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Home My WebLink AboutAgenda Packet 07-25-00 '-' ...., JULY 25,2000 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT-Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ? ~ ""'" OOARD OF COUNTY COMMISSIONERS www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA July 25,2000 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held July 18, 2000. Appr()v''t~.&-. 2. PROCLAMATION/PRESENTATION A. Tax Collector - Mrs. Conrad and Bob Davis ~ll present a Recapitulation of the 1999 Tax Roll. C)fh¿(- prt5Ul11J1 Lð7U B. Resolution No. 00-162 - Proclaiming August 1, 2000 as "National Night Out" in St. Lucie County, Florida. A:pp(oJ£&- c. 2000 Chili Cook Off / Exchange Club Castle - The Board of County Commissioners will present plaques awarded to the St. Lucie County Employees for their participation and fund raising efforts for the prevention of child abuse. ~- pr-t1fìhh6t· 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ApproJM 6~O PUBLIC HEARINGS 5. COUNTY ATTORNEY . _ ~ ¿- ~m~~ ~~U ' Ordinance No. 00-21 - ConsÚi~r staff recommendation to adopt Ordinance No. 00- ZI Repealing Ordinance No. 99-25 Regulating Motor Vehicle Title Loans. NOTICE: All Proceedings before this Board are electronically recorded. Any p'erson who decides to app.eal any action taken by the Board at tnese meeti':lgs "Viii need a record of the proceedings and for such purpos~ may n~ei;i to ensur~ t~at a verbatim record of the proce~dmgs IS made. Upon the reç¡uest of any party to the proceedlpgs. mdlvlduals te.stlfymg during a hearing will be sworn m. Any party to the proceedmgs will be granted the opportunity to cross-exam me any indivloual testitying during a hearing upon request. Anyone with a disaòility re~uirinK accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462:-J777 orTDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. REGULAR AGENDA JULY 25,2000 PAGE TWO '-' ...., 6. MANAGEMENT AND BUDGET Approval of Millage Rates - Consider staff recommendation to approve the millage rates, approve submission of the rates to the Property Appraiser, and set dates for the Public Hearings. Ap~ rO\J¿d COMMUNITY DEVELOPMENT Budget Resolution No. 00-159 - Consider staff recommendation to approve the revised Scope of Work approved by the Department of Community Affairs for a Mobile Home Inventory, authorize the Chairman to execute the Modification and approve the budget resolution to appropriate and expend the funds from the grant award. 'frpDf'ð L~ 8. LEISURE SERVICES Construction of Batting Cages - Consider staff recommendation to approve construction of four (4) batting cages at Elks Park, approve the use of Park A (Ft. Pierce) Impact Fees as the funding source for the County's share of the cost and accept the offer of $5,000 from the Ft. Pierce American League and $5,000 from the Ft. Pierce National Leag~e to be ~ towards the cost of the project. ADMINISTRATION tip P (b . Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. ~ , ~ p~ 9ff 7 .oS Fd1~6 J ~ (Df'rfl ' , ~(;,cófìÞ ...,. ""'" CONSENT AGENDA Julv 25. 2000 1. WARRANTS LIST Approve warrants list No. 43 2. PUBLIC WORKS A. Bid Waiver to Approve a Repair Estimate from Quotation - Consider staff recommendation to approve the repair estimate, approve the request for bid waiver and authorize repair of a 1992 Kenworth Dump Truck by Freightliner Trucks of South Florida in the amount of $10,746.86. B. Contract Award - Consider staff recommendation to award the irrigation and sod contract for the South County Regional Sports Stadium to East Coast Sod & Landscape, Inc. in the amount of $133,690.96. C. Building & Zoning / Equipment Purchase - Consider staff recommendation to approve the purchase of laptop computers instead of desktop computers. Desktop computers were approved in last years budget but not purchased. The increase in price is covered by savings in vehicle purchases. D. Solid Waste / Contract Cancellation / Sole Source Bid Waiver - Consider staff recommendation to cancel the current contract with Consolidated Resource Recovery for the processing and recycling of yard waste, effective September 30, 2000, authorize a sole source bid waiver to BP Technologies, and authorize the Chairman to sign the contract as prepared by the County Attorney. E. Contract Award - Consider staff recommendation to award the lighting contract for the South County Regional Sports Stadium to Florida Power & Light in the amount of $134,966. 3. COMMUNITY DEVELOPMENT A. Grant Application - Consider staff recommendation to authorize submission of a grant application to the North American Wetlands Conservation Act Grant Program (NA WCA) administered through the United States Fish and Wildlife Service (USFWS) to assist in the purchase of lands within the North Fork of the St. Lucie River CARL boundary, and authorize the County Administrator to sign the application form and other associated documents. B. Tourism/ R.J. Gibson Invoices - Consider Tourist Development and staff recommendation to approve payment of the June invoices to R. J. Gibson in the amount of $31,032.13. C. Midway Industrial Park Phase II / Final Plat Review - Consider staff recommendation to authorize the final processing of this minor subdivision plat, but direct that specific recording of the plat be withheld until the required conservation easements are completed and recorded and until the right-of-way conveyances for West Midway Road are recorded and accepted by St. Lucie County. COn5kU@0lì 6£~~}1æ.ed Œ-wd Ap(J(ð/cJ. ~ ...., CONSENT AGENDA JULY 25,2000 PAGE ThO 4. UTILITIES Work Authorization Approval - Consider staff recommendation to approve the work authorization with Camp, Dresser & McKee for services at the South Hutchinson Island Wastewater Treatment Facility in an amount not to exceed $29,800. 5. HUMAN RESOURCES A. Budget Amendment No. 00-147 and Equipment Request No. 00-231 - Consider staff recommendation to approve the budget amendment and equipment request to purchase a computer for the Safety/OSHA position. The Board approved the computer in FY 00/01, and Equipment Request No. 01-013 will be deleted from the FY 00/01 budget. B. Group Health Insurance and TRICO Premiums for FY 00-01 - Consider insurance committee and staff recommendation for an increase in the group health insurance premium of 10% and the acceptance of a premium reduction in TRICO premium of 25%. C. Budget Amendment No. 00-148 and Equipment Request No. 00-232 - Consider staff recommendation to approve the budget amendment and equipment request to purchase a filing system for the Human Resources Department in the amount of $7,200. 6. INVESTMENT FOR THE FUTURE Work Authorization No.8 - Consider staff recommendation to approve the work authorization for the scope and fee proposal submitted by Jenkins & Charland, Inc. for engineering services to provide requested revisions to the construction documents for South 25th Street Bridge over 10-Mile Creek in the amount of $900, and authorize the Chairman to sign the work authorization. 7. MANAGEMENT AND BUDGET A. Budget Resolution No. 00-166 and Budget Resolution No. 00-167 - Consider staff recommendation to approve Budget Resolution No. 00-166 for the $24,000 addition to the Airport Maintenance Building grant from the Florida Department of Transportation, and to approve Budget Resolution No. 00-167 to appropriate and expend funds in the amount of $25,000 from the Florida Department of Transportation Airfield Signage Grant. B. Budget Resolution No. 00-160 - Consider staff recommendation to approve the budget resolution recognizing 50% reimbursement in the amount of $1,690,930.30 received from the Florida Communities Trust for the Bluefield Ranch Project No. 98-071-P8A. '-' ....." CONSENT AGENDA JULY 25,2000 PAGE THREE 7. MANAGEMENT AND BUDGET (CONTINUED) C. Budget Resolution No. 00-168 - Consider staff recommendation to accept the Bulletproof Vests Grant Award from the US Department of Justice in the amount of $3,648.11, authorize the County Administrator to sign the electronic grant award documents and approve the budget resolution to appropriate and expend the funds. 8. COUNTY ATTORNEY A. Contract Assignment - Consider staff recommendation to approve the Assignment of the April 21, 1997 contract between St. Lucie County and Dawn G. Kirk, P.A. and Stuart A. Webb, Esquire to: St. Lucie County and Dawn G. Kirk, P.A. for legal representation of indigents for dependency cases, and authorize the Chairman to sign the agreement upon obtaining all necessary signatures. B. Resolution No. 00-165 - Consider staff recommendation to adopt the proposed resolution approving the Reapportionment Plan for the St. Lucie Metropolitan Planning Organization. C. Permission to Advertise - Consider staff recommendation to approve the request for permission to advertise a Request for Proposals for lease of the North Dock on South Causeway Island. D. Permission to Advertise - Consider staff recommendation to grant permission to advertise proposed Ordinance No. 00-08 - Animal Licensing for a public hearing on August 15, 2000 at 7:00 p.m. or as soon thereafter as possible. 9. PURCHASING A. Bid No. 00-054 - SHIP Housing Repair Program / Hoskins House -Consider staff recommendation to award the bid to Jacobson Construction in the amount of $19,580 and authorize the Chairman to sign the contract as prepared by the County Attorney. B. RFP No. 00-033 / Roadway and Intersection Design - Consider staff recommendation to approve the short list: 1. Kimley-Horn & Associates 2. Inwood Consulting Engineers 3. American Consulting Engineers 4. Post, Buckley, Schuh & Jernigan 5. LBF&H approve the request for permission to enter into negotiations with all five firms, and authorize the Chairman to sign the contracts as prepared by the County Attorney. This item is re-agendaed from June, 27, 000 and July 11, 2000.. .Dtfþ(¡ýI.ú.(\C¿ )1J L 0. (Jf¿>f!v-"ç~rr;¡..aIfP.c~ ~ Q lL'~ Yd7:t£'vcJ.uodtcrr..JO} k' ~ .-.¡1 ~. '.. . {V/(ðIhUP iPj(lYMS .-ßr P(ò(ff~ 6b¡:f l,)' II Co {Iæ jJyJd' weld'V píl1:jf [l-HJ fJ~ð{fJ(J'¡ cd. . '-" ...., CONSENT AGENDA JULY 25, 2000 PAGE FOUR 10. CENTRAL SERVICES Contract Extension - Consider staff recommendation to approve the contract extension with Paragon Termite & Pest Management through and including June 30,2001 and authorize the Chairman to sign the first extension. ~ ...." ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA July 25, 2000 1. MINUTES Approve the minutes of the meeting held July 11, 2000. Apr(ò\f{l~ 2. GENERAL PUBLIC COMMENT Approve Warrants List No. 42 and No. 43 ~~~ ~ CONSENT AGENDA 1. WARRANTS LISTS 2. MANAGEMENT AND BUDGET Budget Resolution No. 00-04 - Consider staff recommendation to adopt the budget resolution to appropriate and expend funds from the Indian River Lagoon License Plate Program Grant awarded by the South Florida Water Management District in the amount of 538,753.27. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record ofthe proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyonewith 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 ADDITIONS AGENDA July 25. 2000 CONSENT AGENDA COMMUNITY DEVELOPMENT A.1 Tourism / Contract Amendment - Consider staff recommendation to approve the proposed First Amendment to the Agreement with R. J. Gibson, Inc. and authorize the Chairman to sign the amendment upon receipt of the signed originals from R. J. Gibson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record ofthe proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ~ ~ .. BOARD OF COUNTY CG:MMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: July 18, 2000 Tape: 1-3 Convened: 6:05 p.m. Adjourned: 1 0:40 p.m. Commissioners Present: Chairman, John D. Bruhn, Frannie Hutchinson, Cliff Barnes, Paula A Lewis, Doug Coward Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Ray Wazny, Public Works Director, Julia Shewchuk, Community Development Director; Dennis Murphy, Asst. Community Development Director, David Kelly, Planning Manager, Don West, County Engineer, A. Millie Delgado, Deputy Clerk, (a deputy from the Sheriff's office was present, however, no name given) 1. MINUTES (1-029) It was moved by Com. Coward, seconded by Com. Hutchinson, to approve the minutes of the meeting held July 11, 2000; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONfPRESENTATION (1-036) Resolution No. 00-161- Consider approval of the resolution commending the Amateur Athletic Union/Youth Basketball of America Basketball Team of the Treasure Coast Basketball Club for their achievement lin competing and winning five of the six tournaments entered, which included the State Championship for their age division of seventeen and under/juniors; and further, wishing five of the six tournaments entered, which included the State Championship for their age division of seventeen and under/juniors; and further wishing them good luck as they compete in the National Championship Tournament to be held at Disney Wide World of Sports on July 24, 2000 through July 30, 2000. It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 00-161; and, upon roll call, motion carried unanimously. Coach Gordon was present to accept the proclamation along with some of his team members. 3. PUBLIC COMJvŒNTS None 4. CONSENT AGENDA (1-198) It was moved by Com. Coward, seconded by Com. Hutchinson, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. -1- '-' ....., 1. WARRANT LIST The Board approved Warrant List No. 42. 2. PUBLIC WORKS A. Change Order No. 1- The Board approved accepting the final change order, decreasing the contract amount by $124,672.29 to a final contract amount of$665,973.88 and authorized the Chairman to sign the change order, release retainage, and make final payment in the amount of $65,497.39 for the 1998-99 Annual Resurfacing Contract with Ranger Construction Industries, Inc.,. B. Temporary Non-Exclusive Drainage Easement with St. Lucie West- The Board approved the Temporary Non-Exclusive Drainage Easement and authorized the Chairman to sign the easement. 3. COUNTY ATTORNEY A. Deputy Sheriff's Blanket Bond- The Board authorized the Chairman to execute the bond. B. Partial Release of Lien- The Board approved authorizing the Chairman to sign the Partial Release of lien for St. Lucie county Code Enforcement Board Order Imposing Fine/Lien dated October 6, 1999 and recorded in Official Record Book 1261, Page 1793, of the Public Records of St. Lucie County, Florida. C. Indrio North Savannas/Parcel 70- The Board approved the Option Agreement for Parcel 70, authorized the Chairman to execute the agreement and directed staff to close the transaction and record the document in the Public Records of St. Lucie County, Florida. D. Plat Approval/South County Regional Stadium- The Board approved Plat No. 127 and authorized the Chairman to sign the Plat. 4. VETERANS SERVICES Budget Amendment No. 00-146 and Equipment Request No. 00-230- Transfer of Funds- The Board approved the budget amendment and equipment request in the amount of $980 to cover the required cost share for installation of Y2K upgrades at the South County Courthouse Annex Building. 5. ADMINISTRATION A. Restudy Coordination Committee- The Board ratified Com. Coward's appointment of Debbie Crouse to serve on the Restudy Coordination Committee. B. Contractor's Certification Board- The Board ratified Com. Lewis' re-appointment of Craig Dunkelberger to serve on the Contractor's Certification Board. . 6. LEISURE SERVICES Permission to Bid- The Board approved the request for bids for construction of boardwalks at the Children's Environmental Learning Museum. -2- '-" ....." 7. COi'vWUNITY DEVELOPMENT A. Tourism/R.J. Gibson Invoices- The Board approved payment of the April invoices to RJ. Gibson in the amount of $26,641.13. B. Tourisrn/R.J. Gibson Invoices- The Board approved payment of the May invoices to R.J. Gibson in the amount of $6,479.20. C. Permission to Advertise/South A-l-A Multi Use Path- The Board approved advertising for bids and authorized the Management and Budget Department to transfer the appropriate funds from Road Impact Fee Zone 5 into the project reserve accounts for this construction project. The estimated construction budget for this first phase is just under $700,000. REGULAR AGENDA 6 B. Resolution No. 00-120/Freedom Plastics- For consideration before the Board was staff recommendation to approve the resolution granting a Major Adjustment to a Major Site Plan Approval for the project known as Freedom Plastics. It was moved by Com. Coward, seconded by Com. Hutchinson, to approve Resolution No. 00- 120; and, upon roll call, motion carried unanimously. 6 C. Resolution No. 00-119/Dollom, Inc. For consideration before the Board was staff recommendation to approve the resolution granting Major Site Plan approval, subject to eleven listed special conditions, for the project to be known as Savanna Club Blvd., approximately 800 feet East of south U. S. 1. Mr. Sam Poole, Attorney, Berger, Davis and Singerman firm on behalf of the petitioner, addressed the Board on this issue. Mr. Poole advised the Board that presently they have 29% as an upland buffer and almost half of this site will be a "natural area" . The exotics will be removed. Com. Coward stated he felt that the buffers need to be kept in place and a conservation easement would be the solution. He requested conservation easements in perpetuity be kept in place. Mr. Poole stated that his recommendation to the petitioner was that the burden that a conservation easement creates and the minimal benefit it would have to the county, that this long term commitment was something he would not recommend that they do, in perpetuity for all time commitment. The County Attorney stated that if the Board decided to impose an easement, it could provide for an amendment of the easement by the county. This has been typically done in the past when a voice of concern has been raised on preservation. It is a negotiable document, there is typically a provision in the easement that allows the county to amend or even release the easement upon appropriate circumstances. Com. Coward expressed this concern with what the developer can do in the future if they do not have a mechanism in place that would legally prevent the developer from for example, coming back later and doing a recreational amenity and bulldozing a portion of the buffer to put in racket ball courts or whatever may be. Mr. Pool reminded the Board that they have exceeded all requirements for this project. To be requested to put a covenant on this project whereas government would have some form of property interest by virtue of an easement is troublesome. It is difficult to get permits from local -3- ~ .....,.¡ governments today and adding this complication makes it even more difficult and would set a precedent. Com. Coward stated he did not feel that a precedent was being set, he thought that this was done with similar issues for allowing for density of a site in cluster fashion and remainder of the property and its natural areas being placed into a conservation easement. The County Attorney stated that this had been done previously. Com. Coward stated he sees this more of a safe guard to the surrounding area and if they are able to structure it with the developer so that there is an ability under a difficult situation Le fire that it does not strangle the developer from having private property rights or if they go to a single family which would then be less intrusive on the adjacent single family then the buffering could be looked at again. If there is going to be this level of intensity and it is being sold to the county as greening the project, but we are not putting a mechanism in place to make sure it stays that way, he loses his comfort level. He is looking for some type of mechanism which would say, "yes these buffers are going to be there long term, as long as this project is there as it is being presented tonight". Mr. Poole asked he be given time to speak with his client while other questions are being addressed. The County Attorney reviewed the conservation easement language in the ordinance. Ms. Deborah Ross, attorney for the Savanna Club DR!, addressed the Board and referenced her letter(as attached) submitted to the Board addressing the residents concerns. Ms. Ross addressed the maintaining of the linear landscaping which her clients are responsible for from the corner of Savanna Club Blvd., and u.s. 1, east to the Savanna Club development. She stated if this project was permitted, and constructed, they would like as an additional limiting condition, a requirement that the developer of the apartments be responsible for the linear landscaping that runs from the eastern end of the project, west to U.S. 1. Ms. Ross also stated her clients are not in favor of a wood fence due to the fact that controlled burns can become uncontrolled burns and the wood could cause a hazard condition and does not provide the appropriate protection. They would prefer a concrete wall. Mr. George Emo, President of the Property Owner's Association, addressed the Board regarding the property owners concerns as noted in his submitted letter (as attached). Mr. Ron Ardino, President Homeowners Association for Lake Lucie development. Mr. Ardino addressed the fence being placed and asked if it was a concrete or wood fence. Mr. Poole stated that if they wanted a fence it would be constructed of wood 8 foot high. Mr. Ardino stated his main concerns were the buffers and encroachment by commercial development and multi family units. Their major concerns are the values of the homes in his development. Ms. Fran Bowers, Savanna Club resident, addressed the Board and asked the developer has not considered putting in condo's rather than apartments. Mr. Charles Grande, Hutchinson Island, addressed the Board in favor ofthe conservation easement and the developer's attorney's comments in opposition to the easement. Ms. Ross addressed the Board and stated that in speaking with her client, they stated they would prefer a concrete wall vs. nothing and also she advised the Board that there are 100 special needs -4- '-" '-" residents in Savanna Club which would need assistance in case of an emergency situation. Mr. Jim Mornek, Savanna Club resident, addressed the Board in opposition to this development and stated some residents have placed their homes on the market because they are concerned with the loss in value of their property as well as the traffic problem Lennard Road would create. Mr. Joe Robialo, Traffic Engineer, addressed the traffic analysis and their projection was 340% increase from today's traffic to the traffic they were using for the build out of their project. Part of this included the additional build out of the Savanna Club DR! and the build out of the Villages of Lake Lucie. Of the 340% increase, approximately 20% was additional development that the county had identified. Com. Bruhn questioned the evacuation time needed with the additional traffic. Mr. Robialo ,stated that with all things added, the level of service is C . With the additional residential development at the Savanna Club, evacuation time would increase 10-15% . The Asst. Community Development Director advised the Board that mathematically, the carrying capacity of a two lane roadway is 10,500 trips per day which is a level of service "C". Com. Bruhn asked if with the build out of Savanna Club would mean that Lennard Road would be extended to the High School. The Asst. Community Development Director stated that Savanna Club has an obligation at the 1500111 unit, to complete the length of Lennard between the High School and Savanna Club Blvd. Com. Bruhn stated he was concerned with placing another sub-division in an area with one way out and no where else to go but through another sub-division. Com. Barnes stated he has the same concerns about traffic and Savanna Club is not totally built out, however, but under that rational they would stop building in Savanna Club because they will be building another 300 homes. The simple fact of the matter is, this is a very dense development as is Spanish Lakes and there is going to be traffic and as long as the roadway can handle it, it would be hard for him to choose the developer of Savanna Club and tell them they could build another 1200 units, but, this particular developer cannot build 268 units. Com. Hutchinson asked for clarification of the road agreement which took place in 1980 with Savanna Club. The Asst. Community Development Director stated that when Savanna Club was newly constructed, the DR! component, the main road going into that project was built with 22 foot wide lanes in each direction. A 22 foot wide lane is capable of being marked as a 4 lane roadway i.e. 2 lanes in each direction. The lanes were never stripped for a number of years. In the mid 80's the county was requested to delineate a bike path along the side of the roadway on the existing pavement, necking down the pavement to a one lane roadway with a marked bike path. The county agreed to do this. It has been made clear throughout time, that some point in the future, it may be necessary to corne in and re-stripe the road to a four lane roadway, however, some of the concerns were" is the bike path going to go away"? The philosophy of the Board during the last few years has changed such that non-motorized improvement were not considered to be a priority. Over the last several years this has change. He is quite confident that if they go in and re-stripe the roadway, for capacity purposes to a four lane roadway, the county would provide for the insularly facility such as a replaced bike path or whatever it took to get it all done. -5- '-" ."'wI They have a right of way of 135 feet in width and there is plenty of room to accommodate a bike path it is just a mater of laying down another 5 or 6ft strip of asphalt adjacent to the roadway or off set in some other area. These developments would not trigger a four lane designation. The only thing he could envision making this road into a 4 lane roadway would be other development in the area, and other traffic circulation patterns which could change. The Board has the ability to policy constrain roadways and this is something which can be looked at through the Comp Plan process. Mr. Poole advised the Board that our Emergency Management Director, Don Daniels, had advised them in letter form (the Board was provided with a copy) that there would not be a problem in evacuating people from this area. Mr. Poole stated that the Savanna Club Apartments would on a voluntary basis, without legal obligation, sit down with the county and participate in the enhanced level of maintenance which is provided by the DR! through an agreement with the county and how to accomplish this in their area on a voluntary basis. Corn. Coward stated this project was well exceeding the buffering standards and he could not think of one project presently in St. Lucie County who has put in 47% of the overall site in natural preservation. He does not accept the premise that this development is just meeting the minimum requirements. He believes they have come back with substantial buffering, however, he felt this did not mean the standards should not be reviewed. He pointed out that the adjacent development did not provide buffering on it's own property and if you were to look at the standards, why should everything be placed solely on this developer as opposed to it being placed on both. Mr. Poole addressed the Board in reference to additional requests. Mr. Poole stated the developer under the circumstances with the buffer and the distance between the homes that no fence is required, but, they have agreed that if the property owners that will be affected want a fence they will install one. However, the idea of a concrete fence surrounding a forest of pine trees is a bit strange. The cost of maintaining a concrete fence would be high if graffiti was present. The developer would be in agreement to place a wooden fence as opposed to a concrete fence. However, he hopes the residents would prefer to look at green trees rather than any type of a fence. In reference to the conservation easement, the wetlands will be addressed through regulatory provisions. In addition, although there is no requirement since this is not a PUD, for an upland buffer, and they have provided 29% of the land area in an upland buffer, Corn. Coward stated he felt they have reviewed traffic and other issues and he felt the conservation easement was important and his vote would depend on that. After continued discussion, the County Attorney advised the Board that the Code permits the Board to place reasonable conditions on any site plan approval if they feel that for the purposes of this development that an upland buffer for preservation is an essential component to protect the adjacent neighborhood. One of the criteria in the site plan review standards, is the affect on various neighborhoods included. He felt it was a reasonable condition and the Board could impose it. Mr. Poole stated he felt that as a matter of fairness, this does not sit right from a private property rights point of view, to require this developer to make that commitment. It was moved by Com. Barnes, to grant Resolution No. 00-119 with the conditions stated, but also, the following three conditions: -6- '-' ....., 1. That a wood fence be constructed if desired by the adjacent property owners on the east end of the property abutting the Savanna Club 2. A conservation easement be imposed along the properties that would delineated for preservation by the developer, the conservation easement could be changed if the circumstances changed that do not relate to the development issues, i.e. . fires or other conditions not thought of by the Board 3. The developer would agree to landscape or maintain the landscaping in the median or be assessed the cost of the same for the frontage in front of their property; seconded by Com. Coward, for discussion; commented on the developer providing a fence for the Northwest where there are single family residents'within 75 feet, it's the same arguement to the east and he asked if it would not relate to the north as well. Com. Barnes stated he looked at the diagram where he sees an extensive forest to the west compared to the forest to the east. Mr. Poole stated that if the residents on the north side would like a fence, they would be happy to provide one. Com. Hutchinson questioned if the other two developers were required to provide conservation easements for upland protected areas. The Asst. Community Development Director stated they did not. Com. Barnes amended his motion to include the wood fence on the north side where the improved property of the Villages of Lake Lucie abut the development; Mr. Poole stated that on the roadway maintenance, their concerned that a legal obligation would lead to liability in the event someone pulls out in front of a car a states that a bush was not trimmed.. They do not want that liability. They would prefer to contribute to the maintenance. Mr. Scott Herring, Asst. Road and Bridge Manager, advised the Board that they do not currently maintain the landscaping in the median, this is done by Savanna Club. If the county were to take this on, they would contract it out. Com. Barnes amended his motion for the second time; that the developer pay a proportionable share of the landscaping for the median maintenance. Com. Lewis questioned the ramifications of imposing a conservation easement. The County Attorney addressed Com. Lewis' question and stated this has been done in the past under a voluntary commitment. The Board does have the ability to impose reasonable conditions. Com. Lewis stated that if 15% was the requirement, she was not sure if 46% is reasonable. . . Ms. Ross, stated her clients were hearing a lot of promises, but, when asked to put them in writing they do not want legal obligations. Com. Barnes stated they will be placed as conditions. Com. Coward stated he concurred with Com. Barnes' amended motion; and, upon roll call, the vote was as follows: -7- '-" ...., Aye's: Lewis; Com. Hutchinson stated she would vote for this, but, is uncomfortable with the required conservation easement, and she felt it was not fair to impose this on one developer and not require it of the others; Coward, Barnes; Nay: Bruhn, stated he would be voting against it due to what he felt was a traffic problem and there was another portion of property which can be developed and he wants to put the future developer on notice that he will have the same problem. He is also concerned with the traffic on Lennard road when it is extended creating a problem with one way in and one way out; motion carried by a vote of 4 to 1. 5. COUNTY ATTORNEY (2-1519) A. Ordinance No. 00-22/2000 Economic Development Exemption Application/Bee Electronics, Inc., Consider staff recommendation to adopt the ordinance as drafted, establishing an exemption from certain ad valorem taxation. Com. Coward stated he was not going to support this request, due to the fact that the jobs being provided were under $6.00 per hour without benefits. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Ordinance No. 00-22; and, upon roll call, the vote was as follows: Nay: Coward; Aye's: Barnes, Hutchinson, Lewis, Bruhn; motion carried by a vote of 4 to 1. B. Ordinance No. 00-23/2000 Economic Development Exemption Application/Centaur Manufacturing- Consider staff recommendation to adopt the ordinance as drafted, establishing an exemption from certain ad valorem taxation. It was moved by Com. Coward, seconded by Com. Lewis, to approve Ordinance No. 00-23; and, upon roll call, motion carried unanimously. C. Ordinance No. 00-26/2000 Economic Development Exemption Application/Bluewater Sport Fishing Boats, Inc.,- Consider staff recommendation to adopt ordinance as drafted, establishing an exemption from certain ad valorem taxation. It was moved by Com. Hutchinson, seconded by Com. Coward, to approve Ordinance No. 00-26; and, upon roll call, motion carried unanimously. D. Ordinance No. 00-27- 2000 Economic Development Exemption Application/ QVC St. Lucie Inc., - Consider staff recommendation to adopt the ordinance as drafted, establishing an exemption from certain ad valorem taxation. It was moved by Com. Coward, seconded by Com. Lewis, to approve Ordinance No. 00-27; and, upon roll call, motion carried unanimously. E. Ordinance No. 00-28- /2000 Economic Development Exemption Application/Orchid Island Juice Company- Consider staff recommendation to adopt the ordinance as drafted, establishing an exemption from certain ad valorem taxation. It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve Ordinance No. 00-28; and, upon roll call, motion carried unanimously. PUBLIC WORKS (2-1836) F. Resolution No. 00-085- Consider staff recommendation to approve the resolution providing for the creation and establishment of a Special Street Lighting Improvement District in Pine Hollow Subdivision and authorize the Chairman and the County Attorney to execute the resolution. -8- '-" ...., Com. Hutchinson advised the Board that she would abstain from voting or participating in discussion for this item due to the fact her brother is the developer of this property. It was moved by Com. Barnes, seconded by Com. Coward to approve staff recommendation; and, upon roll call, motion carried unanimously with Com. Hutchinson abstaining. G. Resolution No. 00-154- Consider staff recommendation to adopt the resolution creating the Academy Drive MSBU; 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 Engineer to advertise for bids for construction; and, to prepare an interlocal agreement with the City of Ft. Pierce and the Ft. Pierce Utility Authority. Ms. Iris Williams, area resident, addressed the Board in favor of the project. Mr. Charles Grande, Hutchinson Island resident, addressed the Board in favor ofthe concept of cities providing water to unincorporated areas, however, he would like to see county eliminate the annexation agreements. It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve staff recommendation; and, upon roll call, motion carried unanimously. H. Resolution No. 00-117/James and Shirley Cagle- Consider staff recommendation to approve the resolution granting Preliminary and Final Planned Development Site Plan approval and a change in zoning from the RS-3 to the PNRD zoning district for the project to be known as Cagel's Cove. Mr. Bruce Abernathy, attorney for the applicant addressed the Board on this issue and advised the Board that presently there are 12 people residing in this assisted living facility, however, the state regulation would permit up to 18 people in this size structure. The Cagel's are requesting a cap at 16 people. Mr. Edward Beck, attorney for Mr. and Mrs. Jorgensen, addressed the Board in opposition to this request and that at the planning and zoning meeting concerns were raised about placing 16 people in this structure would increase the density on this property. The Board reviewed the letter from the Department of Health regarding the septic system. The letter however does not explicitly approve the rezoning. The Planning Manger stated he contacted the Health Department in order to clarify that they understood the proposed zoning change and if they were comfortable with the added four people. He stated the Health Department understood that the zoning allowed for four more people and they were comfortable that the existing system was adequate to serve that number of people. Com. Coward commented on this issue and the comments made by Mr. Merritt, Com. Hutchinson's appointee to the P & Z Board. Com. Coward stated that he needed to clarify in his mind the issue that, are we going to PNRD because of the spirit of what the PNRD was intended for, or is this merely a way for us to put an institutional use in that would not have otherwise been approved. -9- '-' "'wI He went back to the Land Development Code and looked at the purpose of the plan. He underlined designed options. The PNRD was intended as a tool for them to have quality design but not as a tool for them to put in different types ofland use which is what he felt they are seeing in this particular case. He is a bit uncomfortable as to where the original recommendation came forward that PNRD made the most sense, other than from the institutional land use aspect as opposed to the spirit of what this was set out for. The Planning Manager concurred that this was a hard decision and stated that the original PNRD came from the P & Z Commission at the hearing roughly one year ago. Mr. Mark Stocker 5412 Davis St., addressed the Board land submitted a petition in opposition to the rezoning. Mr. Stocker also presented the Board with Sheriff incident reports regarding the facility. Ms. Jane Tremal, area resident, addressed the Board in opposition to the rezoning. Ms. Tremal stated she felt this would decrease the value in property. Mr. Charlie Harless, area resident, addressed the Board in opposition and stated he could not see 20 people living in a small home. Ms. Shirley Cagel, petitioner, addressed the questions the surrounding residents as well as the Board had. She stated the facility had 6 bedrooms which would accommodate the addition of the new clients. Com. Barnes stated the petitioner went through the conditional use process in order to have 12 people and currently if they were to start the process as a new one, they would only be permitted 6 clients. They already have twice the number of clients which came about by the conditional use process 12 years ago. Since they already have 12, which is double, why would we allow more than that . It was moved by Com. Barnes seconded by Com. Hutchinson, to deny Resolution No. 00-117 due to the fact they already have twice the permitted clients since they went through the conditional use 12 years ago, and this is representative that the number would be 12; Com. Hutchinson seconded the motion for discussion and asked for clarification on the voting at the P & Z meeting going from 7-0 for approval then when it came back to PNRD it dropped to 3 to 2. Mr. Abernathy stated he believed this was a typographical error, he believes it was a 7-0 motion to deny and this is why they went back to take the PNRD route and this is what is before the Board this evening. Com. Bruhn stated he felt they had 6 more people than what he would approve being in the facility and 12 is too many in a single family house. and; upon roll call, motion to deny carried unanimously. (3-0865) I. Resolution No. 00-122/Roger Medema!- Consider staff recommendation to approve the resolution granting an extension of the Planned Development Site Plan approval and a change in zoning from PUD(palm Breezes Club) zoning district to the PUD (palm Breezes MHP) zoning district. -10- '-' ......, The planning staff advised the Board that a mobile home park proposal for this land has been in existence for 12 years (1988). Mr. Butch Terpening, President, Culpepper & Terpening, representing Mr. Medema, addressed the Board and gave a history on this petition. He stated they have been working with the various agencies as well as HUD for the financing. The 12 month extension would provide time to obtain the permits necessary to construct this project. Com. Hutchinson commented on the previous requirements, i.e. hurricane shelter and code for meeting wind factors of 140 mph. The County Attorney advised the Board that the effect of the extension as requested is to extend the existing approval which would lock in what was in place at the time. The Code as he reads it, state a site plan may be extended but, it appears to give the Board some discretion as to whether to extend it or not. Mr. Terpening stated that they would have to meet the current codes and this would be actually at the time of the permitting application of the intended structure. So if things change between now and spring time when they come in on the permit, they would have to meet the wind loading criteria. Com. Barnes stated he would be voting against this as he did when it first come up. He stated this type of developing was inappropriate for St. Lucie County and the county has way more than their share of mobile homes. He would like to see a different type of development on Orange Avenue. Com. Bruhn concurred with Com. Barnes' comments and stated the county had too many mobile homes in the county presently. Com. Hutchinson asked if conditions could be placed on the extension. Mr. Harrell attorney for the petitioner, stated that his understanding was that the building code would take precedence. What was in place 1997 may not have been 140 mph, but, his understanding is that the greater of the condition or the building code. They have no objection to that being a part of any extension. Com. Hutchinson asked if they would have a problem with the timing of the shelter being changed to being constructed at an earlier phase. Mr. Harrell stated his understanding was that it would have to be constructed at 380 units which is the first phase of the project. The developer is willing to construct the shelter at the time the project commences with the first units being available. . Mr. Charles Grande, Hutchinson Island, addressed the Board regarding the lack of tax revenue these types of mobile parks generate and the high impact they have on services. Mr. Roger Medema addressed Mr. Grande's comments and stated the developer pays high taxes for the property and many people are not aware of this. He stated mobile home parks do pay their way. Mr. Medema stated he would probably go conventional for the funding due to the time delay with federal government funding. -11- ~ 'wi Com. Coward questioned what discretion the Board has regarding the denial of a mobile home park. The County Attorney stated it was not fair to penalize the developer for state law tax structure. The Board needs to analyze why they have not been able to develop the property, the decision needs to focus on the criteria Mr. Harrell indicated and determine whether an extension is appropriate for the reasons stated. It is not appropriate to base the denial on a tax structure that is beyond the Board or the developer's control as well as the fact that St. Lucie County has enough mobile homes in the community. Com. Barnes stated he voted against this project the last time due to the fact that he felt it was inconsistent with the surrounding area land use and it would adversely impact the surrounding nd adjacent properties. Also, as stated in the beginning, there has been a proposal for a mobile home park for the last 12 years, and they still have not obtained the financing and this is not a legitimate reason for an extension. Com. Coward asked if the Board had some discretion to look at the economic impact that was project would have on the community in addition to the other issues raised. The County Attorney stated that the Board had the ability in the original approval and perhaps in the extension to look at the affect on adjacent and surrounding properties, but, in terms of the economic impact, it does not appear that this is a criteria set out in the code that the Board can use. Com. Lewis stated she voted for this project previously due to the fact she felt the reasons were not compelling enough to deny the project and she is in the same position today. It was moved by Com. Lewis, seconded by Com. Hutchinson,( with great reservation because of the traffic concerns) to approve Resolution No. 00-122; and, with the conditions as stated; upon roll call, the vote was as follows: Aye's: Hutchinson, Lewis; Nay's: Coward, Barnes, Bruhn; motion denied by a vote of 3 to 2. It was moved by Com. Barnes, seconded by Com. Coward, to deny Resolution No. 00-122 for the same reasons as stated in the 1998 application hearing and all those stated this evening; and, upon roll the vote was as follows: Nay: Lewis, Hutchinson; Aye's: Coward, Barnes, Bruhn, motion to deny carried by a vote of3 to 2. 1. Resolution No. 00-118- Consider staff recommendation to approve the resolution granting a change in zoning from IX zoning district to the IL zoning district. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Resolution No. 00-118; and, upon roll call, motion carried unanimously. 6.A COMMUNITY DEVELOPMENT (3-2305) Tourism/Agreement Extension- Consider staff recommendation to approve the one year extension to the agreement with RJ. Gibson Inc., for àdvertising services in an amount not to exceed $250,000 and authorized the Chairman to sign the agreement upon receipt of the signed original from RJ. Gibson. Ms. Gayla Barwick advised the Board that at the time this agenda request was being submitted, staff was unaware that staff changes were taking place at RJ. Gibson. She advised the Board that Mary Kay McGuire, the Advertising Account Executive was no longer employed by Gibson. Due to this change, it is staff recommendation to go out for RFP's for a new advertising agency -12- '-" ""'" and possibly retain Ms. McGuire as a consultant for the transitional period and if need be, give R.J. Gibson time to complete the visitor video and to wrap up some of their outstanding invoices and with this recommendation, the TDC will not be without any type of marketing representation during the RFP period. Com. Bruhn stated he concurred with staff's new recommendation and would prefer to go out for RFP's and continue with Ms. McGuire services. The County Attorney stated there seems to be a need to approve some extension and asked what amount of time would be feasible to close out existing projects so that payment can be authorized for the work completed in March, April, May and most of July. Ms. Barwick stated ifR.J. continued work on the visitors video, it should be completed by September. She would recommend the end of September or October 151 so that the summer campaign can be finalized and the tear sheets coming in. Com. Coward stated he also concurred with going out for RFP's and asked how long the RFP process takes. He is not sure this group needs to complete the video. The County Administrator stated he would think no longer than 90 days. Ms. Barwick stated she felt it would be most advantageous to continue with this production company who is most qualified. Also through heavy negotiations, Gibson was able to bring down from a $58,000 fee to a $40,000 fee. This will be a top notch quality video. Ifwe put a stop to it now, we might not receive the quality. Com. Hutchinson suggested doing the contract on a month to month basis. Com. Coward suggested up to 90 days while the RFP's are taking place. It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve the revised staff recommendation for a period of up to 90 days from today; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court -13- 07/1 . 5 : 51 )lAX 5 612 8 6 2 ! \wi E'lT GUUGE ~ ~02 &~ CORNETT, GOOGE, Ross & EARLE. P .A. JANC L CORNETT HOWARD E. GOOGE DEBORAH L. ROSS DAVID B. E.'-RLE ELIZABETH P. nONt.N 40 t F,\5T OSCEOLA ST. FiRST flC)OR RIVER OAI< CE~·..'TER r,;Ti.jr.r~T r'LO'::IO^ '.1-1994 t·,lIt\I!..ING /'·,DD11.r:SS: r"()~~~T (JFFICE D,):o( Ijl") STUN<T, rl..oi~i[V, 34£if)'5 CHARLES W SINGER OF COUNSEL (~561) 2fH)·2990 FÞ.X \.~"61) 28í;'-290Ô July 17, 2000 Via facsimile 1-561-462-1581 St. Lucia County, Board of County Commissioners 2300 Virginia Ave. Fort Pierce. FL 34952 Re: Savanna Club Property Owners' Association, Inc.'s objection to: Resolution No. 00-199/Dollom, Inc., - Consider staff recommendation to approve resolution granting Major Site Plan Approval for the Savanna Club Apartments. Dear Commissioners: Our firm has the pleasure of representing Savanna Club Property Owners' Association, Inc., the homeowners association that manages and maintains the community commonly known as the Savanna Club Development of Regional Impact. which is located immediately east of the proposed apartment complex site. The Savanna Club DRI is a residential community which currently consists of over 1.000 homes and 1,800 residents. When built out it will consist of approximately 2,200 homes and 4,000 residents. Contrary to Staffs memorandum, the Savanna Club is a community of manufactured homes that are well landscaped and maintained - it is not a mobile home park. As expressed to the Commission when this proposed project first came before you in September, 1999, the residents of the Savanna Club DRI have several concerns about the proposed project and how it will impact both their homes and their quality of life. Although I will be appearing before you at the Commission meeting scheduled for July 18, 2000, I thought it might be helpful to outline my clients' concerns in advance. They are as follows: 1. Traffic Impact: The residents of the Savanna Club DRI are concerned about the impact that the proposed project will have on the traffic flow of Savanna Club Boulevard. The Savanna Club ORI is located to the east of the proposed project on Savanna Club Blvd., and will therefore necessarily be impacted by any additional development between it and U.S. Highway #1. . . ~ ~O:l VI/~I/VV ~U:Ul ~^A UU1~bU~" . '-" CUJ{NE'l'l' GUUGE July 17, 2000 Page Two The original traffic study presented to the Commission in 1999 studied the traffic under the assumption that the Lennard Road extension between Savanna Club Blvd., and Port St. Lucie High School would be opened imminently. Staffs report states that the analysis has been properly revised to reflect that the extension will not be opened anytime in the near future, however we still have several unanswered questions: A. Was the build out of the Savanna Club DRI accounted for (remember it is only 50% built out)? B. We have been informed that the north east corner of Savanna Club Blvd., and US Highway #1 has been approved for development of a HESS gas station and convenience store. Access to this parcel from the north would require travelers to make a left from U.S. #1 onto Savanna Club Blvd., and another left across Savanna Club Blvd., into the gas station. Certainly additional traffic on Savanna Club Blvd., from the proposed development will create a safety hazard. Why wasn't this development accounted for in the traffic study. If the traffic study is based upon incomplete data, how can it be relied upon by the County? C. Staff's report states that Savanna Club Blvd., is a two lane facility with a dedicated bike lane. When traffic conditions are deemed appropriate, this facility can be re-striped into a 4 lane facility. The residents of the Savanna DRI were promised that Savanna Club Blvd., would remain a 2 lane facility with bike paths when it donated the road to the County in 1986. In his March 16, 1999 letter attached to Staff's report, Assistant Director of Community Development. Dennis Murphy, indicated that Savanna Club Blvd., would not be widened at anytime in the near future. so why was the potential for widening it referenced in Staffs report? Will the residents of Savanna Club DRI being losing their bike paths sooner rather than later? 2. Savanna Club Boulevard Landscaping: When Savanna Club Boulevard from South US #1 to Lennard Road was donated to the County for use as a public roadway in 1986, the Savanna Club DRI agreed to maintain the liner landscaping along this corridor. It is inherently unfair that the Savanna Club DRI should continue to be responsible for landscaping the portion of the corridor located west of its utility site if the proposed apartments are permitted to be constructed. Thus, instead of requiring the Savanna Club DRI to "renegotiate" its responsibility for landscaping Savanna Club Blvd., in the future. we would request that any approval of the proposed project include a condition requiring that the developer be responsible for the liner landscaping on Savanna Club Blvd., from US #1 to the east property line of the project. U 1/1 ilUU l~: ~l 1'1\.\ 5ü12IHF·'1li COJ{NETl' GOOGE I(l¡ 04 '-' ..""" July 17, 2000 Page Three 3. Environmental Impact: As Commissioner Coward pointed out when this matter came before the Commission in 1999, the proposed project site is home to gopher tortoises which are endangered species and several acres of protected wetlands. Although the plan submitted by the developer calls for off site mitigation, the residents of Savanna Club DRI are not convinced that the beauty of the property will be maintained or that the gopher tortoises will be properly protected. Due to the time constraints placed upon submitting this letter to you, we have not had the opportunity to review the environmental study performed by the developer, but we would respectfully request that the Commission look at this issue carefully. Please recall that in its 1999 submission the developer incorrectly represented to the Commission that there were no endangered species located on the site. 4. Buffering: The developer proposes to construct an eight foot high opaque wood fence along the north and east property line of the proposed project in order to "buffer" the residential units from the proposed apartment complex. The residents of the Savanna Club DR! object to this fence for several reasons: A. The wood fence will not protect the residents of the Savanna Club DRI in the event a "controlled burn" gets out of control. B. The wood fence will decay and rot if not properly maintained. Thus is the proposed project is approved, the residents of the Savanna Club DR! respectfully request that any such approval be conditioned upon the construction of a concrete wall rather than a wood fence between the apartment complex and the Savanna Club DR/. We thank you for your time and attention to these issues, and we look forward to discussing them as well as others with you at the July 18, 2000 Commission meeting. ',ßinc~rely,. .._<'J . '(...,/)! /:/ ), \.,'-.. .!~).!,,....{ /. i:. "'J \ ~-·-J:f:-A¢??:1... ---., / ,:;[-" \---.?öé6ðtãh"t:· 'Ross, Esquire DlR/nth cc: client '-' "'-'" Some Thoughts About Why Approval Of The Savanna Apartments Should Not Be Approved In Its Present Form There are at least three basic problems that residents of Savanna Club see with the project: 1. Traffic 2. Final Route For Lennard Road 3. History Of This Developer In St. Lucie County Along with those problems we are also concerned that this entire project will be in close proximity to an existing sewage treatment plant. There are bound to be complaints from renters from time to time about the natural odors emanating from the retention ponds and I'm sure that the complaints will not call them natural odors. We note that in Martin County, a relatively new golf course is trying to eliminate preexisting pig farms because of, among other things, their smell. 1. Traffic In the June 4, 2000 St. Lucie News, Sam Poole, a lawyer representing the apartment complex developer, is quoted as saying, a traffic analysis shows that Savanna Club Boulevard can handle the additional cars that will be driving in and out of the complex, but he acknowledged that there would be a noticeable increase in traffic. Since I have not seen the analysis, I can only wonder if it considered any increase in traffic attributable to the gasoline station already approved at the comer of Route 1, additional homes at Lake Lucie, the completion of Lennard Road in this area or the approximately 1,300 additional homes approved to be built within Savanna Club. At aprevious County Commission meeting an apartment complex proponent said that Savanna Club Boulevard is wide enough to provide two lanes of traffic each direction. That would of course eliminate the existing bicycle paths. Bicycle paths are an asset to St. Lucie County and even exist along Route 1. They shouldn't be eliminated. Another statement attributed to ivIr. Poole in the News article is that: Emergency evacuation should not be a problem because the eastbound lane of Savanna Club Boulevard could be used as a second exit in the event of a hurricane or other disaster. Let's assume that a disaster occurs and we use Mr. Poole's idea about the eastbound lane. How do emergency vehicles go eastbound to combat the emergency problem? 2. The Final Route For Lennard Road Present plans for Lennard Road show that it separates a significant portion of Savanna Club [Tom the major portion of Savanna Club which includes all of our amenity areas. None of us here tonight are responsible for that horrible decision, but we are stuck with it. Rerouting Lennard Road around the western most portion of Savanna Club housing might well be accomplished having Lennard Road follow the outer contour of this section of houses, continue through some Savanna Club property near our sewer plant, cross Savanna Club Boulevard, continue through a portion of the Savanna Apartment property, now designated as a buffer area, and the return to the previous Lennard Road route. Disadvantages 1. More costs - added distance 2. Puts more curves into Lennard Road Page 1 of3 '-' '..,I 3. Might need to acquire additional property for the right of way Advantages 1. It would keep additional traffic out of an adult community 2. Makes the area much more safe because Savanna Club walkers, bicycle riders and golf carts away trom a busy county intersection 3. A traffic light might not be required 4. The gratitude of all Savanna Club residents Early Sunday morning, it dawned on me that while I've just begged you to find some way to correct the poor conditions approved for Savanna Club about two decades ago, we are talking about approving the Savanna Apartments, another split community. If the apartment's amenity area is on only one side of the road, crossing Savanna Club Boulevard with toddlers may well be a more dangerous condition than what is presently expected at Savanna Club. History A wise person once said that if we don't learn from history, we are doomed to repeat it. Another local government entity was shocked to find out that an approved . market-based housing project subsequently was converted to low income housing. Again, in the News article Mr. Poole is quoted as saying "There are no plans for this to be anything other than market-rate housing." While sitting in this chamber we heard another Dollom Associates representative tell us that he did not see any turtles on thatproperty. Although the statement may have been true, we all know how much value there was in it. If this is to be a market-rate apartment complex, then there should be no problem with incorporating a statement in the development order or other enforceable agreement between St. Lucie County and the developer that this will never be subsidized housing. ''Mr. DolIom", the head of Doll om Associates, Michael MolIod, was in charge of Savanna Club Corporation here in St. Lucie County for about two and a half years. There were two high profile requirements of the Savanna Club project, a 20,000 square foot hurricane shelter was to be provided by Savanna Club Corporation to St. Lucie County when the 650th home in Savanna Club was energized and the Surface Water Management System at Savanna Club was to meet the requirements of the South Florida Water Management Authority that were in effect ignored by Savanna Club Corporation and therefore Mr. MoIlod. The hurricane shelter was never provided by Savanna Club Corporation. It was left up to the present developer, Community Savanna Club Joint Venture, to provide the shelter and because of that they lost considerable time in being able to sell homes. According to a recent evaluations of the Surface Water Management System by Culpepper & Terpening and John Robbins the evaluations not only show that the system clearly does not meet the requirements, but that the system was not properly constructed. However, Savanna Club Corporation has continued to issue yearly reports to South Florida Water Management District that indicate compliance with requirements. One has to wonder why a corporation, namely Savanna Club Corporation, would continue to keep the construction pennit for the Surface Water Management System for the Page 2 of3 '-' ...."" Savanna Club property for years after they sold the property to Community Savanna Club Joint Venture. The last two paragraphs lead me to ask a question. If you were to buy some furniture and were treated badly by the merchant, would you go back to the same store when you needed more furniture? Secondly, if you were forced to deal with that merchant again, because he was the only dealer in your area for the pieces you want, wouldn't you attempt to dot all the "i"s and cross all the "t"s in an iron-clad contract? Please only give approval for this apartment complex when there are reasonable safeguards in place for St. Lucie County. I have looked at your meeting schedule for this month and noted the large number of budget workshops. Our budget meetings at Savanna Club are difficult enough and are not complicated by the loss of ratables that you have had. We need more ratables in this county, but we must also be cautious when we have some history to ponder. Thank you for your attention and consideration of my comments on this important matter. To repeat - traffic patterns if not attended to now, may well be very costly to St. Lucie County in the future. The location of Lennard Road with respect to Savanna Club has great safety implications. Lastly, careful development order descriptions along with check points and penalties may be the only way to protect St. Lucie County ITom future unnecessary expenses. /!frFC-~ George Emo Savanna Club Property Owners Association President Attachments: 1. Map showing a possible Lennard Road route around Savanna Club 2. Page 4 of the Becker & Poliakoff, P.A. July 2000 Community Up-Date (It illustrates that safety should be a real concern for all parties) Page 3 of3 . . ~ 5 /tV c..E:. t-f3-¡J¡JARJ:> RD, IS 10 BE- O¡1)J-Y :¿ tJ.NE. W /])& -r)/ E. (J) ROAb WðU'-D ^ 0 '0) øe.. fJs W/þË - (1) ZAs s /IowA) , i ~ 0 , , . ...a. .., -r1ÌfE.. · t :a -l3ur ':1' · . . . CU~ V£'S 111.1, · r ..:,1 P\) W£LL ß£ 0 --- 0 /-IE.;;.> D.tf/1s ÏI 0 .. 0 II ,.u]) Tl1kf3, 0 UP 11 {) If E.- o 0 fRo fER. T I ~ \::) ~ ~ (j \) -.J q ¡ I\t: zl <J CD: ~ ~\ 0J1 lO I : .q ~~/ ~tD "t: ~ ~ :E: ~ ~I. - ~ l::: ,,-, _-::I-' No ;?ÎJf -þ 0·0:,'09"E '" ~ ~ . i~ '. a .-~ N 0J ~ ··..I·.! I :E .... I r.I. ~ . Q) Q·,!·i,!..¡,: ..... -> 'r,:! I CD :.," ..., ' ~ ~~ ~~ ~~ \Jt7 .. r, - ~ _ _ ~'L _ _ '-" ...." , . ' .' 'CqlJN.H'Il'"Ù.,' l!J,hl.hdl;:··, '.' .:,' , :. ,',. "j': :¡'.\' .~.I.);),; .~. . . .., . I '. . . '_ ~;:' " ': . ,'I ..:" : .' ~/ . ':.' ~ .' .. " CASENUTES '. DEFINE YOUR HARASSMENT POLICY ~, A recent opinion from the Eleventh Circuit Còurt of Appeal underscores the importance ..... of. having a, defined and clear policy with "', regard to sexual harassment, as well as a clear procedure delineated for employee complaints. In the case of Madry and Holden v. Pub/ix Supermarkets. Inc., the Eleventh Circuit ruled in favor of Publix. The employees . alleged harassment by their immediate supervisor. .the store manager for the store :". in :which they worked. However. the "'employees .did not comply with the sexual harassment policy implemented and .. published to. all employees by Publix. The policy clearly stated that Publix would not permit harassment of this type and identified at least three people. only one of whom was .. the immediate supervisor in the store. to :, ;whom aggrieved employees could pursue ..'::·~heir complaints. The appellate court held .that Publix had demonstrated reasonable i . care to prevent sexual harassment by . :: promulgating a policy and· setting up multiple , . ,aven'ues for the pursuit of complaints and 'thät the employees had failed to take ) advantage· of the avenues available to them to raise their complaints. Therefore, the appeal coUrt affirmed a summary judgment which had been entered by the trial court. For .th,ose associations that have multiple ,er:nployees. this case underscores the . .. importance, of drafting and disseminating a clear and comprehensive policy with regard ;"'.to sexual harassment and. for that matter, . . .~'~. ":;~:â~~er forms of harassment as regards ;'.:-) èíiÏployees. A~OCMTIONRE~ONgBLE FOR INJURY WHEN RULES CREATE A DANGER TO THE RESIDENTS Karen Gross sued her mobile home park homeowners' association for adopting a rule which restricted children from using the recreational facilities on the north section of the park, thereby requiring the children to cross a busy public street to reach the recreational facilities on the south side of the park. Her son was hit by a car when trying , to return home from the south side facilities. Ms. Gross claimed that the association. as a matter of law. owed a legal duty of care to her and her children and was negligent for adopting the rule in light of the foreseeable danger of having to cross a busy and inadequately lit street. The trial court dismissed the personal injury case, ruling that the defendants had no legal duty of care in the matter. The Fourth ~istrict Court of Appeal. in the case of Gross et al v. Sand and Sea Homeowners Association, et aI, (Case No. 4099-1078), ruled on April 19, 2000 that the Association did have a legal duty of care, and was negligent in adopting the restrictions because it did not take into account the danger for children crossing the street. The case was remanded to the trial court for further action. The moral of the story is: rule-making should be a careful and considered process. and all relevant issues should be part of the final crafting of the rule language. A reasonable concern for safety is clearly an important part of the process. ~ .' \ : ! THE INFORMATION SET PORTH IN THIS BUL.L.ETIN IS GENERAL. AND SUMMARY IN NATURE AND IS NOT INTENDED AS SPECIFIC L.EGAL. ADvice APPL.ICABL.E TO YOUR ASSOCIATION. IF YOU HAVE QUESTIONS REGARDING THE CONTENTS OF THIS RELEASE AS IT APPLIES TO YOUR SITUATION, PL.EASE CONTACT THE ASSOCIATION ATTORNEY RESPONSIBLE FOR YOUR FilE. IN ADDITION, WE WISH TO REAFFIRM THE FACT THAT THE PRINCIPLES OF LAW CITED HEREIN ARE SUBJECT TO CHANGE FROM TIME TO TIME. '-' ...., MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: July 11, 2000 Tape: 1 Convened: 10:25 a.m. Adjourned: 10:26 a.m. Commissioners Present: Chairman, Cliff Barnes, Frannie Hutchinson, Paula A. Lewis, Doug Coward, John D. Bruhn Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator; Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director; Ray Wazny, Public Works Director; Jim David, Mosquito Control Director, Deputy Nickel, A. Millie Delgado, Deputy Clerk 1. MINUTES It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the minutes of the meeting held June 27,2000; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Bruhn, seconded by Com. Coward, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The District approved Warrant List Nos. 40 and 41. 2. MOSQUITO CONTROL Indian River Lagoon License Plate Program Fiscal Year 2000/2001 Grant Acceptance- The District approved the following: A. To authorize the acceptance of an Indian River Lagoon License Plate Fiscal Year 2000 Grant in the amount of$38,753.27. B. To authorize the Chairman to execute South Florida Water Management District Contract No. C11299 pending County Attorney review and approval of the agreement. C. To approve Equipment Request No. EQOO-229- for the purchase and installation of a Web Cam System. -1- ~ """'" D. To authorize Quality Industries, Inc., to perform three pump upgrades in the amount of$13,100 under existing Contract No. C93-02-282 (as amended) thereby, waiving the bid process. E. To provide a match for the project from it's USFWS Grant for Vitolo Family Park in the amount $70,100 and to contribute a local in kind share totaling $2,419; Bringing the total project cost to $111,272.27. There being no further business to be brought before the District, the meeting was adjourned at 10:26 a.m. Chairman Clerk of Circuit Court -2- '-" ....,¡ " JULY 25, 2000 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT-Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ~ .....,¡ ßOARD OF COUNTY COMMISSIONERS www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA July 25, 2000 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held July 18, 2000. 2. PROCLAMATION/PRESENTATION A. Tax Collector - Mrs. Conrad and Bob Davis will present a Recapitulation of the 1999 Tax Roll. B. Resolution No. 00-162 -Proclaiming August 1, 2000 as "National Night Out" in St. Lucie County, Florida. C. 2000 Chili Cook Off / Exchange Club Castle - The Board of County Commissioners will present plaques awarded to the St. Lucie County Employees for their participation and fund raising efforts for the prevention of child abuse. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA _li'U".· JP PUBLIC HEARINGS 5. COUNTY ATTORNEY Ordinance No. 00-21 - Consider staff recommendation to adopt Ordinance No. 00- 21 Repealing Ordinance No. 99-25 Regulating Motor Vehicle Title Loans. NOTICE: All Proceedings before this Board are electronically recorded. Any p'erson who decides to app.eal any action taken by the Board at tfiese meetings "ViII need a record of the proceedings and for such purpos~ may n~ei;i to ensur~ t~at a verbatim record of the proceedings IS made. Upon the reç¡uest of any party to the proceedlpgs. mdlVlduals te.stlfymg during a hearing will be sworn in. Any party to the proceedmgs will be granted the opportUnity to cross-examme any indivloual testitying during a hearing upon request. Anyone with a disaòility re~uirin~ accommodation to attend thIs meeting should contact the St. Lucie County Community Services Manager at (56t) 462:-J777 or TDD (56t) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' .." REGULAR AGENDA JULy 25,2000 PAGE 1WO 6. MANAGEMENT AND BUDGET Approval of Millage Rates - Consider staff recommendation to approve the millage rates, approve submission of the rates to the Property Appraiser, and set dates for the Public Hearings. 7. COMMUNITY DEVELOPMENT Budget Resolution No. 00-159 - Consider staff recommendation to approve the revised Scope of Work approved by the Department of Community Affairs for a Mobile Home Inventory, authorize the Chairman to execute the Modification and approve the budget resolution to appropriate and expend the funds from the grant award. 8. LEISURE SERVICES Construction of Batting Cages - Consider staff recommendation to approve construction of four (4) batting cages at Elks Park, approve the use of Park A (Ft. Pierce) Impact Fees as the funding source for the County's share of the cost and accept the offer of $5,000 from the Ft. Pierce American League and $5,000 from the Ft. Pierce National League to be used towards the cost of the project. 9. ADMINISTRATION Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. '-' '.J CONSENT AGENDA Julv 25. 2000 1. WARRANTS LIST Approve warrants list No. 43 2. PUBLIC WORKS A. Bid Waiver to Approve a Repair Estimate from Quotation - Consider staff recommendation to approve the repair estimate, approve the request for bid waiver and authorize repair of a 1992 Kenworth Dump Truck by Freightliner Trucks of South Florida in the amount of $10,746.86. B. Contract Award - Consider staff recommendation to award the irrigation and sod contract for the South County Regional Sports Stadium to East Coast Sod & Landscape, Inc. in the amount of $133,690.96. C. Building & Zoning 1 Equipment Purchase - Consider staff recommendation to approve the purchase oflaptop computers instead of desktop computers. Desktop computers were approved in last years budget but not purchased. The increase in price is covered by savings in vehicle purchases. D. Solid Waste 1 Contract Cancellation 1 Sole Source Bid Waiver - Consider staff recommendation to cancel the current contract with Consolidated Resource Recovery for the processing and recycling of yard waste, effective September 30, 2000, authorize a sole source bid waiver to BP Technologies, and authorize the Chairman to sign the contract as prepared by the County Attorney. E. Contract Award - Consider staff recommendation to award the lighting contract for the South County Regional Sports Stadium to Florida Power & Light in the amount of $134,966. 3. COMMUNITY DEVELOPMENT A. Grant Application - Consider staff recommendation to authorize submission of a grant application to the North American Wetlands Conservation Act Grant Program (NA WCA) administered through the United States Fish and Wildlife Service (USFWS) to assist in the purchase of lands within the North Fork of the St. Lucie River CARL boundary, and authorize the County Administrator to sign the application form and other associated documents. B. Tourisml R.J. Gibson Invoices - Consider Tourist Development and staff recommendation to approve payment of the June invoices to R. ]. Gibson in the amount of $31,032.13. C. Midway Industrial Park Phase II 1 Final Plat Review - Consider staff recommendation to authorize the final processing of this minor subdivision plat, but direct that specific recording of the plat be withheld until the required conservation easements are completed and recorded and until the right-of-way conveyances for West Midway Road are recorded and accepted by St. Lucie County. '-" '-tI CONSENT AGENDA JULY 25,2000 PAGE TWO 4. UTILITIES Work Authorization Approval - Consider staff recommendation to approve the work authorization with Camp, Dresser & McKee for services at the South Hutchinson Island Wastewater Treatment Facility in an amount not to exceed $29,800. 5. HUMAN RESOURCES A. Budget Amendment No. 00-147 and Equipment Request No. 00-231 - Consider staff recommendation to approve the budget amendment and equipment request to purchase a computer for the Safety/OSHA position. The Board approved the computer in IT 00/01, and Equipment Request No. 01-013 will be deleted from the IT 00/01 budget. B. Group Health Insurance and TRICO Premiums for FY 00-01 - Consider insurance committee and staff recommendation for an increase in the group health insurance premium of 10% and the acceptance of a premium reduction in TRICO premium of 25%. C. Budget Amendment No. 00-148 and Equipment Request No. 00-232 - Consider staff recommendation to approve the budget amendment and equipment request to purchase a filing system for the Human Resources Department in the amount of $7,200. 6. INVESTMENT FOR THE FUTURE Work Authorization No.8 - Consider staff recommendation to approve the work authorization for the scope and fee proposal submitted by Jenkins & Charland, Inc. for engineering services to provide requested revisions to the construction documents for South Z 5th Street Bridge over 10-Mile Creek in the amount of $900, and authorize the Chairman to sign the work authorization. 7. MANAGEMENT AND BUDGET A. Budget Resolution No. 00-166 and Budget Resolution No. 00-167 - Consider staff recommendation to approve Budget Resolution No. 00-166 for the $24,000 addition to the Airport Maintenance Building grant from the Florida Department of Transportation, and to approve Budget Resolution No. 00-167 to appropriate and expend funds in the amount of $25,000 from the Florida Department of Transportation Airfield Signage Grant. B. Budget Resolution No. 00-160 - Consider staff recommendation to approve the budget resolution recognizing 50% reimbursement in the amount of $1,690,930.30 received from the Florida Communities Trust for the Bluefield Ranch Project No. 98-071-P8A. , '-" ..¡ CONSENT AGENDA JULY 25, 2000 PAGE THREE 7. MANAGEMENT AND BUDGET (CONTINUED) C. Budget Resolution No. 00-168 - Consider staff recommendation to accept the Bulletproof Vests Grant Award from the US Department of Justice in the amount of $3,648.11, authorize the County Administrator to sign the electronic grant award documents and approve the budget resolution to appropriate and expend the funds. 8. COUNTY ATTORNEY A. Contract Assignment - Consider staff recommendation to approve the Assignment of the April 21, 1997 contract between St. Lucie County and Dawn G. Kirk, P.A. and Stuart A. Webb, Esquire to: St. Lucie County and Dawn G. Kirk, P.A. for legal representation of indigents for dependency cases, and authorize the Chairman to sign the agreement upon obtaining all necessary signatures. B. Resolution No. 00-165 - Consider staff recommendation to adopt the proposed resolution approving the Reapportionment Plan for the St. Lucie Metropolitan Planning Organization. C. Permission to Advertise - Consider staff recommendation to approve the request for permission to advertise a Request for Proposals for lease of the North Dock on South Causeway Island. D. Permission to Advertise - Consider staff recommendation to grant permission to advertise proposed Ordinance No. 00-08 - Animal Licensing for a public hearing on August 15, 2000 at 7:00 p.m. or as soon thereafter as possible. 9. PURCHASING A. Bid No. 00-054 - SHIP Housing Repair Program / Hoskins House -Consider staff recommendation to award the bid to Jacobson Construction in the amount of $19,580 and authorize the Chairman to sign the contract as prepared by the County Attorney. B. RFP No. 00-033 / Roadway and Intersection Design - Consider staff recommendation to approve the short list: 1. Kimley-Horn & Associates 2. Inwood Consulting Engineers 3. American Consulting Engineers 4. Post, Buckley, Schuh & Jernigan 5. LBF&H approve the request for permission to enter into negotiations with all five firms, and authorize the Chairman to sign the contracts as prepared by the County Attorney. This item is re-agendaed from]une, 27, 2000 and]uly 11, 2000. '-' "wII CONSENT AGENDA JULY 25, 2000 PAGE FOUR 10. CENTRAL SERVICES Contract Extension - Consider staff recommendation to approve the contract extension with Paragon Termite & Pest Management through and including June 30,2001 and authorize the Chairman to sign the first extension. '-'" ....,¡ BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA July 25. 2000 CONSENT AGENDA COMMUNITY DEVELOPMENT A.1 Tourism / Contract Amendment - Consider staff recommendation to approve the proposed First Amendment to the Agreement with R. J. Gibson, Inc. and authorize the Chairman to sign the amendment upon receipt of the signed originals from R. J. Gibson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record ofthe proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ~ ..., AGENDA REQUEST ITEM NO. .A-I DATE: July 25, 2000 CONSENT X REGULAR PUBLIC HEARING BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ X] APPROVED [ ] OTHER: (5-0) County Attorney: Originating Dept.: Community Development/Tourism Division First Amendment to the March 3, 1998 J,' Gibson, Inc. for Advertising Services During the July 18, 2000 Commission meeting, Staff was dtrected by the Board to amend and extend the existing R. J. Gibson advertising contract for ninety (90) days, running from July 18 to October 16, 2000. This extended time frame will allow for the completion of the new visitor video, summer advertising campaign, and finalization of other ongoing projects. During this time, Staff will initiate the RFP process for advertising agencies. 611-5210-534000-500 Contractual Services Staff recommends that the Board of County Commissioners approve the proposed First Amendment to the Agreement with R. J. Gibson, Inc. and authorize the Chairman to sign the amendment upon receipt of the signed originals from R. J. Gibson. DENIED Coordination/Siqnatures ~ þ QJ-¡C., Man_g,m,n' , 'udg'" ~ Other: Purchasing: Other: Finance: (Check for Copy only, if applicable) FORMS\AGNREQ :? ... '-" ~ FIRST AMENDMENT TO MARCH 3, 1998 AGREEMENT Tms FIRST AMENDMENT, made and entered into this day of .2000, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and R. J. GIBSON, INC., as assignee of Mass Beach, Inc., d/b/a! MBI Marketing/Advertising, or his, its or their successors, executors, administrators, and assigns hereinafter called the "Consultant". WITNESSETH: WHEREAS, on March 3 1998, the County entered into an agreement for advertising services with Mass Beach, Inc., d/b/a MBI Marketing! Advertising ("MBI"), hereinafter referred to as the "Agreement", for the period March 1, 1998 through and including February 28,2000; and, WHEREAS, on March 9, 1999, the County consented to the assignment of the Agreement by MBI to the Consultant; and, WHEREAS, the parties desire to amend the Agreement to extend the term for an additional year through and including October 16, 2000, and to clarify the amount of annual compensation to be paid to the Consultant. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 4. TERM is hereby amended to read as follows: 4. TERM The term of this Agreement shall begin on March 1, 1998, and shall continue through and including October 16,2000. 2. Paragraph 6. COMPENSATION is hereby amended to read as follows: 6. COMPENSATION The Consultant shall be compensated for all services as outlined in Exhibit "A" and rendered under this Agreement in an annual amount not to exceed two hundred fifty thousand and 00/100 dollars ($250,000.00) as follows: A. Summer Campaign - Not to exceed eighty thousand and 00/1 00 dollars ($80,000.00). B. Fall Campaign - Not to exceed forty-five thousand and 00/100 dollars ($45,000.00). -1- .. '-'" ....tI C. Winter Campaign - Not to exceed thirty thousand and 00/100 dollars ($30,000.00). D. Production of six minute visitor video and two thirty second television commercials- Not to exceed forty-five thousand and 00/100 dollars ($45,000.00), including talent fees. E. Additional Services (Excluding Winter, Swnmer and Fall Campaigns)- Not to exceed fifty thousand and 00/100 dollars ($50,000.00). The compensation paid to the Consultant for services rendered hereunder shall be as authorized and approved as provided above and shall be calculated using the rate schedule attached hereto and incorporated herein as Exhibit "B". The budget for each subsequent year of the Agreement will be decided by the parties prior to February 1st each year. The Consultant shall submit detailed invoices with supporting backup information, including media affidavits for each television and radio commercial placed and tear sheets for each print advertisement, to the County when requesting payment. Such invoices include detail sufficient for pre-audit and post audit review by the County. 3. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this First Amendment upon the terms and conditions above stated on the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY -2- -, '" A TrEST: '-' ~ R. J. GffiSON, INC. SECRETARY BY: g:\agreemnt\1 a-rjgibson. wdp PRESIDENT (SEAL) -3- V'V"," UJ. II' I.,.caOCIII",,'IIC',"- .;J!UU, To: ST LUCIE TOUR At: 15614822132 Dt:I4IDU04 i ~U~-24-0U 1o:~~AMi t"sge 1/1 .~....J. .... ,.- J '-' ...." -1 GJISON .t.tI..rll.._¡: ..'''.,tlfl r¡"'þ.ic 0."._ F,. DIAl,. July 24, 2000 Gayla Barwick St. Lucie County Tourism Development Council 2300 Virginia Avenue Ft. Pierce, FL RE: SLC Video Dear Gayla: Per the Tourism ~vclopment Council meeting of July 5, 000, R.J. Gibson will produce a 6-niinute video with music and voice over us two :30 commercials and a :60 commercia) for a total of DO more $40,000.00. Additioru.lIly, C08t$ associated with talent and props for the videQ8 were approved at the aforementioned meeting and will not exc $5,000.00. If you need additional information, please do not hesitate t contact the undersigned. Very truly yours, MmyKa cGuíre: Freelance Consultant to RJ. Gibson, Inc. /~~~ Susan Caman.a R.J. Gibson, Inc. M8 W. h.J--. '-L Suite 2ß9 .Iupi=. IlIolidl ~ ~1 7-41 1....1 ~JC: '$61 7~J 14~~ b"p:f'_~CDm ...... r;\fIiboDn...,........_ . ...'.~"., . ~7/7J./~eøa 11:2~ 15619638357 :;:; - - - It< WTN3 - PAGE. 61 ;;. ....... ...." FIDDLER PRODUCTIONS, INC. PrOduc:lion Conb-.1 ~ 1 CIenI: fU CIbsot. ~ Address; 11'1 J U.S. HfghWOy One North Palm. Aorfda. 33408 Contact: lob GIbson I S18ve o.n/Mary Kay Phone: 561-&26-1800 Fœc S6J '''''-''64 1'miIsõt6 m/n and 2-30 second spoIs for Sf. Lucie CoUllfy Tourfsm De~pment. ~ Produce 6~min Ykfeo plus 2-30 recond tpoå: Prfc:e Includes fuß PI'OducfIon and ~Produdfod. 10 be shot on BETA-SP. Insert stock fooIage shots owned by Sf:. l.ucle County tourfsm Development. U. Sfoc:k Musk: . Helcoptw will be contocfed for 3hrs: 1.1 hr fravellme and J.5 /Irs for sbaotIng time ( rain or shine). I acldlfonat hellc:opW Hme Is hMlUhd by client or agency. it shaD be in excess or bvget. AccOl'ding to SCJipf 011 exIras are REAl PEOPlE i'om st. l.ucle area that will volunteer to be In Ykleo for no pay. These people or exIras will be cOOltllnchc:t wIIh Mary Kay and dent st. lucie CounIy Tour&f Deve/opmem at dlh.1NIf fifnes during the 4 cloy shoot. II Willlalce 1 travel day and 4 working days 10 shoot this PfOlect plus 2 full edItodol days wIIh CG graphic.. Dhc:tor/M DiIec:b will do Q Iocatlon scout befont sboolhg.. !ßm; Per telephone cOl1Yersalon (1/1112000) wIIh Mcuy Kay, II fafent Is 10 be hhd J shaI be non-unfon and In excess of buget and aOØncy shall PnwIde props and non-union VOIce over as n~~. 18ETA-Jp VlDfO) ~~JavI!lØ~ qod~ Producffon Datøs: August 3 to 7 Ecßtfng ~ OPèn Terms of Payment: A) S~ due upon signIng of contract 1 ,t\' . .~~\ 87/21/2886 11:2~ 15619638367 - H< I4<Th6 - -;." :- ~ "-' ...., I) Balance .. upon compldon of post PfOducIon ~a;~~~~~ .....~~~-=:.. ~~~~ t.-ot Date: ~uctjon" Inc: Qgtg;. Terms ansLConcJJlions: Fiddler Productions, Inc. makes no wœranty, express or implied, wIIh respect to the materfols or services provided by it. Addlfonally, once ma...... delÞtered to clent.. fJddr.r Prod~ Inc. Is no bnger resPØnSlble for mast. or for deIIv8I1ng mastèl' or video tapes to television stations, etc. aent agrees to hold Fiddler PtOduclons, Inc. harmless and indemnly the company or lis ownen agaInst suits.. claims, loss. or oIh_llablllty. ~Flddler Productions, Inc. and clent retain aU c:opyrfghts to al mcufers and footage. fiddler PJoductlons, Ine. may hold materials unID payment Is made in luØ and ....-ves the right to pfac. a lien on the cllenrs matelfals unll cHent balances are received. Note: Fax back signed conl~"'-1 to: 852 Fht Avenue South, Sole A. Naples, FL 34102 Phone (941) 435-1818; Fax (941) 435-1161 PAGE 82 2 ~ JUL 19 '00 10:47 FR SLCTC 5614622101 TO 2131 P.02/02 - .. '-" .." ~ lœQU.BS'1" XnM NO. .M. DATI: : REØtJ1AR [ J PDSLI'C JŒARI'NG C J CONSJ:NT C J TO; BOARD OF COUNTY COMMISSIONERS PRESENTED a:t"; SCBMITTED B~(DEPT): Dorothy J. Conrad & Sob Davis Presentation of the Recapitulation of the 1999 Tax Roll. Please place on Tuesday, July 25, 2000,9:00 S.m. agenda Also, Diane could we please have an Overhead Projector evailable SUBJECT: BACKGROCND: FUNDS AVA!l..: ~REVIOUS ACTION; RECOMMENDATION: ~SSXON ~'1"IONr [X} APPROVED l J OTHER: (5-0) J DENIED E: ~.. ancI ~. County A~t~rney: Manaq.ment I Bud~et PUol:Ohaa:1nq: Oriq~nattn9 Dept. Othe!:': Other: êinance: (Cheek tor Copy only, if applicaÞleJ___ Eff. 5/96 ** TOTAL PAGE.02 ** JUL 19 '00 10:47 FR SLCTC 5614622101 TO 2131 P.01/02 ~ 'oJ MAIN OIl'I'I¢a: Coumy M'nfl'QlrlÖClft lido. Z300 Vlrgin¡'- A~. I'on Pmce. FL ~5e52 (5e1) ""150 PuØ61~101 DOROTHYJ. CONRAD, CFC ST. LUCIE COUNTY TAX COLLECTOR ".0. lOx $Ot 'OAT 'IEROe.I'LOAIDA~~ 1~f\ ~ FAX PORT ST. I.UCIE ~FlCI; '\II~. Green c.ntet ø:uo S. F.,.. Hwy. Port Sl Lucf. FI" 30495t.2811S (56', 337.5100 FlU( (561) 3314t24 FROM: OFF'CE/DEP ARTMENT:Administration Pauline Mitchell SENDING FAX NUMBER 561-462-2101 CONTACT PHONE NO: 462-3550 TO THE A TTENTJON OF: Diane "rurner OFFICE/DEPARTMENT: County Administration RECEIVING FAX NUMBER: x2131 TRANSMISSION DATE: 7/19/00 TIME: Ð.m./p.m. NUMBER OF PAGES (including Cover sheet): 2 COMMENTS: Diane, as we discussed this morning, would you please place Dorothy J. Conrad, 8nd Bob Davis on the Tuesday, July 25, 2000, 9:03 a.m. Agenda? Would you also have an Overhead Projector available? THANKS! I WARNING: This ínformatíon Îs prepared .nd furniehed for informationðl purposG$ only. It does not constitute a title search or an opinion of title and i$ not intended for use a8 a title be" for the issuance of title insurance commitment and/or poricy. It mayor may not be an eccur.te repre..ntation of amounts due. Anyone u$íng this information unde..ltandsth.t the St. Luoi8 County Tax Collector Îs in no way resDOnsible for the accuracy of these fjour.s. RI;AL!$TA'TIIANDPiASONALPAOPeM'VT'AX!$' R8IORTTAXU. CQCUJI'ATIOIW.UCENN . At..AJW....RMITS AgerM lot OIPNlmENT 01' MOTOR VEHJCLã I DePAA'I\4ENT OF ENVlRONMaffAL PAO"ÆOTION (HuntIng. Fllhtno and 1ScatIng) WE ARE HAPPY TO BE OF "RVlCE TO YOU '-' 'WI AGENDA REOUEST ITEM NO. A DATE: July 25, 2000 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 00-162 - Proclaiming August 1,2000, as "NATIONAL NIGHT OUT" in St". Lucie County, Florida. BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 00-162 as drafted. [x] APPROVED [] DENIED [ ] OTHER: Sgt. Pellegrini will accept CE: COMMISSION ACTION: o glas Anderson unty Administrator County Attorney: 0t Review and Approvals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 ,. '-" ~ RESOLUTION NO. 00-162 A RESOLUTION PROCLAIMING AUGUST 1, 2000, AS "NATIONAL NIGHT OUT" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The National Association of Town Watch (NATW) is sponsoring a unique, nationwide crime and drug prevention program on Augustl, 2000 called National Night Out. 2. The 17th Annual National Night Out provides a unique opportunity for St. Lucie County to join the forces with thousands of other communities across the country in promoting cooperative police-community crime and efforts. 3. The Board of County Commissioners plays a vital role in assisting the St. Lucie County Sheriffs Department through joint crime and drug prevention efforts in St. Lucie County and is supporting National Night Out 2000 locally. 4. It is essential that all citizens of St. Lucie County be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime, drugs, and violence in St. Lucie County. 5. Police-community partnerships, neighborhood safety, awareness, and cooperation, are important themes of the National Night Out Program. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby proclaim August 1,2000, as "NATIONAL NIGHT OUT" in St. Lucie County, Florida. ," '-' ...., 2. This Board urges all residents of St. Lucie County to join this Board and the National Association of Town Watch in supporting the 17th Annual National Night Out on August 1,2000. PASSED AND DULY ADOPTED this 25th day of July, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY - 1. '-'" .""", ,,£RIJ" " . ~ ~11£riff ROBERT C. "Bobby" KNOWLES 4700 West Midway Road, Fort Pierce, Florida 34981 . >- J... ~ '~ cO Member National Sheriffs' Association Member Florida Sheriffs Association Telephone: (561) 461-7300· Fax: (561) 489-5851 1 \~ \ 10 ~~ . v /\) t \e,6(l)'\.I nil' ð)P (' I f 0o.-~\ ") C LQ,~ ~ to ~f\j t; '( . \; t- t:f ~\1; ìJ5~ 0f8 J\\; cf' {') \v \J XJ\y-f} .^, ~ cPr\' ~ Rþ\ C\.aO 'Ji ;I. June 27, 2000 Doug Anderson, County Administrator 2300 Virginia Avenue Fort Pierce, FL 34950 Dear Mr. Anderson: Once again National Night Out is quickly approaching. We anticipate that this year's event will be bigger and better than ever. For the past ten years, the Board of County Commissioners have recognized National Night Out by issuing a proclamation. We respectfully request that a proclamation declaring August 1, 2000, as National Night Out be adopted. We have enclosed a copy of last year's Proclamation for your convenience. Sincerely, Robert C. Knowles Sheriff By: Deputy ary Gonsalves, F.C.P.P. Crime revention Unit sr röJ, Œ © Œ U Wi Œ ml lIüí JUl - 3 2000 I ~I , ! ¡ : L_ __hu . _ _.J co. ADMiN. ~_:'!¡CE I IJ FilE No. 021 07/05 '00 10:33 TD:LANIERFAX6500 PAGE 1 -- -..- RESOLUTION NO~ I A RESOLUTION PROCLAIMING AUGUSU· ífj)ooo.-UHr AS "NATIONAL NIGHT OUT" IN ST. LUCIE COUNTY. FLOIUDA WHEREAS, the Board of County Comminionm of St. Lucie CounW. florida. hu made the following determinations: L The National AssocilitÎon of Town Watch (NA1W) i. span50ring a unique. nationwide crime and drug prevention program on Augusv(.~ called National Night Out. "7 I -;;?ØOd 2. Thc~ Annual NAtionaJ Nisht Out providoa a unique oppOrtunity for St. Lucie County to join the forces with thousands of otber communities acrO$! the country in promoting cooperative police-community crime and efforts. 3. The Board of County Commissioners plays a vital rol" in assisting the St. lAwio County Sheriff's Department through joint crime and druS prevention el(orts In St. Lucie County and is SU?portin~ NationlÙ Night Out~ looally. 'i1 ,ltH 4. 1t lc euenlial that all citi~enJ of St. Lucie County be awans of the Importance of crime prevention programs and impact that thelr participation can have 01'1 reducing crime, ~rug1. and violence in St. Lucie COUrl~Y, 5. Police-community partnerships, neighborhOod safety. aware:ness. and cooperation, arc Împört8[\( themes of the National Night Out Pro¡ram. NOW, 'l1!EREFORE. BE IT IŒSOLVED by tho Boarå of County Commissionors orSt. Lucie County, Florida: 1. ThIs Boa.rd does hereby proclaim AUßUIy(~s "NATIONAL NIGHT OUT" in St. Lucie County. Florida. ~~oo 2. This Board uri'~s all resident¡ of St.. Lucie County to join this Board and the National Association of Town Watc\1 in supporting me,W Annual National Nìgh1: Out On August': 1998. 17 I #!()OO. PASSED AND DULY A 001'1'ED tbÎIi ~ "'~ i . ......1 ~, U·M. A TrEST: BOARD OF' COUN"tY COMMISSIONERS ST. LUCIE COUNTl', FLORIDA BY:~~ 0- Cio-<L L , CHAIW\fA'N ~dd{f~ D PUTY CLE APPRIlOVED AS TO FORM AND ORRECTNES . VIti co \ -~, y' \.r AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney -,.rEM NO. ~ DATE: August 8,2000 REGULAR [ ] PUBLIC HEARING [x] CONSENT [ ] PRESENTED BY: Daniel S. Mcintyre County Attorney SUBJECT: Ordinance No. 00-21 - Repealing Ordinance No. 99-25 Regulating Motor Vehicle Title Loans BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 00-21.. COMMISSION ACTION: [x] APPROVED [] DENIED [ J_gTHER: [X] County Attorney: JJ Review and Approvals [ ]Managerr(ent & Budgt:t: .0 Originating Dept: [ 1 Public Works Director Effective 5/96 OFinance:(checkfor copy only, if applicable) [ ]Purchasing: [ ] Other "" ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. Mcintyre, County Attorney C.A. NO: 00-1075 DATE: July 18, 2000 SUBJECT: Ordinance No. 00-21 Repealing Ordinance No. 99-25 Regulating Motor Vehicle Title Loans BACKGROUND: On December 7, 1999, the Board adopted Ordinance No. 99-25, creating Article III of Chapter 1-14 of the Code of Ordinances regulating motor vehicle title loans. The Florida Legislature recently adopted Chapter 2000-138, Laws of Florida, the "Florida Title Loan Act", providing that title loans shall be regulated by the provisions of that act. Copies of Ordinance No. 99-25 and Chapter 2000-138, Laws of Florida, are attached. Although the new state law does allow the County to adopt stricter regulations than the state law, County staff recommends that the Board consider repealing Ordinance No. 99-25. It appears that the maximum interest rate allowed under the new state law, (i.e. 30 percent per annum on the first $2,000 of the principal amount, 24 percent per annum on the principal amount between $2,000 and $3,000 and 1870 per annum on the principal amount over $3,000) is stricter than the maximum interest rate allowed under Ordinance No. 99-25. Also attached is a coPy of Ordinance No. 00-21 which, if adopted, would repeal Ordinance No. 99-25. RECOM MENDA TION/CONCLUSION: DSM/cb Attachment " , ~'" '-tI. ORDINANCE NO. 99-25 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, AMENDING CHAPTER 1-14 "OFFENSES AND MISCELLANEOUS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY BY ADDING A NEW ARTICLE III ENTITLED "MOTOR VEHICLE TITLE LOANS"; PROVIDING FOR DEFINITIONS; PROVIDING FOR REGULATION OF MOTOR VEHICLE TITLE LOAN TRANSACTIONS; PROVIDING FOR ESTABLISHMENT OF A MAXIMUM INTEREST RATE CHARGEABLE BY THE LENDE~ PROVIDING FOR DISCLOSURES; PROVIDING FOR LICENSES AND FEES; PROVIDING FOR INSPECTING RECORDS AND PREMISES; PROVIDING FOR PENALTIES; PROVIDING FOR AN ADDITIONAL REMEDY OF THE BORROWER AND PRIVATE RIGHT OF ACTION; PROVIDING FOR A TRANSITION PERIOD FOR REGULATIONS, RESTRICTIONS AND LICENSEE PROVISIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY OF THE ORDINANCE COUNTY-WIDE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 538.17, Florida Statutes permits political subdivisions of the State of Florida to enact laws more restrictive than the provisions of Chapter 538, Part I, Florida Statutes; and, WHEREAS, St. Lucie County, Florida, as such a political subdivision finds that consumers within its jurisdiction are in need of greater consumer protection for motor * vehicle title loan transactions than are provided in Chapter 538, Part I, Florida Statutes, and has also determined that more restrictive provisions are necessary for the protection of St. Lucie County's consumers; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, that: "" '-" Part A. The Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding an Article to be numbered Article III, "Motor Vehicle Title Loans" in Chapter 1-14, "Offenses and Miscellaneous" which Article reads as follows: ARTICLE III. MOTOR VEHICLE TITLE LOANS Section 1-14-30. Definitions. ill "Title Loan Agreement" means a written agreement whereby a secondhand dealer agrees to make a loan of a soecific sum of monev to the owner of a motor vehicle. and the owner of the motor vehicle aqrees to give the secondhand dealer a security interest in a motor vehicle certificate of title owned by the borrower and encumbered onlv by a title loan agreement. ill "Secondhand dealer" has the same meaning as used in Section 538.03(1)(a). Florida Statutes. as it mav be amended from time to time. Section 1-14-31 Motor vehicle title loan transactions. A secondhand dealer reqistered under Chaoter 538. Part r. Florida Statutes. mav enqaqe in motor vehicle title loan transactions. as that term is used in Chapter 538. Part r. Florida Statutes. if the followinq conditions are met: ill The secondhand dealer maintains phvsical oossession of the motor vehicle certificate of title: and. (!;ù The borrower maintains possession of. or control over. the motor vehicle throughout the term of the loan: and. új The borrower is not required to pay rent or any other chanqe for the use of the motor vehicle: and. úU The secondhand dealer delivers to the borrower. at the time a loan is made. a statement showinq the loan amount. origination date. maturity date. . . .' . '-" ....., finance charges, a description of the security, the name and address of the borrower and the secondhand dealer, the rate of interest expressed in terms of annual oercentage rate, the total number of oayments required, and the total amount required to be oaid over the life of the loan. In the event the borrower"has a rioht to renew the loan, the secondhand dealer must deliver a statement with the information required herein for each renewal: and. .w The title loan agreement contains the followino statement orinted in not less than 14 point tvoe: ill "Your vehicle has been oledoed as security for this loan and if vou do not repay this loan in full, including the finance chanoer YOU WILL LOSE YOUR VEHICLE. Œl You are encouraoed to repay this loan at the end of the 30 dav oeriod. The lender may not be required to extend or renew your loan. It is important that you plan your finances so that you can repay this loan as soon as possible. .illil THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE AT A RATE LOWER THAN 2 1/2% PER MONTH OR AN ANNUAL . PERCENTAGE RATE OF 30%. _. .(jy) The borrower represents and warrants that the motor vehicle and the certificate of title is not stolen. it has no liens or encumbrances aoainst it. the borrower has the right to enter into this transaction. and the borrower will not attemot to sell the motor vehicle or aoplv for a duolicate certificate of title while the title loan aareement is in effect. and that doina so will be a violation of law. .. '-" ...., .w If you are a member of the Armed Forces of the United States of America. YOU may be eligible for financial assistance. You are urGed to explore these ootions with a representative of your commandina officer. .0LU Immediately above the siGnature of the borrower the statement that "L the borrower declare that the information I have orovided is true and correct and I have read and understand the foreGoinG document:. .0Lill The secondhand dealer must disolav, in a prominent place in the title loan premises. for customer viewinG. a sian no smaller than three feet by five feet with the following message written in letters no less than two inches hiGh: "IF YOU RECEIVE A TITLE LOAN. YOUR VEHICLE WILL BE PLEDGED AS SECURITY FOR THE LOAN, IF YOU DO NOT REPAY THIS LOAN IN FULL. INCLUDING ALL FINANCE CHARGES. YOU WILL LOSE YOUR VEHICLE. THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE A TITLE LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW MONEY FROM ANOTHER SOURCE AT AN INTEREST RATE LOWER THAN 2 1/2% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%. MEMBERS OF THE UNITED STATES ARMED SERVICES MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE AND THEY ARE URGED TO EXPLORE ALL OPTIONS WITH REPRESENTATIVES OF THEIR COMMANDING OFFICER." Section 1-14-32. Maximum Interest Rate. . Maximum interest rate. A secondhand dealer who engages in title loan transactions may not exceed the followinG interest rates: .'-" "wi ill A secondhand dealer may charge an interest rate not to exceed 2 112 percent per 30-day period the title loan agreement remains outstandina and unsatisfied. In determining compliance with the maximum interest and finance charges. the computation must be simDle interest and not add-on interest or any other interest comDutation. .Q;ù The annual percentaae rate that may be charaed in a motor vehicle title loan may equal. but not exceed. the annual percentage rate that must be computed and disclosed as required by the Federal Truth in Lendina Act and Reaulation Z of the Board of Governors of the Federal Reserve SYstem. When the period for which the charge is computed is more or less than one month. the maximum rate for the period must be computed on a basis of 1/30 the applicable monthlv interest rate. multiplied by the number of days of the period. ill Any transaction involvina a borrower's delivery of a motor vehicle certificate of title in exchanae for the advancement of funds on the condition that the borrower shall or may redeem or repurchase the certificate of title upon the payment of a sum of money. whether the transaction be characterized as "buy-sell aareement". "sale-leaseback aareement", or otherwise. shall be deemed a violation of this ordinance if such sum exceeds the amount that a secondhand dealer may collect in a i . title loan agreement under this ordinance or if the terms of the transaction otherwise _. conflict with the permitted terms and conditions of a title loan agreement under this ordinance. .úD Any fees or taxes paid to a state aaency and directly related to an individual title loan transaction may be collected from the borrower and shall be in addition to the Dermitted finance and interest charae. . '-' ,:>"'" . 'wtI ill No charGes, includinG interest, in excess of the combined total of all charGes permitted bv this section shall be allowed. Section 1-14-33. Transaction Satisfaction and Default ill When the title loan has been paid in full, the secondhand dealer shall deliver to the borrower a certificate of title clear of all encumbrances placed uoon the title bv the secondhand dealer within 30 davs of such payment in full. ill A secondhand dealer who enGages in title loan transactions mav take possession of the motor vehicle upon the borrowers default under the title loan aGreement. Unless the borrower voluntarilv surrenders the motor vehicle, the secondhand dealer may only take possession of a motor vehicle through an agent licensed by the State of Florida to repossess motor vehicles. ill A secondhand dealer who takes possession of a motor vehicle pursuant to this section shall comply with the applicable requirements of Chaoter 679, Part V, Florida Statutes, as is amended from time to time. ill Disposition of the collateral or motor vehicle mav be by public or orivate proceedinas and may be made by way of one or more contracts. Sale or other disposition may be as a unit or in Darts and at any time and olace and on any terms, but every aspect of the disposition including the method. manner, time, olace and if terms including surplus of the debt must be commercially reasonable. Section 1-14-34. Licenses. ill No secondhand dealer may enaaae in business as a title loan lender three months after the effective date of this ordinance unless the secondhand dealer has a valid license issued by St. Lucie County. A separate license will be reGuired for each ohysicallocation of title loan business. The County shall issue more than one license ~ ...., to an aoolicant if that aoolicant complies with the requirements of this Part for each license. ill An apolication for a license oursuant to this Part must be submitted to the County on such form as the County may orescribe. If the County determines that an apolication should be granted. it shall issue the license for a oeriod not to exceed two n t exceedin accompany an initial apolication for each title loan location. ill The County shall charae a biennial renewal fee of $1.000.00. A license that is not renewed at the end of each two-year oeriod shall automatically become inactive. An inactive license may be reactivated within 90 days after the date it became inactive uoon the submission of a completed reactivation form and payment of a reactivation fee not exceeding $200 and a biennial license fee of $1.000.00. No inactive license may be reactivated after 90 days. ill Each license must soecify the location for which it is issued and must be consoicuously disolayed at that location. When a licensee wishes to move a title loan office to another location. the licensee shall aive thirty (30) davs orior written notice to the County by certified or reçistered mail. return receipt requested. and the County shall then amend the license accordinalv. A license issued oursuant to this Part is not . transferable or assianable. ill Books. accounts and records: maintenance and examinations bv the Cou nty . W Each licensee shall maintain. at the orincioal place of business desianated on the license. all books. accounts. records. and documents necessary to determine the licensee's compliance with this Part. ·~ "wi ill The County may authorize maintenance of records at a location other than a principal olace of business. The County may reauire books and records to be oroduced and available at a reasonable and convenient location within the County. ill All books. accounts. records. documents and receiots for expenses paid bv the licensee on behalf of the borrower. includinq each contract signed bv the borrower and expenses incurred by the licensee in event of foreclosure and property recoverv. will be preserved and kept available for examination bv the County for two (2) years after the date of oriainal entry. ú1l The County may prescribe by resolution the minimum information to be shown in the books. accounts. records. and documents of licensees so that such records will enable the County to determine the licensee's comoliance with this Part. f.Q.l Each licensee shall designate and maintain an agent in this state for service of orocess. ill A licensee must applY to the County for a new license uoon a chanae in ownershio of 25% or more by a natural person in any title loan location or office. No application for a license or an application for transfer of an existing license is reauired for any chanae. directly. or beneficially. in the ownership of a title loan location if one . or more of the holders of at least 75 percent of the outstandina equity interest in the title loan location or office before the chanae in ownershio continue to hold at least 75 percent of the outstandina equity interest in the title loan location or office after the chanae in ownershio. .au To be eliaible for a title loan lendina license. an apolicant shall: ill File with the County a bond in the amount of $35.000.00 for each license with a surety company qualified to do business in this state. In lieu of the '-' ...., bond. the aoplicant may establish a certificate of deoosit or an irrevocable letter of credit in a Florida financial institution in the amount of the bond. The original bond. certificate of deoosit. or letter of credit shall be filed with the County and the County shall be the beneficiary of such instrument. The bond. certificate of deoosit. or letter of credit shall be in favor of the County for the use and benefit of any consumer who is injured in the context of a title loan transaction by the fraud. misreoresentation. breach of contract. financial failure. unfair or deceptive trade oractice. disclosure violation or violations of any provisions of this Part by the licensee. Such liability shall be enforced by the filing of a suit in a court of competent iurisdiction. ill Not have been convicted of a felony within the last ten years or be actina on behalf of a beneficial owner who has been convicted of a felony within the last ten years. ill Not have been convicted. nor acting on behalf of a beneficial owner who has been convicted. of a crime that the County finds directly related to the duties and responsibilities of a title loan lender within the oast ten Years. ill The County shall determine the form of the license. í.1Ql No part of this ordinance may be construed to imoair or affect the obliaation of any title loan aareement which was lawfully entered into prior to the f effective date of this ordinance. -- U1l Licensees shall report chanaes in address. location of records. and any chanae of an executive officer within 30 days of the chanae. Section 1-14-35. Violations and Penalties. ill The following acts are violations of this Part and shall constitute arounds for disciplinary action: '-' ...." W Failure to comoly with any orovision of this Part. rule adopted under this Part by the County or any written agreement entered into with the Countv. ill Fraud. misrepresentation. deceit or Gross neGligence in any title loan transaction. [çl Fraudulent misreoresentation. circumvention. or concealment of any matter required to be stated or furnished to a consumer pursuant to this Part. @ Willful imposition of illeaal charaes on any title loan transaction. W False. deceptive. or misleadina advertising by a licensee. ill Failure to maintain. oreserve and keep available for examination. al! books. accounts. or other documents required by this Part. state or federal law. or by any aareement entered into with the County. ,(g} AidinG. abetting. or consoirina with an- individual to circumvent or violate any of the requirements of this Part. state or federal law. relating to title loan aareements. !.h.l Refusal to permit inspection of books or records in an investiaation or examination by the County or refusal to complY with a subpoena issued by the County. ill \ lender. -- ill Criminal conduct in the course of a licensee's business as a title Knowingly entering into a title loan aGreement with a person under the age of 18 years. ill Making anv agreement requirina or allowina for the oersonal liability of a oledaor or the waiver of any of the orovisions of this Part. ill KnowinGly enterinG into a title loan aGreement with any oerson who is under the influence of druGs or alcohol when such condition is visible or aoparent. '-" ""wtI or with any person usina a name other than his own name or the reaistered name of his business. únl Enterina into a title loan aareement in which the amount of money advanced in consideration for the loan secured by any sinale certificate of title exceeds one third of the value of the motor vehicle. The County. shall determine the method of assessing the value of the pledged prooerty. f.nl Failure to exercise reasonable care in the safekeeoing of the certificate of title or motor vehicle repossessed pursuant to this Part. ,(Ql Failure to return the certificate of title or motor vehicle taken into possession to a borrower. with any and all of the title lender's liens on the prooertv properly released. within 30 days of the payment of the full amount due. unless the prooertv has been seized or impounded by an authorized law enforcement aaency. taken into custody by a court. or otherwise disposed of by court order. ú:ù.. Charging or receiving any finance charae. interest. cost. or fee which is not permitted by his Part. .(g.l Enaaaina in business as a title lender without first securina the required license. . .cd Refusing to acceot oartial reoayment of the amount financed when all accrued finance charges have been oaid. W Charaina a prepayment penaltv. ill Caoitalizing any unpaid finance charae as Dart of the amount financed in the renewal of a title loan agreement. M Adina as a title loan lender in St. Lucie Countv three months after the effective date of this ordinance without a current. active license issued by the Countv pursuant to this Part. .- '-' -....I .w Engaaing in anv oractice or transaction or course of business relatina to the making of a title loan. negotiation. oromotion. advertisement or hvoothecation of a title loan transaction, directlv or indirectlv: and, ill To knowinglv or willingly emplov anv devise. scheme or article to defraud: ill To engaae in any transaction. practice or course of business which operates as a fraud uoon any person in connection with the ourchase or sale of anv title loan: lliü To obtain property bv fraud, willful misreoresentation of a future act or false oromise. .M In any manner within the iurisdiction of the County. to knowinalv and willfullv falsify. conceal or cover up by a trick. scheme or devise a material fact, make anv false or fraudulent statement or reoresentation, or make or use anv false writing or document. knowina the same to contain anv false or fraudulent statement or entry. úù Commission of fraud. misrepresentation. concealment, dishonest dealina bv trick, scheme or device. culpable nealiaence, or breach of trust in any title loan transaction which is within the jurisdiction of this Countv: or aiding. assistina, or IE conspirina with any other person p.ngaged in anv such misconduct and in furtherance .- thereof. ill Uoon a findina bv the County that the licensee or apolicant has committed anv of the acts set forth in subsection (a) hereof. the Countv may enter an order and take one or more of the following actions: @} Deny the aoolication for a license Dursuant to this ordinance. ;1~ '-" """'" (Ql Revoke or susoend a license oreviouslv aranted oursuant to this Part. .ú:.l Place a licensee or applicant for a license on probation for a period of time and subiect to such conditions as the County may soecify. [Ql Issue a letter of concern or reprimand. Lel Place oermanent restrictions or conditions upon issuance or maintenance of a license pursuant to this ordinance. ill Impose an administrative fine not to exceed $2.500.00 for each violation of this Part. (g.l The County shall be entitled to a reasonable attorney's fees. includina appellate fees and costs. in an action successfullv enforcing any fine imposed under this Part. ill When the County has reasonable cause to believe that a licensee is operating in violation of this Part. it may bring a civil action in anv court of comoetent jurisdiction to enforce or administer this Part includina a temoorarv or permanent injunction. or apoointment of a receiver. ill The County may adopt reaulations which set forth with soecificity acts or practices which violate this Part and which prescribe procedural rules for the , administration of this Part. Section 1-14-36. Additional remedy to borrower, Drivate riaht of action. Anv borrower iniured bv a violation of this part may brina an action for recoverv of damaaes includina twice the interest oreviouslv oaid and the forfeiture of all interest charaed. or contracted to be charaed or reserved. Said borrower may recover reasonable attorney's fees and costs of such action. An award may be entered for ..... '-' ~ punitive damages. The remedies Drovided for under this Dart are in addition to any other procedures or remedies for any violation provided in any other law or ordinance. Section 1-14-47 Transition period for regulations. restrictions, and licensure provisions. Each secondhand dealer operating as a title loan lender on the effective date of this ordinance shall have three months from the effective date of this ordinance to comDly with the regulations. restrictions. and licensure provisions of this Part before the County may initiate any administrative or civil action. or refer a matter for criminal prosecution. Part B. Conflict by Provisions. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict, as of the effective date of this ordinance. Part C. Severability. If any word, phrase, clause, section, or portion of this Ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a separate and independent provision and such holding shall not affect the validity of the remaining portions thereof. . . Part D. Applicability - County-wide This ordinance shall be applicable county-wide except where in conflict with an adopted municipal ordinance to the extent of the conflict. Part E. Effective Date. This ordinance shall be effective on January 1, 2000. ,- '-' . ....,.¡ Part F. Adoption. After motion and second, the vote on this ordinance was as follows: COmIIÚssioner Doug Coward COmIIÚssioner Paula A. Lewis AYE AYE AYE AYE AYE Chainnan John D. Bruhn Vice Chairman Frannie Hutchinson COmIIÚssioner Cliff Barnes Section 5. Codification. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section, "article", or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through E shall not be codified. PASSED AND DULY ADOPTED this 7th day of December, 1999. lONERS BY: BY: AND '-' CHAPTER 2000-138 ......, Committee Substitute for House Bill No. 301 An act relating to title loan transactions; creating the "Florida Title Loan Act"; providing legislative intent; providing definitions; requir- ing licensure by the Department of Banking and Finance to act as a title loan lender; providing for application for licensure; requiring a bond, a nonrefundable application fee, a nonrefundable investiga- tion fee, and fingerprinting; providing for waiver of fingerprinting; providing for inactive licenses; providing for renewal and reactiva- tion of licenses; providing for a renewal fee and a reactivation fee; providing for disposition of certain moneys; providing for acquisition of an interest in a licensee under certain circumstance; providing for denial, suspension, or revocation of license; specifying acts which constitute violations for which certain disciplinary actions may be taken; providing a fine; providing remedies for title loans made or serviced without licensure; providing for a title loan agreement; providing requirements; providing for reclaiming a repossessed motor vehicle under certain circumstances; providing entitlement to certain excess proceeds of a sale or disposal of a motor vehicle; providing for recordkeeping and reporting and safekeeping of prop- erty; providing for title loan interest rates; providing requirements and limitations; providing for extensions; providing for return of principal and interest to the borrower under certain circumstance; providing a holding period when there is a failure to reclaim; provid- ing for the disposal of pledged property; providing for disposition of excess proceeds; prohibiting certain acts; providing for the right to reclaim; providing for lost title loan agreements; providing for a title loan lenders lien; providing for criminal penalties; providing for subpoenas, enforcement of actions, and rules; providing for investi- gations and complaints; authorizing the department to adopt rules; amending ss. 538.03 and 538.16, F.S.; deleting provisions relating to title loan transactions; providing for more restrictive local ordi- nances; providing an appropriation; repealing ss. 538.03(1)(i), 538.06(5), and 538.15(4) and (5), F.S., relating to title loan transac- tions by secondhand dealers; providing severability; providing effec- tive dates. Be It Enacted by the Legislature of the State of Florida: Section 1. Short title.- This act may be cited as the "Florida Title Loan Act." Section 2. Legislative intent.-It is the intent ofthe Legislature that title loans shall be regulated by the provisions of this act. The provisions of this act shall supersede any other provisions of state law affecting title loans to the extent of any conflict. Section 3. Definitions.-As used in this act. unless the context otherwise requires: 1 CODING: Words strickon are deletions; words underlined are additions. '-' '....I Ch. 2000-138 LAWS OF FLORIDA Ch. 2000-138 0) "Commercially reasonable" has the same meaning as used in part V of chapter 679. Florida Statutes. In addition. nonpublic sales or disposal of personal property between a title loan lender and any business affiliates of a title loan lender or a member of a title loan lender's family are presumed not to be made in a commercially reasonable manner. (2) "Department" means the Department of Banking and Finance. (3) "Executive officer" means the president. chief executive officer, chief financial officer, chief operating officer. executive vice president, senior vice president, secretary, and treasurer. (4) "Identification" means a government-issued photographic identifica- tion. (5) "Interest" means the cost of obtaining a title loan and includes any profit or advantage of any kind whatsoever that a title loan lender may charge, contract for. collect. receive. or in any way obtain as a result of a title loan. (6) "License" means a permit issued under this act to make or service title loans in accordance with this act at a single title loan office. (7) "Licensee" means a person who is licensed as a title loan lender. (8) "Loan property" means any motor vehicle certificate of title that is deposited with a title loan lender as a security for a title loan in the course of the title loan lender's business. (9) "Motor vehicle" means an automobile, motorcycle. mobile home, truck, trailer, semitrailer. truck tractor and semitrailer combination. or any other vehicle operated on the public highways and streets of this state, used to transport persons or property, and propelled by power other than muscu- lar power, but excluding a vehicle which runs only upon a track and a mobile home that is the primary residence of the owner. (10) "Title loan" or "loan" means a loan of money secured by bailment of a certificate of title to a motor vehicle, except such loan made by a person licensed under chapter 516, chapter 520, chapter 655, chapter 657, chapter 658, chapter 660, chapter 663, chapter 665. or chapter 667, Florida Statutes. or a person who complies with s. 687.03, Florida Statutes. (11) "Title loan agreement" or "agreement" means a written agreement in which a title loan lender agrees to make a title loan to a borrower. (12) "Title loan lender" or "lender" means any person who engages in the business of making or servicing title loans. (13) "Title loan office" means the location at which. or premises from which, a title loan lender regularly conducts business under this chapter or any other location that is held out to the public as a location at which a lender makes or services title loans. 2 CODING: Words strickon are deletions: words underlined are additions. Ch. 2000-138 v LAWS OF FLORIDA '...I Ch. 2000-138 (I 4) "Titled personal property" means a motor vehicle that has as evi- dence of ownership a state-issued certificate of title except for a mobile home that is the primary residence of the borrower. (I 5) "Ultimate equitable owner" means a person who. directly or indi- rectly. owns or controls an ownership interest in a corporation, a foreign corporation, an alien business organization. or any other form of business organization. regardless of whether such person owns or controls such own- ership interest through one or more persons or one or more proxies, powers of attorney. nominees. corporations. associations. partnerships, trusts. ioint stock companies. or other entities or devices. or any combination thereof. Section 4. License required: license fees.- (1) A person may not act as a title loan lender or own or operate a title loan office unless such person has an active title loan lender license issued by the department under this act. A title loan lender may not own or operate more than one title loan office unless the lender obtains a separate title loan lender license for each title loan office. (2) A person applying for licensure as a title loan lender shall file with the department an application. the bond required by section 5 (3), a nonre- fundable application fee of $1,200, a nonrefundable investigation fee of $200, and a complete set of fingerprints taken by an authorized law enforcement officer. The department shall submit such fingerprints to the Department of Law Enforcement for state processing and the Department of Law En- forcement shall forward the fingerprints to the Federal Bureau of Investiga- tion for national processing. (3) If the department determines that an application should be approved, the department shall issue a license for a period not to exceed 2 years. (4) A license shall be renewed biennially by filing a renewal form and a nonrefundable renewal fee of $1.200. A license that is not renewed by the end of the biennial period shall automatically revert to inactive status. An inactive license may be reactivated within 6 months after becoming inactive by filing a reactivation form, payment of the nonrefundable $1.200 renewal fee. and payment of a nonrefundable reactivation fee of $600. A license that is not reactivated within 6 months after becoming inactive may not be reactivated and shall automatically expire. The department shall establish by rule the procedures for renewal and reactivation of a license and shall adopt a renewal form and a reactivation form. (5) Each license must be conspicuously displayed at the title loan office. When a licensee wishes to move a title loan office to another location. the licensee shall provide prior written notice to the department. (6) A license issued pursuant to this act is not transferable or assignable. (7) Each licensee shall designate and maintain a registered agent in this state for service of process. (8) Whenever a person or a group of persons. directly or indirectly or acting by or through one or more persons. proposes to purchase or acquire 3 CODING: Words stricken are deletions; words underlined are additions. Ch. 2000-138 ¥ LAWS OF FLORIDA ...,.¡ Ch. 2000-138 a 50 percent or more interest in a licensee, such person or group shall submit an initial application for licensure under this act prior to such purchase or acquisition. (9) The department may adopt rules to allow [or electronic filing of appli- cations, fees, and forms required by this act. (10) All moneys collected by the department under this act shall be de- posited into the Regulatory Trust Fund of the Department of Banking and Finance. Section 5. Application for license.- (1) A verified application for licensure under this act, in the form pre- scribed by department rule. shall: (a) Contain the name and the residence and business address of the applicant. If the applicant is other than a natural person. the application shall contain the name and the residence and business address of each ultimate equitable owner of 10 percent or more of such entity and each director, general partner, and executive officer of such entity. (b) State whether any individual identified in paragraph (a) has, within the last 10 years, pleaded nolo contendere to. or has been convicted or found guilty of. a felony. regardless of whether adiudication was withheld. (d Identify the county and municipality with the street and number or location where the business is to be conducted. (d) Contain additional information as the department determines by rule to be necessary to ensure compliance with this act. (2) Notwithstanding subsection (1). the application need not state the full name and address of each officer. director. and shareholder if the appli- cant is owned directly or beneficially by a person who as an issuer has a class of securities registered pursuant to section 12 of the Securities Exchange Act of 1934 or, pursuant to section 13 or section l5(d) of such act, is an issuer of securities which is required to file reports with the Securities and Ex- change Commission, if the person files with the department any informa- tion. documents. and reports required by such act to be filed with the Securi- ties and Exchange Commission. (3) An applicant for licensure shall file with the department a bond, in the amount of $100.000 for each license. with a surety company qualified to do business in this state. However, in no event shall the aggregate amount of the bond required for a single title loan lender exceed $1 million. In lieu of the bond, the applicant may establish a certificate of deposit or an irrevo- cable letter of credit in a financial institution, as defined in s. 655.005. Florida Statutes. in the amount of the bond. The original bond. certificate of deposit. or letter of credit shall be filed with the department, and the department shall be the beneficiary to that document. The bond. certificate of deposit. or letter of credit shall be in favor of the department for the use and benefit of any consumer who is iniured pursuant to a title loan transac- tion by the fraud, misrepresentation. breach of contract, financial failure. or 4 CODING: Words stricken are deletions; words underlined are additions. Ch. 2000-138 v LAWS OF FLORIDA "-I Ch. 2000-138 violation of any provision of this act by the title loan lender. Such liability may be enforced either by proceeding in an administrative action or by filing a iudicial suit at law in a court of competent jurisdiction. However, in such court suit. the bond. certificate of deposit, or letter of credit posted with the department shall not be amenable or subject to any judgment or other legal process issuing out of or from such court in connection with such lawsuit. but such bond, certificate of deposit, or letter of credit shall be amenable to and enforceable only by and through administrative proceedings before the department. It is the intent of the Legislature that such bond, certificate of deposit, or letter of credit shall be applicable and liable only for the payment of claims dulv adiudicated by order of the department. The bond. certificate of deposit. or letter of credit shall be payable on a pro rata basis as deter- mined by the department, but the aggregate amount may not exceed the amount of the bond. certificate of deposit, or letter of credit. (4) The department shall approve an application and issue a license if the department determines that the applicant satisfies the requirements of this act. Section 6. Denial. suspension, or revocation of license.- (1) The following acts are violations of this act and constitute grounds for the disciplinary actions specified in subsection (2): (a) Failure to comply with any provision of this act. any rule or order adopted pursuant to this act. or any written agreement entered into with the department. (b) Fraud. misrepresentation. deceit, or gross negligence in any title loan transaction, regardless of reliance by or damage to the borrower. (c) Fraudulent misrepresentation, circumvention, or concealment of any matter required to be stated or furnished to a borrower pursuant to this act, regardless of reliance by or damage to the borrower. (d) Imposition of illegal or excessive charges in any title loan transaction. (e) False. deceptive. or misleading advertising by a title loan lender. (£) Failure to maintain. preserve. and keep available for examination all books. accounts. or other documents required by this act. by any rule or order adopted pursuant to this act. or by any agreement entered into with the department. (g) Aiding. abetting, or conspiring by a title loan lender with a person to circumvent or violate any of the requirements of this act. (h) Refusal to provide information upon request of the department, to permit inspection of books and records in an investigation or examination by the department. or to comply with a subpoena issued by the department. (i) Pleading nolo contendere to or having been convicted or found guilty, regardless of whether adjudication was withheld, of a crime involving fraud, dishonest dealing. or any act of moral turpitude or acting as an ultimate 5 CODING: Words strick on are deletions; words underlined are additions. Ch. 2000-138 '-" equitable owner of 10 percent or more of a licensee who has pled nolo contendere to or has been convicted or found guilty. regardless of whether adjudication was withheld. of a crime involving fraud. dishonest dealing. or any act of moral turpitude. LA WS OF FLORIDA Ch. 2000-138 '-' (j) Making or having made material misstatement of fact in an initial or renewal application for a license. (k) Having been the subject of any decision. finding. injunction, suspen- sion. prohibition. revocation. denial. judgment. or administrative order by any court of competent jurisdiction or administrative law judge. or by any state or federal agency. involving a violation of any federal or state law relating to title loans or any rule or regulation adopted under such law. or has been the subject of any injunction or adverse administrative order by a state or federal agency regulating banking. insurance. finance or small loan companies. real estate, mortgage brokers, or other related or similar indus- tries for acts involving fraud. dishonest dealing. or any act of moral turpi- tude. (I) Failing to continuously maintain the bond. certificate of deposit. or letter of credit required by section 5 (3) . (m) Failing to timely pay any fee. charge, or fine imposed or assessed pursuant to this act or rules adopted under this act. (n) Having a license or registration. or the equivalent. to practice any profession or occupation denied, suspended, revoked, or otherwise acted against by a licensing authority in any iurisdiction for fraud, dishonest dealing. or any act of moral turpitude. (0) Having demonstrated unworthiness. as defined by department rule. to transact the business of a title loan lender. (2) Upon a finding by the department that any person has committed any of the acts set forth in subsection (1). the department 'may enter an order taking one or more of the following actions: (a) Denying an application for licensure under this act. (b) Revoking or suspending a license previously granted pursuant to this act. (c) Placing a licensee or an applicant for a license on probation for a period of time and subject to such conditions as the department specifies. (d) Issuing a reprimand. (e) Imposing an administrative fine not to exceed $5.000 for each sepa- rate act or violation. (3) If a person seeking licensure is anything other than a natural person. the eligibility requirements of this section apply to each direct or ultimate equitable owner of 10 percent or more of the outstanding equity interest of such entity and to each director. general partner. and executive officer. 6 CODING: Words strickon are deletions; words underlined are additions. Ch. 2000-138 LAWS OF FLORIDA Ch. 2000-138 ~ -....I (4) It is sufficient cause for the department to take any of the actions specified in subsection (2). as to any entity other than a natural person, if the department finds grounds for such action as to any member of such entity. as to any executive officer or director ofthe entity, or as to any person with power to direct the management or policies of the entity. (5) Each licensee is subiect to the provisions of subsection (2) for the acts of employees and agents of the licensee if the licensee knew or should have known about such acts. (6) Licensure under this act may be denied or any license issued under this act may be suspended or restricted if an applicant or licensee is charged. in a pending enforcement action or pending criminal prosecution. with any conduct that would authorize denial or revocation under this section. Section 7. Remedies for title loans made without licensure.-Any title loan made without benefit of a license is void, in which case the person making the title loan forfeits the right to collect any moneys, including principal and interest charged on the title loan, from the borrower in connec- tion with such agreement. The person making the title loan shall return to the borrower the loan property. the titled personal property pledged or the fair market value of such titled personal property, and all principal and interest paid by the borrower. The borrower is entitled to receive reasonable attorney's fees and costs in any action brought by the borrower to recover from the person making the title loan the loan property. the titled personal property. or the principal and interest paid by the borrower. Section 8. Title loan agreement.- (1) At the time a title loan lender makes a title loan, the lender and the borrower shall execute a title loan agreement, which shall be legibly typed or written in indelible ink and completed as to all essential provisions prior to execution by the borrower and lender. The title loan agreement shall include the following information: (a) The make. model. and year of the titled personal property to which the loan property relates. (b) The vehicle identification number, or other comparable identification number. along with the license plate number, if applicable, of the titled personal property to which the loan property relates. (d The name, residential address, date of birth, physical description, and social security number of the borrower. (d) The date the title loan agreement is executed by the title loan lender and the borrower. (e) The identification number and the type of identification, including the issuing agency, accepted from the borrower. (t) The amount of money advanced. designated as the "amount financed." 7 CODING: Words strickon are deletions; words underlined are additions. Ch. 2000-138 LAWS OF FLORIDA Ch. 2000-138 '-' "wi (g) The maturity date of the title loan agreement. which shall be 30 days after the date the title loan agreement is executed by the title loan lender and the borrower. (h) The total title loan interest payable on the maturity date. designated as the "finance charge." (i) The amount financed plus finance charge, which must be paid to reclaim the loan property on the maturity date, designated as the "total amount of all payments." (j) The interest rate. computed in accordance with the regulations adopted by the Federal Reserve Board pursuant to the Federal Truth-in- Lending Act, designated as the "annual percentage rate." (2) The following information shall also be printed on all title loan agree- ments: (a) The name and physical address of the title loan office. (b) The name and address of the department as well as a telephone number to which consumers may address complaints. (c) The following statement in not less than 12-point type that: 1. If the borrower fails to repay the full amount of the title loan on or before the end of the maturity date or any extension of the maturity date and fails to make a payment on the title loan within 30 days after the end of the maturity date or any extension of the maturity date. whichever is later, the title loan lender may take possession of the borrower's motor vehicle and sell the vehicle in the manner provided by law. If the vehicle is sold. the borrower is entitled to any proceeds of the sale in excess of the amount owed on the title loan and the reasonable expenses of repossession and sale. 2. If the title loan agreement is lost. destroyed. or stolen. the borrower should immediately so advise the issuing title loan lender in writing. (d) The statement that "The borrower represents and warrants that the titled personal property to which the loan property relates is not stolen and has no liens or encumbrances against it. the borrower has the right to enter into this transaction. and the borrower will not apply for a duplicate certifi- cate of title while the title loan agreement is in effect. " (e) A blank line for the signature of the borrower and the title loan lender or the lender's agent. All owners of the titled personal property must sign the title loan agree- ment. (3) At the time of the transaction, the title loan lender shall deliver to the borrower an exact copy of the executed title loan agreement. (4) Upon execution of a title loan agreement. the title loan lender may take possession of the loan property and retain possession of such property 8 CODING: Words stricken are deletions; words underlined are additions. Ch. 2000-138 LA WS OF FLORIDA Ch. 2000-138 ~ -...I until such property is redeemed. The borrower shall have the exclusive right to redeem the loan property by repaying all amounts legally due under the agreement. When the loan property is redeemed, the lender shall immedi- ately return the loan property and commence action to release any security interest in the titled personal property. During the term of the agreement or any extension of the agreement, a title loan lender may retain physical possession of the loan property only. A title loan lender shall not require a borrower to provide any additional security or guaranty as a condition to entering into a title loan transaction. Section 9. Recordkeeping: reporting: safekeeping of property.- (1) Every title loan lender shall maintain, at the lender's title loan office. such books. accounts, and records of the business conducted under the li- cense issued for such place of business as will enable the department to determine the licensee's compliance with this act. (2) The department may authorize the maintenance of books, accounts, and records at a location other than the lender's title loan office. The depart- ment may require books. accounts, and records to be produced and available at a reasonable and convenient location in this state within a reasonable period of time after such a request. (3) The title loan lender shall maintain the original copy of each com- pleted title loan agreement on the title loan office premises. and shall not obliterate, discard. or destroy any such original copy, for a period of at least 2 years after making the final entry on any loan recorded in such office or after a department examination. whichever is later. (4) Loan property which is delivered to a title loan lender shall be se- curely stored and maintained at the title loan office unless the loan property has been forwarded to the appropriate state agency for the purpose of having a lien recorded or deleted. (5) The department may prescribe by rule the books. accounts. and rec- ords. and the minimum information to be shown in the books, accounts, and records, of licensees so that such records will enable the department to determine compliance with the provisions of this act. Section 10. Title loan charges.- (1 ) A title loan lender may charge a maximum interest rate of 30 percent per annum computed on the first $2.000 of the principal amount. 24 percent per annum on that part of the principal amount exceeding $2,000 and not exceeding $3,000, and 18 percent per annum on that part of the principal amount exceeding $3.000. The original principal amount is the same amount as the amount financed, as defined by the federal Truth in Lending Act and Regulation Z of the Board of Governors of the Federal Reserve System. In determining compliance with the statutory maximum interest, the computations must be simple interest and not add-on interest or any other computations. When two or more interest rates are to be applied to the principal amount. the lender may charge interest at that single annual percentage rate which, if applied according to the actuarial method to each 9 CODING: Words stricken are deletions; words underlined are additions. Ch. 2000-138 \w' LAWS OF FLORIDA ..." Ch. 2000-138 of the scheduled periodic balances of principal. would produce at maturity the same total amount of interest as would result from the application of the two or more rates otherwise permitted. based upon the assumption that all payments are made as agreed. (Z) The annual percentage rate that may be charged for a title loan may equal. but not exceed. the annual percentage rate that must be computed and disclosed as required by the federal Truth in Lending Act and Regula- tion Z of the Board of Governors of the Federal Reserve System. The maxi- mum annual percentage rate of interest that may be charged is 12 times the maximum monthly rate, and the maximum monthly rate must be computed on the basis of one-twelfth of the annual rate for each full month. The Department of Banking and Finance shall establish by rule the rate for each day in a fraction of a month when the period for which the charge is com- puted is more or less than 1 month. (3) A title loan agreement may be extended for one or more 30-day peri- ods by mutual consent of the title loan lender and the borrower. Each extension of a title loan agreement shall be executed in a separate extension agreement each of which shall comply with the requirements for executing a title loan agreement as provided in this act. The interest rate charged in any title loan extension agreement shall not exceed the interest rate charged in the related title loan agreement. A title loan lender may not capitalize in any title loan extension agreement any unpaid interest due on the related title loan agreement or any subsequent extensions to that title loan agree- ment. (4) Any interest contracted for or received, directly or indirectly, by a title loan lender, or an agent of the title loan lender, in excess of the amounts authorized under this chapter are prohibited and may not be collected by the title loan lender or an agent of the title loan lender. (a) If such excess interest resulted from a bona fide error by the title loan lender. or an agent of the title loan lender. the title loan agreement shall be voidable and the lender shall refund the excess interest to the borrower within 20 days after discovery by the lender or borrower of the bona fide error. whichever occurs first. (b) If such excess interest resulted from an act by the title loan lender. or an agent of the title loan lender. to circumvent the maximum title loan interest allowed by this act, the title loan agreement is void. The lender shall refund to the borrower any interest paid on the title loan and return to the borrower the loan property. The title loan lender forfeits the lender's right to collect any principal owed by the borrower on the title loan. (c) The department may order a title loan lender. or an agent of the title loan lender. to comply with the provisions of paragraphs (a) and (b). (5) Any interest contracted for or received. directly or indirectly, by a title loan lender. or an agent of the title loan lender. in excess of the amount allowed by this act constitutes a violation of chapter 687. Florida Statutes, governing interest and usury. and the penalties of that chapter apply. 10 CODING: Words stricken are deletions; words underlined are additions. Ch. 2000-138 V' LAWS OF FLORIDA ...¡ Ch. 2000-138 Section 11. Repossession. disposal of pledged property: excess pro- ceeds.- (1) If a borrower fails to repay all amounts legally due under the title loan agreement on or before the end of the title loan's maturity date or any extension of such date and fails to make a payment on the loan within 30 days after the end of the loan's maturity date or any extension of such date, whichever is later. the title loan lender may take possession of the titled personal property. A lender may take possession of the titled personal prop- erty only through an agent who is licensed by the state to repossess motor vehicles. (2) Prior to engaging a repossession agent. the lender shall afford the debtor an opportunity to make the titled personal property available to the lender at a place, date, and time reasonably convenient to the lender and the borrower. Prior to taking possession of titled personal property. the lender shall afford the borrower a reasonable opportunity to remove from the titled personal property any personal belongings without charge or additional cost to the borrower. After the lender takes possession of the titled personal property. the lender. at the lender's sole expense and risk. may authorize a third party to retain physical possession of the titled personal property. (3) Upon taking possession of titled personal property. the lender may dispose of the titled personal property by sale but may do so only through a motor vehicle dealer licensed under s. 320.27. Florida Statutes. At least 10 days prior to sale. the lender shall notify the borrower of the date. time. and place of the sale and provide the borrower with a written accounting of the principal amount due on the title loan. interest accrued through the date the lender takes possession of the titled personal property. and any reason- able expenses incurred to date by the lender in taking possession of. prepar- ing for sale, and selling the titled personal property. At any time prior to such sale. the lender shall permit the borrower to redeem the titled personal property by tendering a money order or certified check for the principal amount of the title loan. interest accrued through the date the lender takes possession. and any reasonable expenses incurred to date by the lender in taking possession of, preparing for sale. and selling the titled personal prop- erty. Nothing in this act nor in any title loan agreement shall preclude a borrower from purchasing the titled personal property at any sale. (4) Any such sale or disposal shall vest in the purchaser the right. title, and interest of the owner and the title loan lender. (5) Within 30 days after the sale of the titled personal property. the borrower is entitled to receive all proceeds from the sale of the motor vehicle in excess of the principal amount due on the loan, interest on the loan up to the date the lender took possession, and the reasonable expenses incurred by the lender in taking possession of. preparing for sale. and selling the titled personal property. The borrower is entitled to reasonable attorney's fees and costs incurred in any action brought to recover such proceeds that results in the title loan lender being ordered to return all or part of such amount. 11 CODING: Words strickon are deletions; words underlined are additions. Ch. 2000-138 ~ LAWS OF FLORIDA ..., Ch. 2000-138 (6) The rights and remedies provided in this section are cumulative. Except as otherwise provided in this section. the disposal of titled personal property is subiect to the provisions of chapter 679. Florida Statutes. (7) In taking possession and disposing of titled personal property by sale or otherwise. the title loan lender shall at all times proceed in a commer- cially reasonable manner. Section 12. Prohibited acts.- (1) A title loan lender. or any agent or employee of a title loan lender. shall not: (a) Falsify or fail to make an entry of any material matter in a title loan agreement or any extension of such agreement. (b) Refuse to allow the department to inspect completed title loan agree- ments, extensions of such agreements. or loan property during the ordinary operating hours of the title loan lender's business or other times acceptable to both parties. (d Enter into a title loan agreement with a person under the age of 18 years. (d) Make any agreement requiring or allowing for the personal liability of a borrower or the waiver of any of the provisions of this act. (e) Knowingly enter into a title loan agreement with any person who is under the influence of drugs or alcohol when such condition is visible or apparent. or with any person using a name other than such person's own name or the registered name of the person's business. (£) Fail to exercise reasonable care. as defined by department rule. in the safekeeping of loan property or of titled personal property repossessed pur- suant to this act. (g) Fail to return loan property or repossessed titled personal property to a borrower, with any and all of the title loan lender's liens on the property properly released. upon payment of the full amount due the title loan lender. unless the property has been seized or impounded by an authorized law enforcement agency, taken into custody by a court. or otherwise disposed of by court order. (h) Sell or otherwise charge for any type of insurance in connection with a title loan agreement. en Charge or receive any finance charge. interest. or fees which are not authorized pursuant to this act. en Act as a title loan lender without an active license issued under this act. (k) Refuse to accept partial payments toward satisfying any obligation owed under a title loan agreement or extension of such agreement. 12 CODING: Words stricken are deletions; words underlined are additions. Ch. 2000-138 '-' LA WS OF FLORIDA ...." Ch. 2000-138 (1) Charge a prepayment penalty. (m) Engage in the business of selling new or used motor vehicles. or parts for motor vehicles. (n) Act as a title loan lender under this act within a place of business in which the licensee solicits or engages in business outside the scope of this act if the department determines that the licensee's operation of and conduct pertaining to such other business results in an evasion of this act. Upon making such a determination, the department shall order the licensee to cease and desist from such evasion, provided. no licensee shall engage in the pawnbroker business. (2) Title loan companies may not advertise using the words "interest free loans" or "no finance charges." Section 13. Right to reclaim; lost title loan agreement.- (1) Any person presenting identification of such person as the borrower and presenting the borrower's copy of the title loan agreement to the title loan lender is presumed to be entitled to reclaim the loan property described in the title loan agreement. However. if the title loan lender determines that the person is not the borrower, the title loan lender is not required to allow the redemption of the loan property by such person. The person reclaiming the loan property must sign the borrower's copy of the title loan agreement which the title loan lender may retain to evidence such person's receipt of the loan property. A person reclaiming the loan property who is not the borrower must show identification to the title loan lender. together with notarized written authorization from the borrower, and the title loan lender shall record that person's name and address on the title loan agreement retained by the title loan lender. In such case, the person reclaiming the borrower's copy of the title loan agreement shall be provided a copy of such signed form as evidence of such agreement. (2) If the borrower's copy of the title loan agreement is lost. destroyed, or stolen. the borrower must notify the title loan lender, in writing by certified or registered mail. return receipt requested, or in person evidenced by a signed receipt. and receipt of such notice shall invalidate such title loan agreement if the loan property has not previously been reclaimed. Before delivering the loan property or issuing a new title loan agreement. the title loan lender shall require the borrower to make a written statement of the loss, destruction. or theft of the borrower's copy of the title loan agreement. The title loan lender shall record on the written statement the type of identification and the identification number accepted from the borrower, the date the statement is given, and the number or date of the title loan agree- ment lost. destroyed. or stolen. The statement shall be signed by the title loan lender or the title loan office employee who accepts the statement from the borrower. The title loan lender shall not impose any type of fee for providing the borrower with a copy of the title loan agreement. Section 14. Criminal penalties.- 13 CODING: Words strickon are deletions; words underlined are additions. Ch. 2000-138 '-" LAWS OF FLORIDA ....,¡ - Ch. 2000-138 (1) Any person who acts as a title loan lender without first securing the license prescribed by this act commits a felony of the third degree, punish- able as provided in s. 775.082. s. 775.083, or s. 775.084, Florida Statutes. (2) In addition to any other applicable penalty. any person who willfully violates any provision of this act or who willfully makes a false entry in any record specifically required by this act commits a misdemeanor of the first degree. punishable as provided in s. 775.082 or s. 775.083. Florida Statutes. Section 15. Subpoenas; enforcement actions: rules.- (1) The department may issue and serve subpoenas to compel the attend- ance of witnesses and the production of documents, papers, books, records. and other evidence before the department in any matter pertaining to this act. The department may administer oaths and affirmations to any person whose testimony is required. If any person refuses to testify. produce books. records. and documents. or otherwise refuses to obey a subpoena issued under this section. the department may enforce the subpoena in the same manner as subpoenas issued under the Administrative Procedure Act are enforced. Witnesses are entitled to the same fees and mileage as they are entitled to by law for attending as witnesses in the circuit court. unless such examination or investigation is held at the place of business or residence of the witness. (2) In addition to any other powers conferred upon the department to enforce or administer this act. the department may: (a) Bring an action in any court of competent iurisdiction to enforce or administer this act. any rule or order adopted under this act. or any written agreement entered into with the department. In such action. the depart- ment may seek any relief at law or equity. including a temporary or perma- nent iniunction, appointment of a receiver or administrator. or an order of restitution. (b) Issue and serve upon a person an order requiring such person to cease and desist and take corrective action whenever the department finds that such person is violating. has violated, or is about to violate any provision of this act. any rule or order adopted under this act. or any written agreement entered into with the department. (d Whenever the department finds that conduct described in paragraph (b) presents an immediate danger to the public health. safety. or welfare requiring an immediate final order. the department may issue an emergency cease and desist order reciting with particularity the facts underlying such findings. The emergency cease and desist order is effective immediately upon service of a copy of the order on the respondent named in the order and shall remain effective for 90 days. If the department begins non emergency proceedings under paragraph (b), the emergency cease and desist order remains effective until the conclusion of the proceedings under ss. 120.569 and lZ0.57. Florida Statutes. (3) The department may adopt rules to administer this act. 14 CODING: Words stricken are deletions; words underlined are additions. Ch. 2000-138 '-" LAWS OF FLORIDA """ Ch. 2000-138 Section 16. Investigations and complaints.- (1) The department may make any investigation and examination of any licensee or other person the department deems necessary to determine com- pliance with this act. For such purposes. the department may examine the books, accounts. records, and other documents or matters of any licensee or other person. The department may compel the production of all relevant books. records. and other documents and materials relative to an examina- tion or investigation. Examinations shall not be made more often than once during any 12-month period unless the department has reason to believe the licensee is not complying with the provisions of this act. (2) The department shall conduct all examinations at a convenient loca- tion in this state unless the department determines that it is more effective or cost-efficient to perform an examination at the licensee's out-of-state location. For an examination performed at the licensee's out-of-state loca- tion. the licensee shall pay the travel expense and per diem subsistence at the rate provided by law for up to 30 8-hour days per year for each depart- ment examiner who participates in such an examination. However. if the examination involves or reveals possible fraudulent conduct by the licensee. the licensee shall pay the travel expenses and per diem subsistence provided by law. without limitation. for each participating examiner. (3) Any person having reason to believe that any provision of this act has been violated may file with the department a written complaint setting forth the details of such alleged violation and the department may investigate such complaint. Section 17. Paragraphs (a) and (h) of subsection (1) of section 538.03, Florida Statutes, are amended to read: 538.03 Definitions; applicability.- (1) As used in this part, the term: (a) "Secondhand dealer" means any person, corporation. or other busi- ness organization or entity which is not a secondary metals recycler subject to part II and which is engaged in the business of purchasing, consigning, or pawning secondhand goods or entering into title loan transactions. How- ever, secondhand dealers are not limited to dealing only in items defined as secondhand goods in paragraph (g). Except as provided in subsection (2), the term means pawnbrokers, jewelers, precious metals dealers, garage sale operators, secondhand stores, and consignment shops. (h) "Transaction" means any title loan, purchase, consignment, or pawn of secondhand goods by a secondhand dealer. Section 18. Subsection (1) of section 538.16, Florida Statutes, is amended to read: 538.16 Secondhand dealers; disposal of property.- (1) Any personal property pawned with a pawnbroker, whether the pawn is a loan of money or a buy-sell agreement or a motor vehicle which is 15 CODING: Words strickon are deletions; words underlined are additions. Ch. 2000-138 '-' LAWS OF FLORIDA ...." Ch. 2000-138 security for a titlo loan, is subject to sale or disposal if the pawn is a loan of money and the property has not been redeemed or there has been no payment on account made for a period of 90 days, or if the pawn is a buy-sell agreement or if it is a title loan and the property has not been repurchased from the pawnbroker or the title redeemed from the title lender or there has been no payment made on account within 60 days. Section 19. Nothing in this act precludes a county or municipality from adopting ordinances more restrictive. in whole or in part, than the provi- sions of this act. Section 20. Effective July 1. 2000, the sum of $500,000 is hereby appro- priated for the 2000-2001 fiscal year from the Regulatory Trust Fund of the Department of Banking and Finance to the department to fund eight posi- tions for the purpose of carrying out the provisions of this act. Section 21. Paragraph (i) of subsection (1) of section 538.03, Florida Stat- utes. subsection (5) of section 538.06. Florida Statutes. and subsections (4) and (5) of section 538.15, Florida Statutes. are repealed. Section 22. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared severable. Section 23. Except as otherwise provided in this act, this act shall take effect October 1, 2000. Approved by the Governor May 18, 2000. Filed in Office Secretary of State May 18. 2000. 16 CODING: Words strickon are deletions; words underlined are additions. '-' ~ ORDINANCE NO. 00-21 AN ORDINANCE REPEALING ORDINANCE NO. 99- 25 WHICH AMENDED CHAPTER 1-14 "OFFENSES AND MISCELLANEOUS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY BY ADDING A NEW ARTICLE III ENTITLED "MOTOR VEHICLE TITLE LOANS"; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY OF THE ORDINANCE COUNTY-WIDE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On December 7,1999, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance No. 99-25, creating Article III of Chapter 1-14 of the Code of Ordinances which regulates Motor Vehicle Title Loans. 2. The Legislature of the State of Florida adopted Chapter 2000-138, Laws of Florida, the "Florida Title Loan Act" providing that title loans shall be regulated by the provisions of that act. 3. Some of the provisions of the "Florida Title Loan Act" are more restrictive than the St. Lucie County ordinance. 4. It is the intent of the Board to repeal Ordinance No. 99-25 adopted on December 7, 1999 as of September 30, 2000 and allow all title loan agreements in St. Lucie County to be governed by the "Florida Title Loan Act". NOW, THEREFORE, BE IT ORDAINED BY THE Board of County Commissioners of St. Lucie County, Florida: Strud< through passages are deleted. Underlined passages are added. 1 '-' ...,; PART A. REPEAL OF ORDINANCE NO. 99-25. Ordinance No. 99-25, adopted on December 7,1999, is hereby repealed. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY . If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and the same is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304, within ten (10) days after enactment of this ordinance by the Board of County Commissioners. PART F. EFFECTIVE DATE. This ordinance shall be effective on September 30, 2000, at 11:59 p.m. Strtld< through passages are deleted. Underlined passages are added. 2 ~ """ PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman John D. Bruhn XX Vice Chairman Frannie Hutchinson XX Commissioner Doug Coward XX Commissioner Paula Lewis XX Commissioner Cliff Barnes XX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through G shall not be codified. PASSED AND DULY ADOPTED this _ day of ,2000. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Strud( through passages are deleted. Underlined passages are added. 3 - . '" '-' AGENDA REOUEST """'" ITEM NO. 6 DATE: 7-25-00 REGULAR [X ] PUBLIC HEARING [ CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS OO~W~~~IÞJ SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Approval of millage rates to be submitted to the Property Appraiser and set dates for public hearings. BACKGROUND: The recommended rates were established pursuant to the budget reviews concluded by the Board on July 21, and as required to meet special district, debt service, and related millage requirements. As directed by the Board, the total countywide millage remains at the FY 00 level of7.8915 mills. FUNDS AVAILABLE: NA PREVIOUS ACTION: NA RECOMMENDATION: Staff recommends the Board of County Commissioners approve the following: 1. Approve millage rates as outlined on "Worksheet Analysis of Roll-Back Millage Rate for Fiscal Year 2000- 2001" under the column headed "2000-2001 proposed millage". 2.Set two public hearings on September 7 and 14 at 5:05 P.M. in the Roger Poitras Administration Annex Commission Chambers. '"' .',,0 3. Authorize the County Administrator to transmit the millage rates to the Property Appraiser on Form DR-420. 4. Set aggregate millage at 8.4473 mills which is -3.18 % over the roll-back rate for tax. year 2000. Change Sept. 14 Public H~aring Time to 6:00pm Coordination/Signatures County Attorney: '\~ t oS M Management & Budget: :xx JÎÎ/l'0 Purchasing: Originating Dept: Public Works: Other: o ~ Anderson ty Administrator COMMISSION ACTION: [xl APPROVED [] DENIED [ ] OTHER: '-' ....., OFFICE OF MANAGEMENT & BUDGET MEMORANDUM #00-50 TO: DOUG ANDERSON, COUNTY ADMINISTRATOR MARIE M. GOUIN, INTERIM BUDGET DIRECTOR ¡7)JJl9:- FROM: SUBJECT: FY 2001 MILLAGE RATES DATE: JULY 21,2000 OOfgW~~ß[þ) The attached worksheet reflects the FY 2001 proposed and roll-back millage rates. Significant points are: 1. The proposed Maximum Total Countywide millage (line 16) remains at 7.8915, or no increase from the current year, as directed by the Board. Mosquito Control has been included with countywide millages for purposes of this calculation. 2. The millage rate for the general fund has been decreased by 0.2842 mills, off-set by an increase in the millage rate for the Fine & Forfeiture Fund by 0.2842 mills. As noted above, this has no net effect on countywide millage. The purpose for making this adjustment is to balance the Fine and Forfeiture fund. 3. The total aggregate millage (line 48) has decreased by .0240 mills (line 49) over 2000. The is due to the decreased assessment over FY 2000 final value levels for FPL properties. 4. 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DATE: 07/25/00 CONSENT [ ] REGULAR [X] PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESEN. T~~n/ (] () _ ;.t). ,- . ~~¿2ä~ mmun1ty Dev. D1rector SUBMITTED BY (DEPT): Community Development SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: x ] APPROVED ] OTHER: 5-0 County Attorney: Originating Dept: ;Æ/ Department of Community Affairs - Mobile Home Inventory Grant On April 25, 2000, the Department of Community Affairs entered into a contract with St. Lucie County for a $10,000.00 grant in order to implement housing inventory policies of the St. Lucie County Comprehensive Plan. Upon receipt of the $10,000.00, Staff requested permission to set up an account for the funds. The Board requested that the scope of the grant be changed from assessing the need for migrant farm housing to counting mobile homes in St. Lucie County in order to address the more immediate need of emergency management and evacuation issues. DCA approved the revised scope of work on July 7, 2000. Upon approval, staff requested a modification to Contract NO. 00-DR-1U-10- 66-01-066. Attached is a copy of the revised scope of work for Contract No. 00-DR-1U-10-66-01-066, which allows for the grant funds to be utilized to conduct an inventory of the existing Mobile Homes within St. Lucie County. Funds will be available from account 001260-1510-599330-100. DCA Housing Inventory Contract executed April 25, 2000. Staff recommends that the Board approve the attached revised Scope of Work and authorize the Chairman to execute the Modification and approve Budget Resolution 00-159 to appropriate and expend the funds from the grant award. DENIED . . Coordination/Signatures Kgt " Budget: Purchasing: Other: Other: Finance: (copies only): ¡. '-' ..."" STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Helping Floridians create safe, vibrant, sustainable communities" IEB BUSH Governor STEVEN M. SEIBERT Secretary July 7, 2000 Mr. David P. Kelly Planning Manager St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Re: Contract Number OO-DR-l U-l 0-66-01-006 Dear Mr. Kelly: Enclosed is an original executed modification to the above-referenced contract between the Department of Community Affairs and St. Lucie County which modifies the Scope of Work (Attachment A). The Department will authorize the release of funds in accordance with the Schedule of Deliverables in Attachment A of the contract If you have any questions, please contact me at (850) 922-1752. Sincerely, ~.ÛMd Beth Frost Senior Management Analyst I Enclosure rö) R ([.. " ~{~: !; L-. rr' f~ \\., . ! . . :. ' !!~'1 ¡ I¡ : ¡ 23m (~I . '''!_n. ;,,1. I ,.., I. FL 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399.2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: http://www.state.fl.us/comaff/ FLORIDA KEYS Area of Cr~ical State Concern Field Offoce 2796 Oveßeas HighwaV. Suite 212 Marathon, Florida 330.50-2227 GREEN SWAMP Area of Critical State Concern Field OffICe 205 East Main Street, Su~e 104 Bartow, Florida 331130-4641 '-' """ MODIFICATION OF STATE OF FLORIDA DEP ARTMENT OF COMMUNITY AFFAIRS EAR TECHNICAL ASSISTANCE PROGRAM CONTRACT That Contract numbered 00-DR-IU-1O-66-0I-006 entered into between the State of Florida, Department of Community Affairs (the "Department"), and St. Lucie County(the "Recipient"), signed on April 25, 2000 by the Department is hereby modified as follows: Attachment A, Scope of Work and Schedule of Deliverables is modified as follows: Scope of Work The goal of this contract is to gather data about the mobile home stock within St. Lucie County. The data will be incorporated into a data base, which shall be updated on a yearly basis. This infonnation provided in the data base will be utilized within the Comprehensive Plan. 1. Prepare inventory sheets to be utilized during fieldwork. 2. Inventory the mobile home stock in St. Lucie County for the following: a. Park name and status (adults only, mixed community, aged restricted) b. Total number of units within park c. Date park was established d. Total number of individuals residing in the unit e. Year mobile home was placed on the lot f. Appropriate hazard protection measures taken (tie-downs, etc.) g. Number of children residing in the unit h. Condition of unit (standard, substandard and dilapidated) 1. Type of utilities being provided to the unit (well, septic, governmental entity, electric utility and cable utility) J. Necessary improvements identified for the unit 3. Create data base. 4. Generate report on the mobile home stock within the county. Schedule of Deliverables The Department shall pay an amount not to exceed $10,000 to the Recipient following the Department's receipt, review and acceptance of evidence of completion of the tasks outlined in the Scope of Work not later than November 15, f999. 2æD ®. '-" '" Except as modified herein, all terms and conditions contained in said Contract remain in full force and effect, and are to be performed in accordance with the terms of said Contract. IN WITNESS WHEREOF, the parties have caused this Modification to be executed by their duly authorized representative. ST. LUCIE COUNTY By: Printed Name: Title: Date: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: J. Thomas Beck Title: Director, Division of Community Planning Date: '-' .-.1 MODIFICATION OF ST ATE OF FLORIDA DEP ARTMENT OF COMMUNITY AFFAIRS EAR TECHNICAL ASSISTANCE PROGRAM CONTRACT That Contract numbered OO-DR-lU-l 0-66-0 1-006 entered into between the State of Florida, Department of Community Affairs (the "Department"), and St. Lucie County(the "Recipient"), signed on April 25, 2000 by the Department is hereby modified as follows: Attachment A, Scope of Work and Schedule of Deliverables is modified as follows: Scope of Work The goal of this contract is to gather data about the mobile home stock within St. Lucie County. The data will be incorporated into a data base, which shall be updated on a yearly basis. This information provided in the data base will be utilized within the Comprehensive Plan. 1. Prepare inventory sheets to be utilized during fieldwork. 2. Inventory the mobile home stock in S1. Lucie County for the following: a. Park name and status (adults only, mixed community, aged restricted) b. Total nwnber of units within park c. Date park was established d. Total nwnber of individuals residing in the unit e. Year mobile home was placed on the lot f. Appropriate hazard protection measures taken (tie-downs, etc.) g. Number of children residing in the unit h. Condition of unit (standard, substandard and dilapidated) 1. Type ofutiliûes being provided to the unit (well, septic, governmental entity, electric utility and cable uûlity) J. Necessary improvements idenûfied for the unit 3. Create data base. 4. Generate report on the mobile home stock within the county. Schedule of Deliverables The Department shall pay an amount not to exceed $10,000 to the Recipient following the Department's receipt, review and acceptance of evidence of completion of the tasks outlined in the Scope of Work not later than November 15, ~. 2COO C1.. ,.., -. '-' 'wJI Except as modified herein, all terms and conditions contained in said Contract remain in full force and effect, and are to be performed in accordance with the terms of said Contract. IN WITNESS WHEREOF, the parties have caused this Modification to be executed by their duly authorized representative. ST. LUCIE COUNTY By: Printed Name: Title: Date: STATE OF FLORIDA DEPARTMENT OF COMMUNITy AFFAIRS By: J. Thomas Beck Title: Director, Di:vision of Community Planning Date: '-' """" RESOLUTION NO. 00-159 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Community Affairs in form of a Mobile Home Inventory Grant in the amount of $10,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 25th day of July, 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 001260-1510-334693-100 APPROPRIATIONS Dept. of Community Affairs - Human Srvcs $10,000 001260-1510-599330-100 Project Reserves $10,000 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 Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 25TH DAY OF JULY, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY H:\WP\GRANTS\MOBILEHOME\CONTRAC'I\RES~S9.WPD . ' ,: . \.., ,..) ê ¿/CJ- 04 - 317 Iff' Contract Number: I'JCH:¥<?-I U -/0 -{p{rtJ/-OO& f( : I..,! I AGREEMENT JUL I 4 2000 .- . , . .. .c.; "I '" ,....,....... ........., -. \..\.Î...... ,,' : ':. r-' THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and St. Lucie County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such. services; and B. WHEREAS, the Department has a need for such services and does hereby accept the offer of the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has the authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) DEFINITION AND SCOPE OF WORK. The Recipient agrees, under the terms and conditions of this contract and the applicable state and loeallaws and regulations, to undertake, perform, and complete the specified work products outlined in the Scope of Work and Schedule of Deliverables (Attachment A of this Agreement). (2) REQUIRED REPORTS. The Recipient shall provide to the Department a contract closeout report consisting of a copy of each work product produced under this program. The report must be received by the Department no later than November 15, 2000. If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department shall withhold further payments until they are completed. The Department may terminate this contract if reports are not received within ten (10) days after notice by the Department. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end November 15, 2000, unless terminated earlier in accordance with the provisions of paragraph (8) of this Agreement. (4) MODIFICATION OF CONTRACT: REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. ~'.."" All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of MDepartment of Community AffairsM, and mailed directly to the Department at the following address: ., r\, '-' '-' Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 (5) RECORDKEEPING (a) All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for three years after final disposition. after closing of title. 3. Records relating to real property acquisition shall be retained for three years (b) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work and Schedule of Deliverables - Attachment A - and all other applicable laws and regulations. (c) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement (7) LIABILITY. (a) Except as otherwise provided in subparagraph (b) below, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat.. agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any 2 " ~ '-' 1"'\ """ Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (8) DEFAULT: REMEDIES: TERMINATION. (a) If the necessary funds are not available to fund this agreement as a result of action by the Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in anYfespect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Scope of Work and Schedule of Deliverables attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise anyone or more of the following remedies, either concurrently or consecutively, and the pursuit of anyone of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least ten (10) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (9) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance, issuing a written waming to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from 3 c c., incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shan include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, F-,ª,- Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The Recipient shall return funds to the Department if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (9) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Beth Frost Senior Management Analyst I Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: ' IBvid Fe1ly, P1anni.r¥J M:mager cœm!uú.ty ~velOQrent 2300 vir:tdnia Avenue Fort Pierce. FL 34982 (')61) 462-1590 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement. notice of the name, title and address of the new representative will be rendered as provided in (9)(a) above. 4 " '-' v (10) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from .the date of being placed on the convicted vendor list. (11) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 'i--+': (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. 5 . . ~ J (d) The Recipient shall provide the Department with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, Fla. Stat., and Chapter 10.550 and 10.600, Rules of the Auditor General. 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. The complete financial audit report, including all items specified in (12)(d) 1 and 2 above, shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (e) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (f) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. (g) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by the date the audit report is issued by the state Auditor General, whichever is later. (i) An audit performed by the State Auditor General shall be deemed to satisfy the above audit requirements. . (12) SUBCONTRACTS. If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within ten (10) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, (ii) the subcontract is bound by the terms and conditions of this contract·between the Recipient and the Department, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Any work products produced under the terms of a subcontract entered into by the Recipient must meet the full terms and conditions, including timeframes, of this agreement 6 · \wi ~ between the Recipient and the Department in order for the Recipient to receive payment from the Department. (13) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (14) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (15) FUNDING/CONSIDERATION. (a) This is a fixed fee agreement. As consideration for performance of work rendered under this Agreement, the Department agrees to pay a fixed fee of up to $10,000. Payment will be made in accordance with the provisions of Attachment A, Scope of Work and Schedule of Deliverables. (b) Use of Funds. 1. Funds may be used for salaries and expenses of local government staff members or subcontractors involved in preparing all or a portion of the required work products specified in Attachment A, Scope of Work and Schedule of Deliverables. 2. Funds may not be used for the purchase of equipment, fixtures, or other tangible property of a nonconsumable and nonexpendable nature with an expected useful life which exceeds the duration of this contract (16) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be in writing for a period not to exceed six (6) months and shall be subject tr the same terms and conditions set forth In the Initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the' criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the Recipient. (c) All bills for fees or other compensation for services or expenses shall be submitted In detail sufficient for a proper preaudit and postaudlt thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other 7 / ~ .'-' 'wi material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 27 4A( e) of the I NA. Such violation by the Recipient of the employment provisions contained in Section 27 4A( e) of the I NA shall be grounds for unilateral cancellation of this Agreement by the Department. (17) STATE LOBBYING PROHIBITION. No funds or other resources received from the Department in connection with this Agreement may be used direcUy or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (18) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY:~¥ J. THOMAS BECK DIRECTOR BY: PRI I NAME: John 1). ~t\ TITLE: rmlr~a(\. CbUJihl ComtY\{~SI~1\ \ J DATE: t./ -- 12 -00 FID# 5'1-&000 - r35 DATE: 4-J-F UJ .,.Ii '-' ....., Attachment A Scope of Work and Schedule of Deliverables Scope of Work Task 1. Develop and conduct a field survey on migrant farmworkers/commercial fishermen families housing, to obtain the following: a. Verify the type, number, and location of agricultural and commercial fishing enterprises; b. Determine the number of workers, family size, income categories (very-low, low, and moderate), duration of stay (temporary or permanent), intent for-prolonged employment (How long they want to stay and work/their choice if work was available); c. Determine the number, size, and location of housing providers by type (for profit or not for profit); the type of housing available by type, location, and tenure (number of units, single family/multi-family, and renter or owner); d. Determine the extent and availability of renter subsidies (who provide assistance [employer or other] and extent of subsidy). e. Contact and coordinate with the school district to determine the number and extent of migrant farmworker/commercial fishermen children by genera/location in the County. Task 2 Compile the results of the survey and create a database (using Paradox, or other PC- based database software) that appropriately identifies and determines the actual units available to conveniently serve the farmworker and commercial fishing communities. Task 3 Generate a draft report on the extent of migrant farmworker and commercial fishermen . working in Stlucie County and the availability of housing to serve their needs. Make changes or modifications as required by the Department Task 4 Based upon the results from the field survey and data collected, prepare a plan to better address migrant worker housing needs. Schedule of Deliverab/es 1. . The Department shall pay $10,000 to the Recipient following the Department's receipt, review, and acceptance of completion of the items outlined in the Scope of Work no later than November 15, 2000. .. 9 -~- '-" AGENDA REQUEST ......, ITEM NO. --Î- DATE: July 25, 2000 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Leeds Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Construction of 4 batting cages at Elks Park (2 Ft. Pierce American League and 2 Ft. Pierce National Little League). BACKGROUND: In an effort to meet the needs of the children of St. Lucie County, the Ft. Pierce National League and the Ft. Pierce American Little League are in support of the County constructing 4 batting cages at Elks Park. They have committed $5000 each towards the project. The total cost of the project would be $22,415.96. The County's share of cost would be $12,415.96. Funds are available in the Park A (Ft. Pierce) Impact Fee Account. FUNDS AVAILABLE IN: 310002-7210-563000-700 Park A (Ft. Pierce) Impact Fees (A project # will be assigned once the Board gives its approval) PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the BOCC approve construction of the batting cages at Elks Park, the use of Park A (Ft. Pierce) Impact Fees as the funding source for the County's share of cost and accept the offer of $5000 each from the Ft. Pierce American League and the Ft. Pierce National League to be used towards the cost of the project. [2J APPROVED [] DENIED [ J_~THER: COMMISSION ACTION: County Attorney: Originating Dept: ~ Finance: (Check for Copy only, if Applicable) Q, .,.jy Mgt. & Budget:... Purchasing Mgr.: other: other: Eff. 1/97 H:\WP\batting cages.wpd . '-' ...., St. Lucie County Department of Leisure Services PROJECT PROPOSAL BATTING CAGES AT ELKS PARK PROJECT BUDGET $22.415.96 Ft. Pierce American Little League Contribution Ft. Pierce National Little League Contribution St. Lucie County Funding Contribution $ 5,000.00 $ 5,000.00 $12,415.96 PROJECT RESPONSIBILITIES St. Lucie County · Set all cage poles and perimeter fence poles · Install fencing material and gates · Drill holes in poles and hang cabling for nets · Run pipe conduit for electric · Assist respective league volunteers with the installation of the batting cage netting Ft. Pierce American Little Lea~ue · Secure an electrical contractor to pull permit and install electrical outlets in the batting cages · Provide labor to install the artificial turf flooring · Provide labor to hang batting cage netting Ft. Pierce National Little Lea~ue · Secure an electrical contractor to pull permit and install electrical outlets in the batting cages · Provide labor to install the artificial turf flooring · Provide labor to hang batting cage netting MISCELLANEOUS ITEMS · League volunteers to box-blade the batting cage sites in preparation for the fonning and pouring of the concrete slabs. · Review materials list with Parks Division staff · Building Permit - Joan Willems from the City ofFt. Pierce Building Department informed us that we will not need a building for the batting cages. However, we will need an electrical contractor to pull the electrical pennit to stub in the electrical outlets and wire them. - :¡ . '-" 'wtI BATTING CAGE MATERIALS LIST (38) Perimeter Fence Posts 10~' Tall ** (20) 21' Galvanized Poles $47.25 each $ 945.00 (St. Lucie County) (12) 3" Perimeter Corner Fence Post 10Yz Tall ** (6) 21' Galvanized Poles $69.93 each $ 419.58 (St. Lucie County) 400 LF of 8' #9 gauge wire and hardware ** $2.91 per LF (minus 13% - County Discount) (Adron Fence) $1,012.68 ( 2 ) 70' x 30' Concrete Slab (4200 SF Total) - 2500 psi wi Fiber ** 4" Thick Slab - 56 Yards @ $65.00 per Yard (Continnental) $3,640.00 Labor to fonn and pour concrete (Greg Lineburg) $1,400.00 (16) Turnbuckles - Hot Dipped and Galvanized 3/8" x 6" $ 238.72 ** $14.82 each (Turner Machine) (12) 6" Threaded "I" Bolts, washers, and nuts $ 36.00 ** $3.00 each (Turner Machine) Artificial Turf Carpet (4200 SF Total) $8,400.00 ** $2.00 SF (Turbolink, Inc.) (552) "S" Hooks to hand 1/8" diameter x 1 1/4" Length $ 49.68 ** $ .09 each (Turner Machine) (24) 3" Galvanized Cage Poles - Schedule 40 $1,678.32 ** $69.93 each (Turner Machine) ( 4) 12' (wide) x 12' (high) x 60' (long) #42 Knotted Nylon Tunnel Net $3,912.48 ** $978.12 each (Stan Mar Netting) 650 LF of 1/4" Stainless Steel Cable ** $ .59 per foot $ 383.50 (Turner Machine) (2) 8' - #9 Wire 3Yz' Swing Gates $150.00 each $ 300.00 (St. Lucie County) TOTAL PRICE $22,415.96 Less American League Contribution Less National League Contribution St. Lucie County Contribution 5,000.00 5,000.00 $12,415.96 , JUN-22-raø 03: 53 PM STANVD 1'1AR I NE SUPPLY 904 V39S0 p.ra! ~~~ QUOTE / Stan Mar Sports Nets A divisIon of Standard MarIne Supply Corp., P. O. Box 477. Fernandina Besch, FL 32035 101 N. 2nd Street, Fernandina Beach, FL 32034 800-252-4520,904-261-3671, FAX 904-261-3980 Customer Ft. Pierce Rec Attn: Jeff Montpetit Fax: 561-462-2377 DATE: 6/22/00 TERMS: DELIVERY: FOB. Fernandina Beach, FL. WE ARE PLEASED TO QUOTE AS FOLLOWS: QUANTITY DESCRIPTION 4 12' H x 12' W x 60' L Batting Cages # 42 nylon w/rop0 border, 1- pro-wrap door 9- galvanized steel rings Black, Blue or green UN treatment PRICE UNIT DISC 978.12 ea AM 0 U N T $3,91248 doors will be installed at end of cages PRICES DO NOT INCLUDE APPLICABLE FREIGHT AND SALES TAX. . Deliveries quoted are subject to delay by causes beyond our control. All ordcrs, prior to acceptance, must be approved for terms by our Credit Department. PRICES SUBJECT TO CHANGE AFTER THIRTY DAYS Thank you for the opportunity to prc,vide this quct~ STANDA~.MARINE SUPPLY COR.P..,,-. / II'!! ::> . .. l' bY/V,l1j ~ --:dtlô .) · 5'"-23-2000 1 ø : 24At·1 FROt·1 FT . ERCE BU I LD/CODE 1 561 d67 98 . '-" 'WI P. 1 ~ ITY ~f ~RT pnR~~ DEPARTMENT OF BUILDING AND CODE ENFORCEMENT P. O. BOX 1480 · FORT PIERCE, FLORIDA 34954 TEL. (561) 460-2200 · F^X (661) 467 9g~6 May 22, 2000 St. Lucie County Leisure Services Jeff Montpetit 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Jeff: The City of Fort Pierce will D.Q1 require a pennit for the batting cages at Elks Park Little League field. We will however. require an electric pennit. If you have any questions, please call me at (561) 460-2200, ext. 216. Sincerely, -- J 1 Willems, Permit Specialist JW:do ~1/24!193~ 17:23 4Ø7-457-42~ F AIRLA~\N f\-IAGNET ~...".¡ PAGE 01 FORT PIERCE NATIONAL LITILE LEAGUE, INC. 1996 P.O. BOX 213 FORT PIERCE, FL 34954 (561) 46~6760 Fax (!i61> 46!H6!i7 LEAGUE I.D.' 309170~ TAX I.D. # 6.6-02-028957-14 May 24, 2OOC) 5t, Lucie County Commission St. Lucie County Leisure Services John Montepetet To Whom It May Concern, As President of Ft. Pierce National Little League for the 2000 season r wish to express OUI thanks for the batting cages you are proposing at he Elks Field of Drea.ms. We appreciate your willingness to meet the needs of the children of St. Lucie County by . providing modern proper equipment to help physically crain them. Our board has sel aside money to participate in the building of these batting cages and is willing to contribute our share of $5,000, (five thousand dollars), \Ve will provide an electrician to pull a permit and pull the wires for the pitclùng maclùnes as per our conversation on 5/24/00. John Fife is our board representative for this project and I have asked him to keep in contact with the powers that be and help oversee the project. Thank You, t)~ ~~ Kevin L. Garbers President, Ft. Pierce National Little League · g:"'22-2ØøØ 3: 32Pt·1 FROt-1 ~ 'WI P.l j¡( Vi\{)~'" Of FORT PIERCE AMERICAN LITTLE LEAGUE Fl PIERCE, FLS4947 561-465-3150 561-489':5782 ALTERNATE FAX DEAR JEFF: IN REFERENCE TO OUR PHONE CONVERSATION THE OTHER DAY I HAVE TALKED TO OUR BOARD AND THEY ARE IN AGREEMENT THAT WE WOULD BE ABLE TO PUT $4800.00 TOWARDS THE PROJECT OF THE BATTING CAGES. I WOULD LIKE TO THANK YOU FOR ALL YOUR EFFORT NO MATTER HOW EVERYTHING TURNS OUT. IFTHERE IS ANYTHING THAT YOU MAY NEED PLEASE DO NOT HESITATE TO CALL MY OFFICE (561489-6672) OR MY HOUSE (561-467- 8940). AGAIN THANK YOU. SINCEREL Y .~~ ~~.r- DAWN CASPER PRESIDENT =;,_.:..--~3~__Cq~~~.r ~~--~--~-=--_.- - .~-- .-.- -- . -. .-.. - - -- . . - -- _._.__~__ "?osí-' ': ~jgll-: .'- - .- .~--_..- -~. : -~~ : -=~~ -ì~~/ - ~-: -~ - --~ ~ '.-..-.:~'~- -- - =~ -~-~.-:~---:- ~ -... - - ..~-:__ -+-2-~~t~ o· )-}( ~ i ~~ + -""7 .. .. - .- - .--. --... -. -'- - - - .. --.. -r~~ I ---=p.O-Sf: . ~ ! -Z.....:- +-..,-':- .:.. -'-' - .-. . .--- . I. I I. . .-:--____~__;___~...,.....J..---~..J.~-.---.-- I. ___ _.__ . ___._u___ __ ___+~_--__,_--~ __'-~ ~ -C-:J' Æ-PAf:f:- -- - - ----- - ~---- - i-- -~.,..~.--;-. ,- - ~- -:--.. - .- :. - . 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I I I I I , I I I ~ I , I I t I I I I I I I , I I t , t I I ~ ~ ~ ± r- '''';rl î'" '.~ , :T µ. I: T 1" -:- . _ ....c ~ 1 ":! 3 4 Xi 6 7 XI 9 10 >\1 12 13 . 4 15 16 et 18 24 2 2 2 20 20 17 16 16 15 14 13 2 12 ...Q10 <5 -9 V) " 08 (Y) X7 " as f" 8 5 4 4 3 2 ék~ J 59 ... .., \ I ~ j /'].. 5' 0.'0 to ~ e. Ì' i Y2..' o 3"con~t.( ?O~+ 07/21/00 ... FZÂBVARR FUND 001 001125 001126 001127 001128 001245 001246 001248 001252 001253 001806 001807 101 101001 101002 101003 101006 101210 102 102001 105 107 113 114 116 117 119 121 123 136 138 140 160 183 183001 183004 183105 184202 184803 185001 185204 186 186203 310003 316 316001 337 339 S~UCÌ~ éöUNTŸ "- nOAlUj ..., vARRANi' LtS! 143- 15-JtJtr-200ù TO 21"-~ìOÖO FUND StfMMAAï TITLE General Fund TC Communi ty Action Agéticy Ft 99/00 Section 112/MPO/FBVA planning 99/00 National Endowment HUlllél.ni tiès Section 112/MPO/FHVAlPlanning FY01 TRIP Grant FY 99/00 99/00 Emergency Hgmt. Prep & Assist TDC Planning Grant FY 99/00 Urban Mobile Irrigation tab Gtänt 1999 DMS One-Stop Permitting Gránt Ecotourism/Heritage Tourisum County Floridian Aquifer VeIl Monitoting Transportation Trust Fund Transportation Trust Intètlocals Transportation Trust/80t Constitut Transportation Trust/Lòcàl option Transportätion Trust/I~paêt ~ééS New County Héalth Building Unincorporated SérvicesFund Drainage Maintenance HSTU Library Special Grants Fund Fine & Forfeiture Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Blakely subdivision Fund Queens Cove Lighting ništ#13 Ptirtd Monte Carlo Lighting HstU#4 Puhd PaInt. Lake GardenS MSTU Furtd Port & Airport Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial eir Ct Admirtistrator-Arbitratiort/Hédiat Ct Admin.- Teen Court Dom Relations Heating officét 99/00 Ft Pierce Inlet Hgmt Implémèfttation FIND-Ft Piercê Inlet Uydrodyhámic SHIP Housing Assistàhce FY 00/01 FHFA SHIP 99/00 Recycling Operating Fund Recycling & Educàtion 99/00 Impact Fees-Public Buildings County Capital Transportation Capital Lost Tree Estates Capital Futid Timberlake Estates MSBU Caþital mlmšM 162.öì1.14 452.21 1;041.83 31.08 0.00 17.579.52 5,300.00 22.04 321.24 5; 741.00 130.69 321.24 91,111.91 5.25 ld,890.oo 11,150.00 21;2Ö1.11 1,255.00 11,296.62 1,445.94 2,930.93 184,924.95 199.41 439.12 486. sa 121.53 106 . 36 64.19 247.10 1 , 2S!5- 66 104.53 6,179.11 461.24 541.81- 21.18 519.36 3,019.26 a.244.55 3,064.B6 51,044.10 3~1.81 259.01 4,990.19 21,BU.19 49,041.94 629.15 1,229.46 l,SìS.Oö ~Aðft 1 l'AfltðLL 301,Ž14.44 113.19 0.00 ld7. 15 5,034.55 o.do ö.oo 113.69 1 , 1!;:t 95 0.00 0.00 1,1~3.M 95,412.43 0.00 0.00 Ö,OO é)dÖ Ö.OO 4~,5M.9() 3, aL12 1,S6S.1ê 16J4~Ö.ŽS ö.OO 0.00-0.00 0.00 0.00 O.ÔÔ 0,00 0,00 O.ÖO 1,009,19 2,110,j4 4,664.ö4 l,SêLj1 2,SS9.j4 tI.OO Ö.ÖÖ ().ÖÖ Ö,OO 1 ,aa. ~Ö 1.11g.Oö l,öM¡~ö 0.00 Ö.OO C).CO Ö.OO 0.00 07/21/00 ~Luct~ cöum1 - BöA1W \""'; PAG~ Ž FZÅBVARR VARMNT LIst '43- l.~-Jt1tr-ŽÖÖO tö ~1-JtJt.-~Oôd FUm> StJt.fMAt{f FUND TiTLE ~S2S PAftOLL 382 Environmental Land Càpltàl Fund 1~ò,oo Ö,Öù 401 Sanitary Landfill Fund 58.61B.41 30.~Žg.ö4 418 Golf Course Fund 87 ,~H6.00 1Bfgg1.lJ1 421 H.E.Y. Utilities Fund 2.619.29 193.19 441 North Hutchinson Island Utilities 67.016.11 3.2~9.~~ 448 Renewal & ReplaceDlen t Fund 5;750.00 0.00 451 S. autchinson Utilities Pund 25.372.54 3.036.12 461 Sports Complex Fund 4,369.29 9,199.91 471 aoliday Pines Utilities Fund 22.561.41 0.00 491 Building Code Fund 4,434.80 1!3. ~H 1 .aö 501 Information Technology Fund 60.985.39 66. 110.B1 505 aeàlth Insurance Fund 210;344.31 2.g46,31 505001 Property/casualty Insurance Fund 96.00 0.00 510 Service Garage Fund 11.570.02 7,931.BO 611 Tourist Development TtUst-Adv Fund 33.599.99 2,1ì4,aö 625 taw Library 3,291,00 Ö.ÖÖ 650 Agency Fund 4.102.92 0.00 672 F.F.A. Roàd Food 1,971.69 0.00 GMND to'1'At: 1,301.971.60 111fMg.žö '-' AGENDA REOUEST 1fEM NO. ~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration SUBJECT: Bi-Weekly Committee Reports DATE: July 25, 2000 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Doug Anderson County Administrator BACKGROUND: At the April!!, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, on a bi-weekly basis, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2nd and 4th Tuesday of each month. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/ A RECOMMENDATION: This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: Committee Blueway Advisory Committee Childrens Services Council Cultural Affairs Council SLC Expressway Authority Friends of SLC Library Property & Homeowners St. Lucie County Fire District Transportation DLCB Treasure Coast Regional Planning Council COMMISSION ACTION: [ ] APPROVED [ ] DENIED [2g OTHER: Reports given Meetinq Date Monthly 2nd Thursday 2nd Tuesday 3rd Thursday 2nd Thursday 2nd Wednesday 3rd Wednesday 2nd Wednesday 3rd Friday Commissioner Barnes Barnes Coward Lewis/Barnes Lewis Coward Bruhn/Hutchinson Lewis Coward/Hutchinson CE: County Attorney: Management & Budget Review and Approvals Purchasing: Originating Dept. Other: Other: ~ AGENDA REQUEST ""'" ITEM NO. c- 2A DATE: JULY 25,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBJECT: SUBMITTED BY: PUBLIC WORKS DEPARTMENT Bid waiver to approve a repair estimate from quotation, for a 1992 Kenworth Dump Truck by Freightliner Trucks of South Florida. BACKGROUND: In accordance with the St. Lucie County Purchasing Manual, Section 5.5 (a) (4), service repair contracts can be approved for equipment owned by the County. This dump truck is a 1992 Kenworth with a 22-CY dump bed. The rear end drives have failed and will need to be replaced at an estimate of $10,746.86. See attached cost estimate for details. FUNDS AVAILABLE: 101-4110-546005-400 - Equipment Maintenance - Central Garage PREVIOUS ACTION: 5-23-00 approved purchase of used truck. Board Item # C-5-A RECOMMENDATION: Staff recommends approval of the repair estimate, approve the request for a bid waiver and authorize repair of this dump truck by Freightliner Trucks of South Florida for $10,746.86. PC] APPROVED [ ] OTHER: [ ] DENIED as M. Anderson ty Administrator COMMISSION ACTION: [ ]Mgt. & Budget [ ]Co. Eng. [X] FleetSu~~-? IXIPu"",O';". æ ~ [X]Road & Bridge Mgr. . Coordination/Signatures [ ]County Attorney [ ]Public Works Director [ ]Finance (check for copy only, if applicable) - '-" JUSTlflCA TIU fOR SOLrSOURCrPROCURr~rNT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. 1. We propose to procure the following: Repair the rear end of a 1992 Kenworth Dump Truck 2. As a sole source procurement from: Name of Company: Freightliner Trucks of South Florida Contact name: Laz Phone: 561-466-9424 3. driven to other venders. This company has preformed satisfactory work in the past and has given us a fair value estimate. 7/12/2000 Date Road & Bridge Division Department/Division ~~ Authorized Signature Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. Road & Bridge Manager Title Approved ( 'f ) Disapproved ( ) P~i~CTOR Jf'v[dJ DA E revised OS/2000 Q7/11/00 11:37 ~_ I..;" "8'3614665102 PRE I GHTLlNER ~001/002 FFlElOHTUNER TRUCKI OF SOUTH FLORIDA eSTIMATE OF REP~IR COSJ NAME. ,rr ~/:e. ~.ry ADDRESS 6~ . DATE 7'" /'0 -IQ~ PHQNF ~ 1f"'ó~ -G.-JJt'J,,6 .' ~ 7¥lJù ýf S/>/ãY MIL.EAGE J'7FI.r/' ' MAKE MODEL VEAR sEAtAL NUMBER PAFITS NEceSSARV AND LABOR ESTIMATE PARTS LABOR /~!L lj/f " ,.- / i};'~ J6>. J7 '!£ or' 3S i?t.. ~ '?r-U /2-;a r~ /I~~ 6' S'b ct LI 9'7S'!l ð// 32,s- ~ ,y'ÇSE -:$ S-7 f!? z.cæ :..s-S~ ¡ THE ABOVe IS AN ESTI~TE 6ASED ON OUR INSPECTION AND DOES NOT COVER ANY ADDITIONAL PARiS OR LABOR WHICH MAY BE AEOU'RED AFTER THE WORK HAS l!IEeN STARTED. OCC~IONALL Y AFTER TH£ WORK 1oIA,S STAATED. WORN PARTS OR H'ODEN DAMAGE IS DtSCOVEAED, WHICH IS NOT evID~NT ON THE FIRST INSPECTION. BECAUse OF TIoIIS, THE ABOve PRICES ARe NOT GUARANTEED. . . 07/11/00 j 11:38 US614665102 FREIGHTLINER fa! 0021002 , .... ~ FRElQHTUNER TRUCKS OF SOUTH PLORtDA !i§TIMATE OF REPAIR CÇ)ST DATI; PHONF NAME ADDRESS MAKE MODEL VEAFI SeRIAL NUMBeR ....lEAGE PARTS NEceSSARY ANO LABOR eSTIMATE PARTS 77") Z. 'tr LABOR Z-~ z. s¡g. ~ ô~B-J ' /t?2.. ~ 1871 Data ?,-/ 0 TO !110m ~ J CD. PtIonø # "hOC!. 41 I , . I j THE ABove 1$ AN ESTIMATE Eon......... V''9 ....\1... ......rs;;'-' I 'VI~ I'\''V ~ ~, ~UYI:r1 "NY ALJUIIIUNAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK HAS BI!EN STARTED. QCCAStONALl Y AFTER THE WORK HAS STARTEO. WORN PARTS OR HIDOeN DAMAGE IS DISCOVEReo, WHICH IS NOT EVIDENT ON THE FIRST INSPECTION. BeCAUSE OF THIS, THE ABOve PRICES ARE NOT GUARANTëeD. - '-" ...., AGENDA REQUEST ITEM NO. C-2b DATE: July 25, 2000 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT): PUBLIC WORKS DEPT SUBJECT: Request permission to award a contract to East Coast Sod & Landscape, Inc. in the amount of $133,690.96 to install irrigation and sod the South County Regional Sports Stadium. The stadium must be completed as close as possible to October 1. This tight schedule requires the work to begin as soon as possible. BACKGROUND: The St. Lucie County School Board received bids for the South County Regional Sports Stadium. St. Lucie County has retained the services of Ranger Construction Industries to construct the sports stadium. St. Lucie County will provide construction inspection services on this project. The School Board will assist with the funding. FUNDS AVAILABLE: Funds are available in Fund No. 31002-7210-563000-79502 (South County Regional Sports Stadium Account). Funds will be made available in 001-7210-563000-79502, and 301-7210-563000-79502. $300,000 will be moved from the General Fund contingency to this fund pending receipt of grant (attached). PREVIOUS ACTION: The Board authorized Staff to use emergency bidding procedures to retain the services of East Coast Sod & Landscape on July 11, 2000. RECOMMENDA TION: Staff recommends the Board award the irrigation and sod contract for the South County Regional Sports Stadium to East Coast Sod & Landscape, Inc. in the amount of $133,690.96. [x] Mgt. & Budge [x] Project. Man. . :] Purchasing [. ] Budget & Rev. Coor. COMMISSION ACTION: [J APPROVED [] OTHER [] DENIED [x] County Attorney [x] Originating Dept. Public Works [x] Finance (Check for copy only, if applicable) k ~ Department of 'wi Environmental Protection Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 David B. Struhs Secretary June 21,2000 Mr. Don McLam Project Manager Leisure Services St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: South County Sports Complex FRDAP Project No. F01229 DearM~ We are pleased to inform you that the Florida Legislature has funded the 2000101 Florida Recreation Development Assistance Program priority list that was approved and submitted by David Struhs, Secretary of the Department of Environmental Protection. St. Lucie County has been approved for $150,000.00, which is a grant for South County Sports Complex. Please return your written acceptance of the grant award to our office by July 14, 2000, so that we may prepare the contract agreement. In your letter, please identify any costs you may have; incurred on this project to date. A ceremonial check is available for your project. We encourage a joint event with your legislative delegation and local elected officials. Your legislative delegation has also been informed of the ceremonial check availability. It has been requested that they coordinate with you for a dedication ceremony if desired. The request for the delivery of a ceremonial check should come from one of your legislators. To assist you with this grant, we will be conducting a Grant Implementation Workshop in your 2re3. Y()!1 will ~~ receiving further ~nfor!T1atian soon !f you have r.InY questions. please contact our office at (850) 488-7896. We look forward to working with you on this project. Sincerely, ~ Mary Ann Communit ssistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station #585 MAUbg cc: Fran Mainella, Division Director Gerald Oshesky, Jr., P.E., Bureau Chief "Protect, Conserve ond Manage Florido's Environment and Nawral Resources" Pnn[~d on r~cycl~d pap~r. .- '-' """ YU"U'''J v.;¿~ rAÄ ~Vl.~~.~~.~ sve 1I.IUDBV -- @ 002 Department.of Environmental Protection Jcb IIdh COVWtlOr Muol")' StoM"".n DousIlS &rJildJn, 3900 Commonwealth 8ou"v¥d TlllahulH. Florida 32]9'-;000 O&~1d 8. SITU," $ca'CQly June 21 2000 Mr. Chuck Proulx. Director Recreation and Part<! Department City of Port St. luciQ 121 Southwest Port St. Lucie Blvd. Port St. lucie, Flond8 34984 Re: South Country ~øorts Complex FRDAP'ProJed No. F01230 RECEIVED JUN 2 9 ZOOO ,.. & R8Gføtion Dept.. Dear Mr. Proub<: We are pleased to Inform you that the Floridalegialatut:eh.. funded ttte·2000l01Ftorida Recreation Development Assistance Program priority list that W88 epproved and submitted by Oavld StruM, Seaetary of the Department of Envin;~nmental Protectifjon. . The City of Po~t St:· Lúcle has been approved for $150.000.00, which is 8 grant for South Country [~ports CqmplQ)( Plea,., return your wotton acceptance of tM grant awafd to our office by July 14.2000,80 that we may prepare the contract agreement In your letter, pleese.identify any costs you may have incu"ed on !hIS project 10 date. A ceremonial check is avaUable for your project. We encou,..ge a JoInt event with your leglllatlve delega1lon end local uleçtf)d o1ficlals. Your Ieglsla~ delegation h~.al.o been informed of the ceremonial. check availabilIty. It has been requested tMt tt)ey cOord. nata with you foradedijcetiòn ceremony If desired. The request for tM delivery of a ceremOtiial check ehould come from on9 of your leglsltlJtol'8. To a~slst you with this grant, we will be conducting a G:ant 1mplementation Wo~hop in your area. You will be reoeiving further infQrmation soon. If you have any questlon$. plGa$e contact our office at (eSO) 488·7896. We look forward to worldng WIth }'Ouon this project. slncereIY~... I/J. .. "YÝ11.. . ~~ M~'~: ~ . lV- . Communi sls':an08 Consultant Bureau of DeSlgn;and Recreation Serviee6 Division of Recrention end Park& Mail Station #S86 MAlJbg cc: Fran Mainella. OivÍI;ion Director Gerald O!hesky, Jr.. P.E. Bureau Cnief '.,~ Coruer.oe ønd Mønqe RorItWs EnrIro,,"'em 0114 NfJUJI. ItQo(¡rcu" f'MUIod .... ~ p..,~' , . ,-,DGET AMENDMENT REQUEST FOV REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: OMB / ADMINISTRATION 07/07/00 07/11/00 TO: 001-7210-563000-79502 Improvements OfT Buildings $300,000 FROM: 001-9910-599100-800 Contingency $300,000 REASON FOR BUDGET AMENDMENT: To enable the project manager to continue construction of the new South County Regional Stadium in anticipation of receiving $300,000 from the State of Florida. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: $376,584 $300,000 $76,584 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 00-145 3:\BUDGET\OUA TTROIGENERALIFORMSIAMENDMoo. wb3 07107/00 .- .. FISCAL YEAR 1999-2000 FU~S APPROVED FROM CONTINGElftty 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 12107 Admin/County Atty. Platts Creek Acquisition 001-1210-561000-3112 $78,000 12107 001-1210-561002-3112 $6,000 12107 Administration Health Deptllmpact 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 Civic Center Civic Center Sign 001-7510-563000-700 $95,000 03/14 Administration Impact fees -PSL Athletic League 001-1900-582000-100 7,007 03/14 Administration Florida Grapefruit Coalition 001-1900-582000-100 7,500 03/14 Leisure Services Equestrian Arena 001-7210-563000-76009 108,000 04/11 Administration White City Hisorical House 001-1930-563000-16010 $35,000 02115 Veteran Services Computer 001-5310-564000-500 1,240 04/18 Communications 001-5310-541000-500 800 04/18 Community Development Match for Tree Spade Grant 001133-1525-564000-100 3,000 05/02 Veteran Services New position - Veteran Srvcs Officer 001-5310-512001-500 6,900 OS/23 Clear up Impact Fees 001-151 0-531 000-1 00 5,364 06/13 Administration Heathcoate Bot Grdns Property 001-1900-561000-16001 90,000 06/27 Administration S. County Regional Stadium 001-7210-563000-79502 300,000 07/11 Total used: Balance Available 823,416 76,584 Proposed action: Balance Available After Proposed Action: 76,584 G:\BUDGE1\QUA TTROIGENERALIFORMSIAMENDMOO.wb3 07/07/00 !Iì1'1 \ 'Y.. '-' ...., ITEM NO. C2c DATE: 7/25/00 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PUBLIC WORKS - Buildina & Zonina SUBJECT: Request for Board of County Commission to approve an upgrade of four (4 ptop Computers instead of the four (4) Desktop Computers approved in last years budget. BACKGROUND: $6300 has been appropriated for the Desktop Computers. One of the Desktop Computers was to be purchased from the 102 account and three were to be purchased from the 491 account. FUNDS AVAILABLE: Funds available in 102-2415-564000-200-Machinery & Equipment-$10,758. Funds available in 491-2415-564000-200-Machinery & Equipment-$ 6,563. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval, as previously presented at the Budget Meeting of Tuesday, July 19, 2000 to upgrade Desktop Computers to Laptop Computers at no additional cost. Staff also requests 2 Laptop Computers purchased from the 102 account and 2 purchased from the 491 account. The increase in the price of computers is offset by savings in purchase of four vehicles. Review and Approvals CE: COMMISSION ACTION: fJ APPROVED o OTHER: o DENIED 181 County Attorney: 181 Management and Budget: e5bP ml¥~ , 1/ 181 Purchasing: . I. I . o Originating Dept: (Pub. Wks.) o Other: (Landfill) o Other: o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. - '-' """ soce of St Lucie County St Lucie County Automated Services 2300 Virginia Avenue Ft Pierce, FL 34982 Quote Date Quote No. 2000- 5/18/2000 557 Send To Board of County Commissioners Public Works Department ATTN: Sue Moorehead 2300 Virginia Avenue Ft Pierce, Florida 34982 P.O. No. Customer Ship Date REP Work Order No. Serial No. . 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Cf' 01 0) ~ o o ? .... o o c... . c en -I =ñ Õ :Þ -I Õ Z m c C 'G> m -I » i: o c z :-; ~ ,.... 01 o o m >< Cñ -I Z G> Z m ~ ;a m "tJ r- » (') m s: m z -I ~ f11 ~ m £) c: :;; 3: m z :-:I tJ ~ ~ d 1) 1:1 () c <: Cñ õ z t\J c: r:: tJ ~ G') en Qa ~ en ~ C) :::! o ~ en » "tJ "tJ ;a o < m !;' ~ en c m "tJ » :;0 -I i: m z :-; 1) c: t\J r- Õ ~ ~ en ;a m (') o i: i: m z c m !;' en :-4 mï De: e:~ ijm 3:0 mO ze: -tz ~~ Dm e:o m:Þ en:u -to "'0 0." :UO !!O me: Oz ~~ -<0 mO :Þs: :U3: ~- <Den <Den <D- '0 °z om :u en ~ en ~ """" AGENDA REQUEST ITEM NO. C-2e DATE: July 25, 2000 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT): PUBLIC WORKS DEPT $?' SUBJECT: Request permission to a rd a contract to Florida Power & Light in the amount of $134,966 to install lighting for the South unty Regional Sports Stadium. The stadium must be completed as close as possible to October . This tight schedule requires the work to begin as soon as possible. An initial payment of $38,80 ,as budgeted, will be paid and the balance will be financed from operations over an 18-year period. ..------- BACKGROUND: The St. Lucie County School Board received bids for the South County Regional Sports Stadium. St. Lucie County has retained the services of Ranger Construction Industries to construct the sports stadium, and East Coast Sod & Landscape to install irrigation and sod. St. Lucie County will provide construction inspection services on this project. The School Board will assist with the funding. FUNDS AVAILABLE: Funds are available in Fund No. 31002-7210-563000-79502 (South County Regional Sports Stadium Account). Funds will be made available in 001-7210-563000-79502, and 301-7210-563000-79502. $300,000 will be moved from the General Fund contingency to this fund pending receipt of grant (attached). PREVIOUS ACTION: The Board authorized Staff to use emergency bidding procedures to retain the services of Ranger Construction Industries on June 27,2000 and East Coast Sod & Landscape on July 11,2000. A contract with Ranger Construction Industries was awarded on July 11, 2000. Award of a contract to East Coast Sod & Landscape is pending. RECOMMENDATION: Staff recommends the Board award the lighting contract for the South County Regional Sports Stadium to Florida Power & Light in the amount of $134,966. COMMISSION ACTION: [j APPROVED [] OTHER [] DENIED [x] County Attorney [x] Originating Dept. Public Works [x] Finance (Check for copy only, if applicable) :þ/ ;:- '" '-' ""'" ITEM NO. C 2D DATE: July 25.2000 AGENDA REQUEST SUBMITTED BY (DEPT): Public Works -- Solid Waste Division REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) p~y:. Leo J. Cordeiro Solid Waste Manager TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: The staff requests the Board of County Commissioners cancel the current contract with Consolidated Resource Recovery for the processing and recycling of yard waste, effective September 30, 2000, and authorize a sole source/bid waiver to BP Technologies (see attached letter) and authorize the Chairman to sign the Contract as prepared by the County Attorney. BACKGROUND: See attached memorandum FUNDS AVAilABLE: Funds are available in Account #401-3410-534000-3901 PREVIOUS ACTION: N/A RECOMMENDATION: The staff recommends the Board of County Commissioners cancel the current contract with Consolidated Resource Recovery, effective September 30, 2000, and authorize a sole source/bid waiver to BP Technologies and authorize the Chairman to sign the Contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: o APPROVED o OTHER: o DENIED Review and Approvals Douglas Anderson County Administrator ~ County Attorney: t? ~ Management and BUdget~ (\ì /)10) ~ Purchasing: ~ Originating Dept: (Pub. Wks.\ ~ Other: (Landfill) o Other: o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the Sf. Lucie County Community Services Manager at 561-462-1777 or TTD 561-462-1428 at least forty-eight hours (48) prior to the meeting. ; , '-" ...., PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM - TO: Board of County Commissioners FROM: Leo J. Cordeiro, Solid Waste Managee DATE: July 25, 2000 RE: Yard Waste BACKGROUND: Currently, the Solid Waste Division receives an average of 160 tons of yard waste on a daily basis. The yard waste is stock-piled until a minimum of 3,000 tons is on site, at which time the current contractor will come on site and begin grinding the yard waste. With this volume of yard waste on site, there is an inherent risk of fire. After reviewing the current process of handling yard trash, Solid Waste staff began investigating alternative methods of recycling vegetative waste. The investigation has led staff to a company named BP Technology. This company, being the only company that will take our yard waste loose or baled on a daily basis, and recycle 100% of it. This method will eliminate several problems. There will no longer be a risk of a large pile of yard trash catching fire. We will no longer have a need to create a five-acre or larger yard trash processing area inside our construction and demolition disposal area. There will be no need to install an expensive fire suppression system, as required by Ordinance #99-003, effective January 1, 2001. BP Technology uses a biochemical reaction to extract the desired components of the yard trash. These components combined with certain nutrients make animal feed from the yard trash. Another component is used to create a zero sulphur fuel for use in coal-fired power plants. The process creates no waste. When the Solid Waste Division begins the baling process, the yard trash will also be baled for transportation, allowing the tipping fee for yard trash to be reduced. RECOMMENDATION: The staff recommends the Board of County Commissioners cancel the current contract with Consolidated Resource Recovery, effective September 30, 2000, and authorize a sole source/bid waiver to BP Technologies and authorize the Chairman to sign the Contract as prepared by the County Attorney. 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 hours (48) prior to the meeting. : ..... ~ .., BP fa Ii II (J I (J It \' ,.,. July 11 , 2000 \ Mr. Ron Roberts Solid Waste Superintendent St. Lucie County Solid Waste Division 6120 Glades Cut-Off Road Ft. Pierce, FL 34981 Dear Ron: This is a follow-up to our discussion about our processing Center, and how it differs from any other technology or process. I hope the information is useful. Biomass Processing Technology, Inc. (BPT) is proposing to handle your yard waste in a manner that is unique to any operation in Florida, for several reasons: BPT's process consists of applications of various technologies used in the agricultural, chemical, and medical business. The President and CEO of the company, Larry Denney, is the holder of patents relating to these other processes; one patent, involving the assaying of phosphorus within organic materials, is part of the unique technology required to make our process feasible. The company employs four professional engineers, and technical personnel in biochemistry, microbiology, and chemical engineering - this much concentration of expertise toward biomass makes us unique in the industry. I've forwarded some additional information about the company. Yard waste has been limited in uses because the material is an "impure" feed stock; i.e., yard waste contains other materials such as plastic, metal, and soil. Since 1996 BPT has been working on a unique material cleaning system, developed to remove ~ the undesirable non-organic fractions without losing ~ of the desired organic fractions. This unique, protected technology is one of the proprietary processes necessary to utilize yard waste for a higher value production feed material. This material refinement is also performed away from your landfill at our processing center, eliminating any need for operating space or associated operational issues such as dust or safety. Because BPT does not intend to incinerate the material or use it as fuel, it does not require drying. This eliminates the need to stockpile material to dry before marketing. The opportunity for St. Lucie County to save on its yard waste recycling program is afforded because of the proximity of St. Lucie County to BPT's $8 million processing Center. No other company or technology has invested this much within a feasible transportation distance from the landfill. We look forward to working with you in this important recycling effort. Please let me know if you need any additional information. Blom... proceaalng Technology, Inc. 4035 NW 43rd Street Gainesville, FL 32606 Phone (352) 367·1235 Fax (352) 367-3268 Mob. (561) 662-3194 ........................-....... '-' ...., @ FPL Recreational Lighting - "Exhibit B" ~~~:~~tttI;%::]\'·', CUSTOMER Responsibility: (Customer owned and maintained) · Customer must approve design submittal plan along with RL agreement Responsible for pole location survey Removal/demolition of existing customer owned lighting facilities (if applicable) Installation and maintenance of underground electrical distribution system including all trenching, conduit, and conductor from pole mounted ballast enclosure to FPL transformer (point of service) Installation and maintenance of all outdoor switchgear and enclosures All electrical permits Installation and maintenance of metering facilities excluding meter All variances from approved submittal plan will be subject to change order charges · · · · · · · FPL Lighting Recommendations · Per Approved Submittal Plans FPL Responsibility: (FPL owned & maintained) · Lighting System designed to FPL and customer specifications including pole layout and aiming diagrams · Lighting System Material & Equipment · Provide & install four (4) concrete foundations, four (4) 90 foot galvanized steel poles, seventy-two (72) 1500 watt metal halide luminaires (18 luminaires per pole), ballast enclosures, and wiring harnesses from luminaires to ballast. · Light System Installation · Unloading of poles & fixtures · Augering of holes ~. : ,::, · Pole asse(T1bly & erecting of poles · Aiming of poles & fixtures · All wiring & connections from fixtures to ballast enclosures · Signed and sealed foundation designs · Single source supply of complete lighting assembly ( poles and lights) · Provide required fixtures per design · Provide required poles and prestress foundations per design · Complete installation of foundations backfilled with concrete, poles and fixtures · Receive delivery and off load material/ equipment at job site · On site project manager through all facets of construction · Coordinate with Job site personnel to locate and identify existing underground facilities · Return job site to condition existing prior to installation of sports lighting · Project will be completed within six (6) weeks from the signed RL agreement date. . Lighting System Maintenance · Provide 20 year maintenance of all components of the lighting system including poles, luminaires, foundations, ballast enclosure, and wire harness from luminaire to ballast enclosures · Emergency 72 hour relamp service for fixtures identified by customer to be critical to the playability and safety of the participants. · Spot relamping of spent luminaires when 10% of the field requires replacement · Provide one (1) group relamp every 120 months /10 years · Provide Customer Service Representative (24 hours/day, 52 weeks/year) for reporting & coordinating repairs 1-877-347-3319 -- ... '-' "" FLORIDA POWER & LIGHT COMPANY Third Revised Sheet No. 9.130 Cancels Second Revised Sheet No. 9.130 FPL Account Number: FPL Work Order Number: RECREATIONAL LIGHTING AGREEMENT In accordance with the following terms and conditions, St. Lucie County (hereinafter called the Customer), requests on this , day of '_' from FLORIDA POWER & LIGHT COMPANY (hereinafter called FPL), a corporation organized and existing under the laws of the State of Florida, the following installation or modification of recreational lighting facilities at (general boundaries): located in St Lucie , Florida. (city/county) (a) Installation and/or removal of FPL-owned facilities described as follows: See Attachment For Project Detail See Project Submittal & FPL Exhibit "B" (b) Modification to existing facilities other than described above (explain fully): Total work order cost $ 114 Q(,(, That, for and in consideration of the covenants set forth herein, the parties hereto covenant and agree as follows: FPL AGREES: 1. To install or modify the recreational lighting facilities described and identified above (hereinafter called the Recreational Lighting System), fumish to the Customer the electric energy necessary for the operation of the Recreational Lighting System, and furnish such other services as are specified in this Agreement, all in accordance with the tenns of FPL's currently effective Recreational Lighting rate schedule on file at the Florida Public Service Commission (FPSC) or any successive Recreational Lighting rate schedule approved by the FPSC. (Continued on Sheet No. 9.131) Issued by: P .J. Evanson, President Effective: July 8, 1998 '-" ...., FLORIDA POWER & LIGHT COMPANY Third Revised Sheet No. 9.131 Cancels Second Revised Sheet No. 9.131 (Continued from Sheet No. 9.130) TlIE CUSTOMER AGREES: 2. To purchase fTOm FPL all of the electric energy used for the operation of the Recreational Lighting System. 3. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPL's currently effective Recreational Lighting rate schedule on file at the FPSC or any successive Recreational Lighting rate schedule approved by the FPSc. for facilities and service provided in accordance with this Agreement. 4. To provide access, final grading and, when requested, good and sufficienl easements, suitable construction drawings showing the location of existing and proposed struclures. identification of all non-FPL underground facilities within or near pole or trench locations, and appropriate plats necessary for planning the design and completing the construction of FPL facilities associated with the Recreational Lighting System. 5. To perfonn any clearing. compacting, removal of stumps or other obstructions that conflicl with construction. and drainage of rights of-way or easements required by FPL to accommodate the recreational lighting facilities. IT IS MUfUALL Y AGREED THAT: 6. Modifications to the facilities provided by FPL under this Agreement, other than for maintenance, may only be made through the execution of an additional Recreational Lighting Agreement delineating the modifications to be accomplished. Modification of FPL recreational lighting facilities is defined as the following: a. the addition of recreational lighting facilities; b. the removal of recreational lighting facilities; and c. the removal of recreational lighting facilities and the replacement of such facilities with new facilities and/or additional facilities. Modifications will be subject to the costs identified in FPL's currently effective Recreational Lighting rate schedule on file at the FPSC, or any successive schedule approved by the FPSc. 7. FPL will, at the request of the Customer. relocate the recreational lighting facilities covered by this Agreement, if provided sufficient right- of-ways or easements to do so. The Customer shall be responsible for the payment of all costs associated with any such Customer- requested relocation of FPL recreational lighting facilities. 8. FPL may, at any time. substitute for any luminariellamp installed hereunder another luminarie/1amp which shall be of at least equal illuminating capacity and efficiency. .'" 9. FPL will ensure the facilities rë·nìain in working condition and it will repair any facilities as soon as practical following notification by the Customer that such work is necessary. The Company agrees to make reasonable effort to obtain facilities for use in repairs or replacement to match the original facilities. The Company, however, does not guarantee that facilities will always be available as manufacturers of facilities may no longer make such facilities available or other circumstances beyond the Company control. In the event the original facilities are no longer available, FPL will provide and the Customer agrees to a sirrúlar kind and quantity. 10. This Agreement shall be for a tenn of twenty (20) years from the date of initiation of service. The date of initiation of service shall be defined as the date the first lights are energized and billing begins, not the date of this Agreement At the end of the tenn of service, the Customer may elect to execute a new Agreement based on the current estimated replacement cost. -AI 1. The Customer has elected to pay for these facilities as described in this Agreement by either paying a. lump sum of $134 . 9616advance of construction, or b. $ 1 , h ROper month for a period of (10) ten years, or c. $ 1, 202 per month for a period of (20) twenty years. * 12. The monthly Maintenance Charge is $ 110 . 00 This charge may be adjusted subject to review and approval by the Florida Public Service Commission. (Continued on Sheet No. 9.132) * Energy/Demand Charges are not Included. Issued by: P.j. Evamon, President Effective: July 8,1998 '-' ......., FLORIDA POWER & LlGlIT COMPANY Second Revised Sheet No. 9.132 Cancels First Revised Sheet No. 9.132 (Continued from Sheet No.9. 131) 13. The monthly Billing Charge is $ Public Service Commission. . 11ùs charge may be adjusted subject to review and approval by the Rorida 14. In the event of the sale of the real property upon which the facilities are installed, upon the written consent of FPL. this Agreement may be assigned by the Customer to the Purchaser. No assignment shall relieve the Customer from its obligations hereunder until such obligations have been assumed by the assignee and agreed to by FPL. 15. Should the Customer fail to pay any bills due and rendered pursuant to this Agreement or otherwise fail to perform the obligations contained in this Agreement, said obligations being material and going to the essence of this Agreement. FPL may cease to supply electric energy or service until the Customer has paid the bills due and rendered or has fully cured such other breach of this Agreement. Any failure of FPL to exercise its rights hereunder shall not be a waiver of its rights. It is understood. however. that such discontinuance of the supplying of electric energy or service shall not constitute a breach of this Agreement by FPL, nor shall il relieve the Customer of the obligation to perform any of the lerms and conditions of this Agreement. 16. If the Customer no longer wishes to receive service under this schedule, the Customer may tenninate the Recreational Lighting Agreement by giving the Company at least (90) ninety days advance written notice to the Company. Upon early tennination of service, the Customer shall pay an amount computed by applying the Tennination Factors, as stated in rate schedule RL-l, to the total work order cost of the facilities, based on the year in which the Agreement was tenninated. These Tennination Factors will not apply to Customers who elected to pay for the facilities in a lump sum in lieu of a monthly payment At FPL's discretion. the Customer will be responsible for the cost to the utility for removing the facilities. 17. The obligation to fumish or purchase service shall be excused at any time that either party is prevented from complying with this Agreement by strikes, lockouts, fires. riots. acts of God, the public enemy, or by cause or causes not under the control of the party thus prevented from compliance. and FPL shall not have the obligation 10 fumish service if it is prevented from complying with this Agreement by reason of any partial. temporary or entire shut-down of service which, in the sole opinion of FPL. is reasonably necessary for the purpose of repairing or making more efficient all or any part of its generating or other electrical equipment. 18. 11ùs Agreement supersedes all previous Agreements or representations, either written, oral or otherwise between the Customer and FPL. with respect to the facilities referenced herein and constitutes the entire Agreement between the parties. 11ùs Agreement does not create any rights or provide any remedies 10 third parties or create any additional duty, obligation or undertakings by FPL to third parties. 19. 11ùs Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL. 20. 11ùs Agreement is subject to FPL's Electric Tariff, including, but not linúted to, the General Rules and Regulations for Electric Service and the Rules of the FPSC. as they are now written, or as they may be hereafter revised. amended or supplemented. In the event of any conflict between the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules. the provisions of the Electric Tariff and FPSC Rules shall control, as they are now written. or as they may be hereafter revised. amended or supplemented. IN WITNESS WHEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives to be effective as of the day and year first written above. Charges and Terms Accepted: FLORIDA POWER & LIGHT COMPANY Customer (Print or type name of Organization) Bv: Signature (Authorized Representative) By: (Signature) (Print or type name) (Print or type name) Title: Title: Issued by: P.l. Evanson, President Effective: January 20, 1998 '-' Department of '-II Environmental Protection Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 David B. Struhs Secretary June 21, 2000 Mr. Don McLam Project Manager Leisure Services St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: South County Sports Complex FRDAP Project No. F01229 DearM~ We are pleased to inform you that the Florida Legislature has funded the 2000101 Florida Recreation Development Assistance Program priority list that was approved and submitted by David Struhs, Secretary of the Department of Environmental Protection. St. Lucie County has been approved for $150,000.00, which is a grant for South County Sports Complex. Please return your written acceptance of the grant award to our office by July 14, 2000, so that we may prepare the contract agreement. In your letter, please identify any costs you may have; incurred on this project to date. A ceremonial check is available for your project. We encourage a joint event with your legislative delegation and local elected officials. Your legislative delegation has also been informed of the ceremonial check availability. It has been requested that they coordinate with you for a dedication ceremony if desired. The request for the delivery of a ceremonial check should come from one of your legislators. To assist you with this grant, we will be conducting a Grant Implementation Workshop in your 2re3. Y0~ ~A!!!! t:9 receiving further !!1for:n?tian soon !f you have ;:¡ny questions. please contact our office at (850) 488-7896. We look forward to working with you on this project. Sincerely, IY) Mary Ann Communit ssistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station #585 MAUbg cc: Fran Mainella, Division Director Gerald Oshesky, Jr., P.E., Bureau Chief "Protect. ConselYe and Manage Florida's Environment and Nawrol Resources" Pnn[~d on '~cy(kd papN. · ,. .\.f '.J ..,.,..""", II";¿~ rAA. ;oa.~~.~~.~ 3VC II. JUDBV ~~ . rc:rJ002 Depa~ent:of Environmental Ptrotect¡'on Jcb """ (;O",",or .' Marlo')' St.Onel1\lI.n Do~u E¡'JÍldin¡ 3900 Commonw~alth 6oul('vvd T.Ilal\us". Flcrlda 323'1'1-.;000 O&I/ad 8. SITU/¡¡ xcrcwy . June 21,2000 Mr. çhuck Proulx, Director Recreation and Par1<s Department City of Port st. LuCiQ 121 Southwest Port St. Lucie Blvd. Port st. Lude, Florida 34954 Re: SollthCountry ~øor1S Complex FRDAP'Proect No. F01230 RECEIVED JUN 2 9 2000 PIrkl & Røçf.Jtiono.pt.. Dear Mr. ProulX: We are pleased to Inform you that the Florida LegiaIa1u(eh.1 f~nded ~hë.2000l01Ftorida RecreaUon Development Assistance Program priority list that ~a8 approved and submitted by Oavld StruM, Secretary of the Oepartment of Environmental Protecticj>.,. . The City of POI:! St: Üjcle ha$ been a)proved for 5150.000.00, which is 8 grant for South Country t~ports ~mplQ)( ,. Pleese ret\Jrn your written acceptance of thG grant awafc! to our office by July 14. 2000, 60 that we may prepare the contract agnlomant. In your letter, please,':identrty any CQst6 'you may have . incu"ed on this project to date. A ceremonial check is available for your project. We erlC:,ou~ge a Qlnt event. with your legislative delegatiot'l end local elected officials. Your Ieglsla~ delegation h~~'ëll50 been informed of the ceremonial check availability. It h8$ been requested tl'lat tt~ey ci>¢rdinatewith you foradedicatiòn ceremony If desired. The request for the delivery of a CGrGMoriial checK should come from OM of your leglsletot'B. To assist you with this grant, we wUl b& conducting a G:.Bnt Implementation Workshop in your area. You will be reoeiving further infonnation soon. If you hai/e any q4e8tlOo$; please contact our office at (850) 488-7896. We look forward to worldng wrth you on thls project. slncereIY~. ~. .. ~.~ ~ ' Mary e .. Communi sls,ance Consultant Bureau of De!llgn:and Recreation Services Division of Recrention end Pilrk~ Mail Station #586 MALJbg cc: Fran Mainella. Oiv~ion Director Gerald O~he5ky, Jr.. P.E.. Bureau Cnief ""roc-ea. CoNer.oe ønd Møt!4,e Aørld«s Emtro",,·em: ftnd N~,d #tuouWI'" 1'M~..... ~ P~~( . ~UDGETAMENDMENTREQUESTF~ REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: OMB / ADMINISTRATION 07/07/00 07111/00 ,... ...-_~-~~_ -~-_':-:Æ-f~t?,.~y..""~c::,",,>~-:::::: ~'~ ~ '":_:''' _:.... ":. ~ -- "--- --- -' : '--~-:-::if';,~ ':;:-- -'-'~'r"-',~'¿-'i1i;;;z:~ ::-1-:~·.-~ -. - ::-= " - .' :.;'-"~ ,--:: E=j : . ". '-,,:'~~::~i):'ITÚ-¡'Œf~~' - - - -- ' -~ - - ;) - ' _:.,~m~.··c': ,-' ..: '. - ,:;\,J9illJf ::;1 TO: 001-7210-563000-79502 Improvements OfT Buildings $300,000 . . FROM: 001-9910-599100-800 Contingency $300,000 REASON FOR BUDGET AMENDMENT: To enable the project manager to continue construction of the new South County Regional Stadium in anticipation of receiving $300,000 from the State of Florida, I CONTINGENCY BALANCE: $376,584 THIS AMENDMENT: $300,000 REMAINING BALANCE: $76,584 DEPARTMENT APPROVAL: OMB APPROVAL: I I BUDGET AMENDMENT #: 00-145 DOCUMENT # & INPUT BY: ::;:IBUDGEnaUA TTROIGENERAL IFORMSIAMENDMOO. wb3 07107/00 .. . « '-' FISCAL YEAR 1999-2000 FUNDS APPROVED FROM CONTINGE'1Icy 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 $78,000 12/07 001-1210-561002-3112 $6,000 12/07 Administration Health Deptllmpact 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 Civic Center Civic Center Sign 001-7510-563000-700 $95,000 03/14 Administration Impact fees -PSL Athletic League 001-1900-582000-100 7,007 03/14 Administration Florida Grapefruit Coalition 001-1900-582000-100 7,500 03/14 Leisure Services Equestrian Arena 001-7210-563000-76009 108,000 04/11 Administration White City Hisorical House 001-1930-563000-1601 0 $35,000 02/15 Veteran Services Computer 001-5310-564000-500 1,240 04/18 Communications 001-5310-541000-500 800 04/18 Community Development Match for Tree Spade Grant 001133-1525-564000-100 3,000 05/02 Veteran Services New position - Veteran Srvcs Officer 001-5310-512001-500 6,900 OS/23 Clear up Impact Fees 001-1510-531 000-1 00 5,364 06/13 Administration Heathcoate Bot Grdns Property 001-1900-561000-16001 90,000 06/27 Administration S. County Regional Stadium 001-7210-563000-79502 300,000 07/11 Total used: Balance Available 823,416 76,584 Proposed action: Balance Available After Proposed Action: 76,584 G:18UDGElìQUA TTROIGENERALIFORMSlAMENDMoo,wb3 07107/00 ~ AGENDA REQUEST "wII ITEM NO. c'-8·A DATE: July 25, 2000 CONSENT [X REGULAR PUBLIC HEARING [] Leg. [ Quasi-JD. SUBMITTED BY (DEPT): Community Development £L TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Consider authorizing the submittal of a grant application to the North American wetlands Conservation Act (NAWCA) grant program to assist in the purchase of lands within the North Fork of the St. Lucie River project. Also, consider authorizing the County Administrator to sign the application form and associated documents. BACKGROUND: In February of 1998, the County, the South Florida Water Management District (SFWMD) and the State of Florida CARL program entered into a Multi-Party Acquisition Agreement to purchase the North Fork of the St. Lucie River project lands. In the agreement, the CARL program agreed to cover 50% of the project cost, the South Florida Water Management District agreed to 30%, and the County committed to covering 20% of the project costs. The SFWMD may not be able to fund their portion through the Save Our Rivers program due to the reallocation of monies to the Everglades project. For that reason, staff recommends submitting this application to the NAWCA grant program requesting 30% portion of the project costs to acquire twelve parcels within the NFSLR project. FUNDS AVAIL.: Funds will be made available in the Environmentally Significant Lands account #382-3915-561000-310095. PREVIOUS ACTION: Board approved the Multi-Party Agreement on February 10, 1998. RECOMMENDATION: Staff recommends that the Board authorize staff to submit the grant application to NAWCA and authorize County Administrator to sign the grant application documents. X] APPROVED ] OTHER: DENIED COMMISSION ACTION: ~ounty Attorney: ~ Coordination/Sianatures Mgt " Budget: Purchasing: Originating Dept: Public Works: Other: Finance: (copies only): agempo2000bcc.wpd Parcel Key 1. 3404-211--0001--00014 2. 3403-502--008&-0000 3. 3403-502-O093--O0(}5 4. 3404-312--0001--00014 5. 3403-502--010B--00CY4 6. 3403-502--0222-0000 orth Fork of the St. Lucie River U\!geI1d 4/00 ~~t ....___Jott..."'" N ==E=t:J:.=S...· ~i~"11IIO' 7. 3403-502--0215--00Q/7 8. 3403-502--0235--0000 9.3409--344-0001--0101 10. 3403-502--0238--00014 11. 3416-112--0007--0000 12. 3403-502--023&-0000 '-" ...., AGBHDA UQUEST ITEM NO. C-3B DATE: July 25, 2000 CONSENT X REGULAR PUBLIC HEARING BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: XI APPROVED ] OTHER: County Attorney: Communi tv Development/Tourism Division JLJL R. J. Gibson Advertising Invoices R. J. Gibson, Inc. has been contracted to provide advertising services for the St. Lucie County Tourist Development Council. The invoices with all back up included in the amount of $31,032.13 for June represents cost for the following: $ 5,304.18 $ 4,984.80 $ 743.15 $20,000.00 Media Placement Web site transation into German, Spanish, and French Coupon Book creative design 50% Deposit for production of video Request approval for payment on the invoices for the month of June in the amount of $31,032.13. The Tourist Development Council and Staff recommend Board approval to pay the attached invoices. DENIED Coordination/Siqnatures Management & Budget: Purchasing: Other: Other: Originating Dept.: Finance: (Check for Copy only, if applicable) I'ORJIS\AGHRBQ '-Agenda Request ...", Item Number Date: /' ..--, L-..JC July 25, 2000 Consent Regular Public Hearing Leg. [ ] [ X ] [ ] [ ] Quasi-JD [ To: Board of County Commissioners .-... presjint ,?y oiJ- Ý /) - - /' . " - ~( ~ /' om. Development Director Submitted By: Community Development Director v SUBJECT: BACKGROUND: Midway Industrial Park - Phase II, Final Plat Review On June 19, 2000, through Administrative Order CD-00-009, the Community Development Director granted approval to the Minor Site Plan for the Minor Plat known as Midway Industrial Park, Phase II. This approval was granted subject to four (4) limiting conditions. Among the conditions of approval was the requirement that prior to the recording of any final plats for this minor subdivision, the developers of the property shall convey to St. Lucie County forty (40) additional feet of road right-of-way associated with the future widening of West Midway Road. This conveyance could be either by plat dedication of through separate instrument. The property owners have chosen to proceed with conveying this property through separate instrument. This dedication is eligible for a road impact fee credit considerations under the County's Road Impact Fee Regulations since it is a non-site related conveyance. A second condition of approval is that prior to the recording of any final plats for this Minor Subdivision, the developers of the property shall place a Conservation Easement over the two existing wetlands found on the property. These conservation easements shall be in favor of St. Lucie County, however they may include provisions whereby upon meeting all appropriate local, state and federal permitting requirements, the eventual site developers of Lots 1, 2 and 3 may petition the County to release portions of these Conservation Easements in order to provide for wetlands mitigation as may be permitted under the St. Lucie County Land Development Code. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board conceptually approve Road Impact Fee Credit Agreement RIF- 00-003; that the board approve the Conservation Easement between St. Lucie Cbunty and the developers of the Midway Industrial Park, Phase II and that the board authorize the final processing of this Minor Subdivision Plat, but direct that specific recording of the plat be withheld until the Conservation Easement and the right-of-way conveyances for West Midway Road are recorded and accepted by St. Lucie County. COMMISSION ACTION: CRJ APPROVED c::J DENIED c:J OTHER County Attorney Originating Dept.: Finance: Barnes requests board :J1/ Coordinationl Sianatures Mgt. & Budget: Other: Purchasing: Other: approval on conservation easement changes (AGEND122) ~ '...I COMMISSION REVIEW: July 25, 2000 COMMUNITY DEVELOPMENT DEPARTMENT ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Julia Shewchuk, Community Development Director DATE: July 19, 2000 SUBJECT Consider Granting Final Plat Approval for The Midway Industrial Park, Phase II On June 19, 2000, through Administrative Order CD-00-009, my office approved the Minor Site Plan for the Minor Plat known as Midway Industrial Park, Phase II. This approval was granted subject to four (4) limiting conditions. Among the conditions of approval was the requirement that prior to the recording of any final plats for this minor subdivision, the developers of the property shall convey to St. Lucie County forty (40) additional feet of road right-of-way associated with the future widening of West Midway Road. This conveyance could be either by plat dedication of through separate instrument. The property owners have chosen to proceed with conveying this property through separate instrument. This dedication is eligible for a road impact fee credit considerations under the County's Road Impact Fee Regulations since it is a non-site related conveyance. The following table outlines the amount due in impact fee credits in consideration for the conveyance of this property. This value has been determined using the standard County formula outlined in Section 1-17 -33.1 (c )(6) of the Code of Ordinances of St. Lucie County. Midway Industrial Park - Phase II ROW Dedications - West Midway Road Property Tax ID: 3406-501-0034-000/01 Area of Dedication: .56 acres Parent Parcel Area Last Tax Year (1999) Value - Entire Parcel Last Tax Year (1999) Value - Per Square Foot Appraised Value of Dedication Pàrcel: Amount of Road Impact Credit: At 120% of value per sq. ft. 24,394 24,394 61.38 $1,857,000 $0.694540 $16,942 2673712.8 $0.69 $20,331 Attached is copy of Draft Road Impact Fee Agreement 00-003. This draft agreement will be finalized upon the conveyance of the right-of-way for West Midway Road. A second condition of approval was that prior to the recording of any final plats for this minor subdivision, the developers of the property shall place a Conservation Easement over the two existing wetlands found on this property. These conservation easements shall be in favor of St. Lucie County, however they may include provisions whereby upon meeting all appropriate local, state and federal permitting requirements, '-' '-' July 19, 2000 Page 2 Subject: Midway Industrial Park, Phase II the eventual site developers of Lots 1, 2 and 3 may petition the County to release portions of these Conservation Easements in order to provide for wetlands mitigation as may be permitted under the S1. Lucie County Land Development Code. Attached is a copy of the draft Conservation Easement affecting this property. Staff recommends that the Board conceptually approve Road Impact Fee Credit Agreement RIF-OO-003; that the board approve the Conservation Easement between S1. Lucie County and the developers of the Midway Industrial Park, Phase II and that the board authorize the final processing of this Minor Subdivision Plat, but direct that specific recording of the plat be withheld until the Conservation Easement and the right-of-way conveyances for West Midway Road are recorded and accepted by S1. Lucie County. If you have any questions, please let me know. SUBMITTED: APPROVED AS TO FORM: I J tia Shewchuk, AICP ommunity Development Director JS/ MIDW A YINDFINALPLA T(a84) cc: County Administrator Asst. County Administrator County Attorney Public Works Director File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 '-' "'wI RIF 00-003 A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA AND MIDWAY PROPERTIES OF ST. LUCIE COUNTY, LC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE DEDICATION OF CERTAIN ROAD RIGHT-OF-WAY AT THE INTERSECTION OF WEST MIDWAY ANDSOl.JTH JENKINS ROAD ASSOCIATED WITH THE FINAL PLATS FOR THE MIDWAY INDUSTRIAL PARK, PHASE II THIS AGREEMENT is made and entered into as of this XXth .dayofXXXXXXX 2000, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the StateofFlórida, hereinafter referred to as "St. Lucie County" and Midway Properties ofSt. L.ucie County, L.C., A Florida Limited Liability Company., hereinafter referred to as "Midway". W I TN~iE S S .E,¡T H ..:.:.:.:....:.:.:....,..:..............'.:........:........:-,.-..'.--..'...':'::> ,-,>,,'-,-,', ',.....,..,.>:, ',",: u .c"-', .:::: .... ...... .---- -.... WHEREAS, "Midway", ownsãparcelof land at,(~~'~tør$éction of West Midway and South Jenkins Roads, in the ul1incprporated are ofSt;I...(.IcieÇounty, Florida that they propose to develop as a three lot industrail subdivisiónt~.(Qø wn a8'1I}. ustrial Park, Phase II, said property being more particularly described in the ã Exhibit~ WHEREAS, "M, gasoline/corn~eA .. rtrative Site Plan Approval for the development of this , 000 through Administrative Order CD-00-009 and, WHE8t;AS, Administrativ~, ..,.J'CD-00-009 includes a special condition requiring the conveyance of porti~rn' of this developm~øtite for the right-of-way needs associated with future expansion of the intøJ"$ection of West MidWgy, said area of dedication being described the attached Exhibit B; and, WfoIEI;IEAS, St. LucieCøunty has adopted a "Road Impact Fee Ordinance" which imposes impact fees relâti to public trarn~p()ftation facilities; and . iSøctiön 1-17-33.1 (c)(6) of the Code of Ordinances of St. Lucie County provides for credits for thed tiórfof non-site related road right-of-way on those roadways that are a part of the County's Roads Impact Fee Eligibility network; and, WHEREAS, based on the provisions of the Section 1-17-33.1 (c)(6) of the Code of Ordinances of St. Lucie Road Impact Fee Credit Agreement Draft #1 RIF-oO-Q03 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ~ 'wi County, the proportionate amount of the total project cost that is eligible for consideration of road impact fee credit is: $ 20,331 WHEREAS, "Midway" and "St. Lucie County" are desirous of establishing an agreement concerning the amount of credit that "Midway" shall be entitled to for the dedication of certain road right-of-way associated with the future widening of West Midway; and, WHEREAS, on (Insert date) the St. Lucie County Board of County Commissioners granted conceptual approval to the issuance of a Road Impact Fee credit to "Midway" in considerationfor.their dedication of certain road right-of-way associated with the future widening of West Midway; and, NOW THEREFORE, in consideration of the mutual covenantšenteredinto between thepàrtieshereto, to be made and performed and in consideration of the benefits to accrue to each of the parties, it is agreed as follows: Section 1. Incorporation by Reference. The above recitals are true and correct and are maâøe"part of this Agreement by reference. Section 2. Amount of Credit. "Miâway" is entitled to a credit against Roac:tlmpact Fe~$ in the amount of twenty thousand, three hundred and thirty one oaftaa ($20,381.00) doUª,fS under the criteria set forth in Section 1-17-33.1 (c)(6) of the Cod~Of OrdinanØQs of St. Lçì'êle County for the dedication of certain road right-of-way associated>witf;íthe futur~V'li~~~!~gofWest Midway; and, Section 31 The cr attach within.· t~E{nSferable as hed b is limited solely to the property legally described in nd is no ferable to any other property except for those parcels included reditmåy only be applied against Road Impact Fees and shall not be inst other impact fees imposed for purposes other than roads. Section 4. Payment<i~ lieu of credit. In the event thªt;¡"Midway" is entitled to more Road Impact Fee Credit than what will be generated by this âev~l()pment, "Midway" may request that the County remit to "Midway" the difference Road Impact Fee Credit used and the maximum amount of Road Impact Fee Credit ho unâer this agreement. Saiâ remittance shall be funâeâ through the appropriate Roaâ äcfFee account, as determined by the County Administrator. Section 5. Assignability of Credit. Road Impact Fee Credit Agreement Draft #1 RIF-oo-o03 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 '-' -..I The credits described in Section 2 above may be assigned as provided in Section 3, provided that the assignment is to a parcel included within the property described in Exhibit "A" attached hereto. Such assignment shall be by recordable written instrument. Before the assignment is effective, a copy of the assignment shall be provided to St. Lucie County at the address set forth below and the original assignment shall be recorded in the public records of St. Lucie County: County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 with copy to: County Attorney 2300 Virginia Avenue Ft. Pierce, Florida 34982 Section 6. Recordability of Agreement. This Agreement shall be recorded by "St. Lucie County" in the pubHcrecørds of St. Lucie County, and shall be binding upon "Midway's" successorsininterest and titletÓthe property described in Exhibit "A". Section 7. Termination of Agreement. This agreement shall be effecti.Ve until alLofthe Road If'!ípact Fee credits authorized under Section 4 have been consumed through the issuance of a builøing permit, or similar development approval, or the options describ~<1 inSection 4 hªvebeg{'l~xecuted and the amount of the authorized credit Section 8. credit th8:~j~~pauthorized through this Agreement may be redeemed until the right..Öf~way associated with the future widening of West Midway has been S1. Lucie County or their assign. IN WITNESS WHEREOF;:lhe parties hereto have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of: Road Impact Fee Credit Agreement Draft #1 RIF-OO-OO3 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 '-' ..".¡ Midway Properties of St. Lucie County, L.C., A Florida Limited Liability Company name, (title) print name: ******************************** Attest Board of CountyCcnllmissioners St. Lucie County, Florida BY: DEPUTY CLERK TO ATTORNEY Road Impact Fee Credit Agreement Draft #1 RIF-QO-OO3 Page 4 1 2 3 4 5 6 7 8 9 10 '-' '-II ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF ( BEFORE ME, the undersigned authority personally appeared and is authorized to sign and 11 execute the above Agreement and that the representations above sta,têd are true and correct to the best of his 12 knowledge, information, and belief. 13 14 15 SWORN TO AND SUBSCRIBED before me this 16 17 ,19_. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Road Impact Fee Credit Agreement Draft #1 RIF-oo-o03 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ~ """" EXHIBIT "A" LEGAL DESCRIPTION: Being a portion ot Tracts 9, 10, 11 and 12, in the Northwest one-quarter ot Section 6, Township 36 South, Range 40 East, ot MODEL LAND COMPANY SUBDIVISION, as recorded in Plat Book 4, Page 34, Public Records ot St. Lucie County, Florida, and being more particularly described as tollows: Begin at the southeast corner ot lands deeded to Treasure Coast Truss Co., Inc., as recorded in Official Records Book 422, Page 2789, ot the Public Records ot St. Lucie County, Florida, said poinUyirtg irtthe northerly right-ot- way line ot West Midway Road, an 80 toot wide right-ot-way; thence North 89 degrees~54tnlnl.ltes, 46 sec.ÇJnds East, along the said northerly right-of-way line of West Midway Road, a distance of 601.99 feet;it() the westerly right-ot-way line ot South Jenkins Road, as shown on the PlatofMIDW AYINDUSTRIAL PÄR(jas:tecØtded in Plat Book 38, Page 35, Public Records of St. Lucie County, Florid8;thence northerly and northWesterly along the said westerly right-ot-way by the following courses and distances; 1. Thence north 0 degrees, 5 minutes, 14 seconds west adistartce 0120.00 feet; 2. thence north 44 degrees, 52 minutes, 52 seconds east a distance of42.401eet; 3. thence north 0 degrees, 9 minutes, 1 secon~V'l~~t~dl~tance ot 631.821eet to the intersection with a non-tangent curve concave to the south!f!sthaVingar~di~~of 265.00 teet, and being the southerly right-ot-way line ot Environment Drive, with a radi,lbearirtgtosaldpoint of Intersection of north 64 degrees, 45 minutes, 43 seconds east; 4. thence northwesterly along the..røiôf said cy""e a distance of 165.60 feet, through a central angle of 35 degrees, 48 minutes, 18 seÇ'ØJtds'thenc~:nôrth 61 degrees, 2 minutes, 34 seconds west a distance of 704.33 feet to the beginnlg'9;1ôta curve,çgncave to the southwest having a radius of 365.00 feet; 5. arc of S~!~i,çí.(~~¡iJli¡distance ot 179.88 feet, through a central angle of nds; . thenC;.j! northwesterly,. 28 degrees, 14 miny thence dep~~[~Øs..1 east line ofthêlì1ôrt tangent curve, co" degrees,1 minute,23' Co., Inc., land~;lthen by the folloWing cours h 0 degrees, 9 minutes, 1 second east, along a line parallel with the , a distance of 520.08 feet to the point of Intersection with a non- a radius of 280.00 feet, the chord of which bears south 83 he northwest corner of the aforedescrlbed Treasure Coast Truss d easterly boundaries of said Treasure Coast Truss Co., Inc., lands 1. e arc of said curve a distance 0168.49 feet, through a central angle of 14 conds; 2. thence north 89 d~grees, 58 mlnutes,10 seconds east a distance of 202.12 feet; 3. thence SOU!hèg>degrees, 8 minutes, 55 seconds west a distance of 660.00 feet to the POINT OF BEGINNING; Contail1il1g16.20 acres, more or less. (TAX ID#'s: a portion of 3406-501-0034-0000) (Location: the Northwest corner of West Midway Road and South Jenkins Road) Road Impact Fee Credit Agreement Draft #1 RIF-OO-OO3 Page 6 '-' ..., 1 2 3 Area of Dedication EXHIBIT "B" 4 5 6 Being a portion of Tracts 10,11 and 12, in the Northwest one-quarter of Section 6, Township 36 South, Range 7 40 East, of MODEL LAND COMPANY SUBDIVISION, as recorded in Plat Book 4, Page 34, Public Records of St. 8 Lucie County, Florida, and being more particularly described as follows: 9 10 Begin at the southeast corner of lands deeded to Treasure CoastTruss Co., Inc., asrec::orded inOfficial Records 11 Book 422, Page 2789, of the Public Records of St. Lucie County, florida, said point lyingintheoortherly right~f- 12 way line of West Midway Road, an 80 foot wide right-of-way; th~fi;e North.~9degrees, 54~i"'l.1te$,4~tJeconds 13 East, along the said northerly right-of-way line of West Midwayflöact,a ctistance of 601.99 feet, to the westerly 14 right-of-way line of South Jenkins Road, as shown on the Plat9fMlp~~'{ INDUSTRIAL PARK, as recorded in 15 Plat Book 38, Page 35, Public Records of St. Lucie County, FlóTièlä;rt~'~g~ north 00° 05' 14" west along said 16 westerly right~f-way line a distance of 20.00 feet; thence contln J ........ . westerly row north 44° 52' 52" east 1 7 a distance of 28.27 feet to the Intersection with a line 40.00 f 0 it easured at right angles, and 18 parallel with the said north row of West Midway Road; the south st along lastly said line a 19 distance of 621.80 feet to the east line of said Treasure Co.,lnc.,Iª'thence south 00° 08' 55" 20 west a distance of 40 feet to the point of beginning. 21 22 Containing 0.56 acres, more or less. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Road Impact Fee Credit Agreement Draft #1 RIF-oo-o03 Page 7 -- . If -......, _'-'VV ......JUJ,. ..,OU-O..,Oi r c..c.. I\UjLc..\:I~U Ut.KU::J::J t-'AGE 02 :.-" t· ~ "wJI SPECIAL WARRANTY DEED This Inflrument Prepared byl Return to; Frank H. Fee. III. E$quire Fee. Koblegard & CeRoss 401 South Indian River Drive Fort Pierce. Florida 34950 ~. THIS SPECIAL WARRANTY DEED, executed thIs _ day of , 2000, by MIDWAY PROPERTIES OF ST. LUCIE COUNTY, LC., a Florida limited Ilabllfty company and RON THOMAS JONES and ANNE CODY JONes, as Ancillary CO.fersoMI Representatives of the Estate of THOMAS C. JONES, deceas.d hereinafter caned the Grantor, to ST. LUCIE COUNTY, FLOItJDA, a political subdivision of the State af Florida 2300 Vii'glnia Avenue Fort Plen:e. Florida 34982 hereinafter called the Grantee: ~""IIIIM\ 1M............,."'" ~·....iMhift.InII*..Iutal.,..., .,M~ ........lIIintIIritIwM, MIl "-.en.., ....II!I~ "'*-,..IIMItIrt...... arllJlfU/lNJ WITNESSETH, That the Grantor, for and In consideration of the sum of SIO.oo In hand paid by the said Grantee. the receipt whereof is hereby acknowledged, hereby grants. bargaIns. sells. aRens. remJsas, releases, conveys and confirms unto the Grantee farBvlr, all that certaIn land sftuate, lying and befng In the County of st. Lucie, state of Floñda, to-wit FOR LEGAL DESCRIPTION, SEE COMPQSrre EXHIBIT "A" APPENDED HERETO AND BY THIS REFERENCE INCORPORATeD HEREIN. TOGETHER with aU tho tenements, hereditaments and appurtenances thereto belongIng or· In anYNIse appertaining. TO HAVE AND TO HOLD the same in tee ~mpre forever. ANO the Grantor hereby covenants with the G,..ntee that at the time ofthe delivery of this deed. the premises were free from all encumbrances made by Grantor and that Grantorwm warrant and defend the same against the lawful claims and demands of all persons dalming by, through or under Grantor, but against none other. RECEIVED JUl10 lUOD BY FAX· Uf/~U/.UVV .~.VV ~O.J.-""OO-O""tO.L , '-'- ......UUL-~.....,...,. '.LI' ~I.- '''-'.....J.....J , '-' """" IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year flt'St above wrttten. Signed, Sealed and Delivered In the Presence of: MIDWAY PROPERTIES OF ST. LUCIE COUNTY, LC.. a Florida IImlÞd liability company By: . Witness Edwin C. Lunsford, Jr. Managing Member (print or Type Name) , Witness (pr1nt or Type Name) STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing Instrument was acknowledged before me this _ day of , 2000, by EOWIN C. LUNSFORD. JR., as Managing Member of MIDWAY PROPERTIES OF ST. LUCIE COUNTY, LC., 8 Florida limited liability company, who Is personally known to me or who pmvidtKJ as ldentlflcatton and who did not take an oath. . Notary Public State of Florida at Large My Commission Expires: My Commission Number: ...... ~ - """I _.............. .,........... ......,....... ............ "1o...'£...A-......\.A,...,,,1J JJL-,....u-J...J f·I-1Uc.. U~ .. '. too, '-' ." IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. Signed. Sealed and Delivered In the Presence of: . Witness RON THOMAS JONES. as Ancillary Co-Personal RepresentatIve of the Esåte of THOMAS C. JONES, deceased (print or Type Name) ,Witness _ (pñnt or Type Name) . WItness (pñnt or Type Name) ANNE CODY JONES, U Ançlll..'Y Co-Personal Representative of the Estate of THOMAS C. JONES. decehed . WItness (print or Type Name) STATE OF GeORGIA COUNTY OF I HEREBY CERTIFY that the foregoing Instrument was acJcnowledged before me this _ day ot .2000, by RON THOMAS JONES, IS AncDlaIy Co-P....onal Representatlw of the EstIte of THOMAS C. JONES, deceased, who Is personally known to me or who proVided as Identification and who did not take an oath. My Commi$s/Qn Expires: My COmmission Number: , Notary Publtc STATE OF GEORGIA COUNTY OF I HEREBY CERTIFY that the foregoing Instrument was acknowledged before me this _ day of . 2000, by ANNE CODY JONES, as Anelllaty Co-P.rsonal R.p.....rWttive ofth. Est3IIe of THOMAS C. JONES, d8CN8ed. who is personally known to me or who provided as identification and who did not take an oath. . Notary Public My Commission E>cpIres: My CommJsslon Number: IIIw' ...., Leg a I Description Being a portion of Tracts 10, 11, and 12, in the Northwest one-quarter of Section 6, Township 36 South, Range 40 East, of MODEL LAND COMPANY SUBDIVISION, as recorded in Plat Book 4, Page 34, public records of St. Lucie County, Florida, and being more particularly described as follows: BEGIN at the Southeast corner of lands deeded to Treasure Coast Truss Co., Inc., as recorded in Official Records Book 422, ~age 2789, of the public records of St. Lucie County, Florida, said point lying in the northerly right-of-way line of West Midway Road, an 80 foot wide right-of-way, thence N 89·54'46" E, along the said North right-of-way of Midway Road,. a distance of 601.99 feet to the westerly right-of-way line of South Jenkins Road os shown on the Plat of MIDWAY INDUSTRIAL PARK, as recorded in Plat Book 38, Page 35, public records of St. Lucie County, Florida; thence N 00·05'14" W, along said westerly right-of-way line, a distance of 20.00 feet; thence continuing along said westerly right-of-way line, N 44·52'52" E a distance of 28.27 feet to the intersection with a line 40.00 feet northerly of, as measured at right angles, and parallel with the said North right-of-way line of Midway Road; thence S 89·54'46" W, along lastly said line, a distance of 621.80 feet to the east line of said Treasure Coast Truss Co., Inc. lands; thence S 00·08'55" W a distance of 40.00 feet to the POINT OF BEGINNING. Contaning 0.56 acres, more or less. I HEREBY CERTIFY THAT THIS DESCRIPTION AND ACCOMPANYING SKETCH COMPUES WITH THE MINIMUM TECHNICAL STANDARDS AS SET FORTH IN CHAPTER 61G17~ -hOPTED ~DA ~ SURVEYORS. PURSUANT TO FLORIDA STATUTE 472.027. DATE: ~ 5. ~O/IO .BY 'L. RICHARD C. LAVENTURE. P.LS. 5209. '" Sheet 1 of 2 SKETCH OF DESCRIPTION Of ADDITIONAL RIGHT-OF-WAY File: 8739.5.dwg Dote: 7/03/00 ('1CCULPEPPER . -U'='TERPENING,'Nc. CONSUL TlNG ENGINEERS & LAND SURVEYORS 2980 SOUTM 25th STREET FORT PIERCE. FLORIDA J.4982 (407) 464-3537 Prepared For MIDWAY INDUSTRIAL PARK Tech: GLM ......, ...., SKETCH OF LEGAL. DESCRIPTION THIS IS NOT A SURVEY SCAlE IN FEET o 100 200 1----1 1----1 I I I I I Lot 10 I TreoRie Coost Truss Co., Inc. os r orded In O.R. Book 422 Page 789, public records of Sl,luc1e County, Florida. I I I PO iN OF BEGINNING Southeøst tr of Treasure Cooft Truss CO., n lands os recorded In O.R. Book 42 Page 2789, public records of St Lucie County, Florida. I I Lot 11 ILot I PROPOSED PLAT OF MIDWAY INDUSTRIAL PARK PHASE 2 1 2 Lot 2 I I- I 4. . :-+WEST MIDWAY ROAD (C.~. 712)- -d-- ~ L _ (SO' R/W) _ _I ~'OI"E -2..09.56', I I N,S.LR,W.M.D. CANAL NO. 103 \. ð. - DElTA R - RADIUS l - ARC LENGTH PG - PAGE PB - PLAT BOOI< POB - POINT OF BEGINNING POC - POINT OF COMMENCEMENT PLS - PROFESSIONAL LAND SURVEYOR £ .. CENTER UNE O.R. - OFFICIAL RECORD BOOK R/W - RIGHT-OF-WAY C.R.- COUNTY ROAD NO..- NUMBER N.S.LR.W.M.D.. - NORTH ST. LUCIE RIVER WA TER t.AANAGEMENT DISTRICT BEARINGS SHOWN HEREON ARE ASSUMED AND RElATED TO THE NORTHERLY RIGHT-OF-WAY UNE OF WEST t.AIDWA Y ROAD WITH A BEARING BASE OF N89'54' 46-E SKETCH OF DESCRIPTION OF ADDlìlONAL RIGHT-OF-WAY File: 8739.5.dwg Date: 7/03/00 C'li-CUlPEPPER . -~<=TERPENING.'NC. Prepared For MIDWAY INDUSTRIAL PARK Tech: GLM ! MIDWAY INDUSTRIAL PAR As recorded In Plot Book 38, Page 35, Public records of St. lucIe County, FLorida. Sheet 2 of 2 CONSUL TING ENGINEERS & LAND SURVEYORS 2960 SOUTH 25th STREET fORT PIERCE. FLORIDA 34982 (561) 464-3537 "-' "'-" PERPETUAL CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Easement") is made this _ day of , 2000, by and between Midway Properties of St. Lucie County, L. C., A Florida Limited Liability Company. and Ron Thomas Jones and Cody Jones as ancíllary Co-Personal representatives of the Estate of Thomas C. Jones, deceased (the "GRANTOR") whose mailing address is , in consideration of the sum ofTEN DOLLARS($10.00) and other valuable consideration, the adequacy and receipt of whi are hereby acknowledged, received from ST. LUCIE COUNTY, FLORIDA, a political subdivision of th te of Florida (the "GRANTEE"), with its principal office at 2300 Virginia Avenue, Fort Pierce, F 'd WITNESSET WHEREAS, GRANTOR is the owner in fee simp County, Florida, more particularly described i incorporated herein by reference (the "Property"); WHEREAS, the Property has two distinct wetlan Exhibit "B", attached hereto and incorporated her possess certain natural, ecological and open protection; and particularly described in he "Wetlands"); which f preservation and WHEREAS, the specific conservation an inventory of relevant features of t both GRANTOR and GRANTEE Park, Phase II, Preliminary consisting of maps, aerial ph provide, collectively, an a u which is i ed to se monito . lianc re further documented by ed and in the possession of reference ("Midway Industrial ent Report, Dated May 2000"), cumentation that the parties agree e Property atthe time of this grant and non-exclusive, information baseline for grant; and, EE intend that the conservation values of the ined by permitting only those land uses on the ntl pair or interfere with said values, except as may be rough an approved plan of mitigation for the "Wetland" asement; and, intends by this instrument to convey to GRANTEE the right to he conservation values of the "Wetlands" in perpetuity, reserving ther rights not inconsistent with this grant. , FORE, in consideration of the above and the mutual covenants, terms, con , and restrictions contained herein, and pursuant to and in accordance with the provisions of Section 704.06, Florida Statutes, GRANTOR hereby voluntarily grants and conveys to GRANTEE a conservation easement in perpetuity over the "Wetlands" of the nature and character and to the extent hereinafter set forth (the "Easement"). Midway Industrial Park! Conservation Easement Draft #1 July 25, 2000 Page 1 '--" 'wi .:L PURPOSE. It is the purpose of this Easement to assure that the "Wetlands" as depicted and described in the attached Exhibit B, will be retained forever predominately in their current natural, vegetative, hydrologic, scenic, open, or wooded condition, and to prevent any use of the "Wetlands" that will significantly impair or interfere with the conservation values of the "Wetlands". 2. RIGHTS OF GRANTEE. To accomplish the purpose of this Easement, t GRANTEE: (a) The right of GRANTEE to preserve and "Wetlands"; and (b) The right to enter upon the Property, with at reasonable times in order to monitor co terms of this Easement; provided th required to prevent, terminate or shall be upon prior reasonable n case unreasonably interfere property; and uipment and vehicles, erwise enforce the immediate entry is asement, such entry RANTEE shall not in any d quiet enjoyment of the (c) roperty that is inconsistent with this ch areas or features ofthe "Wetlands" activity or use. 3. TOR herein, or presently existing, the following etlands"; of buildings, roads, sign, billboards or other advertising, ures on or above the ground. ing of soil or other substance or material as landfill or dumping or , waste, or unsightly or offensive materials; or intentional destruction of trees, shrubs, or other natural vegetation pt for the removal of exotic or nuisance plants or vegetation) located within the areas described as the "Wetlands" in the Baseline Documentation, and as legally described in the attached Exhibit B; provided that this prohibition shall not be construed as restricting GRANTOR from devising a management plan or procedure Midway Industrial Park! Conservation Easement Draft #1 July 25, 2000 Page 2 '-' """ acceptable to GRANTEE for the destruction or removal of trees or other vegetation to control or prevent hazard, disease, or fire. (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface. (e) Surface use except for purposes that permit the land or water predominantly in its natural condition. (f) Activities detrimental to flood control, water storage, erosion control, soil conservation, fis allied purposes, or any use or activity that soil degradation or erosion or significant d subsurface waters. (g) Acts or uses detrimental to such retention (h) Acts or uses detrimental to the preservati appearance of sites or properties 0 cultural significance. integrity or physical , archaeological, or 4. RESERVED RIGHTS. epresentatives, heirs, successors, ts underlying fee simple title and gage in, or permit or invite others to xpressly prohibited herein and are not (a) in fe and boundary markers for the purpose of controlling ess, and establishing boundaries; provided that such fences aterially interfere with the purposes of this Easement. mortgage the Property subject to this Easement. TEE'S approval is required for any action to be undertaken by GRANTOR o ands" in this Easement, GRANTOR shall notify GRANTEE in writing of its request. The notice shall describe the nature, scope, design, location, time table, and any other material aspect of the proposed activity in sufficient detail to permit GRANTEE to make an informed judgment as to its consistency with the purpose of this Easement. Midway Industrial Park! Conservation Easement Draft #1 July 25, 2000 Page 3 '-' 'wi Where GRANTEE'S approval is required, GRANTEE shall grant or withhold its approval in writing within sixty (60) days of receipt upon a reasonable determination by GRANTEE that the action as proposed would be inconsistent with the purpose of this Easement. In the event GRANTEE'S approval is withheld, and GRANTOR in its discretion deems GRANTEE'S actions to be unreasonable, GRANTOR reserves the right to submit the issue or controversy to a court of competent jurisdiction whose decision shall be binding on the parties. 9. Nothing contained in this Easement shall be constr action against GRANTOR for any injury to or ch causes beyond GRANTOR'S control, including, earth movement, or from any prudent action ta conditions to prevent, abate, or mitigate significan such causes. 6. ACTS BEYOND GRANTOR'S CONTROL. 7. PUBLIC ACCESS. No right of access by the general public t Easement. 8. EXISTING EASEMENTS. g easements for public roads and provided further that any use of the aws with respect to pollution. forcement of GRANTEE'S rights held under this N 0 any liability for any damage or injury that may be Property or as a result of the condition of the "wetlands", I of solid wastes or pollutants. erms and restrictions of this Easement shall be at the reasonable EE and any forbearance on behalf of GRANTEE to exercise its rights .. e event of any breach hereof by GRANTOR shall not be deemed or be a waiver of GRANTEE'S rights hereunder. Midway Industrial Park! Conservation Easement Draft #1 July 25, 2000 Page 4 '-' ...." 1L SEVERABIL TY. If any provision of this Easement of the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions shall not be affected thereby, as long as the purpose of this Easement is preserved. 1£. NOTICES. All notices, consents, approvals or other communication shall be deemed property delivered only (1) on the da (ii) if mailed by certified mail/return receipt reques . signed or delivery is refused or the mail is desig deliverable, as the case may be; or (III) one (1) da mail service. ~ TAXES AND ASSESSMENTS. ", GRANTOR shall nds" and not allow ntor fails to extinguish ff the lien on behalf of e amount of the payoff, nterest at maximum allowable of such payment. The debt owed which automatically relates back to GRANTEE may foreclose on the perty in the event GRANTOR does not .14.:. be fied, amended, or released by recordable written . s to be filed in the official public records for the county in itions of this Easement shall be inserted by GRANTOR in any or other legal instrument by which GRANTOR divests itself of any operty. GRANTOR shall notify any future holder of GRANTOR'S interest ds" of this Easement. Midway Industrial Park! Conservation Easement Draft #1 July 25, 2000 Page 5 '-' "w1I ~ COMPLIANCE MONITORING. GRANTOR shall assist GRANTEE in the monitoring and enforcement of the terms and conditions of this Easement. GRANTEE shall provide GRANTOR in writing its assigned monitoring employees or agents. It is the intent of GRANTOR and GRANTEE that all monitoring employees and agents shall be properly identified in order to prevent unauthorized entry on or access to the Property and "wetlands". 1L BASELINE DOCUMENTATION. GRANTOR and GRANTEE have jointly prepared maps, aerial photographs, and other documentatio Property collectively referred to throughout Documentation." The parties agree this docum interrupt the natural cycles of change on or affec acknowledge and agree the Baseline Document Easement and is to be utilized solely as a benc parties in monitoring compliance with the terms of Baseline Documentation shall be dated, . GRANTEE and retained by each party. generally depict the boundaries of th wetland areas are as described in E .1.§.. AMENDMENT. to or modification of this Easement are free to jointly amend this Easement; hall b d that will affect the qualification of this E under any applicable laws, including Section 170(h) 954, as amended and any amendment shall be erne nt, and shall not affect its perpetual duration. ed in the official records of St. Lucie County, Florida. s erein contained run with the land and shall inure to the benefit the parties hereto and their respective executors, administrators, ves, heirs, successors, and assigns. T D TO HOLD the same together with all and singular appurtenances thereunto belonging or in anywise incident or appertaining to the proper use, benefit and behalf of the GRANTEE, its successors or assigns forever. Midway Industrial Park! Conservation Easement Draft #1 July 25, 2000 Page 6 '-' 'WI AND the GRANTOR hereby covenants with the said GRANTEE that it is lawfully seized of the Property in fee simple; that it has good right and lawful authority to convey this Easement; and that it fully warrants and defends the title to the Easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, this Perpetual Conservation Easement has been executed by the GRANTOR whose hand and seal is affixed hereto, the date and y first above written. Witness ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF ( I hereby certify that the foregoin , 2000 by Edwin C. Lucie County, L.C., a Florida Li produced ledged before me this _ day of g Member of Midway Properties of St. e/she is personally known to me or has n and who did not take an oath. , Notary Public of Florida at large Commission Expires My Commission Number: ***************************************** Midway Industrial Park! Conservation Easement Draft #1 July 25, 2000 Page 7 '-" ....., Witness Ron Thomas Jones, as ancillary Co-Personal representative of the Estate of Thomas C. Jones, deceased name, (title) print name: ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF ( ) me this _ day of ative of the Estate of e or has produced . Notary Public ge pires umber: ************************** Midway Industrial Park! Conservation Easement Draft #1 July 25, 2000 Page 8 '-' 'wtI Witness Anne Cody Jones, as ancillary Co-Personal representative of the Estate of Thomas C. Jones, deceased ACKNOWLEDGMENT 5T ATE OF FLORIDA COUNTY OF ( ) I hereby certify that the foregoing instrument ,2000 by Anne Cody Jones" as an Thomas C. Jones, deceased, who as identification e this _ day of tative of the Estates of me or has produced h. , Notary Public arge Expires Ion Number: ************************** Midway Industrial Parkl Conservation Easement Draft #1 July 25, 2000 Page 9 '-' "" Attest Board of County Commissioners st. Lucie County, Florida BY: DEPUTY CLERK CHAIRMAN APPROVED AS 1: CORREC Midway Industrial Parkl Conservation Easement Draft #1 July 25, 2000 Page 10 ~ ...., EXHIBIT "A" LEGAL DESCRIPTION: Being a portion of Tracts 9, 10, 11 and 12, in the Northwest one-quarter of Section 6, Towns Range 40 East, of MODEL LAND COMPANY SUBDIVISION, as recorded in Plat B 4, P Records of St. Lucie County, Florida, and being more particularly described as Begin at the southeast corner of lands deeded to Treasure Coast Records Book 422, Page 2789, of the Public Records of St. Luci northerly right-of-way line of West Midway Road, an 80 foot wi minutes, 46 seconds East, along the said northerly right-of-w 601.99 feet, to the westerly right-of-way line of South Jenkins INDUSTRIAL PARK, as recorded in Plat Book 38, Page 35, Pu thence northerly and northwesterly along the said westerly ri distances; 1. Thence north 0 degrees, 5 minutes, 14 seconds wes 2. thence north 44 degrees, 52 minutes, 52 seco 3. thence north 0 degrees, 9 minutes, 1 sec non-tangent curve concave to the sou right-of-way line of Environment Dri degrees, 45 minutes, 43 seconds e t to the intersection with a feet, and being the southerly oint of intersection of north 64 4. thence northwesterly along 35 degrees, 48 minutes, 18 distance of 704.33 feet to t 365.0 feet; of 165.60 feet, through a central angle of s, 2 minutes, 34 seconds west a ve to the southwest having a radius of 5. a distance of 179.88 feet, through a central angle of degrees, 9 minutes, 1 second east, along a line parallel with n 6, a distance of 520.08 feet to the point of Intersection with the no st, having a radius of 280.00 feet, the chord of which bears ds east, and being the northwest corner of the aforedescribed Treasure ong the northerly and easterly boundaries of said Treasure Coast g courses and distances; along the arc of said curve a distance of 68.49 feet, through a central angle of 53 seconds; egrees, 58 minutes, 10 seconds east a distance of 202.12 feet; o degrees, 8 minutes, 55 seconds west a distance of 660.00 feet to the POINT OF Containing 16.20 acres, more or less. (TAX ID#'s: a portion of 3406-501-0034-0000) Midway Industrial Park! Conservation Easement Draft #1 July 25, 2000 Page 11 '-' "WI (Location: the Northwest corner of West Midway Road and South Jenkins Road) Midway Industrial Park! Conservation Easement Draft #1 July 25, 2000 Page 12 -- 'WI EXHIBIT "B" LEGAL DESCRIPTION FOR WETLANDS "A" AN " Midway Industrial Park! Conservation Easement Draft #1 July 25, 2000 Page 13 '-' 'WI EXHIBIT "A" LEGAL DESCRIPTION: Being a portion of Tracts 9, 10, 11 and 12, in the Northwest one-quarter of Section 6, Township 36 South, Range 40 East, of MODEL LAND COMPANY SUBDIVISION, as recorded in Plat Book 4, Page 34, Public Records of St. Lucie County, Florida, and being more particularly described as follows: Begin at the southeast corner of lands deeded to Treasure Coast T~ussCo., Inc., as recorded in Official Records Book 422, Page 2789, of the Public Records of St. Lucie County, Fl(Îrida, said pointlyinginthe northerly right-of- way line of West Midway Road, an 80 foot wide right-of-way; th~nce North 89 degrees,54minut~s, 46 sec()hds East, along the said northerly right-of-way line of West Midwa~~~ad, a distapce of 601.9~feetrt()~þewesterly right-of-way line of South Jenkins Road, as shown on the Plat~f1MIDW~YJNDUSTRIAL PARK,a~recorded in Plat Book 38, Page 35, Public Records of St. Lucie County, Flórid~;thence northerly and northwesbnly along the said westerly right-of-way by the following courses and diståJ1Þe$; 1. Thence north 0 degrees, 5 minutes, 14 seconds west liI..distånceof2Q;QO feet; 2. thence north 44 degrees, 52 minutes, 52 seconds east a distanceof42.40feet; 3. thence north 0 degrees, 9 minutes, 1 second w~sf~c:I¡ non-tangent curve concave to the southwesthavirtg right-of-way line of Environment Drive., With a radi~1 degrees, 45 minutes, 43 seconds east; . e of 631.82 feet to the intersection with a ·~()f 26579Ófeet, and being the southerly . ,~()~¡¡idpoint of intersection of north 64 4. thence northwesterly along the.lil.rcof said curVe a dista 35 degrees, 48 minutes, 18 secçOldsthence)torth 61 de of 704.33 feet to the beginning:ófa curve..;oncave to of 165.60 feet, through a central angle of s, 2 minutes, 34 seconds west a distance outhwest having a radius of 365.00 feet; 5. thence northwesterly along the arc of såidcu 28 degrees, 14 mlnutE!$,12.seconds; . tance of 179.88 feet, through a central angle of thence depå. east line of th tangent curve, degrees, 1 min Co., Inc., land~. by the followhìg course .. th 0 degrees, 9 minutes, 1 second east, along a line parallel with the n~, a distance of 520.08 feet to the point of intersection with a non- â~.!Jg a radius of 280.00 feet, the chord of which bears south 83 east, a,.w.,>·s'the northwest corner ofthe aforedescribed Treasure Coast Truss ortherlycshd easterly boundaries of said Treasure Coast Truss Co., Inc., lands es; 1. thence southeasterJYi!' degrees, 0 minutesf53 . he arc of said curve a distance of 68.49 feet, through a central angle of 14 conds; 2. thence north 89 degrees, 58 minutes, 10 seconds east a distance of 202.12 feet; thence south 0 degrees, 8 minutes, 55 seconds west a distance of 660.00 feet to the POINT OF BEGINNING. Còntair'ting16:20 acres, more or less. (TAX ID#'s: a portion of 3406-501-0034-0000) (Location: the Northwest corner of West Midway Road and South Jenkins Road) Midway Industrial Park! Conservation Easement Draft #1 July 25, 2000 Page 10 ,-,. ..",; EXHIBIT "B" LEGAL DESCRIPTION FOR WETLANDS "A" AND"B" Midway Industrial Park! Conservation Easement Draft #1 July 25, 2000 Page 11 (\..f LEGAL r ....", DESCRIPTION ,. Being a portion of Tracts 9, 10, 11, and 12, in the Northwest one-quarter of Section 6. Township 36 South, Range 40 East, of MODEL LAND COMPANY SUBDIVISION, as recorded in Plat Book 4, Page 34, public records of St. Lucie County, Florida, and being more particularly described as follows: Commence at the Southeast corner of lands deeded to Treasure Coast Truss Co., Inc., as recorded in Official Records Book 422, Page 2789, of the public records of St. Lucie County, Florida, said point lying in the northerly right-of-way line of West Midway Road, an 80 foot wide right-Qf-way, thence along the easterly and northerly boundaries of the aforedescribed Treasure Coast Truss Co., Inc. lands by the following courses and distance; Thence N 00'08'55" E a distance of 660.00 feet to the POINT OF BEGINNING of the following described Wetland "A"; Thence continuing along the said north boundary .of Treasure Coast Truss. Co., Inc. lands, S 89'58'10" W a distance of 202.12 feet to the beginning of a curve concave to the northeast having a radius of 280.00 feet, the chord of which bears N 83'01'23" W; thence northwesterly along the arc of said curve a distance of 68.49 feet through a central angle of 14"00'53"; tþence departing said north boundary, N 00"09'01" W, along a line parallel with' ~e East line of the north one- half of said Section 6, a distance of 304.47 feet; ~hence S 89"04'35" E a distance of 22.63 feet; thence N 31"39'18" E a distance of 39..76 feet; thence N 67"23'20" E a distance of 20.73 feet; thence S 12"38'42· E a distance of 37.05 feet; thence S 2810' 27" E a distance of 33.10 feet; thence S 76"54'4'" E a distance of 46.28 feet; thence N 88'27'19" E a distance of 83.21 feet; thence N 87'33'45" E a distance of 51.66 feet; thence N 79'41'31" E a distance of 55.77 feet; thence S 76"08'10· E a distance of 36.32 feet; thence N 86'27'20· E a distance of 66.86 feet; thence N 3714'03· E a distance of 48.93 teet to the southerly right-of-way line of Environment Drive, as shown on the Plat of MIDWAY INDUSTRIAL PARK, as recorded in Plat book 38, Page 35, public records of St. Lucie County, Florida; thence southeasterly along the said southerly right-of-way line by the following courses and distances; thence S 61'02'34" E a distance of 383.03 feet to the beginning of a curve concave to the southwest having a radius of 265.00 feet, the chord of which bears S 54'35'02" E; thence southeasterly 'along the arc of said curve a distance of 59.75 feet, through a central angle' of 12"55'05"; thence S 78' 34' 42" W a distance of 56.18 feet; thence S 121>2'00· W a distance of 46.80 feet; thence S 65'48'39" W a distance of 49.28 feet; thence N 4914'41" W a distance of 44.92 feet; thence S 58'39'58" W a distance of 34.77 feet; thence S 5214'20" W a distance of 33.77 feet; thence S 22"25'41" W a distance of 42.55 feet; thence S 66' 46'26· W a distance of 58.85 feet; thence S 70"00'26" W a distance of 72.96 feet; thence S 69"34'48" W a distance of 64.90 feet; thence S 79"49'21" W a distance of 62.70 feet; thence N 57'02'46" W a distance of 42.11 feet; thence N 28'30'13" W a distance of 36.68 feet; thence N 4413'30" W a distance oJ 42.74 feet; 42.74 feet; thence N 5515'31" W a distance of 26.08 feet to the POINT OF BEGINNING. Containing 5.22 acres, more or less. .. .~ I HEREBY CERTIFY THAT THIS DESCRIPTION AND ACCOWPANYlNG SKETCH COMPlIES ¥11TH THE M'NIWUM TECHNICAL STANDARDS AS SET FORTH IN CHAPTER 61G17-6 ADOPTED BY THE FLORIOA BOARD OF lAND SUR'Æ)'URS, PURSUANT TO FLORIDA STA1\JTE 472.027. DATE: .BY RICHARD C. LA VEN1URE, P .LS. 5209. ShMt1of2 SKETCH OF DESCRIPTION CF Wetland · A· p. -r.... Far MIDWAY INDUSTRIAL PARK FIe: 23051ET.cIIIg Oat.: 5/11/00 I'QI!I. DIG ~ II LNID IUIM:"tœs - --...-.- fan' PBœ. ..- .- (417) .t ... Tech: rwb --z ';-14'ÕÕ'53" - R= 280.00' L = 68.49' CB = N 83'01'23" W ~. I Treosure ~st Truss Co.. Inc\~ os recorded in O.R. Book 422. \oge 2789, public records of St. Lucie County, florida. ..... o ...J Poirt of Commencement ~ · Southeast Comer of Treasure Coast ~ Truss Co., Inc. lands os recorded In O.R. Book 422. Page 2789, public records of St. luc:ie County, AorIdo. 660.00' "Ô g 0: ~w .. :2~ ~~ 00> :Þ"CO i(/' ..!. o 579'49'21·W ~ 62.70' '" 't: .r::. ~ Z . · (/). en <0 oi · ~ o. · ~ · · -- _NOO:'09'Q1 "W 304.47' · · · · · · · · . · · · . · · N8r33'45"£ 51.66' 215.61' N31'39'Uf£ R = 365.00' 39.76 ð = 28'14'12" N6r '0"£ L = 17988' 20.73' . \512'38' 42"£ 37.05' 52810'27"£ 33.10' N88'27'19"£ 83.21' / · . POINT OF BEGINNING · . N5515'31"W 26.08' . . · N79'41 '31"£ 55.77' · 576·08'1 O"~ -~632' · N4413'30"W . ... . -------42;r~---------;----------~-----------. ..- · ZÕ ..- Q{I 008 5~ O~ ...... m.g·o :J Q.. .g (I) ..; ~ -.J >- ~ ri 42.55' Z C>~ < æ ë--------------------------- - ~..; 8 N4914'41"W Q ~ u 44.92' O °ü 0:3 N CD..J o õ... ..- z -VI :5~ ...J'i w'E -+-' 08 0 Q~ ~.. -.J -< · 5521 4'20"W . 33,77' · 5SS·39'SS·W . 34.77' . · SKETai OF DESCRlPl10N CF Wetland -A- ....... Far MIDWAY INDUS1RIAL PARK > Cot · ., ----ca---- o ~ ~!: ~~i E"OJ_ ~:iZ c· :::J~ ~,g ~G ~~ g: ~ 1:0 . c 2: Õ ., . G o ~ a. . o - . · . N86'27'20"£ · . 66.86' . ~·A· . 5.22 AC. · · · · · r o · · · · r+- · · · · · · v.r · · Sketch of DescrIptIon ThIs.. Nota Q.rvey ~ A - DELTA R - RADIUS l - Me t.£N<rn1 œ - atORO IIEMING PC - PNÆ PØ - PLAT BOOK pœ - POINT OF BEQNNN; PaC - POINT OF COMIIEI«:ENENT PI.S - ~ lAND SUIt'ÆYOR IIEARIHGS St.o.N tÐŒON ME. ASSUMED N«J -- RlEl.A1I'Æ 10 11£ NOR1If RIGHT-cF-WAY UNE OF WÐWAY ~ HAWIG A 8ENaNG OF $ 1II'S4.4a""£. sa..t 2 of 2 fie: 2305WET.dwg Date 5/18/00 CQIIII-DIQ ~ .I: LAND 8UR'VE"IœS - ..... ... ..... ftIIr ~ ~ a.a 0lIl) .1 1117' Tedt: rwb I I , f '-" LEGAL f"" .."" DESCRIPTION Being a portion of Tracts 11 and 12, in the Northwest one-quarter of Section 6, Township 36 South, Range 40 East, of MODEL LAND COMPANY SUBDIVISION, as recorded in Plat Book 4, Page 34, public records of St. Lucie County, Florida, and being more particularly described as follows: Commence at the Southeast corner of lands deeded to Treasure Coast Truss Co., Inc., as recorded in Official Records Book 422, Page 2789, of the public records of St. Lucie County, Florida, said point lying in the northerly right-of-way line of West Midway Road, an 80 foot 'wide right-of-way; thence N' 89·54' 46" E, along the said northerly right-of-way line of West Midway Road, a distance of 216.56 feet; thence N 00·05'14" W a distance of 34.59 feet to the POINT OF BEGINNING of the following described Wetland "B": Thence N 07"23'01" W a distance of 74.58 feet; thence N 41·45'12" W a distance of 42.44 feet; thence N 04·00'18" W a distance of 56.60 feet; thence N 14·33'50" E a distance of 47.65 feet; thence N 18°21'04" E a distance of 51.28 feet; thence N 44·49'30" E a distance of 95.17 feet; thence S 74·43'07"E a distance of 59.53 feet; thence S 75·41'07" E a distance of 31.35 feet; ~hence N 36°44'51" E a qistance of 26.33 feet; thence S 87"29'11" E a distance of 27.69 feet; thence S 86·23'40" E a distance of 26.39 feet; thence S 86·04'57" E a distance of 65.30 feet; thence S 05·39'17" W a distance of 43.10 feet; thence S 18·47'32" E a distance of 23.19 feet; thence S 00·04'24" W a distance of 71.38 feet; thence S 13·24'37" W a distance of 57.21 feet; thence S 32·41'39" W a distance of 56.21 'feet; thence S 39· 25' 46" W a distance of 30.99 feet; thence S 75·46'56" W a distance of 34.17 feet; thence S 43·09'37" W a distance of 12.40 feet; thence S 77"29'48" W a distance of 73.06 feet; thence N 83·05'22" W a distance of 42.85 feet; thence S 68·46'11" W a distance of 64.87 feet to the POINT OF BEGINNING. Containing 1.87 acres, more or less. I tiEREBY CERTIFY THAT THIS DESCRIPTION AND ACCOMPAN'I1NG SKETCH COMPlIES WITH THE MINIMUM TECHNICAL STANDARDS AS- SET FORTH IN CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF lAND SUR'ÆYQRS. PURSUANT TO FLORIDA: STATUlE 472.027: DA TE: .BY RICHARD C. LA\'ENTURE, P.LS. 5209. Sheet1of2 SKETa-t OF OESCRIPl1ON OF Wetland -8- Pr.....1ICI Far MIDWAY INDUSTRIAL PARK fie Z305ET.dwg Oat.: 5/11/00 CClaU!..1INO E'MaIE.fk::I 6: I.NI) SIJIftÐœS - .... ... ..... G.. I'aIf '-' ~-- (<<Ø) .. .., Tech: rwb ( 'dketch of Desci1pt1on ThIs 18 Not a 8u'Yey ("-' t· a IX) N 1'1 1'1 MODEL LAND COMPANY SUBDIVISION \ \AS recorded in Plot Book 4, Page 34, Public records of j St. Lucie COUl'!ty, Florida. t 11 : Lot I 58T2~'11"E 27.~9' I I I I I I · r · .$·44'51"E 26.33' I. I 1518'47'32" I 23.19' . . . I . WE11.AND-ø' : 1.87 acres, more or less.: I . . . ,- I 1 I I .. 539~S'.6"W· 30.9~' . 1 575'46'56" J4.17' 1 I I Ñ N . ....0 ..." g~ CD!&: o o Ó 0::>'> CD óë CD c~ -Q 'i.! ~g u"" f~ .. °õ UfI c" -;8 8f :¡,g ~g, j~ f& jio ¡¡tl. ;; L 0 1 2 586'23' 40-[ 26.39' 586'04'57"£ 65.30' N89'50'59-E 138.4 7' (\ IX) \ ~ 'CD l!U 5 m o b o (/) w . It) It) åJ p o o z S05'39'17-W 43.10' ·1 SOO'04'24"W 71.38' -0 as o a: ·~I ~ ~ .c ·~I <.T' Ñ o a) m (\ N04 'OO'18"W S6.60' 513'24'37"W S7.21' N41'4S'12" 42.44' S32'41'~9"W 56.21 N44'S2'S2-E 42.40' Soo'OS'14 "E 20.00' I 1 S68'46'11"W S43'09'37f'. 64.87' 12.:"-0' : INT OF BEGlNN~G N89'54'46"E I 601.99' -1__ North :,t-Of-",:'y of M~y Rood. ----L-~~ M~y R~____ : : I : I ± -r--------------------------------+------_____________________ I I . . -JL-------------_____________________________JL________________________________________ 60' Point of Commencement Southeast Comer of Treasure Coast Truss Co., Inc. lands as recorded in O.R. Book 422, Page 2789, public records of St. Lucie County, Florida. ð - DElTA R - RADIUS l - NI.C lDfG1H C8 - CHORO BEARING fIG - PAGE P8 - PlAT BOOK P08 - POIfT OF ~ POC - POIfT OF CCMiIEHCÐÐIT PlS - ~H.. lNC) SIJR'ÆYOR ,~ BEMINGS SHOMf HEREON ME. ASSUMED ÞKJ R£lA'II'Æ TO 1HE NOR1H RIGHT-oF-w.v ~. OF' ~AY· ROAD HA\1NÇ A ØEARINÇ OF' S ~ E. SlIM :2 of 2 SKETai OF DESCRIPTION OF Wetland -B- Pt....... For MIDWA Y INDUSlRlAL PARK fie 2305ET.dwg Dcå: 5/18/00 CQNII.:nNO ___ . LAND SIUR'Æ'WItS -_...~ .....~~~ (811) .. .. Tech: nib .... r~~~:,r.':. f nmh ~ ~ ; < S;,'. i }. ;!~!I(~ I~I;II ¡r; '.' ". ... ~ ¡, ~ ~~ \' ; ~Hîj ¡i : ~ ~;~ ~.f! ~ ~ : ':~ !H - " · ì.-If" ~ ~ lt~f; : I. ,. ~.i:_- ~ ,.~\ ~ p.,.~rFiU '~.,;' ¡ ! !~! lfi' '! ~ 9"1;11 ~I~J¡ .:: !:r 8~î~~;'\t ,",'I! ¡~ -: .aSi,;¡.,:i.. I -: ¡;:¡:~~ !"i. 8 - I> ¡Pil· - § }I'¡J,f, ~ . ¡.ill in! .:~ f !fl If! ~~ ¡~ 1~ ~ í mn~i I~ l.~f 3 ! a! I~¡'t :I;; .l. f Sir .1".01;1 , . ~. p "" ~... ~~ J:~ ~HIW ~ ~ ~ .' ~ f ;.I....ll. ei ¡i ~ $. 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" . ~ . , . ¡ I Jmnl 8i~j li~ N ~mJ ~~. ~ Ii ~ i§ iP!!nnnp~ ¡IIIIP¡¡¡¡! III ¡ ~ ! II i , _ i Ii Ë iÈ m ~ I '- ...., AGENDA REQUEST ITEM NO. C-4 DATE: July 25,2000 REGULAR [ ] .~ PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department William R. Blazak SUBJECT: Work Authorization with Camp Dresser & McKee for South Hutchinson Island Wastewater Treatment facility. CDM will prepare an annual report consistent with Bond Covenants and provide operation and maintenance /permitting assistance as required. The total upper limit of the work authorization is $29,800.00 FUNDS AVAIL: 451-3510-531000-300 PREVIOUS ACTION: BOCC has previously approved similar work authorization annually. RECOMMENDATION: Staff recommends that the Board approve the work authorization with Camp Dresser & McKee for services at the South Hutchinson Island facility in an amount not to exceed $29,800.00 COMMISSION ACTION: [ X ] [ ] APPROVED OTHER: DENIED derson Administrator ..... County Attorney:X Coordination/Sianatures Mgt. & Budget ø1P -4f} rilð7 I Other: if applicable)____ Purchasing Other: Eff. 5/96 'w ""'" BOARD OF COUNTY COMMISSIONERS UTILITIES & RECYCLING DEPARTMENT WILLIAM ßLAZAI':; DIREGOR MEMORANDUM TO: Board of County Commissioners ,,\ I /\1 William Blazak, Utility Director \)J;~U FROM: DATE: June 6, 2000 Re: CDM Work Authorization / South Hutchinson Island WWTP BACKGROUND: When the South Hutchinson Island Wastewater Treatment Facility was financed one of the covenants of the bond financing was to prepare an annual report to assure that the system is properly maintained and fimctioning. ill addition to the annual report any plans that are submitted for review to the Utility Department for construction within the South Hutchinson system are reviewed by CDM to assure that all the minimum standards and specifications are maintained consistent with County standards for the system. This work authorization would cover plan reviews for private construction projects that are currently in various planning stages within the system also any necessary correspondence to the Department of Environmental protection that may be required. This is a "not to exceed" amount of $29,800.00 and staff does not anticipate exceeding the stated amount. RECOMMENDATION: '" Staff requests that the Board approve the "not to exceed" work authorization in the amount of$ 29,800.00 with Camp Dresser & McKee for the South Hutchinson Island Wastewater Treatment Facility. . DOUG COWARD, District No.2· PAULA A. LEWIS. District No.:) . FRANNIE HUTCHINSON. District No.4. CLIFF GARNES. District No, 5 JOHN D. GRUHN, District No, 1 County Administrator - Douglas M. Anderson 2300 Virginia Avenue " Fort Pierce, FL 34982 · Phone (561) 462-1150 . FAX (561) 462-1153 ~ ...." WORK AUTHORIZATION Professiona1 Services South Hutchinson Island Recla±med Water System Engineer's Report Pursuant to that certain Agreement Between County And Engineer For Continuing Engineering Services (the "Agreement") between St. Lucie County (the "County") and Camp, Dresser, & McKee, Inc. (the "Engineer") dated March 14, 2000, Engineer hereby agrees to provide professional engineering services under the terms and ,condition set forth in Exhibit "A". IN ~TNESS WHEREOF, the County and the Engineer have executed this Work Authorization, effective this day of , 2000. ATTEST: ST. LUCIE COUNTY, FLORIDA BO.A:RD OF COUNTY COMMISSIONERS By: DEPUTY CLERK CRAIBMAN' APPROVED AS TO LEGAL FORM AND COlUŒC'l"NESS: COUNTY ATTORNEY ~d':~ ~~1. ;JI/.&/AAÞ CAMP, DRESSER & McKEE, INC. By: ~'¿i 6(1) _ r:::.....:: .~~~~ '~( .- . 11..., - ¡í\D 1::1. ~- Print Name: ~·.£--.I'~)~,V~ ;.. '\"'1~, .);\ Ti tle: V L C-~ r',<2~ m7/V"T " G:\ATTY\jwl\Aqree\CDM WA2-00.WPD '-'" ...." EXHIBIT A ST. LUGE COUNIY SOUTH HUTCHINSON ISLAND W ASTEVV ATER FACILITIES ENGINEERS REPORT AND OPERATION & MAINTENANCE/PERMITTING ASSISTANCE SCOPE OF SERVICES Camp Dresser & McKee, Inc. (CDM) will provide engineering services necessary for preparing the annual engineer's report for the South Hutchinson Island Wastewater System as required by the Special Assessment Bonds issued for project construction. CDM will review all applicable historical financial data including operating revenues, expenses, net revenues, and the Renewal and Replacement Fund. Physical inspection of the wastewater facilities as part of the engineer' s report requirements is also included. Quarterly operation and maintenance inspection visits for a one calendar year period beginning January 1, 2000 are included to monitor plant performance and equipment management, and to assist with operational, maintenance and regulatory issues, to ensure that the County's investment is properly maintained. Four (4) additional site visits required for equipment warranty assistance are also included. Miscellaneous permitting assistance, as needed, for the same duration is included. Engineering services related to the engineer's report shall be completed within two months of receipt of required data from staff. Operation and maintenance inspections will be conducted quarterly upon execution of the work authorization for a period of one calendar year beginning January 1, 2000. Additional site visits will be conducted as necessary. Permitting assistance, as needed, for the same duration. "' rb3097.doc '-' . .."" EXHIBIT B PROTECT BUDGET PROJECT: PROJECT DESCRIPTION: South Hutchinson Island Wastewater Facilities Engineer's Report and Operation & Maintenance/Permitting Assistance Fiscal Year 1999/2000 Labor Category Hours Total Officer 8 Principal/ Associate 96 Senior Professional 56 Professional II 40 Senior Field Services 32 Project Administration 24 256 TOTAL LABOR COST 27,800 OTHER DIRECT COSTS Travel $500 Copying and Printing 500 Computer/Scanrùng 500 Postage and Shipping 500 TOTAL OTHER DIRECT COSTS $2,000 TOTAL ES'ITIvfA TED COST $29.800 TOTAL UPPER LIMIT AlvIOUNT, USE $29,800 rb3097.doc '-' ...., AGENDA REQUEST ITEM NO. C-5 It DATE: July 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT) : SUBJECT: BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ X] [ ] APPROVED OTHER: County Attorney: ~ 0<i9ioo'in9 oep~ Finance: (Check fo Copy only, PRESENTED BY: Joseph D. Finnegan Human Resources/Risk Management Request for approval of budget amendment 00-147, equipment request# EQOO-231. Reference January 25, 1999 (C-11) the board approved additional staff for HR/Risk Management, in order to supply a computer for this individual a budget amendment is necessary. 505-1331-564000-100 N/A Staff recommends that the Board of County Commissioners approve HR/Risk Management to purchase a new computer for the Safety/OSHA position. ~he Board approved a computer for the Safety/OSHA position in FY 00/01, Equipment Request # EQOI-013 which will be deleted from FY 00/01 budget. DENIED as . Anderson Administrator Review and Approvals ~~ Management & BUd~ /h.~ purchaSing:~ .... Other: Other: if applicable)___ Eff. 5/96 BUDGET AMENDMENT REQUEST FOR~ \..; ""'" REQUESTING DEPARTMENT: RISK MANAGEMENT PREPARED DATE: AGENDA DATE: 07/13/00 07/25/00 TO: 505-1331-564000-100 Machinery & Equipment $1,500 FROM: 505-1331-547005-100 Printing & Bindin -Material Center $1,500 REASON FOR BUDGET AMENDMENT: To pay for new computer for Safety/OSHA person. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: n/a n/a n/a DEPARTMENT APPROVAL: OMB APPROVAL: ~~ BUDGET AMENDMENT #: 00-147 DOCUMENT # & INPUT BY: BUDGET\QUA TTROIGENERAL IFORMSIAMENDMOO.wb3 07/13/00 '-' """" @ CI) s UJ Q:: 0 c ~ c .... I 8 c "'I- IC 1.0 I .... tn ~ ~ n: CI) CI) .... Wo ~ ~ ~ th zo c 00 1.0 _N tnm tno) -0) :1:'-0 :1:n:e ¡:.: Oetlt') UW~ z c::: UJ UJ )-,.... C ~ a:I ~..J.. W W ~ zetW c 0 ::) ;:)U~ z c « z UJ ...J o~e ~ UJ c.. .... > w z ULL.t- ~ 0 c::: ::) LL.O::CI) 0 c::: ~ 0 OOW 0 c.. 0 w c.. UJ 0 eLL.;:) c::: « ~ --.=! 0::1-0 ettnw own: m;:)et )-°e I-wZ zn:w I- ;:)1-0 ~ , OZet ......' c:: UW 0 w:1: C> , . ~ _Il. ~ I Q) u- I··' Q. ;:);:) ~ ~ ..Jo W ~ CI) ~ CI) 0 tn ¡g ....... ò CI,j I- ~ UJ ~ It! Ü CI) ~ ... --.. ~ 0 UJ .... C> "- ... CI) Q:: ~ lU ~ ;:, Q:: ~ ~ .... ~ ~ ::) CO) 0 C'f ~ 0... 8 (.) è ~ ~ 1.0 ~ C ::) CI) 0 () - ..... Q) J: a::: ü ~ ~ UJ ¡:.: :it z ... " ¡:.: ::) z w 0 0 c::: z ¡:.: ~ ~ .... w ~ z « z z w .... 0 w .... ~ ~ c::: 0 UJ ¡¡: « (ñ ~ (!) ~ ~ c.. :> ::) c CI) :::::I W " ::) ::) " c Õ UJ CD "") W '-' ...., \ AGENDA REQUEST ITEM NO. C-11 DATE: January 25, 1999 REGULAR [ Amended PUBLIC HEARING CONSENT [ xx ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Joseph D. Finnegan; l SUBMITTED BY(DEPT): Human Resources/Risk-Management SUBJECT: New Position - Risks Manaqement Specialist - Safety/OSHA Specialist. BACKGROUND: Due to the limited administrative and financial resources, Human Resources/Risk Management has not been able to staff the needed positions for Risk Management.. Due to continual demands and government requirements additional staff is required. The plan is to hire, effective 4-1-00,one Risk Management Specialist. FUNDS AVAIL. : Funds will be made available in 505001-1905-512000-100 (Various) PREVIOUS ACTION: N/A RECOMMENDATION: The staff recommends approval of the resolution to establish one positions within HR/RM, Risk Management Specialist, funded by TRICO's contribution reduction in debit reduction allocation and position Requisition #8 RISKOO-034. ( X ] ( ] APPROVED OTHER: DENIED COMMISSION ACTION: County Attorney: Management & BUdge~ purcha5ing: Originating Dept. Other: Other: Finance: (Check for Cop only, if applicable)___ Eff. 5/96 Review and Approvals .-. - ~ , ..... , '-' """" , AGENDA REQUEST ITEM NO. C- 5B DATE: July 25, 2000 REGULAR [ PUBLIC HEARING CONSENT [ XX ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Joseph D. Finnegan SUBMITTED BY (DEPT) : Human Resources/Risk Management SUBJECT: Group Health Insurance and TRICO Premiums for FY 00-01 BACKGROUND: In June of 1999 the Actuarial Report prepared for St Lucie County recommended an increase of 17% in our group insurance premium. Due to the existing surplus the increase was deferred to FY 2000- 01. Our annual review from The Treasurer of the State of Florida Department of Insurance found no actuarial deficiencies. The February 1, 2000 Actuarial Study recommended an increase of 28.5% in our group insurance premium. FUNDS AVAIL.: Funds will be made available in the insurance fund. PREVIOUS ACTION: N/A RECOMMENDATION: The insurance committee and staff recommend an increase in the group health insurance of 10% and the acceptance of a premium reduction in TRICO premium of 25%. Implementation of these actions will be per the attached documentati [ X] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: County Attorney: Originating DePt~ Finance: (Check for Copy only, Review and Approvals Management & BUd9~ rnß~ Purchasing: I Other: Other: ¿~ ./ , .. if applicable)___ Eff. 5/96 -. ...- -- - - - I,. } ,. t t· . . , , \w' ..." Human Resources / Risk Manaqement Friday June 30, 2000 Joseph D. Finnegan, Manager To: Doug Anderson, County Administrator Re: FY 2000-01 Insurance Premiums Group Health / TRICO Attached is the draft copy of the agenda item for the BOCC. After you have reviewed and approved this document, I will circulate it to the county commissioners for their comments. I plan to agenda this item for July 25th, 2000. If you have any questions, please call me. l'k- Approval: Administrator 0Þ Ie/ó Date c Hank DuFour, HR Director H:\WP\JOE\INSURAN\GRHEALTH\Cover Ltr 2000 Rate Increase-Ol.wpd . ,- . , . ... .' , i Item 1 Item 2 Item 3 Item 4 Item 5 Item 6 \.of Table of Contents Agenda Item No. C- July Memorandum 00-31 Insurance Analysis Letters of Endorsement Tax Collector Clerk of the Court Supervisor of Elections Actuarial Report (Wakely) State of Florida Certification Actuarial Report (Wakely) Cover Letter ...., June 26, 2000 June 27, 2000 May 9,2000 May 8,2000 May 17, 2000 February 1, 2000 January 12, 2000 June 23, 2000 July 2, 2000 · . ~ ., '-' BOARD OF COUNTY COMMISSIONERS ....,¡ HUMAN RESOURCES RISK MANAGEMENT JOSEPH D. FINNEGAN, Manager FOR: BOARD OF COUNTY COMMISSIONERS PROPERTY APPRAISER CLERK OF THE CIRCUIT COURT TAX COLLECTOR COURT ADMINISTRATOR -- SUPERVISOR OF ELECTIONS FROM: INSURANCE COMMITTEE DATE: JUNE 21, 2000 SUBJECT: SUMMARY OF INSURANCE CHANGES There wi1l be an increase/reduction in the insurance premiums for FY 00-01 as follows: Coveraqe Increase/Reduction 1. Group Health 10% Increase 2. Dental Employee Employee + 1 Employee + more 3. Vision 1.00 to 1.10 Effective 10-01-00 23.00 to 25.00 31.00 to 34.00 39.00 to 42.00 01-01-01 10-01-01 1 0-~1-00 4. TRICO Estimate Reduction 25% 10-01-00 5. Surcharge Same 2.5% on all ins. charges JF/mw JOHN D. GRUHN, Disrricr No.1. DOUG COWARD, DisrricT No: 2 . PAULA A. LEWIS, DisrricT No. J . FRANNIE HUTCHINSON, Disrncr No. <1 . CLIFF GARNES, DisrricT No.5 Counry Adminisrraror - Douglos M. Anderson 2,300 Virginia Avenue · Forr Pierce. 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(.) 0 c: c: - - 0 N 0 ;::g 0 -g¿ N 0 N 0 0 ;::g 0 ;::g N 0 0 0 0 0 ..- 0 0 0 0 ..- 0 ~ ~ ~ ~ 0 ~ 0 '" Lri cD I "" 0 0 N 0 0 Ln CO N I'- N . CO CX) Ln -:t (D I -:t (D CO ..- Ln (D 0) Ln Ln (D I'- Ln 0) (D. ..- "'. M M -:to fJ) 0) 0) c: >- M C") -:t M Ln >- N M M -:t -:t 0 CO ..- 0 Ln ..- N (D Ln :;:: LI.. ..- LI.. -:t Ln 0 - ,-- ..!!! w - i-- - I- 0 0 I- - 0 Q) Q) 0 Q) Q) .!!! 0) 0) ..!!! 0) 0) i:: .... .... 0 .... . .... £; ro I c: CO 0 CO £; ro CO 0 '1."co (1) ..c: () ..c: () c: ..c: () ..c: c. ro - 0 (.) (.) ro ro - .Q (.) (.) ro Q) c: .- .... ã::: .... Õ >< ~ c: .... ã::: .... Õ :J Q) - Q) .!:!2 :J ::J ro Q) Q) .!:!2 ::J ::J C/) I ~ 0> CI) f- CI) f- f- I ~ 0 > CI) f- CI) f- o o -- I'- N -- (D ~OROTHYJ.CONRAD,~C ST. LUCIE COUNTY TAX COLLECTOR P.o. BOX 308 FORT PIERCE, FLORIDA 34954-0308 MAIN OFFICE: . County Administration Bldg. 2300 Virginia Ave. Fort Pierce, FL 34982-5652 (561) 462-1650 Fax (561) 462-2101 PORT ST. LUCIE OFFICE: Village Green Center 9340 S. Federal Hwy. Port St. Lucie, FL 34952-2885 (561) 337-5600 Fax (561) 337-5624 May 9, 2000 To: Joseph Finnegan Risk Management Manager From: Dorothy J. Conrad St. Lucie County Tax Collector Re: Insurance Premiums and Charges ****************************************************************************** As per explanation contained in the attached memo and after a thorough review of such at the insurance meeting of May 3rd , 2000, it appears the need to annually fund the insurance program is a necessity. We feel the benefit package offered is an integral part of our employment practice. Therefore, as per previous years, it is pertinent for the Board of County Commissioners to take the necessary actions to continue the program. As to the introduction of the Beech Street PPO network, any concept to keep the cost of our health plan down is greatly appreciated. I endorse and support those items contained in your attached Memorandum # 00-22, daté,d April 28,2000. ~~ Y J. Conrad, CFC ounty Tax Collector cc: Bob Davis, Assistant Tax Collector Michaeleen A. Johnson, Human Resource Manager REAL ESTATE AND PERSONAL PROPERTY TAXES' TOURIST DEVELOPMENT TAX' OCCUPATIONAL LICENSE' ALARM PERMITS Agents for DEPARTMENT OF MOTOR VEHICLESIVESSELS . DEPARTMENT OF ENVIRONMENTAL PROTECTION (Hunting and Fishing) WE ARE HAPPY TO BE OF SERVICE TO YOU '. , . '-' i BOARD OF COUNTY COMMiSSIONERS Memorandum # 00-22 To: JoAnne Holman, Clerk of the Court Thorn Willis, Court Administrator Doug Putnam, Property Appraiser Gertrude Walker, Supervisor of Elections Dorothy J 0 Comad, Tax Collector Fr: JOeFinnegan~ Date: April 28, 2000 Subject: Insurance Premiums & Charges ....., HUMAN RESOURCES RISK MANAGE1\\ENT JOSEPH D. FINNEGAN, Manager JoAnne Baker Bob Bouton Annie Clark Michaeleen J olmson Please note the attached letter dated July 1, 1999 From Mr Doug Anderson, County Administrator. In FY 00-01, the 2.5% surcharge will be made on all insurance premiums/charges. Based on our actuarial report, we will be recommending an increase/reduction in the insurance premiums for FY 00-01 as follows: 1) Coverage Group Health Increase/Reduction 10% Increase 2) Dental Employee Employee + 1 Employee + More than 1 3) Vision 4) 'fRlCO ~ 5) TRICO All Surcharge Estimated Reduction Effective' 10-01-00 /" 23.00 to 25.00 31.00 to 34.00 39.00 to 42.00 01-01-01 1. 00 to 1.10 01-01-01 2.5% 10-01-00 20% 10-01-00 These.items will be discussed at our Insurance Committee on May 3rd ,2000. If you have any questions, please let me know. c: BOCC JOHN D. ORUHN. DistriCT No.1. DOUG COWARD. DimicT No.2. PAULA A. LEWIS, DIsTricT No.::I . FRANNIE HUTCHINSON, Disrricr No.4· CUFF OARNES, Disrricr No, 5 Counry Adminisrraror - Douglas M. Anderson 2JOO Virginia Avenue · Fort Pierce, FL J4982 · Phone (561) 462-1546 FAX (561) 462-2J61 . TDD(561)462-1428 · Job Line (561) 462-1967 OFFI~ OF COUNTY ADl\1ThIISTRA TOR tc. : ~r1)c. . ? 0--1- MEMORANDUM #99-152 TO: . PROPERTY APPRAlSER CLERK OF THE CIRCUIT COURT TAX COLLECTOR COURT ADl\1INIST SUPERVISOR OF E DEP ARTl\1ENT HE ~R TI S FROM: DOUG ANDERSON, SUBJECT: RISK MANAGEl\1ENT CHARGES DATE: JULY 1, 1999 In the Management Letter for the FY 98 audit, the Auditor noted that: "Internal Service funds should be managed so that charges to other County departments/funds or Constitutional Officers are adequate to fund the expenses of the internal service funds. We recommend management review the cost structure of these funds an take appropriate action. We also noted that the Insurance fund was not charging back to users those costs which were not covered by insurance. We recommend that the Risk Management department review these activities and set up a tracking mechanism to charge back these costs so that users pay their fair share 'and the Board does not have to absorb these costs." The Management Letter response was: "The County will implement a fee that will be used for administrative support and related costs of the insurance program, and will use the internal service fund to account for all transactions. We will have the Risk Management Department review cost allocation and tracking formulas and mechanisms to ensure adequate and equitable treatment of insurance costs." - In order to comply with these findings and agreements without having a significant adverse ímpact on budgets that have already been prepared, we will limit the required surcharge to 2% for all insurance charges beginning with the FY 2000. We will ensure that Risk Management has reliable cost figures prepared early in the budget process in future years, so that departments can allow for them in the budget preparation process. If this presents an undue burden in your 1999/2000 proposed budget, please let us know. Risk Management will be including this surcharge on all premium transactions for the year beginning Octo ber 1, 1999, and will be establishing a charge back system to deal with the costs of losses not covered by insurance. c: Board of County Commissioners Harvey Lincoln, ManagementlBudget Manager Joe Finnegan, Risk Management Manager Phil Freeland, Assistant County Administrator Dan McIntyre, County Attorney " :'.-:-.:.'::-::.... .-:.:.. -:.'. .-:.~....:-::.".::. :.~: ~ ''': 3 - 0 0 9 : 0 4 AM ; .. "......... ..... . .. .........-.---. .-...., -- .,. 0...... .......................... .~.~.:.~:.:-: ~.~.. ~ ' -":. ~.... .r-ct~t;:f " ...... "ï5ŠÙS7 ï3'87':ïl" i;; ":2""··· . . '-' ..., ". . DRAFT HEALTH BENEFITS UPDATE TO: Health BeIlefits Plan Participants FROM: McCreary Corporation DATE: May 3" 2000 RE: BeechStreet PPO Network Your health benefits plan includes a Dew Preferred Provider feature that is designed to enhance our local network BeecbStreet will not replace our current PPO network, but roay be used for one of the following reasons: . 1. You are out of area when you need medical treatment, or bave a dependeDt who is attendIDg college. 2. You are referred to a specialty provider (e.g., Pediatric Cardiologist), and oUf Detwork does not bave a provider for that specialty. 3. You are referred to a facility out of our area that specializes in treatment of your condition. The Beech Street PPO network cannot be used in place of your current network. In other words, if you go to a BeechStreet provider, and our local network can accommodate the same service/procedure, we cannot apply the In-Network benefits. However, when'usÎIlg the network for one of the above reasons, your claim will be processed at the higher benefit level for the plan you have selected. Normally, the BeecbStreet logo would be priIlted on your medical identification card, however, UDtil new cards are issued, please place the BeechStreet sticker on your United Provider Services/McCreary identification card. If you have any questions concerning . the Detwork, please contact either Sue Wong in the County ofiice at 462-1549, or our Customer Service Department at (800) 431-2221 or (561) 287~7650. RECEIVED MA"( 0 3 20ÚJ McCreary Corp. ~ 'frt¡¡ SAINT LUCIE COUNTY CLERK OF COURTS INTEROFFICE :MEMORANDUM TO: Joe Finnegan, Risk Manager FROM: Joanne Baker, Human Resources Manager CC: JoAnne Holman, Clerk of Circuit Court Chris Hartley, Finance Director ~ May 8, 2000 DATE: RE: Insurance Premiums and Charges for 2001 The Clerkofíhe Circuit Court,JoAnne Holman, ennor~e~.l1.DdIecommends.the anoptl0n oftbe.. Insurance Premiums and Charges anà to implement the Beach Street Network as ou~ße Insurance Committee meeting on May 3, 2000. ) . , . ' §£7-t~j¿ \1IVat~7- SUPERVISOR OF ELECTIONS ST. LUCIE COUNTY 2300 Virginia Avenue · Ft. Pierce, Florida 34982 · (561) 462-1500 · FAX (561) 462-1439 '-" May 17,2000 To: Joseph Finnegan Risk Management Manager Gertrude ~M St. Lucie County Supervisor of Elections From: RE: Insurance Premiums and Charges I support the annual funding of the insurance program as discussed at the insurance meeting on May 3r ,2000, and I encourage t!l~ Board of County Commissioners to take the necessary actlOns to continue the program. 250 N.W. Country Club Drive · Port St. Lucie, Florida 34986 · (561) 871-5410 · FAX (561) 871-5323 9340 S. Federal Highway· Port St. Lucie, Florida 34952 · (561) 337-5623 · FAX (561) 337-5626 E-Mail: gertrude@slcelections.com '-f ..., :"". "i" , \. . . i. I.' WA~LY ..., _CONSULTING GROUP "wtI CONSULTINC AC1lJARJES 5HEALTHCARE SPECIALISTS February 1,2000 St. Lucie County Board of County Commissioners c/o Mr. Joseph Finnegan 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 Subject: St. Lucie County Self-Funded Group Health Insurance Plan Gentlemen: This letter is to report our conclusions on the actuarial soundness of the St. Lucie County Self- Funded Group Health Insurance Plan (the Plan). Wakely Consulting Group Inc. has been retained on behalf of St. Lucie County to report upon the liabilities and actuarial soundness of the Plan. This report includes opinions and supporting exhibits concerning: 1. detennination of an appropriate claim liability as of September 30, 1999; 2. the appropriateness of the Plan's current rate structure in the aggregate; and 3. reinsurance levels and costs. In addition to expressing opinions ón the above items, vJé have also expressed opinions and recommendations about other phases of the operation of the Plan. This was done as a by-product of the analysis so as to give as much infonnation as possible concerning the program's operation. All the infonnatioD furnished us relative to the Plan's operation was furnished by the Plan's third p:.rty administrator, McCreary Corporation. We reviewed the data for reasonableness, but tl'> scope of our involvement did not include aÏ1 audit of the data furnished to us and- we have prepared our analysis and conclusions with reliance upon the accuracy of the basic data as furnished. This report includes the following Exhibits which support our opinions and recommendations: Exhibit 1 - Derivation of Weighted Lives Exhibit 2 - Completion Factor Development - an analysis of the relative speed in which claims are reported and paid Exhibit 3 - Development of Incurred Claims and Net Claim Cost Wakely Consulting Group, Inc. . 19321 US Highway 19 N . Suite 515 . Clearwater, Florida 33764-3143 Tel 727.507.9858 . Fax 727.507.9658 . www:wakelyconsulting.com St. Lucie Cmmty c/o Mr. Joseph Finnegan February 1,2000 Page 2 '~ w Exhibit 4 - Rate Adequacy Analysis Exhibit 5 - Claim Liability Discount Factor Calculation Exhibit 6 - Explanation of Exhibits 1 - 5 September 30. 1999 Claim Liability Determination The attached Exhibit 3 displays calculations of the claim liability at September 30, 1999. The net claim liability (net of reinsurance) is estimated at $643,480. The claim liability is for all claims incurred before October 1, 1999, and unpaid as of September 30, 1999. The claim liability calculated in this report is based on the assumption that the incurred date of a claim is the same as the date of service. This is the case in the vast majority of situations. However, defIning the incurred date as the date of service under an extension of benefits provision, will generally result in a slight understatement of the claim liability. For example, if the Plan were to terminate, a hospitalized employee may continue to receive medical benefits under the Plan for claims with an incurred date (i.e., date of initial hospitalization) prior to Plan tennination even though those claims may have a date of service after Plan termination. A comment should also be made with regard to claim liability estimates. Claim liabilities are prospective estimates of claims which have been incurred but not paid, calculated by using trends and relationships observed in the past and applying them to the future. Wide fluctuations can occur in the difference between the 'estimates' and 'actual' claim liability, even if the methodology for calculating the liability is actuarially sound. Some of those reasons include: 1) The average period between the time a claim is incurred and the date it iSf :id in the future may not be the same as in the past. 2) Large claims may not be present in the same magnitude (higher or lower) for the future relative to the past. Claim liability swings of 20% of the estimated amount are not uncommon. For small programs, the swings can be even larger. The statement about wide fluctuations is being made only to alert the reader the calculation is not a perfect science. .~ WAKELY ., CONSULTING GROUP , \ St. Lucie County '-' c/o Mr. Joseph Finnegan February 1,2000 Page 3 ...." Additional Liability Adjustments The Interim Actuarial Standards Board (IASB) of the American Academy of Actuaries has adopted a set of recommendations concerning the recognition of certain situations which could have an effect on the calculation of liabilities included on fmancial statements. No adjustment has been included on this report for those IASB recommendations. Those recommendations are: Recommendation Number 6 - Recognition of the Time Value of Monev "The time value of money should be recognized whenever doing so will have a material effect in the determination of liabilities for incurred but unpaid claims." This statement means claim liabilities should include an interest discount to recognize that claim liabilities are paid out over a period of time and the present value of that payment stream is less than the sum of the payments. The attached Exhibit 5 shows the theoretical calculation of a claim liability discount factor as 0.9925. Therefore, the September 30, 1999, claim liabilities can be reduced by 0.75% (= 1 - 0.9925), or approximately $4,800 (.0075 x 643,480), if interest is to be included on the cash flow. Recommendation Number 7 - Recognition of Claim Settlement Exµenses "If the discharge of liability for incurred but unpaid. health claims will necessitate future claim settlement expenses, the present value of those expenses should also be considered a liability of the plan." The size of this liability can be estimated by the following formula: (Claim Adjudication Expense Per $1 Claim) x (Claim I :1.bility) The current administrative fee for adjudicating health claims is approximatelÿ' equal to 2.5% of expected incurred claims. Therefore, if the administrator would not be responsible for adjudicating the claim liability after their contract terminated, an additional adjudication expense liability of approximately $16,100 (= .025 x $643,480) must be established. Premium AdeQuacy Exhibit 4 analyzes the adequacy of rates for the fiscal year 10/99 - 9/00. The current monthly revenue appears to be inadequate for the period by a factor of 15.0%. This translates into a projected shortfall of $681,600 over the period 10/99 - 9/00. If the next opportunity for a rate change is 10/1/00 (and assuming no change in plan design), a rate increase of approximately- .~~T~JX , \ St. Lucie County c/o Mr. Joseph Finnegan February 1,2000 Page 4 '-' 'W 28.5% will be needed using a 10% annual medical trend assumption. This rate increase would drop down to about 26% if we used a more aggressive annual trend assumption of 8%. Reinsurance Specific stop-loss and aggregate reinsurance was provided to the County by John Alden Life Insurance Company. The specific stop-loss coverage provides reinsurance above a $125,000 retention per individual claimant for medical claims paid during the contract year. For the period October 1,1998 - September 30,1999, the Plan exceeded the specific excess limit by $20,019.41 (recovery due) but paid out approximately $184,000 in specific reinsurance premium. The aggregate stop-loss attachment point during this period was approximately $4,124,000. No aggregate stop-loss claims were filed during this period. During the fiscal year (10/1/99 - 9/30/00) the aggregate attachment point is estimated at $4,890,000. Our projected net incurred claims for 1999-2000 (adjusted for expected specific recoveries) is $4,845,000. If our trend assumptions prove correct the County could expect to see an aggregate stop-loss recovery in 1999-2000 since our projected claims are within 1% of the aggregate attachment point. The Plan is expected to pay approximately $239,000 in reinsurance premiums during this period. In summary, the Plan's reinsurance 'coverage appears to be providing a good return on' the premium dollars paid in. For the period 1/97 - 9/98, the plan paid out $287,000 in premium but received back approximately $780,000 from John Alden Life. Current reinsurance pricing appears to be reasonable based upon the historical experience of the Plan. Contingency Margin For any group health plan, we also recommend a contingency fund or margin be maintained by the program to allow for adverse claims fluctuations. This contingency fund, which is in addition to the amount required to fund the net claim liability, should be maintained at 10-15% of annual incurred claims. This implies that the Fund balance for the Plan should include enough assets to cover not only the existing net claim liability but also an additional contingency margin of $484,000 - $727,000. This contingency fund could be built up over a period of several years and would be used to cover any unanticipated adverse experience (unexpected medical inflation, overuti1ization of plan benefits, extraordinary shock claims) that may develop. _WAKELY ., CONSULTING GROUP ~. St. Lucie County '-' c/o Mr. Joseph Finnegan February 1,2000 Page 5 ...., Other lVlisceIIaneous Comments Non-Claim Expenses - The Plan's non-claim expenses look very reasonable. Specifically, these expenses are running at 9.8% of required premium. In other words, for every $1.00 of revenue paid into the Plan, $0.098 goes toward expenses and $0.902 goes toward paying claim benefits. A comparable fully-insured program would pay on average $0.85 toward benefits leaving $0.15 in the insurer's pocket for expenses and profit. Also, to the extent the Plan maintains assets to support unpaid claims and risk margins, those assets generate investment income to help offset Plan expenses. Plan Design - We have reviewed the plan design and find it to be mainstream with the following exceptions: 1. Pharmacy copays are on the low side. It is rare that we see a drug copay below $8.00 for generic with brand hitting up to $20 per script. Drug costs have received a lot of attention lately due to the excess acceleration in costs relative to other medical care expenditures. With respect to mail order drugs, it is becoming more common to require a higher copay (i.e., two times the retail copay for a 90 day supply) relative to the retail copay. The patient saves one copay by using mail order. This may be an area to tighten up during the next round of benefit changes. 2. It appears only about 22 employees out of 800 (less than 3%) are signing up for Option 2. At some point, if this trend continues, you may wish to simplify your offerings and eliminat~ this Option and possibly save on the administrative costs. Administration - As stated earlier, the administrative (non-claim expenses) costs of the program are running at a very reasonable cost. To further this efficiency, the County may wish to cÙJ.1sider consolidating allrH"ìministrative services related to the. operation of the self-ÍÌl.ùded health plan to your TP A for a fixed annual. cost. Of course the TP A can not take fmancial responsibility for adverse claims experience, but an administrative agreement could be',arranged to transfer all management of the Plan to the TP A. Concluding Remarks The following is a summary of our conclusions as a result of our analysis of this program: 1) The net Medical claim liability as of September 30,1999, is $643,480. 2) If the time value of money is to be recognized, the claim liability can be reduced by $4,800. _WAKELY CONSULTING GROUP St. Lucie County clo Mr. Joseph Finnegan F~bruary 1,2000 Page 6 'W .,,¡ 3) If the Administrator is not responsible for the adjudication expense of the claim liability at the time of termination of their services, the claim liability should be increased by $16,100. 4) We recommend a contingency reserve of 10%-15% of annual incurred claims or $484,000 - $727,000 be held in addition to amounts set aside to cover the estimated claim liability ($643,480). This contingency fund could be built up over a period of several years and would earn investment income to help offset Plan expenses and future rate increases. 5) The current gross premium structure is expected to be inadequate to meet plan obligations for the 1999-2000 fiscal year by approximately 15% or a projected shortfall of $681,000 over the period 10/99 - 9/00. If the next opportunity for a rate change (assuming no change in plan design) is 10/1/2000, a rate increase of approximately 28.5% will be needed using a 10% annual medical trend assumption. We would like to note our appreciation for the help given to us by Ms. Susan Neal at McCreary Corporation. The help with follow-up questions and the prompt attention was appreciated. We are glad to have been selected to perform this analysis. Please let us know if we can provide further service. Respectfully submitted, ~~PJ~ Steven P. Zoldos, F.S.A., M.A.A.A. 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LVCIE':COUNTY SELF-FTTNDED GROUP HEALTH INSURANCE PLAN Explanatory Comments on Computer-Produced Exhibits EXHIBIT l.....DERIV A TION OF WEIGHTED LIVES The purpose of using weighted lives is to obtain a stable base for measuring average costs and premiums over periods of times. It reflects the risk for various sub-groups of the employees, and "normalizes" the experience, reflective of changes in distributions of covered employees. The weighting reflects the expected costs per coverage unit as compared to the cost of a single employee. In this year's study for St. Lucie County, weighting factors were as follows: Single Employee 1.000 Employee With Dependent 1.000 EXHIBIT 2.....COl\1PLETION FACTOR DEVELOP:MENT The top part of Exhibit 2 displays a summary of the paid claims by incurral month. For example, the amount shown in the column labeled "1" with an incurred date of "97.10", means that $166,037 of claims were paid (net of reinsurance) in the first month after they were incurred in October of 1997. The number of weighted lives, shown in the first column after the incurred date on Exhibit 2 is an inventory of the weighted lives covered for that particular month of incurral. See prior section for a discussion of weighted lives. Line D of Exhibit 2 displays the completion factors on a "last 3 months" basis. These factors represent the amount of claims (adjusted for trend) which have been paid by a given number of months after incurral. For example, the factor shown in column "4" of Line D, means that 96.4% of all incurred claims will be paid within four months after they have been incurred. The complement of .lis statement is that 3.6% of all claims which have been incurred will not have been paid at the end of four months after incurral. The complement of the completi9n factors represents the claim liability. The completion factors shown in Line D of Exhibit 2 are used in Column 7 of Exhibit 3 to calculate incurred claims. This calculation will be discussed next. .~~T~GkÒ: Page 1 · , \.r EXHIBIT 6 'wi ----.--. .~..~ .---"-..:..:...-~. EXHIBIT 3.....DEVELOPMENT OF INCURRED CLAIMS AND- NET CLAIMS COST Incurred claims for any given date are defined as those claims having a date of service for that date. Exbibit 3 displays our calculation of the Incurred Claims, Claims Costs and Claim Liabilities. The premium shown in the second column of Exbibit 3 represents the Premium paid by month. The "Weighted Lives" shown on the fourth column of Exhibit 3 are the same as those shown in Exbibit 1. The sixth column of Exhibit 3 shows the net claims which have been incurred and paid as of September 30, 1999. For example, $265,243 of claims have been paid by the end of September, 1999 which were incurred in October, 1997. The "Completion Factors" shown in column 7 of Exhibit 3 are the same as those shown on Line D of Exhibit 2. Column 8 of Exhibit 3 displays "ADJUSTED" completion factors which are calculated by dividing Incurred and Paid Claims (column 6) by Estimated Incurred Claims (column 9). Estimated Incurred Claims in Exhibit 3 (column 9) are calculated using the following formula: CFx (PCxlCx) + (l-CFx)(WLx)(CCx) where CFx Probability that the historical completion factor when divided into total claims incurred in month x and paid by the valuation month will be a good estimation of incurred claims. PCx Claims paid by the valuation month that were incurred in month x. Cx Completion factor for claims incurred and paid in month x to approximate ultimate incurred claims. WLx Weighted Lives for treatment month x. CCx Projected claim cost per weighted life for treatment month x. This projected claim cost is calculated by trending the last 12-month claim cost for the period ending on the month prior to the mid-point of the current month at an annual trend rate of 10%. .~~T~Gk~ Page 2 .,- EXIDBIT 6 w Since the probability that the histol'icah:tJmpietion 'factor represents the proportion of incurred claims paid- by the month of valuation- (the CFx term), is somewhat subjective but '[s certain to vary relatively closely to the Cx term, the formula for estimated incurred claims can be simplified to: PCx + (l-Cx)(\NLx)(CCx) ifCFx=Cx This formula for the calculation of estimated incurred claims for month x is a blending of a methodology calculating incurred claims from completion factors only with a methodology using Projected Claim Costs applied to exposures (Weighted Lives). The "Monthly Claims Costs" in Exhibit 3 were calculated by dividing the Estimated Incurred Claims by the Weighted Lives for each particular month. The "Cumulative Claims Cost" shown in Exhibit 3 was calculated by dividing the Estimated Incurred Claims for the current and all preceding months by the Weighted Lives for the same period of time. The "Last 12 Months Claims Cost" shown in Exhibit 3 is a moving average of the last 12 months claims cost. A twelve-month moving average is useful because only one of each calendar month is included in the analysis and therefore any effects of seasonality are removed. This number is the projected claims cost used as a starting point for the Rate Adequacy Analysis (see below). The calculations of "Premium Per Weighted Life" shown in Exhibit 3 are calculated in the same manner as net claims costs, except that billed premium is used instead of Estimated IncÚrred Claims. The Incurred Loss Ratios shown in Exhibit 3 are calculated by dividing the Estimated Incurred Claims by the Billed Premium for each particular month. The second from last column of Exhibit 3 displays our current estimate of the claim li~bility for the past 24 months using paid claim data through the valuation date. .. EXHIBIT 4.....RATE ADEQUACY ANALYSIS This exhibit develops the premiums we feel are needed for the current plan year. Claims. costs are projected, reinsurance costs and administrative costs are added to obtain the "Theoretical Gross Premium Needed." All these are done using costs per Weighted Life to assure a uniform basis throughout. The theoretical gross premium established for October 1, 1999 through September 30, 2000 is also on a per weighted life basis. Any appropriate premium increase or decrease is determined by the ratio of the premium needed to the actual premium per .~~TtsfJ~ Page 3 " ..... .....,1 EXHIBIT 6 Weighted Life. -'" " This û.nalysis indicates the rate structure, effective October 1, 1999 through September 30, 2000, is not adequate to meet all expected claims and expenses of the Plan and is deficient by 15%. EXHIBIT 5.....CLAIlVI LIABILITY DISCOUNT FACTOR CALCULATION The purpose of Exhibit 5 is to calculate the effect of the time value of money on the plan's claim liability as required by the American Academy of Actuaries. The claim liability discount factor is equal to 0.9925 using an interest rate of 6.33%. .~tLT~J~ Page 4 ~ '.J ., , ..¡1' .. '-' 'wi The Treasurer of the State of Florida Department of Insurance Bill Nelson January 12, 2000 Mr. Joe Finnegan St. Lucie County Self-Funded Benefits Plan 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 RE: St. Lucie County Self-Funded Health Benefits Plan Florida Statute 112.08 Dear Mr. Finnegan: The Department of Insurance has reviewed your annual report for the above referenced plan for plan year ending 1999, including the statement as to the plan's actuarial soundness. Since we have found no actuarial deficiencies, your filing is accepted as being in compliance with the requirements of statute. Thank you for filing the required informati0n. Sincerely, £J~ Bruce G. Lindsay, AS~AAA BGL/dbk TREASURER . INsURANCE COMMISSIONER . FIRE MARsHAL BRUCE G. LlNDSA Y, ASA, MAAA, ACTUARY' BUREAU OF LIFE & HEALrn FORMS & RATES 200 EAST GAINES STREET . TALLAHASSEE, FLORIDA 32399-0328 . (850) 413-5020' TELEcOPIER (850) 922-3866 lindsayb@doi.state.fl.us Affmnative Action / Equal Opportunity Employer .~ ..., '.;,), ,-,Insurance Comn'tJttee MEMORANDUM #99- 015 Joseph D. Finnegan Chair Ext 1404 DATE: July 2, 1999 TO: BaCC Clerk of the Court Supervisor of Elections Tax Collector Doug Anderson JoAnne Holman Joanne Baker Gertrude Walker Annie Clark Dorothy Jo Conrad Michaeleen Johnson SUBJECT: "Group Health Insurance Actuarial Reporf' Final Copy Wakely Consulting Group Enclosed is the final report, "Group Health Insurance Actuarial Reporf', which was prepared by Steve P. ZOldos, FSA, MAAA of Wakely Consulting Group. The net claim liability (IBNR) as pointed out on page 2, 1st paragraph, is estimated at $772,122. The current year end reserve detail adjustments contain an amount of $800,000 to cover the current IBNR. On page 3, 6th paragraph, there is a projected $280,000 shortfall over the period 10/98 - 9/99. This shortfall cannot be confirmed until year end (9/99). Any additional funds should be programed in reallocation of monies received after the resolution of FPL taxes. If you have any questions, please call me at extension 1404. ~~- c: Hank DuFour, Training/Personnel Manager Harvey Lincoln, Management & Budget Manager Marie Gouin, Management & Budget Principal Budget Analysis s I.· WA~LY . ICONSULTING GROUP '-' CONSULTING AcruARlES 5HEALTHCARE SPECIALISTS June 23, 1999 Mr. Joe Finnegan St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 Subject: Actuarial Report Dear Joe: Enclosed please fmd the fmal copy of our Actuarial Report on the St. Lucie County Self-Funded Group Health Insurance Plan. It was a pleasure working with you and your administrator (Susan Neal at the McCreary Corporation) on this project. If you have any further questions or need any additional follow-up, please let me know. In September 1999 we will be sending you a letter to see how things are going and to offer you our services for the annual actuarial certification with the Florida Department of Insurance (per Florida Statute 112.08). You will fmd our fees to be very reasonable for this certification (we do more of these certifications than any other actuarial firm in Florida). Thank you again for choosing Wakely Consulting Group Inc. for your actuarial services. We look forward to working with you in the future. Best regards, þ Steven P. Zoldos FSA, MAAA President (727) 507-9858, Ext. 101 SZ/s D:\Letter99lQ808 Sl Lucie County\Joe Finnegan. Repon.doc Wakely Consulting Group. Inc. . 19321 US Highway 19 N . Suite 515 . Clearwater, Florida 33764-3143 Tel 727.507.9858 . Fax 727.507.9658 . www.wakelyconsulting.com ·.WAK~lY ., ICONSULTING GROUP ...., CONSULTING AcnJARIES 5HEALTHCARE SPECIALISTS May 18, 1999 St. Lucie County Board of County Commissioners c/o Mr. Joseph Finnegan 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 Subject: St. Lucie County Self-Funded Group Health Insurance Plan Gentlemen: This letter is to report our conclusions on the actuarial soundness of the St. Lucie County Self- Funded Group Health Insurance Plan (the Plan). Wakely Consulting Group Inc. has been retained on behalf of St. Lucie County to report upon the liabilities and actuarial soundness of the Plan. This report includes opinions and supporting exhibits concerning: 1. determination of an appropriate claim liability as of March 31, 1999; 2. the appropriateness of the Plan's current rate structure in the aggregate; and 3. reinsurance levels and costs. In addition to expressing opinions on the above items, we have also expressed opinions' and recommendations about other phases of the operation of the Plan. This was done as a by-product of the analysis so as to give as much infonnation as possible concerning the program's operation. All the information furnished t.~ relative to the Plan's operation was furnished by the Plan's third party administrator, McCreary Corporation. yv e reviewed the data for reasonableness, but the scope of our involvement did not include an audit of the data furnished to us and -we have prepared our analysis and conclusions with reliance upon the accuracy of the basic- data as furnished. This report includes the following Exhibits which support our opinions and recommendations: Exhibit 1 - Derivation of Weighted Lives Exhibit 2 - Completion Factor Development - an analysis of the relative speed in which claims are reported and paid Exhibit 3 - Development of Incurred Claims and Net Claim Cost Wakely Consulting Group, Inc. . 19321 US Highway 19 N . Suite 515 . Clearwater, Florida 33764-3143 Tel 727.507.9858 . Fax 727.507.9658 . www.wakelyconsulting.com St. Lucie County c/o Mr. Joseph Finnegan May 18, 1999 Page 2 ..., "WI " , Exhibit 4 - Rate Adequacy Analysis Exhibit 5 - Claim Liability Discount Factor Calculation Exhibit 6 - Explanation of Exhibits 1 - 5 March 31,1999 Claim Liability Determination The attached Exhibit 3 displays calculations of the claim liability at March 31, 1999. The net claim liability (net of reinsurance) is estimated at $772,122. The claim liability is for all claims incurred before April 1, 1999, and unpaid as of March 31, 1999. The claim liability calculated in this report is based on the assumption that the incurred date of a claim is the same as the date of service. This is the case in the vast majority of situations. However, defining the incurred date as the date of service under an extension of benefits provision, will generally result in a slight understatement of the claim liability. For example, if the Plan were to terminate, a hospitalized employee may continue to receive medical benefits under the Plan for claims with an incurred date (i.e., date of initial hospitalization) prior to Plan termination even though those claims may have a date of service after Plan termination. A comment should also be made with regard to claim liability estimates. Claim liabilities are prospective estimates of claims which have been incurred but not paid, calculated by using trends and relationships observed in the past and applying them to the future. Wide fluctuations can occur in the difference between the 'estimates' and 'actual' claim liability, even if the methodology for calculating the liability is actuarially sound. Some of those reasons include: I) The average period between the time a claim is incurred and the date it is paid in the future may not be the same as in the past. 2) Large claims may not be present in the same magnitude (higher or lower) for the future relative to the past. Claim liability swings of 20% of the estimated amount are not uncommon. For small programs, the swings can be even larger. The statement about wide fluctuations is being made only to alert the reader the calculation is not a perfect science. .;;f; I'·WAKELY If.CONSug:ING GROUP · , ' , é St. Lucie County '-' c/o Mr. Joseph Finnegan May 18, 1999 Page 3 ....., Additional Liability Adjustments The Interim Actuarial Standards Board (IASB) of the American Academy of Actuaries has adopted a set of recommendations concerning the recognition of certain situations which could have an effect on the calculation of liabilities included on fmancial statements. No adjustment has been included on this report for those IASB recommendations. Those recommendations are: Recommendation Number 6 - Recognition of the Time Value ofMonev "The time value of money should be recognized whenever doing so will have a material effect in the determination of liabilities for incurred but unpaid claims." This statement means claim liabilities should include an interest discount to recognize that claim liabilities are paid out over a period of time and the present value of that payment stream is less than the sum of the payments. The attached Exhibit 5 shows the theoretical calculation of a claim liability discount factor as 0.9915. Therefore, the March 31, 1999, claim liabilities can be reduced by 0.85% (= 1 - 0.9915), or approximately $6,600 (.0085 x 772,122), if interest is to be included on the cash flow. Recommendation Number 7 - Recognition of Claim Settlement Expenses "If the discharge of liability for incurred but unpaid health claims will necessitate future claim settlement expenses, the present value of those expenses should also be considered a liability of the plan." The size of this liability can be estimated by the following formula: (Claim Adjudication Expense Per .$1 Claim) x (Claim Liability) The current administrative fee for adjudicating health claims is approximately',equal to 2.9% of expected incurred claims. Therefore, if the administrator would not be responsible for adjudicating the claim liability after their contract terminated, an additional adjudication expense liability of approximately $22,400 (= .029 x $772,122) must be established. Premium Adequacy Exhibit 4 analyzes the adequacy of rates for the fiscal year 10/98 - 9/99. The current monthly revenue appears to be inadequate for the period by a factor of 6.8%. This translates into a projected shortfall of $280,000 over the period 10/98 - 9/99. If the next opportunity for a rate change is 10/1/99 (and assuming no change in plan design), a rate increase of approxÜ-nately 17% .~~~GEGk'!r S1. Lucie County c/o Mr. Joseph Finnegan May 18, 1999 Page 4 '--' ..., will be needed using a 10% annual medical trend assumption. This rate increase would drop down to 13.5% if we used a more aggressive annual trend assumption of 8%. Reinsurance Specific stop-loss and aggregate reinsurance is provided to the County by John Alden Life Insurance Company. The specific stop-loss coverage provides reinsurance above a $125,000 retention per individual claimant for medical claims paid during the contract year. For the 1997 calendar year, the Plan recovered approximately $592,000 in specific excess claims and paid out approximately $133,000 in reinsurance premium. The aggregate stop-loss attachment point was approximately $5,038,000. No aggregate stop-loss claims were filed during this period. During the short plan year 1/1/98 - 9/30/98, the Plan recovered approximately $188,000 in specific excess claims and paid out approximately $154;000 in reinsurance premium. The aggregate stop-loss attachment point was approximately $3,610,000. No aggregate stop-loss claims were filed during this period. During the current fiscal year (10/1/98 - 9/30/99) the aggregate attachment point is estimated at $4,963,000. Our projected net incurred claims for 1998-99 (adjusted for expected specific recoveries) is $4,048,000. If our trend assumptions prove correct the County should not expect to see an aggregate stop-loss recovery in 1998-99. There are no specific stop-loss reinsurance recoveries so far in 1998-99. The Plan is expected to pay approximately $199,000 in reinsurance premiums during this period. In summary, the Plan's reinsurance cc 'erage appears to be providing a good return on the premium dollars paid in. For the period 1/97 -.9/98, the plan paid out $287,000 in premjum but received back approximately $780,000 from John Alden Life. Current reinsurance ,pricing appears to be reasonable based upon the historical experience of the Plan. Contingency Margin For any group health plan, we also recommend a contingency fund or margin be maintained by the program to allow for adverse claims fluctuations. This contingency fund, which is in addition to the amount required to fund the net claim liability, should be maintained at 10-15% of annual incurred claims. This implies that the Fund balance for the Plan should include enough assets to cover not only the existing net claim liability but also an additional contingency margin of $377,000 - $566,000. This contingency fund could be built up over a period of several years and .~~T~A~X I ..:. St. Lucie County '-' c/o Mr. Joseph Finnegan May 18,1999 Page 5 ..., would be used to cover any unanticipated adverse experience (unexpected medical inflation, overutilization of plan benefits, extraordinary shock claims) that may develop. Other Miscellaneous Comments Non-Claim Expenses - The Plan's non-claim expenses look very reasonable. Specifically, these expenses are running at 8.45% of required premium. In other words, for every $1.00 of revenue paid into the Plan, $0.0845 goes toward expenses and $0.9155 goes toward paying claim benefits. A comparable fully-insured program would pay on average $0.85 toward benefits leaving $0.15 in the insurer's pocket for expenses and profit. Plan Design - We have reviewed the plan design and find it to me mainstream with the following exceptions: 1. Phannacy copays are on the low side. It is rare that we see a drug copay below $8.00 for generic with brand hitting up to $20 per script. Drug costs have received a lot of press lately due to the excess acceleration in costs relative to other medical care expenditures. With respect to mail order drugs, it is becoming more common to require a higher copay (i.e., two times the retail copay for a 90 day supply) relative to the retail copay. The patient saves one copay by using mail order. This may be an area to tighten up during the next round of benefit changes. 2. It appears very few employees (less than 3%) are signing.up for Option 2. At some point, if this trend continues, you may want to simplify your offerings and eliminate this Option and possibly save on the administrative costs. Administratio:~ - As stated earlier, the administrative (non-claim expenses) costs of the program are running at a very reasonable cost. To further this efficiency, the County may wish to consider consolidating all administraLlve services related to the operation of the self-funded health plan to your TP A for a fixed annual cost. Of course the TP A can not take financial responsibility for adverse claims experience, but an administrative agreement could be arranged to transfer all management of the Plan to the TP A. Concluding Remarks The following is a summary of our conclusions as a result of our analysis of this program: 1) The net Medical claim liability as of March 31, 1999, is $772,122. 2) If the time value of money is to be recognized, the claim liability can be reduced by $6,600. .~~T~G~kð: St. Lucie County c/o Mr. Joseph Finnegan May 18, 1999 Page 6 '-' ..",; 3) If the administrator is not responsible for the adjudication expense of the claim liability at the time oftennination of their services, the claim liability should be increased by $22,400. 4) We recommend a contingency reserve of 10%-15% of arumal incurred claims or $377,000 - $566,000 be held in addition to amounts set aside to cover the estimated claim liability ($772,122). This contingency fund could be built up over a period of several years. 5) The current gross premium structure is expected to be inadequate to meet plan obligations for the 1998-99 fiscal year by approximately 6.8% or a projected shortfall of $280,000 over the period 10/98 - 9/99. If the next opportunity for a rate change (assuming no change in plan design) is 10/1/99, a rate increase of approximately 17% will be needed using a 10% annual medical trend assumption. We would like to note our appreciation for the help given us by Ms. Susan Neal at McCreary Corporation. The help with follow-up questions and the prompt attention was appreciated. We are glad to have been selected to perfonn this analysis. Please let us know if we can provide further service. Respectfully submitted, ~p~~ Steven P. Zoldos, F.S.A., M.A.A.A. Consulting Actuary (727) 507-9858, Ext. 101 D:lLetter99\Q808 Sl Luci. CountylManagement.doc Attachments .~~tGEJX --- , , -. . 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I-UJ ~a:iô¡§ :5~zl- ü-J~~ , UJ a::W a:: oä:zo w::;:OI- J:o¡::Ü 1-,-, ~ '-' O§OOOO§8§8N~m~m~~M~~N~m~ Q Qoao ~~QNNm~_MN~_~~ ~ ~88g 8 8ðgð888õ~8~~~ffi~ oaooodddodoqododdddddodo ~Mm~~~~_~~M_m~~~~MMNMM~~ ~m~8~~~~~~~~~~~~~~~~~~~~ ~~ømmmmmmmmmmmmmmmmmmmmm ddddddddododdddddddddddd OO~O~0088~~--MMO~N~~m~a~ ggð8ðggooððg888õõ~8~~~g~ ooadddddado90ddoddddddod ooog§~8ooo§-m~~a~ro~ø-~8M 8880 00888 8~~~~~~~~~~M~ ~~~~~~~~~~~~ddddddddaddd <i ::;¡ co ~MN_om~~~~~MN_amm~W~~MN_ NNNNN__............____......_ .." N '" "' '" N a: o I- ü ..: u.. I- Z :::> o ü UJ Õ >- I- ::; ¡¡; ..: ::¡ ::;: 3 < _ü 1 "' C;; 0> o '" .... '" N .... N "! N \ . ...., ...., wi ... , ST. LUCIE COUNTY SELF-FUNDED GROUP HEALTH INSURANCE PLAN Explanatory Comments on Computer-Produced Exhibits EXHIBIT l.....DERlVATION OF WEIGHTED LIVES The purpose of using weighted lives is to obtain a stable base for measuring average costs and premiums over periods of times. It reflects the risk for various sub-groups of the employees, and "nonnalizes" the experience, reflective of changes in distributions of covered employees. The weighting reflects the expected costs per coverage unit as compared to the cost of a single employee. In this year's study for St. Lucie County, weighting factors were as follows: Single Employee 1.000 Employee With Dependent 1.000 EXHIBIT 2.....COMPLETION FACTOR DEVELOPMENT The top part of Exhibit 2 displays a summary of the paid claims by incurral month. For example, the amount shown in the column labeled" 1" with an incurred date of "97.04", means that $147,316 of claims were paid (net of reinsurance) in the fIrst month after they were incurred in April of 1997. The number of weighted lives, shown in the fIrst column after the incurred date on Exhibit 2 is an inventory of the weighted lives covered for tha~ particular month of incurral. See prior section for a discussion of weighted lives. Line D of Exhibit 2 displays the completion factors on a "last 3 months" basis. These factors represent the amount of claims (adjusted for trend) which have been paid by a given number of months after incurral. For example, the factor shown in column "4" of Line D, means that 92.6%('[ all incurred claims will be paid within four months after they have been incurred. The complement of this statement is that 7.4% of all claims which have been incurred will not have been paid at the end of four months after incUrral. The complement of the completion factors represents the claim liability. The completion factors shown in Line D of Exhibit 2 are used in Column 7 of Exhibit 3 to calculate incurred claims. This calculation will be discussed next. _WAKELY ~ CONSULTING GROUr Page 1 " t ~ '. ì ... .. '-' ..""", EXIDBIT 3.....DEVELOPMENT OF INCURRED CLAlMS AND NET CLAIMS COST Incurred claims for any given date are defIned as those claims having a date of service for that date. Exhibit 3 displays our calculation of the Incurred Claims, Claims Costs and Claim Liabilities. The premium shown in the second column of Exhibit 3 represent~ the Premium paid by month. The "Weighted Lives" shown on the fourth column of Exhibit 3 are the same as those shown in Exhibit 1. The sixth column of Exhibit 3 shows the net claims which have been incurred and paid as of March 31,1999. For example, $274,406 of claims have been paid by the end of March, 1999 which were incurred in June, 1997. The "Completion Factors" shown in column 7 of Exhibit 3 are the same as those shown on Line D of Exhibit 2. Column 8 of Exhibit 3 displays "ADJUSTED" completion factors which are calculated by dividing Incurred and Paid Claims (column 6) by Estimated Incurred Claims (column 9). Estimated Incurred Claims in Exhibit 3 (column 9) are calculated using the following formula: CFx (PCx/Cx) + (l-CFx)(WLx)(CCx) where CFx Probability that the historical completion factor when divided into total claims incurred in month x and paid by the valuation month will be a good estimation of incurred claims. PCx Claims paid by the valuation month that were incurred in month x. Cx Completion factor for claims incurred and paid in month x to approximate ultimate incurred claims. WLx Weighted Lives for treatment month x. CCx Projected claim cost per weighted life for treatment month x. This projected claim cost is calculated by trending the last 12-month claim cost for the period ending on the month prior to the mid-point of the current month at an annual trend rate of 10%. _WAKELY ~ CONSULTING GROUP Page 2 ~ t ~ " ~ ..., .. . . Since the probability that the historical completion factor represents the proportion of incurred claims paid by the month of valuation (the CFx tenn), is somewhat subjective but is certain to vary relatively closely to the Cx tenn, the fonnula for estimated incurred claims can be simplified to: PCx + (l-Cx)(WLx)(CCx) ifCFx = Cx This fonnula for the calculation of estimated incurred claims for month x is a blending of a methodology calculating incurred claims from completion factors only with a methodology using Projected Claim Costs applied to exposures (Weighted Lives). The "Monthly Claims Costs" in Exhibit 3 were calculated by dividing the Estimated Incurred Claims by the Weighted Lives for each particular month. The "Cumulative Claims Cost" shown in Exhibit 3 was calculated by dividing the Estimated Incurred Claims for the current and all preceding months by the Weighted Lives for the same period of time. The "Last 12 Months Claims Cost" shown in Exhibit 3 is a moving average of the last 12 months claims cost. A twelve-month moving average is useful because only one of each calendar month is included in the analysis and therefore any effects of seasonality are removed. This munber is the projected claims cost used as a starting point for the Rate Adequacy Analysis (see below). The calculations of "Premium Per Weighted Life" sho\Vn in Exhibit 3 are calculated in. the same manner as net claims costs, except that billed premium is used instead of Estimated Incurred Claims. The Incurred Loss Ratios shown in Exhibit 3 are calculated by dividing the Estimated Incurred Claims by the Billed Premium tor each particular month. The second from last column of Exhibit '3 displays our current estimate of the claim liability for the past 24 months using paid claim data through the valuation date. .. EXHIBIT 4.....RATE ADEQUACY ANALYSIS This exhibit develops the premiums we feel are needed for the current plan year. Cla~ms costs are projected, reinsurance costs and administrative costs are added to obtain the "Theoretical Gross Premium Needed." All these are done using costs per Weighted Life to assure a uniform basis throughout. The theoretical gross premium established for October 1, 1998 through September 30, 1999 is also on a per weighted life basis. Any appropriate premium increase or decrease is detennined by the ratio of the premium -.WAKELY . CONSULTING G~OUP Page 3 " ............... '-' ...",; AGENDA REQUEST ITEM NO. C-5C DATE: July 25, 2000 REGULAR [ PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Henry DuFour SUBMITTED BY0DEPT) : Human Resources SUBJECT: New filing system for the Human Resources Department. BACKGROUND: See attached. FUNDS AVAIL.: 001-\330-564000-100 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the purchase of a large filing system per budget amendment BAOO- 148 and Equipment Request EQOO-232. xJ APPROVED J OTHER: DENIED COMMISSION ACTION: Review and Approvals County Attorney' Management & BUdg~ thf'4h Purchasing: Odgina"ng D.P'~ OCh." 0=." Finance: (Check for Copy only, if applicableJ___ Eff. 5/96 ~ -- r' '-' 'will When the Human Resource Department was established approximately 16 years ago, the BOCC had approximately 250 employees and needed only two filing cabinets. Throughout the years as the department expanded to include Risk Management, Human Resources and Training, and as the number of employees grew, the need for additional filing space grew. The department is mandated by law to keep all terminated, retired, and current employee files forever. In addition we have also been mandated to have separate files within an employee file for medical information (not under public record) and CDL folders. Each year we have had to add additional filing cabinets to hold the additional files and used boxes, 104 at la~t count to hold all the files plus extra filing cabinets in our halls and offices. We have done extensive research with the help of Office Products to find a filing system which will hold all files with room to expand in half the space now use~:L While this will take massive undertaking to redo the filing system it will be bring us into compliance and provide a security systems (numerical) that we do not currently have. .~ .. ,-,'DGET AMENDMENT REQUEST FO~ REQUESTING DEPARTMENT: HUMAN RESOURCES PREPARED DATE: 07/18/00 AGENDA DATE: 07/25/00 ~._---,-- TO: 001-1330-564000-100 Machinery & Equipment $7,200 FROM: 001-1330-547005-1901 Printing & Binding-Material Center $3,000 001-1330-534000-1901 Other Contractual Services $4,200 REASON FOR BUDGET AMENDMENT: Move money to correct account number for the purchase of a new large filing system for Human Resources. CONTINGENCY BALANCE: nla THIS AMENDMENT: nla REMAINING BALANCE: nla DEPARTMENT APPROVAL: OMB APPROVAL: ~ BUDGET AMENDMENT #: 00-148 DOCUMENT # & INPUT BY: G:\BUDGEnQUA TTRO\GENERAL \FORMSIAMENDMOO.wb3 07/18/00 m C D m c: "tI "tI » š: ;;a -f m š: z -f m z ;;a ::I m D ~ IT! <: :r: () CD c: c ::::: ~ c Õ) , I\) c3 <: (,. I\) CD ::1J :::!l 111 ~ C/) CO 0 (I) c: '6i ::1J (j) (") 111 :3 ~ Ò' ::tì en ..., èì) -t s: :);;; m~ CD ~ :r: Dc c:: So :3 ~ "tI- 0) G) 3:m ::J ::1J 111 0 CD s: :þmO (I) ~ G')~C 0 c:: m:::oz (=3 -; CD Zm::;! (I) ~gm " ::1J èi;' :::Om 0 "'" men:Þ s: D-t:::O » 0) » ;;a CliO ::J () 0) "tI m moO () co "tI () en:::Oll 0 CD ;;a 0 -tIlO c: :3 0 s: z CD < s: 0-0 ::J -f .... m m :Þ~c z 0 c z rrl:þZ c: CD c s: "b m ~~::;! 0) c¡ §: c m Ñmo ~ CD 01:Þ0 ¡:t õ:::03: o~3: (0_ (0 en (0 en ,_ NO a ~ gz a om ...... I C/) :::0 ...... w en w C? 01 0) .¡", a a a I ...... a a 137/14/21380 15:39 561-468-13984 o P S, INC. PAGE 82 '" " 14~Ø9:39 QUOTATION SUBMITTED BY 07/14/00 OFFICE PRODUCTS RND 561-464-0450 2øa AVENUE PI FOR1· PIERCE; SERVICES BOARb OF CO COMMISSIONERS 5T LUCIE COUNTY R206 2300 VIRGIN!À AVE FORT PIERCË Fl 34950 561-464-0450 Ei61-462-110Ø PAGE 1 FL 34982 QUOTATION NUMBER 71400DT2 ~~:==;=====c:~~ =;: == =c~====~~======~==~~==~===== MFG ITEM NUMBER CO. UN· D£::SCRIPTION *+* SORT CODE OIL FREIGHT D/L SHELVING 8ROÙP *** D/L EAFREIGHT FROM FACTORV D/L ËA:8-36-6 SHELVING CONSISTS OF: 2 - LCT-8-3612-6 2 - TOT-8-3612-6 ;3 - LCT-S-3624-6 3 - TOT-B-3624-6 ::: - B3676 BACKS IBM EAINSTALL MECHANICAL SYSTEM PIP EA ¡MECHANICAL ASSIST TRACK/CAR PIP EAFREIGHT FROM FACTORY SPECIAL PRICING PERI BROWARD COUNTY SCHOOL #21-012X ITEMS 96 AND OTY PRICE EXT.PRICE ===;c: =:=_;¡¡:;::::~=== :Z::::::==:;=::;;;;;c.~~ 1 510.000 510.00 1 2652.96Z 2652.96 STARTER ADD-ON STARTER ADD-ON INSTALLATION PIPP-RDS PIPP/FREISHT 1 1 1 1026.000 Z772.SØØ 19'3.000 10Z6.Ø0 2778.90 199.00 BOARD CONTRACT 262 TOTAL NET 7.166.86 71E.6.B6 - ..'\-.,~.....-I\..._..-..".~._~ . \J AGENDA REQUEST '-'Ì ITEM NO. e.,-/Þ DATE: July 25,2000 "INVESTMENT FOR THE FUTURE" SUBMITTED BY (DEPT): ENGINEEIRNG DIV. 4115 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: P~~fEN~ County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Request approval of Work Authorization No. 8 to the engineering agreement to retain the services of Jenkins & Charland, Inc. to provide requested revisions to the construction documents for South 25th Street Bridge over 10-Mile Creek. BACKGROUND: The F.Y.1997-98 budget provided for the repair of the S. 25th Street Bridge over 10-Mile Creek. Work Authorization No. 2 provided design plans, specifications and cost estimates for the needed repairs. Work Authorization No.6 provided the construction documents for bidding of the project. Bid documents for the repairs were published on September 10, 1999. The BOCC awarded the contract on January 11, 2000. The contractor who was awarded the contract was unable to proceed with the repairs. Subsequently, the contract was terminated. The requested revisions to the construction documents should lower the total construction costs associated with the repairs. FUNDS AVAILABLE: Funds will be made available in Fund No. 316001-41133- 563000-4321 Transportation Capital! Local Option! Bridge! Maintenance. PREVIOUS ACTION: March 24, 1998 - BOCC approved Work Authorization No.2 for design plans and specifications in the amount of $7,200.00. August 10, 1999 - BOCC approved Work Authorization NO.6 for preparation of bid documents in the amount of $1,980.00. RECOMMENDATION: Staff recommends the Board approve Work Authorization NO.8 for the scope and fee proposal submitted by Jenkins & Charland, Inc. for engineering services to provide requested revisions to the construction documents in the amount of $ 900.00, and auth ize the Chairman to sign. [~ APPROVED [] OTHER [] DENIED COMMISSION ACTION: [x] County Attorney :JJ:. Originating Dept. P~~S [x] Finance f\\~ (Check for copy only, if applicable) s25thbridgewa8jc.ag D u sAnderson Co ty Administrator ~9~Udgetç;I/J ì1;rr(l[X] Purchasing [x] Project. Man. ~ [x] Rev.Coor. æ %f'l:t\. ~ ...., WORK AUTHORIZATION NO.8 Engineering Services Related to Bridge Design C-98-01-249 for 25th Street Bridge over 10 Mile Creek Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Jenkins & Charland, Inc. (The "Engineer") dated January 6, 1998, the 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 affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER BY: Print Name: Jenkins & Charland, Inc. Date: ........ to. ....,. .... ... 01"""'.JI Ui vIIQI ...OIIY, ~II\"., . . ~"'I "U .....'U::I, VU...-II-VU U...JU, '-"ye ..JIJ '-r' "'" WORK AurnORIZATlON NO.8 EXHIBIT A nate" SCOPE OF SERVICES SECTION I: GENERAL SCOPE STATEMENT The CONSULT ANT shall provide requested revisions to the construction documents prepared under Work Authorization No.2 (PO #1>9814120) and Work Authorization NO.6 (PO #P9915323) for bridge #940023, Hawley Road(25th) over 10 Mile Creek. SECTION 2: SPECIFIC TASKS Task t: Revise the guardrail post mounting detail as the February 26, 2000 detail. Task 2: Change end anchorages to Type IV at all bridge approach comers. Task 3: Evaluate and replace the approach slab repair item &om bid item 400-136, Inject and seaJ cracks for the repair of the approach stabs with the procedure oudined in section 350-15.6.3, cleaning random cracks in existing pavement as per the Florida Department of Transponation Standard Specification for Road and Bridge C..onstruction dated 2000. W.{;IIL uy: vC.II\.L'I~ QI, t."llcal..L.ctIIU, J.11l,;. J ::1-' I .U tJ -'¿tJ:I j ..J UJ. - 1 1 - UU 1;¿;:> I j Page 2/2 '-' ~ WORK AUTHORIZATION NO.8 EXHIBIT ß Date: The COUNTY shall compensate the CONSULTANT for providing and performing the Tasks set forth and enumerated in EXJßBIT "A" entitled "SCOPE OF SERVICES" as follows: Task Number Task title Amount of Type of Compensation Compensation 1. Revise GR Mounting $400 Lump Sum 2. Replace End Anchorage $200 Lump Sum 3. Revise crack repairs $300 Lump Sum GRAND TOTAL $900 ..."".,. .... a ............_.,.... _ _ __ ___ _ _ . . .. -.- ---I , "'::J'" '-' ,"'"' ......, " WORK AUTHORIZATION NO.8 EXHIBIT C Date' SCHEDULE OF PERfORMANCE This Ex.hibit establishes tÎmes of completion for the various task!! required to perform the work set forth in Exhibit "A": Number of Calendar lask Number Task Title Days for Completion l. Revise GR Mounting 14 2 Replace End Anchorage 14 3 Revise crack repairs 14 ....... '-" AGENDA REQUEST ""'" ITEM NO. C-7a DATE: July 25, 2000 REGULAR [] PUBLIC HEARING [ ] CONSENT [ X ] TO: St. Lucie County Board of County Commissioners SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Budget Resolutions # 00-166 and 00-167 for new Airport improvement grants awards by the Florida Department of Transportation. BACKGROUND: On June Z3, 2000 St. Lucie County BOCC received the following fully executed Joint Participation Agreements: $24,000 JPA 236713-1-94-01 as an addition to the Construction of Airport Maintenance Building project, and $25,000 JPA 408784-1- 94-01 for a new grant - Rehabilitation of Airfield Guidance Signs. FUNDS WILL BE AVAILABLE: $Z4,OOO in 140275-4220-334411-460026 FOOT Airport Maintenance Building Grant and $25,000 in 140310-4210-334411-46012 FOOT Airport Signage Grant. PREVIOUS ACTION: On 6/13/00 St. Lucie BOCC approved the above described grant awards. RECOMMENDATION: Staff recommends that the 81. Lucie County Board of Commissioners approve Budget Resolution #00-166 for the $24,000 addition to the Airport Maintenance Building Grant and Budget Resolution # 00-167 to appropriate and expend the funds from the $25,000 FOOT Airfield Signage Grant. COMMISSION ACTION: NCE: [~APPROVED [] DENIED [ ] OTHER: County Attorney: XX ~ Management & Budget: XX N\ft\ Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) ~ G :\B UOG Elì WPIA GENOA'SlAgendaOO\ ï'25 Airport. wpd '-' ...., RESOLUTION NO. 00-166 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation in the amount of $24,000 in form of a supplement to the Airport Maintenance Building Grant. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of the St. Lucie County Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Board of County Commissioners, Florida, in meeting assembled this July 25th, 2000 pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-2000, and the County's budget is hereby amended as follows: REVENUES 140275-4220-334411-460026 FOOT-Transportation $24,000 APPROPRIATIONS 140275-4220-562000-460026 Buildings $24,000 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 Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 25TH DAY OF JULY, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY '-' RESOLUTION NO. 00-167 \wi WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation in the amount of $25,000 in form of a supplement to the Airport Maintenance Building Grant. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of the St. Lucie County Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Board of County Commissioners, Florida, in meeting assembled this July 25th, 2000 pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-2000, and the County's budget is hereby amended as follows: REVENUES 14031 0-421 0-334411-460 12 FOOT-Transportation $25,000 APPROPRIATIONS 14031 0-421 0-563000-460 '\ 2 Improvements OIT Buildings $25,000 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 Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 25TH DAY OF JULY, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\BUDG E1ì WP\AG ENDA'S\AgendaOO\ 7'25Airport. wpd JEB BUSH GOVERNOR '-' \\ - ....., PI ·da D ~ orl epartment of Transportation PUBUC TRANSPORT A n 3400 Wesl Commercial Boulevard . F~ ~ · }~.YIATION SECTION e, Florida 33309-3421 . (954)777-4490 June 26, 2000 Mr. Paul Phillips, A.A.E. Airport Director St. Lucie County International Airport 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Dear Mr. Phillips: Subject: FIN. PROJ. No.: Description: 236713-1-94-01 Construct Airport Maintenance Building R[(;F'\ r'D '-' _1 V c: -; j Ai?';;Oi1T ST. LUCIE COUNTY FLOP. , .IDA THOMAS F. BARRY JR. SECRETARY , 3 Enclosed are two (2) ful\y executed Supplemental Joint Participation Agreements (SJPA) for the subject project. Please keep this office advised of the progress on this project as required by the JPA. In accordance with Paragraph 18.00, as amended, the expiration date of the agreement is December 31, 2000. N. expiration. any unused funds will be unencumbered and the contract will be canceled. If the contract needs to be extended, please notify us in writing at least 60 days prior to the expiration date. In addition, pa.ragraph 18.10 requires final invoicing within 120 days after the contract expiration date. Should you have any questions regarding this Agreement, please call me at (954) 777- 4404. Sincerely, ~~ Rebecca L Rivett Aviation Specialist Public Transportation Office enel ee: Nancy Bungo, Public Transportation Manager Matthew J. Thys, Aviation Supervisor File ,: (0 r".; ,.-',..-J -:i '- ;. .~ .'- !_,_ l I I" ., "'LA. '. I' _..(.- -;'- (. ,,,---/, /.... ..I_~ \.~'" i,....... :......(. .. \. -'. ( ... ..._-).....".' .~'...~ . , r _,'., www.dot.state.fl.us . .-~ \0..- _.__ I 3 ;..-.. ..' ,. . . -...: (!) RECYCLED PAPER ¡ l ~ '_; ~ ¡ 'J >---..... ~ ...., ,- . .- :- ../ .", ~ Florida Department of Transportation ST. LU::::::: ca~\TY; F~C'1!DA. lEB BUSH GOVERNOR PUBUC TRANSPORTATION OFFICE. AVIATION SECTION 3400 West Commerdal Boulevard. Fort Lauderdale, Florida 33309-3421 . (954)777-4490 THOMAS F. BARRY, JR. SECRETARY June 26, 2000 Mr. Paul A. Phillips, A.A.E. Airport Director St. Lucie County Inte~national Airport 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Dear Mr. Phillips: Subject: Fin. Proj. No.: County: Description: 408784-1-94-01 Sl Lucie Rehabilitate Airfield Guidance Signs Enclosed are two {2} fully executed Joint Participation Agreements (JPA) for the subject project. Please keep this office advised of the progress on this project as required by the JPA. In accordance with Paragraph 18.00. as amended, the expiration date of the agreement is December 31, 2002. At expiration, any unused funds will be unencumbered and the contract will be canceled. If the contract needs to be extended, please notify us in writing at least 60 days prior to the expiration date. In addition, paragraph 18.10 requires final invoicing within 120 days after the contract expiration date. Should you have any questions regarding this Agreement. please call me at (954) 777- 4404. Sincerely, ~~~ Rebecca L. Rivett Aviation Specialist Public Transportation Office end cc: Nancy Bungo, Public Transportation Manager Matthew J. Thys, Aviation Supervisor File ~ v - - - J'!¿...' ": \..~ '. - ;. . ..L..(~ ~ .' .\.. ~.~_ . I · /J1,.Î/1 J. e..-.(L. /j ~ www.dot.state.fl.us @ RECVCLED PAPE.'1 ... '-' AGENDA REQUEST "wtI ITEM NO. C-7b DATE: July 25, 2000 REGULAR [] PUBLIC HEARING [ ] CONSENT [ X ] TO: St. Lucie County Board of County Commissioners SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Budget Resolution # 00-160 for Florida Communities Trust reimbursement to St. Lucie County for the acquisition of environmentally sensitive land, Bluefield Ranch, in the amount of $1,690,930.30 BACKGROUND: In July of 1998 St. Lucie County BOCC purchased environmentally sensitive land, Bluefield Ranch (part of Cyprus Creek project). County applied for funding from Florida Communities Trust and was awarded $1,690,930.30 in form of a 50% reimbursement for the allowable costs of the land acquisition. FUNDS WILL BE AVAILABLE: 382-3915-369300-3104 Environmental Land Capital Fund, Prior Year Reimbursement for the Cyprus Creek Project. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the St. Lucie County Board of Commissioners approve Budget Resolution #00-160 recognizing 50% reimbursement in the amount of $1,690,930.30 received from the Florida Communities Trust for the Bluefield Ranch Project #98-071-P8A. [x] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attorney: XX Coordination/Siq natures Management & Budget: XX /11 f¡f/@ß]:purChaS¡ng: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) XX / y G:IBUDGET\ WPIAG ENDA'SlAgendaOOI 7'25Bluetield. wpd ~ ...., RESOLUTION NO. 00-160 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Communities Trust in the amount of $1 ,690,930.30 in form of a reimbursement for the environmental land acquisition Bluefield Ranch Project #98-071-P8A. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of the St. Lucie County Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Board of County Commissioners, Florida, in meeting assembled this July 25th, 2000 pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-2000, and the County's budget is hereby amended as follows: REVENUES 382 -3915-369300-31 04 Prior Year Refunds $1,690,931 APPROPRIATIONS 382 -3915-599330-3104 Project Reserve $1,690,931 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 Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 25TH DAY OF JULY, 2000. A TIEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY A TIORNEY "-' FLORIDA COMMUNITIES TRUST DEPARTMENT OF COMMUNITY AFFAIRS LAND ACQUISITION REIMBURSEMENT RECEIPT DATE DELIVERED TO FLORIDA COMMUNITIES TRUST: DATE WARRANT DELIVERED TO PAYEE: SIGNATURE OF PAYEE (AGENT): WARRANT NUMBER(S): 2536275 and 2536276 WARRANT DATE: 6/13/00 AMOUNT: $1,196,607.21 and $494,323.09 FCT PROJECT NAME: B1uefield Ranch FCT PROJECT NO: 98-071-P8A FCT RECIPIENT: St. Lucie County PAYEE: St. Lucie County ~~~RI~a~ u~R~E / .., ¿" I, 4- J 00 STATE OF FLORID' 4- 32 748 92'[ '-' OFFICE OF COMPTROLLER "'wi . REMITTANCE ADVICE THIS IS NOT A PAYMENT DEVI' SAMAS ACCOUNT CODE OlO SITE DOCUMENT NUMBER OBJECT DATE PAYMENT r 52-202332001-52010000-00-08304597 520000 00 DOOO0752357 7900 06/13/00 253627t PAYMENT AMOUNT $ 494,323.09 DO NOT CASH 1111111/111111111111111111.111111111111111111111111111111I1I1I SAINT LUCIE COUNTY 2300 VIRGINIA AVE FORT PIERCE FL 34982-5652 AGENCY DOCUMENT NO VOl1807 PLEASE DIRECT QUESTIONS TO: (850) 488-6409, DEPARTMENT OF COMMUNITY AFFAIRS INVOICE NUMBER AMOUNT --------- ---------------- 98071P8A $ 494,323.09 DETACH CAREFUllY AND RETAIN FOR YOUR RECORDS BEFORE CASHING OR DEPOSITING THE WARRANT },,~( ,""';..'z,,:....· },;.;C .-;'>:'"';1'1/-"" :¡;';c ,..,..........-...,.,,, :¡;.;~ :'''..;.,:.;....,.... 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SAMAS ACCOUNT CODE 52-202332001-52010000-00-08304597 DOCUMENT NO. 00000752357 OBJECT 7900 DATE 06/13/00 WARRANT NO 2536276 63-69 --š3O VOID AFTER 12 MONTHS STATE OF FLORIDA OFFICE OF COMPTROLLER 4- 32 7 4 8 9 2 [I AMOUNT 1$***494,323.091 ~OUR-HUNOR!O-NIH!7Y-~OUR-THOUSAHO-THR!!-HUNOR!O-TW!HTY-THR!! & 01/100 OOLLARS TO THE ORDER OF: EXPENSE 'WARRANT VENDOR ID NUMBER 1111111111111111111111,1,1.1111,11",IIIlZ, Fall\\~ IIJI ~ I"~r 00 SA I NT LUC I E COUNTY _ . ~ ,,' 2300 VI RG I N I A AVE ¡¡:GfHH~d3Q .:iJï~YNi j FORT PI ERCE F L 34982-5652),lN003 313r.l15 TO: TREASURER OF FLORIDA TALLAHASSEE Q~4~~ COMPTROllER OF FLORIDA III n I :J I: :J. r :J r:¡ r n n III .·n~ ::J.nnn~CL.· III L ::111& '-' STATE OF FLORI~ OFFICE OF COMPTROLLER 4- 32 7 4 8 91 ~ REMITTANCE ADVICE THIS IS NOT A PAYMENT DEV: SAMAS ACCOUNT CODE OLO SITE DOCUMENT NUMBER OBJECT DATE PAYMENT 52-202332001-52010000-00-08304596 520000 00 DOOO0752356 7900 06/13/00 25362ï PAYMENT AMOUNT $ 1,196,607.21 DO NOT CASH 1.,11..1"11,1"111111.1,1,1,1,.11"..11,,,1.111,1.11,,,11.1,1 SAINT LUCIE COUNTY 2300 VIRGINIA AVE FORT PIERCE FL 34982-5652 AGENCY DOCUMENT NO V011806 PLEASE DIRECT QUESTIONS TO: (850) 488-6409, DEPARTMENT OF COMMUNITY AFFAIRS INVOICE NUMBER AMOUNT --------- ---------------- 98071P8A $ 1,196,607.21 j~~ID4 (Ù.?u- \'\ ì 4 ~ ~~~ DETACH CAREFULLY AND RETAIN FOR YOUR RECORDS BEFORE CASHING OR DEPOSITING THE WARRANT ....;.1: ~;.;.z ·.·;:·..·;rü..:'...· J. L ··w.~·,,~·:'__ J,"';.( N':·:~·l·;·.r:w. J,;",{ ··..,.....'.·.W.·..A· J,:..;z. -..y.-...~"'q"'. ~..;.,[ ··,.",.;·",~·N/,,··-· J._.I. '·:-:"·v:'~'...: ),~.( ·,·,ú....-.·/·..'..-" 10_1:. ......wù..,...-. )....;.( . ·...·;~·-.·i.·:'...· J,;.;.c ....;-.....,.:'.....- ).;...¡: ...w;.;..-...... )..( ·':""',n",,- ¡''';L '''-\'Ä,''';'ii'''. J,;.;.c SAMAS ACCOUNT CODE 52-202332001-52010000-00-08304596 DOCUMENT NO. D0000752356 OBJECT 7900 DATE 06/13/00 WARRANT NO 2536275 63-69 ~ STATE OF FLORIDA OFFICE OF COMPTROLLER VOID AFTER 12 MONTHS 4- 3 2 7 4 8 91 ~ AMOUNT 1$*1,196,607.21 OHe-MILLIOH-OHe-HUHOReO-HIHeTY-SIX-THOUSAHO-SIX-HUNOReO-SeYeN & 21/100 OOLLARS TO THE OROER OF: EXPENSE WARRANT VENDOR 10 NUMBER 12 '2 IJA 12 Nor 00 1..II"I"IIII"II,I",I,I,I,I"II""II",IIIITi IIIL 'Ir;;!.1 SA I NT LUC I E COUNTY . wJLtluwJ""IO 'J')'¡.jVN!": 2300 VIRGINIA AVE lr.....n O'é .:s ..J..J _. .- FORT PI ERCE FL 34982-5652 A1H003 313rn 15 TO: TREASURER OF FLORID TALLAHASSEE QQ.~-t~~ COMPTROLLER OF FLORIDA ... n I .,,....,,, .,,.,,...,-,,... ..,..,,.. .,,..,n.,..,,.,,..,, ._ .... .,... '-" '-' PROPERTY ACQUISITION DMSION MElVIORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: Donald G. Cole, Property Acquisition Manager DATE: January 4, 2000 SUBJECT: Bluefield Ranch / FCT Project #98-071-P8A Grant Award Agreement ------------------------------------------- ------------------------------------------- BACKGROUND: Attached to this memorandum is a copy of the Grant A ward Agreement between the Florida Communities Trust (FCT) and St. Lucie County pertaining to the Bluefield Ranch Project. The Agreement outlines the conditions governing the use of the property. Article V, Section 1 outlines the facilities that the County will provide on the site. According to the terms of the Conceptual Approval Agreement, dated June 28, 1999, Florida Communities Trust will reimburse the County for fifty percent (50 %) of the final Total Project Cost which have been estimated at One Million Six Hundred Ninety Thousand Nine Hundred Thirty and 30/100 Dollars ($1,690,930.30). RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Grant A ward Agreement, authorize the Chairman to sign the Agreement and direct staff to record the docu in the Public Records of St. Lucie County . CC: County Administrator County Attorney Community Development Director Leisure Services Director L. '-' St. Lucie County Bluefield Ranch FCT Project #98-071-P8A Contract #00-CT-9J-98-8A-K1-071 Date J;4Þe.;4I/Z'1'..7.r :l-..o ...., TOTAL PROJECT COSTS GRANT AWARD CALCULATION Land Purchase Price Acquisition Expenses Survey Appraisals Appraisal Review Environmental Audit Total Acquisition Expenses Total Project Costs $ 27,955.00 11,050.00 344.40 3,200.00 $3,340,000.00(1) 42,549.40(2) COMPUTATION OF GRANT AWARD AND LOCAL MATCH AMOUNT FCT Award Computation Share of Purchase Price Share of Acquisition Expenses Total Share of Project Costs COUNTY Share of Purchase Price Share of Acquisition Expenses Total Share of Project Costs Total Project Costs $1,670,000.00 21,274.70 $1,670,000.00 21,274.70 COMPUTATION OF PREPAIDS AND ADDITIONAL COSTS FLORIDA COMMUNITIES TRUST FCT Prepaid Project Costs Appraisal Review Total Prepaid Costs FCT Amount Due Total Share Project Costs Less Total Prepaid Costs Total Amount Due from FCT $ $ 344.40 344.40 $1,691,274,70 344.40 $1,691,274.70(4) $1, 691, 274.70 $1,690,930.30 $3,382,549.40 $3,382,549.40 '-' ." St. Lucie County Bluefield Ranch FCT Project #98-071-P8A Contract #00-CT-9J-98-8A-K1-071 Date Page 2 DRAFT ST. LUCIE COUNTY County Prepaid Project Costs Land Purchase Price Survey Appraisals Environmental Audit Total Prepaid Costs $3,340,000.00 27,955.00 11,050.00 3,200.00 $3,382,205.00 County Amount Due Total Share of Project Costs Less county Prepaids Total. Amount Due To County $1,691,274.70 3,382,205.00 $1.690,930.30 County Additional Costs Record Grant Award Agreement Total Additional Costs $ $ 78.00(4) 78.00 Notes: (1) Pursuant to memorandum from Neil MacMillan to Anne Peery dated September 22, 1999, the Maximum Approved Purchase Price is $3,415,000.00. (2) Pursuant to the terms of the Agreement for Sale and Purchase, and the closing statement, the cost for title insurance was paid by Seller. (3) Pursuant to the terms of the Conceptual Approval Agreement, as amended, the amount of the grant shall be the lesser of 1,691,699.70 or 50% of the total project costs. (4) Disbursed to Clerk of the Court, St. Lucie County, at time of reimbursement from FCT. The foregoing calculation of grant award and total project costs is hereby approved by the undersigned. FLORIDA COMMUNITIES TRUST S~i~~' Date: ~z... 7IJ~ L I I i I I I I I I I I II II II . '-' ~ TOTAL PROJECT COSTS Fcr Project Number 9B-071-PBA Reimbursement Request Land Purchase Price Total Land Purchase Price $ 3,340 000 00 Acquisition Expenses Certified Survey (closing statement) Environmental Site Assessment Phase I Appraisals Appraisal Review Closing Fee (closing statement) $ 27 955 00 3 200 00 11 05000 344 40 850 00 Total Acquisition Expenses for 11/30/99 reimbursement $ 4339940 Total Project Costs for 11/30/99 reimbursement $ 3,383,399.40 ~ '-' AGENDA REQUEST ,.", ITEM NO. C-7c DATE: July 25,2000 REGULAR [] PUBLIC HEARING [ CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Budget Resolution #00-168 and acceptance of the BULLETPROOF VESTS 2000 grant award from the US Dept. Of Justice in the amount of $3,648.11. BACKGROUND: St. Lucie County Sheriffs Office has been approved to participate in the Bulletproof Vests Partnership Program offered by the US Department of Justice, Bureau of Justice Assistance. One armor vest per law enforcement officer per fiscal year may be purchased through this program. Federal payment will cover up to 50% of the jurisdiction's total costs. At present St. Lucie Sheriff's Office plans to purchase 45 vests and has funds budgeted for the required local match. FUNDS WILL BE AVAILABLE: 107117-2110-331210-200 Bulletproof Vests Grant 2000 PREVIOUS ACTION: St. Lucie County BOCC approved an electronic application for this grant on 5/23/00. RECOMMENDATION: Staff recommends that the Board of County Commissioners accept the Bulletproof Vests grant award and authorize the County Administrator to sign the electronic grant award documents and approve Budget Resolution # 00-168 to appropriate and expend the funds. COMMISSION ACTION: ENCE: [x] APPROVED [] DENIED [ ] OTHER: County Attorney: XX ~/ Coord i nation/S iq natu res I Management & Budget: XX ~urChaSing: Public Works: ~JOther: Originating Dept: Finance: (Check for Copy only, if applicable) XX G:\BUDG En WPIAG ENDA'SlAgendaOO\ 7'25 v em_Grant. wpd ~ """" RESOLUTION NO. 00-168 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget, certain funds not anticipated at the time of adoption of the budget have become available from the US Department of Justice in the amount of $3,648.11 in form of a grant for the Bulletproof Vests Partnership Program. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of the St. Lucie County Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Board of County Commissioners, Florida, in meeting assembled this July 25th, 2000 pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-2000, and the County's budget is hereby amended as follows: REVENUES 107117-2110-331210-200 Dept. of Justice $3,649 APPROPRIATIONS 107117-2110-591900-200 Transfer to Sheriff $3,649 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Paula A. Lewis Commissioner Cliff Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 25TH DAY OF JULY, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Review BVP Application for Funding Approval '-' '..I Review BVP Application for Funding Approval ST LUCIE COUNTY 00001826 Jurisdiction: Application Id: Jurisdiction Contact: Application Status: Last Submission Date: BVP Approval Date: Total Proposed Amount: Estimated BVP Portion of Total Cost: Total Approved Amount for 2000: Maria Gorniewicz (561)462-1733 gorniewm@stlucieco.gov Approved by BVP OS/23/00 07/10/00 16454.70 8227.35 3648.11 GRANT AWARD ACCEPTED BY: DOUGLAS ANDERSON COUNTY ADMINISTRATOR DATE: https://vests.ojp.gov/vests/roles/apps/jurchkapp.jsp Page 1 of 1 7/18/00 '-' .., :r 1'1/~-'\{:~~'::;~',: ' ';'.'..-.. ; ~ '-·1....- j I J !::~~ LUC~2 I 7 . :Y rLìJ,c;i_'-\ US Department of JU$tice Offiœ of JU$tice Pro grams Bureau of JU$tice Assistance Maria Gorniewicz ST LUCIE COUNTY 2300 Virginia Ave FORT PIERCE FL 34982 Date: July 13, 2000 Subject: Bulletproof Vest Program - Approved Year 2000 Application Notification Jurisdiction Name ST LUCIE COUNTY Jurisdiction Approved Federal Funding Amount $ 3,648.11 Congratulations. This email serves as official notice that the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice, has approved a Year 2000 application under the Bulletproof Vest Partnership Act of 1998 (BVP) for ST LUCIE COUNTY, in the amount of $3,648.11. National Institute of Justice (NIJ) approved vests ordered on or after March 1, 1999 are eligible for funding. Once purchased vests have been delivered to law enforcement agencies, an online receiving report must be completed. The jurisdiction, through its Internet-based, online handbook, electronically requests payment from BJA to cover up to 50% of the cost of the vests received, in accordance with the approved funding level. Jurisdictions are responsible for ensuring that purchased vests are in compliance with applicable program standards, that the invoiced prices do not include unrelated law enforcement equipment, and that total program payments do not exceed 50% of the cost of vests purchased under this program. Jurisdictions with approved 2000 applications may request payments beginning August 1,2000. This will allow sufficient time for BJA to update its records and ensure the electronic payment process is operating properly. Jurisdictions with approved 1999 applications may continue to submit payment requests as needed. '-' -..I When BJA approves and processes the jurisdiction's request for funding, funds are electronically transferred from the U.S. Treasury to the jurisdiction's bank account, as identified during the online registration process. A minimum of 25 business days may be required to process each payment request. Jurisdictions are responsible for facilitating prompt payment to vest vendors and ensuring that electronic banking and routing numbers are correct and accurate in their online BVP profile. Only law enforcement officers may receive vests through this program. According to the Act, "law enforcement officer" means any officer, agent, or employee of a State, unit of local government, or an Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders. Eligible officers may be full-time, part-time, paid or volunteer. Jurisdictions with approved applications must request federal payments no later than September 30th of the fourth federal fiscal year following the end of the federal fiscal year in which their application was approved. In other words, the jurisdiction has four years beyond the year of their application to receive vests and request payments. Jurisdictions may not use both BVP and Local Law Enforcement Block Grant (LLEBG) funds to purchase vests during the fiscal year in which the LLEBG funds were awarded. Payments and transactions may be subject to audits by the U.S. General Accounting Office, U.S. Department of Justice's Office of the Inspector General and Office of Justice Programs, state or local government auditors, or auditors from independent public accounting firms. Jurisdictions must follow their local procurement policies and procedures in the purchasing of vests under this program, including the maintenance of reliable and accurate accounting systems, record keeping, and systems of internal control. Recipients of federal funds are expected to retain documentation supporting all program transactions for at least three years following the approved application's final payment request. If any litigation, claim, negotiation, audit, or other action involving records has been started before the expiration of the three year period, the records must be retained until completion of the action and resolution of all related issues, or until the end of the regular three year period, whichever is later. If you require additional information, please address your concerns to the Bulletproof Vest Program, Bureau of Justice Assistance, 4th floor, 810 7th Street, N.W., Washington, D.C., 20531 or call the BVP technical support staff at 1-877-75VESTS (1-877-758-3787). Thank you. '" "" '-.I AGENDA REQUEST ITEM NO. ~ DATE: July 25,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Assignment of Contract Between S1. Lucie County and Dawn G. Kirk, P.A. and Stuart A. Webb, Esquire to: S1. Lucie County and Dawn G. Kirk, P.A. For Legal Representation of Indigents for Dependency Cases BACKGROUND: See attached memorandum FUNDS AVAILABLE: RECOMMENDATION: Staff recommends that the Board approve the Assignment to the April 21, 1998 Agreement and authorize the Chainnan to sign same upon obtaining all necessary signatures. COMMISSION ACTION: ~] APPROVED [] DENIED [ ] OTHER: County Attorney: ~. Review and Approvals Management & Budget: Purchasing: Originating Dept. Sheriff: Other: Finance: '-' ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine MackenZie-Smith, Assistant County Attorney c.A. NO: 00-1051 DATE: July 14,2000 SUBJECT: Assignment of Contract Between St. Lucie County and Dawn G. Kirk, P.A. and Stuart A. Webb, Esquire to: St. Lucie County and Dawn G. Kirk, P.A. For Legal Representation of Indigents for Dependency Cases BACKGROUND On April 21 , 1998, S1. Lucie County entered into an Agreement with Dawn G. Kirk, Esquire and Stuart A. Webb, Esquire, For Legal Representation ofIndigents For Dependency Cases. Stuart Webb, Esquire, is retiring and leaving the State of Florida. He has agreed to assign his rights under the Contract to Dawn G. Kirk, Esquire. Dawn G. Kirk, Esquire, has agreed to provide services as counsel under the same tenns and conditions as set forth in the Contract and Addendums previously entered into by the parties. Staffhas not received any complaints concerning this Contract. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Assignment to the April 21, 1998 Agreement and authorize the Chairman to sign same upon obtaining all necessary signatures. Respectfully submitted, '1 /~ Katherine Mackenzie-Smith Assistant County Attorney KMS/mt Attachment '-' ...,,¡ ASSIGNMENT OF PROFESSIONAL SERVICES CONTRACT BY AND BETWEEN ST. LUCIE COUNTY AND STUART A. WEBB, P.A. AND DAWN G. KIRK, P.A. THIS ASSIGNMENT OF AGREEMENTS is entered into this day of ,2000, between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County"); STUART A. WEBB, ESQUIRE ("Assignor") and DAWN G. KIRK, P.A. ("Assignee") WIT N E SSE T H: WHEREAS, on April 21, 1998, the County and Stuart A. Webb, Esquire and Dawn G. Kirk, P.A. entered into a Professional Services Contract whereby they agreed to provide legal representation of indigent parents in S1. Lucie County Dependency Cases - Trial Level (hereinafter referred to as "the Contract"). WHEREAS, Dawn G. Kirk, P.A. will continue to provide services as counsel under the same tenns and conditions as set forth in the Contract and Addendums previously entered into by the parties and the County has agreed to approve the assignment. NOW THEREFORE, in consideration of the mutual covenants contained herein, the County, the Assignor and the Assignee hereby covenant and agree as follows: 1. Assi~nment of A~reements. Assignor hereby assigns to Assignee all of his rights, duties, liabilities and obligations as specifically set forth in the Contract and Addendums, copies of which are attached hereto as Exhibit "A" and incorporated herein by this reference. 2. Assumption of A~reements. Assignee hereby agrees to assume, perfonn and discharge all duties, liabilities and obligations of as set forth in the Contract and Addendums. 3. Approval of the Assi~nment. The County hereby approves the assignment of the Contract from Assignor to Assignee. 4. Effective Date. This Assignment shall be effective as of the date set forth above. IN WITNESS WHEREOF, the County, Assignor and Assignee have each caused this Assignment to be executed by their authorized representatives as of the date and year first above written. '-' Approved as to Form and Content by the County Attorney By: Assistant County Attorney Clerk of Circuit Court By: Deputy Clerk St. Lucie County Board of Commissioners By: Chairman '-' AA-I/!//$ Stuart A. Webb, Esquire Assignor Dawn G. Kirk, P.A. By: ;: '-' "wII INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-1032 DATE: July 18,2000 SUBJECT: Resolution No. 00-165 - Approving the ReapportionmentPlan for St. Lucie Metropolitan Planning Organization BACKGROUND: Attached to this memorandum is a copy of proposed Resolution No. 00-165 which endorses the approval of the Reapportionment Plan for the St. Lucie Metropolitan Planning Organization ("MPO"). As approved by the MPO on July 6, 2000, the Reapportionment Plan provides for one additional member from the Board of County Commissioners and one additional member ITom the Port St. Lucie City Council. Pursuant to Section 339.175, Florida Statutes, the affected units of general purpose local govemmentmust also review and act on the plan in order for it to be submitted to the Governor for approval. CONCLUSIONIRECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 00-165 approving the ReapportionmentPlan for the St. Lucie Metropolitan Planning Organization. Respectfully submitted, ~~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Community Development Director MPO Supervisor Deputy Clerk ;: '-" ""'" RESOLUTION NO. 00-165 A RESOLUTION APPROVING THE PROPOSED REAPPORTIONMENT PLAN FOR THE ST. LUCIE METROPOLITAN PLANNING ORGANIZATION WHEREAS, on June 1, 2000, the S1. Lucie Metropolitan Planning Organization (the "MPO") held a public hearing to consider proposed amendments to the MPO's Bylaws, including membership, and directed the MPO staff to prepare a Reapportionment Plan for the MPO pursuant to Section 339.175, Florida Statutes. WHEREAS, on July 6, 2000, the MPO approved the proposed Reapportionment Plan, a copy of which is attached hereto and incorporated herein as Exhibit "A", by a vote of7-3. WHEREAS, the proposed Reapportionment Plan would add an additional member from both the Board of County Commissioners and the Port St. Lucie City Council; and, WHEREAS, the Board of County Commissioners is elected at large and represents the entire population of S1. Lucie County, including both the Cities of Fort Pierce and Port S1. Lucie; and, WHEREAS, the City of Port St. Lucie represents approximately forty-five percent (45%) of the population of S1. Lucie County; and, WHEREAS, the proposed Reapportionment Plan provides for membership on an equitable geographic-population ratio basis in accordance with Section 339.175(I)(a), Florida Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: 1. In accordance with Section 339.175(3), Florida Statutes, this Board hereby approves the proposed Reapportionment Plan for the St. Lucie Metropolitan Planning Organization. 2. Governor. The MPO Supervisor is hereby directed to submit a copy of this resolution to the 3. This Resolution shall be effective upon adoption. 1 ;: ~ ...., After motion and second, the vote on this resolution was as follows: Commissioner Paula A. Lewis Commissioner Cliff Barnes Commissioner Doug Coward xx XX XX XX XX Chainnan John D. Bruhn Vice-Chainnan Frannie Hutchinson PASSED AND DULY ADOPTED this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY g:\atty\resoltn\2000\OO-165.wpd 2 -~ ; '-" ..." ST. LUCIE METROPOLITAN PLANNING ORGANIZATION REAPPORTIONMENT PLAN (JULY 2000) The contents of the St. Lucie Metropolitan Planning Organization (MPO's) reapportionment plan is based on the Florida Department of Transportation's MPO Administrative Manual, Topic No. 525-010-025, Section 2.5, Membership Apportionment Plan, June 19, 1997. The reapportionment plan contains a description of the proposed MPO membership and the methodology used to detennine the proposed apportionment; a map of the metropolitan planning area boundary which identifies all eligible entities for MPO membership (Attachment A); resolutions of support ITom each of the local governments and the transit agency. DESCRIPTION OF PROPOSED MEMBERSHIP The proposed reapportionment plan includes the addition of two voting members to the existing membership of ten for a total of twelve voting members. The proposed additional two members represent the St. Lucie County Board of County Commissioners and the City of Port St. Lucie. A comparison of St. Lucie MPO's current and proposed voting membership is provided below in Table 1. The membership comparison includes infonnation on the name of each local government and agency within the MPO area and the number of representative's for each. TABLE I "Existing" "Proposed" Jurisdiction/Agency 1 Number of Number of Representing Representatives Representatives Board of St. Lucie County 4 5 All Citizens of St. Lucie (SLC) Commissioners . County City of Port St. Lucie 3 4 Citizens of Port St. Lucie City ofFt. Pierce 2 2 Citizens of Ft. Pierce St. Lucie Village 0 0 SLC Commission also represents St. Lucie Village Community Transit! Council on 1 1 Public Transit users of St. Aging Lucie County Total Voting Membership 10 12 Florida Department of These positions represent the 2 2 State of Florida, but are non- Transportation voting positions on the MPO NOTES: I The St Lucie MPO membership mcludes two non-votmg representatives of the Flonda Department of TrnnsportatlOn. The St LucIe County Port & Airport are represented by the membership of the Board of County Commissioners. The 5t Lucie County Expressway & Bridge Authority is represented on the MPO by the membership oftive members of the Board of County Commissioner.¡ and one representative each from the City of Ft Pierce and the City of Port 51. Lucie. EXHIBIT "A" '-' ""'" St. Lucie MPO Reapportionment Plan July 2000 Page 2 METHODOLOGY USED TO DETERMINE PROPOSED MEMBERSHIP The methodology used to detennine the proposed membership apportionment is based on the following analysis. The April 1, 1999, population of St. Lucie County is estimated at 186,905 (Source: University of Florida, Bureau of Economic & Business Research). The estimated population of the St. Lucie Metropolitan Planning Area, which does not include the rural areas in the western part of the County is approximately 184,000. A summary of the Metropolitan Planning Area population by political jurisdiction and the proposed membership is found in Table II below. TABLE n %or Metropolitan .' Jurisdiction/ Agency Service Planning Area Number or Proposed Representing Population population MPO Representatives Represented Board of County 184,0001 100 % 5 All Citizens of St. Lucie Commissioners County City of Port St. Lucie 83,254 45% 4 Citizens of Port St. Lucie City of Ft. Pierce 39,401 21 % 2 Citizens of Ft. Pierce St. Lucie Village 610 ,,03% 0 Citizens of St. Lucie Village Community Transit! variable & Public Transit users of included nJa 1 Council on Aging above St. Lucie County Positions represent the Florida Department of nJa nJa 2 State of Florida, but are Transportation non-voting positions on theMPO Notes: I. This figure represents only the estimated population in the MPO Metropolitan Planning Area. The remaining 3,000 +/- persons of the overall County population would be assumed to be outside of the MPO Metropolitan Planning Area. ,.. \ .... '-" 'WII St. Lucie MPO Reapportionment Plan July 2000 Page 3 Table III compares the proportionate representation on the MPO of the current plan to the proposed plan. TABLE III Board T of Port St. Fort SL 0 County Lucie Pierce Viii Transit T Comm. age A L current plan 4 40"10 3 30% 2 20% 0 0% 1 10% 10 proposed plan 5 41.67% 4 33.33% 2 16.67% 0 0% 1 8.34% 12 \MPO.REAPPORT.PLAN.2000 '-" ,.""" Okeechobee County ..-.. .................. -..--... ..... -..-.. .... ..-.. .................-...-.............-................................ .....-................................................. 3;: D) !3: ~ () o c: ~ -< :-------..: · . · . · . · . · . I .._ · · · · ------, 5" 0. ti)" ~ :0 <" ~ () o c: ~ -< wfj õ 0 '" co '" Iif G) ::J SQ .fr s() 0- 0 a ;rl !: õ1 ~ r ¡,. ~ i .f! " c: ~Iir~~c 3 CJ () ! "1 i - 2. c ¡¡;- ~ ã)" ::J 5' ::J o (1 I!. 2.< õ" ::J CJ ..! I ~ § ~ .:0" 0 5" 0 () 0 o E l CD < ~ -a (Q 0 ~ih:::g'~ ~ c: 0- 0 ;;> ~ " if ~ " 0 ¡;) (1) $!? -< , J I ~~ c CD I» 0 ::J : Ih ~- a. a. 0- u ~ 0 g, (i) c ¡¡; (I) ::J }z--- a. ::J I» -< , .... '-' AGENDA REQUEST ITEM'NO. C-8B DATE: July 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Resolution No. 00-165 - Approving the Reapportionment Plan for St. Lucie Metropolitan Planning Organization BACKGROUND: See attached memorandum CA 00-1032 FUNDS AVAILABLE: N/A RECOMMENDA nON: Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 00-165 approving the Reapportionment Plan for the St. Lucie Metropolitan Planning Organization. [xl APPROVED [] DENIED [ ] OTHER: E: COMMISSION ACTION: \ \ County AttomeY:~' Review and Approvals Management & Budget: Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable): _ .. '-' AGENDA REOUEST ITE.~NO. C-8C DATE: July 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Request for Proposals to Enter into Dock Lease for North Dock on South Causeway Island - Permission to Advertise BACKGROUND: See attached memorandum CA 00-1080 FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize staff to advertise the proposed Request for Proposals for lease of the North Dock on South Causeway Island. [xl APPROVED [] DENIED [ ] OTHER: E: COMMISSION ACTION: County Attorney: JY. Review and Approvals Management & Budget: Purchasing: Other: Other: Originating Dept. Finance: (Check for Copy only, if applicable): _ ...... '-" ..." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-1080 DATE: July 18,2000 SUBJECT: Request for Proposals to Enter into Dock Lease for North Dock on South Causeway Island - Permission to Advertise BACKGROUND: Attached to this memorandum is a copy of a proposed Request for Proposals ("RFP") for lease of the North Dock on South Causeway Island. The RFP provides that the successful proposer will be responsible for all costs associated with any improvements to the site. Such improvements will be subject to the prior written approval of the Board of County Commissioners. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize staff to advertise the proposed Request for Proposals for lease of the North Dock on South Causeway Island. Respectfully submitted, ~bLY Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Leisure Services Director Purchasing Manager Special Facilities Manager Deputy Clerk ~ ......, REVISED REQUEST FOR PROPOSALS TO ENTER INTO DOCK LEASE AGREEMENT FOR THE NORTH DOCK ON SOUTH CAUSEWAY ISLAND ST. LUCIE COUNTY RFP NO. OO-XX Board of County Commissioners St. Lucie County, Florida Administration Annex Building 2300 Virginia Avenue Fort Pierce, Florida 34982 ~ 'wi BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REQUEST FOR PROPOSALS Sealed proposals will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, Florida 34982, until 5:00 P.M. local time on Wednesday, , 2000, for the following: RFP NO. OO-XX TO ENTER INTO DOCK LEASE AGREEMENT TO OPERATE AT NORTH DOCK WITHIN ST. LUCIE COUNTY Specifications can be obtained from the Office of the Purchasing Manager at 2300 Virginia Avenue, Fort Pierce, Florida 34982, Telephone: (561) 462-1700. Proposals may be either mailed or hand delivered to the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, Florida 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 proposals in whole or in part with or without cause, and accept the proposal which best serves the County. St. Lucie County is an Equal Opportunity/Affirmative Action Employer. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHARLES BICHT, PURCHASING MANAGER PUBLISH: XX BILL & PROOF: BOARD OF COUNTY COMMISSIONERS 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA 34982 '-' -...I Table of Contents Part I General Information 1-1 Definitions 1-2 Purpose 1-3 Issuing Office 1-4 Invitation to Propose 1-5 Awards 1-6 Development Costs 1-7 Inquiries 1-8 Site Visitations 1-9 Timetables 1-10 Delays 1-11 Proposal Submission and Withdrawal 1-12 Rejection of Irregular Proposals 1-13 Addenda 1-14 Equal Opportunity 1-15 Oral Presentation 1-16 Insurance 1-17 Lobbyist Disclosure 1-18 Public Entity Crimes Part II Statement of Work 2-1 Scope of Work Part II Instructions for Preparing Proposals 3-1 Rules for Proposals 3-2 Proposal Format Part IV Evaluation of Proposals 4-1 Evaluation Method and Criteria Other Proposer's Qualification Form Proposal Form '-' "wi GENERAL INFORMATION PART I 1-1 DEFINITIONS For the purposes of this Request for Proposals, proposer shall mean contractors, consultants, respondents, organizations, firms, or other persons submitting a response to this Request for Proposals. 1-2 PURPOSE This Request for Proposals (RFP) provides guidelines for the submission of proposals. 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING St. Lucie County Purchasing Department 2300 Virginia Avenue Fort Pierce, Florida 34982 1-4 INVITATION TO PROPOSE The Board of County Commissioners, St. Lucie County, Florida (the "County") solicits proposals from responsible Proposers to enter into a Dock Lease Agreement at the North Dock on South Causeway Island. 1-5 CONTRACT AWARDS The County anticipates entering into a Dock Lease Agreement or Lease with the proposer or proposers who submit the proposal or proposals judged by the county to be most advantageous. Such Lease shall commence after November 7, 2000. The proposer understands that this RFP does not constitute an agreement or a lease with the proposer. An official lease or agreement is not binding until proposals are reviewed and accepted by the County and executed by all parties. The County reserves the right to reject all proposals, to waive any informalities, and to solicit and readvertise for other proposals. 1-6 DEVELOPMENT COSTS Neither the county nor their representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their '-' 'wi proposals simply and economically, providing a straightforward and concise description of the proposer's ability to meet the requirements of the RFP. 1-7 INQUIRIES The county will not respond to oral inquiries. Proposers may submit written inquiries for interpretations to this RFP to Charles Bicht] Purchasing Manager, 2300 Virginia Avenue, Fort Pierce, Florida 34982. The County will respond to written inquiries received at least fIVe (5) days prior to the date scheduled for receiving the proposals. The County will record their responses to inquiries and any supplemental instructions in the form of written addenda. If issued, the County will mail written addenda at least five (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 proposer who received the RFP. 1-8 SITE VISITATION Any Proposer desiring to visit the site should contact the leisure Services Department and schedule site visitations with the Patti Raffensberger, Special Facilities Manager. These visitations should be done in sufficient time to allow Proposer to meet the Proposal submission deadline. 1-9 TIMETABLES The County, and Proposers shall adhere to the following schedule in all actions concerning this RFP: A. On , the County issued the RFP. B. From to answer inquiries received by mail. . the County will receive and C. The County must receive the proposals by 5:00 P.M. on D. From opening time, the County will review and evaluate the proposals on a timely basis. E. The County may enter into a contract after conducting negotiations and obtaining appropriate approvals. The County will notify unsuccessful proposers at this time. 1-10 DELAYS The County may delay scheduled due dates if it is to the advantage of the County to '-' 'WI do so. The County will notify proposers of all changes in scheduled due dates by written addenda. 1-11 PROPOSAL SUBMISSION AND WITHDRAWAL The County will receive proposals at the following address: St. Lucie County Purchasing Department 2300 Virginia Avenue Fort Pierce, Florida 34982 To facilitate processing, please mark the outside of the envelope as follows: "Dock Lease Agreement". The envelope shall also include the proposer's return address. Proposers shall submit seven (7) 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 5:00 P.M. ON Due to the irregularity of mail service, the County cautions proposers to assure actual delivery of proposals to the Purchasing Department prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (561) 462-1700 before proposal opening time. Proposals received after the established deadline will be returned unopened to the proposer. Proposers may withdraw their proposals by notifying the County in writing at any time prior to the opening. Proposers may withdraw their proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identity 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. 1-12 REJECTION OF IRREGULAR PROPOSALS Proposals not meeting stated minimum terms and qualifications may be rejected by the County as non-responsive or irregular. The County reserves the right to waive any irregularities, technicalities or informalities in any proposal, and to reject any or all proposals without cause. The County reserves the right to reject the Proposal of any Proposer in arrears or in default upon any debt or contract to the County or who have failed to perform faithfully any previous contract with the County or with other governmental agencies. 1-13 ADDENDA If revisions become necessary, the County will provide written addenda to all proposers ~ -...II who receive the RFP at least five (5) days prior to the opening date. This will be adhered to even if the opening day must be postponed in order to observe the time requirements. 1-1 4 EQUAL 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. 1-15 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. 1-16 INSURANCE The proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County. 1-17 LOBBYIST DISCLOSURE REQUIREMENTS Pursuant to Section 1-2-47 of the code of Ordinances of St. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section 1-2-46 is required to make full disclosure with the Clerk of the County prior or concurrently with the submission of a proposal to the County for the performance of any services for the County. 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 County. B. The name and address of the lobbyist. C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. The disclosure shall be filed with the clerk on forms provided by the County and such records shall be open to the public. 1-1 8 PUBLIC ENTITY CRIMES '-' '...,¡/ Pursuant to Section 287.133(3)(a), Florida Statutes, proposer shall submit a sworn statement on public entity crimes. '-' ...." STATEMENT OF WORK PART II 2-1 SCOPE OF WORK A. General And/Or The Board of County Commissioners of St. Lucie County, Florida (the "County") is seeking competitive proposals for the lease of the North Dock on South Causeway Island. The construction of any improvements shall be contingent on the County's prior written approval of the site plan. B. Facilities If adequate facilities are not already in place, the successful Proposer will construct and maintain approved improvements to accommodate patrons. Proposals should include a detailed description of the anticipated location and design of the area as well as a cost analysis and a schedule of completion. The successful Proposer shall be responsible for all costs associated with any required modification to the existing site plan. The Proposer shall be responsible for obtaining all necessary state and local building permit approvals, including but not limited to, permits issued by St. Lucie County, the City of Fort Pierce, St. Lucie County Health Department, South Florida Water Management District and the Department of Environmental Protection. All costs associated with these permits shall be the responsibility of the Proposer. If the Proposer obtains the services of a licensed contractor, then it shall be the responsibility of the Proposer to provide a copy of the contract with their proposal. The County reserves the right to modify or reject a service agreement in the event that terms are unfavorable to the County. '-' ...,; INSTRUCTIONS FOR PREPARING PROPOSALS Part III 3-1 RULES FOR PROPOSALS 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 and make a positive commitment to timely perform the 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. The letters should not exceed two pages in length. B. Organization Profile and Qualifications - This section of the proposal must describe the proposer, including the size, range of activities, etc. 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 proposal must also include rent and pertinent references, including contact name, telephone number, and address. C. Scope of Work - This section of the proposal should explain the Scope of Work to be provided by the Proposer. 1 . Description of the proposed use 2. A rationale for the approach taken 3. The methods and materials used 4. The proposed rent 5. A project completion schedule, if applicable D. Proposal Form - All Proposers must submit the Proposal Qualification Form included in this packet. Proposer must indicate desired terms of the lease which the Proposer will offer to the County. E. Qualifications Form - Proposer must present evidence that they are fully competent and have the necessary staff, facilities and financial resources to fulfill the conditions of the contract documents, and must submit as a part of the Proposal, the information required in the Proposer's qualification Form that is attached. Staff members with the '-' ..., appropriate expertise should be notified particularly in occupation or partnership presentations. F. Additional Data - Any additional information which the proposer considers pertinent for consideration should be included in a separate section of the proposal. ....,. ...,; EVALUATION OF PROPOSALS Part IV 4-1 EVALUATION METHOD AND CRITERIA A. General - The county shall be the sole judge of their own best interests, the proposal, and the resulting negotiated agreement. 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. Financial benefits accruing to the County, including proposed rent; 2. quality of life benefits accruing to the County 3. verification of availability of equipment; 4. verification of availability of qualified personnel; 5. past performance records; 6. ability to meet set standards; 7. qualifications of the firm; 8. expertise of human resources; 9. experience and understanding of the watercraft rental business; 10. technical soundness of proposal; 11 . time frames and delivery dates; 12. past contracts with the County; 13. related experience in St. Lucie county; 14. references; and, 15. financial resources and capabilities. B. Selection - Following the opening of proposals, the proposals will be reviewed by a staff committee as may be appointed by the County Administrator and/or the Board of County Commissioners. The recommendations of the Committee will be submitted for approval to the Board of County Commissioners. C. Negotiations - After the Board selects a firm, County staff shall attempt to negotiate a contract with the firm for a concession on such terms which staff determines is fair, competitive, and reasonable. After staff concludes negotiations with the firm selected by the Board staff shall present the results of the negotiations to the Board with its recommendation. If the Board determines that the Staff is unable to negotiate a satisfactory contract with the firm or firms considered to be the most qualified on such terms as the Board determines to be fair, competitive, and reasonable, negotiations with that firm or firms shall be formally terminated. Should the county be unable to negotiate a satisfactory contract with the selected firms, the Board may select additional firms in order of their competence and qualification and continue negotiations until an agreement is reached. However, as stated in paragraph 1-5 above, the County reserves the right to reject all proposals, to waive any irregularities and solicit and readvertise for other proposals. '-' -.",.I PROPOSER'S QUALIFICATION FORM FOR DOCK LEASE AGREEMENT ST. LUCIE COUNTY Proposers must present evidence that they are fully competent and have the necessary experience and resources to fulfill the conditions of the Dock Lease Agreement. Therefore, Proposers must provide the Board of County Commissioners of St. Lucie County, Florida, referred to as the "County" with, at the least, the information stipulated in this questionnaire. In addition, certain minimum experience requirements are considered desirable in order for a Proposal to be considered. Failure to submit this Qualification Form with all questions completely answered will be grounds for disqualification of the Proposer. The Proposer is: Corporation Individual Partnership Principal Office Address Official Representative The Proposer submitting this Proposal warrants the following: The Proposer, which for the purpose of the experience factors in this qualification Form, shall mean the individual, or if a partnership, the partnership itself, or if a corporation, the corporation itself. 1 . 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. 2. Each proposer must certify, and proof shall be provided, that the proposer can carry out all the conditions of the Lease Agreement. '-' ...", QUESTIONNAIRE If a Corporation, answer this: When incorporated In what State If foreign, date of registration with Florida Secretary of State, and name and address of Registered Agent Submit a copy of the corporate charter from the Secretary of State, a statement of names and addresses of all directors and officers or owners and percentage of ownership of each¡ and evidence of compliance with the Florida Fictitious Name Statute, if Proposer is operating under fictitious name. NOTE: This requirement is waived for Proposers listed on the New York and/or American Stock Exchanges with stock eligible for open trading as of the date set for opening of Proposals. Certification by a corporate officer of eligibility for this waiver must be submitted as well as a copy of the latest annual report. If a Partnership, answer this: Date of organization General or limited partnership Name and address of each partnership: Name Address All Proposers answer the following: 1. Number of years experience the Proposer making the Proposal has had in the operation of similar businesses. 2. Give the names and locations of places at which Proposer has operated similar ~ ..",,; businesses, together with dates of operation: (a) (b) (c) (d) (e) Type of operation Name location Dates 3. State approximately the largest gross receipts Proposer has realized from the operation of the mentioned facilities at anyone place in one year: $ location: 4. List below the names and addresses of Proposer's landlords for the operations listed in Item 2 above: (a) (b) (c) (d) (e) Operation landlord Address 5. Have any similar leases or agreements held by Proposer for the operation of comparable concessions ever been canceled? Yes No If yes, give details on a separate sheet. '-' \wi 6. List any St. Lucie County agency with which the Proposer has had a contract or agreement during the past three years. 7. Bank References: Bank Address 8. Type of service to be offered: 9. Description of vessel: Name: Year !Make: Length: Registry: 10. Proposed lease term: 1 1 . Proposed rent: The Proposer understands that information contained in this Qualification Form is to be relied upon by the County in awarding the specified Proposal, and such information is warranted by the Proposer to be true. The undersigned Proposer agrees to furnish such additional information, prior to the acceptance of any Proposal relating to the qualifications to the Proposer as may be required by the County. ..., ....., Proposer understands that the county has the right to verify the information submitted and to seek any additional information relating to the Proposer's qualifications. The discovery of any misstatement, which, in the sole opinion of the County, materially affects the Proposer's qualifications to perform under the Lease Agreement, shall cause the County to reject the Proposal, or if discovered after the award, to cancel the Lease Agreement. Dated at: this _ day of , 2000. If Individual: WITNESSES: Type Name If Corporation of Partnership: WITNESSES: Type Name of Firm ( Seal) By Type Name STATE OF FLORIDA COUNTY OF of being duly sworn deposes and says that he is and that the answers to ~ ...." the foregoing questions and all statements therein contained are true and correct. Sworn to before me this day of , 2000. Notary Public State of Florida My Commission Expires: Personally Known 1.0. Produced: '-' .."" PROPOSAL FORM FOR DOCK LEASE AGREEMENT ST. LUCIE COUNTY , 2000 TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY Proposer hereby offers to enter into a Dock Lease Agreement with the Board of County Commissioners of St. Lucie County, Florida, referred to as the "County", for the operation of facilities covered in the Request for Proposals. The Agreement is understood to include Advertisement for Proposals, Instructions to Proposers; this Proposal Form; Qualification Form; together with Exhibits and Addenda, if any, attached thereto. In furtherance of this offer agrees as follows: Proposer shall pay to the County percentage (_ %) per month of the gross receipts or $ per month, whichever is greater. The $ per month payment will be considered a minimum guarantee. The minimum payment, when multiplied times twelve months, indicates $ to the County per year. Such monthly payment shall be made on the 20th day of every month, without billing, for the period of the preceding calendar month. In addition to the above, the Proposer offers the following additional consideration: Accompanying this Proposal Form is a Cashier's, Certified, Treasurer's Check or a Bank Draft of any State or National Bank, in the amount of two months' guaranteed payment, payable to the Board of County Commissioners of St. Lucie County, Florida. The Guarantee Deposit shall be retained by the County as Liquidated Damages in the event the undersigned is the successful Proposer and fails to comply with the terms of the Lease Agreement. Attached to the Proposal, if appropriate, shall be any drawings, sketches, and other documents and materials for review by the Recreation Director to judge the value of any proposed improvements which may be contemplated by the Proposer at his own expense for the development of the Facility. These materials shall be provided in addition to the other information requested in the "Request for Proposals". It is expressly understood by the Proposer that evaluations in awarding an Agreement '-" ....., are based on objective and subjective criteria, furnished by Proposer in compliance with Section 4- 1 of this document. It is understood by the Proposer that St. Lucie County reserves the right to waive any formalities and reject any and all Proposals. PROPOSER: (If individual or Partnership) WITNESSES: Name By ( Seal) PROPOSER: (If Corporation) Name By President Attest Secretary (Corporate Seal) 'r' AGENDA REOUEST ...,¡ ITEM NO. C-8.D DATE: July 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Ordinance No. 00-08 (Animal Licensing) - Permission to Advertise for Public Hearing BACKGROUND: See attached memorandum CA 00-1090 FUNDS AVAILABLE: N/ A RECOMMENDA nON: Staff requests permission to advertise proposed Ordinance No. 00-08 for public hearing on August 15,2000 at 7:00 p.m. bd APPROVED [] DENIED [ ] OTHER: NCE: COMMISSION ACTION: County Attorney: :Y Review and Approvals Management & Budget: Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable): _ ( '-' ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-1090 DATE: July 19,2000 SUBJECT: Ordinance No. 00-08 (Animal Licensing) - Permission to Advertise for Public Hearing BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 00-08. If adopted, the ordinance would amend Chapter 1-4, "Animals and Fowl", of the Code of Ordinances and Compiled Laws to establish a requirement for annual licensing of dogs and cats. Staff is requesting permission to advertise for an August 15,2000 public hearing on the proposed ordinance. CONCLUSIONIRECOMMENDA TION: Staff requests permission to advertise proposed Ordinance No. 00-08 for public hearing on August 15,2000 at 7:00 p.m. ,...., ReSP,ectfjl1P2 S~91n. )."'. ;ì '.. Í-/~Ii1r/ft7 f~ Heather Young "-- \ - Assistant County Attorney , ,/' Attachment HY/ Copies to: County Administrator Finance Director Management and Budget Manager Deputy Clerk '-' 'wi ORDINANCE NO. 2000-08 AN ORDINANCE AMENDING CHAPTER 1-4 "ANIMALS AND FOWL" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CREATING ARTICLE III, "ANIMAL LICENSING" TO REQUIRE ANNUAL LICENSING OF DOGS AND CATS; CREATING SECTION 1-4-29 (LICENSING REQUIRED; EFFECT ON DOGS OR CATS IN EXISTENCE ON THE EFFECTIVE DATE OF THE ORDINANCE); CREATING SECTION 1-4-30 (ISSUANCE OF ANIMAL LlCENSEIIDENTIFICATION TAGS); CREATING SECTION 1-4-31 (ENFORCEMENT AND PENALTIES); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY AND APPLICABILITY; PROVIDING FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTING DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. WHEREAS, Section 125.01, Florida Statutes, authorized the Board of County Commissioners to establish programs providing for the health, safety, and general welfare of the residents of St. Lucie County; and, WHEREAS, Chapter 1-4 (Animals and Fowl) of the St. Lucie County Code of Ordinances and Compiled Laws (the "Animal Control Ordinance") provides for the regulation and control of animals in the unincorporated areas of St. Lucie County; and, WHEREAS, on X XX, 2000, at a duly advertised public hearing, the Board determined that it is necessary and in the public interest to amend the Animal Control Ordinance to establish an annuallicensinglidentification tag program for dogs and cats as an appropriate means of providing funding for the County's Animal Control Division in order to effectively enforce the provisions of Chapter 1-4. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-4 (ANIMALS AND FOWL) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, TO CREATE ARTICLE III, (LICENSING). Stmek through words are deleted. Underlined words are added. 1 'W' ...., Article 1-4 (Licensing) of Chapter 1-4 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby created to read as follows: ARTICLE III. LICENSING Section 1-4-29. Licensing required: effect on dogs or cats in existence on the effective date of the ordinance. Except as otherwise provided herein. it shall be unlawful for any person to own. keep. harbor. maintain. or have custody of anv dog or cat four (4) months or older. unless such dog or cat has been currently licensed in accordance with the provisions of this ordinance. Any dog or cat four (4) months or older on the effective date of this ordinance and which has a current valid rabies vaccination as of the effective date shall be licensed in accordance with the provisions of this ordinance on or before one (1) year from the date of such rabies vaccination. Section 1-4-30. Issuance of animallicenselidentification tags. @} All owners or custodians of dogs and cats in the unincorporated areas of St. Lucie County shall obtain a St. Lucie County license/identification tag for each dOQ and cat over the age of four (4) months that they own. keep. harbor, maintain. or have in custody as follows: ill Within thirty (30) days of acquiring the dog or cat: or m Within thirty (30) days after the owner or custodian takes residence in the unincorporated areas of St. Lucie Countv: whichever occurs later. fQ.l Except as provided herein. license/identification tags shall be securely fastened about the animal's neck by a collar or other device so as to be clearly visible at all times. Dogs and cats not so licensed/identified may be considered stray and in violation of Section 1-4-22. and may be impounded as provided therein. In the alternative. a dog or cat may be tattooed on the inside right thigh with a license/identification number. Such tattoo shall be at the owner's sole expense. If tattooed. each number is to be clearly legible and be clearly visible. Such number is to be provided bv the owner on all official St. Lucie County license/identification tag certificates. Veterinarians shall issue a vaccination certificate and if applicable. a sterilization certificate. to each owner or custodian for each animal so vaccinated or sterilized. This certificate(s) must accompany all applications for a St. Lucie County license/identification tag. In the event. the animal is vaccinated by someone other than a veterinarian. the owner shall provide a copy of the Struck through words are deleted. Underlined words are added. 2 '-' ""'" sales receipt for purchase of the vaccine and an affidavit indicating the date and type of vaccination administered to the animal in lieu a vaccination certificate. f.çl The license/identification tag shall be valid for (1) year from the date of issuance or date of the rabies vaccination, whichever is earlier. @ Animal owners or custodians shall purchase a license/identification tag directly from any participating veterinarians' office displaying the St .Lucie County Animal Control Division Seal: the Humane Society of St. Lucie County, Inc.. 100 Savannah Road, Fort Pierce, FL 34982, or any office of the St. Lucie County Tax Collector. Such request shall include proof of current vaccination affidavit as set forth above in Section 1-4-30(b) and a sterilization certificate duplicate copy, if applicable. The cost of annual license/identification tag shall be established by resolution of the Board: .em No licenselidentification tag shall be transferable from one animal to another nor from one owner to another. Upon transfer of a previously licensed animal to a new owner or custodian. the owner or custodian shall have a period of thirty (30) days within which to comply with the requirements of this ordinance. ill. The County shall pay participating veterinarians, the Humane Society of St. Lucie County. Inc. and the Tax Collector the sum of one and 00/100 dollars ($1.00) for every license\identification tag sold by the veterinarian or agency. í9l The licensing provisions of this article shall not apply to: ill Any owner or custodian who is an nonresident or temporary resident. as defined herein, provided that the owner's animal has been vaccinated for rabies, which vaccination remains valid under the laws of St. Lucie County forthe duration of the anticipated stay within the unincorporated areas of the County. A "temporary resident" as used herein shall be defined to mean a person who intends to reside in the unincorporated areas of the County for a total period of less than six months during any twelve month period. All other requirements including restraint obligations shall apply: or, m The ownership, care custody or maintenance, in the ordinary course of business. of any animal by a research or veterinary medical facility, government operated or authorized animal shelter, humane society facility, boarding facility, or commercial pet shop, provided that said shelter. facility or shop is operating in accordance with all applicable occupational licensing and zoning ordinances. Struck through words are deleted. Underlined words are added. 3 '-" ..., f.bl Proceeds accruing to the County from the sale of animal license/identification taqs shall be turned over to the clerk of circuit court to be placed in a fund desiqnated as the "Animal Act Fund". The proceeds shall be used to pay animal control expenses. Section 1-4-31 Enforcement and penalties. This article shall be enforced in accordance with the enforcement and penalty provisions set forth in Section 1-4-26. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect October 1, 2000. PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or Struek through words are deleted. Underlined words are added. 4 , "-" AGENDA REQUEST ...." ITEM NO. C-9-A DATE: July 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Award of bid #00-054 SHIP Housing Repair Program - Hoskins House BACKGROUND: On June 14, 2000 bids were opened for the repair of the Hoskins house through the SHIP Housing Repair Program. One hundred eighty six vendors were notified, eleven sets of bid documents were distributed and one bid was received. Jacobson Construction is the only bidder in the amount of $19,580.00. FUNDS AVAIL.: 185001-5420-549600-500 SHIP Program Housing Grant Budget $25,000 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recom m ends award of bid #00-054 SH I P Housing Repair Program to Jacobson Construction in the amount of $19,580.00 and authorize the chairman to sign'the contract as prepared by the County Attorney. COMMISSION ACTION: E: [x] APPROVED [] DENIED [ ] OTHER: y/ County Attomey(X) I /~ Purchasing Mgr.:(X) ,/::7 . ,. , Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eff. 1/97 G:\COMMON\AGENDAS\BIDS\2000-054 award.wpd '-' ~ C'"'\ n:1 - ::~ \oJ ....' __ ...... J ;~ '~--'~ O· ," n f",¡ t ", to '1.J COMMUNITY SERVI:CES v ¡ _ ".._" __ '__ .. ~_ - MEMORANDUM # 00-69 "1-'''.1 , FROM: \ Charlie Bicht, Purchasing Director Judy Mattera, Housing C~Ordinato!Jl?l /J 71 Beth Ryder, Community Services Director ~ ., TO: VIA: SUBJECT: Bid Acceptance DATE: July 3, 2000 This is a request to accept the bid from Thomas A . Jacobson of Jacobson Construction Company to do the repairs that have been approved for funding through the St Lucie County SHIP program. Please present this bid to the Board of County Commissioners for acceptance as soon as possible. As always thank you for your assistance. , I- W >w I-J: ZUJ :::JZ 00 0- WI- -« o..J :::J:::J ..Jm .« 1-1- UJc - m \.of ....., ,---, , .. ",:.~: '1 7Y""" :,,\"""T\¡"DD< ::':S':'; .'\~Jl7 £. 1 ..:J £ L . ·§;S 1 ! I 1 \ 1 .'! t"¡ f"'¡ì' :~.:,,' ...; ~j",~ .i. C LLH.: J Z 0 - ~ 0 ~ 0:: ~ U) Z ~ 0- =1:1: o~ 0:: ZO:: 0 OW 0 C U)- 0 0 0 0 0 me.. . 0 0 Z 0 0 0 . . 0 O~ . aØ 0 0 0 0 W 10 N 0 0 . > 00:: ..... N ... 0 co 0 <cO 10 0 'III:t ... ... 0 ~!:!:. CD ~ ~ ~ ~ en ø ø ~ ~ ø ø C) Z - C - U) oØ . . . . ~ 0:: ~ - 0 . . LL 0 0 ...J LL C C) <C 0 0:: . . W 0 U) . . ...J - 3: 0 ...J ~ 0:: ... <C <C - <C . . ~ 0 0:: LL - ~ 0 0 0 0 C W C W U) Z ~ - 0 ...J <C - >< m 0:: w LL 3: w c w en :J o ::J: en z 2 en Ot-:i ;ffic.. :æ:æo <Ct-c::! ~£t:N C) <C Q\ oa..~ ~wo a..cg £t::en N - W .. <Cooq- a..-~ w>w £t:£t:z 11\ W :J ,-,en., z oq-->z 1t)~!:::O C?ozc o...:Jw o....:æ ~a..-=z C--=w _::J:Oc.. mcnoO ~D::(I) ¡o;:) oc.... ~ffi¡5 :E>(I) .~ ~ .' ~ 7\;';\ lL~:) " ì ¡ ~ ~ ~ z Z Z :::::: :::::: :::::: CD or- or- co or- or- . . .. c w u: ¡::: o Z UJ W - Z c( c.. :E o (,) LL o ~ w m :E ::) z .. ole C W I- ::) m æ I- UJ ë ~ Z w :E ::) o o c c ã5 LL o ~ w m :E ::) Z .. .. C W ~== Wo 00 w. ~~ tJ)~ ecn mc LLZ 0« a:== WW mC :E~ ::)w z~ . BID FORM '-' ...., All bids must be submitted in a sealed envelope addressed to the St. Lucie County Purchasing Director, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. BID #OO-054-SHIP Housing Repair Program - Hoskin~~:t(~~1\ 0~<7 . . \0:::!7 \::::::Y U u COMMUNITY SERVICES DEPARTMENT I, '1hoM ""'5> A ,11\-Go 656l.-REPRESENl1NG 1" ~~o (0 Œ..,.,,1- C1. Company and/or Corporation, agree to perform all of the requirements to complete the work required in the specifications for the price of: 4. Window Bid $ ~SlS- Où $ ( () 2 ~- ø ~ o ) $---1 <-.( r 2.,00. o"\) ~ 0 00 ð;:) l; « 00 q~o 1. Roof Bid $ 2. Electrical Bid 3. Fascia, Soffit & Siding Bid 5. Exterior Door Bid $ 6. Drywall Repair Bid $ Bid Obligation It is understood that this Bidder is bound by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening. The Board o{County Commissioners and reserves the i"ight to waive any informalities or minor irregularities, rejec~ any and all bids which are incomplete, conditional, obscure, or which contain additions not allowed for, accept or reject any bid in whole or in part with or without cause, and accept the bid which best serves the Còunty. NAM'E OF BIDDER] ~o ~1 4 ~ -A...J ~Soé..:) fc r-- n r:¡{ ~~9 ~ 2.. ADDRESS: (t "" 0 '-.,,...., GrS W DOC) LtJ. r- ( , v,-4Pe æl PHONE: SIGNED B TITLE: tkufl\.JÁ!. ~ DATE: h - /Z-ðb G:\cOMMON\BIDSI2000BlclsRFPsIOO-054.wpd_rev. 11/98 -25- '-' ...., JACOBSON CONSTRUCTION 1100 KlNGSWOOD LANE ......;f..I:...~~gç.~.?...;f.1...}4?..ª~.......<?..~.l)...4.~~~?.?..?.ª.......................................................................................... June 14, 2000 Dear Sir or Madam. The following are references as per requested BID # 00-054: 1. City ofFt Pierce C/O Mr. Bill Knight City Hall (561) 460-2200 Ext. 224 2. Neighborhood Housing C/O Mike Morris 1201 Orange Avenue Ft. Pierce, FL 34950 Cordially, ~4~¿:ç~ Thomas A Jacobson Jo Jo Jo .0 ·lo 10 GD?y '$T. LUCIE COUNn BOARD OF COUNTY COMMISSIONERS BIDDER'S CHECK LIST BIDS MAY NOT BE CONSIDERED if the following documents and/or attachments are not completely filled out and submitted with your bid. Before sending in your bid, please make sure you have completed all of the following: o Enclose two (2) sets of the Bid form (one marked original and one copy), including all handwritten sections, plus two (2) sets of any descriptive literature, brochures and/or supporting data. Please make and retain a separate C9PY of this bid package for your records. Bid Form, must be complete and have a manual signature (original signature) preferably signed in blue ink. Every page that has anything hand-written on it, must be imprinted with the company's name on the top right-hand comer of the page. o Return bid in an envelope with the bid number and name of bid printed on the front of the envelope. If Fed-Ex or UPS-please keep bid in a separate sealed envelope when placing it in their packaging. Acknowledge in the bid any and all addendums issued and manually sign each addendum sheet and subm it it with your bid. Provide three (3) references, preferably Governmental. Include name, address and phone number for similar work done in past year. Erasures or other descriptive literature, brochures and/or data must be initialed by the. person signing the bid. If you desire a copy of the bid tabulation, include a self-addressed, stamped envelope for bid tabulation to be mailed back to you. PLEASE INITIAL AND RETURN WITH BID FORM , '-"" AGENDA REQUEST "wII ITEM NO. C-9-B DATE: July 25, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING SUBJECT: RFP #00-033 - Roadway & Intersection Design CHARLES BICHT BACKGROUND: On Apri/12, 2000 proposals were received for roadway & intersection design. Two hundred fifty one vendors were notified, thirty seven sets of RFP documents were distributed and fifteen proposals were received. The selection committee short listed five firms: 1. Kim ley-Horn & Associates 2. Inwood Consulting Engineers 3. American Consulting Engineers 4. Post, Buckley, Schuh & Jernigan 5. LBF&H FUNDS AVAIL.: N/A PREVIOUS ACTION: July 11 ,2000 Pulled for additional information re-agenda for July 25,2000 RECOMMENDATION: Staff recommends approval of the short list, permission to negotiate with all five firms and authorize the chairman to sign the contracts as prepared by the County Attorney. COMMISSION ACTION: [xJ APPROVED [] DENIED [ ] OTHER: Hutchinson requests post performance eval of major project firms. Staff will corne back with program for board approval. County Attorney:'( jr/ Coordination/Siqnatures Mgt. & Budget: P"""."" ModI /C Other: Originating Dept: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 G:\COMMON\AGENDAS\BIDS\~GENDA.FRM 1 . '-" AGENDA REQUEST ....,¡ ITEM NO. C-6-F DATE: July 11,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING SUBJECT: RFP #00-033 - Roadway & Intersection Design CHARLES BICHT BACKGROUND: On April 12, 2000 proposals were received for roadway & intersection design. Two hundred fifty one vendors were notified, thirty seven sets of RFP documents were distributed and fifteen proposals were received. The selection committee short listed five firms: 1. Kimley-Horn & Associates 2. Inwood Consulting Engineers 3. American Consulting Engineers 4. Post, Buckley, Schuh & Jernigan 5. LBF&H ji:ìo Œ ® rn n w ~ r:: ¡ D J r--·'·"·· ······1' n ¡ Il~V n. -6 am ¡Uj, L...._-J . r:' ;~ ! (:~ J ¡\, ~ ~: !: ~ ' '\ . 0 L t.:.,; '·'""","'~·;A ~ ,_, rt.. ~ ',:; ~ --""--~.._.""", FUNDS AVAIL.: N/A PREVIOUS ACTION: June 27,2000 Pulled for additional information re-agenda for July 11,2000. RECOMMENDATION: Staff recommends approval of the short list, permission to negotiate with all five firms and authorize the chairman to sign the contracts as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [] DENIED [ ] OTHER: Doug Anderson County Administrator County Attomey:(X) (ì )4' Coordination/Siqnatures Mgt. & Budget Purchasing Mgr.:(X) Other: ci3 Originating Dept Other: Finance: (Check for Copy only, if Applicable)_XX_ Eft. 1/97 G:\COMMON\AGENDAS\BIDS\2000-033 2 award.wpd ~µ~/~ ~ AGENDA REQUEST ...., ITEM NO. C-5-C DATE: June 27,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING SUBJECT: RFP #00-033 - Roadway & Intersection Design CHARLES BICHT BACKGROUND: On April 12, 2000 proposals were received for roadway & intersection design. Two hundred fifty one vendors were notified, thirty seven sets of RFP documents were distributed and fifteen proposals were received. The selection committee short listed five firms: 1. Kimley-Horn & Associates 2. Inwood Consulting Engineers 3. American Consulting Engineers 4. Post, Buckley, Schuh & Jernigan 5. LBF&H FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the short list, permission to negotiate with all five firms and authorize the chairman to sign the contracts as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [] DENIED [ ] OTHER: Doug Anderson County Administrator County Attomey:(X) Originating Dept: 1\ . 'yJ(' Coordination/Siqnatures Mgt. & Budget: Purchasing Mgr.:(X) $ Other: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eff. 1/97 G:\COMMON\AGENDAS\BIDS\2000-033 award.wpd ~ 00 == ~ z o ~ 00 >~~ ~~~ ~~~ OOz Uuo ~ ~ ~..< Þ-I~~ UZ~ ~~= ~O~ · U ~ ~~~ o â -< o == 00 r¡¡'¡ u .!> =:.: . r¡¡'¡ ~ 00 . ""~ ~~! r¡¡'¡ r¡¡'¡ ¡;;:¡\ r¡¡'¡r¡¡'¡~ ~~g ",,= zz~ r¡¡'¡~~ ~oo ~<~~ a zo~ ~ ~~< QOOu= :;t:r¡¡'¡þiooIr¡¡'¡ t~~~ ~~~o '-" 'wi t ~ ~ ~ ~ ~ ~ o ~ ~ i e fiJ ~ ~ = - ~ z j -t3 - g~ ~ oõ e:=: = \,)~~- ~@ ~~ 63' ~ :s=~i5 r-l j ~ t= \,) = ô ~.~ ~ ~ =: == T~ to _ ~ p ~ ~ .~ ~ z ~ ~ 00. Z p. ~i = ~ IiIõl ~ =: ~ ~ ~ 0 ~r¡¡'¡S'~,,:s~~~~g=~:s ~ 8"~~~6::~úe,=t;i- ~ z~~tJz .~<o"r¡¡'¡tS-tJ .~ ~~§~~~~~~~~~g~ ~ ~~i~~~ <~~:S~~~- < ~~i~¡¡~~~~~~:~; : S~~UtlO1~o!>§~¡à~u;:; ~ ~~~~~~¡§~~~~j;~ ~ ~ = ----- - ~ _________= ~ N ~ ~ I() t:"'""~N~~I()\CI:"'_OCØ\~~~~~ ~ - ;I~I IiIõl """" U :s t t= o ~ - "' ~ -< -< z Z Z ::::: :::: ::::: ... r-- :Q !"I ~ ,;. = ;Ii E- ~ == ... " " Q ¡.. ;Ii ~ ;: Q ... I'IJ E- E- " o Z Q Z ;Ii ;Ii I'IJ ~ :: e:¡ ~ ;Ii Z U ~ :t ,~ 0 " 8 ~ Q I'IJ == o t t ~ u " " rn iii. iii. iii. = o 0 0 ~ " " " .... ;Ii ;Ii ;Ii ~ == == == = ~ ~ ~ =: ~ ~ ~ ~ Z Z Z ~ '-' ...",J DIVISION OF ENGINEERING MEMORANDUM 00-127 From: Charles Bicht - Purchasing Manager Michael Powley, P.E. - Capital Projects Engineer 1'f\~P To: Date: June 2, 2000 Subject: CSC Results - Roadway & Intersection Design RFP No. 00-33 -.-.-.-.-.-.-.-.-.-.-.-.-.-.---.-.-.-.-.-.-..-..-.-.-..---.-.-.-.-.-.-.-..-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.---.-.-.-.-.-.-.-.-.-.-.-.-.-..---..---.-..-.-.-..-..-.-.'".-....-.-..-.-..-.-..-.-..-.-..-.-..-.-..-.-.-.-.- :-:-~:.=..:-=-:-=-:.::-:.=.:.=-:.=-:-=-:.=-:-=.:-=..:.=.:-::-:.:::.=..:-=-:-~:-=-:-=.:-=-:~:-=-:-=-:-=-:-=-:-=-:.=.:-=-:-:-:-:-:-:-:-:-:-=--:-:-:-:=-:-:-:-:-:-:-:-:-:-:-:-=-:-:-:-=-:-=-:-~:.=-:.=-:-=-:-=-:-=.:.=-:.=-:-=-:-=-:-=-:-=-:-=-:.=-:-=-:.=.:.=.:-=.:.=-:.=-:.=-:.=-:.=~:-: ------.-----_._------~--_._-_._-------_._---------------_._-_._._._._---_..-----_._-_._._..---~-_._---------------_._-.---.----------------------------------------------------------.-.--..-------------------------.---..---------------------------.--.---.-------------------.--- .-.-_-_-_-.-_-.-_-.._..-_-.-_-_-_._-_-.-_-.-_-_-_-.-_-_-_..._..._-.-_-_-_-_-_-_._-_-_-.-_..._-_-_-.-_._-_._-_._-~.._-.-_._-_-_-_-P-_-.-_-_·_·.-_-p-_·_-_-.·_·.-_·p-_._-_...-_.pP_-.·_·_·_·_·_·p·_-_·_-.-_-_-_-.-_-P-_-p-_-.....r_-_._-_._-_-_._-.._._._._-_..._-.-_.p-_-.._-_-_-_-_-_-_ As directed, the Competitive Selection Committee for the referenced RFP met and evaluated the submittals of the fifteen respondents. The ranking of the top five firms is as follows: 1. Kimley-Horn & Associates 2. Inwood Consulting Engineers 3. American Consulting Engineers 4. Post, Buckley, Schuh & Jernigan 5. LBF&H The committee recommends award of the contract to the these firms as they will be sufficient to provide the consultant services required by the County to complete the full-range of projects that may be undertaken, on an as-needed basis. Attachments: Individual grading sheets of committee Copy (w/o attachments): Doug Anderson': County Administrator Robert Bradshaw - Assistant County Administrator Ray Wazny, P.E. - Public Works Director Don West, P.E. - County Engineer Jim Lancaster, Esq. - Assistant County Attorney Scott Herring, P.E. - Assistant Road & Bridge Manager Rebecca Padrick - MSBU Coordinator Scott Isbemer, E.!. - Engineer lntem (;; a -, a '- S ...- I (":-1 tv v =::= "~".- N .......,---.. .. : ~ C, --. -< 1.0 !'J ~ .... ::tI 1>1 1>1 :. :;¡ ;1<:' 3 CD 131 =r C') !II =r ( => :;¡ 3 ~ =r5" 1>1 CD C. 131 -c C') ¡¡¡ -::r 5° å c CD ( co g ~ ~ :E ~ ~ ãi 131 ~ª a 3 o CD C :3. ~~ g iiJ ~ ~ C :3 c.CO o tT :;¡ CD o ~ ; m 2! :3 CD 0 9"0 o 1>1 ~ð. ~p1 (C 0 CD -:- g, ~ :ri ~< .... (II "C - CD :E ::1.0 ;:;: .... -::r 3 0 131 tT :;¡ (II C') - !Dc5 ~ i CD III c.:;¡ ¡¡¡'c. :;¡ C1I III C" g CD ;cä o -::r ~<O iii';T ; C') o 3 3 CD :;¡ c. 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(;' =11= CD m N tn Z C) ër C) (i) C) "'" Ž , ::0 . So: C) m !20 Co) 0 'þ. ~ ~ ~ :Þ 0 Co) II) m ~ '9-.J ~ ~ ~ f-.J 1--> 0 So: c. ::0 ~ en :Þ i ž -.;., \Xl \..A - 0 :I: V1 V) - VI ~ 0 (i) ~ v'ì V'\ ~ VI V't p Z '< RO C 5' < - ëñ CD m UJ Õ z CD Z ~ 9v kJ C\) tJ¡ ~So: ~ ~ LÑ '~ ~ zm ~ \)J - m-l õ· ()'. ~ - \.}J ~ - - m::O ~ if\ ~ t-Il> ..n :;0- ::s _0 V1 z C G) CD en ~. ::s .. tA 9-J R.> ~ \$. C~ ~ "tI m Iv\,) v-J.- - (J) -..J ~ V1 . . \)J vJ . \.,.-J V1 Vl !20 V) (Î\ <... Vl ?-J (f) .~ ~ ~ ~ ~ l!ì -I ~E ~ . W \)J \JI 0 W V1 - uJ W W Iv\,.) Z p!~ . m - '-1 tI1 :;0 CC/) V\ !20- .. ~...,-,,-;-;:"'~":"'~-<.' .&-<\. '-' .."", AGENDA REQUEST ITEM NO. C -10 DATE: July pS, 2000 REGULAR [ ] PUBLIC HEARING CONSENT (x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Robert Bradshaw SUBMITTED BY(DEPT) Central Services SUBJECT: Paragon Termite & Pest Management BACKGROUND: The County entered into a Contract in June 1997 with Paragon Termite & Pest Management. The contract was extended in August 1999 (one year). We are now requesting extending this contract through and until June 30, 2001. PREVIOUS ACTION: Contract C97-06-527 Contract Extensions 8/99 FUND AVAIL.: 534000 Contractural Services in various depts. RECOMMENDATION: Staff requests that the Board approve the contract extension through and including June 30, 2001 and authorize the Chairman to sign the First extension. [X ] [ ] APPROVED OTHER: DENIED derson Administrator COMMISSION ACTION: County Atty: ()~ Purchasing: () Review and Approval ~ Managemen t & Budge t : () '-""TYJ /YJI¡ Origin. Dept: () Other: () Eff. 6/3/96 - ¡¡. ~. ~ MEMORANDUM CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Robert Bradshaw, Asst. County Admin./Interim Director, Central Services DATE: July 10, 2000 SUBJECT: AGENDA REQUEST Paragon Termite & Pest Management BACKGROUND: The County entered into a contract in June 1997 with Paragon Termite & Pest Services for pest management in County buildings. A contract extension was approved August 10, 1998. We are now requesting extending this contract through and including June 30,2001. RECOMMENDATION: Staff recommends that the Board approve the Contract Extension with Paragon Termite & Pest Services. through and including June 30,2001 and authorize the Chairman to sign the Extension. rIZ-t /L ROBERT BRADSHAW RB:bk art. - . .. ~ ....., SECOND CONTRACT EXTENSION THIS CONTRACT EXTENSION, made this day', of 2000, ,between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and 'PAR PEST CONTROL, INC. D/B/A PARAGON TERMITE &: PEST MANAGEMENT or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": . . WITNESSETH: WHEREAS, on June 24, 1997, the parties entered into a Contract wherein the Contractor agreed to provide pest control services for County facilities for an initial term of two years with the option to ~xt~~d ~he term for two additional terms of one year each; and WHEREAS, the parties previously agreed to exercise the first of two options and have now agreed to exercise the second. NOW, THEREFORE, in consideration of the mutual promises contained herein, the June 24, Contract is hereby extended until and through June 24, 2001. Except as extended herein, the remaining terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CLERK By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: WI~~ ø COUNTY ATTORNEY PAR PEST CONTROL, mc. D/B/A/ PARAGON ::~~II/ V~ prin~ Name: /" ¿.¡/ ~0f)1Ar Title: ßäkl- C:\JWL\AGREE\PARAGON-EXT-OO.WPD '-' ST. LUCIE COUNTY 'WI MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA July 25, 2000 1. MINUTES Approve the minutes of the meeting held July 11, 2000. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 42 and No. 43 2. MANAGEMENT AND BUDGET Budget Resolution No. 00-04 - Consider staff recommendation to adopt the budget resolution to appropriate and expend funds from the Indian River Lagoon License Plate Program Grant awarded by the South Florida Water Management District in the amount of $38,753.27. 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. 07/21/00 FZABVARR svuC!~ cöUNrl - AóMlli 'owl tTARRMtr LiST #43- 1~-JtlL--2Ô()(j TÖ 21"'-Jtlír-ìööö ptfNb štft.fi.fMtf"'- MOSQUito W~S~~ FUND TItLE 145 Mosquito Fund 125.Ö14j51 125.014.51 GRAND TotAL: PAð~ 1 PA~6LL i6.SM.l~ 26.569.15 07/14/00 FzAB~AAA ~ tticíg cöOOY - MAtW ....., 1fARRANr LtSf 142- oa-~~böö to 14-Jtlt-žôÖÖ FUNb StJ'MMAttf"" MOSát1t'ì'o tiÞmfšM FtJND TITŒ 145 Mosquito Fund 21.423.68 21.423.68 GRAND TOTAL ~ PA(Æ 1 PAfltðLL 0.00 0.00 " ~ ~ AGENDA REQUEST ITEM NO. C-2 DATE: July 25,2000 REGULAR [] PUBLIC HEARING [ ] CONSENT [X ] TO: St. Lucie County Mosquito Control District Board SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Approval of Budget Resolution 00-04 appropriating funds from the Indian River Lagoon License Plate Program Grant awarded by the South Florida Water Management District. BACKGROUND: On 6/30/00 Mosquito District received a notification that its application for the IRL License Plate Grant was approved in the amount of $38,753.27. FUNDS Will BE AVAilABLE: 145814-6230-337310-695036 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Mosquito Control District Board adopt Budget Resolution 00-04 to appropriate and expend the funds from the IRL License Plate Grant. Dc] APPROVED [] DENIED [ ] OTHER: D 9 Anderson ounty Administrator COMMISSION ACTION: Originating Dept: XX(copv) Public Works: Finance: (Check for Copy only, if applicable) XX ~ County Attorney: XX Y G:\BUDG ETI WP\AG ENDA'S\AgendaOO\ 7'251RLPlate _Grant. "pd , -- '-' ~ RESOLUTION NO. 00-04 t 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 Indian River Lagoon License Plate Grant awarded by the South Florida Water Management District in the amount of $38,753.27. HEREAS, Section 129.06 (d), Florida Statutes, requires the Board of the St. Lucie County Mosquito Control District Board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Mosquito Control District Board of St. Lucie County, Florida, in meeting assembled this 25th day of July, 2000, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-2000, and the Authority's budget is hereby amended as follows: REVENUES 145814-6230-337310-695036 South FI Water Managemet $38,754 APPROPRIATIONS 145814-6230-546400-695036 145814-6230-546000-695036 145814-6230-564000-695036 Impoundment Maintenance Equipment Maintenance Machinery & Equipment $17,943 $13,060 $7,751 After motion and second the vote on this resolution was as follows: Commissioner Cliff Barnes Commissioner Frannie Hutchinson Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 25th DAY OF JULY, 2000. A TIEST: MOSQUITO CONTROL DISTRICT BOARD ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY A TIORNEY G:\BUDG Ell W PIAG ENDA'SlAgendaOO\ T25IRLPlate _ Grant.wpd SOUTH FWRID~ATER MANAGEMENT DISI~T 3301 Gun Oub Road, West Palm Beach. Rorida 33406 . (561) 68ó-88OO . Fl. WATS'¡-800-432-2Q.>:.J . roD (5(,1) 1i9ï-257~ Mailing Address: P.O. Box 24680, West Palm Beach, Fl. 33416-4680 . www.sfwmd.gov ADM 28-06 RECEIVED June 2 1,2000 _' 130 IJUN 2 6 2000 James R. David St Lucie County Mosquito Control District 3 I 50 Will Fee Road Ft Pierce, FL 34982 L....- ~. I , ' . ¡ : '.=y J MOSQUITO CONTROL Subject: Contract No. C-11299 Mosquito Impoundment Enhancement Dear Mr. David: Enclosed are two (2) copies of the subject contract. Please have them signed and dated by an individual with signature authority on behalf of your organization. Return both copies to my attention. A fully signed contract will be returned to you upon execution by the District. Kindly return the executed documents within ten (10) business days of receipt. Please include documentation to demonstrate official delegation of signature authority on behalf of your fInn up to the contract monetary limits. Note that this contract is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, please contact me at (561) 682-6396. Sincerely, '~ß~ Linda Greer Assoc. Contract Specialist Procurement Division IDLK Enclosure c: wi attachment Beth Kacvinsky, 2 147 QJVERNING BOARD ~ ~ \ J- . ~~~/ EXECUTIVE OFFICE i i I \ t t Michael Collins, C"airman Michael D. Minton, Vice ChaIrman Mitchell W. f>¿rger Vera M. Carter Gerardo B. Ferna.ndez Patrick J. Gleason Nicolas J. Gutierrez. Jr. Harkley R. Thornton Trudi K. Williams Frank R. Finch, P,E., Executlt'" Director James E. Blount, Clllej:¡ ~'rf! . . . '-' -...J AGE:'-íDA REO FEST ITE:Yt ;\0. C- 2 DATE: July 11, 2000 REGULAR ( ] PUBLIC HEARING CONSENT [ X ] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITIED BY(DEPT): Mosquito Control James R. David SUBJECT: Indian River Lagoon License Plate Program Fiscal Year 2000-2001 - Grant Acceptance BACKGROUND: Board approval to apply for a Lagoon License Plate FY'OO grant was granted on February 22. 2000. The District was successful in obtaining funds from the License Plate grant, totaling $38,753.27. for improved mosquito impoundment management targeting improved water quality at Inlet State Park and Pepper Park Addition, and public education/access/awareness at Vitolo Family Park. Staff proposed the use of U.S. Fish and Wildlife Service (USFWS) grant funds in the amount of $70,100.00, targeted for an Observation Tower at Vitolo Family Park, and local in-kind funds, totaling $2,419.00, to provide funding match for the License Plate project. Improvements planned for the License Plate project funding only, include: Task I) increasing capacity of two pump stations from 7.000 gpm to 14.000 gpm; Task 2) upgrade of three pumps; and ; Task 4) purchase and installation of a Web Cam system (EQOO- 229) for ADA accessibility to the Observation Tower. Because of requirements by FWS to only install the observation tower after CARL has completed purchase of Bear Point - Phase II, the Web Cam is proposed to be installed temporarily at Impoundment [4B (at HBO!), until the acquisition is completed. The total project cOSt is $11 [,272.27. FUNDS A V AIL (or is proposed to be made available).: 145104-6230-331391-695036 Revenue US Dept of Interior - Fish & Wildlife Service _ Middle Cove Park/Riverside DEP; 145-6230-546000-695036 Equip. Maint; 145-6230-563000-695036 Imp OfT Bldg: 145814- 6230-337310-695036 Revenue South FL Water Management - Phys Env - Middle Cove Park/Riverside PREVIOUS ACTION: Board Approval of Application for FY'OO Indian River Lagoon License Plate Grant on February 22, 2000 RECOMMENDATION: Staff recommends thaI. the Board authorize acceptance of an Indian River Lagoon License Plate Fiscal Year 2000 Grant, in the amount of $38,753.27. and authorize the Chairman to execute South Florida Water Management District Contract No. C-11299, pending county attorney review and approval of the agreement. Staff also recommends Board approval of Equipment Request No. EQOO-229 for purchase and installation of a Web Cam system. Staff also recommends that the Board authorize Quality Industries, Inc., to perform three pump upgrades, in the amount of $13, 100.00, under existing Contract No. C93-02-282 (as amended), thereby waiving the bid process. Staff also requests Board authority to provide match for the project from its USFWS grant for Vitolo Family Park, in the amount of $70, 100.00. and to contribute a local in-kind share, totaling $2,419.00. bringing the total project cost to $111.272.27. COì\-fMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: Douglas Anderson County Administrator Review and Approvals vtounty Attorney: ~~ent & Budget £.,ðriginating Dept. ictLO Vüthæ. Finance: (Check for opy only. if applicableL Purchasing : Other: Eff. 5/96 , . , '-' ..., MEMORA~TIUM DATE: MOSQUITO CONTROL DISTRICT BOARD JAMES R. DA \lID. MOSQUITO CONTROL DIRECTOR r¡tJ June 28, 2000 TO: FROM: SUBJECT: Indian River Lagoon License Plaœ Program Fiscal Year 2000-2001 - Grant Acceptance BACKGROUND: Board approval to apply for a Lagoon License Plate FY'OO grant was granted on February 22, 2000. The District was successful in obtaining funds from the License Plate grant, totaling $38,753.27, for improved mosquito impoundment management targeting improved water quality at Inlet State Park and Pepper Park Addition, and public education/access/awareness at Vitolo Family Park. Staff proposed the use of U.S. Fish and Wildlife Service (USFWS) grant funds in the amount of $70,100.00, targeted for an Observation Tower at Vitolo Family Park, and local in-kind funds, totaling $2,419.00, to provide funding match for the License Plate project. Improvements planned for the License Plare project funding only, include: Task 1) increasing capacity of two pump stations from 7,000 gpm to 14,000 gpm; Task 2) upgrade of three pumps; and; Task 4) purchase and installation of a Web Cam system (EQOO-229) for ADA accessibility to the Observation Tower. Because ofrequirements by FWS to only instal! the observation tower after CARL has completed purchase of Bear Point - Phase II, the Web Cam is proposed to be installed temporarily at Impoundment l4B (at HBOl), until the acquisition is completed. The total project cost is $111,272.27. RECOMMENDATION: Staff recommends that the Board authorize acceptance of an Indian River Lagoon License Plate Fiscal Year 2000 Grant, in the amount of $38,753.27, and authorize the Chairman to execute South Florida Water Management District Contract No. C-11299, pending county attorney review and approval of the agreement. Staff also recommends Board approval of Equipment Request No. EQOO-229 for purchase and installation of a Web Cam system. Staff also recommends that the Board authorize Quality Industries, Inc., to perform three pump upgrades, in the amount of $13,100.00, under existing Contract No. C93-02-282 (as amended), thereby waiving the bid process. Staff also requests Board authority to provide match for the project from its USFWS grant for Vitolo Family Park, in the amount of $70,100.00, and to contribute a local in-kind share, totaling $2,419.00, bringing the total project cost to $111,272.27. c: CiJ ~ "- 0 :~ 1:: ....: U CiJ <0 Q. 0 CiJ <"J CIJ U ~ a c¡¡ ll') CiJ 2 ..q 0) 0 c: OJ <0 <: c¡¡ Q. .S 6 c¡¡ a E ~ "Q a "Q CiJ "I' c: :::¡ ~ <0 :::¡ CIJ "- ll') 0 ~- 0 6 Q. CIJ <"J .§ ~ CiJ C\J ~ <0 CJ) .2 ~ , 0 CiJ "I' a::: S: ':5 >- C/) 0- CIJ ·s a:J W ~ LlJ CIJ C/)- :è ll') z 0 <: 0 Q "I' 0 E CiJ >- 0 I :::; c3 0') CiJ E- CÌ1 c¡¡ CJ) 0') .S .S Q. CJ) 0') c¡¡ CIJ ~ E "Q U c¡¡ ~ c¡¡ 0 ~ ..q" ~ a::: "¿;j E c: ~ ~ ::... c:- 0 0 W CIJ <J U >- ~ .2 m c¡¡ a:: (¡j "Q W c¡¡ <J ~ >- ...J CI E "¿;j ï::: CC I- ~ UJ CiJ ~ U "Q :::E Z U CI Ü 0 c¡¡ 1:: ::J ::J CJ) z CI ..q ~ Õ3 ª z UJ "- 0 UJ ~ Ü 0 l- LL. :::E > Q ~ c¡¡ Z U a::: :::E 0 CiJ ~ ::J c¡¡ LL. 0 0 c:: "Q .~ è5 c: 0 0 u a. ~ E 0 U LL. 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UJ -, W '-' ....., FROM: Automated Services FAX NO. 561 462 L44:i- '-' 'wII saee of Sr Lucie County St Ll1cj~ Cour.ty Autorr:at¿>d Services 2300 Virginia ^vcnuc Ft Pierce, fL 34982, ¡ Send To I Board of County Commissioners I A TiN: Jim David 31 ÕO Will Fcc ROQd I Ft Pierce, Florida 34982 I P.O. NO. Work Order No. Gustomer ShIp Date jun. 29 2000 11:32AM P1 Quote Date Quote No. 2C00- 2/15/2000 253 .--...-.....--- St¡riä/ Nu. To Follow REi'" 2115'2000 1344ð Co~t í I I .J I I -:-ï 9CO.00 i i 130.00 I 250.00 I Total Qty Item 1 ! PClWrkstn I 1 ¡Madam 1 UPS 1 } Software 1 . ML'Ir: 1 M!sc 1 Software rbCàmproject I Deeçription I PC/AMD400,64M8,6QbHDD,NJC, I VGA,1S"Mon,Mouse,Keybd,COROM WrN95 Internal MOdem UPS APC 650 Y\1N NT Workstation 4.0 UC RIJI'(p. nrctec:tlon for Phone Line Camera wI Mount Camera Software OPTIONS: Depending on what you want, an ISDN Line is $300 for installäUOII ë!mJ $80 ä munlh fur ~t:!rviO;:!. A Phone Une is $100 for installation and $51 a month /' for ~QrviCQ. Monthly Maintenance for Camera is optional, the I cost win be $45.00. ¡ TOTAL PRICE MAY FLUCUATE ABOUT $1000 AS THE MAHK!::: I rLU<.;UAI ~!;;. 900.00 130.0Q 250.00 180.00 ìOO.OO 6,690.00 1,079.00 180.00 100.00 6,690.00 1,079.00 I I I ! , ¡ .. '1 I Total ! $9.329.00 .., --. - '-' ~IGINAL 2000-2001 SOUTH FLORIDA WATER MA1~AGEj\tŒNT DISTRICT Indian River Lagoon License Plate Funding Program Agreement -. Recipient's Name: St. Lucie County Mosquito Control District ForH~sc;ï~ Use Only ~ .:':'.':'\~~~:"'..:-~- . , -AppliCariònNo.JRI.:-OO #10 . .;' . ~ '.- .. . GovemingBoard Approval Date: Ma~"l1. 2000 Address: 3150 Will Fee Road Ft. Pierce, FL 34982 .. .....'Y" .~¥- ,;.....- . , .' -. . - . .DistriC:CFtÌnding A1J:¡oWlt: $38.753.27 - District's Project Manager: Beth Kacvinsky Address: 3301 Gun Club Road West Palm Beach, FL 33406 Telephone Number: 561-682-6632 Fax. Number: 561-681-6233 Insurance Attachment: Applicable X Not applicable Recipient's Project Manager: James R. David Address: 3150 Will Fee Road Fe. Pierce, FL 34982 Tele hone Number: (561) 462-1692 Fax No: (561) 462-1565 Project Title: Mosquito Impoundment Enhancement and Public Access/Awareness Agreement No. C- 11299, Page 1 of 7 -~.-.....- '-" ",. This Agreement is entered into between "the Parties", the South Rorida Water Management District, (the "District"), and the un~er~igned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no ~biJgat1On or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal. financial, and reporting requirements, as required herein. ARTICLE 1 - PROJECT 1.1 The Recipient shall. to the satisfaction of the District, fully and timely perform all work described in the "Project Summary," attached hereto as Exhibit "An, and made a part of chis Agreement. ARTICLE 2 - TERJ,\1 OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the date of execution and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified above. Such amount is a fixed amount and therefore, no additional consideration shall be authorized. 3.2 The Recipient assumes sole responsibility for all work performed pursuant to Exhibit "An. ARTICLE 4 - FUNDING PAYME.1\ITS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that the project has been completed in accordance with Exhibit "An of this agreement 4.2 The Recipient's invoice shall reference the District's Application Number and shall be sent to the Project manager at the following Address: South Florida Water Management District Attn: Beth Kacvinsky 3301 Gun Club Road West Palm Beach, FL 33406 The Recipient shall not submit an invoice to any other address at the District 4.3 The District shall inspect all work and review final reports before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required reports or met all of the administrative requirements. 4.4 However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. Agreement No. C- 11299, Page 2 of 7 '-' ~ ARTICLE 5 - PROJECT ìv1AL'lAGElYIENT 5.1 The Parties shall direct all matters ari~ing in connection with the performance of this Agreement, other than invoiœs and notices, to the attention of the Project Managers for attempted resolution or action. The Project ManaO'ers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. '" 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated below: All notices to the District under this Agreement shall be in writing and sent by certified mail to: South Florida Water Management District Attn: Beth Kacvinsky 3301 Gun Club Road West Palm Beach, a 33406 5.3 The Recipient shall also provide a copy of all notiœs 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 Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Application Number. ARTICLE 6 - TERMINATIONIREMEDIES 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 Party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the ten (10) day time period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient 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 AI1y such termination shall be effected by delivery to the Recipient 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. 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. 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 Recipient for such work until such time as the District determines the exact amount due to the Recipient 6.4 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. 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6.2, above. 6.6 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. Agreement No. C- 11299, Page 3 of 7 --. - '-' ..., ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: ~ ~aintenance of Records. . T?e Recipiênt shall main~n all financial and. non-financial records and ieports directly or mdirectly 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 (5) 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 (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Le!lal Disoutes. In the event that the District should become involved in a lecral dispute with a third party arising from performance under this Agreement, the Redpient shall extend the period "of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District ARTICLE 8 - STANDARDS OF CO.MPLIANCE 8.1 The Recipient, 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 District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient 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 Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement The Recipient shall take all measures necessary tò effectuate these assurances. Agreement No. C- 11299, Page 4 of 7 --. - ~ ...., ARTICLE 9 - YEAR 2000 COl\-1PLL\..l'iCE 9.1 In the event that the Recipient's performance. as required by this Agreement, involves the use and/or delivery of a software and/or hardware product of any kind, the following language shall apply: The Recipient represents and warran~ 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 durino- each such time period without error relating to date data. specifically including any error relating to, or the product of, date dara which represent or reference multiple centuries. 9.2 Without limiting the generality of the foregoing, the Recipient 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 represent or reference multiple centuries. (2) That the software, firmware and/or hardware has been designed to ensure Year 2000 Compatibility, including, but not limited to, dare data. century recognition, calculations which accommodate same century and multiple century formulas and date values, and date dara interface values that reflect the century. (3) That the software, firmware and/or hardware include Year 2000 capabilities. For the purposes of this Agreement, Year 2000 Capabilities means the software, firmware and/or hardware: (i) will manage and manipulate data. involving dates and leap year calculations, including single centWj' 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 (ü) provides that all date-related user interface functionalities and dara fields include the indication of century. 9.3 Included as part of this Year 2000 Compliance Warranty, the Recipient shall provide to the District, at no additional charge, (i) fixes, corrections and updates to the software that are necessary to ensure Year 2000 Capabilities, as defined herein; (ü) advice, consultation and assistance to use the software and/or hardware and diagnose and correct Year 2000 Capability problems that may exist with the software and/or hardware; and (ill) if deemed necessary by the District, replacement hardware which is compliant with this Year 2000 Compliance Warranty. 9.4 In the event fixes, corrections and updates of the software are not technically feasible, and this Agreement involves the purchase and/or license and/or receipt of a software, firmware and/or hardware product of any kind., the Recipient shall accept the return of the software and/or hardware if this warranty is breached., and terminate any and all applicable Schedules. Further, the Recipient shall refund to the District the full amount of the License Fee actually paid to the Recipient for the software; and in the case of hardware return, the Recipient shall refund to the District the full amount of the hardware actually paid to the Recipient by the District In addition to the foregoing, the Recipient 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 limita.tion whatsoever, as may be determined by a court of competent jurisdiction (including damages or equitable relief). 9.5 The term Year 2000 Compliance Warranty shall mean, collectively, the warranties set forth herein. This Year 2000 Compliance Warnmty shall survive the expiration or termination of this Agreement Agreement No. C· 11293. Page 5 of7 --=.-~- ~ 'wII ARTICLE 10 - INDEMNIF1CATION Ai.'ID INSUR>\.NCE 10.1 The following indemnification cla.u.se_.,¡ha.ll only be applicable to Private Entities. For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, harmless from any and all claims or causes of action, includinO' without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such clairns~ resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in cõnnection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 10.2Thefollowing shall only apply if the work is being performed on Distriä property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carrier's authorized representative. ARTICLE 11 -l\tIJWBE COMPLIANCE Not Applicable ARTICLE 12 - RELATIONSHIP BETWEEN THE PARTIES 12.1 The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. 12.2 The Recipient 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. 12.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 13-GENERALPROVTIrrONS 13.1 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 speciíies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 13.2 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including the following attachments, all of which are attached to and made a part of this Agreement shall be interpreted as a whole to Agreement No. C- 11293, Page 6 of 7 -_. - ~ ...""" resolve any inconsistency. The Attachments are: Exhibit A "Project Summary",. 13.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns s~l not be deemed a waiver of any of its rights or remedies, norshall 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 A~ment 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. 13.4 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. 13.5 This Agreement may be amended only with the written approval of the Parties. 13.6 This Agreement states the entire understanding 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 Recipient 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 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMEJ.'IT DISTRICT BY ITS GOVERMNGBOARD By: Procurement Director Date: St. Lucie County Mosquito Control District By Authorized Official: Title: Date: S / Procurement apprqyed: ,/;'i '1 B Date: ft- 2-/-D(.) Agreement No. C- 11299, Page 7 of 7 '-' -......-- - Exhibit "A" Project Summary 'WIÎ t' '-' '-.,,¡/ EXHI3:ï "AM - PROJECï SUMMARY FISCAL YEAR 20c0 INDIAN RJ..vER LAGOON LICENSE PLA ïE PROJ"ECïS A??LICÅ~S NAME: St. Lucie County MOSGuito Control District 08JCCï:Vf; The ovei'cl! project object¡~e in this cooperative effort betwe.en (czpplic:rnt's name) SL"CMCD and the South Fiorida Water Mcnage.îìent DiS7rict (DI.ST"'KICT) is Enh~nce:m~nt of water auality ò,,-er 289 acres ~~ ~~~~~~, c~,~~~~ ; Drov~ cubilc access and awareness of the Lagoc~ wi obs twr & we~ c~~ PROJ"2Cï I..OC~ nON County(.~): St. Lucie X G~,e:-al Locction Description; Mcrti,., c..,¿lor PcJm Be.=Ò M'I'"' 3, 4 17A and 18A on Eutchinson Island in Saint Lucie County SCOPE: OF WOR)( ïli~ (app!iccnt's na.'"¡'\e) SLCMCD shaH be responsible ror (provide a desc:-iptjol1 of e.cch project .step, tcsk and/er phc.se) Tl:.sk 1: Convert Tw'o Pu.-np·s ta tions from 7000 to 14000 gpm Task 2: üpgra¿e t-hree plliD.pS to hi flow w/upg:::-aded impellors/bearings Task 3: Construct Observation Tower for Public Access/Awareness Task 4: Install Web Carn On Obs Twr for Þ...D A access on WNW Agreement No. 'C-11299, Exhibit "A", Page 1 of 4 _-r-.-....- t' . '-' ..." SCOPe: OF WORK (continued) PAYMENT AND DELIVERABLE SCHEDULE DUE INVOICE! COST DELTYERABLE DATE DISTKICT SHARE PAYMENï AMOVNT / Convert 2 pump stations 05/01/01 1$17,943.001 0 Upq:=ade 3 pu.'P'(l:) S I 09/01/00 $13 , 0 5 9 . 0 01 $ 41: 00 -, Construct Observation Tower 112/31/00 I 0 1$70100.00 T"o:t-",11 W",h (';>'1"1 112/31/00 1$ 7 , 7 51. 0 0/ $ 2 3 j 8 . 0 0 . I I I I .. I I I I I TOTAL $38 753.001572519 -º-Q Agreement No. C-11299, Exhibit "A", Page 2 or 4 --. - . .. W' ...., Cart 3rci:::own crI¿ .schedule: - - ic::k D~. ¡prion UC~~ Plc:rl: CÅS"7 - $'hare. I Co,", - 5",,", ¡ E;;:-~rd F:Jrrding ~mocnt rJnd.il1g Source: I C~mpkrior¡ Amount DatI: Convert 2 pump staJ $17.943.00 I I 105/01/01 fr 700(') - 14000cro 0 - Upgrade 3 pllJ.'Ups W / I $13,059.00 I I 109/01/00 ~ew L~pellors/bear. .541. 00 SLCMCD Construct Obser..... I I I ûSFWS 112/31/00 Tower O· ~70, 100. OQI SLc..II1CD Install Web Cam I I $2,378;0~ 1 on Obs T-.....= $7,751.00 SLC-1'1CD 12/31/0C I I I '. . ;(~atory Appr"ovd~.: Are: c."y r~u!ctcry appr:)Va!3 ne~ded for the p..opcs~¿ project? Yes No If yes., pre::sc: fiIl in the. table. below: Ap~c:/ Agc."'C'f Type or A?pr-;vcl R~:jv¿? Ex;>;'''''cn 1 (Ärr.mcni": - I No Date. y~ ?DE?/ACOE I :?e=mit NG? I X 112/17/031 i56-016574S-001 I "D""=n1';'" M.i.nO"-¡ I I I In-orocess Eng. - __. ___ 1.... _ ?DEP/ACOE Structu.ra X S-year I Contractor Select. I I I I ) I I I I I I I Authori::e.d ?e."son's Nc:me: James ::\. 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