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HomeMy WebLinkAboutAgenda Packet 06-05-01 '-' ..." JUNE 5, 2001 5:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agendà" 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 UlÙess 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 AM., then public hearings will be heard at 9:00 AM. 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 AM., 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. '-' -..I www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA June 5, 2001 5:00 P.M. t INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES (S~ Approve the minutes of the meeting held May 22,2001. Awlôv"E'&. PfJr- ~\~ 50 (¿ rS' n QIJ.l- J,JD-- ,..¡t-'/ /J [j) W J¿o( ~(V" øørl' Presentation - Jeff Furst, Property Appraiser r:P ~r l-. (nfðf / J£ r Recreation Update - Staff will present an update the Board. 'L (]OfI!teff1ct5 Announcement - The Comprehensive Plan Transmittal Hearing will be held on June 12, 2001 at 4:00pm in the Commission Chambers. PROCLAMATIONS / PRESENTATIONS I ANNOUNCEMENTS 2. A. B. c. D. Announcement - The St. Lucie County Board of County Commissioners will hold a workshop with the Chamber of Commerce on June 19, 2001 at 3:00PM in Conference Room 3. V(¡¡J-¡()~Cafl()J«fòf1u5afæ reqtÚqß. ØJcLJkft, E. Announcement - The June 26, 2001 Board of County Commissioners Meeting has been rescheduled to Monday, June 25,2001 at 9:00 AM. F. Announcement - The July 3,2001 Board of County Commissioners Meeting has been cancelled. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA fr(J(J (âVf.J . NOTICE: All Proceedings before this Board are electronically recorded. . Any person who decides to appeal any action taken by the Boara at these meetings will need a record ofthe proceedmgs and for such purpose may neea 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 pam to the proceedings will be granted the opportunity to cross-examine any indivIdual testifying during a hearing upon request. Anyone witli a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1418 at least forty-eight(48) hours prior to the meeting. '-" ...., REGULAR AGENDA JUNE 5, 2001 PAGE TWO PUBLIC HEARINGS COMMUNITY DEVELOPMENT .~. . 5A Resolution No. 01- 023 /Ouasi- Tudicial / Ocean Bay - Consider staff recommendation to approve the resolution granting a.change in zoning from the HIRD (Hutchinson Island Residential District) Zoning District to the I (Institutional) Zoning District for 15 acres of land purchased through the Environmentally Significant Lands Program and Florida Communities Trust. Location: East side of South AlA, directly across from the South Hutchinson Island Wastewater Treatment Facility. !+a;röl«!.5 ---0 End of Public Hearings "' 6. COUNTY ATTORNEY f1J() (¿viÓ 6 - 0 Resolution No. 01-143 - Consider ftaff recommendation to adopt the resolution supporting the School Board of St. Lucie County in its request that the Governor and Legislative Leaders put the State's money into what it claims to be the State's priority: "Educating our Children". --~'-----------'~-- ~- A "--- 1;') Resolution No. 01-145 - Consider staff recommendation to adopt the l:/ resolution authorizing the continuance of the permitting process for Berths OJY- 2 & 3 in order to improve the possibility of attracting a Mega Yacht , . Company to relocate into this area and not to facilitate additional cargo 0, expansion into this area, and further authorizing the continuance of the 'Q(ld~~ fI permitting process for the Taylor Creek (Shoreline Treatment) area. ._._-,-----_.._--~.._-- 7. ADMINISTRATION Proposed Real Property Exchange - Consider staff recommendation to request that St. Andrew's Episcopal Church provide surveys and appraisals of both parcels to St. Lucie County or explore an 'alternative means to accommodate the proposed property exchange. ÌÀ~JS~~~{-tv mfL+ with ~ÁitJ ~~ Cf\wLhð~- '-' """'" CONSENT AGENDA Tune 5. 2001 1. WARRANTS LIST Approve warrants list No. 34 and No. 3S 2. PARKS AND RECREATION Contract Approval - Consider staff recommendation to approve the Soft Drink Pouring Rights & Machine Vending contract with Pepsi-Cola and authorize the Chairman to sign the contract. 3. PURCHASING A Contract Renewal- Consider staff recommendation to approve the discount agreement with Office Products & Services for the purchase of Hon Office Furnitùre and authorize the Chairman to sign the contract. B. Contract Agreement - Consider staff recommendation to approve the auction agreement with Karlin Daniel & Associates, Inc. and authorize the Chairman to sign the agreement. 4. PUBLIC WORKS A Road & Bridge / Contract Amendment - Consider staff recommendation to approve the First Amendment to the sole source contract with Stewart Mining Industries, Inc., for the purchase of shell and coquina rock, and authorize the Chairman to sign the contract. B. Solid Waste / Balefill/Recycling Facility at Glades Road Landfill - Consider staff recommendation to approve the May 15, 2001 proposal from Camp Dresser & McKee, Inc., for providing professional engineering services related to the design, permitting and construction work in the amount of $379,600. C. Engineering / Taylor Creek/C-25 Restoration Project - Consider staff recommendation to approve the Cooperative Agreement between St. Lucie County and South Florida Water Management District for 30 months, in the amount of $700,000, and authorize the Chairman to initial the agreement. D. Budget Amendment No. 01-1 S5 - Consider staff recommendation to approve the budget amendment and equipment request for the purchase of several exhibits for the Environmental Learning Center in the amount of $2,000. 5. MANAGEMENT AND BUDGET Permission to Advertise - Con~ider staff recommendation to grant permission to advertise a public hearing for the purpose of updating the budgeted fund balances and establishing transfers. '-' CONSENT AGENDA JUNE 5, 2001 PAGE TWO -..J 6. ADMINISTRATION Civil Traffic Infraction Hearing Officer Grant-in-Aid - Consider staff recommendation to grant authorization to apply for the grant and provide the $15,000 match. 7. COMMUNITY DEVELOPMENT Florida Communities Trust (FCT) 2001 Grant Application - Consider staff recommendation to approve the Ancient Oaks Preserve, South Savannas Buffer Preserve, White City Flatwoods, and the White City Flatwoods South for submission to FCT in their 2001 grant application cycle and assist St. Lucie Village with the preparation òf a grant application for the St. Lucie Village Heritage Preserve. 8. COUNTY ATTORNEY A. RFP No. 01-017 / Community Development Block Grant (CDBG) Agreement with Nancy Phillips and Associates, LLC for Grant Preparation and Grant Administration - Consider staff recommendation to approve the proposed agreements and authorize the Chairman to sign the agreements. B. 2001 Summer Camp Program / Transportation Services Agreement - Consider staff recommendation to approve the proposed agreement with the School Board of St. Lucie County, and authorize the Chairman to sign the agreement. 9. AIRPORT A Sublease Agreement - Consider staff recommendation to approve the agreement between B&E Houck Enterprises and Mirabella Yachts for a 35,000 square foot hanger at St. Lucie County Airport. B. Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) - Consider staff recommendation to approve the agreement and authorize the Chairman to execute the JPA and Resolution No. 01-146 authorizing the Chairman to sign the agreement for the construction of taxiway "An extension at the St. Lucie County International Airport. '" '-' ., BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 22, 2001 Tape: 1-2 Convened: 9:00 a.m. Adjourned: 11 :25 a.m. Commissioners Present: Chairman, Fr31mie Hutchinson, Doug Coward, Cliff Bames, Paula A. Lewis; John D. Bruhn, absent on vacation Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Julia Schewchuk, Community Development Director, Dennis Murphy, Asst. Community Development Director, Paul Phillips, Airport Director, Ray Wazny, Public Works Director, Bill Blazak, Utilities Director, Jim David, Mosquito Control. Director, Pete Keogh, Parks and Recreation Director, Roger Shinn, Central Services Director, Susan Kilmer, Library Director, Marie Gouin, M & B Manager, Don West, County Engineer, Beth Ryder, Community Services Director, Deputy Nickel, A. MiIlie Delgado, Deputy Clerk 1. MINUTES (1-041) It was moved by Com. Barnes, seconded by Com. Coward, to approve the minutes of the meeting held May 15, 2001; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. A check was presented to the Board by the Friends ofthe Library for volunteer hours. B. Announcement- The Florida Department of Environmental Protection Division of Recreation and Parks announced that they will conduct a public hearing on Wednesday June 6, 2001 at 7:00 p.m. at the St. Lucie County Civic Center, Meeting Room B. The purpose of the workshop is to receive comments from the public regarding park management an land uses before the development of a new proposed management plan for the park. C. Announcement- The BCC announced that they will be holding a workshop with the Investment Committee on Thursday May 24, 2001 at 2:00 p.m. in Conference Room 3. D. Announcement- The BCC announced that they will be holding a Midway Road Corridor Workshop on May 22,2001 at 7:00 p.m. in the Commission Chambers. E. Announcement- Staff announced that a Comp Plan Public Hearing will be held on May 29,2001 from 4:00 p.m. to 6:00 p.m. in the Commission Chambers. F. Staff announced that the June 5, 2001 BCC meeting will begin at 5:00 p.m. 3. GENERAL PUBLIC COMMENTS -1- , '-" """'" Mr. David G. Evans, Hideaway Circle, Port St. Lucie resident, addressed the Board regarding the W. Virginia Corridor issue and stated he felt it was no~ as vital as the city wants everyone to believe. His main concern was the destruction of a canoe trail in the area. Ms. Arlene Goodman, White City resident, addressed the Board regarding the Rasmussen House and it's location. The White City Improvement Club does not want it placed behind their building and they feel it will get more exposure if it is placed in the Savannas. The Improvement Club would be willing to donate money and time for its renovation. Mr. Bob Bangert, representing the Conservation Alliance, addressed the Board in oþposition to the West Virginia corridor issue. Mr. Roger Sharpe- St. Lucie County resident, addressed the Board in opposition to the proposed corridor and the bridge over sensitive lands. Mr. Charles Grande, Hutchinson Island resident, addressed the Board regarding staff not infonning the residents of proposed projects in the area. The SWAT group (Students Working Against Tobacco) addressed the Board requesting their support for an ordinance they had drafted. Com. Coward stated he would like language pertaining to the vending machines and their placement which is not presently listed. The County Attorney stated they could possibly provide to the Board the language already under state law stipulating the placement of the vending machines for their review and possibly modify the ordinance. Staff was directed to follow up with a letter to the cities to ask for their support of the ordinance and possibly draft and enforce their own or request the SWAT representatives to approach the cities. Com. Coward stated he felt it should be both and the county should lend their support to make it countywide. 4. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent Agenda with item C-2E pulled for a later date; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 33. 2. PUBLIC WORKS A. Road and Bridge/Annual Road Resurfacing Contract- The Board approved Change Order No.1 to extend the contract with Dickerson Florida and authorized the Chainnan to sign the Change Order as approved by the County Attorney. B. Road 7 Bridge/parking Lot Resurfacing- The Board approved Change Order No.2 to add the resurfacing project for the Recreation Division Center Parking Lot on Virginia Ave., by Dickerson Fla. Inc., and authorized the Chainnan to sign the Change Order as approved by the County Attorney. . . -2- ., \..ø ..."" C. Road and Bridge US 1 & Indrio Road- The Board approved Work Authorization No.3 with Kimley & Horn & Associates, Inc., for the design and permitting of the intersection improvements for the intersection of US 1 & Indrio Road in the amount of$50,100. and authorized the Chairman to sign the Work Authorization as prepared by the County Attorney. D. Solid Waste/Baling & Recycling Facility Project- The Board approved Change Order No. 2 for an increase of 102 day which includes generator, FL power feed easement platform to Baler, push plate modification, water main extension and a leachate conveyor credit, which results in a net reduction of $43,871.06 bringing the new contract amount to $8,480,128.53. E. This item was pulled. 3. LIBRARY SIRSI Software Maintenance Contract(sole source)- The Board approved the contract in the amount of $20,792 and authorized the County Administrator to sign the purchase requisition. 4. MANAGEMENT/BUDGET A. Medical Examiner BudgetlBudget Amendment No. 01-150- The Board approved the revised budget request and budget amendment which will increase the budget of the Office of the Medical Examiner by $5,010. B. Budget Resolution No. 01-111- The Board approved the budget resolution to appropriate and expend funds from the FDOT Airport Master Plan Update Grant in the amount of $100,000. C. Budget Resolution No. 01-112- The Board approved the budget resolution to appropriate and expend funds from the FDOT Airport Water System Improvement Grant in the amount of$56,000. D. Budget Resolution No. 01-113- The Board approved the budget resolution to appropriate and expend funds from the FDOT Airport Master Drainage Plan Grant in the amount of $200,000. 5. PURCHASING Fixed Asset Inventory/Property Record Remova1- The Board approved the removal of specified records from the fixed asset inventory of the BCC. 6. UTILITIES A. Equipment Request No. 01-255 and No. 01-256/Budget Resolution No. 01-151- The Board approved the equipment requests and budget amendment for the piggy back purchase of two portable trailer mounted 55kw generators consistent with the City of Leesburg Bid No. 01-FB 25 at $18,034 each for a total of$36,068. B. Equipment Request No. 01-257- and Budget Amendment No. 01-152- The Board approved the equipment request and budget amendment for the purchase of one handheld meter reading device with necessary charger and universal multiple handheld sytem cradle for downloading. C. Equipment Request No. 01-261-and No. 01262/Budget Amendment No. 01-154- The Board approved the equipment request and budget amendment for the purchase of two pumps as sole source from Ellis K. Phelps & Company for emergency replacement of -3- " '-' ..., pumps at the Empress Lift Station and Lift Station No.6 on South Hutchinson Island. 7. PARKS AND RECREATION Equipment Request No. 01-254- The Board approved the equipment request to purchase a replacement C.AT. Locator and Genny Transmitter in the amount of$1,521.45. 8. COMMUNITY DEVELOPMENT A. Permission to Re-Advertise/Countywide Architectural Appearance Standards for Commercial, Industrial and Institutional Type Uses- The Board approved rejecting the submitted proposal and granted permission to re-advertise following review ofthe general scope of work for this project, which is anticipated later this summer. B. Resolution No. 01-023- The Board approved Resolution No. 01-023 amending Resolution No. 01-012 to correct a scriveners error in paragraph 20 of Resolution No. 01- 012. 9. ADMINISTRATION A. Meeting Time Change- The Board approved changing the Board meeting on June 5, 2001 from 7:00 p.m. to 5:00 p.m. B. Recreation Update- Staff provided the Board with a written update. 10. INVESTMENT FOR THE FUTURE Pop Warner Ball Field Lighting- The Board approved piggy backing the City of Jacksonville's Contract No. SC -0463-00 with Musco Lighting for the needed lighting improvements. 11. COMMUNITY SERVICES Permission to Advertise- The Board approved granting permission to advertise a Request for Qualifications for all eligible agencies that meet the criteria of Section 320.08058(30), to receive funding from the Choose Life License Plates. 12. AIRPORT A. Second Amendment to Lease Agreement- The Board approved the Second Amendment to the Lease Agreement between S1. Lucie County and Phoenix metal Products for improvement to the leased property which will increase the value of the property in exchange for $6,639 of rent credits from the County for the installation of two roll up garage doors, and for the application of asphalt millings to the surface parking area. B. Bid Award- The Board approved awarding the base construction and alternate bid item to Dickerson Florida, Inc., in the amount of $484,820 for the base bid and $85,500 to replace the $129,960 lime rock base bid item with shell base for a net decrease to the total contract of $44,460/for the alternate bid item for a total project cost of $440,360 for the Aircraft Parking Apron at S1. Lucie County International Airport. 13. COUNTY ATTORNEY A Satisfaction of Mortgage/Alpha Health Services, Inc.,- The Board approved accepting the check in the amount of$73,901.57 as full payment of the Mortgage and Security Agreement and Promissory Note and authorized the Chairman to execute the Satisfaction of Mortgage. -4- ; '-' """'" B. Second Amendment to Agreement for South Detention ArealBrisben Family Limited partnershiplRiver Place, Inc.,- The Board approved the Second Amendment and authorized the Chainnan to sign the second amendment. 14. CENTRAL SERVICES A ADA Bathrooms at Lawnwood Tennis Courts- The Board approved the final payment to Chuck Euns Construction Company in the amount of$10,890, B. Grant Application - The Board authorized the County Administrator to sign'the Florida Boating Improvement Program grant application for funds to improve boat ramp parking facilities at the River Park Marina off of Prima Vista Blvd. 15. MOSQUITO CONTROL Grant Application- The Board approved signing the Coastal Impact Assistance Program application for the Bear Point Wetland Restoration Project SR AlA Impoundment Restoration Project and the Historical Museum Parking Lot Stormwater Permitting Costs. REGULAR AGENDA 6. COUNTY ATTORNEY (1-1089) . A Pennission to Advertise- Consider staff recommendation to grant pennission to advertise the proposed ordinance prohibiting placement of tobacco products in open display directly accessible to the public. It was moved by Com. Coward, seconded by Com. Lewis to grant permission to advertise the proposed ordinance with the hearing scheduled for June 19,2001 ; and, upon roll call, motion carried unanimously. B. North Fork of the S1. Lucie River ESL Project- Consider staff recommendation to direct staff to proceed with the initial due diligence on those parcels on the priority list where there are willing sellers. It was moved by Com. Barnes, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, motion carried unanimously. 7. PUBLIC WORKS(1-l972) A. Funding Request- Consider the request of the City of Port St. Lucie for funding a portion of the West Virginia Drive Corridor Project under the County Incentive Grant Program. Mr. WaIter England, City Engineer Port S1. Lucie addressed the Board's questions on the final alignment and the environmental impacts. He also addressed the study which was done in 1997 by the FDOT and another PD & E study which will be done by the city. After continued discussion, it was moved by Com. Coward, seconded by Com. Lewis, to approve the request of the City of Port St. Lucie; and, upon roll call, motion carried unanimously. B. Funding Request- Consider the request of the City of Port St. Lucie for advance funding recognition and reimbursement for a portion of the West Virginia Drive Corridor Project. -5- ." ~ "ttttIIÎ After discussion, it was the consensus of the Board to table this item until further infonnation can be obtained for the Board's review. Tape 2 C. Solid Waste/RFP No. Ol-031/Beneficial Use of Landfill Gas Contract- Consider staff recommendation to approve the contract with BP Technology as prepared by the County Attorney, and authorize the Chainnan to sign the contract. Mr. Richard Schroeder, VP BP Technology, addressed the Board on this issue. It was moved by Com. Coward, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, motion carried unanimously. D. Solid Waste/Tipping Fee Reduction- Consider staff recommendation to approve a reduction in the tipping fee of Construction and Demolition debris C & D material to $19. per ton. Com. Coward stated he felt the business' needed more time to be notified and provide their input on this matter and requested this be delayed. It was the consensus of the Board to table this item until June 12,2001 in order to give the business' time to provide their input in writing. 8. ADMINISTRATION (2-964) A.. Commissioner Representative for Florida's East Coast Amtrak Task Force- Consider staff recommendation to select a Commissioner to attend a meeting on May 31 sl in the Cocoa Civic Center along with the Assistant County Administrator, to represent St. Lucie County on this task force. The Asst. County Administrator will be attending this meeting. Com. Lewis stated she would attend the meeting on May 31 Sl. Com. Coward stated he would be more than happy to attend any future meetings after May 31 SI. B. Tourist Development Council- Consider staff recommendation to nominate one applicant to fill the vacancy for the Tourist Development Council At-Large Position. Upon tally of the votes, Ms. Andrea Mellon was appointed. C. Bi-Weekly Committee Reports- The Board gave an update on the various committees and advisory boards they serve on. It was the consensus of the Board to re-schedule the Board meeting from Tuesday June 26th to Monday, June 25th, 2001 at 9:00 a.m. and to cancel the July 3rd meeting. BOARD COMMENTS Com. Hutchinson commented on the CRA District expansion by the City of Ft. Pierce. She is concerned with the proposed boundaries and the city has not contacted the county for any input. After discussion, it was the consensus of the Board to direct staff to call the city and the CRA Board and schedule a meeting with the Board of County Commissioners. -6- ., "-'" "'WI There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court -7- ) '-' ~ JUNE 5,2001 5:00 PM p¡}/ h if /û !J BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME ,..., GENERAL RULES AND PROCEDURES Attached is the agendà" 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 UlÙess 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 AM., then public hearings will be heard at 9:00 AM. 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 AM., UlÙess 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 roD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ') \..or ...., www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA I June 5, 2001 5:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held May 22,2001. 2. PROCLAMATIONS I PRESENTATIONS I ANNOUNCEMENTS I A. Presentation - Jeff Furst, Property Appraiser B. Recreation Update - Staff will present an update the Board. Announcement - The Comprehensive Plan Transmittal Hearing will be held on June 12, 2001 at 4:00pm in the Commission Chambers. c. D. Announcement - The St. Lucie County Board of County Commissioners will hold a workshop with the Chamber of Commerce on June 19, 2001 at 3:00PM in Conference Room 3. E. Announcement - The June 26, 2001 Board of County Commissioners Meeting has been rescheduled to Monday, June 25, 2001 at 9:00 AM. F. Announcement - The July 3,2001 Board of County Commissioners Meeting has been cancelled. . 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA 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 proceedmgs and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedings, individuals testifying during a hearing will.be sworn in. Any' par1Y to the proceedings will be granted tòe opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior fo the meeting. ') \..- ..., REGULAR AGENDA JUNE 5, 2001 PAGE TWO I I PUBliC HEARINGS / /~ Resolution No. 01- 023 /Quasi- Judicial/Ocean Bay - Consider staff recommendation to approve the resolution granting a change in zoning from the HIRD (Hutchinson Island Residential District) Zoning District to the I (Institutional) Zoning District for 15 acres of land purchased through the Environmentally Significant Lands Program and Florida Communities Trust. Location: East side of South AlA, directly across from the South Hutchinson Island Wastewater Treatment Facility. I End of Public Hearings 6. COUNTY ATTORNEY I A. a J (.\.~ J. \ If " Resolution No. 01-143 - Consider staff recommendation to adopt the resolution supporting the School Board of St. Lucie County in its request that the Governor and Legislative Leaders put the State's money into what it claims to be the State's priority: "Educating our Children". Resolution No. 01-145 - Consider staff recommendation to adopt the resolution authorizing the continuance of the permitting process for Berths 2 & 3 in order to improve the possibility of attracting a Mega Yacht Company to relocate into this area and not to facilitate additional cargo expansion into this area, and further authorizing the continuance of the permitting process for the Taylor Creek (Shoreline Treatment) area. 7. ADMINISTRATION Proposed Real Property Exchange - Consider staff recommendation to request that St. Andrew's Episcopal Church provide surveys and appraisals of both parcels to St. Lucie County or explore an "alternative means to accommodate the proposed property exchange. , , -, ~ ...." CONSENT AGENDA Tune 5. 2001 1. WARRANTS LIST Approve warrants list No. 34 and No. 35 2. PARKS AND RECREATION I Contract Approval - Consider staff recommendation to approve the Soft Drink Pouring Rights & Machine Vending contract with Pepsi-Cola and authorize the Chairman to sign the contract. . 3. PURCHASING A Contract Renewal- Consider staff recommendation to approve the discount agreement with Office Products & Services for the purchase of Hon Office Furniture and authorize the Chairman to sign the contract. B. Contract Agreement - Consider staff recommendation to approve the auction agreement with Karlin Daniel & Associates, Inc. and authorize the Chairman to sign the agreement. 4. PUBLIC WORKS A. Road & Bridge / Contract Amendment - Consider staff recommendation to approve the First Amendment to the sole source contract with Stewart Mining Industries, Inc., for the purchase of shell and coquina rock, and authorize the Chairman to sign the contract. B. Solid Waste / Balefill/Recycling Facility at Glades Road Landfill - Consider staff recommendation to approve the May 15, 2001 proposal from Camp Dresser & McKee, Inc., for providing professional engineering services related to the design, permitting and construction work in the amount of $379,600. C. Engineering / Taylor Creek/C-25 Restoration Project - Consider staff recommendation to approve the Cooperative Agreement between St. Lucie County and South Florida Water Management District for 30 months, in the amount of $ 700,000, and authorize the Chairman to initial the agreement. D. Budget Amendment No. 01-155 - Consider staff recommendation to approve the budget amendment and equipment request for the purchase of several exhibits for the Environmental Learning Center in the amount of $2,000. 5. MANAGEMENT AND BUDGET Permission to Advertise - Con~ider staff recommendation to grant permission to advertise a public hearing for the purpose of updating the budgeted fund balances and establishing transfers. ) '-" CONSENT AGENDA JUNE 5, 2001 PAGE TWO ...., 6. ADMINISTRATION J ~ Civil Traffic Infraction Hearing Officer Grant-in-Aid - Consider staff recommendation to grant authorization to apply for the grant and provide the $15,000 match. 7. COMMUNITY DEVELOPMENT . Florida Communities Trust (FCT) 2001 Grant Application - Consider staff recommendation to approve the Ancient Oaks Preserve, South Savannas Buffer Preserve, White City Flatwoods, and the White City Flatwoods South for submission to FCT in their 2001 grant application cycle and assist St. Lucie Village with the preparation óf a grant application for the St. Lucie Village Heritage Preserve. 8. COUNTY ATTORNEY A RFP No. 01-017 / Community Development Block Grant (CDBG) Agreement with Nancy Phillips and Associates, LLC for Grant Preparation and Grant Administration - Consider staff recommendation to approve the proposed agreements and authorize the Chairman to sign the agreements. B. 2001 Summer Camp Program / Transportation Services Agreement - Consider staff recommendation to approve the proposed agreement with the School Board of St. Lucie County, and authorize the Chairman to sign the agreement. 9. AIRPORT A Sublease Agreement - Consider staff recommendation to approve the agreement between B&E Houck Enterprises and Mirabella Yachts for a 35,000 square foot hanger at St. Lucie County Airport. ~ B. Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) - Consider staff recommendation to approve the agreement and authorize the Chairman to execute the JPA and Resolution No. 01-146 authorizing the Chairman to sign the agreement for the construction of taxiway "A" extension at the St. Lucie County International Airport. ,~, "- AGENDA REQUEST ''''''; ITEM NO. QA DATE: 06/5/01 CONSENT REGULAR PUBLIC HEARING [ X ] Leg. [] Quasi-Jud. [ X Community Develovment ~S~ Director TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [X [ APPROVED OTHER: 5-0 ~unty Attorney, (~ t'-0Jh Originating Department: Second Public Hearing on Draft Resolution 01-023. petition of St. Lucie County Requesting A Change In Zoning for Property located on the East side of South A- I-A, directly across from the South Hutchinson Island Wastewater Treatment Facility, from the HIRD (Hutchinson Island Residential District) Zoning District to the I (Institutional) Zoning District. Two public hearings are required for the rezoning of property owned by St. Lucie County. The first public hearing was held on May 15, 2001. The petition of St. Lucie County requests a Change in Zoning from the HIRD (Hutchinson Island Residential District) Zoning District to the I (Institutional) Zoning District for 15 acres of land purchased through the Environmentally Significant Lands Program and Florida Communities Trust. The proposed rezoning will be more compatible with the public ownership and use of the subj ect property. (File No. RZ-Ol- 006) . N/A On April 29, 2001, the Planning and Zoning Commission, by a vote of 6 to 2, with one member (Mr. Jones) absent, recommended approval of the subject petition. On May 15, 2001, the Board of County Commissioners recommended the second public hearing on this petition be held on June 5, 2001, at 5:00 P.M. Staff recommends that the Board of County Commissioners approve Draft Resolution 01-023. DENIED Do 1 s M. Anderson County Administrator Review and Auurovals Management & Budget: Purchaslng:________________ Other: Other: Finance: (Check for Copy only, if applicable) - <. , ~ ..., t ~ COUNTY COMMISSION REVIEW: June 5, 2001 Resolution 01-023 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: May 30, 2001 Subject: Second Public Hearing of the Petition of St. Lucie County, for a Change in Zoning from the HIRD (Hutchinson Island Residential District) Zoning District to the I (Institutional) Zoning District. (FileNo.: RZ-OI-006) The proposed rezoning of property located on the east side of A-I-A, directly across ITom the South Hutchinson Island Wastewater Treatment Facility, is to recognize the public ownership and the conservation and recreational use of the property, At the Apri119, 2001, the St. Lucie County Planning and Zoning Commission recommended the approval of the requested change in zoning. At the Planning and Zoning Commission public hearing, the applicant stated that Ocean Bay Preserve parcel was purchased by St. Lucie County and the State of Florida for the purpose of conservation and passive recreation. Although, the existing BIRD Zoning allows the use of the property for conservation and recreation purposes, Institutional Zoning will provide a more appropriate zoning district and is consistent with the zoning of other public owned conservation and recreation lands in the County. t On May 15,2001, the Board of County Commissioners held the first public hearing on this petition, At that time the Commission recommended the required second public hearing of the petition be held on June 5, 2001. This proposed rezoning meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Attached is a copy of Draft Resolution 01-023, which would grant a change in zoning ITom the HIRD (Hutchinson Island Residential District) Zoning to the I (Institutional) Zoning District. Staffrecommends approval of Draft Resolution 01-023 changing the property's Zoning District ITom HIRD (Hutchinson Island Residential District) to I (Institutional), cc: File , p ~ 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 I r I . '-' ..., RESOLUTION 01-023 ALE NO,: RZ.Q1-006 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) DISTRICT TO THE I (INSTITUTIONAL) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence presented, including but not limited to the staff report, has made the following determinations: 1. St. Lucie County. presented a petition for a change in zoning from the HIRD (Hutchinson Island Residential District) Zoning District to the I (Institutional) Zoning District for the property described below. 2. On April 19, 2001, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve a change in zoning from the HIRD (Hutchinson Island Residential District) Zoning to the I (Institutional) Zoning District for the property described in Part A below. 3. On May 15, 2001, this Board held a public hearing on the petition, after publishing notice at least 7 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4, On June 5, 2001, this Board held it's second public hearing on the petition, after publishing notice at least 5 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 5. The proposed change in zoning has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 6. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed change in the Zoning District Classification from the HIRD (Hutchinson Island Residential District) Zoning District to the I (Institutional) File No.: RZ-01-006 June 5, 2001 Resolu1ÎQJ1 01-023 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 1~ I ~ I . ........ ...., Zoning District for that property described as follows: THAT PORTION OF THE FOllOWING DESCRIBED PROPERTY lYING EAST OF SOUTH SR A-1-A: SECTION 22, TOWNSHIP 36 SOUTH, RANGE 41 EAST. A TRACT OF lAND, THE SOUTH LINE OF WHICH IS 6,323.74 FEET NORTH OF THE SOUTH LINE OF SECTION 27 AND THE NORTH LINE BEING 7,295.02 FEET NORTH OF THE SOUTH LINE OF SECTION 27 AND BOUNDED ON THE WEST BY THE INDIAN RIVER AND ON THE EAST BY THE ATLANTIC OCEAN-lESS SOUTH SR A-1-A RIGHT OF WAY. (location: East side of South SR A-1-A, across from the South Hutchinson Island Wastewater Treatment Facility) owned by St. Lucie County is hereby approved. B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairwoman Frannie Hutchinson xxx XXX XXX XXX XXX Vice-Chairman Doug Coward Commissioner Paula A. Lewis Commissioner John D. Bruhn Commissioner Cliff Barnes PASSED AND DULY ADOPTED This 5th Day of June 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney dw H:\W ord\bcc\ocenbayres. wpd File No.: RZ-01-006 June 5. 2001 ResolutÏQ¡101-023 Page 2 " '-" ~ -I-' C :J (0 0 0 u 0 I Q) -r- . 0 Ü :J N -.J a: ~ " (. -I-' () (f) ~ \ (. 'WI ~z ~ Ê c .:: v ~ [rh' g ~ ¡;: N 41 0 ~ > .- V ~ a Ë >0" ~ Q 'r: 'ë ~- E u E:ë Q c. U ~ ~ ... '" Q v <.:> :? a: ~ z :::> o ü ^'ÕY-O¡ NNitŠ~---~----' O;,:Öt.----jNly-~iiÑy~ cvò¡n,Ì)¡¡g;.:õi:lTl a: w 2 a: > â^'OH "ìYÑY)_J. ~JQ.,]H ,^-~_..,." = i " :;: =, ~ ... I .. .. o.(o~ r O'f'oiõ];;':j.-'~-"~----' a: ~ o ~ .l-;) "'"" fZ~:1 lVHVJ . ,- ... I ,// ~..? i ~ .. JJ--- .-- .ý..~f.."''J 'II- >//\, / ' / // // ) // S S( s ~~ s ~r AlNnOJ 3380HJ33)10 ~ z ~ · " · ~ · ~ ¿ ... In ... ~ z :::> o ü ... z ¡::: a: -0:: ~ .. ... a: ... ~ ... a: , '-" ...." A Petition of St. Lucie County for a Change in Zoning from HIRD (Hutchinson Island Residential District) to I (Institutional). , ~ --- o ":) ç, (ì a o (1 (\) o ":) Indian River RZ 01-006 1 '( Community Development ( Geographic Information Systems 'ì' Map prepared March 27, 2001 I\ TNllmllPhu_~b'~pIiII'tW\gn~~onIy .",.. ~ -'1M'" ~ rr.doI ICI pIO'IiII8-.....-___. _ 1OCU'.1II ~~tÍlrot""-'<lodIot"-".~bn:iir"Q~ ~ This pattern indicates subject parcel , Zoning . Indian River . '""" ...." 81. Lucie County ~ --- o -;) .....-. -- () o () 0) ~ RZ 01-006 r / / / /J This pattern indicates rLLLLJ subject parcel ¡ Community Development f Geographic Information Systems Map prepared March 27,2001 :=. ~ ~r.:. ~ ....:o:-~= =~ø.:::. ~ -:\~, norlnidi<:w'l~_,~"'I'OOI...._foJt......~t:1ir\cJinQ~ " '-" ....I Land Use 81. Lucie County . CPUB /'.-...... I " ~- ...... " ", , I \ ' \ ., / ..,~_/ v ~ ....-- ~ ç. (ì o (ì (\) o -:) Indian River RZ 01-006 f/ / / / /1.. This. pattern indicates rLL/--.LJ subject parcel I Community Development 'L Geographic Information Systems ~, Map prepared March 27, 2001 TlWrrwø hu bHn ~ Ior~"~ ond ,......,. ~ ""'Y Yd>Io -retloft....~..- to~ ____-..,.. inIom'eIiorIpoMÍbIO ._.ro!inIIInOedlat_..IeQIIIy~~ -, - \ " "-" ..., 81. Lucie þ RZ 01-006 Community Development Geographic Information Systems Map prepared March 27, 2001 T¡""''''''''-t>Mr1~"",Io'Q<INII''''piwY>'''O_..I<I<__~OÑ'/ N ~....-¡ ""001P\u t-. """'" '" p'.....œ-~..CU'UI<'II""'" ~... ~ pouot>lo.f.. n,,, 'co....""" Iuo.- "". "'gall)' 0<""'"", ~ ,.,.. ~ ..",¡ ~ AGENDA REQUEST r it ITEM NO. -LtZL1 DATE: June 5, 2001 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, 01-143 - Supporting the School Board ofSt. Lucie County in its request that the Governor and Legislative Leaders put the State's money into what it claims to be the State's priority: "EDUCATING OUR CHILDREN". BACKGROUND: The St. Lucie County School Board along with Commissioner Doug Coward have requested that this Board support the School Board ofSt. Lucie County in its request that the Governor and Legislative Leaders put the State's money into what it claims to be the State's priority: "Educating Our Children". The Attached Resolution No. 01- 143 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: . Staff recommends that the Board adopt the attached Resolution No. 01-143 as drafted. pq APPROVED [] DENIED [ ] OTHER: 5-0 COMMISSION ACTION: County Attorney: ~~/ Review and Approvals Management & Budget Purchasing Originating Dept, Other, Other, Finance: (Check for Copy only, if applicable)_ Eff, 5/96 ," . ~ þ ... '-- ..." RESOLUTION NO. 01-143 A RESOLUTION SUPPORTING THE SCHOOL BOARD OF ST. LUCIE COUNTY IN ITS REQUEST THAT THE GOVERNOR AND LEGISLATIVE LEADERS PUT THE STATE'S MONEY INTO WHAT IT CLAIMS TO BE THE STATE'S PRIORITY: "EDUCATING OUR CHILDREN" WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1, The Governor and Legislative leaders have stated, "education is a priqrity". 2. St, Lucie County Schools have demonstrated earnest effort toward improving student performance and accountability as evidenced by climbing FCA T scores. 3, The cost to educate students continues to rise, but funding for education during the current legislative session does not stretch to meet basic needs without maior cuts. 4, An estimated $3 million dollars are necessary to fund growth needs (insurance, utilities, and fuel), leaving a $1,6 million deficit before any raises or minimal cost ofliving increases can be given to teachers, 5, Only $1.4 million, of the $4.1 million in "new money" can be used for district growth needs. 6. The remaining $2.7 million must be spent according to state mandates. 7, The St. Lucie County School District's $2.2 million funding for choice was eliminated despite the fact that the state promotes choice in Florida and requires districts to have a school choice plan. 8. The burden of funding continues to shift further away from state sources toward local .. ~ .J # property taxes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby support the School Board of St. Lucie County in its request that the Governor and legislative leaders put the state's money into what it claims to be the state's priority: "EDUCATING OUR CHILDREN". 2. The County Administrator is hereby directed to forward a copy of this resolution to Governor Jeb Bush, the Florida Legislative Leaders, and the Chairman of the St, Lucie County School Board. .. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson xx Vice Chairman Doug Coward xx Commissioner Paula A. Lewis xx Commissioner Cliff Barnes xx Commissioner John D, Bruhn xx PASSED AND DULY ADOPTED this 5th day of June, 2001. . ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ) ~ ""'" , AGENDA REOUEST ITEM NO. &6 DATE: June 5, 2001 REGULAR f/J PUBLIC HEARING [ ] ~ CONSENT [ ] · TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: [ Resolution No. 01-145 - Authorizing the continuance of the permitting process for Berths 2 & 3 in order to improve the possibility of attracting a Mega Yacht Company to relocate into this area and not to facilitate additional cargo expansion into this area, Further authorizing the continuance of the permitting process for the Taylor Creek (Shoreline Treatment) area. · BACKGROUND: On May 15,2001, this Board approved staff recommendation to pursue the original application for Berths 2 and 3 and Taylor Creek (Shoreline Treatment) within the ninety day deadline of May 28, 2001, and requested staff to draft a resolution which sets out the Boards' intent on the issue. The attached Resolution No. 01-145 has been drafted for that purpose. FUNDS AVAIL.: · PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 01-145 as drafted, COMMISSION ACTION: [ ] APPROVED [] DENIED [~OTHER: Pulled prior to meeting. , County Attorney; Originating Dept. ~ f~ j II "1// V-"" Review and Approvals Management & Budget Other; Finance; (Check for Copy only, if applicable)___ ~ þ þ ~ þ l . Purchasing Other; ..., Eff. 5/96 '-" ,..." RESOLUTION NO. 01-145 A RESOLUTION AUTHORIZING THE CONTINUANCE OF THE PERMITTING PROCESS FOR BERTHS 2 & 3 IN ORDER TO IMPROVE THE POSSIBILITY OF ATTRACTING A MEGA YACHT COMPANY TO RELOCATE INTO THIS AREA AND NOT TO FACILITATE ADDITIONAL CARGO EXPANSION INTO THIS AREA; FURTHER AUTHORIZING THE CONTINUANCE OF THE PERMITTING PROCESS FOR THE TAYLOR CREEK (SHORELINE TREATMENT) AREA WHEREAS, the Board of County Commissioners of 81. Lucie County, Florida, has made the following determinations: 1. The original application for Permit Application Number 562316669 was made on May 4, 1993, which was for phases two and three of the Port of Fort Pierce Master Plan. 2. In a letter dated December 20, 1994, the County agreed to remove Berth five from the permit application. On December 14, 1995, the Port Director for the 81. Lucie County Port and Airport Authority sent a letter to the Department of Environmental Protection indicating certain t modifications to the original application. The Phase Two portion, which was for Berths two and . three remained the same, 3. The balance of the modifications were for the deepening of the Intracoastal Waterway North of its intersection with Taylor Creek, and a two-phase improvement to Taylor Creek. 4. The Board is aware that a mega yacht company is considering locating its business in the upland area adjacent to Berths 2 and 3 and may need to use Berths 2 and 3 as modified to implement its plans, '-' ....., 5, This Board has detennined not to continue with the pennitting process for Berths 2 and 3 for the purpose of promoting any future cargo expansion into this area. 6. This Board desires to continue with the permitting process for the Taylor Creek (Shoreline Treatment) area. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners for St. Lucie County, Florida: 1. This Board is desirous of continuing the pennitting process application with the Department of Environmental Protection for Berths 2 and 3 in order to provide a facility for a mega yacht company to relocate into this area rather than facilitate additional cargo expansion into this area. This Board is also desirous of continuing the permitting process for the Taylor Creek (Shoreline Treatment) area. 2, The County Administrator is hereby directed to forward a copy of this resolution to Mr. Martin K. Seeling, Environmental Administrator, Office of Beaches and Coastal Systems, Department of Environmental Protection, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. þ . After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Cliff Bames Commissioner John D. Bruhn xx XX XX XX XX PASSED AND DULY ADOPTED this 5th day of June, 2001. -- '-" "wII' ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY , t "" AGENDA REQUEST -..,, I/Î ITEM NO.l DATE: June 5, 2001 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Robert Bradshaw Assistant County Administrator SUBJECT: Consider a Proposed Real Property Exchange between St. Andrew's Episcopal Church and St. Lucie County. I BACKGROUND: St. Andrew's Episcopal Church submitted a proposal to St. Lucie County regarding the exchange of adjacent real property located in downtown Fort Pierce. St. Andrew's Episcopal Church offered Parcel A in exchange for Parcel B (please refer to attached). St. Lucie County agreed to consider the proposal if all associated costs were paid for by St. Andrew's Church. In order to ensure that the proposed property exchange is equitable, St. Lucie County requested St. Andrew's Church provide appraisals of both properties. The County, as of today, has not received the appraisals. FUNDS AVAILABLE: NjA NjA PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board requests that St. Andrew's Episcopal Church provide survey and appraisals of both parcels to St. Lucie County or explore alternative means to accommodate the proposed property exchange. [ ] APPROVED [ ] DENIED [x] OTHER: Meeting will Attorney's. proceed with CONCURRE~: /. / / /" COMMISSION ACTION: be set up with st. Andrews will appraisels/surveys. Review and Approvals County Attorney: Management&Budget Purchasing: Originating Dept, Other, Other, Finance, (Check for Copy only, if applicable) \.r OJ/25/01 13:40 FAX ...." ~002 ì D I ~ © ~U W~ r ! i May 2~, 2001 Mr. Doug Anderson Administrator 81. Lucie. County VIA F.AX .,. . "t'.-. . 't", Dear Mr. AndersoD, 81. Andrew's Church & School respectfully requests to be included on tbe agenda for the June 5> 2001.- meeting oftbe Board of County Commissioners. Our agenda item concerns a. proposed swap of adjacent properties between 81. Lucie County and St. Andrew's Church & School, in order to expand parking for both the County Courthouse and the Church & School Sincerely, ~£ _n _., ..,_. __ _ ..._.' . , ~.-J-- The Rev. Pierre W. Whalon Rector ... - - -.. -- ~ . .- -- .-- - ------- -._-~--._-- -- - -- ----_-~-~V.-þiL~.nl: W. Wb..ø.tðn.,bt"or 210 South Indl~'" R¡""r DTiv~' Fort Pierce, Florida M950~3?7 _ __..__... u. .'. . _0 ~..____ .....- --.... -. 't\!!l~ne: Sal-4el-~tI.O.g. _ _ FAX, 5SI-46J1_B9t4 "''WW.lt:a.ndrr.wZioI!pl.i:c:opaltom .-._------.'------ -_.-.. , , þ þ · · , · '-' ..., 11/27/00 16:35 FAX !4Jú " :LAW OFFICES RICHARD D. SNEED, JR.. P. A. SUITJ¡ 205, ~RDI ~CUTIVE CENTER 1905 SOtTrlj: ::!tITlj: S'l':RP:$1: ;"T. Pl:E1i<CE, n.omDA. ~7 E.I>X (¡;¡6~) 04G5-~~ . ÇOM:E"'tITJn;: MtlDEH (51;11) 465-!!:)66 . Ã-Y.4II, fuhjrpa.cacl.= 'IIU.:!U':a?NE (~SI) 465 -20130 October 24. 2000 4. . '~-. John D. Bruhn, Chåirman Board of County Commissioners st. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34947 .~ . Re: st. Andrew's Episcopal Church Dear Mr. Bruhn: J represent St Andrew's Episcopal Church. St Andrew's Episcopal Church is the owner in fee simple of parcel (-0003-000/4) depicted as "Parce! An on the enclosed tax assessor's map. Parcel A lies south of parcel (-0003-000/5) whIch is owned by St. Lucie County and is depleted às "Parcel 8" on the tax assessor's map. St. Andrew's Episcopal Church also owns parcel (-0001-000/1) depicted as "Parcel C" on the ertdosed tax assessor's. map. Parcel C Bes contiguous to and directly north af Parcel 8. St. Andrew's Episcopal Church afso owns' parcel (-0001-00010) depleted as "Parcel D" on the enclosed tax assessor's map. Parcel D lies southeasteriy of Parcel B and is separated by a 25 foot easement or right-of-way. St Andre\'v"s Episcopal Church offers Parcel A in fee sImple to Sl Lucie County, Florida, in exchange for a portion of Parcel B in fee simple equivalent in square footage to Parcel A, J"r'1èasured from east to west along the north and south boundary lines of Parcel B. ContinUed..........___ ._ __. ___. _on __.__ - .... . .. ... _ ._ _ _ ._ n__ - - - ----- -- -.-.~ .-- -..-.- - .-- ----.---- .- ..- --- --- .. --- - - - ... ---- - - ~ - -. .' . ,,~~~:btt '. / , "" 'WI 11/27/00 16:35 FAX ~o' John D. Bruhn, Chairman Board of County Commissioners. St Lucie County October 24. 2000 Page Two , Th1s offer is subject to: 1. The pa~!~$ .1RJQe e~ch~nge providing to eåch ,:1ther~ij ~r,ª~@~.vff;co~tJ' a tItle Insurance q>n¿mlt¡"nent IOsl,mng theIr respecbve propertIes at their fafr market value,. disclosing exceptions acceptable to the respective parties. The vacation by the City of Fort Pierce çf the 25 foot easement or right~of-way that separates Parcel.DJrom that portIon of Parcel B that is to be exchanged by St Lucie County with 51.. Andrew's Episcopal Church. 2. t , 3. The parties providing to each other. atth~lfrèšPêl;we:gê;pst;'ãcl survey of the parcel exchanged 6y each,· showmg nd' encroàc~mènts and otherwise acceptable to the respective parties_ The surveys shall be prepared by registered land surveyors of the State of Florida, acceptable to the respective· parties. . Please ask your staff to review this offer. Please agenda the matter for a work$hop session, and when eppropriate. a County Commission meeting. Thank you. ~ Very truly yours, Law Offices of RICHARD D. SNEED, JR., P.A. CRIG1HAL SIGNED RICHARD D. SNEED} JR. Richard D. Sneed, Jr.. Esquire RDS/dmj Enclosure cc: Rev. Pierre W. Whalon Paula A. Lewis, Coùnty Commr~si6ner Cllff BarnAS, County CommJssionèr Frannie Hutchinson, County Commissioner Doug Coward, County Commissioner· . . --.--.. - .--.---. .--,,-- - - - _.' --- -- - ..._---.. ---- ~---'--'----'--- ... '_____.____.. .__._".___ _,._.____ _. .__ -0 _ .-''':- ._-,. .. . _.. _ . ... _. _.__u_____ _._.___~.. ,__________ _u_ --- ---~--_._------_.- -.---...-----.-- .. -.- ...., -- . ..-.-..-.. ... - - ., -.-----. -----,.-.. -.--.--- .U-....._,I~"'~~ '. WOW Q:!'TIcr:s 01' 1UCl1.Ult> D. ¡!¡"""n. JJL, "..L,"'O~ 5.0.5T1! ST_ :¡t:1T1<200. )ùADI =~~ .n.J'!.ItBcJ!:..:n. ~".{ðe¡) ~.=o . . ___ ..~.. u_ .._ _ ... H. '-" ...", 11/27/00 16:35 FAX ~004 ;t\ Yi-'JS' > i~IJ~~~ ~ { B.:5.6 U .! ~ 9/5) !"' ! ~ ~ .----- , COUNTY ·mUSE. to:> UI ..:. <.Þ t o ----....»:> œ . '128..3 I 4 11 121.7 . _ ;; e 1803-0005- ð ~ -Q(J()/SJ ;;.. B us , 1.38.5 ar¡ NJ002-DIO/2J to: <>;¡ .7 t;Þ I C1 ~ (-0002-000/$) - 158.98 205.98 1 ~ !J.l 2 (-OOO3-OOO/ô> 'f9S.4S r -ooa5-()()()/O) :1 - 186.93. -'1 t-ooOG-ooonJ 778.29 Print Date: 03/21/2000 19:4 SEE SHEET 24/10B '--4 \\ ~-t L 1 ~---y~-------~ --------- 5 _. ....-õ ,.,Nrl-fl)OIg2 __ -' -- - . (-tJVV'_- . -- ---.- ® -- - ~ ~ o;,¡ ~. ~ ;dr. 3 1, ;.' ~y z o ~. Ci tJ .. ~ EX. 15)~;:¡ C-0003-000 . ~ !I'-~ Clt:' CoUNI r sr.LU I- ' , 3:!r2.Z ... It ~ "ß ID co . i- 1,."L" (-0003-000/ (-()()()4-GOO/ll .... ~ 6D 2.35.55 ~ ., ... ... .. AVENUE .:558± ~ rn ::0 m ..... .... . ., (./X)(J/-OOO/2) 29!;i± D> c:a ~ œ DO ...... .... (-fXX).4-(J(J()/3J 23Oi:: 1;:0 c:ø ~ -" C> C1 ~ en '; /:wœ-oJO/OJ ~ .. _....n ___. 1.0+ ~____AVENIJE__~__ 16 . ~ (-(}(](JB-CìOQ/IJ I-!- 95± \.or BOARD OF COUNTY COMMISSIONERS January 5, 2001 Richard D. Sneed, Jr., P. A. 1905 South 25th Street Fort Pierce, FL:'34947 . RE; PROPOSED PROPERTY EXCHANGE . Dear Mr. Sneed: t . ! .., COUNTY , ADMINISTRATOR DOUGLAS M. ANDERSON c~~ Iðr^ ~ (Pi,;{ ~t ~~. Thank you for your correspondence of October 24, 2000 regarding a proposed real property exchange between St. Lucie County and St. Andrews Episcopal Church. County Staff reviewed your proposal and determined that to proceed at this time would not be in the best interest of the County. . . Thank you again for your proposal. Please fee} free to contact my office if you have any questions or comments. S(/4~ Robert Bradshaw Assistant County Administrator RJB:ms-01-02 c: Board of County Commissioners Douglas M, Anderson, County Administrator Dan McIntyre, County Attorney: . Roger Shinn, Central Services Direétor Don Cole, Property Acquisitions Manager - C--' _',.,,-,_ ,.-_ _ . .' _ "_.+___ .:n....__ ~ _ . ___uo.. _ _.__ - -._--- .~-_.._--.. .. -- - .. .. ;'" . '.. -.- -. - .. --..-.,-.'. ..--- _. .-..-- ...- ----_._._._._---_..---'_..:.-.......:~--- ...- -- .-. - - - ------- - ---- .-- . -- ------~-----~----------- .. . JOHN D. BRUHN. Disrrlct No.1. DOUG COWARD, Disrricl No.2. PAULAA. LEWIS. District No,:I ,. FRANNIE HUTCHINSON, Disrricr No.4'· CUFFDARN~.:Di5r Counry Admlnlsrrotor - Douglos M. Anderson , . ._ . ... _.,. . .. ._.'t .~_ . .__ "'_P""o. .......'·A.. ~L"".Á AI"')A ~ ....., January 25,2001 The Hon. Frannie Hutchinson, Chair The Hon. Cliff Barnes The Hon, John Bruhn The Hon. Doug Coward The Bon. Paula Lewis . "...... , " Dear St. Lucie County Commissioners, Our attorney, Richard Sneed, sent you a letter dated October 24, 2000, proposing that St. Andrew's Church exchange some property to increase the Couniy'ß available paved parking spaces in the Riverfront Park, located along Indian River Drive across from the County.Courthóuse. ¡bis' . increase woùld be done entirely at St. Andrew's exoense,incurrÎIÏg rio'cóSfwºijt~òeŸenö~th~l} ~ayers. You need to know that Ramon Trias, Planning Officer for Fort Pierce, enthusiastiCally supports tlie project, as it would significantly increase available Saturday parking for dO\VD.to~. Mr. Sneed a~ked that the County staffmeet with us to review details of the project so tha{the County staff could understand the project and could specify exactly what the County would want, before proceeding to a decision. This did not happen. Instead, Mr. Sneed received a letter dated January 6, 2001, from Assistant County Administrator Robert Bradshaw saying that «County Staff reviewed yoUr proposal and detennined that to proceed at this time would not be in the best interest of ~~~" . . In light of the serious parking issues facing St. Lucie County in dO\VD.town F~rt Pierce, I . respectfully request that the staff of the County meet with me and our engineers and review our proposal, this time to get all the facts. St. Andrew's parishioners and I fail to see how alleviating soine , of your parking problems at no cost to you is not in the County's best interests. St. Andrew's Church and St. Lucie County have been good neIghbors since 1904, when we both purchased adjacent properties on the Drive from the Tyler family. This project is a continuation of that good relåtionship. Please Iet us discuss this together. . Yours truly, .¡-- Cc: Douglas Anderson, County Administrator Robert Bradshaw, Assistant County Administrator Dan McIntyre, County Attorney , Roger Shinn, Central Services Director . Don Cole, Property Acquisitions Manager Richqrd D. Sneed, Jr., P. A. ..- -. - .. ~ . ·-·'11-~··[fa··0·' œ-¡ L1. ·~.:·-::::'c:·~;:__ ~c~,_ .~ J .... nUl' "'c'FJ..AN.' ·::2-5 ..u2ä-: :-'-:/-'.' .., L.~" u.' 01. - L-(:~J··r:· .. .... . ' ,:. - .~_..- . - -.. . .. .. -...t:: . ....,-- The Rev, Pierre W. WhaIon. Rector Telenhone, 561-461-5009 '. ' "" ,., , . I TELEPHONE (561) 465-2330· (561) 465-7557 LAW OFFICES RICHARD D. SNEED, JR., P. A. SUITE 206, MARDI EXECUTIVE CENTER 1905 SOUTH 25TH STREET FT. PIERCE, FLORIDA 34947 FAX (561) 455-2342 E-MAIL Rdsjrpa@aolcom February 12, 2001 Robert Bradshaw Assistant County Adrliinistrator St. Lucie County Florida 2300 Virginia Avenue .. Ft. Pierce, Fi 34982-5652 HAND DELIVERED . . Dear Mr. Bradshaw: þ Thank you for meeting with Pierre W. Whalon, Richard Hellstrom and me concerning the proposed property exchange between St. Andrews Episcopal Church and St. Lucie County. After the meeting you asked me to write to you clarifyinq Saint Andrew's initi~1 proposal contained in my letter to the County dated October 20, 2000. - ~ . Accordingly, St. Andrews Episcopal Church reiterates its property exchange proposal, and clarifies it by stating that the exchange~ shall be made wjthout any costto the countv. othe~ than landscaping on the parcel the County receives. St. Andrew's Episcopal Church shall -- obtain and pay fòr all engineering, and construction cost to effect the exchange. . The remaining points to be addressed as we left the meeting was whether the County's surveving st-ª.,.ff would be available to secure the proper legal descriptions and boundaries of the properties to be exchanged. And, second, th~re was the matter of who would initially draft the exchange agreement. Please advise whether you want the agreement to come from the St. Lucie County legal staff or do you want me to prepare it and submit it to you. Very truly yours, Law Offices of Richard D. Sneed, Jr. P.A. ORIGINAL SIGNED BLCHA.RD. D.. SNEED, JR. . Richard D Sneed, Jr. Esq. .-.. -. '. . .. ....-. - -- ..-. -~. .". . '..' -. .. .....,....,.... -. .-- h _ _ .__.___ __ _ ____~______ __ __ -------- -- ~ - _. __.______. _'-0. ___ _._ ___.. . __. ___ .0- .'_0____ . -- -_. --..--- 0_0'___' ._..._.. .-_. cc: Rev. Pierre-Whälon ____ '__.'.~ ,..__ hO. _ _ __~__. ___ _~~___________h_ __. ~..._o._________~_ ~---- d:\œers\tNrtha\diefltS\slandrltllMtl1m\stancl'I'eWJtrt-4. n____·_____·______ _ ...... ...____...__....__ ___on RJB:ms-Q1-12 "c,·_','.. .,·-c··.-~·-, --=,'-'-''-' - ,.:,.,' . , ',: .:.', c: .C'h':.-::' Board cir COUI1Iy'Commissloners . ..-. ,n, - ... _.. .,_.. _ --Douglas M.Anderson, Coun'ty Administrator Dàn McIntyre, County Attorney Don Cole, Properties Acquisition Manager Roger ShInn, Central Services Dir~ctor . --- - r . ~ . t t , þ ..--- . '-' -.IÍ BOARD OF COUNTY COMMISSIONERS February 20, 2001 Mr. Richard Sneed, Jr., P. A. 1905 South ·25th Street Suite 206 Fort Pierce; Florida 34947 RE: PROPOSED PROPERTY EXCHANG .,~ . . Dear Mr. Sneed: t Thank you for the opportunity to discuss the proposed property exchange between St. Andrews Episcopal Church and st. Lucie County. Although the discussion was productive, several issues remain unanswered. . , The first step in determining if the process of consideration continues requires appraisals of bothl properties, performed by County approved appraisal firms. Please refer to the ~ttaGhed list of approved appraisal firms. ' .., ,- As discussed, I would like to reiterate the County will continue consideration ofthis proposal with the understanding that th~pountv,will assume no ,costsljf·,tl-je C{:j=Iroposal, due diligence: ët~.' . " , - -, , . Please contact me if you have any questions. Sr? r / '--l.1 r Robert J. Bradshaw Assistant County Admil)istrator --- . - -. _.~ - - .. . .. .--. .. -- - ... .. ~ ..... .--.. - . - . -..- - _...... ,.--- --0 __ __. _ _ _ ___.___n_ _ __ ..'.' ~-----.-.----. - . ... -.- - ---- -_.----_.-->.-- ---.. - --- --- . ----- -.--..-. -- - . - _. _... .._'. ._o~ -- -.... .-- _..- -- . ...u.. . . .. . .' -. . _ ._ .. . n. . ._ . _ ~ _ _ ~_ _. _____._______._._.........~ ._._...__..0_. _____ ~ -.- , ' ... .. ...- ...... ...... -.-..-----.---. -- ...-'-.'. 0" . _. ._ . - ..... . .- -. . . .. . . .. '. _.__..__. _._.__.___________ .___ __u__.__..._._·_··__ .--_ -.. . . -. - . -- .~-_.---~ .n..__ __ no'_ _ __ _._ . - __ _0' .. _... '" ...", J LAW OFFICES RICH A "Rn D. SNEED, JR., P. A. TELEPHONE (561) 465 - 2330 (561) 465-7557 SUITE 206, MARDI EXECUTIVE CENTER 1905 SOUTH 25TH SIB.EET FT. PIERCE, FLORIDA. 34947 FAX (56!) 465 - 2342 E-MAIL RŒ¡jrpa@aolcom February 22, 2001 ~....._-~__._.,..... _._~ -""._'__T__· '~~ì Œ· (3 Œ U U Œ r",:': \! ¡; '; :- ---- '- -.--- I j,] ]j .1 '"'-tF¡E~.2,3~:1 d -, I. Robert Bradshaw Assistant County Administrator st. Lucie County Florida 2300 Virginia Avenue Ft. Pierce, FI 34982-5652 Dear Mr.. Bradshaw: . . The proposed property exchange matter is taking or;' all the attributes of a bowl of jell-O. Your letter to me dated February 20, 2001 took me aback in thatit was not responsive to my letter to you dated February 12, 2001. I enclose a copy of my letter in the event that you did not receive it. The questions I asked concern the surveyor and who would prepare the ~oposed agreemenl· - <?I~ ~ ¿;;;fJC~...lj - ~ ~4 ~d ~o'. I think it would be prudent for the church and the county to have a written agreement setting forth theteni1!?~hd obligations of the respective parties. Naturally, the county can insert whateverconditlonsit wishes to the closing of the transaction, sùch as appraised values, etc. The·'agreèment will. eliminate a lot of letters back and forth about what is considered by the county as an "unanswered issue". The agreement will control. I have neverthêiess forWarded your letter to me dated February 2001 to my client. However, it is my recommendation to my client that an agreement should be entered setting forth the obligations of the parties, otherwise the transaction is subject to the county's trump card of another "unanswered issue",that was not previously discussed. . t , þ Very truly yours, Law 0 es of Rich r D~ snee~ Richard D Sneed, Jr. Esq. RDS!dmj/Enclosure cc:" Rev. Pierrè Whalon ' , , Paula Ä. Lèwis;Couniy Commissioner , Gliff Bames;Gpunty_ GO!TIJ11issioner :, ':-',c': ,:, Frannie' Hutchinson; CountY' Commissiç¡ner,' , ' , Doug Coward"Counlÿ Commissioner ., , . . .;.... , , ..- - ... -. . . . .... '.", ---..:¡.. :..-:-~ ..:,.~:..~.~ '.:.. --.-,-··-·.~·.·~~:~:~-~:.··--~2:~:~:~: - -...... .-.- -. . .'. -.--- ... ','.- . -~-- .--- - .-.--. ., . .., . .... <' cI:\user$~\starld~\standrew.1ItJ5 , . '-'" ~ t:!,!06~.!~~~š~~:!3Ee~i~¡n_ff·(~~waPs.ç:~!sr=~Iîc1!~š t~ª,h~··-·~·=~·~=,=:~:~·'·.·..=·~·····=.:.~::::~ ====_..:·····:~g~:1 From: To: Date: Subject: Don West 'Tom-K@lbfh.com"@SLCMAILO,GWIA 3/2/01 4:58PM Re: Parking Lot Swap SLC/S1. Andrews Church Tom: A meeting, was held to discuss the property swap on Feb. 8th, Robert Bradshaw (ass1. County Administrator) is taking the lead on this issue. Robert agreed to talk with the County Attorney and the Board Members about the proposal. The property swap would be contingent upon formal Board approval. It was my understanding that all costs would be paid by the Church, This would include the due diligence on the property research, such as: title search, appraisals, surveys, etS'. Pending SOCC approval, the Church would proceed with design, permitting and construction of the necess.ary improvements, at the expense of the Chu rch, I would not recommend proceeding with any design, until the BOCC formally approves the agreement for the land swap, . [One of the concerns we have is the relative values of the two properties, The appraisals would have to b~ completed to see whether this comes into play, If the relative values of the properties do not appraise out similar, the BOCC may not want to do the deal. ~$"Io I J"(I' )}'ò¡ ....... - I would recommend talking to Robert to see where we are on this issue. Don Þ:--µ ¡Jc.-µ - ¡Ç.¡ . ,J þ >>> Tom Knott <Tom-K@lbfh,com> 03/01/01 02:43PM >>> We are working with Father Whalon at S1. Andrews concerning the proposed land swap with SLC. Father Whalon called and indicated a deal had been agreed to between the two parties, andthát SLCwasproceedin¡:Jwith-asurvey of their property to begin the swap. I just spoke with Ron Harris and he has no confirmation of a deal and is not sure if there every will be one, Do you know the status of this matter? Do we need to meet with Church to discuss? Thanks for your help....,Tom K. cc: Daniel Mcintyre; Robert Bradshaw; Ron Harris "'" ...." TO: INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA ~~ðb~f:t',B~¿¡d-shåtf~-s-i~·+~~l7:.}~:r~1 Daniel S. McIntyre, County Attorney.{Jr' 01-348 FROM: C.A. NO. DATE: March 5, 2001 SUBJECT: ". Parking Lot Exchange - St. Andrews ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- I suggest that you discuss the concept of the proposed exchange with the Board. If the Board agrees with the concept, please let me know and I will draft the exchange agreement for discussion purposes. DSM/caf Copy to: Board of County Commissioners County Administrator County Engineer County Surveyor :1[õ).Œ& In W. Œlfñ1¡ W MAR - 8 2001 lJ.}¡ ·'".;1, cv. ADMIN. OFFICe ~ .."" , 0 ert Bradshaw - Father Whalon 461-5009 From: To: Date: Caller: Phone: Eleen K Swearingen Robert Bradshaw 5/9/01 11 :32AM Father Whalon 461-5009 f I'Ii/øJ ¡?Aú.. ~ e:f ,-,- ,"~~ge:: ]~¡ ,., t)..A / ... [*J Telephoned [ ] Will call again [ ] Wants to see you [ ] Urgent [*j Please call [ ] Returned your call [ ] Came to see you Is the County surveyor going to work on the joint project?? ~. #Jæ~, k ~ ~~r ÇJn£ ~~ ð~ ,/fl r/l».d ~~ R~~r ~~~ /'?~ ~ -( S;~ ,AJ;'¿',,-, ~.....~ ~ a;?'.:-; , , ~ ."", BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON May 10; 2001 The Rev. Pierre W. Whalon Rector St. Andrew's Church & School 210 South Indian '{ìiJer Drive Fort Pierce, FL 34950-4337 RE: PROPOSED PROPERTY EXCHANGE Dear Father Whalon: As you know, St. Lucie County is always receptive to participating in projects that help to enhance the community. However, after careful consideration and review, staff has recommended that the Board of County Commissioners not pursue the proposed property exchange between St. Andrew's and the County atthis time. Thank you again for your interest and concern in helping make St. Lucie County a better place to live. S~ --/ ~ Robert Bradshaw Assistant County Administrator RB:ms-01-30 c' Board of County Commissioners Douglas M. Anderson, County Administ(ator Dan Mcintyre, County Attorney . Roger Shinn, Centroid Services Director· Don Cole, Property Acquisitions Manager }ît·'W·r"(,;"! \~.". ... .~ .. .. . .-.... ..'} , "'.' ~\~t: ~~~~..~·-t 1 ':..l T . _ ~ _ _ _ .. _~;_~__~""':';L~:.~ f{..r.. ....." ._~ , . \ ,.-:,,\.)-.~';' -\ -'.j ~. '\ ;0<:_ \.. , r '" ...-.~ ~~,,_.. ',,-oJ .--.;..... n'~ , JOHN D. ß~UHN. Disrrict No.1' DOUG COWARD. Disrrict No.2' PAULA A. LEWIS, DiStrict No. 3 ~ Ff'\ANNJE HUTCHiNSON. District NO.4' CLIFF OARNES. District No. County Administratot - Douglas M. Anderson 2.300 Virginia Avenue . Fort Pierce, FL .34982-5652 · Phone (561) 462-1450 · TOD (561) 462-1428 )2/04/2000 20:0~ '~5ij14ij221Jl 11/2'1/00 111: U ~ . .. , . D/3) , II .. kit ------ , COUNTY 'iOlJSE s ¡ ~ ~ ; ----..I G of 12\.7 Ie '" t-«J02-OlO/2J t" / . (..fJDI'J2<JOO/SJ .7 15&.98 2œ.BB .£ ( ..()()03..(){)()/S) -.4& ~ . r~/OJ 3 1..1.3 4 t--tJDt1¡¡;..()(JO'/?~ Z8 ~'1' LlIel~ ell AJJlIl IßJU4 aoo", Pr1n't ., Þ.'tet Ð3/21/Z000 19140: SEE SHEET 24/f08 \\ _1__________ tG,.... ;,40 ----.--...----....-- ~ f-h~~---- '" -- 15 -- - ... 401 ~ -\\ ~.. ".~.I'i·"/"',:,·,; ,'¡,~ ·A .. :; , ta " "1'2 . " '1\ '11 ~ i1 358:t m fC. ~ ... ... (-otXJI-OOO./2J 2t6~ ~ :.a - .. ... ~ (-aJ04oo(J(J(J/3) 230;t , ~ 210% . ;r~ .; "0+ !.1_.... _ _~l!JE_ __ ~ _ __ 16 I C-OOOS.CJOC}/IJ +- !!I5: '" OS/25/01 F71\BWARR FUND t 001 001002 001106 001128 001130 001135 001252 001256 001258 001259 001269 001809 101 101001 101002 101003 101006 102 102001 104002 105 1 1. J02 107003 107121 123 140 140001 160 183 183001 183004 185001 186 186204 304 310002 316 330 382 401 401221 418 421 441 451 4r" 4 ... '-" ,.., ", ¡, ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #34- 19-MAY-2001 TO 25-MAY-2001 FUND SUMMARY TITLE EXPENSES General Fund FBIP 97/98 Boating Related Activit FTA-001-49 USC Sec 5307 (Sec 9) Section 112/MPO/FHWA/Planning FY01 TC Community Action Agency FYOO/01 Blind Creek Park Dune Crossover Urban Mobile Irrigation Lab Grant CTD TRIP Grant FY 00/01 TDC Planning Grant FYOOj01 Emergency Mgmt. Prep & Asst. FY 00/ FDEP-Urban Mobile Lab Grant 01/02 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Elizabeth M. Kiessel Bequest Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper USDOT/FDOT-DUI Specialist 00/01 Queens Cove Lighting Dist#13 Fund Port & Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court SHIP Housing Assistance FY 00/01 Recycling Operating Fund Recycling & Education Grant FYOO/01 Communication System Fund Impact Fees-Parks County Capital Lakewood Park Fund Environmental Land Capital Fund Sanitary Landfill Fund Wast Tire Grant FYOO/01 Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin 604,468.94 3,372.60 1,087.00 692.13 7,673.08 50.64 74.24 17,579.52 18.48 674.48 14.40 92.36 57,980.15 433.60 1,780.00 648.75 5,850.88 8,222.63 9,842.95 200.00 293.40 302,601.94 320.03 89.02 30,630.00 263.79 25,361. 35 108.03 1,588.06 1,452.16 233.34 199.57 283.40 323.95 44.26 329.86 3,184.83 43,283.30 9,630.00 1,212.97 11,335.97 1,084.50 21,711.05 1,670.00 9,181.05 12,165.11 5,161.83 35,863.36 PAGE 1 PAYROLL 289,125.03 0.00 0.00 4,357.96 556.58 0.00 995.67 0.00 246.29 5,488.76 193.13 1,188.80 100,167.79 0.00 0.00 0.00 0.00 47,579.62 3,924.00 0.00 2,038.33 77,683.91 383.34 1,150.01 0.00 0.00 6,499.44 0.00 2,366.17 4,386.63 1,850.58 2,673.72 1,371.84 ,1,808.32 602.78 0.00 0.00 0.00 0.00 0.00 32,754.10 0.00 20,717.23 174.05 3,551.12 601.37 9,802.73 3,975.98 '" OS/25/01 F77'\BWARR FUND · 491 501 505 505001 510 611 625 þ · ~ · " . -, .... ..." - . ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #34- 19-MAY-2001 TO 25-MAY-2001 FUND SUMMARY TITLE EXPENSES Building Code Fund Information Technology Fund Health Insurance Fund Property/Casualty Insurance Fund Service Garage Fund Tourist Development Trust-Adv Fund Law Library 4,033.41 47,096.33 9,274.92 535.45 18,616.62 5,971.87 13,742.69 GRAND TOTAL: 1,339,634.25 PAGE 2 PAYROLL 21,679.23 68,662.10 3,055.55 1,707.53 9,494.11 2,332.82 0.00 735,146.62 , 06/01/01 FZABWARR FUND .i 001 001115 00111 7 001128 001130 001252 001258 001259 001269 001809 101 101002 101006 102 102001 105 107 107002 107003 112 115 l' - 1 122 126 139 140 140001 140121 140307 140312 160 183 183001 183002 183004 185001 186 186204 205 304 316 352 382 390 401 4JR 4 ... '-' 'wi ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #35- 26-MAY-2001 TO 01-JUN-2001 FUND SUMMARY TITLE General Fund FTA-001-49 USC Section 5307 97/98 FTA 49 USC Sec 5307 98/99 Section 112/MPO/FHWA/Planning FY01 TC Community Action Agency FYOO/01 Urban Mobile Irrigation Lab Grant TDC Planning Grant FYOO/01 Emergency Mgmt. Prep & Asst. FY 00/ FDEP-Urban Mobile Lab Grant 01/02 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper River Park II Fund Sheraton Plaza Fund Paradise Park Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting Palm Grove Fund Port & Airport Fund Port Fund FAA Taxiway A-3, Airfield Signage Const. Parking Apron#405823-1-94-01 (FDOT) Taxiway A-3 Phase I Const. Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court SHIP Housing Assistance FY 00/01 Recycling Operating Fund Recycling & Education Grant FYOO/01 Beach Bond I&S Fund Communication System Fund County Capital SHI Wastewater Treatment proj Fund Environmental Land Capital Fund Treasure Cove/Ocean Harbor S Cap Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund EXPENSES 363,444.15 558.00 36.69 821.38 185.43 199.89 57.95 739.85 17.67 217.56 25,560.99 4,230.00 1,363.32 11,896.20 16,231.90 823.32 2,848,882.62 8,280.02 210.44 527. 96 450.45 724.52 158.43 896.12 113.41 682.47 1,495.33 1,383.96 46,103.65 2,839.42 3,888.02 487.44 1,085.49 400.14 75.00 489.28 253.38 771.79 111.19 341.52 57.16 10,963.67 2,000.00 1,068.75 7,146.84 911,717.22 7,090.74 70.70 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 , 06/01/01 FZABWARR FUND . 441 448 451 461 471 491 501 505 505001 510 606 611 625 ... '-'"' ...., ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #35- 26-MAY-2001 TO 01-JUN-2001 FUND SUMMARY TITLE North Hutchinson Island Utilities Renewal & Replacement Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Information Technology Fund Health Insurance Fund Property/Casualty Insurance Fund Service Garage Fund Shared Pool Cash-Property Appraiser Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 52,968.83 1,791.30 9,431.61 7,197.92 912.00 12,733.07 20,336.75 204,073.96 511.23 2,899.13 300,000.00 8,911.31 3,671.24 4,912,589.78 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,820.63 0.00 0.00 0.00 0.00 0.00 5,820.63 / w '''''''' 06/01/01 ST. LUCIE COUNTY - BOARD DATA FZ~WARR VOID LIST# 35- 26-MAY-2001 TO 01-JUN-2001 F~~D: 001 - General Fund CHECK INVOICE VENDOR 00267833 12108606 St Lucie County Tax Collector FUND TOTAL: TOTAL 50.85 50.85 PAGE 1 . ,.. . -- ...., "" AGENDA REQUEST ITEM NO. C2B DATE: May 1, 2001 , TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Cooperative Agreement between St. Lucie County and South Florida Water Management District in the amount of $700,000 for the Taylor CreeklC-25 Restoration Project. BACKGROUND: Taylor CreeklC-25 Restoration Project involves the dredging ofTaylor Creek from the C-25 spillway and Fort Pierce Farms C-1 to the Indian River Lagoon Intracoastal Waterway. The project will involve the removal of approximately 210,000 cubic yards of sediments to restore Taylor Creek to original depth design or hard sand bottom. The accumulation of sediments for the past 40 years represents a threat to the health of the sea grasses in the Indian River Lagoon Estuary. Once the sediments are removed, Taylor Creek will function as a silt trap to accumulate silt before it is discharged to the Indian River Lagoon. In addition, the navigation channel will be restored to its full depth to benefit the public. Several agencies are partnering with St. Lucie County to accomplish the restoration ofTaylor Creek, including South Florida Water Management District (SFWMD), St. Johns River Water Management DistricUNational Estuary Program, Florida Ports Council, and Florida Inland Navigation District (FIND). In FY98, the Florida Legislature appropriated $500,000 for the Taylor Creek Restoration Project. In April, 2000, FIND awarded SFWMD $100,000 in grant money, and SFWMD has budgeted an additional $100,000 in FY01 for a total of $700,000 available to St. Lucie County for this project. As part of the agreement St. Luoie County shall: 1) obtain all necessary permits, design and prepare bid specifications; 2) construct and provide disposal; 3) remove sediment as necessary from Taylor Creek downstrem of the spillway structures; 4) monitor the site; and 5) submit to FDEP a final post-dredge certification ofTaylor Creek as final deliverable, The County's contribution will be provided as follows: $200,000 $ 35,000 $600,000 $115,000 $100,000 $700.000 $1,750,000 Previously expended by St. Lucie County Additional matching funds by St. Lucie County State funding through SFWMD Previously expended by SJRWMD/NEP FIND FSTED (Florida Seaport Transport & Econo Total Project Budget MAY-72OO1 001 FUNDS AVAIL.: PREVIOUS ACTION: ENGINEERiNG RECOMMENDATION: Staff recommends Board approve the Cooperative Agreement with South Florida Water Management District in the amount of $700,000 for the Taylor CreeklC-25 Restoration Project and signature by the Chairman. COMMISSION ACTION: CONCURRE ~: [ ~ APPROVED [] DENIED [ ] OTHER: ') ."..,.,.., AGENDA REQUEST ITE~O. C-2(, DATE: JUNE 5, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Director, Parks & Recreation SUBMITTED BY(DEPT): Parks & Recreation SUBJECT: Approval of Soft Drink Pouring Rights & Machine Vending contract between Pepsi- Cola and St. Lucie County. BACKGROUND: On February 13, 2001, the BOCC authorized staff to negotiate a contract with Pepsi-Cola the # 1 ranked proposer for RFP #01-016 Soft Drink Pouring Rights & Machine Vending. FUNDS AVAILABLE IN: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests thatthe Board of County Commissioners approve the Soft Drink Pouring Rights & Machine Vending contract with Pepsi-Cola and authorize the Chairman to sign. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: Originating Dept: /-1t" Þ7 Coordination/Siqnatures County Attorney: Mgt. & Budget: Purchasing Mgr,: other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\WP\Agenda contract approval Lance.wpd ;. '- ..., ... POURING RIGHTSNENDING AGREEMENT THIS AGREEMENT made and entered into this _ day of , 200 I, by and between St. Lucie County, a political subdivision of the State of Florida (the "County") and Bottling Group, LLC d/b/a The Pepsi Bottling Group ("Pepsi"). WIT N E SSE T H: WHEREAS, pursuant to St. Lucie County RFP No, 01-016, the County has awarded Pepsi the exclusive right to provide premix, bottle drinks or non-alcoholic beverages in vending machines at the listed specified locations outlined on Exhibit A attached hereto ("Locations"), NOW, THEREFORE, in consideration of the benefits which will accrue to both the County and Pepsi from the terms and conditions of this Agreement, it is agreed by and between the County and Pepsi as follows: Definitions As used in this Agreement, the following capitalized terms shall have the respective meanings assigned thereto below: þ "Beverage Products" shall mean Postmix Products and B&C Products, "B&C Products" shall mean soft drinks, teas, juices and water as listed in Exhibit B which may be amended by Pepsi from time to time. "Competitive Products" shall mean any and all beverages other than the Beverage Products, . "Postmix Products" shall mean soft drinks, teas and juice products as listed in Exhibit B which may be amended by Pepsi from time to time, , "Year" shall mean each 12-month period during the Term commencing on the first day of the Term or an anniversary thereof. 1, County Oblil!:ations. þ A, Exclusive Vendinl! and Dispensinl!: Ril!:hts, During the term of this Agreement, County hereby agrees to permit only those carbonated soft drinks, isotonics, fruit juices and fruit drinks ready- to-drink teas and water Beverage Products which are distributed by Pepsi to be sold or otherwise served at the Locations, The Products shall be offered for resale only through Pepsi identified vending machines, visi coolers, and other mutually agreed beverage dispensers. The County hereby represents and warrants, and undertakes to ensure, that the Beverage Products shall be the exclusive beverage products advertised, promoted, identified, offered for sale or otherwise made available at the Locations during the term of this Agreement. B, Placement and Operation of Equipment. Pepsi shall have the exclusive right to install full service beverage vending machines ("Vending Machines"), retail single-serve food service beverage equipment ("Retail Equipment") and fountain service equipment ("F ountain Equipment") (Vending Machines, G:\ATTY\AGREEMNT\PEPSI COLA 00 -1- :: ~ ."." ... Retail Equipment and Fountain Equipment shall be collectively referred to as ("Equipment") at the Locations. Pepsi shall install the Equipment at its sole expense. Pepsi shall have the right to place full trademark panels on all sides of its Equipment. Pepsi, or one of its affiliates, shall retain title to all Equipment. C. Advertisine: Rie:hts. In addition, the County will provide advertising opportunities each Year, as follows: . Four announcements on P A system during games 8 x 10 Sign Promotional Night Advertising at all events Major sponsorship at an individual event Web page promotion Tailgate party at a game of choice 8 seasonal tickets to events at the stadium Reserved parking Foursome tickets for Leisure Services golftoumament · 2. as follows: Pepsi Oblil!ations. In consideration of the rights granted under this Agreement, Pepsi agrees þ þ A Exclusive Ril!hts Payment. Pepsi shall pay the County ten thousand and no/l00 dollars ($10,000,00) per year (the "Exclusive Rights Payment") for ten (10) years, The first payment to the County shall be due upon the execution of this Agreement by both parties, Thereafter, payments shall be due annually on or before April 1 of each year of this Agreement beginning May I, 2002, · B. Scoreboard. As further consideration under this Agreement, Pepsi shall provide a new Model MP-350 Electro-Mech Scoreboard Co, scoreboard or an equivalent agreed to by the County valued at nine-thousand seven hundred dollars ($9,700) ("Scoreboard Fee"), The scoreboard shall be delivered to the County at the Treasure Coast Regional Football/Soccer Stadium at no cost to the County within 6 weeks of the execution of this Agreement by both parties. Upon delivery of the scoreboard, Pepsi shall transfer ownership and warranty of the scoreboard to the County by appropriate document of title free and clear of all liens and encumbrances, Thereafter, the County will be responsible for the installation and maintenance of the scoreboard. þ · C, Commission. Pepsi agrees to pay to the County thirty percent 30% commission of all cash collected by Pepsi from the Vending Machines placed at the locations ("Commission"). Payment shall be made monthly by the 30th of each month, Initially, the price for all beverages purchased from the Vending Machines shall be $1,00, Pepsi agrees to shut off access to its Vending Machines during any time a County authorized beverage concessionaire or not for profit organizations are operating beverage concessions/sales at the St. Lucie County Civic Center, Lawnwood Complex, and South County Regional Football/Soccer Stadium. D, Beveral!e Prices. 1. Pepsi agrees that the initial price for Postmix Products and B&C Products provided under this Agreement are listed on Exhibit B and shall remain fixed for one year from the Effective Date ofthis Agreement. Any pricing changes thereafter shall be communicated to G;\ATIY\AGREEMNT\PEPSI COLA 00 -2- \w ..." ... the County but in no event shall any such price increase exceed the pricing for comparable beverages sold by Pepsi elsewhere in the Treasure Coast area, 2. The initial selling price for B&C Products purchased from the Vending Machines shall be $1,00. Any increases in the vending beverage price must be approved by the County provided however, that this approval shall not be unreasonably withheld, E. Additional Consideration. Pepsi agrees to provide the County, free of charge, for each year during the tenn of the Agreement, the following, upon receiving ten (10) days written request: t 1. 2. 3. 4. 5, 6, Fifty (50) cases ofB&C Products Fifty (50) promotional t-shirts Use of special event trailers four (4) times per Year Five (5) pre-printed banners Free standing coolers, as needed New menu boards, as needed , F. Soft Drink DisoensiDl!: Equioment. t 1. Pepsi shall provide and maintain all Equipment at St. Lucie County Civic Center, Lawnwood Complex, and South County Regional FootballlSoccer Stadium to the satisfaction of the County. Pepsi shall also furnish, install and maintain any additional Equipment as detennined by the County throughout the tenn of this Agreement. Pepsi shall provide additional service on an as needed basis within a not to exceed two (2) hour response time. Pepsi shall replace, within two (2) hours of notification, and at no charge to the County, any defective piece of equipment owned by Pepsi to insure an effective operation, Pepsi shall clean the lines of the Fountain Equipment every one hundred and twenty (120) days. t . , . 2. Pepsi shall service the Vending Equipment which shall include but not be limited to (i) filling the Vending Machines with non-alcoholic beverages and insuring that each Vending Machine has an adequate supply of non-alcoholic beverages for the demand at the particular Vending Machine location (ii) collecting the money from the Machines (iii) insuring that the Vending Machines operate properly and (iv) Promptly responding to customer complaints. Pepsi shall be responsible for any refunds due customers, G, Payment for Existinl!: Eauioment. Pepsi agrees to pay the County for the existing scorecards, mural and marques in the amount of nineteen thousand one hundred thirteen and 7411 00 ($19,113,74) dollars ("Equipment Fee"). Said monies shall be paid upon the execution of this Agreement by both parties. 3, Audit. Pepsi shall maintain during the tenn of this Agreement all books of account, reports, and records customarily used for Vending Machine sales to document the amount of the Commission due to the County for Vending Machine sales, Pepsi shall allow the County Administrator or his designee or the auditors of the County to inspect all or part of the compilation procedures for these books. All such records shall be available to the County Administrator or his designee and the County's auditors at a reasonable G:\ATTY\AGREEMNT\PEPSr COLA 00 -3- : -..... ....., '" location and upon reasonable notice to Pepsi in St. Lucie County, Florida for a period of five years after the end of any Agreement Year, 4, Public Records. Pepsi shall allow public access to all documents, papers, letters, or other material subject to the provisions of chapter 119, Florida Statutes, and made or received by the County in conjunction with this Agreement. 5. Contact Persons. The Contact Person for the County is the Pete Keogh at (561) 462- 1512. The Contact Person for Pepsi is James.Artis at (561) 878-0770. · The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Contact Persons for attempted resolution or action. The Contact Persons shall be responsible for overall resolution or action, The Contract Persons shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 6, Taxes. Pepsi shall be responsible only for the payment of taxes on the sales of Products through Vending Machines on the Locations. Pepsi shall not be responsible for any common area or similar charges relating to the Vending Equipment. 7, Licenses. Pepsi shall be licensed by St. Lucie County, State of Florida, and any other agency which licenses its business, and shall be responsible for obtaining and/or complying with all permits, codes, or other applicable laws in the discharge of all its responsibilities under this Agreement. · 8. Payments. Pepsi shall make all payments due under this Agreement to the following: St. Lucie County Leisure Services Department 2300 Virginia Avenue Ft. Pierce, FL 34982 · 9. ("Term"). Term. The term of this Agreement shall begin on April I, 2001 and end on March 31, 2011 J 10. Risk of Loss: Vandalism. Except as is reasonably attributable to the acts or omissions of County's personnel or other contractors. Pepsi shall bear the risk of loss to the Vending Equipment and any B&C Products or monies contained therein from theft or vandalism while the Vending Equipment is located at the Locations; provided, however, that in the event of repeated or significant theft, vandalism, destruction or loss, without limitation, Pepsi shall specifically have the right to remove or move any piece of Vending Equipment. · 11. Termination. A County, The County may terminate this Agreement without notice upon the occurrence of any of the following events: (I) institution of proceedings in voluntary bankruptcy by the Pepsi; (2) institution of proceedings in involuntary bankruptcy against the Pepsi if such proceedings continue for a period of 90 days; (3) assignment by Pepsi for the benefit of creditors; (4) abandonment by Pepsi of, and discontinuance of operations hereunder. G: \A TIY\AGREEMNT\PEP SI COLA 00 -4- ;0 -.... ..""" ... The County shall have the right to tenninate this Agreement after 30 days written notice sent by registered or certified mail to the Pepsi, of the occurrence of one or more of the following, unless the same shall have been corrected within such period, (1) Non-perfonnance of any covenant of this Agreement and failure of the Pepsi to remedy such breach. (2) The conduct of any business or the merchandising of any product or service not specifically authorized herein. B. Pepsi. Pepsi shall have the right upon 30 calendar days written notice to the County to tenninate this Agreement at any time after the occurrence of one or more of the following events. 1, Issuance by any court of competent jurisdiction of any injunction substantially restricting the use of the facilities for commercial purposes, and the remaining in force of said injunction for a period of more than 90 calendar days, 2, A breach by the County of any ofthe tenns, covenants, or conditions contained in this Agreement and the failure of the County to remedy such breach for a period of 30 calendar days after receipt of \.vritten notice sent by registered or certified mail from the Pepsi of the existence of such breach, . In the event of tennination by Pepsi under this Section 11 (B), Pepsi shall, without prejudice to any other right or remedy available to Pepsi, obtain (i) a reimbursement from the County of any unearned annual Exclusive Rights Payment paid by Pepsi to the County for the Year in which such tennination occurs. The amount of such reimbursement shall be detennined by multiplying the annual Exclusive Rights Payment paid in the Year during which such tennination occurs by a fraction, the numerator of which is the number of months remaining in such Year at the time of such tennination and the denominator of which is twelve (ii) a reimbursement from the County of any unearned Scoreboard Fee paid by Pepsi to the County. The amount of such reimbursement shall be detennined by multiplying the Scoreboard Fee paid by a fraction, the numerator of which is the number of months remaining in the T enn at the time of such tennination and the denominator of which is one-hundred twenty and (iii) a reimbursement from the County of any unearned Equipment Fee paid by Pepsi to the County, The amount of such reimbursement shall be detennined by multiplying the Equipment Fee paid by a fraction, the numerator of which is the number of months remaining in the Tenn at the time of such tennination and the denominator of which is one-hundred twenty, þ ~ t C. Without Cause, Either party may tenninate this Agreement without cause upon 30 days prior written notice, provided however, that if the County tenninates this agreement without cause, the County shall reimburse Pepsi any unearned fees in accordance with Section 11(B) above. If Pepsi tenninates this Agreement without cause, Pepsi shall not be entitled to any compensation by the County. 12, Buv-out of Scoreboard. In the event that (i) this Agreement is tenninated by either party prior to natural expiration of the Tenn, then, the County shall, at the County's election, either purchase the Scoreboard from Pepsi in accordance with this section or pennit Pepsi to enter upon the Premises and remove and take possession of the Scoreboard. In the event that the County ejects to purchase the Scoreboard, the County, shall purchase the Scoreboard from Pepsi at its then present value, as detennined on a pro-rata basis (assuming a standard 30-day month) based on the amount ofthe Scoreboard which is "earned" by the County to date under this Agreement. The initial value of the Scoreboard shall be deemed to be $9,700.00 and the G:\ATIY\AGREEMNT\PEPSI COLA 00 -5- ; ~ ...., "" Scoreboard shall be deemed to be "earned" by the County through full compliance with the terms of this Agreement at a rate of $80,83/month, 13, Rig:hts upon Termination. Upon termination of this Agreement by either party, the County shall permit Pepsi reasonable access to the Locations, free from any claims of trespass, for purposes of removing the Vending Equipment and any other Pepsi property at the Locations within thirty (30) days from termination of this Agreement. Pepsi shall use its best efforts to leave each equipment site in the condition in which it existed prior to placement of the Vending Equipment, excepting reasonable wear and tear and any damage which may have occurred which was reasonably beyond Pepsi's control and/or anticipation, 14, Insurance. Commercial General Liabilitv: Pepsi shall maintain and, prior to commencement of this Agreement, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCD hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured, þ Business Automobile Liabilitv: Pepsi shall maintain and, prior to commencement of this Agreement, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $ I ,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Workers' Compensation and Emplovers Liabilitv: Pepsi shall maintain and, prior to commence of this Agreement, provide the County with evidence of workers' compensation insurance providing Florida statutory (F ,S, 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease, The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal. , t 15, Indemnification. Pepsi agrees to indemnify and save the County (and its directors, officers, employees and agents) harmless from any liability, losses, damages, judgments, liens, expenses and costs (including, \vithout limitation, reasonable attorneys' fees) sustained or incurred in connection with any claims, demands, suits, actions or proceedings made or brought against any such party as a result of any negligent act or omission of Pepsi (or its directors, officers, employees and agents) in the performance of its obligations under this Agreement. The indemnifications contained herein shall survive the expiration or termination of this Agreement. 16, Assig:nment. Neither party may assign this Agreement without the express ....Titten consent of the other party, 17. Verification of Emplovment Status. Pepsi agrees that it shall bear the responsibility for verifying the employment status under the immigration Reform and Control Act of 1986, of all persons it employs in the performance of this Agreement. G:\ATIY\AGREEMNT\PEPSI COLA 00 -6- .... "'" ... 18. Non-Discrimination. Pepsi covenants and agrees that Pepsi shall not discriminate against any employee or applicant for employment to be employed in the perfoonance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupations qualification); or because of marital status, race, color, religion, national origin or ancestry, 19. Notice. Any notices submitted or required by this Agreement shall be sent by registered or certified mail or hand delivered to the parties as follows. To the County: With a Copy to: St. Lucie County Administrator 2300 Virginia A venue Administration Annex Ft. Pierce, FL 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Ft. Pierce, FL 34982 St. Lucie County Leisure Services Director 2300 Virginia Avenue Administration Annex Ft. Pierce, FL 34982 To Pepsi: With a Copy to: t Pepsi Bottling Group 635 Northwest Enterprise Dr, Port St. Lucie, FL 34986 Bottling Group, LLC d/b/a The Pepsi Bottling Group One Pepsi Way Somers, NY 10589 Attn: Vice President and Associate General Counsel Þ t 20, Attorney's Fees and Costs. In the event of any dispute concerning the teons and conditions ofthis Agreement or in the event of any action by any party to this Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, subject to the provisions of Section 768,28, Florida Statutes and in no way altering the extent of the County's liability under 768,28, Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 21, Dispute Resolution. Any disputes relating to interpretation ofthe teons of this Agreement or a question of fact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Pepsi and the County or its Project Manager, At all times, the Pepsi shall carry on the work and maintain its progress schedule in accordance with the requirements of the Agreement and the deteonination of the County or its representatives, pending resolution ofthe dispute. Any dispute which is not resolved by mutual agreement shall be decided in accordance with Section 22 below, G:\ATTY\AGREEMNT\PEPSI COLA 00 -7- ~ ,...., "'" 22. Mediation. Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for S1. Lucie County. The fee of the mediator shall be shared equally by the parties, To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 23, Interpretation: Venue. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for S1. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers and their respective seals hereunto affixed the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ~ Deputy Clerk Chairman APPROVED AS TO FORM Al'iD CORRECTNESS: BY: County Attorney WITNESSES: BOTTLING GROUP, LLC d/b/a The Pepsi Bottling Group þ þ BY: Print Name: Title: G:\ATIV\AGREEMNT\PEPSr COLA 00 -8- '-' .""J ~ EXHIBIT" A" LOCATIONS Premixlbottledlbag in the box: Lawnwood Recreation Area Vending: Lawnwood Recreation Area Lawnwood Tennis Courts Lawnwood Maintenance Shop Lawnwood BasebalI #2,3,4 Lawnwood SoftbalI #2,3 Waveland Beach Savannas Campground Lincoln Park Community Center Fort Pierce Community Center South Beach Boardwalk Lakewood Park Recreation Area Civic Center Pepper Park South County Annex White City Park Open Space Pool PSL Pool Paradise Park Pool MaravilIa Park River Park Marina VilIage Green Fort Pierce Courthouse Juvenile Court Facility South County Regional Stadium ~ I þ ~ G\ATTY\AGREEMNT\PEPSI COLA 00 -9- - - - '-" ...." . . . . . . . _. * n ~ N N N N ~ * 0 Þ-t 0 0 0 0 () ~ (t) 0 b 0 0 Þ-t N I (t) ~ ~ N. N N N ~ (t) v:1 ~ :;> Þ-:rj n U) ÞO--I> _. (t) ~ N >< ¡..Q - Þ-t ~ U) - ~ Þ-t . ~ en . 0 0 Þ-:rj _. Ç) PJ ~ r-+- <: 0 0 ~~ 0 ~ 0 (t) >-c) ~ ::s ::4- 0 ~ >-c) (t) ~ PJ Þ-t ~ r-+- [fJ ~ Þ-t ~ ~ (t) _. r-+- _. ~ ~ CI.I 0- () ~ ~ 0 Þ-:rj (t) PJ r.n. en r.n. r-+- ::4- ~ 0 ~ (D ~ PJ """i U _. ~ """i Z ~ r-+- (D ~ V:t """i tj tj '"d ~. (J) 0 ~ ~ N Þ-t ~ ~ 0... v:1 -. _. . ~ ~ ~ ÞO--I> 0 (J) (t) ~ (t) '"d N 0 V:t U) U) . () 0 UI ~ ~ r-+- U) W v:1 fFj rl- _. 0 (D . ......... ÞO--I> 0 r-+- '"d Þ-t v-. -......J -......J '-/ (t) 0 0 . . ::s >-t PJ (J) UI 0 (J) ~ 0 0 >-t UI (D (t) S (JQ 0 """i >-c) '"d 0 (t) (t) PJ ~ HJ ~ - ~ PJ ~ ~ N en () () ...... 0 ::s ..þ.. (D ~ ~ 0- ::s r::r 0 U) U) .,. ~ r-+- ~ (D (t) ~ 0 U) ~ :=t N 0 0 r-+- ~ ~ """i ~ - ..þ.. ~ . (D N N "'d (J) r::r ..þ.. ..þ.. . 0 >-t Ç) Ç) _. :=t 0 - 0 0 t::I _. (t) :=t r-+- I >< ::s r-+- a: en ..- ..- H (Jq . (t) (t) 1:1:1 H U) U) ~ . . t;II: ~. .1' -10- AGENDA REQUEST ....., ITEM NO. ~ DATE: June 5, 2001 "" ~ t- w REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING SUBJECT: Approve the renewal of the discount agreement with Office Products & Services for the Purchase of Hon office furniture. RUTH TOTTON BACKGROUND: The County has seen the necessity to continue this contract from year to year to take advantage of the discounts provided in the bid based on purchases in excess of $1 00,000. Other agencies in the county take advantage of this agreement (School Board, the cities, Fire District, etc.) All purchases combine to increase the discounts. No quantities are required or guaranteed. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the contract and authorization for the chairman to sign the contract. COMMISSION ACTION: Änderson County Administrator [xJ APPROVED [] DENIED [ ] OTHER: County Attorney:(X) {ftr' Coordination/Siqnatures Mgt. & Budget Purchasing Mgr,:(X) Other: /J ___ ¿;--- I~ /, Originating Dept: Other: Finance: (Check for Copy oniy, if Applicable)_XX_ Eff, 1/97 G:\COMMON\AGENDAS\OTHER\Hon Agreement 01 wpd '-" ...., ~ , St. Lucie County, Florida Account Purchase Agreement AGREEMENT dated June 12, 2001 between Office Products & Services, Inc. representing The Hon/Allsteel Companies as the "Seller" and St. Lucie County, Florida as the "Buyer". WITNESSETH: Subject to the St. Lucie County purchasing procedures, the buyer may purchase certain office furniture and equipment from the Seller, based on St. Lucie County Bid #95-30, and described in The Hon/Allsteel Companies price lists for the period commencing July 1, 2001 through July 1, 2002 upon and subject to terms and conditions as stated herein. Other government entities are entitled to use this contract with the same terms, conditions and discounts applicable. , 1. DÍScount Schedule. The following is the schedule of pricing in percentage of discount from suggested list prices in effect at time of order entry. Bid pricing does not apply to "SPECIAL" products, unless otherwise noted. t LIST LESS 54% Concensys, Terrace Plus, and 8000 Panel Systems and components. LIST LESS 55% Vertical Files: All standard vertical file series, all vertical me hangrails, follower blocks and locks kits. (Excludes Flamesafe Files). '-' .""" " ~ LIST LESS 53% LATERAL FILES: All Current Series: 400, 500, 600, 800, 9000, Premium 1400, 5400, 4400, all Hangrails, Dividers and Tops. SEATING: ALL Current seating lines, all coordinating seating arm packs . SYSTEMS: All Current Simplicity II panels system components, tackboards, 6400, 6600, Megaworx, Ultraworx, series computer furniture. I CASEGOODS: ALL Current Wood Veneer Casegoods, Laminate Wood Casegoods, Tables- Wood Veneer, Laminate, 5100,6100, Steel tables, Essential Foundations, Steel Casegoods, Deluxe Series (only) Folding tables. LIST LESS 50% Flamesafe Files þ ORDERS $25~OOO.OO LIST PRICE AND ABOVE: *On orders of this magnitude, Seller welcomes the opportunity to assist Buyer in the planning, specifying, delivery, and installation of Seller's products to effect additional cost savings to Buyer. .,. .... 2. SERVICE LEVEL Delivered and installed covers a shipment received, placed in a specified area and made ready for use by Seller's personnel or authorized representatives of the Seller. Delivery and installation is based on performance during normal working hours and non-construction trade union labor. 3. EXCEPTIONS . I The above list of discounts apply to all Seller's standard systems, chairs, filing, storage equipment, desks, tables and bookcases. The above price structure excludes specials and parts as shown in the Parts Price List. 4. PAYMENT TERMS , I Net 30 days 5. FREIGHT POLICY f , All slùpments are F.O.B. destination. However, product must be slùpped on a regular order slùpment. Rush items and items in the Parts Price List are excluded. 6. PURCHASE ORDERS ~ All purchase orders made by the buyer shall be in the form of written purchase orders. Purchase orders will be placed with: Oftice Products & Services, Inc. 208 Ave A Ft. Pierce, FL 34950 7, ACKNOWLEDGEMENTS All purchase orders will be accepted, based on current acknowledgement dates prevailing at time purchase order is received, unless a specific date is required and is mutually agreed to at the time of acknowledgement. 8, ADDITIONS TO ORDERS Once an order is acknowledged by Seller, Buyer cannot increase quantities without approval of Seller. ~ , Respectfully submitted for approval and acceptance by: t t I Office Products & Services, Inc. FI The Hon/Allsteel Co. Bid Department 200 Oak Street Muscatine. IA 52761 BID QUOTATION # 107945/108527 Approved and Accepted by: St Lucie County, Florida name title Date: omce Products & Services, Inc. ~ C-- ~~hÀÁ name /te s;r1 (¿/lcf title Date: r; /gþ/ / """" '" '-' ...J '" BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT CHAP-LES L. ßICHT, 51',_ Director . April 18, 2001 . The Hon Company c/o Qffice Products & Services Bid Department Attn: !v!r, Robert Tillman 208 Avenue A Fort Pierce, FL 34950 Dear Mr. Tillman: t The St. Lucie County Board of County Commissioners has enjoyed the discounts allowed, over the previous years, based on our Bid #95-30, The County would like to continue to be able to receive these discounts by renewing our annual contract at the same terms and conditions. The latest contract (#C99-005-423 Hon /Allsteel bids 060412/071723) will expire on July 1, 2001. I Therefore, if in agreement, please forward your intentions to me as soon as possible to avoid any lapse between contracts, Sinzerel , " -/ / .··Wit ~fl#7U ,c";!. ./ Ruth Totton Interim Purchasing Director RT:mc JOHN D. DRUHN, District No 1 . DOUG COWAf\D. Districr 1'0_ 2 . PAULA A. LEWIS, Dlsrricr No.3' FRANNIE HUTCHINSON, Disrrict No_ 4 . CUFF DARNES, District No_ 5 County Administrator - Douglas M. Ancerson 2300 Virginia Avenue . Fort Pierce, FL 34982-5652 . Phone (561) 462-1700 F!\X (5ò1) 462-1704 . TDD (561) 462-1428 ". "-' AGENDA REQUEST I~ NO. C-3-B DATE: June 5, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: t SUBMITTED BY(DEPT): PURCHASING RUTH TOTTON SUBJECT: Approve the Auction Contract with Karlin Daniel & Associates, Inc. BACKGROUND: It is the intent of staff to hold an auction to dispose of surplus vehicles and equipment on June 3 Ö, 2001. In accordance with the County Purchasing Manual staff requests waiver ofthe bid process and award the contract to Karlin Daniel & Associates by "piggy-backing" the Martin County contract. All items placed in the auction will comply with the "no liens" requirement. þ FUNDS AVAIL.: N/A I PREVIOUS ACTION: August 8,2000 Approved Karlin Daniel & Associates, Inc. Auction Agreement RECOMMENDATION: Staff recommends approval of the auction agreement to Karlin Daniel & Associates, Inc. and authorization for the chairman to sign the agreement. COMMISSION ACTION: CE: [x] APPROVED [] DENIED [ ] OTHER: Coordination/Siqnatures County Attorney:(X) "\~ ~ D <f1'"\ Originating Dept: Mgt. & Budget: Purchasing Mgr.:(X) /'~ e/> Other: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eff, 1/97 G:\CCMMON\AGENVAS\WAIVERS\Auction Contract with KD&A.wpd ~ Karlin Daniel & Associates, Ir~ 50 SE Kindred Street· Suite 103 . Stuart, Florida 34994' (56t)220-2V'L# AB878-AU1207 This AUCTION AGREEME~', made and entered into this ~ day of by and between St. Lucie County Board gf county Commi8~foners of 2300 Virqinia Avenue. Ft. Pierce. Florida hereinafter referred to as "SELLER I! and KARLIN DANIEL and ASSOCIATES, Inc. Auctioneers Real Estate Brokers. and Yacht Brokers, hereinafter referred to as IIAUCTIONEER". Por good and valuable consideration, the receipt and sufficiency of which ia hereby acknowledged, the Seller does hereby give Auctioneer the exclusive right to Bell at public auction the following described real and/or personal property, to wit: Obsolete and surplus property (see att~ched list) Auction location: 3071 Oleander ~~e., Ft. Pierce, Ylorida The Seller does hereby agree to pay to the Auctioneer for its services in conducting said sale a fee of ~ percent of the highest and last bid, made and taken on said real property, notwithstanding the owners refusal or inability to transfer title to said property, and ~ percent of the net bid(s) on said personal property. The fee is to be paid out of first proceeds received from the sale. In no event shall the total fee be leas than as stated due and payable the day of sale. However, the fee may be deducted from the Seller's fUllds at closing in the event Auctioneer elects to delay payment. This auction (is) {is Ret, subject to a lOt Buyer's Premium; and in the event the Buyer's Premium is a term at the auction, all references herein to highest and last bid shall include said Buyer's Premium. The Seller hereby agrees to pay the fOllowing auction expenses over and above the fee percentage stated above: Advertising $___. -0- Survey $ -0- Tent $ -0- Repairs $ -0- Catering $ -0- Other $ -0- The Seller warrants that (1) it (is)+aEe+ the sole and legal owner(s) of all the real and/or personal property mentioned in thi;--~ntl (2) the real and/or personal property is free from any and all liens, adverse claims, encumbrances, concealed physical defects and any environmental problems as defined by Federal or State law except as listed in this paragraph; and (3) ~ (has)~ full authority to sell and to dispose of said property in accordance with this agreement and will give marketable title to said property. No liens exis~. AUCTION AGREEMENT Mav 20--º-! -- Auction Set-up $---=--º--=---- ß---4--s llaåeretsºQ 1I.Rg ag;¡¡;eerå that Rgae sf the ~r43Ferty lt9reiR listed fg); s31e 1311311 1:79 ~·itb:¡lr3.t'll f:FÇ!m tAis 3grssmsR'" <:m<;09pt b}r the e]~:rRøs ,¡;ittea GgaB9Rt ;;;of tAg }\\1Qt.igaasr The Auctioneer agrees to use its best efforts to obtain the best possible price of said property and to do all things necessary to effect such sale. It is understood and agreed that the Auctioneer by this agreement assumes no liability for the 108s by fire, theft, destruction or damage to the property to be sold or to the premises where the sale is to be conducted or for any losses or deficiencies caused by insufficient funds on any checks received for payment for any property sold. The terms of the above mentioned sale are in accordance with terms and conditions of Martin County contract #RFP 65-98. renewed 6/15/00, and as follows: Evervthinq sells 'IAS IS, WHERE IS "; payment made In cash. cashier's check or check with bank letter of quarantee. A 10\ buyer's p~emium shall be charqed and retained bv auctioneer as fee for services. Settlement of auction proceeds will be on the loth bankinq da~ followinq the auction. In the event that the terms of this auction require an earnest money deposit, and the purchaser at auction then defaults, the earnest money deposit will he divided equally between the Seller (as damages) and the Auctioneer (as fee). In no event shall the auctioneer receive more than the fee shown above. The Auctioneer shall also receive accrued interest on any escrowed funds. This Agreement is binding upon the parties hereto and their heirs, successors and assigns. Seller hereby agrees that any suit, action or legal proceeding arising out of or relating to the auction shall be brought solely and exclusively in the courts of the State of Florida in and for St. Lucie County, Florida, consents to the jurisdiction of such court in any suit, action or proceeding and waives any objection which it may have to the laying of venue of any such suit, action or proceeding in such court. Further, the parties acknowledge and agree that this Auction Agreement and all transactions contemplated by this Auction Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida without regard of principles of conflicts af laws. In the eve~t that Auctioneer is required to take any action to enforce the terms of this Auction Agreement, the prevailing party shall be entitled to recover all of their reasonable attorneys' fees and costs. Reasonable attorneys' fees shall include those fees incurred (a) before, during and after litigation, including those incurred in attempting collection without litigation, (b) in litigating in all trial and appellate levels, (c) in any bankruptcy proceeding and (d) in any poat-judgment proceeding. SELLER DOES HEREBY W~VE THE RIGHT TO TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING IN CONNECTION WITH THIS AUCTION AGREEMENT OR THE AUCTION ITSELF. All parties signing this Auction Agreement in any representative capacity represent that they have the authority to sign on behalf of such party or entity. Said Auction is to be conducted on the 30th day of June 20~ at 10100 a.m./p--..-m.-.. TIle personal property listed herein is being sold on a{n) ABSOLUTE basis. WE HAVE READ THE ENTIRE CONTENTS OF THIS AGREEMENT. UNDERSTAND FULLY THE CONTENTS THEREOF. ACKNOWLEDGE RECEIPT OF A COPY OF SAME. We are not relying upon verbal statements not contained herein. S8'" 8ELLER__" SSH SELLER AUCTIONEER: KARLIN DANIEL & ASSOCIATES, INC. By J' ':1.. I MARSHAl. L. WILCOX Commissioner; DlsIrfct 1 DENNIS H. ARMSTRCNG Commissioner, DIs1rict2 JANET K. GETTIG - ComllÙS$ioner, Dls1rict 3 ELMIRA R. GAINEY Commissioner, Disttict 4 CONNA SU'TTER MElZER Commissicner, Dfs1r!ct 5 RUSS SLAC:æURN County Adminfslratcr QAR'f OLDEHOFF COunly Attomey l'E1.SFHONJ;; 561-2S8-8400 WEB ADDRESS http://www,martin,fLus ~~ MARTIN COUNTY BO.A.-RD OF COUNTY COlo/ThllSS10NERS 2401 S.E. MONTEREY ROAD . STUART, FLORIDA 34SS6 ...." May 18, 2000 File: aspOOI.44bì IJ Karlin K Daniel Karlin Daniel & Associates, Inc. 50 SE Kindred Street, Suite 103 Stuart, FL 34994 ., RE: RFP #65-98, Auction Services Dear Mr. Daniel, The referenced contract for Auction Services expires on June 15, 2000. The contract contains provisions for renewal options if both parties are in agreement and there are no changes to the terms and conditions. Price escalations may be approved with written justification and if a market sur- vey indicates an increase in the industry. . ., Martin County would like to renew this contract for the next twelve month period beginning June 15,2000 through June 15,2001. If Karlin Daniel & Associates, Inc. is in agreement, please sign the attached renewal form and return to the Purchasing Division by May 30, 2000. (Please include all documentation and jUstifications if you are requesting price escala- tions.) If you do not wish to renew this contract, please indicate in the space pro- vided and return to the Purchasing Division no later than May 30, 2000 so that we may begin the bid process in time to have the contract in place as soon as possible thereafter. . Your COoperation is sincerely appreciated. Please do not hesitate to con- tact me at (561 )288-550Q. Sincerely, .~ . . - . .'-. ....- .. " l ì I ~\ -!- '-' ....J CONTPACT RENE'NAL AUCTION SERVICES RFP #65-98 .] Karlin Daniel & Associates, Inc. does intend to renew the contract for Auction Services for an ad- I Ii ditional twelve month period beginning June 15, 2000 with the same terms and conditions. . I ~ v ï- . I t·~) I I Karlin Daniel & Associates, Inc. does not intend to renew the CUrrent contract for Auction Services for I I the following reasons: , . I Autho~zed Signature l I I I I Authorized Signature I J I f I I Date " I ' I I . DENNIS H. ARMSTIICNG it Commissioner; Dlsb1ct 2 JANETJ<. GETTIG 1- CommiSsioner, District 3 I!LMIRA R. GAINEY Commissioner; District 4 Þ 1- DONNA SUT'I'ER M!I.ZÐ! Commissioner; DIsIrfct S I I GARY OLrlErlCFi' . - County Attorney I I I I I I- I I. I~ I. , )' MARSHAL L. WILCOX Commlssicner, District 1 RUSS SLAcxaURN County Administrator T!1DHONE S61-2S8-õ40C WEB ADDRESS hitp://www.martln.ß.us ~TIN COUNTY -..I BOARD OF COUNTY COlVIl'illSSl0NERS 2401 S.E. MONTEREY ROAD· STUART. FLORIDA 34996 July 23,1999 File: asp991.708.· Karlin K Daniel Karlin Daniel & Associates, Inc. 50 SE Kindred Street, Suite 103 Stuart, FL 34994 RE: RF? #65-98, Auction Services Dear Mr. Daniel, The referenced contract for Auction Services expired on June 15, 1999. The contract contains provisions for renewal options if both parties are in agreement and there are no changes to the terms and conditions. Price escalations may be approved with written justification and if a market sur- vey indicates an increase in the industry. Martin County would like to renew this contract for the first of the two re- newal options for the next twelve month pertod beginning June 15, 1999 through June 15, 2000. If KaJf¡n Daniel & Associates, Inc. is in agreement, please sign the attached renewal form and return to the Purchasing Divi- sion by Jljly 31, 1999. (Please include all documentation and justifications if you are requesting price escalations.) If you do not wish to renew this contract, please indicate in the space pro- vided and return to the Purchasing Division no later than July 31, 1999.so that we may begin the bid process in time to have 1I1e contract in place ·as .. soon as possible thereafter. . Your cooperation.is sincerely appreciated. Please do not hesitate to con- tact me a (561)288-5509.· Sincerely, ~~f¡~~M Purchasing Administrator I , I I I I I ~ I I I I , I I ~ I I I I I I I I I '-'" .....,¡ CONjRACï RENE'I'IAL AUCTION SERVICES RFP #65-98 Karlin Daniel & Associates, Inc. does intend to renew the contract for Auction Services fer an -ad- ditional twelve month period beginning June 15, 1999 with the sarna terms and conditions. . ~ ¡-: ])a-:£ Authori eel Signature , Date Karlin Daniel & Associates, Inc. does not intend to renew the current contract for Auction Services for the following reasons: Authorized Signature _ Date ~ ",=, ........"..·.w~7···--- .wut.1:S";~~Q -.", ~A", 3AlNeY Ci_. co""'" SJT:ë¡ ,"~ ~~ I I I :::::: L ;\lTY 0;: j'/L~..~J¡]\j . I June 2, 1998 File: a...~98L677 I I PRO<J"'ECT DESCRIPTION: I I You are hereby notified that the BID submitœd on Ma.y 26, 1998, was approved by County Administrator, Russ Bla.ckbum, on June 2, 1998. II I I ~ I ~I I B . y; Karlin K. Daniel I. 'This the 4th. ~y - June 017 ;.:~. Sigcarore: ¥,ý7~ ~4 ~f- I c:c: Helen Fisher I I I q- - 'WI "" BOARD OF COUNT{ CONflI¡flSSIONERS 2401 S.E. f\lIonterey Road · Stuart, Ronda. 34996 ;;uss euc:<aURN c::mrv ,.I,CI.UM$'i:=IATCJ=I .~Ne ::6n zas..S-"'CQ -..... s.....-.--. ..-..¡ _ -.,- ~.... ~ -.. . _r\ . ._ ! . '__ ,_1-1 r -~.~~; 'Õ' --.., J J __ ~ t . ....~. I~"'-'" NOTICE OF AWARD Karlin Da.me!s &; Ass"cia.tas, Inc. 50 SE Kindrad Street, Suite 103 Stuart, FL 34994 Auction Servicæ Bid #RFP #6õ-98 You 8l"9 required to return an acknowledged CQ1iy of this Notiœ of Award to Martin County no la.ter than June 15, 1998. ~.... Tb.a.clt you for-your participation in our biddmg process. We look forward to doing bus±c.ess with yo~ < ~Õ:~~~1jm<tratar ACCEPTANCE OF NOTICE ~s:i.pt of the abave NOTICE OF AWARD is hereby aclmowledged . ~tle: Presiden~ - , ' '-' AGENDA REQUEST ITEM NO""'-' C-4-A_ DATE: June 5, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV p~~ P. M. Bowers, Manager Road & Bridge Division TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: For approval of the first amendment to the contract with Stewart Mining Industries, Inc., COO-06-418 for the purchase of shell and coquina rock by St. Lucie County Road & Bridge Division, BACKGROUND: The contract with Stewart Mining Industries, Inc., was approved by the Board on June 27,2000, for the purchase of shell and coquina rock by the County for a period of one (1) year, with an option to renew for two (2) additional terms of one year each under the same terms and conditions of the original contract. Attached are the four signed original first amendments to the contract. ~ FUNDS AVAILABLE: 101-4110-553200-400 - Transportation Trust - Maintenance Road Materials 101-4108-553200-400 - Transportation Trust - Drainage Ops Road Materials . PREVIOUS ACTION: Sole Source contract with Stewart Mining Industries, Inc. approved 6-27-00 , þ RECOMMENDATION: Staff recommends the approval of the First Amendment to the sole source contract with Stewart Mining Industries, Inc., and authorize the chairman to sign the contract. [~ APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: [X]C,,'",,""'"" ~ ';::7 [X]Originating Dept. Public Works '{¡Ì/ Coordi nation/Si gnat" res [X]Mgt. & BUdge~ [ ]Co, Eng [X]Purchasing I r [ ]Road & Bridge [ ]Finance (check for copy only, if applicable) þ ~ þ þ " , ~ ~ FIRST AMENDMENT TO JUNE 27, 2000 CONTRACT BETWEEN ST. LUCIE COUNTY AND STEW ART MINING INDUSTRIES, INC. FOR PURCHASE OF SHELL AND COQUINA ROCK THIS FIRST AMENDMENT is dated this day of , 2001, by and between THE COUNTY OF ST. LUCIE, FLORIDA, (the "County"), and STEWART MINING INDUSTRIES, INC., (the "Contractor"). WHEREAS, on June 27, 2000, the parties entered into a contract, hereinafter referred to as the "Contract ," wherein the Contractor agreed to sell and the County agreed to buy shell and coquina rock (collectively "Rock") on an "as needed" basis for use by the St. Lucie County Road and Bridge Division; and, WHEREAS, the parties desire to amend the Contract to renew their option to extend the Contract for an additional year from June 27, 2001 through and including June 26, 2002. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph Six of the Contract shall be amended to read as follows: II. TERM The term of the Contract shall continue through and include June 26, 2002. The term may be extended for one (1) additional term of one (1) year upon the same terms and conditions. 2. All other terms and conditions of the original Contract and the First Amendment to the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 9:\otty\o9reemnt\stewort 2A 1 t ~ þ .d ATTEST: y SECRETARY g:\at1y\agrumnt\stewCII't 2A ...", APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY STEW ART MINING INDUSTRIES. INC. ~ If... ~ BY:~~ PRESIDENT 2 ~ ) REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (XX) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~/l SUBMITTED BY (DEPT): Public Works Dept./Solid Waste Division ~ . Leo J. Cordeiro Solid Waste Manager '-' ...........1M NO. C- 4b ~ TE: June 5. 2001 AGENDA REQUEST . SUBJECT: Staff requests the Board of County Commissioners approve the May 15, 2001-proposal from Camp Dresser & McKee, Inc., for providing professional engineering services related to the design, permitting, and construction work for the Balefill/Recycling Facility at the Glades Road landfill, for the total amount of $379,600. BACKGROUND: · Additional design and permitting services: The project scope has changed through the course of the project impacting the project size, complexity, site layout, utilities and emergency power. It also required significant amount of time during the planning stage for the project to insure a state of the art facility, incorporating many features desired to address "lessons learned" from other baling facilities around the Country. · Design, permitting, and construction services for additional features such as: Fire Sprinkler System Emergency Power System Electric/Fiberoptic Connection · Original construction time extension from 7 months to 9 months. · Additional construction time extension through Change Orders to the Contract for a total of 151 calendar days. þ FUNDS AVAilABLE: Funds are available in Account # 401-3410-599300-3605 and will require a line to line, moving funds to Account #401-3410-562005-3605, upon Board approval. PREVIOUS ACTION: On October 13,1998, the Board of County Commissioners approved the proposal from CDM for design, permitting, bidding and service during construction of the Balefill/Recycling Facility at the Glades Road landfill, for the total amount of $739,500. This agenda request was first presented on May 22, 2001. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the May 15, 2001-proposal from Camp Dresser & McKee, Inc., for providing professional engineering services related to the design, permitting, and construction work for the Balefill/Recycling Facility at the Glades Road landfill, for the total amount of $379,600. COMMISSION ACTION: :!rI APPROVED o DENIED o OTHER: Review and Approvals ?hfla1!Jt¡ o Purchasing: ¡¡¡ County Attorney:~ III Management and Budget: ¡¡¡ Originating Dept: (Pub. WkS.~ ¡¡¡ Other: (Landfill I o Finance: Check for copy only, if applicable: o Other: Anyone with a disability requiring accommodations to attend this meeting should contact the SI. Lucie County Community Services Manager at 561-462-1777 or TTD 561-462-1428, at least 48 hours (48) prior to the meeting. f cDM Cam~esser & McKee Inc. ...." consulting 1701 State Road A-1-A. Suite 301 engineering Vera Beach, Florida 32963 COfIStIt/Ctkx Tel:561231-4301 Fax:561231-4332 """",lions May 15, 2001 Mr. Leo Cordeiro Solid Waste Manager St. Lucie County 6120 Glades Cut-off Road Fort Pierce, Florida 34981 Subject: Baling Facility Construction and Engineering Services Glades Road Landfill St. Lucie County, Florida Dear Mr. Cordeiro: Transmitted herewith is Camp Dresser & McKee's proposal for construction and engineering services in connection with design, permitting, and construction work of the Solid Waste Baling Facility. þ To summarize, Scope of Services for this proposal includes the following items: · Additional Design and Permitting Services: The project scope has changed through the course of the project impacting the project size, complexity, site layout, utilities and emergency power. It also required significant amount of time during the planning stage for the project to insure a state of the art facility, incorporating many features . desired to address "lessons learned" from other baling facilities around the Country. · Design, permitting, and construction services for additional features such as: Fire sprinkler system. Emergency power system. Electrical fiber optic system. · Original construction time extension from 7 months to 9 months. · Additional construction time extension through change orders to the Contract for a total 151 calendar days. This proposal will bring the total engineering and construction fee on this project to 12.8% of the total project cost, which is well below the industry range of 15% to 20% for similar type projects. We appreciate the opportunity to continue serving St. Lucie County on this important and exciting project. þ Very truly yours, j1M; DlïSSE ~¿e,p.E. ~ lex H. Makled, P.E., DEE Associate -' File: 6277-25409-074 rb36C6.doc I þ þ , ¥ 'wfIÎ ST. LUCIE COUNTY SOLID WASTE MANAGEMENT AGREEMENT FOR PROFFSSIONAL SERVICES I. PROmCf DESCRIPTION Consulting engineering services assisting the County in performing various tasks associated with the solid waste system. .. !~ :~ }"-~. . II. SCOPE OF SERVICES Reference is made to the attached Scope of Work and the "Agreement for Professional Services" dated April 11, 2000. m. CONSULTING ENGINEER INSURANCE REOUIREMENTS A. Professional Liability Insurance with limits of liability no less than one million dollars ($1,000,000) per occurrence. B. Worker's Compensation Insurance in accordance with Florida Statutes. c. Employer's Liability with minimum limits of one hundred thousand dollars ($100,000) each accidenl D. Comprehensive General Liability with a minimum limit of five hundred thousand dollars ($500,000) combined single limit for Bodily Injury and Property Damage. IV. COMPENSATION FOR SERVICES Compensation for services shall be as follows in accordance with the "Agreement for Professional Services" dated April 11, 2000. TASK FEE/LUMP SUM Professional Engineering and Construction Services $379,600 rbJS97.do< ! , þ '. ~ WITNESS: WITNESS: q.A-v- ") 9'7.doo ...., ST. LUOE COUNTY BOARD OF COUNTY COMMIæIONERS By: Chairman . .. APPROVED AS TO FORM AND CORRECfNESS: County Attorney CAMP DRESSER & McKEE INC. ¿;:2n~ By: 4 ~/~~te 2 , ;·)<ie· .~ ;~~~~' ,- }~~::~ ;;..;;¡¡¡,ot, ._~'~'!?r- ,~j~*; '-!~~~~ .;;;~. :'I,1im::, ;.:. ..: 'ff' ~C' ~:t;~$:,· ..- . , , , þ , þ '. '-' ....,; EXHIBIT A ST. LUGE COUNfY, FLORIDA SOLID WASTE SYSTEM SCOPE OF SERVICES GENERAL Camp Dresser & McKee Inc. was authorized in November 1998 to provide design, permitting, bidding and construction services to assist the County in constructing a Baling Facility at the Glades Road Landfill. The facility is currently under construction with an anticipated final completion date of October 13, 2001. The project scope of services has changed through the course of the project impacting project size, complexity, site layout, utilities and emergency power. The following tasks discuss several changes which have significantly affected the project. ¿~"~t'· Task 1 - Additional Design and Permitting Services The project scope of services in November 1998 evolved into an expanded facility incorporating recycling efforts, citizen drop-off and a new administration building. The original proposed site layout was expanded to increase the size of the tipping floor and incorporate a citizen drop-off area on the south side of the facility. A two-story administration building was also added to the project scope. These additions increased the overall project complexity and impacted site utilities and other aspects of the existing operation. . Task 2 - Fire Sprinkler System Wlúle the Contractor was obtaining building permits for the project, it was detennined that a fire sprinkler system would be required. CDM staff had previously coordinated with the Fire Marshall and determined that fire hydrants would be provided in lieu of the sprinkler system due to the nature of the facility. This change resulted in additional design, permitting and construction time to the overall project. The Contractor's impact has previously been approved by Change Order No.1. Extension of water mains as required by the Fire Marshall are included in O\ange Order No.2. Task 3 - Emergency Power System As directed by County staff, CDM investigated utilization of onsite landfill gas to provide emergency power for the facility. Reliability and storage of the landfill gas supply limited the potential usage for emergency power generation. A diesel-powered emergency generator system with applicable fuel storage tank and piping has been designed for the facility. Additional design and construction services were required to facilitate the addition. The Contractor's additional costs and time are included in Change Order No.2. '¡'3597.dac A-I ~ \r "wtÎ Task 4 - Electric/Fiberoptic Connection County staff indicated during construction that it would be advantageous to connect to the County firberoptic system and existing administration building, fuel storage tank and scalehouse. CDM met with County IT staff and BellSouth to facilitate the requirements necessary. Additional conduit required in the new administration building and to existing facilities were included in Change Order No.1 to the Contract. Task 5 - Construction Time Extension I Construction time authorized in the November 1998 authorization was estimated to be seven months. Additional features, building size and administration building inclusion were not included in the estimate. Inclusion of these items resulted in extension of the contract time to nine months (two additional months). General, special and resident services during construction are impacted. :;~:~': .~. ,-;';,i: ·~~\7t. Task 6 - Construction Time Extension - Contract Change ,.¡,:~, Construction time has been granted to the Contractor through Change Order Nos. 1 and 2 Change Order No.1 allowed an addition of 49 calendar days for additional work. Change Order No.2 allows for an additional 102 calendar days for additional work. General, special and resident services during construction are impacted. :t-!o~.I' " sa-IEDULE þ Work will progress to match the construction contract. The substantial and final completion dates as a result of Change Order No.2 are July 15,2001 and October 13,2001, respectively. ~ þ 11>3597.doc A-2 . I ffi ~ m ~ 5 ~C) a wæ w ...... ~ ..:; ~~ Z DC .., ... 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AITACHMENT C BUDGET PROJEcr: Professional Engineering and Construction Services PROJEcr DESCRIPTION: As Outlined in the Scope of Services, Attachment A REFERENCE: Agreement between St. Lucie County Board of County Commission and Camp Dresser &: McKee Inc. Labor Cateßory Hours Dollars Officer 78 $4,290 Principal/ Associate 240 10,800 Senior Professional 528 20,064 Professional II 264 7,920 Professional I 88 2,200 Designer 56 1,680 Drafter 308 6,160 Field Staff 1,224 30,600 Admin Support 448 6.720 TOTAL HOURS 3,234 $90,434 TOTAL DIREcr SALARY $90,434 Plus 39.3% Fringe Benefits $35,541 TOTAL LABOR COST (Salary x 2.35) $296,040 OUTSIDE PROFESSIONAL SERVICES Electrical - Smith Engineering Consultants, Inc. $25,500 Architectural- John Dean Architect $25,000 Structural - Jenkins & Charland $15,000 OTHER DIREcr COSTS Communications, CADD, printing, word processing, etc. $18,077 TOTAL ESTIMATED COST $379,617 USE A LUMP SUM AMOUNT OF $379,600 11>3597.doc C-I .'.... '\ "'" AGENDA REQUEST ..., ITEM NO. C-4C DATE: June 5, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 ·~L Donald B. We t, P.E. County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Cooperative Agreement between St. Lucie County and South Florida Water Management District in the amount of $700,000 for the Taylor CreeklC-25 Restoration Project. BACKGROUND: Attached agenda was approved by the Board on May 1, 2001, SFWMD would like to change the agreement terms from 36 months to 30 months because of internal documents with conflicting terms. FUNDS AVAIL.: PREVIOUS ACTION: May 1,2001 - Cooperative Agreement approved, RECOMMENDATION: Staff recommends Board approve the agreement terms of 30 months, and initial by the Chairman, COMMISSION ACTION: NCE: u sAnderson County Administrator þc] APPROVED [ ] DENIED [ ] OTHER: Coordination/Sia natures [xJCounty Attorney 4~ cÝ' ()4"""'t [x]Originating Dept. Public work~ ~ ~. [ ]Finance (check for copy only. if applicable) taylorc25sfwmdagmt.ag2 [ ]Mgt. & Budget [x]Co. Eng ...ÀrJ\ , ( [ ]Purchasing []Other .. \r AGENDA REQUEST ..., ITEM NO. C-. 4 - D DATE: June 5, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV --~UlJ~~ Sandy Bogan, upenntendent Environmental learning Center SUBJECT: Budget Amendment and Equipment Request. BACKGROUND: In the continuing effort to build educational exhibits for the Oxbow Eco-Center (A St. Lucie county Environmental learning Center), request is being made for the ssecond in a series of exhibits. The cost of this second exhibit, 'The Underground World of a Gopher Tortoise" is $2000.00. 5""4'1'1" 0 FUNDS AVAilABLE: In 001-7912-ã499Ø-700 (Miscellaneous) and will be transferred via the Budget Amendment 01-0155 to 001-7912-564000-700 (Machinery & Equipment) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the Budget Amendment 01-0155to purchase several exhibits for Oxbow Eco-Center and the Equipment Request. ~] APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: [ ]County Attorney ~ ~ {.:)<Yf1-. [X]Originating Dept. Public WorkS~ [ ] Finance (check for copy only, if applicable) :::,:,:::;f~!m [~'"-'''' ff [X]Road & Bridge - '-' ~ BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: OMB FOR PUBLIC WORKS - ENV LANDS 05/31/01 06/05/01 TO: 001-7912-564000-700 MACHINERY & EQUIPMENT $2.000 FROM: 001-7912-549990-700 MISCELLANEOUS $2.000 J þ REASON FOR BUDGET AMENDMENT: FOR THE PURCHASE OF SECOND OF SEVERAL EXHIBITS PLANNED FOR THE OXBOW ECO CENTER. . þ CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: N/A N/A DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 01-155 G:\BUDGET\QuattroIGENERAL IFORMSlAMENDM01 .wb3 ..... ..., Patricia MCCARREN DESIGN Artistic Design Consultation 407 Indian River Drive Cocoa. FL 32922-7734 321.633.4175 pmccarren@yourlinl::.net Date: 5/25/0 I Oxbow Eco-Center A St. Lucie County Environmental Learning Center Sandra Bogan, Superintendent 5400 St, James Drive, NE Port St, Lucie, FL 34982 Re: Gopher Tortoise Burrow Display PROPOSAL þ Construction of an exhibit showing the underground view ofthe tunnel of a gopher tortoise burrow, featuring three-dimensional root structures, gopher tortoise eggs (in shallow sand skirt), and other burrow residents who may occupy pockets within the tunnel. This display will be ftee-standing to be utilized for educational purposes and will also fit into the ftont portion of the main gopher tortoise display. DIMENSIONS: Approximately 29 " height x 22 "width x 8" deep DlSPLA Y: Display will include tunnel coming down ftom burrow opening, gopher tortoise eggs in shallow sand skirt, and burrow residents, such as the gopher ftog, gopher cricket, indigo snake, etc. Back will be covered with velcro acceptable material. ~ þ Amount due: $2,000.00 , AGENDA REQUEST ITE~JO. C-5 DATE: June 5, 2001 REGULAR [] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Permission to Advertise Public Hearing BACKGROUND: The Office of Management and Budget is preparing the annual Fund Balance Forward update which will be presented to the Board in the near future. At the same time, staff needs to establish transfers between funds in order to accommodate the salary and benefits adjustments and to close completed project funds. Florida Statutes require that a public hearing be held on both matters. Staff request the Board's permission to advertise the public hearing in compliance with F.S. 129.06 (2)(f). FUNDS AVAilABLE: 001-1301-549000-100 General Fund - OMB (Advertising) PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board give permission to advertise a public hearing for the purpose of updating the budgeted Fund Balances and establishing transfers. [x] APPROVED [] DENIED [ ] OTHER: oug Anderson County Administrator COMMISSION ACTION: Coordination/SiQnatures County Attorney: XX ')~ r WI-! Management & Budget: ~mr;urChaSing: Orig Dept: Central Services: Finance: (Check for Copy only, if applicable) 1- G:\BUDGE1\WPIAGENDA'SlAgendaOI\0ó'05 Public Hearing.wpd , . '-' AGENDA REQUEST ....,; ITEM NO. C-6 , DATE: June 5, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: Civil Traffic Infraction Hearing Officer Grant-in-Aid BACKGROUND: See attached memorandums from Tom Willis, Court Administrator FUNDS AVAILABLE: Civil Traffic Infraction Fund Reserves 183005-769-599300-6000 PREVIOUS ACTION: The grant was also applied for last year and was received. RECOMMENDATION: Staff recommends authorization to apply for the Civil Traffic Infraction Hearing Officer Grant-in-Aid, and authorization to provide the $15,000 match. [x] APPROVED [ ] DENIED [ ] OTHER: COMMISSION ACTION: Review and Approvals County Attorney, Management & Budget Purchasing, Originating Dept. Other, other, Finance, (Check for Copy only, if applicable) Eff, 5/96 .,.~ AGENDA REOUEST ~ ITEM NO. C-6 if '-" DATE: June 5, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITIED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: Civil Traffic Infraction Hearing Officer Grant-in-Aid BACKGROUND: See attached memorandums from Tom Willis, Court Administrator FUNDS AVAILABLE: User Fees PREVIOUS ACTION: /,/lIJ 6..-V7?,~/ .I~" <;., ,/.?{/>,o ,(J/p1&. t:>'? ~ þ.~--;--/ G;J.~ ,..ðµ-07 ¿..~ '- ,,{ éCL/ /Æ. Q RECOMMENDATION: Staff recommends authorization to apply for the Civil Traffic Infraction Hearing Officer Grant-in-Aid, and authorization to provide the $15,000 match. ~ COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Douglas Anderson County Administrator Review and Approvals County Attorney' Management ~ Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 . ~IAY-29-2ØØ1 \...;5 FRŒ COURT ADMIN. 19TH CIRCUIT TO 2131 P.03 ""'" .....i·r-:r- ~. ."~.. .. ",:..~...¡r" '.... ,.-- ~"""'-'~ ·~1 ~,..,-.,._.,,~ ~..~' ;,¡;,i;"... . .~z;'~,#, k:_:'¡'~~' - . ,.=:'* ~-....H ....::\.. ,'~' ¡U t~.~:-::I:~-;';~~ i);~'-'"'''~ ~õ~. .. ~¿ "¡....' '=:.. ....._.~i¡j..,.-~~~.;.¡Jd *"'Z"" !"~~j:- _...~.7'-. ~ ., þo .~...c _1.- - .__u . _.~;..z.::~~ MEMORANDUM 2001-111 TO: Donna Brewer, OSCA FROM: ~ Willis, Court AllminÜ:iird.tlJl DATE: May 29. 2001 RE: St. Lu(;ie County Civil Traffic Enforcement Hearing Officer Please be advised that Honorable Frannie Hutchinson, chairperson of the St. Lucie County Commission has approved a match oUlS,COO if1he state matches $15,000 or $21,118.4& if the state contribution is $9,881.52. THWfds C(; C1ùef Judge Paul B. Kanarek Chiet Judge Elect Marè Cianca Judge Tom. Walsh Li~ Goodner. OSCA Thomoo H. WilliG, COIIft Admini~trator + 2'9 ÇQ\1ft}!Qw:c AdditiOft. 218 Soulb Sewnd St" Fe>rt Pierce., Florida 34950 . (5151) 467.-' 472 MAY-29-2001 25 '-" FROM COURT ADMIN. 19TH CIRCUIT TO ..., 2131 P.02 l\iEMORA~JllTM 2Wl1d..lil TO: Honorable Frannie Hutchinson, Chairperson, St. Lucie County Commission FROM: ~ Willis, Coun Administrator DATE: RE: May 29, 2001 Civil Traffic Infraction Hearing Off,1cer Grant-in-Aid ,~ , Attached is a memorandu:m from Lisa Goodner, Deputy State: Courts Administrator in reference to the FY2001-02 legislative allocation to cowrties participating in the above-named grant-in-aid program. It oppem-:; tha.t St. Lucie County is eIiSl'ble for as much as $15,000 which is normal, or as little as $9,881.52 ifati of the counties cboose to continue participa~on. Based on the fact that St. Lucie County had $40,000 in their CiVIl Traft1c. HDiorcement Officer Trust Fund. Commissioner Bruhn approved last yean. Grant-in-Aid and allowed me to fax same to OSCA. As of May 29, 2001, the Civi1 Traffic Enforcement Hearing Officer Trust Fund had $85,000 in it (all generated from a $2.00 add-on cost to traffic tickets) and (;an easily bandit: either a $15,000 or $21,118.4& match to meet the $30,000 annual budget. I have taken the liberty to compose a memo to Donna :Brewer at OSCA confumíng St. Lucie Counties willingness to continue participation and will fax it to ber with your approval. Please note that we have ;!!. June 8, 2001 deadline. Thank you for your consideration oftbis matt-er. rnW/ds cc Chief Judge Paul B. Kanarek Chief Judge Elect Marc Cianca Judge Tom Walsh Thom1l:l n. WilliB, Comt Admitt~tor . :329 Ctlurthouo~ Addition, 218 South S4cond SI., FOI1 Pjerce, Florid.. 341>50 . (561) 4(\?.1472 ~ .-.H I -'j-o:::::.~l¿I¡ \...,,:> FRO~1 COURT ADM IN. 19TH C I RCU IT TO ...." 2131 P.04 01arias T. wen.. Chief .J1ISfl.oe -------_._~ Kenneth R. Palmer $tate CouI'Q Mmi~~r OIftce 01 the State Courts Admmietra.tor 850/488~9922 Fax 8501488-.3744 MEMORANDUM TO: Trial Court Administrators FROM: Lisa Goodner .....,AI ~'1 . /J /l) ~ Deputy State C'~I~tor DATE: May 25, 2001 SUBJECT: Civil Traffic Infraction Hearing Officer Grant-in-Aid (CTlliO) þ Your CirC1Út has one or more counties eligible for the Civil Traffic Hearing Officer Græ:lt~ in-Aid. The State Courts System received $695,000 from the Legislature for the 2001-02 Fiscal Year for this purpose. Attached is a chart which identifies the maximum allotment tha.t c01.l.1d be awardod based on the formula developed by the legislature. Sinc:e the aetual appropriation does not provide for all eligible counties to receive the maximum allooation, we have also identified the minimum amounts that would be available should all oounties elect to participate. A cash match will be necessary, unless the coUnty is able to offer in-kind match that demonstrates a significant contribution by the county to support the program. Each proposal for in-kind match will be evaluated by the Office of tb$ St:¡¡.te Courts Adminiatrator and a dedsion mad~ as to whether it is sufficient for a grant award to be made. þ þ Sections 318.30-318.38 Fla. Stat. (1997), and rule 6.630, Florida Rules of Traffic Court, require Chief Justice approval prior to the establishment of a civil traffic hearing officer program. Attached is a current ligt of those programs that have been approved. ~ Please fax or e-mail us your response with the amount your county is willing to match, by June 8, 2001. Responses re¢eived after that date will not be considered. If you bave any questions. please contact Donna Brewer at (850) 410-1526 or SC 210-1526. You can email her your response at brewerd@..1ko\lrt.s-o{I.{, or fax us at (850) 414-8388. Thank you. LG:DB:sb Attachments $lZpreme Cot.Itt BuI14Ina . IiOO South DuvelSttm: . ~.l'I~4s.323nl900 . http://www.lk:eo1tts.~ MRY-29-2001 ~ '7 FROM COURT RDMIN. 19TH CIRCUIT TO '-' ""'" 2131 P.ØS CMI Traffic Infraction Hearing Oflic;er Program Fiscal Year 2001/2002 þ Counties with Approved Programs " of County & 3 or more Judges Judges as of Minimum Maximum as of JuJy 1, 2001 Orcuit July 1, 200J Allocation * AIlocatlon* * Escambla 1 5 $16,469.19 $25,000 Leon 2 5 16,469.19 ?I;;:nno Duval 4 14 46.113.74 70,000 Marlon '''., 5 3 9.881.52 1 5.000 Pasco 6 3 9,881.52 t 5,000 PlnelJas 6 13 42.819.91 6S 000 V olusið 7 9 29.644.55 45,000 AIachua 8 5 16,469.19 25.000 Orange 9 14 46,113.7"'t- 70,000 Osceo(a 9 3 9.881.52 I 5.000 Polk 10 8 26.3"50.71 40,000 Dade 11 41 135.047.39 205,000 Ma.natee 12 3 9,881.52 15,000 Sarasota 12 4 13.175.36 20.000 Hillsborough 13 14 46,113.74 70.000 Bay 14 3 9.881.52 15.000 Palm Beach 15 17 55.995.26 85,000 Monroe 16 4 13,175.36 20,000 Broward 17 25 82,345.97 125.000 Brevard 18 7 23,056.87 35,000 Seminole 18 5 16,469.19 25.000 St. lude 19 3 9.881.52 15,000 Comer 20 3 9,881.52 15,000 211 $695,000.00 $1,055,000 . ~ . .. MInimum altoatlon If aU eligible ÇQ\Intie$ participate in proeram. .... 8.1sed upon formlll~ In provho wblch t1uthorlzes $5,000 for each county court Judge In counties with tnrM or more county lud2e5. Maximum an<xaUon (,IIn be ¡rante<l only it p¡rtlclpatlon totals less tllan $695,000. . MAY-29-2001 \...t 27 Connty Dade Hillsborough BJOWðI'd Pinellas Palm Beach Orange Duval Pasco .Brevard Seminole Oscwla Poll< .A1achua Monroe Leon Collier Volusia Esÿambia Okaloosa Santa:Rosa . Marion St. Lucie Bay Sa.ràsota Jackson Manatee FROM COURT ADMIN. 19TH CIRCUIT TO "-'" Traffic Infraction Hearing Officers Date A,¡qJrDVed .cbief Justic@ Decembe1' 1. 1989 Ehrlich Decerober 4, 1989 Ehrlich October!,199O Shaw October 29. 1990 Shaw March 5. 1991 Shaw October 11, 1994 Grimes NOVCJ'l1ba- 28, 1994 Grimes ,~. . December 16. 1994- Grimes August 28. 1995 Grimes August 28, 1995 Grimes June 2, 1991 Kogan December 15. 1997 Kogan January 6. 1998 Kogan Febroa1y2.,l999 Harding February 22, 1999 Harding Mmch 15, 1999 Harding Apri112, 1999 Harding August 18.1999 Haroing August 1&, 1999 Harding August 18~ 1999 Harding September 1:>, 1999 Haxding October 5, 1999 Harding October 26, 1999 Harding Octobec26.1999 Hard:in& Januæy30,2oo1 Wells FebIwlry21,2oo1 . Wens 2131 P.06 Updated 02-22-01 AGENDA REQUEST ~ ITEM NO. C-7 , DATE: June 5, 2000 CONSENT [ X] REGULAR [ ] PUBLIC HEARING [ ] Leg, [ ] Quasi-JD. [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITIED BY: Community Development PRESENTED BY: C-z.- SUBJECT: Request approval of Environmentally Signillcant Lands Projects for submission to Florida Communities Trust (FCT) during their 2001 grant application period. BACKGROUND' The St. Lucie County Land Acquisition Selection Committee has detennined that lands within the Ancient Oaks Preserve, the South Savannas Buffer Preserve, the St. Lucie Village Heritage Preserve, the White City Flatwoods and the White City Flatwoods South project meet the criteria for purchase through the Environmentally Significant Lands Program Four of the proposed projects were previously submitted to Florida Comrmmities Trust or the Office of Greenways and Trails program but not funded. FUNDS AVAIT~ABLE: Approximately $775,000 will be made available through the Environmentally Signillcant Lands Bond Fund. PREVIOUS ACTION: N/A RECOMMENDATION: Approve the Ancient Oaks Preserve, South Savannas Buffer Preserve, White City Flatwoods, and the White City Flatwoods South for submission to FCT in their 2001 grant application cycle and assist St. Lucie Village with the preparation of a grant application for the St. Lucie Village Heritage Preserve. . þ COMMISSION ACTION: Ix] APPROVED [] DENIED [ ] OTHER: Review and AoorovaIs --CO~n.tYAttomey:~ Originating: Departrrent: Managem=nt & Budget: RCI! i ¡)~S Other: Purchasing: ah£,lt;?µ I~ Finance: (Check for Copy only. if applicable) " ' '-' """" COUNTY COMMISSION REVIEW: June 5, 2001 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT From: Board of County Commissioners Community Development Dire~ \J-- May 30, 2001 To: Date: Subject: Request approval of the list of Environmentally Significant Lands Projects for submission to FCT in their 2001 grant application period. Florida Communities Trust (FCT) has opened its 2001 grant application cycle with an application deadline of August 13, 2001. Approximately $66 million will be available this funding cycle for local government grants. A local government, the size of St. Lucie County, may receive up to 10% of the funds available, or $6.6 million. Since last year, Florida Communities Trust has developed new rules and a new application form to meet Florida Forever Statute requirements. A copy of the draft application is attached for your review. FCT will now require a minimum 25% match from St. Lucie County. Small cities (St. Lucie Village ) will still be eligible for 100% funding through the program. In addition, non-profit organizations are now eligible applicants and may receive up to 100% funding. To meet the new minimum match requirement, County applications previously providing a 10% match from the Environmentally Significant Lands (ESL) Bond Fund will be modified to provide the required 25% match. Other Florida Community Trust changes include a greater focus on urban areas and recreation uses. All ESL project's will continue to focus on the protection and enhancement of native upland plant communities while providing passive recreation opportunities, greenways and trails. The County's Land Acquisition Selection Committee has determined that lands within the following projects meet the criteria for funding through the ESL program. The attached map includes the projects location and the spreadsheet indicates the estimate costs to purchase lands within each project and the County's share of the total acquisition costs. Any significant change from these estimates will be forwarded for Board of County Commission for approval. Four of the five proposed projects were previously approved for submission of Preservation 2000 applications and approved for County ESL Bond program funding. The White City Flatwoods South project is the only new ESL project. White City Flatwoods South The White City Flatwoods project contains 64-acres located on the west side of St. James Boulevard approximately one-half mile south of Midway Road, at the end of Christensen Road. Natural areas on the site include an estimated 59 acres of Pine flatwoods and 5 acres of Depressional marsh. The primary purpose of the project is to preserve and protect the site's natural areas. Public uses could include hiking, bird watching and nature observation. At this time the estimated project cost is $750,000. The proposed application will request 50% matching funding through the FCT program. , . '-" ., May 30,2001 Page 2 Subject: 2001 FCT Grant Applications Ancient Oaks Preserve (Re-submission) The Ancient Oaks Preserve project is a cooperative effort of the Department of Community Development and the Recreation Department to provide needed public recreation facilities while preserving nature upland habitat and some of the largest trees in St. Lucie County. An FCT application was submitted in 1999 and 2000 but did not rank high enough for funding. Approximately 11 acres of the site contains exotic species and would be utilized by the Department of Leisure Services for active recreational improvements. ~ Last years application requested that FCT cover SO% the estimated project costs. Approximately, 35% of the County's was to be provided from the Environmentally Significant Land fund and the remaining 1S% was to be provided from the Recreation Impact Fee fund. The County has since purchase the project lands from the Trust for Public Lands. This year's FCT application will request funding to reimburse the County for actual expenses plus additional costs required to meet FCT closing requirements. To increase the FCT project score staff recommends the County provide a 60% match, requesting FCT reimburse 40% of the project costs. Any funds received from FCT would be reimbursed to the RIF and ESL fund based upon the each programs use of the project lands. White City Flatwoods (Re-submission) White City Flatwoods is located on the west side of South 2Sth St. approximately one mile north of Midway Road. The S7.21-acre site extends from S. 25th Street to Christensen Road. The site contains approximately SO.S acres of Pine flatwoods and 4.6 acres of Depressional marsh. The primary purpose of the project is to preserve and protect the sites natural areas. Public uses could include hiking, bird watching and nature observation. Last year's FCT application requested FCT provide 50% of the estimated $680,000 project costs. Approval is requested to re-submitthe project to FCT with a request for SO% matching funding through the FCT program. St. Lucie Village Natural Heritage Reserve (Re-submission) This is a 76-acre tract along the Indian River Lagoon shoreline in St. Lucie Village. As background, this application was submitted and funded by FCT in 1996; however, FCT was not able to reach an agreement to purchase the project lands. The Village Board of Alderman has asked that we re- submit their application. St. Lucie Village would be the FCT applicants and would request 100% funding from FCT for the project. Diane Barile, who prepared the original FCT application for this project Village has provided a proposal to prepare this years application. Ms. Diane Barile is familiar with the subject property, the Village Elders and FCT procedures. The costs to have the application prepared for the re-submittal are $4,000. This would be paid from the Environmental Lands Bond Fund. South Savannas Buffer Preserve (Previously submitted to the Office of Greenways and Trails or FCT) The Savannas Buffer Preserve includes approximately 218 acres located between the East Coast Railroad Right-of-Way and the South Savannas Recreation Area from Midway Road to Savannas Road, Natural areas include freshwater marsh and xeric habitats that form a 2.5-mile corridor along the Atlantic Costal Ridge. Acquisition of the project lands will complement the County managed Savannas Recreation Area and the State owned South Savannas Preserve by protecting the integrity of the South Savannas ecosystem through the preservation of wetlands and adjacent upland buffers. Recreation activities on the Savannas Buffer Preserve lands will focus on natural appreciation, hiking and canoeing. , '-' ..." May 30, 2001 Page 3 Petition: FCT 2001 Applications In 1998, the Board of County Commissioners submitted the Savannas Buffer Preserve Office and Greenway and Trails application requesting 90% funding for the purchase of 218 acres adjacent to the Savannas Recreation Area. The Office of Greenways and Trails governing body ultimately approved the project; however, OGT over allocated funding to projects and did not have sufficient funds to cover the purchase. In addition to those lands included with the previous OGT application the proposed FCT grant application includes the Savanna Road FEC parcel which was submitted to and selected for funding by FCT in 1995 but was not purchased. t The proposed South Savannas Buffer Preserve FCT application includes lands within both the City of Fort Pierce and the unincorporated County. The project would be submitted as a partnership application. Staff will recommend the City Council approve the partnership application at their next available meeting. City staff has indicated an interest in managing the Savanna Road Scrub parcel, which is adjacent to the City compound. If the City Council approves the proposed grant application, St. Lucie County would manage the remaining lands within the project. The estimated project costs are $600,000. Staff recommends the grant application request 60% in matching funds from FCT to purchase the project lands. The County's 40% match would be provided through the ESL Bond Fund. Staff is coordinating addition applications with the City of Fort Pierce and the City of Port St. Lucie. Following the City's and the Land Acquisition Selection Committee approval additional projects will be forward to the Board of County Commissioners for review and approval. Staff recommends the Board of County Commission approve the above Environmentally Significant Lands projects for submission to FCT during their 2001 grant application period. 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"" ~ { .. c § S " õ æ ~ LL § ~ ¡,; -æ £ õ 'E Q ::¡ Z ¡¡. ~ " ,.,., .-..",1 S1. Lucie County Environmentally Sensitive and Conservation Lands If If !5 co 1;; I ~ 0 .., w Indrio Rd Legend _ Proposed FCT Projects _ Conservation Easement _ Proposed Acquisition Approved Acquisition _ Public Preserve If "C 0: ~ ~ o .., ~ õ j (jI...,ø>'<flI' \\0 y ,.. / <;» -? ,.. -- ('\ o West Midway Rd ('\ (j) <;» -? Blvd -8 (j) <-g <::. ~ ~ <!> ..¡¡..' $I\JjCie ...- t II St. Lucie Co. GIS .........---...-----.... --------..--...- --.....-..-..--- " ¡I ~,,,,; AGENDA REOUEST ITEM NO. c:;f\ '- DATE: June 5, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Community Development Block Grant (CDBG) - Agreements with Nancy Phillips & Associates, L.L.C. for Grant Preparation and Grant Administration (RFP # 01-017) BACKGROUND: See attached memorandum CA 00-773 FUNDS A V AILABLE: Account No. 102-9910-599100-800 (Contingency) - Funds ($5,000.00) will only be required from this account if the CDBG grant is not awarded. RECOMMENDATION: Staff recommends that the approve the proposed agreements with Nancy Phillips & Associates, L.L.C., and authorize the chairman to sign the agreements. [x] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: Management & Budget: C2..o rY\ Q¿.,r . Other: Purchasing: ~ County Attorney: '~ J-. O..r;-, Originating Dept. Other: Finance: (Check for Copy only, if applicable): _ \.,.. ~ ~ ~ ,.... ,. .. ~. '-' ..,I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A.NO: 01-773 DATE: May 25,2001 SUBJECT: Community Development Block Grant (CDBG) - Agreements with Nancy Phillips & Associates, L.L.C. for Grant Preparation and Grant Administration (RFP # 01-017) BACKGROUND: On March 6, 2001, the Board of County Commissioners selected Nancy Phillips & Associates, L.L.C. to provide Community Development Block Grant (CDBG) grant writing and administration services pursuant to Request for Proposals #01-017. As directed, staff initiated negotiation with the consultant and the resulting agreements are attached to this memorandum. The Consultant will be paid five thousand and 00/100 dollars ($5,000.00) for preparation of the grant application. If the grant application is approved, this cost will be paid from the grant award. If the grant is not awarded, this cost will be paid with County funds. In accordance with the CDBG regulations, compensation for administration of the grant, if awarded, will be eight percent (8%) of the grant award not to exceed sixty thousand and 0011 00 dollars, CONCLUSIONfRECOMMENDATION: Staff recommends that the approve the proposed agreements with Nancy Phillips & Associates, L.L.C" and authorize the chairman to sign the agreements. Respectfully submitted, .~~.~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Community Development Director Finance Director Economic Development Manager Contracts Coordinator ~ ~ I, to þ . . ~ ...,,; TECHNICAL ASSISTANCE CONTRACT FOR CDSG GRANT ADMINISTRATION SERVICES This is a Technical Assistance Contract For Grant Administration Services by and between NANCY PHILLIPS & ASSOCIATES L.C., hereinafter referred to as the "Consultant", and the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", dated the day of 2001. WIT N E SSE T H: WHEREAS, the County has procured the services of the Consultant for the FFY 2001 CDBG program, and is desirous of implementing a Small Cities Community Development Block Grant (CDBG) Economic Development eligible project, hereinafter referred to as the "Project", for its community; and WHEREAS, the Consultant is now available, willing and qualified to perform professional services in the capacity oftechnical advisor for the potential Project to which this Contract applies, and to give consultation, advice and direction for such Project, and; WHEREAS, the County is desirous that the Consultant perform such services regarding the Project and engages the Consultant to perform such services as set forth herein, and the Consultant agrees to perform such services underthe terms and conditions set forth in this Contract. NOW THEREFORE, the parties agree as follows: ARTICLE 1 CONSULTANT'S SCOPE OF SERVICES GRANT ADMINISTRATION The Consultant shall provide the following services to the County under this Contract: 1, Coordinate, monitor and evaluate the direct costs of the overall program, including, but not limited to, the multiple activities outlined in the subsections of this Contract below. 2. Assist in coordinating with the Citizens Advisory Task Force and other interested community organizations, including, but not limited to, providing required program information and technical assistance to those who request such information to ensure compliance with active citizen participation. 1 ~ '-" ....I 3, Establish procedures relating to the procurement and implementation of contractual services pursuant to Department of Community Affairs (DCA) and Department of Housing and Urban Development (HUD) requirements and regulations. 4. Review and advise whether Professional Services Contracts are consistent with OMS Circular A-102, Attachment 0, as required in conjunction with this contract. 5. Provide technical assistance in procuring professional service contracts. 6, Provide technical assistance in establishing and maintaining adequate bookkeeping systems in accordance with State regulations, 7. Assist in the monitoring of the Project regarding DCA and HUD regulations, and preparing the necessary requested responses to inquiries from Local, State and Federal governmental units. 8. Assist in evaluating the various subsections of the Project according to DCA and HUD regulations and in the preparation of all final reports to the Departments. 9. Assist in developing program procedures for program implementation. 10. Provide technical assistance to develop and maintain files and records in accordance with State, Local and Federal laws. þ 11. Assist in the preparation of State Request for Funds (financial) requests. · 12. Assist in the preparation of Form 504 for the DCA. · 13, Complete acceptable State Environmental Review. · 14. Assist in the preparation of necessary reports to the State of Florida. 15. Assist with the Contractor Eligibility Verification process. 16. Assist the engineers in preparing construction contract documents in accordance with provisions that pertain to the CDSG program. 17. Provide technical assistance in maintaining appropriate records regarding inspections and labor standards. 18. Any other tasks as required to successfully complete and close out the Project. 2 ~ · · · þ þ · · '-' ..."" ARTICLE 2 COUNTY'S RESPONSIBILITY GENERAL ADMINISTRATION SERVICES The County shall provide the following services under this Contract 1. Instruct the personnel of the County to cooperate and assist the Consultant in preparing the necessary financial data and procedures in order to comply with all DCA, HUD or other reporting requirements of the Project. 2. Provide assistance in implementing contractual services necessary to the Project per the requirements of all DCA and HUD requirements. 3. Assist the Consultant in negotiations necessary for all subsections of the Project. 4. Review and execute all contracts necessary to ensure efficient progress of the Project. 5. Provide at the County's expense to the Consultant office space, to include desk and chairs, phone, filing cabinets and use of a photocopy and fax machine without charge or expense, The County will also provide a suitable area for Public Hearings and construction conferences. This area will be accessible to persons with disabilities. 6, Assist the Consultant by placing at its disposal all available information pertinent to the sites of the Project, including previous reports and any other data relative to design and construction of the Project. 7. Attempt to make provisions for Consultant to enter on public and private lands as required for it to perform its services under the Project. 8. Designate a member of the County who will act as a contact person with the Consultant to facilitate transmittal of instructions, receive information and generally assist as may be necessary. 9. Give prompt notice to Consultant whenever the County observes or otherwise becomes aware of any defects or problems with the Project. ARTICLE 3 PERIOD OF PERFORMANCE The period of performance under this Contract shall begin upon the signing of this Contract and shall be completed upon final completion ofthe Project approved by DCA or the termination of the funding pursuant to the Project. 3 \...- þ · þ · · þ '-" ..., ARTICLE 4 COMPENSA TION The County agrees to pay Consultantfor grant administration of the Project in the following manner: Compensation shall be determined based upon the grant category selected for the Project, and the maximum allowable administrative expense allowed by DCA for all administrative grant-related functions: Grant CateQorv Maximum Allowable Administrative Expense (%) Fee Schedule Economic Development Eight (8) Percent of Grant Award Not to Exceed $60,000.00 The County will also be responsible forthe appropriate record keeping and documentation required by DCA when grant administration funds are retained by the County. The Consultant will not be held responsible for this documentation. Payment to the Consultant will be made upon receipt of disbursements from DCA and in accordance with the following schedule: As determined by the Work Plans developed as part of the Award Agreement with DCA and upon the Consultant's submission of invoices, All requests for payment shall be submitted to the County in detail sufficient for proper pre- audit and post-audit review by the DCA. The Consultant will provide any and all other related services requested by the County. All such additional services shall be compensated over and above the fixed fee for professional services herein stipulated. Such compensation shall, at the County's discretion, be paid at the hourly rate set forth herein, or shall be compensated pursuant to an agreed upon fixed fee stipulated in writing and attested to by the parties. Travel and per diem shall be subject to the provisions of Section 112.061, Florida Statutes. Any other related additional direct expenses shall be reimbursed pursuant to actual documented cost. Professional and technical fees for additional services billed on an hourly fee basis shall be invoiced at Ninety-Five Dollars per hour ($95.00/hour). 4 ~ t þ , . . a þ þ '-' ...,,1 ARTICLE 5 COUNTY'S CONTACT PERSON The Contact Person who will represent the County in all matters pertaining to the Project shall be Patti Tobin, Economic Development Manager, at (561) 462-1564. ARTICLE 6 CITIZEN PARTICIPATION It is understood between the parties that both the County and the Consultant shall encourage continuous participation in the Project by the citizens of the area. The Consultant shall assist in scheduling and coordinating meetings of the Citizen's Advisory Task Force as required. It shall be the responsibility of the County to furnish a location for such meetings. All meetings of the Citizens' Advisory Task Force shall be recorded and minutes shall be taken of all meetings for inclusion into the files. ARTICLE 7 SOCIAL SECURITY The County is not liable for Social Security contributions pursuant to 42 U.S.C. Section 481, relative to the compensation of the Consultant during the period of the Contract. ARTICLE 8 CONTRACT AMENDMENT The terms and conditions of this Contract may be changed at any time by mutual agreement of the parties. All such changes shall be in writing and shall be incorporated as written amendments to this Contract. ARTICLE 9 ASSIGNMENT This Contract may not be assigned or transferred without written consent from the Consultant and from the County, ARTICLE 10 CONSULTANT CONFLICT OF INTEREST The County having been so advised by the Consultant does hereby recognize that the Consultant has provided similar services in the past to other local governments and to area governmental bodies, and may be so engaged in a similar Project at this time or in the future, and the parties agree that these Projects by the Consultant do not constitute a conflict of interest with the Project. 5 \- · · þ þ þ t · \..; ."", The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes. The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the County in writing be certified mail on all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Consultant may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Consultant. The County agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification by the Consultant. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the County shall so state in the notification and the Consultant shall, at his/her option, enter into said association. ARTICLE 11 COUNTY CONFLICT OF INTEREST No member of the governing body of the County, and no other public official, officer, employee or agent of the County who exercises any function or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract, and the Consultant shall take appropriate steps to ensure compliance. ARTICLE 12 TERMINATION FOR CAUSE AND/OR CONVENIENCE 1. This Contract may be terminated, in whole or in part, in writing, by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than thirty (30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. 6 \.... '-" ...., 2, This Contract may be terminated, in whole or in part, in writing, by the County for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in subparagraph 1 above. 3. In the event of termination, the Consultant shall be paid for all work completed prior to the effective date of termination, in addition to termination settlement costs reasonably incurred by the Consultant relating to commitments which were approved by the County prior to notice of intent to terminate. . 4. Upon receipt of a termination action under subparagraphs 1 and 2 above, the Consultant shall: (1) promptly discontinue all affected work (unless the notice directs otherwise); and (2) deliver or otherwise make available to the County all data, drawings, reports, specifications, summaries and other such information as may have been accumulated by the Consultant in performing this Contract, whether completed or in process. 5. Upon termination, the County may take over the work and may award another party a contract to complete the work described in this Contract. . ARTICLE 13 EQUAL OPPORTUNITY The Consultant warrants that there shall be no discrimination against applicants for services under this Contract because of race, color, age, sex, religion, national origin, place of birth, ancestry or handicap. ARTICLE 14 SOURCE OF FUNDING The source of payments for this Contract is the funding received through the FFY 2001 CDBG program for the County. ARTICLE 15 FEDERAL AND STATE TAX The Consultant shall be responsible for payment of its own FICA and Social Security Taxes. ARTICLE 16 INDEMNIFICATION The Consultant shall indemnify and save harmless the County and the State of Florida, Department of Community Affairs, its agents, servants and employees, from and against 7 \w. '-" .,.,." any and all claims, liability, losses and/or cause of action, including, but not limited to, attorney's fees and other professional fees, and all court costs, arising from or caused solely by the negligent act or omissions of Consultant or Consultant's members, employees, agents and others with respect to this Contract. The Consultant and the County agree that the Consultant's maximum exposure pursuant to this indemnification paragraph shall be limited to the total compensation to be paid to the Consultant pursuant to Article 4 of this Contract. Subject to the provisions of Section 768.28, Florida Statutes (2000), the County agrees to indemnify and hold harmless the Consultant from and against any actions at lawto recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out ofthe performance ofthis Contract and caused by the negligent or wrongful act or omission of any employee of the County while acting within the scope of his or her office or employment under circumstances in which the County, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. ARTICLE 17 DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Consultant and the County or its Project Manager. At all times, the Consultant shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. ARTICLE 18 MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties, To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 8 ~ '-'" ..., ARTICLE 19 INTERPRETATION; VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. ARTICLE 20 INDEPENDENT CONSULTANT RELATIONSHIP The Consultant is, and shall be in the performance of all work, services and activities under this Contract, an independent contractor, and not an employee, agent or servant of the County. The Consultant shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Consultant's relationship and the relationship of its employees to the County shall be that of an independent contractor, and not as employees of the County, The Consultant does not have the power or authority to bind the County in any promise, agreement or representation other than specifically provided for in this Contract or amendment thereto, ARTICLE 21 ACCESS TO RECORDS The County, the DCA, HUD, the Comptroller General ofthe United States, and any oftheir duly authorized representatives, shall have access to any books, documents, papers and records of the Consultant and the County which are directly pertinent to this Contract for the purpose of making audit, examination, excerpts and transcriptions. ARTICLE 22 RETENTION OF RECORDS The Consultant shall retain all records relating to this Contract for three (3) years after the County makes final payment and all other pending matters are closed. 9 '-' ~ ...I ARTICLE 23 SEVERABILITY This Contract is severable. If any portion or section of this Contract is held invalid or · unenforceable, this shall not render the remainder of the Contract unenforceable, and the remainder of the Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 24 · ENERGY EFFICIENCY The Consultant shall comply with mandatory standards and policies relating to energy · efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). ARTICLE 25 CONFLICTS WITH OTHER CLAUSES · If this Contract contains any clauses which conflict with Articles 12 through 22 above, then this Contract will be governed by the clauses in Articles 12 through 22 above. ARTICLE 24 PUBLIC ENTITY CRIME þ The Consultant is in compliance with Section 287.017, Florida Statutes, for Public Entity Crimes, and has not been placed on the convicted vendors list within the last thirty-six (36) months preceding the date of this Contract. þ ARTICLE 25 INSURANCE During the life of this Contract, the Consultant shall maintain Standard Professional Liability Insurance in the amount of $500,000.00 as to each occurrence and $500,000.00 annual aggregate for Bodily Injury and/or Property Damage which may arise from any operations under this Contract. During this life of this Contract, the Consultant shall maintain General Liability Insurance in the amount of $500,000.00 for each occurrence and $500,000.00 annual aggregate for Bodily Injury and/or Property Damage which may arise from any operations under this Contract. 10 \... '-" -.I Within seven (7) days following the execution ofthis Contract, the Consultant shall furnish Certificates of Insurance clearly indicating that the Consultant has obtained insurance of the type, amount and classifications as required by this Contract. The Consultant shall also provide the County with an affidavit indicating that the Consultant is not required to t carry workers compensation coverage under Chapter 440, Florida Statutes. In the event the Consultant's status under Chapter 440 should change during the term of this Contract, the Consultant shall provide proof of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. . þ , þ t þ . ARTICLE 26 ENFORCEMENT If either party hereto institutes and prevails in any action at law or in equity against the other party based entirely or in part on the terms of this Contract, said party shall be entitled to recover, in addition to any judgment in its favor, reasonable attorney's fees, court costs and all expenses in connection with the litigation. This Contract has been made and accepted in the State of Florida, it shall be interpreted in accordance with, and governed by, the laws of the State of Florida, and suit shall be maintained in St. Lucie County, Florida, Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties, To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue, 11 '-' ~ ....I IN WITNESS WHEREOF, the parties have hereunto set their hands and seals: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA þ By: Deputy Clerk Frannie Hutchinson, Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney þ Date: þ . C:\MyFileslStLucie\2001 documentsIRevisedgrantadmcontract. wpd 12 )... '-' .." AGENDA REOUEST ITEM NO. C-8.B . DATE: June 5, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] þ TO: Board of County Commissioners PRESENTED BY: ~ SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney t SUBJECT: 2001 Summer Camp Program - Transportation Services Agreement with School Board ofSt. Lucie County BACKGROUND: See attached memorandum CA 01-835 FUNDS AVAILABLE: Sufficient funds will be transferred to Account No. 001-7216544300-7102 (Recreation - Vehicle Rental/Lease) for this expenditure. þ RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Transportation Services Agreement with the School Board ofSt. Lucie County, and authorize the chairman to sign the agreement. , COMMISSION ACTION: [21 APPROVED [] DENIED [ ] OTHER: þ Review and Aoorovals County Attorney: ~ ð" Oð1A1 Originating Dept. Management & Budget: ~~ Purchasing: CPO -;J8 Ðthe>: Finance: (Check for Copy only, if applicable): _ ~ '-"' ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners · FROM: · C.A. NO: t DATE: SUBJECT: Heather Young, Assistant County Attorney 01-835 May 30, 2001 2001 Summer Camp Program - Transportation Services Agreement with School Board of St. Lucie County BACKGROUND: Attached to this memorandum is a copy of the proposed Transportation Services Agreement between the County and the School Board for the 2001 Summer Camp Program. Pursuant to the agreement, the School Board will provide one bus for use in the program at a cost of ninety-five cents ($.95) per mile. The County will also be responsible for paying the wages and benefits for the bus driver. Two thousand and 00/100 dollars have been budgeted for this expenditure. CONCLUSIONIRECOMMENDA TION: þ Staff recommends that the Board of County Commissioners approve the proposed Transportation Services Agreement with the School Board of 81. Lucie County, and authorize the chairman to sign the agreement. · þ Attachment HYI Copies to: Respectfully submitted, ~~ Heather Young Assistant County Attorney County Administrator Community Development Director Finance Director Economic Development Manager Contracts Coordinator .\... '-"' ..", Transportation Services Agreement . This AGREEMENT is between the 51. Lucie County Parks and Recreation, herein after referred to as SLC Parks and Recreation, whose address is 1302 Virginia Avenue, Ft. Pierce and THE SCHOOL BOARD OF ST, LUCIE COUNTY, herein after referred to as the "SLCSB" whose Address is 2909 Delaware Avenue, Ft. Pierce, FL 34947. þ , Services under this AGREEMENT shall include the following period: Summer 2001. Services under this AGREEMENT shall begin on June 11, 2001 or the date this AGREEMENT is signed by both parties, whichever is later and shall be completed August 3, 2001, This AGREEMENT consists of Pages 1 through 4 and the following attachments: C ·f· f I . h SLCSB additional d A. ertl lcate 0 nsurance naming teas f3FH=Ra-Pf Insure B, Daily Vehicle Log (Blank) 1. SELLING, TRANSFERRING OR ASSIGNING THIS CONTRACT This contract may not be sold, transferred or assigned without the written approval of the SLCSB. 2, CONDITIONS OF CONTRACT The SLC Parks and Recreation shall, at their own expense, obtain all necessary permits, pay all licenses, fees and taxes required to comply with all local ordinances, state and federal law, rules and regulations applicable to business· to be carried on under this contract. þ þ 3. INDEMNITY/HOLD HARMLESS AGREEMENT SLC Parks and Recreation agrees to protect, defend, indemnify and hold harmless the SLCSB including their directors, employees and agents from and against any and all losses, penalties, damages, settlements, claims, costs, charges for other expenses or liabilities of every and any kind including attorney fees, in connection with or arising directly or indirectly out of the work agreed to or performed by SLCSB under the terms of this AGREEMENT. Without limiting the foregoing, any and all such claims, suits or other actions, relating to personal injury, death, damage to property, defects in materials or workmanship, actual 0 alleged violation of any applicable statute, ordinance, administrative order, rule or regulation or decrees of any court, shall be in the indemnity hereunder to the extent permitted by sec.768.28, F,S, ~ '-" '...I 4. DESCRIPTION OF ENTITY AND OFFICES TO BE SERVED The customers to be served under this AGREEMENT are youths residing in St. Lucie County, Florida, The service to be provided is transportation from designated pick-up locations to sites in St. Lucie County and/or selected out-of-county sites for SLC Parks and Recreation sponsored programs and back from SLC Parks and Recreation sponsored programs to the designated pick-up locations, Buses are to be parked at the St. Lucie West Transportation Compound when not in use during the day, . The County contact person for this contract will be: Nita Wiechel (Telephone Number: 462-1935 The SLCSB· contact person for this contract will be Louise Piper (Telephone Number 340- 7120) 5. SCOPE OF SERVICES TO BE PERFORMED A. The following services will be performed by the SLCSB: I Provide one (1) bus to transport eligible youths from strategic pick-up sites to St. Lucie County for SLC Parks and Recreation sponsored programs and from designated sites back to the assigned strategic pick-up locations, þ B, The following services will be performed by the SLC Parks and Recreation þ Provide SLCSB contact person with a Weekly Mileage Check List and Log Sheet report showing the beginning, ending and total mileage traveled for each bus, t Interview, select and hire on a nondiscriminatory basis, SLCSB school bus drivers and pay all wages, including bénefits (not to include holidays, leave or retirement). t Develop a transportation routing schedule. Secure signs to be placed on school buses to read 'This Bus is contracted to St. Lucie County Parks and Recreation', Pay SLCSB in accordance with the fee schedule below. Purchase and maintain in full force and effect during the term of this AGREEMENT an insurance policy issued by a company or companies licensed to do business in Florida, providing coverage in an amount not less than one million dollars {$1 ,000.000).00 and provide to the SLCSB a Certificate of Insurance issued and endorsed by the insurance carrier, or the requirements of sec, 768.28, FS. ....... .... "fI!1Þ 6, Payment will be made when the SLC Parks and Recreation has determined that the service has been satisfactorily completed. Should SLC Parks and Recreation reject an invoice, SLC Parks and Recreation's authorized representative will notify SLCSB at (561) 340-7120 of such rejection giving the reason(s), The right to reject an invoice shall extend throughout the term of this contract for thirty (30) days after the final invoice for payment is submitted. All invoices must be submitted by August 15, 2001. Monthly invoices must be sent to: t þ St. :Lucie County Parks and Recreation Attn: Nita Wiechel 1302 Virginia Avenue Ft. Pierce, FI 34982 This invoice shall be sent at the first of the month following the previous months service upon receipt of the Mileage Check List and Log Sheet Reports, - . The contract can be cancelled by either party with thirty (30) days written notice to the last known address of the SLC Parks and Recreation and the SLCSB. , 7, RATE SCHEDULE Cost per Mile (including fuel to be provided by SLCSB): $ ,95 8. SEVERABILITY ~ If any portion of this AGREEMENT is held invalid, it is agreed that such invalidity shall not affect any of the remaining portions. The parties agree to comply with all terms and provisions of this AGREEMENT including the attachments, ~. ,L.~ -,- ""'" St. tuej¡;. County INTERNATIONAL A þ¿i::Wß.fiðiifi .......... ..... .............. REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: AÌl:port Paul Phillips SUBJECT: Approve the sublease agreement between B&E Houck Enterprises and Mirabella Yachts for a 35,000 + square foot hangar at St. Lucie County International Airport, AGENDA REQUEST ITEM NO. C _ Cf- A DATE: June 5, 2001 BACKGROUND: Mirabella Yachts - Aviation Division has relocated from south Florida to St. Lucie County International Airport on airport land lease to B&E Houck Enterprises, As a condition for operating on the Airport, all commercial subleases for each of the Fixed Based Operators (FBO) leases must be approved by the Board. FUNDS AVAILABLE IN ACCT#: N/ A PREVIOUS ACTION: N/A RECO.MMENDATION: Staff recommends that the Board of County Commissioners approve the sublease agreement between B&E Houck Enterprises and Mirabella Yachts for a 35,000 + square foot hangar at St. Lucie County International Airport. COMMISSION ACTION: ~]APPROVED [ ]DENIED [ ]OTHER: NCE: Reviews & Approvals County Attorney:~OMB Originating Dept:~Other: Finance:(Check for Copy amy, if applicable) Purchasing Other: ~... \........ ..." SUBLEASE AGREEMENT THIS SUBLEASE AGREEMENT (the "Sublease") is entered into this <Qc+. d.4- ,2000 (the "Effective Date"), by and between B & E HOUCK ENTERPRISES, INC., a Florida corporation, its successors and assigns (the "Sublandlord"), and :MIRABELLA YACHTS, Inc. a Delaware corporation, its successors and assigns (the "Subtenant"), WITNESSETH: WHEREAS, Sublandlord is the presenttenant under a lease with ST. LUCIE COUNTY PORT AND AIRPORT AUTHORITY (the "Prime Landlord") for the that certain premises located atthe St. Lucie County International Airport, Fort Pierce, Florida, which premises are more particularly described in Exhibit "A" attached hereto (the "Leased Premises"). The Sublandlord leases the Leased Premises from the Prime Landlord under that cerÙiin Lease Agreement, dated June 28, 1994 attached hereto and made a part hereof (the "Prime Lease"), a copy of which is attached as Exhibit "B"; and WHEREAS, Sublandlord intends to construct an aircraft storage and maintenance facility containing approximately 35,000 square feet (the "Hangar"), together with a ramp area, parking area and access road on a portion of the Leased Premises depicted on Exhibit "C" attached hereto and made a part hereof (the "Land") (the Land, Hangar and all appurtenances thereto are hereinafter collectively referred to as the Subleased Premises"); and WHEREAS, Sublandlord desires to sublease to Subtenant, and the Subtenant desires to sublease from Sub landlord, the Subleased Premises; and WHEREAS, the parties desire to set forth their agreement in writing. . NOW, THEREFORE, in consideration of the sum ofTen Dollars ($10.00) in hand paid each to the other, receipt of which is hereby acknowledged, and in further consideration of the covenants and conditions hereinafter set out, it is agreed by and between the parties hereto as follows: t 1. RECITALS: The foregoing recitals are incorporated herein by reference as true and correct. 2, SUBLEASED PRE:MISES: The Sublandlord leases to the Subtenant, and the Subtenant leases from the Sublandlord, for the term, and subject to the conditions and covenants hereinafter set forth, the Subleased Premises. 3. PURPOSE: The purpose of this Sublease is for the operation of a commercial and non- commercial aircraft, sales, storage, charter and maintenance business. Subtenant's business will also include assembly and restoration of antique classic aircraft and flight training. Subtenant covenants that during the Term, as defined below, ofthis Sublease that Subtenant shall not enter into any commercial activities on the Subleased Premises involving the sale of food and beverage, aviation fuel, oil and lubricants (except those used in the course ofthe Subtenant's maintenance',business), or the rental of ground vehicles and life gear. 4. CONSTRUCTION OF IMPROVEMENTS: A. Sublandlord's Obligation: Sublandlord shall construct, at its sole expense, the Hangar , . 1 :-.,. \~ ..., and related site improvements, including ramp area, parking and landscaped areas, in accordance with plans and specifications ("Building Plans") to be prepared by the architectural finn of John M. Foster - Architect ("Architects"). The Sublandlord shall cause the proposed Building Plans to be substantially completed and submitted to the Subtenant within forty-five (45) days ITom the Effective Date of this Lease. The Sublandlord aclmowledges that the Building Plans shall reflect a first class, Grade-A, aircraft and maintenance hangar. Within fourteen (14) days after it receives the proposed Building Plans, Subtenant may submit to Sub1andlord any comments andlor requested revisions which Subtenant may reasonably have with respect to the Building Plans. Thereafter, Sub landlord and the Architects shall revise the Building Plans addressing Subtenant's comments and incorporating all reasonable revisions to the Building Plans. The revised Building Plans shall be submitted to Subtenant for approval by Subtenant and, when approved, shall constitute a part ofthis Sublease and be incorporated herein as Exhibit "D" by this reference. The Building Plans shall be deemed approved when initialed by both Sublandlord and Subtenant. Failure of Subtenant to approve the revised Building Plans within fourteen (14) days after it receives the revised Building Plans shall entitle Sublandlon~,at Sub landlord's sole and exclusive option, to terminate this Sublease by written notice to Subtenant, whereupon the parties hereto shall be relieved of any further obligations hereunder and this Sublease shall be null and void. After approval by Sub landlord arid Subtenant, any changes to the Building Plans which would impact Subtenant's hangar space or downgrade the quality ofthe Hangar must be approved by Subtenant. Any dispute with respect to final approval of the Building Plans by Subtenant shall be resolved by arbitration under Section 20 of this Sublease. . B. Hangar Completion Date: Sublandlord shall use its best effort to substantially complete the Hangar within one hundred eighty (180) days after the issuance of a building permit for the Hangar. No delay in the completion of the construction herein required of Sublandlord caused by government regulations, inability to procure labor or materials, strikes, acts of God, or other causes similar or dissimilar beyond the control of Sub landlord, shall be a basis for a claim oflack of diligence on the part of Sub Ian dlord. Any event described herein shall, however, have no effect to extend the completion date beyond one year ITom the Effective Date of this Sublease. If the completion date does not occur on or before one year ITom the Effective Date of this Sublease, Subtenant shall have the option in Subtenant's sole discretion to (i) extend the date of completion, or (ii) terminate this Sublease whereupon the parties shall be relieved of all obligations hereunder. þ t C. Substantial Completion bv Sublandlord: For the purpose of Section 4B above, substantially complete means: (i) completing the Hangar in accordance with the Building Plans and all applicable building codes; (ii) Subtenant, its employees, agents and invitees, have ready access to the Hangar and the Subleased Premises; (iii) the fixtures and equipment to be installed have been installed, including but not limited to: (a) air conditioning and heating system and màin trunk duct work, (b) mechanical system, (c) electric system with wires pulled and connected to Hangar central panel, (d) plumbing stubbed to Subtenant's proposed kitchen area, restrooms, janitorial closetwater fountains, sinks and hose bibs; (iv) written certification by the Architect to Subtenant that all of the items described in subsections (i) and (iii) above have been co~pl~ted. 2 --- ~ """" D. Subtenant Inspection: Subtenant shall have the right to perform a final inspection of the Sublandlord's construction work and require corrections of any conditions not in compliance with the Building Plans or any of the terms of this Sublease, which corrections shall be completed to Subtenant's satisfaction prior to the commencement of the terms of this Sublease, notwithstanding the provisions of Section 5 below. E. One Year Warranty on Construction Work: Sublandlord agrees that the workmanship and materials of Sub landlord's construction work shall be warranted to be of good quality and free from defects for a period of one (1) year from the date a Certificate of Occupancy is issued for the Hangar. 5. INITIAL TERM: The initial term ofthis Sublease shall be for a period offive (5) years (the "Initial Term") and commence on the fifth day after Subtenant receives written notification from the Sublandlord that St. Lucie County has issued a, Certificate of Occupancy for the Hangar (the "Commencement Date").. When the Commencement Date of the Initial Term of this Sublease has been determined in the manner provided above, the parties shall execute an Addendum to Sublease Agreement to be added hereto setting forth such date in substantially the following form, viz: Addendum to Sublease Agreement The Commencement Date of the Initial Term of this Sublease is ,2000. SUB LANDLORD: SUBTENANT: t B & E Houck Enterprises, Inc., a Florida corporation Mirabella Yachts, Inc. a Delaware corporation þ By: Name: Title: By: Name: Title: . Approved By: ST. LUCIE COUNTY AIRPORT AU1HORITY, a special taxing district By: Name: Title: - If the Commencement Date ofthe term of this Sublease is other than the first day of a calendar month, the rental for the part of the month in which occupancy,commences shall be pro-rated and this Sublease shall continue in full force and effect for a period of five' (5) years from the first day ofthe calendar month next succeeding the Commencement Date. For purposes ofthis Sublease, the word "year" refers to consecutive twelve (l2)-month periods beginning on such date as the first day of said five (5) year period. 3 \'~ .~ .....I 6. OPTION TO RENEW SUBLEASE: This Sublease shall automatically renew for up to four (4) additional tenns of five (5) years each (the "Renewal Tenns"), provided that Subtenant shall have the right to have this Sublease not renew by delivering to Sublandlord written notice of Subtenant's intent not to renew this Sublease not less than thirty (30) days prior to the expiration of the then current Tenn. The Initial Tenn and Renewal Tenns shall be referred to herein as the "Tenn". 7. RENT: Commencing on the Commencement Date and throughout the Tenn of this Sublease, ~ubtenant shall pay to Sub landlord as rent for the Subleased Premises the following sums, plus applicable sales tax, which shall be paid in advance, on the 1st day of each month. In the event any monthly installment of rent is not paid within ten (10) days after it is due and payable as set forth herein, Subtenant agrees to pay as additional rent a late payment charge in the amount of five percent (5%) ofthe monthly installments of rent along with the monthly installment of rent that is due and payable. In the event the rent is not paid within fifteen (15) days after it is due and payable as set forth herein, Sublessee agrees to pay as additional rent, a late charge in the amount of fifteen (15%) of such monthly installments of rent that was due and payable, and include it along with the monthly installment of rent that was due and payable. . A. Base Rent: The monthly rent amount shall be Nineteen Thousand Seventy-Eight Dollars ($19,078.00), plus sale tax (the "Base Rent"), for the project as indicated on Exhibit "D" incorporated herein by reference. The Base Rent shall be increased for any work requested and approved by Subtenant which is not a part of the project as indicated on Exhibit "D". The increase shall be detennined by taking fifteen percent (15%) of the Actual Cost of Construction, as defmed below, for the approved additions, plus twelve (12 ) times the cost ofthe Land the additions occupy, if applicable, plus sales tax. "Actual Cost of Construction" shall mean, with respect to a particular phase of the work (i) the substantiated out-of-pocket amounts paid by Sublandlord to third parties ("Out-of-Pocket Costs") for hard and soft costs, including without limitation engineering and architectural fees for preparation ofthe Building Plans or changes thereto approved or directed by Subtenant and for work perfonned in accordances with the Building Plans and perfonned by or at the direction of contractors, subcontractors, or construction managers approved or selected by Subtenant. þ B. Annual Adjustment of Rent Based: For each year of this Sublease and any extensions or renewals thereof, the rent paid by Subtenant under this Sublease shall be the Base Rent, as defined in Section 7 A above, increased or diminished by a percentage equal to the annual percentage change in the rent paid by Sub landlord under the Prime Lease. Sublandlord shall notify Subtenant, in writing, of its percentage of adjustment, and this percentage adjustment shall be made to the Base Rent. Subtenant's new adjusted Base Rent shall be effective July 1 st of each year. . 8. SECURITY DEPOSIT: As security for this Sublease, Subtenant shall deliver to First National Bank & Trust on the Commencement Date an irrevocable standby letter of credit issued in favor of Sub landlord by or other such financial institution as may be mutually agreed upon by Subtenant and Sublandlord (the "Letter of Credit"). The Letter of Credit shall be in an amount equal to 15% of the Actual Cost of Construction ofthe Hangar and Subleased Premises, and shall provide that it may be drawn down by First National Bank & Trust, for tÞe benefit of Sub landlord, by site draft only in the event Subtenant defaults in this Sublease. The Letter of.Credit shall have an expiration date of not less than ten (10) years after the Commencement Date. One-half (112) of the amount of the Letter of Credit shall be released at the time this Sublease is automatically renewed for the first Renewal Tenn. The other one-half (1/2) shall be released when this Sublease is automatically renewed for the second Renewa1 Tenn. 4 ..... \~ . ....." 9. PRIME LEASE: A Incorporation of Prime Lease: The provisions of the Prime Lease that apply to the Subtenant are hereby incorporated into this Sublease as fully as if completely rewritten herein, and Subtenant hereby assumes, agrees and covenants to accept the provisions of the Prime Lease, as they apply to this Sublease. In the event of a conflict between the Sublease and the Prime Lease, then the terms of the Prime Lease shall supersede and control. B. Attornment: In the event of cancellation or termination of the Prime Lease (including a rejection ofthe Prime Lease in bankruptcy proceedings) prior to the expiration date thereof, and prior to the expiration date ofthis Sublease, or any extensions thereof, whether voluntary, involuntary or by operation oflaw, this Sublease shall remain in full force and effect and the Prime Landlord shall become the successor sublandlord under this Sublease. Upon receipt of written notice from the Prime Landlord that the Prime Lease has been c~Ìiceled or terminated, Subtenant shall (i) make full and complete attornment to the Prime Landlord for the balance of the Term of this Sublease, including any extensions or renewals thereof notwithstanding the Prime Lease not providing for attornment, and (ii) Subtenant shall make all rent payments hereunder to the Prime Landlord or to such parties as the Prime Landlord shall designate in writing to Subtenant. t C. Non-Disturbance: Notwithstanding the occurrence of any default by Sublandlord under the Prime Lease, Prime Landlord shall not disturb, modify or terminate Subtenant's rights to the Subleased Premises, and its possession thereof, as long as Subtenant is not in default under the Sublease beyond any applicable grace or cure period set forth herein. While this provision is not intended to prevent Prime Landlord from terminating the Prime Lease upon the occurrence of a default by Sublandlord under the Prime Lease, it is the intention of the parties that upon the termination ofthe Prime Lease during the term ofthe Sublease, Prime Landlord shall make the Subleased Premises available to Subtenant on the same terms an conditions as are set forth in this Sublease. t D. Consent and Joinder of Prime Landlord: The parties agree and understand that this Sublease is expressly contingent upon, and as a condition precedent to the effectiveness of this Sublease, Sublandlord receiving the written approval of this Sublease by the Prime Landlord and, if necessary, the Federal Aviation Administration, and providing a copy of same to Subtenant. 10. USE OF SUBLEASED PREMISES: The Subleased Premises shall be used for the operation of a commercial and non-commercial aircraft storage, charter, maintenance and aircraft assembly and rebuilding of antique classic aircraft business. Subtenant covenants to keep the area in and around the Subleased Premises in a safe, clean and tenantable manner. Subtenant will neither make nor permit any disturbance, unusual noise or annoyance whatsoever detrimental to the Subleased Premises or to the comfort of its neighbors and otherwise inconsistent with the general purpose of this Sublease. The Subtenant further agrees to abide by all federal, state, and local governmental regulations applicable to such use and shall not use the Subleased Premises nor permit the Subleased Premises to be used for any illegal purpose whatsoever. The use of the Subleased Premises by the Subtenànt is specifically subject to the Rules, Regulations, and Conditions promulgated by the Federal Aviation Agency or any other agency, whether federal, state, or local, having jurisdiction over the operations ofthe St. Lucie County International Airport and is further subject to the terms, conditions, and regulations imposed by the Prime Landlord, including but not necessarily limited to the General Rules and Regulations governing the commercial activities at the St. Lucie County 5 ,,~ <\.r' ~ International Airport. Subtenant shan comply in its use of the Subleased Premises, with all rules, regulations, terms, covenants, and conditions imposed by said governmental bodies. 11. INDEMNIFICATION: ) A. Subtenant agrees that it wi1l indemnify and hold hannless Sublandlord and Prime Landlord of, from, and against all suits, claims and actions of every kind by reason of any breach, violation, or non-perfbrmance of any term or condition on the part of Subtenant hereunder. Additional1y, Subtenant agrees to indemnify and hold Sublandlord and Prime Landlord hannless of, from, and against al1 suits, claims, actions, damages, liabilities, and expenses asserted against Sublandlord and/or Prime Landlord on account of injuries to person or damage to property when and to the extent that any such damage or injury may be caused, either approximately or remotely, wholly or in part by any action or omission, whether negligent or not, of Subtenant or any of its agents, servants, employees, contractors, patrons, or invitees or any other person entering on the Subleased Premises under or with the expressed or implied invitation of Subtenant, its agents, employees, and invitees ofthe Subleased Premises. This paragraph is for the benefit of Sublandlord and Prime Landlord of the Subleased Premises only, and no right of action shal1 accrue hereunder to any third party by way of subrogation or otherwise. B. Notwithstanding any other provision herein to the contrary, Subtenant shal1 not be responsible or have any obligation to indemnify and hold harmless Sublandlord or Prime Landlord from any claims, suits losses, damages or injuries to persons or property of whatsoever kind or nature arising from the direct or indirect actions or omissions of Prime Landlord or Sublandlord or their agents, servants, representatives or personnel whether the same would result from any condition created or caused by Prime Landlord or Sublandlord their agents, servants, representatives or personnel. . 12. PERSONAL PROPERTY: All furniture and operating equipment placed on the Subleased Premises by Subtenant shall remain the property of Subtenant. Subtenant may at the expiration ofthe Tenn hereof remove such property, if the removal is done without damage to the Subleased Premises. . 13. INSURANCE: Subtenant shal1 provide and maintain, at its own expense, throughout the Term of this Sublease the fol1owing insurance: A. Comprehensive public liability insurance with respect to the Subleased Premises and Subtenant's activities therein and thereabout, insuring against liability personal injury or death, property damage or other loss, with deductibles of no more than $5,000.00 and in amounts no less than: (i) $2,000,000.00 with respect to personal injury or death to anyone person; (ii) $2,000,000.00 with respect to property damage or other loss arising out of anyone occurrence. B. Workman's Compensation insurance in at least the statutory amounts. 14. MAINTENANCE AND REPAIRS: A. Sublandlord shal1, at Sublandlord's expense, keep the roof, exterior wal1s and structural portions of the Hangar in good repair,anØ tenantable condition during the Tenn of this Sublease. 6 ,'-" ,'-< ..I B. Subtenant shall, at Subtenant's expenses be responsible for the maintenance and repair ofthe interior of the Hangar, all landscaping on the Subleased Premises and any equipment associated with the wash ramp. . Should either party fail to perfonn its maintenance obligations under this Section, within ten (10) days after receipt of written notice of such failure, the other party shall provide the necessary maintenance, and the party which failed to fulfill its obligations under this Section shall be responsible to repay (on demand) the other party for the maintenance plus a 20% surcharge fee. In the event that Sublandlord shall fail to perfonn its maintenance obligation and to repay Subtenant as set forth above, then Subtenant may deduct from the next rental payment due any amounts due by Sublandlord. r 15. UTILITIES: Subtenant agrees to pay for all utilities needed to serve and operate the -;:'., Subleased Premises. 16. SUBTENANT DEFAULT: Each ofthe following shall bë deemed to be an event of default by Subtenant and a breach by Subtenant hereunder: ~ A. The default in the payment of any Base Rent or additional rents or any part thereof when same is due, or in the making of any other payment herein provided for and nonpayment continues for ten (10) days after Sublandlord shall have given to Subtenant a written notice specifying the nature of such default. þ B. The default in the perfonnance of any other obligation of Subtenant under this Sublease, including but not limited to failure by Subtenant to repay Sublandlord, after demand, for any payments due under Section 14B above, and the continuance of such default for ten (10) days after Sublandlord shall have given to Subtenant a written notice specifying the nature of such default. If said default shall be of such a nature that it cannot reasonably be cured or remedied within said ten (10) day period, this shall not be deemed to be an event of default if Subtenant, shall have commenced in good faith the curing or remedying of such default within such ten (10) days period and shall thereafter continuously and diligently proceed therewith to completion. , C. Except as herein provided, any default of Subtenant under the tenns of the Prime Lease, shall also constitute a default under this Sublease. D. Subtenant shall become insolvent or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors. E. Subtenant shall file a petition under any section or chapter of the United States Bankruptcy Refonn Act of 1978, as amended, or under any similar law or statute ofthe United States or any state thereof; or the Subtenant shall be adjudged bankrupt or insolvent in proceedings filed against the Subtenant. . F. Except as herein provided,. the transfer or assignment ofthis Sublease to any other person (s) other than a pennitted assignee, or the heir of an individual Subtenant whether by operation oflaw or otherwise. G. The Subleased Premises becoming vacant or deserted by Subtenant and remaining 7 ,\.., ,'-' ""'" so for twenty (20) consecutive days after Sublandlord shall have given Subtenant written notice specifying the nature of such default. þ 17. SUB LANDLORD REMEDIES: On the happening of any ofthe above events, Sublandlord may, at its option (in addition to an other rights and remedies provided Sublandlord at law, in equity or hereunder), after the expiration ofthe ten (10) day period provided for in Sections l6A and l6B above, and twenty (20) days after written notice to Subtenant, take the following actions, and the following provisions shall apply: r A. Sublandlord's Right to Tenninate Sublease: If such default is of a nature that the same may be cured within a twenty (20) day time frame from the date of delivery of notice and Subtenant fails to cure such default within this twenty (20) day time frame, the Sublandlord may tenninate this Sublease and any and all interest of Subtenant hereunder, and may thereupon immediately re-enter and take possession of the Subleased Premiic·s, and declare the entire Base Rent sum remaining unpaid for the then current five (5) year period due and payable, less the amount of any payments received, if any, which Sublandlord shall receive during such period ITom others to whom the Subleased Premises·'may be rented shall be paid over to Subtenant atthe expiration of the Tenn ofthis Sublease or on the soonertennination thereof in accordance with this Sublease. þ B. Right of Sublandlord to Cure Default: Sublandlord may, but shall not be obligated to, upon ten (10) days written notice or without notice in case of emergencies, cure any default(s) by Subtenant under this Sublease and Subtenant shall pay to Sublandlord, as additional rent on demand all costs and expenses incurred by Sublandlord in curing such default (s), including, without limitation, court costs and reasonable attorney's fees and disbursements in connection therewith, together with interest in the amount of costs and expenses so incurred at the rate of eighteen percent (18%) per annum. þ C. Sublandlord's Right to Iniunction or Decree: Restrain by injunction or obtain a decree specifically compelling perfonnance of any such tenn or provision of this Sublease. D. Additional Remedies: Sub landlord shall be entitled subject to the tenns of this Sublease, to any and all other remedies provided to Prime Landlord under the Prime Lease to the extent allowed by the tenns of the Prime Lease. In the event Sub landlord has defaulted under the Prime Lease, Prime Landlord shall succeed to the rights of Sublandlord with regard to this Sublease. E. Sublandlord's Remedies Cumulative: Each and all of the remedies given to Sublandlord in this Sublease or by law shall be cumulative, and the exercise of one right or remedy by Sublandlord shaH not impair its right to exercise any other right or remedy. 18. DEFAULT BY SUBLANDLORD: Each of the following shall be deemed to be an "Event of Default" by Sublandlord and a breach by Sublandlord hereunder: . A. If Sublandlord fails or refuses to perfonn any material provision of this Sublease that it is obligated to perfonn and if the failure to.perfonn is not cured within ten (10) days after written notice of the default has been given by Subtenant to Sublandlord. If the default cannot reasonably be cured within ten (10) days, Sublandlord shall not be.in default ifSublandlord commences to cure the default within the ten (10) day period and diligently and in good faith continues to cure the default. . , 8 ,,'-' II. _ ".,..,.. """ B. If Sub landlord defaults, terminates, or commits any act or omission that results in the termination of the Prime Lease. . 19. REMEDIES OF SUBTENANT: On the happening of any of the above Events of Default, Subtenant may, at its option (in addition to all other rights and remedies provided Subtenant at law, in equity or hereunder), after the expiration ofthe ten (10) day period provided for in Section IRA above, twenty (20) days after written notice to Sublandlord, elect to take the following actions: A. Subtenant's Right to Terminate Sublease: Terminate this Sublease whereupon the parties shall be relieved of all further obligations to the other. B. Subtenant's Right to Iniunction or Decree: Restrain by injunction or obtain a decree specifically compelling performance of any such term or provision of this Sublease. C. Right of Subtenant to Cure Sublandlord's Default: Subtenant may, but shall not be obligated to, upon ten (10) days written notice or without notice in case of emergencies, cure any default(s) by Sublandlord under this Sublease. Sublandlord shall pay to Subtenant all costs and expenses incurred by Subtenant in curing such defau1t(s), including, without limitation, court costs and reasonable attorney's fees and disbursements in connection therewith, together with interest in the amount of costs and expenses so incurred at the rate of eighteen percent (18%) per annum. D. Subtenant's Remedies Cumulative: Each and all of the remedies given to Subtenant in this Sublease or by law shall be cumulative, and the exercise of one right or remedy by Subtenant shall not impair its right to exercise any other right or remedy. E. Subtenant's Right to Damages: Subtenant shall have the right to recover all direct damages, costs and expenses which are proximately caused by any Event of Default by Sublandlord hereunder. 20. ARBITRATION: Disputes described in Section4A and only such disputes, shall be decided by arbitration in accordance with the rules and regulations of the American Arbitration Association then pertaining, unless the parties mutually agree otherwise. No arbitration shall include by consolidation,joinder or in any other manner, parties other than the Sublandlord and Subtenant and any other persons substantially involved in a common question offact orlaw, whose presence is required if complete relief is to be accorded in the arbitration. Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described herein or with any person not named or described herein. The award rendered by the arbitrators shall be final and binding and judgment may be entered upon the . award in accordance with applicable law in a court of competent jurisdiction. The Subtenant and Sublandlord agree that venue shall lie exclusively in St. Lucie County, Florida. Notice ofthe demand for arbitration shall be given in writing to the other party to this Sublease. The demand for arbitration shall be made within a reasonable time after the dispute in· question has arisen, and in no event shall it be made after the date when institution oflegal or equitable proèeedings based on such dispute matter in question would be barred by the applicable statute oflimitations. " 21. ASSIGNMENT: A. No assignment ofthi~ Sublease shall be made by Subtenant without the prior written 9 ~ ...... ..,J consent, of Sublandlord and Prime Landlord, which consents shall not be unreasonably withheld or denied. B. In the event of an approved assignment, the assignee shall agree in writing to assume all of the tenns, covenants, and conditions of this Sublease on Subtenant's part to be perfonned, and a duplicate original of such Sublease shall be delivered to Sublandlord within the ten (10) days following the date of its execution or its effective date, whichever is sooner. » 22. EMINENT DOMAIN: If any part of the Subleased Premises shall be taken or condemned for a public or quasi public use, and the same, in the sole discretion of Subtenant, serves to interfere with the business operations of Subtenant, then Subtenant, at its option, shall have the right to tenninate this Sublease and receive a release ofthe Letter of Credit which has been issued in favor of Sub landlord; or continue with its occupation of the Subleased Premises, but the Base Rent payable under this Sublease shall be reduced in such amount as detennined by multiplying the Base Rent by a fraction, the numerator of which is the area of the Subleased Premi~és remaining after condemnation and the denominator of which is the area of the Subleased Premises as of the date ofthe condemnation. If a part or all ofthe Subleased Premises shall be taken or condemned, Subtenant shall be entitled to that portion of the an award for Subtenant's loss of buildings, furniture and fixtures, constructed or installed by Subtenant; the cost of removing its property; and the loss of value of its leasehold interest in the land so taken. Any portion of any condemnation award which is not specifically apportioned to Subtenant sha1l become the property of Sublandlord. 23. DAMAGE BY FIRE OR OTHER CASUALTY: If the Hangar or the Subleased Premises shall be totally or partia1ly destroyed by fire or other casualty, the Base Rent and additional rent shall be abated to the extent that the Subleased Premises shall have been rendered untenantable for the period rrom the date of such damage or destruction to the date the damage or destruction shall be repaired or restored. If the Hangar or the Subleased Premises sha1l be totally damaged or destroyed by fire or other casualty, or if the Hangar shall be so damaged or destroyed by fire or other casualty (whether or not the Subleased Premises are damaged or destroyed) that its repair or restoration requires more than one hundred twenty (120) days, then in such case Sub landlord or Subtenant may tenninate this Sublease by giving the other notice of such effect within sixty (60) days after the date of the casualty. Sublandlord sha1l provide to Subtenant within said sixty (60) day period an estimate rrom a licensed general contractor as to the amount of time necessary to restore the Subleased Premises or Hangar. 24. ENVIRONMENTAL CLEAN-UP. LIABILITY AND INDEMNITY: A. Sublandlord hereby represents that, except for that certain Consent Order (OGC Case No. 88-0987), Sublandlord is not aware of, nor has Sublandlord received notice of, any non-compliance with or violation of Environmental Laws related to the Subleased Premises or the presence or release of Hazardous Material on or from the Subleased Premises. The tenn "Environmental Laws" shall include without limitation, the Clean Air Act, 42 V.S.C. S 7401 et seq.; the Clean Water Act, 33 V.S.C. S 1251 et seq., and the Water Quality Act of1987; the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), 7 U.S.C S 136 et seq.; the Marine Protection, Research, and Sanctuaries ACT, 33 U.S.c. S 1401 et seq.; the National Environmental Policy Act, 42 V.S.C. S 4321 et seq.; the Noise Control Act, 42 U.S.C. S 4901 et seq.; the Occupational Safety and HeaHh Act, 29 V.S.C. S 651 et seq.; the Resource Conservation and Recovery Act ("RCRA") 42 V.S.C. S 6091 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 V.S.C. S 3001 et seq.; the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 V.S.C. S 9601 et seq.; as amended by the Superfund Amendments and ,Rc;;authorization Act, and the Emergency Planning and 10 ,'-" t r , þ I . t þ '-' ...I Community Right-to-Know Act; the Toxic Substance Control Act ("TSCA"), 15 U.S.C. S 2601 et seq. and the Atomic Energy Act, 42 U.S.C. S 2011 et seq" all as may have been amended as of the date of this Sublease, together with their implementing regulations and guidelines as of the date ofthis Sublease. The term "Environmental Laws" shall also include all state, regional, county, municipal and other local laws, regulations, and ordinances that are equivalent or similar to the federal laws recited above or that purport to regulate Hazardous Materials. The term "Hazardous Materials" shall include, without limitation, any hazardous substance, pollutant, or contaminant regulated under CERCLA; oil and petroleum products and natural gas, natural gas liquids, liquified natural gas, and synthetic gas usable for fuel; pesticides regulated under FIFRA; asbestos, polychlorinated byphenyls, and other substances regulated under TSCA; source material, special nuclear material and by-product materials regulated under the Atomic Energy Act; and industrial process and pollution control wastes to the extent regulated under applicable Environmental Laws. B. Subtenant shall only be liable ~or Hazardous Materials discharged on the Subleased Premises which results from its use ofthe Subleased Premises. Subtenant shall not be liable for Hazardous Materials discharged on the Subleased Premises existing prior to Subtenant's use and occupancy of the Subleased Premises or for any Hazardous Materials discharged by Prime Landlord or Sublandlord. Subtenant shall provide reasonable assistance to Prime Landlord or Sublandlord in ascertaining the cause of Hazardous Materials discharged on the Subleased Premises. C. Sublandlord and Subtenant each hereby agrees to indemnify and hold hannless the other and the other's agents, owners, directors, officers, affiliates, successors and assigns from and against any claim or action of every name and nature made as a result of or arising in connection with their respective breach of the provisions of this Section 24.' 25. ACCESS: Sublandlord represents and warrants to Subtenantthat Subtenant shall have legal, practical and direct vehicular access, over paved roads, from the Subleased Premises to public roads. 26, SIGNS: Subtenant shall have the rightto erect, display and maintain any signs or advertising to the exterior of the Subleased Premises or within the Subleased Premises, provided that such signs and advertising comply with all FAA, local government, or local airport rules, regulations and ordinances. 27. SALES AND PERSONAL PROPERTY TAXES: Subtenant agrees to pay, before delinquency, any and all taxes of whatever kind and nature levied or assessed and which become payable during the Term upon Subtenant's equipment, furniture, fixtures and other personal property located in the Subleased Premises, and shall also pay any and all sales, use, excise or similar taxes which arise from or are relate to the leasehold herein conveyed or the payments required hereunder which by law are required to be paid by the Subtenant. The sales, use or excise taxes shall be paid at the same time rental payments are made. 28. REAL ESTATE TAXES: The Subtenant shall pay, ifany, all ad valorem taxes, real estate taxes and special assessments imposed on the Subleased Premises, and in connection therewith shall have the right at its own expense and cost to initiate and prosecute any proceedings pennitted by law for the purpose of obtaining an abatement of or otherwise contesting the validity or amount of taxes or assessments assessed to or levied upon the Subleased Premises. " 29. SUBLEASEHOLD MORTGÁGES: Subtenant is hereby given the right by Sublandlord, in addition to any other rights herein granted, with Sublandlord's prior written consent, which shall not be 11 ~ þ r ~ þ t . . ~ "wi unreasonably withheld, to, from time to time, grant mortgages pertaining to its interest in this Sublease and assign this Sublease, and any sublease, as collateral security for any debt secured by such mortgagees). Any such mortgage shall be a "Subleasehold Mortgage" as such tenn is used in this Sublease. The owner and holder of any Subleasehold Mortgage shall be a "Subleasehold Mortgagee" as such tenn is used in this Sublease. Any first priority Subleasehold Mortgage shall be a "First Subleasehold Mortgage" as such tenn is used in this Sublease. The holder of any First Subleasehold Mortgage shall be a "First Subleasehold Mortgagee" as such tenn is used in this Sublease; the use of such tenn shall also include the holder of more than one Sl,Ibleasehold Mortgage, provided one of the Subleasehold Mortgages held by said party shall be a First Subleasehold Mortgage. If Subtenant shall from time to time mortgage this subleasehold, and if any First Subleasehold Mortgagee has sent to Sublandlord a true copy of the First Subleasehold Mortgage, together with written notice, specifying the name and address (which address may be changed by subsequent written notice) of the First Subleasehold Mortgagee, and such First Subleasehold Mortgage shall remain unsatisfied of record, or until written notice of satisfaction is given by the holder to Sublandlord, the following provisions shaH apply: A. So long as any Subleasehold Mortgage remains unsatisfied of record, no tennination by Subtenant and no cancellation, surrender, alteration, modification or amendment of this Sublease by Sublandlord and Subtenant shall be of any force or effect unless first approved in writing by the First Subleasehold Mortgagee. B. Sublandlord shall, upon serving Subtenant with any notice of default, simultaneously serve a copy of such notice upon the First Subleasehold Mortgagee, and no notice to the Subtenant shall be effective unless and until the copy thereof is served upon the First Subleasehold Mortgagee. The First Subleasehold Mortgagee shall thereupon have the same period as Subtenant has, plus an additional fifteen (15) days, after service of such notice upon it, to remedy or cause to be remedied the default complained of, and Sub landlord shall accept such perfonnance by or at the instigation of such First Subleasehold Mortgagee or any other Subleasehold Mortgagee, even though Sublandlord shall not be obligated to provide notice to any Subleasehold Mortgagee other than the First Subleasehold Mortgagee, as ifthe same had been done by Subtenant. C. Anything herein contained notwithstanding, while such First Subleasehold Mortgage remains unsatisfied of record, or until written notice of satisfaction is given by the holder to Sublandlord, if any default shall occur which, pursuant to any provision of this Sublease, entitles Sublandlord to tenninate this Sublease, and ifbefore the expiration of thirty (30) days from the date of service of notice oftennination upon such First Subleasehold Mortgagee, such First Subleasehold Mortgagee shall have notified Sublandlord of its desire to nullify such notice and shall have paid all past due rents, taxes, utility expenses and/or insurance premiums herein provided for, and shall have complied or shaH commence the work of complying with all other requirements of this Sublease, if any are then in default, and shall prosecute the same to completion with reasonable diligence, then in such event Sublandlord shall not be entitled to tenninate this Sublease and any notice oftennination therefore shall be void and of no effect. D. Sublandlord agrees that the'name of any Subleasehold Mortgagee may be added to the "Loss Payable Endorsement" of any and all iÌ)surance policies required to be carried by Subtenant hereunder and, anything herein to the contrary notwithstanding, the insurance proceeds shall be applied as required by any then existing First Subleasehold Mortgage, provided, however, any proceeds payable on account of fire or other casualty shall be used, to the extent necessary, to restore the Subleased Premises. 12 ·\.w þ r ~ ~ ~ þ þ . '-' ...", E. Sublandlord agrees that in the event of termination of this Sublease for any reason, that Sub landlord will enter into a new sublease of the Subleased Premises with the First Subleasehold Mortgagee or its designee, such designee to be subject to Sublandlord's consent, which consent shall not be unreasonably withheld or delayed, for the remainder ofthe Term, effective as ofthe date of such termination, at the rent and upon the terms, provisions and covenants contained herein. F. Sublandlord agrees, promptly after submission, to execute, acknowledge and deliver any amendrpents modifying this Sublease requested by any First SubleaseholdMortgagee, provided that such amendments or modifications do not decrease Subtenant's obligations, or increase Subtenant's rights, or decrease Sublandlord's right, and provided that such amendments or modifications meet with the approval of Sublandlord, which approval shall not be unreasonably withheld or delayed in accordance with the foregoing standards. At the time of execution of said amendments or modifications, Subtenant shall compensate Sublandlord for any reasonable attorney's fees or costs incurred by Sublandlord in complying with this Section 29F. " . 30. ALTERATIONS AND ADDITIONS: Subtenant shall nòt make or allow to be made any structural alterations, additions or improvements to or of the Subleased Premises or any part thereofwithout the express prior written consent of the Sublandlord, which consent shall not be unreasonably withheld. Sublandlord's consent shall not be required for non-structural alterations, additions or improvements. Ifnot in default, the Subtenant may at the end ofthe Term remove its personal property and restore the Subleased Premises to a tenantable condition. In the event the Sublandlord consents to the making of any structural alterations, additions or improvements to the Subleased Premises by the Subtenant, the same shall be made by the Subtenant at the Subtenant's sole cost and expenses. 31. INSPECTION: Upon not less than twenty-four (24) hours advance notice, the Sub landlord, or its representatives, successors and assigns, shall have free access to the Subleased Premises at all reasonable times during business hours for the purpose of inspecting the Subleased Premises, or, without requirement of notice, taking such actions as may be necessary to protect the Subleased Premises from loss or damage. The Sublandlord's right of entry and inspection rights shall be subjectto the reasonable security requirements ofthe Subtenant. 32. OUIETENJOYMENT: Upon observance and performance of all of the terms, covenants and conditions on Subtenant's part to be observed and performed, Subtenant shall peaceably and quietly enjoy the Subleased Premises and shall have the right of use of the parking lot and ramp area for the Tenn without hindrance and interruption by the Sub landlord or any other person or persons lawfully or equitably claiming by, through or under the Sublandlord, subject, nevertheless, to the terms and conditions of this Sublease. 33, ENTIRE AGREEMENT: This Sublease embodies the entire agreement between the parties hereto relative to the subject matter hereof and shall not be modified, changed, or altered in any respect except in writing. 34. BINDING EFFECT: The covenants, agreements, and obligations herein contained in this Sublease shall, subject to the provisions as to assignments, be binding upon and shall inure to the benefit of the heirs, successors, executors, administrators and àssigns ofthe parties hereto. 35. RECORDING: Ashortfonn notice of sublease substantially in thefonn of the Memorandum of Sublease, attached hereto as Exhibit "E" and incorporated herein by this reference, shall be prepared in 13 \w þ r t þ . '-" "WI recordable form and, at the option of either party, be recorded in the public records of St. Lucie County, Florida. The short form of sublease shall give notice of the Subtenant's interest in the Subleased Premises and of its leasehold rights under this Sublease. The Subtenant shall release the Memorandum of Sublease in writing on or prior to the expimtion of the term of the Sublease or any extension thereof. 36. NOTICES: All notices, demands, or communications required or permitted under this Sublease will be in writing and delivered by hand or mailed by certified mail, return receipt requested, postage an~ registration or certification charges prepaid, or by nationally recognized overnight courier service, or by fax, to the party entitled thereto at the address and to the fax number set forth below or such other party(ies), address( es) or fax number(s) as either party specifies by written notice to the other from time to time. Any notices, demands or communications shall be deemed delivered (i) on the date delivered ifby overnight courier service, (ii) on the date of trans mission with confirmed answer back if by fax, and (iii) on the date that is three (3) days after deposit with the Unit~d States Postal Service properly addressed with full postage if sent by certified or registered mail, as the case may be. Any legal counsel designated below or any substitute counsel as designated by Sub landlord or Subtenant by written notice to the other party is authorized to give notices under this Sublease on behalf of its respective client. All notices to be given to the Sublandlord hereunder shall be given to at: B & E Houck Enterprises, Inc. Attn:-,o; . E:.r- ....01 \ ~ k. 2982 Curtis King Boulevard Fort Pierce, Florida 34946 Fax: 'Sin r - 4(0 ~ ' ()~:<::.:1 with a copy to: Attn: Fax: and to Subtenant at: Mirabella Yachts Attn: Craig Young 3170 Airmans Drive Fort Pierce, Florida 34949 Fax: 561-466-3764 with a copy to: Gunster, Yoakley &" Stewart, P.A Attn: Stephen Vogêlsang, Esquire 777 South Flagler Drive West Palm Beach, Florida 33401 Fax: (561) 655-5677 14 \w '-" ....,; unless and until such other place is designated in writing by Sub landlord or Subtenant. 37. GOVERNING LAW: This Sublease shall be construed and interpreted under the laws of the State of Florida. Venue of any proceedings arising from this Sublease, or in any action between the parties shall be in St. Lucie County, Florida. . 38, ATTORNEYS FEES AND COSTS: In the event of any litigation or arbitration arising out ofthis Sublease, the prevailing party will be entitled to recover all expenses and costs incurred, including reasonable attorneys' fees and costs. r ***EXECUTION PAGES FOLLOW*"'* .<t-. . , , 15 "-' t t þ '-' ....,¡ IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first set forth hereinabove. "SUBLANDLORD" Witnesses: B & E HOUCK ENTERPRISES, INC., a Florida 00'1'0""00 ?!::d By !l. ~ Name: I-p<ò ouc:... Title: ..r~ co:.. k;v,~ ~rt~~._~~ '''., "SUBTENANT" Witnesses: MIRABELLA Y ACRTS, INC., a Delaware corporation ... ~/\.;\~ ~.~~. ~~rr STATE OF <¡::\oOn~ COUNTY OF ~+. L ..'r.. 1~ The foregoing instrument was acknowledged before me this ~i- day of 0 <.. ~ b-e...y-' ,2000, b~....'r"C\ ~{\c::~ as 'S..r ,"",,":\-o-.r~ ofB&EROUCKENTERPRISES,INC.,aFlorida corporation, on behalf of the corporation. e/~ IS personally known to me (Jr baB pfQQll('ed a:; iJ"'lltif,.:.lttion. [Notarial Seal] ~A:-.I -'~, ~\1~~~ (printed Namel't-,.\ 0...... -{>_ ~. S'K)("~"",--,,- Notary Public, State of Florida Commission expires: 3,-.l. I ' 04- ",\tVI'ú OFFlOIALNOTAllYSEAl. O"'ð~ DL'NiBSUO<EMA . ~ COMMISSION NUMBeR ~ CC914845 "'{co ~ MY COMMISSION EXPIRES OF f\.O MAR. 21 04 , I 16 "- '-' ...." - STATE OF t=\OY'L~ COUNTY OF ~+. LI.A~ I~ Theforegoinginstrumentwasacknowledgedþeforemethis.)..4-~ dayof 0 L--\.abf..-r ,2000, by t .YCA' \ '=> A;, £r'V\M as ~ . P. 04 ()) ~~r'IÀ.~ of MIRABELLA Y ACRTS, INC. a Delaware corporation, on be If 0 he corporatIOn. He/S;Ø IS personally known to me or hag preàyced as id""L;f¡cation. ,~. . ~~'--.\) _ ~. j,~.J...~" ~" [printed Namer:D' I 0.. '- '" ~ '"}s 'S, kK-€"rV\.f.L. Notary Public, State of Florida Commission expires: s- ~ l- 0 '4 [Notarial Seal] Q,' p" OFACIAlNOTARY SEAL ~t' Vð_ DWlEBSIKKEMA o '''- ~~ <¡ COMIotISSIONNUMBER ,~ '< CC914845 .,.~ # IotYOOMMISSIONEXPtFIES OF f\.O MAR.212004 þ ~ þ 17 ~ Þ I þ ~ þ '-' .-- CONSENT AND JOINDER OF ST. LUCIE COUNTY PORT AND AIRPORT AUTHORITY The undersigned, referred to as the "Prime Landlord" in the foregoing Sublease Agreement between Mirabella Yachts, Inc. and B & E Houck Enterprises, Inc. (coIlectively, the" Agreement") hereby consents to the terms and conditions set forth in the Agreement, including without limitation Section 9 of the Agreement, and agrees to be bound by the terms thereof. ATTEST: ST. LUCE COUNTY PORT AND AIRPORT AUTHORITY ,~. . By: Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: By: Name: Title: 143670,7 18 P iã , .~\ \\\:::.. , " \ \., \\ \ " , t,\ k,,\ \ ., ' "~\ \ : ID !ii! ¡~II ~~,~ -'~ i :",~:::, \ '...,\ :"bI " ~. ~'~'1 ',1 I " : \ \1' : , , I, , : 11 ¡ !~ : , , , " I : .: , 1m it' , , :I~ , , , , I'i , , , , I , , , , , I I ¡I!~UI ~¡~¡¡I ¡I¡~¡il ¡ , : H_H~~:~f"_H IG~U ;Ii~d i~~~~ : I ! ,I; ~b~ I I,;' z"l"'1 I II III ! HI !i Pi i I r-\~8~~ I¡! Ii i II ~~ d¡ ,EJ I ~a ' p J . } II I l=: =:::, ~ Ii i' "õ~: ~¡ ~ ~ i . W :1 \ ~ ~ Ii III;; ¡~! Ii nil ¡.~ .. - ~ Ii · i ~ ~ :0 <'S ~ ~ ); ~ "- ~ E:! ~.. Ît ~ ~ SC(1' , r ~ PIIW :IJIW ~JlI¡¡: Iln ! Iln I Iln ) ~'~'n'I¡'I" ì 'I'~'¡ I i~iF h~is ' ~ 8~ Ì! ' !~.. f ! ;II.! I II. d i ~ ~ ~ii i~: 0.. 1itÕ; ..." '"' N ~ o ;;t ~~ 1l5:~~ ~:?;; "IO;Q1"á ~ ~z " ~ o :Þ- z :-I .. 712.18' £o~. , /"" '$ ,,', , ' ..... , , Jo... , I I , , , , , I ,.,., t...s:: ! ¡ ~ -I ~ I! 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'>;\,. ç( i~"¡JIII!'1 ¡. ",., I 3>,~. ,I I' z . .Æ '.¡:, ...~. _ ' W'.. I~¡!: · I!~. ,I ~':'I',!!,I;. 11.···." I ' 'I'~&~lr""" "."".. ~c,> '; PU.!U!'i·~1 ': i "¡'I lIa.lill'l' s::, -¡ "f.;:'! "~'.~~' """_~ lij 'Iii r II !s·.~I~.~.!. :h"~'&i i' )0 - ".' . J'" ;;:-,,>')~\, 7 .Iô':'" 'I,III. ~ I. I . ~'I~~lih' .1 'tI.. ..:Ll~r~,-:i ~ ~~,~,-, . .'ÿ, #'~ !!I:iiil:~:I ~ ·I':II!ínJ :J!¡~i:~J· >I.!. '.j';;. ~l~~:-"1i.~;j-:"Ç,.. ,¡~, /7'. )'~~~."\";~.' ' ,,~~ -iM. i,l! ~ ~: i.lm illÍh'~! ¡ {\r H. 1-'-"-' ,W-;~ Ø"þ'x.,:,.'\¿?,: A f h~ªj! ,..! ','§ 11' 'c...!!I· II ~ ,"¡-¡Iii ¡5'~,;'Y1-!?;¿:!{. '~-1'/",>,.;'J l .. . I j. w. ul .(,.., "../"'?lI~.f'.í'.../? ";,<',,-;'."l' ~ -'. " -- ~- .,..,.., -. -....... -..... - -, VELCON GROUP_ INC. : CNCINEER$ .. SURVEYORS 10;1 S.w. PORT ST. LUCIC 8L\1), SUrf( -'-, POtltT St. LUCIE n.ORlDJl, 3"1iS3 ~¡:;~ :j::~:~: REVISION$ ~,~ -- ............. -- aT. LUCE IN'TERNATlONAL AIRPORT ST. LUCIE CO. F1. t~ ~10y[I.J,SCO P.r.II....:I!IW' EXHIBIT nCII SUbleased Premises "" MIRABELLA SITE PLAt HANGAR 10 WEST ~l. / ,,"'~ '-' ....,¡ ITEM NO. C- ¿ - g DATE: June 5, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul Phillips SUBJECT: Accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A), and authorize the Chairman to execute the JP A and resolution 01-146 authorizing the Chairman to sign the agreement, for the construction of taxiway "A" extension at St. Lucie County International Airport. This JP A provides for $220,000 of the $275,000 necessary for the project. This is a 80% matching fund JP A with the Florida Department of Transportation AGENDA REQUEST BACKGROUND: On March 28, 2000, the Board approved the submittal of the St. Lucie County International Airport Joint Automated Capital Improvement Program to the Florida Department of Transportation (FDOT) and the Federal Aviation Administration (FAA). One of the projects submitted for consideration for future year's funding from the agencies was the construction of taxiway A at the Airport. This project extends taxiway A and prevents the necessity for aircraft taxiing east on taxiway A to re-enter the runway to access the businesses on the east quadrant of the airport. Due to the immediate runway safety enhancement caused by this project and the immediately funding availability, the FDOT has agreed to fund the taxiway A construction at 80 percent of the projects estimated cost of $275,000. Although funds were not budgeted for the current fiscal year, $55,000 is currently available in the airport funds carryforward balance to cover the 20 percent matching fund requirement. FUNDS AVAILABLE IN ACCT#: Matching funds of $55,000 are available in the Airport funds carryforward balance account. (140-9910-599900-800). PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends that the Board accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA), and authorize the Chairman to execute the JPA and resolution 01-146 authorizing the Chairman to sign the agreement, for the construction of taxiway "A" extension at St. Lucie County International Airport. This JP A provides for $220,000 of the $275,000 necessary for the project. This is a 80% matching fund JP A with the Florida Department of Transportation. COMMISSION ACTION: Reviews & A roval County Attorney: . Originating Dept· Finance:(Check fì r CONCURRENCE: ·.···4 OMB~1YImbl]urchasing Other: Other: only, if applicable) {<:]APPROVED [ ]DENIED [ ]OTHER: '-w '-" ....I RESOLUTION NO. 01-146 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT P ARTICIP ATION AGREEMENT (FIN. PROJ. NO. 411099-1-94-01) FOR THE CONSTRUCTION OF TAXIWAY "A" EXTENSION AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO E~CUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS -"'. WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for the construction of Taxi way "A" Extension at the S1. Lucie County International Airport (Fin. Proj. No. 411099-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above-referenced proj ec1. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofS1. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 411099-1-94-01) to provide funding for the construction of Taxiway "A" Extension at the S1. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above-referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on this resolution was as follows: Chairperson Frannie Hutchinsòn Vice-Chairperson Doug coward Commissioner Cliff Barnes Commissioner Paula A. Lewis Commissioner John D. Bruhn 1 '-' '-" ~ PASSED AND DULY ADOPTED this 5th day of June, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRPERSON ,,¡.". APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 '- """ .I FORM 725-030-00 PUBLIC mANSP ADMIN 07/00 Page 1 0112 STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO,: Fund: DS FLAIR Approp: 088719 411099-1-94-01 FLAIR Obj,: 750004 (Item-segment-phase-sequence) -, Function: 637 Org. Code: 55042010428 Contract No: Federal No: N/A Vendor No: VF 596000835030 Catalog of Federal Domestic Assistance Number: N/A Catalog of State Financial Assistance Number: 55004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners hereinafter referred to as the AGENCY. WIT N ESE T H: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6) , Florida Statutes, to enter Into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to Construct Taxiway "A" Extension. . , . , and as further described in Exhibit(s) A. B. C & F attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. '-' '-'" ....., FORM 725-Q30-06 PUBLIC TRANSP ADMIN 07/00 Page 2 of 12 2.00 Accomplishment of the project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws, 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, pennit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Ageòcy: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attãched hereto and by this reference made a part hereof. , 3.00 Project Cost The total estimated cost of the project is $ 275,000.00 . This amount is based upon the estimate summarized in Exhibit "8" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in èxcess of the total estimated cost of the project and any deficits involved. 4.00 Deparbnent Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 220,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "8''. whichever ¡siess. - 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) . Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becQmes available. ~ ~ 4.20 Front End Funding: Front end funding (isHis not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (i&) (is not) applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of t~e final project audit. 6.00 Project Budget and Payment Provislonlil: 8.10 The Project Budget: A project budget shall be prepared by the Agel1cy and approved by the Department. The Agency shall maintain said budget, carry out thep~ject and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease sh~\I be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and IS approved by the Department Comptroller. '- '-"' ...,I FORM 725-030-06 PUBLIC TRANSP ADMIN 07/00 Page 3 of 12 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 1.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts, Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment i~ .made. , I 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project. which Department payments and other funds are herein COllectiVely referred to as "project funds". The Agency"shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project. including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified. readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: 1. All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number, and year, and name of the federal agency. State grant and aid funded grants are to be identified with the Financial Project Number (FPN) and contract number. 2. Audits shall be conducted under the guidelines of A-133, Section 215.97. Florida Statutes, and Chapter 10.600, Rules of the Auditor General. . 3. For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be submitted within the earlier of 30 days after the receipt of the auditor's report, or 9 months after the end of the subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must be indicated by the subreclpient (Agency) in correspondence accompanying the audit report, or reporting package. and data collection form. '- ~ ....",¡ FORM 725-03()'oo PUBLIC TRANSP ADMIN 07/00 Page 4 of 12 4. The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. 5. Project records shall be retained and available for at least three years after the final payment. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. . Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection forms shall be sent to: Federal Audit Clearinghouse Bureau of the Cènsus 1201 East 10th Street Jefferson, IN 47132 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. Reports of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600 Rules of the Auditor General shall be sent to: State of Florida Auditor General P.O. Box 1735 Tallahassee, FL 32302-1735 , , and the District Public Transportation Office identified in paragraph 8.10 of this agreement. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "Cw. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four, Public Transportation Office 3400 W. Commercial Blvd. Ft. Lauderdale, Florida, 33309 its requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payme.nt requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postauditthere'of. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112,061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date tha Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. '- '-' """ FORM 725-030-06 PUBLIC TRANSP ADMIN 07/00 Page 5 0112 (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: SUbject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: '''.. 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data fumished therewith or pursuant hereto; , I f , 8.22 Litigation: There is then pending litigation with respect to the pertormance by the Agency of any of its duties or obligätions"which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or , ~ 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 DisaIlowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project. and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services pertormed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by tþe Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension GeneraIly: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or cor;Jditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or "all of its obligations under this Agreement. '- .""" "will FORM 725-030-06 PUBLIC TRANSP ADMIN 07/00 Page 6 or 12 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) fumish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms ähd conditions imposed by the Department upon the failure of the Agency to fumish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency orthe closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Déþartment reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. I 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and atter payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspect/on: The Agency shaU permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. , ~ 12.00 Contracts of the Agency: . 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attomey shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy ofthe't)epartment that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. '- '-' '"""" FORM 72!HJ30.06 PUBLIC TRANSP ADMIN 07/00 Page 7 of 12 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, repipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: I 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employ~~ or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age; creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection fortraining, including apprenticeship, The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development òr operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials, When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. . ~ 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in hoUsing on the basis of race, color, national origin, religion, sex, disability and familial status. . 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the· federal govemment issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily .acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of ~hé Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or a~ngement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: . "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Govemmental agency. '- "'" ...I FORM 725-030-00 PUBLIC TRANSP ADMIN 07/00 Page 8 of 12 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution ofthis Joint Participation Agreement constitutes a certifICation by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Deparbnent Not Óbligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on thë part' of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. I 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder 'NOuld then continue to conform to the tenns and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. J t 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that apprópriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance YJith general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good worKing order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CF~ Part f8, when applicable. 14.80 Disposal of Project Facilities or Equipmént Ifthe Agency disposes of any project facility or equipment during its useful life for any purpose except its replac~ment with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis oUhe ratio of the Department financing of the facility or equipment as provided in this Agreement. ' 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and aU of its officers, agents, and employees from any claim, loss, damage, cost, charge, or '- "'" ....,¡ FORM 725-030-06 PUBLIC TRANSP ADMIN 07/00 Page 9 of 12 expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recogni1;e and accept the funding restrictions set forth in Section 339,135(6)(a), and Section 129,07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: I (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a}, Florida Statutes. (b) It is unlawful for the Bôard of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.00, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter Of for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. I When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party, Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. t 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certiftcation: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance a.ndobligation to pay under this Agreement is contingent upon an annual appropriation by the LegisJ¡;jture. ' 17.20 Multi-Year Commlbnent: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its '-' '-' ...., FORM 72S-03(>.06 P\J61.IC TRANSP ADMIN 07/00 Page 10 0112 terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shaH require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making ·of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before June 20. 2003 ". If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District Four . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated, 18.10 Finallnvoice:'The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. I 19.00 Agreement Format All words used herein in the singular form shall extend to and include the plural. All 'NOrds used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. , 21.00 Restrictions on Lobbying: . 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the a'Narding of any federal contract, the making of any federa.1 grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreen'lent, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts unaer grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature ora state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) wor1<ing days to inspect and approve the goods and services unless the bid specifications, purchase order or contract speciftes otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The '--' ~ .....J FORM 725-030-06 PUBLIC TRANSP ADMIN 07100 Poga 11 of 12 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency, The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollarwill not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. .~. . A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payr\1ent{s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792, , 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287. 133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business With any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." , . ... '-' ...., FORM 72&.030-06 PUSUC TRANSP ADMIN 07/00 Page 12 of 12 Financial Project No. 411099-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY Sl Lucie County Bo~rd of County Commissioners FDOT COMPTROLLER FUNDING APPROVAL DATE: BY: . ~ TITLE: ATTORNEY DEPARTMENT OF TRANSPORTATION ATTEST: . TITLË: (SEAL) DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS ATTEST: APPROVED AS TO FORM, LEGALITY TITLE: (SEAL) ...... '-' ....., Fin. Proj. No.: 411099-1-94-01 Contract No.: Agreement Date: EXHIBIT "An PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners PROJECT LOCATION: ., St. Lucie County International Airport PROJECT DESCRIPTION: Construct Taxiway Kg Extension , , SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will refiect the Department's contract number, Financial Project number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. þ SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A "- '-" ...,., Fin. Proj. No.: 411099-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners '¡:'-. I. TOTAL PROJECt COST: $275,000 II. PARTICIPATION: Federal Partìtipation: FAA, FTA, UMTA, etc. O.OOOfo $0 , AgeOOf Participation: In-Kìnd $0 Cash 20.00% $55,000 Other $0 , Maximum Department Participation: Primary (DS) (DDR) (DIM) (PORl) 80.00% $220,000 Federal Reimbursable (DU) (FRA) (DFTA) $0 Þ Local Reimbursable (DL) $0 III. TOTAL PROJECT COST: $275,000 .... '-' EXHIBIT "C" (GENERAL) ..." Exhib~ C Page 1 of 2 Fin, Proj, No.: 411099-1-94-01 Contract No,: Agreement Date: This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and S1. Lucie County Board of County CommiS$ioners Documents require~,to be submitted to the department by the Agency In accordance with the tenns of this agreement SUBMITTAUCERTIFICATION Consultant SelS?"tion ~ompliance Design Submittal* 100% Plans, Specifications and Contract Documents, signed and sealed by Registered Professional Engineer ~ Construction/Procurement Safety Compliance Release for Notice to Proceed Annual Audit Reports Completion Per Specifications þ * Plans, Specifications, Engineering Report One (1) Full Size set and (1) 11x17 set to be sent directly to: Rebecca L. Rivett Aviation Specialist Public Transportation Office, D4 3400 West Commercial Boulevard Fort lauderdale, FL 33309-3421 BASIS FOR ACCEPTANCE Agency Attorney's Certification Engineer Certification** Department Letter (a) Department Review (b) Agency Certification Department letter Agency Certification Agency Certification ** Criteria for development and certification of plans, specifications, and contract documents is defined in the DESIGN DEVELOPMENT CRITERIA Section of this Exhibit. - - ~. ~ ....." Exhib~ C Page 2 of 2 Fin. Proj. No,: 411099-1-94-01 Contract No,: Agreement Date: DESIGN DEVELOPMENT CRITERIA The plans, specifications, construction contract documents, and any and all other similar engineeiing, construction, and contractual documents produced by the Engineer for the project are hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in the Joint Participation Agreement. Section 1,00, "Purpose of Agreement", and Exhibit aN of this Agreement. , The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in.!:omp!iance with the applicable requirements of these standards. · Federal Aviation Administration Regulations and Advisory Circulars · Florida Department of Transportation Standards of Design for General Aviation P~e~ . · State of Florida Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways · State of Florida Manual on Uniform Traffic Control Devices · State of Florida Roadway and Traffic Design Standards Development of the plans shall comply with all applicable lalNS, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. þ Note: The current version(s) or edition(s) as of the execution date of the Engineering Agreement for the design of the project. ·\w w ...,¡I FP No.: 411099-1-94-01 Contract No.: Agreement Date: EXHIBIT "F" SPECIAL AIRPORT ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners I. GENERAL '<. a, These assurances shall be complied with in the performance of master planning, land acquisition, economic development or capital improvement projects which contain NO federal funds. . b. Upon acceptance of this Joint Participation Agreement by the sponsor, these assurances are incorporated in and become a part thereof. II. DURATION The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for any airport development project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant agreemént utilizing state funds for the project. However, there shall be no limit on the duration of the assurances with respect to real property acquired with project funds. 1/1. SPONSOR CERTIFICATION The sponsor hereby assures and certifies, with respect to this grant . a. It has sufficient funds available for that portion of the project costs not paid for by the State, It has sufficient funds available to assure operation and maintenance of items it will own or control funded under the grant agreement. b. It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department, that good title will be acquired. c. If an arrangement is made for management and operation of the airport by any agency or person othér than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the Federal Airport and Airway Improvement Act of 1982, or successive legislation; the regulations and the terms, 'conditions and assurances in the grant agreement; and shall ensure that such arràngement also requires compliance therewith. "" """ ~ d. It will adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting, or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. e. It will make its airport available as an airport for public use on fair and reasonable terms. f. It will pennit no exclusive rights for the use of the airport by any persons providing, or intending to provide aeronautical services to the public. g. All revenues generated by the airport will be expended by it for the capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the owner or operator of the airport and directly related to the actual aerial transportation of passengers or property. '~.. h. Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing improvements thereon.