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Agenda Packet 03-14-00
~ ~1r,,. March 14, 2000 9:00 A.M. BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rp iOT to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meet6 g 46211428 at leash forty e ght(48) hours~prior t the meeMmgager at (561) 462- 1777 or TDD (5 ) i ~1r/ aOARD OF COUNTY COMMISSIONERS www.stlucieco.gov AGENDA March 14, 2000 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE I`` l;. MINUTES John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 Approve the minutes of the meeting held March 7, 2000 2. PROCLAMATION/PRESENTATION ppproV~, ~ A. Karen Knapp, President of the United Way of St. Lucie County will present St. Lucie County Administration with an "Endowment Challenge Match Superstar 1999-2000" award. ~.~Q, ~ ~, ~(1P~(~(}~ B. Resolution No. 00-62 -Proclaiming the week of March 19, 2000 through March 26, 2000 as "JUVENILE JUSTICE WEEK" in St. cie C u y, Florida. C. 1999 Employee of the Year -The Board will present a tiara Meinhardt, of Public Works, with an award for the "Employee of the Year" for 1999. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ~1~'J~pJ~i ~-O 5. LEISURE SERVICES A. FIND Property on County Line Road -Consider staff recommendation to approve the Find Property on County Line Road for passive recreational use. ~~ 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 repcord of the proceedings andyfor such purpose may need to ensure that a verbatim record of the proceedings is arte~to the proceedgngs wi I be prented the oprporturiltysto coo ~-examine any during a hearin will be sworn in. Any p y individual testi>gying during a hearing upon request. Anyone.with a disa ility re wiring 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 'rr+' REGULAR AGENDA MARCH 14, 2000 PAGE TWO 5. LEISURE SERVICES (CONTINUED) B. Permission to Advertise for Bids -Consider staff recommendation to approve the request for permission to advertise for bids for the Civic Center message sign, permission to purchase the sign with Contingency Funds, and approval of the project. ~~~~~~~ ~~ 6. AIRPORT Lease Agreement -Consider staff recommendation to accept the bid from Eric Jones, owner of Auto Care Center and authorize the Chairman to sign the Lease Agreement to lease two parcels in the Ridgehaven Subdivision (one at 3175 North US Highway 1 and the other parcel 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 accept the payment of $200 for previous use of the property. 7. COUNTY ATTORNEY ~Qr~~9 ° J ~ ~ Permission to Advertise for a Public Hearing -Consider staff recommendation to approve the request for permission to advertise for a public hearing for the St. Lucie County, Florida -Florida Power & Light Company Bond Refunding. p(xo ~~- e 5 -O ~u~ss$ U~ Publ~Nearu~ /In~pPn L'~ CONSENT AGENDA March 14. 2000 ;'1, WARRANTS LIST Approve warrants list~No. 24 2. PUBLIC WORKS A. Work Authorization No.13 -Consider staff recommendation to approve the work authorization with LBF&H, Inc. to complete the design and permitting of the intersection improvements for the intersection of Midway Road and Glades Cut Off in the amount of $77,585, authorize the Chairman to sign the work authorization as prepared by the County Attorney, and authorize the termination of the original Assignment Authorization with LBF&H, Inc. for this project dated October 10, 1995. B. Road & Bridge tDol adado t the Resolution estabh ~hing the exist ng traffic recommendation p circle on Evergreen Avenue in Harmony Heights as a one way road. C. Resolution No. 00-59 /Roadway Lighting System and Maintenance Agreement -Consider staff recommendation to approve the resolution authorizing the Chairman to execute the Roadway Lighting System Maintenance Agreement as approved by the County Attorney. D. Equipment Request No. EQ00-204 and EQ00-203 - Consider staff recommendation to approve the equipment requests to purchase a 60" Dixie Chopper Mower in the amount of $7,864 and 6' x 10' Trailer in the amount of $800 for Road & Bridge. E. Budget Amendment No. 00-120 -Consider staff recommendation to approve the budget amendment to transfer $10,14 5 from Transportation Trust Local Option Contingency to FEC Materials to fund the rebuilding of the Rouse Road Railroad Crossing. F. Solid Waste /Public Notice for the Solid Waste Full Cost Accounting for Fiscal Year 1998-1999 -Consider staff recommendation to authorize the Solid Waste Division to publish in a newspaper of general circulation, as required, the Solid Waste Full Cost Accounting Report for Fiscal Year 1998- - 1999. G. Engineering /River Branch Estates M.S.B.U. / Interlocal Agreement - Consider staff recommendation to approve the Interlocal Agreement with the City of Port St. Lucie to provide potable water to the River Branch Estates Subdivision and authorize the Chairman to sign the agreement. 3. COMMUNITY DEVELOPMENT Final Plat Approval of the Midway Industrial Park Unit No. 1 -Consider staff recommendation to approve the Final Plat of the Midway Industrial Park -Unit No. 1, and authorize the Chairman to complete the execution of these documents. V CONSENT AGENDA MARCH 14, 2000 PAGE TWO 4. LEISURE SERVICES A. Senior Citizen Discount -Consider staff recommendation to approve a one dollar ($1.00) discount per ticket for senior citizens aged 65 and older for all County sponsored (excluding New York/St. Lucie Mets) ball games and recreational events. B. Contract Approval -Consider staff recommendation to approve the contract between the Youth Coalition and the St. Lucie Chamber Foundation for a donation in the amount of $2,000 to be used for education and literacy. C. ContractAmendment -Consider staff recommendation to approve the First Amendment to the contract with Florida Scientific Industries d.b.a Pipeline Energy for the electrical upgrade at the Savannas Recreation Area and authorize the Chairman to sign the amendment. D. Budget Resolution No. 00-65 -Consider staff recommendation to approve the budget resolution, to accept the $500 donation for the South County Regional Sports Complex from Florida Power and Light and authorize the Chairman to sign the letter of appreciation. E. Blind Creek Park -Ocean to River /Grant Acceptance -Consider staff recommendation to accept grant funds totaling $35,000 from the Florida Department of Environmental Protection's Upland Invasive Plant Management Program, and authorize the Chairman to execute a Memorandum of Understanding with FDEP, pending County Attorney review and approval. 5. UTILITIES /RECYCLING A. Agreement Amendment -Consider staff recommendation to approve the first amendment to the agreement by and between Lakewood Park Congregation of Jehovah's Witness and St. Lucie County for an increase of a water line size from 6" to 8" and payment to the developer in the amount - of $5,270. B. Budget Amendment No. 00-121 and Equipment Request No. 00-205 - Consider staff recommendation to approve the budget amendment and equipment request to purchase and install a Nove114.11 Server from the St. Lucie County Information Technology Department in the amount of $3,500. C. Budget Amendment No. 00-122 and Equipment Request No. 00-206 - Consider staff recommendation to approve the purchase of a control panel to replace an existing panel on North Hutchinson Island from F.J. Nugent and Associates in the amount of $5,750. CONSENT AGENDA MARCH 14, 2000 PAGE THREE 5. UTILITIES /RECYCLING (CONTINUED) r.r+r D. Budget Amendment No. 00-123 and Equipment Request No. 00-207 - Considerstaff recommendation to approve the purchase of two submersible pumps for replacement of existing pumps on North Hutchinson Island from F.J. Nugent & Associates in the amount of $6,018. E. Contract Extension -Consider staff recommendation to approve the contract extensions until June 30, 2000 for LBF&H, Inc. (C96-09-719) and Camp Dresser & McKee (C96-09-717) for projects currently in progress. F. Contract Approval -Consider staff recommendation to approve the five contracts with LBF&H, Inc., Camp Dresser & McKee, Inc., Mastellar & Moler, Inc., Inwood Engineering, Inc., and PBS&J, Inc. for general engineering services and authorize the Chairman to sign the agreements. 6. MANAGEMENT AND BUDGET A. Budget Resolution No. 00-64 / Permission to Advertise for a Public Hearing - Consider staff recommendation to approve the request to advertise for a public hearing for the acceptance of the Local Law Enforcement Block Grant and the budget resolution to increase the Fine and Forfeiture Fund in the amount of $58,870. B. Early Redemption of Special Assessment Bonds, Series 1997 -Consider staff recommendation to approve the early redemption, at par, of a portion of the outstanding balance of the $132,000 St. Lucie County, Florida Special Assessment Bonds, Series 1997 (Driftwood Manor M.S.B.U.). Specifically, $9,000 in bonds maturing October 1, 2000 and $5,000 of those maturing October 1,2001. C. Approval of New Interest Rate for Sun Trust 800MHz Loan -Consider staff recommendation to approve using the adjustable 30-day LIBOR option as the interest rate adjustment to be applied to the $7,300,000 Public Improvement Revenue Note, Series 1998 with Sun Trust Bank. Consider staff recommendation to authorize the Interim Office of Management and Budget Manager to sign the attached letter and return it to Sun Trust Bank. ` D: Budget Amendment No. 00-118 /Permission to Advertise for a Pub is Hearing -Consider staff recommendation to approve the request to advertise for a public hearing for the budget amendment to transfer the Dune Restoration Grant Project from the Mosquito Control budget to the Leisure Services St. Lucie County General Fund budget. ~.r CONSENT AGENDA MARCH 14, 2000 PAGE FOUR 6. MANAGEMENT AND BUDGET(CONTINUED) ~' E. Early Redemption of Special Assessment Improvement Bonds, Series 1996 - Consider staff recommendation to approve the early redemption, at par, of a portion of the outstanding balance of the $1,860,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1996 (Becker Road M.S.B.U.). Specifically, all bonds scheduled to mature during the period of November 1, 2003 through November 1, 2006 plus $45,000 of those due to mature November 1, 2007. Early redemption of these bonds will take place on May 1, 2000. F. Early Redemption of Special Assessment Improvement Bonds, Series 1998 - Consider staff recommendation to approve the early redemption, at par, of a portion of the outstanding balance of the $14,920,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1998 (South Hutchinson Island Wastewater System). Specifically, the remaining bonds scheduled to mature November 1, 2002 and all of the bonds due to mature November 1, 2003. Early redemption of these bonds will take place on May 1, 2000. G. Early Redemption of Special Assessment Improvement Bonds, Series 1998A -Consider staff recommendation to approve the early redemption, at par, of a portion of the outstanding balance of the $910,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1998A (South Hutchinson Island -North District Wastewater System). Specifically, the remaining bonds scheduled to mature during the period of November 1, 2000 through November 1, 2007 inclusive. Early redemption of these bonds will take place on May 1, 2000. H. Budget Resolution No. 99-284 and No. 00-44 / Correction of Scrivener Error in Fund and Organization Number -Consider staff recommendation to approve the revised budget resolutions correcting scrivener's error in the fund and organization numbers. 7. PURCHASING A. Award of Bid No. 00-014 / Sagamore Waterway Maintenance Dredging - Consider staff recommendation to award the bid for the maintenance dredging of the Sagamore Waterway to Ludlum Construction Company, Inc. in the amount of $20,000, approve the project budget as stated on the Division of Engineering memorandum No. 00-35, and authorize the Chairman to sign the contract as prepared by the County Attorney. B. "Piggy-Back" the Fort Pierce Utilities Authority Maintenance Contract - Consider staff recommendation to approve the request for permission to "piggy-back" the Fort Pierce Utilities Authority Maintenance Contract. C. Hurricane Iren n&oFaoYdove the EmergencyapurcOhase Orders is uedtfor recommendatio pp Hurricane Irene and Hurricane Floyd. CONSENT AGENDA MARCH 14, 2000 PAGE FIVE 7. PURCHASING (CONTINUED) D. Bid No. 00-015 / Re-tile Bathrooms in the Roger Poitras Annex -Consider staff recommendation to approve the bid waiver and award for the re-tiling of the bathroom in the Roger Poitras Annex to Target Tile in the amount of $18,000 and authorize the Chairman to sign the contract as prepared by the County Attorney. E. Permission to Advertise -Consider staff recommendation to approve the request for permission to advertise for bids for the replacement of Civic Center doors. 8. INFORMATION TECHNOLOGY Agreement Approval -Consider staff recommendation to approve the Supplement to the H.T.E., Inc. Software License and Services Agreement. 9. COUNTY ATTORNEY A. Indrio North Savannas / DoCouto Parcel 69 - Consider staff recommendation to approve the Option Agreement for Parce169, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the document in the Public Records of St. Lucie County, Florida. B. YMCA of St. Lucie County, Inc. Contract/ Contract for Dragging Baseball Fields -Consider staff recommendation to approve the proposed contract with the YMCA of St. Lucie County, Inc., and authorize the Chairman to sign the contract upon receipt of the signed originals from the YMCA. 10. AIRPORT A. Contract Approval -Consider staff recommendation to approve the contract with RCD Construction in the amount of $63,800 for the Phoenix Metal Products Building at the Airport Industrial Park and authorize the Chairman to sign the contract. B. Joint Participation Agreement / Resolution No. 00-060 /Budget Resolution No. 00-061 - Consider staff recommendation to approve the Joint Participation Agreement (JPA) between the Florida Department of Transportation (FDOT) and authorize the Chairman to execute the JPA. Consider staff recommendation to approve Resolution No. 00-060 authorizing the Board to accept the grant from FDOT, and approve Budget Resolution No. 00-061 authorizing the Board to appropriate and expend the grant funds. ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA March 14, 2000 1. MINUTES Approve the minutes of the meeting held March 7, 2000. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA ~~~a~'~-1 1. WARRANTS LISTS Approve Warrants List No. 24 2. MOS UIO TO CONTROL ~ pr~cC~ Acceptance of a SWI2 ~o ~ idernstaff recommendation t aacceptlthe grantB ndthe Resolution No. 00 0 amount of $50,000,Contract No. C-11482,rand aapprove the budgehresolurion. ater Management Dis 3. MANAGEMENT AND BUDGET Budget Amendment No. 00-118 /Permission to Advertise for a Public Hearing - Consider staff recommendation to approve the request to advertise for a public hearing for the budget amendm~ to t e Leisure Services St. Lucie County General Fund budget Mosquito Control budge NOTICE: All proceedings before this Board are electronically recorded. Any person who decides tosepma need action taken by the Board at these meetings will need a record of the proceedings and for asruc to hP proceedings, to ensure that a verbatim record of the proceedings is made. Upon the to thetp oceedings will be granted an individuals testifying during a hearing will be sworn in. Any party 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 bTanager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ST. LUCIE COUNTY EROSION DISTRICT BOARD OF COMMISSIONERS John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA March 14, 2000 1. MINUTES 'J,~ A rove the minutes of the meeting held February 1, 2000 ~~~~` PP 2. GENERAL PUBLIC COMMENT 3. COUNTY ATTORNEY Resolution No. 00-01 /Erosion Control Bonds -Sinking Fund Monies -Consider staff recommendation to adopt Resolution No. 00-01. CONSENT AGENDA 1. WARRANTS LISTS n Approve Warrants List No. 19 through No. 24 ~~~~ NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 7, 2000 Convened: 4:00 p.m. Tape: 1-3 Adjourned: 9:30 p.m. Commissioners Present: Chairman, John D. Bruhn, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Cliff Barnes 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, Jim David, Mosquito Control Director, Don West, County Engineer, Jack Southard, Public Safety Director, Charles Bicht, Purchasing Manager, David Kelly, Planning Manager, Beth Ryder, Community Services Manager, A. Millie Delgado, Deputy Clerk PRESENTATION (Tape 1) A presentation was given by Black and Veach Engineers on Sediment Dewatering and Dredging. Mr. Mike Hodges and Dave Alexander representing the from, addressed questions from the Board and the public. Mr. Hodges stated the firm would need to return to the site and take samples in order to provide a cost for the project. Operations would need to be stationed at least one to a one and one half mile radius of where the dredging operation will occur, setting up'in an area where it maybe shrouded with trees or shrubs to minimize noise and lights if operations are to take place at night. Mr. Hodges advised the Board that if the material does not flockulate, then they could not help the county. However, from the information sent to them at this point, they do not see a problem. Mr. Hodges stated they would know at no cost to the county, if the technology has a good fit in this area. He also informed the Board that if the material is stock piled, and heavy equipment is being utilized to move or load trucks, there will be rutts in the ground and it will be muddy and messy should there be a lot of rain. However, he felt that a contained area would suffer much more damaging affects than his process. Mr. Mike Kelly, BCI representative advised the Board that the navigation channel is approximately 500 ft. for the Marina area, however, they are still investigating the upper reaches as far as it could be one to two miles up into the creek. Mr. John Arena, resident, questioned if they were aware that the Indian River Lagoon was the most diverse estuary in North America and asked for information on their experience in working on sensitive areas. -1- Mr. Hodges advised Mr. Arena that sensitivity issues are very important to his company and they have operated with fish and water fowl successfully without any fish or fowl kill and they have re-established the depth of the waterway so it is a cleaner and healthier environment. Mr. Arena questioned if they had any knowledge of long term effects. Mr. Hodges stated they did not have enough data to know what the long term effects are, their longest time period and history is 7 years . There were no fish kills besides old age after the 7 years. Mr. Kevin Stinnette, 10303 Indian River Drive, addressed the separation of course sand from the sediments. He asked if the course sand would be a beach re-nourishment quality sand. Mr. Hodges stated that without the samples he could say, however, the sand is non-absorbent, and since it is non-absorbent, the contaminants do not adhere to the sand, they adhere to the flock material, so the sand would be fairly clean. Mr. Stinnette asked if they would also take responsibility for any improprieties on the part of the sub contractor should this occur. Mr. Hodges stated they would. Mr. Glen Manchester, 801 Florida Ave., advised Mr. Hodges that there was a road bridge and a railroad they would need to go around in order to reach Taylor Creek. Mr. Hodges thanked Mr. Manchester for this information. Com. Barnes questioned the cost of trucking the materials away from the site. Mr. Alexander advised the Board that traditionally on the projects they have bid, they have come in handling the material, trucking it away, as the low bidder. The client can haul the sediments away themselves if they wish to do so, however, his company does take this scope of work. Mr. Bob Bangert, area resident, asked if they knew of a time schedule that it would take to ascertain what the ramifications of this project would be, so that you could return with prices so this Board could compare to what they have existing. Mr. Hodges stated he could return within the next couple of weeks and take the samples. It would take a couple of weeks for the samples to be analyzed and another week to do estimates. Mr. Hodges estimated one month's time. Mr. Brian Killday, area resident, stated the water contaminants from Taylor Creek would be discharged right back into Taylor Creek rather than 3 and one half miles north from the Indian River where the water quality is much better. Com. Hutchinson asked if they had contacted any state agencies. Com. Coward advised the Board that he had contacted the office in Port St. Lucie last week when he learned of this technology, and asked them to start researching this as well. Mr. Anderson, area resident, addressed the sediments sitting a long length of time before it could be trucked and the increase in cost of the project . He stated the more water the sediments hold the more it gets like quick sand. -2- Mr. Hodges stated all materials are different and he could not tell Mr. Anderson the reaction of this material. Mr. Anderson stated the berm being 25-30 ft. tall, would take more time for it to dry before it could be hauled away and with the hurricane season, the heavy rains would wash the berms away and then every bit of the material would be back into the Lagoon or you would have it on your property. It sounds to him that this would be the best way. Mr. Bill Hearn area resident asked if the Taylor Creek project extended up to the spillways. The Chairman answered in the affirmative. Ms. Betty Lou Wells, area resident, asked why SFWMD had changed their mind as to the priority of this project. Com. Barnes stated they changed their minds because the BCC asked them to do so. However, they can change their minds again. At this time the presentation was concluded. The Chairman asked for a consensus from the Board. It was the consensus of the Board to have Black and Veach move forward with the studies (at their own cost) to see if it is feasible and what the actual cost would be for the project and ask staff to do some research as to how some of the materials maybe used. Com. Barnes requested notifying the City of Ft. Pierce and asking for their cooperation. Com. Hutchinson suggested scheduling a worksession with the City of Ft. Pierce and the South Florida Water Management attending so that all the information can be presented and receive feed back from them. Mr. Hodges concurred with Com. Hutchinson's suggestion. REGULAR AGENDA 3. MINUTES (2-006) It is moved by Com. Coward, seconded by Com. Hutchinson. *n approve the minutes of the meeting held February 22, 2000; and, upon roll call, motion carried unanimously. 4. PROCLAMATION/PRESENTATION (2-050) Resolution No. 00-58- Proclaiming the month of March, 2000 as "Purchasing Month" in St. Lucie County, Florida. It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 00-58; and, upon roll call, motion carried unanimously. Ms. Ruth Totton and Mr. Arthur DeRostaing were present to accept the proclamation. 5. PUBLIC COMMENTS Mr. Herbert Beach, White City resident, tr~anked the A~~iard for accepting the Rasmussen House and asked that staff keep him advised as to the new location. Mr. Beach also offered his services in locating contractors to assist the county in restoring the house. ~3- `~~-' v.r~` Mr. Jeff Rogers, Old Dixie resident, addressed the Board regarding the disposal site . He advised the Board that he was told by Hoyt C. Murphy Realtors who is presently listing his house, that property value would decrease should this site be approved. Ms. Delores Johnson, Waterfront Council President, read an address she made to the City of Ft. Pierce. Ms. Jean Hearn, Tozier Road resident, presented the Board with some memoirs of the Port. She stated she was pleased to see that the County Administrator recognized the value of the permits. Ms. Hearn stated she hoped the county would recognize the value of the permits in an open forum. Com. Bruhn questioned if the Waterfront Council had a position on what the present owner is considering doing with the property. Ms. Dolores Johnson, Waterfront Council President advised the Board that Mr. Bell had stated he could use 15 acres and she believes this is the land that is contiguous to Indian River Terminal and this would be compatible to what the 1996 Charrette had said. They would be amenable to this, but would express concerns on the other development. Mr. Robert Anderson, Old Dixie resident, addressed the Board regarding the Black & Veach presentation. He commented on Com. Barnes comments regarding the fact that he felt the City of Ft. Pierce would give the county a problem regarding a site and reminded the Board that the city of Ft. Pierce is part of the county. Mr. Anderson questioned if it would not be to the city's benefit to have Taylor Creek dredged so that it does not come back into the turning basin. For these reasons, he feels the city could be made to reconsider. He asked the Board to consider the site behind Sunrise Ford which is presently full of unwanted debris. 6. CONSENT AGENDA Com. Hutchinson advised the Board that she is requesting item C-7A be pulled for a separate vote and that she would be abstaining di.ie to a possible conflict. C-7A- South Detention Area/Brisben Family Limited Partnership- Consider staff recommendation to approve the First Amendment to, and Restatement of the agreement for the South Detention Area and authorize the Chairman to sign the First Amendment. Upon receipt from Dickerson, refund River Place, Inc., $12,000 plus interest. It was moved by Com. Barnes, seconded by Com. Coward, to approve item C-7A; and, upon roll call, motion carried unanimously with Com. Hutchinson abstaining; and, upon roll call, motion carried unanimously;. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approvc the Consent Agenda with item C-6D pulled and item C-7A pulled for separate vote; and, upon roll call, motion carried unanimously. WARRANT LIST The Board approved Warrant List Nos. 22 and 23. 2. PUBLIC WORKS A. Change Order No. 1-The Board approved the change order in the amount of $25,324.23, accepted the project, released retainage in the amount of $21,273.23 and make final payment in the amount of $48,597.36 to Sheltra & Son Construction Company for he -4- Bridge Replacement Project at Orange Avenue & Cow Creek and authorized the Chairman to sign the Change Order. B. Engineer Intern Position- The Board approved to hire the applicant with a starting salary of $33,502.56 per year (18% above entry level salary for the Engineer Intern position), after completion of a six month probationary period, applicant will receive the usual 5% increase to equal a salary of $35,177.74. C. Engineering/NSLRWCD Canal Retrofits and Hidden River Estates Stormwater Retrofit/Grant Application with FDEP and Budget Resolution No. 00-050- The Board approved the grant agreement ;in the amount of $395,000 with $300,000 to go towards the NSLRWCD Canal Retrofits Project and $95,000 to go towazds the Hidden River Estates Stormwater Retrofit Project, and approved the budget resolution appropriating grant funds and authorized the Chairman to execute the contract. D. Engineering/Work Authorization No. 18- The Board approved the work authorization (pursuant to the Agreement for Continuing Professional Engineering Services) for Hazen & Sawyer, P.C. to prepare a conceptual design plan in the amount of $4,360 for the Dupuis Reserve Grove Site Stormwater Retrofit Project. The Boazd approved the project budget and authorized the Chairman to sign the contract. 3. COMMUNITY DEVELOPMENT A. Tourism/R.J. Gibson Advertising Invoices- The Boazd approved payment of the February invoices to R.J. Gibson in the amount of $5,318.61. B. Change Order- The Board approved the change order to accommodate the increase in the construction contract amount for the World of Plastics CDBG project. 4. LIBRARY Budget Amendment No. 00-117 and Equipment Request No. EQ00-090- The Board approved the budget amendment and revised equipment request and authorized the purchase of a Gateway Computer in the amount of $2,049 for the Ft. Pierce Branch Library. ADMINISTRATION A. Recreation Advisory Board- The Board approved ratifying Commissioner Bruhn's appointment of Gail Dellman to the Recreation Advisory Boazd. B. Budget Amendment No. 00-119- The Board approved the budget amendment to provide the Council on Aging of St. Lucie, Inc., with a local match in funds in the amount of $18,200 from the Contingency Fund. This amount represents a local match 10% from a settlement in the Tobacco Lawsuit, which the State has allocated additional dollars for senior services. 6. MANAGEMENT/BUDGET A. Budget Amendment No. 00-112 and Equipment Request No. EQ00-196- Correction of Scrivener Error in Organization Number -The Board approved the revised budget amendment and equipment request changing Organization Number 7510 to the correct Organization No. 7910. B. Budget Resolution No. 00-52/Manatee Protection Plan Grant- The Board approved the budget resolution to appropriate and expend the funds received from the Florida Fish and Wildlife Conservation Commission related to the Manatee Protection Plan Grant. -5- rlrr" .~' C. Budget Resolution No. 00-54/CDBG World of Plastics Grant- The Board approved the budget resolution to appropriate and expend funds received from Fort Pierce Utilities Authority for the construction of a water main in Oleander Business Park related to the World of Plastics Grant. D. This item was pulled E. Budget Amendment No. 00-115- The Board approved the budget amendment to transfer funds from the General Fund Contingency to Marine Safety to facilitate lifeguard tower repairs. 7. COUNTY ATTORNEY B. Indrio North Savannas Project/Parcel 186- The Board approved the Option Agreement for parcel 186, authorized the Chairman to execute the agreement and direct staff to close the transaction and record the document in the Public Records of St. Lucie County, Florida. 8. PURCHASING A. Bid Waiver and Purchase- The Board approved the request for a bid waiver and purchase from quotations and to approve the purchase of two flatbed trucks with lightning loaders(one for Road and Bridge and one for Leisure Services) from Freightliner Trucks of South Florida in the amount of $75,878.78 each. B. Budget Increase for Purchase- The Board approved the budget increase request to purchase a 35 ton Lowboy Trailer for Road and Bridge in the amount of $28,280. C. Award of Bid No. 00-022-/Rock Hauling M.S.B.U. Ideal Holding- The Board approved awarding the bid to Overland Services, Inc., ir_ the amount of $2.45/ton and authorized the Chairman to sign the contract as prepared by the County Attorney. D. Bid Waive and Purchase- The Board approved the request for a bid waiver and for the purchase of a used grader for Road and Bridge from Nathan Senter in the amount of $88,000. 9. AIRPORT A. Professional Services Proposal- The Board approved the Professional Services Proposal with Williams, Hatfield and Stoner, Inc., in the amount of $ 88,450 to provide professional services, which include surveying, geotechnical, design phase, permitting, bidding and construction phase service for the aircraft parking apron expansion project at St. Lucie County International Airport, and authorized the Chairman to sign the agreement. B. Lease Agreement Amendment- The Board approved th;; First Amendment to the Lease Agreement between St. Lucie County and Thee Kit Trailer Mfg., Inc., a rent credit of $3,042 for the installation of a sixteen foot overhead door on the County owned building located at 3821 Ridgehaven Road on Airport property. 10. VETERANS SERVICES Co-Sponsorship of the United Veterans of St. Lucie County Golf Tournament- The Board approved $1,000 for co-sponsorship of the United Veterans of St. Lucie County Golf Tournament. -6- 11. AGRICULTURE Sea Grant/marine Agent Position- The Board approved Position Request No . PS 00-036 and established a Marine Agent position for the Agriculture Division, funded 60% by the University of Florida and 40% by St. Lucie County. 7. ADMINISTRATION (1-804) Work Authorization No.14/Upland Spoil Site- For consideration before the Board was staff recommendation to approve the work authorization for Williams, Hatfield and Stoner to proceed with the initial analysis of the Seminole site. The County Administrator addressed the Board on this issue. Com. Hutchinson questioned the amount of money expended at this point for this project. The County Engineer and the County Administrator addressed Com. Hutchinson's questions. Com. Barnes advised the Board, that a great deal of the money which has been spent, was spent on the Taylor Creek restoration project independent of the spoil site. What is being requested is specifically for the spoil site. Com. Coward commented on expending these funds when the Corps of Engineers has not given the county a commitment. They are not equipped to ~~~ork with us on the spoil site and are not willing to cost share with this county. He expressed his concern with the money being spent and alluded to the previously approved $20,000 for do diligence without obtaining clear answers for alternative sites. He asked for a separate motion in order to hold back on the expenditure of that $20,000 until we allow Black and Veach to come back and give us concrete numbers and see if this is a path we want to pursue. Com. Barnes stated he did not wish to lose the grant money and then find ourselves back to square one. The County Administrator advised the Board that the County Engineer is attempting to have the time extended 90 days, however, at this point he has not received a commitment. The County Engineer advised the Board that in his discussions with St. Johns Water District, they are trying to extend the time, but has not received a firm commitment from them as yet. They are trying to extend it through the eTlu of May if possible. Com. Lewis stated she too finds herself in the same position as Com. Barnes . This project has been going on for some time and felt it needs to keep moving. Com. Coward stated he felt the county was going to lose this grant either way due to the fact that they could not expend the funds in enough time. Com. Barnes pointed out that they would only lose what they do not use. Com. Coward stated he felt they should stop at this point and say it is not clear that the county is going to meet the deadline that was placed on them and that the county is $2 million short and the county needs to go back and re-assess and then the county can come back to additional grant funds next year. -7- ~ ~ Com. Barnes stated his concern was that if they miss this alternative, then they are left with none and we'd be giving the agencies all their grant money back. This project has taken a long time to get this far and if he wants to start over again, he would like to know Com. Coward's plan on how to start all over again and at this port we do not have any other sites. Com. Coward stated he felt that grant was going away regardless and it was a way to spend $40- $50,000 needlessly. He thinks the momentum is still there and the other funding sources are still there, however, the county is not well enough organized to continue to spend these funds before the deadline of April 1St Com. Bruhn stated that if the Board wanted to spend the $32,000 he would vote for it if they would spend it on the Airport site, but would not vote for the Seminole Site. Com. Hutchinson concurred with Com. Barnes. She stated at some point the public's concerns needed to be addressed. Com. Bruhn stated there were plenty of acres available at the airport which would not cause a problem to the nearby taxpayer where as this location causes a problem for an entire subdivision. Com. Coward stated he felt there were other sites he would have preferred to have information on rather than moving ahead with such little information. It was moved by Com. Lewis, seconded by Com. Barnes, to approve staff recommendation; and, upon roll call, the vote was as follows: Nay's: Coward, Bruhn; Aye's: Hutchinson, Barnes, Lewis; motion carried by a vote of 3 to 2. Com. Barnes reiterated the fact that they are not purchasing this site at this time. The intent is to research this site to see if it is suitable. 8. PUBLIC WORKS (1-1632) A. Resolution No. 00-053/Briargate M.S.B.U. Consider staff recommendation to adopt the resolution creating the Briargate M.S.B.U. authorizing the County Engineer to proceed with the engineering and design of the Project pursuant to the procedures set forth in Chapter 1.13.5, St. Lucie County Code of Ordinances; authorizing the County Attorney to advertise for bids for construction; and, to prepare an interlocal agreement with the City of Ft. Pierce and the Fort Pierce Utilities Authority. The M.S.B.U. Coordinator advised the Board that due to the high cost of bringing in the sewer improvements, the property owners rescinded their petition and this public hearing is to move forward only with water improvement. It was moved by Com. Coward, seconded by Com. Hutchinson, to approve Resolution No. 00- 053; and, upon roll call, motion carried unanimously. B. COMMUNITY DEVELOPMENT (1-1824) Resolution No. 00-007/Carlos Munoz Quintana- Consider staff recommendation to approve the resolution granting a Conditional Use Permit to allow a 14,560 sq. foot mini- warehouse and self-storage facility in the CG Zoning District. Mr. Herbert Beach, area resident, questioned what would be stored in these units. Mr. Beach was informed by the Community Development Department representative, that only household good were to be stored. -8- ~r.+' It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, motion carried unanimously;. C. Resolution No. 00-006- Pan Am International Flight Training Academy( Ernesto Velasco, Agent)- Consider staff recommendation to approve the resolution granting a Major Adjustment to the existing St. Lucie County International Airport Conditional Use for the project known as Pan Am International Flight Training Academy. It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve staff recommendation; and, upon roll call, motion carried unanimously. D. Distance Waiver- Pierre Sabittoni, Sabittoni & Co., Inc.,- Consider staff recommendation to approve the request for waiver from Section 07.10.11 (A) St. Lucie County Land Development Code which requires a minimum distance between and establishment which sells alcoholic beverages and a religious facility, school, public park or public playground. Mr. Harold Smith, agent for the petitioner, addressed the Board on this issue. It was moved by Com. Lewis, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carried unanimously. E. Resolution No. 00-56- Right of Way Abandonment- Portions of Avenue F and North 415 Street- Consider staff recommendation to approve the resolution instruct staff to publish the final Notice of Abandonment, and record Resolution No. 00-56, Proof of Publication of the Notice of Public Hearing and Proof of Publication of the Notice of Abandonment n the Public Records of St. Lucie County, Florida. It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. F. Resolution No. 00-57/Right of Way Abandonment- Becker Road- Consider staff recommendation to approve the resolution, instruct staff to publish the final Notice of Abandonment, and record Resolution No. 00-57, Proof of Publication of the Notice of Public Hearing and Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County, Florida. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, motion carried unanimously. G. Certificate of Public Convenience and Necessity/WE CARE, INC./ Consider staff recommendation to determine whether the application of We Care, Inc., has met the requirements of Chapter 1-12.5 of the Code of Ordinances for issuance of a Class F CON. Ms. Paula Barakos, owner, addressed the Board on this request. Ms. Cathline Shelton, RN and Discharge Planning Nurse at an area hospital, addressed the Board in favor of this application. Com. Coward questioned the business address and the Medicaid services. Mr. Barakos stated the billing address in Stuart was a post office box for billing purposes only. -9- fir' ~/ Ms. Barakos advised the Board that she had been working closely with Mr. Gonzales and Mr. Drummond with the Council on Aging for months and the company should be approved in the very near future. Com. Coward expressed his concerns with previous companies stating they would service Medicaid patients and then backed out of their commitment. Mr. Stan Newman, Consultant to We Care of the Palm Beaches, addressed the Board regarding the Medicaid program in Palm Beach County. Mr. Herbert Beach, member of the Alliance for Mental Illness, questioned the Baker Act procedures. Ms. Nina Lissman, employed by We Care of the Palm Beaches, addressed the Board in favor of the application and the length of time some patients must incur for transport. Ms. Deborah Krause, Director, Lifeline Medical Services, addressed the Board regarding this application. Ms. Krause addressed what would constitute the need for another transport company. Ms. Krause does not see the need for another transport company and advised the Board that there have been times when she has had to lay off employees when other transport companies have been approved in the county. Ms. Krause stated it was a matter of volume, and another service will cause others to have a hardship. Mr. Newman, Consultant addressed the Board regarding the services being provided by We Care and the growth of the company in Palm Beach. Ms. Jean Birdsall, Able Ambulance, addressed the Board regarding her company's services. Ms. Peggy Mills, Community Transit employee (Medicaid Coordinator for St. Lucie County) addressed the Board regarding the need for Medicaid transport. Ms. Mills advised the Board of difficulty in scheduling Medicaid transports due to procedural and process system problems as well as availability of providers. Com. Coward questioned amending the ordinance requiring transport companies to accept Medicaid transports. The Asst. County Attorney addressed Com. Coward's question and stated it would have to be stated in the ordinance. Com. Lewis stated this would be difficult to enforce and could not see how they could make a private business do this. Com. Hutchinson advised the Board that these types of companies are required to do a monthly report. Ms. Barbara Stein, Wheel Chair in Transit, advised the Board that she is not running at capacity at this time, there are 2 vans which are sitting idle. Ms. Patty Farmer, Mental Health worker, addressed the Board regarding the difficulty mental health patients have in obtaining transports. Mr. Fred Wit, addressed the Medicaide guidelines, pick up and drop off time limits. -10- '\/ `~r/~' The Public Safety Director advised the Board that the EMS Board voted 3 to 2 to deny the application. Public Safety does not make recommendations on approval or denials of applications. Com. Hutchinson stated she was concerned about the fact that the company did not have their Medicaid approval as yet and this is where the main problem is occumng. Her second concern is that on their financial statement they have stated they will not be receiving Federal or State assistance, Medicaid is Federal assistance, and last, the mailing address is Stuart, there are too many inconsistencies. Com. Coward concurred with Com. Hutchinson and expressed his real concern with the statements made of where the business is located and who or what it is or is not affiliated with. He stated he is in favor of free enterprise, but, not if it will displace those businesses already existing which have helped the county during the most dangerous times. Com. Coward stated if he was asked to make a decision today, before going back to the ordinance and the addressing the Medicaid item, he would have to vote in the negative. Com. Lewis stated she was not sure why the Board was the one to decide need or necessity for such an issue. She stated she was not sure if the question was, what does the company need to stay in business or what do our citizens need. Whether she supports the need to support our local business, she is not real sure if this is the question. Com.. Barnes recalled the previous applications which were placed before the Board and stated this proves that government should not be regulating private enterprise. Com. Barnes directed staff to contact the other counties and see how they handle the Medicaid transports and how the county can change the ordinance to require Medicaid transports. The Public Safety Director stated he wou1G compile the information for the Board to review. Ms. Barakos guaranteed the Board that they would be approved by Medicaid and would provide this service to St. Lucie County. It was moved by Com. Hutchinson, seconded by Com. Barnes to continue this public hearing until March 21, 2000 at 7:00 p.m. or as soon thereafter as possible; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned at 9:30 p.m. Chairman Clerk of Circuit Court -11- MOSQUITO CONTROL BOARD ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 7, 2000 Convened: 9:30 p.m. Tape: 3 Adjourned: 9:31 p.m. Commissioners Present: Chairman, Cliff Barnes, Doug Coward, John D. Bruhn, Paula A. Lewis, Frannie Hutchinson Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator; Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director, Jim David, Mosquito Control Director, Ray Wazny, Public Works Director, Bill Blazak, Utilities Director, Charlie Bicht, Purchasing Manager, A. Millie Delgado, Deputy Clerk 1. MINUTES It was moved by Com. Bruhn, seconded by Com. Coward, to approve the minutes of the meeting held February 22, 2000; and, upon roll call, motion carried unanimously;. 2. GENERAL PUBLIC COMMENTS None CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Bruhn, to approve the Consent Agenda, with item C-2A pulled; and, upon roll call, motion carried unanimously;. WARRANT LIST The District approved Warrant List No. 22 and 23. There being no further business to be brought before the Mosquito Control District, the meeting was adjourned at 9:31 p.m. Chairman Clerk of Circuit Court EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING `r/ Date: February 1, 2000 Convened: 7:55 p.m. Tape: 1 Adjourned: 7:56 p.m. Commissioners Present: Chairman, Doug Coward, John D. Bruhn, Frannie Hutchinson, Paula A. Lewis, C1iffBarnes 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, Harvey Lincoln, M & B Manager, Deputy Nickel, A. Millie Delgado MINUTES (1-1927) It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve the minutes of the meeting held January 11, 2000; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA (1-1937) It vas moved by Com. Bruhn, seconded by Com. Barnes, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. Warrant Lists The District approved Warrant List Nos. 16 thru 18. 2. Public Works/Engineering Bid Waiver- The District approved waiving the formal bidding process, enter into a contract with Bennett's Site Development, Inc., in the amount of $16,909.50, to construct a small beach berm in front of Ocean Village (Kristi's Restaurant) with future reimbursement from FEMA and authorized the Chairman to sign the contract. There being no further business to be brought before the District, the meeting was adjourned at 7:56 p.m. Chairman Clerk of Circuit Courts -1- ~, ~/ March 14, 2000 9:00 A.M. BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME '~/ GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please stateyouur name and address, speaking clearly into the microphone. If yoL~ as NON-AGENDA ITEM necessary at the cor. ~ PUBLIC COMMENT- ' . / Please limit commer ,o°.~` L DECORUM- Please b ~ ~ ~1- }~ r~~~ yl,-~k ~3'•J_.r~'' T ~Jt-c.~ ~~ f~~ ~~r~,..1 ~s ' ~. MEETINGS- All Boars ~ ~.'-,~~ ~u~'~~ t(,j~~~~~~~~~~ ~e of each month at 7:0 ~f ~ ~s / ~ ~ ~ r-li advertised. Meetir '%fj d ~ (,UC~.S ~ ~/1J~ ~~L,iC=~~'c~'_ ~~~.~ -~ ~~x!~• ~s Administration Aran ~ s, additional workshop :o Notice is provided o ~~~~~-, ~_ attend this meetings ~-ice'`' 1777 or TDD (561) 4 M V QOARD OF COUNTY COMMISSIONERS www.stlucieco.gov AGENDA March 14, 2000 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1.' MINUTES `./ John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 Approve the minutes of the meeting held March 7, 2000. 2. PROCLAMATION/PRESENTATION A. Karen Knapp, President of the United Way of St. Lucie County will present St. Lucie County Administration with an "Endowment Challenge Match Superstar 1999-2000" award. B. Resolution No. 00-62 -Proclaiming the week of March 19, 2000 through March 26, 2000 as "JUVENILE JUSTICE WEEK" in St. Lucie County, Florida. C. 1999 Employee of the Year -The Board will present Barbara Meinhardt, of Public Works, with an award for the "Employee of the Year" for 1999. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA 5. LEISURE SERVICES A. FIND Property on County Line Road -Consider staff recommendation to approve the Find Property on County Line Road for passive recreational use. U NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedin s is made. Upon the request of any party to the proceedings, individuals testifying during a hearingg will be sworn in. ~ny party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone, with a disability re uirin accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561 462777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. `./ REGULAR AGENDA MARCH 14, 2000 PAGE TWO 5. LEISURE SERVICES (CONTINUED) `~vr/1' B. Permission to Advertise for Bids -Consider staff recommendation to approve the request for permission to advertise for bids for the Civic Center -~ - message sign, permission to purchase the sign with Contingency Funds, and C~u~U~-- lti,l~,approval of the project. 6. AIRPORT Lease Agreement -Consider staff recommendation to accept the bid from Eric Jones, owner of Auto Care Center and authorize the Chairman to sign the Lease Agreement to lease two parcels in the Ridgehaven Subdivision (one at 3175 North US Highway 1 and the other parcel 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 accept the payment of $200 for previous use of the property. 7. COUNTY ATTORNEY Permission to Advertise for a Public Hearing -Consider staff recommendation to approve the request for permission to advertise for a public hearing for the St. Lucie County, Florida -Florida Power & Light Company Bond Refunding. ~Or/ `~ CONSENT AGENDA March 14, 2000 ~~, WARRANTS LIST Approve warrants list No. 24 2. PUBLIC WORKS A. Work Authorization No.13 -Consider staff recommendation to approve the work authorization with LBF&H, Inc. to complete the design and permitting of the intersection improvements for the intersection of Midway Road and Glades Cut Off in the amount of $77,585, authorize the Chairman to sign the work authorization as prepared by the County Attorney, and authorize the termination of the original Assignment Authorization with LBF&H, Inc. for this project dated October 10, 1995. B. Road & Bridge Division / Resolution No. 00-55 - Consider staff recommendation to adopt the resolution establishing the existing traffic circle on Evergreen Avenue in Harmony Heights as a one way road. C. Resolution No. 00-59 / Roadway Lighting System and Maintenance Agreement -Consider staff recommendation to approve the resolution authorizing the Chairman to execute the Roadway Lighting System Maintenance Agreement as approved by the County Attorney. D. Equipment Request No. EQ00-204 and EQ00-203 - Consider staff recommendation to approve the equipment requests to purchase a 60" Dixie Chopper Mower in the amount of $7,864 and 6' x 10' Trailer in the amount of $800 for Road & Bridge. E. Budget Amendment No. 00-120 -Consider staff recommendation to approve the budget amendment to transfer $10,145 from Transportation Trust Local Option Contingency to FEC Materials to fund the rebuilding of the Rouse Road Railroad Crossing. F. Solid Waste /Public Notice for the Solid Waste Full Cost Accounting for Fiscal Year 1998-1999 -Consider staff recommendation to authorize the Solid Waste Division to publish in a newspaper of general circulation, as required, the Solid Waste Full Cost Accounting Report for Fiscal Year 1998- - 1999. G. Engineering /River Branch Estates M.S.B.U. / Interlocal Agreement - Consider staff recommendation to approve the Interlocal Agreement with the City of Port St. Lucie to provide potable water to the River Branch Estates Subdivision and authorize the Chairman to sign the agreement. COMMUNITY DEVELOPMENT Final Plat Approval of the Midway Industrial Park Unit No. 1 -Consider staff recommendation to approve the Final Plat of the Midway Industrial Park -Unit No. 1, and authorize the Chairman to complete the execution of these documents. '~.r CONSENT AGENDA MARCH 14, 2000 PAGE TWO 4. LEISURE SERVICES A. Senior Citizen Discount -Consider staff recommendation to approve a one dollar ($1.00) discount per ticket for senior citizens aged 65 and older for all County sponsored (excluding New York/St. Lucie Mets) ball games and recreational events. B. Contract Approval -Consider staff recommendation to approve the contract between the Youth Coalition and the St. Lucie Chamber Foundation for a donation in the amount of $2,000 to be used for education and literacy. C. Contract Amendment -Consider staff recommendation to approve the First Amendment to the contract with Florida Scientific Industries d.b.a Pipeline Energy for the electrical upgrade at the Savannas Recreation Area and authorize the Chairman to sign the amendment. D. Budget Resolution No. 00-65 -Consider staff recommendation to approve the budget resolution, to accept the $500 donation for the South County Regional Sports Complex from Florida Power and Light and authorize the Chairman to sign the letter of appreciation. E. Blind Creek Park -Ocean to River /Grant Acceptance -Consider staff recommendation to accept grant funds totaling $35,000 from the Florida Department of Environmental Protection's Upland Invasive Plant Management Program, and authorize the Chairman to execute a Memorandum of Understanding with FDEP, pending County Attorney review and approval. 5. UTILITIES /RECYCLING A. Agreement Amendment -Consider staff recommendation to approve the first amendment to the agreement by and between Lakewood Park Congregation of Jehovah's Witness and St. Lucie County for an increase of a water line size from 6" to 8" and payment to the developer in the amount of $5,270. B. Budget Amendment No. 00-121 and Equipment Request No. 00-205 - Consider staff recommendation to approve the budget amendment and equipment request to purchase and install a Novell 4.11 Server from the St. Lucie County Information Technology Department in the amount of $ 3, 5 00. C. Budget Amendment No. 00-122 and Equipment Request No. 00-206 - Consider staff recommendation to approve the purchase of a control panel to replace an existing panel on North Hutchinson Island from F.J. Nugent and Associates in the amount of $5,750. `~rr+ '~/ CONSENT AGENDA MARCH 14, 2000 PAGE THREE UTILITIES /RECYCLING (CONTINUED) D. Budget Amendment No. 00-123 and Equipment Request No. 00-207 - Considerstaff recommendation to approve the purchase of two submersible pumps for replacement of existing pumps on North Hutchinson Island from F.J. Nugent & Associates in the amount of $6,018. E. Contract Extension -Consider staff recommendation to approve the contract extensions until June 30, 2000 for LBF&H, Inc. (C96-09-719) and Camp Dresser & McKee (C96-09-717) for projects currently in progress. F. Contract Approval -Consider staff recommendation to approve the five contracts with LBF&H, Inc., Camp Dresser & McKee, Inc., Mastellar & Moler, Inc., Inwood Engineering, Inc., and PBS&J, Inc. for general engineering services and authorize the Chairman to sign the agreements. 6. MANAGEMENT AND BUDGET A. Budget Resolution No. 00-64 / Permission to Advertise for a Public Hearing - Consider staff recommendation to approve the request to advertise for a public hearing for the acceptance of the Local Law Enforcement Block Grant and the budget resolution to increase the Fine and Forfeiture Fund in the amount of $58,870. B. Early Redemption of Special Assessment Bonds, Series 1997 -Consider staff recommendation to approve the early redemption, at par, of a portion of the outstanding balance of the $132,000 St. Lucie County, Florida Special Assessment Bonds, Series 1997 (Driftwood Manor M.S.B.U.). Specifically, $9,000 in bonds maturing October 1, 2000 and $5,000 of those maturing October 1,2001. C. Approval of New Interest Rate for Sun Trust 800MHz Loan -Consider staff recommendation to approve using the adjustable 30-day LIBOR option as the interest rate adjustment to be applied to the $7,300,000 Public - Improvement Revenue Note, Series 1998 with Sun Trust Bank. Consider staff recommendation to authorize the Interim Office of Management and Budget Manager to sign the attached letter and return it to Sun Trust Bank. D. Budget Amendment No. 00-118 /Permission to Advertise for a Public Hearing -Consider staff recommendation to approve the request to advertise for a public hearing ,for the budget amendment to transfer the Dune Restoration Grant Project from the Mosquito Control budget to the Leisure Services St. Lucie County General Fund budget. \./ CONSENT AGENDA MARCH 14, 2000 PAGE FOUR 6. MANAGEMENT AND BUDGET(CONTINUED) E. Early Redemption of Special Assessment Improvement Bonds, Series 1996 - Consider staff recommendation to approve the early redemption, at par, of a portion of the outstanding balance of the $1,860,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1996 (Becker Road M.S.B.U.). Specifically, all bonds scheduled to mature during the period of November 1, 2003 through November 1, 2006 plus $45,000 of those due to mature November 1, 2007. Early redemption of these bonds will take place on May 1, 2000. F. Early Redemption of Special Assessment Improvement Bonds, Series 1998 - Consider staff recommendation to approve the early redemption, at par, of a portion of the outstanding balance of the $14,920,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1998 (South Hutchinson Island Wastewater System). Specifically, the remaining bonds scheduled to mature November 1, 2002 and all of the bonds due to mature November 1, 2003. Early redemption of these bonds will take place on May 1, 2000. G. Early Redemption of Special Assessment Improvement Bonds, Series 1998A -Consider staff recommendation to approve the early redemption, at par, of a portion of the outstanding balance of the $910,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1998A (South Hutchinson Island -North District Wastewater System). Specifically, the remaining bonds scheduled to mature during the period of November 1, 2000 through November 1, 2007 inclusive. Early redemption of these bonds will take place on May 1, 2000. H. Budget Resolution No. 99-284 and No. 00-44 / Correction of Scrivener Error in Fund and Organization Number -Consider staff recommendation to approve the revised budget resolutions correcting scrivener's error in the fund and organization numbers. 7. PURCHASING A. Award of Bid No. 00-014 / Sagamore Waterway Maintenance Dredging - Consider staff recommendation to award the bid for the maintenance dredging of the Sagamore Waterway to Ludlum Construction Company, Inc. in the amount of $20,000, approve the project budget as stated on the Division of Engineering memorandum No. 00-3 5, and authorize the Chairman to sign the contract as prepared by the County Attorney. B. "Piggy-Back" the Fort Pierce Utilities Authority Maintenance Contract - Consider staff recommendation to approve the request for permission to "piggy-back" the Fort Pierce Utilities Authority Maintenance Contract. C. Hurricane Irene & Floyd Emergency Purchase Orders -Consider staff recommendation to approve the Emergency Purchase Orders issued for Hurricane Irene and Hurricane Floyd. CONSENT AGENDA MARCH 14, 2000 PAGE FIVE 7. PURCHASING (CONTINUED) D. Bid No. 00-015 / Re-tile Bathrooms in the Roger Poitras Annex -Consider staff recommendation to approve the bid waiver and award for the re-tiling of the bathroom in the Roger Poitras Annex to Target Tile in the amount of $18,000 and authorize the Chairman to sign the contract as prepared by the County Attorney. E. Permission to Advertise -Consider staff recommendation to approve the request for permission to advertise for bids for the replacement of Civic Center doors. 8. INFORMATION TECHNOLOGY Agreement Approval -Consider staff recommendation to approve the Supplement to the H.T.E., Inc. Software License and Services Agreement. 9. COUNTY ATTORNEY A. Indrio North Savannas / DoCouto Parcel 69 - Consider staff recommendation to approve the Option Agreement for Parcel 69, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the document in the Public Records of St. Lucie County, Florida. B. YMCA of St. Lucie County, Inc. Contract/ Contract for Dragging Baseball Fields -Consider staff recommendation to approve the proposed contract with the YMCA of St. Lucie County, Inc., and authorize the Chairman to sign the contract upon receipt of the signed originals from the YMCA. 10. AIRPORT A. Contract Approval -Consider staff recommendation to approve the contract with RCD Construction in the amount of $63,800 for the Phoenix Metal Products Building at the Airport Industrial Park and authorize the Chairman to sign the contract. B. Joint Participation Agreement /Resolution No. 00-060 /Budget Resolution No. 00-061 - Consider staff recommendation to approve the Joint Participation Agreement (JPA) between the Florida Department of Transportation (FDOT) and authorize the Chairman to execute the JPA. Consider staff recommendation to approve Resolution No. 00-060 authorizing the Board to accept the grant from FDOT, and approve Budget Resolution No. 00-061 authorizing the Board to appropriate and expend the grant funds. ~/' AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: ITEM NO. DATE: March 14, 2000 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ J PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 00-62 -Proclaiming March 19, 2000, through March 26, 2000, as "JUVENILE JUSTICE WEEK" in St. Lucie County, Florida. BACKGROUND: The Community Resources Coordinator for the Children's Services Council in St. Lucie County, has requested that this Board proclaim March 19, 2000, through March 26, 2000, as Juvenile Justice Week in St. Lucie County. The attached Resolution No. 00-62 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 00-62 as drafted. COMMISSION ACTION: CO_ NCUR~'NC~:: ~ ] APPROVED [ ]DENIED [ ]OTHER: s Anderson Administrator Review and Approvals r t. ~. County Attorney: ~~ ~ Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) _ err/ Eff. 5/96 f ~.~' RESOLUTION NO. 00-62 A RESOLUTION PROCLAIMING MARCH 19, 2000, THROUGH MARCH 26, 2000, AS "JUVENILE JUSTICE WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Florida's juvenile crime problem has ramifications far beyond the juvenile justice system, and affects the health and integrity of the state's business, community, education, and family institutions. 2. After a continual increase in juvenile crime over the past ten years, in fiscal year 1998- 1999 there was a 7 percent decrease in youth referred for delinquency in the State of Florida. 3. The St. Lucie County Board of County Commissioners is committed to reducing and preventing juvenile crime in our county and protecting its citizens in partnership with the St. Lucie County Juvenile Justice Council and its members. 4. St. Lucie County will work with the Department of Juvenile Justice, local businesses, law enforcement, schools, the judiciary, the faith community, and other concerned citizens on programs to prevent juvenile crime and improve youth intervention services. 5. The Citizens of St. Lucie County need to have a heightened awareness of juvenile justice issues. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim March 19, 2000, through March 26, 2000, as "JUVENILE JUSTICE WEEK" in St. Lucie County, Florida. i~ `1/ `.r~ 2. This Board urges all citizens of St. Lucie County to take part in stopping or preventing juvenile delinquency, to make a conscious effort to learn more about the programs for prevention and intervention; and further to join together in the fight against crime in our community. PASSED AND DULY ADOPTED this 14`h day of March, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 02/2$/2@00 @9:49 $6146''^134 • ~, ~ ~ c~~~~ ~` ~u~~~S ~~ 25o NRt Com~try Ciao Dr., Ste. 240 Part St. Lucie, FY. 34958 www.kfsi.natlcsc Phony (561} 462 2143 Fos: (S61} 462 2134 CSC ST LUCIE PAGE 01 F.~ TRANSMI'~'T'A~. +Ct)VER SHEET Do you have your copy of our braining calendar - ~~ ~`oa~t.. ~aX? Upcoming Worlrshaps= Feb. 19 Llultural Diversity Feb, 24 Crisis Iaterventiom Techaiques March 24 Time/Se1f MauagCment Skills ,A,gril 13 Effects of v~oience and ~r~;T,;~Ation is Children Cat1 to request a capyll! CQUNCIL MEMBERS C'hairnrcm Sclwal Board Menther TO: ; 'O~+` Q-- ~ •,+ t' n ~{ V~ c~ai, From: _ ~~,r. ~...~ (sue Judy Ja>sros " " Ate: ~__ ~~ s I2e~a ~~y~ w1.Y L~GYI r~ R. nine r~ FaY Number: ~~ ~. - -~ ~ ~ . umber of Pages to Foi~w: ~. Coun~+ Commissioner Mes ge: ~~s~r ~....~ss;~, ., ~,~..~~~~ Corrine Be>mcks '/ I J. Rod (".ardiff Burton Cam~ar Circutt.fxvenllaJ~dge Ann Berner ~ ~~ Dept. a, f Chfldtu~s dt Familfes ,_ win;~m v~ v Supertmendent ofSchaols ~ Q;f'l~ ~ Wilsoa ~~~ Director - - -_______.__ __ xathrya Basile j~ ~ C [~ ~'_ °r~ R ------___ _Inyest is the Futare...Invest ~n the Ch>ddren ~~ ~~ ' FEB 2 8 1000v ~ ~L ,~~~ _~ ~~~ ~~ ~C ~~~ CO. ADMIN. OFFICE ~ I ~~~`" ~~ ""~l ~r ~` e2r2er2aea e9:ag Z50 Nw Gauntry Club Dr. Port St. Lode, FL 3498b Phone: 561-4b,2-143 Fs~.x: 561-4b2-x134 tvww.kfsf.netJcsc COUNCIL MEMBERS Cftairman Kathryn Henal~¢y Sclcool.8oard Msmfiar bFce C{tairrrtctn Judy James Gormrnor AppoFnrtd $ECrCtQI~ R. Duke Neisoa Governor,4ppt>fnted Cliff Barnes County Commissioxer Corinne $ebndce governor Appointed Ann Berner Interim DLcr. /S Administrator Dept. of Children $i Fvret!(ies J. Rod Cardiff Governor Appointed $urton Comxtet Circuit.7uvgnl(4t Judge Ih: William vagei Supertntrndent ojSchoo(s Garry Wilson Cov~nsorAppofrtted Executive Director Kathryn A. HA3ile Invest in the Future,.. Invest in the Children. 5614622" ''4 `~/' ~'abruary as, zooo Dear Ms. Tuza~Qr, CSC ST LI.ICIE PACE D2 Per our phone conversation yesterday, I am foxavarding the Praclamatian for Juvenile Justice Week. I indicated to the Chaix of the St• Lucie County Juvenile Justice Council, Barbara Bacon, that the proclamation will bs read at the March 14'~ meeting which begins aX Q:40 ~m She will atte~atJ that meeting as well as myself, the vice-chair, Thank you for all of your assistance azifl please call me if you have any questions. sincerely, .,^r' can oyle Corumunity Resources Coordinator 02/28/2000 09:49 56146227"" ur~rza~2aaa THLr 17: sT FAX ~ County of S#. Lucia Hoard of County Commissioners CSC ST LUCIE PR()CLAMATtON ~~I` WH)~~AS,1f:lorida'a juvenile crime problem has ramifications fer bayoxzd tine juvenile justice system end affects the ltcalth and integrity of the state's business, community, education, and family insdtutiois; and W~ +"AS, aRer a continua] increase in juvenile crime over the past tez~ years, in ~sca] year ] 99899 theta wes a 7 percent de,crQa3e in youth referred for delinquency in ffic State of.Fior-da; anal WHEREAS, the St. Lucie County Board of Cozsunissioners is c.a~rruuittcd to reducing and preventing juvenile crime in our county and protecting its cizizcns in partner3hip with the 3t. Ludo County ,juvenile 3ustice Gannet! and ita mernt+era; ;cud '~'RELiEAS, St. Lucie County wilt work with the riepattxacnt ofXuvcnile IUSRicc, local businesses. taw enforcamettt, schools, the judioiazy, the faith community, and other coneemed citizens on programs to prev¢nt jyv~~ crime $~ iulprove yautia intervention services; and WHEREA~9, tha citizens of onr community need to have a heigiatened awareness of juYelaile justice LS.IirCS. NOVY THEREFUN.E 8E TT RTSQLVEIb TBAT THE BOARD QF COtUNTY C'.UivX11~SSItONE1;iS OF ST. LUCIrE CQUNx'Y, )P'LQ1r~ttDA, does hereby unauimaus]y proclaim 1lfarcD 19 to 26, x000 as JUVENILE JUSTTC.'E WEEK in St Lucie County, cad urges al! citizens of our oorruniuiity to take part in stopping or preventing jnvenilc delinquencr and tQ make a conscious effort tp learn more about the progratna for prevaiEion a~ intervention; and fustber call upon ail t>~e citizens to join togother in the 7~gl~t t~amss crime in our couununity. DONE, aRDERED AND ADOPTED, in regular session Ibis day of A.1D. ~U44 PAGE 83 C~iOOY Cbairpcrson, St. Lucie county Board ot'County Comrnissionera AGENDA REQUEST DATE: March 14, 2000 REGULAR [ X ] PUBLIC HEARING [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Leisure Services SUBJECT: FIND Property County Line recommended use. BACKGROUND: Please see attached memorandum. CONSENT [ ) PRESENTED BY: Mike Leeds Director FUNDS AVAILABLE: FIND will be funding any improvements to the property through its operational budget. PREVIOUS ACTION: N/A RECOMMENDATION: Based on the information that has been provided, staff would recommend that the Board approve the Find Property for passive recreational use. COMMISSION ACTION: l- I APPROVED [ ] DENIED [x] OTHER: Pulled Prior to Meeting. County Attorney: Originating Dep . Public Works: Coordination/Signatures vri ITEM NO. 5 /Doug Anderson unty Administrator Management & Budget: Purchasing: Other: Finance: (Check for Copy only, if applicable) i '\r.+ `rl/'' DEPARTMENT OF LEISURE SERVICES MEMORANDUM T0: Board of County Commission FROM: Don McLam, Projects Manager ~~ THROUGH: Mike Leeds, Leisure Service Director DATE: March 8, 2000 SUBJECT: FIND Property on County Line Road ******************************************************* The Leisure Services Department first became aware of the 14± acres which border the St. Lucie and Martin County line through a May 11, 1999 memorandum from Commissioner Coward. The original concept was a three way agreement between Martin County, FIND and St. Lucie County. FIND would develop the property and St. Lucie County would enter into an inter-local agreement with Martin County for Martin County to maintain and control the property. Martin County's intent for this property is practice soccer fields. Leisure Services staff reviewed this property and the surrounding area taking into consideration the requested use, location along Indian River Drive and the railroad tracks, and the surrounding mobile home parks to the north and south of this property. In memos dated May 26th, June 23rd and August 4th this department has supported the concept of a passive park in this area. ,~, This passive park should include a restroom and paved parking area close to Indian River Drive(convenient for our fishing public) ,a dog park and open field area. This passive park would require less maintenance then a more active park but none the less require maintenance. Provided we can accomplish the work necessary to properly maintain this additional 14± acres with existing staff, to clean the restrooms 5 days a week, pick up trash, mow & trim the property about 26 times per year and adding the additional operating expenses (supplies, gas, etc.), Parks Division expenditures will increase by $20,500.00. If this park is built as a passive park and Leisure Services is responsible to maintain it, then Leisure Services is recommending that the BOCC approve increasing the Parks budget by the above amount. FROM F~ ~. filar. 08 2600 11:51W'I Pl `~" ..__ .. __ _ -- C,F~B~cr/,vtr~us~~--- -- -- --- i~~ -- ---- ___~7 ~~ >- -- _ _ f~ _ _.._ --- -- ---- -- __~-,_a~"~~ -- _- - -- -~ - __ __ ~c --. _ .- --- ~?~a~7~- ~A _ DEPARTMENT OF LEISURE SERVICES MEMORANDUM T0: Doug Coward, County Commissioner THROIIGA: Mika Leeds, L.S. Director ~~~ FROM: Don McLam, Recreation Manager~~tiC..~-- DATE: August 4, 1999 SIIBJECT: FIND Property County Line +r*,t,r,t**,r,r,rws*+r,r,t***,r*,r,t**,r,r*t,rs,r,t,r*,t,r,r****,t,e*,r,r+r,r*,a,r,e**,e,r**,t,re,r,r,r,t,r**** The Florida Inland Navigation District has committed to leasing the property in south St. Lucie County at Indian River Drive and County Line Road. FIND will develop the property at it's cost, and are in the process of hiring Kimley-Horn and Associates, Inc. to design this property. The proposed project will not effect St.Lucie County's allocation from FIND. In reviewing the site on August 2, 1999 with Mike Leeds the same concerns apply that we had earlier, about the use of this property in relation to traffic and the residents. We also traveled a possible traffic pattern from the site west to Jensen Beach Blvd, if this pattern is used by Jensen Beach residents it will decrease traffic on Indian River Drive. When Kimley-Horn is hired, we would like to see a needs study, traffic study and public survey done for this project. These studies may determine whether this site becomes an active or passive park. After parking, retention ponds, restrooms, utilities and buffer area is taken into consideration there may not be a lot of space let. In either case a team needs to be created with FIND, St. Lucie County and Martin County to determine use, over see construction/development, develop leases and mutual use agreements. As an alternative to massive soccer fields, we may want to look at turning part of the space into a "PAW PARK" and the remainder as clear open space. With this :; open space you could practice soccer. Attached CC; County Administrator County Commissioners _ , Program: Paw Park Agency: Sarasota County Parks bt Recreation Department Contact Robert Conn 941-316-1172 Age Group Served: All ages Program Cost: S14,S1 S Program Funding Source: Sarasota County Program Description: Sarasota County's first leash-free park was opened after the County Commission passed an ordinance requiring the removal of fecal matter at parks allow- ing dogs, and citizens requested more parks be opened to dogs. Parks and Recreation Director ~Nalt Rothenbach challenged his start to design a park especially for leash-free dogs. From day one. Paw Park .vas a areal success. Thirty :o sixty dogs are brought to the oar+c daily and this fig- ure doubles on :vee~cends. after open- ing Paw Park. stagy s[artea rece+ving reauests for ^~cre canine parks throughout the county. ,~ second oarK a .n the pianninc aaaes and sched- ;:ied to open n _arly ~'?99 in the `.~enice area. The size or a ~an~ne Dark can ranae from one to =i:'=_ acres or more. Sarasota County- ~ -first doc park is six acres. and the sec~ne oarx is aesigned to be two acres. t s recommended that the perimeter •~ncing be six `eel. Doa rules shouia be c,eanv posted out- lining what to ~c .vith fecal matter, aoas that misbena~:e. etc. The question aiwavs comes to mind aoout [he possib+ii~~ of dog fights. In our experience, and cnecking with other canine oarxs across the county, tnis is not a oroc:em. 'he reason is that dogs consider :he Dark ro be a neutral territory. -.I rocs are visiting the nark ana no cca can consider it to be their territory. ;s a result, there has not been a prooierrm with dogs being aaoressive. =omnliance. iUal~;'.. ^.Vdlla.^, 111tV :ervic°. ;rpm . ,rice: ~ iar?~;- manc:ac:ure- ~r nressur= tooiers ELK,~1'. :amoues - -;.~ I (rpa journal • (~ • .rind 1198 ` Benefit: The large growth of our urban areas has made open space ror dogs and their owners increasingly scarce. Dog owners comprise 28ao of the American population and this is climbing. In the best interest of our park systems a com- promise is being reached to fulfill the needs of dog owners in our communities. Historically, local ordinances have exclud- ed docs from park areas for a variety of reasons. This practice is beginning to cnanae so that pets ana darks users can coexist in public areas. Unique Features: ~s •eoorted by the local ne~:vsoaoer, Paw Pan< could ~e con- sidered a ooa i;eaven. :has ~ogaie drinking fountains, a shc:ver on a .vooc- en dec:< :or the pooc^es. -ree Baas ror fecal mater available n soensers, fire hvdrants.:easn posts, ar•c an aic~mative one ace -enced area ~Jr ;mall Boas. There are also picnic :axles and a ~uiletin board. 'r a doa happens :o cet out of hand, there is ~ fences rea to serve as the ''time-ouC' caae. Star is presently checkinc ~nro liahtina ~cr night use and portable :o~iets until germane^t rest rooms can be added ::~rouan a future budge:. • ~~tAYCO of Florida ~'vlanuracturer's Representative 302 Riga Blvd.. Ste. E. Tampa, FL 33619 (813) 623-3~i Fax (813) 623-066 \r' `'~ DEPARTMENT OF LEISURE SERVICES Recreation Division MEMORANDUM TO: Doug Anderson, County Administrator THROUGH: Phil Freeland, Assistant County Administrator FROM: Don McLam, Recreation Manager ~~''~~ DATE: June 23,1999 SUBJECT: FIND Property -South End Indian River Drive In reference to Commissioner Cowazd's memo (dated May 11, 1999), there aze several concerns in regard to any proposed use of the site. First, the property in question lies between two well established senior citizen mobile home parks, one to the north and the other to the south. Second, Indian River Drive is located to the east and East Coast Railroad to the west. Disregarding the property surroundings, the narrow roadway is a concern. Three soccer fields and two roller hockey areas, may generate several hundred vehicles on site at one time. This type of extensive use will in all likelihood cause serious concern to residents along Indian River Drive. An agreement that outlines use for St. Lucie County residents should not be a problem, as long as the two County's agree. Any participation fees that aze incurred by St. Lucie County residents needs to be the same as any Martih County participation fees. The land is available to the County at no cost, facility will be built at no cost to the County and Martin County will maintain the property. The same question still remains "is this the right location for this type of use"? Isn't this somewhat similaz to the first site proposed for the Environmental Learning Center ? I would think that if the intent is to go forwazd with this project, a neighborhood meeting should be held to determine how the azea residents feel about this type of use. Attachment; Memo of May 11, 1999 'rr/ ,,,fir DEPARTMENT OF LEISURE SERVICES Recreation Division MEMORAND 1M TO: Doug Anderson, County Administrator THROUGH: Jack Doughney, Leisure Services Director FROM: Don McLam, Recreation Manager DATE: May 26,1999 SUBJECT: FIND Property -South End Indian River Drive In reference to Commissioner Coward's memo on the above subject the property in question lies between two well established senior citizen mobile home parks, one to the north and the other to the south. Indian River Drive is located to the east and East Coast Railroad to the west. Disregarding the property surroundings, the roadway is a greater concern. Three soccer fields and two roller hockey areas, may generate 268 vehicles on site at one time. This type of extensive use will cause serious concern to residents along Indian River Drive. Recommendation: Limit use to two soccer fields without lights and possible a dog park. Reason; less vehicle traffic, slow growth of park, reduce impact to residents and provide a balance of recreation for the residents that live near the park to walk their pet. An agreement that outlines use for St. Lucie County residents should not be a problem, as long as the two County's agree. Any proposed user or participation fees that are incurred by St. Lucie County residents needs to be concurrent with Martin County resident fees. Note: Current land use is RU/PUD. INDIANRIVER I,~,~~IVE FREEHOLDER.SAS:.~C'IATION, INC. 11090 Ridge Ave. F~ Pierce, FL 34982 • January 31, 2000 C~~ Doug Coward, County Commissioner 2300 Virginia. Ave. Fort Pierce, FL 34982 Dear Commissioner Cowazd We appreciate your taking the time to address the Indian River Drive Freeholder Association meeting. As you saw at the meeting, we aze excited about the prospect of a passive park on Indian River Drive. We feel that all county residents should have access to the beautiful Indian River Lagoon to fish, walk, picnic and enjoy the River and the Savannas. However, we aze strongly opposed to a pazk that would bring organized sports, lights, and unnecessary traffic to the Drive. This azea was established in the late 1800's, and we would like to preserve the historical ambiance of the Drive. Should you decide to pursue the possibility of using the Florida Inland Navigation property as a passive park, we will support you in any way we can. However, we will not support a park of the kind proposed by Martin County. We feel very strongly that organized sports facilities for the residents of Martin County should be located in Martin County. To establish a park for young people's sports on Indian River Drive would be an inappropriate use of this property. Again, thank you for being open to our opinions. If we can be of any service to you on this or other projects of this nature, please don't hesitate to call on us. /~~~ r t AGENDA REQUEST ITEM NO. 5B DATE:3/14/00 REGULAR [xx] PUBLIC HEARING [ ] TO: BOARD OF COUNTY COMMISSIONERS CONSENT [] PRESENTED BY: SUBMITTED BY(DEPT): Leisure Services Mike Leeds SUBJECT: Civic Center Message Sign BACKGROUND: See attached FUNDS AVAILABLE: Funds will be made available from contingency funds RECOMMENDATION: Staff requests permission to advertise for bids to replace the Civic Center message sign ermission to purchase throu h contin enc f _~n_d _ approval of the p.roiect..Staff requests a oard approve an aut orize Chairman '' to sign Budget Amendment No. 00-124. CONCURR --= LX ] APPROVED [ ] DENIED ~~ [ ] OTHER: Do gl s M. Anderson u y Administrator L~' Review and Approvals , County Attorney: ~~ Management & Budget Purchasing: Originating Dept Other• Other• Finance: (Check for Copy only, if applicable) v ~zu ~ ~~l 4 'l M E M O RAND II M T0: Charles Bicht, Purchasing Manager THRII: Mike Leeds, Leisure Services~~~jl, Director FROM: Patti Raffensberger, Special. Facilities Manager, Leisure Services Department DATE: March 7, 2000 SIIBJECT: Bid for Replacement of the Civic Center Message Siga -------------------------------------------- Leisure Services is requesting the issuance of a bid for replacement of the Civic Center message sign on S. 25t'' Street. An attempt to replace the sign about 2 years ago, never materialized because the vendor refused to sign a contractual agreement with the County. The intent was for the vendor to replace the message sign at no cost to the County and then recoup his expenses through advertising he would sell. Therefore, no monies were budgeted for the replacement. After many months of phones calls to the vendor asking him to return a signed contract, we finally contacted another sign company for a cost estimate. The existing sign is the original one installed when the Civic Center was built. Everyone agrees that it needs to be replaced. Now that a decision has been made to take funds from contingency to pay for a new sign, staff can proceed with advertisement and bidding. '~.E .~,~_ _.. .., ~5 ~ I I ;1~~ C- ;'„1 CJ CIVIC CENTER vIESSAGE SIGN 1) Custom outdoor sign with double faced electronic message display to be manufactured to fit on existing structure (11' x 11'). Sign is also to have custom backlit ad panels above and below electronic message display. (Sign requires re-working of existing beam structure). 2) Electronic message display is to be double faced with a waterproof enclosure. (AB 1600 40 by 80 - 10 starburst or equal). Display is to be operated by a #verus 7000LE Controller with PC (or equal), includes full animation and graphics. 3) Display to be wired for internal use. 4) Must be able to offer full local service on display within 24 hours of call. 5) Full training session for electronic display to all necessary people. 6) Total cost of installation must be included in price. 7) Full warranty, 2 years. G:\COMMOMBIDS\2000BidsRFPs\civic center messsage sign.wpd tilr-' , BID, RFP & RFQ REQUEST FORM This form must be filled out and attached to the technical specifications or scope of work supplied by the requesting department. Any missing information may delay the bidding process. The technical specification or scope of work must be sent to the Purchasing Department in a data file in WordPerfect format. Project Name and Description Replacement of the Civic Center Message sign Requesting Department -Leisure Services Project Manager or Contact Person A.W. Cappar Phone Number 462-1526 Fax 462-1940 Date Submitted -March 7, 2000, Requested Bid Opening Date -May 3, 2000 (If the funding for this bid was specifically approved in the budget allow two weeks for advertisement. If permission to advertise is required allow 3-4 weeks. Bids less than $500,000 require a minimum of 21 days from advertisement to opening and bids in excess of $500,000 require a minimum of 30 days.) Insurance and bond information. BONDS A. Yes ^ No B. Yes ^ No C. Yes ^ No l~ (This requirement rr confirming waiver.) 5% Bid Security 100% Maintenance Bond years 100% Public Construction Bond iay be waived by the County Administrator if the project is less than $200,000, attach memo INSURANCE The following are the standard limits for County projects. Any request to deviate from these limits must be submitted in writing to the Risk Manager. The submittal must contain a description of the project and reason for the deviation. A. Yes x No ^ Worker's Compensation $1,000,000 by accident -each accident $1,000,000 by disease -each employee $1,000,000 by disease -policy limit B Yes x No ^ Commercial General Liability $1,000,000 per occurrence $3,000,000 per job aggregate REV 10/22/98 1 of 2 . ~-' C. Yes x No ^ Commercial Auto Liability Combined Single Limit, Bodily Injury/Property Damage X$300, 000 ^ $1, 000, 000 ^ $3, 000, 000 D. Yes No ~ Builder's Risk (all risks for the total construction cost of the project) E. Yes No ~ Professional Liability $1,000,000 aggregate F. Yes ^ No ~. Other Pre-bid meeting Yes x No ^ Best time and day of week -Tuesday afternoons Mandatory Yes x No ^ Place Civic Center Bid form information (unit pricing, break-out pricing, etc.) attach additional sheet if necessary Approval Budget item request # Board Approval Date_Once awarded Fund # From contingency to 001-7510-563000-700 Special requests or Instructions: RE,,, ~ of 2 CIVIC CENTER MESSAGE SIGN April 1998 Discussion on replacing the sign begins. The plan is to use funds in the amount of $7,000 that were not used for another project. This would not have been an animated sign. June 1998 An agenda item was approved to prepare a Request for Proposal for an electronic sign that would be funded through apublic/private partnership. October 1998 RFP issued November 1998 One vendor, AD Systems, Inc. submitted a proposal Feb/March 1999 Contract sent to AD Systems for signature. Several revisions are made at the contractors request. May 1999 AD Systems indicates to the Special Facilities Manager that they would be ready to start on this project as soon as they finish installation of the Mets Stadium scoreboard. June 1999 AD Systems indicates to the Civic Center Coordinator that they have some concerns about the contract and would review the document. August 1999 Civic Center Coordinator begins making weekly calls to the company president who tells him that he will sign the contract and return it. October 1999 Company president informs the Civic Center Coordinator that he will not sign the contract prepared by the county and has his own contract. He was asked to send that contract to the county, but never did. November1999 The Special Facilities Manager spoke with the company president and was also told by the president that he would send his contract to the county. He also indicated that might not have enough sales people available to sell advertising. January 2000 County Administrator instructs the Leisure Services Director to proceed with sign replacement and indicates that funding would come from contingency reserves. January 2000 Leisure Services Director and staff meet with Daktronics and asks them to provide a budget estimate for an animated sign. March 2000 Agenda item submitted for permission to advertise a Request for Proposal for the sign, permission to fund the project from contingency reserves and approval of the project. Bl'^GET AMENDMENT REQUEST FOP"~ REQUESTING DEPARTMENT: OMB/LEISURE SERVICES-CIVIC CENTER PREPARED DATE: 03/13/00 AGENDA DATE: 03/14/00 ^etik `xv{v "~i~`vv ~~Ei4~~vi4h'iY+• ... i . ~M1. h ' v1' K{tiv ..~ ....~ .i %ti{i i vivt~~,~<ivy..2ti~vvY~~} ~ :Yx • ~` xv`v` v • i~aiv 4 %{ti{SC.:{'~'iY'Qk 't . L: >'`~y^'K::`•' x~i~.:i.. • a~.;.,. • A,.M1 ..::iC.+ti~::i .`" . tt;`,;:.k\ :::2 x.. wi`....i. ` .xxx. xxx... ~.k:.'YvRY<,k`.`. v x TO: 001-7510-563000-700 IMPROVEMENT O/T BUILDINGS yKt. '^r ., . ~ ~.,; }~v $95,000 FROM: 001-9910-599100-800 CONTINGENCY $95,000 REASON FOR BUDGET AMENDMENT: CIVIC CENTER SIGN CONTINGENCY BALANCE: $792,795 THIS AMENDMENT: $95,000 REMAINING BALANCE: $697,795 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: 00-124 DOCUMENT # 8~ INPUT BY: G:IBUDGETOUATTROIGENERAL~FORMSIAMENDMOO.wb3 03/73/00 ' ' ~ ' - , ~ FISCAL YEAR 1999-2000 F(Ar.rrS APPROVED FROM CONT/NG6„,~Y GENERAL FUND DEPARTMENT ITEM ACCOUNT # AMOUNT DATE Approved Budget Contingency 001-9910-599100-800 900,000 Administration Downtown Library Property 001-1900-561000-7952 8,570 12/07 001-1900-561002-7952 1,336 12/07 Administration PSL High School Band 001-1900-582030-100 2,500 12/07 Admin/County Atty. Platts Creek Acquisition 001-1210-561000-3112 678,000 12/07 001-1210-561002-3112 66,000 12/07 Administration Health Dept/ Impact Fees 001-6210-562012-4609 50,598 12/14 County Attorney Platts Creek Acquisition 001-1210-561000-3112 (11,599) 12/14 Marine Safety Lifeguard Towers Repairs 001-2920-546200-200 (10,000) 03/07 Council on the Aging 10% match/homebound seniors 001-6900-582015-600 (18,200) 03/07 Total used: 107,205 Balance Available 792,795 Proposed action: Civic Center Sign 001-7510-563000-700 $95,000 03/14 Balance Available After Proposed Action: 697,795 G:18UDGET~UATTROIGENERAL~FORMSIAMENDM00.wb3 03/13/00 M E M O RAND II M T0: Charles Bicht, Purchasing Manager THRII: Mike Leeds, Leisure Services~'~/~j Director FROM: Patti Raffensberger, Special. ;, Facilities Manager, Leisure Services Department DATE: March 7, 2000 SUBJECT: Bid for Replacement of the Civic Center Message Sign --------------------------------------- Leisure Services is requesting the issuance of a bid for replacement of the Civic Center message sign on S. 25t'' Street. An attempt to replace the sign about 2 years ago, never materialized because the vendor refused to sign a contractual agreement with the County. The intent was for the vendor to replace the message sign at no cost to the County and then recoup his expenses through advertising he would sell. Therefore, no monies were budgeted for the replacement. After many months of phones calls to the vendor asking him to return a signed contract, we finally contacted another sign company for a cost estimate. The existing sign is the original one installed when the Civic Center was built. Everyone agrees that it needs to be replaced. Now that a decision has been made to take funds from contingency to pay for a new sign, staff can proceed with advertisement and bidding. `~r-' CIVIC CENTER vIESSAGE SIGN 1) Custom outdoor sign with double faced electronic message display to be manufactured to fit on existing structure (11' x 11'). Sign is also to have custom backlit ad panels above and below electronic message display. (Sign requires re-working of existing beam structure). 2) Electronic message display is to be double faced with a waterproof enclosure. (AB 1600 40 by 80 - 10 starburst or equal). Display is to be operated by a #verus 7000LE Controller with PC (or equal), includes full animation and graphics. 3) Display to be wired for internal use. 4) Must be able to offer full local service on display within 24 hours of call. 5) Full training session for electronic display to all necessary people. 6) Total cost of installation must be included in price. 7) Full warranty, 2 years. G:\COMMOAI\B[DS\2000BidsRFPs\civic center messsage sign.wpd } BID, RFP & RFQ REQUEST FORM This form must be filled out and attached to the technical specifications or scope of work supplied by the requesting department. Any missing information may delay the bidding process. The technical specification or scope of work must be sent to the Purchasing Department in a data file in WordPerfect format. Project Name and Description Replacement of the Civic Center Message sign Requesting Department -Leisure Services, Project Manager or Contact Person A.W. Cappar Phone Number 462-1526 Fax _462-1940 Date Submitted -March 7, 2000 Requested Bid Opening Date May 3, 2000 (If the funding for this bid was specifically approved in the budget allow two weeks for advertisement. If permission to advertise is required allow 3-4 weeks. Bids less than $500,000 require a minimum of 21 days from advertisement to opening and bids in excess of $500,000 require a minimum of 30 days.) Insurance and bond information. BONDS A. Yes ^ No ~ 5% Bid Security B. Yes ^ No ~ 100% Maintenance Bond years C. Yes ^ No l~ 100% Public Construction Bond (This requirement may be waived by the County Administrator if the project is less than $200,000, attach memo confirming waiver.) INSURANCE The following are the standard limits for County projects. Any request to deviate from these limits must be submitted in writing to the Risk Manager. The submittal must contain a description of the project and reason for the deviation. A. Yes x No ^ Worker's Compensation $1,000,000 by accident -each accident $1,000,000 by disease -each employee $1,000,000 by disease -policy limit $1,000,000 per occurrence B Yes x No ^ Commercial General Liability $3,000,000 per job aggregate REV 10!27!98 1 of 2 ~,,. , C. Yes x No ^ Commercial Auto Liability Combined Single Limit, Bodily Injury/Property Damage X$300, 000 ^ $1, 000, 000 ^ $3, 000, 000 D. Yes No ~ Builder's Risk (all risks for the total construction cost of the project) E. Yes No ~ Professional Liability $1,000,000 aggregate F. Yes ^ No ~. Other Pre-bid meeting Yes x No a Best time and day of week -Tuesday afternoons Mandatory Yes x No ^ Place Civic Center Bid form information (unit pricing, break-out pricing, etc.) attach additional sheet if necessary Approval Budget item request # Board Approval Date_Once awarded Fund # From contingency to 001-7510-563000-700 Special requests or Instructions: REV iontisa ~ Of 2 r AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Air.,port ~.ri _ I _ ITEM NO. i` ~Cl DATE: 3-14-00 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Paul Phillips SUBJECT: 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 parcel at 3163 North US Highway 1 from St. Lucie County International Airport for five years with a five year option for $225.00 per month and accept the payment of $200 for Auto Care Center's previous use of the property. BACKGROUND: St. Lucie County International Airport advertised for bids for two parcels located on the Airport. After the notification period, the sole bidder was Mr. Eric Jones with Auto Care Center, Inc for $225.00 per month. At the January 25`~ meeting, the Board had some concerns about some County code violations by Mr. Jones. Charles Cangianelli, Building and Zoning Manager, has indicated that there are no violations on Eric Jones or the Auto Care Center. However, subsequent to that meeting Auto Care Center has been cited for using the property without permission. Because the Auto Care Center has been parking cars on the property for past four months, Mr. Jones has agreed to pay the Airport an additional $200, which is $50 per month for the last four months. 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 and authorize the Chairman _to sign the Lease Agreement 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 St. Lucie County International Airport for five years with a five year option for $225.00 per month and accept the payment of $200 for previous use of the property. COMMISSION ACTION: (APPROVED [ ]DENIED [ ]OTHER: Reviews & Approvals County Attorney: OMB Purchasing Originating Dept: Other: Other: Finance:(Check for opy only, if applicable) 'Irr r.rl' STAFF REPORT from St. Lucie County International Airport To: Board of County Commissioners From: Paul A. Phillips, Airport Director Date: March 7, 2000 Subject: Lease with Eric Jones for Ridgehaven Subdivision Property Late last year, Ms. Jeanne Hearn called the Airport to inquiry about several businesses in the Ridgehaven subdivision that were using Airport property. After an investigation by the Airport, it was determined that several business were in fact pazking vehicles on Airport property. As you can see from the attached photos, Mr. Eric Jones with the Auto Care Center was pazking about six to eight vans on the Airport's property. After meeting with Mr. Jones, he requested information on how to properly lease the property. Any lease ofnon-aviation property requires public notice and a request for bids. The Airport advertised the property for lease and instructed the two businesses adjoining the property that the property would be available for lease. After the notification period, the sole bidder was Mr. Eric Jones with Auto Caze Center, Inc for $225.00 per month. Because the Auto Caze Center has been parking cazs on the property for past four months, Mr. Jones has agreed to pay the Airport an additional $200, which is $50 per month for the last four months. At the January 25~' meeting, the Boazd had some concerns about some County code violations by Mr. Jones. Chazles Cangianelli, Building and Zoning Manager, has indicated that there aze no violations on Eric Jones or the Auto Caze Center. However, subsequent to that meeting Auto Caze Center has been cited for using the property without permission. Mr. Jones operates an auto repair and sales facility at his place of business and he 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. The Airport property is overgrown and unkept. Mr. Jones has made significant efforts to cleanup his business and plans to make improvements to these pazcels which will ultimately positively effect these parcels and the entire area. Since the site is adjacent to the Auto Care Center and is now sepazated from the Airport by the extension of 25`~ Street, it is the Airport's recommendation that the Pazcel at 3175 North US Highway 1 and the pazcel at 3163 North US Highway 1 be leased to Eric Jones for five years with a five year option for $225.00 per month. If you have any questions or require any additional information, please do not hesitate to contact me. ;~ ::~ ,_ ..._ ~~_.. - - ~ .,~ , - ._ _. _ . k~ ". t I ~ + ~__ y5;- - - ___ __~~_, K -' .u '~ 1 t ~~~ ,,,,,,,~j ~ ~ h € jdfi~ ''1 ~~{{1y,j ~ ~e y~IM ~li~T'r '~R~ .iRe ~ ~~ " .e~'a f ems' ~ ~~3 i.W.1~~t~~ , ~ ~e~ ~;r i X- - r:++!„_' '""* . ~.~y~°~,,, _'+~"o.. iYd01~`C,l=..~tL.le'B~r:. .,,... ,.att ~~~:.~: '~R, ..~-1S •~k-f ir~c •.i~'.i ~,'.. ~+ i 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 considerationof the mutual promises and covenants contained in this 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 of the 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 vim,, 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 teaz, 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 of this 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 April 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 of this 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 ~.rl 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 00/100 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 lump sum payment in the amount of two hundred and 00/100 dollars ($200.00) as back rent for use of the leased premises prior to the commencement date, plus 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 "St. Lucie County" 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 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 commencementof 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 of three (3) months prior to the expiration of 6 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. 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 of the 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 7 ~wrr `~ eviction of Lessee nor shall the same be grounds for any abatement of rental or grounds for any 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 8 ~1` '+r. and become the property and belong to Lessor. 15. DEFAULT 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) yeaz'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. DEFAULT 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, whereuponthis 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 9 ~r 'r.r/ Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such 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 term 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 term 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 term or earlier termination of this lease, for any reason, shall continue to be owned by Lessee, and at the time of such expiration or earlier termination, 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: 10 (a) Fire and Extended Coverage Lessee shall, at all times during the term of this lease and at Lessee's sole 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 11 delivered to and held by the Lessor. The insurance policy shall provide Broad Form Comprehensive General Liability coverage and it shall include personal injury; products and completed operations; and contractual liability specifically insuring this Hold Harmless pazagraph. 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, constructionor reconstructionby 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 12 . 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 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 unreasonably 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 13 With copies to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 Lessee: Auto Care Center, Inc. 3151 N. U.S. Highway 1 Fort Pierce, Florida 34946 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 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, asthe 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 14 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 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 St. 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 St. 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 15 ~/ ~ 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 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 any one 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. 16 'gr/ r/' 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 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. S~UIET ENJOYMENT. Lessor covenants, warrants and agrees that Lessee shall be entitled peacefully to enjoy, to occupy and to possess the Premises throughout the 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 of this 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 17 '~M/' ~.r/ 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 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 `~rd ~.r/ IN WITNESS WHEREOF, Lessee has executed this Lease Agreement on this day of ATTEST: AUTO CARE CENTER, INC. BY: SECRETARY PRESIDENT (SEAL) STATE OF FLORIDA ) ss COUNTY OF ) BEFORE ME, the undersigned authority, personally appeazed and President and Secretary of Auto Caze 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: Personally Known -Produced Identification _ Type of Identification Produced: 2000. (Notary Seal) 19 i/ IN WITNESS WHEREOF, Lessor has executed this Lease Agreement on this day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK STATE OF FLORIDA ) ss COUNTY OF ST. LUCIE ) COUNTY ATTORNEY BEFORE ME, the undersigned authority, personally appeazed PAULA A. LEWIS, chairman of the St. Lucie County Boazd 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. My Commission Expires: Personally Known _ Produced Identification _. Type of Identification Produced: G:~AGREEMNTV.EASEWUTO.CARE.CTR. WPD APPROVED AS TO FORM AND CORRECTNESS: Notary Public State of Florida 20 (Notary Seal) ~/ EXHIBIT "A" LEGAL DESCRIPTION OF LEASED PREMISES Parce1206 - 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 St. 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. Parce1207 - 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/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 .24 acres. 21 ~A6ENDA REQUEST ITEO. ~_ DATE: March 14, 2000 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: .BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney PRESENTED BY: Robert O. Freeman Bond Counsel SUBJECT: St. Lucie County, Florida -Florida Power & Light Company Bond Refunding BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board grant permission to advertise n public hearing. COMMISSION ACTION: [x] APPRO~/ED [ ]DENIED [ ]OTHER: ilas Anderson ty Administrator ;, ~" Review and Approvals County Attorney: v~'~ Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Eff. 5/96 i~ LL P. MEMORANDUM TO: Chairman and Members of the Board of County Commissioners of St- Lucie, ~'Iorida FROM: Robert O. Freezrzan ?.lexandra M. MacLe Squire, Sanders & Dem on Counsel DATE' 4iarch 8, 2000 RE: St. Lucie County, Florida Florida Power & Light Company Bond Refiuzdin Backgu-ound. St. Lucie Count3~, Florida (the "County") has previously issued its Pollution Control Revenue Refunding Bonds (Fioxida Power & Light Company Project). Series 1592, dated V1ay 28, 1992, Series 1993, dated July 27, 1993, Series 1994A, dated July 12; I99~, Series 19948, d;~ted Jul~• 12, 1994, and Series 1995, dated March 7, 1995, and its Solid ~+'aste Disposal 1Z.evenue Bonds (Florida Power & Light Company Project), Series 1990, dated June 15, 1994, Series 1991, dated August 1, 1991, Series 1992, dated May 28, 1992, and Series 1993, dated July 1, I943 (coile4tively, tree `'Outstanding Bonds"), io assist 1=lorida Power & Light Compaxty ("FPL") in financing and refinancing of a portion of the costs of its undivided o«nership irltez~est ut thr acquisition, installation and construction of air az~d water pollution control and sewage and solid w•3ste disposal facilities (the '`Projeci'~, at the St. Lucie Electr+cal Generating Plar,,t, located on Hutchinson Island, Zt. Lucie County- FPL is requesting the County refund al! or a portion of the Outstanding Bonds through .hc issuance over the neat three years of Pollution Control Revenue 1efunding Bonds and Solid ~~'aste Disposal Revenue Refunding Bonds in an agcregate principal amount not to exceed ~315,OCS~:000, ~~lhich is the outstanding principal amount of the Outstanding Bonds. r~dditionall}~. L~c:ause of L~'~t' complex federal tax analysis involved in this type of financin4, FPL. has retluc-sttid the Count\'s :15`i~'a6Q ~~?C~-0CXibblt-BQARD•R.F.T'cl°'R.1 .~~~f~4~ .//i~~,w,.,./ /.//;~,~~.a~ .~,~1~t-~.~.rd .~ vv~(<~~lK.e. ~J~~~ .~nd~r~.. ~~~;,~/~~i ~Y I.'>. >7>.. /1.'i~.`i r>. . ~N/~ .lJl~y./f ~~/fl. N. l.'l/ .-~N~~.i~. .~`~.~,.I?/) ~~:f~. '>I. :' 7 a rl'd d ° Q I ~/ `,1' permission to have Squire, Sanders & Dempsey L.L.P_, the County's Bond Go~utsel, serve as borFd couzzszl on these bond issuances. FPL will be separate)}• represented in this matter. As a fast step in this process, the Tntezrzal Revenue Code of 1986, as amended )the "Co:ie"l, requires that prior to the issuance of any bonds of this type, the County must appzoti•e the issuance of such bonds after a public hearir~ on the locaxion of the Pro~ecL the plan of finance and the issuance of the bonds. This is referred to as the "T'EFR.A approval" The Cede ftu^~her requires that .notice of such public hearing be published not latex than 14 days prior to the public hearing. FPL IS regt;,°stina the County hold a public hearing at a future meeting and is no"~ seeking pe*nzisti~ion to have the notice cif the public hearing published once a date has been set. This type of bond issue, because it is a current refunding, does not require a pritiate activit}~ bond volume cap allcxatior. from the State Division ofBond- Finance. Requested Action. Considezation by the Board is requested, on'l~esday, 1~larch 14, ?000, of FPL's request to hold a public hearing (ard publish notice o:f the public hearing j at a suture Board m;etint..~pprovai of Squire, Sanders & Dempsey L.L.P_ ro act as $ond Counsel on behalf of the Count}' ctith respect to size issuance of the bonds. llffect o€ the Requested :~rtion. Taking the requested action will not bind the CountyT to issuti an;' bonds for the prc~t+osed refun~3inb. The final approval of the issuance of any bond issue for the refundin; ~t-ilI be at the Cou-~tv's discretion upon fiuther request by FPL. The bonds, if issued, will not constitute a debt or liability of +,he County, the State of l;larida, or any political subdivision thereof, but will be payable from and secured sole}- b~' payments by FPL under a Laan Agreement to be entered i:zta with the County- at thz ticr~e :,fi issuance of the boazds. e~.,v, ~.~,:,.:a~u:.ouos~;~i-so;~r~•xE-'~..1=Iw [.iF~ 3JVd 'QI IJU2~Jd0'S ~1[ ~!4'J--%~.~t u'7~i ~i/ `rlr/ CITIBANK, F.S.B. 95 CHECK NO. S G O H 8 STEEL HECTOR &DAVIS LLP 201 S. BISCAYNE BLVD., srE. 3100 200 SOUTH BISCAYNE 80ULEVARD MIAMI, FL 33131 MIAMI, FLORIDA 33131-2398 s3-ssss-2sso o a w - DATE CHECK NO AMOUNT m 03/01/00 60088 ********300.00 PAY o **********************************************************Three Hundred & 00/100 LL R Q m a ° Board of County Commissioners-St. Lucie County y ro THE ORDER STEEL HECTOR ~ DAVIS LLP 8 OF IN FULL PAY ATTACHED VOUCHER BY-- -- _ir THIS DOCUMENT HAS A COLORED FACE AND CONTAINS A WATERMARK ON REVERSE SIDE THAT IS VISIBLE WHEN HELD TO THE LIGHT. A OF THESE FEAT ES A COPY. ~I'060088~I' i:266086554~: 21025~6000~~'~ .. ::~ .:T _ ,, -.. .. ~r s t .. .. .. - ~• .. ... .~ .. ., .,,.. ..... f .:.:.. .. .:.. .. ..: .}. - e~ ~ ._ .. .. ..:...: ...... ._ ... .. .. rr/r FPL March 2, 2000 Florida Power & Light Company, P. 0. Box 14000, Juno Beach, FL 33408-0420 700 Universe Boulevard St. Lucie County, Florida Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 ~OUN~ ~, I ~T~- ~_ ;' U ~~~~, ~` , ~'W J~ Re: Up to $312,000,000 St. Lucie County, Florida Revenue Refunding Bonds (Florida Power & Light Company Project), Series 2000 Ladies and Gentlemen: Florida Power & Light Company ("FP&L") hereby submits its application to the Board of County Commissioners for the issuance of up to $312,000,000 St. Lucie County Revenue Refunding Bonds (Florida Power & Light Company Project), Series 2000 (the "Series 2000 Bonds"). In accordance with the Guidelines and Procedures for the issuance of Industrial Development Revenue Bonds in St. Lucie County, Florida, FP&L hereby submits the following information: 1. Applicant's name, parent company name or names of principals with 10 percent or more interest in applicant, names of applicant's principal operating officers, names of principals with 10 percent or more interest in the project, and the applicant's business address and telephone number: Applicant's Name: Applicant's Business Address: Applicant's Telephone Number: Florida Power & Light Company 700 Universe Boulevard Juno Beach, Florida 33408 Attention: Treasurer (561) 694-6376 Parent Company Name: FPL Group, Inc. (owner of 100% of the issued and outstanding capital stock of the Applicant) Applicant's Principal Operating Officers: James L. Broadhead Chairman and Chief Executive Officer r ~`` \ \ ~ ~"'"i `~ ~~ \Y7" an FPL Group company i" /t-L. i~< J `.. ~; ,` ~~~ ~ ~~,, X , ~ i~ --t Y ~' ~L,` f ~y. r k - , ~ ~~ J t~ ~ _ T \ ; 'r 1 `,1 V ~ ~~ 1 ~ ` ~ ~ ., , ~ y. t ~ ~ r ~~~ i~ ~ ! .~~ v1~~ . ~ ' `! r ~' Dennis P. Coyle General Counsel and Secretary K. Michael Davis Vice President, Accounting, Controller and Chief Accounting Officer Lewis Hay, III Senior Vice President, Finance and Chief Financial Officer Lawrence J. Kelleher Senior Vice President, Human Resources Robert L. McGrath Treasurer Armando J. Olivera Senior Vice President, Power Systems Thomas F. Plunkett President, Nuclear Division Antonio Rodriguez Senior Vice President, Power Generation 2. Specific amount in U.S. dollars being requested to be raised by the issuance of the bonds. Up to U.S. THREE HUNDRED TWELVE MILLION AND NO/100 DOLLARS ($312,000,000.00) 3. A statement describing the applicant, its history, and its operations. FPL is engaged in the generation, transmission, distribution and sale of electric energy. Incorporated under the laws of the State of Florida in 1925, FPL is a wholly-owned subsidiary of FPL Group, Inc. FPL supplies electric service throughout most of the east and lower west coasts of Florida with a population of approximately 7 million. During 1999, FPL served approximately 3.8 million customer accounts. 4. A statement describing the sources and uses of funds for the project: Sources: Proceeds from the Series 2000 Bonds $312.000 million Uses: Redemption of all outstanding $9,835,000 St. LucieCounty, $ 9.835 million Florida Solid Waste Disposal Revenue Bonds (Florida Power Light Company Project) Series 1990 (including redemptio premium) Redemption of all outstanding $32,985,000 St. Lucie County, $32.985 million Florida Solid Waste Disposal Revenue Bonds (Florida Power Light Company Project) Series 1991" Redemption of all outstanding $12,015,000 St. Lucie County, $12.015 million Florida Solid Waste Disposal Revenue Bonds (Florida Power Light Company Project) Series 1992" Redemption of all outstanding $49,325,000 St. Lucie County, $49.325 million Florida Pollution Control Revenue Refunding Bonds (Florid Power & Light Company Project), Series 1992 (includin redemption premium)** Redemption of all outstanding $16,500,000 St. Lucie County, $15.900 million Florida Solid Waste Disposal Revenue Bonds (Florida Power Light Company Project) Series 1993 Bonds (includin redemption premium) Redemption of all outstanding $56,390,000 St. Lucie County, $56.390 million Florida Pollution Control Revenue Refunding Bonds (Florid Power & Light Company Project), Series 1993 (includin redemption premium)** Redemption of all outstanding $57,500,000 St. Lucie County, $57.500 million Florida Pollution Control Revenue Refunding Bonds (Florid Power & Light Company Project), Series 1994A (includin redemption premium)'* Redemption of all outstanding $29,000,000 St. Lucie County , $29.000 million Florida Pollution Control Revenue Refunding Bonds (Florid Power & Light Company Project), Series 19948 (includin redemption premium)** Redemption of all outstanding $49,995,000 St. Lucie County , $49.995 million Florida Pollution Control Revenue Refunding Bonds (Florid Power & Light Company Project), Series 1995 (includin redemption oremiuml*" *FPL will solicit tender offers from the holders of the Bonds for the purchase by FPL of such Bonds prior to their ordinary redemption. There can be no assurance that all or any of these Bonds will be acquired by FPL. **FPL plans to seek to redeem these series of Bonds within the period of time permitted by the Internal Revenue Code following the original TEFRA hearing for the Series 2000 Bonds. 5. A statement indicating the applicant's estimate of its financial performance as a result of a new investment made possible by the bonds. Not Applicable. 6. A statement indicating the proposed security for and guarantors of the bonds. The Series 2000 Bonds will be initially unsecured, but will provide that to the extent that FPL at any time elects to have the Bonds bear interest in the long-term fixed rate mode, the Series 2000 Bonds will be secured by a separate series of FPL's First Mortgage Bonds (the "Pledged Bonds") in like aggregate principal amount issued under the Mortgage and Deed of Trust dated as of January 1, 1944 (the "Mortgage") from FP&L to Bankers Trust Company and The Florida National Bank of Jacksonville (now First Union National Bank of Florida), as trustees, as supplemented. As the holder of the Pledged Bonds, the Trustee for the Series 2000 Bonds will, ratably with the holders of all other bonds outstanding from time to time under the Mortgage, enjoy the benefit of a first mortgage lien on substantially all the properties and franchises of FPL. The Series 2000 Bonds will not be guaranteed. 7. A statement describing the proposed method of selling the bonds. The sale of the Series 2000 Bonds will be underwritten by nationally recognized investment banking firms and offered for sale to institutional and other qualified investors. 8. Audited financial statements (including balance sheet, income statement, statement of changes in financial conditions, and all accompanying notes) of the applicant, parent company (if any), and bond guarantors for the preceding three years. Attached as Annex I. 9. If the applicant has been in business for less than three years, pro-forma statements covering the three years following commencement of operation of the project. Not Applicable. 10. If the application is for a new venture project and institutional guarantees are not available sufficient to render the bonds investment-grade quality, an independently prepared feasibility report on the project. Not Applicable. 11. A statement describing the expected economic impact of the project, including existing employment preserved, new jobs created, approximate annual wages to be paid for new jobs created, and new capital investment. Refinancing will enable FPL to lower its electric rates to the citizens of St. Lucie County and enhance the continued viability of the project originally financed with the bonds which are to be refunded. That project currently employs approximately 962 people in St. Lucie County, which level of employment is expected to be continued following the issuance of the Series 2000 Bonds. 12. A statement describing the zoning, land use, and other laws, ordinances, rules and regulations affecting development of the project. Not Applicable. The project which was developed with the proceeds of the Bonds to be refunded has been completed. 13. A statement indicating the availability or method of providing water, sewer and other necessary services for the project. Not Applicable. The project which was developed with the proceeds of the Bonds to be refunded has been completed. 14. A statement describing the effect of the project on the local community, and in particular the environmental impact of the project. Not Applicable. The project which was developed with the proceeds of the Bonds to be refunded has been completed. I hereby certify (a) that I am authorized to submit to the Board of County Commissioners of St. Lucie County, Florida, this application for the issuance of industrial development revenue bonds; (b) that I have reviewed the Guidelines and Procedures for the Issuance of Industrial Development Revenue Bonds in St. Lucie County and have determined that this application and the project contemplated hereby meet the requirements set forth in such Guidelines and Procedures; and (c) that the information contained in this application is true, correct and complete to the best of my knowledge and belief. FLORIDA POWER & LIGHT COMPANY By: Treasurer STATE OF FLORIDA SS: COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of M.ci..d'C~ 2000, by ~ ~T ~.. (' the "t' ~• ~,QSV ~(` ~(` of FLORIDA POWER & LIGHT COMPANY, a Florida corporation. The foregoing individual personally appeared before me, is personally known to me or presented as identification. Notary Public Commission or Serial Number: My Commission Expires: "",,, Tracy Dao~s ~' commtsston aY 00 =il?f3 (SEAL) .s Expi ~M~y~ ~ ~Rhn-!n antes Oa, Iws. cc: Daniel S. McIntyre, Esquire County Attorney St. Lucie County, Florida 2300 Virginia Avenue 3rd Floor Administration Annex Fort Pierce, Florida 34982-5652 ~v.~ ANNEX I FINANCIAL STATEMENTS FOR FP&L ~~!~~~ ~~ ~~ C' ~~~ < <~ I~~~I~O~T ~~~ <<l (~~~' ~ ~~~ °~~..,~ ~~~ 03/10/00 S~r/L~JCIE COUNTY - BOAkD `~ t'AGg FZAB4IARR i~AfittANT L15T X24- 04-MA1t-2000 TO ~O-MAR-2000 FUNb SUMMA1tY FUND TITLE $XFISES ~Ait~OLL 001 General Fund 163,429.47 0.0(1 001001 Recreation Special gvents 1,34tl.00 O.Od 001122 CDBG--World of Plaatica 1150.00 0.0(1 001125 TC Community Action Ag@ncy FY 99/00 218:31 O.Od 001126 Section 112/MPO/Ffl41A Planning 99/00 4,466:17 0.00 001228 White City Park DFP 1,~~2.50 O.Otl 001229 FBIP Boating Related Activities 2,126.95 0.0(1 001246 99/00 Emergency Mgmt. Prep & Assist 1,82:00 0.00 001248 TDC Planning Grant FY 19/00 12.66 0.00 001252 Urban Mobile Irrigation Lab Grant ~g:27 0.0(1 001804 SFWM/SLSWCD We11 Monitoring program X8:38 O.Od 001807 Floridian Aquifer i1e11 Monitoring g$.27 O.Od 101 Transportation Trutt Fund 83fdb9:98 0.00 101003 Transportation Trust/Lbca1 Option 9,4tltl.00 0.0(1 101006 Transportation Treat/Impact Fees 350.00 O.Ot1 102 Unincorporated Servic@~ Fund 13,~1~:36 0.0(1- 102001 Drainage Maintenance MSTU 6033:15 0:0(1 105 Library Specie]. GrAnt~ Fund 968.03 0.01 105801 Gates Learning Foundation/Lib Initi 30,914:00 O.Od 107 Fine & Forfeitbre Fuhd 115~3~tl.46 0.0(1 109 Drug Abuse Fund 2,40333 O.OCJ 115 Sheraton Plaza Fund 422:89 0.0(1 116 5unland Garderi~ Fund 4~g.02 O.OC~ 117 Sunrise Park Fund 119.36 0.00 118 Paradise Park lrund 6~g.65 O.OC1 119 Holiday Pings Z~uund 68$.05 O.OC3 140 Port & Airport Fund 10,212:91 O.OU 160 Plan Maintenance RAb Fund 9,124.66 O.t)~ 183 Ct Administrator-11th Judicial Cir 6f722:73 O.Od 183001 Ct Administrat'br-Arbitbation/Mediat 310.89 O.OC1 183004 Ct Admin.- Teti Court 683.07 0.0~ 183208 Court Reported Grant-lfi-Aid 99/00 386.50 0.0~ 183209 Article V Trudt for Criminal Court 1,220.00 O.OC1 184202 Ft Pierce Inlet Mga~t I~tpletnentation 9,~fi0.82 0.0(1 184802 FIND-Spur Jett~i X30.81 O:Od 184803 FIND-Ft Piero Inlet F#ydrodynamic 6,224.40 0.00 185203 FHFA-SHIP 98/~~ 12,552.00 O.Oi'1 185204 FHFA SHIP 99/00 15,242.36 O.Od 186 Recycling Operating Fund 2,y50.97 O.Od 186203 Recycling & Education 19/00 86.95 O.Od 215 5-Yr Bldg Bond Anticipdt.I~S Fund 976,590.00 O.Od 282 Environmental Land I&5 Fund 2901105.00 O.Od 304 Communication Systete Fund 9$0.30 O.Od 310003 Impact Fees-Public Buildings 80,050.00 0.0~ 315 County Building Fund 1,82.00 O.tld. 316 County Capital 265,333:70 0.00 316001 Transportation Capital 400.00 O.OC1 382 Environmental 'Land Capital Fund ~. _. 45,605.63 O.OC1 03/10/00 '~' f,~CIL COUNTY - $OARb ''~ FAGS 2 FZABWAft~ t~ARRAi~T LAST #24- 04-MAR-2000 TO 10-MAR-2000 .~ 1~Ul~iD SUMMA1tY FUND TITL$ $tJSF5 ~AYROI.t; 392 Ideal Holding Road M5~u Capital 1;b5~.82 p. 401 Sanitary Landi~ill Fund 6,391.00 0. 418 Golf Course Fund 24,04.42 p.00 421 H.E.W. utilities Hind 1,02,[F$ 0,00 441 North Hutchinson Island utilities 61,$45.13 0.00 451 S. Hutchinson 1tilities Fund 9;x$3.23 0.00 461 Sports Comple~C Fund 19,414.65 0.00 471 Holiday Pines Utilities fund 1,~~$.95 0.00 491 $uilditig Code fund 2,04.02 0.00 501 Inforuidtion Tdchnology Fund 41,554.54 0.00 505 Health Insurance Fund 620;63.16 8;137.$ 510 Servic@ Garage Fund 6,732.29 0.00 611 Tourist Develtlptnerit Trti§t-Adv Fund 405.55 0.00 625 Law library X1.52 0.00 63o Tax Dead Overt~d Agenc~t fund 1b,121.05 0.00 GitAND 'TOTAL: 2;993,12:77 $ii3~.$~_ ~~ k { ti/ AGENDA REQUEST ~~G~6 CpGy OLRV10Q. TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRID ~F niv SUBJECT: Approval of Work Authorization #13 with LBF&H, Inc., to complete the Improvements at the Intersection of Midway Road & Glades Cut Off Road. Design of the Intersection BACKGROUND: On November 25, 1997, St. Lucie County entered into an agreement with LBF&H, Inc. Inc., to provide Continuing Engineering Services. Staff has negotiated an agreement with LBF& H, Inc. to complete the design of the Intersection of Midway Road and Glades Cut Off Road, and to replace the Assignment Authorization for this work dated October 10, 1995. To date, St. Lucie County has spent $106,721.50 on design services for this intersection and signalization plans and has spent $144,152.28 for the construction of the signal at this intersection. FUNDS WILL BE MADE AVAILABLE IN: Account 101002-4112-563003-410045 Transportation Trust Constitutional Gas Tax 101002-4112-563005-410045 Transportation Trust Constitutional Gas Tax PREVIOUS ACTION: Board Approval of original Work Authorization October 10, 1995. Board approval of Master Contract with LBF&H, Inc. on November 25, 1997. Board approval of Change Order Number 2 with the Signal Group for the signalization on December 14, 1999. RECOMMENDATION: Staff recommends that the Board approve Work Authorization #13 with LBF&H, Inc., to complete the design and permitting of the intersection improvements for the intersection of Midway Road and Glades Cut Off in the amount of $77,585.00, authorize the Chairman to sign the Work Authorization as prepared by the County Attorney, and Authorize the termination of the original Assignment Authorization with LBF&H, Inc. for this project dated October 10, 1995. COMMISSION ACTION: ~ ] APPROVED [ ]DENIED [ ]OTHER: ITEM NO. C-2a DATE: MARCH 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: ~ .~ . Scott Herring, P. Traffic Operations Section ~/M. Anderson Administrator [X]County Attorney [X]Mgt. & Budge '' \\ ~ [ ]Purchasing [X]Originating Dept. Public Works [X]Co. Eng W ~ ~ [X]Road & Bridge ~ , [ ]Finance [X]Other Barba~rta Meinhardt, Budget Coord. (check for copy only, if applicable) EXHIBIT A Vin/ MIDWAY ROAD & GLADES CUT-OFF ROAD INTERSECTION IMPROVEMENTS I. PURPOSE The COUNTY desires to supplement the original Scope of Services (previously approved on October 10, 1995) for the purpose of updating and incorporating in the design the current intersection signalization improvements, the environmental assessment and permitting. II. SCOPE OF ADDITIONAL SERVICES The work shall consist of performing additional field survey, and incorporating in the design the recent roadway and signalization improvements at the intersection. The work also includes updating the environmental assessment for the project and preparing a surface water management permit to meet current regulatory agency requirements. The work shall be completed in specific tasks as follows: Task 1: Survey Services -The ENGINEER shall re-establish the horizontal and vertical controls and the baseline of survey for the project. The ENGINEER shall perform a topographic survey of the two (2) detention pond locations and field stake to update the wetland boundaries. The survey work shall also locate the miscellaneous improvements within the project limits that has been added or changed since the previous 1995 survey and potholing to verify the location of underground utilities. Task 2: Right-of--Way Determination -The ENGINEER shall assist the COUNTY in resolving the discrepancy that exist between the right-of--way for Midway Road and the NSLRWCD Canal 103 right-of--way. This work will include the search and review of title documents. Task 3: Update of Contamination Assessment -The ENGINEER submitted in May 1996 to the COUNTY a Contamination Assessment Report that identified the potential effects of the petroleum contamination on the implementation of the project. To proceed with the design, it is necessary to update the current status of the contamination plume to determine any migration of the plume's boundary towards the work area. Phase I: To accomplish this, the ENGINEER will collect and analyze groundwater samples from five (5) existing monitor wells located outside the contamination area. If the existing wells show no movement, then the work can proceed as outlined in the previous report. \\Pc\Projects\95-0010\Scope of Services-Addl 10-IS-99.doc err' gin/ Phase II: If the groundwater analysis shows the presence of contamination, the ENGINEER proposes to install five (5) additional wells to determine the extent of the current contamination. A brief and comprehensive report which overviews the sampling activities, transmit the results of the laboratory analysis, evaluates the data and provides an update of the potential construction concerns, will be prepared for Phase Iand/or Phase II. Task 4: Update of Environmental Assessment Report -The ENGINEER submitted to the COUNTY in June 1996 a Preliminary Environmental Assessment Report which represented the conditions observed at the time since that time SFWMD adopted the Environmental Resource Permit (September, 1997). In order to proceed with the environmental permitting of the project, the ENGINEER shall: Schedule and attend apre-application meeting with regulatory agency personnel from SFWMD and USCOE to discuss current permit requirements. 2. Field stake wetland boundaries within the area of concern. 3. Conduct verification site visits with agency representatives. 4. Obtain wetland boundary survey following verification. 5. Determine actual wetland impacts based on final design of the intersection improvements. 6. Revise the Preliminary Environmental Assessment Report as necessary for submission with the Environmental Resource Permit Application. Task 5: Plans Preparation - To implement the current roadway and signalization improvements, it was necessary to shift horizontally the alignment of the intersection. This alignment shift now requires that each approach to the intersection be modified. The ENGINEER shall proceed with the design and modify the transition of pavement at each approach to compensate for the shift in alignment. The ENGINEER shall also prepare the signalization plans to accommodate the new intersection design. The signal plans shall include new loops, signal head and sign panel relocation, timing and controller modification. The design of new mast arms will not be required as part of the signalization improvements. The ENGINEER shall also provide a detailed maintenance of traffic plan and include a detour plan to be implemented during the closure and replacement of the FEC railroad crossing. Task 6: Permitting - The original Scope of Services for the project required the ENGINEER to submit to SFWMD an application for a General Highway Permit. Current regulations now require the application of an Environmental Resource Permit (ERP). \\Pc\Projects\95-0010\Scope of Services-Addl 10-15-99.doc The ENGINEER shall prepare and submit an ERP package to the SFWMD for their review and approval. Deliverables The ENGINEER will provide the COUNTY the following at the completion of these tasks: Task 1 Two (2) copies of Engineering Base Map. Task 2 Two (2) copies of Engineering Base Map with revised right-of--way shown. Task 3 Three (3) copies of the updated Contamination Assessment Report. Task 4 Three (3) copies of the updated Preliminary Environmental Assessment Report. Task 5 Plans Prepazation: Three (3) sets of blueprints of the improvements and three (3) sets of cost estimates; one (1) set of mylazs. Task 6 Permitting: One (1) copy of print documents and RFI responses: SPECIAL PROVISIONS 1. The ENGINEER shall proceed with the final design based on the conceptual plans approved by the COUNTY on September 23, 1999. The ENGINEER shall include sidewalks at the intersection where the right-of--way is available. \\Pc\Projects\95-0010\Scope of Services-Addl 10-15-99.doc EXHIBIT B COMPENSATION The COUNTY agrees to pay the ENGINEER as compensation for the additional services rendered under and described above. "Lump Sum" (LS) fees are fixed amounts to be paid in full for the service or activity indicated. "Time and Expense (T&E) fees are only estimates and are to be paid for as incurred in accordance with the attached Exhibit D, "Schedule of Hourly Billing Rates". Task 1: Survey Services $22 275 00 (LS) Task 2: Right-of--Way Determination Task 3: Update of Contamination Assessment Phase I Phase II Task 4: Update of Environmental Assessment Report Task 5: Plans Preparation Task 6: Permitting $ 1,000.00 (T&E) $ 1,500.00 (LS) $ 6,700.00 (T&E) $ 1,600.00 (T&E) $41,510.00 (LS) $ 3,000.00 (LS) \\Pc\Projects\95-0010\Scope of Services-Addl ] 0-15-99.doc ~r.+' EXHIBIT C SCHEDULE TIME AND PERFORMANCE The work associated with this Agreement shall be completed in accordance within the time frame specified in the revised schedule for the project. The tasks listed below shall be completed as follows: Task 1: 60 calendar days after written Notice to Proceed. Task 2: 90 calendar days after written Notice-to-Proceed. Task 3: * 90 calendar days after written Notice-to-Proceed. Task 4: 90 calendar days after written Notice-to-Proceed. Task 5: 270 calendar days after written Notice-to-Proceed. Task 6: 255 calendar days after written Notice-to-Proceed. * Varies: • 90 calendar days after written Notice-to-Proceed if no migration of contamination is found. • 180 calendar days after written Notice-to-Proceed if analysis finds evidence that the contamination has spread. \\Pc\Projects\95-0010\Scope of Services-Addl 10-I5-99.doc ENGINEERING SERVICES RELATED TO ROADWAY DESIGN AND PERMITTING MIDWAY ROAD & GLADES ROAD CUT-OFF ROAD INTERSECTION IMPROVEMENTS Pursuant to that certain Agreement between COUNTY and ENGINEER for Continuing Professional Engineering Services (the "Agreement") (Contract No. C97-11-187) between St. Lucie County (the "COUNTY") and Lindahl, Browning, Ferrari & Hellstrom, Inc. (the "ENGINEER") dated November 25, 1997, ENGINEER agrees to provide the Scope of Services described in Exhibit "A" for the compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit ..C.. IN WITNESS WHEREOF, the COUNTY has hereunto subscribed and the ENGINEER has affixes his, its, or their names, or name, on the dates below. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LCUIE COUNTY, FLORIDA BY: CHAIRMAN DATE: WITNESS: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY DATE: ENGINEER: LINDAHL, BROWNING, FERRARI & HELLSTRO , INC (. BY: Mart E. Sanders, P.E., Vice President \\Pc\Projects\95-0010\Scope of Services-Addl 10-15-99.doc AGENDA REQUEST ~JG~E CpGy ~ 1 '~ OR10P TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV ITEM NO. C2-b DATE: MARCH 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRE ENTED BY: J. Scott Herring, P. Traffic Operations Section Establishing the existing Traffic Circle on Evergreen Avenue in Harmony Heights as One Way. Staff received a request from the Harmony Heights home Owners Association to investigate the possibility of making the existing traffic circle on Evergreen Ave (see attached map) a one way traffic circle. The request is for the traffic on the southside of the circle to be one way eastbound and the traffic on the northside of the circle to be one way westbound as per the attached letter and petitions from the Harmony Heights Homeowners Association. After a thorough investigation of the existing geometry and traffic volumes. Staff has determined that establishing the Evergreen Avenue traffic circle as a one way roadway will not create any safety problems or increase congestion in the area. Additionally, staff posted a public notice sign about the proposed change to a one way roadway to inform the residents of the area. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt Resolution Number 00-55 establishing the Evergreen Avenue traffic circle as a one way road. ~] APPROVED [ ]DENIED [ ]OTHER: - Do Co [X]County Attorney [ ]Mgt. & Budge ~ [X]Originating Dept. Public Works ~ (X]Co. Eng . Anderson ministrator [ ]Purchasing [X]Road & Bridge [ ]Finance (check for copy only, if applicable) RESOLUTION NO. 00-55 A RESOLUTION ESTABLISHING THE SOUTHSIDE OF EVERGREEN AVENUE TRAFFIC CIRCLE AS ONE WAY EASTBOUND AND THE NORTHSIDE OF THE EVERGREEN AVENUE TRAFFIC CIRCLE AS ONE WAY WESTBOUND IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations, 1. Section 316.008(1)(d), Florida Statutes, authorizes the Board to designate particular highways or roadways under its jurisdiction for use by traffic moving in one direction. 2. The Evergreen Avenue Traffic Circle is under St. Lucie County's jurisdiction. 3. After conducting a study on Evergreen Avenue, the Road & Bridge Division of the Public Works Department of St. Lucie County has recommended that the southside of the Evergreen Avenue Traffic Circle as one way eastbound, and the northside of the Evergreen Avenue Traffic Circle as one way westbound. The Engineering Division and the Sheriffs Department have concurred with the recommendation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County Florida: 1. The southside of the Evergreen Avenue Traffic Circle as one way eastbound, and the northside of the Evergreen Avenue Traffic Circle as one way westbound. 2. The St. Lucie County Road and Bridge Manager is hereby directed to erect one way signs on the Evergreen Avenue Traffic Circle. 3. The County Administrator is hereby directed to provide copies of this resolution to the Sheriff of St. Lucie County and the St. Lucie County Road & Bridge Manager. fir` BY: After motion and second the vote on this resolution was as follows: Chairman John D. Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Paula Lewis Commissioner Doug Coward PASSED AND DULY ADOPTED this 14th day of March, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY HAF~IVIONY HEIGHTS, H, O.A. Tommy Effend, President November 2,1999 Commissioner John Bruha and I met and did a drive through inspection of Harmony Heights on Thursday, October 21,1999. I gave Commissioner Bruhn a list of improvements that need to be done immediately. 1. Pave S.W. Drive. 2. Build up all streets with shell rock, until streets can be paved. 3. CIean-out all ditches, so that water will drain -off properly. 4. Improve lighting on all streets, poor visibility. 5. Make circle one way, northside going west, southside going east. (Between 48th and 49th street and Evergreen Avenue). 6. Code Enforcement: Keep vacant lots cleaned and cut back on a regular basis. 7. Grade streets regularly to prevent holes in the streets, so that water will run off into the ditches on the side of the streets. Commissioner Bruhn will come back at any time the Community call on lum, We need to continue to send him all improvements needed on a regular basis. I will keep everyone informed on the dates and times of the Homeowner's meetings. Thank You, Tommy Effend, President Harmony Heights H.O.A. ~„ r' 1~1i4R1tIONI' HEIGHTS Fort Pierce, FL November 10,1999 To Whom it May Concern: `~r/r Harmony Heights Taxpayers Associates request that the circular street {Evergreen Avenue) between 49~` Street and 48t~ Street be made one-way. 1. Northside of Evergreen Avenue, one way going West. 2. Southside of Evergreen Avenue, one way going East. Street Lights need up-grading to prevent crime etc... in our area. Most street lights do not give enough light, making it unsafe to walk afEer dark. We are also, requesting Southwest Drive to be paved. All other streets are to be build up with shell rock, until they can be paved. Dig and maintain drainage ditches, so that standing water can drain off the Streets. The County started cleaning out exiting drainage ditches, but stopped at 49t~ street. The homeowners that signed support the above requests. v 4. s. ~~ 6. 7. 8. 9. G 10. 6s 11. ~!~ 12. ~` 13. 14. 1s. 16. 17. 1 S. 19. 20. ~.. ~,SG~'a~; •~; A / ~il~°~S ~" ___. ~/n.~~: % /f U~~ ~~J rP c3~ ~~~~' ~'+ Q, ~ cue ~° 6~ 3~1~~~ ~7s~~.~z ~~.~'Z~ NA.A~E _ ADDRESS PHONE # 1VAME ADDRESS 'HONE # ~~ 4. /mil In L ~~h ~~/ L~Y~ ,~C~1-r~ ~ ~(/~ 7~j ~ r ~ (~ ~. 8. 9. 10. l I. I2. I3. 14. 15. 16. 17. 18. 19. 20. NA1~f~ 1. 2. 3. 4. -" s. :~ 6. -.` 7. 1~., 8. ~ f' 9. ~``~ 10. , 11. 1~`V 12. ~.-..:;rl 13. ~~ 14. '~~' zs. ~~ 16. ~~~~~ 17. 18. (`r,.~. 19. , r -~ ~; ,. 20. ~~~<~ '1r.i ADD~?,~S,S .; PHONE # ~ u `7 - ,, N`~ ~ -:,~ F-t ~ ... ~~` ~- ~~~~~~ Cy ~~3 `_ ~ Fl :... T~ / 1 Lf %;~-.~~CcJ _7~ ~tl~ r .~,~,:~~r -rte ,~ h~JG~6 CpGy~ ~. ~ 1 '~ OR1~Q' AGENDA REQUEST ITEM NO. C-2c DATE: MARCH 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: ~'J. Scott Herring, P. E." Traffic Operations Section SUBJECT: Approval of Roadway Lighting System and Maintenance Agreement, and Approval of Resolution No. 00.59 authorizing the Chairman to sign the Agreement. BACKGROUND: The Florida Department Of Transportation (FDOT) is proposing to resurface King's Highway (SR 713) during FDOT's fiscal year 2000/2001. As part of this resurfacing, the FDOT is proposing to install approach street lighting on the approaches to the intersection of SR 70 and Angle Road where they intersect with SR 713. The FDOT is proposing to add a total of 10 (ten) new streetlights on SR 713. The FDOT is requesting that St. Lucie County enter into a maintenance agreement where the County will be responsible for the maintenance and electric bills for these streetlights. The cost to the County will be approximately $100.00 per month in additional electric bills. It should be noted that beginning in FY 2003, it is anticipated that the FDOT will have agreements with the County to begin reimbursing the County for Maintenance and Electric costs associated with both traffic signals and streetlights on the State Highway system. The current timeline calls for 25% of the County's costs to be covered in the first year, and increasing the amount by 25% per year until the County's costs for traffic signals and streetlight on the state highway system is reimbursed. FUNDS AVAILABLE: 101-4109-543020-400 - Streetlight/Utilities RECOMMENDATION: Staff recommends that the Board approve Resolution No. 00.59 authorizing the Chairman to execute the Roadway Lighting System Maintenance Agreement as approved by the County Attorney. [x] APPROVED [ ]DENIED [ ]OTHER: ~ Do Co [X]CountyAttorney ~~~ [X]Mgt. & Budge ~f' (X]Originating Dept. Public Works [X]Co. Eng [X]Finance (check for copy only, if applicable) ~ ~. .Anderson Administrator [ ]Purchasing [X]Road & Bridge `~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. Ito-oto-52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT ";;'~9 Financial Project ID: 230279-1-52-01 Federal Project ID: Work Program Item No.: 4119379 County/Section No: 94003-6509 State Job No.: 94003-6509 District Document No: THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and St. Lucie County , hereinafter referred to as the "MAINTAINING AGENCY"; WITNESSETH: WHEREAS, there exists or is about to be installed on the state highway system a lighting system more particularly described in Exhibit A attached hereto, and by this reference made a part hereof, hereinafter referred to as the "Roadway Lighting System"; and; WHEREAS, the FDOT and the MAINTAINING AGENCY desire to enter into an agreement pursuant to the provisions of Rule Chapter 14-64 of the Florida ,administrative Code providing for the maintenance of the Roadway Lighting System; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the MAINTAINING AGENCY hereby agree as follows: ~. Maintenance of the Roadway Lighting System a. The MAINTAINING AGENCY shall, at its sole cost and expense, maintain the Roadway Lighting System throughout its expected useful life. b. In maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall perform all activities necessary to keep the Roadway Lighting System fully and properly functioning at all times for its normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Said maintenance shall include, but shall not be limited to, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Roadway Lighting System (including the poles and any and all other component parts installed as part of the Roadway Lighting System), and the locating of facilities as may be necessary. c. All maintenance shall be in accordance with the provisions of the .r~/ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. Ito-ot0-52 Ulildies ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT ,,.99 d. Perform any work with its own forces or through contractors and seek repayment for the cost thereof from the MAINTAINING AGENCY. e. Require the MAINTAINING AGENCY to remove the Roadway Lighting System at the MAINTAINING AGENCY's sole cost and expense. 5. Indemnification For Government MAINTAINING AGENCY: To the extent provided by law, the iVIAIN7AINING AGENCY.shall indemnify, defend and hold harmless the FDOT and all of its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, action, error, neglect or omission by the MAINTAINING AGENCY, its agents, employees, or subcontractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the MAINTAINING AGENCY, its agents, employees nor subcontractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers agents or employees during the performance of this Agreement. ~/11hen the FDOT receives a notice of claim for damages that may have been Caused by the MAINTAINING AGENCY in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the MAINTAINING AGENCY. The MAINTAINING AGENCY and the FDOT ~nrill evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation oft.hQ A,'lgl~TAININ~ A~GEi~1~CY,in the~dpfig~ris~ of.the Clair-zi or to-.regl~ire the 11AAINTAINING ~-GENCY to defend the FDbT in such claim as described in this section. ~ The FDOT's failure to notify the MAINTAINING AGENCY of a claim shall not release the MAINTAINING AGENCY from any of the requirements of this section. The FDOT and the MAINTAINING AGENCY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. For NON-Government MAINTAINING AGENCY: The MAINTAINING AGENCY shall indemnify, defend and hold harmless the FDOT and all of its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, action, error, neglect or ~4rr/ Form No.710-010.52 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Utilities RC)ADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT „~9 that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the MAINTAINING AGENCY and the FDOT may have entered into joint agreements for Utility Work to be performed by FDOT's highway contractor. To the extent that such a joint agreement exists, this Agreement shall not apply to Facilities covered by the joint agreement. . Copies of FDOT manuals, policies, and procedures will be provided to the MAINTAINING AGENCY upon request. t,. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful Ur une~forceable ~"iall be severable and shall not affect the validity of the remaining provisions hereof. c. Time is of the essence in the performance of all obligations under this Agreement. d. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the. proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING"AGENCY shall have a continuing obligation to notify each District of the,FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the. following addresses: If to the MAINTAINING AGENCY: Mr Scott Herring, Traffic Enqineer St. Lucie County, 2300 Virginia Avenue. Ft. Pierce. FL 34986 If to the FDOT: Ft Pierce Maintenenace Enqineer, Butch West, FDOT Ft. Pierce Operations Center, 3603 Oleander Avenue, Ft. Pierce, FL 34982-6594. 8. Celrtification This document is a printout of an FDOT form maintained in an electronic format anti all revisions thereto by the MAINTAINING AGENCY in the form of additions, deletions or substitutions are reflected only in an Appendix entitled "Changes To Form Document" and no change is made in the text of the document itself. Hand noi:ations on affected portions of this document may refer to changes reflected in that above-named Appendix but are for reference purposes only and do not ch~~rige the terms of the document. By signing this document, the '`nr~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. Ito-Ot0.52 Ulililles ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT „~ MAIIVTAINING AGENCY hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled "Ch~inges To Form Document." IN WITNE~~S WHEREOF, the parties hereto have executed this Agreement effective the day anti year first written. MAINTAI~JING AGENCY: St Lucie County BY: Lignature) DATE: (Ty~ied Name: ~ Recommend Approval by the District Utility Office ~:;~DOT Legal Review BY• jSigr~ature) DATE• _, District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: ~~ature) DATE: (Ty~,ped Name: ) (Typed Title: ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: DATE: (Typed Name: ) (Typed Title: ) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RESOLUTION UTILITY AGREEMENT FORM 710-010-13 UTILITIES 1o~se FPN COUNTY S.R.# FAP NO. WHEIREAS, the State of Florida Department of Transportation, hereinafter referred to as the "FDOT", proposes to construct or reconstruct a transportation facility identified above, hereinafter referred to as the "Project"; and WHEREAS, in order for the FDOT to proceed with the Project, it is necessary for St. Lucie Count hereinafter referred to as the "UAO", to execute and deliver to the FDAT the agreement identified as Roadway Liahtina System Maintenance Aareement) ,hereinafter referred to as the "Agreement"; NOW', THEREFORE, BE IT RESOLVED BY THE UAO: That (Name) , (Title) be hereby authorized and directed to execute and deliver the Agreement to the FDOT. A certified copy of this Resolution be forwarded to the FDOT along with the executed Agreement. ON (MOTION of ,seconded by ,the above resolution was introduced and I~aSSed by the UAO on the day of ,2000 NAME: Title: ATTEST: Title: RECYCLED PAPER ®~ ~ ' ti STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 710-010-13 RESOLUTION "T" o~~ UTILITY AGREEMENT FPN COUNTY S.R.# FAP NO. WHEIREAS, the State of Florida Department of Transportation, hereinafter referred to as the "FDOT", proposes to construct or reconstruct a transportation facility identified above, hereinafter referred to as the "Project"; and . WHEIREAS, in order for the FDOT to proceed with the Project, it is necessary for St. Lucie County. hereinafter referred to as the "UAO", to execute and dPlivpr to the° =DOT the agreement identified as Roadway Lichting System Maintenance Agreement) ,hereinafter referred to as the "Agreement"'; NOW, THEREFORE, BE IT RESOLVED BY THE UAO: That i;Name) ,('Title) be hereby authorized and directed to execute and deliver the Agreement to the FDOT. A certified copy of this Resolution be forwarded to the FDOT along with the,executed Agreement. ON IiAOTION of ___, seconded by ,the above resolution was introduced and passed by the UAO on the day of _~ , 2000 NAME: Title: ATTEST: Title: RECYCLED PAPER ®j AGENDA REQUEST ~JG~6 CpGy ~. ~ '~ ORIOP TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV SUBJECT: Purchase of 60" Dixie Chopper Mower & 6' x 10' Trailer ITEM NO. C 2d DATE: March 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PR ENT D BY: P. M. Bowers, Manager Road & Bridge Division BACKGROUND: As part of the maintenance of roadside vegetation, Road & Bridge is required to mow the added maintenance are~~s along several new roadways. At present these rights-of--way have to be mowed by hand with a smaller push mower (example: Edwards Rd, Open areas, Medians, etc.). The new mower will allow medians, sidewalks and retention areas to be maintained more efficiently and safer with increased frequency and less manpower. The trailer will be used to haul the mower to each location. This mower can k-e purchased off the Florida State Contract 515-630-00-1 from a local vendor. Funds are available frorri the savings on the purchase of a used motor grader (EQ00-133) this year and will not require any transiFers. FUNDS AVAILABLE: 1 01-41 1 0-564000-400 PREVIOUS ACTION: N/A RECOMMENDAI"ION: Staff recommend: that the Board of County Commissioners grant approval for purchase of a new mower, EQ00-204 and tr~~iler, EQ00-203. COMMISSION AI~TION: ~] APPROVED [ ]DENIED [ ]OTHER: e Coordination/S i a nat u res [X]County Attorney [X]Mgt. & Budge [X]Public Works % ~ [ ]Co. Eng [ ]Finance M. Anderson Administrator [X]Purchasing [ ]Road & Bridge (check for copy only, if api~licable) a. 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L rn ; rn of ; of of ~ of ^ (~ ~ ^ ~ ~ ~ ~ ~ ~ 'i ~ ~ ~ ~ ~ O~ F - ~ a Q~ ~ ~~ t0~ c0 ~~ ^ L N ~~a ~ ~ ~~~ ~ °° s .. ~ ~ ... ~ W.~ ~ ~ __ o ~ rn E o~ o o' o o~ o~ ~ ~ G ~ ~ ~ 1 ~~ o' o; o 0 0 o ^ ~ a ~~ .~. _.... , .._~ __ ....__~ ...... a Z V N l N N O N' N p N E ~ __.._.., t , .. ......, __ ......_. __...._.~ ^ J C O. O~ O N N_ O O. ~_ N N N E N' N N- 8 W ca c y ~ v:v v~ v _v v~ ~ G C Y N' N fC9 N N fC0 ~ ~ W 'rn to E, E E E E~ E ~ w~ ~ ~~c~:3~3 ~lc~ _._..._.._.. ~..~ " . ' . __E ..... (O ~ (00 (00 fO0 i (p0~ +y. ~ l O ~ O~ O M M ~ ~ N N N N N N # ~ X~ X X X' X X a N 7 N O O M N W O N RAY'S SMALL ENGI~REPAIR ~' Inv ICe "HOME OF THE DIXIE CHOPPER" j DATE ~ wvolcE # 1479 S.E. VILLAGE GREEN DRIVE - -- --- - -_______ _ ~ 3 X23 "00 ~ F 1459613 PT. ST. LUCIE, FL. 34952 __ , _ 561-335-9070 FAX 561-335-7190 BILL TO ~'~ P.O. NUMBER ~ TERMS REP ~ SHIP ~ VIA F.O.B. i PROJECT ~ ~ it ~~3r00 ~ ~ ~~ QUANTITY i ITEM CODE I: k"VJ2200-60 BID ASSIST IPTION ~ PRICE EACH ' AMOUNT THIS IS ONLY A QUOTE ii THIS IS NOT AN INVOICE DO NO AY ii DIk'IE CHOPPER 9.830.00 9.830.00 ~i -1,966.00 ~ -1966.00 E'V'E II~'~VE BEEN AWARDED THE STATE CONTRACT FOR THE DIXIE CHOPPER. "IHERFFORE NO NEED TOGO OUT FOR BID. HOWEVER IT VVII,L BE A COUPLE WEEKS BEFORE THE PAPER WORK WILL BE ';COMPLETED iSALESfAX ~, 6.~U°'o U.UU Total ONES ~Q,UIPI~ENT 455 Hwy. 441 S.E. Okeechobee, FL 34974 Phone: (941) 763-5342 Fax: (941) 763-1912 SALES ORDER CwTOwrA OwOtw No. DAT[ r~_a4/-oo Twx ExsMrr Na >fAL.uriRWN ~ ' -~ DL r ter D.o.e. D~ r ~o D.o.e. Sty TOC T v ~ (~ •UANTITY STOCK #- DE>iCRIPTION AMOUNT ~ ~ c;` w G'l ~(' .V (C -P ~ o ~ OCR /~ ~ V e U-~ i r' e S G~ r'~ c.J In L° L° I . r-ec~ ~ ~ ~~' e-C.~~-e - oo ~ ~X F3 ~ ~4b V ~ ~ . ~ ' Lc~ c~ ~ ~~ ~ ~ r Co f ©~ Q (c~~~ ~ I r SALES TAX GK~°~~ TAG FEE TITLE FEE TEMP TAG I aC~ ~ e~s~ ~. ~ ' TOTAL g~o ~ecavm ~Y' DwTc ~II/' PRODUCT 6580 0 CUSTOMER'S ORDER NO. . M _~ ADDRESS- CITY SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT QUANTITY DESCRIPTION PRICE AMOUNT 1 t] ~ ^~ d V 2 3 4 5 6 7 8 9 10 11 12 13 14 --- SALES TAX ALL claims and returned goods MUST be accompanied by this bill. TOTAL Received by FORM 6580. RAPIDFORMS, INC.: TO REORDER CALL 800-257-8354 80691 RapidForn~ 1-800-257-835- ~ Fod d CArw Otrorpeas 46t •1193 MEL RA BOAT TRAILER SALES INC. AND ACCESSORIES MANUFACTURED IN FORT PIERCE 318 So. U.S. 81 FT. PIERCE, FL 34950 Mating Address: 309 South Third Street Fort Pierce, Florida 34950 J Indian River Trailers`' 4256 N ~ U.S. 1 Ft. Pierce, FL 34946 (~~i) 460-9200 ~/ ~ C ; ~ ~- - ~ ~ .. ( ) - ~ ~. Year Make Size Color ID Number r .~ GVWR Empty Weight . Qty, Description Price 1 Trailer -~ D '~ Spring Assist Rear Door Side Door Roof Vent ~ ~ S, S ~ :~ ~« ~- -. ~ G C- S ~ L-( P ~~ e C ~~~ - ~ Subtotal _ ~` .~ ~ ~ Tax Total Deposit Balance Due Date Sued Buyer's Si~atit~e Date Si~ Seller's S' ~ ~ ~ ~ O a ~ WoQ a ~ Qoz w ~ ~ Q w o °w ° o z o ¢ o ~ ~ ~ Z o W 3 W Z c W >- W >- W Z ~ ~ y W W -r W uj o .' h W Q V~ c i w c i~ ~ Q ~ OC ~ V p ~ ~ Z Q Oyu ~ a ~a~~ Quo c~} ~ J W w ~ ~wwW W J Z~ m ~ ~Q Z V o 3 w ~aQ Q~ z o ~ z ~ N W ~ ? W~ W W H C~ a, LL ~ O ~ ~ ~ ~ Q I=mo- Q W ~ Z ~ U O v p O ~ Q W Z Z p= Q Q W ~ = Q o0 C1 wm~W ~ ~ W ~ ~ ~ Z H ~ Z W 3 ~ = ~ ~ Z ~ V ~ ~- O 3 pWp ~ ~ W ? ~ O W Z _ V~ p W Z Q J W W ~ Q~~ ~: N 3 ~ ~_ } w ~ ¢ ~ ~ w o ~ w o ~ ~ v, W a o ~ ~ ~ Z O ~ o ° w = o 3 ro W ~ ~ ~ ~ o J ~ k O coo ~ tq Q Q ~? W ~ O op a Q °~ ~ ao ~ W ~tiQm ~ w a w w z o ' 0 a z ~ z ~ a w ~ W a a ~ o~ w 0 ? o ~ w > m > ~ WI ~rr'' 'rr W O O Q W m °o ~ ~ 2 0 0 ~ 2 ~ ~ ~ o r- OC ~ ~ 3 Q Z ~' 0 W C7 N ~ w W ¢ O r ~ ~ V = m I- C9 Q W J ~ Iz_- C~ } a w ~ ~ ~ k W m V w O ~ W O W ~ Z ~ Z ~ N W p ? W~ F u. > z ~ '3 'o V~ ~~ O w ~ a y O J ~ m V Q ~ ° ~ a x w Q o c c n W ~ ~ ~ w ~ ~ ~ z E- z z v~ Q ~ Q =z wa v~ °° W W ~ J ~ O H ~ W N ~ m D W J ~ J m ~ ~ O ~ ~ J O U ~ W M N J ~ J ~ O ~ Uj ~ O C'J W ~ ,~ co O ~ ~- ~ W F- (~J a' F- Z w z O a O Q ~ w ~ i ~ w LL a w ? a C='1 ~ > > w 0 o w m -~ w AGENDA REQUEST ~JG~E CpGy y '°~ OR\Oa TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PUBLI WORKS DEPT-ROAD & BRIDGE_D1~L Budget Amendment 00-120. ITEM NO. C - 2 e DATE: MARCH 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRES NTED BY: . Scott Herring, P. E Traffic Operations Section The Florida East Coast (FEC) Railroad informed St. Lucie County that the Rouse Road Railroad Crossing needed to be rebuilt in the summer of 1999. At that time St. Lucie County Road and Bridge issued a purchase order in the amount of $10,500 for the estimated cost of the rebuild of the crossing. FEC was not able to do the crossing rebuild until January of 2000. At that time, the FEC determined that additional work on the crossing would be necessary. The final bill for St. Lucie County's portion of the work is $20,644.73. There are currently insufficient fund available in the FEC Materials account to pay this invoice. Staff is requesting that the Board approve Budget Amendment 00-120 to transfer $10,145.00 from Transportation Trust Local Option Continency to fund the rebuild of this crossing. FUNDS WILL BE MADE AVAILABLE IN: 101-4110-553201-400 -FEC Materials PR VIOUS ACTION: BOCC Approval of the License Agreement with FEC for the Rouse Road Railroad Crossing on December 21, 1965. RE OMMENDATION: Staff recommends that the Board approve Budget Amendment 00-120 to transfer $10,145.00 from Transportation Trust Local Option Contingency, Account # 101003-9910-599100-800 to FEC Materials, Account # 101-4110-553201-400. [x] APPROVED [ ]OTHER: i [X]County Attorney [ ]DENIED [X]Originating Dept. Public Works~L~L- [X]Finance (check for copy only, if applicable) Do gla M. Anderson Cou Administrator Coordination/S iy natures [X]Mgt. & Budget Purchasing [X]Co. Eng~~ [X]Road & Bridge [X]Other B^rb^r^ Meinh^rdt Bug n ~ -oor "• B~,1GET AMENDMENT REQUEST FA . REQUESTING DEPARTMENT: OMB/PUBLIC WORKS PREPARED DATE: 03/02/00 AGENDA DATE: 03/14/00 TO: 101-0000-312425-000 LOCAL OPTION FUEL TAX 2-CENTS $10,145 101-4110-553201-800 ROAD MATERIALS-FEC RR $10,145 FROM: 1 01 003-41 1 3-31 2425-400 LOCAL OPTION FUEL TAX 2-CENTS $10,145 101003-9910-599100-800 PUBLIC WORKS CONTINGENCY $10,145 REASON FOR BUDGET AMENDMENT: TO PAY FLORIDA EAST COAST RAILROAD BILL FOR RR CROSSING WHICH CAME IN HIGHER THAN ORIGINALLY BUDGETED. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # 8~ INPUT BY: $115,000 $10,145 $104,855 00-120 G:\BUDGETOUATTRO\GENERAL\FORMSWMENDMOO.wb3 03/08/00 ITEM NO. C- fit' DATE: 3-14-00 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS PRESlE; BY: SUBMITTED BY (DEPT): SOLID WASTE DIVISION ~ , Leo J. Cordeiro Solid Waste Manager SUBJECT: Public Notice for the Solid Waste Full Cost Accounting for Fiscal Year 1998-1999. BACKGROUND: Pursuant to Rule 62-708, Florida Administrative Code (FAC), we are required to notify all users of the full cost incurred by St. Lucie County for providing solid waste management services. FUNDS AVAILABLE: 401-3410-549000-300 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commissioners authorize the Solid Waste Division to publish, in a newspaper of general circulation, as required, the Solid Waste Full Cost Accounting Report for Fiscal Year 1998-1999. ,~ COMMISSION ACTION: ®APPROVED O DENIED O OTHER: County Attorney: Originating Dept:,~Pub Wks.) Review and Approvals ~-Management and Budget:~~'~~=.-. '.- ~ -. q-- Other: (Landfill) I (~/ ~ O Finance: Check for copy only, if applicable: Anderson Administrator O Purchasing: O Other: H:\WIN\WP\AGENDA\fullcost3. wpd Notice of Public Disclosure of the Full Cost of Solid Waste Management within the County of St. Lucie, Florida for the Fiscal Year 1998-1999 Pursuant to 62-708 Florida Administrative Code RESIDENTIAL: Cost per Unit Collection: (1) $ N/A Disposal: (2) $ 34.33 Recycling: (3) $ •76 NON-RESIDENTIAL: Cost per Unit ** Collection: (4) $ N/A Disposal: (5) $ 15.54 Recycling (6) $ N/A *Residential Unit =Per Household **Non-Residential =Per Ton (1) County Landfill tipping fees have no effect on the collection cost charged to residential customers. (2) Includes the Unincorporated Urban Service Area (UUSA) and the City of Pt. St. Lucie. (3) For the UUSA, City of Ft. Pierce and City of Pt. St. Lucie. (4) Service not provided by County - Up to the individual and their hauler. (5) An average cost per ton for UUSA and Pt. St. Lucie; Ft. Pierce hauls to Okeechoee County. (6) Service not provided by the County. h~J~\E ~OGy~ '~ OR1~P AGENDA REQUEST ITEM NO. C-2g DATE: March 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 ~z -t o ald , P.E. my gin er SUBJECT: River Branch Estates MSBU -Interlocal Agreement with the ity f Port St. Lucie to Provide Potable Water BACKGROUND: Attached to this agenda is a copy of an Interlocal Agreement with the City of Port St. Lucie related to the River Branch Estates MSBU. Under the Agreement, the County will create the River Branch Estates MSBU to levy a special non-ad valorem assessment to pay for a project to provide potable water service to the River Branch Estates Subdivision. St. Lucie County will design and install the system necessary to provide the water service and turn the system over to Port St. Lucie Utilities upon completion and acceptance. St. Lucie County will provide the means to finance the project which will be paid off by an assessment levied on properties within the River Branch Estates MSBU. FUNDS AVAIL.: N/A PREVIOUS ACTION: June 2, 1998 -Board created the MSBU and authorized the County Engineer to proceed with engineering and design of the project and to prepare an agreement with the City of Port St. Lucie. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Interlocal Agreement with the City of Port St. Lucie to provide potable water to the River Branch Estates Subdivision and authorize the Chairman to sign the Agreement. COMMISSION ACTION: [ ~] APPROVED [ ]DENIED [ ]OTHER: u [x]County Attorney [x]Public Works Dir [ ]Finance Coord I nationlSiilnatu res [ ]Mgt. & Budget [x ]Co. Eng ~~ ~w Anderson Administrator [ ]Purchasing [ ]Other cc: OMB Manager Finance Director INTERLOCAL AGREEMENT POTABLE WATER SERVICE RIVER BRANCH ESTATES MUNICIPAL SERVICES BENEFIT UNIT THIS INTERLOCAL AGREEMENT is made and entered into this day of 1999, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and the CITY OF PORT ST. LUCIE, a Florida municipal corporation (the "City"). WHEREAS, on June 28, 1994, the City and the County entered into an Agreement of Transfer whereby the County transferred ownership of a County water, wastewater, and propane utility system to the City (hereinafter referred to as the "City Utility System"); and WHEREAS, the Agreement of Transfer provides that the County has the right to create special assessment districts to construct line extensions to the City Utility System to provide utility services to residents in unincorporated portions of the City Service Area and the City has agreed to cooperate with the County to provide utility services to these special assessment districts by entering into separate agreements for each such district in accordance with the Agreement of Transfer and the City Uniform Extension Policy; and WHEREAS, the County has created a special assessment district in the nature of a municipal services benefit unit to fund the cost of providing potable water service to be provided by the City Utility System to the River Branch Estates Subdivision in unincorporated St. Lucie County (the "River Branch Estates MSBU"). NOW THEREFORE, for and in consideration of these premises, the parties hereto agree as follows: -1- . ~ fir' 1. Definitions. The definitions set forth in the chapter entitled "Public Utilities" found in the Port St. Lucie City Code shall apply in this Agreement unless otherwise specified below; provided, however, that for purposes of this Agreement the County shall be considered a "Developer" or "Customer" thereunder except that pursuant to Section 5.4(b)(iii) of the Transfer Agreement, the County is not required to pay Guaranteed Revenues. The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement and apply unless the context indicates a different meaning. (A) "Service" - The readiness and ability by the City to furnish. water to the River Branch Estates MSBU. (B) "Point of Delivery Collection" - The point where the pipes of the utility are connected with the pipes of the Property Owners. Unless otherwise indicated, the point of delivery shall be at a point on the Property Owner's lot or property line. (C) "Property Owners" - The owners of record of the real property within the River Branch Estates MSBU and their respective successors or assigns. (D) "Contribution-in-Aid-of-Construction" - The sum of money, and/or property, represented by the value of the water distribution system constructed by the County, which the County covenants and agrees to pay or deliver to the City, as a contribution-in aid-of-construction, to induce the City to continuously provide water service to the Property. -2- 2. Payment. In accordance with the Agreement of Transfer and the City Uniform Extension Policy, the County agrees to pay the water capital charges, inspection fees, review fees, and processing fees from the proceeds of a special non-ad valorem assessment to be levied on the properties within the River Branch Estates MSBU. The Property Owners shall be responsible for the payment of all other applicable fees in accordance with the Agreement of Transfer and the City Uniform Extension Policy. 3. Easement and Rights of Access. The parties agree that all facilities necessary to provide water service to the River Branch Estates MSBU will be located in public easements dedicated to public use in the record plats. The County agrees that the public easements include the necessary right of ingress and egress to the property lines of the lots in the River Branch Estates MSBU. If necessary, the County agrees to assist the City in obtaining any easements rights of access necessary to provide water service from the Property Owner's lot lines to the customer service connections. The County further agrees that the City will be under no obligation to provide water service to any customer who fails to give the City such access easements, if any. The City hereby agrees that they will use all easement grants in accordance with the established and generally accepted practices of the water industry with respect to the installation of all its water facilities in any of the easement areas. 4. Provision of Service Upon the accomplishment of all the prerequisites contained in this Agreement to be performed by the County, the City covenants and agrees that it will allow the connection of the water distribution facilities installed by the County to the central water facilities of the City in accordance with the terms and intent of the Agreement. Such connection shall be in accordance with rules and regulations of the Department of Health and the Florida Department of Environmental Protection. The City agrees that once it provides water service to the River Branch -3- . ~ Estates MSBU and has connected customer installations to its system, that thereafter, the City will continuously provide, in return for payment of all applicable rates, fees, and charges b.y the Property Owners and in accordance with and subject to the other provisions of this Agreement, and of applicable laws, including rules and regulations and rate schedules, water service to the River Branch Estates MSBU in a manner to conform with all requirements of all governmental agencies having jurisdiction over the water distribution operation of the City. 5. Design. Review. Construction. Inspection and Conveyance Facilities 5.1 To induce the City to continuously provide the River Branch Estates MSBU with water services, the County hereby covenants and agrees to pay for the construction and to transfer ownership and control to the City, as a Contribution-in-Aid-of- Construction: (a) the on-site water distribution system (the "On- Site Facilities"), and (b) the off-site water distribution system, together with all appurtenances thereto from the River Branch Estates MSBU to a point of connection with existing City mains (the "Off-Site Facilities"), both as more particularly shown in the original plans and specifications to be prepared by Culpepper & Terpening, Inc. and as the same may. be revised prior to final approval (the "Plans"). 5.2. The County shall pay the City to review engineering plans and specifications of the type and in the form as prescribed by the City, showing the Off-Site and On-Site Facilities proposed to be installed to provide service to the River Branch Estates MSBU. All construction of utility facilities, whether on-site or off-site, whether conveyed to the City or not, shall be in accordance with the Plans. The City will advise the County's engineer of any sizing requirements as mandated by the City's system extension policy and utility standards for the preparation of Plans and specifications for facilities within the River Branch -4- . ~ Estates MSBU. The County shall be entitled to "third party pay backs" for any over sizing required by the City in accordance with the City Uniform Extension Policy. The Plans and specifications shall be submitted to the City. and no construction shall commence until the City has approved such plans and specifications in writing. After approval, the County shall cause to be constructed, at the County's expense, the On-Site and Off-Site Facilities as shown on the Plans. 5.3. During the construction of all On-Site and Off-Site Facilities by the County, the City shall have the right to inspect such installation to determine compliance with the Plans, adequacy of the quality of the installation, and further, shall be entitled to perform standard tests for pressure, filtration, line and grade, and all other normal engineering tests required by specifications and good engineering practices. Complete as-built plans shall be submitted to the City upon completion of construction. 5.4 By these presents, the County hereby transfers to the City title to the On-Site and Off-Site Facilities installed by the County's contractor, pursuant to the provisions of this Agreement. Such conveyance is to take effect without further action upon the review and acceptance by the City of the said installation. As further evidence of said transfer to title, and upon the completion of the installation and prior to the rendering of service by the City, the County shall convey to the City, by bilk of sale, or other appropriate documents, in form satisfactory to the City's counsel, the On-Site and Off-Site Facilities. The City agrees that the acceptance of the water distribution system installed by the County, for service, or acceptance of the bill of sale, shall constitute assumption of responsibility by the City for the continuous operation and maintenance of such systems from that date forward. 5.5 Payment of the Contributions-in-Aid-of-Construction does not and will not result in the City waiving any of its rates, -5- ~" rate schedules or rules and regulations, and their enforcement shall not be affected in any manner whatever by the County making the contribution. The City shall not be obligated for any reason at all nor shall the City pay any interest or rate of interest upon the contribution. Neither the County nor the Property Owners shall have any present or future right, title, claim or interest in and to the contributions or to any of the water or wastewater facilities and properties of the City, .and all prohibitions applicable to the County and the Property Owners with respect to no refund of contributions, no interest payment on said contributions and otherwise, are applicable to all persons or entities. No user or customer of water and/or wastewater services shall be entitled to offset any bill or bills rendered by the City for such service or services against the contributions. The County shall not be entitled to offset the contributions against any claim or claims of the City. 6. Ownership of Facilities The County agrees with the City that all water facilities conveyed to the City for use in connection with providing water services to the River Branch Estates MSBU, shall always remain in the complete and exclusive ownership of the City, and any entity owning any part of the River Branch Estates MSBU or any residence or building constructed or located thereon, shall not have the right, title, claim or interest in and to such facilities, or any part of them, for any purpose, including the furnishing of water services to other persons or entities located within or beyond the limits of the River Branch Estates MSBU. 7. Application of Rules, Regulations and Rates. Notwithstanding any provision in this Agreement and to the extent not in conflict with the Transfer Agreement, the City may establish, revise, modify and enforce rules, regulations and rates covering the provision of water and/or wastewater service to the -6- River Branch Estates MSBU. If such rules are found in conflict with the Transfer Agreement, the rule(s) shall not be enforced against the County or the Property Owners to the extent of such conflict. Such rules, regulations and rates are subject to the approval of the City Council of the City. Such rules and regulations shall always be reasonable and subject to regulation as may be provided by law or under contract. Rates charged to the Property Owners shall be identical to rates charged for the same classification of service. All rules, regulations and rates in effect, or placed into effect in accordance with the preceding, shall be binding upon the County and Property Owners, upon any other entity holding by, through or under the County or the Property Owners and upon any customer of the water and/or wastewater service provided to the River Branch Estates MSBU by the City provided, however, that the County shall be bound only by such rules, regulations and rates which relate to the construction, installation, and conveyance of On-Site and Off-Site Facilities to the City as described herein. 8. Disclaimers Limitations on Liability, County Obligations. 8.1 Sta The parties deem each other to be independent contractors, and not agents of the other. 8.2 Force Ma~eure Neither the City nor the County as to the Property Owners, shall be liable or responsible to the other by reason of the failure or inability to take any action it is required to take or to comply with the requirements imposed hereby or any injury to the other or to those claiming by or through the other, which failure, inability or injury is caused directly or indirectly by force majeure as hereinafter set forth. The term "force majeure as employed herein shall mean acts of God, strikes, lockouts, or other industrial disturbance: acts of public enemies, war, blockades, riots, acts of armed forces, militia, or public authority, epidemics, breakdowns of or damage to machinery, pumps, or pipe lines; landslides, earthquakes, hurricanes, fires, storms, -7- floods, or washouts; arrests; title disputes; or other litigation; governmental restraints of any nature whether federal, state, county, municipal or otherwise, civil or military; civil disturbances; explosions, failure or inability to obtain necessary materials, supplies, labor or permits or governmental approvals whether resulting from or pursuant to existing or future rules, regulations, orders, laws or proclamations whether federal, state, county, municipal or otherwise, civil or military; or by any other causes, whether or not of the same kind as enumerated herein, not within the sole control of either party that by exercise of due diligence the respective party is unable to overcome. 8.3. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of and shall be binding upon the formal parties hereto and their respective authorized successors and assigns. No right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a party to this Agreement or an authorized successor or assignee thereof, except that, the Property Owners and their successors or assigns shall be considered third party beneficiaries of this Agreement. 8.4. Disclaimer of Security. Notwithstanding any other provision of this Agreement, the County expressly acknowledges (a) that it has no pledge of or liens upon any real property, any personal property, or any existing or future revenue source of the City as security for any amounts of money payable by the City under this: Agreement; and (b) that its rights to any payments or credits under this agreement are subordinate to the rights of all holders of any stocks, bonds, or notes of the City, whether currently outstanding or hereafter issued. 8.5 County Obligations. The County's sole obligations under this Agreement are to (a) construct the On-Site-Facilities and Off- Site Facilities described above and convey of these facilities to the City in accordance with the terms of this Agreement, and (b) pay all fees set forth Section 2. of this Agreement. Following the -8- ~~ ~ " fulfillment of these obligations, the County shall have no further responsibilities under this Agreement. 9. Permission to Connect Recruired - Annexation/Surcharge. The Property Owners, or any occupant of any residences or buildings located thereon, shall not have the right to and shall not connect any customer installation ~co the water or wastewater facilities of the City until the City has granted approval for such connection. Pursuant to the Transfer Agreement, the City has the right to condition connection approval upon, at the option of the Property Owners, either (A) the payment of a surcharge as authorized by Section 180.191, Florida Statutes, or (B) by agreement to be voluntarily annexed into the City upon the determination to do so. 10. Covenant Not to Engage in Utility Business. To the extent not in conflict with the Transfer Agreement and provided that the City has not defaulted under the terms of this Agreement, the County, as a further consideration for this Agreement, agrees that it shall not (the words "shall not" being used in a mandatory definition) engage in the business of providing water or wastewater service to the River Branch Estates Subdivision during the time the City, or its successors and assigns, provides water and/or wastewater service to the River Branch Estates MSBU, it being the intention of the parties hereto that the foregoing provision shall be a covenant running with the land. Under said provision and also under other provisions of this Agreement, the City shall have the soli and exclusive right and privilege to provide water service to the River Branch Estates MSBU and to the occupants of each residence, building or unit constructed thereon. 12. Reservation of CaQacity. The County, on behalf of the Property Owners, has reserved 30 ERC's for water service (the "Reserved ERC's"). Provided the County (a) complies with all the terms and conditions set forth in this Agreement, and (b) complies with all the provisions of the City's applicable Ordinances, as the -9- same may be modified or amended, the Property Owners shall have the right to utilize the Reserved ERC's upon connection to the City's water systems. 13. Entire Agreement: Amendments• Applicable Law. This Agreement supersedes all other previous agreements or representations in effect between the County and the City and made with respect to the matters herein contained. No addition, alteration or variation of the terms of this Agreement shall be valid, nor can provisions of this Agreement be waived by either party, unless such additions, alterations, variations, or waivers are expressed in writing and duly executed by both parties This Agreement shall be governed by the laws of the State of Florida. 14. Notices. Any notice, report, demand or other instrument authorized or required to be given or furnished hereunder shall be deemed given or furnished (i) when addressed to the party intended to receive the same, at the address of such party set forth below, on the date hand delivered at such address, or (ii) three (3) business days after the same is deposited in the United States mail as first class mail, postage paid, return receipt requested, whether or not the same is actually received by such party, or (iii) on the first business day following delivery of same to an overnight courier, as evidenced by the sender's copy of the bill of lading issued by such overnight courier. Any party may change the address to be used for notification purposes hereunder by providing written notice thereof in accordance with the terms hereto to the other parties. If to County: With a copy to: St. Lucie County Administrator St. Lucie County Attorney 2300 Virginia Avenue, Annex 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 St. Lucie County Engineer 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 -10- `~+' If to City: City Manager 121 SW Port St. Lucie Blvd Port St. Lucie, Florida 34952 With a copy to: City Attorney 121 SW Port St. Lucie Blvd Port St. Lucie, Florida 34952 15. Recording of Agreement. The City, at the County's expense, shall cause this Agreement to be recorded with the Clerk of the Circuit Court of St. Lucie County, Florida. 16. Effective Date. This Agreement shall be effective upon filing with the Clerk of the Circuit Court of St. Lucie County, Florida, in accordance with Section 163.01(11), Fla. Stat. 17. Venue. Venue of any action to enforce the terms of this Agreement shall be in St. Lucie County if filed in state court, and in the Southern District of Florida if filed in federal court. 18. Agreement Not Waiver. No acknowledgment, recognition, operative term, or other provision of this Agreement shall operate as a waiver by either party respecting the subject matter of such provision generally and apart from water services to the Properties, nor shall any such prevision be binding upon the parties or construed as precedential in any subsequent transaction between the parties respecting water services to other real property. 19. Binding Agreement: Assignments by the County This Agreement shall be binding upon and shall inure to the benefit of the County, the City and their respective assigns and successors by merger, consolidation or conveyance. The rights held by the County under this Agreement shall not be sold, conveyed, assigned or otherwise disposed of by the County without the written consent of the City first having been obtained. The City agrees not to unreasonably withhold such consent. 20. Survival of Covenants. The rights, privileges, obligations and covenants of the County and the City shall survive the completion of the work by the County with respect to completing -11- ~ ~ the water facilities and services to any phase area and to the Property as a whole. 21. Severability If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced, and if the intentions of the parties can continue to be effected. To that end, this Agreement is declared severable. IN WITNESS WHEREOF, the parties have caused the execution of this Agreement, with the named exhibits attached, to be executed in several counterparts, each of which counterpart shall be considered an original executed copy of the Agreement. (THE NEXT PAGE IS THE SIGNATURE PAGE) ATTEST: DEPUTY CLERK a BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY ATTEST CITY OF PORT ST. LUCIE, FLORIDA / 'Z ~ ~ - '~tc~--~-~~12~ BY : /e DEPUTY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS ~~ ~~~. i CITY ATTORNEY -13- STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing day of Chairman of Florida, a personally instrument was acknowledged before me _, 1999, by the Board of County Commissioners for political subdivision of the State known to me. Print Name: Notary Public, State of Florida Commission No My Commission Expires: STATE OF FLORIDA COUNTY OF ST. LUCIE this as the St. Lucie County, of Florida who is The foregoing instrument was acknowledged before me this day of ~" 4' ~f ~~ ,~ .1s.~9~9;`~~y :T~~,~.~~ ~' ~ ~ ~I~-l ~1 i.V ~ as the Mayor of ,the City of Port St. Lucie, Florida, a municipality organized under the laws of the State of Florida, who (check one) ~ is personally known to me, produced a driver's license (issued by a state of the United States within the last five years) as identification, or produced other identification, to wit: ,, ;, ~~~ Print Name Notary Public, State of Florida Commission No My Commission Expires: OFFICIAL ~Ip;-,j,,~YSEA:. ~ I~i.?LOi~r:.; rY hr~ N(YII'iL~Z`Y FI-TBLF~.' S7'.~„~ E?F.rl •J.~f \4e'SSIJi~a SX:'..4YR. ~,2Gh-_-~` -..3 C:\JWL\INTERLOC\PSL-UTIL3.WPD -14- z- ~ ~ a}o%i 1'ESE. f.K ~ .frlC^I C_C a~~~ ~_~11 ~-0oJ'F} `• ~ ^C w WF{I7£ CITY PJ.RI( ~ - mosoa<al ~ ~ ° ` d moo .c / ~ ,(, sc~-su- - ~ aoar ca}n .~- ~ `_ OOfWl, 0.0. \ _ tsos sr `- ~ ~ ~ O%t oCJ]A1 (312-0001-000/<I ~ - - 9. a3 AC = ~ \ \ ST CUCIE COUFtTY ~ - `c"`~' `~` r2' tam-x}- (3<03-~A2-0111-OOp~) ~v ~oxi+t !<, 60 AC ~" "~ - - ~ /~--11 K ~ .. ~ `' l 6Z}~ ~ ..csw~c. iti ] 6 - h+u3-a} $ RIVER ~° "° - ~ -' „t ~ ~ a T 1. 19 1 c. n }.C r _ ~ ORI ~ c3~C]-a}oaoooon) ar T aa5 aC • ~ - 25 n } ~ 1 M~ ~~~ f anaz r ~ Za - Il .. . ... .. .r ...' ., 1 ~ 2 ] ~ ~ . ~• ! C3tsoa>roa/37 1.73 K. _ ~ .. l01 K '.:: ~ . s - ..~ 7 a ~-.. :••w•. u '_'~Y yi3r _vE tc A . ._.; _tit ~r -!+E/C x ^ _~iF1c, t % ~~.- aowao~o.31 tas.c Fes- c~.oT-st}- i. _____ ~r~- s RIVER HfJJ1.10(X I/WE s `---~----_ '~ ~as-0m.. t2 { f2T73. 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Ib - 1 1- ~ ~ .r S v 8 0 I ~ I S 1'0 x i x 0 E X Si~Iv111J. e:t+E 1.0. fE /ORE fG- 9 Cl,}IOE 6tEEr< 3tO1-701 10 9 .4. - ~+Et«'S Pltl 1.0~-YJZ + 2] 10~ /Ja1FT>'*X10 uv+pR - SfCT10+ iuO ]+a-60] 20 20 .T - t(i.~, p~ .++ITE Citr 7+a-50+ + Z.6ZG~ 11 R1YEt ~++-c.)ti~ 3a0a-702 ZS Z '-w<-bOS a la 12 alvEa wl+a-OOC i,DOlila+ ]aa-311 tsdtECDRDCD -OaOa-901 7i - ORIfi•000 au}wXi - SEC710+ iHR£E ].a -OOC Z3 ]S ~n l+Ja -tSJ.' S E4 la RP~fa EN1J1Cx ESTATES 1<a-009 ZD 2 ~..~,.~< s ao +S Sov1~R.~ o}~}c ESTATES Ica-ilo ~o +a -75 S/o S<G+-CCU 4 6< . Staff recommends that the Board approve Final Plat of the Midway Industrial Park - Unit #1, and authorize the Chairman to complete the execution of these documents. TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Development (,~Q ommunity Dev. Director SUBJECT: Consider approving the Final Plat of the Midway Industrial Park - Unit #1 BACKGROUND: Attached are copies of the final plats for the Midway Industrial Park, Unit #1. This Industrial Park is located on the north side of West Midway Road, west/ northwest of the Ft. Pierce Main Post Office. County staff has reviewed the submitted plat and determined that it meets all technical review criteria and is ready for final processing. The developers have posted the required security funds to ensure the construction of all required improvements. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: COMMISSION ACTION: [Xl APPROVED [ ] DENIED [ ] OTHER: AGENDA REQIIEST CONCUR CE: D as M. Anderson Co my Administrator Coordination/Signatures County Attorney: Originating Dept: Finance (copies only): Mgt & Budget: Other: ITEM NO. C ~'~ DATE: March 14, 2000 CONSENT [ X ] REGULAR [ ] PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. [ ] Purchasing: Other: (AGEND493) ~„ ~, Commission Review: March 14, 2000 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Administration Division TO: County Commission From: Community Development Director Date: March 6, 2000 Subject: Final Plat Review Midwaylndustrial Park- Unit #1 Attached are copies of the final plats for the Midway Industrial Park, Unit #l. This Industrial Pazk is located on the north side of West Midway Road, west/ northwest of the Ft. Pierce Main Post Office. County staff has reviewed the submitted plat and determined that it meets all technical review criteria and is ready for final processing. The developers have posted the required security funds to ensure the construction of all required improvements. Staff recommends that the Boazd authorize the Chairman to complete the execution of the plat of Midway Industrial Park, Unit #l. If you have any questions, please let us know. SUBMITTED: is Shewchuk, AICP ommunity Development Director ,s~ MIDWAYI(a79) cc: County Administrator County Attorney County Engineer County Surveyor 1 ___ ~ '~'~ - . - ~~ / N~ W a (^r~'~, A z A WAA i a o ~~ ~ o o w c=+ ~ i t z U ~~f: ~x ~ W U r a a ~~i ~ E ~ ~ ~ •j ~i 3 ~wH i ~ °d ~_~ ~ :~ a, ~ w A o ~~ ~~~ d #~ a G~, U U e ~a ~ ~~ ~~~ w : : r ~; 7~ ii jt +~!!t ~jj~! ~~j;1 i~,~f iJi~S ~h~j~{; ~~~'2 ~~• ! I~`~~ i i~ ^~ 1 i~~~~j t ~ i~;~~'# z ~ e ~ 2 ~~ x o • 1: j6 41 ~#~~~f~ ~. ~ ~ ~ ~ i i~ ~ i ~h ~ 6i 7 ~if ~ !~ J ~~ {! 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I i ~, ~ A ~ o I I x E $F~ fi~ ... ~ ~ Z w o F~ I I .~. , ~i~! :.~ ~ 0D J ' '' z w ' o i i ~ ~ ~ ~~~ ..~ ~ ~ ~ ~ !~I °a w ~ I~~ ~ A d d F o. I '` I~ ~ ~ ~~9 i~ c ~ ~~T-~ w Ohm I I I~~ e ~ ~~ ,~i a ~ i~ I I - ~- --~----- a~~ I~ ' i d s 1 n y % ~ E, Z ; 15 O A ~ - V. .'..~ I ;~ ~ i r 04 ~ ~ ~~ Z W i ~ ~ ~ z a ~. ~'" i i/• Y ~ I ~I - ~/ I I >~ ~• 6 d ~ ~ ~~s ~R~~~ M ~ ~ ~ a€ i J ~~x $~I e 2 8 C 3 ~ N ~_~~~ z $~ W yQ~ n ~ N ~~~ $¢pr N 1~ \' ~YA 0 J - ~ k Y b b c ' - e.: M ~ T y ~-- - a - s Y ~$+~ p ui Ad z c ~, ..~ < J ~ t O ~ W fI~ R ~ 7 S ` <.. Q ~ 3 m '- .-wu~a co~www .o an was a :.cca~ SU~rriVISION IMPROVEMENT AGRE~,„rt`ENT THIS SUBDIVISION IMPROVEMENT AGREEMENT, is entered into this day of 2000, by and between MIDWAY PROPERTIES OF ST. LUCIE COUNTY, a Florida limited liability company, MAGNUM PROPERTIES NORTHEAST, LTD., a Florida limited partnership, MATT STONE EAST, INC., and RON THOMAS JONES AND ANNE CODY JONES, as ancillary personal representatives of the Estate of Thomas C. Jones, deceased (the "Developers"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County"). WITNESETH: WHEREAS, the Developers are commencing proceedings. to effect a subdivision of land in St. Lucie County; and, WHEREAS, the Developers intend to record a certain plat of a subdivision in St. Lucie County, Florida, to be known as Midway Industrial Park; and, WHEREAS, subdivision and platting ordinances of St. Lucie County establish procedures and standards for the development and subdivision of real estate and for the surveying and platting thereof, requiring the installation of certain improvements and providing penalties for violations among other things; and, WHEREAS, a final plat of a subdivision within the unincorporated azea of St. Lucie County shall not be recorded until the Developers have installed the required improvements or have guaranteed, to the satisfaction of the County, such improvements will be installed; and, WHEREAS, the required improvements of the subdivision are to be installed after recording of the plat under the guarantees posted with the County. NOW THEREFORE, in consideration of the intent and desire of the Developer, as set forth herein, and to gain approval of St. Lucie County to record said plat, the Developers and County agree as follows: 1. Completion of required improvements: The Developers agree to satisfactorily complete the required improvements for the above referenced development within twelve (12) months from, and after, the recording of the above referenced plat according to the construction plans approved by the County Engineer. The required improvements are more particularly set forth on those certain plans or construction improvements drawn by the Developers' Engineer, Culpepper & Terpening, Inc. dated May 12, 1999, Last Revision December 1, 1999. 2. Security: The Developers, in accordance with the requirements established by the St. Lucie County Land Development Code, agree to supply the County with security in a form acceptable to the County Attorney in the amount of one hundred thirty one thousand four hundred sixty two and 83/100 dollars (5131,462.83) representing 100% of the estimated cost of the required improvements as submitted by the Developers' Engineer and approved by the County Engineer. Page 1 of 4 c:mydori contract/slc/8739 3. Reduction of Amount of Security: The amount of the security may be reduced once during the term of this Agreement upon the completion of a portion of the required improvements by the Developers and upon inspection and acceptance by the County. In no event, however, shall the amount of the security be less than one hundred percent (100%) of the cost of completing the remaining required improvements. 4. Supervision of Construction: The required improvements shall be constructed under the supervision of the Developers' Engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developers' Engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 5. Failure to Complete Improvements: It is further understood .and agreed by and between the parties to this Agreement that, in the event said required improvements are not constructed within twelve (12) months from the date of the recording of the above referenced plat, the County shall have and is hereby granted the right to cause the required improvements to be made and to use the security provided herewith for payment of all costs and expenses incurred in the construction thereof, including, but not limited to, engineering, surveying, construction, legal and contingent costs. Furthermore, it is agreed by the parties hereto that County shall be reimbursed from the security provided for any damages, either direct or consequential, which the County may sustain as a result of the failure of Developers to carry out and execute all of the provisions of this Agreement and the provisions of the St. Lucie County Land Development Code. In the event of Developers' failure or refusal to construct and install the required improvements in accordance with the terms of this Agreement, the County shall have the option to do so, with County employees and equipment, or pursuant to public advertisement and receipt of bids. In the event that the total costs incurred in construction and full completion of the improvements shall exceed the amount of security provided, such additional costs shall be paid by Developers on written demand by the County Engineer. 6. Release of Security: Upon completion of construction of all required improvements, the Developers' Engineer shall certify that the improvements have been constructed in accordance with the regulations set forth in the St. Lucie County Land Development Code. When the improvements have been certified by the Developers' Engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developers' Engineer. If all required improvements are completed to the satisfaction. of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Commissioners. The Developers' security shall then be released in accordance with Section 11.04.01 of the St. Lucie County Land Development Code. 7. Recordation •of Plat: Following execution of this Agreement by all parties and approval of the form of security by the County Attorney, the County agrees to record the plat of the above referenced Subdivision at such time as the plat complies with the subdivision and platting requirements set forth in Section 11.03.00 of the St. Lucie County Land Development Code. Page 2 of 4 e~nydoe/eonVacVsid8739 '`rr' 8. Interpretation; Venue: This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by all parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. IN WITNESS WHEREOF, the parties hereto have executed these presents on the .dates indicated below. The date of this Agreement shall be the date on which this Agreement is approved by the Board of County Commissioners. ATTEST: BOARD OF COUNTY COMNIISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS WITNESSES: emydoe/contracdslcB779 MATT STONE EAST, INC. BY: PRINT NAME: TITLE: Page 3 of 4 °~r+' WITNESSES: cmydodcontracVslcB739 MAGNUM PROPERTIES NORTHEAST, L.P. BY• ~ / -~ PRINT NAME: ~ ~ iz i < ~ A.~soS TITLE: ,fix, 1.J Jam. BY: PRINT NAME: TITLE: BY: PRINT NAME: TITLE: MIDWAY PROPERTIES OF ST. LUCIE COUNTY, L.C. w BY: PRINT NAME: TITLE: /r1~A-NA~tNC-r ,~~rn.F~>~--~ AS TO RON THOMAS JONES AND ANNE CODY JONES, AS ANCILLARY PERSONAL REPRESENTATIVES OF THE ESTATE OF THOMAS C. JONES, DECEASED BY: PRINT NAME: TITLE: BY: PRINT NAME: TITLE: Page 4 of 4 "~t/ MIDWAY INDUSTRIAL PARK Unit Descri ion want. Units Price Amount Paving, Crading & Earthwork Clearing & Grubbing 1.0 L.S. SL,000 51,000.0 1 1/2' Asphaltic Concrdc 1250 S.Y. 51.75 52,187.50 " Coquina Basc(primcd) 1291 S.Y. 54.75 56,132.25 8" Stabilized Subgrade 1337 S.Y. 51.75 52,339.75 Dry Detention System 1 L.S. 57,000.00 57,000.00 Lake Excavation 1 L.S. 534,814.00 534,814.00 od 208 S.Y. 51.50 S3I2.00 ecd & Mulch 1246 S.Y. 50.27 5336.42 Pavement Restoration 1 L.S. 5300.00 5300.00 wiping & Signing 1 L.S. 5425.00 5425.00 'ubtotal Paring, Crading & Earthwork 554,846.92 form Drainage 12"x I8" R.C.P. 56 L.F. 519.50 51,092.00 14"x 23" R.C.P. 190 L.F. 520.12 53,822.80 !8' R.C.P. 112 L.F. 535.06 53,926.72 '_'4" A.C.C.M.P. 70 L.F. 522.48 51,573.60 0" A.C.C.b1.P. 50 L.F. 531.30 51,565.00 12"x 18" Mitered End Section 2 EA. 5300.00 5600.00 l4"x 23" Mitered End Section 4 EA. 5600.00 52,400.00 l8" Mitcrcd End Section 4 EA. 5300.00 51?00.00 Control Structuro 2 Ea. 51,744 53,488.00 Subtotal Stone Drainage S19,titi8.12 Water & Fire Mains inch PVC Water Main 280 LF 59.10 52,548.00 inch DiP Water Main 20 LF 516.45 5329.00 8-inch PVC Water Main 950 LF 512.18 511,571.00 - 60 LF 518.64 ~ 51,118.40 Fire Hydnuu Assembly 1 EA 51,958 51,958.00 inch Cate Valve 6 EA 5411.00 52,466.00 8'x 8' Tapping Slccve & Valve 1 EA 51,926.00 1926.00 Bacteriological Sampling Points 7 EA 5188.00 S1,31ti.00 _' Blowoff Assembly 5 EA. 5300.00 51,500.00 Cast Iron Fittings 1 L.S 53,724.00 53,724.00 Subtotal Water Distribution 52R 456.40 Sanitary Sewer 8-inch PVC Sanitary Scwcr (0-6' cut) 130 LF S 13.18 51,713.40 8-inch PVC Sanitary Sewer (tr8' cut) 249 LF 513.18 53,281.82 8-inch DIP Sanitary Scwcr (6'-8' cut) ti0 LF 527.50 51,650.00 unitary Manhole (0-6' deep) l EA 51,507.00 51,507.00 unitary Manhole (6'-8' deep) l EA SL,t~67.00 51,667.00 Core Existing Manhole 1 LS 5400.00 5400.00 PVC Sanitary Scrvicc 6 EA 5428.50 52,571.00 Subtotal Sanita Sewer 512 790.22 EnglAeetlrlg Br SUrreying Record Drawings & Certification ( L.S. 51,250.00 51,250.00 Construction Layout 1 L.S. 52,300.00 52,300.00 ubtotsl Engineering & Surveying 53,750.00 otai CoAStruetion Cost 5119,Sll.Fti 10% Bonding Cost SI1,951.17 otal Suret Amount 5131,462.83 C:IFAIC\S739COST.xis I /31/00 'err AGENDA REQUEST '~` ITEM NO. ,~-~; DATE: March 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Leisure Services SUBJECT: Senior Citizens Discount PRESENTED BY: Mike Leeds Director, Leisure Services BACKGROUND: The Leisure Services Department has received several inquiries about the implementation of a Senior Citizen Discount for County sponsored ball games and recreational events. Staff would recommend to the BOCC approval of a $1.00 (one dollar) discount per ticket for senior citizens aged 65 and older. This does not apply to New York/St . Lucie Mets games . FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve a $1.00 (one dollar) discount per ticket for senior citizens aged 65 and older for all County sponsored ball games and recreational events. COMMISSION ACTION: [ ]APPROVED [ ]DENIED [ ]OTHER: Coordination/Signatures County Attorney: Mgt. b Budget: Originating Dept• Other: Finance: (Check for Copy only, if Applicable) Eff. 1/97 CONCURRENCE: Doug Anderson County Administrator Purchasing Mgr.: Other: H:\WP\sr disc.wpd '''~-" AGENDA REQUEST '''~ ITEM NO.~~ DATE: 3/14/2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Leeds Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Youth Coalition donation of $2,000.00 to the St. Lucie County Chamber Foundation. BACKGROUND: At the December 14, 1999, BOCC Meeting, the Board approved a special Youth Coalition Donations account. The funds from this account are used for sponsorship of youth activities, programs, scholarships, etc. The Youth Coalition would like to donate $2,000.00 (two thousand dollars) to the St. Lucie County Chamber Foundation to be used for education and literacy. FUNDS AVAIL.: Funds are available through Acct. # 001001-7216-582000-700 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval by the Board of the contract between the Youth Coalition and the St. Lucie Chamber Foundation. COMMISSION ACTION: ~ ] APPROVED [ ]DENIED [ ]OTHER: County Attorney: Originating Dept:z~~l ~~_ Finance: (Check for Copy only, if Applicable) Coordination/Signatures Mgt. & Budget: Other: ;~~ nderson Administrator Purchasing Mgr.: Other: Eff. 1 /97 H:\Agenda Req for Donation to YC.wpd 4 7 GRANT CONTRACT THIS CONTRACT, made this ~ day of ~~ A.D. ~p0, between THE YOUTH COALITION, hereinaftercalled the "Grantor", and ST. LUCIE COUNTY CHAMBER OF COMMERCE FOUNDATION, or its successors, executors, administrators, and assigns hereinafter called the "Grantee": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The Grantor shall disperse to the Grantee a grant in the total amount of two thousand and 00/100 dollars ($2,000.00) for fiscal year 1999-2000. The County shall make one lump sum payment of the grant funds to the Grantee within fifteen (15) days after this Contract is executed on behalf of the Grantor. The Grantee shall use the grant funds for education and literacy programs in St. Lucie County. 2. The Grantee shall have internal controls adequate to safeguard the grant. 3. If the grant can not be used or a subsequent audit reveals the grant was not used according to the terms and conditions of this Contract, any money not so used shall be reimbursed to the Grantor. ~~ ~~1 4. On or before 1, 2001, the Grantee shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. In the alternative and subject to the prior written approval of the St. Lucie County Leisure Services Manager, the Grantee may submit qualifying paid invoices in lieu of a certified audit. 5. The Grantee gives the Grantor the right, until the expiration of three (3) years after 1 `'`/ expenditure of funds under this Contract, to audit the use of the grant monies. Upon demand, the Grantor shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Grantee involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom aze resolved, or until the expiration of three (3) years after the expenditure of the funds. 6. The Grantee agrees to fully indemnify and hold harmless the Grantor, St. Lucie County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. 7. The Grantee agrees to comply with all local, state and federal laws, rules and regulations. 8. All publications, media productions and exhibit graphics produced by the Grantee for education and literacy programs shall include the following statement: Sponsored in part by The Youth Coalition. 9. Either party may terminate this Contract with or without cause upon thirty (30) days written notice to the other provided, however, the Grantee shall reimburse the Grantor for all unencumbered funds or funds expended or encumbered in conflict with this Contract as of the date of termination notice. 10. Any notice shall be in writing and sent registered or certified mail, postage and chazges prepaid, and addressed to the parties at the following address: To the Grantor: The Youth Coalition 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 2 ~/ ~ With copies to: St. Lucie County Attorney Administration Annex, Room 306 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 To the Grantee: St. Lucie County Chamber of Commerce Foundation 2200 Virginia Avenue Fort Pierce, Florida 34982 11. No amendment, modification or waiver of this Contract shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Contract shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the Grantor currently provides or subsequently provides any forms for contract modification, Grantee agrees to use said forms. 12. Except as otherwise provided, this Contract shall be binding upon and shall insure to the benefit of the parties. 13. In the event it is necessary for either party to initiate legal action regazding 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. 14. This Contract embodies the whole understanding of the parties. There aze no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations or agreements, either verbal or written, between the .parties hereto. 3 `~Urr" IN WITNESS WHEREOF, the parties have executed or have caused this Contract to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Contract. WITNESSES: g:\atty\agreem ntlcontract\youth.foundation.wpd THE YOUTH COALITION BY;~~~`'~ NAM TITLE: ~~'"~-` `~` ST. LUCIE COUNTY CHAMBER FOUNDATION BY: ~ - r NAME: ~r ~~rr~~ M -~ ~.(.4 TITLE• - ~-~" ~Si ~~ t~ .+. 4 '~-'' AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Leisure Services ITEM NO. C-4C DATE:3/14/00 REGULAR [] PUBLIC HEARING [ ] CONSENT [xx] PRESENTED BY: Mike Leeds SUBJECT: First Amendment to the contract with Florida Scientific Industries d.b.a Pipeline Energy-Savannas Recreation Area electrical upgrade BACKGROUND: At the end of the 1999-00 fiscal year, sufficient funds were found in the Savannas Recreation Area budget to fund another phase of the electrical upgrade project. These monies were carried over. The contractor has finished with the first phase of the contract and will be ready to start this second phase in April. The first amendment authorizes the contractor to begin this work, but must be signed by the Board Chairman. FUNDS AVAILABLE: 001-7220-546200-7650 (General Fund, Maintenance Imp. Project) 315-7220-546200-7650 (Capital, Maintenance Imp. Project) RECOMMENDATION: Staff requests approval of the First Amendment to the contract with Florida Scientific Industries d.b.a Pipeline Energy for the electrical upgrade at the Savannas Recreation Area and authorize the Chairman to sign the amendment. COMMISSION ACTION: [X ] APPROVED [ ] DENIED [ ] OTHER: Dc~,ug s M. Anderson Cou y Administrator 4/~ Ravie~r and Apflrovala ,2 County Attorney: Management & Budget ~ Purchasing: :____~~~ Originating Dept. ~ Other: O her: Finance: (Check for Copy only, if applicable) FIRST AMENDMENT TO AUGUST 17, 1999 CONTRACT BETWEEN ST. LUCIE COUNTY AND FLORIDA SCIENTIFIC INDUSTRIES, INC. d.b.a. PIPELINE ENERGY THIS FIRST AMENDMENT TO AUGUST 17, 1999 CONTRACT made this day of , 2000, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "COUNTY", and FLORIDA SCIENTIFIC INDUSTRIES, INC. d.b.a. PIPELINE ENERGY or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WITNESSETH: WHEREAS, the parties entered into a Contract (the "Contract") on August 17, 1999, wherein the Contractor agreed to replace the camp site electrical connections in Area Two of the Savannas Campground. WHEREAS, the parties have agreed to amend the original Contract of August 17, 1999 to also provide for replacement of the camp site electrical connections in Area One of the Savannas Campground. NOW, THEREFORE, in consideration of the mutual benefits to each party, Paragraph 2 and Paragraph 8 of the original Contract of August 17, 1999 are hereby amended to read as follows: 2. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under the Contract of August 17, 1999, as amended, is to replace the camp site electrical connections at Savannas Campground in Area 2 and Area 1, including making the new electrical systems operational before disconnecting existing services and feeders, disconnecting and removing existing services, meters panelboards and their supports serving the sites that are repowered, and advising the County in writing when existing electrical systems have been de-energized permanently and exactly which outlets are safe to remove. 8. CONTRACT PAYMENT The County shall pay the Contractor for the performance of the August 17, 1999 Contract, as amended, and completion of the project in accordance with the Contract Documents, subject to adjustment by change order the estimated amount in current -1- ~/ `r/' funds being Twenty-Six Thousand Eight Hundred Four Dollars and Twelve Cents ($26,804.12) for Area Two; and Twenty-One Thousand Eight Hundred Fifty Dollars and No Cents ($21,850.00) for Area One; for a total amount of Forty-Eight Thousand Six Hundred Fifty-Four Dollars and Twelve Cents ($48,654.12). Except as amended herein, the remaining terms and conditions of the original Contract of August 17, 1999 shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed its, or their names, or name, and seal the date aforesaid. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: SECRETARY d.b.a. PIP~NE ENE$~Y FLORIDA SCIENTIFIC INDUSTRIES, INC. BY: ENT (SEAL) g:\agreemnt\contract\ I aFlasci-Pipeline.00 Print Name_ .7~h n K T ram i a h -2- Y • ..,., , February B, 2000 St. Lucie County Central Services Depatiment Re: Change order request Electrical replacement -Savannas Campground ne Complete Upgrade as pcr drawings Total: G~ I~ Randy M. F es Master Electrician LICK P000~670 IK:N P0005iis2 LICO E000012d3 Quote Na.: 00-213 sai,sso.oo P.O. Box 3S01aZ JackzonvilN, FL 32235.0182 - (804) 781-8000 • Fauc (904) 791•QQ66 AGENDA REQUEST ITEM NO. C-4D DATE: 3/14/2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Leeds Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Acceptance of $500.00 donation for the South County Regional Sports Complex from Florida Power and Light. BACKGROUND: N/A FUNDS AVAIL.: Funds will be available through Account # 001-7240-599330-79502 PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board approve acceptance of the $500.00 donation for the South County Regional Sports Complex from Florida Power & Light, approve Budget Resolution # 00-65 and that the Chairman sign the letter of appreciation. COMMISSION ACTION: [k] APPROVED [ ]DENIED [ ]OTHER: L~~ County Attorney: Originating Dept: Finance: (Check for opy only, if Applicable) Coordination/$iolnatures Mgt. & Budget: Other: Dorfg~derson Coun Administrator Purchasing Mgr.: Other: Eff. 1 /97 H~\Agenda Request FFL.wpd RESOLUTION NO.00-65 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from a donation from Florida Power and Light, for the South Regional Sports Stadium (St Lucie West). 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 14'~ day of March, 2000, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-00, and the County's budget is hereby amended as follows: REVENUES 001-7240-366900-79502 Donations APPROPRIATIONS 001-7240-599330-79502 Project Reserves After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Cliff Barnes XXX Commissioner Doug Coward XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED THIS 14TH DAY OF MARCH, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: $500 $500 COUNTY ATTORNEY - 64-1278 1>~ NatioosBank of Geor`ia, N.e. Check No. 3 413 91 Atlanta, Dekalb County, Georgia ~PL Check Date: 02/22/2000 Five Hundred and 00/100 Dollars Amount of Check ', 11 1 I Pay to the ST LUCIE COUNTY order of: FINANCE DIRECTOR FLORIDA POWER & LIGHT CO. 2300 VIRGINIA AVENUE FINANCE DEPT., 3RD FLOOR ADMIN ANNEX ~~ FT PIERCE FL 34982-5652 Deposit of this cheek is acknowledgement of receipt of charitable contribulionin the amount of $500.00 This amount excludes the value of goods or services received and therefore may not match the check amount. II'34L39L11' ~:06L1L2788~: OLO 116 455711' FLORIDA POWER & LIGHT CO. Type: US Vendor Name: ST LUCIE COUNTY chk l~at-a~ f1~/~~/~nnn Reference ~ Number Receipt Date Order Number Trans. . Number Line Item Invoice Amount Discount Amount Net Amount SPONSORSHIP FORM 02/21/2000 443668 443668 500.00 0.00 500.00 Sponsorship of S uth Regions Sports C plex Check No. 341391 Page 001-of 001 Check Amount: $500.00 Form 42C ECG REV. 1F AGENDA REQUEST TO: BOARD OF COUNTY CONIMISSIONERS SUBMITTED BY(DEPT): Leisure Services ITEM NO. C-4e DATE: March 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: S. Ann Smith SUBJECT: Blind Creek Pazk -Ocean to River: Acceptance of Matching Grant Funds from the Florida Department of Environmental Protection's Upland Invasive Plant Management Program. BACKGROUND: On July 27, 1999 the Boazd of County Commissioners authorized the acceptance funds from both U.S. Fish and Wildlife Service ($43,891) and the National Oceanic and Atmospheric Administration ($30,000) for over 1.5 miles of dune and sea turtle habitat restoration within the Blind Creek Pazk - Ocean to River site. Being partly state-owned, the Blind Creek Pazk -Ocean to River site has been designated through DEP's Upland Invasive Plant Management Program to receive funding up to $35,000 for exotic tree removal within the dune habitat. The County currently has an active contract with one of DEP's contractors (Enviroglades, Inc.), therefore, DEP has opted to awazd the funds directly to the County to implement into the project rather than DEP overseeing the project themselves. FCTNDS AVAIL.: Grant account will be established upon receipt of a fully executed agreement. PREVIOUS ACTION: The Boazd approved acceptance of matching grant funds from USFWS and NOAA on July 27, 1999. RECOMMENDATION: Staff recommends that the Boazd of County Commissioners accept grant funds totaling $35,000.00 from the Florida Department of Environmental Protection's Upland Invasive Plant Management Program, and authorize the Chairman to execute a Memorandum of Understanding with FDEP, pending County Attorney review and approval. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TTD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. COMMISSION ACTION: [ ~ APPROVED [ ]DENIED [ ]OTHER: County Attorney. Originating Dep Review and Annrova/,l~/s Management & Budget N~7C.I Other: Purchasing Other: Finance Dept. (Check for Copy only, if applicable) INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: S. Ann Smith, Ecosystems Manager, Leisure Services Department DATE: March 6, 2000 SUBJECT: Blind Creek Park -Ocean to River: Acceptance of Matching Grant Funds from the Florida Department of Environmental Protection's Upland Invasive Plant Management Program. BACKGROUND On July 27, 1999 the Board of County Commissioners authorized the acceptance funds from both U.S. Fish and Wildlife Service ($43,891) and the National Oceanic and Atmospheric Administration ($30,000) for over 1.5 miles of dune and sea turtle habitat restoration within the Blind Creek Park - Ocean to River site. Being partly state-owned, the Blind Creek Park - Ocean to River site has been designated through DEP's Upland Invasive Plant Management Program to receive funding up to $3 5,000 for exotic tree removal within the dune habitat. The County currently has an active contract with one of DEP's contractors (Enviroglades, Inc.), therefore, DEP has opted to award the funds directly to the County for implementation into the project rather than DEP overseeing the project themselves. RECOMMENDATION/CONCLUSION Staff recommends that the Board of County Commissioners accept grant funds totaling $35,000.00 from the Florida Department of Environmental Protection's Upland Invasive Plant Management Program, and authorize the Chairman to execute a Memorandum of Understanding with FDEP, pending County Attorney review and approval. Respectfully submitted, ..,._ ~. _ S. Smith Ecosy terns Manager Attachment `rlr' Department of Environmental Protection Jets bush Govartwr Marjory Stoneman Douses Building 3900 Commonwaahh 9oulevard Tallahassee, Florida 32399-3000 Date: March 6, 2000 Ta 1Ma. Anna 8mitb 9t. Lucie Moagaito C.atrttnl District 230o vicginia at~rue, >F't. Pierce. Florian 34982 F:vra: Cues Jubi:uicY, ~ Upland Invaalve Plant Mamsgaamt Biu~asu of lnvasiv~e Plant David d. Strum Sacntarr As a nsalt of aiacusuoa9 with Upland Invasive Exotic Plmt Working Groap T.iasioas and program nta~ the invasive pLmt oantrol P~J~ ~~ by Y°~ ~'Y~ aluu! (`.rAek P,air, h,a bean aetersed m receive fio~nd $vm the DFYs Upland Invuiv~e Exotic Plant Control Program. As inaicatod, yop have regaested that control Opa'atiaas be canauctod by one of DEP's Regioaa! lavasivt: PLnt Control C:atrtnctors ~Y tindQ' oarrzact with the ~. The DEP has alloeatod 535,000 for a portion of the wood control activities. As tht designated Site Manager four this project, you atr t+espon+ibse far CertaiA aspectn of the cotrtrsct proaas. The pooaea has bear established w usure quelrty, coat-etioctive weed caatmt. and w muva~ +~u;uietreaa~ve p~vbbama. 'T4ie Lxtcr suamoarixo• the proccets. srlE vlsrr TAc contz.ator will b. wnta¢tiag you in the ira~ fi~nnz m condrrrx a site visit. To enatae that this pwCees proceeds eSiaetnly, results in eaviroomentaUy sound coAtrol activitia, dad catcludes with an aoLtltate quote by the contractor, the following suideliaea should be fnilavu~ When the Corrtcadar calls, establish a time to moot that is convenient far you. Plan on spending sufbcimt time with the Conttadar Retteaentativa so that they arc knowledgeable tnougb about your pe~gect to provide a teaeonaLle estimate. 3u tLe Caw~~oc can provide the best 1er10e to year, they need f4 ace: • the bor~dariee of the control stte(sr, • typdc~l and atypical terrain catiditiatra and invsaive plant detraidos; all acceaa point m tA~e caeruvl aite(sj. • all aran to teaive tteptmmt. all tareted rpecia to tx ~ve-trullai. Pciuc w the acbedYlod site visit, rrvieit the o~oRtbo3 site to vxi tj~ that tt+eatment boundaries are clearly idenliSaMe; fenced, permanent strtrcturea, flagging tape as staled ar trees, in caa~binatiar wide GP6 WO[diaates, etc. are some ways to identil5+ m the Coatsaetar where he is ~,ected to work. Piece i- rrat diacues nay pt+evious ptojed cast ee4itttata or preliminary furdurg allor~iarr atrwrmts wilt the Coartt~da. Vve are, a@er all, trying to obtain quality-cost effectiPe wriod control nervicxst "Protect Conserve and Marta~e Rorida's Eitvirorxnatt and Notural Resources" r~naQ on raryded pier. v0 3~ad S1Nt11d 3r1ISGr1NI 2iflg 91ZZ88b-©58 9% ~80 ' 000ZIt'0/~0 '`e- vim/ ~ ~+y ~B~ ~ the soopc of work occur duiog the oa-aim iuspadiest by than Cootrectar, tbry Hoed to be refkcead is the project da~aipti~ua tLrt teltiteedesly ~ ea<4e~ta,at to 11ee: Twit Awipanent (TA). Ttie TA 4eteeaUlp speclSWWty Wtteet the oonus~ctor i9 expectocted to aocaaap~Hsh, and wfist is cligibk for fit, t;;wrtrol opr-wtians e711 ne-w~vs ex>,tec plmu sp~ectee, c~orlrol tasdrads raltsrd, a" ®+y eaMtr+af OpttreilioRd caedircgd oeet~ds tlfet bow,rla»eJ ~~ dss~~,euad emo specifto~d rn tJu ~ ~'~ eaR'It NOJ etlfgsibls fd1' „.~.r hY ~ n~ TA3~C AS9~t(RII~SENT «-ce our otTice t+xeivee tae eatimsu froot the Contmctar, a TA is lofted with the approved scope of work es as attaxamatt. This docuttie~-t (2 a~iginals} is tat+wlated fa eiyiattrres within DEP, to the C~acta, sad to you a ytaur agencg. Ta agaedito contract eateruhaq pine detQmme who wtthut yam' aB~Y u authorized to ~ thir docuuteo2 prior m receipt of t>se TA Aa yvu wu sots fcciw ua tWe;Eeaees<1 raeetyle3 TA, ~ eati ee;ent'il3e; rapumdbilitiea speliat out for the Canoactnt, sad you, the Stte Mme. He acre to rev9ew the atspaal TA Waguate, as oach task is >migm. Once you racrive the TA, view the etatire docameatt for aecteswcy. Any asina to xA >~~ (dates, w+oclc speciflaatians, eta.} need to ba iaitiaied isy au p.ctiea ~ m ooaaot operaQaaa be~iauiatg. Re~iea the document tar and initial (en bats aig~iaals} if y~ are in agroanau. Do ~ initiate asry e3aetegd ssvitlened eentifying thine edFioe first, a+e t)iia srvi)I r+e~stitia ro-me~tifeg oftbre TA Sign both ariRinata tmd fotwu~d to tae next aimuitorv identified ott the Routing abed. You will rooeive a Dopy of the eatecuted TA Dace all sifoadur.a are obtained. CON'l'R4L OP'ERATIQII9 You ehaild t~K the Contractor ro vontact you and set up ;date and time to begin wtxlc. hie important fa you t4 utieet with the 6eM crew wtrea they amve Ear the fitat time. It u poeaib{e that the clew leader is oat qre iaprpmtative whu candtscted the site visit. Review tLe site bouudaria, target species, end sayptleersite-apecibc ooaditiaas with the et+e9v leads and xew. A3eo. it is quite pv.siWe thrd the t:~UUiteeefu is fiuaet soothe[ nb~ of the state sad the starts! iaa7 nd ix Semiliar rvi>f- ysovt spoeifie taes~ epocics. Tlec Cmtzsoteet's otsorle shoeetd b. smotlitexed tsree;ueaitty the Sat few dtiya, end tbeo, ^si yea diem appraQeieet~ Hisdcry has jerotiem Heat Site Managers oho coadttct fietrtmR want inspections gRt bearer irso{ts. Wliea tae Cadtactar ococtodes all wale at your dte, pleex erview edl assns witle the ctrw kedrr to ensure that all target vegetatiau has hem t><~ted. itJY0iC1NG The Caottttctor is t+equit+od to ioaiu8ain Daily Ps~rss Re}x~rt, (DPRs). These documents at'e srtbmitsed to our otBce along with the iavaise for payment Mott, the Site Manager, sore rogtm+od to agz- these forms helots the invoice cam be processed. UatMlly, the Cmtaetar wiu being the DPRs t4 you for agnattare at the and of We workWe~dt. ~ they do na gec roar sigtautta+e i~ they te~ere:, they wiu ptvbably lead tar fax ~ espies sad rogtuet that yoti sign sad focavard them to our alnoe. fir dtmag the cause of pm}ax atxivit,ir~, yue- have a+ry quamaens er oo~-essrsu with «manctAr peartorletano~, geteral gab{ic oar~oertm, daily 'd~ iavoiciog, etc. please tstll Marls Zeller a myself at 850~a7 2600. Your ooopesatian is ac iaetegt'al caopouent to the ntaceae of this project, ss wall as the soACeBS of this program as a tWltole. Your is tt~EY 4"~~ E0 3n~d ~i~l~~d 3r1IS'+s~1NI dfl•3 9ZZZ88h-058 9~, ~30 @©0Z/b0/~0 D~ ~e Q <~ DEP Contract No. SL821 O CONTRACT THIS CONTRACT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and MIAMI-DARE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, whose address is 111 N.W. First Street, Miami, Florida 33128 (hereinafter referred to as the "Contractor"), a local government, for the removal of nuisance exotic pest plants within Snapper Creek Preserve and Quail Roost Pineland. In consideration of the mutual benefits to be derived herefrom, the Department and Contractor do hereby agree as follows: 1. The Department does hereby retain the Contractor to perform the exotic plant removal services as defined herein and the Contractor does hereby agree to perform such services upon the terms and conditions set forth in this Contract, Attachment A (Scope of Work), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. 2. The Contractor shall perform the services in a proper and satisfactory manner as determined by the Department. Any and all equipment, products or materials necessary to perform this Contract shall be supplied by the Contractor, unless otherwise specified herein. The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the Department. 4. The Contractor shall be responsible for obtaining all applicable local, state and federal permits. As consideration for the services rendered by the Contractor under the terms of this Contract, the Department shall pay the Contractor a fixed price of $44,425.00. All bills for amounts due under this Contract shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. No travel expenses are authorized under the terms of this Contract. Two (2) invoices shall be submitted, one upon completion of each of the two projects, but no later than November 30, 1999 to assure availability of funding for final payment. This Contract shall begin upon execution by both parties and remain in effect until November 1, 1999, inclusive. In accordance with Section 287.058(2), Florida Statutes, the Contractor shall not be eligible for reimbursement for services rendered prior to the execution date of this Contract. 7. The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. 8. Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment; the Department must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a contractor for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida Department of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining DEP Contract No. SL821, Page 1 of 5 V ~vr~ timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. 9. In accordance with Section 215.422, Florida Statutes, the Department shall pay the Contractor, interest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a contractor requests payment. The interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No. I1 (1998-99) dated December 2, 1998, has been set at 10% per annum or .02740% per day. The revised interest rate for each calendaz yeaz beyond 1999 for which the term of this Contract is in effect can be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922-5942. 10. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 11. The Department may terminate this Contract at any time in the event of the failure of the Contractor to fulfill any of its obligations under this Contract. Prior to termination, the Department shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the Contractor an opportunity to consult with the Department regazding the reason(s) for termination. The Department may terminate this Contract without cause and for its convenience by giving thirty (30) calendaz days written notice to the Contractor. 12. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in paragraph 12. Any and all notices shall be delivered to the parties at the following addresses: Contractor 13. Miami-Dade County Park & Recreation Department Natural Areas Management Division Attn: Jce Maguire 22200 SW 137 Avenue Miami, Florida 33170 Department Florida Department of Environmental Protection Bureau of Invasive Plant Management Attn: Mr. Greg Jubinsky 3915 Commonwealth Boulevazd (MS#710) Tallahassee, Florida 32399-3000 Miami-Dade County Environmentally Endangered Lands Program Attn: Steve Hofstetter 33 SW Second Avenue, Suite 400 Miami, Florida 33130-1540 Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Contract shall be public records and shall be treated in the same manner as other public records aze under general law. This Contract may be unilaterally canceled by the Department for refusal by the Contractor 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 Contractor in conjunction with this Contract. DEP Contract No. SL821, Page 2 of 5 ~~rr+ 14. The Contractor shall maintain books, records and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Contract and for three years following Contract completion. In the event any work is subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 15. The Department's Contract Manager is Mr. Greg Jubinsky, Environmental Administrator, Telephone (850) 487-2600. The Contractor's Contract Managers are Mr. Jce Maguire, Telephone (305) 257- 0933 and Mr. Steve Hofstetter, Telephone (305) 372-6572. All matters shall be directed to the Contract Managers for appropriate action or disposition. 16. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Contract. 17. The Contractor covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 18. This Contract has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Contract shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Contract shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Contract. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 19. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Contract, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 20. The Contractor recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Contract. 21. This Contract is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 22. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Contract. 23. This Contract is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the Department. 24. The Contractor shall not subcontract, assign, or transfer any work under this Contract without the prior written consent of the Department's Contract Manager. The Contractor agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Contractor that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. DEP Contract No. SL821, Page 3 of 5 ~r-' 25. To the extent required by law, the Contractor will be self-insured against, or will secure and maintain during the life of this Contract, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Contractor shall require the subcontractor similazly to provide Workers' Compensation Insurance for all of the tatter's employees unless such employees are covered by the protection afforded by the Contractor. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Contract is not protected under Workers' Compensation statutes, the Contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 26. The Contractor, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Contract. 27. The purchase of non-expendable equipment costing x500 or more is not authorized under the terms of this Contract. 28. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Contract (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Contractor's cost or time shall require formal amendment to this Contract. 29. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 30. The Contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Contract. The Contractor acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Contractor further agrees to include this provision in all subcontracts issued as a result of this Contract. 31. This Contract represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Contract, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. SL821, Page 4 of 5 IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed, the day and year last written below. MIAMI-DARE COUNTY, FLOIItDA BOARD OF COUNTY COMMISSIONERS By: County Manager Date: FEID No.: 59-6000573 ATTEST: By: Clerk (SEAL) Approved as to form and legal sufficiency Attorney SNAPPER CREEK PRESERVE Jce Maguire, Project Manager for Snapper Creek Preserve QUAII. ROOST PINELAND Steve Hofstetter, Project Manager for Quail Roost Pineland STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Director, Division of State Lands or designee Date: DEP Contract Manager DEP Contracts Administrator Approved as to form and legality: DEP Attorney List of attachments/exhibits included as part of this Contract: Specify Letter/ Number Description (include number of pages) DEP Contract No. SL821, Page 5 of 5 Attachment A Scope of Work (8 Pages) DEP Contract No. SL821, Page 6 of 5 DATE: March 14, 2000 REGULAR [ ] AGENDA REQUEST CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT) T il; ; ~ D nartment y./ ITEM NO.C5-A PUBLIC HEARING [ ] PRESENTED BY: ~TTBJEC'1' Developer Agreement first amendment by and between Lakewood Park Congregation of Jehovah's Witness and St. Lucie County. Increase of a water line size from 6" to 8" and payment to the Developer in the amount of . $5,270.00. FUNDS AVAIL: 471-3600-563000-300 PRR~ITOtTS ACTION : None R Ta' CnMMENDAT I ON Staff recommends approval of the first amendment by and between Lakewood Park Congregation of Jehovah's Witness and payment of $5,270.00 to the same. ~'OMMTSSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: 1~ ('OOrdi ngt~ 0II~$iQS18tL7'e8 r., County Attorney : X ~' Mgt . & Budget : x /wLii.> ~''/ , I! ~ 3, Originating Dept:X ~ ~ ~~~~~,~ ~~~-°'~~ Other: Finance Director:( ~ck`for Cop only, if applicable) ~Lncierson ty Administrator Purchasing Other: Eff. 5/96 ~r++ QOARD OF COUNTY COI~ISSIONERS `r/ UTI LITI ES ~ REC'YCLI NG ®EPARTENT WILLIAM 13LAZAK DIRECTOR MEMORANDUM TO: Board of County Commissioners ~j~ FROM: William Blazak, Utility Director 11 ~'-' DATE: March 14, 2000 RE: Lakewood Park Congregation of Jehovah's Witness BACKGROUND: During the period of due diligence associated with the purchase of the Holiday Pines System by St. Lucie County, the owner of the system entered into a Developer's Agreement for the extension of a water line to serve the new Jehovah's Witness facility. Holiday Pines approved the extension of the new line and the diameter was to be six inch. When the engineer representing the Developer submitted plans for review and permit application in August of 1999 the County had just recently acquired the Holiday Pines System. Review of the proposed line extension by County staff indicated that the diameter of the new line construction needed to be eight inch to accommodate fire hydrants and future flows within the system. The Developer agreed to bid the work associated with the extension and request alternative pricing for construction that would include the eight inch diameter piping and fire hydrants. The Developer presented pricing to the Utility Department after bidding the project and .indicated that the increased amount to construct the eight inch line would be $7,200.00. Utilities suggest that a unit price comparison of the six inch versus the eight inch be completed and that competitively bid pricing be utilized to obtain the difference. It was agreed upon to utilize the pricing schedule for Fort Pierce Utility Authority (FPUA) for the comparison. The pricing schedule comparison for FPUA provided an increase of $5,270.00. Jehovah's Witness agreed to pay for the fire hydrant necessary as part of the construction. The increased pipe diameter will benefit not only fire flows for the immediate project, but ultimately increased system flows in the future. Because of the long term benefit to the District the additional compensation should be paid to the Developer. In addition to the future benefits to the District the original Agreement was entered into with a privately owned utility with rules and regulations not as stringent as St. Lucie County Utilities. RECOMMENDATION: • Staff recommends that the Board approve the first amendment the the Developer's Agreement with Lakewood Park Congregation of Jehovah's Witness and approve payment of $5,270.00 to the same. JOHN D. f3RUHN, District No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. ~ FRANNIE HUTCHINSON, District No. 4 CLIFF DARNES, District No. 5 County Adminisrrotor - Douglas M. Anderson 2300 Virginia Avenue Fort Pierce, FL 34982 • Phone (561) 462-1150 • FAX (561) 462-1153 ST. LUCIE ~UNTY UTILITY SERVICES ARTMENT NORTH COUNTY UTILITY DISTRICT FIRST AMENDMENT TO DEVELOPER WATER SERVICE AGREEMENT THIS FIRST AMENDMENT is made and entered into this ~~day of `~ ~' 2000, by and between LAREWOOD PARR CONGREGATION OF JEHOVAH'S WITNESSES, hereinafter referred to as "Developer", and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "Utility". WHEREAS, prior to the acquisition of the Holiday Pines Water and Wastewater Facility (the "Holiday Pines Facility!')by the Utility, the Developer entered into a Water Service Agreement (the "Original Water Service Agreement") with the prior owner of the Holiday Pines Facility, which required the Developer to install at his expense a certain 6" water main in order to receive water service; and WHEREAS, upon acquisition of the Holiday Pines Facility, the Utility assumed the responsibilities of the prior owner under the Original Water Service Agreement; and WHEREAS, the Utility now has requested the Developer to construct an 8" water main instead of the 6" lines as described in the Original Water Service Agreement and the Utility-has agreed to pay the difference in the cost. NOW THEREFORE, for and in consideration of these premises, the Water Service Agreement is hereby amended as follows: 1. Paragraph 6.A. is hereby amended to read as follows: 6. Connection Extension: A. Developer shall at its cost and expense provide the necessary design, engineering, permits, testing, stakeout, and inspection engineering services for the installation and construction to connect to the existing 6" Main at the intersection of SR 713 and Deer Run Drive and construct an 8" water main approximately 2,000 feet -1- along the east side of SR 713 to the nor kern property line of the site and deed, free of all liens and encumbrances, to the Utility as required for the provision of water service, to the property. The Utility agrees to reimburse the Developer for the difference in cost for the installation of the 8" water main and a 6" water main in the amount of $5,270.00. 2. Except as expressly amended herein, all of the remaining terms and condition of the Original Water Service Agreement shall remain in full force and effect. IN WITNESS- WHEREOF, Developer and Utility have executed or have caused this First Agreement to be duly executed in`~ several counterparts, each of which counterpart shall be considered an original executed copy of this First Amendment. ATTEST: CLERK WITNESSES: ~~~~ / 1 J/r Y~--ZJ ~LY~L,L...J.~ /`~~I ~ `' ~ ~ ' .~~~~(r~ ~~ ~~ ~~ ~~~~~ r ~ j I C:\JWL\AGREE\IITILITY\JEFiOVAHS WITNESS-lA-OO.WPD BOARD OF COUNTY CO1~Il~lISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY LAREWOOD PARK CONGHEOATIO F JEHOV ~ ~ TNFSS ~/'- ~ Print Name : ~ ~ P ~` ~ ~ `~ Title: % ~ `L ~~7` ~ .~ !~' /~ ~- ~ • { ~ v ~ ) ~S! c-; sic , ,%,~, -~ ~ ~,- -2- ~.-' ~~ ~~ ~®~ C~~~~~~~®~~ WILLIAM DLAZAK DIRECTOR MEMORANDUM TO: James W. Lancaster, Assistant County Attorney . ~~~ FROM: William Blazak, Utility Director ~,~;~~~ DATE: _ :November I1, I999;' RE: Jehovah's Witness /Holiday Pines Developer Agreement Amendment During the period of due diligence associated with the purchase of the Holiday Pines System by St. Lucie County, the owner of the system entered into a Developer's Agreement for the extension of a water main. Holiday Pines Service corporation approved the extension of the line and the diameter of the line was to be 6-inch. When the engineer for the project submitted for permit approval in August of 1999 the County had recently acquired the Holiday Pines System and questioned the diameter of the proposed extension. The extension needs to be 8-inch in diameter to provide adequate fire flows and to provide adequate flows within the system as the system grows. I discussed this diameter sizing with the engineer and requested that when the Developer bid the work that he request pricing to increase the diameter of the pipe to 8-inch. The engineer copied me with the price proposals that were obtained and the difference was $7,200.00 more for the 8-inch. I questioned their process of obtaining the pricing for the project and suggested that a comparison of the 6-inch verses 8-inch sizing be done using a competitive pricing schedule for such work. It was agreed that Fort Pierce Utility Authority annual contract pricing be utilized for the comparison. That comparison revealed a difference of $5,270.00 more for the increased pipe diameter. Because the increase in pipe diameter will benefit not only the fire flows for the project, but ultimately increased system flows in the future, the system should pay the additional amount of $5,270.00. Also-this agreement was entered into prior to more stringent rules being applied by St. Lucie County Utilities than existed with the private owner. I have spoken with the engineer and the owner listed on the Developer's Agreement and they are agreeable to the amount of $ 5,270.00. I have also spoken with the Board of County Commissioners concerning this issue and it is a general consensus to proceed with the project and pay the owner the stated difference. If you would prepare an amendment to the original Developer's Agreement to facilitate this action I will have the BOCC approve it: JOHN D. DRUHN, Dlstrfcr No. 1 • DOUG COWARD, Dlstrlct No. 2 • PAULA A. LEWIS, District No. 3 FRANNIE HUTCHINSON, Distritt No. 4 • CLIFF l3ARNE5, District No. 5 County Administrator -Douglas M. Anderson 2300 Virginia Avenue Fort Pierce, FL 34982 Phone (561) 462-1150 FAX (561) 462-1153 ~rr-' r,,,~/ 1S~1a1 ~u~ Unit Price T~ b" PVC 1800 !.F '1.90 14,220.OU G" GrV 2 ea. 325.00 650.OU MkR 6 ea. 65.00 390.00 Fittings .20 ton x,400.00 0 0 6" TOTAL 1G,140.00 lte~, u li ric;a n a! s" rvC l soo Lk' 1 t~.50/LF zs,9oa.~o 8" Gv 2 480.00 960.00 MFR 6 75.00 450.00 Fittings .25 4,400.00 i.100A0 8" TOTAL 21,4]0.00 I~iffer~ntial to be paid by St. Lucie Conaty Utilities Authority. $>LIA.Q~1 3 '~4r. This agreement, made and entered into this 253h day of AgL~.1~, by and between LAKEWOOD PARK CONGREGATION OF JEHOVAI~S WITNESSES ~h1d jry,~svc-A,. with a principal place of business at 6306 Fort Pierce,~Fl'. 34951 (hereinafter referred to ac "Developer"), and HOLIDAY PIN1ES SERVICE CORPORATION, with its principal place of business at 4427 W. Kennedy Blvd., Tampa, Florida 336Q9, (hereinafter referred to as "Utility"); ~T.Tnr~'_.~cIJ.'cH: WHEREAS, Utility is the owner of a Water/Wastewater Franchise in certain areas of St. Lucie County, Florida; and WHEREAS, Developer is desirous of receiving water seh~ce from utility for its proposed development,. more particularly described as follows: KIN *T~Ol~2 HALL• (~F rFH~S WT'tTTFSSp. Section 6, Township 34 South, Range 40 East, Parcel 1, 2, & 3. Colonial Acres, Map B, St. Lucie County, Florida WHEREAS, to accommodate Developer, Utility is a~eeable to make avai3able its water treatment plant capacity, which capacity will be sufficient to meet the demands of Developer, and the other presently anticipated demand on its system; and Wl-t"EREAS, this Agreement and all stipulations and covenants made herein arc acknowledged to be subject to the approval a€ County, Regional, State and Federal agencies having jurisdiction of the subject matter of this agreement, and subject to permits and final ordered franchise requirements; NOW, THER'fiFOitE, in consideration of the promises and for value received, and in consideration of the covenants of this Agreement, it is mutually agreed by and between the parties as follows: Z i6~~ S5[i Z9i 5954885I81LI9S '+a~3 a~ZSs tB 66-I:-6ntl uie~~{J•j'A=F9 'OuaS ~+'` ~` The parties hereto agree and acknowledge that the recitals herein are true and correct: 1: The term "Developer" shall refer in this Agreemern to the owner of the "Property". Z. The tero~ "Property" refers to the parcel of land described as follows; Section 6, Township 34 South, Range d0 East, Parcel 1, 2, & 3. Colonial Acres, Map B, in St. Lucie County, Florida. 3. The term "Equivalent Residential Connection" ("ERC") for the purpose of this tlgreeznent refers to asingle-family residence or a corrunercial or multi-fanuly structure. As to single family residences, a single family residence is construed to be one (1) ERC. As to multi-family structures, a single unit in amulti-family structure is construed to be one (1) ERC. As to commercial structures, the ERt:.'s attributable to the structure shall be calculated by dividing the estimated daily water flow by t•No .hundred fifty (250) G.P.D. (gallons per day), 4. The. term "Reserve Capacity Fees" refers to the monthly charge to be paid by Developer to defray the cost of Utility for maintaining reserve capacity in the water system. Once the Developer pays all accrued Reserve Capacity Fees as well as the appropriate connection chazbes, the monthly Reserve Capacity Fee will no longer be applicable; and the "Base Facility Charge" would then apply. S. The term "Base Facility Charge" refers to the minimum monthly charge to be paid by Developer aftor all accrued Reserve Capacity Fees and connection chazges are paid. The charge will be made regardless of consumption. ~~~5 •a6id ~•" "~SSTS Z9f~t'9~E88ST~821T9S ao~f mays: i8 66-SY-eny use~~W•d•A~F9 1~~5 ~, (~. ~,p~~~, F,xtension_ A. Developer shah at its sole cost and expense provide the necessary design, engineering, permits, testing, stakeout acid inspection engineering services for the installation anal construction to cornnect to the existing 6" Main at the intersection of S.R. 713 and Dear Run Drive and construct a 6" water main approximately 2,000 feet along the east side of S.R. 713 to the northern property line of the site and deed, free of all liens avid encumbrances, to the utility as required for the provision of water service to the property: 1. Developer agrees to allow Culpepper & Terpening to inspect the lines during installation and upon completion and agrees that Culpepper & 'Terpening will certify lines. The cost for this shall be paid by the Developer. B. Deeds andJor Easements: Developer shall at its sole cost and expense provide ar+d deed necessary land and(or casements on the Property, free of all liens and encumbrances, to the Utility as may be required for the water distnbution lines and appurtenances to the Yropcrty or adjacent properties. 7, S~yice Date: A. Upon receipt of the appropriate deeds and/or easements free of all liens and enetmtbrances, completion of the construction of the water lines and appurtenances, approval and certification by the Utility's engineers and receipt of all monies owed by the Developer, the Utility will provide service to the Property. The Utility will provide and install the 1" water meter upon Developer's request. B. The Utility at that titre shall also provide a letter of commitment addressed to the appropriate government or regulatory agency and to the Developer stating that it has accepted the lines and appurtenances for maintenatrce and that adequate domestic water service is available to meet specified requirements. Utility approval will not be unreasonably withheld or delayed. 3 - •6~1 SSif L9- I95e085 T0Ltt95 uo~! wa£S+£0 66-I£-6ntl usa~ou•j•0+F9 iua5 8. Q,~,.:P~ip ^rd rtain~l'1~3 of .i S• A. Both parties agree that ail facilities constructed within ehe senlce area of Utility, or within a granted easement area, snail be deemed to be owned try the Utility when installed and approved and all monies owed to Utility have been paid. B. Developer shall, without the requirements of a separate written request of Utility, confum conveyance of applis„able land title and title to those facilities installed in the service areas of Utility, frce of all liens and encumbrances. As long as the Utility operates the system serving the Property, all responsibility for repair and maintenance of the facilities shall be borne by Utility net including warranty repair. Facilities deeded to Utility by neveloper shall be warranted by Developer agaizxst faulty materials and/or workmanship for a period not to exceed one yeas :from the date of acceptance by Utility. C. In addition to such documentation as specified in 111,8,E herein, Developcr shall cause the following items to be delivered to Utility upon the Developer's engineer's cert~cation of the Utility's improvement: (1) Reproducible "As Built" mylan, plans, engineers' report surveys, plats, property records, easemetrts, permits and agreements and other information pertaining to the facilities so conveyed. (2) Certified record drawings from the Project Engineer of record, along with any engineering staneys taken from engineering inspections of construction w}lile in progress. A. The Developer shall pay Frt~* TttoLaan~y.e` ~ttdred ninty-twO ~ rS b "/ Q ($4, 592.65) in connection fees. B. Upon payment of the above fees and execution, of this agrc;~anent, the Utility wiU begin a monthly billing which will include the Guaranteed lZevenu~; S a6~~ SStt Z94 T9SE98St0LLS9S 4e~d ~~LS~:O 66-iS-e^tl ujg7~W'd'As F9 1ua5 Charge of $6.7.10. Upon connection to the system, the Utility will initiate a monttily billing charge wttich will include the Base Facility Charge of ~2~., plus consumption ($3.29 per 1,(100 gallons used). The Developer will pay for ail water used in association with the property. Developer recognizes khat the above charges are based upon the actual current approved connection charges. C. Developer agrees that if charges change ar if new charges are approved and in effect at the time of connection, Developer will pay the difference between the current charges and those in effect at the time of connection. and any new charges required at the time of connection. D. All rates and charges made by Utility to Developer, and to future customers who will be serviced by Utility, shall be made in accordance with such tariffs filed by Uatig- with the Public Service Commission in accordance witb such tariffs, as amended, as may be from time to kirne adopted and approved by the Public Service Commission in accordance with its regulatory authority contained in applicable statutes, ordinances, rules and regulations. 10. Connection jja; A. Utility and Developer specifically agree and acla7owledge that the equivalent residential connections (EKG's) to be connected to the utility's utility facilities lion the proposed lines and facilities within the property shall be linuted to 2.31;RC's. B. The gallons allocated and charges contained in this Agreement are based upon the estimated gallons of usage to be supplied to Developer and Utility reserves the right to revise such figures to contirm to the actual usage, which may be computed at any time by averaging any consecutive three {3) month period during any calendar year. Developer agrees to pay any additional charges which would be required by applying current rates or those applicable during the three month period which generated the increase to any recomputed gallons of usage. C. Utility is not obligated to provide plant capacity or service in excess of the amounts estimated to be supplied in the agreement. All charges have been 9 g a6a~ l £STS Z94 S9SE80S t8ttS9S yo~f u~S5sf9 66-SL-6^tl uSQ7~N•d'Flt ~9 }ua5 supplied based on estimated usage supplied by the Developer and Utility may require Developer to curtail use which exceeds such estimated requirements. D. No tie-ins or hook-ups to the water system shall be made without the express consent of Utility. 11. D fa Tlt ndNo 'ce of Default: A. if any act required by this Agreettzerzt is not accomplished in a timely manner or if any act prohibited by this Agreement is committed, then this Agreement is in default. Notice of Default and the grounds shall be sent to the defaulting party as provided in PART VI herein of this Agreement- I~efaulte in operational performance shall be cured within ninety (90) days alter Notice. (1) Default by Developer: Should Developer or its assigns be in default of this Agreement, the parties hereto agree that Utility shall be entitled to the following remedies: (a) Utility shall be entitled to recover from Developer a sum equal to the actual damages caused by Developez's default plus interest at the statutory rate from date of default. (b) Utility shall be entitled to any and all other remedies available at law to Utility, including reasonable attorney fees; failure to exercise any such remedies shall not construe a waiver of said remedy. (2) Default by Utility: Developer sbaU be entittect to any and all remedies available at law to Developer. B. Developer shall pay utility for the monthly service within twenty (20) days after a statement is rendered by the Utility all sums due and payable as set forth in such statement. Upon failure or refusal to pay the amounts duo on statements as rendered, Utility tray, after (5) days advance written notice, in its sole. discretion, discontinue service. 6 1 aea~ SSii Z9Y T?SE88ST911T9S YOJ,~ u~tSsSB 66-TS-6^tl uTe~oW•j'A~~9 iuag +~ `"I` j~~RT I~/ - I~'[TL i_T_Y:S DI3LIGA'IIQI~ 1?. Deg nav_,~ rnx~ ovat_ Utility shall seek regulatory approval of this agreement in a timely manner. Should all or any part crf this Agreement not be accepted by the regulatory commission, then, at Utilit,~'s option, this Agreement may be subject to renegotiation, or may be declared nuq and void in which case the Utility shall, in a timely manner, refund all monies paid by Developer. 13. h~ainten~ce of SvSt, em: A. Utility shall maintain the water distribution system up to Developer's 1roperty when the water distnbution system has been approved and certified by the Utility's engineers. 13. Utility shall at all times reserve 2.3 ERC's of water service for the Property upon payment by Developer. Utility specifically agrees that it will not sell water treatment plant capacity to any other person(s) if such sale would affect its ability to provide full service 2.3 ERC's to Developer v-~hether or not Developer is then utilizing full senlce, provided connection and reserve capacity fees are paid for in full. 14. lIItuQ,sSiktility to Provide Seri^Ce: A. In the event that Utility, through no fault of its own, cannot pro~~de sufficient service as a result of the actions of any regulatory agency, then Utility's sole obligation shall be to refund Developer's proportionate charges as described in the Agreement, for the proportionate capacity 'which the Utility is unable to provide. B. The Utility shall famish water at a reasonable constant normal pressure in accordance with public health requirements. Arty temporary cessations oz intemiptions in the supply of water service to the Property described herein at any time caused by an act of God, fires, strikes, casualties, accidents, power failures, necessary maintenance work, breakdowns, damage to equipment of mains, civil or military authority, riots or other causes beyond the control of the Utility shall not constitl~te a breach of the provisions contained herein nor impose liability upon the Utility by dxe Developer, its successors and assigns. 7 8 a6fa SSTf Z9Y T95488ST0LLL9S ya~J ~~b5s S0 66-it-6^tl u2e~~N'j'ITs ~9 ~YdS PART V - MtlTt?A>a-~2YE~IANTS 15. A¢~„ `, *"P^*t and Amendments; This Agreement shall he binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement constitutes the entire understanding and agreement between the parties reierant to the matters referred herein. No additions, deletions, modifications or other changes of this .Agreement shall have any force or effect, ar be of any validity unless made in writing and executed by and between the parties with the same formality as this Agreement. Tbis Agreement shall not be assigned without the Lltiliry's prior written approval. 16. ~xlells Prohibited on Developers' ProTnerty~ Developer, its successors and assigns, and die owners and occupants of buildings on Developer's .Property, shall not install or maintain any water wells. No wells shall be connected to any potab{e water system, per Florida D.E.R. Chapter i7-22, except those public wells provided for herein, without the written approval of Ltiliry in iu sole discretion. 17. l tility Not Liable for Deve~~15 nr Co stuner's Pmp~t: Utility is responsible for maintenance and operation of water lines, .laterals, and appurtenances in public rights-of--way or utility easements. It shall not be liable or responsible for damage to or maintenance of any pipes, pipelines, valves, fixtures, or equipment owned by tJtiliry customers or consumers on Developer's Property. Utility shall be responsible for any damage it caries to customers' or consumers' lines but will not be responsible for consequential damages. 18. FffPcdve Dares Unless otherwise specified in this Agreement, this Agreement shall be binding when fully executed by al( parties, subject to any legally required approvals. 19. ~ Precedent As to Contrib~tions_ The provisions of this Agreement shall not be construed as establishing a precedent as to the amount of basis of contribution to be made by Developer or other customers, or the acceptance thereof on the part of Utility, for other utility system extensions that may be required hereafter by Developer or any other developer and which are not presently covered by this Agreement. 8 ZT~6 a6a• LSfi Z9• [9S480S[0LLS95 4OU! '+~4S=L0 66-TL-a^tl ute~~N'j'~I=~4 '1ua5 Pier r/ 2p. Hnld H~T?r[Iess Provision: It is mutually agreed that the Utility shall be held harmless from any and all liability for damages if Utility's obligations under this Agreement cannot be fulfilled as a result of any ruling or order by any other governmental or reguiatory agency having jurisdiction over the subject matter hereof through no fault of its own. Gn such event this Agreement shall be null and void and unenforceable by either party regarding that portiom of the Developer's Property for which Utility cannot perform its obligations. If either parry fails to meet its obligations through its own fault, the other party shall have the right of specific performance and all other available legal remedies. 21. ~; All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been fully given if delivered or mailed, certified with a return receipt request, prepaid to: DEVELUPER: Victor Pitrowsici Lakewood Park Congregation of Jehovah's Witnesses 6306 Ft. Pierce Boulevard Fort Pierce, Florida 34951 I7TILTl'Y: Holiday Pines Service Corporaaiox- 442? W..Kennedy Blvd. Suite 375 Tampa, Florida 33609 9 a6ea roe ~a 6n uie>>N•j'I9%F9 iu+5 L[~8i :S[[ L9Y T9SE805T0LLT9S ! SSs SB 66-IL- tl '~' ~ ?2. Attom~y Fees: It is further understood and agreed that if either party fails to comply strictly with the terms of this Agreement, the party found to be in non- compliance by the court shall pay aU costs and reasonable attorney fees for the enforcement of this Agreement. 23. ~jmg.j~+f h . _aaence: All time limits stated in this Agreement are of the essence of this Agreement. 24. C'an inns. Captions comained in this Agreement are for indexing purposes only. To the extent they may be inconsistent with the language of this contract, the contract language sball govern. io Zl~ii aea~ LSii Z94 [9SE80SS0LLT9S '+ou~ y~SSstO 66-ii-d^tl uie~~H'i'AS~Q 1ua5 ~.[/~ IN WITNESS WHEREOF, Developer and Utility have caused these presents to be executed in their respective names by their proper officers or authorized signatories and they corporate seals (if applicable} to be hereunto affixed by their proper officers or authorized signatories the day and year first above written. Signed, Sealed and Delivered in the Presence of: 17EVEL01?ER: Lakewood Park Congregation of ' ess ~/ ~ L BYf .tom r Witness ~+i oJ'~ ;-h+~vt,.)~. Its ~+ UTILITY: Holiday Pines Servi Corp. WiGaess (Thomas 1. wn) Its: President (affix Corporate Seal hero) STATE OF FLORIDA, COUNTY OF ST. LUCIE I I~REBY CERTIFY that on this ~ day of May: 1999, before me personally appeared ll'~ ~6~ `: y',Pd~~1h'/ as ~",~%~~ t .f r of l y~C~ld~O ~fI~K C~uN~6i~~'io~' of ~~+`~`~~'s l ~s7NEIIc`•S , to me known to be the person described in and who executed the foregoing'Water Service Agreement and he acknowledged the execution thereof to be. .. ~-['r )L `r~ilIIAO ~`t. it01t )t Not Public N~ ~~ stew ccF+.oT~ ;t ~}' 4 a CoquD'geitm No. CC 613043 )t ?orM1~MyCaNrtis3i0AFxF Utt2lrol >t hwed'Mw)Y fi-;Ierry4ewa~AtaiingCo. ), STATE OF FLORIDA, COUNTY OF HILLSBOROUGH I HEREBY CERTIFY that on this ~ day of iV1 x142. before me personally appeared e ~or~.tis~, a Corporation under the laws of the State of Florida, to me known to be the person described in and who executed the foregoing Water Service Agreement and he acknowledged the execution thereof to be. /` 4 ~~~ Notary Public ) ^ 9co~~-9aCwTtiai~ •F yam,.. p1u.18.1003 r aondad.2h~ ' ~,+r At1u.NnBondtniG^Ine. !t Z T~Zi •6ve LSTT Z94 T9S400ST011[9S ro~~ ~~SSt LO 66-[L-e^tl uta~oN'd'17)~9 iu°5 DATE: March 14, 2000 REGULAR [ ] AGENDA REQUEST CONSENT [X] T0: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT) iit; ~ ; i -~ Department ITEM NO.C5-8 PUBLIC HEARING [ ] PRESENTED BY: SiTRJEC'T' Permission to purchase and install a Novell 411 Server from St. Lucie County Information Technologies Department. The cost of the server is $3,500.00 and will provide for extended growth of the department electronically. Also approve Budget Amendment BA00-121 and Equipment Request EQ00-205. FUNDS AVAIL.:441-3600-564000-300 PREVTOTS ACTION: NONE R Fc~nnrttvrFNDAT I ON Staff recommends that the Board approve the purchase of the server from Information Technologies in the amount of $3,500.00 and approve BA00-121 and EQ00-205. rOMMTSSTON ACTION: CONCUR [~ ] APPROVED [ ] DENIED [ ] OTHER: %L1~ ~, ~w` ~~ c'oord~nation~/5,~~~cn~atLre,/s~~ County Attorney: X ' ,~ ( Mgt . & Budget :~:K /~~:~i~ "1 I 1 ~~ Originating Dept : X { ~ (t,~ j ~~~ ~ :~~ Other: Finance Director:(Check for Copy only, if applicable) Anderson y Administrator Purchasing Other: Eff. 5/96 ~C>,Q-R® ®F COUNTY C®I~NIISS~C)NERS V UTI LITI ES ~ RECYCLI N~ ®EPARTMENT WILLIAM f3LAZAK DIRECTOR MEMORANDUM TO: Boazd of County Commissioners FROM: William Blazak, Utility Director ~,~,~1~ DATE: Mazch 7, 2000 RE: Novell 411 Server /Information Technologies With the continued growth of the Utility Department and recent upgrades to our Banner Utility system being implemented, the need for a new server for the department has developed. Utility staff has been working with Information Technologies to plan for the growth of the department and to implement new services that are available for use with the Banner upgrades. Utilities is in the process of implementing electronic work orders for both water/wastewater customers and gazbage customers. Complaints and work orders aze currently generated by hand and faxed to our field locations or our contract hauler for follow up and completion. The new system would allow for a work order or complaint to be electronically generated and transmitted to any of our locations through our computer network. As the department continues to grow the installation of this new server will isolate the utility department on a sepazate server and allow for extended growth and flexibility. The cost for purchase and installation of the new Novell Server with tape back up is $ 3,500.00 . RECOMMENDATION: Staff requests that the Board approve the purchase of the Nove11411 Server in the amount of $ 3,500.00 from St. Lucie County Information Technologies. JOHN D. 6RUHN, District No. 1 • DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. 3 FRANNIE HUTCHINSON, District No. 4 CLIFF 6ARNES, District No. 5 County Administroror - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982 • Phone (561) 462-1150 • FAX (561) 462-1153 BOCC of St Lucie County '~°`" St Lucie County Automated Services 2300 Virginia Avenue Ft Pierce, FL 34982 Send To Utilities/Recycling ATTN: Patty 2300 Virginia Avenue Ft. Pierce, FL 34982 Quote Date Quote No. 2000- 1 /17/2000 167 P.O. No. Customer Ship Date REP Work Order No. Serial No. To Follow 1 /17/2000 13298 Qty Item Description Cost Total 1 Misc Novell 411 Server w/UPS and Tape Back up 3,500.00 3,500.00 r,~ ,-- C _~ ,.V ;~ =~; -~ = Total X3,500.00 BEGET AMENDMENT REQUEST FC~~`A REQUESTING DEPARTMENT: OMB/UTILITIES PREPARED DATE: 03/08/00 AGENDA DATE: 03/14/00 TO: 441-3600-564000-300 MACHINERY & EQUIPMENT $3,500 ~ FROM: 441-9910-599300-800 RESERVES REASON FOR BUDGET AMENDMENT: PURCHASE AND INSTALL NEW NOVELL 411 SERVER FOR THE UTILITIES DEPARTMENT IS NECESSARY FOR NEW BANNER UPGRADES AND DEPARTMENT CONTINUING GROWTH. CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: N/A DEPARTMENT APPROVAL: L•"~.-~Z~~ ~,~, ~(,:~(~ ~.l...C'L OMB APPROVAL: ~~'~~ BUDGET AMENDMENT #: 00-121 DOCUMENT # 8 INPUT BY: $3,500 ~ G:18UDGETOUA'tTRO\GENERAL\FORMSWMENDMOO.wb3 03/08/00 °o 4 0 0 ~ ~ u~ ~ ~ o ~ cn ~ 3 ~ ~ m r c' v O c ~- ~- Z o ~ ~* v~ aN'~ z a ~ ~ p ~ m 4 a oa w a~ ~ o r C1 ~ c g a ~ ~ ~ W m } J w ~ C ~ ~ ~ V W ~ D Z ~ o w w ~~ ~ ~ t- ~~_ V tL Q ~ O Z_ Z ~ y Z O OON w a w ~ a3i v ptLW ~ Q ~ ~ c Q OC F- ~ ~ ~ m~~ O ~a ~a o o = Z ~ w W OZO N ~"" W~a ~~ ~ a ~ o ~ ~ (~ W s a~ ~ o ~ • N ~ ~ Os ~ ~ ~ .p w ~ O .~ V y ), ~ tc~ ti ~ ~ i W ~ O ° ' ]~, '~ C3 ~ ~ ~ .. ~ ~ Cl W > > Z xk O ~- Z O O ~ F. w ~ Z z ~ Q w a U- w a a ~ O ~ - u .. w 0 > o w ' m ~ -~ w AGENDA REQUEST T0: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): LTt;l;t;es Department ITEM NO.C5-C DATE: March 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: SUBJECT: Permission to purchase a control panel to replace an existing panel on North Hutchinson Island. F.J. Nugent has submitted a proposal to supply the control panel in the amount of $5,750.00. Also request approval of Budget Amendment BA00-122 and Equipment Request EQ00-206. FUNDS AVAIL.:448-3600-564000-300 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board approve the purchase of the control panel from F.J. Nugent in the amount of $5, 750.00 and approval of BA00-122 and EQ00-206 COMMISSION ACTION: CONCURRE~7CE: [X] APPROVED [ ] DENIED [ ] OTHER : ------_~- Do derson C u ty Administrator Coordination/Sirmaturea County Attorney:X „~ 1 Mgt. & Budget:X V Purchasing Originating Dept:X ~ ~ L[, Lr Other: Other: Finance Director:(Check for Copy only, if applicable) V' Eff. 5/96 +~ QOAR® OF COUNTY COMMISSIONERS UTI LITI ES ~ RECYC'L1 NCB DEPARTMENT WILLIAM l3LAZAK DIRECTOR MEMORANDUM TO: Board of County Commissioners ~~,, FROM: William Blazak, Utility Director ~, ~'~~' DATE: March 14, 2000 RE: Control Panel Purchase BACKGROUND: The Utility Department requested quotations from three vendors and F.J. Nugent submitted the lowest price for the panel. The panel that Nugent quoted is currently utilized in the Airport collection and conveyance system. The purchase of this equipment is for replacement of an existing panel in a lift station on North Hutchinson Island. The lift station is being completely rebuilt as part of a settlement to provide beach access for owners of Coral Cove on North Hutchinson Island. Our lift station is located within an easement adjacent to A-1-A and has the ability to provide the only access to the beach. The landowner of the Atrium is providing additional walkway access from our easement to the beach and all the additional work required to the lift station to provide the access. The lift station will be cleaned and re-coated internally, new access hatches provided, new electric service, new valve pit and a new emergency pump out. The total cost of all the renovations is estimated to cost approximately $ 60,000.00. The Utility Department is responsible for only the cost of the pumps and control panel. RECOMMENDATION: Staff recommends that the Board approve the purchase of the control panel from F.J. Nugent & Assoc. In the amount of $ 5,750.00 and approval of necessary budget amendment and equipment request to facilitate purchase. JOHN D. [3RUHN, District No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. ~ FRANNIE HUTCHINSON, District No. 4 CLIFF 6ARNES, District No. 5 County Administrator -Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982 • Phone (561) 462-1150 FAX (561) 462-1153 s ~s ~J~t11'7 A ~~~~d1~1:I~ ~s 464 Siesta Key Bivd., X413 Telephone: 914596-2475 Deerfield Beach, l:'l. 33441 Fax: 954596-2476 Q~~~~~~~ late: 1/17/04 To: St, Lucie Co. Amt: Bill Blaz$k lte: Sands Oceattview L.5. tiJVe are pleased to offer the following equipment for your consideration: One (I j Sta-Con duplex control panes in 304 SS enciasure as pet engineer's plan sheet 4 of 5 exempt with transducer controller. Price: $5750.00 Price: As above Delivery: Pumps-Z-4 weeks after approval. Panel-6 weeks after approval Freight: FOB factory with full freight allowed to job. Terms: Nct cash 30 days. Than:<s very much for this opgortututy to quote. if you have questions or seed additional information, please feel free to contact meat your convenience. 5ancerely, RoGert Whitle}~ ~ MgNUfACTURfR'S REPdESEN~Ai~Yt Q Wn1'?R ANU WASTC WATCR TICATMCNT FQUI7MFNT ¢L{,~¢ t. if~¢Li8 b CCMi~Mtl ,~~p-j~ g~ a A y y®~ g~/ PROP®SAL T6~. $T. L~1/CO~ COI~~TI ~ WAY 9VE ®8'eY~~ January 12, 2000 S401f~olECTs 5D5 OCE~-NSIDE llbaiaPfB~ ~ C®~~~Y~ PP~a~iJis We are pleased to offer the following equipment: ONE (1) Duplex Control Panel #o St. Lucie County Standards ONE (1) Panel Spare Parts ONE (1) Duplex Controller ONE (1) General Purpose Probe Model 2.5/10-lOm with 33' cable TWO (2) General Purpose Probe 1rAodel 0.2/1-lOm with 33' cable P 1 E: $7,005.00 plus taxes,FOB factory,with freight allowable to jobstte THIS PR®POSAL WILL EXPIRE IN T1rlIRTY (3®) DAYS UNLESS EXTEN®ED IN WRITING ®Y ELLIS K. PHELPS & trO~Pl~iAIY . NOTE: WE DO NOT SUPPLY PIPING,VALVES,GUIDE BARS,PRESSURE GUAGES OR SPARE PARTS EXCEPT AS~ INDICATED ABOVE. TERMS: SUBJECT TO CREDIT APPROVAL NET 30 DAYS AFTER DATE OF INVOICE OR 100% PAYABLE BEFORE START-Ulu OF EQUIPMENT(WHICHEVER C®tMES P14~ST.) A SERVICE CHARGE OF 1.5QJa PER MONTH WILL BE ADDED TO ALL BALANCES UNPAID 30 DAYS AFTER tNV01CE DATE. FAILURE TO PAY IN ACCORDANCE WITH THESE TERMS WtLL VSJ1D ALL ~lfARRANTIES_ CONDITIONS :1) Price i~s firm based on our receiving complete a.p,provat and release for production four (4) weeks after drawings have been submitted by Ellis K. Phelps & Company 2) PARTIAL. BILLING W11.L BE MADE ON ANY PARTIAL SHIPMENT . We thank you for your interest in our equipment and look forward to being of service to you in the near future . A SIGNED FACSIMILE COPY OF THIS PROPOSAL IS ACCEPTABLE AS A BINDING CONTRACT . ELLIS K. PHELPS & COMPANY ACCEPTED 6Y: ~~ ~ ' COMPANY: STEVE KO~S . DATE: }73D }0~• STREET WEST RIVIER4 BEACH. FlOR10A 77404 Sti1.848.1200 FAX 5Gt•848•}299 A P O P K A Q i f M Y E N S ~ RIVIERA B E A C H Q S n V n N N a H 14CJ4ily~ JGll4aly i , <VVV I.tG I-Irt fir' VUIIUC.• JV 1-yVL-ILJI F.1.VL Ol/II/00 TG5 11:38 FA.Y 1 954 348 0883 B13RKE1'S PUPS ~ X002 _ ->- xo: F9-1Zls ~ P ~ ~ P~l YS E page 1 of 1 ~, taoso N.w. xo sr ~ Tp~ p ~T CGRAL SpRiNGS . FL 33065 4lL~~tl~~,~. (934} 3x6.0669 Fax 95~~-~3945-0~9 naiDH DATE fut. 11 ~~ avatar TO ~ Attn: Pat Walsh FOR SH1PA+~T TO RefJAttn wands Qceansid 'R 5tstio ~b_ pEt.1VERY viA 1~OM 6-8 weeks Truck Lane Lakeland Frt Attovred ~ Atot 30 Prices quoted ara Bna for 30 days, then subject ~ adjustmart to agree . ,~~ i~a ;r, eft at time of al+iputetu and subject to mY tax required 9Y bylaw. This quotation is subieet to HM staadatd terras and cottdition~ eot~aet spt tart ~- _ ~r~• Bobby Wherey BEGET AMENDMENT REQUEST FOB REQUESTING DEPARTMENT: OMB/UTILITIES PREPARED DATE: 03/08/00 AGENDA DATE: 03/14/00 I TO: 448-3600-564000-300 MACHINERY & EQUIPMENT $5,750 ~ I FROM: 448-3600-599300-300 RESERVES REASON FOR BUDGET AMENDMENT: PURCHASE A REPLACEMENT CONTROL PANEL FOR A LIFT STATION ON N. HUTCHINSON ISLAND. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # 8< INPUT BY: THE LIFT STATION 1S BEING COMPLETELY REBUILT AS PART OF A SETTLEMENT WITH CORAL COVE. N/A N/A N/A ~~~~~ ~ 00-122 $5,750 ~ G:~BUDGETOUATTRO\GENERAL~FORMSWUIENDM00.wb3 03108!00 D A ~"''' C A v ° m ~ ~ ' v c N ~ 3 ?~ m 3 m 0 3 m z c ~ D ~ Z ~ 4 cD n 0 02 -~~' c" O y -c_i o o n a;. ~. ~• p 0 ?C ~ cr, ° Z ~ y y rn 4c D ~-~. ? v ~ ~ ~ ? Z ~ p j ~ O ~ n ~ ~ r N W y ~ ~ • N c~ cD ~ ~on~ ~ rnr ~ p y~ A C v C n ~?~ ~~ n ~ ~y ~m amn ~ °,~ a mac ~~ ~v ~rn~ y nA ° `° a~ ` W m n m - • t n ` ~ a a~ ~ ~ ~o a ~ m- nv ~ ~' ° o ~; oa ~ n ~ ~ y~0 '~~~ o z ~ v~~~ z Z ~ ~ o 3 ~ C a n a '~ c ~=p m ~ ~ ~ ~~-,• ~ mv, m z ~nC m Z 3 . 0 ~,c~ ~ ~ ~ °m r- 1 o -< ~ ay~~ ~ Sao o;~y~ m~~- m 3 ?~ c~3 ~ ~ ~ 4 m -Z i ~ m N ;~ Vs p ~ ~ ~ ~ , ~ ~ as ~ , ~ ~ Vi ~. ~ m m m O RI w ~ ~ ~ ~D ,~ .,, n ~ ~ _ ~ ~ fn ~ N y ~ ~ Of .~ v .-n ~ ~ o o• ~. m Q ~ y' p Z ~ W c D O AGENDA REQUEST ITEM NO.C5-D DATE: March 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] T0: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ili_i ~ D nart-mPnfi PRESENTED BY: SUBJECT: Permission to purchase two submersible pumps for replacement of existing pumps on North Hutchinson Island. Two pumps with new hardware will cost $ 6,018.00. Also request approval of Budget Amendment BA00-123 and EQ00-207. FUNDS AVAIL.: 441-3600-564000-300 PREVIOUS ACTION: None RECOMMRNDATTON: Staff recommends that the Board approve the purchase of the pumps from F.J. Nugent & Assoc. in the amount of $ 6,018.00 and approval of BA00-123 and EQ00-207. COMMISSION ACTION: CONCURRE~'CEe [X] APPROVED [ ] DENIED [ ] OTHER: Coordination/Stcnatures County Attorney:X ~, , Mgt. & Budget: Originating Dept:X ~ '~ '~'~1~~~r/ Other: Finance Director:(Check for Ct~y only, if applicable) ~naerson y Administrator Purchasing Other: Eff. 5/96 Q®AR® ®F C®U~TY CO 1SS1®NERS UTILITIES ~ RECYCLING ®EPARTENT WILLIAM [3LAZAK DIRECTOR MEMORANDUM TO: Board of County Commissioners FROM: William Blazak, Utility Director ~~'~ DATE: March 14, 2000 RE: Submersible Pumps BACKGROUND: The Utility Department requested quotations from three vendors and F.J. Nugent submitted the lowest price for the pumps. The pumps that Nugent quoted are Ebara pumps which are currently utilized in the Airport collection and conveyance system. The purchase of this equipment is for replacement of old pumps in a lift station on North Hutchinson Island. The lift station is being completely rebuilt as part of a settlement to provide beach access for owners of Coral Cove on North Hutchinson Island. Our lift station is located within an easement adjacent to A-1-A and has the ability to provide the only access to the beach. The landowner of the Atrium is providing additional walkway access from our easement to the beach and all the additional work required to the lift station to provide the access. The lift station will be cleaned and re-coated internally, new access hatches provided, new electric service, new valve pit and a new emergency pump out. The total cost of all the renovations is estimated to cost approximately $ 60,000.00. The Utility Department is responsible for only the cost of the pumps and control panel. The court settlement is dependent upon approvals being received to perform the necessary work associated with the walkway. It is anticipated that all approvals will be received and the agreement granting the easement access will be brought back before the Board of County Commissioners for approval. The County Attorney has been working closely with the attorney involved with the settlement and has reviewed the agreement. RECOMMENDATION: Staff recommends that the Board approve the purchase of the pumps from F.J. Nugent & Assoc. in the amount of $ 6,018.00 and approval of Budget Amendment BA00-123 and Equipment Request EQ00-207 to facilitate purchase. JOHN D. f3RUHN, District No. 1 • DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. 3 FRANNIE HUTCHINSON, District No. 4 CLIFF DARNES, District No. 5 County Administrator -Douglas M. Anderson 2300 Virginia Avenue Fort Pierce, FL 34982 Phone (561) 462-1150 FAX (561) 462-1153 !SON 11:44 F~~ 854 58S 2075 iyugeni illeerrield ~ Uol 564 Siesta Key Slvd., X413 Telephone: 9i4-596-2075 Deerfield Beach Fl. 33441 Fax: 954-596-2076 Q~~ .f~~T~~~ Date: 1 /] 7/00 To: St. Lucie Co. Attn: Bi]l Blazak Re: Sands Oceanview L.S. We are pleased to offer the following equipment for your consideration: Two (2) Ebara 80 DLFU 63.7 submersible wastewater pumps each rated to deliver 400 GPM Q 26' TDH, 5 ~, 17501tPM, 3/230 volt complete with 4" base a}bows, guiderail brackets, and 4 lengths of 2" 304 SS guiderails. Price does ~ include access covers. Price: SG018.00 Price: As above Delivery: Pumps-2-4 weeks after approval. Panel-b weeks after approval Freight: FOB factory with full freight allowed to job. Terms: Tdet cash 30 days. Thanks very much for this opportunity to quote. If you have questions or need additional information, please feel free to caritact me at your convenience. Sincerely, RoGert Whitley Tuesday, January 11, "L000 1:22 PM Utilities 561-462-1Zy1 ~ ~ p 01 O1/1l /00 ?"_~E 11: J9 FAli: 1 BS4 .ti~rOBBS HARNEY' S PCi!KPS X1001 No: F9_I216 ~ RARNEY PUMPS INC. S Page 1 of 1 12080 N.w. aD" ST I CORAL SPRINGS, FI.33065 ~UUTA'TIO~T: (954) 346-0669 BROwARD •(305)945.0279 DADS Fax (954)346-0993 DATE Jan. 11.2000 Avatar Florida Job Site FOR TO Attn: Pat welsh SH TMENT Rei;/Alfa Sands Oceanside LiR S4ation Rshab 6-8 weeks ~ Truck Line ~ Coral Springs (Frt AUowed ~ Net 30 t1'Elw UAN PR1CE COS: 420 GPM @ 26' T'DH 2 i~ydromatic Model S4MSOOM3-4 submersible sewage pumps with 50' power 56,130.00 1750 RPM motor with seal failure and thermal 23013 6 SS" impeller 5 HP cord PKG , , . , , overload sensors. Ptlmps~ are equipped with stainless steel lifting bails and cable. Does not include: taxes, anchor bolts, piping, field wiring, rail system, hatch. coven, etc. Prices quoted are 6rm for 30 days, then subject to adjustment to a~ee with prices in effect at time of shipment and subject to any tax required by low. This quotation is subject to BPI standard terms and eonditiats; ° Contact BPI Credit Manager for a copy. BA>RPtBY'S PUtiRPS, tNC. BY Bobby Wherry 1561462115.3 I'. b2 `~/ V~ Y M A N U F A C T I1 R F R' S R[ P R C S C N (A T I V E p W A l! M A N U W A S T E WATER i R E A T M F N T F 1 11 I P M E M T ClafB K. PNlL-• • COMa4Nv PROPOSAL T0: ST. LUCRE COUNTY-YVd1YNE DAVIS January 12, 2000 SUBJECT: SANDS OCEA~ISIDF REHAB We are pleased to o#fer the following• equipment: TWO (2) 4"CP3I02/432 Shp 3/60Y230v Flygt Submerisb8e Pump with 40' of Mofar Cable One startup service by •a represeRtatf;re of this company: PRICE: $7,156.00 plus taxes,FOB factory,with freight allowable to jobsite THIS PROPOSAL WILL EXPIRE IN THIRTY (30) ID/tYS t1NLESS EXTENDED Hd- WRITING BY ELLIS IC. PHELPS & COMPARIY . NOTE: WE DO NOT SUPPLY PIPING,VALVES,GUIDE BAR5,PRESSURE GUAGES OR SPARE PARTS EXCEPT AS 1NAlCATFD ABOVE. TERMS: SUBJECT TO CREDIT APPROVAL NET 30 DAYS AFTER DATE OF INVOICE OR 100% PAYABLE BEFORE START-UP OF EQUIPMENT(WHICHEVER COMES FIRST.) A SERVICE CHARGE OF 1.5°Jo PER MONTH WILL BE ADDED TO ALL BALANCES UNPAID 30 DAYS AFTER INVOICE DATE. FAILURE TO PAY IN ACCORDANCE WITH THESE TERMS WILL VOID ALL yAIARRANTIES. CONDITIONS :1) Price is firm based on our receiving complete approval and release for production four (4) weeks after drawings have been submitted by Ellis K. Phelps & Company 2} PARTIAL BILLING WILL BE MADE ON ANY PARTIAL SHIPMENT . We thank you for your interest in our equipment and look forward to being of service to you in the near future . A SIGNED FACSIMILE COPY OF THIS PROPOSAL IS ACCEPTABLE AS A BINDING CONTRACT . ELLIS K. PHELPS & COMPANY ACCEPTED BY: /~ COMPANY: STEVE KISS DATE: 1730 10" STREET WFST RIVIERA REACH, FI.ORIOA ;t~g04 - 581•B48.1200 FAX 581.8g8-1283 A N U N K A p F T M Y E R S d RIVIERA BEACH 0 SAVANNA H RPR-14-299y 1i3~ 50 LSi=&H - STI;ART i Opinion at Cost of ~aind3 ~eeantrisaw Liit ~?atlon iZePtai~ilitarsofl ~t Lucie Caaulq Utilities Dale: id-Apr-99 .tnN AIY• l10.rY7ri1 561 2E6 3925 P.02i02 Itartt j fro. { item Dss ~ don fit0. d{ i Urots Unit unit Coat ftertl CO ~ .... 1 T Brfa6Nization _` . i t ( 15 (s I 33,n.00 ._ _.. . _ 2 ! AAeintenos of traffic . ~ 1 -...1,$ - (t) ~ St.~00' ... .. a .. 3' . . ~ uarrt~e rosettes -- .. .;_ ? .. t.s . ~1t1 saoo _ _. •~~- 4 Ratfat~itatt: tua'slitt lift station, .. i tAs f011otwin~: --~ . ~ _.. ~ i - Caiaais txwr {top rlattj to r dre. watwAN ~ t .. - ._ t_s • • !0 . _ . 3r.ttOt3 . _, • . - 84" x St" alwrtetum doubdr•teat YaatiNall ... . _-. 1 L$ _. tiD 3!,040 eceess Door ENCO tt- egtrsll . . .. i . • d9 x I8" deep rsinforeed csu>aale vshiepit 1 .. L5 ._ 30 i 3x,000 . . (matcj+ vpatinB dePwl , - ... ~ ' 4' x 4' afWRirWm dtxlala-Naf valw~it sCCBSS 4 .._ _ LS • --- 30 -• i ,- 3!.806 door t8itoo or ~) . . ~ .... - Voles pit in9 induda+g,ilanped DIP Dips end t . .. LS 30 ~ 310.600 .... _ 4^ check valves, two 4" Pki9 valves, __ . ... ... i cppwttpout riser and two p r .. ... _ _ - fWw pumps and guide null to sanrnrrrodata -. t LS 30 St0,800 Existing l.$ pumps (Hy~omedc Siff .~ .. - .. . 5 . ... _ Repair and Conatnrct Mietrrei inferior Fner systttnt .~. 1 VS t - (1) _ 3ta,000 _ • . - ._ i •- ~ s ; constrict is controls and txmtrot i . . .. t is - -.. Sto.ttoo anal, ie irtEluQa: -... ~ ... - . -Construct new p>tnil si~ort un,cane . --- ._.._ - Coru4uG new cottt~ parts! stn now support t ~ "'Y i -.._ ... I _. .. ~_.. - Construe! :tart stoat ecntrOb in nr wet areM and _. _. ....._ rartnac! to penal ' ~ ~ -- _.- . I ._ _.. •-- - 7 fclaclrieel. ir~ruClifp a1C4xftC8- serviC! fOr dR tistion i t LS .000 and ~ aleurirel f0- pumps end wntrok ....~. I .... ~ - I _ -- •• _... .. -- . . 9 ~ • Lill station startup ~tss_tin9 ,, t. 15 ~ - .31,600 . _ 9 - Ai7taadoranertof-e~cis~nglS~ -- .. .._ t LS _= 52.000 • Remove and diapaaa Of vdhiA vault _. ..' ~rnov_~ eacatt+sA valve ~ grtd t>~9 --• .- _.. _, i •Plug mrdsfing irf0uartt and dacha face mains ~ { . • .... at cennaaion polrits icr fixture oaxtestiort ......_.__ ~ ~ r -Core ditd horse in area aroN (ds rttquvttd) _. . t0 tAlstar Service siduding connet~tos, meter and RDZ ° 1 L5 - 33,000 .._ _ _....r - 17 ....... - eQtdcetnent Pesos 7 ~ LS - 32.to0 _ 12 ~ •--.... Finer radix and soddt _~ 300 { SY ~ S5 lb3t00 .... ~• 13 • •. _. Final grading asst seed/nwlch __ 300 SY 34 _ $300 • .. . ~ ._~ ~TAL T --~ ._" 3gp~960 .~........ _...._~ I _... ' ._.._.. ._ . ....._._ I I-- - . . i v~ca. {t) +1"iDBti 4or lump Burn dem7 intrude materials and inelaAatior t.SFH. tnc. P,se-0eer~aoar arm v;Tr t:c»s Oan~ai.,lup.dl6iaiiwi a TOTAL P.02 BEGET AMENDMENT REQUEST FOB REQUESTING DEPARTMENT: OMB/UTILITIES PREPARED DATE: 03/08/00 AGENDA DATE: 03/14/00 TO: 441-3600-564000-300 MACHINERY & EQUIPMENT $6,018 FROM: 441-9910-599300-800 RESERVES $6,018 ~ REASON FOR BUDGET AMENDMENT: PURCHASE (2) REPLACEMENT SUBMERSIBLE PUMPS FOR NORTH HUTCHINSON ISLAND, AS PART OF THE COMPLETE LIFT STATION REBUILD FROM A SETTLEMENT WITH CORAL COVE. CONTINGENCY BALANCE: N!A THIS AMENDMENT: N/A REMAINING BALANCE: N/A DEPARTMENT APPROVAL: ~-, ~ ~; OMB APPROVAL: %1, L~,%'~ BUDGET AMENDMENT #: 00-123 DOCUMENT # 8~ INPUT BY: G:18UDGET\aUATTRU\GENERAUFORMSWMENDMDD.wb3 D3/08/DU '° ~ ~ ~ n 3 m ~ 3 0 Z 3 ~ ~ 3 -Z,+ m z ~ m z c ,{ - ~ Z -i N ~• ~- ? ~ W ~ y 1 ~ C ~ ~ O ? ~ ~ ~ ~ y ~ ~ r ~ o ~ ° m 4 C ~ ~ y y ~ N 4 cD c?D ~ °'~-o fn ~ mr ~ ~ y ~ C ~ go ~'.~ ~ 3r'n av ~ y nm~ ~'ny'o m-Zic ~~~~ •~ rn Z~~ ~ o ~ 4 o cp ~ n A W `~ a ~ ~ Awn , ~ o v ~ a n o_,, ~ ~ , v =... c ~ m a ~ ~ m i•~ m - Np ~ ~ a,c oo, ~ Z ~ ~ 3 -~~- n ~ ,~~~ a < v„~ ~ ~ c S y c~ a°' ~3 m ~ v m ~ n C mD a ~y y m v ~ ~ m ~ 4~~ ~• `° ~ 5 o~ wm o a~.v -on ~~~ c °' ~. y z co Vs ~ ~ a;; ~ o m m m °o rn ; o ti p (D ~ ~ (n fA N ~ y D O ~ n ~~~ m ~ Q ~Qa ~ cp W O ? ,,,~ ''rr' 'r.r' AGENDA REQUEST ITEM NO.C5-E DATE: March 14,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] T0: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT) L7ti 1 ; ti e4 T~epartment PRESENTED BY: SUBJECT: Contract extension for LBF&H, Inc. and Camp Dresser & McKee for projects initiated and currently underway. Extension of contract C96-09-719 & C96-09-717 to June 30, 2000 for both firms. FUNDS AVAIL.:n/a PREVIOUS ACTION: BOCC approved original contracts and work authorizations for both firms. RECOMMENDATION: Staff recommends approval of the contract extensions until June 30, 2000 for LBF&H,Inc.C96-09-719 and Camp Dresser & McKee C96-09-717 for work in progress. COMMISSION ACTION: CONCUR CE: (~] APPROVED [ ] DENIED [ ] OTHER: /~' ~ Coordination/~„cnatures `~. County Attorney:X ~, ,r/?'_ .I ~~ Mgt. & Budget: ~' ~,1 ~ -~ Originating Dept:X ~~~~,~~_ Other: Finance Director:(Cfleck for Copy only, if applicable) v Anderson y Administrator Purchasing Other: Eff. 5/96 [3~AR® ®F C®~J~TY CC)11SSIC)~ERS UTILITIES & RECYC'LI ~! ~ ®EP,4RTMENT WILLIAM [3LAZAK DIRECTOR MEMORANDUM TO: Board of County Commissioners FROM: William Blazak, Utility Director >~ DATE: March 14, 2000 RE: Engineering Contract Extensions BACKGROUND: The contract extensions that are being requested for LBF&H and CDM will allow for projects that were initiated under their respective contracts to continue and payments to be processed. The Finance Department is requesting that extensions be granted to process payments consistent with the original contract designations. The original contracts expired on December 31, 1999 but the work was in progress on the two projects and needs to be completed. Consistent with RFP 99-085 new contracts have been negotiated with five firms for continuing Engineering Services for the Utility Department. The new contracts, once approved by the Board, will not have the ability to cover the period from December 31, 1999 to the present to process payment for work completed. RECOMMENDATION: Staff recommends approval of the contract extensions for CDM &LBF&H. JOHN D. (3RUHN, District No. 1 • DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. 3 FRANNIE HUTCHINSON, District No. 4 CLIFF DARNES, District No. 5 County Administrator - Douglos M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982 Phone (561) 462-1150 FAX (561) 462-1153 `.-' ~ SECOND AGREEMENT EXTENSION THIS AGREEMENT EXTENSION, made this day of , 2000, between ST. LUCIE COUNTY, a political subdivision of the state of Florida (the "County"), and CAMP, DRESSER & McKEE, INC. the "Engineer": WITNESSETH: WHEREAS, on September 17,1996, the parties entered into an Agreement between County and Engineer for Continuing Engineering Services (the "September 17, 1996 Agreement") wherein the Engineer agreed to provide professional engineering services related to planning, financing, design, and construction management of potable water, wastewater, and reclaimed water projects on a continuing basis through and including September 30,1999 and subsequently was extended until December 31,1999; and, WHEREAS, the parties havE agreed to further extend the term of the September 17,1996 Agreement through and including June 30, 2000 on the same terms and conditions to allow the Engineer to complete work already initiated under the September 17, 1996 Agreement as extended. NOW, THEREFORE, in consideration of the mutual promises contained herein, the September 17,1996 Agreement, as extended, is hereby extended anti I and through June 30, 2000. Except as extended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, and seal the date aforesaid. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney g:\atty\ngreernnt\camp dresser text Page 1 of 2 CAMP, DRESSER & McKEE, INC. WITNESSES: BY: Print Name: Title: g:\atty\agreemnt\camp dresser text Page 2 of 2 ~1r' ~ SECOND AGREEMENT EXTENSION THIS AGREEMENT EXTENSION, made this day of , 2000, between ST. LUCIE COUNTY, a political subdivision of the state of Florida (the "County"), and LINDAHL, BROWNING, FERRARI AND HELLSTROM, INC. the "Engineer": WITNESSETH: WHEREAS, on September 7, 1996, the parties entered into an Agreement between County and Engineer for Continuing Engineering Services (the "September 7, 1996 Agreement") wherein the Engineer agreed to provide professional engineering services related to planning, financing, design, and construction management of potable water, wastewater, and reclaimed water projects on a continuing basis through and including September 30,1999 and subsequently was extended until December 31,1999; and, WHEREAS, the parties have agreed to further extend the term of the September 17,1996 Agreement through and including June 30, 2000 on the same terms and conditions to allow the Engineer to complete work already initiated under the September 7, 1996 Agreement as extended. NOW, THEREFORE, in consideration of the mutual promises contained herein, the September 17,1996 Agreement, as extended, is hereby extended until and through June 30, 2000. Except as extended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney g~\atty\agreemnt\Lindahl Gowning text Pnge 1 of 2 'Lr' LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. WITNESSES: BY: Print Nnme: Title: g:\atty\agreemnt\Lindnhl Gowning text Page 2 of 2 fir' AGENDA REQUEST DATE: March 14, 2000 REGULAR [ ] CONSENT [X] T0: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Utilities Department ''+~/'' PRESENTED BY: STTRJFCT Approval of Engineering Contracts with LBF&H Inc., Camp Dresser & McKee,Inc.Mastellar & Moler, Inc.,Inwood Engineering, Inc. and PBS&J,Inc. FUNDS AVAIL.:N/A PREVIOUS ACTION: BOCC approved short list from RFP for General Engineering Services and granted permission to negotiate contracts with each of the five selected firms. R F ('OMMENDAT I ON Staff recommends that the Board approve the five contracts for general engineering services and approve the Chairman to sign the a reements. ('ONIlKTSS20N ACTION: [X ] APPROVED [ ] DENIED [ ] OTHER: ~/ ~/ Coord~ nat~ on/~cnatLres County Attorney:X ~-;.^J Mgt. & Budget: . ,I ;, 7 g 4 P i~l~~~ ~~'~~~r Ori iaat in De t : X , : ~, ~' u / ~+~ Other Finance Director:(Check for Copy only, if applicable) ITEM NO.C5-F PUBLIC HEARING [ ] ~cnaerson y Administrator Purchasing Other: Eff. 5/96 ~IMr QOAR® OF COUNTY CO>4~/l~AISSIONERS UTI LITI ES ~ RECYCLI NG 1DEPARTIv1ENT WILLIAM l3LAZAK DIRECTOR MEMORANDUM TO: Board of County Commissioners FROM: William Blazak, Utility Director ~~4 DATE: March 14, 2000 RE: RFP # 99-085 Engineering Services /Utilities BACKGROUND: Five engineering firms were recommended to the Board of County Commissioners to provide engineering services for St. Lucie County Utilities. The firms were individually contacted and requested to provide basic contract information to be included in the original contract that was part of the Request for Proposals. All of the firms have reviewed and executed the contract documents, prepared by the County Attorney, without any changes. RECOMMENDATION: Staff recommends approval of the contracts with CDM, LBFH Inc., Inwood Consulting Engineers, PBS&J and Mastellar & Moler, staff further requests that the Board authorize the Chairman to execute the agreements. JOHN D. [3RUHN, District No. 1 • DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. 3 FRANNIE NUTCHINSON, District No. 4 CLIFF 6ARNE5, District No. 5 County Adminisrroror - Douglos M. Anderson 2300 Virginia Avenue ~~ Fort Pierce, FL 34982 Phone (561) 462-1150 FAX (561) 462-1153 'EMI AGREEMENT BETWEEN COUNTY AN® ENGINEER FOR CONTINU3NG PROFESSIONAL ENGINEERING SERVICES TH3S AGREEMENT, made and entered into this day of , 2000, by and between ST. LUCIE COUNTY, a political subdivision of the state of Florida, (the "County") a~ L.13~,ff ,INC., (the "Engineer"). WITNESSETH: WHEREAS, the County proposes to retain the services of the Engineer to provide professional Engineering services on a continuing basis to assist the St. Lucie County Utility Services Department; and WHEREAS, the Engineer has agreed to provide such professional services in accordance with this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement; it is mutually understood and agreed as follows: 1. GENERAL SCOPE OF AGREEMENT The relationship of the Engineer to the County will be that of a professional consultant acting as an independent contractor. The Engineer will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices and good ethical standards. Individual work assignments will be initiated on an assignment by assignment basis upon the issuance of Work Authorizations by the County. 2. SCOPE OF SERVICES The scope of services to be provided by the Engineer under this Agreement includes providing professional engineering services related to the planning, financing, survey, design and construction management of potable water, wastewater and reclaimed water projects throughout St. Lucie County. 3. TERM OF AGREEMENTS WORT( AUTHORIZATYONS A. The Engineer agrees to be available to begin work promptly after receipt of a fully executed copy of this Agreement. Unless terminated earlier as provided for herein, the initial term of this Agreement shall be three years. The County reserves the right to extend the term of the Agreement for two additional terms of one year each on the same terms and conditions including the amount of the Engineer's fee. B. Specific .work assignments will be initiated as directed by the St. Lucie County Utility Services Director and shall be set forth in individual Work Authorizations. All Work Authorizations shall be executed by the Engineer and on behalf of the County in accordance with the St. Lucie County Purchasing Policy. The Work Authorizations shall describe the g:\atty\agre.emnt\contract\LBFH-continuing-utility -1- ''~ `.11 specific scope of the work to be performed, the amounfi of the Engineer's fee and the schedule for completion of the work. 4. ~i!/OR~C PRODUCT Ali sketches, tracings, drawings, computations, details, design calculations, and other documents and plans that result from the Engineer's services under this Agreement shall become the property of and shall be delivered to the County without restriction or limitation as to use. The County agrees, however, that no additions, deletions, changes or revisions shall be made to such documents unless the Engineer's name and professional seal are removed from the document. Any reuse of documents prepared by the Engineer for purposes outside of the scope of this agreement including Work Authorizations issued hereunder without written verification or adaption by the Engineer for the specific purpose intended will be at the sole risk of the County and without liability or legal exposure to the Engineer. The County shall; at no additional expense, be furnished one (i) set of reproducible copies of any maps and/or drawings prepared for the County by the Engineer. Notwithstanding any other provision of this Agreement, all of Engineer's pre-existing or proprietary computer programs, software, information or materials developed outside of this Agreement shall remain the exclusive property of Engineer. 5. COMPENSATION The Engineer shall be compensated for all services rendered under this Agreement in accordance with the provisions of Attachment "A". 6. SUSPENSIONr CANCELLATION OR ABANDONMENT In the event the services of the Engineer called for under a Work Authorization issued pursuant to this Agreement, are suspended, canceled or abandoned by the County, the Engineer shall be given five (5) days prior written notice of such action and shall be compensated for the authorized professional services satisfactorily performed prior to the date of suspension, cancellation or abandonment. 7. DEFAULT; TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to The Engineer, the following items shall be considered a default. under this Agreement: (1) If the Engineer should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. g:\atty\agreemnt\contract\LBFH-continuing-utility -2- (2) If the Engineer should persistently or repeatedly refuse or fail, except incases for which an extension of time is provided, to provide the services contemplated by this Agreement. {3) If the Engineer disregards laws, ordinances, or the instructions of the County or otherwise is guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Engineer shall only be entitled to receive payment for authorized professional services satisfactorily performed prior to the termination date. B. WITHOUT CAUSE Either party may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Engineer for all authorized professional services satisfactorily performed prior to the termination date. 8. FORCE MA7EURE Neither party shall be liable to the other for failure to pen`orm its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. The party unable to perform. as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and County shall compensate Engineer at the rates set forth herein, for the services performed by Engineer hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thi rty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. 9. ASSIGNMENT' The County and Engineer each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Agreement; and, neither the County nor the Engineer will assign or transfer its rights and obligations in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. The Engineer agrees that the persons named in the scope of work shall provide services as described therein. The services of the person(s) so named are a substantial inducement and material consideration for this Agreement. In the event such persons can no longer provide the services required by this Agreement, the Engineer shall immediately notify the County in writing and the County may elect to terminate this Agreement without any liability to the Engineer for unfinished work product. The County may elect to compensate the g:\atty\agreemnt\contract\LBFH-continuing-utility -3_ ~' `rrA+ Engineer for unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 10. ~D3T The Engineer agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Engineer involving transactions related to this Agreement. The Engineer agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Engineer shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 11. PUBLIC RECORDS The Engineer 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 Engineer in conjunction with this Agreement. 12. INSURANCE The Engineer shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. The Engineer shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be an Additional Insured on policies of Commercial General Liability, and Commercial Auto Liability with respect to all claims arising out of the work performed under this Agreement. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If sub-contractors are used by the Engineer, it shall be the responsibility of the Engineer to ensure that all its sub-contractors comply with all the insurance requirements contained herein relating to such sub-contractors. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WORiKERS' COMPENSATION The Engineer shall provide and maintain during the, life of this. Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $100,000.00 per occurrence. B. COMMERCIAL GENERAL LIABILITY The Engineer shall provide and maintain during the life of this Agreement, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $500,000.00 per occurrence, for claims of bodily injury g:\atty\agreemnt\contract\LBFH-continuing-utility -4- including death, property damage and personal injury. Contractual Liability coverage shall be included. C. COP~P~ERCIAL AUTO LIAialLITY The Engineer shall provide and maintain during the life of this Agreement, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $100,000.00 combined single limit. D. PROFESSIONAL LIABILITY The Engineer shall provide and maintain for the period of this Agreement and for three years following the term of this Agreement, at its or their own expense, Professional Liability insurance on an claims made basis for a minimum of $1,000,000.00. E. OTHER INSURANCE PROVISIONS The General liability and. Auto Liability policies shall contain or be endorsed to contain, the following provisions: 1. The County, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional insureds for any and all liability arising out of the Engineer's negligent acts, errors or omissions in the performance of this Agreement, or out of automobiles owned, leased, hired, or borrowed by the Engineer. The coverage shall contain no special limitations on scope or protection offered to the County, its Officers, Officials, Employee, Agents and Volunteers. 2. The Engineer's insurance coverage required under this Agreement shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers for Engineer's activities. Any insurance or self-insurance maintained by the County, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Engineer's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of the policy shall not effect coverage provided to the County, its Officers, Officials, Employees, Agents, or Volunteers. 4. The Engineer's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. 13. INDE~NIFICATIOIV The Engineer covenants and agrees at all times to save, hold, and keep harmless the County, its Officials, Employees, Agents, and Volunteers and indemnify the County, its Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgements, court costs, reasonable attorney's fees, and liability of every kind and nature whatsoever to the extent arising .out of or in any way connected or arising out of the Engineer's negligent acts, errors or omissions in the performance of this Agreement This indemnification shall be to the extent of the. insurance requirements set forth. in this g:\atty\agreemnt\contract\LBFH-continuing-utility _5_ ~/ `'~/` Agreement. The Engineer hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 14. PR09~3SITION AGAINST CONTINGENT FEES The Engineer warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Engineer, to solicit or secure this Agreement, .and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Engineer, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 15. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, the prevailing .party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 16. NON DISCRIMIINATION The Engineer covenants and agrees that.the Engineer shall not discriminate against any employee or applicant for employment to be employed'in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 17. !/ERIFICATION OF EivIIPLOYFWENT STATUS The Engineer agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 18. NOTICE All notices,. requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed: As to the County: St. Lucie County Administrator .2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 g:\atty\agreemnt\contract\LBFH-continuing-utility _6_ St. Lucie County Utility Services Director 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to Engineer: ~~~ ~>3~ Inc. 3550 Corporate Parkway Palm City, Florida 34990 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 19. COMPLIANCE WITH LAWS The Engineer, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Engineer, upon request, as to any such laws of which it has present knowledge. 20. TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by Engineer shall act as the execution of as truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. ~ ` 21. NON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 22. CONFLICT OF INTEREST The Engineer 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. The Engineer further represents that no person having any interest shall be employed for said performance. g:\atty\agreemnt\contract\LBFH-continuing-utility -~' The Engineer 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 Engineer'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 Engineer may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Engineer. The County agrees to notify the Engineer of its opinion by certified mail within thirty (30) days of receipt of notification by the Engineer. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Engineer, the County shall so state in the notification and the Engineer 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 Engineer under the terms of this Agreement 23. LITIGATION SERV It is understood and agreed that the Engineer's services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the County and the Engineer describing the services desired and providing a basis for compensation to the Engineer. 24. MEDIATION In the event of a dispute between the parties in connection with this Contract, 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. 25. DISPUTE RESOLUTION Any disputes relating to a question of fact arising under this Agreement shall be resolved through good faith efforts upon the part of the Engineer and the County or its representative. At all times, the Engineer shall carry on the work and maintain its progress schedule in accordance with the requirements of the Agreement and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County or its representatives who shall reduce the decision to writing. 2fi. INTERPRETATION: V This Agreement constitutes the entire .agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the ,.parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations g:\atty\agreemnt\contract\LBFH-continuing-utility -8- '1r~' ~/' shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMIS~IONEIZS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRIWAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: /~ ~ ~ ~ G ~ a F~, ~-~IG . !„~~e~ w u^ s ~'O~/"~Ini.t.~ rrA n w fl~ a J ~-~LT~7'aS4C~Cr BY: Print Name: ~GO~ ~ ~~~~ Title:_ 1I1G~ t~~~intalT g:\atty\agreemnt\contract\LBFH-continuing-utility _9_ ATTAQ~IENT' "A' '~/ LBFH, INC. TIME AND EXPENSE RATES The rates and charges shown below are used to calculate invoice amounts for services rendered on a Time and Expense basis. A. Personnel Hourly Billing Rates: Project Director .............................. 1 ............................................................ $ 40.00 Sr. Client Service Manager ................ $115 0 ........................................................ . 0 Engineering Specialist .................... $105 ........................................................... .00 Client Service Manager ................ . . 95 0 . ............ ...............................................$ . 0 Sr. Project Engineer ................... . ..................... .......................................... $ 95.00 Survey Crew.......: ............................... $ 95 00 ........................................................ . Project Engineer VI ...................................... $ 90' 00 .................................... ...... : Survey Client Service Manager ........ 85 00 .......................................................... $ . Project Engineer V ......................... $ 85 0 ............................................................ . 0 Project Engineer IV .................................................................................... $ 80.00 Sr. Professional Surveyor &Mapper ........... $ 80 00 ............................................... . Sr. Designer ............................................... . $ 80 00 . .............................................. . Sr. Field Representative ................. $ 80 00 ............................................................ . Project Engineer III ..................................................................................... $ 75.00 Designer .............................................:....................................................... $ 75.00 Professional Surveyor &Mapper .............. $ 70 00 .................................................. . Project Engineer II ...............................:...................................................... $ 70.00 Project Engineer I ....................................................................................... $ 65.00 Field Representative II ..................... $ 65 00 ........................................................... . Engineering & Survey Technician II ........................................................... $ 65.00 Engineering & Survey Technician I .......... $ 55 00 .................................................. . Field Representative I ................................................................................. $ 50.00 GPS Equipment .......................................................................................... $ 35.00 Administrative Support .. $ 35 00 .......................................................:....:................. . B. Outside contractual services secured by ENGINEER on CLIENT'S behalf, travel costs by commercial carrier, direct non-salary expenses including, but not limited to, meals, lodging, special- mailing or delivery services, legal advertisements and notices, title search service and special survey materials shall be reimbursed at 110 percent of ENGINEER'S cost. C. A 1.5-percent charge will be added to all invoices to cover ENGINEER'S expense items such as occasional photocopies, telephone charges, fax, local travel, and regular postage. 15. Contract printing and blueprinting shall be charged at 110 percent of ENGINEER'S cost. Internally- produced blueprints shall be charged at $ 0.25 per square-foot or fraction thereof, and photocopies shall be charged at $ 0.15 per sheet. -10- P:\,99-0284\Time & Expense Rates.doc Page 1 of 1 AGREEMENT EETWEEN COl9NTY ARID ERIGI6VEER FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT, made and entered into this day of 2000 by and between ST. LUCIE COUNTY, a political subdivision of the state of Florida, (they"County") and CAMP, DRESSER & McKEE, INC., (the "Engineer"). WIi'RIESSETH: WHEREAS, the County proposes to retain the services of the Engineer to provide professional Engineering services on a continuing basis to assist the St. Lucie County Utility Services Department; and VNHEREAS, the Engineer has agreed to provide such professional services in accordance with this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. GENERAL SCOPE OF AGREEMENT The relationship of the Engineer to the County will be that of a professional consultant acting as an independent contractor. The Engineer will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices and good ethical standards. Individual work assignments will be initiated on an assignment by assignment basis upon the issuance of Work Authorizations by the County. 2. SCOPE OF SERVICES The scope of services to be provided by the Engineer under this Agreement includes providing professional engineering services related to the planning, financing, survey, design and construction management of potable water, wastewater and reclaimed water projects throughout St. Lucie County. 3. TERM OF AGREEMENT• WORK AUTHORIaATIONS A. The .Engineer agrees to be available to begin work promptly after receipt of a fully executed copy of this Agreement. Unless terminated earlier as provided for herein, the initial term of this Agreement shall be three years. The County reserves the right to extend the term of the Agreement for two additional terms of one year each on the same terms and conditions including the amount of the Engineer's fee. B. Specific work assignments will be initiated as directed by the St. Lucie County Utility Services Director and shall be set forth in individual Work Authorizations. All Work Authorizations shall be executed by the Engineer and on behalf of the County in accordance with the St. Lucie County Purchasing Policy. The Work Authorizations shall describe the g:\atty\agreemnt\contract\CDM-continuing-utility -1- ''~.+' specific scope of the work to be performed, the. amount of the Engineer's fee and the schedule for completion of the work. 4. lAiOR~ PRO®llCT All sketches, tracings, drawings, computations, details, design calculations, and other documents and plans that result from the Engineer's services under this Agreement shall become the property of and shall be delivered to the County without restriction or limitation as to use. The County agrees, however, that no additions, deletions, changes or revisions shall be made to such documents unless the Engineer's name and professional seal are removed from the document. Any reuse of documents prepared by the Engineer for purposes outside of the scope of this agreement including Work Authorizations issued hereunder without written verification or adaption by the Engineer for the specific purpose intended will be at the sole risk of the County and without liability or legal exposure to the Engineer. The County shall, at no additional expense, be furnished one (i) set of reproducible copies of any maps and/or drawings prepared for the County by the Engineer. Notwithstanding any other provision of this Agreement, all of .Engineer's pre-existing or proprietary computer programs, software, information or materials developed outside of this Agreement shall remain the exclusive property of Engineer. 5. COMPENSATION The Engineer shall be compensated for all services rendered. under this Agreement in accordance with the provisions of Attachment "A". 6. Sl95PEN5IONr CANCIELd.ATION OR ABAN®ONMENT In the event the services of the Engineer called for under a Work Authorization issued pursuant to this Agreement, are suspended, canceled. or abandoned by the County, the Engineer shall be given five (5) days prior written notice of such action and shall be compensated for the authorized professional services satisfactorily performed prior to the date of suspension, cancellation or abandonment. 7. ®EFAUILT; TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With. regard to The Engineer, the following items shall be considered a default under this Agreement: (1) If the Engineer should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be 'appointed on account of his, or its, insolvency. g:\atty\agreemnt\contract\CDM-continuing-utility _2_ (2) If the Engineer should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) If the Engineer disregards laws, ordinances, or the instructions of the County or otherwise is guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Engineer shall only be entitled to receive payment for authorized professional services satisfactorily performed prior to the termination date. B. WITHOUT CAUSE Either party may terminate the Agreement. without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Engineer for all authorized professional services satisfactorily performed prior to the termination date. 8. FORCE MA]EURE Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause. beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and County shall compensate Engineer at the rates set forth herein, for the services performed by Engineer hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. 9. ASSIGMMEIVT The County and Engineer each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Agreement; and, neither the County nor the Engineer will assign or transfer its rights and obligations in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. The Engineer agrees that the persons named in the scope of work shall provide services as described therein. The services of the person(s) so named are a substantial inducement and material consideration for this Agreement. In the event such persons can no longer provide the services required by this Agreement, the Engineer shall immediately notify the County in writing and the County may elect to terminate this Agreement without any liability to the Engineer for- unfinished work product. The County may elect to compensate the g:\atty\agreemnt\contract\CDM-continuing-utility -3- i/ Engineer for unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 10. The Engineer agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Engineer involving transactions related to this Agreement. The Engineer agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Engineer shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 11. Pl91BLIC RECOR®5 The Engineer shall allow public access to material subject to the provisions of Chapter 119, the Engineer in conjunction with this Agreement. all documents, papers, letters, or other Florida Statutes, and made or received by 12. INSl1RANCE The Engineer shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. The Engineer shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be an Additional Insured on policies of Commercial General Liability, and Commercial Auto Liability with respect to all claims arising out of the work performed under this Agreement. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. Ifsub-contractors are used by the Engineer, it shall be the responsibility of the Engineer to ensure that all its sub-contractors comply with all the insurance requirements contained herein relating to such sub-contractors. Except as otherwise stated, file amounts and types of insurance shall conform to the following minimum requirements: A. WOR9CER5' COIWPENSATION The Engineer shall provide and maintain during the life of this Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $100,000.00 per occurrence. B. COI~NPgERCIAL GENE ~-L LIABILI'TY The Engineer shall provide and maintain during the life of this Agreement, at his, its ~or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $500,000.00 per occurrence, for claims of bodily injury g:\atty\agreemnt\contract\CDM-continuing-utility _4_ `"° including death, property damage and personal injury. Contractual Liability coverage shall be included. c. cO~l~~RCIAL ~ua0 LaA~ILaa~r The Engineer shall provide and maintain during the life of this Agreement, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $100,000.00 combined single limit. D. PROIFESSI®N~-L LI~4~ILYT1( The Engineer shall provide and maintain for the period of this Agreement and for three years following the term of this Agreement, at its or their own expense, Professional Liability insurance on an claims made basis for a minimum of $1,000,000.00. E. O'TF91:R II~Sl9~tAIVCiE PR VISIOiNS The General Liability and Auto Liability policies shall contain or be endorsed to contain, the following provisions: 1. The County, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional insureds for any and all liability arising out of the Engineer's negligent acts, errors or omissions in the performance of this Agreement, or out of automobiles owned, leased, hired, or borrowed by the Engineer. The coverage shall contain no special limitations on scope or protection offered to the County, its Officers, Officials, Employee, Agents and Volunteers. 2. The Engineer's insurance coverage required under this Agreement shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers for Engineer's activities. Any insurance or self-insurance maintained by the County, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Engineer's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of the policy shall not effect coverage provided to the County, its Officers, Officials, Employees, Agents, or Volunteers. 4. The Engineer's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. 13 . I N ®fE N11V I P I Cd~TI O M The Engineer covenants and agrees at all times to save, -hold, and keep harmless the County, its Officials, Employees, Agents, and Volunteers and indemnify the County, its Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgements, court costs, reasonable attorney's fees, and liability of every kind and nature whatsoever to the extent arising out of or in any way connected or arising out of the Engineer's negligent acts, errors or omissions in the performance of this Agreement This indemnification shall be to the extent of the insurance requirements set forth in this g:\atty\agreemnt\contract\CDM-continuing-utility _5_ Agreement. The Engineer hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 14. P~OM3~3IYI®N AGAINSY CONTINGENT FEES The Engineer warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Engineer, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 15. ATTORNEYS' PEES AND COS'T~ In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any pa:-ty to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 16. NON DISCitIMINATION The Engineer covenants and agrees that the Engineer shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 17. VE~tIPICATION OP EMPLOYMENT STATUS The Engineer agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 18. TI E 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: As to the County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 g:\atty\agreemnt\contract\CDM-continuing-utility _ 6_ St. Lucie County Utility Services Director 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to Engineer; Camp, Dresser & McKee, Inc. 1601 Belvedere Road Suite 211 South West Palm Beach, Florida 33406 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or-the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 19. COMPLIANCE WITH LAWS The Engineer, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Engineer, upon request, as to any such laws of which it has present knowledge. 20. TRUTH-IN-NEC90TIATION CERTIFICATE Execution of this Agreement by Engineer shall act as the execution of as truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. 21. MON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder-shall not operate to forfeit any of the said rights. 22. C®NFLICT OF INTEREST The Engineer 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. The Engineer further 'represents that no person having any interest shall be employed for said performance. g:\atty\agreemnt\contract\CDM-continuing-utility -~- '~ ~rrl` The Engineer 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 Engineer'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 Engineer may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Engineer. The County agrees to notify the Engineer of its opinion by certified mail within thirty (30) days of receipt of notification by the Engineer. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Engineer, the County shall so state in the notification and the Engineer 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 Engineer under the terms of this Agreement 23. LITYt9ATI0N SE9ZVICES It is understood and agreed that the Engineer's services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the County and the Engineer describing the services desired and providing a basis for compensation to the Engineer. 24. MEDIATION In the event of a dispute between the parties in connection with this Contract, 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. 25. DISIPUTE ttE5OLUTION Any disputes relating to a question of fact arising under this Agreement shall be resolved through good faith efforts upon the part of the Engineer and the County or its representative. At all times, the Engineer shall carry on the work and maintain its progress schedule in accordance with the requirements of the Agreement and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County or its representatives who shall reduce the decision to writing. 26. INTIERIPRETATION; VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, ~~properly authorized, executed and delivered by both parties hereto. This Agreement shalt be interpreted as a whole unit and section headings are for convenience only. All interpretations g:\atty\agreemnt\contract\CDM-continuing-utility -8- "V shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSYONERS ST. LUCIE COUNTY, FLORYDA DEPUTY CLERCC BY: CHA3RMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY W3TNESSES: CAMP, DRESSER & MciCEE, INC. BY: Print Name: ~• ~• ~~~/g~°~ Title: S`~ ~ g:\atty\agreemnt\contract\CDM-continuing-utility _9_ ATTACI-IlVIENT A CAMP DRESSER & McKEE INC. SCHEDULE OF HOURLY BILLING RATES COST GROUP II CATEGORIES HOURLY RATES Professional Services: Professional I $75.00 Professional II .$90.00 Senior Professional $115.00 Principal/Associate $135.00 Officer $180.00 Professional Support Services Staff Support Services $55.00 Senior Support Services $80.00 Field Services Professional $50.00 Senior Professional $75.00 Project Support Services Protect Administration $40.00 Subconsultant fees will have amark-up of 10%. rb2899 -- i ~' -' ~,r ATTACI~VIENT Al r./ CANIl' DRESSER & McKEE INC. SCHEDULE OF OTHER DIRECT COST RATES Expense Type Description Auto @ $0.35/mile Rooms @ Actual Cost Meals @ $21.00/ day Park/Tolls/Taxis @ Actual Cost Prints @ $0.10/ page Copier Prints/Plots @ Actual Cost External Prints/Plots on Bond @ $1.00/page In House Plots on Vellum @ $5.00/page In House Plots on Mylaz @ $10.00/page In House Supplies @ Actual Cost External MisceIlaneous @ Actual Cost Express Mail Miscellaneous @ Actual Cost Delivery Service Miscellaneous @ Actual Cost Postage Car Rentals @ Actual Cost Air Fare @ Actual Cost Computer @ $8.00/hour Mirco-computer @ $15.00/hour Auto Cadd Note: Travel, per diem, mileage, meals or lodging will be in accordance with Section 112.061, Florida Statutes. rb2899 AGREEMENT EETWEEN COl9NTY AN® ENGINEER EFOR CONTINI:DING PROFESSIONAL ENGINEERING SERVICES T~iIS AGREEMENT, made and entered into this ~ day of , 2000, by and between ST. LUCIE COUNTY, a political subdivision of the state of Florida, (the "County") and POST, BUCKLEY, SCHUH & ]ERNIGAN, INC., (the "Engineer"). WITNESSETH: WHE~tEAS, the County proposes to retain the services of the Engineer to provide professional Engineering services on a continuing basis to assist the St. Lucie County Utility Services Department; and WHEREAS, the Engineer has agreed to provide such professional services in accordance with this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. GENERAL SCOPE OF AGREEMENT The relationship of the Engineer to the County will be that of a professional consultant acting as an independent contractor. The Engineer will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices and good ethical standards. Individual work assignments will be initiated on an assignment by assignment basis upon the issuance of Work Authorizations by the County. 2. SCOPE OF SERVICES The scope of services to be provided by the Engineer under this Agreement includes providing professional engineering services related to the planning, financing, survey, design and construction management of potable water, wastewater and reclaimed water projects throughout St. Lucie County. 3. TERM OF AGREEMENT; WOR!( AIDTHORIZATIONS A. The Engineer agrees to be available to begin work promptly after receipt of a fully executed copy of this Agreement. Unless terminated earlier as provided for herein, the initial term of this Agreement shall be three years. The County reserves the right to extend the term of the Agreement for two additional terms of one year each on the same terms and conditions including the amount of the Engineer's fee. B. Specific work assignments will be initiated as directed by the St. Lucie County Utility Services Director and shall be set forth in individual Work Authorizations.. All Work Authorizations shall be executed by the Engineer and on behalf of the County in accordance with the St. Lucie County Purchasing Policy. The Work Authorizations shall describe the g:\atty\agreemnt\contract\PBS]-continuing-utility -1- ~, ~' specific scope of the work to be performed, the amount of the Engineer's fee and the schedule for completion of the work. 4. WOR9C PlitO®UCT All sketches, tracings, drawings, computations, details, design calculations, and other documents and plans that result from the Engineer's services under this Agreement shall become the property of and shall be delivered to the County without restriction or limitation as to use. The County agrees, however, that no additions, deletions, changes or revisions shall be made to such documents unless the Engineer's name and professional seal are removed from the document. Any reuse of documents prepared by the Engineer for purposes outside of the scope of this agreement including Work Authorizations issued hereunder without written verification or adoption by the Engineer for the specific purpose intended will be at the sole risk of the County and without liability or legal exposure to the Engineer. The County shall, at no additional expense, be furnished one (1) set of reproducible copies of any maps and/or drawings prepared for the County by the Engineer. Notwithstanding any other provision of this Agreement, all of Engineer's pre-existing or proprietary computer programs, software, information or materials developed outside of this Agreement shall remain the exclusive property of Engineer. 5. COMPENSATION The Engineer shall be compensated for al! services rendered under this Agreement in accordance with the provisions of Attachment "A". 6. SUSPENSION, CANCEl.lLA-TION OR ARAN®ONMENT In the event the services of the Engineer called for under a Work Authorization issued pursuant to this Agreement, are. suspended, canceled or abandoned by the County, the Engineer shall be given five (5) days prior written notice of such action and shall be compensated for the authorized professional services satisfactorily performed prior to the date of suspension, cancellation or abandonment. 7. ®Ir~AUfLTp TEIRMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to The Engineer, the following items shall be considered a default under this Agreement: . (1) If the Engineer should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be "appointed on account of his, or its, insolvency. g:\atty\agreemnt\contract\PBS]-continuing-utility -2- (2) If the Engineer should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) If the Engineer disregards laws, ordinances, or the instructions of the County or otherwise is guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Engineer shall only be entitled to receive payment for authorized professional services satisfactorily performed prior to the termination date. B. WITHOUT CAUSE Either party may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Engineer for all authorized professional services satisfactorily performed prior to the termination date. 8. FORCE MA7EURE Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and County shall compensate Engineer at the rates set forth herein, for the services performed by Engineer hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. 9.. ASSYGMIWE9VT The County and Engineer each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and. to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Agreement; and, neither the County nor the Engineer will assign or transfer its rights and obligations in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. The Engineer agrees that the persons named in the scope of work shall provide services as described therein. The services of the person(s) so named are a substantial inducement and material consideration for this Agreement. In the event such persons can no longer provide the services required by this Agreement, the Engineer shall immediately notify the ,County in writing and the County may elect to terminate this Agreement without any liability to the Engineer for unfinished work product. The County may elect to compensate the g:\atty\agreemnt\contract\PBS)-continuing-utility _3_ Engineer for unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 10. A The Engineer agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Engineer involving transactions related to this Agreement. The Engineer agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Engineer shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 11. PUBLIC RECO.R®S The Engineer 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 Engineer in conjunction with this Agreement. 12. INSURANCE The Engineer shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. The Engineer shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be an Additional Insured on policies of Commercial General Liability, and Commercial Auto Liability with respect to all claims arising out of the work performed under this Agreement. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. Ifsub-contractors are used by the Engineer, it shall be the responsibility of the Engineer to ensure that all its sub-contractors comply with all the insurance requirements contained herein relating to such sub-contractors. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WORKERS' COMPENSATION The Engineer shall provide and maintain during the life of this Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall. be written for a minimum liability at $100,000.00 per occurrence. B. COMMERCIAL GENERAL LIABILITY The Engineer shall provide and maintain during the life of this Agreement, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $500,000.00 per occurrence, for claims of bodily injury g:\atty\agreemnt\contract\PBS]-continuing-utility -4- i/ y+ including death, property damage and personal injury. Contractual Liability coverage shall be included. C. COP~~IERCI:AL AU'I.O LI.~,BILITY The Engineer shall provide and maintain during the life of this Agreement, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $100,000.00 combined single limit. D. P9IOFESSBON~IL LI~4RILITY The Engineer shall provide and maintain for the period of this Agreement and for three years following the term of this Agreement, at its or their own expense, Professional Liability insurance on an claims made basis for a minimum of $1,000,000.00. E. OTHER Ii!lSUR.A1dCE PROVISIONS The General Liability and Auto Liability policies shall contain or be endorsed to contain, the following provisions: 1. The County, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional insureds for any and all liability arising out of the Engineer's negligent acts, errors or omissions in the performance of this Agreement, or out of automobiles owned, leased, hired, or borrowed by the Engineer. The coverage shall contain no special limitations on scope or protection offered to the County, its Officers, Officials, Employee, Agents and Volunteers. 2. The Engineer's insurance coverage required under this Agreement shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers for Engineer's activities. Any insurance or self-insurance maintained by the County, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Engineer's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of the policy shall not effect coverage provided to the County, its Officers, Officials, Employees, Agents, or Volunteers. 4. The Engineer's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. 13. IN®EIWNIFICAYION The Engineer covenants and agrees at all times to save, hold, and- keep harmless the County, its Officials, Employees, Agents, .and Volunteers and indemnify the County, its Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgements, court costs, reasonable attorney's fees, and liability of every kind and nature whatsoever to the extent arising out of or in any way connected or arising out of the Engineer's negligent acts, errors or omissions in the performance of this Agreement This indemnification shall be to the extent of the insurance requirements set forth in this g:\atty\agreemnt\contract\PBS]-continuing-utility _5_ ~lrv+ Agreement. The Engineer hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 14. PR®~3ISITION AGAINST CONTINGENT FEES The Engineer warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Engineer, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 15. ATTOttNEVS' FEIrS AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 16. NON DISCIRI9WINATY®N The Engineer covenants and agrees that the Engineer shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 17. VI=~tIFICATI®N OF EMPL®VMENT STATUS The Engineer agrees that it shall bear the responsibility for verifying the- employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 18. T E 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: As to the County: St. Lucie County Administrator .2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 g:\atty\agreemnt\contract\PBSJ-continuing-utility - 6- ~r.r ~' St. Lucie County Utility Services Director 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to Engineer: Post, Buckley, Schuh & Jernigan, Inc. 3222 Commerce Place West Palm Beach, Florida 33407 or to such other address as any party may designate by notice complying .with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 19. COMPLIAI~IICE WITIH LAWS The Engineer, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Engineer, upon request, as to any such laws of which it has present knowledge. 20. TRlJTH-IRl-1VEGOTIATIOM CERTIFICATE Execution of this Agreement by Engineer shall act as the execution of as truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Agreement rate(s) was increased. due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. 21. NOfd-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 22. CO9NEFLICT OF IRlTEREST The Engineer 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. The Engineer further represents that no person having any interest shall be employed for said performance. g:\atty\agreemnt\contract\PBS]-continuing-utility -~- ~M.r ~' The Engineer 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 Engineer's judgment or quality of services being provided hereunder. Such written notification shalt identify the prospective business association, interest or circumstance, the nature of work that the Engineer may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Engineer. The County agrees to notify the Engineer of its opinion by certified mail within thirty (30) days of receipt of notification by the Engineer. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Engineer, the County shall so state in the notification and the Engineer 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 Engineer under the terms of this Agreement 23. LI'~IG~ITIOIV SERVICES It is understood and agreed that the Engineer's services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the County and the Engineer describing the services desired and providing a basis for compensation to the Engineer. 24. MEIDIATIOb In the event of a dispute between the parties in connection with this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shat( 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. 25. DISPUTE RESOLlD Any disputes relating to a question of fact arising under this Agreement shall be resolved through good faith efforts upon the part of the Engineer and the County or its representative. At all times, the Engineer shall carry on the work and maintain its progress schedule in accordance with the requirements of the Agreement and the determination of the County or its representatives, pending resolution .of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County or its representatives who shall reduce the decision to writing. 26. Ild'9'ERPRET64'TI®id~ VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations g:\atty\agreemnt\contract\PBSJ-continuing-utility -8- shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COIDNTY COMMISSIONERS 5T. LllCIE COUNTY, FLORIDA DEPUTY CLERIC BY: ca~AIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: ~ ~; ~~~ ~ ~~ c., ,, POST, BUCiCL Y, SCHU(t~ & 7ERRlllda'AN, INC. ~ ~~`,' & dye Print Name• ~~~~~~,- ~-.T..:• Titl®: g:\atty\agreemnt\contract\PBS]-continuing-utility _ g_ ~TTAQ~NiENT ~ rAn w.rr' PBS&J Schedule of Professional Service Rate and Reimbursable Expenses A. Professional Services Rates used to calculate invoice amounts for services rendered on a Time and Expense basis: Cate orX Rate Sr. Vice President $ 180 Vice President $ 145 Principal Engineer $ 151 Sr. Program Manager $ 148 Program Manager $ 130 Sr. Engineer IV $ 132 Sr. Engineer III $ 148 Sr. Engineer II $ 95 Sr. Engineer I $ 85 Engineer III $ 85 Engineer II $ 62 Engineer I $ 50 CADD Technician $ 53 Sr. Field Representative $ 75 Professional Surveyor $ 75 Field Representative III $ 65 Field Representative II $ . 50 Field Representative I $ 40 Technician II $ 50 Technician I $ 38 Administrative Support $ 50 Sr. Scientist III $ 106 Sr. Scientist II $ 91 Sr. Scientist I $ 68 Scientist III $ 57 Scientist II $ 50 Scientist I $ 48 Sr. Architect $ 85 Architect $ 70 GIS Analyst $ 90 Sub-consultant Time and Expenses will be invoiced with a 10% mark-up. -10- 'Vrrs wrr~` ATTAC.~~IIlV'I' "A" B. Reimbursable Ex eU rases A 1.5% charge will be added to all invoices to cover typical reimbursable expenses such as occasional photocopies, telephone charges, local travel and regular postage. 2. Printing and photocopies will be invoiced at $0.25 per square foot and $0.15 per sheet, respectively. Expenses not considered typical, but required for a particular Work Authorization, will be provided at a price mutually agreed upon and shall be made a part of the Work Authorization. -11- ~rI AGRIE~MENT BET`~1/EEN COUNTY ANID ENGINEER FOR C09~IT3NUYNG PROFESSIONAL ENGINEER3NG SERVICES THIS AGREEi~ENT, made and entered into this day of , 2000, by and between ST. LUCIE COUNTY, a political subdivision of the state of Florida, (the "County") and MASTELLAR & MOLER, INC., (the "Engineer"). WITNESSETH: WHEREAS, the County proposes to retain the services of the Engineer to provide professional Engineering services on a continuing basis to assist the St. Lucie County Utility Services Department; and WHEREAS, the Engineer has agreed to provide such professional services in accordance with this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. GENERAL SCOPE OF AGREEMENT The relationship of the Engineer to the County will be that of a professional consultant acting as an independent contractor. The Engineer will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices and good ethical standards. Individual work assignments will be initiated on an assignment by assignment basis upon the issuance of Work Authorizations by the County. 2. SCOPE OF SERVICES The scope of services to be provided by the Engineer under this Agreement includes providing professional engineering services related to the planning, financing, survey, design and construction management of potable water, wastewater and reclaimed water projects throughout St. Lucie County. 3. TERM OF AGREEMENTS WORX AUTHORIZATIONS A. The Engineer agrees to be available to begin work promptly after receipt of a fully executed copy of this Agreement. Unless terminated earlier as provided for herein, the initial term of this Agreement shall be three years. The County reserves the right to extend the term of the Agreement for two additional terms of one year each on the same terms and conditions including the amount of the Engineer's fee. B. Specific work assignments will be initiated as directed by the St. Lucie County Utility Services Director and shall be set forth in individual Work Authorizations. All Work Authorizations shall be executed by the Engineer and on behalf of the County in accordance with the St. Lucie County Purchasing Policy. The Work Authorizations shall describe the g : \atty\agreemnt\contract\MASTELLAR-MOLER-continuiPi'g1Jtil ity ~.,r+ specific scope of the work to be performed, the amount of the Engineer's fee and the schedule for completion of the work. 4. W+ 4t~C_ IP9tODlDCT All sketches, tracings, drawings, computations, details, design calculations, and other documents and plans that result from the Engineer's services under this Agreement shall become the property of and shall be delivered to the County without restriction or limitation as to use. The County agrees, however, that no additions, deletions, changes or revisions shall be made to such documents unless the Engineer's name and professional seal are removed from the document. Any reuse of documents prepared by the Engineer for purposes outside of the scope of this agreement including Work Authorizations issued hereunder without written verification or adaption by the Engineer for the specific purpose intended will be at the sole risk of the County and without liability or legal exposure to the Engineer. The County shall, at no additional expense, be furnished one (1) set of reproducible copies of any maps and/or drawings prepared for the County by the Engineer. Notwithstanding any other provision of this Agreement, all of Engineer's pre-existing or proprietary computer programs, software, information or materials developed outside of this Agreement shall remain the exclusive property of Engineer. 5. ~QMPEINSATIOIH The Engineer shall be compensated for all services rendered under this Agreement in accordance with the provisions of Attachment "A". 6. SUSPEiRISIOiNR CANCEd.d.ATIOM OIS ABAR1D01-JIWERIT In the event the services of the Engineer called for under a Work Authorization issued pursuant to this Agreement, are suspended, canceled or abandoned by the County, the Engineer shall be given five (5) days prior written notice of such action and shall be compensated for the authorized professional services satisfactorily performed prior to the date of suspension, cancellation or abandonment. 7. DEEAl9LT; TE~tP~IIVATYOM A. FOR CAUSE If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to The Engineer, the following items shall be considered a default under this Agreement: (i) If the Engineer should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. g :\atty\agreemnt\contract\MASTELLAR-MOLER-continuiiic,~Qtility (2) If the Engineer should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) If the Engineer disregards laws, ordinances, or the instructions of the County or otherwise is guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Engineer shall only be entitled to receive payment for authorized professional services- satisfactorily performed prior to the termination date. B. WITHOUT CAUSE Either party may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Engineer for all authorized professional services satisfactorily performed prior to the termination date. 8. FORCE MA]EURE Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and County shall compensate Engineer at the rates set forth herein, for the services performed by Engineer hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. 9. A55a~l~MEI~-r The County and Engineer each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Agreement; and, neither the County nor the Engineer will assign or transfer its rights and obligations in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. The Engineer agrees that the persons named in the scope of work shall provide services as described therein. The services of the person(s) so named are a substantial inducement and material consideration for this Agreement. In the event such persons can no longer provide the services required by this Agreement, the Engineer shall immediately notify the County in writing and the County may elect to terminate this Agreement without any liability to the Engineer for unfinished work product. The County may elect to compensate the g : \atty\agreemnt\contract\MASTELLAR-MOLER-continui~fg~ Qtii ity 1r.- Engineer for unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 10. ~3~' The Engineer agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Engineer involving transactions related to this Agreement. The Engineer agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Engineer shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 11. PllSLIC RECOR®S The Engineer 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 Engineer in conjunction with this. Agreement. 12. INSURANCE The Engineer shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. The Engineer shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be an Additional Insured on policies of Commercial General Liability, and Commercial Auto Liability with respect to all claims arising out of the work performed under this Agreement. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. Ifsub-contractors are used by the Engineer, it shall be the responsibility of the Engineer to ensure that all its sub-contractors comply with all the insurance requirements contained herein relating to such sub-contractors. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WOR3CER5' COIWPENSATION The Engineer shall provide and maintain during the life of this Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $100,000.00 per occurrence. B. COIWPNERCIAL GENERAL LIASILI'irY . The Engineer shall provide and maintain during the life of this Agreement, at his, its ~or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $500,000.00 per occurrence, for claims of bodily injury g :\atty\agreemnt\contract\MASTEUAR-MOLER-continuit'f~dtility including death, property damage and personal injury. Contractual Liability coverage shall be included. C. C®~l~lEGaCIAL A~TC3 LIABILITY The Engineer shall provide and maintain during the fife of this Agreement, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $100,000.00 combined single limit. D. P{ROf=iE553ONAL LIABILITY The Engineer shall provide and maintain for the period of this Agreement and for three years following the term of this Agreement, at its or their own expense, Professional Liability insurance on an claims made basis for a minimum of $1,000,000.00. E. OTII~iIE@t I~ISUErtANCI: PRO~/ISI01~5 The General Liability and Auto Liability policies shall contain or be endorsed to contain, the following provisions: 1. The County, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional insureds for any and all liability arising out of the Engineer's negligent acts, errors or omissions in the performance of this Agreement, or out of automobiles owned, leased, hired, or borrowed by the Engineer. The coverage shall contain no special limitations on scope or protection offered to .the County, its Officers, Officials, Employee, Agents and Volunteers. 2. The Engineer's insurance coverage required under this Agreement shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers for Engineer's activities. Any insurance or self-insurance maintained by the County, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Engineer's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of the policy shall not effect coverage provided to the County, its Officers, Officials, Employees, Agents, or Volunteers. 4. The Engineer's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. 13. IN®Ef~NYFICATION The Engineer covenants and agrees at all times to save, hold, and keep harmless the County, its Officials, Employees, Agents, and Volunteers and indemnify the County, its Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgements, court costs, reasonable attorney's fees, and liability of every kind and nature whatsoever to the extent arising out of or in any way connected or arising out of the Engineer's negligent acts, errors or omissions in the performance of this Agreement This indemnification shall be to the extent of the insurance requirements set forth in this g : \atty\agreemnt\contract\MASTELLAR-MOLER-continuitTc,}~ Gtllity err ~ Agreement. The Engineer hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 14. PiZ~i•3YEI33~I®~! A~R+,INST C®NTINGEN~ FEES The Engineer warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Engineer, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 15. A'll'i'®RNEI(S' FEES AND C®SYS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 16. NON DISCRIMIM,~-- TYDM The Engineer covenants and agrees that the Engineer shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 17. VERIFICATI®N ®F fEnyiPL®'lP~iIENT ST,9a1TU5 The Engineer agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 18. NOTICE All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed: As to the County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy ta: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 g:\atty\agreemnt\contract\MASTELLAR-MOLER-continui7T~ Utility St. Lucie County Utility Services. Director 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to Engineer: Mastellar & Moler, Inc. =__ _;;_~_;;_~~ ^,,,~ 2205 14th Avenue Vero Beach, Florida 32960 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 19. COMPLIARICE WITH LAWS The Engineer, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Engineer, upon request, as to any such laws of which it has present knowledge. 20. TRIDTH-IPJ-9elEGOTIATIOiV CE9tTIFICATE Execution of this Agreement by Engineer shall act as the execution of as truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this. Agreement. 21. ivol~-WAavIER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 22. COI~~LICT O~ INTfI:RlEST The Engineer 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. The Engineer further represents that no person having any interest shall be employed for said performance. g:\atty\agreemnt\contract\MASTELLAR-MOLER-conti nui~'g~Qtility `~r° ~r~` The Engineer 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 Engineer'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 Engineer may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Engineer. The County agrees to notify the Engineer of its opinion by certified mail within thirty (30) days of receipt of notification by the Engineer. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Engineer, the County shall so state in the notification and the Engineer 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 Engineer under the terms of this Agreement 23. LITIGATIOI~J SEiZVIC It is understood and agreed that the Engineer's services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the County and the Engineer describing the services desired and providing a basis for compensation to the Engineer. 24. NIEDIATIORI In the event of a dispute between the parties in connection with this Contract, 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. 25. DISPl9TE ItE~Ot.d,DTIOR! Any disputes relating to a question of fact arising under this Agreement shall be resolved through good faith efforts upon the part of the Engineer and the County or its representative. At all times, the Engineer shall carry on the work and maintain its progress schedule in accordance with the requirements of the Agreement and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County or its representatives who shall reduce the decision to writing. 26. I9~TERPE>tETATIORiI~VEt~lBIE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations g: \atty\agreemnt\contract\MASTELLAR-MOLER-continuitf$Qti lity ~V BY: CHAIRMAN shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOAiRD OF COUNTY COMMISSIONEiZS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERIC APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY iv1ASTELLz4R Ec MOLER, INC. ~ . - -- Print Name: ~;~~~. }-f. ,~~~~~~~ .=i~~Y,'? g :\atty\a greemnt\contract\MASTELLAR-MOLER-continuirTgq iitil ity ~,d ~ 1~AS'~~LLER ~i l~~ J~ ~ CIVIL ENGINEER: February 3, 2000 Mr. 4~lilliam Blazak Utility Services Director St. Lucie County Utilities 2300 Virginia Avenue, Room 227 Ft. Pierce, Florida 34954 ~~. ATTACIMENT A RE: St. Lucie County Engineering Services Agreement Masteller ~c Moler, Inc. Dear Bill: ../ It is our understanding that under our Engineering Services Agreement with St. Lucie County that work assignments for projects with well defined scopes may be authorized on the basis of a lump sum fee. As requested, however, I am enclosing herewith the hourly rate schedule for Masteller & Moler, Inc, including the hourly rates for our affiliated land surveying firm, Masteller, Moler 8i Reed, Inc. Principal ofFirm (P.E. or P.S.M.) $155.00/hr. Project Engineer (E.I.) $105.00/hr. Project Manager or Project Engineer $ 95.00/hr. Survey Field Coordinator $ 95.00/hr. Field Crew $120.00/hr. Construction Inspector $ 65.00/hr. Project Designer /CAD Draftsperson $ 70.00/hr. Administrative (Typing, etc.) $ 45.00/hr. The rates quoted above are applicable for any work assignments which may be authorized based on time actually expended in providing the required Engineering Services. Please let me know if you wdl be in need of any further information relating to this matter in order to prepaze the contract for our services. ppS~~inppcerehyggygo~ut+rs, pp g 1~'dt'1S 3Ti1~IJL` ~ ®L ~®H~8`iYSy Y1V ~. j ~-- ~: :_._..~_---- Earl H. Masteller, P.E., DEE President ehm/vk F~1e #2001 (bb020300.doc) ® 2205 14'~ Avenue ® 5211 Okeechobee Road Vero Beach, Florida 32960 Ft. Pierce Florida 34947 Ph(561)567-5300 ~ ° ~` --~ Ph(561~166-9200 Fax(561)794-1106 Fax(561)466-9230 ~r/ \d+' AGREEMENT BETWEEN COUNTY AND ENGINEER FOR COi111TINUYNG PfitOFESSIONAL EINGIIVEERING SERVICES THIS AGREEMENT, made and entered into this day of .2000, by and between ST. LUCIE COUNTY, a political subdivision of the state of Florida, (the "County") and INWOOD CONSULTING., (the "Engineer"). ~.~``~=- WITNESSETH: ~~ WHEREAS, the County proposes to retain the services of the Engineer to provide professional Engineering services on a continuing basis to assist the St. Lucie County Utility Services Department; and WHEREAS, the Engineer has agreed to provide such professional services in accordance with this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. GENERAL SCOPE O AGREEMENT The relationship of the Engineer to the County will be that of a professional consultant acting as an independent contractor. The Engineer will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices and good ethical standards. Individual work assignments will be initiated on an assignment by assignment basis upon the issuance of Work Authorizations by the County. Z. SCOPE OF SERVICES The scope of services to be provided by the Engineer under this Agreement includes providing professional engineering services related to the planning, financing, survey, design and construction management of potable water, wastewater and reclaimed water projects throughout St. Lucie County. 3. TERM OF AGREEMENTS WORK AUTHORIZATIONS A. The Engineer agrees to be available to begin work promptly after receipt of a fully executed copy of this Agreement. Unless terminated earlier as provided for herein, the initial term of this Agreement shall be three years. The County reserves the right to extend the term of the Agreement for two additional terms of one year each on the same terms and conditions including the amount of the Engineer's fee. B. Specific work assignments will be initiated as directed by the St. Lucie County Utility Services Director and shall be set forth in individual Work Authorizations. All Work Authorizations shall be executed by the Engineer and on behalf of the County in accordance With the St. Lucie County Purchasing Policy. The Work Authorizations shall describe the g:\atty\agreemnt\contract\INWOOD CONSULTING-cont7i~iPrg-utility ~.~' specific scope of the work to be performed, the amount of the Engineer's fee and the schedule for completion of the work. 4. WORK PROD All sketches, tracings, drawings, computations, details, design calculations, and other documents and plans that result from the Engineer's services under this Agreement shall become the property of and shall be delivered to the County without restriction or limitation as to use. The County agrees, however, that no additions, deletions, changes or revisions shall be made to such documents unless the Engineer's name and professional seal are removed from the document. Any reuse of documents prepared by the Engineer for purposes outside of the scope of this agreement including Work Authorizations issued hereunder without written verification or adaption by the Engineer for the specific purpose intended will be at the sole risk of the County and without liability or legal exposure to the Engineer. The County shall, at no additional expense, be furnished one (1) set of reproducible copies of any maps and/or drawings prepared for the County by the Engineer. Notwithstanding any other provision of this Agreement, all of .Engineer's pre-existing or proprietary computer programs, software, information or materials developed outside of this Agreement shall remain the exclusive property of Engineer. 5. COMPENSATION The Engineer shall be compensated for all services rendered under this Agreement in accordance with the provisions of Attachment "A". 6. SUSPENS30N, CAMCELLATYrDN OR ABANDONMENT In the event the services of the Engineer called for under a Work Authorization issued pursuant to this Agreement, are suspended, canceled or abandoned by the County, the Engineer shall be given five (5) days prior written notice of such action and shall be compensated for the authorized professional services satisfactorily performed prior to the date of suspension, cancellation or abandonment. 7. DEFAULT; TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to The Engineer, the following items shall be considered a default under this Agreement: (1) If the Engineer should be adjudged bankrupt, or if he, or it, should .make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. g:\atty\agreemnt\contract\INWOOD CONSULTING-contiil~tl'tj-utility (2) If the Engineer should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) If the Engineer disregards laws, ordinances, or the instructions of the County or otherwise is guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Engineer shall only be entitled to receive payment for authorized professional services satisfactorily performed prior to the termination date. 6. WITHOUT CAUSE Either party. may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Engineer for all authorized professional services satisfactorily performed prior to the termination date. 8. FORCE MA~EURE Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and County shall compensate Engineer at the rates set forth herein, for the services performed by Engineer hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. 9. ASSIGIVMEiVT The County and Engineer each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Agreement; and, neither the County nor the Engineer will assign or transfer its rights and obligations in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. The Engineer agrees that the persons named in the scope of work shall provide services as described therein. The services of the person(s) so named are a substantial inducement and material consideration for this Agreement. In the event such persons can no longer provide the services required by this Agreement, the Engineer shall immediately notify the County in writing and the County may elect to terminate this Agreement without any liability to the Engineer for unfinished work product. The County may elect to compensate the g:\atty\agreemnt\contract\INWOOD CONSULTING-cont~i~try-utility ~1r-' Engineer for unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. io. A DIT The Engineer agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Engineer involving transactions related to this Agreement. The Engineer agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Engineer shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 11. PUBLIC RECORDS The Engineer 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 Engineer in conjunction with this Agreement. 12. INSURANCE The Engineer shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. The Engineer shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be an Additional insured on policies of Commercial General Liability, and Commercial Auto Liability with respect to all claims arising out of the work performed under this.Agreement. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If sub-contractors are used by the Engineer, it shall be the responsibility of the Engineer to ensure that all its sub-contractors comply with all the insurance requirements contained herein relating to such sub-contractors. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WORKERS' COMPENSATION The Engineer shall provide and maintain during the life of this Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $100,000.00 per occurrence. B. COMMERCIAL GENERAL LIABILITY The Engineer shall provide and maintain during the life of this Agreement, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $500,000.00 per occurrence, for claims of bodily injury g:\atty\agreemnt\contract\INWOOD CONSULTING-contiR~rTtj-utility including death, property damage and personal injury. Contractual Liability coverage shall be included. C. COMME9tCIAL AUTO LIABILITY The Engineer shall provide and maintain during the life of this Agreement, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $100,000.00 combined single limit. D. PROFESSIONAL LIABILITY The Engineer shall provide and maintain for the period of this. Agreement and for three years following the term of this Agreement, at its or their own expense, Professional Liability insurance on an claims made basis for a minimum of $1,000,000.00. E. OTHER INSUR_AIyCE PROVISIONS The General Liability and Auto Liability policies shall contain or be endorsed to contain, the following provisions: 1. The County, .its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional insureds for any and all liability arising out of the Engineer's negligent acts, errors or omissions in the performance of this Agreement, or out of automobiles owned, leased, hired, or borrowed by the Engineer. The coverage shall contain no special limitations on scope or protection offered to the County, its Officers, Officials, Employee, Agents and Volunteers. 2. The Engineer's insurance coverage required under this Agreement shall be primary insurance as respec's the County, its Officers, Officials, Employees, Agents and Volunteers for Engineer's activities.. Any insurance or self-insurance maintained by the County, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Engineer's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of the policy shall not effect coverage provided to the County, its Officers, Officials, Employees, Agents, or Volunteers. 4. The Engineer's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. 13. INDEMNIFICATION The Engineer covenants and agrees at all times to save, hold, and keep harmless the County, its Officials, Employees, Agents, and Volunteers and indemnify the County, its Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgements, court costs, reasonable attorney's fees, and liability of every kind and nature whatsoever to the extent arising out of or in any way connected or arising out of the Engineer's negligent acts, errors or omissions in the performance of this Agreement This indemnification shall be to the extent of the insurance requirements set forth in this g:\atty\agreemnt\contract\INWOOD CONSULTING-contRi~rTg-utility Agreement. The Engineer hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 14. PROFIISITION AGAINST CONTINGENT FEES The Engineer warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to 'pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Engineer, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 15. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 16. NON DISCRIMINATION The Engineer covenants and agrees that the Engineer shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 17. VERIFICATION OF EMPLOYMENT STATUS The Engineer agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of ail persons it employs in the performance of this Agreement. 18. NOTICE All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed: As to the County: St. Lucie County Administrator _2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 g:\atty\agreemnt\contract\INWOOD CONSULTING-cont7f~~rg-utility 'r/ ~,,rt St. Lucie County Utility Services Director 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to Engineer: Inwood Consulting =~.~;.~~~~~, ~-~~~ 3504 Lake Lynda Drive, Suite 36,5 ~-:~ Orlando, Florida 32817 `~ ~ ~., `, or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 19. COMPLIANCE WITH AwS The Engineer, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Engineer, upon request, as to any such laws of which it has present knowledge. 20. TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by Engineer shall act as the execution of as truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. 21. NON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 22. CONFLICT OF INTEREST The Engineer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the pertormance of services required hereunder, as provided for in Florida Statutes 112.311. The Engineer further represents that no person having any interest shall be employed for said performance. g:\atty\agreemnt\contract\INWOOD CONSULTING-contirtu~~g-utility 'fir' r The Engineer 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 Engineer'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 Engineer may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Engineer. The County agrees to notify the Engineer of its opinion by certified mail within thirty (30) days of receipt of notification by the Engineer. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Engineer, the County shall so state in the notification and the Engineer 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 Engineer under the terms of this Agreement 23. LITIGATION SERVICES It is understood and agreed that the Engineer's services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the County and the Engineer describing the services desired. and providing a basis for compensation to the Engineer. 24. MEDIATION In the event of a dispute between the parties in connection with this Contract, 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. 25. DI TE RE Any disputes relating to a question of fact arising under this Agreement shall be resolved through good faith efforts upon the part of the Engineer and the County or its representative. At all times, the Engineer shall carry on the work and maintain its progress schedule in accordance with the requirements of the Agreement and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County or its representatives who shall reduce the decision to .writing. 26. INTERPRETATION; VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations g:\atty\agreemnt\contract\INWOOD CONSULTING-contirt~lf'g-utility BY: CHAIRMAN shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which-are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK WITNESSES: ~~ ,,,, ~~ ~/ ~~ ~~~~ ~~ ~ APPROVED AS TO FORM AND CORRECTNESS ~l' ~ i Title: ~, , c~ ~ r~s ; ,. ti ,~ T COUNTY ATTORNEY INWOOD CONSULTING ~ ,: ~ ~• ~ Print Name: ~.1%:~ L; _ ~L; ? .~ ,~,,,~ g:\atty\agreemnt\contract\INWOOD CONSULTING-contiR~rTg-utility ~. .. ~, yh ~ r ~~ ~ -- ~ ~~ EI~CINEERS Ci~il~ ndEnvironm~ntal ~ Trc~ns~ortc~tion 4 10 Orlando, fl 34817 Bus:(407)Q73-3661 fox:(407)473-3664 ATTACEIMEN'I' ~'A" Inwood Consulting Engineers, Inc. 2000 Fee Schedule Emalovee Position Principal In Charge Project Manager QA/QC Officer Senior Engineer Engineer II Engineer I Environmental Scientist Senior Designer Designer CARD Technician Clerical Technician -10- Hourly Rate $120.00 $100.00 $105.00 $85.00 $75.00 $65.00 $70.00 $65.00 $55.00 $50.00 $45.00 M:Wccounting\Forms\feeschedule.doc AGENDA REQUEST ~- ITEM NO. C-~a DATE: March 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Request to advertise for a public hearing to accept Local Law Enforcement Block Grant and Budget Resolution No. 00-64 to increase the Fine and Forteiture Fund. BACKGROUND: Sheriff's Office applied for and was awarded $58,870 for the Local Law Enforcement Block Grant. Granting agency requires a public hearing to be held regarding the proposed use of grant funds. FUNDS WILL BE AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the St. Lucie Board of County Commissioners approve advertising for a public hearing for the acceptance of the LLEBG Grant and Budget Resolution No. 00-64 to increase the Fine and Forteiture Fund by $58,870. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: Coordination/Signatures ' ~,, _ , County Attorney: XX ~ Management & Budget: XX !~'~ /Purchasing: Originating Dept: XX Public Works: Other: Finance: (Check for Copy only, if applicable) XX G: BUDGE'I1WP~AGEi~IDA'S~Agenda00~3' 14LLBG_Grant. wpd County Administrator r ~ NOTICE OF PUBLIC HEARING ~ TO BE HELD ON MARCH 21, 2000 7:00 PM ST. LUCIE COUNTY ROGER E. POITRAS ADMINISTRATIVE ANNEX BUILDING COMMISSION CHAMBERS 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA FOR THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TO CONSIDER AMENDING FISCAL YEAR 1999-2000 BUDGET BY BUDGET RESOLUTION NO. 00-64 THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS IS HOLDING A PUBLIC HEARING TO INCREASE CERTAIN BUDGETARY FUNDS AS FOLLOWS: INCREASE FINE AND FORFEITURE FUND BY APPROPRIATING $58,870 FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT TO BE USED FOR AUTOMATED FINGERPRINTING SYSTEM. THE TOTAL BUDGETARY FUND WILL INCREASE FROM $47,745,190 TO $47,804,060. TO BE PUBLISHED ON: FRIDAY, MARCH 17, 2000 G: ~BliDGE'I1WP~P,GENDA'S~Agenda00~'14LLBG_Gtant.wpd LLEBG -Applicant Awazd Review ~` `rr~ LLEBG Applicant Award Review Agpiicant Informatr~gB Please ensure that uppercase and lo.vercase have been used in you =..,^,i~ ant Infe~-,~,ation fields; not all uppercase or all lo~:vercase !et-ers, You may use t"e "Accept .'- , ~i~ange" f,:r,:aion below to make any needed corrections. If ;~_~u have provided orJy ~. post o__ ~a pox, pleas-_ .se the "Accept ~r~ith Change" function to provide a street address. Applicant Jurisdiction Name: St Lucie County Jurisdiction O]P Vendor Number: 596000835 Jurisdiction Address Line 1: 2300 Virginia Ave. Line 2: City: Fort Pierce State: Florida 2IP: 34982 Jurisdiction CEO: Mr. Douglas Anderson Jurisdiction CEO Title: County Administrator FY 139 Award Information * FY 1999 LLEBG Final Award Information: $58,870 Matching Amount: $6,541 Special Conditions: Click here to review the special conditions associated with this Award. This component is NOT an official government document, but may be printed for use as a reference tool in your internal working files. You will be able to print the official Award page and special conditions once you accept your Award. K This amount will represent any eli_Iiule-amount caicuiated for FY ::=~9 ;plus any needed adjustment related to FY i9?8 Aavard amount. ;~ppiic~~~it Award Revie3~~ aeci5r,:~3 ~~>ption:s ~' Accept This function will result in an immediate acceptance of the FY 1999 LLEBG Award and its corresponding special conditions. Acceptance of this Award and special conditions DOES NOT result in an automatic payment of block grant funds. BJA requires that all grantees return to the Grants Management System (GMS) in late January to begin the Request For Drawdown (RFD) phase of the Award process. Please take time over the next several months to plan a detailed budget and comply with your special conditions. ~' Accept with Change This function will provide you with the ability to correct and/or update the spelling of your jurisdiction's name and mailing address. BJA will consider these adjustments an "Accept with Change" and will require no additional information from you to accept this Award. ~ Change Chief Executive Information -Requiring Additional BJA Review/Approval This function allows you to make changes to the Chief Executive's (CE) name and title. BJA will consider this to be a "Change Requiring Additional BJA Review/Approval." Once you have submitted your changes, BJA will not provide you with any additional notification, so please remember to come back into this system to see if your Award documents have been re-approved and they are ready for your acceptance. Please allow 3-5 days for BJA to approve any changes. Page 1 of 2 hops://grants.ojp.usdoj.gov:8004/gms_user/plsgUllebg_grantee_review.details?p_appl_seq=1000 3/2/00 LLEBG -Applicant Award Review ~1r-r ~ Decline This function will result in an immediate reallocation of your jurisdiction's FY.1999 funds to the FY 2000 LLEBG Program funding pool. Once declined, a jurisdiction cannot reapply for FY 1999 funding. Declining FY 1999 funding will in no way affect a jurisdiction's eligibility for future LLEBG Program funding cycles. ~~ , Bac Production Release: v1.2 ATTESTED BY: Save AUTHORIZATION TO ACCEPT ELECTRONIC GRANT AWARD: DOUGLAS ANDERSON COUNTY ADMINISTRATOR DATE: Page 2 of 2 https://grants.ojp.usdoj.gov:8004/gms_user/plsgUllebg_grantee_review.details?p_appl_seq=1000 3/2/00 ' LLEBG -Special Conditions °~,r ry/ Special Conditions - St Lucie County Page 1 of 3 Local Jurisdiction in compliance w/PSOHB 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient agrees to comply with the organizational audit requirements of OMB Circular, A-133, Audits of States, Local Governments and Non-Profit Organizations, as further described in OJP's Financial Guide, Chapter 19. 3. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2000-LB-VX-0976 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 4. The recipient agrees to provide information required for any national evaluation conducted by the U.S. Department of Justice. 5. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR 42.302), that is approved by the Office of Civil Rights, is a violation of its Certified Assurances and may result in funds from the award being frozen, until such time as the recipient is in compliance. 6. The recipient agrees to provide and expend a 10 percent cash match (calculated as 1/9 of the Federal award amount) before the end of the 24 month grant expenditure period. The recipient is reminded that the matching funds are auditable under Special Condition #2, and will be binding to the recipient. The recipient is required to establish a trust fund account. This fund may not be used to pay debts incurred by other activities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also agrees to expend the grant funds in the trust fund (including any interest earned) during the 24 month grant expenditure period. Grant funds (including any interest earned) not expended by the end of the 24 month period must be returned to the Bureau of Justice Assistance (BJA) along with the final submission of the Financial Status Report (SF-269A) by the end of the 27 month. 8. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and support personnel, as described in the applicable purpose area of Subpart A section 101(a)(2), that the recipient unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative public safety service. 9. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and support personnel, that the unit of local government will establish procedures to give members of the Armed Forces who, on or after October 1, 1990, were or are selected for involuntary separation (as described in section 1141 of Title 10, United States Code), approved for separation under section 1174a or 1175 of such title, or retired pursuant to the authority provided under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 1923 note), a suitable preference in the employment of persons as additional law enforcement officers or support personnel. 10. The recipient agrees, if funds are used for enhancing security or crime prevention, that the unit of hops://grants.ojp.usdoj..../Llebg_Conditions.Display_Condition?p_appl_seq=1000&p_from=APPLICANT_REVIE J/2/00 LLEBG -Special Conditions local government - - Page 2 of 3 (a) has an adequate process to assess the impact of any enhancement of a school security measure that is undertaken under subparagraph (B) of section 101(a)(2), or any crime prevention programs that are established under subparagraphs (C) and (E) of section 101(a) (2), on the incidence of crime in the geographic area where the enhancement is undertaken or the program is established; (b) will conduct such an assessment with respect to each such enhancement or program; and (c) will submit to the BJA an annual assessment report, via the Internet system. li. The recipient agrees that prior to expenditure of any LLEBG funds, at least one (1) public hearing will be held regarding the proposed use(s) of the grant funds. The recipient must also provide verification to BJA of the public hearing. At the hearing, persons shall be given an opportunity to provide written and oral views to the recipient on the proposed use(s) of the grant funds. The recipient will hold the public hearing at a time and place that allows and encourages public attendance and participation. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. 12. The recipient agrees that prior to expenditure of any LLEBG funds, a previously designated or newly established advisory board will meet to discuss the proposed use(s) of the grant funds. The recipient will designate the advisory board to make nonbinding recommendations on the use(s) of funds under the LLEBG Program. Membership on the advisory board must include a representative from the following, however it may be broader: a) the local police department or sheriffs department; b) the local prosecutor's office; c) the local court system; d) the local school system; and e) a local nonprofit, educational, religious, or community group active in crime prevention or drug use prevention or treatment. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. FOR LOUISIANA PARISH RECIPIENTS: The recipient agrees that prior to expenditure of any LLEBG funds, a previously designated or newly established advisory board will meet to discuss the proposed use(s) of the grant funds. The recipient will designate the advisory board to make binding recommendations on the use(s) of funds under the LLEBG Program. Membership on the advisory board must include a representative from the following; however it may be broader: a) the local police department or sheriffs department; b) the local prosecutor's office; c) the local court system; d) the local school system; and e) a local nonprofit, educational, religious, or community group active in crime prevention or hops://grants.ojp.usdoj..../Llebg_Conditions.Display_Condition?p_appl_seq=1000&p_from=APPLICANT REVIE 3/2/00 • LLEBG -Special Conditions Page 3 of J drug use prevention or treatment. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. 13. The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Omnibus Consolidated and Emergency Supplement Appropriations Act for 1999 and agrees to remain in compliance during the fife of the award. This provision requires that the unit of local government which employs a public safety officer (as defined by section 1204 of Title I of the Omnibus Crime Control and Safe Street Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as they received while on duty. If the recipient demonstrates noncompliance during the life of the award, 10 percent of the award amount must be returned to BJA 14. Criminal Intelligence Systems operating with support of Federal funds, must comply with 28 CFR, Part 23, if the recipient chooses to implement this project. 15. At the Request for Drawdown, the recipient must submit to 8JA a budget for approved purpose area allocations via the Internet system. 16. The recipient agrees this award document constitutes the obligation of Federal funds for use by the recipient in execution of the program or project covered by the award. Such obligation may be terminated without further cause if the recipient fails to affirm its timely utilization of the award by accepting the award and special conditions (within 45 days) from the date of award. 17. The recipient agrees to one 24 month obligation and expenditure period that will begin on the day of the recipient's submission of a Request for Drawdown through the Internet system. All funds must be expended by the end of this 24 month period with no exceptions. Six months from the date of the beginning of the expenditure period, the recipient agrees to submit a semiannual progress report through the Internet system, and to report every six months until all funds are expended or the grant period ends. r Production Release: v1.2 https://grants.ojp.usdoj..../Llebg_Conditions.Display_Condition?p_appl_seq=1000&p_from=APPLICANT_REVIE 3/2/00 ,l _ - • Page 1 of 1 .,~~~ OMB# 1121-0196 Expires: 10- I~„i~l ~I~^ '~~ ~~~ ~,a 29-99 ~~ )~~~~~~ Available Options ~• t.fat Appiicatinns Cttan~ Account tnttltmat€on You are connected as Maria Gorniewicz of St. Lucie County BOCC. ~' RB~rie~v AwaMs Award ~ Appiitxition Part I Status OK? I Part II Status OK? ~ OK? Status ~ Chance Passed StaRae/ [~ Stada! [~ Approved ~ t.Ogout E:p~pieted [~ Got~ieEeQ L~ Accepiied C mad ,~,t Submitted ~ RFf1 SubmMte `-RP~~ t~ RFt>R Pr~cs~ad Ca11N iReCeived Paperwork Reduction Act Notice. Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with the Information. The estimated average time to complete and file this application is 60 minutes per application. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the Local Law Enforcement Block Grant Program, Bureau of Justice Assistance, 810 7th Street, NW, Washington, D.C. 20531. X79"7G~1.;.. ';0 + 94~~...r)•G~ + r ~~~^c'•~Q + r, ~ •, - + ~1~._~~:~~,o•WO G, ui~•i~0 + ~E9~_..•W~ + J~ f LGJ'r'n + ~~,7~;-5~1~n•~;C~ t,~,7~5,190.00 + Q° hops://grants.ojp.usdoj.gov:8004/gms_user/plsgUojp_main.check_email 3/2/00 AGENDA REQUEST ~,,,/ ITEM NO. C-6B DATE: March 14, 2000 REGULAR [ j PUBLIC HEARING [ CONSENT [ X T0: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: Early Redemption of Special Assessment Bonds, Series 1997 BACKGROUND: The attached letter from Mr. Leedy, Financial Advisor to the County, indicates there are funds in the Driftwood Manor MSBU sinking fund which are excess to the debt service needs. Mr. Leedy recommends, and OMB staff concur, that these excess funds be used to redeem bonds scheduled to mature October 1, 2000, and a portion of the bonds due to mature October 1, 2001. This action will reduce the interest cost of the issue to the county. FUNDS AVAILABLE: Funds are currently available in fund 674-Driftwood Manor MSBU Trust Fund PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the early redemption, at par, of a portion of the outstanding balance of the 5132,000 St. Lucie County, Florida Special Assessment Bonds, Series 1997 (Driftwood Manor MSBU). Specifically, 59,000 in bonds maturing October 1, 2000 and 55,000 of those maturing October 1, 2001. COMMISSION ACTION: [Y ] APPROVED [ ] DENIED [ ] OTHER: rI CoordinatioNSignatures ~ County Attorney: XX Management & Budget: XX Originating Dept: Public Works: ~y, ~~~_- Finance: (Check for Copy only, if applicable) X /Doug Anderson unty Administrator Purchasing: Other: G:\B UDGETIWP\AGENDA'S\Agenda00\3' 14_Driftwood'call.wpd lUilliam Rough & Cap `~ ~ ,'~ ~~ LANDMARK CENTER II SUITE 465 225 E. ROBINSON STREET February 10, 2000 ORLANDO, FLORIDA 32801 (407) 422-5161 • FAX (407) 422-5659 Mr. Harvey M. Lincoln Management and Budget Manager St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Re: $132,000 St. Lucie County, Florida Special Assessment Bonds, Series 1997 (Driftwood Manor MSBU) D:.a- Ha:-v:.y: The above-referenced special assessment bond issue is currently outstanding in the principal amount of $94,500. The final maturity is October 1, 2007. Based on information provided by the Finance Department, sinking fund monies available to pay debt service currently total $21,960.04. It is also expected that an additional $1,900.00 special assessments will be collected prior to May, 2000. After payment of the 4/1/2000 interest payment, surplus funds of approximately $20,500.00 will be available to redeem bonds, at par, on April 1, 2000. This issue does not have a debt service reserve account. $21,960.04 Current sinking fund - 3,307.50 Less 4/1/00 interest payment + 1,900.00 Plus 2000 assessments payable $20,552.54 Available to redeem bonds -14,000.00 Redeem bonds early - 3,000.00 Less 10/1100 interest payment $3,552.54 Cash balance at 10/1!00 We recommend that $14,000 of this surplus be utilized to redeem bonds, at par, on April 1, 2000. This would include calling the $9,000 principal amount due October 1, 2000 plus $5,000 principal amount due October 1, 2001. This would leave a balance of $80,500 par amount of the bond issue after April 1, as is shown on the attached debt service amortization schedule. A cash baiance of approxui_~a~ziy .y3,'vO.C~ 1/lii b~; :;li i:und sft~r t11G lvi i/2v~17 1nt~r:,St payanent. Please call if you have any questions or need additional information. Sincerely, WILLIAM R. HOUGH & CO. C..~ ~ Loomis C. Leedy, III First Vice-President LCL:mkr enclosure INVESTMENTS SINCE 1962 MEMBER NASD / S1PC SST. LUCIE COUNTY, FLORIDA `"~ SPE'CL4L ASS.~SS~11E'~17'80.1'DS, SE'RIE'S 199T DRIFTWOOD .1~~'!'OR,1,rSBL'RF,rL110RTIZATIO.V SCHE•DLLE DEBT SERVICE SCHEDliLE Dzte Frr.cipzl Coupon Iliterest Taal Fes[ FISCAL TOTAL i 4/01/2000 - - - - - 10/01/2000 - 2,817.50 2,817.50 2.817.50 4/01/2001 - 2,817.50 2.817.50 - 10/01/2001 5.000.00 7.000; 2.817.50 7,817.50 10,635.00 4/01/2002 - 2,642.50 2,642.50 - 10/01/2002 10,500.00 7.000X 2.642.50 13,142.50 15,785.00 4/01/2003 - 2,275.00 2,275.00 - 10/01/2003 11,000.00 7.000X 2,275.00 13,275.00 15,550.00 4/01/2004 - 1,890.00 1,890.00 - 10/01/2004 12,000.00 7.000X 1,840.00 13,890.00 15 780.00 4/01/2005 1.470.00 1,470.00 : 10/01/2005 13,000.00 7.000X 1,470.00 14,470.00 15,940.00 4/01/2006 1,015.00 1,015.00 - 10/01/2006 14,000.00 7.000X 1,015.00 15,015.00 16,030.00 4/01/2007 - 525.00 525.00 10/01/2007 15,000.00 7.000; 525.00 15,525.00 16,050.00 E Total 80,500.00 - 28,087.50 108,557.50 - YIELD STATISTICS Bond Year Dotlars .......... ........................... .............................. .......................................... .............................................. 5401.23 average Life ................... ............................ .............................. .......................................... .............................................. 4.984 Years Average Coupon ............ ........................... .............................. ........................................... .............................................. 7.0000000% Net Interest Cost (NIC) .. ........................... .............................. .......................................... ............................................... 7.0000000% True Interest Cost (TIC) . ........................... .............................. .......................................... .............................................. 7.0000000% Bond Yield for Arbitrage Purposes .......... .............................. ........................................... .............................................. 7.0000000°h .•111 Inclusive Cost (AIC) . ........................... .............................. .......................................... .............................................. 7.0000000% IRS FORM 8038 Net Interest Cost ............. ........................... .............................. .......................................... .............................................. 7.0000000% Weighted Average Maturity ..................... ............................. ........................................... .............................................. 4.984 Years Williruu R Hough & Cv t91e = STLUCMSBU.SF-DRIFTWOODMA.YOR- SINGLEFURPOSE Public Finance - cGn 2/ T/200010.•44 AM ~,rr AGENDA REQUEST r.r~" ITEM NO. C-6C DATE: March 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: Approval of New Interest Rate for SunTrust 800MHz Loan BACKGROUND: The Board approved a 57,300,000 Public Improvement Revenue Note, Series 1998 with SunTrust Bank in October 1998. The interest rate initially approved by the Board was scheduled to terminate on October 22, 1999 at which time the Board had the option of once again selecting an adjustable or a fixed rate. Since the adjustment was not completed last October SunTrust Bank is giving the Board the unique advantage of knowing what the result would have been on the interest rate if each rate had been selected. Based on this information it is clear that the adjustable 30-day LIBOR option is the best. FUNDS AVAILABLE: N/A -Short Term Liability PREVIOUS ACTION: October 6, 1998 -Board approved initial one-year interest rate for loan. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve using the adjustable 30-day LIBOR option as the interest rate adjustment to be applied to the 57,300,000 Public Improvement Revenue Note, Series 1998 with SunTrust Bank. Staff further recommends the Board authorize the Interim Office of Management & Budget Manager to sign the attached letter on their behalf and return it to SunTrust Bank. COMMISSION ACTION: [x ] APPROVED [ ] DENIED [ ] OTHER: ~~~ Coordination/Signatures County Attorney: XX1~ Management & Budget: XX~ ~~Purchasing: / ug Anderson __-___ Co my Administrator Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) ~_ ~.. r' Other: Public Safety~~==~~~`~_~~, G:\BUDGE"IlW PWGENDA'S\Agenda00\3' 14_800MHz'rate.wpd ~ 002 Sun?"rust Bank, Central Florida, N.J InslitutiGnal &~ Governmenl~ri Groucy Mail Cade 0-2064 200 'S. Qrange Avenue GClal~p0. FL 33901 Fax 1407; 237-2491 StmfTRUST March 3, 2000 Ms. Marie Gouin Interim Management and Hudget Administrator St. Lucie County 2300 Virgins Avenue Fort Pierce, FL 34982.5fi32 RE: $?,300,np0 St. Luoie County, Florida Public In ~.provement Revenue Note, Series 1998 -Interest Rate Adjustment,. J~ear IVIs. Gouin: . The purpose of this letter is to ask the County to c] ose an interest rate aption for the adjustment to the interest rate associated with the above referenced facility. }7ue to an error in our tickler system, this request is late a n,d should have been presented to the County on October 22, 1999. In accordance to our proposal letter from October ~ 2, 1998, the County selected an initial rate for this loan of 4.1?°rb, which would adjust on October 22, 1999. The County would then have the option of aelectin~ either a new monthly adjustable rate at 86.8% of 30-day I.IBOA rate or a new 1 yeax LIBOR rate based on the following formula: Y-Year LIBOR + 0.50% ! Y.25. Foy your reference, I have attached the letter in question. Since this adjustment was z~ot completed when sck aduled the County now has the ben~ef5.t of using the following information before L ,~aki.ng their interest rate ad,7ustment de©laion. The table below shows how the rate would acijust for each option. Given the information from the table above, it is a :parent that the County would be better served i,f it were to choose the adjustable ~ :~0-dap LIBOR option. I have attached to this letter LIBOR rates for the dates ref '=renced in the table above. 03-U3%'OU FRI 1x:32 FAY -3072376897 SUVTRUST CORP BR (~pqg ' Ms. Marie Gouin ~ Re: St. Lucie County .interest Rate Adjustment February 24, 2D00 ' Pdge 2 I apologize far any inconvenience this timing delay has caused you and the County. Please indicate, which interest rate option the G unty wants, by signing ne:ct to the desired interest rate option. 30-vdy LIBOR option 1-Year.L.I.84R aptian A,£ter signing please fax the letter back to me at 407.237-~ 191. I~ you knave any questions, please do not hesitate to call m at 407-237-67fi4. Sincerely, ~~ Todd Morley Corporate Ba tk~ang Ot~icer Institutional i Governmental Banking SunTrust $a~ k, Central Florida cc: Gary Perdue, St. Lucie County Bill Leedy, William R. Hough & Company Wayne Herring, SunTruat Bank, Central Florida D$rlene Rieke, SuaTrust Bank, Central Florida Leslie Dawns, SunTruet Bao.1c, South Florida '~+' AGENDA REQUEST `~ {TEM NO. C-9-d DATE: 10-6-98 REGULAR PUBLIC HEARING [ ] CONSENT [)( ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey M. Lincoln SUBJECT: Approval of reduced interest rate for 800MHZ loan. BACKGROUND: On August 18, the Board approved a loan agreement with SunTrust bank for the 800 MHZ system. Based on changes in the financial market, the bank has agreed to offer the county a lower interest rate fixed for one year, with a renewal option (see attached letter). This action would be in the financial best interest of the County. FUNDS AVAILABLE: N/A PREVIOUS ACTION: Board approval of SunTrust proposal on 8-18-98; Board approval of Budget Resolution #98-234 on 9-22-98 RECOMMENDATION: Staff recommends the Board of County Commissioners approve the revised rates as reflected in the attached letter and authorize the County Administrator to execute appropriate documents related to the loan agreement. COMMISSION ACTION: CONCURRENCE: [ l APPROVED [ ] DENIED [ ] OTHER: .. /,~~ . ,__. r _;,_ __, ___ __ oug Anderson County Administrator Coordination/Signatures Count Attorne ~~~, Mana ement & • X Y Y ' iu~get. X ~urchasin~: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) i~ SunTrust Bank, Central Florida~M4 Mail Code 0-2064 Past OI(ice E3ox 3833 Orlando, FL 32802 Tel (407) 237-5803 Fax (407) 237-2491 SU1~I~tUST September 22, 1998 Mr. Harvey Lincoln Management and Budget Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982-5652 r r;~ ter 8 , ~~1g _. { ST LUCIE COiJI ~~~' `nY FIORIQA RI•J: Series 1998 Public Improvement Note i/a/o $9,000,000 (800 MHZ Radio System) Dear Mr. Lincoln: SunTrust appreciates the opportunity and is very pleased to have been selected to provide the subject financing to St. Lucie County. We look forward to working with you, your staff and advisors in consummating the transaction as quickly and efficiently as possible. As you know, based on our proposal dated August 6, 1998, the County selected the 30-day `, adjustable interest rate option based on a formula of 86.8% of 30-day LIBOR. As of today's date, this formula would yield atax-exempt non-bank qualified rate of 4.86%. Although 30-day LIBOR has declined since the date of our proposal, the current interest rate environment offers the unique opportunity to lock in for a full year at a rate lower than the 30-day adjustable rate. Therefore, SunTrust would like to propose as an option, a 1-year LIBOR indexed rate to be set at closing based on the following formula: 1 Year LIBOR + 50 basis points (.50%1 1.25 As of 9/22/98, the rate would be computed as follows: 5.28% + .50% = 4.62% 1.25 Under the 1-year LIBOR option, the County could save approximately 24 basis points (.24%) over the 30-day LIBOR rate. In addition, by drawing all $9,000,000 at closing, the County could invest unspent proceeds at an investment yield higher than the note rate, further reducing the actual cost of borrowing (subject to limitations under current IRS regulations). At the end of one year, the County, at its option, could select either the 30-day LIBOR rate or a new 1-year LIBOR rate based on the aforementioned formulas. ~+ Waymond L. Herring First Vice Prrsident '~i/' Should you have any questions or comments, please don't hesitate to contact me at (407) 237-5803. I look forward to working with you. Sincerely, ~ ~~ Wayne L. Herring First Vice President/Man Institutional & Governmental Banking cc: Bill Leedy -William R. Hough & Company Warren Bloom -Nabors, Giblin, & Nickerson, P.A. Robert Freeman -Squire, Sanders, & Dempsey, L.L. P. Leslie Downs - SunTrust South Florida, N.A. - ~~~l~am R~'ough ~ Ga,~ LANDMARK CENTER II SUITE 465 225 E. R~BINSON STREET ORLANDO, FLORIDA 32801 (407) 422.5161 • FAX ;407} 422-5&59 Ms. Marie Gouin Interim ltilanagement and Bud~ct :~laaager St. Lucie County '300 Virginia Avenue Fort Pierce, FL 34982-5652 Re: ;7,300,000 Interim Financing for 800 MHz Emergency Radio System Dear Ylarie: lvlarch ; ; 2004 On October 22, t 998, St. Lucie Cotuity burrowed 57,300,000 in `.he form of a Line of Credit from SunTrust flank to frnance the rew 800 MHz Emergency Radio System. The interest rate on the loan uiitialIy was set at 4.I7%, and was to "re-sot" on the one-y~r anniveztary of the loan. St. Lucie County- had the option of `5re-setting" the rate at either 1) 36.8% of the 30 day LIBOR rate or 2) a new one-year LIBOR rate. SunTrust inadvertently did aoz complete this ~re-set" on October ?'_, 1499, but nevertheless is still permitting ilie Count; to select from these t<vo options. die recommend thst St. Lucie County select the 30-day LIBOR option because it has been lower since October 22, 1999, and will result in interest cost savings to the County. Pleas¢ call iPyou need additionsi information. Sincerely, WILLIAtii. R. HOli & CO a Loomis C. Leedy, Iii First Vice President LCL: mkr INVESTh~}ENTS SINCE 19fi2 ,51Eltl8ER NA$a7 / SlPC :~~~,r ~, AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB ITEM NO. C- 6d DATE: March 14, 2000 PRESENTED BY: Marie M. Gouin SUBJECT: Request to advertise for a public hearing -Budget Amendment No. 00-118 to transfer a Dune Restoration Grant project from Mosquito Control to Leisure Services. BACKGROUND: See attached Memorandum FUNDS WILL BE AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the St. Lucie Board of County Commissioners approve advertising for a public hearing for Budget Amendment No. 00-118 to transfer Dune Restoration Grant project from Mosquito Control budget to Leisure Services St. Lucie County General Fund budget. COMMISSION ACTION: CONCUI~rRENCE: [X] APPROVED [ j DENIED [ ~ OTHER: ~ Anderson my Administrator ~~ Coordination/Signatures County Attorney: XX Management & Budget: XX ~~~ Purchasing: Originating Dept: Public Works: Other: _ Finance: (Check fo opy only, if applicable) XX G:BUD(iE"I1WP~AGENDA'S~Agenda00~3'14Anna_Grant. wpd ~.r NOTICE OF PUBLIC HEARING ~ TO BE HELD ON MARCH 21, 2000 7:00 P.M. ST. LUCIE COUNTY ROGER E. POITRAS ADMINISTRATIVE ANNEX BUILDING COMMISSION CHAMBERS 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA FOR THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TO CONSIDER AMENDING FISCAL YEAR 1999-2000 BUDGET BY BUDGET AMENDMENT N0. 00-118 THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS IS HOLDING A PUBLIC HEARING TO TRANSFER CERTAIN BUDGETARY FUNDS AS FOLLOWS: $43,891 GRANT RECEIVED FROM US DEPT OF INTERIOR -FISH & WILDLIFE FOR THE DUNE RESTORATION PROJECTS TO BE TRANSFERRED FROM MOSQUITO CONTROL DISTRICT BUDGET TO THE ST. LUCIE COUNTY GENERAL FUND, LEISURE SERVICES TO BE PUBLISHED ON: FRIDAY, MARCH 17, 2000 G:\BUDGETIWP~AGENDA'S~Agenda00~3'14Anna_Granc wpd `Mr/ w~i' DEP:~.RTI~LEYT OF LEISURE SERti7CES MEyIORAtiDUI~I T0: Sharon Buton, Assistant Finance Director FROM: Mike Leeds, Leisure Services Director ~j~L~ DATE: February 24, 2000 f~ SIIBJECT: Transfer of Grant Funds Due to the fact that Leisure Services has now assumed the responsibility of se-reral projects previously ander the MosQLli tc Control District, the following grant budget accounts need to be transferred from Mosquito Control District to the Board of County Commissioners General Fund: 145110 - National Oceanic and Atmospheric Administration 145111 - U.S. Fisrl & Wildlife Service Also requested is that Finance facilitate the transfer of funds ar_d expenditures to corres~ord with the actual budget transfers. cc: Robert Bradshaw, Assist. County Administrator Heather Young, Assist. County Attorney /btarie Gouin, Principal Budget Analyst, C~~ Jim-Davzd, Mosquito Control Director Anna Smith, Ecosystems Manager, LS t- ~, AGENDA REQUEST ITEM NO. C-6E DATE: March 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: Early Redemption of Special Assessment Improvement Bonds, Series 1996 BACKGROUND: The attached letter from Mr. Leedy, Financial Advisor to the County, indicates there are funds in the Becker Road MSBU debt service fund which are excess to the debt service needs. Mr. Leedy recommends, and OMB staff concur, that $300,000 be used to redeem bonds scheduled to mature during the period of November 1, 2003 through November 1, 2006 plus $45,000 of those due to mature November 1, 2007. This action will reduce the interest cost of the issue to the county. FUNDS AVAILABLE: Funds will be made available in 235-9950-571000-800 Principal-Bonds (Becker Road MSBU Debt Service Fund) PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the early redemption, at par, of a portion of the outstanding balance of the $1,860,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1996 (Becker Road MSBU). Specifically, all bonds scheduled to mature during the period of November 1, 2003 through November 1, 2006 plus $45,000 of those due to mature November 1, 2007. Early redemption of these bonds will take place on May 1, 2000. COMMISSION ACTION: [ x] APPROVED [ ] DENIED [ ] OTHER: Doug Anderson my Administrator Coordination/Signatures County Attorney: XX Management & Budget: XX ~" Originating Dept: Public Works: YY , c~'~v~ Finance: (Check for Copy only, if applicable) ~_ Purchasing: Other: G:~BUDGE7IWPWGENDA'S~Agenda00~3' 14_Becker'call.wpd LANDMARK CENTEP. !! SUfTE 485 225 E- ROBiNSdN STREET dRLANDO, F1..OFiIdA 32801 (40~ 422.5161 • FA: ;407} 422-0659 '~'l~l'- ~'' 2444 Ms. Marie Gouin Interim Managei:ient and Budget Manage: St. Lucie County 2300 ti'irginia Avenue Fort Pierce, FL ;4982-562 Re: $;,364,000 St. Lucie County, Florida Special Assessment improvement Bonds, Series 1996 (Becker Road iti15BU) Dear Marie: The above-referenced special assessm~`nt bond issue is currently outstanding in the principal amount of S1,Sd4,440. Based on information provided by the Finance Department, sinking fund monies available to pay debt service currently total $18,607.93. Afrer payment of the May 1, 2040 interest payment and the November 1, ?000 interest payment, surplus funds of approximately $321,p00 will be available t'o redeem bonds, at par; on May 1, 2440. $ 418,607.93 -18,592.54 - 48.6?~.50 $ 321,222,93 - ~oa~0ao.oo S 21,222.43 Currently sinlcina fund Less ~/1l00 interest payment Less 1 1!tl00 interest payment AvaiIahle to redeem bends Redeem bonds S/l%2400 Cash balance We recommend that $300,000 of this surplus be utilized to redeem bonds, at par, on May 1, 2444. This would include calling the principal balances for Nover..ber 1, 2!}43 through ?046 plus $4,400 of the 2007 maturtf. This would leave an outstanding principal balance of $1,24p,000 on the issue at May 1, 2000. Notice of this i:arly rederuption would need to be made by flpril 1, 240Q pursuant to the bond resolution. L.S. Bank, Fort Lauderdale Florida, serves as paying agent far *his issue. Pl~.ase call ifyou have anJ questions or need additional information. Sincerely, WiLLiAtii R. HOUGH & CO. ~. ` Loomis C: i:eedp; iT! First Vice President LCL:mkr cc: Gary M. Perdew ChrFStann K. Hart:ay- INVESTMENTS SINCE 1962 A~f ~.l9EA NASD / S1PC ~~,, AGENDA REQUEST ,`~, ITEM NO. C-6F DATE: March 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT (X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: Early Redemption of Special Assessment Improvement Bonds, Series 1998 BACKGROUND: The attached letter from Mr. Leedy, Financial Advisor to the County, indicates there are funds in the South Hutchinson Island Wastewater System sinking fund which are excess to the debt service needs. Mr. Leedy recommends, and OMB staff concur, that 5550,000 be used to redeem the remaining bonds scheduled to mature November 1, 2002, and all of the bonds due to mature November 1, 2003. This action will reduce the interest cost of the issue to the county. FUNDS AVAILABLE: Funds are currently available in fund 674-South Hutchinson Trust Fund PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the early redemption, at par, of a portion of the outstanding balance of the 514,920,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1998 (South Hutchinson Island Wastewater System). Specifically, the remaining bonds scheduled to mature November 1, 2002, and all of the bonds due to mature November 1, 2003. Early redemption of these bonds will take place on May 1, 2000. COMMISSION ACTION: [x ] APPROVED [ ] DENIED [ ] OTHER: ~~ Coordination/Signatures. County Attorney: XX ~ Management & Budget: XX~~ Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) X O Doug Anderson C my Administrator Purchasing: Other: G:\BUDGE'IIWPWGENDA'S\Agenda00\3' 14_S'Hutch'call l .wpd ,- _.__~ ~i~t~~m ~.~'~u~h & Co.° ``~ ____. Lgplpp~AA!~K CE(dT'=P, !l SUITE 465 225 E. ROBtNSON STREET iVfarch 7. 2000 ORLANDO, FLOR{OA 32801 4AOZ3 422-5161 • FAX (407) 422-5859 tifs. tifar e oum Tnterim Management and Budget 1~lanager $r. Lucie Ceunt;~ ?300 Vir?inia Avenue Furl' Pierce, FL X4982-563 Re: 59.0,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 199$A (South Hutchinson lsland -~iprth Distract W'astewatcr System) Dear Marie: The above-referenced special assessment bond isst:e is currently ou~tandin~ in the principal amount of $770,000. Based on information provided by the rinance DeFartrent, sinking fund monies available to pay debt service currently total $183,163.78. After payment of the Flay 1,2000, interest payment and the ~iovember 1, 2000, principal and interest payment, surplus fiords of approximately $1 S 9,000 will be available to rrdecm bonds, at par, on ~tilay I, 2000. This is a conservative tioure btcause it is also expected that an additional 532,000 will be collected prior to June I, ?000. 5 183,163.78 Current sinking fund - 26,825.00 Less 5!1!00 interest payment - 36.825:00 tress 11;1/00 principal and interest payment 5 11.9,5 13.78 Available to redeem bonds - 105.000.00 Redaan bonds 5/1/2000 S 14,513:78 Cash balance We recommend that $105,000 of this surplus be utilized to redeem bonds, at par, on ;Viay 1, 2000. This would include callin7 all of the principal amount of bonds due November 1, 2004, through and including November 1, 2007. This would leave an outstanding principal balance of 5655,000 on the issue ac lilay 1, 2000. Notice of this early redemption would need to be mad4 by April I, ZG00, pursuant to the bond r~soluiian. U.S. Bank, fart Lauderdale, Florida, serves as pa}ri.^.g a~e;:t for this issue. Pieaso call if you lave any questions or nerd additional information. Sincerely, 4VTLLiAtiI R. HOLG & CQ. ti Loomis C. Leedy, III First Vice President LCL:cnl.~ cc: Gar}' yf. Perdew Chrism K. Hartley INVEST1titENTS SINCE 1962 ME'A2ER P1A$D / S/PC i AGENDA REQUEST ,,fir ITEM NO. C-6G DATE: March 14, 2000 REGULAR ( ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: Early Redemption of Special Assessment Improvement Bonds, Series 1998A BACKGROUND: The attached letter from Mr. Leedy, Financial Advisor to the County, indicates there are funds in the South Hutchinson Island-North District Wastewater System sinking fund which are excess to the debt service needs.. Mr. Leedy recommends, and OMB staff concur, that 5105,000 be used to redeem bonds scheduled to mature during the period of November 1, 2000 through November 1, 2007 inclusive. This action will reduce the interest cost of the issue to the county. FUNDS AVAILABLE: Funds are currently available in fund 674-South Hutchinson Trust Fund PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the early redemption, at par, of a portion of the outstanding balance of the 5910,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1998A (South Hutchinson Island-North District Wastewater System). Specifically, all bonds scheduled to mature during the period of November 1, 2000 through November 1, 2007 inclusive. Early redemption of these bonds will take place on May 1, 2000. COMMISSION ACTION: [ x ] APPROVED [ ] DENIED [ ] OTHER: oug Anderson ty Administrator Coordination/Signatures Count Attorne ~'' y y XX Management & Budget: XX~/" Purchasing: Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) X Other: ~ ~ Lt i;c,~2J'' G:\BUDGETI WP\AGENDA'S\Agenda00\3' 14_S'Hutch'call2.wpd LANL'MAP,K CEt3TER II SUITE 435 225 E. RO81NSaN STREET vlarch ?, 20b() ORLANDO. ~ORIDA 32801 Ms, l~Iari~L~sou2n 5161 • EAX (4C7) 422-5659 Iliterim 1~lanaaement and Budget Manager Sr. Lucie County 2300 Virginia Avenue Fort Pierce, FL 3498?-3652 Re: SI4,920,000 St. Lucie County, Florida Special ASSessrnent Improvement Bonds, Serial 1993 (South Hutchinson Isiazd Wastewater System} Dear ~'~larie: The above-referenced specie! ass~'ssnient bond issue is currently outstanding in the gri-tcipsl amount of ;13,8 i 0,000. Based on information provided by the Finance Department, sinking fund monies available t0 pay debt servic~ currently Iota! 51,231,18094. AxRer payment of the 5/1/?000 interest payment a~zd the lovember 1, 2000 interest payment, surplus funds of appro:cimately 5550,000 wall be available to redeem bonds, at par, on i4'Iay I, 2000. This is a eonservadve figure because it is also expected that an additional S31 1,000 wil! be collected prior ko 3une 1, 2000. S 1,23 i,l$0.94 - 334,667.50 - 33.567.>0 5 ~ ~ 1.845.94 - 550.000.00 511,345.94 Current sinking fund Less 5/1/00 irtere~ pa}inert Less 11.%1/00 interest payment Available to redeem bonds Redeem bonds 5/1;'2000 Cash balance VVe recommend that 5530,000 of this surplus be utilszed to redeem bonds, at par, on May 1, 2000. This would include calling the remauzing 5205,000 principal bslance due \Tovomber 1, 2002, and the entire 5345,000 principal amount dac November I, Z00:. This would leave an ouutanding principal balance of 313;320,000 on the issue at May 1, 2000, Notice of this early redemption would need to be made by April i, 2000, purauant to u`ta bend resolution. First Union rational Bank, JackSOttville, Florida. serves as paying agent for this issue. Please call if you have ary duestions or need additions! information. S incerel}~, L~+'IT..LL~v11L HQUGH ~ CO. _~ ~~ Loomis C. Lcedy, RT First Vice President LCL;inlz cc: Garv M. Perdew Chris*ann K. Hartle}• INVESTMENTS SINCE 1862 ,k6~-9£~A rcaso ~ SiPc `w,.v AGENDA REQUEST ..~ ITEM NO. ~" ~~~ DATE: March 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: Budget Resolution Numbers 99-284 and 00-44 Correction of Scrivener Error in Fund and Organization number. BACKGROUND: The fund and organization number 310002-7210 was assigned in error on Budget Resolutions # 99-284 and #00-44, which should be fund and organization 001- 7240. This error was discovered on 03/06/00 and it will be corrected by the enclosed revised Budget Resolution #99-284 and #00-44. FUNDS AVAILABLE: N/A PREVIOUS ACTION: December 14, 1999 and February 08 2000, St. Lucie BOCC approved Budget Resolution # 99-284 and #00-44, which were both donations for the South County Regional Sports Stadium. RECOMMENDATION: Staff recommends that the Board of the County Commissioners approve revised Budget Resolutions 99-284 and 00-44, correcting scrivener's error in the fund and organization numbers. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: / Do g Anderson Cou Administrator Coordination/Signatures Coun Attorne : XX ~"~ Management & Budget: XX Purchasing: XX ~ ~- ~ y ~ Originating Dept:l( Public Works: Other: Finance: (Check for Copy only, if applicable) XX RESOLUTION NO. 99-284(revised) WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from a donation from Harbor Federal Bank for sponsorship in the South Regional Stadium in St. Lucie West. 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 14"' day of December, 1999, pursuant to Section 129.06 (dl, Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-00, and the County's budget is hereby amended as follows: REVENUES 001-7240-366900-79502 Donations $2, 500 APPROPRIATIONS 001-7240-599330-79502 Project Reserves $2,500 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn xxx Commissioner Frannie Hutchinson xxx Commissioner Doug Coward xxx Commissioner Paula A. Lewis xxx Commissioner Cliff Bames xxx PASSED AND DULY ADOPTED THIS 14TH DAY OF DECEMBER, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY `~/ RESOLUTION NO. 00-44(revised) WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget far St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from a donation from First National Bank & Trust Co. Of the Treasure Coast, for the South Regional Sports Stadium (St Lucie West). 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 8 `" day of February, 2000, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-00, and the County's budget is hereby amended as follows: REVENUES 001-7240-366900-79502 Donations APPROPRIATIONS 001-7240-599330-79502 Project Reserves After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn xxx Commissioner Frannie Hutchinson xxx Commissioner Cliff Barnes xxx Commissioner Doug Coward xxx Commissioner Paula A. Lewis xxx PASSED AND DULY ADOPTED THIS 8TH DAY OF FEBRUARY, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY $2,500 $2, 500 "''~` AGENDA REQUEST '~/ ITEM NO. C-7-A DATE: March 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Award of Bid #00-014 Sagamore Waterway Maintenance Dredging BACKGROUND: On February 9, 2000 bids were opened for the maintenance Dredging of the Sagamore Waterway. One hundred ten vendors were notified, eleven sets of bid documents were distributed and three bids were received. Ludlum Construction was the low bidder in the amount of $20,000. FUNDS AVAIL.: 101003-41134-563000-42503 Transportation Local Option Drainage PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of bid #00-014 Sagamore Waterway Maintenance Dredging to the low bidder Ludlum Construction Company, Inc. in the amount of $20,000, approve the project budget as stated on the Division of Engineering memorandum 00-035 and authorize the chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: [~ APPROVED [ ]DENIED [ ]OTHER: rfg Berson un Administrator .,' County Attomey:(X) ~1~ Originating Dept: Finance: (Check for Copy only, if Applicable)_XX_ Coordination/Sianaturea Mgt. & Budget:(X) Y 11 Other: Purchasing Mgr.:(X) Other: Eff. 1 /97 K:\WP\AGENDAS\BIDS\2000-014 award.wpd V DIVISION OF ENGINEERING MEMORANDUM 00-035 _' ~ '- To: Charles L. Bicht, Sr. -Purchasing Manager .~ ~ tl Via: Don West, P.E. - County Engineer~~3 _. ~ - Via: Barbara Meinhardt -Budget and Revenl1ue Coordinator~F~~ °- --~ v^1 .~ -- --. From: Craig Hauschild, E.I. -Project Manager ~f- Date: February 15, 2000 Subject: Award of Sagamore Waterway Maintenance Dredging (Bid # 00-014) In October of 1995,=the headwall on the east side of Airoso Boulevard, which conveys water into the Sagamore Waterway, failed. The culvert and headwall were repaired shortly thereafter, however, the failure resulted in some siltation of the canal. In July 1996, the BOCC approved dredging the Sagamore Waterway in the amount of $20,000 (See attached cop of Agenda) to repair the damages. This project is intended to remove the resulting siltation of the headwall failure and restore the Sagamore Waterway under "Maintenance Dredging" to elevation -5 feet National Geodetical Vertical Datum (NGVD). On February 9, 2000 bids for this project were opened in the Purchasing office. We have reviewed all three (3) of the bids received. The bids were checked using the unit prices that were provided. Based on our review of the bids, we recommend award of the contract to the low bidder, Ludlum Construction Company, Inc. in the amount of $20,000. The following budget is established for the project: Construction: $ 20,000.00 Testing: $ 500.00 R/VU: $ 0.00 Reserves: $ 2.000.00 TOTAL: $ 22,500.00 Funds will be made available in 101003-41134-563000-42503 Transportation Local Option Drainage attachments: Approved Agenda Request Item No. 5 Dated July 2, 1996 Bid Tabulation Sheet Bid Summary Spreadsheet cc w/attachments: Ray Wazny, P.E. -Public Works Director Michael Powley, P.E. -Capital Projects Engineer ~~~ z.::':.~- AGENDA REQUEST DATE: ITEM NO. 5 July 2, 1996 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT) ENGINEERING DIVISION 4115 SUBJECT: PRESENTED BY: ~~ ~~ onald B. W t, P.E. County Engi eer Maintenance dredging of Sagamore Waterway requested by Mr. John Barth, residing at 110 N.E. Twylite Terrace, Port St. Lucie. Staff is to report to the BOCC on permitting and construction costs. Mr. Barth wishes to address the BOCC concerning this matter. BACKGROUND: See Attached Engineering Memorandum FUNDS AVAIL. (State type & No. of transaction or N/A): No funds available; possible MSBU Project. PREVIOUS ACTION: n/a RECOMMENDATION: Engineering staff submits the attached report for BOCC discussion and consideration. Staff recommends that the Board not approve maintenance dredging beyond a point 200 feet east of the Airoso Blvd. culvert pipe headwall, as this is a City of Port St. Lucie canal right-of-way. COMMI/SSION ACTION: CONCURRENCE- [ ~J' APPROVED [ ] DENIED [ ] OTHER: Thomas R.L. Kindred County Administrator Coord[i~nation Si n tures County Attorney Mgt. & Budget tJ! Purchasing Originating Dept. Public Works ~ Other ~ F-~ ~_~l.i.(1L1•'~j Finance (Check for copy only, if ap lib) _ -~- Eff. 11/4/93 FROM: County Engineer DATE: June 26, 1996 SUBJECT: Maintenance Dredging of Sagamore Waterway Requested by Mr. John Barth, Residing at 110 N.E. Twylite Terrace, Port St. Lucie. BACKGROUND: In March, 1995, Mr. John Barth, residing at 110 N.E. Twylite Terrace, Port St. Lucie,, contacted the County to discuss the need for dredging of the Sagamore Waterway, east of Airoso Blvd. (see attached location map). His ~~ letter included a petition (see attached copy) with signatures of the property owners living on both sides of the Waterway, along Twylite Terrace and Sagamore Terrace. Mr. Barth ,.made a claim that the work performed by St. Lucie County in March, 1995, involving replacement of a culvert pipe under Airoso Blvd., had contributed to the shoaling of the Sagamore Waterway. He further claimed that poor maintenance of the previously failing culvert had caused the shoaling over a period of many years (see attached letter). On October 17, 1995, a tropical storm hit St. Lucie County, resulting in extreme flooding throughout the County, and up to 16" of rainfall in certain areas. This extreme event caused the newly constructed concrete headwall to fail on the east end of the Airoso Blvd. culvert pipe crossing. The headwall failure caused a sandbar to form immediately downstream of the culvert. The contractor, Sheltra & Sons Construction Co., subsequently repaired the concrete headwall, and removed the visible sandbar. In late October, 1995; Mr. Barth. contacted Commissioner Green to further discuss this issue. Commissioner Green responded with a letter dated November 1, 1995 (copy; attached). In November, 1995,'Mr:'Barth appeared before the BOCC'to discuss the need for dredging of the Sagamore Waterway. Mr. ~ Barth 'reaffirmed ~~his :claim that-' - the work performed by St. Lucie County in March:1995,-involving replacement of a culvert pipe under Airoso Blvd., had contributed to the :_ shoaling ;of the-Sagamore.. Waterway.. In addition.to_this, Mr. Barth .claimed that failure of '-the `new culvert structure during -the ,October. 17, :;:.1995 'storm ` - ! event had `aggravated";-the stuation,even more, causing .more shoaling to occur.'.Mr.~°Barth requested that;the County°_consider_dredging ahe.Waterway- to remove the' shoal .areas': Engineering staff was directed by the Board to investigate the claims made by Mr. Barth, and to report back withthe'findings:: ~; `-' Pagen2ering Memoranduo. 96-298 '!~ ,_ July 2, 1996 _. Engineering staff has researched the problem to try to .reach some conclusion as to what may have caused the shoaling to occur 'in the Sagamore Waterway. The attached report details what data was gathered, including results of soil testing in the canal, and provides further discussion related to probable causes of the shoaling. Conclusion: Based upon our research, and based upon the results of the soil testing performed by Fraser Engineering & Testing, Inc., staff concludes that the 1 to 2 feet of sand overlying the muck layer in the first 200 feet east of the pipe headwall may be~the result of soil loss during the headwall failure (October 17, 1995 storm event) previously mentioned. The shoaling that is evident downstream from this point (silt and muck material), is most likely a result of silt accumulation due to tidal action over the last 13 years rather than sand loss from the headwall failure, or pipe failure. Engineering staff recommends that the Board not approve maintenance dredging beyond a point 200 feet east of the Airoso Blvd. culvert pipe headwall, as this is a City of Port St. Lucie canal right-of-way. If an MSBU (Assessment) Project is to be considered as a possible funding mechanism for dredging of the entire shoal area within the Waterway (beyond the 200 feet), then staff would recommend that the Board consider adopting a policy to address long term maintenance responsibilities for dredging, within City-owned canals. Permittinct & Construction Costs: Based on discussions with FDEP concerning permitting requirements for dredging of the Sagamore Waterway, staff offers the following information: Dredging of the first 200 feet east of the pipe headwall (to remove the overlying sand deposits), could be accomplished through issuance of a "maintenance permit," by FDEP. There is no charge for permit application for a maintenance permit, and the permit could be processed for approval in approximately 30-60 days. Construction costs for dredging of the first 200 feet of .canal (estimated 400 C.Y.) is estimated at approximately $20,000.00, including mobilization and disposal of dredging spoil material. ;. .. Dredging of the entire shoal area in the canal-would involve dredging approximately 800-900 lineal feet,-east of the`pipe headwall. Dredging of this magnitude (estimated 1500 C.Y.)-would require a_'~general permit".......from FDEP. ,Permit application costs for a general permit is-:$600.00, and the permit generally takes 6-12 .months for approval. In addition to the longer processing .t ime:..the°permit application_is much _: more involved for a-general permit. .`Additional engineering work will be required~to survey .the-canal in greater detail, and'`canal'cross section drawings ,will have to be generated at 8-1/2":xll'~.-size..foreach section. . Engineering "Memorandum~b : 9 6 - 2 9 8 ~ . '~ _.. ' Page 3 ~> . ~ •, ; . _ . July 2, 1996 _ A protect of this magnitude will-require. a.°spoil site,° with an earthen containment dike; to receive the dredged material. The dredged material could be trucked away for disposal after it is allowed to dry out. An empty lot adjacent to the dredging site would have to be chosen as a possible "spoil site." Arrangements would have to be make with the property owner, for use and restoration of the property. This factor could add great expense to the project, depending upon availability of possible "spoil sites." Construction costs for dredging of the entire shoal area is estimated at approximately $40,000.00 - $50,000.00, including mobilization and disposal of dredging spoil material. RECOMMENDATION• Engineering staff submits the attached report for BOCC discussion and consideration. Staff recommends that the Board not approve maintenance dredging beyond a point 200 feet east of the Airoso Blvd. culvert pipe headwall, as this is a City of Port St. Lucie canal right-of-way. ~ - .. : _ _ .. Oou.taac~r~ ~' . R~aN•+ c - Oa - iVA. Y - 21; $ ~ l < f. c 7 i ! W H a is K is w q ~s k p t ~ GENPRS~ ..7EYEao%~ FhT l~ w~5a -~V !? N V t • _ ~ ~t ` ~ !/77LiT/DES ~ 214 ~0~ ~ ss iL w f ~ • c: ! ZI ' a ,,. ~ ' « ~ :: ` ~K:. ui e.... e. e, i k ~ ~ • t~ M !/ Q K !3 i< ~ !C Z! ~ C..eX. aty t.... ! ~ : t~. ~ ~ wK • d = ~ r 3 • L1a caL~1 nvra ur ~ ~-• ~ 1 A. 1 t7 . h ,.. _ « < ~ s a! i! s 32 b s 3t !" ~ s:~ a ~s ~ q w .ts 327 • t~ is a n' «r C ` ~~ . n i s < so . ,y . ~ . !s . 6 ,. c is • 6 t' t a. t s c s ~ s ~~ w• ~ • a ~ c 34 5 • r ' '~ , ~ ~•.• ~+ ' Q v a GaLe~coa~ti-c Av ra ur "~d ~ N e tt d r < s~ ss s u s ~ s to e u ~ ~ ss s a ~ 325 • 10 ~ !1 ~ Gi - 10 !! i ii r ~ < ~ ~ Y Lam. 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'tom '' `'° "' ~ ~.; ~ •s~ std ¢~ ~ J~ ~ n ;~ • ~. s - ~. ~«a' ~ is ~ "~ ' ,. t ~ s • • oaC ` ~ m st to V ~ ~r ~ ~ ~ ~ . t ~~ ~ - ~ u r - ~ sOwr 'L~ r~ ~ n ~ is K .y. ~,~ri K s. u ~ ~ Rp bECCA.. ~VN ! ~ a ~ ~ ~• e~ ~ db'~Ja~~ v t ~. ~~', ENV ~ ~ ~ . • o ~ • y~` ~` s. f . • ,ras «~r -ro sE US~o FOa trot • !rlr aeaar . sec~,N%s oF~2.0 ~r . - 3 6 S. ,~,,~ ao E. 34 .. .- «~ - ~r_:ed ``sr ux~ GOtJNiY. E1~ORioA SA CA MORE' ~ 1~VA?'~R !NA ~' ..._ .. L ~o~A. TioN ~- MQ ~° 't y ~ QOARD OF COUNTY COMMlSSlONERS November 1, 1995 . .; DENNY GREEN COMMISSIONER ~~~~IV]EID ~ttrl..4 31995.._ .. . Mr. John Barth- 110 Northeast Twylite Terrace Port St. Luae, FL 34983 RE: Dredging of Sagamore Waterway East of Airoso Boulevard Dear Mr. Barth: In response to your request for St. Luae County to provide maintenance dredging for the Sagamore Waterway, t offer the foAowing information: 1. St. Luae County does not provide maintenance dredging for City-owned or privately owned canals... Sagamore Waterway is a City of Port St. Luae canal right ' of-way. 2. Sagamore Waterway is a tidal canal and contains jurisdictional waters of the State of Florida. Maintenance dredging of the Sagamore Waterway would require . permit approvals from the Florida Department of Environmental Protecxion (FDEP), and the U.S. Army Corp of Engineers (COE)...Securing these. permits would be costly and time consuming. 3. A County-owned culvert structure under Airoso Boulevard failed as a . result of the October 17, 1995 atorm - event ~ This culvert failure caused a sandbar to : .: form in the.Sagamore Waterway:approximately 100 feet downstream :from he east .: headwall.. -The County Public Works Department is presently-working wi#h a contractor to have the culvert repaired and the` sandbar removed. This will not, indude dredging ' of the Sagamore Waterway :.beyond the limits of the sandbar. 4. . ~ ~ The County Public Works staff met with the FEMA:representative at the . Sagamore Waterway site on Friday, October 20, to discuss the culvert damage.:. The FEMA representafive'informed us that rernovaf of he sandbar (dredging of canals) is ::~, not generally a reimbursable expense under the FEMA~ Program. - ~ -`; ~ ~'' HAVERT L PENN. OisMU No. 1 KEN SATiIER, 0imkt No. 2 • OENNY GRE£N. OtsM~ Na 3 • GARY aiAttttS. Otsniu No. 4 • CLIFF UA(iNES, DiuAU No. 5 Carry AdtnkNmota • ihomos R.L iGndoed ..2300 Virgirdo Ave~ue_ ~ Fort Pierce; Fl. 34982-5652 • (407) 462-1406 • FAX t407) 462 2431 ~ iD0 (407)462-1428 Furthermore, reimbursement by FEMA for the repair of the Atroso Boulevard culvert is stilt pending approval. This damage site may not qualify for FEMA reimbursement,upon amore detailed analysis yet to be determined by the FEMA - ~ assessment team. in the summation,. we antiapate repair of the Airoso Boulevard culvert structure, and removal of the referenced sandbar.. Maintenance dredging of the entire Sagamore Waterway is-not a County responsibii'ity. I hope this answers your questions .and provides you with a better. understanding of the situation. Sincerdly, J-~-- Denny G en Commissioner, .District 3 OW/DGIpn cc: Board of County Commissioners County Administrator Public Works Director County Engineer - ~ (' ~ p W Q Z ~ °o W ~ LU ~ ~ W Z r ~ C~ W ~ ~ ~"' ~ W Z ~ ~ F- Q ~ G J m ~ W Z ~ ch ~ ~ O Z O ~ W ~ W O Z M _ W a a o ~ ~ ~ ~ o J m w ~'- ~ ~ O . Q Z_ V ~ ~ _ ~ ~ Q ~ ~ ~ ~ ~ o ~ m ~ W W ~ CV W > ~ > ~ ~ o o Q Z ~ ~ Z O N W Z OC J V Q W_ ~ Q ~ ~ m r ~ ~ ~ ~ O ~ ~ 0 O ~ Q J Z a o C~ m = W a o m «Q a . O ~ ~~N O ~ F- ~>c~i~ ZI ZI zI el _I M 0 W H m' W ~ ~T n w z a O o ~ .. N ~ ~ ~ a V m m N ~ 0 m o m O m z z z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 pC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .f Iri co co ce Iri co v v In `ri v d' 0 0 0 o ao ts3 o u~ ~ r ~ M M In I(7 aD a0 '? 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U1 O1 D7 O !T m d1 O !T m W ~ '~. p c .n ~ 'a v •a •o S a b a •o ~ a o n~ ~~ v a~ m a~ m m ~ a 4i m ro E ~ m~ E a a` o 0 0 0 0 0 0 0 o a~~~ v~~~ ~ E a (/~ o F- ai j~~ v~ N N 0 ~ ~ Q N Q 0] U A W u. C7 2 -, Y J J c= rn ~ r- •- u~ In ~ ~ u~ In In In In In u~ In In rn 0 0 0 In 0 0 , c ~,OQ 0 0 0 0 0 0 0 0 0 ~ NN NN NN NNNNN~~~ pp p O Q. m U . N : ~ AGENDA REQUEST '~' ITEM NO. C-7-B DATE: March 14, 2000 REGULAR[] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: "Piggy-Back" the Fort Pierce Utilities Authority Maintenance Contract BACKGROUND: See attached memorandum from the Utility Director FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to "piggy-back" the Fort Pierce Utilities Authority Maintenance Contract. COMMISSION ACTION: [x] APPROVED [ ]DENIED [ ]OTHER: nderson Administrator Coordination/Signatures County Attorney:( Mgt. & Budget: Purchasing Mgr.:(X) Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eff. 1/97 H:\WP\AGENDAS\OTHER\piggyback FPUA mainten Cont.wpd QOARD OF COUNTY CO~i1lvI1SSIONERS `r/' UTI LITI ES ~ RECYCLI NG DEPARTMENT WILLIAM [3LAZAK DIRECTOR MEMORANDUM TO: Charles Bicht, Purchasing Manager FROM: William Blazak, Utility Director ~~~~~ DATE: February 15, 2000 ~~ FPUA Maintenance Contract Attached is a~copy of the current maintenance contract for Fort Pierce Utility Authority. I would like to "piggy-back" this agreement to facilitate the installation of the domestic water line to Agriculture Center. FPUA's prices were achieved by a competitive bid process and represent a very competitive pricing schedule. Utilization of this contract would eliminate the need-for a formal bid process for the Agriculture Center project and also allow for installation in amore timely manner. Their well system and water is in very bad condition and connection to domestic water needs to occur as soon as possible. The plans and engineering are completed for the project and I just received the DEP permit last week. Once this contract is in place I would like the ability to utilize it for installation of lines for other utility projects if the need arises. Let me know if you need any additional information. THANKS JOHN D. f3RUHN, District No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. 3 FRANNIE HUTCHINSON, District No. 4 CLIFF 6ARNE5, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue Fort Pierce, FL 34982 Phone (561) 462-1150 • FAX (561) 462-1153 PORT PIERCE P,;d PURCHASING DEPARTMENT CITY HALL, 100 NORTH U.S. 1 P.O.. BOX 1480 FORT PIERCE, FLORIDA 34954-1480 _ May 11, 1999 Mr. Melvin Bush Melvin Bush Construction, Inc. 2748 Casella Street Port St. Lucie, FL 34953 RE: Annual Unit Price Contract for Installation of Underground Utilities Bid No. 4852 TEL. (561)460-2200 FAX (561)595-9948 Dear Mr. Bush: We are herewith enclosing one completely executed copy of subject agreement for your files. Please refer all correspondence pertaining to this project to Tom Richards, Director of Operations, as he will be in charge of this job. Thank you. Sincerely, FORT PIERCE UTILITIES AUTHORITY o~"" Tony Barnes, CPPB Director of Purchasing TB/jg Enclosure Distribution: Director of Finance Director of Operations (Original) File gUN ~ ~ 1 t ~~ ,- { ~ ~ , •, CONTRACTORS NAME Melvin Bush Construction, Inc LICENSE NO. RU - 0054441 V TYPE OF LICENSE State -Underground Uti 1 ities & Annual Unit Cost Contract for Installation of lJnderground Utilities for WateNWastewater Systems. CONTRACT IDENTIFICATION AND NUMBER: Bid No. 4852 THIS BID IS SUBMITT D TO: Fort Pierce Utilities Authority ~ . Purchasing Director 100 North U.S. 1 • Post Office Box 1480 Fort Pierce, Florida 34954 1. The undersigned BIDDER proposes and agrees, if .this Bid is accepted, to enter. into an Agreement with OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price indicated in this Bid and in accordance with the Contract • Documents. 2. BIDDER certifies that he has investigated the requirements to do business in the jurisdiction where the project is located, and that he is qualified to do business and holds any licenses required to comply with the bid requirements and contract documents. 3. BIDDER accepts all of the .terms and conditions of the Instructions to Bidders including, without _ limitation, those dealing with the disposition of Bid Security. This Bid will remain open for 90 days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract security and other documents required by the Contract Documents within fifteen days after the date of OWNER's Notice of Award. 4. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Contract Documents and of the following addenda: 9-~ Number w (receipt of all of which is hereby acknowledged) and also copies of the Advertisement to Bid and the Instructions to Bidders; • • (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. ._.....__ _:__._(c)._The_BIDDER agrees_that.he.has exercised information and. has utilized all data which he -~---- •believes pertinent from the ENGINEER, OWNER, and other sources in amving at his conclusions. ~ r ~ - .' . t 1 of 17 BIO H l ~' ~ ~ . , IUD (~ont'dl (d) BIDDER assumes responsibility for obtaining and carefully studying all such examinations, investigations, explorations, tests and studies which pertain to the subsurface or physical conditions of the individual Task Order site or otherwise may affect the cost, progress, performance or famishing of the Work at ~~ the Contract Price, within the Task Order Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions. (e) BIDDER assumes responsibility for reviewing and checking all information and data shown or. .indicated on the individual Task Order with respect to existing Underground Facilities at or contiguous to the site ~ and assumes responsibility for the accurate location of said Underground Facilities. BIDDER agrees to perform and famish the Work at'the Contract Price, within the Task Order Times and in accordance with the other terms and conditions of the Contract Documents, including specially the provisions of paragraph 4.3 of the General ~. Conditions. (f) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable. ~ . (g) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, orgarnzation or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other 8icider or over OWNER; and 5. The undersigned bidder hereby proposes to famish equipment and materials, labor, labor supervision, construction tools, and equipment, and construction services and utilities required to perform the work items described hereinafter .complete in accordance with the specifications and associated contract documents for the unit/cost prices indicated in the Unit/Cost Price Schedule below: 7 7 »: .. I~ _ -- - -- ...___ ~ r. r f r.r. - . 2 of 17 BID • , BID (~(;ont'dl ~/ ,~' SID SCHEDULE ~l 2. DIP Class 50 Push-On Joint PART A -UNIT/COST PRICES ! I Item No. Description Quantity Unit 1. PVC DR-18 a) 4-inch 1,000 L.F. b) 6-inch 8,000 L.F. c) 8-inch 6,000 L.F. d) 10 inch 200 L.F. e) 12 inch 1,000 L.F. ~ fl 16-inch 100 L.F. g) 18-inch 100 L.F.. (h) 20-inch 100 L.F.: (a) 4-inch (b) 6 inch (c) 8-inch (d) 10-inch (e) 12-inch (1) 16-inch (g) 18-inch (h) 20-inch Material Installed Unit Price + Unit Price ~ 1.51.50_ • $~~ $~D~ $~T~ $ $ $ $~ ~~b- ~14~4a~ 100 L.F. ; $ 6.50 1,000 L.F. S $00 L.F. $~' 100 L.F. $-'IT:'0.0-' 100 L.F. $ ~~_nn ' 100 L.F. $ 96.00 .100 L.F. $ 33.00 ~ 6.00 S J_50 $ ti 1111 S S ~In-_nn $_~ c . uu Total • =Unit Price ~ Amount ~ 5.50 I ~ 5,500.00 ~-1S..~i4~ $~~ _3,Q,~_ $ ~ nnn nn $~~ '• $ ,4,4nn_nn ~~-~0.~ I $ 5 nn n nn 12:50 ~ 1.250.00 ~ ~'~ 9~9~_nn S ~ 9500.00 S S 0 $ 3. PVC SDR-35 8" Gravity Sewer (a) 0,-6, ~ 1,600. L.F. • $ 2.20 $ 9.00 $ 11.20 $ 17,920.00 (b) 6 -8 u *• f . i ;~ 800 ` L.F. ' $_2,,ZQ,,.. $ 13.00 ~ $ ~133~~3300 .__ 600•b00 (c) 8'-10' ;~ w ~ . ~ ; 400 L.F. ' $ $ ''' . ~ > '~~~3130~0 (d) 10'-12' '"' ~ ,' 400 L.F. ~ $ S •.';5~ $ (e) 12'-14' _. 'i 400 L.F. S__~:•LU ~ ~:~~•~~s.~._.-. $-$y$50~0 4. PVC SDR-35 ' 10" Gravity Sewer• a) 0'-6' b) 6'-8' c) 8'-10' d) 10'-12' . (e) 12'-14' 5. PVC SDR 35 12" Gravity Sewer a) 0'-6' b) 6'-8' c) 8'-10' d) 10'-12' e) 12'-14' 800 L.F..' $ ~ $-`,~-,~Q~ S~ ~ $ 6.800.00 400 L.F. ' $ ~ _, $ ~ ~ _nn . $ ~ 1 $ 6.600.00 ' 200 L.F. $ 3.50 $13.00! S_ ' $ 3.300.00 200 200 L.F. i L F $ $ $ $ r $ ~ S ~'3~- 1 $ ~ ~; ~ . . ~ _ ' ~~ • ~" $_ 800 400 L.F. ~ L F $ 5.00 00 $ $ $ 14.00 ' ' "~ $1'1, 200.00 - 200 . . j F~ L $ 5 $ $~."' $_1~5' ~~~ '' ' $"'_" $ ~ 1 $"~~~3 ()0.0Q tf0 . (f0 200 . L F $ $ 16 00 $~ . . . ; $ 4, _. _. 3of17 • BID ~,. r Sri/ ~ .. . 6. Manhole it (a) 0~~~ b) 6'-8' c) 8'-10' 0 d) 10'-12' ' ' e) 12 -14 7. Mechanical Joint Restraints (a) 4-inch (b) 6-inch c) 8-inch ~ (d) 10-inch (e) 12-inch . f) 16-inch g) 18-inch ~ (h) 20-inch 8. Ductile Iron Fittings 9. Tapping Sleeve and Valve ~- a) 6"x6" b 8"x6" c~ 12"x6" ~ • d) 8"x8" ~ e) 12"x8" 12" ? . x4 (~ 6 g) 10" x 10" ~ (h) 16" x 6" 10. Gate Valve (a) 4-inch (b) 6-inch (c) 8-inch (d) 10-inch (e) 12-inch f) 16-inch 11. Butterfly Valve (a) 18-inch (b) 20-mch 12. Sanitary Sewer Services ' (constructed in conjunction ~ with new sewer line) a) 0'-6' single) ~,.. b 0'-6' double) ; :--•~ c 6'-Over single) . (d) 6'-Over double) 12 16 6 25 100 50 10 50 10 10 10 25 1~ • 4 4 8: 4 I Fem. EA. EA. ; L.F. , BID (Cont'dl $ A00~0 $ 50000' $ 1~0 EA. j $_ 31 .00 $ 1 .00 $ 600" 1=A. ~ i $ 0 $ __~ $ $ 75~ F~4. ' ' $ 80.00 $ 30.00 $ EA. l~.i $ 95.00 $ ~~s_no $ 30.00 $ an_oo $ $ F~4. ~ EA i $ .tan _ n0 $ 300 00 $ $ $~,q (1.00 . i _ . $ f5 U . UU TONS $~,,~00.00 $ 1 .900.00 $ 400. 0 Fr4.: $ 0 F.A. ~ $ 0 ESA. ' $ inn _ n0 t=A. $1~ 0 FJ~.: $,2,?~Q..QO EA.: $, 600.00 EA. ~ $ ?5_ 00 EA. $~~'~75:00 $ 0 $._,_B.OIl..0.0 $~ 0 ~0 $ 1.5'~UO $0 $~o ' $ 1 150.00 $~ $ 6 Z50 ~0 ' $~~~o $ 2_ oo: a j $ 3.500.00 I $_110.000.00 $__x~__,,__400.00' $~~b0: $01 $ 0~ $ 0' $~00: $ 2~0. -3..3Z~..00 $ 1"-5~'~UO $0 $"~;~60~0 $,~0 $ ~ 3 , 500.00 10 l=A. $ 195.00 $ 60.00- $ 255.00, $ 2,550.00 20 15 EA. Fem $=-~0 $ 0 50 $ 0 $~0. $ 00 $ 500 :00 . : $ , 0 5 15 EA. ° EA $_ inn _ n0 $ / /5 00 $ $ 0 $__~~nn _ n0' $ X25 :0 $- 'f~~0 . . _ 0 ~ $ 0 3 EA. ~ i $Z$QO..DO $ ~~n _ nn $.~,..IIsQ.AO $ .4,?.~0_00 3 FJ~.~ $ 02, 00.00 $ 00.00 $ 300.00 $ 6,900.00 3 F~4. $~,,p~p $ inn nn $ ~ , ~ ,n A0 , $ R 250.00 i 45 EA. ~ $ 110.00 $ 125.00 .. $ .2„35.00 $ 10,75.00 40 EA. ; $ ; $S 20 EA $ $ ~ r $ $~ .~ $ '"~5~ . . $ 20 EA. ~ $ ~ 1 ~n _ nn $ ~ ~~ _ nn $~, c~ ' $1,~. 900.00 ~ ~ ~, ~, . "u ,. 4 of 17 BID ' BID C 'dl { ont . 13. Sanita Sewer Services ry - ! (to existing sewer line) ~ (a) 0'-6' (single) (b 0~ 6' (double) 20 15 EA. ° EA. ' $ ~ ~ n _ nn $ 1 z 1 oo $ 50~0.00~ S $ 6~' 1 p_. Q~0 ~ $ 12 1 c~ 6 -Over (single) ( d) 6'-Over double) 1 p 10 EA, EA. ! • $ -11.11.-QQ $ 1 ~ 1 nn $-fi0.0-.~Il- $ inn nn $ A i $_ ~ 1 nn I $ 7 ,100.00 $ 7 ~ ~ ~ n nn 14. Water Services (constructed in conjunction i :with water main) i a 1" single short) b 1" single long) c 1" double short) 50 50 35 EA. i EA. ~ EA ; $ $-1 20.00 $ $ 90.00 $ ~1177 $ $ 0 .00 $ $ ~ ! $ 10 250.00 $ 0 " . _~ ~ 5u . uu _ ~ $ 0 ~~ d 1 double long) e~ 2" single short) f) 2" single long) 35 ~ 25 25 EA. ~ EA. EA $ $~ $ ?8 00 $ $ ~~ $ $1~ I $ $ ' " . ; 0. $ ~u . uu $ $ ~b~~0 ~~ g) 2 double short) h) 2" double long) 20 20 EA. ? EA. $ $_~ $ $~~ $ I $~ i $ 0 $~ _ 15. Water Services ~ (to existing water main) ~1 - (a 1" single short} (b~ 1" ~smgle long) (c) 1" (doubl h t 50 50 EA. EA. ' $ $ 0 S ~0 S_f~0. 0.00 $ 200.00 $ -2 ~ 10 ~j e s or d) 1" double long) e) 2" (single short) 50 50 25 EA. EA. EA $ 1 $ 1 $ 70.00 7~ S 11 n . 00 . S ~ $ $ ~~ $ 4'000 0 $ 0 " . ~~n _ nn S $; 0~~0 $ f) 2 (single long) g) 2" double short) " 25 25 EA. ; EA. $ ~~S _ nn $~$n _ nn ~ inn _ nn $ inn _ nn $ a7,~ I $~ ~ $11, 87 ~ ~ 00 $14 inn _ nn t ~, (h) 2 double long} 25 EA. $ 390:00. S 20n _ On $ 5 n _ 00 , $14 , 750.00 ~) 16. Blow-off Assembly 8 EA. $ 24n . Qn S 10n _ n0 $ ~4~0.Op,. ~ $ ,~, 720 00 17. Fire Hydrant Assembly 25 EA. $ 850.00 S 750.00 $ 600.00 $ 40 , 000.00 (constructed in conjunction _ with water main) ~ 18. Fire Hydrant Assembly 25 EA. $ 1, 320.00 $ 500.00 $1, 820_00. $ 45 , 500.00 (constructed to existing - water main) ` t 19. Bacteriological Sample Point 30 EA. $ 40.00 g 100.00 $ 1, 40.00' ' S_ 4 , 200.00 20. Dewatering - (a) 0'-6' ' 1,000 L.F. ~ $ 4.00 $ 4.00 $ 00 $ 8.000.00 ~' ~ (b) 6 -12' (c) 12'-18' 1,000 1,000 L.F. L.F. $ $ 5 . UU S S 5 . UU $, R _ np„ $ _-~QQ, $ ,~, nnn _ nn $'LQ, 000.00 _.. 21. Pavement Repair and Replacement ~ ; . . a) Asphalt Road 5,000 S.Y. ~ $ 1.0.00 S 4.00 $~• • 00 $ 70 , 000.00 b) Asphalt Driveway c) Concrete Driveway 1,000 1,000 S.Y. j S.Y. $ $~~ $ a _ nn $ 8.00 $ ~ $ $ 0 $ 6.000.00 (d) Concrete Sidewalk 500 S.Y.' $ g - nn ~ R _ nn $~Q,Q ~ $ 8.500.00 (e) Asphalt overlay (fl_... - . ~ Concrete Curb - __._ :::--.-. 7,500 ..,. - 250 S.Y. ~ ; .::_ L F ' $ .-. _. _ . - S ~ _ nn .- 5 - -g a 0 ,! $ ! - „ $0.000.00 --- - ,.. . . . : _ _ . .. $ . - : _~ __ _ _-- . ~_. $ '/,~ v n. "'~ 1 5 of 17 BID I 1 L• l 22. Sod Replacement (a) Bahia (b) Floratam 23. Seed and Mulch 24. Wet Well (a) 6' Diameter 16.1 -18.0' Deep 18.1 - 20.0' Deep (b) 8"Diameter • 16.1 -18.0' Deep 18.1 - 20.0' Deep (c) 12' Diameter 16.1 -18.0' Deep 18.1 - 20.0' Deep BID (Cont'd) `~.r+~ 5,000 S.Y. $ 1.30 ~ $ 1.30 $ 2.60 i $ 13,000.00 5,000 S.Y. $ 1.60 $ $~ $~0 10,000 S.Y. $ . .10 $ . 30 $ . 40 t $_ 4 , 000.00 2 1=A. $ 4.000.00 i $_ 9 , 000.00 $_13 , 000.0 $ 26 000.00 2 EA. $4.300.00 $1~.QQQ...00 $ 14~ ~~0,,0 $, _8, 600.00 2 Fro. $F-?0000 $11 "000.00 $~.Q,O $ 4;400.00 1 EA• $~ .600.00 $19 . oon _ 00 $.a.$r.G.QQ.O, , $.,,] 8, 600.00 1 EA. $~~;OU0.00S1~~00 $?~0. $8;000.00 25. Valve Vault 8 EA. $1 .980.00 S, 620,~Q0 $ .600.0 $ X0.800.00 26. "A-Lok" Lining 5,000 S.F. $ 7.00 $ 1.00 $____8.00 ~ $_ 40,000.00 27. "T-Lok" Lining 2,000 S.F. $ 7.00 S 1.00 $,8.00 ~ $ 16 , 000.00 28. Cleanouts (Installed to exist lines) (a) 0'-6' (4") ' " 50 EA. $ 60.00 $ 175.00 $ 235.00 $ 11.750.00 b) 6 •Over (4 ) ~ ~ c) 0'-6' (6") (d) 6' O 6" 20 25 EA. EA. f n - $ $ Q,p, $ inn _ ~o S Aso _ nn $------ ~Q~ ~ $_31i2_ QD $ 5 900.00 $ 0 - ver ( ) 15 EA. $ S_2,25..Q0.. $_2$~QQ $ 4.2 0 29. Remove Water Main - (a) 4" " 1,000 L.F. $ .00 $ 2.00 $ 2.00 $ 2,000.00 (b) 6 " 2,500 L.F. $ 00 S-iO ~ $~~ $'~~Q~ (c) 8 2,500 L.F. $~~ S $~6~ $OU 30. Grout and Abandon Water Main (a) 4" " 1,000 L:F. $ 2.00 S 1.00 $ 3 X00 $ 3 , 000.00 (b) 6 (c 8" 2.500 2 5 L.F. $ 2.00 $ 1~ . 00 $ . 00 ~ $ 7 , 500.00 , 00 L.F. $ ~ _ 00 S 1 _00 $ 3.00 $_ 7.500.00 31. . Remove ~ Sanitary Sewer ~ , (a) 8" " 1,000 L.F. $ 00 $ 1.00 - $ 1.00 ~ $ 1,000.00 b) 12 1,000 L.F. $~~ $ 1~6 $~; b~' ! $~'Q'~~ c) 18" " 1,000 L.F. $~0 S 1.00 $~ $"'~~~ d) 24 1,000 L.F. $ .00 S 1.00 $ 1.00 I ~ $ 1 , 000.00 32. Grout and Abandon - .. Sanitary Sewer ; __ , ~- (a) 8" 1,000 L.F. $ 50 $ .50 $ 1.00 ~~ $ 1,.000.00 (b 12" 1,000 L.F. $~0 $~. , 0~ $~0 I $~i~ c) 18" " 1,000 L.F. $ _ 50 $ _ 50 $ 1.00 I $ . d) 24 1,000 _ =,=L:F.:- --$ _--- :50--- _ $ :::. ~ 50..._ ~ $Q__:_ ._$:.. - : - 0~=--:_:_.__-- ,,., ,.y, 6 of 17 glp . ~ ~ BID (Cont'dl " - ~. 4 .. ~ .. r±y 33. Remove Sanitary Manhole ~ ~~ i a) 0'-6' .. b) 6~ 8 8 6 EA. ': EA $ _ 00 $~ $ 400.00 $ 400 $ 400_pp I $ 3 200.00 ' - ~ c) 8 -10 ' ' 6 . ; EA: ; ~ $ . 00 .00 $ 0 0 $ i $ 00 . $ ~U UU $~'; Qp• d) 10 -12 e) 12'-14' 4 4 EA. ; E $ _00 $ 500.00 $ 500.0(2 I $ ~~i A. $_.:.QQ.. $_59~ ..~Q $~QQ.QQ $ 0 34. Remove and replace Fire ~ 'Hydrant. 20 EA, ~ $ 500.00 $ ' 500.00. $1, 000.00 $ 20 , 000.00 ~ 35. Outside drop on Manhole a) 6'-8' S Ep,. ' $ 55.00 $ 150.00 $ 205.00 ~ $ 1, 025.00 ~ c) 10'-12' S EA ~ $--5~ $-~00''U~" ~~i - I , ~ . 5~ $ ~ ~ 2 36. Indemnification (General j Conditions Article 6, ~ ~ Paragraph 6.15) 1 LS i $ 10.00 PART A TOTAL ~ (ITEMS 1-36) $ 1.558.965.00 Figures One Million Five Hundred Fifty Eight Thousand Nine Hundred Sixty Five and 00/100 Dolla (Use Words) ~. ~ r•i.. BID BID (S;ont'd) '~ r/ _ . J r PART B TIME 8~ EXPENSE PRICES (TO BE USED ON T&E TASK ORDERS ONLIn Item No. uescrroaon u uantity_ urnt race ~ AmOLnt 37. Equipment Hourly Rates ! (a) Trackhoe 5,000 Hr. ~ 40 00 $ ~ $ 0 00 (b Combination Backhoe 2,500 Hr. ~ $__~~~ , $~~~0 c) Front end Loader 4,000 Hr. - - I ' d Grader Truck e~ Oum 300 4 000 Hr. Hr $ 356 $~- $ t~~~0 $~0 p , . f) Forklift _ ~ 300 Hr. $ 20.00 ~ $ 6, 000.00 g) Crew Truck with , hand tools 5,000 Hr. $ 12.00 ~ $ 60.000.00 (h) Trash Pump 3" ~ 800 Hr. : • $ 5 ~n0 t $ r) Trash Pump 2" 1,500 Hr. $ , i $, 7.500.00 ~j) Walk behind Vibrating Roller (7800) 500 Hr. $ 10.00 ; $ 5 000.00 k) Rev. Plate Compactor 1,500 Hr. $ 10.00 _ $ 0 I) Cut off saw (14") 2,500 Hr. $ .5.00 ~ $ 0 m) Street saw (14") 500 Hr. $ 5.00 $, 2.500.OQ 38. Crew Hourly Rates (a) Crew Man ~ 3 (b) Foreman (c) Supervisor 39. Overtime Crew Hourly Rates (a) Crew Man (b) Foreman . (c) Supervisor 40. "Offpeak Hour" Crew Hourly Rates a) CrewMan ~b) Foreman (c) Supervisor $ 993,900.00 figures PART B TOTAL (ITEMS 3T - 40) Nine Hundred Nin 5,000 Hr. 16.00 ~ $ 80.000.00 1,800 Hr. $ -3 1,800 Hr. T. 00 ~ S 3,000 1,000 Hr. Hr. $ 21.00 $_~ $ 63 000.00 $~~~ 1,000 Hr. $ 0 $ 3,000 Hr. $ 21.00 ~ $ 63 000.00, 1,000 Hr. $-~ ~ ~$ 0 ~ 00 Three Thousand Nine Hundred and 00/100 Dollars __. ~ .. . ..~ ..n ,~ 8 of 17 B1D i f. ~,, BID (Cont'd) TOTAL BID - (Items 1 - 40) ~t PARTA $ 1 ,558,965.00 _, PARTS $ 993,900.00 1 1. ~ - TOTAL BID $ 2,552,865.00 ~ (Figures) Two Million Five Hundred Fifty Two Thousand Eight Hundred Sixty Five and 00/100 Dollar ~~ ~ (Use Words) 9of17 BIO L r' f I L I .... L I i y I 3~ ASIS OF AWARD BID (Cont'd~ ~/ For the purpose of award the correct summation of Part A (Unit/Cost Prices) amount and Part B (Time & reserved for eject any and all Proposals andtto waive te~chn cal errors and irregulantties as may be deemed best for the interests of the Owner. The Bidder hereby certifies that he will comply with the Trench Safety Act, Chapter 90-96 F.S. The Bidder further certifies that the cost (which is included in his Bid Schedule unit cost) of compliance with the Trench Safety Act is as follows: Item Nom., Description Qum ~ Unit Price ~~ 1. Trench Excavation ~F 1.00 2. Sheeting/Shoring SF 2.00 f • Sig ture Date 3 _!/' Melvin Bush President Typed Name and Title •'~'r.M' ~~ . ~e • J 10 of 17 r BID 1}~D.(Cont'dl ~- ADDITIONS OR DEDUCTIONS The following unit prices are required to be furnished by the BIDDER, and are unit prices that he will accept as full compensation or allow as a credit to the OWNER for the work items listed in establishing the value of changes in the work. These unit prices may be used by the OWNER to establish the value of the changes in the work. The OWNER, however. reserves the right to utilize any of the three methods for determining the value of changes in the work that are listed in the General Conditions (Article 11 -Change of Contract Price). These unit prices will not be used and will have no stature on the project except as they may be utilized in conjunction with. modified changes in the work. 1. For each foot of depth added to wet well depth (a) 6' diameter Add or Deduct Ft. of Depth $ 750.00 {b) 8'diameter Add or Deduct Ft. of Dept $ (b) 12' diameter Add of Deduct Ft. of Depth $ 2. ~ For each foot of depth subtracted from wet well depth (a) 6' diameter Add or Deduct Ft. of Depth $ 750.00 (b) 8' diameter Add or Deduct Ft. of Depth $ 750.00 (b) 12' diameter Add or Deduct Ft. of Depth $ 750 . BIDDER agrees to begin work within ten (10) working days after the date of the Notice to Proceed is issued on an individual Task Order. Owner is entitled to liquidated damages of 0.5% of aggregate work per day exceeding the time allowed for any given Task Order. Owner and Contractor agree that Owner suffers damages and that the agreed upon amount of 0.5°'° of the aggregate work per day is entitled to be claimed by the Owner without the Owner providing any additional proof that he is entitled to such liquidated damages. Saturdays, Sundays, and holidays will not be counted when computing liquidated damages. 6. The following documents are attached to and made a condition of this Bid: (a) Equipment, Material, and Subcontractors List (b) Completed Experience of Bidder Questionnaire with supporting data. (c) Sworn Statement on Public Entity Crimes. (d) Affidavit on contractor Drug Testing Program. (e) Performance of Work by Contractor List. (f) A written statement from a Surety licensed and qualified to operate in the State of Florida confirming that Performance and Payment Bonds up to $125,000 can be furnished within ten (10) days after their need is determined and requested. Y 7. Communications to the BIDDER concerning this Bid shall be addressed to: ~~~ Mailing Address: Melvin Bush Construction, Inc. • . Street Address: _2748 Casel la Street City, State, Zip Code: _ Port St. ~ F 4953 ~W° Tele hone No.: 561 33 - --~ ._ ~ ) G •G23 ~,. • • 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract . included as part of the Contract Documents have the meanings assigned to them in the General Conditions. ~: `~._.. ~ SUBMITTED on March 11 , ; 19 99. - -:~= r '• M. ~ i.~. ~~ 11 of 17 ~ BID ~_~;_ n _. . ".' BID ~ont'dl By (Individual's Name -Signature) (Individual's Name -Typed or Printed) (S~') doing business as - Business address: Phone No.: ~. - -- -- _ -=i-~-___ ..._ ---- 12 of 17 BID t ~~ ~ BID (S;ont'dl ~ L - , ~ By (SEAL) (Firm Name) L (General Partner -Signature) (General Partner -Typed or Printed) L ~ Business Address: Phone No.: ~~R7CTTi:31a1 By Melvin Bush Construction, Inc. . (Corporation Name) Florida (State of Incorporation) r BY e of Hutnonzeo to Sign - (Name of Person Authorized to Sign -Typed or President (Title) (Corporate Seal) ~. Business as: 2748 Casel la Street *%~ Port St. Lucie, FL 34953 ~~... Phone No.: (561) 336-0623 ;~:;.~...;~:,_,._.. -~ :Tr.:w~rbv~. ~•....~, l 13 of 17 ~ ~ BID ^) .. BID (Cont'dl . By (Name -Signature) (Name -Typed or Printed) i. ~' By (Name -Signature) (Name -Typed or Printed) Address: i (Each joint venturer must sign. The manner of signing for each individual, .partnership and. corporation that is a party to the joint venture should be in the manner indicated above.) 14 of 17 ~ ~ BID i i i BIO (Cont'd~ SUBCONTRACTORS LIST Subcontractors. If subcontractors are proposed to be used for portions of the work, the names, addresses and work classifications shall be listed. If more than one~subcontractor is listed for a certain type of work selection will be made by the OWNER. Name: dim & Lianes Lawn Service Name: Address: 129 S.W. Byron St. Address: Port St. Lucie, FL 34983 Work Classification: Sod rep 1 acement Name: Address: Work Classification: Name: Address: Work Classification: ~~ ~~. .~ 1 Work Classification: Name: Address: Work Classification: ' Name: Address: Work Classification: -- --------~----------..-_.._r -_.._____._.._.,....,.:._..._-_ ___. ti. 15 of 17 BID BID ~Cont'd) ~XPE ENCE O BIDDER The Bidder shall submit a list of at least three clients for projects involving work of similar type and comparable value that have been constructed within the past 5 years. A. City of Port St. Lucie - Laney Southerly (561) 871-5148 ~. Name of Client and Contact Telephone Number 450 S.W. Thornhill Dr. Port St. Lucie Street ~ ity . ~, Drainage /Culvert Replacement Description Date !~~ B. City of Port St. Lucie Utilities - John Thomas (561) 871-5432 Name o Client and Contact Telephone Number 1001 S.E. Prineville St. Port St. Lucie Street City • Discharge main / Finish• water main /Raw water main • f Description Date C. Life Care Center of Port St. Lucie -Farrell Preston (561) 398-0364 Name of Client and Contact Telephone Number ~ - 3720 Jennings Road Port St. Lucie. Street . y City ~ Underground Utilities Description Date ~ PERFORMANCE OF WORK BY CONTRACTOR The Bidder shall perform at least 50 percent of the work with his owri forces. ~ Bids from so called "Brokerage Contractors" will not be considered. List the items that the bidder will perform with_ his own forces, if awarded this Contract, and fill in the blank showing the estimated total cost of these items. O 99% of Contract ~~ ~r ~ 16 of 17 BID .. BID ,(Cont'dl SURETY If the Bidder is awarded a construction Contract on this Proposal, the Surety who will provide the Performance and Payment Bond, if required, will be: Preferred National Insurance Co. whose address is Street Coral SDr1ngS FL Cry ~ State ~ Zip . The rate to be paid by the Owner for these bonds when required is: 2.5% -Performance Bonds 2.5% -Payment Bonds ,. 1 ~~~ ~~. _~. :-~ .4. . . ., .. - 17 of 17 BID .. • • '~'' AGENQA REQUEST ~ ITEM NO. C-7-C DATE: March 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Hurricane Irene & Floyd Emergency Purchase Orders 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, 1999 December 14, 1999 December 21, 1999 January 4, 2000 January 11, 2000 January 25, 2000 RECOMMENDATION: Consider staff recommendation to approve the Emergency Purchase Orders issued. for Hurricane Irene and Hurricane Floyd. COMMISSION ACTION: [X] APPROVED [ ]DENIED [ ]OTHER: County Attorney: Doug Coordination/Signatures Mgt. & Budget:(X) Originating Dept: Other: Finance: (Check for Copy only, if Applicable) XX_ ion inistrator Purchasing Mgr.:(X) Other: Eff. 1/97 H:\WP\AGENDAS\OTHER\Irene & Floyd agenda 3-14-OO.wpd MEMORANDUM PURCHASING DEPARTMENT TO: Board of County Commissioners FROM: Charles L. Bicht, Sr., Purchasing Manager DATE: March 6, 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 $300.00 P2010873 Pioneer Metals 500.00 P2011068 Garage Doors Sales 468.00 P2011217 Culpepper & Terpening 2,500.00 P2011220 Native Technologies 184,990.00* P2011300 Home Depot 87.20 P2011301 White Aluminum 661.50 P2011302 Garage Door Sales 175.00 P2011303 A A Fire 110.00 P2011306 Stanley Steamer 348.50 P2011308 Arnoff Moving 1,742.75 Total as of 12/1/99 $191,883.95 P2011595 JA Taylor Roofing $35,470.00 P2011596 Laumar Roofing 122,093.00 P2011601 Arnoff Moving 400.00 P2011603 Turbo Link (windscreens) 13.391.29 Total 12/1 /99 - 12/8/99 $171,354.29 H:\WP\MEMOS\irene POs 3-6-OO.wpd `dI` P2010849 Stanley Steamer 250.00 P2010872 Tropic Supply 500.00 P2019874 J A Taylor Roofing 4,919.00 P2010946 Wolf A/C 50.00 P2010989 Lifeline Medical 61.00 P2010847 Dale's Bar-B-Q 143.00 P2010848 Flying J Inc 15.00 P2010062 Apple Industrial Supply 229.00 P2011736 Enviroglades Inc $45,000.00 Total 12/8/99 - 12/15!99 $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 Con trol Budget P2011746 ABC Fencing $785.00 P2011308 Arnoff Moving CO add 2,808.00 P2011301 White Aluminum Co add 73.50 P2011898 C7H Baseball & metal 2.700.00 Total 12/28/99 - 1/3/00 $6,366.50 P2011966 Taylor Made Metals $300.50 P2011967 Taylor Made Metals 300.50 P2011969 All Indian River Fence 241.50 P2011970 All Indian River Fence 357.50 P2011965 ARS Climatic Corp $24,558.00 Total 1 /3/00 - 1 /18/00 $25,758.00 P2012425 Adron Fence Co $1,757.00 P2012587 Airsys ATM Inc 4,728.00 P2012593 Arnoff Moving 417.00 P2012089 Southern Security Systems 800.00 P2012213 General Elevator 4,500.00 P2012282 Johnson-Davis 4,250.00 P2012344 Summerlin Seven Seas $15.276.00 Total 1 /18/00 - 03/06/00 $31,728.00 Total $3,006,407.31 H:\WP\MEMOS\irene POs 3-6-OO.wpd MEMORANDUM PURCHASING DEPARTMENT TO: Board of County Commissioners FROM: Charles L. Bicht, Sr., Purchasing Manager DATE: March 6, 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 $5,808.00 P9915788 Lifeline Medical Services 10,736.00 P9915789 Able Ambulance 5,655.00 P9915610 Dale's Bar-B-Q 59.00 P9915611 Donut Circus 76.00 P9915612 Top's China 450.00 P9915613 Flying J Inc 433.00 P9915614 Lee's Subs 314.00 P9915586 Tri-County Feed 421.80 P2011205 Carlton Paving 9,190.00 P2011236 B K Marine 7,660.00 P2010957 Aeration Industries 1,725.00 P2011492 Boynton Pump 683.00 P2011571 Modular Medical Systems 600.00 P2011736 Enviroglades 7,888.00 P2011822 Consolidated Electric 5,304.00 P2011522 Summerlin Seven Seas 15.360.00 Total as of 12/15/99 $72,362.00 H:\WP\MEMOS\Floyd POs 3-6-OO.wpd ~/ P2012038 Graybar Electric $628.50 P2011950 Summerlin Seven Seas 6.640.00 Total 12/12/99 - 1/18/00 $7,268.50 P2012256 Waste Management $77,671.00 P2012545 Bennett's Site Development 16,909.50 P2012149 CPM Mobile Welding 438.50 P2012306 Richmond Electric 4 346.00 Total 1/18/00 - 3/6/00 $99,365.00 Total $178,995.50 H:\WP\MEMOS\Floyd POs 3-6-OO.wpd ""`.r AGENDA REQUEST '~.~/'` ITEM NO. C-7- DATE: March 4, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Bid #00-015 Re-tile Bathrooms in the Roger Poitras Annex BACKGROUND: On February 9, 2000 bids were opened for the re-tile of the bathrooms in the Roger Poitras Annex. Thirty nine vendors were notified, seven sets of bid documents were distributed and no bids were received. Two vendors provided quotations prior to the bid process. Both have indicated that their prices are still good by updating their quotations. The low quotation was received from Target Tile in the amount of $18,000. FUNDS AVAIL.: 316-1931-546200-1526 Budget $18,000 PREVIOUS ACTION: N/A Capital Maintenance Improvement Projects RECOMMENDATION: Staff recommends approval of a bid waiver and award from quotations for the re-tiling of the bathroom in the Roger Poitras Annex to Target Tile in the amount of $18,000 and authorization for the chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: [~] APPROVED [ ]DENIED [ ]OTHER: `/ County Attorney:(X) Coordination/Signatures Mgt. & Budget:(X) Other: Originating Dept: Finance: (Check for Copy only, if Applicable)_XX_ dig 9(nderson u v Administrator Purchasing Mgr.:(X) ~-~ Other: Eff. 1 /97 H:\WP\AGENDAS\BIDS\2000-O15.wpd ~Ir-' ~/' 4 W H Z= O Z O W~ V ~ m J ~ ~ m W Z Z . Q CC G Q ~ o O a o ~ W °o N C~ 0 ~ Z ~ ~ ~ ~ ~ ~ o ~ ~ O O GC = Q m W ' ~u ~ V - > W ~ J Q ~ w Q A w ~ Z ~ W z a W N V O W ~ Z O O a D . ~ z W w j ~ z Z Z I- Z a 0 W ~~ z z oo~ Z W ~ ~ ~ W m ~ N i D .. Z ~ v a ~ o ~ o ~ o v m m 0 0 0 0 m m m W W Z Z Z a err' MEMORANDUM CENTRAL SERVICES TO: Charles Bicht, Director, Purchasing FROM: Mike burette, Director, Central Services DATE: February 15, 2000 SUBJECT: Bid - #00-015 Re-Tile Bathrooms Staff is requesting you waive the Bid on the above since there were no respondents to the pre- bid meeting on February 2, 2000. ' We are herewith attaching the two(2) quotes we received prior to going to bid. We were unable to receive a third quote. We are requesting you seek BCC approval to award this to: Target Tile ..........................$18,000. Attached you will find the two(2) quotes showing these prices are still in effect. MD:bk att. c~ -, ~.~ --, -~ _ n , - - _ , ..~ ~.~ - :--, 6.. ~i -~. . .. ... ~` ~~ ~ _ ©2,'15r'~0~6 2E:4~ 1561°7~?~98 ~~ I ~- ~ q +~] ~ ~ ~ r~e ~, s Ucense # 002725 PIt0~03A1 tU$ ItPED ~ TARGET TILE ~ M1;RELE TARGET •.+' TILE Carami~ & Marble Installations 686 Tharnhili Drivrr Part SL Lucie, iZ 34983 (561) 879-9356 Estimate Pi • Nb. Of _ rMONt 1~y/U w ' 1 [ l PA~;E G1 Jett Swanger Jason 5wanger DATE CITY, ADD Z~jCOQI; JD! ~~ I1Cp'YV~ IOC? lC~~ ~aL1~f~ 1" 1 ~ ~`C ~ Ai:calrrct pAi'E DF rua - i~SB ~ ~$~ wa hear oroOOM ro +whnn maae+aM aew +~ +~+~~' ~ +-+ arn~MUah et: L . n .sit / n . ~ /! r i 1 C-~ ~ ~ ~oXtav 6 I` ~7~'~ I~j t~D xr<! IV '`t„~~ UQ f ~_ L ~ ~' ~ ~u f N + S h at iy ~ 1N S ~g ! / c.~+"b (=/uQ r•7- •~~.•~ ~ w «z • ~ - weed erg _ - ' 05- ~DG - ~o "7 ~.o !- aaa - av3 aZ9 y ~ 9s~ 9 ~- ~ $' r 30~ - 3D,~-- 30~ 3oS~ 3Db - x[77 3S/ - 3F~ 3g'3- 8' - 385" ~7.~ 37t. FES-1~-~J@ MUM 11 :@~ FFa3i-II4M.FLO~7PIMG 1+`a~hion ~+'lanrin~ (b6I)381-ZOOl (:561)5(~~i-:3t?~11) ~~ Propoaai No.: PROPQSAL Date: February i5, 2~i~D ~ St. Lucze C~urzLy 1 ~ e ~ ! WE pRDPOS~ 7"HE Fc,! lcrvir. JOb N9m@: at~rt aae~: JobLooafwn: ob Phone: P.o ar Poritra~ BId _ v.irginia Avg. Et, Fierce - -- F'urni8h rind Iratsll the .fo.~lowing - Quarry Tiie - Ex6 in l4 13atrrooms includes take u,F -~ ar7 removal of exisiting the 20321.43 ~~ Felt .paper in aiY bathracros 3321. GC ._._., r------- - _"_ - - l skp~Cyfianalrr1fomrdflori lNng fo tNs Pn~x:66! C EPTA CflNDITIdNS pF PROPOSAL CLIENT COPY - TD BE Iota! Job CRSt ~ plat 5~3, 642.43 Authorized Signature t~F PRQPQ t Sigmafere ~ Si~r-~ts° Data NED 1N1TH ACCEPTANCE .02 ''~''' AGENDA REQUEST DATE: March 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Permission to advertise for bids for the Civic Center Entrance Doors BACKGROUND: 2000 budget item FUNDS AVAIL.: 316-1931-546200-150017 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval forthe request for permission to advertise for bids for the replacement of the Civic Center doors. COMMISSION ACTION: [x] APPROVED [ ]DENIED [ ]OTHER: Coordination/ Signavt~u'yres ~~~,, Mgt. & Budget:(X)Q~ I 'r County Attorney:(X) Originating Dept: Other: Finance: (Check for Copy only, if Applicable) ~./ ITEM NO. C-7-E o g derson Coun Administrator Purchasing Mgr.:(X)__ ~r*~~.~-- Other: Eff. 1 /97 H:\WP\AGEWDAS\OTHER\civic ctr door replace per adv.wpd Replace front doors on the Civic Center with specifications as follows: A. Specify YKK doors. In the past few years we have specified YKK doors in an effort to standardize doors throughout the County. This allows us to standardize our hardware and replacement part. Approved or equivalent may be offered. Substitutions must be submitted ten(10) working days prior to bid openings for approval. B. Installation of four (4) sets. C. Must meet South Florida Date County Building Code Protocol PA201-94, PA202-94 and PA203-94. D. Specified doors YKK Protek YHS-50 non-shuttered door system and Model 35H impact resistant heavy duty swing doors. Fabrication: Reinforce frames and door stiles to receive hardware in accordance with manufacturer's recommendations. Welded corners. Conceal welds on aluminum in accordance with AWS recoaunendations. Hinges: 1 1/2 pairs per leaf Closurers: LCN 4040 surface mounted Panic Hardware: Doromatic 1490 w/standard pull hardware Glass: Safe-Glass by: Security Impact Glass 7/16 overall heat strengthened laminated - inboard and outboard. All glass clad polycarbonate Design Pressure: Tested at positive +46 Tested at negative -60 ~rr-' Specifications - Front doors Civic Center page 2 of 2 Finish: Bronze with clear protective coating Note: Take out three(3) sets of store front doors and replace with windows using the same reinforce framing and glass as used in aforementioned doors. Old doors remain the property of St. Lucie County. 3-2-00 ~1rw V : ProTek 50I35H Nonshuttered System is fully compliant :quirements of the South Florida Test Protocol PA 201-94 Missile Impact (9 Ib. 2x4 impact at 50' per second), and col PA 203-94 Cycle Loads (simulating hurricane force sing against the system for 9,000 cycles) as well as PA 202- complies with SBCCI ,Standard SSTD 12-94. -50 Framing is 2 I/2" wide by 5" deep. The Model 35H -3/8" thick. YHS-50 YHS-50 YHS-50 E Z• E G 0 h ~. 6 17 s a. (~ ~~ v r b 0 0 1" h rN 0 n G 0 ~1~r/ `, Mvc-880f.jpg (640x480x16M jpeg) ~L° 4- Mvc-881i.jpg (640x480x16M jpeg} ~/ ~R .~ 'e 5 ry Mvc-879f.jpg (640x480x16M jpeg) } ~~: ~; ;:_~ 1 ~ 1. i Mvc-882f.jpg (640x480x16M jpeg) _,.. ~/ ~./' ~~ _ ; Mvc-879f.jpg 640x480x16M jpeg Mvc-880f.jpg 640x480x16M jpeg Mvc-882f.jpg 640x480x16M jpeg Mvc-881f.jpg 640x980x16M jpeg BID REQUEST FORM ~` This form must be filled out and attached to the technical specifications supplied by the requesting department. Any missing information may delay the bidding process. The technical specification must be sent to the Purchasing Department in a data file in WordPerfect format. Project Name and Description St Lucie County Civic Center Main Entrance Door Requesting Department Central Services Project Manager or Contact Person Alan Andrews c ~_ Phone Number 462-1448 FAX 462-1444 - ~ ' - = r -~ _ ~ Date Submitted 3-7-00 J Requested Bid Opening Date 2 WEEKS ,_ ~ '-- (If the funding for this bid-was specifically approved in the budget allow two weeks for advertisement. If permisswn:fo advertise is required allow 3-4 weeks. Bids less than $500,000 require a minimum of 21 days from advertisement to opemngarRi bigls, jn excess of $500,000 require a minimum of 30 days.) " "; G1 _= Insurance and bond information. BONDS A. Yes _ No ~_ 5% Bid Security B. Yes No ~ 100% Maintenance Bond Years C. Yes _ No.~ 100% Public Construction Bond (this requirement may be waived by the County Administrator if the project is less than $200,000, attach memo confirming waiver) INSURANCE The following are standard limits for County projects. Any request to deviate from these limits must be submitted in writing to the Risk Manager. The submittal must contain a description of the project and reason for the deviation. A. Yes x No Worker's Compensation $1,000,000 by accident -each accident $1,000,000 by disease -each employee $1,000,000 by disease -policy limit B. Yes ~ No Commercial General Liability $1,000,000 per occurrence $3,000,000 per job aggregate 1 of 2 ~, C. Yes ~ No Comprehensive Auto Liability Combined Single Limit Bodily Injury/Property Damage { } $300,000 { } $1,000,000 { } $3,000,000 D. Yes No ~_ Builder's Risk(all risks for the total construction cost of the project) E. Yes _ No ~ Professional Liability $1,000,000 aggregate F. Yes No Other Pre-bid meeting Yes ~ No Best time and day of week Wed. - 10:30 a.m. Mandatory Yes_x No Place Civic Center Lobby Bid form information (unit pricing, break-out pricing, etc.) attach additional sheet if necessary See specifications attached Attachment A Approval Budget item request # N/A Board Approval Date July `99 Fund :316-1931-546200-150017 SPECIAL REQUESTS OR INSTRUCTIONS_ 2of2 ~"` AGENDA REQUh ITEM NO. C-8 DATE: March 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] T0: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel Director, Information Technology SUBMITTED BY(DEPT) InfOrmatlOri Technology svBJECT: Consider approval of Supplements to H.T.E. Software License and Services Agreement. BACxcROVND : The Police and EOC departments utilizing the new HTE computer system will require additional software licenses and services to produce specialized county reports. The additional software license and services are outlined on the attachment which has been reviewed and approved by Jim Lancaster, Assistant County Attorney. The attachment is now ready to go before the Board of County Commissioners for authorization. FUNDS AVAIL : Funds are available in the Information Technology budget allocated to the HTE project for this item. RECOMMENDATION: Staff recommends the Board approve the Supplement to H.T.E. Inc Software License and Services Agreement. COMMISSION ACTION: CONCURRENCE: i~~ [ X] APPROVED [ ] DENIED [ ] OTHER: Review and Approvals County Attorney: Management & Budget Originating Dept: Other: Other: Finance: (Check for Co21.7py only, if applicable) ~las Anderson ty Administrator Purchasing: Eff. 5/96 `r/ SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN H.T.E., INC. AND ST. LUCIE COUNTY, FLORIDA SCHEDULE A-PRICING AND PAYMENT SCHEDULE CONTRACT NO. STLC-9900895 This Supplement is to the H.T.E., Inc. Software License and Services Agreement (Agreement) dated August 10, 1999, between H.T.E., Inc. (HTE) and St. Lucie County, Florida (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect. Designated Machine Use of the Licensed Program(s) provided in this Supplement on platforms other than specified below, without written permission from HTE, may be subject to an upgrade charge. Type: Model: CPU Number: Licensed Programs No. Days of Training Training Fees CAD III (Geo-Based) -Additional Training 16 $ 20,480.00 CAD III Go Live Training ~ 2 *As noted below CAD III Additional Training 5 6,400.00 Total HTE Application Software Costs 23 $ 26,880.00 PAYMENT SCHEDULE** Total Contract Due As Incurred/ Delivered HTE Application Training Fees 23 days ~ $1280/day $ 26,880.00 $ 26,880.00 GRAND TOTALS $ 26,880.00 $ 26,880.00 PLEASE NOTE THAT TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLE, WILL BE ADDED TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER. **Pavments: THE .AMOUNTS NOTED ABODE SHALL BE PAYABLE AS FOLLOWS: HTE Training Fees: On invoice, as incurred. Travel and Living Expenses: Actual and reasonable travel and living expenses are in addition to the prices quoted above and will be invoiced as incurred. Application Training Listed above are the number of days of training for the Licensed Programs listed. Additional application training, if requested by the Customer, can be provided upon request at the standard billing rate in effect at that time, which at the time of this Supplement is One Thousand TN o Hundred Eighty Dollars ($1,280.00) per day. The fee quoted does not include travel and living expenses. *CAD III Go Live Training Total dollars for two (2) days CAD III Training is Two Thousand Five Hundred Sixty Dollars ($2,560.00). This amount will be invoiced against the remaining hours of training on the original Schedule A No. STLC-9900493, and is the result of combined agency training used on the original contract. Project Management The Customer has not chosen Project Management under this Supplement. If the Customer chooses Project Management, services will be invoiced as incuiTed. at the standard billing rate in effect at that time, which at the time of this Supplement is One Thousand Two Hundred Eizlr'~.~ Dn!iars (S 1,280.001 per day. The fee quoted dacs not include travel and living expenses. ~~loditications Modifications will be controlled by the HTE SCR form which will be prepared for the Customer by the HTE Product Manager responsible for that module. There will be a two hundred fifty dollar ($250.00) non-refundable processing fee for preparation H"fE Schedule A 1 STI_CA900895 ~, ,_ , , ,.,,,,~ 2/10/2000 of each SCR requested by the Customer. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with 50% payment, less the processing fee. The final 50% payment is due upon completion. Conversion Conversion, if provided for herein, or if requested by the Customer after contract execution, will be controlled by the HTE SCR form which will be prepared for the Customer by the HTE Conversion Team Manager. There will be a two hundred fifty dollar ($250.00) non-refundable processing fee for preparation of each SCR requested by the Customer. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with fifty percent (50%) payment, less the processing fee. The fmal fifty percent (50%) payment is due upon completion. Data must be given to HTE in an IBM compatible format on a specified magnetic media and must match data field definition. Input data file clean up shall be the responsibility of the customer. Additional conversion, if necessary, will be invoiced at the prevailing rate per hour. It is understood that no two systems and file structures are exactly alike and there may be a need for some manual conversion efforts to take place along with the electronic conversion. SCR form(s) for any conversion services included in this Agreement are attached for Customer signature and return to HTE. Cancellation Charges Customer acknowledges that HTE makes every effort to schedule training and project management sessions sufficiently in advance to make effective use of HTE's personnel and to obtain favorable prices for travel and living. Accordingly, the following cancellation charges apply to training or on-site project management sessions canceled at the request of Customer: cancellation within seven (7) days of start date, Customer pays fifty percent (50%) of the total price for the training or on-site project management; cancellation within three (3) days of start date, Customer is responsible for entire price of the training or on-site project management. In addition to the foregoing, Customer shall be obligated to reimburse HTE for any non- refundable expenses incurred by HTE for travel expenses. Notwithstanding the above, HTE will endeavor to reschedule HTE personnel in order to mitigate Customer's costs and expenses under this paragraph. To the extent HTE is successful in such rescheduling, Customer's payment obligations shall be reduced. Third Party Software and Hardware Unless otherwise stated, Customer shall enter into separate license and/or maintenance agreements with each individual third party hardware or third party software supplier for the equipment or software as may be provided herein. Vdarranty and maintenance offerings by HTE for its Licensed Program(s) do not apply to any third party hardware or third party software supplied under this Supplement. HTE does not make any warranties nor provide any source code for any non-HTE products unless otherwise provided herein. The return and refund policy of each individual third party Hardware or third party software supplier shall prevail unless otherwise provided herein. Preprinted Terms and Conditions Preprinted conditions and all other terms not included in this Supplement on any purchase order or other document submitted hereafter by Customer are of no force or effect, and the terms and conditions of this Supplement, the HTE Agreement, and the Hardware Purchase Agreement, if applicable, shall control unless expressly accepted by HTE in writing to the Customer. Non-Hiring Statement During the term of this Supplement and for a period of twenty-four (24) months after the termination of this Supplement, the Customer may not offer to hire or in any way employ or compensate any of the employees of HTE or persons who have been employed by HTE within the immediate past twenty-four (24) months without prior consent of HTE. The terms and conditions contained in this Supplement, including the prices. «ill be honored as set forth herein, provided this Supplement is fully executed by February 29, 2000. Customer warrants that the amounts to be paid hereunder will be paid out of appropriated funds and are not part of a financing arrangement with any third party. ST. LUCIE COUNTY, FLORIDA By: Name: Title HTL Schedule A Ver. I I /2/99 Date H.T.E., INC. i B~: ~ i , _~ Namr ~~ BRIAN~@„~-I~AF`(! 1 Title Date STLG990089~ Zi 10/?000 "\r/ SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN H.T.E., INC. AND ST. LUCIE COUNTY, FLORIDA SCHEDULE A-PRICING AND PAYMENT SCHEDULE CONTRACT NO. STLC-2000101 This Supplement is to the H.T.E., Inc. Software License and Services Agreement (Agreement) dated August 10, 1999, between H.T.E., Inc. (HTE) and St. Lucie County, Florida (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect. Designated Machine Use of the Licensed Program(s) provided in this Supplement permission from HTE, may be subject to an upgrade charge. Type: Model: on platforms other than specified below, without written CPU Number: Third Party Software License Fees No. Days of Training Training Fees Annual Support Impromptu Administrator - 1 $ 895.00 $ 150.00 Impromptu Enterprise - No. of users - 5 2,380.00 600.00 Impromptu Upgrade -CAD III & CRIMES 1,915.00 500.00 No. Sessions of Training Training at Orlando Headquarters - 4 students 4 $ 6,000.00 Total Third Party Software Costs $ 5,190.00 4 $ 6,000.00 $ 1,250.00 PAYMENT SCHEDULE** Total Contract Due Upon Contract Execution Due As Incurred/ Delivered Due As Noted Below* Third Party Software License Fees 5,190.00 $ 5,190.00 Third Party Training Fees 4 sessions @$1500/ea 6,000.00 6,000.00 Third Party Support Fees 1,250.00 1,250.00 GRAND TOTALS $ 12,440.00 $ 5,190.00 $. 6,000.00 $ 1,250.00 PLEASE NOTE THAT TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLE, WILL BE ADDED TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER. *Payments: THE AMOUNTS NOTED ABOVE SHALL BE PAYABLE AS FOLLOWS: Third Party License Fees: Upon contract execution. Third Party Training Fees: On invoice, as incurred. Third Party Support Fees: Prior to the commencement of the initial term of support. Support fees for subsequent terms of support will be due prior to the start of that term at the then prevailing rate. Rates for subsequent years of support service are subject to change. Travel and Living Expenses: Actual and reasonable travel and living e.Ypenses are in addition to the prices quoted above and hill bc~ invoiced :r> ;~~curred. HTE Schedule A STLC-2000101-Schedule A.doc Ver. 11/2/99 - I - 3/C/2000 "fir/ ~ Third Party Support Services The initial term of Third Party application support services shall commence one hundred twenty (120) days after delivery of the Licensed Program(s), and extend for a twelve (12) month term. Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the initial support period. Impromptu Application Training Impromptu training consists of two (2) four (4) day-session, which days must be attended consecutively, and is currently priced at $1,500 per session per attendee. The training takes place at the HTE Lake Mary, FL, facility. Customer is responsible for all its attendees' costs of travel to and from Lake Mary. Project Management The Customer has not chosen Project Management under this Supplement. If the Customer chooses Project Management, services will be invoiced as incurred, at the standard billing rate in effect at that time, which at the time of this Supplement is One Thousand Two Hundred Eighty Dollars ($1,280.00) per day. The fee quoted does not include travel and living expenses. Modifications Modifications will be controlled by the HTE SCR form which will be prepared for the Customer by the HTE Product Manager responsible for that module. There will be a two hundred fifty dollar ($250.00) non-refundable processing fee for preparation of each SCR requested by the Customer. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with 50% payment, less the processing fee. The fma150% payment is due upon completion. Conversion Conversion, if provided for herein, or if requested by the Customer after contract execution, will be controlled by the HTE SCR form which will be prepared for the Customer by the HTE Conversion Team Manager. There will be a two hundred fifty dollar ($250.00) non-refundable processing fee for preparation of each SCR requested by the Customer. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with fifty percent (50%) payment, less the processing fee. The final fifty percent (50%) payment is due upon completion. Data must be given to HTE in an IBM compatible format on a specified magnetic media and must match data field defmition. Input data file clean up shall be the responsibility of the customer. Additional conversion, if necessary, will be invoiced at the prevailing rate per hour. It is understood that no two systems and file structures are exactly alike and there may be a need for some manual conversion efforts to take place along with the electronic conversion. SCR form(s) for any conversion services included in this Agreement are attached for Customer signature and return to HTE. Cancellation Charges Customer acknowledges that HTE makes every effort to schedule training and project management sessions sufficiently in advance to make effective use of HTE's personnel and to obtain favorable prices for travel and living. Accordingly, the following cancellation charges apply to training or on-site project management sessions canceled at the request of Customer: cancellation within seven (7) days of start date, Customer pays fifty percent (50%) of the total price for the training or on-site project management; cancellation within three (3) days of start date, Customer is responsible for entire price of the training or on-site project management. In addition to the foregoing, Customer shall be obligated to reimburse HTE for any non- refundable expenses incurred by HTE for travel expenses. Notwithstanding the above, HTE will endeavor to reschedule HTE personnel in order to mitigate Customer's costs and expenses under this paragraph. To the extent HTE is successful in such rescheduling, Customer's payment obligations shall be reduced. Third Party Software and Hardware Unless otherwise stated, Customer shall enter into separate license and/or maintenance agreements with each individual third party hardware or third party software supplier for the equipment or software as may be provided herein. Warranty and maintenance offerings by HTE for its Licensed Program(s) do not apply to any third party hardware or third party software supplied under this Supplement. HTE does not make any warranties nor provide any source code for any non-HTE products unless otherwise provided herein. The return and refund policy of each individual third party Hardware or third party software supplier shall prevail unless otherwise provided herein. Preprinted Terms and Conditions Preprinted conditions and all other terms not included in this Supplement on any purchase order or other document submitted hereafter by Customer are of no force or effect, and the terms and conditions of this Supplement, the HTE Agreement, and the Hardware Purchase Agreement, if applicable, shall control unless expressly accepted by HTE in writing to the Customer. HTE Schedule A STLC-2000101-Schedule .A.doc Ver. 11/2/99 - 2 - 3/6/2000 Non-Hiring Statement During the term of this Supplement and for a period of twenty-four (24) months after the termination of this Supplement, the Customer may not offer to hire or in any way employ or compensate any of the employees of HTE or persons who have been employed by HTE within the immediate past twenty-four (24) months without prior consent of HTE. The terms and conditions contained in this Supplement, including the prices, will be honored as set forth herein, provided this Supplement is fully ezecuted by March 15, 2000. Customer warrants that the amounts to be paid hereunder will be paid out of appropriated funds and are not part of a financing arrangement with any third party. ST. LUCIE COUNTY, FLORIDA Authorized Signature Print Name & Title Date H.T.E., INC. Autho ' Signatu BRIAN B. ice President, H.T.E., Print Name & Tit r ~ V ~ .~ !> O J Date HTL- Schedule A ST(.C-2000101-Schedule A.doc Ver. 11/2/99 - 3 - 3/6/2000 ~r AGENDA REQUEST ''~TEM NO. C 9A REGULAR(] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Coun Attorney Donald CT. Cole Property Acquisition Manager SUB.IECT: Environmentally Significant Land Program Indrio North Savannas Project FCT#95-052-P56 DoCouto -Parcel 69 BACKGROUND: Please see attached background memorandum. FUNDS AVAiL.ABL.E: Funds will be made available in account #382-3915-561000-310035 P FVIOUS ACTION: August 1, 1995 -Received Board of County Commission authorization to submit Grant Application to Florida Communities Trust (FCT) for the purchase of Indrio North Savannas Project. March 26, 1996 -Received Board of County Commission approval of the Conceptual Approval Agreement with Florida Communities Trust to purchase the Indrio North Savannas Project. RF,COMMENDATION: Staff recommends that the Board approve the Option Agreement for Parcel 69 highlighted in purple on the attached map, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the document in the Public Records of St. Lucie County, Florida. [x] APPROVED [ ]DENIED [ ]OTHER: M. Anderson Administrator [X]County Attorney: ~~~ [XlOriginating Dept: ~~- [X]Management & [X]Finance:(check for copy only, if applicable) /`N" [] P u r c h a s i n _ [X]Comm.Develop: Effective 5/96 'ern' `/ PROPERTY ACQUISITION DIVISION CC: County Administrator County Attorney Community Development Director Leisure Services Director Finance Director Management & Budget Manager TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: March 14, 2000 SUBJECT: Environmentally Significant Land Program Indrio North Savannas Project FCT#95-052-P56 DoCouto - Parce169 On March 26, 1996 the Board of Coun Commissioners approved the Conceptual Approval agreement with Florida Communities Trust ~CT) for the purchase of 228 pro erties within the Indrio North Savannas ProJ'ect. The Board authonzed the use of $600,000 of the County Environmentally Significant Land (ESL) funds to match a 50% grant from FCT. On the attached map of the project, the parcel that is the subject of this request is highlighted in purple. This parcel was negotiated at the Maximum Approved Value. The Option Agreement for this subject parcel is available for your review in the Property Acquisitions Office. Staff recommends that the Board approve the Option Agreement for Parcel 69 highlighted in purple on the attached map, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the document in the Public Records of St. Lucie County, Florida. Res ectfully s/u/bmitte/d/:/'~j Donald (J. o e Property Acquisition Manager `~ 227 165 I 162 10~ t00 38 3 .226 166 t61 104 ~ 99 39 _ I~. 160 705 ~ 98 40 ~~ ~ 225 -167 , 41 >1 224 168 j 159 106 97 ~ ~C 223 169 ~ 158 '107 i 96 42 ?~~ 222 170 ? 157 108 95 43 ~ 221 771_, 756 109 j q 44 m t 10 ~ 9 3 4 J ''and Arne 220 172 i 155 (~) ~ 46 219 173 ~I 1 4 i11 ~ 92 j 91 47 218 174 , 153 112 i~ _~''. 217 t75 j 152 113 ~ 90 48 ~ ~~ f 216 176 I 151 114 89 49 215 177 I 150 115 88 50 i ~ ~ 149 7 16 ,` g7 51 , 214 178 ~1 213 179 ; `_148 117 $6 52 __ __ __' 212 180 ' t47 118 85 53~ ~~ ',j 211 t81 i 119 84 54 35 ~ ~, r 210 182 ! 145 120 83 55 34 ~ _ i 82 ~ 33 209 183 '~ 144 121 56 ~ 122 ~ 81 57 32 208 784 ' 143 ~-~ 207 185 I 123 80 58 i 31 - I 30 ~~ ~, 206 186 i 742 124 ~ 79 59 29 ~- 205 _187_J 141 t25 78 60 . 77 61 ~ 28 204 188 °1 d' 126 j 127 76 62 27 ~ 203 189 739 i -~ 64 j 26 ' 202 190; 138 128 75 63 25 i 201 191 137 129 74 65 ~ ~ 2q { 200 192193 136 130 73 66 - 23 199 194 I, 135 131 ~ 72 67 ? 2 7t 70 6 68I 22 21 2 798 97196 95 34 33 Indrio North Savannas FCT #95-052-P56 Legend I® I I Prof ~~~ Closed Transaction -County Owned Options Approved - Closing Pending StiA Negotiatlng ^ Executed Option Agreemerr; 9 ~° / ~%f4~ ~ I `~ -1-= - - - - P 4 L__---- G N ti~ \ I' 14 SL LtdC1e CaxNy % 15 aj~ ,~pg st. LerAe CaaaY 1 16 ,i .. { 17 y 18 2 `t 19 app ROAD Community Development Geographic Information Systems ~ try ', zooo N nae ~ tr. e..n «.mrd a* o~tvw+a ~ etnaoa A.oo- aM• YMte e.ary aba ti ben made b P~ M not anti and aaaata Mmallm Veee6M~ ~ Y ~ Mended kr ~ b a YYrY tYdO dooaowL AGENDA REQUEST ITEM NO. C-9B DATE: March 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners SUBMITTED BY(DEPT): County Attorney PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: YMCA of St. Lucie County, Inc. -Contract for Dragging Baseball Fields BACKGROUND: See attached memorandum CA 00-338 FUNDS AVAILABLE: N/A PREVIOUS BOARD ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed contract with the YMCA of St. Lucie County, Inc., and authorize the chairman to sign the contract upon receipt of the signed originals from the YMCA. COMMISS'~ON ACTION: [x] APPROVED [ ]DENIED [ ]OTHER: ,- County Attorney: ~ ~~ Originating Dept. Finance: (Check for Copy only, if applicable): Anderso Administrator Review and Approvals Management & Budget: ' Purchasing: Other: Other: QOARD OF COUNTY COMMISSIONERS MEMORANDUM LEISURE ss, ~ VICES ~`,~'. ~~'~~~ Micho Se' eeds ~~; ~ ~ 3 Director To: Dan McIntyre, County Attorney From: Linda Brown, Assistant to the Director Date: February 28, 2000 Subject: YMCA Interlocal Agreement Per Mr. Anderson's instructions, Mr. Leeds is requesting that an Interlocal Agreement between the BOCC and the YMCA for field preparation be drafted and placed on the agenda for March 14"`. - The following are the provisions which have been agreed upon by both parties and will need to be included in the agreement: 1. Scope of service-dragging of the YMCA base ball fields. 2. Leisure Services agrees to drag the fields twice a week. 3. The fee for this service will be $30.00 per week (We are estimating that it will take approximately 2hrs per week at a cost of $15.00 per hour). 4. Attached is a ball schedule from the YMCA which will help the Parks Division determine when its services would be needed. However, as indicated above, service will be provided only 2 times a week not Monday through Thursday. 5. The term of this agreement will be from the week of March 20 through the week of May 29th. ~ ~~,,,I Thank you in advance for your help. ~~ '~ cc: Mike Leeds, Leisure Services Director ;-- ;~,.,urL l \\ ~ ~ ~ l~`~ JOHN D. DRUHN, Disrricr No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, Disrricr No. ~ FRANNIE HUTCHINSON, Disrricr No. 4 CLIFF DARN6$. District N,®~~5 County Adminisrroror - Douglas M. Anderson \\ ~~ 2300 Virginia Avenue Phone (561) 462-1515 TDD (561) 462-1428 Moil: P.O. Dox 760, Forr Pierce, FL 34954-0760 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-338 DATE: March 8, 2000 SUBJECT: YMCA of St. Lucie County, Inc. -Contract for Dragging Baseball Fields BACKGROUND: Attached to this memorandum is a copy of a proposed contract between the County and YMCA of St. Lucie County, Inc. regarding maintenance of the YMCA baseball fields. In recognition of the recreational opportunities these facilities provide to County children, the Parks Division will assume responsibility for dragging these fields twice a week beginning March 20, 2000 through and including June 2, 2000. The YMCA will pay the County a total of three hundred thirty and 00/100 dollars ($330.00) for these services based upon a rate of thirty ($30.00) per week. The contract also provides for County use of the fields when they are not being used for YMCA programs. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed contract with the YMCA of St. Lucie County, Inc., and authorize the chairman to sign the contract upon receipt of the signed originals from the YMCA. Attachment HY/ Copies to: County Administrator Leisure Services Director Finance Director Management and Budget Manager Deputy Clerk Respectfully submitted, ~~.~. 5~ Heather Young Assistant County Attorney CONTRACT THIS CONTRACT, made this day of 2000, between ST. LUCIE COUNTY, a political subdivision of the state of Florida, hereinafter called the "County", and YMCA OF ST. LUCIE COUNTY, INC., or his, its or their successors, executors, administrators, and assigns hereinafter called the "YMCA" and whose address is 903 South 215` Street, Fort Pierce, Florida 34950. WITNESSETH: 1. DESCRIPTION OF WORK It is agreed that the work to be done under this Contract is as follows: The County shall drag the YMCA baseball fields twice a week during the term of the Contract. All work shall be completed prior to 2:00 p.m. in order for the fields to be available for afternoon games. 2. PROJECT MANAGER The Project Manager for the County is Peter Keogh at (561) 462-1518. The Project Manager for the YMCA is at ( ) 3. TERM The term of this Contract shall begin on March 20, 2000 and shall continue through and including June 2, 2000. 4. CONTRACT PAYMENT .., The YMCA shall pay the County for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions of this Contract, the total amount of three hundred thirty and 00/100 dollars ($330.00), based upon a rate of thirty and 00/100 dollars ($30.00) per week. The County shall submit an invoice to the YMCA on a monthly basis for services rendered during the previous month. 5. COUNTY USE OF FIELDS The County shall be permitted to use the fields for County programs when not in use by the YMCA. The YMCA shall provide the County with a schedule indicating availability of the fields. The County shall provide the YMCA with notice prior to use of the fields. -1- 6. DEFAULT; TERMINATION Either party may terminate the Contract without cause at any time upon ten (10) calendar days prior written notice to the other party. In the event of termination, the YMCA shall compensate the County for all work performed through the termination date. 7. ATTORNEYS' FEES AND CO T In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, the prevailing parry shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be broughtor not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 8. MEDIATION In the event of a dispute between the parties in connection with this Contract, 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. 9. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof .and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authsrized, 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 shallbe governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. [Remainder of page intentionally left blank.] -2- IN WITNESS WHEREOF, the County has hereunto subscribed and the YMCA have signed his, its, or their name, or names the date aforesaid. - ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: YMCA OF ST. LUCIE COUNTY, INC. BY: SECRETARY PRESIDENT (SEAL) g: \atty\agreemnt\contract\YMCA. maint. wpd -3- sB-::3-2000 03 ~ 53 PM YMCA 15614650944 P,OI N~I~XSSY~~I 1'M<~n orSY'. ~.ucte c:ovrnY 9oa s. x ~ :~ s, Ft, P~Cncr., 11 :lAp$c} <;,G 1 i .~~gOJ:fp f~: <SGII A6505Ia.1 )E:az ti: ,,G~ ~Q I~ ro u~ : y'..~ ~. Sutljrct: COMMFT~ 1~:; ~. •. ~..r c. ~ Q~ecl _--- . -_- .. -.tom: ~~~~ ._ -~ v~ .+.+ i ii i uvCl "~ 1 ~:4G:.Uy44 ~'~ UZ T YMCA Baseball Field Maintenance Schedule Monday through Thursday Before 2pm Starting the week of March 20 through the Week of May 291° Contact: Daai or Jerry AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport ITEM NO. O -A DATE: 2-14-2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: Paul Phillips SUBJECT: Approve the contract with RCD Construction in the amount of $63,800 for the Phoenix Metal Products building at the Airport Industrial Pazk. BACKGROUND: On January 26, 2000, RFP's were opened for the design build building for Phoenix Metal Products at the Airport Industrial Park. On February 22, 2000, the Boazd authorized staff to enter into a contract with RCD Construction for the project, and authorized a $4,300.00 increase in the approved budget from $59,500 to $63,800. FUNDS AVAILABLE IN ACCT#: Funds are available in Airport building account. (140-4210- 562000-4610 & 140-4210-562005-4610) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Boazd of County Commissioners approve the contract with RCD Construction in the amount of $63,800 for the Phoenix Metal Products building at the Airport Industrial Park and authorize the Chairman to °~^^ *~° ^^"+'''^* COMMISSION ACTION: ]APPROVED [ ]DENIED [ ]OTHER: Reviews & Annrovals County Attorney: , n % ~ OMB Purchasing Originating Dept: ' . Other: Other: Finance:(Check for opy only, if applicable) ''`r AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C-5 DATE: February22, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING ~ CHARLES BICHT SUBJECT: Award of RFP #00-006 DesigNBuild Services for the Airport. BACKGROUND: On January 26, 2000 RFP's were opened for the DesigNBuild for the Phoenix Metal Products building at the Airport Industrial Park. One hundred and eight-eight vendors were notified, twenty-six bid documents were distributed and three responses were received. A committee evaluated the three firms that responded~to th~,RFP with the ranking of'1 as the best. The two top firms which were RCD Constriact~n a_rid AWM Construction tied in the ranking. Therefore, based solely on the' priceadv~tage _ offered by RCD Construction, the committee recommends award to RCD C~nst~uction. r~• •.•. - FUNDS AVAIL.: 140-4210-562000-4610 & 140-4210-562005-4610 ~~- ?' w -_ PREVIOUS ACTION: ._,~~ a `. N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners enter into contract with RCD Construction for Design/Build Services for the Phoenix Metal Products building in the amount of $63,800.00. Also authorize a $4,300.00 increase in the approved budget from $59,500.00 to $63,800.00 taking additional funds from Airport reserves. COMMISSION ACTION: CONCURRENCE: (~ ] APPROVED [ ]DENIED [ ]OTHER: County Administrator County Attomey(x): ;f~ _ Originating Dept: Finance: (Check for Copy only, if Applicable) Coordination Si atures Mgt. & Budget(x): Other. Purchasing Mgr.(x): Other. Eff. 5196 '~r-' CONTRACT THIS CONTRACT, made this day of 2000, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "COUNTY", and R.C.D. COMMERCIAL CONSTRUCTION CORP., or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WITNESSETH: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the proposal and the accompanying plans, specifications, addenda if any, and drawings, and they are as fully a part of the Contract as if hereto attached or herein repeated, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the work to be done under this Contract. 2. DESCRIPTION OF WORK It is agreed that the work to be done under this Contract is to provided design build services for the construction of an addition to the Phoenix Metal Products building at the St. Lucie County Airport Industrial Park in accordance with RFP No. 00-006 (10 pages), and the Contractor's Proposal (Scope of Work and Compensation sections, two pages) all attached hereto and collectively made a part hereof as Attachment "A". An conflicts between the terms and conditions of this Contract and Attachment "A" shall be interpreted in favor of this Contract. -1- ~i 3. PROJECT MANAC-ER The Project Manager for the County is Paul Phillips at (561) 462-1732. The Project Manager for the Contractor is Herbert R. Seal at (561) 337-2493. The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. 4. TIME OF PERFORMANCF,,/DELA%S Alti^J EXTENSIONS OF TIME The Contractor shall begin work within seven calendar days after the signing, execution and delivery of written notice to proceed, and shall guarantee completion of the Contract on or before 90 calendar days from the date of notice to proceed. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Contract. In the event the construction schedule as set forth in the Contract documents is changed, the Contractor shall notify the County, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the County in writing. In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the County shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the County authorizes such payment in writing. -2- ~r+' As the Contractor's only remedy for delay, the County may grant an extension of the contract time, when a controlling item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the County. Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall be done by Change Order. The County shall pay the Contractor for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions of this Contract, subject to adjustment by change order, the total estimated amount in current funds being: sixty three thousand eight hundred and no/100 dollars ($63,800.00). 6. PAYMENT SCHEDULE The County shall make payments on account of the Contract as follows: Upon the satisfactory completion of the contract and the delivery by the Contractor to County of satisfactory releases of liens and claims if applicable, the County shall pay the entire amount found to be due to the Contractor, not later than forty five (45) days after completion of the contract and the delivery of said releases of liens and claims. 7 . gIIpI~ 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 -3- ~/ ti.,/ to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 8. 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 County in conjunction with this Contract. 9 , C±TTARATiTF.F. The Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defects in workmanship or material appearing in the work within one year after the day of the certificate for final performance of the work for the service intended. Contractor further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment by the County shall relieve the Contractor from his or its obligations to do and complete the work in accordance with this contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective materials or labor, an equitable deduction from the contract price shall be made therefore or in the alternative, the County may sue for damages. This guarantee is in addition to any other warranty available to the County for the Work including but not limited to manufacturers warranties. 10. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole -4- responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, or because of the nature of the ground in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. The Contractor shall protect the entire Work, all materials under the Contract and the County's property (including machinery and equipment) in, or on, or adjacent to the site of the Work until final completion and Work, from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property (including without limitation) in the term persons, members of the public, the County and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said Work is being performed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities and building codes. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors -5- 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. 11. Contractor agrees to pay of behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non- performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. In conformance with Section 725.06 Florida Statutes, the specific -6- ~/' ~ consideration given for the promises of the Contractor set forth with regard to this indemnification and hold harmless clause is $10.00 in hand paid by the County to the Contractor as a portion of the contract price, receipt thereof is hereby acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the County under the requirement of Section 725.06 Florida Statutes. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Agreement for a period of ten (10) years after the date of the acceptance of the Work by the COUNTY. 12. INSPECTION The project will be inspected County and will be rejected if it Contract provisions. Rejected wor by the Contractor. When the work Contractor shall notify the County be ready for final inspection on (3) calendar days thereafter, which by the Project Manager for the is not in conformity with the k will be immediately corrected is substantially completed, the in writing that the work shall a definite date, at least three shall be stated in such notice. 13 , TN~TTRANC`F. A. 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 Workmen's Compensation law for all employees of the Contractor and all subcontractors. The Worker's Compensation insurance policy required by the Contract shall also include Employer's liability. B. GENERAL LIABILITY The Contractor shall maintain during the lifetime of this Contract Comprehensive General Liability Insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of bodily injuries and property damage 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. -7- C. CERTIFICATE OF INSURANCE Certificates to all insurance required from the Contractor shall be filed with the County at least seven (7) calendar days prior to the commencement of work and shall be subject to the County's approval for adequacy. 14. 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 in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the 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 make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. If such expense of finishing the work shall exceed such unpaid balance the Contractor shall pay the difference to the County. The expense -8- incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. B. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Contractor for all authorized work performed through the termination date. 15. 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. lg , VF.R'rFT[•A'T'TON 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. 17. FT•ORTDA PRODUCED LUMBER Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, (1999) where pertinent. 18. ASBES'T'OS-FREE MATERIALS Contractor shall not use any asbestos or asbestos-based fiber materials in the work performed under this Contract. 19 , AGSTI_'NMFNT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any -9- ~~./ ~' other persons or firm without first obtaining County's written approval. 20. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Contractor and its surety or sureties, if any, for such fees and costs is joint and several. 21. NOTICES 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 County: St. Lucie County Administrator 2300 Virginia Ave. Administration Annex Fort Pierce, FL 34982 If to Contractor: R.C.D. Commercial Construction Corp. P.O. Box 7385 Port St. Lucie, FL 34985-7385 22. NON-WAIVER With copies to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, FL 34982 The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any -10- ~ir^r ~rI` rights given hereunder shall not operate to forfeit any of the said rights. 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. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 24. MEDIATION In the event of a dispute between the parties in connection with this Contract, 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 -11- admissible as evidence in any subsequent proceeding concerning the disputed issue. 25. DISPUTE RESOLUTION Any disputes relating to a question of fact arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its representative. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County or its representatives who shall reduce the decision to writing. 26. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. (THE NEXT PAGE IS THE SIGNATURE PAGE) -12- IN WITNESS WHEREOF, the parties have executed or have caused this Agreement to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN CLERK WITNESSES (2): G:\ATTY\jwl\Agree\RCD-2000.wpd APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY R.C.D. COMMERCIAL CONSTRUCTION CORP. BY: Print Name Title: -13- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REQUEST FOR PROPOSAL Sealed Proposals will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, until 3:00 P.M. local time on Wednesday, January 26, 2000, for the following: RFP#00-006 Design/Build Services Airport Department Bid Documents can be obtained from Information On Demand by contacting them at (407) 975-0023 or visit the St. Lucie County Purchasing Web Site at www.stlucieco.gov. RFP's may be either mailed or hand delivered to the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982. The Board of County Commissioners reserves the right to waive any informalities or minor irregularities; reject any and all proposals which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any proposal in whole or in part with or without cause; and accept the proposal which best serves the County. For Bids, RFP's, Bid Results and other information visit the St. Lucie County Purchasing Web Site at "http://www.stlucieco.gov". St. Lucie County is an Equal Opportunity/Afi'irmative Action Employer. Board of County Commissioners St. Lucie County, Florida By: Charles Bicht, Purchasing Manager PUBLISH: December 24, 1999 BILL & PROOF: Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 EXHIBIT ~~ ~l REQUEST FOR PROPOSALS 00-006 St. Lucie County Airport Design/Build Services Contract Board of County Commissioners S~ Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982 Table of Contents Part I General Information r/ 1-1 Definitions 1.2 Invitation to Propose; Purpose 1-3 Issuing Office 1-4 Awazds 1-5 Development costs 1-6 Inquiries 1.7 Site Visitations 1 _g Timetables 1-9 Delays 1-10 Proposal Submission and Withdrawal 1-11 Rejection of Irregular Proposals 1-12 Addenda 1-13 Equal Opportunity 1-14 Oral Presentation 1-15 Insurance 1-16 Lobbyist Disclosure 1-17 Feasibility Studies Part II Statement of Work 2-1 Scope of Work Part III Instructions for Preparing Proposals 3-1 Rules for Proposals 3.2 Proposal Format Part N Evaluation of Proposals 4-1 Evaluation Method and Criteria GENERAL INFORMATION PARTI 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 to provide Design/Build services for an addition to a county facility. 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 Boazd anticipates entering into a contract with the Proposer who submits the proposal judged by the Boazd to be most advantageous. The Boazd 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 Boazd and the successful Proposer. A standard St. 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 maybe 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. 1-5 DEVELOPMENT COSTS Neither the Boazd nor its representatives shall be liable for any expenses incurred in -1- `~, ,~+ connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1-6 INQUIRIES 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 aze issued, the County will 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 VISITATIONS Any Proposer desiring to visit site locations should contact Paul Phillips at (561) 462- 1732 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 December 24, 1999, the Boazd issues the RFP. B. From December 27, 1999, to January 17, 2000, the County will receive and answer inquiries received by mail. C. The County must receive the proposals by 3:00 PM on January 26, 2000. D. From opening time, the Boazd and County staff will review and evaluate the proposals on a timely basis. -2- 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: St. 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: "RFP #00- 006 Design/ Build Services". 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 JANUARY 26, 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 maybe 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 be subject to public disclosure in accordance with Chapter 119, Florida Statutes. 1-11 IRREGULARITIES: REJECTION OF PROPOSALS Proposals not meeting stated minimum terms and qualifications maybe rejected by the County as non-responsive or irregulaz. However, the County reserves the right to waive any irregularities, technicalities or informalities in any proposal. The County reserves the right to reject the Proposal of any Proposer in arrears or in default upon any debt or contract to the Board -3- '+~./ ~,/ 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 DUAL 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 awazded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County. 1-16 LOBBYIST DISCLOSURE REQUIREMENT Pursuant to Article IV of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section 1-2-62 is required to make full disclosure with the Clerk of the Boazd prior or concurrently with the submission of a proposal to the Boazd for the performance of any services for the Boazd. Such 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 -4- err' 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 forms provided by the Board and such records shall be open to the public. 1-17 FEASIBILITY 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 Boazd of County Commissioners (the "Board") may determine to waive this policy by majority vote if the Board determines that there is a compelling reason to waive the policy. STATEMENT OF WORK PART II 2-1 SCOPE OF WORK The Design and Construction of a 24' x 40' pre-engineered metal building office addition to an existing building located at 3000 Industrial Avenue, #3, Fort Pierce, Florida which includes following minimum requirements: A. General responsibilities of the DESIGN/BUILD TEAM 1. All Architectural, structural, foundation, mechanical and electrical engineering plans and calculations necessary to permit and construct, including properly certified pre-engineered metal building drawings and calculations required for issuance of a building permit. 2. Civil engineering for site grading and drainage at areas not disturbed or affected by this construction is not included. 4. All permits and fees, including impact fees, necessary for the project. 5. Temporary water and power to be furnished by the owner. 6. All cleanup and trash removal with the site maintained neat and orderly throughout construction period. 7. Portable toilet on site for the duration of the project. 8. All freight and tax that may be required. 9. Building layout. B. Site Work Grading, paving, drainage and sod in areas disturbed by this construction. -5- 'fin' ~I' C. Minimum Building Requirements 1. Monolithic slab /perimeter footing with individual foundations. 2. Structural frame shall provide a clear span interior. 3. Exterior metal system shall comply with all local codes. The building system (skin and structure) shall have been in use in Florida for five (5) years for comparable uses. 4. Provide a covered entry system with broom finished slab. 5. Exterior walls and metal work shall be painted to match the structure to which it is being added. 6. Two double wide and two singlewide awning type window sets. 7. One 36" fire rated door into adjoining shop azea. 8. One 36" glass entrance doors. 9. Fiberglass insulation in all exterior walls and roof areas. 10. Interior partitions to be constructed of dry wall on metal stud. Walls adjacent to shop azea shall be fire rated. 11. All ceilings suspended system with 2' x 2' acoustical panels with 6" fiberglass batt insulation above to provide a 9'- 0" ceiling height. 12. Vinyl file flooring and commercial grade cazpeting in office as shown on plan. Colors patterns and textures to be selected by Owner. 13. Painted drywall interior walls and trim to be painted with colors selected by Owner. No more than two colors shall be required. 14. Interior doors per plan with hazdwaze selected by owner. 15. Exterior wall panel painted same color as existing building. 16. Provide an air conditioning system adequate for the additional space only. 17. Electrical and lighting as shown on the plan with switch layout selected by owner. 18. Telephone system to be provided by owner and coordinated by builder. 2-2 PERFORMANCE SCHEDULE The Design/Build Team should anticipate the following performance schedule when submitting a proposal: March 2000 -Sign Contract 2-2 FLOOR PLAN See attached. INSTRUCTIONS FOR PREPARING PROPOSALS PART III 3-1 RULES FOR PROPOSALS -6- The proposal must 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 Qualifications This section of the proposal must describe the Proposer, including the size, range of activities, etc. Each Proposer 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 shall be included. 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 EVALUATION 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. Awards, 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: 1. verification of availability of equipment 2. verification of availability of qualified personnel 3. past performance records 4. ability to meet set standards 5. qualifications of Proposer 6. expertise of human resources 7. technical soundness of proposal 8. time frames 9. past contracts with the County and other governmental jurisdictions 10. related experience in St. Lucie County 11. references 12. financial resources and capabilities 13. cost 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 Boazd 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 Boazd 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 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 Boazd may request oral presentation from the Proposers when establishing the priority list. If three or fewer proposals aze received, all Proposers shall be included in the selection process as described below. -8- 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 Boazd 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 continue negotiations until an agreement is reached or if no agreement can be reached the Boazd 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- fir' 24~-0" 6'-p" 12'-0" 6'-0" 0 I tp OVERHANG AT ENTRANCE 0 i 48"x48" CONC, SLAB ~ 4" I STEP I 0 I I 0 v I I X36"x68" GGC55• - - o DOOR I 0 is 12'-0" o OFFICE ~ CARPET 36"x68" ` INTERIOR : BOOR/ N 11 ~-8" OFFICE CARPET 36"x68" INTERIOR ODOR i 4'-6" OFFICE ` ~ ~~` 'VINYL TILE ~~ I 36"z68" 12~- " INTERIOR 4 36"x68" 1 \0 4~-O" INTERIOR DOOR ~t ~ ~ 1 p~ p" ~Y ~ x 13, t o" ~ " i ' ENGINEE CONFERENCE "' OFFIC ROOM CARPET CARPET ' A/C UNNIT FLO 0 R PLAN SCALE: 1 /p" = 1 ~-p" NOR1H SCALE 1/8~a1' LEGEND DUPLEX OUTLET a LIGHTING ~3 WALL SWITCH ~3 3 WAY SWITCH N NENT IS TO FURNISH PHONE SYSTEM, EXISTING M TAL UIIDING PROVIDE OPENING IN EXISTING WALL FOR NEW 36"x68" INTERIOR DOOR PREENGINEERED METAL BLDG. AT 3000 INDUSTRIAL AVE #3 fl A TC. ~ ~ /o /An CuCCr yin t Inc ~ i1/ SCOPE OF WORK R.C.D. Commercial Construction Corp. will supply all necessary permits, insurances, labor, taxes, materials, and supervision to complete a 960 square foot metal building located at 3fl00 Industrial Avenue #3, Fort Pierce, FL 34946. This building will have a 4" concrete floor with footers designed to maintain a metal building to 110 MPH winds. The new metal wallswill be~painted~to match existingmetalwalis. The~nrteriat-wiii~coirtam threes offices, o-ne Engineer's office and one conference office. All uralls quill be ~iryuvalland painted. Wood doors and base will be painted. HVAC will be a 2.5-ton unit to supply only the new addition. Electrical will be supplied from existing power supply with fixture outlet per floor plans. There will be no new plumbing. The structure will be a Florida Pre-F"ab building witli a roofline of i 4-' to 1 Z' in height `Windows on existing building may be covered. There will be one store front door with four windows on the exterior. '1~-' COMPENSATION The total compensation of the proposed RFP #00-006 Design-Build will be: $63,804.04 Sixt}c Three Thousand Eight Hundred Dollars and No Cents R.C.D. Commercial Construction Corp. Russell Seal, ~+ ADDITIONAL DATA 254 Architect-Engineer and Related Services Questionaire for Paul Welch, Inc. List of Significant CommerciaUOffice Commissions for P-ete~ Blade CaQk,. Architect Principal AGENDA REQUEST ITEM NO.~D p DATE: 3-14-00 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul Phillips SUBJECT: Accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) and authorize the Chairman to execute the JPA for the installation of pilot controlled lighting for runway 14/32 at St. Lucie County International Airport. This JPA provides for $18,800 of the $23,500 necessary to install the pilot controlled lighting. This is a 80% matching fund JPA with the Florida Department of Transportation. BACKGROUND: This project consists of the installation of pilot controlled lighting for runway 14/32 at St. Lucie County International Airport. Currently, the runway lights aze left on during the evening hours on the Airport's primary runway 9/27. The runway lights on the crosswind runway 14/32 aze turned off. However, if sometime during the evening, the winds were to increase in intensity and the primary runway is no longer safe for landing, then an aircraft would have to either land under unsafe conditions on the primary runway or fly to an airport with a lighted crosswind runway. This project provides for the installation of pilot controlled lighting on the Airport's crosswind runway. This will provide an additional measure of safety for pilots that need to land at the Airport when conditions change. FUNDS AVAILABLE 1N ACCT#: Matching funds of $4,700 aze available in Airport Improvements other than building account. (140309-4210-563000-400) Grant funds will be available in FDOT - Transportation (140308-4210-334411-400). PREVIOUS ACTION: none RECOMMENDATION: Staff recommends that the Boazd of County Commissioners approve the Joint Participation Agreement (JPA) between the Florida Department of Transportation (FDOT) and authorize the Chairman to execute the JPA, Resolution No. 00-060 authorizing the Board to accept the grant from FDOT, and Budget Resolution No. 00-061 authorizing the Board to appropriate and expend the grant funds. COMMISSION ACTION: ]APPROVED [ ]DENIED [ ]OTHER: Reviews & Annrovals County Attorney: OMB Purchasing Originating Dept: Other: Other: Finance:(Check for Cop only, if applicable) r`,, ~` RESOLUTION NO. 00-60 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. N0.236741-1-94-01) FOR THE INSTALLATION OF RADIO CONTROL LIGHTING AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRMAN 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 of St. Lucie County, Florida, has made the following determinations: 1. The Board has sought approval for a project for the installation of radio control lighting at the St. Lucie County International Airport. 2. The Board should authorize and approve execution of the Joint Participation Agreement with the State of Florida Department of Transportation (Fin. Proj . No.236741-01) to provide for the above referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, St. Lucie County, Florida: 1. The Board hereby approves the Joint Participation Agreement with the State of Florida Department of Transportation (Fin. Proj. No.236741-01) to provide for the installation of radio control lighting at the St. Lucie County International Airport. `i~-' ~.r'" 2. The Board hereby authorizes the Chairman to execute the above-referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on this resolution 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 XX day of March, 2000. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY g:\atty\resoltn\2000\00-60.wpd r`r/ RESOLUTION NO.00-61 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from a $18,800 grant-in-aid tothe St. Lucie County Board of County Commissioners from the State of Florida Department of Transportation for the installation of pilot controlled Lighting. WHEREAS, Section 129.06 td), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE 1T RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 14"' day of March, 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 140309-4210-334411-400 FDOT -Transportation S 18, 800 APPROPRIATIONS 140309-4210-563000-400 Improvements 0/T Buildings S 18, 800 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Paula A. Lewis Commissioner Cliff Bames PASSED AND DULY ADOPTED THIS 14T" DAY OF MARCH 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\BUD('E'I1WP\RESOLUI100-resol\00-61.wpd ~SIATfi OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION FoRM~zs-o3o-06 PUBLIC TRANSP ADMQd JOINT PARTICIPATION AGREEMENT osr~ Page I oI I z TTEM-SEGMENT-PHASE-SEQUENCE Fuad~O-Function: 637 SAMAS Approp: 088719 236741-1-94-01 FcderalNo: N/A SAMASObj.: 790007 Contract No: Catalog of Fcderal Domestic Assistance C~rg. Code: 55042010428 Number: / Vendor No: VF 960008 5030 THIS AGREEMENT, made and entered into this day of 19 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, anagency of the State of Florida, hereinafter referred to as the Departrnent, and St. Lucie Count; Board of oun offiIiliccionprg hereinafter referred to as the AGENCY. WITNESETH: WHEREAS, the Agency has the authority to enter into said Agrcement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under , F.S. 332.006 (6) Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to install radio control lighting. and as further described in Exhibit(s) A. B_ C & F attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. FORM 725-030-06 PUBLIC 1RANSP ADMIN 06/99 Page 2 of 12 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this refercnce made a part hectoi; with all practical dispatch, in'a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided bylaw, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ _ 23500.00 .This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 18.800.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00. of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding f isj (is not) applicable. If applicable, the Department may initially pay 100% of the total allowable inciured project cysts up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: ltetainage hsj (is not) applicable. ff applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. '~/ FORM 725-030-06 PUBLIC TRANSP ADMIN 06/99 Page 3 of 12 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in c~formity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it fiom the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs chazged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7S0 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All .checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept sepazate and apart from all other such documents. FORM 725-030-06 PUBLIC 7RANSP ADMQ~I 06/99 Page 4 of 12 7.60 Audit Reports: 1. All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, awazd number, and year, and name of the federal agency. State grant and aid funded grants aze to be identified with the Financial Project Number (FPN) and contract number. 2. Audits shall be conducted under the guidelines of A-133, Section 216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be submitted within the earlier of 30 days after the receipt of the auditor's report, or 9 months after the end of the subrecipient's (Agency's) fiscal yeaz. The date the audit report was delivered to the subrecipient (Agency) must be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting package, and data collection form. 4. The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. 5. Project records shall be retained and available for at least three years after the final payment. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection forms shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 and the District Public Transportation Office identified in pazagraph 8.10 of this agreement. Reports of audits conducted in accordance with Section 216.349, Florida Statutes, and Chapter 10.600 Rules of the Auditor General shall be sent to: State of Florida Auditor General P.O. Box 1735 Tallahassee, FL 32302-1735 and the District Public Transportation Office identified in pazagraph 8.10 of this agreement. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. in the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: FORM 725-030-06 PUBLIC IRANSP ppMn.I 06!99 Page S of 7 2 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office, 3400 W Commercial Blvd , Ft Lauderdale Florida, 33309-3421 its requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget fa the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or FORM 725-030.06 PUBLIC TRANSP ADMIN 06/99 Page 6 oC 12 fa work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount upon demand, payment of the amount is not made within sixty (60) days to the Deparhnent. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agrcernent The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public aooess to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contractor obligate itself in arry manner requiring the disburserrrent of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the FORwf 725-030-06 PUBLIC TRANSP ppMIDI 06/99 Page 7 of I2 Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defimed in 49 CFR Part 23, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 23, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 23, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affutnative action to ensure that applicants are employed, and that employees are treated during employment, without regazd to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particulaz contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standazd commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to empkryees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI -Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII -Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, FORM 725-030.06 PiJBLIC TRAI ISP ADMIN 06/99 Page 8 of 12 officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shaII insert in all contrails entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, director indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable enviromnental regulations including the securing of acry applicable permits. The Agency will be solely responsible for any liability in the event ofnon-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any toss incurred in connection therewith. 14.20 Department Not Obligated to Tlurd Parties: The Department shall not be obligated or liable hereunder to any Party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Departrnent of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for airy purpose except its replacement with like facility or equipment for public transportation use, the Agency will FoxM ~u-o3o.oe Luc rEtnrrsr aD~.r ors p~9ac~z comply with the terms of 49 CFR Part 18 relating to properly management standards. The Agency agrees to remit to the Department a proportional amount of the proceods from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided bylaw, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or writteq made in violation of this subsection is null and void, and no money may be paid on such contract The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the malting of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such m~nbers of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate thc claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. 15.00 Plans and Speafications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual FORM'725-03P06 PUBLIC TRANSP ADbIIN OfiP99 Page l0 of i 2 appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,004 and has a term for a period of mare than one yeaz, the provisions of Chaptet 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal yeaz, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 yeaz." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before December 31.2001 If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District }~. Expiration of this Agreement will be considered tenmination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singulaz. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Fenn-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawazds at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this cartract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Ve~rdors (in this document identified as. Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect `\w/ FORIvI 725-030-06 PUBLIC 7RANSP ADMIN 06199 Page 11 of 12 and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acXiing as an advocate for Agencies who may be cxpcriauang problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline,1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3xa) F.S. the following is applicable to this agreement. 287.133(2)(a) "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 any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." `1r/ FORM'/23-030-06 PUBLIC TRANSP ADivIIAT OFi/99 Page 12 of 12 Fin. Proj. No. 236741-I-94-OI Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT St. Lucie County Board of County Commissioners DATE FUNDING APPROVED BY COMPTROLLER (See attached Encumbrance Form) BY TITLE ATTEST: TITLE: (SEAL) APPROVED AS TO FORM, LEGALTTY ATTORNEY DEPARTMENT OF TRANSPORTATION DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS ATTEST: TITLE: (SEAL) RECYCLED PMER~`l I FIN. PROD. NO. 236741-1-94-01 CONTRACT NO. EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners dated PROJECT LOCATION: St. Lucie County International Airport PROJECT DESCRIPTION: Install Radio Control Lighting SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragaph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project number and Job number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A FIN. PROD. NO. 236741-1-94-01 CONTRACT NO. EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commi~Q~nnp~ dated I. PROJECT COST: $23,500.00 TOTAL PROJECT COST: $23,500.00 II. PARTICIPATION: Maximum Federal Participation: IJMTA, FAA, etc. Agency Participation: In-Kind Cash Other Maximum Department Participation: Primary (DS)(DDR)(DIlVI)(PORT) Federal Reimbursable (DLn(FRA)(DFTA) Local Reimbursable (DL) 0.0% or $0.00 or $0.00 20.0% or $4,700.00 or $0.00 80.0% or $18,800.00 or $0.00 or $0.00 TOTAL PROJECT COST: 100% $23500.00 `Lr' ,,fir FIN. PROJ. NO. 23674 j -1-94-0 l CONTRACT NO. EXHIBIT "C'• (GENERAL) This exhibit forms an integral part of that certain joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners dated Documents required to be submitted to the Department by the Agency in accordance with the terms of this Agreement. ~UBMITTAL/CERTIFICATION Consultant Selection Compliance Design Submittal 90% 100% Agency Attorney's Certification Department Comment Department Letter Construction/Procurement Contracts Safety Compliance Release for Notice To Proceed Annual Audit Reports Completion per Specifications * * Plans, Specifications, Engineering Reports ** One (1) set to be sent directly to: Matthew 7. Thys Aviation Supervisor Public Transportation Office, D4 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Department Letter (a) Department Review (b) Agency Certification Department Letter Agency Certification Agency Certification ~1rI' ~' FIN. PROD. NO. 236741-1-94-01 CONTRACT NO. EXHIBIT "F" SPECIAL AIRPORT ASSURANCES This exhibit forms an integal part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St= Lucie County Board of Cnunly ~omm'c~cionprc dated I. GENERAL a. These assurances shall be complied with in the performance of master planning, land acquisition, economic development or capital improvement projects which contain ~TQ federal funds. b. Upon acceptance of this Joint Participation Ageement by the sponsor, these assurances are incorporated in and become a part thereof. II. DURATION The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for any airport development project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant agreement utilizing state funds for the project. However, there shall be no limit on the duration of the assurances with respect to real property acquired with project funds. III. SPONSOR CERTIFICATION The sponsor hereby assures and certifies, with respect to this grant: a. It has sufficient funds available for that portion of the project costs not paid for by the State. It has sufficient funds available to assure operation and maintenance of items it will own or control funded under the grant agreement. b. It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department, that good title will be acquired. c. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the Federal Airport and Airway Improvement Act of 1982, or successive legislation; the regulations and the terms, conditions and assurances in the grant agreement; and shall ensure that such arrangement also requires compliance therewith. irr~ 'rrr' d. It will adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting, or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. e. It will make its airport available as an airport for public use on fair and reasonable terms. f. It will permit no exclusive rights for the use of the airport by any persons providing, or intending to provide aeronautical services to the public. g. All revenues generated by the airport will be expended by it for the capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the owner or operator of the airport and directly related to the actual aerial transportation of passengers or property. h. Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of alt existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing improvements thereon. ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA March 14, 2000 1. MINUTES Approve the minutes of the meeting held March 7, 2000. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA WARRANTS LISTS Approve Warrants List No. 24 2. MOS UITO CONTROL Acceptance of a SWIM 2000 Grant for Vitolo Family Park at Middle Cove /Budget Resolution No. 00-02 -Consider staff recommendation to accept the grant in the amount of $50,000, authorize the Chairman to execute South Florida Water Management District Contract No. C-11482, and approve the budget resolution. 3. MANAGEMENT AND BUDGET Budget Amendment No. 00-118 /Permission to Advertise for a Public Hearing - Considerstaff recommendation to approve the request to advertise for a public hearing for the budget amendment to transfer the Dune Restoration Grant Project from the Mosquito Control budget to the Leisure Services St. Lucie County General Fund 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 of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. 03/10/00 L~CIL CAUNTY - 80At2D ~/ 1~zAgt~AizZt i~Aiut~r l~sfi X24- 04-MAC-2000 mo i0-1~AR-2ooo hiJNb SUMMAft~t- MOSQttf'td FUND TITLE ~fS$5 145 Mosquito 1~und ~ 7 428.47 145110 NationAl Oc~~ti3c ~ At~nosphpric Admi 6fppp,00 GRAND TOTAL: 1~,42g.47 r ~' .s S ~AGB i ~A~ftOf~, O.UO 0.00 0.00 ~: ~: ~, s T0: Mosquito Control District Board SUBMITTED BY(DEPT): Mosquito Control AGENDA REQUEST ITEM NO. C- 2 DATE: March 14, 2000 REGULAR [ ) PUBLIC HEARING [ ] " C-ONSENT [ X ] PRESENTED BY: _James R. David SUBJECT: Acceptance of a SWIM 2000 grant for Vitolo Family Park at Middle Cove BACKGROUND: Wetlands totaling 107 acres were purchased at Vitolo Family Park at Middle Cove, through ajoint-acquisition effort funded by Florida Communities Trust and the U. S. Fish and Wildlife Service (USFWS-NCWRA). The goals and objectives of the Grant Amendment have been revised to include the following: I) to convey County-owned land at Middle Cove and Frederick Douglass Memorial Park to the federal project at Vitolo Family Park at Middle Cove Park Riverside; 2) to purchase approximately 147 acres of coastal mangrove habitat in Bear Point Phase II, in coordination with the CARL Indian River Lagoon Blueway Project; 3) to remove exotic vegetation and restore natural hydrological levels to the habitat; and, 4) to provide fishery/fishing and environmental education enhancements at the site. State/local match is provided through contribution of County lands to the federal project area, as well as CARL matching funds for the purchase of Bear Point Phase II. The estimated total federal project cost remains $ l ,258,786.00. Saint Lucie County is to contribute approximately 26 acres of land match (appraised at $448,000.00). CARL will contribute approximately $380,000.00 for land acquisition at bear Point Phase II. Federal funds in the amount of $430,785.75 have been approved to be continued forward from the original USFWS-NCWRA grant for Vitolo Family Park at Middle Cove Park Riverside federal project. Staff requests that the District Board consider acceptance of $50,000.00 in SWIM 2000 funds, in order to expand the area of wetland creation, restoration and exotic vegetation removal proposed at the Vitolo site under the federal grant. The monies will be spent on clearing and grubbing of exotics, hauling and burning the vegetative debris, excavation of 10-15,000 cyds of spoil in wetlands to create wetlands and hydrological circulation enhancement, and transport of the spoil material to Blind Creek, where it may be used for base material for public parking areas. The District proposes to contribute approximately $10,500.00 of in-kind support, which will include exotic removal at a temporary till storage site/future parking area, rental of equipment, and leveling the spoil. FUNDS AVAIL.: 145104-6230-331391-695036 US Dept of Interior -Fish & Wildlife Service -Middle Cove Park/Riverside DEP; 145- 6230-512000-600 Salaries (& Benefits); 145-6230-544100-600 Equipment Rental; 145813-6230-3373(0-695036 South FL Water Management -Physical Improvements (to be made available) PREVIOUS ACTION: BOCC Approval to Apply for SWIM grant on February 22, 2000 RECOMMENDATION: Staff recommends that the Board accept a SW]M 2000 grant in the amount of $50,000.00, and authorize the Chairman to execute South Florida Water Management District Contract No. C-11482. Staff also recommends Board approval of Budget Resolution No. 00-02, and authorization for the chairman to execute the Resolution, which bud ets the grant funds. COMMISSION ACTION: CONC CE: [~ APPROVED [ ) DENIED [ ]OTHER: ----_~ D glas tiderson ounty Administrator - / Review and Approvals ounty Attorney: "Management & Budget Purchasing v6riginating Dept. Other: Other: Finance: (Check for py only, if applicable) Eff. 5/96 'sir/ MEMORANDUM TO: MOSQUITO CONTROL DISTRICT BOARD FROM: JAMES R. DAVID, MOSQUITO CONTROL DIRECTOR DATE: MARCH 2, 2000 SUBJECT: Vitolo Family Park at Middle Cove Park Riverside Acceptance of SWIM 2000 grant funds BACKGROUND: Wetlands totaling 107 acres were purchased at Vitolo Family Park at Middle Cove, through ajoint-acquisition effort funded by Florida Communities Trust and the U. S. Fish and Wildlife Service (USFWS-NCWRA). The goals and objectives ofthe Grant Amendment have been revised to include the following: 1) to convey County-owned land at Middle Cove and Frederick Douglass Memorial Park to the federal project at Vitolo Family Park at Middle Cove Park Riverside; 2) to purchase approximately 147 acres of coastal mangrove habitat in Bear Point Phase II, in coordination with the CARL Indian River Lagoon Blueway Project; 3) to remove exotic vegetation and restore natural hydrological levels to the habitat; and, 4) to provide fishery/fishing and environmental education enhancements at the site. State/local match is provided through contribution of County lands to the federal project area, as well as CARL matching funds for the purchase of Bear Point Phase II. The estimated total federal project cost remains $1,258,786.00. Saint Lucie County is to contribute approximately 26 acres of land match (appraised at $448,000.00). CARL will contribute approximately $380,000.00 for land acquisition at bear Point Phase II. Federal funds in the amount of $430,785.75 have been approved to be continued forward from the original USFWS- NCWRA grant for Vitolo Family Park at Middle Cove Park Riverside federal project. Staff requests that the District Board consider acceptance of $50,000.00 in SWIM 2000 funds, in order to expand the area of wetland creation, restoration and exotic vegetation removal proposed at the Vitolo site under the federal grant. The monies will be spent on clearing and grubbing of exotics, hauling and burning the vegetative debris, excavation of 10-15,000 cyds of spoil in wetlands to create wetlands and hydrological circulation enhancement, and transport of the spoil material to Blind Creek, where it may be used for base material for public parking areas. The District proposes to contribute approximately $10,500.00 of in-kind support, which will include exotic removal at a temporary fill storage site/future parking area, rental of equipment, and leveling the spoil. RECOMMENDATION Staff recommends that the Board accept a SWIM 2000 grant in the amount of $50,000.00, and authorize the Chairman to execute South Florida Water Management District Contract No. C- 11482. Staff also recommends Board approval of Budget Resolution No. 00-02, and authorization for the chairman to execute the Resolution, which budgets the grant funds. RESOLUTION NO. 00-02 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 $50,000 SWIM 2000 Grant awarded by the South Florida Water Management District.. 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 March 14, 2000, pursuant to Section 125:06 (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 - 145813-6230-337310-695036 South FI Water Management -Phys $50,000 APPROPRIATIONS 145813-6230-563000-695036 Improvements O/T Buildings $50,000 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 PASSED AND DULY ADOPTED THIS 14T" MARCH, 2000. ATTEST: MOSQUITO CONTROL DISTRICT BOARD ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY H:` W P\AG EN DA\2000\00-02msyt. wpd CANTS ACCOUNTING REQUEST FOR, DATE: March 2, 2000 DEPARTMENT: Mosquito Control NAME OF GRANT PROJECT: Indian Rivef Lag00n SWIM - Impoundment R@Storatl0n IX GRANTING AGENCY (NAME): SOUth Florida Water Management District VENDOR NUMBER: GRANT MANAGER (NAME): James R. DBVId VENDOR NUMBER: GRANT PERIOD (START DATE): March 31 , 2000 (ENDING DATE): March 31 , 2001 BOCC APPROVAL (APPLICATION): February 22, 2000 (ACCEPTANCE): Mar. 14, 2000 (pend) BUDGET RESOLUTION #: 00-02 GRANTICONTRACT ID: REVENUE ACCOUNT: 1 4581 3-62 3 0-33 73 1 0-695036 .PREDECESSOR FUND: OTHER GRANT #'s ON THIS PROJECT: INPUT TO GRANT -USER NAMES: Jlm DeVld(JDAVID), Suzanne Hitchcock (SUZANNEH), Beverly Byers (BYERSB) INQUIRY TO GRANT • USER NAMES: Jlm D2Vid(JDAVfD), Suzanne Hitchcock (SUZANNEH), Beverly Byers (BYERSB) GRANT PROJECT BUDGET: GRANTING AGENCY (AMOUNT) $50,000.00 (PERCENTAGE) 100.00% COUNTY SHARE (AMOUNT) (PERCENTAGE) OTHER (AMOUNT) (PERCENTAGE) OTHER (AMOUNT) (PERCENTAGE) TOTAL PROJECT (AMOUNT) $50,000.00 (PERCENTAGE) 100.00% tS THE GRANT BASED ON A PERCENTAGE OR DOLLAR AMOUNT ALLOCATION? D811Verable Basis - Dollar AIIOCatIOn ADDITIONAL INFORMATION: The County is matching the grant with $10,500.00 of in-kind services expenses in salaries and benefits and equipment rental; the following program number previously assigned to a federal project at the same site should be also assigned to this grant ---- 695036. APPROVAL GRANT MANAGER: DIRECTOR/MANAGER: MGMT & BUDGET: FINANCE DEPARTMENT: FUND #: 1458't3 GRANT #: SOUTH FL~TRIDA WATER MANAG~MEN O R I GAIN A L AGREEMENT ' THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter referred to as DISTRICT) HEREBY This number must appear on all Invoices and Correspondence ENTERS INTO THIS AGREEMENT WITH: Name: ST. LUCIE COUNTY C-11482 MOSQUITO CONTROL DISTRICT Address: M/WBE Goal: 0% 3150 Will Fee Road Ft. Pierce, FL 34982 COST SHARING INFORMATION Project Manager: James David Total Project Cost: $ 199 186 00 Telephone No: (~61) 462-1692 , . Fax.No: (561) 462- 156 Hereinafter referred to as: AGENCY AGENCY Contribution: $ 149,186.00 PROJECT TITLE: INDIAN RIVER LAGOON MOSQUITO Ll~lPOUNDIVIENT RESTORATION The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "A" -Not Applicable Exhibit "H" -Not Applicable Exhibit "B" -General Terms and Conditions Exhibit "I" -Not Applicable Exhibit "C" - Statement of Work Exhibit "J" -Not Applicable Exhibit "D" -Payment and Deliverable Schedule " " Exhibit "K" -Not Applicable Exhibit E - Not Applicable Exhibit "L" -Not Applicable Exhibit "F" -Not Applicable " Exhibit "M" -Not Applicable Exhibit G" - Not A licable TOTAL DISTRICT CONSIDERATION: $50,000.00 AGREEMENT TYPE: Firm Fixed Price Multi-Year Funding (If Applicable) Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: *Subject to District Governing Board Annual Budget Approval AGREEMENT TERM: One vear EFFECTIVE DATE: Last Date of Execution by the Parties District Project Manager: Beth Kacvinsky District Contract Administrator: Telephone No: (561) 682-6632 Linda Greer (561) 682-b396 Fax No. (561) 681-6233 Fax No.: (561) 682-6397 or (561) 681-6275 SUBMTT INVOICES AND NOTICES TO THE DISTRICT AT: SUBMIT NOTICES TO THE AGENCY AT: ST. LUCIE COUNTY South Florida Water Management District MOSQUITO CONTROL DISTRICT 3301 Gun Club Road West Palm Beach, Florida 33406 3150 Will Fee Road Attention: Procurement Division Ft. Pierce, FL 34982 Attention: James David IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts all Terms and Conditions under which it is issued. ST. LUCIE COUNTY SOUTH FLORIDA WATER MANAGEMENT DISTRICT MOSQUITO CONTROL DISTRICT Accepted By: Accepted By: Si~ttature of Authorized Representative Mary Meier, Acting Procurement Director Date: Tile: Date: ~S PROCUREbIalT ROVID Date: ~ / 1 9/ . a o V SOUTH r.GORIDA WATER MANACVIENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1-STATEMENT OF WORK 1.1 The AGENCY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. 1.2 As part of the services to be provided by the AGENCY under this AGREEMENT, the AGENCY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The AGENCY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. ARTICLE 2 -COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on Page 1 of this AGREEMENT. Such amount includes all expenses which the AGENCY may incur and therefore no additional consideration shall be authorized. 2.2 The AGENCY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 2.3 The AGENCY by executing this AGREEMENT, certifies to truth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The AGENCY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. The DISTRICT`shall make any such adjustment within one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 -INVOICING AND PAYMENT 3.1 The AGENCY'S invoices shall reference the DISTRICT'S AGREEMENT Number and shall be sent to the DISTRICT'S address specified on Paoe 1 of this AGREEMENT. The AGENCY shall not submit invoices to any other address at the DISTRICT. 3.2 The AGENCY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- to-exceed budget, including but not limited to, copies of approved timesheets, payment vouchers, expense reports, receipts and subcontractor invoices. 3.3 The DISTRICT shall pay the full amount of the invoice within thirty (30) days following DISTRICT acceptance of services and/or deliverable(s) required by this AGREEMENT. However, failure by the AGENCY to follow the foregoing instructions and submit acceptable services and or deliverables(s) may result in an unavoidable delay of payment by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the AGENCY prior to the commencement date of this AGREEMENT. Page 1 of 9, Exhibit "B" Contract File:~Interagy.doc 02/25/00 SOUTH ~,,ORIDA WATER MANACVIENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 4 -PROJECT MANAGEI~IE~1T/ NOTICE 4.1 The parties shall duect all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on Page 1 of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The AGENCY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT'S Contract Administrator specified on Page 1 of the AGREEMENT. - - All formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on Page 1 of the AGREEME~I'I'. The AGENCY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other parry. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT'S Contract Number specified on Page 1 of the AGREEMENT. ARTICLE 5 -INSURANCE 5.1 The AGENCY assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the AGENCY and the officers, employees, servants, and agents thereof. The AGENCY warrants and represents that it is self-funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the AGENCY'S officers, employees, servants and agents while acting within the scope of their employment during performance under this AGREEMENT. The AGENCY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida°S ta~utes. 5.2 In the event the AGENCY subcontracts any part or all of the Work hereunder to any third party, the AGENCY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the AGENCY. Any contract awarded by the AGENCY for work under this AGREEMENT shall include a provision whereby the AGENCY'S subcontractor agrees to defend, indemnify, and pay on behalf, save and hold the DISTRICT harmless from all damages arising in connection with the AGENCY's subcontract. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If either party fails to fulfill its obligations under this AGREEMENT in a timely and proper manner, the other party shall have the right to terminate this AGREEMENT by giving written notice of any deficiency. The party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting parry fails to correct the deficiency within this time, the non-defaulting party shall have the option to terminate this AGREEMENT at the expiration of the ten (10) day time period. Should the DISTRICT elect to terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs, in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the AGENCY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such Page 2 of 9, Exhibit "B" Contract File:~Interagy.doc 02/25/00 SOUTH ~,,,,ORIDA WATER MANAG~/IENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS termination shall be effected by delivery to the AGENCY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the AGENCY for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C", Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold ,.all payments' to the AGENCY for such work until such time as the DISTRICT determines the exact amount due to the AGENCY. 63 If either party initiates legal action, including appeals, to enforce this AGREEMENT, the prevailing party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.4 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 6.5 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT'S best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT'S Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the AGENCY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the AGENCY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The AGENCY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any chances to Exhibit "C", Statement i-~-Work and/or the project schedule. 6.6 The DISTRICT anticipates a total project cost as indicated on Pate 1, with the balance of matching funds and/or in-kind services to be obtained from the AGENCY in the amount as specified on Pase 1 of this AGREEMENT. In the event such AGENCY matching funding and/or in-kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 -RECORDS RETENTION/ OWNERSHIP 7.1 The AGENCY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records: The AGENCY. shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availability of Records for Lesal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party Page 3 of 9, Exhibit "B" Contract File:~Interagy.doc 02/25/00 SOUTH ]ORIDA WATER MANAG,,~r/IENT DISTRICT EXHIBIT "B" ~~ - ~ ~ GENERAL TERMS AND CONDITIONS arising from performance under this AGREEMENT, the AGENCY shall extend the period of maintenance for all records relating to [he AGREEitiIENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the AGENCY, its subcontractor(s), assign(s), agent(s) and/or success9r(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledsed by the AGENCY, the AGENCY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the AGENCY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The AGENCY may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The AGENCY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the AGENCY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the AGENCY, or lawfully acquired under license from a third party, including the right to sublicense such software. The AGENCY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The AGENCY shall grant to the DISTRICT a perpetual, non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the AGENCY with DISTRICT funding under this AGREEMENT shall be returned and title transferred from the AGENCY to the DISTRICT immediately upon termination.__ar expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination.. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and with a normal expected life of one (1) year or more. The AGENCY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The AGENCY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the AGENCY liable for loss or damage due to causes beyond the AGENCY'S reasonable control. In the event of loss or damage, the AGENCY' shall notify the DISTRICT in writing within five (5) working days of such occurrence. 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the AGENCY access to certain third party owned software on DISTRICT computer systems. The AGENCY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 -STANDARDS OF COMPLIANCE 8.1 The AGENCY, its employees, subcontractors or assigns, shall comply with all applicable federal, Page 4 of 9, Exhibit "B" Contract File:~Interagy.doc 02/25/00 SOUTH ~,.ORIDA WATER MA,NAC;,,~IVIENT DISTRICT .i EXHIBIT "B" GENERAL TERMS A'VD CONDITIONS state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the AGENCY, upon request, as to any such laws of which it has present knowledge. 8.2 The AGENCY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The AGENCY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall sovern all aspects of this AGREEMENT. In the event it is necessary for either party to~ initiate lesal action regarding this AGREEMENT, venue shall be in the Fifreenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The AGENCY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or, if the AGENCY or any affiliate of the AGENCY has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. The AGENCY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the AGENCY for any work or materials furnished. person, other than a bona fide employee working solely for the AGENCY, any fee, commission, percentage, gifr, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount:. of. such fee, commission, percentage, gifr, or other consideration. 8.7 The AGENCY shall allow public access to al] project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the AGENCY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the AGENCY. 8.7.1 Pursuant to Sections 119.07(3)(0), and 240.241 Florida Statutes, data processing software obtained by an agency under a license agreement which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the AGENCY (Licensee) hereunder, the DISTRICT shall advise the AGENCY (Licensee) of such request and, as between the DISTRICT and the AGENCY (Licensee), it shall be the AGENCY'S (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.5 The AGENCY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.6 The AGENCY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the AGENCY, to solicit or secure this AGREEMENT. Further the AGENCY warrants that is has not paid or agreed to pay any 8.8 The AGENCY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the AGENCY for additional compensation. If the AGENCY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Page 5 of 9, Exhibit "B" Contract File:~Interagy.doc 02/25/00 SOUTH ~ORIDA WATER MANAG,rtVIENT DISTRICT EXHIBIT "B" ~ ~~ GENERAL TERI'VIS AND CONDITIONS AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. ARTICLE 10 - M/WBE PARTICIPATION 8.9 Pursuant to Section 216.347, F.S., the AGENCY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch, or another state agency. ARTICLE 9 -RELATIONSHIP BETWEEN THE PARTIES 9.1 The AGENCY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other parry. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the AGENCY and the DISTRICT. No person or entity other than the AGENCY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-parry beneficiary or otherwise. 9.3 The AGENCY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void. 9.4 The AGENCY shall not pledge the DISTRICT'S credit or make the DISTRICT a guarantor of payment or surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. 9.5 The DISTRICT assumes no duty with regard to the supervision of the AGENCY and the AGENCY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of contract performance. 10.1 The AGENCY hereby acknowledges that no Minority and Women Business Enterprises (M/WBE) participation goal has been established for this AGREEM~IVT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in M/WBE participation, such participation shall be reported to the other party. Both the AGENCY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. ARTICLE 11 -YEAR 2000 COMPLIANCE In the event that the AGENCY'S performance, as required by this AGREEMENT, involves the use and/or delivery of a software, firmware and/or hardware product of any kind, the following language in this Article 11 shall apply: 11.1 AGENCY represents and warrants that the software, firmware and/or hardware is designed to be used prior to, during, and after the calendar year 2000 A.D., and that the software, firmware and/or hardware will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references multiple centuries. 11.2 Without limiting the generality of the foregoing, AGENCY further represents and warrants: 1) that the software, firmware and/or hardware will not abnormally end or provide invalid or incorrect results of date data, specifically including date data which represents or references multiple centuries; 2) that the software, firmware and/or hardware has been designed to ensure Year 2000 Compliance, including, but not limited to, date data century recognition, calculations which accommodate same century and Page 6 of 9, Exhibit."B" Contract File:~Interagy.doc 02/25/00 y; SOUTH ~,,,,ORIDA WATER MANACv1ENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS multiple century formulas and date values, and date data interface values that reflect the century; and 3) that the software, firmware and/or hardware includes Yeaz 2000 Compliance. For the purposes of this AGREEMENT, Year 2000 Compliance also means that the software, firmware and/or hardware will: (i) manage and manipulate data involving dates and leap yeaz calculations, including single century formulas and multi-century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (ii) provide that all date-rejated user interface functionalities and data fields include the indication of century. 11.3 Included as part of this Year 2000 Compliance Warranty, AGENCY shall provide to the DISTRICT, at no additional charge with, (i) fixes, corrections and updates to the software, firmware and/or hardware that are necessary to ensure Year 2000 Compliance as defined herein, and (ii) advice, consultation and assistance to use the software, fu-rnwaze and/or hardware and diagnose and correct Year 2000 Compliance problems that may exist with either the software, firmware and/or hardware, (iii) and, if deemed necessary by the DISTRICT, replacement software, firmware and/or hardware which is compliant with this Year 2000 Compliance Warranty. 11.4 If this AGREEMENT involves the purchase and/or license and/or receipt of a software, fuTnwaze and/or hardware product of any kind previously developed by the AGENCY or other third party, and in the event fixes, corrections and updates of the software are not technically feasible, the AGENCY shall accept the return of the software, firmware and/or hardware if this Year 2000 Compliance Warranty is breached, and terminate any and all applicable Schedules and/or License Agreements. Further, the AGENCY shall refund to the DISTRICT the full amount of the License Fee actually paid to the AGENCY for the software; and, in the case of hardware return, the AGENCY shall refund to the DISTRICT the full amount of the hardware actually paid to the AGENCY by the DISTRICT. In addition to the foregoing, the AGENCY shall refund to the DISTRICT all maintenance fees paid by the DISTRICT, if any, for on-going support, new software releases and product updates. All such refunds shall be made to the DISTRICT. Notwithstanding any other provision in the AGREEMENT to the contrary, the DISTRICT hereby reserves all rights to obtain all remedies to the fullest extent of the law, without any limitation whatsoever, as may be determined by a court of competent jurisdiction (including damages and equitable relief). 11.5 The term Year 2000 Compliance Warranty shall mean, collectively, the warranties set forth herein. This Article 11, in its entirety, shall survive the expiration or termination of this AGREEMENT. ARTICLE 12 -GENERAL PROVISIONS 12.1 Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by AGENCY is specifically required during the occurrence of any of the events herein mentioned. 12.2 In the event any provisions of this AGREEMENT shall conflict, or appear to conflict, the AGREEMENT, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. Page 7 of 9, Exhibit "B" Contract File:~Interagy.doc 02/25/00 SOUTH ,ORIDA WATER MANAG,/IENT DISTRICT EXHIBIT "B" GENERAL TER1tiIS AND CONDITIONS 12.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 12.4 Should any term or -provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 12.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 12.6 This AGREEMENT states the entire under- standing and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. The AGENCY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. there is exposure to hazardous conditions. 13.2 The AGENCY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective measures. --_,A Material Safety Data Sheet (MSDS) shall be provided by the AGENCY to the DISTRICT on each chemical product used. 13.3 The AGENCY shall comply with the standards and regulations set fonh by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 13.4 It is the AGENCY'S sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 13.5 The AGENCY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 13.6 The AGENCY shall erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 13.7 The AGENCY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 13.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; ARTICLE 13 -SAFETY REQUIREMENTS 13.1 The AGENCY shall require appropriate personal protective equipment in all operations where 13.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site; under care, custody or control of the AGENCY, or the AGENCY's subcontractors; and Page 8 of 9, Exhibit "B" Contract File:lInteragy.doc 02/25/00 SOUTH ORIDA WATER MANAG;~~IENT DISTRICT EXHIBIT "B" ~~ - ~ ~ GENERAL TERMS AN7~ CONDITIONS 13.7.3 other properties at the site or adjacent thereto; such as vees, shrubs, lawns, walks, utilities, pavement, roadways, svuctures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 13.8 The AGENCY shall provide first aid services and medical care to its employees. 13.9 The AGENCY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throushout the AGREEMENT. 13.10 Emergencies: In emergency affecting.safery of persons or property on or about the site or as a result of the work; the AGENCY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 13.11 Environmental: When the AGENCY, AGENCY'S subconvactors, or subcontractors, use pevoleum products, hazardous chemicals; or any other chemicals used on or about the site, the AGENCY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the AGENCY'S sole responsibility to respond immediately to clean the site, at his .expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 13.12 The DISTRICT may order the AGENCY to halt operations under the AGREEMENT, at the AGENCY'S expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the AGENCY to the DISTRICT; and the AGENCY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. Page 9 of 9, Exhibit "B" Convact File:~Interagy.doc 02/25/00 '~1rI' Exhibit "C" STATEiV1ENT OF WORK Ilv~IAN RIVER LAGOON MOSQUITO M'OUNDMENT RESTORATION 1.0 INTRODUCTION A primary objective of the Indian River Lagoon (IRI:) Surface Water Improvement and Management (SWIM) Plan is to reconnect mosquito impoundment wetlands to the Indian River Lagoon. The St. Lucie County Mosquito Control Distrct (SLCMCD) is responsible for management of mosquito impoundment areas along the Indian River Lagoon in St. Lucie County. Previous impoundment restoration projects funded under the IRL SWIM Program, matched by funds and in-kind services from the SLCMCD, have enhanced the ecological functions of many of these impacted wetlands, while maintaining effective, virtually pesticide-free mosquito control. The SLCMCD is partnering with the U.S. Fish and Wildlife Service to complete the Indian River Lagoon Mosquito Impoundment Restoration Project, which includes the following goals within Impoundment 3: 1) to convey county owned land to a federal project 2) to restore natural hydrology to the habitat and 3) to provide for fishery/fishing and environmental education enhancements to the site in addition to providing for the purchase of 147 acres at Middle Cove and Bear Point Sanctuary in conjunction with the Conservation and Recreational Lands (CARL) Indian River Blueway Project. 2.0 OBJECTIVES The goals of the Indian River Lagoon Mosquito Impoundment Restoration project are to purchase, protect, restore and manage approximately 280 acres of mangrove swamp, high salt-marsh and coastal dunes in St. Lucie County. Overall project objectives in this cooperative effort between the SLCMCD, their federal partner and the South Florida Water Management District (DISTRICT) include the improvement of water quality and water draw-down capabilities, through the installation of an equalizer culvert under Highway AlA and the installation of two culverts interior to the impoundment, in addition to recreating wetland habitat within Impoundment 3. Implementation of this project supports the principle objectives of Goals I and II or the Indian River Lagoon SWIM Plan as follows: To attain and maintain water of sufficient quality to support a healthy, macrophyte based lagoon. To attain and maintain a functioning macrophyte-based ecosystem which supports endangered and threatened species, fisheries and wildlife. Agreement No. C-11482, exhibit "C" , Page 1 of 3 ~' 'rd' 3.0 SCOPE OF WORK THE SLCMCD shall be responsible for the overall management and satisfactory completion of the work to be performed under this agreement. The specific tasks to be completed under this agreement are set forth below. The work completed under this agreement will provide the SLCMCD with the tools to improve water quality within the Middle Cove project. This, in turn, will benefit the or~a-nisms using the impoundment and the Indian River Lagoon. 4.0 WORK BREAKDOWN STRUCTURE Impoundment 3 is a 1,68_ acre mangrove wetland, located on Hutchinson Island south of the Ft. Pierce Inlet. The impoundment was constructed in 1963 and has been managed under Rotational Impoundment Management (RIM) practices since 1984 and modified RIM with bottom water exchange since 1988. Improvements in hydrological exchange capabilities will be complete for Impoundment 3 with the completion of this project. Improvement of the exchange of tidewaters between the estuary and the impounded wetlands will be accomplished by surveying, designing, permitting and installing one 36" diameter concrete culvert beneath AlA and two 30" diameter corrugated aluminum pipe culverts in the perimeter dike. Additionally, exotic vegetation and fill material will be removed from an area adjacent to Highway AIA to recreate a shallow pool wetland (approximately 4.59 acres) in the area where flow will be enhanced with the installation of the culvert. TASKS Tasks 1 and 2 will be implemented by the SLCMCD in conjunction with their federal partner. The funds inherent to this contract will not be used for tasks 1 and 2. 1.0 AIA culvert installation and survey for wetland creation -Impoundment 3 1.1 Surveying for AlA Culvert Installation and Wetland Creation Area 1.2 Engineering for AIA Culvert Installation and Wetland Creation Area, including culvert design, wetland design, permitting, bid package preparation and project construction management. 1.3 Installation of AlA Reinforced Concrete (36" diameter, 100-200' long) Completion Date: Not applicable to this contract Deliverables: Not applicable to this contract 2.0 Perimeter dike culvert installation -Impoundment 3 Ab Bement No. C-11482, Exhibit "C" , Pale 2 of 3 'fir' 2.1 Permitting and installation of two perimeter dike culverts (30" CMP, 40' - 50' long, 14 gage) Completion Date: Not applicable to this contract Deliverables: Not applicable to this contract Tasks 3 and 4 will be implemented by the SLCMCD, with assistance under this agreement: 3.0 Clearing and grubbing of exotic vegetation -Impoundment 3 (preparation for wetland creation) V 3.1 Clearing and grubbing of exotic vegetation 3.2 Hauling and burning of exotic debris Completion Date: One year from contract execution Deliverables: Photographs of completed work, copies of permits 4.0 Wetland Creation and Park Access -Impoundments 3 and 6 4.1 Excavate previously filled area 4.2 Haul fill to Blind Creek Park 4.3 Grading of hydraulic fill at Blind Creek Park Completion Date: One year from contract execution Deliverables: Photographs of completed work, copies of permits Agreement No. C-11482, Exhibit "C" , Page 3 of 3 r ~: W W Q W W q W W PQ Z E--+ W a O F-' ~ ~_ Q -' `~ C C C C O U v O oc O°O c c O W ~ ~ C c~ o~~-i ~ U Q ~ o M M °4 °P `~' ~' `~ ~ ,,.~ ~ -. 'C ~ C\ --~ N --~ N M ~ C~ tJ] O r b? M M ~ ~ ~- ~? O O C O O ~: ~ O O O O ~ h O O C E-. ~ U o o O M o Q ,,... W ° °° _ C ~ ~ O ''" ~' ~ N _ _ O 3~~ C ~~~ ~;,, ~ Q O --~ N --+ N M ~ V] Q ~ b4 M M 'Ct d' ~ 64 U r ~ U (:~ O O ~,,; O C L O C Q cs U O r U 0 V >, O ~ >, O .~- Q' :J U ~ U U - O C~ rU Q z o~~ _ o~~ W ~, c > ~~ O ~.. O~ x ~ ~~a~ ~-~o~~ c Q o 0 3~ c 3 c 3 (~ _ Q ~ U ~ _ N Q\ 6J ~ 4J QQ U ~~ U~^ ~a ~.z G'1 ¢ O N --~ N ~ M --~ Q z ~ Cl C. U M a~ p O W G U 't7' U ct 0 c c 0 0 r ~, ~ C. ~ U N '- ~ U U ~ ^ ~ ~ ~ ~ ~ CCS • - ~" "~' CJ ~ a ~ ` C O c3 ' O '~ T ~ ~ L V1 ~ , ., ~ X C~ ~ C U U~ ~ ~ ~ p ~ ~ ~' ~ ~ ~ ° ~ v~ v ; v v p ~ 4: p ~ . ap ~ ~ w O ~ `~ C C ~ cs ~ cV ~ ~ -= w G ~ w o ~ ~ ~ c4 3 C , ...., O N-. C..) c3 ~ ~ ~ U C > ~ .-. ' W c~ r ca ~ U.'-.. r ~ U W ~. T. N r C G v ..-~ N C -'' ~ N M z `~ ~ ~crir~ rte' 3rt~ --' a~ ~ a~ ~? j .~ U ~, ~ r Q c~J Q C O N Q ~_ X N U E a~ '1r/ AGENDA REQUEST ,fir ITEM NO. C- 3 DATE: March 14, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] T0: St. Lucie County Mosquito Control District Board SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Request to advertise for a public hearing -Budget Amendment No. 00-118 to transfer a Dune Restoration Grant project from Mosquito Control to Leisure Services. BACKGROUND: See attached Memorandum FUNDS WILL BE AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the St. Lucie County Mosquito Control District Board COMMISSION ACTION: approve advertising for a public hearing for Budget Amendment No. 00-118 to transfer a Dune Restoration Grant project from Mosquito Control budget to Leisure Services St. Lucie County General Fund budget. [ X] APPROVED ( ] DENIED [ ] OTHER: Anderson tv Administrator County Attorney: X~ Originating Dept: ~ Finance: (Check for Coordination/Si natures i. , Management ~ Budget: ~' ~,~ Purchasing: Public Works: Other: _ only, if applicable) XX G:~BUDGE'I1W P~AGENDA' S~Agenda00~3' 14Msc~transf'er. wpd ~ NOTICE OF PUBLIC HEARING TO BE HELD ON MARCH 21, 2000 7:00 P.M. ST. LUCIE COUNTY ROGER E. POITRAS ADMINISTRATIVE ANNEX BUILDING COMMISSION CHAMBERS 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA FOR THE ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD TO CONSIDER AMENDING FISCAL YEAR 1999-2000 BUDGET BY BUDGET AMENDMENT NO. 00-118 THE ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD IS HOLDING A PUBLIC HEARING TO APPROVE TRANSFER OF CERTAIN BUDGETARY FUNDS AS FOLLOWS: $43,891 GRANT RECEIVED FROM US DEPT OF INTERIOR -FISH & WILDLIFE FOR DUNE RESTORATION TO BE TRANSFERRED FROM MOSQUITO CONTROL DISTRICT BUDGET TO THE ST. LUCIE COUNTY GENERAL FUND, LEISURE SERVICES TO BE PUBLISHED ON: MARCH 11, 2000 G:~BUDGET\W P~AGENDA'S\Agenda00\3' 14MscLtransfer. wpd '~- DEP:~RTI~IE; fT OF LEISURE SERVICES MEMORANDUM T0: Sharon Buton, Assista*~t Finance Director FROM: Mike Leeds, Leisure Services Director~/~L~ DATE: February 24, 2000 ST7BJECT: Transfer of Grant Funds Due to the fact that Leisure Services has r_ow assu<<,ed the responsibility of se=reral projects previously under the Mosq~~ito Control District, the following grant budget accounts need to be transferred from Mosquito Control District to the Board of Co~-~ty Commissioners General Fund: 145110 - National Oceanic and Atmospheric Administratior_ 145111 - U.S. Fish & Wildlife Service Also requested is that Finance facilitate the transfer of funds and expenditures to correspond with the actual budget transfers. cc: Robert Bradshaw, Assist. County Administrator Heather Young, Assist. County Attorney ,~fitarie Gouin, Principal Budget Analyst, 0~ Jim Da~-~, Moscrui to Control Director Anna Smith, Ecosystems Manager, LS ~ ST. LUCIE COUNTY'' EROSION DISTRICT BOARD OF COMMISSIONERS John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA March 14, 2000 MINUTES Approve the minutes of the meeting held February 1, 2000 2. GENERAL PUBLIC COMMENT 3. COUNTY ATTORNEY Resolution No. 00-01 /Erosion Control Bonds -Sinking Fund Monies -Consider staff recommendation to adopt Resolution No. 00-01. CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 19 through No. 24 NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. 03/10%00 ~ L~JCIE CO~1V'fY - ~OA11D F'ZABWAt2R t~Aft~A~iT f..~$T X24- 04-MA1t-2000 TO lb-MAC-2000 FjIND SUMM~ttY- EROStd~t ~bNI~ TtT1.L ~f5E5 s 184 ~rosiotl Coi~trd~ Op~~at3tig ~ttnd 3~~12.81 GRAtiD DOTAL: 3~~12.81 ~AG~ 1 ~Ai~n1,f, O.Od 0.00 ~~ ~1~/ AGENDA REQUEST ITEM O. DATE: March 14, 2000 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: EROSION CONTROL SUBMITTED BY(DEPT): County Attorney PRESENTED BY: Robert O. Freeman, Esquire Bond Counsel SUBJECT: Resolution No. 00-01 Erosion Control Bonds -Sinking Fund Moneys BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends thnt the Board ndopt Resolution No. 00-01 as drafted. COMMISSION ACTION: [x] APPR0,1[ED [ ]DENIED [ ]OTHER: ry, Review and Approvals County Attorney: ~ Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable) uglas Anderson )unto Administrator Purchasing: Other: Eff. 5/96 k~~~e, ~u~a. ~ ~~~~ L.L.P. MEMORANDUM To: Daniel S. McIntyre, County Attorney St. Lucie County, Florida From: Robert O. Freeman Date: March 8, 2000 Re: Erosion Control Bonds -- Sinking Fund Moneys We have drafted the attached resolution to provide for the disposition of moneys remaining in the Sinking Fund established pursuant to Resolution No. 68-4 (the "Bond Resolution") of the Board of County Commissioners, ex officio the Board of the St. Lucie Erosion District (the "District"). The Bond Resolution authorized $650,000 General Obligation Bonds (the "Bonds"), and established the Sinking Fund into which was paid the proceeds of ad valorem taxes levied within the District levied to pay the debt service on the Bonds. Pursuant to Chapter 67-2001, Laws of Florida, Special Acts of 1967 (the "Special Act"), Section 8, four different zones were established within the District in which differing rates of ad valorem taxes were levied based on a benefit analysis. The Bond Resolution provided for the creation of four funds and accounts -- the Sinking Fund, the Construction Fund, and the Erosion Control Fund. Into the Sinking Fund was to be deposited the proceeds of the ad valorem tax levied to pay the debt service on the Bonds. Into the Construction Fund was to be paid proceeds of the Bonds to be used for the payment of the cost of the project for which the Bonds were issued. Into the Erosion Control Fund were to be deposited surplus Construction Fund moneys and grant proceeds. The Bond Resolution is silent as to the use of remaining moneys in the Sinking Fund. The Bond Resolution provides for the deposit of excess Construction Fund moneys into the Erosion Control Fund. It is our opinion, however, that there is warrant in the Bond Resolution for deposit of the excess Sinking Fund moneys into the Erosion Control Fund as well. In particular, Section 16 of the Bond Resolution creating the Erosion Control Fund states: "The District may also, at its option, deposit other available monies in the Fund." Monies in this fund are available for use "for ...erosion control projects as the District may in the future, from time to time, undertake." I have reviewed the provisions of the Special Act, and I find nothing therein which would suggest that this is not a proper use of the remaining Sinking Fund moneys. 4855v1/28902-OOOOI/EROSION-M-McINTYRE - 1 - March 3, 2000/10:08 AM RESOLUTION NO.00-01 A RESOLUTION PROVIDING FOR THE APPLICATION OF REl~1,AINING MONEYS IN THE SINKING FUND ESTABLISHED PURSUANT TO RESOLUTION NO. 68-4; PROVIDING AN EFFECTIVE DATE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, ex officio the District Board and governing body of the St. Lucie County Erosion District (the "Board") that: Section 1. Authority For This Resolution. This resolution is adopted pursuant to the provision of Chapter 67-2001, Laws of Florida, Special Acts of 1967 (the "Act"), Resolution No. 68-4 of the Board, adopted July 3, 1968 (the "Bond Resolution"), and other applicable provisions of law. Section 2. Findings. It is hereby found, determined, and declared by the Board as follows: A. The Bond Resolution provided for the creation of a Sinking Fund into which proceeds of the ad valorem taxes (the "Tax") levied and collected to pay the principal of and interest on $650,000 General Obligation Bonds, dated Apri11,1998 (the "Bonds") was to be and was deposited. B. The Bonds have been paid in full, and there is remaining in the Sinking Fund the sum of approximately $10,000. The Bond Resolution is silent as to the disposition of moneys remaining in the Sinking Fund after the payment of the Bonds, but, in Section 8, does provide for the deposit into the Erosion Control Fund of "other available moneys." C. Deposit of the remaining Sinking Fund moneys into the Erosion Control Fund would further the purposes for which the Bonds were issued and for which the Tax was levied and collected. Section 3. Disposition Of Sinking Fund Moneys. The Board hereby authorizes and directs the transfer of the moneys remaining in the Sinking Fund to the Erosion Control Fund. Section 4. Effective Date. This resolution shall take effect immediately upon its adoption. 4856V1/28902-00001/EROSION-R-TRANS SF MONEY 03/09/0/10:09 AM V PASSED AND ADOPTED this 141h day of March, 2000. (SEAL) ST. LUCIE COUNTY, FLORIDA By: Chairman of the Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 4856V1/2890?-00001/EROSION-R-TRANS SF MONEY 03/09/0/10:09 AM 2 02/04/00 S~~ UCIE CO~JN'PY - $OARD ~ FZABWARR WARRA1~fT LIST X19- 29-JAN-2000 TO 04-FEB-2000 FUND SUMMA1tY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 0.00 GRAND TOTAL: 0.00 PAGE 1 PAYROLL 2,054.40 2,054.40 02/14/00 S~Li~CIE COUNTY - BOA1tD ~/ FZABWARR i~ARRANT LIST X20- 05-FEB-2000 TO 11-FEB-2000 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Contrtsl Operating Fund 4,613.15 GRAND TOTAL: 4,613.15 PAGE 1 PAYROLL 0.00 0.00 02/18/00 'dl~/ LUCIE COUNTY - $OARD '~' FZABWARR 'WARRANP LIST X21- 12-FEB-2000 TO 18-F$B-2000 FUND SUMMARY- EROSION FUND TITLE $%PENSES 184 Erosion Control Operating Fund 9.gg GRAND TOTAL: 9.88 PAGE i PAYROLL 2,054.40 2,054.40 02/25/00 S UCIE COUNTY - BOARD `'~ FZABWARR ~IARRANT LIST ;~22- 19-FEB-2000 TO 25-FEB-2000 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 1,721.93 GRAND TOTAL: 1,721.93 PAGE 1 PAYROLL 0.00 0.00 03/03100 Stt~CIE COUNTY - BOAR `'/ FZABWARR ~tA1tRAfaT LEST ;~23- 26-F$$-2000 TO 03-MAR-2000 FUND SUMMARY- ~tOSION g~ TtTLL ~PENSES 184 Erosion Control Operating Fund 82.84 GRAND TOTAL: 82.84 PAGE 1 FAYft~L~, 2,054.44 2~054.4U