lIIendll l sllch services, If Ihe Owner deems 111:11 such services described 1l1U1.:r l'awlJmph 3.3 arc nOI required, Ihe Owner shall Hlvc prumpl wrlllen nOllce 10 Ihe Al'chhecl. If the Owner Indl<.:ates In wl'lIlIl" Ihm "II or p:u't of such C.Ontll1lJent Addl· Ilonal Services lire nOI re(llIlrcd, Ihc Arehhecl shall havc no ohll· 1J:lllolI 10 provide IIIose scrvlces. 3.2 PROJECT REPRESENT A TION BEYOND BASIC SERVICES 3.2.1 If more extensive represc:nl:lllon at Ihc site limn Is described In :iuhparalJrapll 2.6,5 Is reqlllred, Ihe Archllecl sh;11I pmvlde one or lIIore I'ro ecl Uepresenlallvcs 10 ;lssIsl In carry- h II! 0111 slIch addillonal oll·sllc I'esponsihilil ics, 3.2.2 I'm ecl Ucpl'escnl;ulvcs shall be sclecled, employed ami dlrCL1C(1 hy Ihc An:hltecl, ;lI\d Ihe Al'chilcCI shall hc eOlllpclI' S:lIed Iherefor as :I II'eed hy Ihe Owner and ArchlleCI. The (hllles, responsihilhics :Ind IImll:lllons of alllhorily of I'ro ecl Ih:preselllallvcs shall he as descrihed In Ihe edillon of AlA I )oclllllelllll3 ')2 UIITCIH as of Ihe dale of Ihls Agreelllcnl, IInless luhcl'Wlsc ;Iwced. '..,/ 3.2.3 Throllgh Ihe observallolls hy SlIch I'rojecl Ilcpn:sclI' 1:II ves. Ihe Archllecl shall endeavor 10 provide Iilnhcr pnuec· lion for Ihe Owner againsl dell:els and ddìdcllcies in the WOI' ( hili Ihe furnishing of sllch pm eCl rcpresclllõllion sh:11I no; modify ¡he rlghls. responslbllhics or ohligallolls of ¡hc Archhcl1 as descrlhed elsewhere In Ihis Agreelllelll, 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions In )rawlngs, Specllìc:lllons 01' olln:r docllmenls when such revlsiolls ;ue: .1 Inconslslenl wllh :lpprovals or h1511111:llolls prevlollsly given hy Ihe Owner, Incllldlng revlslolls made neces· sary by ad USlnle/lIS In Ihe Owner's lmgramllf I'm · cel hudgeli .2 required by Ihe en;IClmenl or revision of t:mh:s. laws or regulallons suhseqllenl 10 Ihe pn:parallon IIfsllch docllmenls¡ or .3 dlle I() changes required ;IS a reslllt of Ihe ()wller's faU, lire 10 render decisions In ;1 IhHely manner. 3.3.2 Providing services required because of sl ¡lIlIkanl eh;IIIHC:s In the: ProJect hu;lmllnU, hut /101 11111 II ell hI, sl:i.e, 'lIal. hy, cOlnplexlty, Ihe Owner'lI IIchedllle. or Ihe lIIelhll.1 II ' hid, tUna or ncgotlmlng :lIltl contracllng IiII' conlilnlt:llon, excepllilr services requlretl nnder Suhparagraph 5,2.5, 3.3.3 Preparing Dr:lwlngs. Spccll1c:ulons alltl OIlier (\OCIIIIICII- lallon and supp0rllng d:lla, eV:IIII;ÌI'lng COnlr:It:IIIf'S pmpllsais, ;lOd providing olher services In t:lIlUleClion whh Challgc Orders :lI\d Conslrllcllon Change )irecllves. 3.3.4 Providing services In conneclllln whh evalllallllll sllhsl/- 1IIIIons proposed hy Ihe Cllnlr:lClor :lIId maldng slllls':'IIICIII revisions 10 Drawings, Spcci/ìc;lIillns and wllt:r dOt1II1I1:III:lIillll resulting Ihcrefrom, 3.3.5 Providing consllll:Ollon concerning rcplal'elllelll .. ' Will k d¡un¡lgcd by nre or olher c:ou~e dllrhlH CII/lSlnlcllon. :111<1 '"r' nlshhlK servlcc:s required In CIIII/lectlulI wilh Ihe n:pl:u:emelll of sllch Work, 3.3.6 Providing services made necessary hy Ihc dcl:mll of Ihe C.onlraclOr, hy major defects or dcl1clclldes IlIlhe \~orlt II ' Ihe C.onlraclOr, or by {:llIure of per(orm;lIIce of ehher Ihe ()wlu:r III' COlllraclor under Ihe ClllllraCI for Cllnsl 11 ICI 1011. 3.3.7 )rovldlng services In cvahl:lllng ¡III cXlellslve IlllIlIhcr o ' claims suhmllled h)' Ihe ClllllraclOr or olher,~ III cOllncC:l/olI with the Worlt, 3.3.8 Providing services II) cClnnenloll willi a pllhllt' hearlnl!, arbllrallon proceeding or legal lmt:eedlllg except whcre 1111: Archlleel Is parry I hc:tclO , 3.3.9 PrcparlnK docllmellls lilr alH:rrlõlle, s"paraH: III' s.'qll':lIllal hld~ or prllvltllny IIcrvlees In cllnnecll..n willi 1>1""hlll. 1 11:/1" ilia· lion or consll1lcllon prior 10 Ihc cOlII llcllolI II ' IIIe COllslnlt'· lion )ocumellls Phase, 3.4 OPTIONAL ADDITIONAL SERVICES ~ro .ldhìM ,111.11) ,le.1 (IHIH::-+twHI!P.r-HHfl-Is-iIH,l-p'+>t\hIlH- lIIing Ihe rl::qlljtetfletlp.Htf·dl~µffijt:t+. 3.4.2 I'mvlcllng Ilnand:ll i::I:;ihilil y or olher sped:ll Sllldks, 3.4.3 Prnvldlllß pl:lnnillg SlIIvey:;, :;ilt: 1:\';IIII;lIiIlIlS III 1'11111 par:lllve slwlics of pfllspt:l1ive sile:;, _____.________________ 0·...-_- AlA DOCUUENT 0141 . OWNliII,AIICIIITliCT A(iIIIil:MliNT . l'OIlIITIHiNTIII!DITION . AlA- . ©1~JII7 Till; AMI:III&:AN INS11TIIl1; 01' ....ICllnl;(;TS, 17,15 NliW \'OIlK AVliNlJli. N,W,. WASIIIN(iTON, ) C. !(")U(, ß141-I!)07 4 \..f 3.4.4 Pmvldln \ spcdal surveys, cnvlmnmcnlal sludles and Suhllll:;:;loIIS relluln;d IiiI' approv;lls of govcrnmclual ;Iulhorillcs or Olhel':; h;lving lul'isdinloll over Ihe >ro ecl. 3.4.5 Provldillg services rcl:lllvc 10 fulllfe f:ldlillcs, syslems and el uiplllenl. 3.4.6 Pmvidhlg services 10 Invesllgale exlsling condlllons or fadlllles (II" 10 lIIake me:lsmed dr:lwlngs Ihereof. 3.4.7 1' ,(lI'ldll\l1 services 10 veri/)' Ihe accuracy of dr;¡wlnßs or ulher Inlimuõllhlll furnished hy Ihe: Owner. 3.4.8 I'wvldlllß coordlnmlon uf conslrucllon performed hy sep;u;lIe conH:1I10rS ur hy Ihe Owner's own forces ;lIul coordl- n;lIlol\ of servl(:es required In eonneelion wllh conslrucllon performed ;&1\(1 equlpmelll supplied hy"lhe Ownet". 3.4.11 I'fllvhllnM 6t!rvle"sln liAluu!&:llon wllh Ihe v'url, of" SOA ¡';¡flI'=IIolI m;lIl'lKl.:r or ~c.:p'lr·IIO;: ~onJiIl1l1n1¡ rc.:l:dnlld h}' Ihe , )"'nc.:r 3.4.10 I'mvldlng de:lalled eSlhuales of Conslrucllon Cost. 3.4.11 providing delalleu qU;1I1I1Iy surveys or IlIven ()rles of malerlal, eqlllpmclIl and lahor. 3.4.12 I'rovldlng analyses of owning and opermlng eosls. 3.4.13 1',ovl(II"U Il'Ilwl'lnr d"'618~'1 nlhr,¡r IIlmll:u l~rulC:&:1 ""lllIln!tl for or In "unm";lhJl\ 'Nllh Ihl! 6¡;h~CII(m, f!f( ¡';UI'ømelU III' Inl>ulllmlo \ of f\lrnllur~, furnllihlnB~ '11\,1 1'0;:1'1\",1 C:' III II)Bu:n I 3.4.14 I'rovldlng services for planning lenant or rental spaces. 3.4.15 Making InvCSIIg;lIkms, InvenlOrles of malerlals or equip· melli, or valllalkllls and delalled :tppr:tL~:tls of exl~llnB f.ldlhles. 3.4. UI I'reparlnø;¡ IICI 01 reproduclhle recurd dr;¡wlna" show· hlK slHnlllc;ulI changes In Ihe Work m:tde during conslrucllon hased on marked-up prints, dr;¡wlngs and other ¡lala furnished hy Ihe COlllraclOr ) Ihe Archhcel. 3.4.17 Providing asslslan¿e: In Ihe Ullllz;lIlol1 of e:qulpment or syslems sllch :IS lesllng, ad usllng and h:tl;¡nclng, prepar;lIlon of upcrallun :till I mah1lenance manuals, lralnlng personnel t('r operallon and m:lllllcnanee, and cunsuhallon durlnB openulon. 3.4.18 I'rovldh'" services ;¡fler Issuance 10 Ihe Owner ollhe final <:ertIßc;lIc for I';¡ymenl, or III dlc ahsenee of a tln;¡1 Cer- IUIc;lie (If 'ayment, more: Ih:1I1 60 days aflcr Ihe dale of Sub- SI;lIlIial Complcllon of Ihe Work. -a.4rt1l I'ro"ldlns IiMr"I'=lu¡ of QOA"II~nl ¡ fur mhllr lI\'In ¡¡¡r"hl I t!L'Illrul, 611'11&:1111111, IllIIt1hunl(.'1I1 and IIIIIclrk:11 IInMhlll¡;rlnu pOI' Ihllu of Ihll 1'''''I''cl pru"I"":'1 'III 'I p'lI'I "f U:uilc :;i"r"I"'''1 3.4.20 t'rovll.h'8 noy olher "crvlces 1101 olherwlse Inclllded In Ihill AHfI:c:mcIII or 1101 cuslulllnrUy 'fllrnlshed In nccordanee wllh j(enel';¡lIy acceplell archlleelllr:11 praCllce. ARTIC~E 4 OWNER'S RESPONSIBILITIES 4.1 The Owner sh;¡1I provldc ~ Informal Ion reg;lf(lIna rClllllremellls fur Ihc I'rolecl, Including a pro1!fam which sh;¡1I sel 1i1l1h Ihe Owner's ohlccllyes, schedllle, conslralnls allll crl· lerla, IlIcJudlnu SP;¡Ce reqlllremenls and rc!;¡lloJlshlps, Ilexl· hlllly, expandahjlilY, special eC lIlpmenl, syslems and sile rel ulrelllenls. '..,/ 4.2 The Owner sh:11I cSI:lbllsh :uHlllpdale an ovcrall hlldgl:llilr Ihe Pro ccl, Including Ihe Consll'Ucllon COSI, Ihe ()wlll:r's olher coslS and reasonable cOnllngencies rdlled hi all of Ihese costs, 4~#~~~~~~¥~~M~~~'~4~Q~~~~k~~~+ denee Ihal finallclal a LUlgCJUt;ßIs-It:tvctJe-cn made 10 fllllìlllhe 3'0 tiöttS"'\ttldcr-lf*.i-/rt,>tc:t.'tt1t.'ttt': 4.4 The Owner shall cleslgnalc a reprcsenlallve ;1I"hurlzed III :Iel on Ihe Owner's hehalf wilh respect III Ihe I'rolecl. The Owner or sllch :n"horlzed fc:prcSCnl:lllve shall render dedslons III a Ilmcly manner perlólinlng 10 dOClllllellts SIII>lIIÍlled hy Ihe Arehllcel In order 10 avoid unreasonahh:: dclay III Ihe orderly and se:quenllal progress of Ihe An:hlleL'I'S services, 4~~h~~na-~~-ñœm~T~~r-r~~~~~-P~~ eharolcterlslles, Icgalllmllallons and 111(111)' 10&::lIlons forjJ¡¿S¡le of Ihe: Pro ecl, and ;¡ wrlllen leBa I dcscrlpllolI of I t61le. The surveys and legal Inforlllallon shall IlIdlld' as :lppllC:lhlc, gr:ldes and IIne:s of slreels, alleys, põlV' CIIIS and ;111101111111\ properly and SlfllclureS¡ adjaccn r;lIlIage, rlgllls'lIf-way, restrlcllons, casements, encro' men IS, zoning, deed reslt'll:' lions, boundaries and C( un; of Ihe Sltei Im;allons, dllllell' slons and nc:cess:lr a pen;tlnlng 10 cxlsllIlH hllildlllgs, OIher ImprovcmeOl!.'l Ireesi and IlIformallon eOllccrnhlH õlvallahle IIliIIly &er dS and lines, hOlh puhllc :nul prlvale, ;ahove :lIId helo rade, Including Inverls and deplhs, Alllhe In(urm;lIloII ~~~~~~~~~K~~~~~~~~~+~~*~~~~ 4~Th&~~~~UAKA~~fl~~~k~~~~k~~W~~ neers when such services arc rel iteslcd hy IIIe ~11rcï::'í. SlIch services may Include hUI arc nO! 11m lie .,-res¡ horlnlls, leSI plls, delc:rmlnôlllons of soli he' I v;aluc:I, PI;H;III;IIIolI le:!IS, eV:IIII;¡r!ons of haZ:lrdol ,erlals, around corrosion ami resl:l' IlvllY ICSIS, IngLJ(J ncces:I:lry oper;ulolI:! (or ;1I\lldp:nIIlH "lIh· sOI~dlrTõiÜ, wllh reports :lIId :lppropl'l;lIc prolcsslllllal t'é€affift ~fI H:H !r)fi!;, 4,6.1 The OWllcr shall furnish Ihc services of OIIIl:r cOIlSIII· 1;11)15 when such services :lre reason;lhly rel lIlred hy Ihe scope of Ihe Pro ecl and arc rCl ue:;lI::d hy IIIe Arcllill:t1. 4.7 Thc Owner shall furnish strllctllral, mcch;IIIII:;II, "hellllcll, :111' and w;lIer polhllllln ICSIS, le:!IS for hazardolls 1II;lIcrlal:l, ami IIIher 1:lhor:llory ;11111 envlronmenlal leslS, Inspeclllllls ;11\11 reporls required hy law or Ihe ConnaCl I )OCUllleIIlS, 4.8 The Owner shõlll fllrnlsh all legal, accllllllllng ;llId insurallce counseling servkes ;IS may he: neccss;lry ;11 ;my IllIIe IiiI' Ihe I'ro ecl, Including ;IIIIUtlllg scrvkes Ihe OWller lIIay reqlllre 10 verify Ihe: ConlmClor'H "'I>pllelllloll" '-00' l'''ymclII 01' III UlI('C(1II11\ how or (or wh;1I pllrposcs Ihe <:OIlII':II:lOr hõls IIsed Ihe mOlley paid by or on hell;llf of Ihc OWller. 4.9 The servlce:s, Inform;lIlon, sllrveys ;lIId repons required hy I'aragraphs 4.5 Ihrollgh 4./1 sllall hc fllllllshcd a. Iht: I )WIII:r's expense:, ;lOd Ihe An:hllecl shall he ellllllcd 10 rely IIpOIl Ihe :Icelll'õlcy and compleleness Ihereof. 4.10 PrOm )1 wrlllen nOliec shall he glVl:1I h)' Ihe OWller 10 Ihc: Archllc:cl If Ihe Owner hecomcs aware of :IIIY fallh IIr ,1<:ft:11 ill Ihe I'ro ecl or nonconformance wilh Ihe ConllaCl )1I(1l1l1eIlIS, 4.11 The proposed langllagc of cerlllkaleS or n:flllkallollS reqllcslcd of Ihe Ardlllecl or ArdllleCl'S cOlIsllllallls shall I>e suhmllled 10 Ihe Archilecl IiII' review ;IIHI approl'al al It:asl oj days prior 10 execllllolI. The OWller shallll!)1 ":'lIesl i'I'IIIIIr:l' IlolIS Ih:1I would rel lIlre Iwowledge or servln:s 1>1:)'111111 1111: scope of Ihls Agrcelllelll. 5 B141-1987 AlA DOCUMENT 8141 . OWNI!II,AIICIIITI!CT A<illlil!MI:NT . l'IIIIIITHNTIII:IIIlIIIN . ^I^" . ~III IIJ ï'l1Ii ^MI;IIIC^N IN~ïrrI1lTt: 01' ^IIClIITI;CTS, 17~'i NEW \'1 IIIK .\VI;Nllli, N W, W^:íIIlNl,1( IN, III:. !IIIIIM. '-" ~R!~fLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The COll:aruclion enS( shall be Ihe 100al cosl or eSII- malcd n)sl II> II Ie ()wncr uf ;111 clements uf Ihe I'rojecl designed ur specified hy Ihe Archilecl. 5.1.2 The Conslrucdon Cost shall Include Ihe COSI at current lIIarket rates of I;lhor .uullllalel"ials furlllshed hy Ihe Owner .lIId e(lul >l1Iel1l desi/{lIed, :;pedlled, sdeeled ur :;pedally provided fur h)' Ihe An'hIH:ct, plus a reasollahle allowam:e for Ihe Con· tractor's overlu;ad ami prolÌl. III addltlulI, a reasollahle allow· ;lIlce for conlillgendes shall he IlIduded for m:lrkel condilloll5 ;11 Ihe time of hlddlng ami for changeS In Ihe Work during consll1lc(lun, 6.1.3 Construction Cost docs not Include (he compens:lIlon of the Architect :Ind Architect's consultants, the COS(S of the land, rlghls·of.w;IY, IIn:lnclllg or OIher COSIS which are Ihe respon- sibllll y of the Owner as provided In Arricle 4, 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 I!valu:lllons of Ihe Owner's proJecl budge(, preliminary C::illm.lles uf Construcllon COS( and detailed estlmales of Con- 5t(\&<:tlon Cost, if :any, prep:ared by Ihe Archilect, represenlthe Archl(ect's hest judHmc:nt as a design professlon:11 faOlIIl;lr with Ihe construcllon Industry, It Is recognized, however, Ihal nei- ther Ihe Archllect nor the Owner h:ls control over Ihe COSI of ..11>01', m:llerlals or e( ulpmenl, over the COnlraclOr's melhods (If delermlnlng hid prices, or over compelillve hlddlng, markel or negUllalhlg conditions. Accordingly, Ihe ArchilecI c:lOnot :md docs not warr:lllt or represent Ihat bids or negOllòlled prices will not vary from Ihe Owner's Project hudgel or from any cSlhn;lIe of Cunsl CIICI Ion COSI or evaluallon prepared or agreed 10 hy Ihe A((;hilecl. 6.2.2 No Ibed IImll uf Conslructlon COSI sh:dl be eSl:lbllshe<l as a (:ondltlon of Ihls Agreement hy Ihe furnishing, proposal or cst'lhlishment of a l'rolecl budget, unless such Ilxed IInlil has been a !reed IIpon In wrillng and slHned hy Ihe panics herelO, If such a fixed IIIIIIt has bcen eSI:thllslu:d, the Archllect shall be pennllled 10 illdude cUlulngencks for design, hldding and price eS(';Ilatlon, 10 delermine whall1l:lIerials, e< uipmenl, com· pone ( syslem5 and Iypes of cOl1slrucllon an: 10 be Included in Ihe Cuntracl Documenls, (0 make reasonable adjusllnenls In Ille scope of Ihc I'rojecl :111<1 10 Include ill Ihe COnlraCI Docu· ments :tlrernate hlds 10 ¡Id uslthe Conslructlon COSI (0 (he /lxed limit. l'lxed limits, If ,any, Iih;1I1 he Increaseù In Ihe amount 01':11\ Increase In Ihe Conlr:tcl Sum occurring after execullon of the Contracl for Conslrucllon, 6.2.3 If the OIddll1g or Negoli:lllon Phase has nOl commenced within 90 days aher the Archltecl submits Ihe Conslnlcllon Documents 10 Ihe Owner, any I'mlect hudgel or fixed limit of ConstrU(:llon Cost shall he :lIllusted 10 rellecl changes In thc Hcncrallevcl uf prices III thc COIISIHlCllon Industry bel ween the dale of suhmlsslon of the COllstrucllun Documellls 10 the Owner and Ihe dale on which propos:lls arc soughl. 6.2.4 If a fixed limit of Consuucllon Cost (adlusled as pro- vided In Subparagraph 5,2,3) Is exceeded hy Ihe 10wesI hona fide hid or negolialed propos:tl, Ihe Owner sh:tll: .1 give wrillen approval of an Increase In slIch Ilxed Ihnil; .2 aUlhorlze rehlddlng or renegoli:uin J uf Ihe I'ro ecl wllhln a reasonahle Ilme¡ ...,.J .3 If Ihe Project Is ;Ihandoned, lerminale ill accordancc wllh Paragraph 8.j¡ or .4 cooper:lle In revising Ihe I'rojeCl scope and «lIalil y as required 10 (educe Ihe ConslI'IlClion COS!. 5.2.5 If Ihe Owner chooses to proceed under Clause ').2.1.4, Ihe Architect, wlthoul addilional charge, shallmodiry Ihe Con· IraC( Oocumenls as necessary to comply wilh Ihe lixed limit, If eSlabllshed as a condilion of Ihis' Agreelllenl. The lIIodilkallon of Contr:lCI Oocumellls sh'llI he Ihe limit of Ihe Architect's responslhj lY arlshlH oul of Ihe eSlOlhllsh(lll:1I1 of ,I lìxe<l IÌlIIII. The ^rchltect shall he enlltled 10 COlllpt:II:iõllloll III an·ordallce with Ihls ^greelllenl for all services perli.nll<:d wht,¡her or 11111 Ihe (:omaructlo(l Phase Is ('(.lIInlenced. ~BTIC!:E 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Orawlngs, SpccUlc:lllons :lOd olher dOClllllellls pre· pared by Ihe Archllecl for Ihls Projecl :lre InsIClIIII<:IIIS of Ihe Archllecl's service for use solely wilh rcspeCl 10 Ihis Project :Ind, unless Qlherwlse provided, Ihe Archlll:!.'t shall he deellled Ihe :Iuthor of these documenls :lI1d sh:11I rel.lin all COllllllolllaw, slalulory and olher reserved rlghls, Including Ihe copyriglll. The Owner shall he perlllilted (() ret:lin copies, IlIdudlll! lepro. duclble copies, of Ihe Archllecr's Dr:lwillgs, SpecUkallons and olher documeOls for Inform:lllon' and reference In ('olll1<:(:lIon wllh Ihe Owner's use :1I1l1 occuP:lI1cy of Ihe Project, The Archl, lect's Dr:lwlngs, Specil1c:ulons or olher documellts 5h;11I1I01 he used hy Ihe Owner or OIhers on olher pro ecls, ~"~ this Proleet sr for com ')IQII~~~ uct !ly OIIII.:n,;, ullle:;s Ihe Archlteclls ¡1<lludged 10 he In defauh uncleI' Ihls ^Hreclllelll, except by agrecmt:nI In wrlllng and wilh approprl:ue cOIl1 1en- sallon 10 Ihe Archilecl. 6.2 Suhmlsslon or dlslrlhullon of donllll<:lIl,; 10 mel'1 o flJcla I rcglllalory requlremellls or ,i,r similar purpose:; III eOllllel"lloll with Ihe Pro ecl Is 1101 10 he conslrued as >uhlicaliollln deroga- lion of (he Arehhecl's reserved r¡gllls, ~RTICLE 7 .ARBJI'BAIlON DISPUTES (~ation shall a:mœoce before adjudicatioo) 1.1 Claims, dlspllles ur OIher m:lllers In I uesllon helween the p:lltles 10 Ihls Agreement arlslllg 0111 of or IcI:lllng 10 Ihls Agree· meOl or breach Ihereof sh;lil he sub ecl (() and decided hy iH# . tftllitm-IR-tI€€ttf'th1ftet:-:WilIH hI:: C( ,.1:1111 II: ttntt-lttdt1:ttry-r\rhjlþCI' :~:-=lhY ··;::~r;~jþ;~~~;;;&~~f¡~;~~~ffi. or ~ - Bcrn~n~r.lllml-'Sh" -I)C- lied· ÌlI-wfitiHho-wil!Þ»tt: olher parry In Ihls Agreemcllt :md willi Ihe ^U~I«..l'f'í(fl>lIla' lion Assoclallon. A d~m:II)(1 for arhitr:lIl(wl-t:lln.e IIlade wilhlll a reasonahle: lime aher Ihe dal!J}.-'dI!i[ÏÍlle or olher lIIaller in question has arisen, In nl . rtí.~h'llIlhe demand li'r :lIl1l1r:lllol\ he made afler I ,Ie when Inslllllllon of legal or equilahlc procee as cd on sIKh claim, <lispule or olher 1II:lIler 11\ ( tiöfl-wtlukl-he- 11:1I1'(~d'I¡y; 11~ iI~lit:lthl~ltullh'!T-tlf-1il t IhtllIH~ 1.3~wlt~IIuu-;¡£.I¡¡j¡:¡H4.~u~~lal inH- (j-lllì¡;..AW~ÜlII~;t1l - 6hllll· h~ellltlt...h~OII~ ¡Utllll Hlldullld~"'uf-ÏlHtIi~1 IleH llill II IUI' , al\...: ddhlOQaLp¿:¡:¡;~~nlil ~IIHI-II-fl (tty-t......hl~1>>r=tI¡ffi1, I AlA DOCUMENT 8141' OWNER,ARCIIITECT AGRHEMENT' I'OIlRTEENTlI E0I110N' AlA- . ©1~117 'IlIH AMElIICAN INS11.......1; 01' AnClIITECTS, 17 j) NIiW YOnK A VENUE, N.W" WASIIINCiTON, ) L 2111106 8141-1907 6 '-'" elleepl h) .\ rllI!::I'. eon:i!!nl I;;(:)IU¡ IIIIIIß .1 J H:dlk h.kl~I.CC 'þì Ihls Agreemelll signed hy Ihe Owner, Archilecl, :and an her person or elUll y sOllghl 10 he joined. Cnnsenl 10' lhratlon Involving an additional person or enllly sh:11 01 consllllllC cOlIsel1l 10 arhllralloll of any claim, displl!' l' olher mailer In qllesllolI nOI descrlhed In Ihe wrlllen' Senior wllh a person or elllllY nol named or descrlhed rein, The foregoing agree- IUCIII 10 arhilraH: and oIlier' rcemems 10 ,lfhllr:lle wllh :an :Iddlllonal person or ClUi duly consellled 10 hy Ihe panics 10 Ihls Agreemenl shall speeitkally enli.m:e:lhlc In ,Iccordance wllh ;lppllcahlsJ' In :IIIY courl having Jurisdiction Ihereof. 7.4 Ths.;t~1 rendered hy Ihe ¡uhllralOf or ;arhllralOrs sllõlll he: f n~dÍd lIdH/llent may he emcfed upon II In ¡ (;conlance wllh h..I..IJ,....~I..I... Jun i,. ...., ",""'I.". J........ö j....I.....,U"'lj".... ¿In..'''''I...f. ~!!I!CLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This AßI'e:eJ1lent m,IY he h::rmlnalc:d hy ell her parly upon nOI less Ihan :;cven days' wrlllen nOllce: :;hOuld Ihe 01111::1' party fall :;uhsl¡l1\tlõllly 10 perror~\ In acconl:lnce w\lh Ihe lerms of Ihls AgreemenJ lllI"Ough no 1:11111 of Ihe:: p¡ln)' Inlllaling Ihe lermln:lllon. 8.2 If Ihc Pmleet Is :;uspended hy Ihe Owner for more Ihan 30 consecullve days. Ihe Arch\lecl sh;11I he compensaled li)r ser- vILes perl(¡rllled prlof 10 nOllce of such suspension, When Ihe I'ro eel Is re:;ullled, Ihe Archllect':; compens¡ltlun shall he: eC ul- 1:lhly ad u:;led () provide Ii.u e:xpenses Incurred In Ihe IllIerrup- 11011 :lIul rcsumplion of Ihe Archllcc¡'s :;ervlecs. 8.3 'I'hl:; Aßrecmenl mOlY be lermln:lled by Ihe Owner upon not le:;s Ih¡ln scven day:;' wflllen 1I00Iee () Ihe Archllect III Ihe eVellllh¡¡1 Ihe: >mlccl I:; permanenlly ab:mdoned, If Ihe >ro ecl Is ¡Ihandoned hy Ihe OWller (oc more Ih¡¡n!)O conseclIIlve days, Ihe An:hllecl may Icm¡III.lIe Ihls Agrecmenl hy giving wrlllen 1\111 Ice, 8.4 F¡¡Uure: o( Ihe Owner 10 m;¡kc paymcms 10 Ihe Arehile:cl In ;accofd;lI1ce wilh Ihl:; ABreemelll :;hall be con:;ldered :;lIh:;I¡¡I1II¡¡1 1I0nperliu, H:II1t:e ¡lI1d c;luse for lenl1ln¡lIlon, 8.5 I( Ihe Owner f;aUs () m:lke p¡¡ymenl when due Ihe Archl- lecl for services :111« expense:;, Ihe Archllecl may, upon scven «¡¡y:;' wrlllell nolice 10 Ihe Owner, :;u:;pend per/( , \Iance of :;er- vices under Ihl:; Agreement. IInles:; payment In fuU Is received hy Ihe Af(:hllecl wilhln seven d;IYs of Ihe d:lle of Ihe lIollee, Ihe :;uspellslon :;h.IIII:lI,e dlccl wllhlllll fun her nOllcc, In Ihe: event 01';1 suspensloll of services. Ihe Ardlilecl :;h'llI h¡¡ve no Uahlllly III Ihe Owner for delay or dam¡¡ge caused Ihe Owner because of such suspension of service:;, * &,6-In-th~1 of U:rlllh.¡III,II, I.HI lhc-f.tt1tt-6f-tlu:: l.~I, Ihe ArchlleCI shaU he c.;ol1lpen:;¡¡ted for services pe:rl(lr )lc::etfírlor 10 lermlnallon. IOßelher wilh IIcJmhurs¡¡ble Ii ~ Ihen due and ¡¡II Tenllln:lljoll Expen:;cs as delìne ':lraB....ph Ii, 7, 8.7 1'erl1lln¡¡lIol1 J!xpense:; :Ir addition 111 compensallon for H;lslc ¡and Addillollal 5e' es, ;md Include expense:s whleh ¡Ire dlreclly ¡lIlrlhulOll ) lermlnallon. 1'ermln;lIlon I!xpen:;es :;h;11I he (, uu >u· as ¡I percentage o( Ihe owl compens¡¡llon for II;L~I . ' r\'ke:; mltl Addilion:ll Servln:s earned 10 Ihe lime of ler- 11,111011. 11.1 follttW:t: ;1--Twen and Addllion:11 Services earw;Lw . I Icrmlnallon occurs 1~~!!!n:.HF-tl~ predeslgn, slle analysis, or :ic I¡Z¡-;;:¡ I i~'1 k:dgn-IJI );ISt!!I;-t J f ...." .2 Tt!n rt!fet!1I1 of Iht: 101.11 (é¡,j..¡,......)..ljulI I;" 1I..:>i':...;J.l1L4 Addlllonal Services e;¡rned 10 dale if 'fmlíÍ;lIion occurs during Ihe Design ~J¡~ elll Phasej or .3 Five percent of 111~) Jlpeos:llioll for lIasic and Addll~lal~cs eamed 10 dale if lelmill:lllolI Bl!fetiF!H:ludn1) 1111) :lUh.:l(é'I,I"'¡ 1t'"ph;t3c-, ~!!I~Ç~E 9 MISCEI.LANEOUS PROVISIONS 8.1 Ilnle:ss Ulherwlse provided. Ihls AHI'Cemelll shall he HOv- 1~~~~~_e~r.l~'~Õf '~ls~t;:1f'F.i'Örid:' k'v~:ê 'shffi" le m St. lJJcle aun;y, t-Ionda. 9.2 Tt:rm:; In Ihls ABreelllenr shall have Ihe s:ulle lUeanh)B as Ihose In AlA Document A201, Gener;11 COlldillons of Ihe COII- Iracl for Conslfllcllon¡ curren! as of Ihe !lale of Ihls Agrecllu;III, 9.8 C""~,,".;I \If ..",Ll"u I'L¿ w"-'-u lilt; 1''''' de:. It) 1111:; I\gfcCIJu;tn pe:rialnln8 10 aCls or f;allure:; 10 al.'l sh;1I1 he dee J¡~i1õ"have acerueu and Ihe appll<::lble SI:IIUles oUIUlIr.rnõ';"ls sh:11I COIII- mence 10 run nol 1;IICf Ihan ehl}P'-tI1fElí:lle of Subsl¡uulal COlli' pletlon for ael:; or fal~;1 occurrlnll prior 10 Suhsl.ulljal Completion. 0 1fe"'(1:l1e of Is:;uance of Ihe Unal Cel'll/k:lle IiiI' Paym I' :11.'15 or failures 10 :ICI oceuHlng afler SlIhsl,lIlIial 8.. Th~ O..I\.t:1 ......1 .\.d.h........ .....1... ,.11 "ul.." "II"~I olher and agalnsl Ihe cOlllraclor.s, consullanl~H sand employees oflhe olher for d:U\);Igcs, hUI onlJUt11Tle eXlcnl cov- ered by properly Insur,U1ce durlllu ~ICllolI, excel'l such 1'181115 as Ihey may have 10 I~fríc~~ds ,;':¿ucb IlIsurance as sel fOrih In the edlllon oµtrnoCUI11c:nl A2111, Gcncfal Condillons o( Ihe: (~~:onslnICllon. <:urrcni as of Ihe dale of Ihls Agree a , ' (he Owner and Archllecl cach shall require sllllilar 9.5 The Owner and Ard\heCI, respecllvd)', hind Ihelllsdvcs, Ihelr parlner:;, :;lIccc:ssors. assigns and legal rel>l'eselllallvcs 10 Ihe olher pafly 10 Ihls ABreemcnr ¡lIId 10 Ihe lanners. SIICCCS- :;ors. assigns and leBal represelll:lllves of such olher pany with reSpel.'l 10 ;111 covenam:; of Ihls Agreemenl, Ndlher OWller 1101' Archilecl shall assign Ihls Agrcelllelll Wllhoul Ihe wrillclI COli' senl o( Ihe OIhc:r, 9.8 This Agreemenl represenls Ihe cllllre and hllegr:llcd aHrce- ment helween Ihe: OWller alld Ardlhecl and sllperscd.;:; ;111 prior ne8011;lIlons, represenlallons Of allreeml:ulS, dlher wrh. len or oral. This Agfeemelll may be amellded ollly h)' wl'ltlclI In:;uumem :;Jgned hy hlllh OWller and ArchilccI, 8.7 NOIhlng cOlllalned In Ihls ABreelllclI1 shall crC;lIe a "() lIraC' IIml relationship will! or a C;IIISC of acrlon III 1;11'01' of a Ihird pany aB:llnsl c:llhef Ihe Owner or An:hllccL 9.8 Unless olherwlse provided In Ihls Aglü:llu:lIl. Ihe Archhen and Archilecl':; <:ollsullallls shall have Uti rcsl'oll:;lhllll¡' 1'1" III<: dl:;cllvery, preSelli:e, halldlln (, removal or dbposalol or expo- sllrc II ' persons 10 hazardous m¡lIerlals III any 101'111 :lIlhe I'It .f(TI IiIIC, IlIeludlng hul nOI IImlled 10 ashcSlos, a.~I><':~loS 1'1'1..1".'1:;, polychlllrlnaled hlphenyl (l'ell) or 01111:1' wxlc sllh~laun:~, 9.9 The Archllecl shall have Ihc rlghl 10 illdlldc: n:pre:;CIII:!' lions oflhe design o! Ihe "rolcn, Indlldillg plll) ogl"phs 01 II,,: exlc:rlor ,inti Imerlor, :u\long Ihe An:hilc:n'~ proulollou;11 ,,"eI professional malerla :;, The ^n:hiH:cl',~ maled..1s ~hall 11111 Include Ihc Owner's coufìdc:nlial or propriCl:IIY 1IIIIIIIIIalloll iI Ihe Owner has previously advised Ihe Ardlih:n III wlilillg 01 I 7 8141-1987 ... See Exhibit tlN1 AlA DOCUMENT 0141 . OWNI!II,AIICII111iCT ACìllEEMENl' . ¡;() llInmNTIII:IIITION . ^'^" . I!:' 'IIII 1'111: ^^lIilHC^N IN~lTn TI£ (II' AIIClIlTEClS, 17:\) tH£W YOIIK ^VliNII !, NW" W^~lI/tII;nJN.IJ C ¿IHIII.. '-'" Ihe specific Inform:uion considered hy the Owner 10 he conn- demi:¡ or proprielary, The Owner sh:1I1 provide professional nedil (¡r the Archilecl on Ihc constnlCllon sign ;U1d in .he pro- motional materi:lls IiiI' the I'rojecl. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 1 )Irec. Personnel Hxpense Is del1ned :IS Ihe dlrecl salal'ies of Ihe An:hllecr's personnel engaged on the Pm/ecl and Ihe porllon of Ihe cOSI of Ihelr m¡¡nd.II(!ry .IIHI cuslOmary con- Irlhullons :m<1 h~nel1ls rcl:ucd IherelU, such as emnloylUcOI 1:lxes :lIul olher' sl:lIulOry employee hencl1ls, In5ur:lI\ce, sick le:lVe, holidays, vac;lIlons, pensions and similar conlrlhurlons and henefils, *" 10.2 REIMBURSABLE EXPENSES lion 1(11' Basic .111<1 Addllional Services ;lOd Include: c:xpe es Incurred hy Ihe A..chltecl .11)(1 Archltecl's employees an con- sul1:IIIIS In Ihe lalleresl of Ihe I'mjccl, as Identified In Ih follow- Ing Clauses, 10.2.1.1 f.xpense uf Ir:II1Sporl.lllon'ln conn lion with Ihe Prolecl¡ expcnsc ! In counectlun wl/h :Ullhc zed oUI-ot-lOwn ICIlve!; lonH·dlsl.mcc conullunlcallons¡ an ,e:es p:lId for se:cur- Ing approv:11 of aUlhorilles having jurlsc lion over Ihe Projecl, 10.2.1.2 Expense of reproclu(:tlo , poslagc: :lIul handling of )rawlngs, SpceHìc;lIions and oil I' doeumellls. 10.2.1.3 If ;nllhurlzed In a< :mce hy Ihe Owner, expense: of uvenlallc wo..k rc( ulrlnH Hher Ihan regular f:lles. 10.2.1.4 I!xpc;nse of I' de( ngs, modds and mock·ups requesled hy the Owner, 10.2.1.5 Expe se of addltlon;1I Insurance coverage or limits, Including P' fesslon.1I lIahllll y Insuf:lnce, requesled hy Ihc Owner III xeess of 111:11 normally carried hy Ihe Archltecl ;lOcl AKhllc s cOl\sul1anls, I!xpense of compuler·;¡lded design :lOd dr:lflh1ß -.I 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An Inl1lal payment as set fonh In Paragraph 11.1 is ¡he minimum payment under Ihls Agreemcnl. 10.3.2 Suhsequent payments for Basic Services shall he made mOOlhlyand, where :Ippllcahlc, shall he In pmportloll 10 ser. vices performed wllhin eacII phase of scrvin:, on Ihe h;lsls sel fonh in Suhpar:lgraph 11,2.2, 10.3.3 If and 10 the extentlhat the lime inlllally eSlahlished In SlIhpar;¡gmph 11,5,1 of this Agre:emcnt l~ exceeded or extended Ihrough no 1:11111 of Ihc Archilecl, cOlllpens:lllolI 1<11' ;IIIY ser. vices rendered during the ad<lltional"þi!t'lo<l of tlllle shall he compuled In Ihe manner sel funh ill Suhparagraph 11.;\,2. 10.3.4 When compens:ulun Is hased on a percenl;lgc of Con- slrh'ctlon COSI :In'd any ponlðns of thc Pl'lllcct arc ddeled (II' Otherwise not conslrucled, compensalloll IiiI' Ihose pUfllolls of Ihe Project shall he payahle 10 Ihe exlel1l servlccs are per- formed on Ihose porlions, In accordance with Ihe schedule set forth In Suhpamgraph 11,2.2, h:.secl on (I) thc lowesl hUll:. lìde hid or negollaled propos:ll, or (2) If no SIKh bid or pmposalls received, the mosl recenl prelllllln;lry eSIIIl1:lIe of Conslrut:!lon Cost or delalled eSlim:lle of Constrllellon COSI (Ir such pm· lions of Ihe Prolec!. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of Ihe Archilccl'S Addlllolla Services and for Hclmbursablc:I!'pc:nses shall he made lIIonlhly upon preseOlallon of Ihe Archlleci's SI;lIell1enl of services ren· dered or expenses inc:urred. 10.5 PAYMENTS WITH~IElD 10.5.1 No deductlonli shall he made fl'lllllthe ArchilcCl's nllll- pens:ulon on account of penalty, IIquld'llcd d:ullages or olher sums wllhheld fron1 p:lymenlli 10 c:unlnlCIOrS, ur on :It.·counl ..I' Ihe COSI of changes In IIIe Work olher Ihanlhuse for which Ihe Archilecl has been fonnd 10 he liahle. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Hecords of Relmhursahle Expense:; ami expcn:;cs per· 1:llnlng 10 Addltlon:11 Sen' ¡;e:s and services perlilfllle( un Ihe hasls of :I mulllple of rlll'eCI Pcrsonnel Expense sll'llI he :lV:lU, ahle 10 Ihe Owner or Ihe:: Owner'li :1I1I1I....I:tcd ra:preselll:lllye ;11 mluu:tlly convenlenl limes. ARTICLE 11 BASIS OF COMPENSATION The Owner sh:1I1 compens:lle Ihe Archltecl ;IS follows: 11.1 AN INITIAl. PAYMI!NTof zero )ollals(S 0.00 sh:llIl>e m;lde IIpon execullon of Ihls ^greclI1el1l and c..edited to the Owncr's account :11 I1l1al pa}'IIICIII. 11.2 BASIC COMPENSATION 11.2.1 JOH BASIC SEHVICI!S, as descrlhcd In Arllde 2, : ld any olher services Included 111 Afllclc I ¿ as pari of lIa~ic Sa:rYil'c~, lIa~i<' C:ompcnS:lllon shall I>e compllled as follows: {bu.·,., b".'Ì/~ ul '·UIII!J('US,d/"II. ¡'u:/utJi"l: Sliplllldl!ll SUIIU, ""lllipll.1s 0" per(:"'lIltll:us, tllIll itle"tJjv Jb(ISI!$ Iu II'bid' J",,·IÎ{II/lI,. mdbod.¡ {!I HI"'I'c''''iitlll,,, "/'/'/)', II IIC""C·.~.o;"")'J The Architect1s Basic compensation, Articles 11.3.1 & 11.3.2), shall be includes expenses listed in Article (excluding compensation for services, if any. a stipulated sum of $186,343.00 This sum 10.2.1 on the attached EXHIBIT "A". in AlA DOCUMENT 8141 . ClWNIiII,AIICIII11iCT A<illlil!Mf.NT . fOIlIITf.I!NllII!I>1l10N . AlA· . ©19H7 'nm AMI'IIICAN IN:>1111n1i 01' AIIU I!TECTS, I U~ NEW YOIIK AVIiNllli, N,W" WASIIINGTOI'I. I),c. 2(~~)ó * SEE EXHIBIT ·A·. 8141-1987 8 '-' ....,¡ 11.2.2 Whl:re COll1pl:lIsalioll is h:lsed on a sllpul:lled sum or perccnl:lgc ofConslrucllolI COSI, progrcss paymcllIs IiII' Basic Services ill c:ld, pl1'L~e sl1alllOl:lllhe following pcrcclllagcs of Ihe 10Ialll:L'i1c Compens;ulon payahle: (/11"""1 /IIltIili JII"II,I'''w,~ m /lI'jJn>IIJ'i/lIU) Invoicing will be based on the following percentages of the stipulated sum of $ 186,343.00 IIIddlnlt or Nelt0li:lllon I'h:lse: <,,:~,I!I~I~U~!hll~,!~!~:~~':: _... ,___.____" ___ _ ,. ________ percenl (25.'.fi) $ 48,160.75 perccnI(15~) $ 28,896.45 percclII(48 %) $ 89,444.64 pen:enl( 5%) $ 9,317.15 __,e~~en~J§~~~ $ 10,524.01 one hundred pcreenl (I()()%) $186,343.00 Sdlcm:ulc Dcsiglll'h'L'ic: Deslgll Devclopmenl Phase: CUlllilnll:llun I )OClllllenlS I'h:L'ie: to be invoiced in three parts Toe:1I U:L'ilc Compcns:lllon: 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 1'()It 1'ltOJlìCT IU! >IŒSI!NTATION BEYOND I}ASIC SEIWICHS, ;15 descrlhed In P;tr:lgr:aph 3,2, cUlllpenli:lllon shall he COIII- pUled ;L'i follows: Principals: Gregory Edlund, Paul Dritenbas & John Binkley Technical level One CADD Operaters, Intern Architects & Field Clerical, Administration, Accounting $ Insp. $ $ 110.00 per hour 75.00 per hour 38.00 per hour 11.3.2 l'Olt ADDITIONAl. SI!IWICliS Oil Tun ARCfIITfiC.... lIS descrlhed In Arlldea 3 and 12, mhcr Ihun (I) ^ddlllon;11 "mlcl'l lte )l"CliCncaclun, all delicrlhed In Paragr:lph 3,2, :lOd (2) scrvlces Included In Article 12 as purl (If Addlllul1:ll Services, hUI cxcludlng ser- vlc<::I u( eOI\IÖIlII;UUII, <:Cllnpcn"a,lul\ .h..1I he compuled aa followa (I"",..r. 'It,.d~ It! (',,,,,,,ullu,II"II. ,,,,·,,,tJ!",14 rtlløs 1111(111", ''''''lil./~. oJ ) nIf." PUI'SfU"''''' /!xl"''''. lor ·rillclfHl/s tllII' 4I"'I"t~)'tltJ.,. I,"tl ItIUI"IJ.Y ¡""',,t·t/H,II 11,,,1 c:I(U~;fY t. /.I'~I"I'S. II r"'"I,.,'II. /.II·>lI/fI' sJJ(It:(Ji': $"...·Ic"s /IJ 'Jud, /Jt/r/l':lIlar "'lflhl.as '1 L" '/,IfIU<lIID>I """(1'. if "''''''''Sill)') Same as 11.3.1. 11.3.3 ¡:on ADDITIONAl. SlHtVICES Oil CONSULTANTS, Including addJIJonal srnactumi. medmnle:" :lUd cleclrll:al ennlm:erlng services and Ihuse provldeu under Suhp:mlßraph 3.4,19 or IdenlUled In Article 12 as P¡lrf of Addlllon:11 Servlccs, :1 1111111 Iple of Ole point zero five ( l.Œ ) limes Ihe :1I110uOlS billed 10 Ihe Archlleel for such services, (/,htlll/f)' s/......·üi,' ~I'þ.·. '1.mlS/,l/.ml> 1>1 tlrlle/e 12. // rU'/lIlrut/) 11.4 REIMBURSABLE EXPENSES (Iocluœd in tœ stilXJlated sun.) 11.4.1 ..on IWIMUtlnS...IJI.E I5XI'I!~UmS, 1\/1 desE!'I~Hft-PiI'1I8rApl:j IU,1, ARd IIRr IIIh., lIulna Indlldcd In ".rlldu 1:.1 '1M Ih:lmhIlrH'.hh: I:xrem~es,.. lUultl ')le of ) IIIRSSlhl! êXpen&1!1i liu:urr , d h)' Ih , ".n:hlll!(;l, IIIII! l'I'hlllll"l 's Glupluj'¡¡C:Ii an'" I.:l"UiUhaRI& I'" Ihc IRII:rI:&[ of Ihl: ProjC:¡;I. 11.5 ADDITIONAL PROVISIONS 11.5.1 l Till: IIASIC SfinVICI!S covered hy Ihls Agrcement h;¡vc nOI heen cOl1lple[ed wllhln bÆ!n1¥ ( æ ) mOlllhs of Ihc ualC hcreof, through no faull of Ihe Arcllllccl. exlenslon of Ihe Archllccl's servlccs he yond Ih:llllllle lillall he compcns:ued as provided In Subparagraphs (),3,3 and 11,3,2, 11.5.2 >aynl/::l1Is arc due and payahle thirty 30 ) days from Ihe dalc of Ihe An:hileCI'S Invoice, AllltlllnlS unpaid () days after Ihe Involcc dale shall he:lr Inleresl allhe rale clllered helow, or III Ihe :lhsellCC Ihereof al Ihe Icg:1I rale prevailing from lime 10 lime al Ihe principal place of husllless of Ihe An:hilecl. (I>lterl mlu ,ifllllu,'e>1 "grue./ 11/'011.) Payments shall be made in accordance wi th the Flori da Prompt (I~:~~!'/ ~~'~"~/I""'I> IllIaur Ibu ¡'¡!l~u""l1'rulb 111 Lemllllg tiel. slml/tJr >Il/Ie am/I"cul ~".wn.r .:retllllaw$ am! Ol~!' rUH"lul/,,>It "llbu (,,,.,,,,,'. ",,,I.ird,1- ""'I'S /"'illd/I/II pl"'·u. ".I bllsi/len, Ibe 1",,,1/'"1 "f Ibe l'wJocl alld el."wberu JI ~I' .¡jf.'CllhtJ val (lIly (if Ibis p ' J 'lSlw" 5pudl'.' l..g,,1 wll'l"u :iI..",{¡ I,,; "",,,,,,,.,, ,,·,'11 n'~/H~C lu dl!/cl¡fJ"~ IJI" 'IIOI/i/il.:ld/tÞIIS, U/Ulldsu rC8"r4/i"8 1Ctluinu"I111I$ suc:b us ",,.illC1f1 (Iin' osl4rc$ uf ","iI/un.) I 9 9141-1987 AlA DOCUMENT 8141 . OWNI!R-ARClIl1l:CT A<ìlU:I¡ ' liNT . l'01l1111H!Nl11 ¡¡DillON· AlA- . @1\/1I7 Tim A ' liIIlCAN INS11TIITIi 01' AIICIIlll:CTS. 1735 NI!W YOIIK AVI!NIII!. N,W.. WMilIINlilï1N,1I C. ¿1M Mil, \wi ...." 11.5.3 The r:lles and multiples set fonh for Addlllon:d Services shall be annually adjusted In accordance wllh normal salary review p'r,actlces of the Architect. No salary or hourly rates stipulated will change for the 20 months stipulated in Article 11.5. I. ARTICLE 12 OTHER CONDITIONS ,OR SERVices (I"..rl d.,crl/,lIuIU ,'/ fJlb.r '.,~~C.'. 1,1.",Vy Ad~lIlIu"~1 S.n'lc.s !/~d dull I"lIbl" Unslc ,QJ/J~/JtU'saIlUI! lI"d /IIeJdVlcnllll/U 10 lb. þaJ'",ø,,' .",d comp./ulI,/o" '.n"s ,,,cI,,d.d III 'bll A,"II."'."',), ' 12.1.1 12.1.2 12.1.3 12.1.4 12.1.5 12.1.6 Payments due the Architect under this sgreement shall be in accordance with the Florida Prompt ~ayme~t Act. All promotional material on the above project, shall display the name of the Architect. The Owner agrees to allow the Architect access to the project after comple- tion for the purpose of photographing the exterior. The photo opportunity shall be scheduled at a convenient time for all parties. The Owner further- more herein agrees to allow the ~rchitect to prepare presentation drawings and to submit these drawings, along with selected photogrlJphs, for publica- tion an~/or awards ,programs. The Architect shall maintain Workers Compensation and Employer's Liability Insurance in conformance with state law. In addition, the Architect shall maintain Professional Liability Insurance with limits of ~ 1,000,000.00. A Certificate of Insurance is attached to this' Agreement evidencing such coverage.' The Architect ~hall insure that any of it's sub-consultants main- tain comparable insurance coverage. Cost of Insuranc~, cov~rage is included in our quoted f'ees. surance of increased limits of liability are available upon for an additional charge. Additional in- written request In the event either party, Owner or Architect, makes a claim against the other at law or otherwise, for any alleged error, omission, or other act arising out of the performance of profsa.lonal ..ryic.a, and faila to prove such claim, the losing party ~hall pay all reasonable attorney's fees. B141-1987 10 '-' -...I 1 ' 12.1.7 The Architect shall be compensated 7.0% of the construction cost of any added project facilities or improvements above and beyond those items listed in the Scope of Work dated 12 November 1999, and herewith made a part of this agreement. 12.1.8 The Architect shall provide Programming Requirements for the Project. The fee for this service is included in the stipulated sum compensation per Article 11.2.1. 12.2.0 The Owner will pay for any new or unforseen impact fees, or agency fees which are not stipulated as inclusive in the Architect's stipulated fee and as listed within EXHIBIT "A". 12.2.1 The Architect's fee reflects the design of the project as defined in the Scope of Work dated 12 November 1999, with the understanding that, as additional funding becomes available, the Architect and Owner will negotiate a fee in accordance with Article 12.1.7, for the expanded facilities. This Agreement entered Into as of the day and year first written above. t. LU~C~ C:t.u ~y Board of Colf:"1r fA mml : loners /..-j, '2"-_ ¡¡d I (Slg1/a/llre) räe 7;L/.t:: RÆ In ' 1M/... tI-.Þ~ß.4~, p,e))J(J/P4¿ AMI/$:E!T (Prlll/ed IItIlI/lI tIl/(ll/lIu) , , (Slg 'tI//lre) ~.'6(1J~~ (Prill/ad /la",B alld I/lIs) AlA DOCUMEUT 8141 · OWNI!R'ARCII/THCT AORI!EMI!NT . fOIlRTI!I!NHll!DITION . AlA- . el981 TII8 AMERICAN IUSllllJTI! 01' ARClIIlI!CTS. 1735 NI!W YORK AVENIJI!, N,W., WASIIINUTON, D,C. 20( 06 0141·'007 II ~ '-" ..., 17 January 2000 TREASURE COAST SPORTS STADIUM (Total Budget Summary Excluding Impact Fees) 1. 2. 3. Building Costs (based on 3000 seats): Architectural and Engineering Fees Reimbursable Expenses $2,107,813.00 $ 111,395.00 $ 74.948.00 TOTAL PROJECT COST $2,294,156.00 J NOTE: Total AlE fees at $186,343.00 in lieu of $192,643.00 per purchase order #P2011634. 'Paul U. Dritenbas, Architect A.LA. c: 120398vb,wpd '-'. 17 January 2000 ...., 10.2.1 REIMBURSABLE EXPENSES SUMMARY FOR LUMP SUM SUBMITTAL (Treasure Coast Sports Stadium with 3000 concrete seats) A. Transportation: 60 miles X 60 trips X 29 cents per mile B. Long Distant Calls- Phone, Fax, Cell and E-Mail: C. Site Planning and Review Fees: I. City of Port St. Lucie Planning Dept. 2. St. Lucie West Development Corp. Arch. Review D. In-house Reproduction Plans & Specs for progress sets: E. Mailings: Fes-Ex, U.S. Mail, Priority Mail, etc. F. Plans & Specs for Negotiations with CM at Risk: G. Additional Surveying required (Included in Item-J) H. Programming Phase: (Completed as of 22 Oct. 99) I. Soils Investigations for foundation & permiability designs: 1. Stormwater Management design: 1. Includes $2000.00 General Permit for S.F.W.M.D. 2. Includes $250.00 D.E.P. potable water permit. 3. Includes $250.00 D.E.P. sewer permit. K. Landscape and Irrigation Design: L. Sports Lighting Design, Conduit for speakers, scoreboard control, power to scoreboard, and design emergency lighting for bleachers: M. Model Energy Code & Manual J Calculations for all AlC'd buildings.: N. Threshhold Inspection Fees for 3000 seats per Florida Statutes: O. Environmental Assessment of 10.2 acres- (trees, fauna, gopher tortise, scrub jay, wetlands, etc.) By St. Lucie Co. Sub-Totals Consultants Multiplier Applied @ 1.05 per Article 11.3.3: Totals NOTE: Impact fees, if any, shall be paid by the Owner. c: 120398vb,wpd $ 1,044.00 $ 250.00 $ Waived $ Waived $ 1,000.00 $ 500.00 $ 1,500.00 $ 000.00 $ 6,370.00 $ 3,910.00 $ 18,305.00 $ 19,500.00 $ 15,500.00 $ 500.00 $ 3,000.00 $ 00.00 $ 71,379.00 $ 3.569.00 $ 74,948.00 '-' ...., I¡ EXHIBIT "An (Revised 5 Nov. 99) These "Revised ArtiCles" are to be included in the Owner/Architect Agreement B141, dated 22 October, 1999. 1.1.2 The Architect's services shall be performed as expeditiously as in consistent with professional skill and care and the orderly progress of the Work. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. The Schedule shall be as follows: Design Phase CM Design Review & GMP Phase Construction Phase 28 Oct 99 to 18 Dec 99 23 Nov 99 to 14 Feb 00 15 Feb 00 to 21 Aug 00 Time limits established by this schedule (approved by the Owner) shall not, except for reasonable cause, be exceeded by the Architect. In the event, the Architect, without reasonable cause exceeds the time limits established by this schedule for his Basic Services excluding the Construction Phase, the Architect shall pay the County the sum of $100.00 perwork day as liquidated damages. The Architect will not be penalized for delays, extensions or additional services requirements . caused by any agency reviews, permitting delays, Owner generated changes, or General Contractor default, which exceeds the allocated time stipulated on the above schedule. 2.1.1 The Architect's Basic Services consists of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical, electrical, civil engineering services, programming, landscape architecture, surveying, an environmental assessment report, and providing services in connection with the work of a Construction Manager at Risk retained by the St. Lucie County School District. 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or c: 120398vb,doc Page 1 of 3 · . ~ ...¡ III construction budget, the Architect shall prepare, for approval þy the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. Notwithstanding the requ'irement for Owner's approval of the Design Development Documents, the parties agree that the Owner is relying on the Architect's expertise in designing the project. 8.6 Either party may terminate this Agreement without causes by giving the other party thirty (30) days prior written notice. In the event of termination riot the fault of the Architect, the Architect shall be compensated for services performed prior to termination. 10.2.1 Basic Reimbursable Expenses are Included in the total compensation for Basic Services. These are expenses incurred by the Architect, and Architect's employees and consultants in the interest of the Project, and they specifically include the following with special Notes and Üpset limits: A. Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; and long-distance communications. B. Expense of in-house reproductions, postage and handling of Drawings, Specifications and other documents. Documents (Plans and Specs) shall have an upset limit of $1,500.00 direct cost. Reproduction costs beyond this upset limit will be paid by the Owner. C. Expense of computer-aided design and drafting equipment time when used in connection with the Project. D. Expense of Facility Programming, Feasibility Studies and Analyses. E. Expense of soils investigations and reports, to be utilized for foundation designs and stormwater detention and retention. F. Expense of Survey~ to determine, Topographic, Boundary, Vegetation locations, Existing Facilities, and Utility locations without the Architect incurring sub-surface investigation costs. G. Expense of Environmental Permitting, Stormwater Management Design and Permitting through S.F.W.M.D., Potable Water Permitting through D.E.P., and Sanitary Sewer Permitting through D.E.P. c: 120398vb.doc Page 2 of 3 '-' ....., H. Expense of Landscape and Irrigation Consultants for the design services, specifications and observations· of installation for plantings, soil and irrigation systems. I. Expense of the Florida Model Energy Code Calculations. J. Expense of Site Plan Review Fees required by the City of Port St. Lucie Planning Department. K. Expense of Engineering Inspection Services and reporting services required by the State of Florida for Threshold Inspections. L. The Expense of Architectural Review Services by the St. Lucie West Development Corporation have been waived by direction of Shawn Reilly, Vice President of Marketing. M. Expense for Sports Lighting Design System and the Emergency Lighting System. c: 120398vb,doc Page 3 of 3 \..f ..." PROJECT SCOPE: 12 November 1999 and as modified by the joint committee on 14 January 2000. The overall scope of this project will consist of the following list of items. Please note that not all of these items can be constructed at this time due to limited funding. However, the project will be master planned to accommodate the ultimate build-out. 1. Precast concrete seating for 3000 people. Home side 3000 in concrete and Visitors side to be 1200 aluminum supplied by others. All seating will be accessible by the use of a switchback ramp system. Safety guardrails will be included at all sides and backs of the seating areas. The seats will be extruded aluminum with welded end caps and secured with all stainless hardware. Railings will be face fastened on all precast curbs in lieu of core drilling with epoxy sets. 2. A Pressbox with four adjacent sky boxes served by a hydraulic elevator. This will occur at the Home side only. The approximate size of the single Pressbox and Skybox combination is 15 feet deep by 80 feet long, or 1200 sq. feet. Casework shall be included in the pressboxes. No bathrooms will be provided in the Pressbox and Skybox areas. 3. Concessions and restrooms building; one on the Home Side only. Restrooms to meet the ADA and F AC requirements and in accordance with the standard plumbing code 1994 edition. Concessions equipment to be limited to sinks only. Roll down stainless steel counter curtains shall be installed at each concession window. 4. Two ticket counters for Day-Of events. Advanced ticket sales will be handled at the Met Stadium ticket facility. 5. An elevated scoreboard will be provided by others. The conduit to the press boxes and the elevated support structure for the scoreboard are included in the scope of work. 6. Sports lighting to meet the requirements for 50 foot candles per square foot. The lighting shall also have the capabilities of being reduced to 30 foot candles for regular observations of concerts and high school events. The Engineering Design of the lights, poles, conduits, contactors, main panel and keyed switch shall be in the scope of work. 7. Football Field at 160' x 360'. Soccer field at 225' x 375'. No 400 meter track is to be included nor considered in the masterplan for future installation. This will allow the seating to be placed closer to the fields. The football field will be placed within the soccer field. 8. Goal posts and soccer goals. The goal posts will be the 90 degree offset base design to keep them out of the soccer playing field. The soccer goal frames will be custom fabricated out of thick wall aluminum tubing. The nets are not in the scope of work. · , '\wi ....., 9. Parking for 6 buses or 2 tractor trailer trucks, and approximately 82 automobile spaces are included in the scope of work. General Admission Parking will be facilitated by using the existing paved and grassed parking of the Met Stadium directly north of this site. Curb cuts onto N.W. University Boulevard will be required as well as a sidewalk for the length of the developed frontage and access to the Mets parking areas. A cross parking agreement with the Mets Stadium will be required for City of Port St. Lucie Planning Department. 10. Stormwater Management will be required and can connect to the permitted drainage system as part of the DR! approved St. Lucie West system. 11. Site Plan Approval will be required through the City of Port St. Lucie. 12. Upland preservation of 25 % of native trees is required for this project. If an interlocal agreement can be worked out between the two municipal agencies, the mitigation fee payable to the City of Port St. Lucie by St. Lucie County may be waived. 13. Soils testing for the stadium seating and the balance of the proposed buildings will be required to determine soil bearing pressures for foundation designs. Soil borings will be required for the design of the playing fields. 14. Conduit for a public address system and an internet broadcasting system shall be included. The actual Electronic Devices and Equipment shall be provided by the Owner. 15. Perimeter 8 foot high black chain link security fencing will be required. 16. Accessible concrete walkways will be required throughout the project, including access to the Pressbox elevator at grade level. 17. Landscaping and Irrigation for the fields and site are required. Irrigation water shall be pumped from the lake north of Mets Stadium. Reclaim water is available but is not a dependable water source. The pump design will be by the County and the sizing of the supply line shall be by the Urban Resource Group's Landscape Architect. The supply pipe shall be brought to the site at the Northeast corner of the property by the Contractor. The directional bore under University Blvd. shall be provided by the County. 18. Sod for the playing field shall be bermuda, as specified by the Landscape Architect. The balance of sod shall be bahia, as specified by the Landscape Architect. 19. Signage for identifying the stadium and directional signage on site will be included. 20. No individual school color scheme will be applied. Color of buildings and metal roofing shall be selected by the Architect and approved by the Owner and St. Lucie West Development Corporation. 21. Pedestrian lighting on the site, walkways, parking areas, and the bleacher walkways, is required to meet the ADA and will be included in the scope of work. · . '-' ...,¡I 22. Additional surveying is required to provide topographical information and utility location information to the design team. The boundary survey has been provided to the Architect. 23. The procurement system being utilized by the Owner shall be "Construction Management At Risk", by employment ofW.G. Mills, Construction Managers. 24. The Electrical Service will be supplied by Florida Power and Light Company. 25. An ELS (Emergency Lighting System) with battery backup power supply shall be included for emergency lighting on the bleachers and stadium steps. 26. Locker rooms, a second concessions/bathroom building, an elevated stage, a 3000 square foot maintenance building, and 3000 concrete bleachers on the visitors side will be shown on the Master Plan only, and no construction plans are to be included for these facilities at this time. 27. Time Frame for Deliverables: 14 October 1999 22 October 1999 28 October 1999 23 November 1999 1 December 1999 19 January 2000 14 February 2000 15 February 2000 21 August 2000 Respectfully Submitted, RFQ responses by CM's due to Andrew Favata Review and Short list CM's CM's oral interviews CM hired and on the Team Submit for Site Plan Approval Working Drawings Completed G .M.P. Delivered to Owner Commence Construction by CM at Risk Project Completed and ready for play Paul U. Dritenbas, Architect A.LA. c: 120398VB,wpd , '. , ~ " ç. .....~- -. -- --..--.-.-.,.--- ~; .........111.' i~~E S" ~lril·~Atf'~:i!I·'LiJ':"'S"WW":'::"':¡ Eifjr'" N~"": nAtl"MMlI1lJ/nl ;' :'! .ft.... . ~~¡t~:.:., >-..:!1J:~: ;.H~..:~MJI:J -_.~;. ';i::~ .:. .~." .:" ,···.·.:,m~. .:.... ';~"" 2 2 5 E P 99:: , """ ".",.",."""",,«""'''~'''~''~Wf'~''~'~'~~*~''t:*i>:~*,~;¡;¡¡'td¡M~¡o¡<Mf.*1 . Em*'" '. "", .,:l:". .:'¡'. *'" ,~':. ' pnODuoen . TI~IS CERTIFICATE IS IS ED AS A MATTER OF INFOR ATION SUl1coast Insurallpe Associates. ONLY AND CONFERS NO RIGlfTS UPON TilE CERTIFICATE '~~~i)a ~O~L 22~~~22 -2666;J¡:~!;i ::Pm¡"TI~"~:::~=!f~:~~i:':' eXCEss LIABILITY -X UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKEnO OOMPENSATION AND B EMPLOYERS' LIABILITY ntE pnopntETon/ INeL PARTNEns/execUTlve OFFlcens ARE: EXCL A OTHER Professional iability · · · OTATUTORYLlMIT8 ; '. i:' :'::""'i',::t'" )';k~: EACH ACCIDENT . 100 . 000 DISEAse-POLICY LIMIT . 500. OOº-. DISEASI!-I!ACHEMPLOYEE. 100 00 $1,000,000 per claim 6/10/00 $2,000,000 aggregate UMITS INsunED COMPANY B . Zurich-~rican Insurance Cœvanv Edlund & Dritenbas, P.A. 65 Royal Palm Blvd. suite D OOMPANY . ero Beach, FL32960 DState Far~ Fire & Casualty .çø.Y~~~~..J~;:.:-·..:..:.h~t:~;:·¡~..~·~·, :~..." .=; .~. _".:..', <~ _,' ...... _'"'' ',,", .". " .', . .",. .', ", ,', :t···· ,', ',- ".' .........~..~._....:::..:.::..: ',:.:'" .' ~.. .... 1111S 18 TO CEnTlFY TItAT nil! POlICIES OF INSUf1ANCe. U8U!D BELOW HAve 8EI!N ISSueD TO THe .INSUÆD NAMeD ^soYe ..on THI! pOLICY PÌ!nlOÖ .' ,INDICATED, N01WITlfSTANDINO AHY REOUI1EMENT. TERM OR OONDITION OF ANY OONTRAot on OTHER DOOUMENT WITH hESPEO'T TO WHICH THIS ... CEnTlFlC^TE MAY BE ISSueD OR MAY PERTAIN.. THE INSURANOE AFFORDED BY THE! POllOE8 DESORIBED HEflEH IS SUBJeOT TO All THe TERMS. exCLUSIONS AND CONDITIONS OF SUCJ' POlICIEs. WITS sl-IoWN MAy HAvE BEEN REDUCED BV PAID oLAIMS. POUOyeFFEOTIVE lIoy e)(PIAA TioN DATI! MM/DD/YY) DATI! (MM/DDIYY) CoMPANY CState Farm Fire & Ca~ualty 00 un TYre OF INI!URANCI! !lENERAL AOORECJATE . PRODUOTI!-COMP/OP Aoo . OENERAL LIABILITY T OMMEnCIAL OENÉnAL LIABLIT C = .~CLAIM9 MADE I!] OCCUR WNER'S & CONTRAOTOR'S PROT 4/2'7/00 ~!!rOMOBILE LIABILITY X I ANY AUTO _ ALL OWNeo AUTOS C _,.1 'J-::~II!t)'JLI!U r,.!;'rOIì HIRED AUTOS NON-OWNED AUTOI! 4/ 2 7/ 00 BODILYINJUAY (per per,eon) · BODILY INJURY (per accldenl) · PROPlmTY DAMAGE . .!~"AOE LIABILITY ANY AUTO AUTO ONL Y -EA ACOIDENT . OTHER THAN AUTO ONL YI EACH ACCIDENT AOORECJATe !!~çJ:l ~.5!£~_"",~tf_OIl AOOREOATE '...: " " OESCRIPTlON OF OPERA TION9/LOOATlONS/VEHIOLES/8PE0IAL ITEMS Professional Liability is claims .made and report~d. CÊi1tjtjðAt~.Höw~ftMfM#@.@f¥MWW¡¡¡il~~tlliihv.J.mtll¥im.m.~%1int..WM¡~nðAN.~WiAt¡Ó.N¡W¡:j:WWi:WM#m~W@W@fNN~#J.;;;nm¡@$.WïW¥¡%';W1#WW%~f: , .. , SHOULD ANY OF THE ABOVE DeBOAIBeo pOLloles Be oANoeLLED BI!Fone THE For Proposal Purposes', I!XPIRATION OMETHEREOF,THelS9UINOOOMPANYWllLENDEAVORTOMAIL ..3...0.- DAYS WRlnEN NOTICE TOTHe CERTIFIOATE HOLDE'" NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTice SHAi..lIMPOSE NO OBUCJATION OR lIABIUTY OF ANY KIND UPDN THE COMPANY ITS ACJENTS OR REPRESENTATIVES. AU~RI,zeD REPRESENTATIVE ' . ·Atðfib¡¡¡k9íJj·j.t1.00,.'M\r':t'';¡~:Ài¡¡¡ðð;¡¡a¡¡l!ði14flðkl¡¡i5, I I. I '--- ~ AGENDA REQUEST ...., ITEM NO. C-6 \ \ DATE: January 25,2000 SUBMITTED BY(DEPT): ENGINEERING DIVISION REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: ~~~.g,~~ (Óonald B. WeJi, P.E. County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Interlocal Agreements with the Property Appraiser and Tax Collector Raintree Forest, North A1A, Westglen, and River Branch Estates Municipal Services Benefit Units BACKGROUND: See Attached Memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board approve the Interlocal Agreements and authorize the Chairman to sign the Agreements. pq APPROVED [] DENIED [ ] OTHER: Quglas M. Anderson County Administrator COMMISSION ACTION: [X] County Attorney: 3f. B./ V Coordination/Siqnatures []Mgmt & Budget: [] Purchasing: [X] Public Works Dir: [X] Co Eng: -¥Q r [] Finance Dir: [] Other: '-' w COMMISSION REVIEW: January 25, 2000 ENGINEERING MEMORANDUM NO. 00-017 TO: FROM: DATE: SUBJECT: Board of County Commissioners County Engineer January 14, 2000 Interlocal Agreements with the Property Appraiser and Tax Collector Raintree Forest, North A1A, Westglen, and River Branch Estates Municipal Services Benefit Units BACKGROUND Attached are draft Interlocal Agreements with the Property Appraiser and Tax Collector for the referenced Municipal Service Benefit Units ("MSBUs"). The Agreement(s) with the Property Appraiser allow for the Property Appraiser to provide the County with certain information and for the County to reimburse the Property Appraiser for their necessary administrative costs incurred under Section 197.3632, Florida Statutes (1997). The Agreement(s) with the Tax Collector allow the County to reimburse the Tax Collector for their necessary administrative costs incurred under Section 197.3632, Florida Statutes (1997). Both Agreements are required by Section 197, Florida Statutes which gives the authority to create MSBUs. RECOMMENDATION Staff recommends that the Board approve the Interlocal Agreements and authorize the Chairman to sign the Agreements. BP cc: Staff Concurring Property Appraiser Tax Collector Finance Director OMS Manager g\wp\msbu\riverbr\aga-patc. wpd '-' ...." INTERLOCAL AGREEMENT RAINTREE FOREST ESTATES MUNICIPAL SERVICES UNIT THIS INTERLOCAL AGREEMENT is made and entered into this _day of , 19_, by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and DOROTHY JO CONRAD, as St. Lucie County Tax Collector (the "Tax Collector"). WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the Raintree Forest Estates Municipal Services Benefit Unit (the "Raintree Forest Estates MSBU") in unincorporated St. Lucie County for the purpose of funding a project to provide potable water to the properties within the Raintree Forest Estates MSBU; and WHEREAS, the County intends to use the unifonn method for the levy, collection and enforcement ofthe non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (1997); and WHEREAS, the County and the Tax Collector have agreed to enter into a written agreement whereby the County will reimburse the Tax Collector for her necessary administrative costs incurred under Section 197.3632, Florida Statutes (1997) in providing this infonnation related to the Raintree Forest Estates MSBD. NOW, THEREFORE, in consideration of the mutual covenant, conditions and promises contained herein, the parties agree as follows: 1. This Agreement is entered into pursuant to Sections 197.3632 and 163.01, Florida Statutes (1997). This Agreement embodies the whole understanding ofthe parties. There are no promises, tenns, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. The above representations are true and correct and incorporated herein. 3. The parties agree that commencing with the 1999 tax year, for a period of twenty (20) years the County shall; a. Provide written notice to the Tax Collector, which notice shall include a certified copy of the Resolution creating the assessment. b. Provide the Tax Collector with copies of all other resolutions relating to the Raintree Forest Estates MSBU, including but not limited to any resolution authorizing a change in the amount of the special assessment levied against any parcel of property within the Raintree Forest Estates MSBD. c. The County shall, in writing, notify the tax collector of the representative (s) authorized to submit a correction on DR Fonn 409A. The County shall also notify the tax collector in writing, '-" ..., ofthe official authorized to submit the factors. d. Provide the tax collector thirty (30) days prior to presentation of certified rolls, with all proposed details regarding yearly billing, prepays, payoffs during tenn, payoffs after first billing (ie; amortization) and other costs that may be added after prepays. The parties mutually agree to negotiate a fonnat that is acceptable to both parties. The tax collector reserves the right to reject the proposed fonnat of the data if it is not compatible with the current collection system and she has not been involved in the development of the fonnat. e. Certify a non-ad valorem assessment roll on compatible electronic medium to the tax collector on or before September 15 ofthe first year. The assessment roll shall contain the posting of the non-ad valorem for each parcel and contain the following infonnation for all real property located within the boundaries of Raintree Forest Estate MSBU: (1) the St. Lucie County Property Appraiser's parcel number; (2) the property description: and, (3) any other infonnation as may be mutually agreed to. Such roll certified to the tax collector shall be a separate assessment roll showing the amount of the special assessment applied to each parcel with the Raintree Forest Estates MSBU, including any parcels for which no special assessments were levied. The certified special assessment roll shall show the total of all special asessments for the Raintree Forest Estates MSBU. If any changes to the MSBU roll need to be made, it shall be the responsibility ofthe County to file a corrected roll or a correction of the amount of any assessment. f. All assessments shall become liens by operation of law as specified in Section 197.122 F.S. (1993). No liens shall be recorded outside Section 197.122 F.S. 4. The parties agree that commencing with the 1999 tax year, for a period of twenty (20) years, the tax collector will collect and disburse the Raintree Forest Estates assessments. Specifically the tax collector shall: a. Produce and pay for combined notice of ad valorem taxes and non-ad valorem assessments pursuant to the requirements of 197.3635 F .S. b. Collect all special assessments complying with the provisions of this agreement, and remit the funds to the County on a monthly basis, less the deductions allowed in paragraph 5A of this agreement. c. Deposit all collections of special assessments in the same account used for collection 2 '-' ~ of ad valorem taxes; however, the tax collector shall provide a statement to the County showing the amount of special assessments collected. 5. The County agrees to reimburse the Tax Collector in accordance with Sections 197.3632 (2), and 192.091 Florida Statutes (1997) for necessary administrative costs, if any,incurred in connection with the Municipal Services Benefit Unit. Administrative costs shall include but not be limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The parties acknowledge and agree that a good faith estimate ofthe cost of collection, based on prior experience with like projects, exceeds two percent (2%) ofthe total collection. However, in order to keep project costs as low as possible, the tax collector agrees to accept two percent (2%) of the collection as her reimbursement. 6. If, due to unusual or extenuating circumstances, the tax collector's necessary administration costs of performing the services required by this agreement exceed the usual and expected compensation provided for in paragraph 5 above, the County agrees to pay any additional sums required to fully reimburse the tax collector for her necessary administrative costs as documented by the tax collector. 7. The parties acknowledge that the tax collector is entering this agreement without any determination that the County is legally authorized or qualified to collect its non-ad valorem assessments pursuant to Section 197.3632, Florida Statutes. It is understood that it is her ministerial duty and she has no authority to refuse that duty; question compliance with Chapter 197 Florida Statute; determine the legality of the assessment or determine the constitutionality of any lien resulting from nonpayment of the assessment. In recognition of all of the above, the County shall, to the extent permitted by law, indemnify and save harmless and defend the Tax Collector, its agents, servants, and employees from and against any and all claims, liability, losses, or causes of action which may arise from any misconduct, improper action, negligent act or omission ofthe County, its servants, or employees in the performance of services under this Agreement. 8. This agreement may be terminated by either party, without cause, upon one hundred eighty (180) days written notice prior to November 1 of each year. Any termination ofthis agreement shall not affect the tax collector's responsibilities for tax years prior to the date of termination. 9. Any alteration, variation, modification, extension, renewal, or waiver of the provisions of this agreement shall be valid only when reduced to writing, duly authorized and signed by all parties. Any amendment will be entered prior to January 1 of the tax year in which such amendment is to become effective. This agreement and any subsequent amendments shall be filed with the Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes (1997). 10. This agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. 3 .' '-' '..,/ 11. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 If to the Tax Collector: With a copy to: St. Lucie County Tax Collector 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Tax Collector Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 IN WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year noted below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 4 WITNESSES: '-' J'J.¡'û.,\5Y\ ~1t..lvn\,~ \'V''''-''0r 1JIt,,{ c ,,/¡C ~) t1 Ý£,,¿M/ .." Date: \" \~~~ APPROVED AS TO FORM AND CORRECTNESS: ~o1~~y 5 '-' ...., INTERLOCAL AGREEMENT RAINTREE FOREST ESTATES MUNICIPAL SERVICES BENEFIT UNIT THIS INTERLOCAL AGREEMENT is made and entered into this day of by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and DOUGLAS S. PUTNAM, as S1. Lucie County Property Appraiser (the "Property Appraiser"). WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the Raintree Forest Estates Municipal Services Benefit Unit (the "Raintree Forest Estates MSBU") in unincorporated S1. Lucie County for the purpose of funding a project to provide potable water to the properties within the Raintree Forest Estates MSBU; and WHEREAS, the County intends to use the uniform method for the levy, collection and enforcement of the non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (1997); and WHEREAS, the County and the Property Appraiser have agreed to enter into a written agreement whereby the Property Appraiser will provide the County with certain information and the County will reimburse the Property Appraiser for his necessary administrative costs incurred under Section 197.3632, Florida Statutes (1997) in providing this information related to the Raintree Forest Estates MSBU. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties agree as follows: 1. GENERAL. This Agreement is entered into pursuant to Section 197.3632 and 163.01, Florida Statutes (1997). This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 1 '-' ...., 2. PROPERTY APPRAISER. Annually prior to June 1, the Property Appraiser shall provide the County with the information described in Section 197.3632 (3) (b), Florida Statutes (1997), for the Raintree Forest Estates MSBU. This information shall be provided by list or compatible electronic medium and shall include the legal description of the properties within the boundaries of the Raintree Forest Estates MSBU and the names and addresses of the owners of such properties. This information shall reference the property identification number and otherwise conform in format to that contained on the ad valorem roll submitted to the Florida State Department of Revenue. 3. REIMBURSEMENT. The County agrees to reimburse the Property Appraiser in accordance with Section 197.3632 (2), Florida Statutes (1997) for the necessary administrative costs incurred in connection with providing the information described above. Administrative costs shall include but not be limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. Payment by the County to the Property Appraiser for these costs shall be made within thirty (30) days from the County's receipt of a properly submitted invoice from the Property Appraiser. 4. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to the Property Appraiser: With a copy to: St. Lucie Property Appraiser 2300 Virginia Avenue Fort Pierce, Florida 34982 Property Appraiser Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 2 '-" ..." 5. FILING. This Agreement and any subsequent amendments hereto shall be filed with the Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes (1997). 6. AMENDMENT: GOVERNING LAW. This Interlocal Agreement may only be amended by written document, properly authorized, executed, and delivered by both parties and filed with the Clerk of Court as required herein. This Agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year noted below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ST. LUCIE COUNTY PROPERTY APPRAISER ~ BY: ~4 D GLAS S. PUTNAM Date: 1 ~-a l-4C¡ APPROVED AS TO FORM AND CORRECTNESS: jæt~(t U). LÙo-ù~ PROPERTY APPRAISER A TIORNEY G\ WP\MSBU\RAINTREE\IA-P A. WPD 3 '-" ""'" INTERLOCAL AGREEMENT WESTGLEN MUNICIPAL SERVICES UNIT THIS INTERLOCAL AGREEMENT is made and entered into this day of , 19_, by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and DOROTHY JO CONRAD, as St. Lucie County Tax Collector (the "Tax Collector"). WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the Westglen Municipal Services Benefit Unit (the "Westglen MSBU") in unincorporated St. Lucie County for the purpose of funding a project to provide sanitary sewer to the properties within the Westglen MSBU; and WHEREAS, the County intends to use the unifonn method for the levy, collection and enforcement of the non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (1997); and WHEREAS, the County and the Tax Collector have agreed to enter into a written agreement whereby the County will reimburse the Tax Collector for her necessary administrative costs incurred under Section 197.3632, Florida Statutes (1997) in providing this infonnation related to the Westglen MSBU. NOW, THEREFORE, in consideration ofthe mutual covenant, conditions and promises contained herein, the parties agree as follows: 1. This Agreement is entered into pursuant to Sections 197.3632 and 163.01, Florida Statutes (1997). This Agreement embodies the whole understanding ofthe parties. There are no promises, tenns, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. The above representations are true and correct and incorporated herein. 3. The parties agree that commencing with the 1999 tax year, for a period of twenty (20) years the County shall: a. Provide written notice to the Tax Collector, which notice shall include a certified copy of the Resolution creating the assessment. b. Provide the Tax Collector with copies of all other resolutions relating to the Westglen MSBU, including but not limited to any resolution authorizing a change in the amount ofthe special assessment levied against any parcel of property within the Westglen MSBU. c. The County shall, in writing, notify the tax collector of the representative (s) authorized to submit a correction on DR Fonn 409A. The County shall also notify the tax collector in writing, of the official authorized to submit the factors. '-' w d. Provide the tax collector thirty (30) days prior to presentation of certified rolls, with all proposed details regarding yearly billing, prepays, payoffs during term, payoffs after first billing (ie; amortization) and other costs that may be added after prepays. The parties mutually agree to negotiate a format that is acceptable to both parties. The tax collector reserves the right to reject the proposed format ofthe data if it is not compatible with the current collection system and she has not been involved in the development of the format. e. Certify a non-ad valorem assessment roll on compatible electronic medium to the tax collector on or before September 15 ofthe first year. The assessment roll shall contain the posting of the non-ad valorem for each parcel and contain the following information for all real property located within the boundaries of West glen MSBU: (1) the St. Lucie County Property Appraiser's parcel number; (2) the property description: and, (3) any other information as may be mutually agreed to. Such roll certified to the tax collector shall be a separate assessment roll showing the amount of the special assessment applied to each parcel with the Westglen MSBU, including any parcels for which no special assessments were levied. The certified special assessment roll shall show the total of all special assessments for the Westglen MSBU. If any changes to the MSBU roll need to be made, it shall be the responsibility of the County to file a corrected roll or a correction of the amount of any assessment. f. All assessments shall become liens by operation of law as specified in Section 197.122 F.S. (1993). No liens shall be recorded outside Section 197.122 F.S. 4. The parties agree that commencing with the 1999 tax year, for a period of twenty (20) years, the tax collector will collect and disburse the Westglen assessments. Specifically the tax collector shall: a. Produce and pay for combined notice of ad valorem taxes and non-ad valorem assessments pursuant to the requirements of 197.3635 F.S. b. Collect all special assessments complying with the provisions ofthis agreement, and remit the funds to the County on a monthly basis, less the deductions allowed in paragraph 5 ofthis agreement. c. Deposit all collections of special assessments in the same account used for collection of ad valorem taxes; however, the tax collector shall provide a statement to the County showing the 2 ~ ..., amount of special assessments collected. 5. The County agrees to reimburse the Tax Collector in accordance with Sections 197.3632 (2), and 192.091 Florida Statutes (1997) for necessary administrative costs, if any, incurred in connection with the Municipal Services Benefit Unit. Administrative costs shall include but not be limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The parties acknowledge and agree that a good faith estimate ofthe cost of collection, based on prior experience with like projects, exceeds two percent (2%) of the total collection. However, in order to keep project costs as low as possible, the tax collector agrees to accept two percent (2%) of the collection as her reimbursement. 6. If, due to unusual or extenuating circumstances, the tax collector's necessary administration costs of performing the services required by this agreement exceed the usual and expected compensation provided for in paragraph 5 above, the County agrees to pay any additional sums required to fully reimburse the tax collector for her necessary administrative costs as documented by the tax collector. 7. The parties acknowledge that the tax collector is entering this agreement without any determination that the County is legally authorized or qualified to collect its non-ad valorem assessments pursuant to Section 197.3632, Florida Statutes. It is understood that it is her ministerial duty and she has no authority to refuse that duty; question compliance with Chapter 197 Florida Statute; determine the legality of the assessment or determine the constitutionality of any lien resulting rrom nonpayment ofthe assessment. In recognition of all of the above, the County shall, to the extent permitted by law, indemnify and save harmless and defend the Tax Collector, its agents, servants, and employees from and against any and all claims, liability, losses, or causes of action which may arise from any misconduct, improper action, negligent act or omission of the County, its servants, or employees in the performance of services under this Agreement. 8. This agreement may be terminated by either party, without cause, upon one hundred eighty (180) days written notice prior to November 1 of each year. Any termination of this agreement shall not affect the tax collector's responsibilities for tax years prior to the date of termination. 9. Any alteration, variation, modification, extension, renewal, or waiver ofthe provisions of this agreement shall be valid only when reduced to writing, duly authorized and signed by all parties. Any amendment will be entered prior to January 1 of the tax year in which such amendment is to become effective. This agreement and any subsequent amendments shall be filed with the Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes (1997). 10. This agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. 3 '-" .., 11. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 If to the Tax Collector: With a copy to: St. Lucie County Tax Collector 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Tax Collector Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 IN WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year noted below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 4 WITNESSES: '-' '..,/ ST. LUCIE COUNTY TAX COLLECTOR ~ þ-/Jt/JuL Dt\(} W1" µCvYYI{?/V\V0fJ Date: ~ '11~. '\~ APPROVED AS TO FORM AND CORRECTNESS: 5 '-" ""'" INTERLOCAL AGREEMENT WESTGLEN MUNICIPAL SERVICES BENEFIT UNIT THIS INTERLOCAL AGREEMENT is made and entered into this day of by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and DOUGLAS S. PUTNAM, as St. Lucie County Property Appraiser (the "Property Appraiser"). WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the Westglen Municipal Services Benefit Unit (the "Westglen MSBU") in unincorporated St. Lucie County for the purpose of funding a project to provide sanitary sewer service to properties within the Westglen MSBU; and WHEREAS, the County intends to use the uniform method for the levy, collection and enforcement of the non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (1997); and WHEREAS, the County and the Property Appraiser have agreed to enter into a written agreement whereby the Property Appraiser will provide the County with certain information and the County will reimburse the Property Appraiser for his necessary administrative costs incurred under Section 197.3632, Florida Statutes (1997) in providing this information related to the Westglen MSBU. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties agree as follows: 1. GENERAL. This Agreement is entered into pursuant to Section 197.3632 and 163.01, Florida Statutes (1997). This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. PROPERTY APPRAISER. Annually prior to June 1, the Property Appraiser shall provide the County with the information described in Section 197.3632 (3) (b), Florida Statutes (1997), for the Westglen MSBU. This information shall be provided by list or compatible electronic medium and shall include the legal description of the properties within the boundaries of the Westglen MSBU and the names and addresses of the owners of such properties. This information shall reference the property identification number and otherwise conform in format to that contained on the ad valorem roll submitted to the Florida State Department of Revenue. 1 '-' ...." 2. REIMBURSEMENT. The County agrees to reimburse the Property Appraiser in accordance with Section 197.3632 (2), Florida Statutes (1997) for the necessary administrative costs incurred in connection with providing the information described above. Administrative costs shall include but not be limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. Payment by the County to the Property Appraiser for these costs shall be made within thirty (30) days from the County's receipt of a properly submitted invoice from the Property Appraiser. 3. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: With a copy to: S1. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 S1. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to the Property Appraiser: With a copy to: S1. Lucie Property Appraiser 2300 Virginia Avenue Fort Pierce, Florida 34982 Property Appraiser Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 4. FILING. This Agreement and any subsequent amendments hereto shall be filed with the Clerk of the Court for S1. Lucie County pursuant to Section 163.01 (11), Florida Statutes (1997). 2 '-' .."", 5. AMENDMENT: GOVERNING LAW. This Interlocal Agreement may only be amended by written document, properly authorized, executed, and delivered by both parties and filed with the Clerk of Court as required herein. This Agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year noted below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY A TIORNEY WITNESSES: ST. LUCIE COUNTY PROPERTY APPRAISER tí2. ~6~~N~ ~k Date: I ~- ;1 \-q 1 , (A)J.~~ '\. \ ~. '\ C \0..1\\(\ \.L:~): )~ - \ APPROVED AS TO FORM AND CORRECTNESS: ~ úJ~ ¿J(H/~ ; - PROPERTY APPRAISER A TIORNEY G\WP\MSBU\ WESTGLEN\IA-P A. WPD 3 .....,. ...." INTERLOCAL AGREEMENT NORTH AlA MUNICIPAL SERVICES UNIT THIS INTERLOCAL AGREEMENT is made and entered into this _day of , 19_, by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and DOROTHY JO CONRAD, as St. Lucie County Tax Collector (the "Tax Collector"). WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the North AlA Municipal Services Benefit Unit (the "North AlA MSBU") in unincorporated St. Lucie County for the purpose of funding a project to provide potable water to the properties within the North AlA MSBU; and WHEREAS, the County intends to use the unifonn method for the levy, collection and enforcement ofthe non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (1997); and WHEREAS, the County and the Tax Collector have agreed to enter into a written agreement whereby the County will reimburse the Tax Collector for her necessary administrative costs incurred under Section 197.3632, Florida Statutes (1997) in providing this infonnation related to the North AlA MSBU. NOW, THEREFORE, in consideration of the mutual covenant, conditions and promises contained herein, the parties agree as follows: 1. This Agreement is entered into pursuant to Sections 197.3632 and 163.01, Florida Statutes (1997). This Agreement embodies the whole understanding of the parties. There are no promises, tenns, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. The above representations are true and correct and incorporated herein. 3. The parties agree that commencing with the 1999 tax year, for a period of twenty (20) years the County shall: a. Provide written notice to the Tax Collector, which notice shall include a certified copy ofthe Resolution creating the assessment. b. Provide the Tax Collector with copies of all other resolutions relating to the North AlA MSBU, including but not limited to any resolution authorizing a change in the amount ofthe special assessment levied against any parcel of property within the North AlA MSBU. c. The County shall, in writing, notify the tax collector of the representative (s) authorized to submit a correction on DR Fonn 409A. The County shall also notify the tax collector in writing, ofthe official authorized to submit the factors. '-' ...., d. Provide the tax collector thirty (30) days prior to presentation of certified rolls, with all proposed details regarding yearly billing, prepays, payoffs during term, payoffs after first billing (ie; amortization) and other costs that may be added after prepays. The parties mutually agree to negotiate a format that is acceptable to both parties. The tax collector reserves the right to reject the proposed format ofthe data if it is not compatible with the current collection system and she has not been involved in the development of the format. e. Certify a non-ad valorem assessment roll on compatible electronic medium to the tax collector on or before September 15 ofthe first year. The assessment roll shall contain the posting of the non-ad valorem for each parcel and contain the following information for all real property located within the boundaries of North AlA MSBU: (1) the St. Lucie County Property Appraiser's parcel number; (2) the property description: and, (3) any other information as may be mutually agreed to. Such roll certified to the tax collector shall be a separate assessment roll showing the amount of the special assessment applied to each parcel with the North AlA MSBU, including any parcels for which no special assessments were levied. The certified special assessment roll shall show the total of all special assessments for the North AlA MSBD. If any changes to the MSBU roll need to be made, it shall be the responsibility of the County to file a corrected roll or a correction of the amount of any assessment. f. All assessments shall become liens by operation of law as specified in Section 197.122 F.S. (1993). No liens shall be recorded outside Section 197.122 F.S. 4. The parties agree that commencing with the 1999 tax year, for a period of twenty (20) years, the tax collector will collect and disburse the North AlA assessments. Specifically the tax collector shall : a. Produce and pay for combined notice of ad valorem taxes and non-ad valorem assessments pursuant to the requirements of 197.3635 F.S. b. Collect all special assessments complying with the provisions ofthis agreement, and remit the funds to the County on a monthly basis, less the deductions allowed in paragraph 5 of this agreement. c. Deposit all collections of special assessments in the same account used for collection of ad valorem taxes; however, the tax collector shall provide a statement to the County showing the 2 '-' ..., amount of special assessments collected. 5. The County agrees to reimburse the Tax Collector in accordance with Sections 197.3632 (2), and 192.091 Florida Statutes (1997) for necessary administrative costs, if any, incurred in connection with the Municipal Services Benefit Unit. Administrative costs shall include but not be limited to those costs associated with personnel, fonns, supplies, data processing, computer equipment, postage, and programming. The parties acknowledge and agree that a good faith estimate ofthe cost of collection, based on prior experience with like projects, exceeds two percent (2%) of the total collection. However, in order to keep project costs as low as possible, the tax collector agrees to accept two percent (2%) of the collection as her reimbursement. 6. If, due to unusual or extenuating circumstances, the tax collector's necessary administration costs of perfonning the services required by this agreement exceed the usual and expected compensation provided for in paragraph 5 above, the County agrees to pay any additional sums required to fully reimburse the tax collector for her necessary administrative costs as documented by the tax collector. 7. The parties acknowledge that the tax collector is entering this agreement without any detennination that the County is legally authorized or qualified to collect its non-ad valorem assessments pursuant to Section 197.3632, Florida Statutes. It is understood that it is her ministerial duty and she has no authority to refuse that duty; question compliance with Chapter 197 Florida Statute; detennine the legality of the assessment or detennine the constitutionality of any lien resulting from nonpayment of the assessment. In recognition of all of the above, the County shall, to the extent pennitted by law, indemnify and save harmless and defend the Tax Collector, its agents, servants, and employees from and against any and all claims, liability, losses, or causes of action which may arise from any misconduct, improper action, negligent act or omission ofthe County, its servants, or employees in the perfonnance of services under this Agreement. 8. This agreement may be tenninated by either party, without cause, upon one hundred eighty (180) days written notice prior to November 1 of each year. Any tennination ofthis agreement shall not affect the tax collector's responsibilities for tax years prior to the date oftennination. 9. Any alteration, variation, modification, extension, renewal, or waiver of the provisions of this agreement shall be valid only when reduced to writing, duly authorized and signed by all parties. Any amendment will be entered prior to January 1 of the tax year in which such amendment is to become effective. This agreement and any subsequent amendments shall be filed with the Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes (1997). 10. This agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. 3 ~ '..,/ 11. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 If to the Tax Collector: With a copy to: St. Lucie County Tax Collector 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Tax Collector Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 IN WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year noted below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 4 '-" '..,/ ( ~ /ø /{¿-rddL -r /t ST. LUCIE COUNTY TAX COLLECTOR ~ ~~'^~ TAXC LE .TOR,CFC WITNESSES: ill . i \,Ç:;\;Ç,1 \., f. )l:VfYfIVli-i- r Date: ~IH.~~ APPROVED AS TO FORM AND CORRECTNESS: ~~ TAX C EC OR TORNEY 5 '-' '..,/ INTERLOCAL AGREEMENT NORTH A1A MUNICIPAL SERVICES BENEFIT UNIT THIS INTERLOCAL AGREEMENT is made and entered into this day of by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and DOUGLAS S. PUTNAM, as St. Lucie County Property Appraiser (the "Property Appraiser"). WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the North A 1A Municipal Services Benefit Unit (the "North A 1A MSBU") in unincorporated St. Lucie County for the purpose of funding a project to provide potable water to the properties within the North A 1A MSBU; and WHEREAS, the County intends to use the uniform method for the levy, collection and enforcement of the non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (1997); and WHEREAS, the County and the Property Appraiser have agreed to enter into a written agreement whereby the Property Appraiser will provide the County with certain information and the County will reimburse the Property Appraiser for his necessary administrative costs incurred under Section 197.3632, Florida Statutes (1997) in providing this information related to the North A1A MSBU. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties agree as follows: 1. GENERAL. This Agreement is entered into pursuant to Section 197.3632 and 163.01, Florida Statutes (1997). This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 1 ¥ ....,¡ 2. PROPERTY APPRAISER. Annually prior to June 1, the Property Appraiser shall provide the County with the information described in Section 197.3632 (3) (b), Florida Statutes (1997), for the North A 1 A MSBU. This information shall be provided by list or compatible electronic medium and shall include the legal description of the properties within the boundaries of the North A 1 A MSBU and the names and addresses of the owners of such properties. This information shall reference the property identification number and otherwise conform in format to that contained on the ad valorem roll submitted to the Florida State Department of Revenue. 3. REIMBURSEMENT. The County agrees to reimburse the Property Appraiser in accordance with Section 197.3632 (2), Florida Statutes (1997) for the necessary administrative costs incurred in connection with providing the information described above. Administrative costs shall include but not be limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. Payment by the County to the Property Appraiser for these costs shall be made within thirty (30) days from the County's receipt of a properly submitted invoice from the Property Appraiser. 4. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: With a copy to: S1. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 S1. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to the Property Appraiser: With a copy to: S1. Lucie Property Appraiser 2300 Virginia Avenue Fort Pierce, Florida 34982 Property Appraiser Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 2 '-" ..""", 5. FILING. This Agreement and any subsequent amendments hereto shall be filed with the Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes ( 1997). 6. AMENDMENT: GOVERNING LAW. This Interlocal Agreement may only be amended by written document, properly authorized, executed, and delivered by both parties and filed with the Clerk of Court as required herein. This Agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year noted below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ST. LUCIE COUNTY P APPRAISER / BY: ~~. PU;NAM Date: /-~5-qq APPROVED AS TO FORM AND CORRECTNESS: ~ -tGJ. u.J~~ PROPERTY APPRAISER ATTORNEY G\WP\MSBU\NA 1 A\IA-P A. WPD 3 ~ .., INTERLOCAL AGREEMENT RIVER BRANCH ESTATES MUNICIPAL SERVICES UNIT THIS INTERLOCAL AGREEMENT is made and entered into this _day of , 19-, by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and DOROTHY JO CONRAD, as St. Lucie County Tax Collector (the "Tax Collector"). WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the River Branch Estates Municipal Services Benefit Unit (the "River Branch Estates MSBU") in unincorporated St. Lucie County for the purpose of funding a project to provide potable water to the properties within the River Branch Estates MSBU; and WHEREAS, the County intends to use the uniform method for the levy, collection and enforcement of the non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (1997); and WHEREAS, the County and the Tax Collector have agreed to enter into a written agreement whereby the County will reimburse the Tax Collector for her necessary administrative costs incurred under Section 197.3632, Florida Statutes (1997) in providing this information related to the River Branch Estates MSBU. NOW, THEREFORE, in consideration of the mutual covenant, conditions and promises contained herein, the parties agree as follows: 1. This Agreement is entered into pursuant to Sections 197.3632 and 163.01, Florida Statutes (1997). This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. The above representations are true and correct and incorporated herein. 3. The parties agree that commencing with the 1999 tax year, for a period of twenty (20) years the County shall: a. Provide written notice to the Tax Collector, which notice shall include a certified copy of the Resolution creating the assessment. b. Provide the Tax Collector with copies of all other resolutions relating to the River Branch Estates MSBU, including but not limited to any resolution authorizing a change in the amount of the special assessment levied against any parcel of property within the River Branch Estates MSBU. c. The County shall, in writing, notify the tax collector of the representative (s) authorized to submit a correction on DR Form 409A. The County shall also notify the tax collector in writing, of the official authorized to submit the factors. ~ ..""" d. Provide the tax collector thirty (30) days prior to presentation of certified rolls, with all proposed details regarding yearly billing, prepays, payoffs during term, payoffs after first billing (ie; amortization) and other costs that may be added after prepays. The parties mutually agree to negotiate a format that is acceptable to both parties. The tax collector reserves the right to rej ect the proposed format of the data if it is not compatible with the current collection system and she has not been involved in the development ofthe format. e. Certify a non-ad valorem assessment roll on compatible electronic medium to the tax collector on or before September 15 of the first year. The assessment roll shall contain the posting of the non-ad valorem for each parcel and contain the following information for all real property located within the boundaries of River Branch Estates MSBU: (1) the St. Lucie County Property Appraiser's parcel number; (2) the property description: and, (3) any other information as may be mutually agreed to. Such roll certified to the tax collector shall be a separate assessment roll showing the amount of the special assessment applied to each parcel with the River Branch Estates MSBU, including any parcels for which no special assessments were levied. The certified special assessment roll shall show the total of all special assessments for the River Branch Estates MSBU. If any changes to the MSBU roll need to be made, it shall be the responsibility of the County to file a corrected roll or a correction of the amount of any assessment. f. All assessments shall become liens by operation of law as specified in Section 197.122 F.S. (1993). No liens shall be recorded outside Section 197.122 F.S. 4. The parties agree that commencing with the 1999 tax year, for a period of twenty (20) years, the tax collector will collect and disburse the River Branch Estates assessments. Specifically the tax collector shall: a. Produce and pay for combined notice of ad valorem taxes and non-ad valorem assessments pursuant to the requirements of 197.3635 F.S. b. Collect all special assessments complying with the provisions ofthis agreement, and remit the funds to the County on a monthly basis, less the deductions ~llowed in paragraph 5 ofthis agreement. c. Deposit all collections of special assessments in the same account used for collection of ad valorem taxes; however, the tax collector shall provide a statement to the County showing the 2 ~ '...,¡/ amount of special assessments collected. 5. The County agrees to reimburse the Tax Collector in accordance with Sections 197.3632 (2), and 192.091 Florida Statutes (1997) for necessary administrative costs, if any, incurred in connection with the Municipal Services Benefit Unit. Administrative costs shall include but not be limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The parties acknowledge and agree that a good faith estimate of the cost of collection, based on prior experience with like projects, exceeds two percent (2%) of the total collection. However, in order to keep project costs as low as possible, the tax collector agrees to accept two percent (2%) of the collection as her reimbursement. 6. If, due to unusual or extenuating circumstances, the tax collector's necessary administration costs of performing the services required by this agreement exceed the usual and expected compensation provided for in paragraph 5 above, the County agrees to pay any additional sums required to fully reimburse the tax collector for her necessary administrative costs as documented by the tax collector. 7. The parties acknowledge that the tax collector is entering this agreement without any determination that the County is legally authorized or qualified to collect its non-ad valorem assessments pursuant to Section 197.3632, Florida Statutes. It is understood that it is her ministerial duty and she has no authority to refuse that duty; question compliance with Chapter 197 Florida Statute; determine the legality of the assessment or determine the constitutionality of any lien resulting from nonpayment of the assessment. In recognition of all of the above, the County shall, to the extent permitted by law, indemnify and save harmless and defend the Tax Collector, its agents, servants, and employees from and against any and all claims, liability, losses, or causes of action which may arise from any misconduct, improper action, negligent act or omission ofthe County, its servants, or employees in the performance of services under this Agreement. 8. This agreement may be terminated by either party, without cause, upon one hundred eighty (180) days written notice prior to November 1 of each year. Any termination ofthis agreement shall not affect the tax collector's responsibilities for tax years prior to the date oftermination. 9. Any alteration, variation, modification, extension, renewal, or waiver of the provisions of this agreement shall be valid only when reduced to writing, duly authorized and signed by all parties. Any amendment will be entered prior to January 1 of the tax year in which such amendment is to become effective. This agreement and any subsequent amendments shall be filed with the Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes (1997). 10. This agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. 3 '-'" ...., 11. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: With a copy to: 81. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 81. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 If to the Tax Collector: With a copy to: 81. Lucie County Tax Collector 2300 Virginia Avenue Fort Pierce, Florida 34982 81. Lucie County Tax Collector Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 IN WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year noted below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 4 """ WITNESSES: ~J41?~ D! 1\ i ,'{Å,\Q L'-. ~i/rV~)~,ì L Lf .."", ST. LUCIE COUNTY TAX COLLECTOR c\. Date: <6 . 1À' . <\ <\ APPROVED AS TO FORM AND CORRECTNESS: 5 '-" ..., INTERLOCAL AGREEMENT RIVER BRANCH ESTATES MUNICIPAL SERVICES BENEFIT UNIT THIS INTERLOCAL AGREEMENT is made and entered into this day of by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and DOUGLAS S. PUTNAM, as St. Lucie County Property Appraiser (the "Property Appraiser"). WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the River Branch Estates Municipal Services Benefit Unit (the "River Branch Estates MSBU") in unincorporated St. Lucie County for the purpose of funding a project to provide potable water to the properties within the River Branch Estates MSBU; and WHEREAS, the County intends to use the uniform method for the levy, collection and enforcement of the non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (1997); and WHEREAS, the County and the Property Appraiser have agreed to enter into a written agreement whereby the Property Appraiser will provide the County with certain information and the County will reimburse the Property Appraiser for his necessary administrative costs incurred under Section 197.3632, Florida Statutes (1997) in providing this information related to the River Branch Estates MSBU. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties agree as follows: 1. GENERAL. This Agreement is entered into pursuant to Section 197.3632 and 163.01, Florida Statutes (1997). This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 1 '--' ...., 2. PROPERTY APPRAISER. Annually prior to June 1, the Property Appraiser shall provide the County with the information described in Section 197.3632 (3) (b), Florida Statutes (1997), for the River Branch Estates MSBU. This information shall be provided by list or compatible electronic medium and shall include the legal description of the properties within the boundaries of the River Branch Estates MSBU and the names and addresses of the owners of such properties. This information shall reference the property identification number and otherwise conform in format to that contained on the ad valorem roll submitted to the Florida State Department of Revenue. 3. REIMBURSEMENT. The County agrees to reimburse the Property Appraiser in accordance with Section 197.3632 (2), Florida Statutes (1997) for the necessary administrative costs incurred in connection with providing the information described above. Administrative costs shall include but not be limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. Payment by the County to the Property Appraiser for these costs shall be made within thirty (30) days from the County's receipt of a properly submitted invoice from the Property Appraiser. 4. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to the Property Appraiser: With a copy to: St. Lucie Property Appraiser 2300 Virginia Avenue Fort Pierce, Florida 34982 Property Appraiser Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 2 '" ...., 5. FILING. This Agreement and any subsequent amendments hereto shall be filed with the Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes (1997). 6. AMENDMENT: GOVERNING LAW. This Interlocal Agreement may only be amended by written document, properly authorized, executed, and delivered by both parties and filed with the Clerk of Court as required herein. This Agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year noted below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: BY: Date: UGLAS S. PUTNAM J ~c:'A 5 -7'1 APPROVED AS TO FORM AND CORRECTNESS: ~ (¿). 0P'ð6LJ PROPERTY APPRAISER ATTORNEY G\WP\MSBU\RIVERBR\IA-PA. WPD 3 , '-" ....., AGENDA REQUEST \ ITEM NO. C-7 DATE: January 25,2000 REGULAR [ ] PUBLIC HEARING CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Durette SUBMITTED BY (DEPT) :Central Services SUBJECT: Moving Custodial Position from Library to Central Services BACKGROUND: Central Services requests to move the custodial position and the money budgeted for this position for the Library to Central Services. Central Services has taken full maintenance responsibilities of all St. Lucie County libraries by adding this position. It will aid the library in receive a better maintenance program by using all of Central Services' staff to maintain their buildings. This position will be added to Roger Shinn's Administration Building Maintenance. This position will be added as Maintenance Worker III. PREVIOUS ACTION: N/A FUND AVAIL. : See attached RECOMMENDATION: Staff recommends that the Board approve move of the vacant custodial position and money budgeted for from the Library to Central Services. Staff also requests approval to change this position from Custodian (pay grade 6) to Maintenance Worker III, Job Code 818, Pay Grade 11. X] APPROVED ] OTHER: DENIED COMMISSSION ACTION: u Anderson County Administrator Review and Approval Management &: Budget: () Origin. Dept: () Other: () T© -~ fi Wi ~ 00, County Atty: () Purchasing: () JAN 4 1 2000 co. ADMiN. OFFICE ;I ~ ...., MEMORANDUM CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Mike Durette, Interim Acting Manager, Central Services DATE: January 25,2000 SUBJECT: AGENDA REQUEST Position Move BACKGROUND: The Library has a position for a custodian in the current fiscal year. Central Services is requesting the move of this custodial position and the money budgeted for this position for the Library to Central Services. Central Services will take full maintenance responsibility of all St. Lucie County libraries by adding this position to their staff. It will aid the libraries in receiving a better maintenance program by using all of Central Services' staffto maintain their buildings. This position and funds will be added to Roger Shinn's Administration Building Maintenance. RECOMMENDATION: Staff recommends that the Board approve the move of the vacant custodial position, as discussed with Susan Kilmer, Library Director, to Central Services' staff.(see letter attached) Staff also recommends Board approved the change of the Custodian position to Maintenance Worker III. MD:bk att. j '-' ....., MEMORANDUM ST. LUCIE COUNTY LIBRARY TO: Mike Durette, Interim Central Services Director Susan Kilmer, Library Director Al4tltL- =¡( ~~ January 10, 2000 FROM: DATE: SUBJECT: Library funded position ****************************************************************************** The Library Department has two Custodian positions - these positions have been funded for at least 10 years. When Golden Marks Custodial Service took over the cleaning of all Library facilities in October 1999 we didn't have staff in the Custodian positions. We have since interviewed and are waiting on the final approval for hiring one gentleman for one Custodian position - this person will provide our daily courier service between library sites to pick up and return library materials, supplies, equipment, etc., he will also do the exterior cleaning of the buildings (ie., sweep sidewalks, keep buildings clean of cobwebs, pick up trash around library sites, etc) and he will do basic cleaning on Monday mornings to get the buildings in shape after the weekend. The second Custodian position has not been posted - in as much as we rely upon Central Services to maintain our buildings by providing maintenance assistance (ie., changibg air filters, changing light bulbs, repairing toilets, hanging pictures, replacing mail box posts, ei~cirical repairs, plumbing work, alc maintenance, painting, etc.). I would support our idea of transferring the Custodian position to Central Services to give you an additional staff member to take care ofthe library facilities in the manner in which we have become accustom. If we kept the Custodian position we would still have to call upon your department to help us out - your staff have always been willing to lend a hand and they do EXCELLENT work. Please let me know if there is anything else you will need from me to assist m.-thi&venture. cc Robert Bradshaw, Assistant County Administrator ì ...... '..,/ Adjustments to FY2000 budget as a result of moving and reclassifying library Custodian position Amount From To Salary $9,873 001-7110-512000-700 001-1925-512000-100 FICA $612 001-7110-521000-700 001-1925-521000-100 FICA Mandatory $143 001-7110-521100-700 001-1925-521100-100 Retirement $1,002 001-7110-522000-700 001-1925-522000-100 Group Insurance $4,480 001-7110-523000-700 001-1925-523000-100 life Insurance $54 001-7110-523100-700 001-1925-523100-100 Workman's Comp $111 001-7110-524000-700 001-1925-524000-100 Unemployment $33 001-7110-525000-700 001-1925-525000-100 Total $16,308 '- 14 ~ AGENDA REQUEST ..." ITEM NO. C-8a \ DATE:Ol-25-00 REGULAR [ ] PUBLIC HEARING [ CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Public Safety Jack T. Southard SUBJECT: Sublease Agreement between American Tower and St. Lucie County, for the 800KHz Radio System. BACKGROUND: The 800MHz Public Safety Radio System consists of 4 tower sites. Site 1 is located at the EOC and will be owned by the County, Site 2 is located at the St. Lucie County Landfill and will be owned by the County, Site 3, is located at the Pt. St. Lucie High School, and will be owned by the County. Site 4 is located on SR70 2 miles west of R~ Ditch and is owned by American Tower, it is in the Countys best interest at this time to lease the top 50ft. of this tower. Due to growth of the county within the next 4 or 5 years this site may have to be changed to the northwest or southwest part of the County to increase coverage. Cost will be $18,000.00 annually. FUNDS AVAILABLE :3C4-2910-544100-2609(800MHz Public Safety Radio Communications System Fund) RECOMMENDATION: Staff recommends the Board of County Commissioners approve the lease agreement with American Tower and authorize the Chairman to sign the agreement. [ X] [ ] APPROVED OTHER: [ ] DENIED Douglas Anderson County Administrator COMMISSION ACTION: County Attorney: ( Originating Dept 1 Finance: (Chec or Copy only, Revie_w and A'!"'~oval.!! Management & Budget ~ ¡nrllJ, Purchasing: Other Other: If applicable) _ Eff. 5/96 '-' ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA DEPARTMENT OF PUBLIC SAFETY To: James W. Lancaster, Assistant County Attorney Jack T. Southard, PubUc Safety Dir~ December, 13, 1999 From: Date: Re: AMERICAN TOWER-TOWER SITE SUBLEASE AGREEMENT Pursuant to your request, the changes have been made to the Agreement referenced above. Please review the changes for accuracy and return to my office so that I may go forward to getting this fully executed. Thank you JTS/ss ',.. '-' ....., hvI=RICAN TOVV=R Writer's Direct Dial (770) 308-1989 CORPORATION December 8, 1999 Mr. Jack Southard, Public Safety Manager St. Lucie County 101 North Rock Road Fort Pierce, Florida 34945 Re: Tower Site Sublease Agreement between American Tower, L.P. and St. Lucie County at: American Tower Site: Rim Ditch 12723 Dear Jack: Enclosed are four execution copies of the above referenced agreement. Please have St. Lucie County sign and return all four copies to me. I will have American Tower sign and then return three fully executed copies to you. Please note that St. Lucie County must provide the Exhibit A to the agreement showing the equipment shelter placement. Thank you for your assistance in having this document executed. Please feel free to call me if you have any questions. Sincerely, ~h~,~ Becky Br:¡:S Lease Administrator /bb Enclosures ct'· Doncvan J ,acy (w/out enclosures) H:\GEARONTW\OPMIRim OitchlSt, LucielSblsdStL<Ioc AMERICAN TOWER CORPORATION. GALLERIA 75 OFFICE PARK, 3200 COBB GALLERIA PARKWAY, SUITE 205, ATLANTA, GEORGIA 30330 '" 770/953-9400 . FAX 770/952-4999 '-' ...." ,~ A TC Site: Rim Ditch /2723 .' TOWER SITE SUBLEASE AGREEMENT This Tower Site Sublease Agreement ("Agreement"), made this _ day of , 19_, between American Tower, L.P., a Delaware limited partnership, its principal offices located at 3200 Cobb Galleria Parkway, Suite 205, Atlanta, Georgia 30339, "LESSOR," and St. Lucie County, a political subdivision of the State of Florida whose address is 2300 Virginia A venue, Fort Pierce, Florida 34982, "LESSEE." WHEREAS, LESSOR has developed a telecommunications tower site known as Rim Ditch, located in St. Lucie County, State of Florida (hereinafter "Premises," and being more particularly described in Exhibit "A" attached hereto); and WHEREAS, LESSOR desires to lease to LESSEE and LESSEE desires to lease from LESSOR space on the telecommunications tower ("Tower") and on the ground for LESSEE's radio communications systems; NOW, THEREFORE WITNESSETH: In consideration of the mutual covenants contained herein and intending to be legally bound hereby, the parties hereto agree as follows: 1. PROPERTY AND EQUIPMENT LESSOR hereby licenses and leases to the LESSEE that certain space on the Tower together with space on the ground and/or in a building sufficient for the installation of LESSEE's equipment (said leased space on Tower, ground and building being collectively referred to hereinafter as the "Property," and more particularly described and/or depicted on Exhibit "B" attached hereto), together with the non-exclusive right for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, for the installation and maintenance of LESSEE's equipment. LESSOR hereby grants pennission to LESSEE to install, maintain and operate radio communications equipment and appurtenances (hereinafter "Equipment," and more particularly described on Exhibit "C" attached hereto). LESSEE hereby reserves the right to replace the aforementioned Equipment with similar and comparable equipment. 2. RENT (a) Initial Tenn This Agreement shall be for a tenn of five (5) years ("Initial Tenn") with annual rent of Eighteen Thousand and 001100 Dollars ($18,000) plus applicable taxes, if any, (the "Rent"), payable in advance in monthly installments of One Thousand Five Hundred and 00/100 Dollars ($1,500), the first installment of which is due and payable on the Commencement Date. The Commencement Date of this Agreement shall be the earlier of LESSEE's installation of its Equipment on the Property or March 1, 2000. The Anniversary Date for subsequent years shall be the annual anniversary of the Commencement Date. Rent for all subsequent years in the Initial Tenn shall be due and payable monthly in advance beginning on the first Anniversary Date, reflecting an increase which shall he the greater of either five percent (5%) of the previous year's full annual Rent or the Rev, 07/30/98 Page 1 of 12 Please Initial Below E9 \..; ..."., ATC Site: Rim Ditch / 2723 percentage equal to any percentage increase in the Consumer Price Index, All Items, U.S. City Average, as detennined by the United States Department of Labor, Bureau of Labor Statistics or any successor index, between the Commencement Date and ninety (90) days prior to the Anniversary Date, plus any applicable taxes. Payment is to be made to LESSOR or to such other person, firm or place the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. (b) Renewal Term As long as LESSEE is not in default hereunder, LESSEE shall have the right to extend this Agreement for 4 additional terms of 5 years each ("Renewal Term(s)"). LESSEE shall give written notice of its intent to renew this Agreement at ieast 90 days prior to the expiration of the then current term. For any successive Renewal Term, this Agreement shall continue in force upon the same covenants, terms and conditions. Rent for each year of a successive Renewal Term shall reflect an increase of the greater of either five percent (5%) of the previous year's full annual Rent or the percentage equal to any percentage increase in the Consumer Price Index, All Items, U.S. City Average, as detennined by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, between the Commencement Date and ninety (90) days prior to the Anniversary Date, plus applicable taxes. In no event shall the term of this Agreement extend beyond the term of an underlying ground lease, if any. LESSOR has the right to remove LESSEE's Equipment from the Premises when payment is sixty (60) days past due, at the expense of the LESSEE. Equipment removed will be returned to LESSEE upon payment in full of any past due rent amounts, and reimbursement to LESSOR of actual equipment removal costs and any equipment storage charges. In order to exercise this right, however, LESSOR must give LESSEE (30) days prior written notice via certified mail. Such notice shall be sent to St. Lucie County / Chairman of the Board of Commissioners, 2300 Virginia A venue, Fort Pierce, FL 34982 as well as all parties for the LESSEE as shown in Section 13. NOTICES of this Agreement. 3. INSTALLATION AND MAINTENANCE LESSOR agrees the LESSEE, its servants, agents and contractors, shall have access to the Premises at all times for the purpose of installing and maintaining Equipment. LESSEE, its servants, agents and contractors, agree to perform such installation and maintenance according to accepted industry standards. All installations and operation in connection with this Agreement shall meet with all applicable Rules and Regulations of all appropriate federal agencies, including but not limited to the Federal Communications Commission, the Federal Aviation Administration and to all applicable codes and regulations of the township, county and state concerned. Under this Agreement, neither LESSOR nor LESSEE assumes responsibility for the licensing, operation and/or maintenance of the other's radio equipment LESSEE will bear all costs incurred for installation and maintenance of Equipment. If the LESSEE, its agents or contractors, should cause damage to the Tower or to any other equipment, improvements or appurtenances on or affixed to the Premises, LESSEE agrees to repair such damage with promptness at its own cost and expense. No materials may be used in the installation of the antennas or transmission lines that will cause corrosion or rust or deterioration of the Tower ~tructure or its appurtenances. Rev, 07/30/98 Page 2 of 12 Please Initial Below E8 '-' w A TC Site: Rim Ditch / 2723 LESSOR covenants that it will keep the Tower in good repair. Each antenna must be identified by LESSEE with a weather-proof tag fastened securely to its bracket on the Tower. Each transmission line must be tagged at the conduit opening where it enters the equipment building. 4. INTERFERENCE The LESSEE agrees to install radio equipment that will not cause measurable interference as defined by the Federal Communications Commission to third parties' devices or equipment on the Premises. In the event LESSEE's equipment causes such interference, the LESSEE will take all steps necessary to correct and eliminate the interference, or vacate the site. 5. REGULATORY MATTERS LESSOR acknowledges that federal regulation, including Parts 17 and 22 of the U.S. Code of Federal Regulations, may require the Tower to be marked and lighted so as not to impair the safety of air navigation. LESSOR agrees to keep the Tower marked and lighted in compliance with applicable federal regulations, to make regular inspections of the Tower, and to undertake preventive maintenance, including the changing of bulbs, so as to assure continuous compliance with federal regulations. If LESSEE discovers a condition which LESSEE believes could impair the safety of air navigation (such as a failure of a structure beacon), LESSEE shall notify LESSOR and LESSOR shall take prompt corrective measures. If the air hazard is not promptly abated by LESSOR or if LESSEE is unable to contact LESSOR, LESSEE shall have the right to take corrective measures on its own. Where LESSEE undertakes emergency corrective measures, LESSEE shall use due care and shall be responsible for any damage to Premises, including but not limited to equipment of third parties on the Premises. LESSOR agrees to reimburse LESSEE for labor and materials upon LESSEE's submission of invoices or other appropriate documents. 6. [SECTION DELETED] 7. INSURANCE AND UABILITY LESSEE shall insure against property damage and bodily injury arising by reason of occurrences on or about the Premises in the amount of not less than $1,000,000. 8. HAZARDOUS SUBSTANCES LESSOR represents that, to the best of its knowledge, there is no substance, chemical or waste on, under or around the Premises that is identified as hazardous, toxic or dangerous under any applicable federal, state or local law, ordinance, rule or regulation ('Hazardous Substance"). LESSEE agrees that no Hazardous Substance, excepting propane and batteries required by back-up electrical power, shall be placed on, under, transported across or stored on the Premises by LESSEE, its employees, servants, agents and contractors. LESSEE agrees that in the event that its activities on the Premises should create a hazardous condition and, upon LESSOR's notification to LESSEE thereof, LESSEE shall, wit.hin ~eventy-two (72) hours (if permitted by and subject to Rev. 07/30/98 Page 3 of 12 Please Initial Below EB '-' ,..", A TC Site: Rim Ditch /2723 applicable law), and at its sole cost and expense, commence to correct such condition or situation and thereafter proceed diligently to complete the same. In the event LESSEE fails to take corrective measures as described, LESSOR reserves the right to take such corrective measures as necessary, with LESSEE to reimburse LESSOR for any and all costs incurred thereby. The terms of this paragraph shall survive the expiration or earlier termination of this Agreement. 9. TERMINATION Within ten (10) days of expiration or earlier termination of this Agreement, LESSEE, its servants, agents or contractors, shall remove all LESSEE's Equipment, personal property and fixtures located on the Premises and restore the Property to its original condition, reasonable wear and tear excepted. Should LESSEE not remove said Equipment, personal property and all fixtures within ten (10) days, LESSOR shall have the right to remove and store said Equipment, personal property and fixtures and LESSEE will reimburse LESSOR for the actual costs of removal and storage. If such time for removal causes LESSEE to remain on the Property after termination of this Agreement, LESSEE shall pay rental and applicable taxes at the existing monthly rate on a pro-rated basis, until such time as the removal of the Equipment, personal property and all fixtures is completed. Upon expiration or termination of this Agreement, LESSEE agrees to execute those documents necessary to evidence such termination for recordation with the appropriate authority. 10. SALE OF PROPERTY LESSOR and LESSEE hereby specifically covenant and agree that in the event the Premises shall be sold, mortgaged or otherwise transferred or encumbered, any such transfer or encumbrance shall be subject to the terms and conditions of this Agreement. 11. TITLE AND QUIET ENJOYMENT LESSOR hereby covenants that LESSOR is seized of good and sufficient title and interest to the Premises and has full authority to enter into and execute this Agreement. LESSOR further covenants that LESSEE, on paying the rent and performing such terms and conditions as set forth herein, shall peaceably and quietly have, hold and enjoy the Property. 12. ASSIGNMENT LESSEE may not sell, assign or transfer this Agreement at any time except to LESSEE's principal, affiliates or subsidiaries of its principal. As to other parties, this Agreement may not be sold, assigned or transferred without the consent of the LESSOR, such consent not to be unreasonably withheld. Rev. 07/30/98 Page 4 of 12 Please Initial Below E8 '-' ....." A TC Site: Rim Ditch / 2723 13. NOTICES All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): LESSEE: St. Lucie County Administrator 2300Virginia A venue Fort Pierce, FL 34982 (561)462-1450 with a copy to: St. Lucie County Attorney 2300 Virginia A venue Fort Pierce, FL 34982 561-462-1441 St. Lucie County Public Safety Mgr. 101 North Rock Road Fort Pierce, FL 34945 561-462-1736 LESSOR: American Tower Coporation 3200 Cobb Galleria Parkway Suite 205 Atlanta, Georgia 30339 14. RECORDATION OF MEMORANDUM At LESSEE's request and expense, LESSOR agrees to execute a memorandum of this Agreement in a form acceptable to LESSOR for recordation with the appropriate authority. LESSEE agrees to provide LESSOR with a certified copy of any such memorandum within five (5) business days of the recordation of such memorandum. Upon termination of this Agreement, LESSEE agrees to execute those documents necessary to evidence such termination for recordation with the appropriate authority. 15. MISCELLANEOUS It is agreed and understood that this Agreement embraces the entire agreement between the LESSOR and LESSEE and that no verbal agreements shall be binding upon either the LESSOR or LESSEE in dispute, controversy or proceeding at law, and any addition, variation, modification or limitation to this Agreement shall be void and ineffective unless made in writing, signed and acknowledged by the parties. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida. The term LESSOR as used herein is for identification purposes only and does not represent or mean to imply that the Tower is leased from another owner. The Tower is and has been the exclusive property of American Tower, L.P. Rev. 07/30/98 Page 5 of 12 Please Initial Below E8 '- ""'" A TC Site: Rim Ditch / 2723 Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guideline have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your country public health unit. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns to the parties hereto. (SIGNA TURES ON FOLLOWING PAGES) Rev. 07/30/98 Page 6 of 12 Please Initial Below E9 ~ """" A TC Site: Rim Ditch / 2723 IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. LESSOR: American Tower, L.P., a Delaware limited partnership By A TC GP, Inc., its sole General Partner BY: NAME: Jeffrey A. Ebihara TITLE: Vice President DATE: WITNESSES: Printed Name Printed Name STATE OF GEORGIA COUNTY OF COBB, to wit: I HEREBY CERTIFY, THAT on this day of before æe, the subscriher, a Notary Public of the State of Georgia in and for the County aforesaid, personally appeared Jeffrey A. Ebihara, known (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and he acknowledged that he executed the same for the purposes therein contained and further acknowledged the foregoing to be his act. AS WITNESS my hand and Notarial Seal. My Commission Expires: Notary Public SIGNATURES CONTINUED ON NEXT PAGE Rev. 07/30/98 Page 7 of 12 Please Initial Below E9 ~ """'" A TC Site: Rim Ditch / 2723 LESSEE: ST. LUCIE COUNTY, FLORIDA BY: TITLE: DATE: WITNESSES: Printed Name Printed Name STATE OF FLORIDA COUNTY OF , to wit: I HEREBY CERTIFY, THAT on this day of before me, the subscriber, a Notary Public of the State of Florida in and for the County aforesaid, personally appeared , known (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and he acknowledged that he executed the same for the purposes therein contained and further acknowledged the foregoing to be his act. AS WITNESS my hand and Notarial Seal. My Commission Expires: Notary Public Rev, 07/30/98 Page 8 of 12 Please Initial Below ffi ~ ., A TC Site: Rim Ditch /2723 EXHIBIT "A" LEGAL DESCRJPTION Telecommunications tower site known as Rim Ditch, located in S1. Lucie County, State of Florida; said telecommunications tower being located at Latitude 27-21-57, Longitude 80-36-39, and 2 feet above mean sea level. Description of Property: ..··t~\ittT~~Q:T.~~~ß?GRlel1~; ... ,i . .'" . .~.... ";'¡'{~T\)fi'·~~bT!.O~ Ùi:tø¡iS~!¡;:,36'SOUTH. R~NGE:37tAST.LYltiG . .', ;WE$t at- ŠTAl£ ROAQ' io (óK~CH06EE ROAD), ST, LUCIE·,.CÓUNTY. ttfìí~.:'¡ " " : .:' . , .,~~.-<H.-'" -:-;-:':.<." Please Initial Below E9 Rev. 07130/98 Rev. 07/30/98 '-' EXHIBIT "B" SITE PLAN LESSEE TO PROVIDE Page 10 of 12 ..."", A TC Site: Rim Ditch / 2723 Please Initial Below EB '-" EXHIBIT "C" EQUIPMENT UST Page One ANTENNAE TO BE INSTALLED ON TOWER Antenna Type Antenna Mfr. I Model # Antenna Weight I Length in feet Transmission Line Type I Diameter Transmission Line Mfr. I Model # Height of Antenna on Tower Tower Leg of Installation Orienfation/ Azimuth Type of Antenna Mounting Bracket EQUIPMENT IN OPM-OWNED BUILDING Manufacturer Model # I Type Physical Dimensions Rated Power (output) RX Frequency TX Frequency Lightning Protection and/or Polyphaser to be used (Mfr. & Model No.) Point of Installation of above grounding equipment Rev. 07/30/98 Page 11 of 12 #1 Tx Penetrator (1) Celwave BMR12A 120 ft. 1-5/8" Andrews LDF7-50A 310'-320' (base mount) TBD 90 degrees TBD ...", A TC Site: Rim Ditch / 2723 #2Rx Penetrator (1) Celwave BMR12A 120 ft. 7/8" & 3/8" Andrews LDF5- 50A & LDF2-50 310' -320' (base mount) TBD 90 degrees TBD N/A N/A N/A N/A N/A N/A Please Initial Below EB ~ ELECTRIC SERVICE REQillRED Wattage / Amps Phase Number of Outlets TELEPHONE SERVICE REQillRED 'WI A TC Site: Rim Ditch / 2723 EXHIBIT "C" EQUIPMENT UST Page Two N/ A - Own meter ADDITIONAL GROUND SPACE REQillRED Generator Fuel Source / Size of Tank Other Rev. 07/30/98 N/A N/A Space for lO'x16' building Page 12 of 12 Please Initial Below E9 ~ ~ AGENDA REQUEST """" ITEM NO. C-8b DATE: 01-25-00 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Public Safety Jack T. Southard SUBJECT: Disaster Relief Funding Agreement for Federal and State assistance for the 1999 Wildfires. BACKGROUND: An Agreement between the State of Florida, Department of Community Affairs and St. Lucie County Board of County Commissioners (No. 99-RM-N*-10-66-01-007) for reimbursement of the 1999 Wildfires in St. Lucie County, from April 15, 1999 and continuing until June 26, 1999. (See attached letter from DCA) FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve Execution of the Disaster Relief Funding 1999 Wildfires Agreement with the State of Florida, Department of Community Affairs for the assistance of disaster relief funding. Approve Resolution No. 00-39, and authorize the Chair.man to sign both, Agreement No. 99-RM-N*-10-66-01-007 and Resolution No. 00-39. [ X] [ ] APPROVED OTHER: [ ] DENIED las Anderson y Administrator COMMISSION ACTION: .~~ Review and Approvals r0unt~' Attorm'''': _W- _, __ ~CLD"':¡em"::è: . 'o::.'JfI.ge,::-4 ~67' Originating DeÇ..~ c.c&J Othe< Finance: (Check F r Copy only, If appl~cable) _____ ?urchasiü.g, ----- -- --- Other: Eff. 5/96 ¡ '-' ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: r.\c!~< ::'\.)~nfr.h.Jr,· ~l!J <,.r- 1'-;1<": ~~·¡:'-,\":,,,.·:i.: - '''. '" ~ '1 Daniel S. Mcintyre, County Attorney 'W- 00-23 FROM: C.A. NO. DATE: January 6, 2000 SUBJECT: Disaster Funding Agreement for 1999 Wildfires -------------------------------------------------------- -------------------------------------------------------- Thank you for your memorandum of January 3. Attached are my comments: 1. Please note that the state requires a Board resolution or meeting minutes confirming the signature authority. By copy of this memorandum to Connie Colella, I request that she prepare and forward a draft resolution to you. 2. Please note the audit requirements in Paragraph 12. 3. We need to insert a contact person in Paragraph 23. 4. On page 24, we need to insert the names of the designated agents. DSM/caf Copy to Connie Colella (, 'i . " '-'" "'wJI RESOLUTION NO. 00-39 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DISASTER RELIEF FUNDING 1999 WILDFIRES AGREEMENT BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, AND AUTHORIZING THE CHAIRMAN OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: 1. This Board has sought approval for Federal and State assistance to eligible disaster relief victims affected by the 1999 wildfires in S1. Lucie County, Florida. 2. This Board should authorize and approve execution of the Disaster Relief Funding 1999 Wildfires Agreement with the State of Florida Department of Community Affairs for the assistance of disaster relief funding. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofS1. Lucie County, Florida: 1. This Board hereby authorizes and approves execution of the Disaster Relief Funding 1999 Wildfires Agreement with the State of Florida Department of Community Affairs for the assistance of disaster relief funding. 2. The Chairman and the Clerk of the S1. Lucie County Board of County Commissioners are hereby authorized to execute the Disaster Relief Funding 1999 Wildfires Agreement approved by this resolution, and further, the County Attorney is hereby authorized to execute the agreement by approving it as to fonn and correctness. "'1* . # "" .'W After motion and second the vote on this resolution was as follows: Chairman John D. Bruhn XX Vice Chairman Frannie Hutchinson XX Commissioner Paula A. Lewis XX Commissioner Cliff Barnes XX Commissioner Doug Coward XX PASSED AND DULY ADOPTED this 25th day of January, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ~ '..,/ STATE OF FlORIDA DEPARTMENT OF COMMUNITY AFFAIRS /I Helping Floridians create safe, vibrant, sustainable communities /I ¡EB BUSH Governor STEVEN M. SEIBERT Secretary , ..~ ... . ....; MEMORANDUM TO: Applicants for 1999 Wildfire Assistance r;w /' Joseph F. M}t~, µ.óvernor's Authorized Representative ~ irt:. Disaster Re,hef Funding Agreement FROM: SUBJECT: Enclosed are three original Disaster Relief Funding Agreements for Federal and State assistance for the 1999 \Vildfires. These funding agreements will provide funds for eligible disaster relief activities specifically described in approved Project Worksheets (P\Vs). The fifth and sixth digits in the funding agreement number represents DCA's funding identification and has been left blank pending budget authority approval by the Legislature. Upon budget approval, these 1\vo digits will be inserted to complete the funding agreement number. Please insert the requested infonnation within the funding agreement, sign all three copies according to the attached instructions and return to me for signature. One fully executed original funding agreement with a complete funding agreement number will be returned for your file, If you or your attorneys have any specific legal questions on the Disaster Relief Funding - Agreement, please contact Al Bragg of Legal Services at (850) 488-0410. If you have any general questions about the Agreement, need technical assistance or further information about the public assistanceprogram, please call John Tatum, Grants Specialist Supervisor at (850) 487-2032. JFM/jtf Attachment 1:\BRM\BRM5HARE\FIREMEM099.wpd 2555 SHUMARD OAK BOULEVARD. TAllAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: http://www.state.fl.us/comaff/ flORIDA KEYS GREEN SWA.\IP , . '-' ..." .' INSTRUCTIONS FOR SIGNING 1999 \VILDFIRE AGREEMENTS Page 1 of2 Please fill in the information below on all three of the attached original Disaster Relief Funding Agreements. 1. Verify that the correct legal title of your organization is entered in the first paragraph of page 1, the title is underlined in bold. If the correct legal title is not shown, write the correct legal title in the margin and we \-vill make necessary changes prior to our execution. 2. Print or type the name and title of the authorized agent 'Yvith the address where the State \-vill send officialpotices and payments under the Agreement (page 19, paragraph 23), The authorized agent (also referred to as the Primary Agent) is the person responsible for: A. Signing all official documentation sent to us (request for payment, time extension requests, certification of Project Listings, etc.). B, Ensuring documentation is available for Final Inspection and audit. 3. Designate a Primary and Alternate Agent (on page 24, paragraph 26), The Primary Agent was discussed in 2 above. The Alternate Agent will perform the duties of the Primary Agent in his/her temporary absence, Should the Primary Agent be permanently absent from your organization, the person currently in the position to sign the Funding Agreement, discussed in paragraph 4 below, will need to send a letter to the State identifying a new Primary Agent. 4, Under "FOR THE SUBGRANTEE:" (page 24), print or type your organization's name, the name and title ofthe person signing the agreement and your Employer's Identification Number (EIN). Signature Authority: The person signing the Agreement should be the chief executive official for your organization: Mayor for cities and towns; Chainnan of the Board of County Commissioners for counties; Chief Executive Officer of private nonprofit organizations; Agency Head or Secretary of State departments. If someone else signs, please attach the documentation confirming their signature authority \vhen you return the three original Agreements. Documentation stating delegation of authority should be one of the appropriate examples listed below: A. For counties, a board resolution or meeting minutes confirming the signature authority. B For cities, 4 ci:y comITilssion resolutio[i, lllceting minutes, or a copy of the P2.gc(s) from the city charter authorizing the signature. C. For private nonprofit organizations, a copy of the page from your charter '-" ,..." -. .. specifying the position authorized to sign contracts, a board resolution or meeting minutes authorizing signature. Instructions for 1999 Wildfires Page 2 of2 Disaster Relief Funding Agreement -------------------------------------------------------------------------------------------------------------------- D. For State Agencies delegation of authority signed by the Secretary or Agency Head. 5. The same person signing the Funding Agreement per paragraph 4 above, must sign Attachment B, "Lobbying Prohibition." 6. All three originals of the Agreement (page 24) and the three Attachment Bs must be signed (a total of six signatures). 7. Return all three copies of the agreement with original signatures for execution to: - Joseph F. Myers Governor's Authorized Representative Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Mark the package for the Attention of "Pub1ic Assistance Program, 1999 'Wildfires." All official correspondence should go to the above address, Include in your letter's title block the FEMA-3139-EM-FL or FEMA-22xx-FSA-FL number, the FEMA Project Application tP.A.Id or FIPS) number shown on the third line of page 1 of your Disaster Relief Funding Agreement and the subject matter of your letter. Your cover letter returning the three Disaster Relief Funding Agreements should identify the phone and fax numbers of your Primary and Alternate Agent. 'J ., ". '-" ..." DISASTER RELIEF FUNDING AGREEMENT DCA AGREEMENT No. 99-RM-N~-10-66-01-007 FEMA PROJECT APPLICATION NO. 111-99111-01 This Agreement is between the State of Florida, Department of Community Affairs (Grantee) and, St. Lucie County Board of County Commissioners (Subgrantee). This Agreement is based on the existence of the following conditions: Extreme drought and the subsequent fires beginning on April 15, 1999 and continuing until June 26, 1999, have had a devastating impaOt upon the State of Florida. The severity of the damage and losses have resulted in the declaration of an emergency by the Governor in Executive Orders Nos. 99-88 and 99-96, as extended by. Executive Order No. 99-119. The President of the United States has declared an emergency in FEMA-3139-EM-FL for the counties of Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Collier, Charlotte, columbia, Dade, DèSoto, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Highlands, Hillsborough, Holmes, Indian River, Jackson, Jefferson, Lee, Leon, Levy, Liberty, Manatee, Marion, Martin, Monroe, Okeechobee, Orange, Osceola, Palm Beach, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Lucie, Suwannee, Union, Wakulla, Walton and Washington. The Federal Emergency Management Agency has approved fire suppression assistance to the Grantee in FEMA-FSA-2251-FL through .~ FE~A-FSA-2260-FL and FEMA-FSA-2262-FL for certain defined fire complexes and fires in the same 49 counties. f r .1. '-' ..., The Agreement between the State of Florida and the Federal Emergency Management Agency, governing the use of such funds, requires the State to share the costs eligible for federal assistance. Chapter 98-46, Fla. Laws, in Specific Appropriation No. 1230, and Chapter 99-226, Fla. Laws, in Specific Appropriation No. 1122, both provide that Federal disaster assistance matching requirements shall be shared equally between the State and its subgrantees. Sections 252.35, 252.36, 252.37, and 252.38 Florida Statutes, author~ze the relationship described herein; the parties agree as follows: 1. DEFINITIONS: unless otherwise indicated, the following terms shall be defined as stated herein. a. "Eligible emergency assistance activities", as used in this Agreement, means those activities authorized in the FEMA- State Agreement, as defined herein below; Public Law 93-288, as amended by Public Law 100-707 (hereinafter the "Stafford Act") ; and Title 44 CFR, Part 206, and applicable Federal Emergency Management Agency or State guidance documents. b. "FEHA-State Agreement" shall mean that agreement between FEMA and the State of Florida, for the 1999 Wildfires Emergency and Fire Suppression Declarations, FEMA-3139-EM-FL"'and FEMA-FSA-2251-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL and all modifications thereto. c. "Emergency Assistance" shall be defined as that Page 2 FEMA-3139-EM-FL, FEMA-FSA-22S1-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL , . . ( . '-' ...", assistance authorized in Title V of the Stafford Act and 44 CFR 206 subpart C. d. "Project" shall be defined as stated in 44 CFR 206.201(i) . e. "Large Project" and "Small Project" shall be defined as indicated in 44 CFR 206.203(c). f. "Permanent Work" shall be defined as in 44 CFR 206.201(g). g. "Emergency Work" shall be defined as in 44 CFR 206.201 (b) . 2. APPLICABLE STATUTES, RULES and AGREEMENTS: The parties agree to be bound by all terms of the FEMA-State Agreement and all applicable state and federal statutes, regulations, guidance and handbooks, including but not limited to those identified in Attachments A and C, and the pertinent implementing regulations and guidance. 3. FUNDING and INSURANCE: The Grantee shall provide funds to the Subgrantee for eligible emergency assistance activities for the projects approved by the Grantee and FEMA, specifically described in the Project Worksheet(s) (PW[s]). Allowable costs shall be determined in accordance with 44 CFR §206 and 44 CFR Part 13, and pertinent FEMA guidance documents. Approved PWs shall be transmitted to the Subgrantee and shall cumulatively document the specific amount of funding provided, and the applicable scope(s) of eligible work and eligible costs, under this Agreement. PW~ may oblig2te, or deobligate funding, thereby Page 3 FEMA-3139-EM-FL, FEMA-FSA-2251-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL r' . f '-' ...., revising the total amount of authorized funding. PWs document the total eligible costs and the total Federal share of 75% for all eligible emergency work costs. Contingent upon an appropriation by the Florida Legislature, the Grantee agrees to provide one-half of any non-Federal share (12~% of total eligible costs). As a condition of receipt of this funding, and contingent upon an appropriation by the Florida Legislature where required, the Subgrantee similarly agrees to provide one-half of any non-Federal share (12~% of total eligible costs). Subgrantee agrees that the Grantee is authorized to withhold funds otherwise-payable to Subgrantee, from any agreement administered by the Grantee, upon a determination by the Grantee or FEMA, or any auditor, that funds have been provided to Subgrantee pursuant to this Agre~ment, or any other disaster relief funding agreement administered by the Grantee, in excess ,,"! J of eligible costs. ". 'i The final payment of funds will be made only after project completion, submission of all required documentation, final inspection, and a request for final reimbursement. Permanent Work is not eligible for reimbursement under this Agreement. 4. DUPLICATION OF BENEFITS PROHIBITION: In accordance with the provisions of Section 312 of the Stafford Act, duplication of benefits is prohibited. The Subgrantee shall notify the Grantee, as soon as practicable, of the existence of' any insurance coverage for the damage ident: if:i.ed on the PW, ancl of any -- Page 4 FEMA-3139-EM-FL, FEMA-FSA-22S I-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '-' ..., " entitlement or recovery to payments from any other source, for the projects described in the PW(s). Eligible costs shall be reduced by the amount of duplicate sources available. The Subgrantee shall be liable to the Grantee to the extent that the Subgrantee receives duplicate benefits from another source for the same purposes for which the Subgrantee has received payment from the Grantee. The Subgrantee shall immediately remit to the Grantee any duplication of benefits payment received by the Subgrantee. In the event the Grantee determines a duplication of benefits has occurred, the Subgrantee hereby authorizes the Grantee or the ~mptroller of the State of Florida to take offset action against any other available funding due the Subgrantee. The Comptroller is authorized to pay such offset to the Grantee upon written notice from the Grantee. S. COMPLIANCE WITH ENVIRONMENTAL, PLANNING AND PERHITTING LAWS: The Subgrantee shall be responsible for implementation and completion of the approved projects described in the PW(s) in a manner satisfactory to the Grantee, and in accordance with applicable federal, state, and local statutes, regulations, plans, and policies. Any development authorized by, any development order issued by, any permit issued by, or any development activity undertaken by, the Subgrantee, and any land use permitted by or engaged in by the Subgrantee, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expende~ for, and Page 5 FEMA-3139-EM-FL, FEMA-FSA-2251-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '-' ,., development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Subgrantee shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the pertinent Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, and any Federal, State or local environmental or land use authority, where required. In addition, Subgrantee shall comply with other federal and state environmental laws, statutes, regulations, and guidance including, but are not limited to, those identified in Attachments A and C. Subgrantee further agrees to provide and maintain competent and adequate engineering or other supervision at all construction or work sites to ensure that the complete work conforms with the approved plans, specifications, and scope of work. 6. REQUIRED DOCUMENTATION; REVIEW/INSPECTION: The Subgrantee shall create and maintain acceptable documentation of work performed and costs incurred with respect to each project identified in connection with a PW. Failure to create and maintain proper documentation will result in the disallowance of funding, and require the refund of funds previously reimbursed or advanced, including an interest penalty. For all Large projects, the Subgrantee shall submit: (a) a request for reimbursement of act1lal coste (see At.tachment D); (b) a Summary of Docnmentation Page 6 FEMA-3139-EM-FL, FEMA-FSA-2251-FL Ú1rough FEMA-FSA-2260-FL and FEMA-FSA-2262-FL ~. . . ....., (See Attachment E) which shall be supported by, but not attached, all appropriate backup documentation (e.g. invoices, canceled checks, daily activity reports, payroll records, time sheets, executed contracts, receipts, purchase orders, billing statements, etc.); and (c) a request for a final inspection. For all projects the Subgrantee shall certify, on the P.4 Project Listing, that all work and costs claimed are eligible in accordance with the Grant conditions, that all work claimed has been completed, and all costs claimed have been paid in full. The Subgrantee shall also enter the date the work was completed and the amount ~aimed for each PW on the Project Listing. The Grantee will inspect Small Projects on a random basis. The Grantee will schedule and perform the final inspections on Large Projects, and review the Project Listing for Small Projects or inspect the project, to ensure that the work was performed within the scope of work delineated on the PW(s). Costs of any work not performed within the approved scope of work shall not be eligible for funding. 7. COST SHARING: The disaster relief funds for eligible costs indicated on shall be shared in established in the the PW(s) and described in this Agreement accordance with the cost sharing provisions ;. ~t Stafford Act, the,FEMA-State Agreement, and Chapter 98-46, Laws of Florida, Specific Appropriation 1230 and Chapter 99-226, Fla. Laws, in Specific Appropriation No. 1122. PW(s) document the total eligible costs and the total Federal share of those costs (75% for p.liqiblp. emergency protective Page ï FEMA-3139-EM-FL, FEMA-FSA-22S1-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '-' ...., measures). The Grantee agrees to provide one-half of the non- Federal share (12~% of total eligible costs). As a condition of receipt of this funding, the Subgrantee similarly agrees to provide one-half of the non-Federal share (12~% of total eligible costs). Administrative costs which'·¿iccording to the schedule are in addition to and not part of the PW{s) eligible costs, and are otherwise eligible under 44 CFR 206.228 and involve no required match, will be funded by FEMA. 8. PAYMENT OF CLAIMS: a. SMALL PROJECTS: The Grantee shall make payment to the Subgrantee o~ the Federal share of the actual eligible costs as soon as practicable after execution of this Agreement and receipt from FEMA of the pertinent approved PW{s) . b. LARGE PROJECTS: The payments for Large Projects will be on a cost reimbursement basis and subject to receipt of the following: (1) a Request For Advance~or Reimbursement Form (See i:"t'- Attachment D) i (2) a Summary of Docu~entation Form, (See Attachment E) listing the PW number, identifying the audit ready documentation that exists to support the payment request, identifying the dollar amounts of each eligible cost, and identifying the Subgrantee's own internal reference number (voucher, warrant, purchase order, etc.) ¡and (3) a letter providing a brief synopsis of the request, and certifying that the reported costs were incurred in the performance of eligible work. c. ADVANCES: This Subg-rantce may, at the discretion of Page 8 FEMA-3139-EM-FL, FEMA-FSA-2251-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '-' ..., the Grantee, be paid an advance of funds, provided that the Subgrantee: (1) demonstrates and maintains the willingness and ability to maintain procedures to minimize the time elapsing between the transfer of funds and their disbursement; (2) submits budget data on which the request is based; (3) submits a justification statement explaining the necessity for and proposed use of the funds, and specification of the amount requested; and (4) submits a completed Request for Advance or Reimbursement Form. After any advance, and in the event no advance is provided, all payments shall be on a cost reimbursement basis. Subgrantees shal~ promptly, but at least quarterly, remit interest earned on advances (if any)to the Grantee for remittance to FEHA. d. WITHHOLDING OF FUNDS: The Grantee may, in its sole discretion¡ withhold a percentage of funding (up to 12.5% of total project funding¡ the full non-federal share paid by the State) provided under this Agreement ,in order to protect against subsequent adverse determinations by FEMA regarding previously authorized or disbursed grant funds. 9. FINAL PAYMENT: The final payment will be made only after completion of all projects, submission of all required documentation, receipt and review of, P.4 Project Listing, completion of random inspection of Small Projects (as determined by Grantee)¡ final inspection (Large Projects), and a request for final reimbursement. 10. RECORDS MAINTENANCE: Thl: Subgra.ntee agrees to maintain Page 9 FEMA-3139-EM-FL, FEMA-FSA-22S I-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '-' ..",., all records pertaining to the projects described in the PW(s) and the funds received under this Agreement until all issues relating to the inspection and final audit have been completed, and any action or resolution of outstanding issues have been completed. In no event will such records be maintained for a period of less than three (3) years from the date of the final payment under this Agreement. Access to those records must bG provided at reasonable times to the Comptroller General of the United States, the Grantee, its employees and agents, and to FEMA, its employees and agents. 11. RECOVE~ OF FUNDS: If the final inspection, audit, or other review by FEMA, the State, or any other authorized entity determines that payment made under this Agreement exceeds the amount of actual eligible costs, the Subgrantee shall, within forty-five (45) days of receipt of the determination notice, repay the Grantee the amount determiB~d to be in excess of the l..,L actual costs. 12. AUDIT: a. Subgrantees shall submit an Audit of Agreement Compliance to the Grantee as provided herein. If the Subgrantee expends $300,000 or more in Federal awards in its fiscal year, then the Subgrantee shall have an audit conducted. This audit will be performed by an independent Certified Public Accountant or other entity independent of the Subgrantee in accordance with the standards of the Comptroller General as specified in the General Accounting 0ffire Standards for Audit of Governmental , ,. Page 10 FEMA-3139-EM-FL, FEMA-FSÁ-225 I-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL · '-' ...", Organizations, Programs, Activities and Functions, and generally accepted auditing standards established by the American Institute of Certified Public Accountants. The agreement number of this grant must be identified with the audit submitted. Such audit shall also comply with the requirements of Sections 11.45, 216.349, and 216.3491, Florida Statutes and Chapter 10.550 and 10.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, as amended, 31 USC 7501 through 7507, and OMB Circular A-133, as revised June 24, 1997, or thereafter. If the Subgrantee is a private non-profit " organization, i~ shall submit an organization-wide audit. All audits are due not later than seven (7) months after the termination of the entity's fiscal year. If the Subgrantee expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133 is not required, but an audit may otherwise be required under Section 216.3491, Florida Statutes, and rules adopted pursuant thereto. b. The Grantee may require the Subgrantee to undertake such further or additional audits as determined necessary or appropriate including, but not limited to, past and current organization-wide audits. Such aud~ts may be necessary to determine the adequacy, accuracy, and reliability of the Subgrantee's internal controls, fiscal data, and management systems established to safeguard the Subgrantee's assets and to ensure compliance with this Þgr~E:ment. Page 11 FEMA-3I39-EM-FL, FEMA-FSA-22S I-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '-' ....., c. If this Agreement is closed out without an audit, the Grantee reserves the right to recover any disallowed costs identified in an audit after such close-out. 13. NONCOMPLIANCE: If the Subgrantee violates any of the conditions of disaster relief assistance under the Robert T. . t·~ Stafford Act of 1988, Public Law 93:288 as amended by Public Law 100-707, the FEMA-Stò.te Agreement, this Agreement, or applicable state law or applicable state or federal regulations, including those noted herein, additional financial assistance for the project in which the violation occurred will be withheld until such violation nàs been corrected, or the Grantee may take any other action that is legally available. 14. NONDISCRIMINATION/CONTRACTORS: The Subgrantee shall maintain an active program of nondiscrimination in disaster assistance as outlined in 44 CFR, Parts 7 and 16, and 44 CFR Section 206.11. The Subgrantee shall comply with federal regulations concerning the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, as provided in 44 CFR Part 17. 15. MODIFICATION: Either party may request modifications to this Agreement, except for scope of work to be completed on the PW(s) and the time limitations for performance of the work which are subject to modification in accordance with separate procedures governed by FEMA regulation. Modifications to the terms and conditions of this Agreement shall be proposed in writing by either party and bec~me effectiv8 only upon execution Page 12 FEMA-3139-EM-FL, FEMA-FSA-2251-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '-' ...., - by both parties. Modifications to any PW or the time for performance of eligible work shall be requested through the Grantee, approved solely at the discretion of FEMA and shall be reflected in a supplemental PW or time extension approval. Modifications to a PW shall not be reflected in a modification to this Agreement. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria for completion is due to events beyond the control of the SUbgrantee. 16. TIME FOR PERFORMANCE: All activities funded under this Agreement shall be timely performed and completed. In accordance with 44 CFR 206.204, and subject to any approved extension by the Governor's Authorized Representative (GAR) or the Federal Regional Director, the term for performance of debris clearance or emergency work is six (6) months from the date of the declaration of a major disaster or emergency. Permanent work is not authorized under this Agreement. Time extensions may be granted on an individual basis, in accordance with 44 CFR 206.204. If any extension request is denied, the Subgrantee may be reimbursed for eligible project costs incurred up to the latest approved completion date. Fqilure to complete the project will result in the denial of funding for that project. 17. CONTRACTS WITH OTHERS: If a Subgrantee contracts with any other entity (herein aftE:I: "contr::l.ctor") for performance of Page 13 FEMA-3139-EM-FL, FEMA-FSA-2251-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '-' .." any of the work required under this Agreement, the Subgrantee agrees to include in the contract that the contractor is bound by the terms and conditions of this Agreement with the Grantee, and to provide the contractor with a copy of this Agreement. The Subgrantee further agrees to include in the contract that the contractor shall hold the Subgrantee and the Grantee harmless -, - against all claims of whatever nature arising out of the performance of the work by the contractor under the contract. To the extent that the Subgrantee has outstanding, uncompleted, contracts for work for which reimbursement will be requested under this Agreeiment, Subgrantee agrees to use its best efforts to modify said contracts in accordance with this paragraph. 18. TERMINATION: Either party may request termination of this Agreement, in writing, delivered in person, or by certified mail, to the party's representative who executes this Agreement. Said termination may be accomplished by mutual agreement of the parties, effective thirty (30) days after an executed modification to effect termination. 19. LIABILITY: (a) The Grantee assumes no liability whatsoever to third parties as a result of this Agreement. Unless the Subgrantee is a State agency or subdivision as defined in Section 768.28, Florida Statutes, the Subgrantee shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall indemnify and save the Grantee and the State of Flori.da harmless against. all claims.. suits, liabilities and Page 14 FEMA-3139-EM-FL, FEMA-FSA-22.51-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '-" , '. ....", damages, of whatever nature, arising out of the performance of activities funded or contemplated under this Agreement. For purposes of this Agreement, Subgrantee agrees that it is not an employee or agent of the Grantee but is an independent contractor. (b) Any Subgrantee which is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or tortious acts, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Subgrantee to which sovereign immunity applies. Nothing herein shall be construed as consent .,.f r by a State agency or subdivision of the State of Florida to be ! #:. sued by third parties in any matter arising out of the performance of this Agreement. (c) Subgrantee represents and warrants that hazardous and toxic materials, if present at any locations where the scope(s) of work will be performed, are at levels within regulatory limits and do not trigger action required by Federal, State or local laws or regulations. Subgrantee further represents and warrants that household hazardous waste meeting the definition set forth in 40 CFR shall be handled in a manner which meets all Federal, State and local laws and regulations~ Subgrantee further represents and warrants that the presence of any condition(s) or material(s) on site, which is subject to Federal, State or local laws and regulations (including but not limited to: above ground Page 15 FEMA-3139-EM-FL, FEMA-FSA-2251-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '-' 'wJI . . or underground storage tanks or vessels, asbestos, pollutants, irritants¡ pesticides¡ contaminants¡ petroleum products¡ waste, chemicals, and septic tanks)¡ shall be handled and disposed of in accordance with the pertinent requirements. 20. REPORTS: The Subgrantee shall provide quarterly progress reports to the Grantee¡ using the at~ached Quarterly Report Form¡ Attachment F. Refer to the "Quarterly Report Schedule and Instructions" (Attachment G) for the due date of the first report. Reports are due quarterly thereafter until the work has been completed and approved through final inspection. Reports shall indicate the status and completion date for each project funded, any problems or circumstances affecting completion dates, or the scope of work, or the project costs, and any other factors reasonably anticipated to result in noncompliance with the terms of the grant award. Interim inspections shall be scheduled by the Subgrantee prior to the final inspection and may be required by the Grantee based on information supplied in the quarterly reports. The Grantee may require additional reports as needed. The Subgrantee shall, as soon as possible, provide any additional reports requested by the Grantee. The Grantee contact will be the State Public Assistance officer for all reports and requests for reimbursement. 21. STANDARD CONDITIONS: The Subgrantee further agrees to be bound by the following standard conditions: a. The State of Florida's performance and obligation to pay under this AgreemeEt i:3 conting2nt upon an annual Page 16 FEMA-3139-EM-F1.., FEMA-FSA-2251-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '- '..,/ appropriation by ,the Legislature, or the provision of funding to . the Grantee pursuant to Section 252.37, Florida Statutes. b. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre- and post- audit thereof. c. The Grantee may unilaterally cancel this Agreement for refusal by the Subgrantee or its contractors to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Subgrantee or its subcontractor in conjunction with~this Agreement. It is expressly understood that substantial evidence of the Subgrantee's or their contractor's refusal to comply with this provision shall constitute a breach of contract, and constitute grounds for termination. d. Pursuant to Section 216.347, Florida Statutes, and applicable federal law, the Subgrantee agrees that no funds from this Agreement will be expended for the purpose of lobbying the Legislature, state agency employees, Members of Congress, officers or employees of Congress, or an employee of a Member of Congress in connection with the awarding of this Agreement or any amendments or modifications of this Agreement. e. The Subgrantee certifies with respect to this Agreement that it possesses the legal authority to receive the funds. f. The Subgrantee shall comply with any Statement of Assur-ance attached hereto, ~~t:\.ch shall b::: incorpc.rated herein. Page 17 FEMA-3139-EM-FL, FEMA-FSA-2251-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '-' ...., The Subgrantee acknowledges that the responsibility for complying with the approved subgrant award rests with the recipient Subgrantee and acknowledges that failure to do so constitutes grounds for the recision or suspension of this subgrant and may influence future subgrant awards. g. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Grantee sha!1 consider the employment by any Subgrantee or contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subgrantee of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Grantee. h. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 Page 18 FEMA-3139-EM-FL, FEMA-FSA-2251-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '-' . .., . . . . months from the date of being placed on the convicted vendor list. 22. TERM: This Agreement shall begin upon the date last signed and shall end upon receipt of official closing documentation from FEMA unless terminated earlier in accordance with the provisions of this Agreement. Subgrantee agrees to promptly commence and to expeditiously complete the scope of work identified herein. All work shall be completed within six months of the date of the Emergency declaration (September 25, 1998) or prior to such deadline as established by the GAR or the FEMA, whichever is la~r. 23. NOTICE AND CONTACT: All notices under this Agreement shall be in writing, delivered either by hand delivery or certified mail to the representative ~nd address below: FOR THE GRANTEE: Joseph F. Myers, GAR State Public Assistance 2555 Shumard Oak Blvd Tallahassee, Florida 32399-2100 FOR THE SUBGRANTEE: Donald G. Daniels. E.M. Coordinator St. Lucie County Public Safety 101 North Rock Road Ft. Pierce, FL 34945 24. DEFAULT; REMEDIES; TERMINATION a. If any of the following events occur ("Events of Default"), all obligations on, the Pé!rt of the Grantee to make any further payment of funds hereunder shall, if the Grantee so e.lects, terrr.inate, and the Grantee may at its option exerciae any Page 19 FEMA-3139-EM-FL, FEMA-FSA-2251-FL through. FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '-' ...." of its remedies set forth herein, but the Grantee may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Subgrantee in this Agreement or any previous Agreement with the Grantee shall at any time be false of' misleading in any respect, or if the Subgrantee shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreemèht with the Grantee and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material ad~~rse change shall occur in the financial condition of the Subgrantee at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Grantee, and the Subgrantee fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Grantee; 3. If any reports required by this Agreement have not been submitted to the Grantee or have been submitted with incorrect, incomplete or insufficient information; or 4. If the necessary funds are not available to fund this agreement as a result of action by Congre s s , the Legislature¡ the Office of the Comptrolle~ or the Office of Page 20 FEMA-3139-EM-FL, FEMA-FSA·22S I-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '-' ~ .'. . Management and Budget. b. Upon the happening of an Event of Default, then the Grantee may, at its option, upon written notice to the Subgrantee and upon the Subgrantee's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of anyone of the following remedies shall not preclude the Grantee from pursuing any other remedies contained herein or otherwise provid~d at law or in equity; 1. Terminate this Agreement, provided that the Subgrantee is giVen at least fifteen (15) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, f~~st class mail, postage prepaid, by registered or certified ~ail-return receipt requested, to the address set forth in paragraph (23) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Subgrantee to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures ,may be taken if the ~ ..-. situation is not corrected, advising the Subgrantee to suspend, discontinue or refrain f.::-.om incurring costs for any activities in Page 21 FEMA-3139-EM-FL, FEMA-FSA-2251-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '-' '<ttItII question or requiring the Subgrantee to reimburse the Grantee for the amount of costs incurred for any items determined to be ineligible; and 5. Exercise any other rights or remedies which may be otherwise available under law. c. The Grantee may terminate this Agreement for cause upon such written notice as is reasonable under the ~ ..~ . circumstances. Cause shall include, but not be limited to, misrepresentation in the grant application; misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Subgrantee to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, FS, as amended. d. Suspension or termination constitutes final Grantee action under Chapter 120, FS, as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. However, any deobligation of funds or any other determination made by FEMA shall be addressed as provided in 44 CFR 206.206. e. The Subgrantee shall return funds to the Grantee if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement. f. Notwithstanding the above, the Subgrantee shall not be relieved of liability to the Grantee by virtue of any breach of Agreement !::y the Subgrantee. The Grantee may, to the extent Page 22 FEMA-3139-EM·Fl.., FEMA-FSA-22S I-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '-' ....". . authorized by law, withhold any payments to the Subgrantee for purpose of set-off until such time as the exact amount of damages due the Grantee from the Subgrantee is determined. In the event the FEMA deobligates funds previously authorized under this Agreement, or under any other FEMA funded agreement administered by the Division, then Subgrantee shall immediately repay said funds to the Grantee. If Subgrantee fails to repay said funds, then Subgrantee authorizes the Grante~ to recoup said funds from funding otherwise available under this Agreement or under any other grant Agreement with Subgrantee administered by the Grantee. - (25 ) ATTACHMENTS a. All attachments to this ,:Agreement are incorporated as if set out fully herein. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. c. This Agreement has the following attachments: Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Program Statutes and Regulations Lobbying Prohibition/Certification Statement of Assurances Request for Advance or Reimbursement Summary of Documentation Florida Public Assistance Quarterly Report Quarterly Report Schedule and Instructions Attachment G Page 23 FEMA-3139-EM-FL, FEMA-FSA-2251-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL 'w .' """'" 26. DESIGNATED AGENT: The Subgrantee hereby authorizes: Donald G. Daniels and Mary P. Dutro as its primary designated agent, as its alternate designated agent, to execute Requests for Reimbursement, necessary certifications, and other supplementary documentation. IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement; FOR THE SUBGRANTEE: FOR~THE GRANTEE: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS .... By: By: (Signature) (Signature) Joseph F. Myers (Print or Type Name) " (Print or Type Name) Governors Authorized Representative (Title) (Title) (Date) (Date) Subgrantee's Federal Employer Identification No. Federal Domestic Assistance #83.544 Page 24 FEMA-3139-EM-FL, FEMA-FSA-2251-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL '-' ..., ATTACHMENT A PROGRAM STATUTES AND REGULATIONS The parties to this Agreement and thJ Public Assistance and Fire suppression Grant Programs are generally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC 5121, et seq; (2) 44 CFR parts 6, 7, 9, 10, 13, 14, 16, 17, 18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda, handbooks and guidance documents; (3) State of Florida Administrative Plan for the Public Assistånce Grant Program; and (4) All applicable laws and regulations delineated in Attachment C of this Agreement. A-1 '-' ""'" . ATTAcmŒNT B LOBBYING PROHIBITION The undersigned certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence either directly or indirectly an officer or employee of any state or federal agency, a member of the Florida Legislature, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attèmpting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-L. "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any persôns who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such 'failure. By: Signature Typed Name and Title B-J. '-' . ...,., . ATTACHMENT C STATEMENT OF ASSURANCES The Subgrantee hereby assures and certifies that: (a) It possesses legal authority to:enter into this agreement, and to execute the proposed program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the disaster relief funding agreement with the Grantee, including all understandings and assurances contained therein, and directing and authorizing the Subgrantee's chief executive officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share o-r part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Subgrantee or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure'or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Subgrantee shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes stated above; (d) All Subgrantee contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Subgrantee for eligible contract work completed prior to the date the notice of suspension of funding was received by the Subgrantee. Any cost incurred after a notice of suspension or termination is received by the Subgrantee may not be funded with funds provided under this Agreement unless previously approved in writing by the Grantee. All Subgrantee contracts shall contain provisions for termination for cause or convenience and shall provide fur the method of payment in such event; C - 1 '-' .., (e) It will comply with: (f) (1) (2) It (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work- week. ;., will comply with: Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and thè regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Subgrantee receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Subgrantee, this assurance shall obligate the Subgrantee, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (2) C - 2 '-' . 'wII (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of payor other forms of compensation; and election for training and apprenticeship; (g) The Subgrantee agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications; (h) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or othei\'¡ties pursuant to Section 112.313 and section 112.3135, FS; (i) It will comply with the Anti-kickback Act of 1986, 41 u.s.e. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (j) It will comply with the provisions of 18 use 594, 598, 600- 605 (f/k/a the Hatch Act) which limits the political activity of employees; (k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 use 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insllrai1ce payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; e - 3 '-' ...., (1) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Part to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101- 19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Subgrantee will be responsible for conducting inspections to ensure compliance with these specifications by the contractor¡ (m) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seg.) by: (1) Consurting with the State Historic Preservation Officer to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposedactivity¡ and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. (4) When any of Subgrantee's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800. (2) (e), the FEMA may require Subgrantee to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation C - 4 ~ .." and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Subgrantee agrees to participate in consultations to develop,tand, after execution by all parties, to abide by, a written agreement that establishes mitigation and recordation measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) Subgrantee, agrees to notify FEMA and the Department if any project funded under this Agreement will involve grouncrdisturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opipion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Subgrantee on any feasible steps to be accomplished to avoid any National Register eligible archeological property or .. will make recommendations for the development of a treatment plan for the recovery of archeological data from the property. If Subgrantee is unable to avoid the archeological property, the Subgrantee will develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties." Subgrantee shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within l5 calendar days of receipt of the treatment plan, FEMA may direct Subgrantee to implement the treatment plan. If either the Councilor the SHPO C - 5 ..,:-,' " .. . w ...., object, Subgrantee shall not proceed with the project until the objection is resolved. (6) Subgrantee shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed propertYi (b) of all changes to a project that may result in a supplemental PW or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect'a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Subgrantee acknowledges that FEMA may require Subgrantee to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner'.; Subgrantee further acknowledges that FEMA may require Subgrantee to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Subgrantee also acknowledges that FEMA will require, and Subgrantee shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Subgrantee acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NEPA, Subgrantee intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. (n) It will comply with Title IX of",the Education Amendments of 1972, as amended (20 U.S.C.: 1681-1683 and 1685-1686) which prohibits discrimination on the basis of sex; (0) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Réhabilitation Act of 1970, (42 USC 4521-45-94) relating to nondiscrimination on the basis ~f a~cohol aLusc cr alcoholism; C-6 W' .., (p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (g) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S. C.: 4821et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; ,.'1 (r) It will comply with the Energy-policy and Conservation Act (P.L. 94-163; 42 USC 6201-6422),' and the provisions of the state Energy Conservation Plan adopted pursuant thereto. (s) It will comply with the Animal Laboratory Welfare Act of 1966, 7 USC 2131-2159; (t) It will comply with the Civil Rights Act of 1968, Title VI and VIII, 42 USC 2000c and 42 USC 3601-3619. (u) It will comply with the Clean Air Act of 1970, as amended, - 42 USC 7401-7642; (v) It will comply with the Clean Water Act of 1977, as amended, 42 USC 7419-7626; (w) It will comply with the Davis-Bacon Act, 40 use 276a; (x) It will comply with the Endangered Species Act of 1973, 16 USC 1531-1544; (y) It will comply with the Intergovernmental Personnel Act of 1970, 42 USC 4728-4763; (z) It will comply with the National Historic Preservation Act of 1966, 16 use 270; (aa) It will comply with the National Environmental Policy Act of 1969, 42 USC 4321-4347; (bb) It will comply with the Preservation of Archeological and Historical Data Act of 1966, 16 USC 469a, et seg; (cc) It will comply with the Rehabilitation Act of 1973, Section 504, 29 USC 794; (dd) It will comply with the Safe Drinking Water Act of 1974, 42 USC 300f-300j; (ee) It will comply with the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 use 4621-4638; (ff) It will comply with the Wild and Scenic Rivers Act of 1968, 16 use 1271-1287; and (gg) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain ManagemeDt) i and EO 11990 (Wetlands) j and EO 12848 (Environmental Justice) . C - 7 '-' ..., (hh) It will comply with the Coastal Barrier Resources Act ,of 1977, 16 USC 3510. (ii) It will comply with the Coastal Zone Management Act of 1972, 16 USC 1451-1464. (jj) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 USC 661-666. (kk) With respect to demolition activities, it will: 1. Create and make available documentation sufficient to demonstrate that the Subgrantee and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained there on. 3. Furnish documentation of all qualified personnel, licences and all equipment necessary to inspect buildiñgs located in Subgrantee's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.' S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. 4. Provide documentation of the inspection results for each structure to indicate: a. Safety Hazards P~esent b. Health Hazards Present c. Hazardous Materials Present 5. Provide supervision over contractors or employees employed by Subgrantee to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify the Department promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for each site where water wells or septic tanks are to be closed along with the number of wells located on each site. 10. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservatior-Act (Public Law 94 - 163) . C - 8 '-" 'WI 11. COf¡,ply w'ith all applic2.ble standaràs, orders '.. or requirements issued under Section 306 of the Cléan'Air Act (42 U.S.C. 1857(h», Section 508 of the Clean Water Act (33 U.S.1368), Executive Order 1i738, and the U. S. Environmental Protection Agency regulations (40 C.F.R. Part 15). This clause shall be added to any subcontracts. 12. Provide documentation of public notices for demolition activities. ~ ~~~ - ~: ò·~ C - 9 . . .,-, ATTACHMENT D ...., ILORJDA DEPART1\lENT OF CÛi\1l\lUÑITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT' ' Request for Advance or Reimbursement for Public Assistance FoodS SUB GRANTEE NAME: DEC NO: ADDRESS: PAYMENT NO: PAIDNO: DCA AGREEMENT NO: DSR DCA USE ONLY ELIGIDLE PREVIOUS CURRENT AMOUNT PAYMENTS REQUEST APPROVED FOR PAYMENT COMMENTS DSR# CATEGORY_ % COMPLETE DSR# CATEGORY_ - % COMPLETE DSR# CATEGORY_ . " % COMPLETE DSR# CATEGORY_ % COMPLETE DSR# CATEGORY_ % COMPLETE TOTAL CURRENT REQUEST $ I certify that to the best of my knowledge 8lld belief the above accounts are correct and that all disbursements were made in accord811ce with all conditions of the DCA agreement 8lld payment is due 8lld has not been previously requested for these amounts. SUBGRANTEE SIGNATURE NAME AND TITLE DATE: TOBECOMPLETEDBYDEPARTMENTOFCOMMUNITYAffAms0DCA) APPROVED FOR PAYMENT $ ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE TOTAL PAYMENT $ DATE D -1 '-' A TT ACHi\tIE?-Iï E ..." FLORIDA DIV1SION OF EMERGENCY MANAGEMENT SUl\'ßl>-\RY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGffiLE DISASTER WORK Sub grantee: Disaster No. DCA Agreement No, Project Application No. Applicant's :Reference Dclivel)' Dale of DOCUMENTATION Applicant's No. (Warrant, Voucher, articles or List Doc:umentation (Applicant's payroU, matem1 cut ol applicant's atoc:k. Eligible Cœts Claim or Schedule No.) performance applicant owned equipment ond name 0( veador or CCI1tnIctor) by category and ($$$) semcea. line Item In the approved project applic:àtÌ~ and pvc a brlcl clescript!on ollbe articles or services. .- ca , .; J TOTAL TOTAL - ,._~ ,.,.... . E-l I ~ 0 I ~ ~ ø bl) ~ ~ ~ ó E-; z ~ z ~ ~ 0 ~ ø ~ CI) ~ ~ -< E-; CI) ~ ~ ~ ~ CI) ~ ~ ~ E-; ~-< -< ~þ ~ :z:0' ~~ ~u ~z u~ ~~ . . -<~ .. ~ s z u 0 .... -< t:ï:: ~ ~ ~ ~ þ ~ -< ~ 0 ~ ~ .. ~ 0 ~ ~ ~ ~ 0 ~ ~ ~ ~ ~ E-o Z I ~ ~ ~ ~ C-' Z ~ ~ ~ þ C-' CI) -< 0' '-' ""'" CI) ~ ~ ~ I CI) Þ E-; ~ CI) ~ ~ u ~ c :;t: ~ þ CI) ~ -< u ¢2 CI) I ; I ~ I 0 Z rl ~ '-' ....., ATTACHMENT G FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT QUARTERLY REPORT SCHEDULE AND INSTRUCTIONS Quarterly Progress Reports are required by the Disaster Funding Agreements for all subgrantees until all their Project Worksheets (pWs, formerly Damage Survey Reports {DSRs}), are completed. Subgrantee reports are reviewed by the Grants Manager, then consolidated by disaster event (declaration number) and forwarded to FEMA Region IV as required by the FEMNState Agreement for each disaster. The State reports are due to FEMA Region IV thirty (30) days after the end of the reporting quarter. Reporting quarters and submission dat'es are listed below for your information and compliance. QUARTERS DUE TO STATE BY STATE SUBMISSION TO FEMA January-March April 15th(or ¡S~ork day after) Not Later Than -April 30th .... April-June June 15th (or ¡st work day after) Not Later Than-July 3¡st July-September October 15th (or ¡st work day after) Not Later Than- October 3rt October-December January 15th (or l't work day after) Not Later Than-January 3rt Subgrantees involved in their II first II or a "new" disaster grant will be advised of the date required for the submission of their first Quarterly Report for that disaster. All subsequent Quarterly Report submissions will follow the schedule outlined above, Subgrantees involved in more than one open disaster grant must submit separate reports for each disaster that has outstanding DSR projects, Please be aware, the Department will withhold payment of any disaster funds due if the report is not submitted on time. Subgrantees should contact their Grants Manager for guidance in preparing their "first" Quarterly Progress Report for any disaster. If you have'any question, contact your Grants Manager. JFM/js G - 1 TO: "-' AGENDA REQUEST ~ C:3:1L \ ITEM NO. DATE: January 25, 2000 CONSENT [X REGULAR ] PUBLIC HEARING [] Leg. [ ] Quasi-JD. [ BOARD OF COUNTY COMMISSIONERS ~.~ f Direc tor Acceptance of the $57,000 grant award from the Florida Fish and wildlife Conservation Commission (FFWCC) to develop a boat facility siting plan for St. Lucie County. Authorize the Chairman to sign the grant contracts between the County and FFWCC and between the County and Treasure Coast Regional Planning Council (TCRPC). SUBMITTED BY (DEPT): Community Development SUBJECT: BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ X ] APPROVED [ ] OTHER: ./ County Attorney: Originating Dept: v'Finance: (copies only): St. Lucie County has been awarded $57,000 from the State to complete a boat facility siting plan for the county. By developing this plan, the County will fulfill a major component of the Manatee Protection Plan. The Treasure Coast Regional Planning Council has agreed to prepare the analysis and the bulk of the report for $45,000 while $12,000 of the state funds will cover County GIS and other staff time. On November 23, 1999 ,the Commission approved the submittal of staff's request to FFWCC for funds to complete this portion of the Manatee Protection Plan. Since that time, County Attorney and staff have been working with the TCRPC and FFWCC to develop the scope of work and contracts. The Contract between the County and FFWCC has been approved to form and legality by the County Attorney. Since the Attorney's office has recommended minor revisions to the contract between the County and TCRPC, these changes and subsequent Attorney approval will be completed. No matching funds from the County are required. Finance Department has processed the Grant Accounting Form and assigned #001255 to the account. Once the contract is signed by FFWCC, OMB will prepare a Resolution for Board approval and funds will be placed in account # 001255-1525~334910-100. Board approved original request on November 23, 1999. Staff recommends that the Commission accept the $57,000 grant award from the Florida Fish and wildlife Conservation Commission (FFWCC) and to authorize the Chairman to sign the grant contracts between the. County and FFWCC and between the County and Treasure Coast Regional Planning Council (TCRPC). DENIED y Coordination vkgt &: Budget: Purchasing: Public Works: Other: ~' .... '-' AGENDA REQUEST"'" c- '\ B ITEM NO. DATE: January 25, 2000 CONSENT [X REGULAR PUBLIC HEARING [] Leg. [ Quasi-JD. SUBMITTED BY (DEPT): Community Development TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: BACKGROUND: FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [X] APPROVED [ ] OTHER: County Attorney: Consider authorizing the submittal 0 a Transportation and Community and System Preservation pilot Program (TCSP) grant proposal to Federal Highway Administration (FHWA) as authorized under the Transportation Equity Act For the 21st Century (TEA-21). In 1999, the MPO directed staff to submit a letter of intent to the FHWA to apply for funding for the development of an implementation program for the MPO's Congestion Management System (CMS) Program. The grant application process then changed and FHWA required a full grant proposal. Staff received Commission approval on July 6, 1999 to submit a full proposal to FHWA. FHWA recently notified the County that the decision date will be postponed until January 31,2000 which is also the deadline for the year 2000 cycle. FHWA suggested that we resubmit the same project into this year's competition. The School Board and county staff still would like to see the original proposal be considered, staff therefore requests Commission approval to submit the 1999 application for the year 2000 grant cycle. The local match is provided through in-kind services from County and School Board staff and students, and existing computer equipment already purchased through the one-stop permitting grant. Board approved original submittal on July 6, 1999. Staff recommends that the Board authorize the County Administrator to sign the resubmittal of the Transportation and Community and System Preservation pilot Program (TCSP) grant proposal to Federal Highway Administration for the year 2000 rogram cycle. DENIED ,",,- Coordination/Siqnatures Mgt &: Budget: Public Works: Purchasing: Originating Dept: Other: Finance: (copies only): agempo2000bcc.wpd ~ r_'"' ) - - '... "" "'WI COUNTY COMMISSION REVIEW: January 25,2000 DEPARTMENT OF COMMUNITY DEVELOPMENT Administration MEMORANDUM TO: Board of County Commissioners FROM: Julia Shewchuk, Community Development Director DATE: January 25,2000 SUBJECT: Submittal of grant application to FederalHighway Administration MPO directed staff in 1999 to submit a letter of intent toFederal Highway Administration (FHW A) to apply for funding to implement the Congestion Management System (CMS) program. Board approval to submit this grant was received on July 6, 1999, and the grant was submitted on July 15, 1999. FHW A recently notified the County that an award decision for the 1999 grant application would not occur until after the January 31, 2000 deadline for submittal for the 2000 applications. FHW A suggested that we resubmit the same application for the Year 2000 program cycle. Federal Highway Administration's Transportation and Community and System Preservation Pilot Program is intended to pilot new approaches that demonstrate transportation strategies which incorporate short and long-term environmental, economic, and social equity effects to help build sustainable communities. Staff recommends submitting this grant proposal to put the CMS on GIS and make it accessible to all users groups on an interactive web page which will fulfill MPO's goal to implement the CMS and FHW A's goal to bring non-traditional partners to the transportation planning table. The title for the grant application is "Teenagers, Transportation Planners and Residents Team Together to Tackle the Long Range Transportation Plan". Grant funds will be used to purchase adequate computer hardware to run the CMS on GIS and to hire a contract computer person to assist in getting the information on the web. The local in-kind match for this grant includes expertise and time from MPO committees, transportation planners, computer services staff, and local students, as well as computer equipment purchased through the one stop permitting grant. ~ .- . -. '-' ..""" AGENDA REQUEST ITEM NO.J ð ~ A DATE: t /25-/ tJ(J REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul Phillips SUBJECT: Approve the budget resolution to accept the unanticipated revenue of $2,906.25 for the installation of a water meter at the Able Aviation building at S1. Lucie County International Airport. BACKGROUND: Currently, S1. Lucie County International Airport has no financial accounts ' established to accept revenues associated with the construction of water lines and meters. The Airport is in the process of establishing an Airport Utility District. The contract with Inwood Consulting to set up the Airport Utility District was approved by the Board and is about 60% complete. The Airport Utility District will have the mechanisms necessary to do the billings and accept revenues, in addition to the capital project construction and replacement accounts. FUNDS AVAILABLE IN ACCT#: N/ A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the attached budget resolution 00-041 to accept the unanticipated revenue of $2,906.25 for the installation of a water meter at the Able Aviation building at S1. Lucie County International Airport. COMMISSION ACTION: [~PPROVED [ ]DENIED [ ]OTHER: -" Reviews & Approvals County Attorney: Originating Dept: Finance:(Check fo Purchasing Other: OMB Other: opy only, if applicable) ~ . '-' RESOLUTION NO. 00-041 '..,/ . WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from water connection fees paid by airport tenants. 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 25 th 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 140-4210-343353-400 Water Connection Fees $2,907 APPROPRIATIONS 140-9910-599300-800 Reserves $2,907 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn Commissioner Frannie Hutchinson Commissioner Paula A. Lewis Commissioner Cliff Barnes Commissioner Doug Coward xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 25TH DAY OF JANUARY, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY '-' AGENDA REQUEST ITEMNO~ IÒ'" t DATE: 1-25-00 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] .. TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul Phillips SUBJECT: Consider staffs request to approve the revision to Amendment No.1 to the Lease Agreement dated March 15, 1995 between St. Lucie County and Treasure Coast Fasteners. Because the contractor's have not finished the work, this revision to Amendment No.1 changes the beginning rent due date from February 15,2000 to March 15,2000. BACKGROUND: Treasure Coast Fasteners, a tenant at St. Lucie County International Airport, has become so successful in their manufacturing efforts that they have requested that the County renew the Lease Agreement so that they can expand their manufacturing operations. In addition to the time extension, Treasure Coast Fasteners has also requested additional manufacturing space. As a result ofthe bankruptcy of Jack Frost Industries, the building adj acent to Treasure Coast Fasteners manufacturing operations is now available. However, after the Jack Frost building was vacated by Jack Frost Industries, Central Service brought to our attention that the condition of the existing wiring in the Jack Frost building would not meet building standards and needed to be brought up to current code before Treasure Coast Fasteners can occupy the building. Treasure Coast Fasteners has agreed to pay the $17,500 to bring the building up to standards and upgrade the electrical system in exchange for credit against their rent. FUNDS AVAILABLE IN ACCT#: N/ A PREVIOUS ACTION: BOCC approved the Amendment No.1 to the Lease on December 14, 1999. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the revision to Amendment No.1 to the Lease Agreement dated March 15, 1995 between St. Lucie County and Treasure Coast Fasteners and authorize the Chairman to sign the amendment. Amendment No.1 provides for an addition of five years to the lease, the addition of the Jack Frost building to the lease which brings the monthly rental to $4,519.79, and a rent credit of$17,500 for the money spent to on the Jack Frost building. This Amendment was approved by the Board on December 14, 1999. However, due to the length of time necessary to complete the work, the building will not be available to Treasure Coast Fasteners until March 15,2000. This revision to Amendment No.1 changes the beginning rent due date from February 15,2000 to March 15,2000. Reviews & Approvals County Attomey:~ OMB Originating Dept: Other: Finance:(Check for opy only, if applicable) COMMISSION ACTION: {C]APPROVED [ ]DENIED [ ]OTHER: Purchasing Other: ,- '-' "wi , ~ SECOND AMENDMENT TO FEBRUARY 14, 1995 LEASE AGREEMENT THIS SECOND AMENDMENT is dated this _ day of ,2000, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida and successor in interest to the S1. Lucie County Port and Airport Authority, hereinafter called the "Lessor", and TREASURE COAST FASTENERS, INC., a Florida corporation, hereinafter called the "Lessee" . WHEREAS, the parties entered into a Lease Agreement on February 14, 1995, wherein the Lessor leased to the Lessee certain property located in the Airport Industrial Park, hereinafter referred to as the "leased premises" for the period March 15, 1995 through and including March 15, 2000; and, WHEREAS, on December 14, 1999, the parties entered into a First amendment to the Lease Agreement to add additional improved property located adjacent to the leased premises, increase the rent accordingly, and extend the lease term through and including March 15, 2004; and, WHEREAS, certain delays in the renovation of the building added to the leased premises under the First Amendment will prevent the Lessee from occupying the building by January 15, 2000 as originally intended; and, WHEREAS, the Lessee has requested that the Lease Agreement be further amended to extend the effective date of the rent increase from January 15, 2000 to March 15, 2000. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Lease Agreement as follows: 1. Paragraph 11. RENT: SECURITY DEPOSIT: ANNUAL RENT ADJUSTMENT is hereby be amended to read as follows: 11. RENT: SECURITY DEPOSIT: RENT CREDIT: AND ANNUAL RENT ADJUSTMENT. Beginning March 15, 1995, the Lessee shall pay as rent for the leased premises the sum of two thousand one hundred ninety-four and 79/100 dollars ($2,194.79) per month plus all applicable sales, use, and like taxes, subject to an annual adjustment as set forth below. Rent payments shall be due on the fifteenth (l,Sth) day of each month without billing beginning on the commencement date. On the commencement date, Lessee shall also pay a security deposit in the amount of two thousand one hundred ninety-four and 79/100 dollars ($2,194.79). Such depœit shall be -1- , .......... ...." .- governed by the procedures set forth in Chapter 83, Florida Statutes. Beginning March 15, 2000, the rent for the leased premises shall increase to four thousand five hundred nineteen and 79/100 dollars ($4,519.79) per month plus all applicable sales, use, and like taxes, subject to an annual adjustment as set forth below. Payment shall be by corporate check made payable to the Lessor and delivered to 2300 Virginia Avenue, Administration Annex, Fort Pierce, Florida 34982, or such other location as directed in writing by Lessor. Lessee shall also pay all applicable ad valorem tax imposed on the leased premises. Lessee shall be entitled to a rent credit not to exceed seventeen thousand five hundred and 00/1 00 dollars ($17,500.00) for certain repairs and/or improvements to the leased premises as set forth in the proposals attached hereto and incorporated herein as Exhibit "B" and "C". Upon completion of such repairs and/or improvements, Lessee shall provide the Airport Director with copies of paid invoices for such repairs and/or improvements, including material costs incurred by Lessee for work performed by Lessee. Upon verification of such repairs and/or improvements by the Airport Director, or his designee, the Lessee shall be entitled to a rent credit in an amount equal to such invoices beginning with the next rental payment thereafter due. Beginning on March 15, 1996 and continuing each year thereafter on March 15th, the Annual Rent shall be adjusted in accordance with the provisions set forth in herein. Said adjustments shall be computed one (1) month prior to the end of the preceding Term, or Renewal Term, as the case may be, with the adjusted Annual Rent to be paid in equal consecutive monthly installments. The adjusted Annual Rent for the applicable Term or Renewal Term shall be determined by multiplying the Annual Rent then in effect for the Term ofthis Lease by a fraction, the numerator or which is the Consumer Price Index (All Items and Major Group Figures for All Urban Consumers, U.S. City Average 1982-84 = 100, as computed by the United States Department of Labor, Bureau of Labor Statistics) (the "Index"), as of three (3) months prior to the expiration of the Term, or the Renewal Term, as the case may be, and the date of commencement of this Lease. Lessor shall provide Lessee with the new Annual Rent amount and Lessor's calculations to arrive at same within ten (10) days following the aforementioned calculation date. 2. Except as amended herein, the remaining tenns and conditions of the Lease Agreement shall remain in full force and effect. -2- '-' """'" IN WITNESS WHEREOF, the parties hereto have executed this instrument for the purpose herein expressed, the day and year above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY ATTEST: TREASURE COAST FASTENERS, INC. BY: PRESIDENT SECRETARY (SEAL) g:\atty\agreemnt\2A- TC.F AST. WPD -3- AGENDA REQUEST .., ITEM NO. /D - C DATE: 1-25-00 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X] J '-' '1 TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul Phillips SUBJECT: Accept the bid from Eric Jones, owner of Auto Care Center, to lease two parcel in the Ridgehaven Subdivision one at 3175 North US Highway 1 and the other parcel at 3163 North US Highway 1 from S1. Lucie County International Airport for five years with a five year option for $225.00 per month, and allow Eric Jones to relocate trees from the Ridgehaven Subdivision to the leased property only. BACKGROUND: S1. Lucie County International Airport advertised for bids for two parcels located on the Airport. The Airport advertised the property for bid. After the notification period, the sole bidder was Mr. Eric Jones with Auto Care Center, Inc for $225.00 per month. Mr. Jones operates an auto repair and sales facility at his place of business and wants to expand his auto sales and vehicle storage compound onto the leased property. As this property is adjacent to the Ridgehaven subdivision that belongs to the Airport, and in consideration that all the permanent site improvements will belong to the Airport at the end of the lease term, Mr. Jones has asked for permission to relocate some of the trees from the Ridgehaven property to the leased property. FUNDS AVAILABLE IN ACCT#: none needed PREVIOUS ACTION: none RECOMMENDATION: Staff recommends that the Board of County Commissioners accept the bid from Eric Jones, owner of Auto Care Center, to lease two parcel in the Ridgehaven Subdivision one at 3175 North US Highway 1 and the other parcel at 3163 North US Highway 1 from S1. Lucie County International Airport for five years with a five year option for $225.00 per month, and allow Eric Jones to relocate trees from the Ridgehaven Subdivision to the leased property only and authorize the Chairman to sign the lease. Reviews & Approvals County Attomey:~ OMB Originating Dept: Other: Finance:(Check for opy only, if applicable) Board voted to pull item for more information to be provided by staff. COMMISSION ACTION: l JAPPRO'¡ED [ ]DENIED pqOTHER: Purchasing Other: '-' "WI » STAFF REPORT from St. Lucie County International Airport From: Date: Subject: Board of County Commissioners Paul A. Phillips, Airport Director January 19,2000 Lease with Eric Jones for Ridgehaven Subdivision Property To: St. Lucie County International Airport advertised for bids for two parcels located on North US 1 in the Ridgehaven Subdivision. These Airport parcels located at 3163 and 3175 North US 1 are bounded by US 1 to the east, Ridgehaven Road to the west, the Auto Care Center to the south and Votino's Auto Sales to the north. At the request of the north property owner, the property was advertised for bid in 1997 at a minimum bid of $325.00 per month; no bids were received for the property. Last year, the two businesses adjoining the property again requested that the property be advertised for bids. This time the Airport advertised the property for bid without a minimum bid. After the notification period, the sole bidder was Mr. Eric Jones with Auto Care Center, Inc for $225.00 per month. Mr. Jones bid $125 per month for the 3163 North US 1, the southernmost parcel adjacent to his property, and $100 per month for 3175 North US 1, the northern property. Mr. Jones operates an auto repair and sales facility at his place of business. As the Airport property is available for lease only, Mr. Jones wants to expand his auto sales and vehicle storage compound onto the leased property. Any expansion efforts onto the leased property will require a building permit and significant site improvements. As this property is adjacent to the Ridgehaven subdivision that belongs to the Airport, and in consideration that all the permanent site improvements will belong to the Airport at the end of the lease term, Mr. Jones has asked for permission to relocate some of the trees from the Ridgehaven property to the leased property. Since the site is adjacent to the Auto Care Center and is now separated from the Airport by the extension of 25th Street, it is the Airport's recommendation that the Parcel at 3175 North US Highway 1 and the parcel at 3163 North US Highway 1 be leased to Eric Jones for five years with a five year option for $225.00 per month, and that Eric Jones be allowed to relocate trees from the Ridgehaven Subdivision to the lease property only. If you have any questions or require any additional information, please do not hesitate to contact me. -, 'W ~ LEASE AGREEMENT THIS IS A LEASE AGREEMENT, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Lessor"), and AUTO CARE CENTER, INC., a Florida corporation, ("Lessee"). In consideration of the mutual promises and covenants contained in t~is Lease and other good and valuable consideration, the receipt of which is acknowledged, it is agreed between Lessor and Lessee as follows: 1. PREMISES. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, certain vacant real property and improvements located in St. Lucie County, Florida, and more particularly described in Exhibit" A", attached hereto and incorporated herein, ("premises" or "leased premises"). 2. PURPOSE. Lessee agrees to use the premises for an automobile compound accessory to an automobile repair facility. The use ofthe leased premised by the Lessee is specifically subject to the rules, regulations, and conditions promulgated by the Lessor, the Federal Aviation Administration or its successor agency, the State of Florida or any other federal, state, or local agency having jurisdiction over the operations of St. Lucie County International Airport and is further subject to the terms, conditions, and regulations imposed by the Lessor. 3. MUTUAL REPRESENTATIONS AND WARRANTIES. Lessee acknowledges that it has made, or had an opportunity to make, a thorough and complete inspection of the leased premises and is fully advised of its condition, nature of construction, if any, and state of repair. Lessee fully accepts the leased premises in its present state of condition. Lessor warrants that Lessor has full 1 ~ ..." authority to enter into this Lease. 4. INDEMNIFICATION AGAINST CLAIMS. The Lessee is and shall be an independent contractor and operator, responsible to all parties for all of its acts or omissions and the Lessor shall in no way be responsible for such acts or omissions. The Lessee shall and will indemnify and hold harmless Lessor from and against any and all liability , claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupation, management, or control of the leased premises by the Lessee or its agents, servants, employees, customers, patrons, or invitees, arising out of or in any way connected with the operation or conduct of any business or businesses of the Lessee or its agent, servants, employees, customers, patrons, or invitees, whether on the leased premises or surrounding area, or resulting from injury to person or property, or loss of life or property of any kind or nature whatsoever sustained during the term of this agreement, in or about the leased premises or surrounding area (except for injuries, damages or claims which are the result of the primary negligence of the Lessor and for which the Lessor is legally, directly, and primarily liable). 5. NO LIENS CREATED. Lessee covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of Lessor in and to the property covered by this lease, and that no third person shall ever be entitled to any lien, directly or indirectly derived through or under the other party, or its agents or servants, or on account of any act or omission of any other party. All persons contracting with Lessee, or furnishing materials or labor to Lessee, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of the lease. 2 '-' ~ 6. OPERATION COSTS. Lessee agrees promptly to pay when due all of its operating, maintenance and servicing charges and costs, including telephone, gas, electricity, water and sewer, and all other expenses incurred in and use and operation of the leased premises. Lessee agrees to obtain at its expense all permits and licenses which may be required by any governmental unit. Upon Lessor's request, at reasonable intervals, Lessee shall promptly furnish to Lessor evidence satisfactory to Lessor showing Lessee's compliance with its obligations under this section. Lessee shall be responsible for the payment of any and all ad valorem taxes and other taxes and/or assessments which may be assessed against the leased premises during the term of this Lease. 7. BANKRUPTCY OF LESSEE. Should Lessee, at any time during the term of this lease, file a voluntary petition in bankruptcy, or permit an involuntary petition in bankruptcy to be filed against it, or institute a composition or any arrangement proceeding under Chapter X or XI of the Chandler Act, or make any assignments for the benefit of its creditors, or should a receiver or trustee be appointed for Lessee's property because of Lessee's insolvency, and the appointment is not vacated within thirty (30) days thereafter, or should Lessee's leasehold interest be levied on and the lien not discharged within thirty (30) days after levy has been made, or should Lessee fail promptly to make the necessary returns and reports required of it by city, state and federal law, or should Lessee fail promptly to comply with all governmental regulations, city, state and federal, and should such failure in any manner jeopardize the rights of Lessor, then, and in such event, and upon the happening of either or any of such events, Lessor shall have the right, at its election, to consider the same a default on the part of Lessee of the terms and provisions of this lease, and, in the event of such default not being cured by Lessee within a period of thirty (30) days from the date of the giving 3 ~ ..."., by Lessor of written notice to Lessee of the existence of such default, Lessor shall have the option of declaring this lease terminated, and the interest of Lessee forfeited, or Lessor may exercise any other rights conferred upon it by this lease. The pendency of bankruptcy proceedings or arrangement proceedings, to which Lessee shall be a party shall not preclude Lessor from exercising any of its rights. In the event Lessee, or the trustee or receiver of Lessee's property, shall seek an injunction against Lessor's exercise of any right, such action on the part of Lessee, its trustee or receiver, shall automatically terminate this lease as of the date of the making of such application. In the event the court shall enjoin Lessor from exercising any of its rights, such injunction shall automatically terminate this lease. 8. REPAIRS AND MAINTENANCE. Lessee agrees at is expense to keep and maintain the interior of leased premises, including grounds, furnishings, fixtures and personal property, if any, in a good state of repair and condition. Lessee shall comply with any aesthetic standards which the Lessor may subsequently adopt for its leased properties. Lessee agrees at its expense to make all routine repairs to the leased premises, including electrical, plumbing, sewer, sewer conditions, and all other repairs that may be required to be made, excluding structural and air conditioner, and Lessee at its expense will keep the building interior, fixtures and equipment in a good state of repair, in good condition and at all times well painted. Lessee at its expense agrees to deliver to Lessor upon the termination of this lease the entire leased premises in a good state of repair and condition, ordinary wear and tear, and damage by the elements or by fire excepted. Lessee shall, throughout the term of this lease, assume the entire responsibility and shall relieve Lessor from all responsibility for all routine repair and maintenance whatsoever to the premises and for all repairs necessitated by the actions of Lessee, as its agent, servants, employees, customers, patrons or invitees. Lessee shall keep 4 '-' ...., the premises at all times in a clean and orderly condition and appearance and all of Lessee's fixtures, equipment and personal property which are located on any part of the premises which are open or visible to the general public shall likewise be so kept and maintained. Lessee shall be responsible for the routine maintenance and repair of all fuel tanks and utilities service lines that Lessee is using (except common utilities, if any), including, but not limited to, service lines for the supply of water, gas, electricity and telephone service, sanitary sewers and storm sewers. Lessee shall, at all times during the term ofthis lease, take appropriate anti-erosion measures to prevent or restore erosion caused by Lessee, its agents, employees, or sublessees. In the event the Lessee fails in any material respect to so maintain, clean, repair, replace, rebuild the premises within a period of sixty (60) days after notice from Lessor to do so, or fails in any material respect diligently to pursue to completion such repair, replacement, or rebuilding, then Lessor may, at its option, and in addition to any other remedies which may be available to it, repair, replace, or rebuild all or any part of the premises included in such notice, and cost shall be payable by Lessee immediately upon demand of Lessor. 9. SIGNS AND OBSTRUCTION LIGHTS. Lessee shall have the right to erect, maintain or display any signs or any advertising on the exterior of the leased premises or within the leased premises, provided that such signs and advertising comply with all FAA, local government and airport rules, regulations and ordinances. 10. TERM: TERMINATION. The term of this lease shall begin on February 1, 2000, (hereinafter referred to as the "commencement date"), and shall terminate five (5) years from that date. Delivery of the possession of the premises to Lessee shall be made on the date of this Lease. The term ofthis lease may be extended upon the mutual consent of both parties. Either party shall have the right to terminate this lease without cause upon one hundred eighty (180) days prior written 5 '-' ..." notice to the other party. 11. RENT, SECURITY DEPOSIT, RENT CREDIT, AND ANNUAL ADJUSTMENT. Lessee shall pay as rent for the leased premises the sum of two hundred twenty-five and 001100 dollars ($225.00) per month, plus all applicable sales, use, and like taxes. Subject to the rent credit provision set forth below, the monthly rental payments shall be due on the first day of the month. On the commencement date, Lessee shall pay a security deposit in the amount of two hundred twenty-five and 00/100 ($225.00) dollars. Such deposit shall be governed by the procedures set forth in Section 83.49, Florida Statutes. Payment shall be by check made payable to "S1. Lucie County" and delivered to 2300 Virginia Avenue, AdministrationAnnex, Fort Pierce, Florida 34982, or such other location as directed in writing by Lessor. Lessee shall also pay any and all sales tax imposed by federal, state and local governments as a result of this lease or the operation of the leased premises. Beginning upon the commencement of the second year of the Lease and continuing each year thereafter, the Annual Rent shall be adjusted in accordance with the provisions hereinbelow. Said adjustments shall be computed one (1) month prior to the end of the preceding Term, or Renewal Term, as the case may be, with the adjusted Annual Rent to be paid in equal consecutive monthly installments. The adjusted Annual Rent for the applicable Term or Renewal Term shall be determined by multiplying the Annual Rent then in effect for the Term of this Lease by a fraction, the numerator or which is the Consumer Price Index (All Items and Major Group Figures for All Urban Consumers, U. S. City Average 1982-84 = 100, as computed by the United States Department of Labor, Bureau of Labor Statistics) (the "Index"), as ofthree (3) months prior to the expiration of the Term, or the Renewal Term, as the case may be, and the date of commencement ofthis Lease. 6 '-" "'WI Lessor shall provide Lessee with the new Annual Rent amount and Lessor's calculations to arrive at same within ten (10) days following the aforementioned calculation date. If the Lease Term commences on a date other than the first day of a month, Lessee is obligated to advance its first payment of gross monthly rent on a pro-rata basis, computed based upon the number of days remaining the month of commencement divided by the total number of days in the month ofthe Lease's commencement. 12. INSPECTION OF PREMISES. Lessor or its agents shall have the right to enter the leased premises and the buildings and improvements constructed on them at all reasonable business hours on twenty-four (24) hours notice for the purpose of inspecting the same, or for any other purposes not inconsistent with the terms of this lease. Lessor shall use its best efforts to not disturb the rights or business operations of Lessee or of any subtenants or occupants of the premises, except in the event of an emergency. At any time and from time to time during reasonable business hours within six (6) months next preceding the expiration of this lease agreement or immediately upon the determination by Lessor of abandonment or a breach of this lease by Lessee, Lessor shall have the absolute right to enter the premises for the purpose of exhibiting and viewing all parts of the same and to place and maintain on the premises "To Let" signs, which signs Lessee shall allow to remain without interference or hindrance. If, during the last month of the term of this lease agreement, Lessee shall have removed all or substantially all of its property from the premises, Lessor may immediately enter, alter, renovate and redecorate the premises. The exercise of any or all of the foregoing rights by Lessor shall not be construed to be an eviction of Lessee nor shall the same be grounds for any abatement of rental or grounds for any 7 '-' ..." claim or demand for damages by Lessee against Lessor, consequential or otherwise. 13. APPROVAL OF CONSTRUCTION. Prior to any construction upon the premises by Lessee, including any alterations, changes or additions, Lessee shall submit to Lessor complete building plans for such proposed construction, and prior to such construction, the written approval of plans must be given by Lessor and the St. Lucie County Community Development Department which approval will not be unreasonably withheld and any other applicable government or agency. 14. CONDEMNATION. If any part of the Premises shall be taken or condemned for a public or quasi-public use, and a part remains which is susceptible of occupation, the rent payable shall be reduced, commencing with the date title shall vest in the condemnor, to the amount determined by multiplying such rent by a fraction, the numerator of which is the areas of the Premises remaining after condemnation, and the denominator of which is the area of the Premises as of the date of condemnation. If Lessee determines that the remaining portion of the Premises is inadequate for the uses contemplated by this Lease, Lessee shall have the option to terminate this Agreement as of the date when title to the part so condemned vests in the condemnor. If all of the Premises shall be so taken, this Agreement shall terminate on the date when title to the Premises vests in the condemnor. If a part or all of the Premises be so taken or condemned, Lessee shall be entitled to that portion of any award for Lessee's loss of buildings and its furniture and fixtures, the cost of removing its property and the loss of the value of its leasehold interest in the land so taken. In the event of such taking, Lessor shall receive such portion of the award as is attributable to its reversionary fee interest in the land and any improvements comprising the Premises. Any portion of any condemnation award which is not specifically apportioned to Lessee, as aforesaid, shall be and become the property and belong to Lessor. 8 '-' ..., 15. DEF AUL T IN RENT. Lessee agrees promptly to perform, comply with and abide with this lease, and agrees that time of payment and of performance are of the very nature and essence of it. If any sums of money required to be paid by Lessee to Lessor shall remain unpaid for a period often (10) days after its due date and after ten (10) days written notice from Lessor stating that such ten (10) day grace period has expired, then Lessor shall have the following options and privileges: (a) Lessor may declare one (1) year's rental as presently due and payable. Such declaration shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of Lessee to pay rent under the terms of this lease for the period unaffected by the declaration. (b) Lessor may, after notice, terminate the lease. In addition to the options granted above, Lessor may exercise any and all other options available to it, which options may be exercised concurrently or separately with the exercise of the above options. 16. DEF AUL T IN OTHER PROVISIONS. If Lessee shall default in the performance of any other term of this lease (except the payment of rent), then Lessor shall send to Lessee a written notice of default, specifying the nature of the default, and Lessee shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this lease shall continue as before. If Lessee shall fail to cure and remedy such default within the applicable time, Lessor shall have the right to declare, by written notice to Lessee, that the lease is in default, and to use all remedies available to Lessor, including, but not limited to, the default in rent, remedies, procedures and rights specified in subsections 15(a) and 15(b) of this lease. If written notice of the default shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such 9 \wi ...., notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default and does so cure such default, Lessor shall not have the right to declare that lease tenn ended by reason of such default; provided, however, that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the lease tenn ended and enforce all of its rights and remedies under this lease for any other default not so cured. 17. OWNERSHIP AT TERMINATION. All buildings, structures and fixtures of every kind now existing or hereafter erected, installed or placed on the leased premises are the property of Lessor and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. A fixture is defined as an article which was a chattel, but which, by being physically annexed or affixed to the premises by Lessee and incapable of being removed without structural or functional damage to the premises, becomes a part and parcel of it. Nonfixture personally owned by Lessee at the expiration of the tenn or earlier tennination of this lease, for any reason, shall continue to be owned by Lessee, and at the time of such expiration or earlier tennination, Lessee at its option may remove all such personally, provided Lessee is not then in default of any covenant or condition of this lease; otherwise, all such property shall remain on the leased premises until the damages suffered by Lessor from any such default have been ascertained and compensated. Any damage to the premises caused by the removal by Lessee of any such personalty shall be repaired by Lessee forthwith at its expense. 18. INSURANCE. The parties agree to the following provisions pertaining to insurance: (a) Fire and Extended Coverage Lessee shall, at all times during the tenn of this lease and at Lessee's sole 10 '-' ..." expense keep the leased premises insured against loss or damage by fire and hazards customarily insured by extended coverage in an amount greater than or equal to the fair market value of the leased premises. Such insurance shall be obtained from an insurance company licensed and authorized to do business in the State of Florida and shall designate Lessor as an additional named insured. A certificate of such insurance shall be provided by Lessee to Lessor at the time of execution of this lease, specifically providing that the insurance shall not be amended or canceled by the insurer until thirty (30) days advance written notice has been given to Lessor. (b) Worker's Compensation Lessee shall carry, maintain and pay for all necessary workman's compensation insurance in its own name, as required by law. (c) Liability Insurance The Lessee shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or policies of insurance in a company or companies acceptable to the Lessor, protecting and insuring the Lessor against any and all of the foregoing with coverage limits of not less than $500,000 for bodily injury and property damage as a result of any single occurrence concerning Lessee's operation of the leased premises. The described policies of insurance and all renewals of those policies shall be delivered to and held by the Lessor. The insurance policy shall provide Broad Form Comprehensive General Liability coverage and it shall include 11 '-' ~ . personal injury; products and completed operations; and contractual liability specifically insuring this Hold Harmless paragraph. The policy shall further name St. Lucie County as an additional named insured and shall provide a thirty (30) day notice of cancellation or non-renewal and a severability of interest endorsement. A certificate of such insurance shall be provided by Lessee to Lessor at the time of execution of this lease. (d) Damage or Destruction to leased premises Except as otherwise provided in this lease, if the premises or any part of them (including any leasehold improvements), shall be damaged or destroyed, Lessee shall, to the extent of the insurance proceeds available, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall be applied to payment of the expenses of such repair or replacement, and any excess insurance proceeds shall belong to Lessee. Any other terms or provisions of this lease agreement pertaining to repair, alteration, construction or reconstruction by Lessee shall be binding upon Lessee in repairing or reconstructing the leased premises. If such a substantial portion of the leased premises is destroyed so that Lessee determines that Lessee cannot reasonably continue to utilize the leased premises until the same are repaired or replaced, then Lessee may elect to either repair or replace the same, to the extent of the insurance proceeds available, or to abstain from repairing or replacing the same and to terminate this agreement, whereupon any insurance proceeds shall be paid to the holder 12 '-' "WII of any leasehold mortgage which encumbers the leased premises in an amount equal to the outstanding balance of the loan and the balance of such proceeds, if any shall be paid to Lessor. 19. ASSIGNMENT AND SUBLEASING. Lessee may not sublease the leased premises, or any portion of those premises upon prior approval by the Lessor of the form sublease. Lessee shall not assign this agreement without the prior written consent of the Lessor. If Lessee is a corporation, partnership or other type of business entity other than an individual, there shall be no transfer of the control of such business entity without prior approval of Lessor, which approval shall not be umeasonably withheld. A transfer of control of the business entity shall be deemed to occur when the owner(s) of more than fifty percent (50%) of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect a sublease or assignment without Lessor's prior written consent shall be deemed a default subject to the remedies provided herein. 20. NOTICES. All notices required by law and by this lease to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: Lessor: Board of County Commissioners 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With copies to: 81. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 81. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 13 'w' ...,.¡ Lessee: Auto Care Center, Inc. 3151 N. U.S. Highway 1 Fort Pierce, Florida 34946 or to such other address( es) as Lessor or Lessee may designate by writing to the other. The effective date of any notice shall be the date that such notice is received or refused. 21. SEVERABILITY. If any section, subsection, sentence, clause, provision or part of this agreement shall be held invalid for any reason, the remainder of this agreement shall not be affected. 22. LEASE NOT EXCLUSIVE. Any term, provision or condition in this lease to the contrary notwithstanding, it is specifically understood and agreed that this lease is not exclusive, and that Lessor shall be entitled to lease to competitors of Lessee within the Lessor's property. 23. NONDISCRIMINATION. Lessee, in exercising any of the rights or privileges granted to it shall not on the grounds of race, color or national origin discriminate or permit discrimination against any persons or group of persons in any manner prohibited by Part 21 of the Regulations of the Secretary of Transportation. Lessor is granted the right to take such action, anything to the contrary in this lease notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. 24. SUBROGATION. Lessor shall have the option, without waiving or impairing any of its rights, to pay any sum or perform any act required of Lessee, and the amount of any such payment and the value of any such performance, together with interest, shall be secured by this lease, and shall be promptly due and payable to Lessor. 25. STANDARD PROTECTION CLAUSES. Lessor reserves the right to itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in 14 '-' ...., the airspace such noise as may be inherent in the operation of aircraft, now known or later used, for the navigation of or flight in airspace, and for use of airspace for landing on, taking off from or operating on the S1. Lucie County International Airport. Lessee expressly agrees for itself, its successors and assigns to restrict the heights of structures, objects of natural growth or other obstructions on the leased premises, to such a height so as to comply with Federal Aviation Regulations, Part 77, or any other applicable state, federal, or local regulation. Lessee expressly agrees for itself, its successors and assigns to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the S1. Lucie County International Airport, or otherwise constitute an airport hazard. 26. INTEREST. All delinquent payments to Lessor shall bear interest at the rate equivalent to the periodic composite of current annual interest rates on five (5) year United States Government agency issues in effect as of the date of delinquency, but not less than ten (10%) per annum. Such interest shall be calculated from the due date after the expiration of any applicable grace period to the date of payment, on a daily basis, and will be due and payable when billed. 27. FORFEITURE. If Lessee shall fail to keep and perform any of the covenants, conditions, and agreements in this lease provided to be performed by Lessee, and such default is not remedied within the grace period provided elsewhere in this lease, Lessor shall have the right to treat such default as intentional, inexcusable and material, and Lessor, by notice in writing transmitted to Lessee, may at its option declare Lessee's interest under this lease ended and without further force. Thereupon, Lessor is authorized to re-enter and repossess the leased premises, and the buildings, improvements and personal property located on them, either with or without legal process, and Lessee does in such event waive any demand for possession of the property, and agrees to surrender 15 '-' ...., and deliver up the leased premises and property peaceably to Lessor. In the event of such forfeiture, Lessee shall have no claim whatsoever against Lessor by reason of improvements made upon the premises, rents paid, or from any other cause whatsoever. The provisions of this paragraph shall not be construed so as to divest Lessor, in the event of such default, of any legal right or remedy which it may have by statutory or common law, enforceable at law, or in equity. It is intended that the provisions of this paragraph shall afford to lessor a cumulative remedy, in addition to such other remedy or remedies as the law afford a Lessor when the terms of a lease have been breached by a Lessee. 28. NONWAIVER. Failure of Lessor to insist upon the strict performance of any of the covenants, conditions and agreements of this lease in anyone or more instances, shall not be construed as a waiver or relinquishment in the future of such covenants, conditions and agreements. Lessee covenants that no surrender or abandonment of the leased premises or of the remained of the term shall be valid unless accepted by Lessor in writing. Lessor shall be under no duty to relet the premises in the event of an abandonment or surrender or attempted abandonment or attempted abandonment of the leased premises by Lessee. Upon Lessee's abandonment or surrender or attempted abandonment or attempted surrender of the premises, Lessor shall have the right to retake possession of the leased premises or any part of them, and such retaking of possession shall not constitute an acceptance of Lessee's abandonment or surrender. 29. REMOVAL OF LESSEE'S PROPERTY BY LESSOR. If, under the terms of this lease agreement, Lessee is entitled to remove its property from the premises, but shall fail to do so on or before the termination or expiration of the term or on or before the termination or expiration of this lease agreement for any other cause specified herein then Lessor may remove such property and 16 '-' ..." retain the same in its possession, and may sell the same at public auction, the proceeds of which shall be applied first to the expenses of such removal and storage and sale, and the balance paid to Lessee upon the demand of Lessee, providing that the proceeds of such sale exceed the expenses of such removal, storage and sale. 30. QUIET ENJOYMENT. Lessor covenants, warrants and agrees that Lessee shall be entitled peacefully to enjoy, to occupy and to possess the Premises throughoutthe lease term without interference, hindrance or molestation. Wherever this lease requires Lessors consent or approval such consent or approval will not be unreasonably withheld. 31. RIGHT TO RECORD. Lessee shall have the right at its expense, to record this lease in the Public Records of St. Lucie County, Florida. 32. DATE OF THIS AGREEMENT. Any reference in this lease to the words "date of this agreement" or "date ofthis lease" shall be deemed to be the date this lease is executed by the party last executing same. 33. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written Agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. Any conflicts between exhibits to this Agreement and this Agreement, shall be interpreted in favor of this Agreement. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern 17 '-' ...." oJ District of Florida for any claims which are justiciable in federal court. 34. VENUE. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed Issue. (Remainder of page intentionally left blank.) 18 '-' ...., c j IN WITNESS WHEREOF, Lessee has executed this Lease Agreement on this day of ,2000. ATTEST: AUTO CARE CENTER, INC. BY: SECRETARY PRESIDENT (SEAL) COUNTY OF ) ) ss ) STATE OF FLORIDA BEFORE ME, the undersigned authority, personally appeared and , President and Secretary of Auto Care Center, Inc. respectively, duly sworn, deposes and says that he/she has read and executed the foregoing instrument and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed on this _ day of ,2000. Notary Public State of Florida My Commission Expires: (Notary Seal) Personally Known _ Produced Identification _ Type of Identification Produced: 19 ~ ..., 1 . . IN WITNESS WHEREOF, Lessor has executed this Lease Agreement on this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY STATE OF FLORIDA ) ) ss COUNTY OF ST. LUCIE) BEFORE ME, the undersigned authority, personally appeared PAULA A. LEWIS, chairman of the St. Lucie County Board of County Commissioners, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that she executed said instrument for the purposes therein expressed on this _ day of ,2000. Notary Public State of Florida My Commission Expires: (Notary Seal) Personally Known _ Produced Identification - Type of Identification Produced: G:IAGREEMN1\LEASEIAUTO,CARE,CTR.WPD 20 '-' ...", .... . ) EXHIBIT "A" LEGAL DESCRIPTION OF LEASED PREMISES Parcel 206 - 3175 North U.S. Highway 1 From the intersection the North line of Lot 9, Russell's Estate, Section 28, Township 34 South, Range 40 East, as in Plat Book 1, Page 7, Public Records of S1. Lucie County, Florida, and the Westerly right-of-way line of U.S. Highway No. 1 (200' r/w), run Southeasterly along said Westerly r/w line 107' to Point of Beginning. From said Point of Beginning continue Southeasterly 75' to a point; thence on a back angle of 88° 4' run Southwesterly 141.6' to the Easterly r/w line of Ridgehaven Road (66' r/w); thence run Northwesterly along said Easterly r/w line 992' to a point; thence run Northeasterly 150.2' more or less to point of beginning. Contains approximately .27 acres. Parcel 207 - 3163 North U.S. Highway 1 From the intersection the North line of Lot 9, Russell's Estate, Section 28, township 34 South, Range 40 East, as in Plat Book 1, Page 7, Public Records of St. Lucie County, Florida, and the Westerly right-of-way line of North U.S. Highway 1, (200' r/wf), run Southeasterly along said Westerly r/w line 107' to Point of Beginning. From said Point of Beginning continue Southeasterly 75' to a point; thence on a back angle of 88° 4' run Southwesterly 141.6' to the Easterly r/w line of Ridgehaven Road (66' r/w); thence run Northwesterly along said Easterly r/w line 992' to a point; thence run Northeasterly 150.2' more or less to point of beginning. Contains approximately .24 acres. 21 / .".,' '-' '..,/ \ Amended ITEM NO. C-11 DATE: January 25, 1999 REGULAR [ PUBLIC HEARING [ ] CONSENT [ XX ] AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Joseph D. Finnegan SUBMITTED BY (DEPT) : Human Resources/Risk Management SUBJECT: New position Specialist. - Safet OSHA BACKGROUND: Due to the limited administrative and financial resources, Human Resources/Risk Management has not been able to staff the needed positions for Risk Management. Due to continual demands and government requirements additional staff is required. The plan is to hire, effective 4-1-00,.one Risk Management Specialist. FUNDS AVAIL. : Funds will be made available in 505001-1905-512000-100 (Various) . PREVIOUS ACTION: N/A RECOMMENDATION: The staff recommends approval of the resolution to establish one positions within HR/RM, Risk Management Specialist, funded by TRICO's contribution reduction in debit reduction allocation and position Requisition #s RISKOO-034. [ X ] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: originating Dept. Review and Approvals County Attorney: Management & BUdge~ purchasing: Other: Other: Eff. 5/96 if applicable)___ , CI) ~ W Zo 00 - I Cl)0) Cl)0) -0) :æ.....o :æ~o O<c~ U W ~ ~~~ Z<c~ ::JU<c OCl)::J UÜ:Z LL~<C 00" eLLW ~........ <CCI)<c OWe m::J<c ~ge Z~Z ::JZW OOe!) u¡:::<c W- _tJ) uO ::JD. ...I ~ tJ) "" ~;~mm -- tt¡¡ I mmr :¡:~:¡:¡:¡ illlll\l\ I -. ¡¡¡j~~jj¡ c:: a j:..¡' :11 a 11111 " ~ UJ C1) CI) ::::::::~ 0. S .......... 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CI) (/) 0 ~ C1) :r: ã: ã: I .E: .!!2 ~ . :::::::::: ... ::::::;::: w .:-: -I W Z ... ø ::::~::;: 0 Z :::::::::: ¡:: C ;::::::::: ¡:: W ::J ¡j~¡~~~¡~ c:( ~ Z (/) ea ... z 0 ).: ... ~~~¡~1~1~ CJ 0:: 0 IIIII E 0:: u: -I u: c:( ëñ c:( w c:( ¡¡tr ¡:: n. :> (/) -I Z ... :.:.:.:.:. (/) W 0 c:( W 0 ~~};¡~ ::J ,..,. ;::; ~ tf' [Q ... :::::::::: ., ...., o Q o t:: C c c ,.... è c c C\ ,.... I() Lb c 0) ,.... I ,.... C C I() C I() ~ ... Z ::J o CJ CJ ~ "t- C") o I C C ~ (/) ã: ~ a w 0:: Z o E (/) o n. · . '-' ...., RISK MANAGEMENT SPECIALIST NATURE OF WORKS Under the administrative direction of the Human Resources I Risk Manager, performs highly responsible technical and administrative work in providing assistance to participants of the County's risk management programs. Work involves interacting with providers, third party administrators (TPA), workers compensation, safety and OSHA programs in order to assure prompt and accurate service and responsive problem resolution. Work is carried out with considerable technical independence. Work is reviewed through observation, conferences, reports and for results obtained. ILLUSTRATIVE EXAMPLES OF WORK Provides information to employees regarding each of the parts of the programs. Handles employee walk-in questions and claims problems. Serves as ombudsman between group members, third party administrators and service providers in settlement of claims. Speaks at employee meetings, orientations and processes all enrollment applications. Receives phone calls and responds to inquiries regarding program execution. Establishes and oversees the maintenance of records of the and submits report to appropriate administrators. Inputs employee data to update employee files for storage, personal computer usage and monthly reports. Prepares listing of employees to the various County finance departments, relating to activities under the programs, Receives audit and verifies invoices from third part administrators; maintains records on all expenditures for loss control. Reviews information and recommendations in the negotiations of all insurance renewals including rates, terms, and deductibles. " . W' ...." Make recommendations regarding changes in benefits, records, policies or procedures which would benefit the County and/or employees. Answers inquiries from current and retired employees regarding the self-insured County plans. Processes appropriate insurance paperwork upon retirement or death employee. KNOWLEDGE, SKILLS. AND ABILITIES Knowledge of the principles and practices of safety, OSHA and Worker's Compensation. Knowledge of services and benefits provided to County employees. Knowledge of procedures for filing insurance claims. Ability to deal effectively with department heads, elected officials, employees and the general public. Ability to understand and interpret policies, rules, regulations and procedures, Ability to communicate orally and in writing effectively. Ability to keep accurate and thorough records. Thorough knowledge of computers. TYPICAL PHYSICAL DEMANDS Light physical work with occasional lifting. Constant sitting, typing, CRT, attention to detail, speaking, hearing, detailed inspection, reading, editing. Very frequent writing. TYPICAL WORKING CONDITIONS Normal office atmosphere with constant sustained positions. ; . .., ..., TRAINING AND EXPERIENCE.. Graduation from a standard high school or vocational school with considerable work experience with group health benefit programs. Issued: 1/00 '" , .,';' :~..;:: ..", '-" AGENDA REQUEST ITEM NO. /;(1 DATE: January 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department William R. Blazak SUBJECT: permission to apply for an additional grant to the Water Advisory panel for the construction of a force main and master pump station. The line will be constructed in North County and connect to the Holiday Pines system. The amount of the request will be $ 506,316.00 FUNDS AVAIL.: TBA - No matching funds required for this grant. PREVIOUS ACTION: BOCC granted permission to apply for various grants to the Water Advisory Panel for other projects within St. Lucie County. RECOMMENDATION: Staff recommends that the Board grant permission to COMMISSION ACTION: [ X] [ ] APPROVED OTHER: DENIED the grant. County Attorney:X ... ¡¡ ¡ç{t-z1;J1 / Or~g~nat:Lng Dept:X ItYJ t'j V Other: Finance Director: (Cneck fOfjCOPY only, if applicable) ý derson Administrator Mgt. & Budget: Purchasing Coordination Other: Eff. 5/96 ~ - ...., BOARD OF COUNTY COMMISSIONERS UTILITIES & RECYCLING DEPARTMENT WILLIAM ßLAZAK DIP-EGOP- MEMORANDUM TO: Board of County Commissioners fi William Blazak, Utility Director L~(;J L FROM: DATE: January 25, 2000 RE: Grant Application Back2round: Utility staff has been working with our local Department of Environmental Protection (DEP) office to try to connect a small utility system located in the Northern part of St. Lucie County. Orchid Acres Mobile Home Park currently operates a package wastewater treatment facility that has violated the DEP rules numerous times over the past several years. The facility has discharged effluent into the Savannas on numerous occasions and is not capàble of handling the daily flows of wastewater generated on-site. . Utilities has spoken with the owner on several occasions and been working with the DEP office trying to resolve the problem. The grant application would cover the cost of construction for a new eight inch force main and master pump station that would provide wastewater service to Orchid Acres and eliminate the package wastewater plant. A new master pump station would be constructed on property adjacent to the Orchid Acres Mobile Home Park and the new force main would convey the sewage to the existing treatment facilities that the County currently owns at Holiday Pines. In addition to providing wastewater service to Orchid Acres, the master pump station would have sufficient capacity to serve the surrounding area homes and businesses and reduce discharges to the Savannas and ultimately the Indian River Lagoon. The owners / residents of Orchid Acres would still be responsible for anyon-site construction that would be required to connect to the new pump station as well as any related charges associated with the physical connection to the County System. The amount of the grant request is $506, 316.00. RECOMMENDATION: Staff recommends that the Board grant permission to apply for the grant. JOHN D, ßRUHN, District No.1· DOUG COWARD, District No, 2 . PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON, District No.4. CLIFF ßARNES, District No.5 County Administrator - Douglos M. Anderson 2300 Virginia Avenue " Fort Pierce, FL 34982 · Phone (561 ) 462-1150 . FAX (561) 462-1153 ~~-, .." , '-" St. Lucie County Holiday Pines Pump Station and Force Main Estimate Item Quantitv Unit Cost/Unit Est.Cost 8-inch PVC force main pipe C-900 - compression 8000 LF $18 $144,000 8-inch PVC force main pipe C-900 - restrained 200 LF $22 $4,400 Wastewater air release valves 10 EA $3,500 $35,000 Fittings 2 TN $3,500 $7,000 8-inch plug valves 4 EA $1,500 $6,000 Concrete pads 4 EA $150 $600 Pavement replacement 100 LF $25 $2,500 Asphalt over1ay 1000 SF $5 $5,000 Miscellaneous concrete 5 CY $200 $1,000 Triplex Pump Station 1 LS $180,000 $180,000 SLC Building Department Fees 1 LS $750 $750 Mobilization/Demobilization 1 LS $10,000 $10,000 Bond 1 LS $4,000 $4,000 Subtotal $400,250 Contingency (10%) $40,025 : . Total Construction Estimate $440,275 Engineering/Construction Services (15%) $66,041 , Total Proiect Estimate $506,316 , 5618717666 FLORIDA DEP/PSL PAGE 02 ,. wi'J [; , .' "<0' !) I (I ¿ ~ '-department of .' ""'" ; . Environmental Protection Jeb BU$h . Go~ernor Southeast District P.O, 80)( 15425 West Palm Beach. Florida 33416 DavId S. SU'Uh$ Secrl!!Qry DEC 0 9 1999 Mr. Paul Badamo Orchid Acres Mobile Home Park, Inc. 6545 North US 1 Fort Pierce, FL 34946 Dear Mr. Badamo: The Governor has asked that I respond to your letter of October 27, 1999, regarding Orchid Acres Mobile Home Park. Although I understand your frustrations, you must understand that this facility has been in violation of Department roles and Florida Statutes for the past several years. The percolation pond has had multiple effluent discharges through the emergency overflow' dischàrge pipe and seepage continues through the pond's bem. As a result, there exists a health hazard for park residents and potential environmental impacts to the Savannas, the adjac.ent wetland system. In additioJ1, flows to the sewage system have and continue to exceed the design capacity. No sj'gnificant attempt has been made to provide any kind of relief for the failing. percolation ponds, despite recommendations from both Department staff and the Orchid Acres Project Engineer to provide flow reduction by repairing or replacing the existing collection system. . After several meetings, a resolution has not yet been obtained. Engineering evaluations and corrective action proposals submitted by the project engineer were reviewed by,he Department and found to be insufficient because they do not provide reasonable assurance that the facility can operate in accordance with Department rules or Florida Statutes. It appears at this time that connection to a regional facility is the only viable option explored. Any agreement between the Department and Orchid Acres must reference the requirement to connect to a regional system, if other corrective actions cannot bring the facility into compliance within a specified time period. A Consent Order without this provision, clearly stated, is unacceptable to the Department. We have enclosed another copy of the Consent Order previously sent to you October 20, 1999, which we feel ¡:¡dequately and fairly addresses this facility's issues ofnol1compliaT1ce, Your failure to sign and return this Cnnsent Order immediately upon your receipt of this Jetter will indicate your unwillingness to enter into a Consent Order and will leave the "More Protection, Less Process" "ri"'cd Oft recycled þ"pe/, 01/20/2000 15:10 5618717666 FLORIDA DEP IPSL PAGE 03 i , . . Paul Badamo(ð '-" Orchid Acres Wastewah.. freãtment Facility Page Two ~",~ -'-"F~">-"'~ ..." Department with no alternative but to pursue other available legal recourses. Please note , that if tbe Department does proceed with court action, all previous agreements including penalty reductions will be null and void. Additionally, the Department will seek penalties in the amount of$10,000.00 per day per violation, Please be aware that during the interim, it is the responsibility of the Orchid Acres management to assure that the facility remåin in compliànce with all of the rules and regulations of the state pertaining to wastewater treatment facHities. Inunediate steps should be taken to eliminate any unpermitted discharges. Should you have any questions regarding this matter, please contact Brad Russell of this office at (561) 681·6684. Thank you for your cooperation in this matter. Sincerely, ( A..J ~ . :(f~_/. I '--"/~~ 12(1/1:/1 Melissa L. Meeker Date Director of District Management Southeast District cc: Tþe Honorable Jeb Bush, Governor, State of Florida Larry Morgan, DEP Office of General Counsel Steve Deutsch, Orchid Acres Mobile Home Park Warren H. Spurge II, Spurge & Associates. Inc. DEP PSL Domestic Wastewater ComplianceÆnforcement ~. LUCIE COUNTY ..", MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA January 25, 2000 1. MINUTES Approve the minutes of the meeting held January 11,2000. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 16 aDd No. 17 2. MANAGEMENT AND BUDGET NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record ofthe proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ..... ".I ".I 0 ,þ. ~ to:! ..... IJ1 ~ "- ..... '-' w ~ ( ) "- 0 ::ø 0 ~ 1-:3 0 H III 1-:3 ~ t' lzJ .... IT 0 ".I ¡:: ::1 p" ~ g m 1-:3 t' t' H ~ Ci) m 0 ~ Ii H lzJ ~~ 0 0 1-:3 ~ 0 1-:3 mo ~ !¿ t< t<~ tII 0 IN g; 0 ~o t 00 IJ1 IJ1 m 0 0 lzJ 101-:3 . . >< ~O ( ) ( ) 'cJ H ..., ..., lzJ 1-:3..... ,þ. ,þ. Z O,þ. m I ..... ..... lzJ ~ \D \D m I N 0 0 0 'cJ ~ 0 0 ::ø 'cJ 0 )0 0 0 t' Ci) 0 0 t' lzJ ..... \ I ~ AGENDA REQUEST ...." ITEM NO. C-2 1 DATE: January 25, 1999 REGULAR [] PUBLIC HEARING [ ] CONSENT [X ] TO: St. Lucie County Mosquito Control District Board SUBMITTED BY: SUBJECT: BACKGROUND: OMB PRESENTED BY: Harvey M. Lincoln Approval of Budget Resolution 00-01 for the Pepper Park Addition Grant awarded by the Florida Communities Trust and Budget Amendment # 00-111. On 12/30/99 St. Lucie County BOCC received a $550,000 grant award for the acquisition of the Pepper Park Addition. St. Lucie Mosquito District will take care of fiscal administration of this grant due to the fact that the required local match of $50,000 was included in the District's FYOO budget. In addition, $65,000 was borrowed from the District's Contingency funds in order to accommodate the acquisition of the first parcel of this project. Budget Amendment # 00-111 will repay that loan from the newly awarded grant funds. FUNDS WILL BE AVAILABLE: 145201-6230-334393-465015 FCT Pepper Park Addition Grant PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Mosquito Control District Board approve Budget Resolution #00-01 to appropriate and expend the funds from the Pepper Park Addition Grant award and Budget Amendment #00-111 to repay $65,000 short-term loan to the District's Contingency account from the grant funds. COMMISSION ACTION: NCE: [X] APPROVED [] DENIED [ ] OTHER: County Attorney: XX Originating Dept: ./ oug nderson County Administrator fJ/ 1->1 Management & Budget: XX I V Purchasing: Other: Public Works: Finance: (Check for Copy only, if applicable) XX G:\BUDGE1\WP\AGENDA'S\AgendaOOI\ '25JvIs<L Grant wpd ~ .."" . RESOLUTION NO. 00-01 WHEREAS, subsequent to the adoption of the St. Lucie County Mosquito Control District Board budget, certain funds not anticipated at the time of adoption of the budget have become available in a form of a $550,000 Pepper Park Addition Grant awarded by the Florida Communities Trust. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of the St. Lucie County Mosquito Control District Board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Mosquito Control District Board of St. Lucie County, Florida, in meeting assembled this 25th of January, 2000, pursuant to Section 129,06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-00, and the District's budget is hereby amended as follows: REVENUES 145201-6230-334393-465015 Florida Communities Trust $550,000 APPROPRIATIONS 145201-6230-561000-465015 145201-6230-561001-465015 145201-6230-561002-465015 145201-6230-561003-465015 145201-6230-561028-465015 Land Land-Appraisals Land-Abstract & Title Land-Survey Land-Environmental $445,000 $20,000 $20,000 $50,000 $15,000 After motion and second the vote on this resolution was as follows: Commissioner Cliff Barnes Commissioner Frannie Hutchinson Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 25TH OF JANUARY, 2000. A TIEST: MOSQUITO CONTROL DISTRICT BOARD ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY A TIORNEY G:\BUDGE1\WPIAGENDA'SlAgendaOOI\ '25tv1s'L Grant wpd BUD~~TAMENDMENTREQUESTFORV ~ ..., REQUESTING DEPARTMENT: Mosquito District PREPARED DATE: AGENDA DATE: January 19, 2000 January 25, 2000 TO: 145-9910-599100-800 Contingency $65,000 FROM: 145201-6230-561000-465015 Land $65,000 REASON FOR BUDGET AMENDMENT: To repay $65,000 short-term loan that was approved on 10/12/99 in order to accomodate acquisition of the first parcel included in the Pepper Park Addition Grant. Grant award contract has been fully executed on 12/30/99, CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: $9,186 $65,000 $74,186 OMB APPROVAL: r , 0:-01c--Z DEPARTMENT APPROVAL: BUDGET AMENDMENT #: 00-111 DOCUMENT # & INPUT BY: G:\BUDGET\QUA TTRO\GENERAL \FORMS\AMENDMOO. wb301/19/00