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Agenda Packet 06-25-01
~rr- BOARD OF CO(1NTY COMMISSIONERS ADDITIONS AGENDA Junes 2001 ~~ REG~]LAR AGENDA COt]NTY ATTORNEY R-A.1 Local Option Gas Tax Division of Proceeds Beginning September 1, 2001 -Consider staff recommendation that the Board determine whether to approve the annual determination set out above and direct the County Attorney to notify the Department of Revenue of the redetermination by July 1, 2001. GC~o~ ~~>~ ~~d~~~ ~~ ~~° f~~/ ~.l ~,~~' . ~- a 5 ~~~cGl~~o,~ NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal anyaction taken by the Board at these meetings will need a record or the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. err TUNE 2 5, 2001 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and acrion by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. aOARD Of COUNTY COMMISSIONERS www.stlucieco.gov AGENDA June 25, 2001 9:00 A.1vI. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barges District 5 Approve the minutes of the meeting held June 19, 2001. ~dv 'cJ~ 2. PROCLAMATIONS /PRESENTATIONS /ANNOUNCEMENTS A. Five-Star Restoration Site Bronze Plaque Presentation -Staff will present a plaque to the Board on behalf of the National Association of Counties (NaCo), the US Environmental Protection Agency (EPA), and National Oceanic and Atmospheric Administration (NOAH) for the Blind Creek Dune Restoration Project. B. The St. Lucie County Investment Committee will present recommendations to the board on Investment Policies. C. Announcement /The July 3, 2001 and August 7, 2001 Board of County Commissioners Meetings have been cancelled. D. The next Strategic Planning Session with the Board of County Commissioners will be held on July 9, 2001 at 9:00 am at the Oxbow Eco- Center (Environmental Learning Center). 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ~Pr~~f~~Q NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swum in. Any party to the proceedings will be granted the opportunity tocross-examine ary individ~ ~*r testifying during a hearing upon request. Anyonewith a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ~r `„~i REGULAR AGENDA JUNE 26, 2001 PAGE TWO PUBLIC HEARIlVGS 5A. Resolution No. 01-157 and Resolution No. 01-158 /Senior Ministry Services, Inc. Project -Consider staff recommendation to approve the resolution approving the project and the resolution authorizing issuance of bonds. ~~ ~~ End of Public Hearings PUBLIC WORKS Resolution No. 01-149 -Consider staff recommendation to adopt the resolution approving the Final Assessment R~11 for the Briargate Municipal Services Benefit Unit. ~ ~ COMMUNITY DEVELOPMENT Resolution No. O1-120/Quasi-.Tudicial/ Sunrise Ford Addition -Consider staff recommendation to approve the resolution granting a Major Site Plan Approval for the construction of a 52,500 square foot automobile dealership. Location: West side of South US 1, approximately % mile south of the intersection of South US 1 and Midway Road ~~~.~~ 8. COUNTY ATTORNEY Cf2CEcc d U'l ~,~~~ ~ w~~~~-- Resolution No. 01-153 -Consider staff recommendation to adopt the resolution endorsing Amtrak Passenger Service on the East Coast of Florida and encouraging the Florida Legislature through the Florida Department of Transportation to fund the necessary improvements to achieve passenger service with a passenger station to be located in the City of Fort Pierce, Florida. ~~~~~~ ~,r ~rI' REGULAR AGENDA JUNE 25, 2001 PAGE THREE 9. ADMINISTRATION A. Tourist Development Council Request for Proposals (RFP) for Promotional Services for October 1, 2001 through September 30, 2002 -Consider staff recommendation to issue the attached Request for Proposals for Promotional Services for Tourism for the 2002 Fiscal Year. ~~(~(;~~~ , B. County Commission Redistricting -Consider staff recomme dation to -• accept, the staff report and hold further action ntil all 2001. ,~p~ ~.1 ~ f ~ ~11~-lLe ~~~ ~~Ke~1 C(~-~C.G'ke0~5 ~i'~~r''~~~ C. Bi-weekly Committee Reports -The Board will give updates on the various committees and advisory boards that they serve on. '~-r CONSENT AGENDA Tune 25. 2001 1. WARRANTS LIST Approve warrants list No. 38 2. PARKS AND RECREATION •rr A. Equipment Request No. 01-267 -Consider staff recommendation to approve the equipment request for the purchase of a Flexible Steel Drag Mat in the amount of $927.40. B. Resolution No. 01-156 -Consider staff recommendation to approve the resolution amending the fees and policies for the Savannas Recreation Area. C. Resolution No. 01-151 -Consider staff recommendation to approve the resolution naming the building that will house the Smithsonian Marine Ecosystems Exhibit, the "St. Lucie County Marine Center". 3. PUBLIC SAFETY Budget Amendment No. 01-159 /Equipment Request No. 01-268 and Equipment Request No. 01-269 -Consider staff recommendation to declare an emergency, waive the standard bid process and approve the budget amendment and equipment requests for the purchase of a generator and enclosure. 4. PUBLIC WORKS A. Manatee Protection Plan Contract Amendment - Consider staff recommendation to approve the amendment to the contract with Florida Fish and Wildlife Conservation Commission, as reviewed and approved by the County Attorney, and authorize the Chairman to execute the amendment. B. Platt's Creek Water Quality Improvement Project /EPA Section 319 Grant Application -Consider staff recommendation to grant authorization to submit a grant application for $380,000, and authorize the Chairman to sign the grant application. C. Savannas Ecosystem Management Project -Consider staff recommendation to grant authorization to submit an EPA Section Nonpoint Source Management Program grant application to FDEP in the requested amount of $600,000 for the Indian River Estates/Savannas Ecosystem Management Project and authorize the Chairman to sign the application. D. Resolution No. 01-150 -Consider staff recommendation to approve the resolution naming the Oxbow Eco-Center - A St. Lucie County Environmental Learning Center. ''+~' CONSENT AGENDA JUNE 25, 2001 PAGE TWO 5. COUNTY ATTORNEY A. Economic Development Council of St. Lucie County / Investment/Partnership Fee -Consider staff recommendation to approve the proposed contract with the Economic Development Council of St. Lucie County, and authorize the Chairman to sign the contract upon receipt of the signed originals from the Council. B. Teamsters Local Union No. 769 /Proposed Second Amendment to the October 1, 1999 Collective Bargaining Agreement - Consider staff recommendation to approve the proposed second amendment to the Collective Bargaining Agreement with Teamsters Local Union No. 769, and authorize the Chairman to sign the amendment. C. Tax Deed Certificates-County Owned /Tax Deed Application -Consider staff recommendation to approve Budget Amendment No. 01-160. D. Savanna Club Apartments /Subordination of Conservation Easement - Consider staff recommendation to approve the Consent and Subordination and authorize the Chairman to sign the Consent and Subordination. 6. MANAGEMENT AND BUDGET A. Budget Resolution No. 01-154 -Consider staff recommendation to accept the Bulletproof Vests Grant Award from the US Department of Justice in the amount of $2,270.95, authorize the County Administrator to sign the electronic grant award documents, and approve the budget resolution to appropriate and expend the funds. B. Budget Resolution No. 01-155 -Consider staff recommendation to approve the budget resolution to appropriate and expend the funds for the $400,000 Airport Fire Equipment Grant awarded by the Florida Department of Transportation (FDOT). 7. CENTRAL SERVICES Contract Amendment -Consider staff recommendation to approve the Second Amendment to the contract with Electrical Materials Installation, Inc. to modify the payment schedule for Phase II to provide two (2) payment draws (Total: $40,570). 8. ADMINISTRATION Recreation Update -Staff will forward a written update to the Board. ST. LUCIE COUNTY EROSION DISTRICT BOARD OF COMMISSIONERS MINUTES John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA June 25, 2001 1 2. Approve the minutes of the meeting held May 22, 2001. GENERAL PUBLIC COMMENT CONSENT AGENDA 1 2 WARRANTS LISTS Approve Warrants List No. 34 through No. 38 PUBLIC WORKS ~~ rz~v~~ Engineering /Fort Pierce Beach Project -Consider staff recommendation to approve Work Authorization No. 4 (C-00-12-181) with Taylor Engineering, Inc. to provide Plans & Specifications Surveys in an amount not to exceed $7,996, and authorize the Chairman to execute the work authorization. NOTICE All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boazd at these meetings will need a record of the proceedings and Par such purpose may need to ensure that a verbatim record of [he proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462- 1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ~/ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING ~' Date: June 19, 2001 Convened: 7:00 p.m. Tape: 1-2 Adjourned: 8:30 p.m. Commissioners Present: Frannie Hutchinson, Chairman, Doug Coward, C1iffBarnes, John Bruhn, Paula A. Lewis Others Present: Dan McIntyre, County Attorney, Pete Keogh, Parks and Recreation Director, Ray Wazny, Public Works Director, Marie Gouin, M & B Manager, Roger Shinn, Central Services Director, Paul Hiott, Veterans Services Manager, Don Cole Acquisitions, Don West, County Engineer, Bill Blazak, Utilities Director, David Kelly, Planning Manager, Deputy Reed, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-025) It was moved by Com. Lewis, seconded by Com. Coward to approve the minutes of the meeting held June 12, 2001; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Announcement/ The BCC held a workshop today with the Chamber of Commerce. B. Announcement/ The BCC will be holding a 2"d Public Workshop on the Board Facility Siting Plan on June 20, 2001 at 6:00 p.m. C. Announcement/ The BCC meeting for June 26, 2001 has been re-scheduled for June 25, 2001 at 9:00 a.m. D. Announcement/ The July 3, 2001 meeting and the August 7, 2001 meeting have been cancelled. 3. GENERAL PUBLIC COMMENTS Mr. Charles Grande, Hutchinson Island, addressed the Board regarding the Walton Road Bridge and presented the Board with a packet consisting of articles where they should problems with a bridge which had been constructed by FIG Engineering. The Indian River Estates Association advised the Board that they will be contributing $500. to the relocation and restoration of the Rasmussen House. Mr. Herbert Beach, White City resident, advised 'the Board that the White City Improvement Club will be donating $600. to the restoration and relocation of the Rasmussen House as well as in-kind services. He also advised the Board of the many letter he has received regarding other groups and trades requesting to donate their services. -1- Mr. Midas addressed the Board on the problems at the Sunland Gardens area which he felt were not taken care of as previously promised. Com. Hutchinson stated she would walk through the area with him and asked if he would call her office to schedule the meeting time. 4. CONSENT AGENDA (1-0356) It was moved by Com. Bruhn, seconded by Com. Lewis, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. WARRANT LIST The Board approved Warrant List No. 37. 2. PUBLIC WORKS A. Engineering/Walton Road Project- The Board approved Resolution No. 01-148 authorizing the Chairman to sign a Local Agency Agreement with the FDOT for the Walton Road Project. B. Solid Waste/Resolution No. 01-141- The Board approved the resolution reducing the amount of the fee to $19 per ton for disposal of Class III Construction and Demolition Debris, building materials and packaging materials and providing an effective date for the St. Lucie County Glades Road Landfill effective July 1, 2001. C. Environmental Lands/Contract Amendment- The Board approved the first amendment to the contract with Ecological Associates, Inc., as prepared by the County Attorney and authorized the Chairman to execute the amendment. 3. PARKS AND RECREATION Agreement Amendment- The Board approved the amendment to the Agreement for Operation of Lawnwood Stadium and authorized the Chairman to sign the agreement. 4. PURCHASING Permission to Advertise- The Board granted permission to advertise for bids for the annual testing and servicing of the County elevators. 5. MANAGEMENT AND BUDGET A. Equipment Request No. 01-266Budget Amendment No. 01-158- The Board approved the equipment request and budget amendment for the purchase of Teen Court computer equipment in the amount of $35,000. B. Lennard Road MSBU Loan Payback- The Board approved paying back the interim loan to Bank of America. r -2- ~/ ~.r~ 6. COUNTY ATTORNEY Certificate of Public Convenience and Necessity/Renewal of St. Lucie County Fire District Class ACON- The Board determined that the St. Lucie County Fire District has satisfied the standards of review for renewal of its Class A Certificate of Public Convenience and Necessity as set forth in Section 1-12.5-9 and 1-12.5-16 of the St. Lucie County Code of Ordinances and approved the renewal of the CON for an additional two years. 7. ADMINISTRATION A. The weekly written Recreation Update will be forwarded to the Board for review. B. Permission to Advertise- The Board granted permission to advertise the Community Redevelopment Agency Interlocal Planning AgreemenbCity of Port St. Lucie for July 17, 2001 which is a night meeting. 8. CENTRAL SERVICES A. Smithsonian Marine Ecosystem Museum/Final Payment- The Board approved the request for retainage final payment to Paul Jacquin & Sons in the amount of $82,202.22. B. Rasmussen House- The Board approved the move of the Rasmussen House and place on the location designated for the trading post as per the Master Plan. 9. VETERANS SERVICES Budget Amendment No. 01-157- The Board approved the budget amendment in the amount of $3,715 to purchase add-on features for the veterans 15 passenger maxi-van and to ensure availability of funds to purchase gas for the remainder of FY 00-01 from the General Contingency Fund. REGULAR AGENDA 5. COMMiJI~TITY DEVELOPMENT (1-611) A. Resolution No. 01-025- Joseph M Maturani- Consider staff recommendation to approve the resolution to define a Class "A" Mobile Home as a Detached Single Family Dwelling Unit for 11 acres of land in the AG-5 zoning district. It was moved by Com. Lewis, seconded by Com. Bruhn, to approve Resolution No. 01-025; and, upon roll call, motion carried unanimously. B. Resolution No. 01-144- Consider staff recommendation to approve the resolution to define a Class " A" Mobile Home as a Detached Single Family Dwelling Unit for 3 acres of land in the AR-lzoning district. Com. Coward commented on the letters of opposition received . Staff advised the Board of the address convection which should read 7123 Oleander . The petitioner addressed the Board and advised them of her plans for the home which will be for her seriously ill father to live in and she will be taking care of him. -3- `d"` It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 01-144; and, upon roll call, motion carried unanimously. Staff advised the Board that this item noted as a request for approval of Resolution No. 01-115 should be a request for approval of Ordinance No. 01-01. C. Ordinance No. 01-01- William and Daura Hilson- Consider staff recommendation to approve the ordinance granting a change in Future Land Use Designation from COM designation to the RM designation. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve Ordinance No. 01-01; and, upon roll call, motion carried unanimously. D. Resolution No. 01-116- Williams and Daura Hilson- Consider staff recommendation to the resolution granting a change in zoning from. the CG zoning district to RM-5 zoning district. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve Resolution No. 01-116; and, upon roll call, motion carried unanimously. E. Resolution No. 01-117- Consider staff recommendation to approve the resolution granting a change in zoning from AR-1 to I zoning district. It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 01-117; and, upon roll call, motion carried unanimously. F. Resolution No. 01-118- Consider staff recommendation to approve the resolution granting a change in zoning from I to RS-3 zoning district. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 01-118; and, upon roll call, motion carried unanimously. COUNTY ATTORNEY (1-1475) G. Ordinance No. 01-09- Consider staff recommendation to adopt the ordinance prohibiting placement of tobacco products in open display directly accessible to the public. The County Attorney advised the Board that the ordinance will be modified to reflect that this ordinance would affect only the unincorporated areas of the county , Representatives from SWAT were present to address the Board with statistics and information. Rev. Dr. Donna Mills addressed the Board on the affects of youth smoking. Dr. David Harder, President of the American Cancer Society addressed the Board on the affects of smoking. Ms. Diane Walgren, Director of the Health Department, also addressed the Board regarding the health problems smoking has caused and the medical cost . Dr. Judy Miller, School Board member addressed the Board in favor of the ordinance. -4- ~.r Mr. James Larsen, area resident, addressed the Board regarding the accessibility of tobacco products at various stores in the county and asked the Board consider possibly initiating a penalty of those who sell to minors losing their occupational licenses. The Board commended the SWAT organization for their hard work and asked that they continue their efforts in attempting to get an ordinance passed in the cities of Fort Pierce and Port St. Lucie. It was moved by Com. Coward, seconded by Com. Lewis, to approve Ordinance No. 01-09 as amended; and, upon roll call, motion carried unanimously. 6. COUNTY ATTORNEY (1-3522) Port of Ft. Pierce Master Plan/Agreement with Florida Atlantic University- Consider staff recommendation to approve the agreement and authorize the Chairman to sign the agreement. Com. Coward commented on utilizing the committees more effectively . It was moved by Com. Bruhn, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court -5- `./ EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 22, 2001 Convened: 11:26 a.m. Tape: 2 Adjourned: 11:26 a.m. Commissioners Present: Chairman Cliff Barnes, Paula A. Lewis, Doug Coward, Frannie Hutchinson, John Bruhn absent Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Julia Schewchuk, Community Development Director, Ray Wazny, Public Works Director, Don West, County Engineer, A. Millie Delgado, Deputy Clerk 1. MINUTES (2-1890) It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the minutes of the meeting held May 8, 2001; and, upon roll call, motion carved unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The District approved Warrant List Nos. 32 and 33. 2. PUBLIC WORKS Engineering/Contract for Maintenance and Repair of Geo-Tubes- The District approve declaring an emergency and waived the bidding process and awarded a contract to Underwater Engineering Services, Inc., not to exceed $33,960 and authorized the Chairman to execute the contract. There being no further business to be brought before the District, the meeting was adjourned. Chairman Clerk of Circuit Court Diane Turner-June 25 Aye a Page 1 From: Anna Smith To: Diane Turner Date: 6/19/01 9:40AM Subject: June 25 Agenda Five-Star Restoration Site Bronze Plaque Presentation For the June 25 Agenda, staff needs to make a plaque presentation to BOCC on behalf of National Association of Counties (NaCo), the US Environmental Protection Agency (EPA), and National Oceanic and Atmospheric Administration (NOAA) for the Blind Creek Dune Restoration Project. Agency representatives could not make the trip for it. CC: Mike Bowers; Raymond Wazny h~ ~~~~~~ ~ ~~~ CLERK OF CIRCUIT COURT FINANCE DEPARTMENT MEMORANDUM TO: Doug Anderson, County Administrator FROM: Chris Hartley, Finance Director y DATE: June 14, 2001 RE: Investment Committee Meeting On Wednesday June 13, 2001, the St. Lucie County Investment Committee (the Committee) met and unanimously agreed to make the following recommendations to the St. Lucie County Board of County Commissioners (the Board). The Committee recommends that the banking services contract for the Board of County Commissioners' operating funds be drafted to include the Utility Operating funds. In addition, the Committee recommends that the contract term be three (3) years, with a two (2) year renewal option. I appreciate your assistance in scheduling these items on the next Board agenda for the Commissioners' approval. Representatives from the Committee will be available to answer any questions the Board may have. I will review the Committee's discussions on the other items the Board had asked the Committee to look into. Thank you for your cooperation, if you have any questions please feel free to call me at extension 1476. CKh/llh cc: Investment Committee members J. ~~ Joanne Holman 01-154 mem os. fd/m ee tingsumm JUNE 2 5, 2001 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME .r/ GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Depaztment requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking cleazly 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 C01~1NIENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. QOARD OF COUNTY COMMISSIONERS www.stlucieco.gov AGENDA June 25, 2001 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES w/ John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 Approve the minutes of the meeting held June 19, 2001. 2. PROCLAMATIONS /PRESENTATIONS /ANNOUNCEMENTS A. Five-Star Restoration Site Bronze Plaque Presentation -Staff will present a plaque to the Board on behalf of the National Association of Counties (NaCo), the US Environmental Protection Agency (EPA), and National Oceanic and Atmospheric Administration (NOAA) for the Blind Creek Dune Restoration Project. B. The St. Lucie County Investment Committee will present recommendations to the board on Investment Policies. C. Announcement /The July 3, 2001 and August 7, 2001 Board of County Commissioners Meetings have been cancelled. D. The next Strategic Planning Session with the Board of County Commissioners will be held on July 9, 2001 at 9:00 am at the Oxbow Eco- Center (Environmental Learning Center). 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA NOTICE: All Proceedings before this Board are electronically recorded. My person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. My party to the proceedings will be granted the opportunity tocross-examine arry individ~ ~*~ testifying during a hearing upon request Myone with a disability requiring accommodation to attend this meeting should contact the St Lucie County Community Serrices Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(49) hours prior to the meeting. ~r~' REGULAR AGENDA JUNE 26, 2001 PAGE TWO PUBLIC HEARINGS 5A. Resolution No. 01-157 and Resolution No. 01-158 /Senior Ministry Services, Inc. Project -Consider staff recommendation to approve the resolution approving the project and the resolution authorizing issuance of bonds. End of Public Hearings 6. PUBLIC WORKS Resolution No. 01-149 -Consider staff recommendation to adopt the resolution approving the Final Assessment Roll for the Briargate Municipal Services Benefit Unit. 7. COMMUNITY DEVELOPMENT Resolution No. O1-120/Quasi-.Tudicial/ Sunrise Ford Addition -Consider staff recommendation to approve the resolution granting a Maj or Site Plan Approval for the construction of a 52,500 square foot automobile dealership. Location: West side of South US 1, approximately %Z mile south of the intersection of South US 1 and Midway Road 8. COUNTY ATTORNEY Resolution No. 01-153 -Consider staff recommendation to adopt the resolution endorsing Amtrak Passenger Service on the East Coast of Florida and encouraging the Florida Legislature through the Florida Department of Transportation to fund the necessary improvements to achieve passenger service with a passenger station to be located in the City of Fort Pierce, Florida. REGULAR AGENDA ,JUNE 25, 2001 PAGE THREE 9. ADMINISTRATION A. Tourist Development Council Request for Proposals (RFP) for Promotional Services for October 1, 2001 through September 30, 2002 -Consider staff recommendation to issue the attached Request for Proposals for Promotional Services for Tourism for the 2002 Fiscal Year. B. County Commission Redistricting -Consider staff recommendation to accept the staff report and hold further action until Fa11 2001. C. Bi-weekly Committee Reports -The Board will give updates on the various committees and advisory boards that they serve on. `'fir` CONSENT AGENDA Tune 25. 2001 1. WARRANTS LIST Approve warrants list No. 38 2. PARKS AND RECREATION A. Equipment Request No. 01-267 -Consider staff recommendation to approve the equipment request for the purchase of a Flexible Steel Drag Mat in the amount of $927.40. B. Resolution No. 01-156 -Consider staff recommendation to approve the resolution amending the fees and policies for the Savannas Recreation Area. C. Resolution No. 01-151 -Consider staff recommendation to approve the resolution naming the building that will house the Smithsonian Marine Ecosystems Exhibit, the "St. Lucie County Marine Center". 3. PUBLIC SAFETY Budget Amendment No. 01-159 /Equipment Request No. 01-268 and Equipment Request No. 01-269 -Consider staff recommendation to declare an emergency, waive the standard bid process and approve the budget amendment and equipment requests for the purchase of a generator and enclosure. 4. PUBLIC WORKS A. Manatee Protection Plan Contract Amendment - Consider staff recommendation to approve the amendment to the contract with Florida Fish and Wildlife Conservation Commission, as reviewed and approved by the County Attorney, and authorize the Chairman to execute the amendment. B. Platt's Creek Water Quality Improvement Project /EPA Section 319 Grant Application -Consider staff recommendation to grant authorization to submit a grant application for $380,000, and authorize the Chairman to sign the grant application. C. Savannas Ecosystem Management Project -Consider staff recommendation to grant authorization to submit an EPA Section Nonpoint Source Management Program grant application to FDEP in the requested amount of 5600,000 for the Indian River Estates/Savannas Ecosystem Management Project and authorize the Chairman to sign the application. D. Resolution No. 01-150 -Consider staff recommendation to approve the resolution naming the Oxbow Eco-Center - A St. Lucie County Environmental Learning Center. ~ ` CONSENT AGENDA JUNE 25, 2001 PAGE TWO 5. COUNTY ATTORNEY A. Economic Development Council of St. Lucie County / Investment/Partnership Fee -Consider staff recommendation to approve the proposed contract with the Economic Development Council of St. Lucie County, and authorize the Chairman to sign the contract upon receipt of the signed originals from the Council. B. Teamsters Local Union No. 769 /Proposed Second Amendment to the October 1, 1999 Collective Bargaining Agreement - Consider staff recommendation to approve the proposed second amendment to the Collective Bargaining Agreement with Teamsters Local Union No. 769, and authorize the Chairman to sign the amendment. C. Tax Deed Certificates-County Owned / TaY Deed Application -Consider staff recommendation to approve Budget Amendment No. 01-160. D. Savanna Club Apartments /Subordination of Conservation Easement - Consider staff recommendation to approve the Consent and Subordination and authorize the Chairman to sign the Consent and Subordination. 6. MANAGEMENT AND BUDGET A. Budget Resolution No. 01-154 -Consider staff recommendation to accept the Bulletproof Vests Grant Award from the US Department of Justice in the amount of $2,270.95, authorize the County Administrator to sign the electronic grant award documents, and approve the budget resolution to appropriate and expend the funds. B. Budget Resolution No. 01-15 5 -Consider staff recommendation to approve the budget resolution to appropriate and expend the funds for the $400,000 Airport Fire Equipment Grant awarded by the Florida Department of Transportation (FDOT). 7. CENTRAL SERVICES Contract Amendment -Consider staff recommendation to approve the Second Amendment to the contract with Electrical l~faterials Installation, Inc. to modify the payment schedule for Phase II to provide two (2) payment draws (Total: $40,570). 8. ADMINISTRATION Recreation Update -Staff will forward a written update to the Board. fir' AGENDA REQUEST ITEM NO. DATE: June 25, 2001 REGULAR (] PUBLIC HEARING [XX] CONSENT [] TO. BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney PRESENTED BY: Daniel 5. McIntyre County Attorney SUBJECT: Senior Ministry Services, Inc. Project -Resolution No. 01-157 Approving Project - Resolution No. 01-158 -Authorizing Issuance of Bonds BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Stnff recommends that the Board approve Resolution Nos. 01-157 and 01-158 ns drafted. COMMISSION ACTION: [x] APPROVED [ ]DENIED [ ]OTHER: 5-0 bouglas Anderson County Administrator Review and Approvols County Attorney: Management ~ Budget purchasing: Originating Dept. Public Works Dir: County Eng. Finance: (Check for Copy only, if applicable) Eff. 5/96 ~.+' SQUIRE LEGAL SQUIRE, SANDERS & DEMPSEYL.L.P. SANDERS COUNSEL WORLDWIDE MEMORANDUM TO: Chairman and Members of the Board of County Commissioners of St. Lucie County, Florida FROM: Robert O. Freeman DATE: June 20, 2001 RE: St. Lucie Count ,Florida Senior Minist Services, Inc. Project The Board has previously approved a request by Senior Ministry Services, Inc. (the "Company"), to assist the Company in financing a portion of the cost of acquisition, construction, furnishing and equipping of a 71-unit assisted living facility and related facilities in the County (the "Project"), by the issuance ofnot exceeding $7,000,000 First Mortgage Revenue Bonds (Sage Living Center of Fort Pierce I, LLC -Lake Forest Park Retirement Community Project), Series 2001 (the "Bonds"). The Internal Revenue Code of 1986, as amended (the "Code"),permits the issuance ofbonds by the County to finance the Project on a tax exempt basis. Prior to the issuance of any such bonds, however, the County must hold a public hearing to receive public comment on the Project to be financed through the issuance of the bonds. Bonds issued by the County to finance the Proj ect will not be a debt or liability of the County but will be special, limited obligations of the County, payable from and secured solely by payments to be made by the Company under a loan agreement and related documents to be entered into by the County and the Company. The attached TEFRA resolution approves the Project and its financing by the Bonds pursuant to Section 147(f) of the Code. 7304V 1/28902-00087/m-board ~efra and auth The attached Authorizing Resolution provides for the issuance of the bonds and all action to be taken in connection therewith. Consideration by the Board of the TEFRA resolution approving the issuance of the bonds after the public hearing for purposes of the Code. Consideration by the Board of the Authorizing Resolution providing for the issuance of the Bonds for the purpose of financing the Project, and authorization of execution of documents necessary to consummate the financing. Robert O. Freeman 7304 V 1/28902-00087/m-board [cfra and auth RESOLUTION NO. O1- /S~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, APPROVING, PURSUANT TO THE REQUIREMENTS OF SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE ISSUANCE OF NOT EXCEEDING $7,000,000 REVENUE BONDS (SAGE LNING CENTER OF FORT PIERCE I, LLC -LAKE FOREST PARKRETIREMENT COMMUNITY PROJECT), SERIES 2001, ON BEHALF OF SAGE LNING CENTER OF FORT PIERCE I, LLC; AND PROVIDING AN EFFECTNE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Findings. A. Pursuant to Chapter 159, Part II, Florida Statutes (the "Act"), the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County"), has been requested by Sage Living Center of Fort Pierce I, LLC (the "Company"), to approve, for purposes set forth herein, the issuance of its revenue bonds in an aggregate principal amount not to exceed $7,000,000 to be known as the Revenue Bonds (Sage Living Center of Fort Pierce I, LLC -Lake Forest Park Retirement Community Project), Series 2001 (the "Bonds"), the proceeds of which will be loaned to the Company to enable the Company to (i) refinance a construction loan the proceeds of which were used to finance the cost of acquisition, construction, furnishing and equipping on land located within the County of an approximately 69-unit assisted living facility and related facilities on land located at 2909 25~' Street South, within the corporate limits of St. Lucie County, Florida (the "Project"), (ii) fund capitalized interest, (iii) provide working capital, (iv) fund reserves, and (v) pay a portion of the cost of issuing the Bonds. The Project will be owned by Sage Living Center of Fort Pierce I, LLC (the "Company"), a Florida limited liability company, the sole member of which is Sage Living Centers, Inc., a Florida nonprofit corporation which has been determined by the Internal Revenue Service to be an exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. The Project will be managed by Covenant Management Group, a Florida Corporation. B. The approval requested by the Company is to comply with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), which section requires the approval by the Board of the issuance of the Bonds after a public hearing on the matter has been held. C. The Board on the date hereof has held a public hearing pursuant to notice duly published pursuant to the public approval requirements of Section 147(f) of the Code. A copy of the proof of publication of the notice is attached hereto as Exhibit A. Section 2. Public Hearing Held. The Board, on this date, has held a duly called and iirr convened public hearing pursuant to the provisions and upon the terms and conditions set forth in Section 147(f) of the Code. Anyone who wanted to speak for or against the Project and the issuance of the Bonds was given an opportunity to do so. Section 3. Approval Of Bonds. The issuance of the Bonds is hereby approved for purposes of Section 147(f) of the Code. Section 4. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED at a meeting duly called and held this 25`" day of June, 2001. (SEAL) ST. LUCIE COUNTY, FLORIDA By: Chairman, Board of County Commissioners By: Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney z 5201v1/2890200087/R-TEFRA ~' Exhibit A Proof of Publication of Notice 5201 v I /28902W087iR-TEFRA No. 01-_~ BOND RESOLUTION r.~' A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA AUTHORIZING, INTER ALIA, THE ISSUANCE OF NOT TO EXCEED $7,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF ST. LUCIE COUNTY, FLORIDA FIRST MORTGAGE REVENUE BONDS (SAGE LNING CENTER OF FORT PIERCE I, LLC - LAKEFOREST PARK RETIREMENT COMMUNITY PROJECT) SERIES 2001, PROVIDING AN EFFECTNE DATE WHEREAS, St. Lucie County, Florida (the "Issuer") is a political subdivision of the State of Florida; and WHEREAS, the Issuer is authorized and empowered under and pursuant to the provisions of Part II of Chapter 159 of the Florida Statutes, as amended (the "Act"), to issue its special revenue bonds (the "Bonds") to finance the costs of construction, acquisition, furnishing, and equipping of a "health care facility," which includes facilities for the housing of and care of or for aged persons, financing charges, including interest during construction and for a reasonable period after completion of construction, all other costs necessary to place the facilities in operation, and certain costs relating to the issuance of such Bonds; and WHEREAS, in accordance with the applicable provisions of the Act, the Issuer, in furtherance of the public purpose for which it was created, proposes to enter into a Loan Agreement (the "Agreement"), to be dated as of June 1, 2001 (or such later date as maybe approved by the Issuer), with the Borrower, under the terms of which the Issuer agrees to issue the Bonds to finance, in whole or in part, the cost of acquiring, constructing and installing a certain project referred to in the Agreement (the •"Project"), and the Borrower agrees to pay to the Issuer specified payments which will be fully sufficient to pay the principal of, redemption premium, if any, and the interest on, the Bonds hereinafter authorized as the same become due and to pay certain administrative expenses in connection with said Bonds; and WHEREAS, it is also proposed that the Issuer should designate a "Trustee," "Paying Agent" and "Bond Registrar" in accordance with the request of the Borrower to serve under the Indenture; and WHEREAS, it is also proposed that the Issuer should take all such additional actions, make all such elections, authorize the filing of such certificates, applications, reports and notices, and authorize such other actions and proceedings as shall be necessary in connection with the issuance of the Bonds; and WHEREAS, there have been presented to the Issuer at this meeting the following proposed forms and the proposed form of the Bonds as set forth in the Indenture: ~r+ r,~' Exhibit "A" - Form of Loan Agreement, to be dated as of June 1, 2001; Exhibit "B" - Form of Indenture of Trust, to be dated as of June 1, 2001; Exhibit "C" Form of Bond Purchase Agreement to be dated as of the date of execution thereof; Exhibit "D" Form of Tax Regulatory Agreement to be dated the date of issuance of the Bonds; and Exhibit "E" - Form o f Preliminary Official Statement; and WHEREAS, it appears that each of the documents hereinabove referred to, which documents are now before the Issuer, is in appropriate form and is an appropriate document for the purposes intended; NOW, THEREFORE, BE IT RESOLVED, as follows: Section_l. Authority for Bond Resolution. This Bond Resolution is adopted pursuant to the provisions of the Act. Section_2. Findines. It is hereby ascertained, determined and declared that: (a) the financing of the acquisition, construction and installation of the Project is a lawful and valid public purpose in that it will further the public purpose intended to be served by the Act; (b) the Borrower has represented that the payments to be received by the Issuer under the Agreement will be fully sufficient to pay the principal of, redemption premium, if any, and the interest on the Bonds as the same become due and to pay certain administrative expenses in connection with the Bonds; and (c) the Bonds will constitute only special limited obligations of the Issuer and will be payable solely from the amounts payable by the Borrower under the Agreement and the amounts specifically pledged therefor under the Indenture and will not constitute a debt or a general obligation or a pledge of the faith and credit of the State of Florida or St. Lucie County, Florida, and will not directly, indirectly, or contingently obligate said State or said County to levy or to pledge any form of taxation or other revenues whatever for the payment thereof. Section_3. Authorization of Financin og f Acquisition, Construction and Installation of Project. The financing ofthe acquisition, construction and installation of the Proj ect as contemplated in the Agreement and the Indenture is hereby authorized. 2 Section_4. Authorization of Bonds. For the purpose of paying the costs, in whole or in part, of acquiring, constructing and installing the Project, the issuance of not to exceed $7,000,000 in aggregate principal amount of special, limited revenue bonds of the Issuer known as "St. Lucie County, Florida First Mortgage Revenue Bonds (Sage Living Center of Fort Pierce I, LLC -Lake Forest Park Retirement Community Project) Series 2001," is hereby authorized. The Bonds shall be dated the date of issuance thereof, mature in the years not exceeding 30 years from the date thereof, bear interest at rates not exceeding 10% per annum, be subject to redemption prior to maturity, be issued in such series, and be payable as set forth in Articles II and III of the Indenture. The final terms of the Bonds, as set forth in the Indenture, shall be subject to the approval of the Chairman ofthe Board of County Commissioners of the Issuer, which approval shall be conclusively evidenced by his execution of the Indenture. The Bonds shall be issued as registered bonds without coupons in various denominations with such rights of exchangeability and transfer of registration and shall be in the form and executed and authenticated in the manner provided in the Indenture. The term "Bonds" as used herein shall be deemed to mean and include the Bonds as initially issued and delivered and Bonds issued in exchange therefor or in exchange for Bonds previously issued. Any Bonds hereafter issued in exchange or for transfer of registration for the Bonds initially issued and delivered pursuant to the Indenture shall be executed in accordance with the provisions of the Indenture and such execution by the Chairman of the Board of County Commissioners and Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners of the Issuer, whether present or future, is hereby authorized. Section_5. Authorization ofAgreement. The execution, deliveryand performance of the Agreement by and between the Issuer and the Borrower are hereby authorized. The Agreement shall be in substantially the form attached hereto as Exhibit "A," subject to such minor changes, insertions or omissions as may be approved by the Chairman of the Board of County Commissioners of the Issuer and the execution of the Agreement by the Chairman of the Board of County Commissioners and Clerk of the Circuit Court, ex offcio Clerk of the Board of County Commissioners ofthe Issuer as hereby authorized shall be conclusive evidence of any such approval. Section 6. Authorization of Indenture. In order to secure the payment of the principal of, and the redemption premium (if any) and the interest on, the Bonds herein authorized, and in order to secure the performance and observance of all the agreements and conditions in the Bonds, the execution, delivery and performance of the Indenture by and between the Issuer and the Trustee are hereby authorized. The Indenture shall be in substantially the form attached hereto as Exhibit "B," subject to such minor changes, insertions or omissions as may be approved by the Chairman of the Board of County Commissioners of the Issuer and the execution of the Indenture by the Chairman of the Board of County Commissioners and Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners of the Issuer as hereby authorized shall be conclusive evidence of any such approval. Section 7. Authorization ofBond Purchase Agreement. The execution, delivery and performance of the Bond Purchase Agreement providing for the sale of the Bonds, by, between and 3 ~.r among the Issuer, the Borrower and Morgan Keegan & Company, Inc., as Underwriter, a copy of which has been presented to the Issuer at this meeting and considered by the members of its Board of County Commissioners and which is on file and of record with the Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners of the Issuer, are hereby authorized. The Bond Purchase Agreement shall be in substantially the form attached hereto as Exhibit "C," subj ect to such minor changes, insertions or omissions as may be approved by the Chairman of the Board of County Commissioners of the Issuer and the execution of the Bond Purchase Agreement by the Chairman of the Board of County Commissioners of the Issuer as hereby authorized shall be conclusive evidence of any such approval. Section 8. Authorization ofTax Re ug latory Agreement. The execution, delivery and performance ofthe Tax Regulatory Agreement between the Issuer and the Borrower, a copy ofwhich has been presented to the Issuer at this meeting and considered by its directors and which is on file and of record with the Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners of the Issuer, are hereby authorized. The Tax Regulatory Agreement shall be in substantially the form attached hereto as Exhibit "D," subject to such minor changes, insertions or omissions as may be approved by the Chairman of the Board of County Commissioners of the Issuer and the execution of the Tax Regulatory Agreement by the Chairman of the Board of County Commissioners ofthe Issuer as hereby authorized shall be conclusive evidence of any such approval. Section 9. Approval of Preliminary Official Statement. The use and distribution of the Preliminary Official Statement with respect to the Bonds are hereby approved, said Preliminary Official Statement to be in substantially the form attached hereto as Exhibit "E". The use and distribution of the Official Statement to be dated on or about the date of issuance of the Bonds, substantially in the form of the Preliminary Official Statement, except containing the final terms of the Bonds, are hereby approved. The Issuer has not confirmed, and assumes no responsibility for, the accuracy, sufficiency, or fairness of any statements in the Official Statement or any supplement thereto, other than statements and information therein relating to the Issuer under "THE ISSUER." and "LITIGATION -The Issuer." Section 10. Designation ofTrustee. Paying Agent and Bond Re 'strar. Regions Bank, an Alabama banking corporation, is hereby designated Trustee under the Indenture, Paying Agent and Bond Registrar for the Bonds. Section 11. Execution ofBonds. The Bonds shall be executed in the manner provided in the Indenture and the same shall be delivered to the Trustee for proper authentication and delivery to the purchaser or purchasers thereof with instructions to that effect as provided in the Indenture. Anything herein or in the Indenture to the contrary notwithstanding, the Vice Chairman of the Issuer is hereby authorized to execute the Bonds in the event of the absence or incapacity of the Chairman of the Issuer, and any Deputy Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners of the Issuer is hereby authorized to attest the Bonds in the absence or incapacity of the Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners of the Issuer. Section 12. Information Reportine Pursuant to Section 149(e) of the Code. Any 4 .~.~ officer of the Issuer is hereby authorized to sign and file or cause to be filed a completed I.R.S. Form 8038, "Information Return for Private Activity Bond Issues," as required by Section 149(e) of the Code. Section 13. Non-Arbitrage Certification. Any officer of the Issuer is hereby authorized to execute anon-arbitrage certification in order to comply with Section 148 of the Code, and the applicable Income Tax Regulations thereunder. Section 14. No Personal Liabilitv. No stipulation, obligation or agreement herein contained or contained in the Agreement, the Indenture or the Bond Purchase Agreement shall be deemed to be a stipulation, obligation or agreement of any officer, director, agent or employee of the Issuer in his individual capacity, and no such officer, director, agent or employee shall be personally liable on the Bonds or be subject to personal liability or accountability by reason of the issuance thereof. Section 15. General Authority. From and after the execution and delivery of the documents hereinabove authorized, the proper officers, directors, agents and employees ofthe Issuer are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as maybe necessary to carry out and comply with the provisions of said documents as executed and are further authorized to take any and all further actions and execute and deliver any and all other documents and certificates as may be necessary or desirable in connection with the issuance of the Bonds and the execution and delivery of the Indenture, the Agreement and the Bond Purchase Agreement and to document compliance with the Code. The Chairman of the Board of County Commissioners and Clerk ofthe Circuit Court, ex officio Clerk of the Board of County Commissioners of the Issuer are hereby authorized and directed to prepare and furnish to the purchaser or purchasers, when the Bonds are issued, certified copies of all the proceedings and records of the Issuer relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the Issuer as to the accuracy of the documents and the Issuer's representations therein. Section 16. Actions Approved and Confirmed. All acts and doings of the officers of the Issuer which are inconformity with the purposes and intents of this Bond Resolution and in the furtherance of the issuance of the Bonds and the execution, delivery and performance of the Indenture, the Agreement and the Bond Purchase Agreement shall be, and the same hereby are, in all respects approved and confirmed. Section 17. Severability of Invalid Provisions. If any one or more of the agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and 5 ~.+ ~..~ Void and shall be deemed separable from the remaining agreements and provisions and shall in no way affect the validity of any of the other agreements and provisions hereof or of the Bonds authorized hereunder. Section 18. Repealin Ce lause. All resolutions orpartsthereofoftheIssuerinconflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. its adoption. Section 19. Effective Date. This Bond Resolution shall take effect immediately upon ADOPTED this 25`h day of June, 2001. (CORPORATE SEAL) ST. LUCIE COUNTY, FLORIDA Attest: CHAIRMAN, BOARD OF COUNTY COMMISSIONERS CLERK OF THE CIRCUIT COURT, ex officio Clerk of the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney 6 CLERK OF THE CIRCUIT COURT'S CERTIFICATE The undersigned Clerk of the Circuit Court, ex officio clerk of the Board of County Commissioners, of St. Lucie County, Florida (the "Issuer"), DOES HEREBY CERTIFY that the foregoing pages of typewritten matter pertaining to not to exceed $7,000,000 in aggregate principal amount of St. Lucie County, Florida First Mortgage Revenue Bonds (Sage Living Center of Fort Pierce I, LLC -Lake Forest Park Retirement Community Proj ect), Series 2001, constitute a true and correct copy of the Bond Resolution adopted on June 25, 2001, by the County Commissioners of the Issuer in a meeting duly called and assembled, which was open to the public and at which a quorum was present and acting throughout, and that the original of said Bond Resolution appears of record in the Minute Book of the Issuer which is in the undersigned's custody and control. WITNESS my hand and the official seal of St. Lucie County, Florida, this day of June, 2001. (CORPORATE SEAL) CLERK OF THE CIRCUIT COURT, ST. LUCIE COUNTY, FLORIDA, ex officio Clerk of the Board of County Commissioners 5280v V26902-00087/R-BOND AESO ,. _ _.~ ~ - _ ~. ,--~--_, e Daniel McIntyre -Lake Fora retirement Community(formrly Senior Ministry .Services) ___-_T_~Pa9 from: "Leedy, Bill" <BLEEDY@hough.com> To: 'Dan McIntyre' <danm@stlucieco.gov>, 'Robert Freeman' <rfreeman@ssd.com> Date: 6/14/01 5:42PM Subject: Lake Forest Retirement Community(formrly Senior Ministry Services) Robert and Dan-I believe this issue is scheduled to come before the Board on 6/25,with a TEFRA hearing also on tap.l am going to have to be in St. Pete that day for something I can't get out of.l hope you can answer questions as needed on it. The structure has changed from a purely non-rated transaction to the following:Morgan Keegan & Company is the new underwriter and they will underwrite $4,445,000 Revenue Bonds backed by a 3 year LOC from Regions I ~ I Bank.Then,in December 2003,the project will be eligible to do FHA permanent ~ I financing.Senior Ministry Services(parent to Sage Living Center of Fort Pierce I),is going to take a $ 2,000,000 non-rated 30 year tax-exempt SUBORDINATE NOTE to repay them their equity they currently have in the project.lt will only be paid from surplus revenues as available.The $ 4,445,000 will be variable rate,temporary financing,until 3 years goes by and permanent FHA insured bonds can be issued. This structure is more beneficial to St. Lucie County because there will be a $ 4,445,000 LOC in place where we didn't have one before.lt is true that we will have approximately $2,000,000 non-rated bonds secured solely by facility revenues but the prior structure called for ALL of the bonds to be secured this way. We are comfortable with the Financial Feasibility report of Moore Stephens Lovelace, P.A.,Clearwater.The projections call for 1.25 times debt service coverage,as does the bond resolution. Call me if you need additional information! Bill .~ Bill Leedy ~ ~(, ~ William R. Hough & Co. ~r' iK _~ , 225 East Robinson Street,Suite 465 , ~ ~ J,l ~r ~ Orlando,FL 32801-4322 ~~ ~~ SUN ~ ~ ~ EU PH (407)422-5161 i FX (407)422-5659 `~., E-ML: bleedy@hough.com ~-aDn~tiN. OF~~,.~ i (~ ~' ~, r~~ ,~ n~- ~~~ ~ l ~~~~ ~~~ ~' I~~ ~~ '1 v . w ~~ AGENDA REQUEST ITEM N~ 6 DATE: June 25, 2001 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Briargate MSBU Final Hearing Potable Water Improvements - FPUA BACKGROUND: See Attached Memorandum FUNDS AVAIL. N/A PRESENTED BY: Q`flo~.. . (~ Donald B. Wes , P.E. County Engineer PREVIOUS ACTION: February 8, 2000 -Board accepted the petition and granted permission to advertise the Initial Public Hearing. March 7, 2000 -Initial Public Hearing held. Board created. MSBU and authorized County Engineer to proceed with project. April 18, 2000 -Board approved the Interlocal Agreement with Fort Pierce Utilities Authority and the City of Fort Pierce. December 19, 2000 -Board adopted the preliminary assessment roll and authorized Engineer to proceed with construction of the Project. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-149 approving the Final Assessment Roll for the Briargate Municipal Services Benefit Unit. COMMISSION ACTION: ~ ] APPROVED [ ]DENIED [)OTHER: DrSugl s Anderson Cou v Administrator ~~ (x]County Attorney ~.~ [x]Public Works Direr// ~.. []Finance Coordl natioNSianatures [ ]Mgt. & Budget [x ]Co. Eng W~ [ ]Purchasing [Other COMMISSION REVIEW: June 25, 2001 ENGINEERING MEMORANDUM NO. 01-159 TO: Board of County Commissioners FROM: Donald B. West, County Engineer i DATE: June 13, 2001 SUBJECT: Briargate M.S.B.U. Final Hearing Potable Water Improvements - FPUA BACKGROUND: On March 7, 2000 the Board adopted Resolution No. 00-053 which created the Briargate Municipal Services Benefit Unit (MSBU) to levy non-ad valorem special assessments based on the equivalent residential connection method of assessment to fund potable water improvements. On December 19, 2000, the Board adopted Resolution No. 00-285 which approved the preliminary assessment roll for the MSBU; and authorized the County Engineer to proceed with construction. The project has been completed and final costs have come in approximately fifteen (15%) percent lower than the preliminary assessment amount. This is not only due to lower construction costs, but from in-house financing which helps to reduce financing and bond costs. The annual payments will also be lowered to reflect the final cost. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-149 approving the Final Assessment Roll for the Briargate Municipal Services Benefit Unit. BP1 Attachment cc: Staff Concurring MSBU Coordinator Finance Director OMB Manager Tax Collector Property Appraiser g:\wp\msbu\b riargate\agafinal.wpd RESOLUTION NO. 01-149 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ADOPTING THE FINAL ASSESSMENT ROLL FOR THE BRIARGATE MUNICIPAL SERVICES BENEFIT UNIT AND CREDITING THE ASSESSED PROPERTIES AS SET FORTH IN THE FINAL ROLL; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on March 7, 2000, pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances and Compiled Laws (the "Code"), the Board of County Commissioners for St. Lucie County (the "Board")adopted Resolution No. 00-053 which created the Briargate Municipal Services Benefit Unit (the "Briargate MSBU") to fund the cost of a project to provide potable water supplied by Fort Pierce Utilities Authority to the Briargate Subdivision in unincorporated St. Lucie County, Florida (the "Project") as shown on the attached Exhibit "A"; and WHEREAS, on December 19, 2000, the Board adopted Resolution No. 00-285 and thereby, (1) adopted the Preliminary Assessment Roll for the Briargate MSBU which was based on the estimated costs for the Project, (2) authorized the levy of a special non-ad valorem assessment (the "Special Assessment") within the Briargate MSBU in the amount set forth in the Preliminary Assessment Roll, and, (3) authorized the collection of the Special Assessment by the uniform method of collection pursuant to Chapter 197, Florida Statutes, beginning with the tax bill for 2001 for a period of 10 years; and WHEREAS, on December 5, 2000 pursuant to Section 197.3632, Florida Statutes, the Board adopted Resolution No. 00-228 which stated the Board's intent to use the uniform method of collecting the Special Assessments levied by the Briargate MSBU; and WHEREAS, on June 25, 2001, the Board reviewed the final costs for the completed Project and determined that the final costs are lower than the estimated costs as set forth in the Preliminary Assessment Roll and therefore the Special Assessments should be credited in accordance with Section 1-13.5-7 of the Code as set forth in the Final Assessment Roll (Exhibit ..B,.) NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for St. Lucie County, Florida, as follows: -1- Section 1: The Final Assessment Roll for the Briargate MSBU (Exhibit "B") is hereby approved and confirmed and the Final Assessment Roll is substituted for the Preliminary Assessment Roll in accordance with the provisions of Chapter 1-13.5-7 of the Code to reflect the credits for the fmal Project costs. Section 2: Except for the substitution of the Final Assessment Roll for the Preliminary Assessment Roll, all of the findings, determinations, and actions made or taken by the Board pursuant to Resolutions Nos. 00-053, 00-228, and 00-285, including but not limited to the collection of the Special Assessments by the uniform method beginning with the tax bill for 2001 for a period of 10 years, shall remain in full force and effect and apply equally to the Final Assessment Roll. Section 3: This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 25th day of June, 2001. BOARD OF COUNTY COMMLSSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -2- .~~ ,x.77- _ - - ,...,., ~ ,~ .,~ 1433-0025-0Ot ~'- 5,20. S0' HENDERSON 8 ANGEt~S (TR) (>>i-ooo~-otois) 7_ SO AC. a. s+ AL ~2Q7 •G ~ _ ~4 0- ~0. S' - ~ ~i <8' .: 1 ~i ~~ t 1 nSJ<. <3. 167. 17' t t t 26. 1 1 1. I t ~ w-IEL'J-iE1 . ~. L. R ~ (114-0000-000/4) o 1~J -r ~ ~ 3.0 AC. 9 li ' ~ j,? ~ sz t. ae . ate. k SS ta' Ib5' t0 %95 27 D ~ ;r SS 12 - O ~ ~ ~9 ~ t 9~ `- ~• tb5' X85" •99. St' . 6)- ~ =' fi ~gRGATE SANE B g ~ - 7 6 ~ 5 ~ a _ 3 ~ Z ~ 1 R r a ~ a 1 a ca- Id0' tas Ia5' ta5' ta5' 203.77' r 1i ~~ ~) ~ `1 `) EXIiIBIT "A" m x ?_ Q N O v m n c w N w 7 D 0 .Wi N X O m n 0 m A W m n c w N 0 A N m lWll 3 0 m O O O W N m w a N d `~ a 0 N 0 N y n C a m _~ J A 3 7 a O a m (D W m v n ~ ~ a N ~ a O N O O C O d m 0 N m w m a c m w 0 C .~.. 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S M ~ 3 Si 0 o ~~ ~J m m m m m m m m m °f Of 8 8 $ Of Oi °f S S S ~ ~` Agenda Request ~1r~• Item "ember rt~bate: June 25, 2001 To: Board of County Commissioners Community Development Director Consent [ ] Regular [ X ) Public Hearing [ ] Leg. [ ] Quasi-JD [ X ] Presented By Submitted By: Wily Development Dir. SUBJECT: Consider Draft Resolution 01-120 approving the request of S~nrise Ford Company, for a Major Site Plan to allow the construction of a 52,500 s uare foot automobile dealership to be known as Sunrise Ford Addit/on. (File No.: MJSP-01-005) BACKGROUND: Sunrise Ford has applied for a Major Site Plan approval for a new 52,500 square foot automobile dealership to be known as Sunrise Ford Addltlon. This new dealership will be located on the west side of South US #1, approximately 1/2 mile south of the intersection of South US #1 and Midway Road. This new dealership is a relocation of a portion of the existing Sunrise Ford Truck business operations located just south of the subject property. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of Draft Resolution 01-120, subject to the cited conditions contained therein. , COMMISSION ACTION: CONCURRENCE: X~ APPROVED DENIED OTHER Approved including amendment - 5-0 waiver . Douglas M. Anderson County Administrator Coordination/ Signatures County Attorney ~ Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance: (AGEND538a) ~iw/ COUNTY COMMISSION REVIEW: June 25, 2001 Resolution 01-120 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: June 19, 2001 Subject: Consider Draft Resolution 01-120 approving the request of the Sunrise Ford Company, for a Major Site Plan to allow the construction of a 52,500 square foot addition to the existing automobile dealership known as Sunrise Ford Addition. (File No.: MJSP-00-005) LOCATION: West side of South US #1, approximately 1/2 mile south of the intersection of Midway Road and South US #1. EXISTING ZONING: CG (Commercial General) -See Comments LAND USE DESIGNATION: COM (Commercial) -See Comments PARCEL SIZE: 9.22 ± Acres -See Comments PROPOSED USE: A 52,500 square foot addition to the existing automobile dealership. SURROUNDING LAND USE: Commercial to the north, south, east. To the west is Residential. FIRE/EMS PROTECTION: Fire Station Number #6 (350 E. Midway Road) is located approximately one mile to the northeast. UTILITY SERVICE: The Fort Pierce Utilities Authority (FPUA) will be providing water to the subject property. On site septic services will be provided until central sewer facilities are extended to the site at a future date. June 19, 2001 Page 2 TRANSPORTATION IMPACTS: Right of Way Adequacy: Scheduled Area Improvements: TYPE OF CONCURRENCY DOCUMENT REQUIRED: See Comments See Comments Certificate of Capacity STANDARDS FOR SITE PLAN REVIEW Subject: Sunrise Ford File No. MJSP-00-005 Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum Standards of Review for all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for Major Site Plan approval, utilizing these requirements and notes the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code, the Sf. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County; and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The proposed Sunrise Ford Addition is consistent with the general purpose, goals, objectives and standards of this Code and the Code and Compiled Laws of St. Lucie County. The proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The proposed Sunrise Ford Addition is consistent with the general purpose, goals, objectives and policies of the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. These policies include, but are not limited to: Policy 1.1.1.1 of the St. Lucie County Comprehensive Plan establishes a maximum intensity within the COM (Commercial) land use category as 40% - 50% lot June 19, 2001 Page 3 Subject: Sunrise Ford File No. MJSP-00-005 coverage by structure. The project is proposed to be developed at an intensity by building coverage of only 13.7% of the site. Objective 1.1.5 of the St. Lucie County Comprehensive Plan, states that future development must be within the Planned Urban Service Area and directed to areas where urban and community services/facilities can be provided in the most efficient and compact manner so as to discourage the proliferation of urban sprawl. The proposed 52,500 square foot addition to the Sunrise Ford automobile dealership is located within the Urban Service Area and will be serviced with water services by the Fort Pierce Utility Authority (FPUA). Onsite septic services will be provided until central sewer facilities are extended to the site at a future date. Objective 1.1.8 of the St. Lucie County Comprehensive Plan requires the protection ofsingle-family neighborhoods from the encroachment of commercial and/or other inappropriate land uses. The North St. Lucie River Water Control District (NSLRWCD) Canal #19 bound the proposed automobile dealership addition on the south and west. This canal serves as a major defining boundary due to the residentially classified properties to the west. Along the commercial zoning line on the west side of the property, the developer has proposed to construct, in accordance with applicable county codes, an eight foot high opaque barrier between the residential classified area and commercial use. The opaque barrier will be landscaped on both sides as required by code. B. EFFECT ON NEARBY PROPERTIES The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting fhe public health, safety, and general welfare. The proposed 52,500 square foot addition to the Sunrise Ford motor vehicle dealership has been determined not to have an undue or adverse effect upon nearby properties. The subject property is surrounded by commercial uses to the north, south and east. There is a residentially classified area to the west that has been screened according to code. The proposed project is consistent with the existing commercial development patterns along South U. S. Highway One. The applicant has indicated that 3.63 acres of the subject property will be utilized as preservation and stormwater detention area. This area lying to the west of the commercial use area contains pine flatwoods that will be designed as part of the sites stormwater management system. A condition of approval will be that the developer work with the County to sculpt the June 19, 2001 Page 4 Subject: Sunrise Ford File No. MJSP-00-005 detention area in order to preserve as many pine trees as possible. In addition, there will be an eight-foot high opaque wooden fence or masonry wall with landscaping along the western property line and portions of the northern and southern property lines where the subject property abuts existing residentially zoned properties. This minimum code requirement is intended to reduce the visual impact and encroachment of a nonresidential use on an existing residential use. The Fort Pierce Utility Authority (FPUA) will be servicing the proposed project with water. An onsite septic system will be utilized for sewer services until such time as a Central Sewer facility is extended into the site. 2. All reasonable steps have been faken to minimize any adverse effect of the proposed building or use on fhe immediate vicinity through building design, site design, landscaping, and screening. The developer has proposed that the buildings on the property be oriented towards South U S#1, in order to ensure that the residential areas to the west are screened from this commercial use as much as possible. The developer has provided a 15-foot landscape buffer along the US #1 frontage and a 10-foot wide landscape buffer adjacent to the northern, southern and western property lines. Along the western property line, the developer has provided for an eight-foot high opaque fence with a 10-foot landscape buffer along the entire property line. This 10-foot landscape buffer wil- consist of existing native vegetation with supplemental plantings when necessary. In addition, the applicant has provided for 3.63 acres to the utilized for detention and preservation of pine flatwoods along the western portion of the property. During the construction of the detention area, the applicant will be required to work with staff to ensure that the detention area is sculpted in such a manner as to preserve a number of trees within the area. 3. The proposed building or use will be consfructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. The design of the proposed project has been determined not to interfere with the development or use of neighboring properties. The surrounding properties to the north, south and east are designated with a CG (Commercial General) Zoning District and therefore the proposed project is compatible with the surrounding properties. The property will have one primary access point off South US #1. The applicant requested and received permission form the North St. Lucie River June 19, 2001 Page 5 ~./ Subject: Sunrise Ford File No. MJSP-00-005 Water Control District to culvert the entire ditch along the southern property line and provides cross accesses from the subject parcel to the Sunrise Ford property to the south. C. ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. The proposed 52,500 square foot addition to the Sunrise Ford Motor Vehicle Dealership is not expected to cause any of the existing transportation links in this area to fall below an acceptable minimum Level of Service. The Fort Pierce Utilities Authority (FPUA) will service the proposed project with water. An onsite septic system will provide sewer services to the subject parcel until such time as a central sewer facility is extended into the subject site. D. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County Bureau of Fire Prevention written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicant has obtained from the St. Lucie County Fire District written confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. E. ADEQUACY OF SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities. As this project is a commercial operation, no school facilities will be impacted by this development. F. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development wil! not confravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter Vll1, "Natural Environment Analysis'; of fhe St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August, 1982). June 19, 2001 Page 6 Subject: Sunrise Ford File No. MJSP-00-005 The subject property contains three existing isolated wetlands, which are of poor quality. None of the wetlands meet the thresholds outlined in the code for County jurisdiction (Wetland #1 is 0.30 acre in size, Wetland #2 is 0.06 acre in size and Wetland #3 is 0.07 acre in size). According to Section 6.02.03(B)(1), St. Lucie County does not have regulatory authority over isolated wetlands less than 1/2 acre in total area. However, prior to construction of the proposed facility, the applicant shall be required to obtain all jurisdictional permits for the fill of the isolated wetlands. The 3.63 acres of land located along the western property contains pine flatwoods. The applicant has proposed to preserve a major portion of this property as pine flatwoods, while at the same time designing a stormwater detention area around these trees. A condition of approval for this project will be that the developer work with County staff during the design and construction of the detention area in order to ensure that the detention design is sculpted around the stands of trees located in this area. COMMENTS: Sunrise Ford Company has applied for a Major Site Plan approval for a new 52,500 square foot automobile dealership to be known as Sunrise Ford Addition. This new dealership will be located on the west side of South US #1, approximately 1/2 mile south of the intersection of Midway Road and South US #1. This dealership addition is a relocation of a portion of the existing Sunrise Ford business operations located just south of the subject property. Attached is a copy of Draft Resolution 01-120, which, if approved, would grant this request for a Major Site Plan approval, subject to the following conditions: 1. No automotive body shop or auto body work may be conducted on the subject property until such time as a Conditional Use Permit has been approved by the Board of County Commissioners for said uses, consistent with the provisions of Section 3.01.03(S)(7)(i) of the County's Land Development Code. 2. The applicant shall install an eight (8) foot high opaque wooden fence or masonry wall with landscaping consistent with the provisions of Section 7.09.04(E) of the County's Land Development Code, along the entire length of the western property line and the northern and southern property lines adjacent to existing residentially zoned properties. 3. Prior to the issuance of any building permits, the developers of this project shall construct a dedicated right-turn lane, in accordance with FDOT Design Standards, adjacent to the primary entrance of the existing Sunrise Ford Automobile Dealership to the south. June 19, 2001 Page 7 Subject: Sunrise Ford File No. MJSP-00-005 4. As part of the development and final design of the projects stormwater management system, the developer shall coordinate with the Community Development Department in the final location of the required 1.12 acre stormwater detention pond to be located on the western portion of the property, with the objective being the minimization of impacts onto any functionally preservable areas of pine flatwood vegetation that maybe in this area. 5. All areas of preservation/protection shall be appropriately secured and marked to ensure their protection during construction. To the extent permitted under County Codes, these areas shall be eligible for consideration in meeting the minimum landscaping and screening requirements of the County's Land Development Code. Staff recommends approval of Draft Resolution 01-120. If you have any questions, please let us know. SUBMITTED: ~ ~ 1 Dennis.. rphy, AICP Interim Community Development Director APPROVED AS TO FORM: Daniel McIntyre County Attorney DM/cs H:/wp/projects/sunrise ford/agenda items/stfrpt.doc cc: County Administrator Asst. County Administrator County Attorney Public Works Director County Engineer Fre Marshall Marty Sanders, LBFH Mary Jo Tierney, Sunrise Ford File L RESOLUTION 01-120 z FILE NO.: MJSP-00-005 3 4 A RESOLUTION GRANTING 5 APPROVAL TO A MAJOR SITE PLAN 6 PROJECT TO BE KNOWN AS ~ SUNRISE FORD ADDITION s 9 to WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 11 testimony and evidence, including but not limited to the staff report, has made the following 12 dete rminations: 13 14 1. Sunrise Ford Company, presented a petition for a Major Site Plan Project, to be known as 15 Sunrise Ford Addition, to provide for the construction of a 52,500 square foot motor 16 vehicle dealership on a parcel of land located on the west side of South US #1, 17 approximately 1/2 mile to the south of the intersection of South US #1 and Midway Road, in la the CG (Commercial General) Zoning District for the property described in Section B. 19 20 2. The Development Review Committee has reviewed the site plan for the proposed project 21 and found it to meet all technical requirements and to be consistent with the future land use 22 maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part 23 A of this Resolution. 24 25 3. The proposed project is consistent with the general purpose, goals, objectives and z6 standards of the St. Lucie County Land Development Code, the St. Lucie County 27 Comprehensive Plan and the Code of Ordinances of St. Lucie County. zs z9 4. The proposed project will not have an undue adverse effect on adjacent property, the 3 o character of the neighborhood, traffic conditions, parking, utility facilities, or other matters 31 affecting the public health, safety and general welfare. 32 33 5. All reasonable steps have been taken to minimize anyadverse effect of the proposed project 34 on the immediate vicinity through building design, site design, landscaping and screening. 35 36 6. The proposed project will be constructed, arranged and operated so as not to interfere with 37 the development and use of neighboring property, in accordance with applicable district 38 regulations. 39 40 7. The proposed project will be served water and sewer services by public facilities. 41 42 8. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the 43 Community Development Director on June 25, 2001. 44 File No.: MJSP-00-005 Resolution 01-120 June 26, 2001 Page 1 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 v.r~' NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Major Site Plan to be known as Sunrise Ford Addition, is hereby approved as depicted on the site plan drawings for the project prepared by Lindahl, Browning, Ferrari & Hellstrom, Inc., dated 5/3/01, and date stamped received by the St. Lucie County Community Development Director on 5/11/01, for the property described in Section B, subject to the following conditions. 1. No automotive body shop or auto body work may be conducted on the subject property until such time as a Conditional Use Permit has been approved by the Board of County Commissioners for said uses, consistent with the provisions of Section 3.01.03(S)(7)(i) of the County's Land Development Code. 2. The applicant shall install an eight (8) foot high opaque wooden fence or masonry wall with landscaping consistent with the provisions of Section 7.09.04(E) of the Counts Land Development Code, along the entire length of the western property line and the northern and southern property lines adjacent to existing residentially zoned properties. 3. Prior to the issuance of any building permits, the developers of this project shall construct a dedicated right-turn lane, in accordance with FDOT Design Standards, adjacent to the primary entrance of the existing Sunrise Ford Automobile Dealership to the south. 4. As part of the development and final design of the projects stormwater management system, the developer shall coordinate with the Community Development Department in the final location of the required 1.12 acre stormwater detention pond to be located on the western portion of the property, with the objective being the minimization of impacts onto any functionally preservable areas of pine flatwood vegetation that maybe in this area. 5. All areas of preservation/protection shall be appropriately secured and marked to ensure their protection during construction. To the extent permitted under County Codes, these areas shall be eligible for consideration in meeting the minimum landscaping and screening requirements of the County's Land Development Code. B. The property on which this Major Site Plan approval is being granted is described as follows: Parcel 1 Lot 51, in•Section 3, Township 36 South, Range 40 East, White City Subdivision, according to the Plat on file in Plat Book 1, Page 23, of the Public Records of St. Lucie County, Florida, less and excepting therefrom, the north 215 feet. Together with all that part of North St. Lucie River Water Control District interest in Lateral Canal No. 17 right-of-way adjacent to aforesaid property on the East, as conveyed to owner in Official Records Book 505, Page 2, Public Records of St. Lucie County, Florida. File No.: MJSP-00-005 June 26, 2007 Resolution Ot -120 Page 2 `t-.r Parcel 2 Commencing at a point 1,835.00 feet east of the southwest corner of Section 3, Township 36 South, Range 40 East, St. Lucie County, Florida, and on the south line of said Section 3; thence run north on a line having an angular relationship to the south line of said Section of 89°49'30" as measured from west to north, a distance of 39 feet to the Point of Beginning, said line being parallel to the west 114 Section line of said Section 2; thence continue to the north on the last described line, a distance of 329 feet; thence run west parallel with the south line of said Section 3, a distance of 465.3 feet to a point 45 feet east of said 1/4 section line; thence run north parallel with said 1/4 section line, a distance of 180 feet; thence run 3ast parallel with south line of said Section 3, a distance of 617.16 feet; thence run south on a line having an angular relationship of 90°11'50", as measured from West to South, to the last described line, for a distance of 509 feet, to a point of 39 feet north of south line of said Section 3; thence run west to the Point of Beginning. The above being a portion of Lot 50, of Sheen's Plat of White City, as recorded in Plat Book 1, Page 23, of the Public Records of St. Lucie County, Florida. (Tax ID #s: 3403-502-0078-000/4 and 3402-502-0074-000/6). (Location: West side of South US #1, approximately 112 mile south of the intersection of South US #1 and Midway Road) 26 27 2a 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 C. This Major Site Plan shall expire on June 25, 2003, unless a building permit is issued or an extension is granted in accordance with Section 11.02.06(8)(3), St. Lucie County Land Development Code. Completion of one phase of the project shall serve to vest for future development of the remaining phases subject to meeting all applicable building codes and requirements. D. The Major Site Plan granted under this Resolution is specifically conditioned to the requirement that the petitioner, Sunrise Ford Company, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on June 25, 2001, which certificate shall remain valid for the period of Site Plan approval. Should the Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. F. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie County Community Development Director. File No.: MJSP-00-005 June 26, 2001 Resolution 01.120 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 i 19 ' 20 21 22 23 24 25 26 27 ~~ 31 32 33 34 35 36 ~rr' After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson XXX Vice-Chairman Doug Coward XXX Commissioner Paula Lewis XXX Commissioner John Bruhn XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED this 25'h day of June 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK cs: H:\WPlprojects\Sunrise Fordllagendaresolution.01120 File No.: MJSP-00-005 June 26, 2001 COUNTY ATTORNEY Resolution 01.120 Page 4 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: ITEM NO. DATE: June 25, 2001 REGULAR [X] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution Endorsing Amtrak Passenger Service on the East Coast of Florida and Encouraging the Florida Legislature through the Florida Department of Transportation to Fund the Necessary Improvements to Achieve Passenger Service with a Passenger Station to be Located in the City of Fort Pierce, Florida. BACKGROUND: Please see attached Memorandum No. 01-883. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 01-153 as drafted. COMMISSION ACTION: [X] APPROVED [ ]DENIED [ ]OTHER: 5 - 0 Anderson Administrator Review and Approvals County Attorney: Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) _ Eff. 5/96 f INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 01-883 DATE: June 18, 2001 SUBJECT: Resolution Endorsing Amtrak Passenger Service on the East Coast of Florida and Encouraging the Florida Legislature through the Florida Department of Transportation to Fund the Necessary Improvements to Achieve Passenger ~ Service with a Passenger Station to be Located ~ in the City of Fort Pierce, Florida BACKGROUND• Amtrak and the Florida East Coast Railway (FEC) have reached agreement for initiating new passenger rail service between Jacksonville and West Palm Beach. Passenger service to Fort Pierce, Florida, will be a ~ significant contribution to the City's redevelopment efforts. Fort Pierce City Manager, Dennis Beach, has requested that this Board endorse Amtrak Passenger Service on the East Coast of Florida and encourage the Florida Legislature through the Florida Department of Transportation to fund the necessary improvements to achieve passenger service with a passenger station to be located in the City of Fort Pierce, Florida. The attached Resolution No. O1- 153 has been drafted for that purpose. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Resolution No. 01-153 as drafted. Respe2~fully submitted, County Att DSM/cac Attachment RESOLUTION NO. 01-153 A RESOLUTION ENDORSING AMTRAK PASSENGER SERVICE ON THE EAST COAST OF FLORIDA AND ENCOURAGING THE FLORIDA LEGISLATURE THROUGH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO FUND THE NECESSARY IMPROVEMENTS TO ACHIEVE PASSENGER SERVICE WITH A PASSENGER STATION TO BE LOCATED IN THE CITY OF FORT PIERCE, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Amtrak and the Florida East Coast Railway (FEC) have reached agreement for initiating new passenger rail service between ]acksonville and West Palm Beach. 2. Two daily roundtrips, with eight stops along the route including 5t. Augustine, Daytona Beach, Titusville, Cocoa/Port Canaveral, Melbourne, Vero Beach, Stuart and Fort Pierce will be provided. 3. This passenger service will provide Floridians with an additional travel alternative with economical coach, overnight sleeping, dining, and baggage services. This service is attractive, safe, environmentally friendly, and easily accessible to mobility impaired travelers and is connected with a national rail system that would permit Floridians to travel to over 540 destinations in the United States and Canada. 4. For the eight communities along the East Coast, Amtrak will provide a major travel alternative to I-95 with Fort Pierce in St. Lucie County being one of the eight cities served. 5. Passenger rail service to Fort Pierce, Florida will be a significant contribution to the City's redevelopment efforts. AGENDA REQUEST DATE: June 25, 2001 REGULAR [X ] PUBLIC HEARING [ ] CONSENT[ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration ITEM NO. '`1 A PRESENTED BY: Doug Anderson County Administrator SUBJECT: Tourist Development Council Request for Proposals (RFP) for Promotional Services for October 1, 2001 through September 30, 2002 BACKGROUND: See attachments FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION COMMISSION ACTION: $89,000 Acct No. 611 5210 5340000 500 (Other Contractual Services) None Staff recommends that the Board issue the attached Request for Proposals for Promotional Services for Tourism for the 2002 Fiscal Year. ' [ x] APPROVED [ ] DENIED [ ] OTHER: 5-0 CONCUR CE• Do gla Anderson County Administrator Review and A~arovals County Attorney: Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Eff. 5/96 ~ BOARD OF COUNTY COMMISSIONERS ~ ST. LUCIE COUNTY, FLORIDA REQUEST FOR PROPOSALS Sealed Proposals will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, unti13:00PM local time on Wednesday August 1, 2001 for the following: RFP#O1 -064 ADVERTISING SERVICES FOR TOURIST DEVELOPMENT COUNCIL COMMUNITY DEVELOPMENT /TOURIST DEVELOPMENT RFP documents may be obtained via the internet by contacting DemandStar.com or by using the County's website at http://www.stlucieco.gov. If you do not have internet access, you may obtain the documents by calling DemandStar.com at 800-711-1712 and request document number #064 or contact the Office of the Purchasing Director at 2300 Virginia Avenue, Fort Pierce, Florida, 34982, (561) 462-1700. RFP's may be mailed or hand delivered to the Purchasing Department, 2300 Virginia Avenue, 2nd Floor Rm. 228, Fort Pierce, FL 34982. RFP's must be "CLOCKED "into the Purchasing Department by the above time. Any RFP'S received after the above stated time will be returned unopened to the bidder. The Board of County Commissioners reserves the right to waive any informalities or minor irregularities; reject any and all bids/proposals which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any proposal in whole or in part with or without cause; and accept the proposal which best serves the County. For Bids, RFP's, Bid Results and other information visit the St. Lucie County Purchasing Web Site at http://www.stlucieco.gov St. Lucie County is an Equal Opportunity/Affirmative Action Employer. Board of County Commissioners St. Lucie County, Florida By: Ruth Totton, Interim Purchasing Director PUBLISH: Friday, June 29, 2001 BILL & PROOF: Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 ~/ REQUEST FOR PROPOSALS #01-064 Board of County Commissioners St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982 ~/ Table of Contents Part I General Information 1-1 Definitions I -2 Invitation to Propose; Purpose 1-3 Issuing Office 1-4 Awards 1-5 Development costs 1-6 Inquiries 1-7 Site Visitations 1-8 Timetables 1-9 Delays 1-10 Proposal Submission and Withdrawal 1-11 Rejection of Irregular Proposals 1-12 Addenda 1-13 Equal Opportunity 1-14 Oral Presentation 1-15 Insurance 1-16 Lobbyist Disclosure 1-17 Feasibility Studies 1-18 Public Entity Crimes Statement Part II Statement of Work 2-1 Background 2-2 Scope of Work Part III Instructions for Preparing Proposals 3-1 Rules for Proposals 3-2 Proposal Format 3-3 Qualifications Questionnaire Part IV Evaluation of Proposals 4-1 Evaluation Method and Criteria w.n,ii` 3 GENERAL INFORMATION PARTI 1-1 DEFINITIONS For the purposes of this Request for Proposals ("RFP"), Proposer shall mean contractors, consultants, respondents, organizations, firms, or other persons submitting a response to this Request for Proposals. I-2 INVITATION TO PROPOSE; PURPOSE The Board of County Commissioners, St. Lucie County, Florida (the "Board") solicits offers for an agency for the Tourist Development Council that has extensive tourism experience in traditional domestic and international tourism marketing, advertising, promotions, along with knowledge of intereet advertising. 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue 2°d Floor, Room 228 Fort Pierce, Florida 34982 1-4 CONTRACT AWARDS The Board anticipates entering into a contract with the Proposer who submits the proposal judged by the Board to be most advantageous. The Board anticipates awarding one contract, but reserves the right to award more than one contract if in its best interest. The Proposer understands that this RFP does not constitute an agreement or a contract with the Proposer. An official contract or agreement is not binding until proposals are reviewed and accepted by the Board and a written agreement or contract is approved by both the Board and the successful Proposer. A standard St. Lucie County consultant contract is included with this RFP. This contract will form the basis of the contract between the successful proposer and the County. At the option of the county, additional terms and conditions may be added to the contract through negotiations with the successful Proposer. The Board reserves the right to reject all proposals, to waive any informalities, and to solicit and re- advertise for other proposals. 1-5 DEVELOPMENT COSTS Neither the Board nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 4 1-6 INQUIRIES "1rr The County will not respond to oral inquiries. interpretation of this RFP to: Ruth Totton St. Lucie County Interim Purchasing Director Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida, 34982. (561) 462-1294 (fax) ~..~ Proposers may mail or fax written inquiries for The County will respond to written inquiries if received at least 7 working days prior to the date scheduled for receiving the proposals. The County will record its responses to inquiries and any supplemental instructions in the form of a written addendum. If addenda are issued, the County will mail or fax written addenda at least 5 working days before the date fixed for receiving the proposals. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. The County will send written addenda to all Proposers who receive the RFP. 1-7 TIMETABLES The Board and the Proposers shall adhere to the following schedule in all actions concerning this RFP. A. On June 29, 2001, the Board issues the RFP. B. From July 2 , 2001 to July 20, 2001, the County will receive and answer inquiries received by mail or fax. C. The County must receive the proposals by 3:OOPM on Wednesday, August 1, 2001. D. From opening time, the Board and County staff will review and evaluate the proposals on a timely basis. E. The Board may enter into a contract, for the fiscal year October 1, 2001 through September 30, 2002, after conducting negotiations and obtaining appropriate approvals. The County will notify unsuccessful Proposers at this time. 1-8 DELAYS The County may delay scheduled due dates if it is to the advantage of the County. The County will notify Proposers of all changes in scheduled due dates by written addenda. 1-9 PROPOSAL SUBMISSION AND WITHDRAWAL The County will receive proposals at the following address: St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 5 To facilitate pry using, please mark the outside of the envelope as follows: ' "(Tourist Advertisinrvices RFP 01-064 )." The envelope shall also include the t~oser's return address. Proposers shall submit fifteen copies (15) including one marked original on the outside (with an original signature inside) of the proposal in a sealed, opaque package marked as noted above. The Proposer may submit the proposal in person or by mail. THE COUNTY MUST RECEIVE ALL PROPOSALS BY 3:OOPM ON WEDNESDAY, August 1, 2001. Due to the irregularity of mail service, the County cautions Proposers to assure actual delivery of proposals to the County prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (561) 462-1700 before proposal opening time. Proposals received after the established deadline will be returned unopened to the Proposer. Proposers may withdraw their proposals by notifying the County in writing at any time prior to the opening. Proposers may withdraw their proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identity and provide a signed receipt for the proposal. Proposals, once opened, become the property of the County and will not be returned to the Proposers. Upon opening, proposals become "public records" and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. l 1 IRREGULARITIES; REJECTION OF PROPOSALS Proposals not meeting stated minimum terms and qualifications maybe rejected by the County as non responsive or irregular. However, the County reserves the right to waive any irregularities, technicalities or informalities in any proposal. The County reserves the right to reject the Proposal of any Proposer in arrears or in default upon any debt or contract to the Board of County Commissioners of St. Lucie County or who have failed to perform faithfully any previous contract with the County or with other governmental jurisdictions. The County reserves the right to reject any or all proposals without cause. 12 ADDENDA If revisions become necessary, the County will provide written addenda at least five working days prior to the opening date to all Proposers who receive the RFP. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. Any changes to the RFP will be made available for all prospective proposers to receive. Although we will make an attempt to notify you of the addendum, it is the sole responsibility of the proposer to ensure it is received. L 3 EQUAL OPPORTUNITY The County recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women's business enterprises. The County requests minority and women's business enterprises to submit evidence of such classification with their proposals. l4 ORAL PRESENTATION Agencies that have been selected for the final short list will be expected to render an oral presentation based on past achievements, staff qualifications, and overall capabilities with special emphasis on tourism promotion experience to the Board and/or the Tourist Development Council or both in a workshop format. The Board or staff will schedule presentations. 6 I ~ INSURANCE ~Ir,i The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County. 16 LOBBYIST DISCLOSURE REQUIREMENT Pursuant to Article IV of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section 1-2-62 is required to make full disclosure with the Clerk of the Board prior or concurrently with the submission of a proposal to the Board for the performance of any services for the Board. Such disclosure shall include the following: A. The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional consultant by the Board. B. The name and address of the lobbyist. C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. The disclosure shall be filed with the Clerk on forms provided by the Board and such records shall be open to the public. 1-17 PUBLIC ENTITY CRIME STATEMENT 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 the County, may not submit a bid on a contract to the County for the construction or repair of a public building or public work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact business with the County in excess of $10,000.00 for a period of 36 months from the date of being placed on the convicted vendor list. The County will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA"). The County shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the County. 7 STATEMENT OF WORK 2-1 BACKGROUND PART II The purpose of the Tourist Development Council (TDC) is to promote and advertise St. Lucie County as a year round visitor destination and to increase the number of visitors, length of stay, and expenditures. The County employs a Tourism Manager, who will perform various advertising duties in-house and will coordinate directly on specific programs with the advertising agency and other entities to achieve these goals. The proposed TDC advertising budget for fiscal year 2001-02 is $89,000 which will be available for marketing, public relations, and research. 2-2 SCOPE OF WORK The Board is seeking an agency with extensive tourism experience in domestic and international tourism marketing, advertising, and promotions. Proven communications in pitching and placing media stories is required. The successful proposer will also have the ability to develop a consistent creative campaign with different elements to target diverse audiences for the purpose of expanding tourism year round in St. Lucie County. The successful proposer will have experience in television, magazine, newspaper, and radio advertising, as well as experience in non-traditional advertising, such as the internet. The successful proposer will be able to suggest and implement strategies to expand the impact of the TDC marketing efforts while allowing for the broadest possible exposure within the available budget. These strategies will include maximizing cooperative advertising opportunities and public relations opportunities. The successful proposer will have experience in targeting both consumers and travel trade decision makers in order to meet the tourism goals of the TDC. The successful proposer, in coordination with the TDC and its staff, will be responsible for the following tasks as directed: (1) Develop, recommend, and implement an annual marketing plan for the most effective advertising and promotional programs, with strategies especially directed toward: (a) A five-year plan describing and defining the direction of where Tourism advertising dollars should be directed over this time frame. (b) Consumers in the State of Florida and throughout the United States, Canada, the United Kingdom, Germany, and other international markets. (c) The travel industry, including travel agents, tour and vacation packages, both domestic and International. (d) Convention and meeting planners. (e) Reaching other popular segments, such as multi-cultural and eco-tourism audiences which will yield the greatest return to St. Lucie County tourism for promotional dollars expended. (~ Utilizing Internet promotional opportunities. 8 (2) Create, design, t produce a program of promotions to most effectively appea' -nd target tourists to visit and revisit Lucie County. wri'' (3) Analyze, develop, and produce the most efficient and productive media through research, including but not limited to, newspapers, magazines, billboards, and broadcast. (4) Production of brochures and related sales materials. (5) Target audiences and establish a performance measurement. (6) Explore and propose web site advertising, programs that will direct consumer and travel trade to the tourism site and maximize the County's visibility, thus generating more interest in St. Lucie County via the Internet. (7) Billboard advertising, designing, and coordination with overall advertising program. (8) The agency must have in-house public relations capabilities. 9 INSTRUCTIONS FOR PREPARING PROPOSALS ..~I~ PART III 3-I RULES FOR PROPOSALS The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 3-2 PROPOSAL FORMAT Proposers shall prepare their proposals using the following format: A. Letter of Transmittal This letter will summarize in a brief and concise manner, the Proposer's understanding of the Scope of Work and make a positive commitment to promote events and concerts. The letter must name all of the persons authorized to make representations for the Proposer, including the titles, addresses, and telephone numbers of such persons. An official authorized to negotiate for the Proposer must sign the Letter of Transmittal. B. Organization Profile and Qualifications This section of the proposal must describe the Proposer, including the size, range of activities, etc. Each Proposer must be authorized to do business in the State of Florida and, if a corporation, must be incorporated under the laws of one of the States of the United States, proof of same must be provided. The Proposer must emphasize its expertise in, and experience with similar programs. The proposal must identify the primary individuals responsible for supervising the work. The Proposer shall provide the County with the resumes of the primary individuals. The proposals must also include recent and pertinent references, including bank references, contact name, telephone number and address. C. Scope of Work This section of the proposal should explain the Scope of Work as understood by the Proposer and detail the approach, activities and work products to be provided. E. Additional Data Any additional information which the Proposer considers pertinent for consideration should be included in a separate section of the proposal. 3-3 AGENCY QUALIFICATIONS QUESTIONNAIRE Each proposer is required to answer the following questions in the sequence stated on this questionnaire. As the questionnaire will be reviewed by a number of people, the proposer should submit fifteen (15) copies of the questionnaire and requested materials. Agency Name Street Address Mailing Address (if different) City State Zip Phone Fax 2. Date agency was founded. 3. Agency ownership: Individual, Partnership, or Corporation 4. Names of agency principals. 10 5. Provide a brig` ~siness background and experience sununary of each of the ~ 7cy's key officers and department hem. `~ 6. Identify who in the agency's management will work on the TDC's marketing program and who will be primarily responsible for and have final authority on the TDC account. 7 List the total number of full-time personnel on agency staff, identifying them by department and by professionallsupport status. (Do not include consultants, freelance, part-time, or contract-service staff). 8 Outline all the tourism-related experience of the agency staff members who will work on the TDC account. Include tourism experience outside the agency and outside the advertising field, if applicable. 9. Pursuant to state law, the County is prohibited from making advance payments for ad placement or other services rendered. It is imperative, therefore, for the agency to have sufficient credit to maintain the account or if it will be necessary for the agency to arrange additional financing. Accordingly, each proposer must attach an audited financial statement or other demonstration of the agency's financial stability (i.e., bank statement of profitability history). 10. List the agency's bank affiliation(s). 11. State the total gross billing of the agency in 1998, 1999, and 2000. 12. State the agency's projected gross billings for the 2001 fiscal year. 13. List the agency's current accounts and briefly describe the extent of the agency's involvement in these clients' marketing process. 14. Identify any accounts which may be perceived to be in competition with the County or the TDC or may pose a conflict with the County or the TDC. 15. Identify any previous government accounts agency has handled. 16. List three (3) current clients which the County may contact regarding the agency's capabilities and services. Preferably at least one tourism type destination sales account. 17. List the agency's in-house capabilities for the following areas: creative, production, media, marketing, research, and public relations, and Internet. 18. Describe the role of the available research resources within the account service, creative and media departments and how such resources are utilized to solve a client's business problems. 19. Describe the agency's experience relative to destination sales advertising in the Canadian, United Kingdom, German, and other international markets. 20.. Briefly describe the process the agency follows in developing strategies to expand the tourism efforts, marketing, advertising plans, and collateral pieces. 21. Describe agency's public relations capabilities, and how they would be utilized to promote a tourism destination sales program. Attach three (3) press release samples (preferably tourism oriented). 22. Billing policies and procedures: A. Briefly describe the agency's standard billing policies (i.e.,) what services are covered by commissions earned, what is billed net and at what rate, and what is marked up and at what rate. B. If fee billing is used, explain how the agency computes the fee. 11 23. Briefly explai by the agency is interested in the TDC account and describe' w the agency would service the accit including any benefits that might accrue to St. Lucie Couri~ourism from agency services rendered to the tour and travel industry. 24. Attach three (3) samples of advertising created by the agency, and a brief statement of the objectives and results of each advertisement. 25. Include a description of what background in the area of billboard advertising the agency has had, including design, placement, and its integration into an overall advertising program. Include sample(s) of a billboard design. 26. Please provide examples of web site advertising you have created and utilized. 27. Please provide copies of brochures you have produced. 28. Please provide copies of other publications such as magazine articles, etc. 29. If there are any special qualifications of the agency which are not addressed in this questionnaire, please summarize them in one page or less. When asked for samples or copies of your creative works, they must accompany your submittal of the RFP to be considered a responsive agency. 12 EVALUATION OF PROPOSALS i1rr~ Part IV 4-1 EVALUATION METHOD AND CRITERIA A. General The County shall be the sole judge of its own best interests, the proposal, and the resulting negotiated agreement. The County reserves the right to investigate the financial capability, reputation, integrity, skill, business experience and quality of performance under similar operations of each Proposer, including stockholders and principals before making an award. Awards, if any, will be based on both an objective and subjective comparison of Proposals and Proposers. The County's decisions will be final. The County's evaluation criteria will include, but shall not be limited to, consideration of the following: 1. Experience of the agency and account team 2. Past performance records of agency 3. Knowledge of the tourism industry 4. Financial strength and credit history of the agency 5. Media knowledge of the agency 6. Marketing, communication, and public relations planning capabilities 7. In-house agency services 8. Willingness to terminate conflict of interest account if selected. 9. Research capabilities in the development of marketing and creative strategies 10. Ability to communicate effectively with the Board and/or the TDC during oral presentation 11. Past contracts with the Board 12. Cost of required services 13. Related experience in St. Lucie County 14. References 15. Completeness of submitted agency qualification questionnaire 16. Location of the agency's closest office available to the Tourist Development Council office . B. Selection The Board of County Commissioners may conduct the selection process or at the option of the Board, it may be referred to the Competitive Selection Committee (the "Committee"). Either the Board or the Committee will review all proposals received and establish a list in order of preference of no fewer than three Proposers deemed to be the most qualified to provide the service requested based on the criteria set forth above. Alternatively, the Board may direct the Committee to establish a "short list" of no fewer than three Proposers without establishing a priority order. The "short list" shall be submitted to the Board and the Board may rank the Proposers in order of preference. The Committee or the Board may request oral presentation from the Proposers when establishing the priority list. If three or fewer proposals are received, all Proposers shall be included in the selection process as described below. 13 If the list of Pr~lfisers has been prepared by the Committee, the list shall be shitted to the Board for approval. At the option of the Board, either the Board or the Committee shall attempt to negotiate a contract with the most qualified Proposer at a compensation which is fair, competitive and reasonable. If the Committee or the Board is unable to negotiate a satisfactory contract with the first Proposer, negotiations with that Proposer shall be terminated and the Committee or the Board shall attempt to negotiate a contract with the next most qualified Proposer. If these negotiations are not successful, negotiations shall be terminated with the second Proposer and attempted with the third most qualified. If the Board or the Committee is not successful in negotiating a satisfactory contract with any of the selected Proposers, the Board or the Committee shall select additional Proposers in order of their qualifications and continue negotiations until an agreement is reached or if no agreement can be reached the Board may reject all proposals and may re-advertise for new proposals. All contracts negotiated by the Committee shall be subject to final approval by the Board unless such approval is waived by the Board. 14 AGREEMENT FOR ADVERTISING SERVICES DRAFT COPY `'"~ THIS AGREEMENT, made and entered into this day of , 2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County," and XX ,hereinafter referred to as the "Consultant." WITNESSETH: WHEREAS, the County desires to retain the professional services of the Consultant to provide advertising services for the St. Lucie County Tourist Development Council ("TDC"); and, WHEREAS, the Consultant desires to provide the County with such services. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows 1. GENERAL SCOPE OF THIS AGREEMENT The relationship of the Consultant to the County will be solely that of a consultant. The Consultant is an independent contractor and is not an employee or agent of the County. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Consultant will provide the professional and technical services required for the successful completion of this Agreement in accordance with practices acceptable within the industry and good ethical standards. 2. SCOPE OF WORK The Scope of Services to be provided to accomplish the County's objective will be set forth in individual Work Authorizations for the winter, summer and fall advertising campaigns, and/or other work as authorized by the County. Upon prior request of the County, the Consultant, in coordination with the TDC and the County Project Manager, will be responsible for the following tasks under this Agreement: A. Develop, recommend and implement an annual marketing plan for the most effective advertising promotional program, with strategies especially directed toward domestic and international consumers travel agents and tour operators. B. Create, design and produce a program of advertisements to most effectively appeal and target tourists to visit and revisit St. Lucie County. C. Analyze, develop and purchase the most efficient and productive media including, but not limited to, newspapers, magazines, billboards and broadcast. 15 D. Provide andduce the necessary materials for placing advertisements end the production of brochures and~t'ated sales materials. ~ E. Conduct research to determine the appropriate markets to focus upon the most cost effective approach to reach such markets. Establish a benchmark for measurement and to refine the advertising message. F. Billboard advertising, designing and coordination with overall advertising program G. Explore and propose web site advertising programs that will direct consumer and travel trade to the tourism site and maximize the County's visibility through the world wide web. All photographs, design and artwork produced by the Consultant under this Agreement shall become the property of the County. The Consultant shall notify the County Project Manager of all available cash discounts for placement of advertising as such discounts become available. In the event the Consultant accrues bonus spots for placement of advertising on behalf of the TDC, the Consultant shall use such bonus spots only for promotions on behalf of the TDC. 3. PROJECT MANAGER The Project Manager for the County is Gayla Barwick, Tourism Manager, at (561) 462-1535. The Project Manager for the Consultant is xx at (phone #). The parties shall direct all matters arising in connection with the performance of this Agreement, other than notices required hereunder, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 4. TERM The initial term of this Agreement shall be for the period ,through and including The parties reserve the option to extend this Agreement for an additional term of two (2) years each upon the same terms and conditions as herein provided. In order to exercise these options, the parties must agree to do so in writing no later than thirty (30) days prior to the termination date of the then current term. 5. WORK AUTHORIZATIONS: TIME OF PERFORMANCE All services to be provided by the Consultant under this Agreement shall be authorized by the County through an appropriate Work Authorization prepared by the County Project Manager and approved as follows: A. Up to four thousand nine hundred ninety-nine and 99/100 dollars ($4,999.99) -County Project Manager and TDC. B. Five thousand and 00/100 dollars ($5,000.00) through nine thousand ninety-nine and 99/100 dollars ($9,999.99) - St. Lucie County Administrator and TDC. 16 C. Ten th°°~~,, ,,nd and 00/100 dollars ($10,000.00) and above - TDC end Board of County Commis3~fters. ~.. The Consultant fully understands and agrees that the County shall not pay for any obligation or expenditure made by the Consultant, unless authorized as provided herein. The time for completion of each project shall be defined in each Work Authorization. 6. COMPENSATION The Consultant shall be compensated for all services rendered during the first year of this Agreement under this Agreement in an amount not to exceed two hundred fifty thousand and 00/100 dollars ($250,000.00) as follows: A. Winter Campaign -Not to exceed forty thousand and 00/100 dollars ($40,000.00). B. Summer Campaign -Not to exceed sixty thousand and 00/100 dollars ($60,000.00). C. Fall Campaign -Not to exceed fifty-five thousand and 00/100 dollars ($55,000.00). D. Additional Services (Excluding Winter, Summer and Fall Campaigns)- Not to exceed ninety-five thousand and 00/100 dollars ($95,000.00). The compensation for the Winter Campaign shall be agreed upon by the parties on or before December 30. The compensation for the Summer Campaign shall be agreed upon by the parties on or before April 30. The compensation for the Fall Campaign shall be agreed upon by the parties on or before September 30. The compensation paid to the Consultant for services rendered hereunder shall be as authorized in individual Work Authorizations approved as provided above and shall be calculated using the rate schedule attached hereto and incorporated herein as Exhibit "B." The Consultant shall submit detailed invoices with supporting backup information, including media affidavits for each television and radio commercial placed and tear sheets for each print advertisement, to the County when requesting payment for a Work Authorization. Such invoices include detail sufficient for pre-audit and post audit review by the County. 7. DEFAULT; TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to The Consultant, the following items shall be considered a default under this Agreement: (1) If the Consultant should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Consultant should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. 17 (3) If th consultant disregards laws, ordinances, or the instructions r " `he Project Manager or otherwise be guilty of ~lkCbstantial violation of the provisions of the Agreement. "~+~'' In the event of termination, the Consultant shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. B. WITHOUT CAUSE Either party may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Consultant for all authorized work performed through the termination date. 8. FORCE MAJEURE Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure," including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and County shall compensate Consultant at the rates set forth in Exhibit "B," for the services performed by Consultant hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. 9. ASSIGNMENT The County and Consultant each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Agreement; and, neither the County nor the Consultant will assign or transfer its rights and obligations in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. 10. AUDIT The Consultant agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Consultant involving transactions related to this Agreement upon reasonable notice and during regular business hours. The Consultant agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Consultant shall refund by check payable to the County the amount of such reduction of payments. The Consultant shall refund by check payable to the County the amount of such reduction of payments. The County agrees it shall compensate the Consultant for amounts not charged to the County by the Consultant which are found on the basis of audit examination to constitute allowable costs under this Agreement. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 18 11. PUBLIC RE RDS Upon reasonable notice by the County, the Consultant shall provide copies of 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 for public review. 12. INSURANCE The Consultant shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. The Consultant shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be an Additional Insured on policies of Commercial General Liability, and Commercial Auto Liability with respect to all claims arising out of the work performed under this Agreement. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If subcontractors are used by the Consultant, it shall be the responsibility of the Consultant to ensure that all its subcontractors comply with all the insurance requirements contained herein relating to such subcontractors. All insurance companies providing insurance under this Agreement shall be licensed and authorized to do business in the State of Florida. These companies shall have a general policy holders rating of A or better and a financial rating of X or better according to the latest edition of Best's Key Rating Guide, published by A.M. Best Company. Any deductibles or self insured retention must be declared to and approved by the County. At the option of the County, either the insurer shall reduce or eliminate such deductibles or self insured retention with respect to the County, its elected and appointed officials, employees, volunteers and agents, or the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WORKERS' COMPENSATION The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $100,000.00 per occurrence. B. COMMERCIAL GENERAL LIABILITY The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $1,000,000.00 per occurrence, for claims of bodily injury including death, property damage and personal injury. The coverage Contractual Liability shall be included. 19 C. COMMA CIAL AUTO LIABILITY ~ •~` The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $50,000.00 combined single limit. D. OTHER INSURANCE PROVISIONS The General Liability. and Auto Liability policies shall contain or be endorsed to contain, the following provisions: L The County, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional insureds for any and all liability arising out of the Consultant's performance of this Agreement, or out of automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on scope of protection offered to the County, its Officers, Officials, Employee, Agents and Volunteers. 2. The Consultant's insurance coverage shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers. Any insurance or self-insurance maintained by the County, the TDC, their Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of the policy shall not effect coverage provided to the County, its Officers, Officials, Employees, Agents, or Volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. 13. INDEMNIFICATION The Consultant covenants and agrees at all times to save, hold, and keep harmless the County, the TDC, their Officials, Employees, Agents, and Volunteers and indemnify the County, the TDC, their Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgements, court costs, attorney's fees, and liability of every kind and nature whatsoever arising out of or in any way connected or arising out of the Consultant's performance of this Agreement. This indemnification shall be to the extent of the insurance requirements set forth in this Agreement. The Consultant hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. To the extent permitted by law, the County covenants and agrees at all times to save, hold, and keep harmless the Consultant, its Officials, Employees, Agents, and Volunteers and indemnify the Consultant, its Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgements, court costs, attorney's fees, and liability of every kind and nature whatsoever arising out of or in any way connected or arising out of the County's performance of this Agreement. 14. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 20 15. ATTORNEY, FEES AND COSTS ~/ In the event the either party defaults in the performance of any of the terms, covenants and conditions of this Agreement, said party agrees to pay all damages and costs incurred by the other party in the enforcement of this Agreement, including reasonable attorneys' fees, should such party prevail against the defaulting party in any legal action instituted in response to such default. 16. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 17. VERIFICATION OF EMPLOYMENT STATUS The Consultant agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 18. NOTICE All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To The Consultant: XX XX With A Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 and St. Lucie County Tourism Manager 2300 Virginia Avenue Ft. Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 21 19. COMPLIANT 'WITH LAWS r.+ri The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. 20. TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by Consultant shall act as the execution of as truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Agreement rate(s) was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. 21. INDULGENCE NOT WAIVER The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs or at any time throughout the term of this Agreement. 22. CONFLICT OF INTEREST 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 Florida Statutes 112.311 (1989) and as may be amended from time to time. 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 by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the 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, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Consultant under the terms of this Agreement. 22 23. INTERP~~ION; 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 St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. BOARD OF COUNTY COMMISSION ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: XX BY: SECRETARY PRESIDENT (SEAL) 23 EXIIIBIT "A" "~ SUMMER AND FALL CAMPAIGN The Consultant shall provide the following services only when directed by the TDC with regard to the advertising campaigns. There will be occasions when the Consultant will be requested to expand upon the existing advertising campaign theme. 1. Upon request and receipt of budget approval from the TDC, the Consultant shall develop a theme/concept story board with creative collateral material (minimum of 2) along with suggested media placement for the campaign. A particular theme/concept should be carried throughout the campaign and be formulated to reach the following markets: families, "empty nesters'," and mature markets. 2. The Consultant shall present the campaign to the TDC for selection and approval 3. Following approval of a campaign by the TDC, the Consultant shall begin production of the creative concept approved by the TDC, that may include some or all of the development of advertising for radio, newspaper, magazines and television and a marketing strategy for such advertising. 4. The Consultant shall meet with the County Project Manager for final approval of the campaign. 5. Following final approval of the campaign by the County Project Manager, the Consultant will place the advertising with appropriate media. The advertising shall run during the following periods: Winter -January through April 30 Summer -May through September 30 Fall -October through December 31 24 EXHIBIT "A" - Cq ~-~ued ' RATE SCHEDULE SERVICE/DESCRIPTION RATE/HOUR ART DEPARTMENT: Illustration $ Broadcast production $ Layout/Design $ Mechanical art $ Production coordination $ Research $ COPY DEPARTMENT: Cooperating $ Broadcast production $ Research $ Proofreading $ MEDIA DEPARTMENT: Media planning $ Media coordination/placement $ Media research $ PUBLIC RELATIONS: Cooperating $ PR coordination/media contact $ Research $ Word processing/collation/mailing $ ACCOUNT SERVICING: Broadcast production $ Client conference/business meeting/telephone $ (Excluding TDC meeting and TDC staff meetings) Secretarial services, proofreading $ COMMISSIONS: Outside services Non-commissionable media (Media does not pay a commission for placement; fee charged to County will include a 17.65% commission mark-up.) commissionable media (Media pays a commission to Consultant for media placement. Commission will equal 15% of gross media cost.) 25 EXHIBIT "B" 26 Agenda Request Item Number r~~ Date: ~u,ri.a? ~ 5, ~d01 Consent [ ] Regular [ X ] Public Hearing [ ] Le~ ] Quasi-JD [ ] To: Board of County Commissioners resented By Submitted By: County Administrator e,~_ Co y Administrator SUBJECT: County Commission Redistricting BACKGROUND: Chapter 124.01(1), Florida Statutes provides that they .shall five County Commissioners' Districts in each county. These districts are to be number o o five, inclusive, and shall be as nearly equal in proportion to population as possible. Paragraph 3 of this same section requires that the Board of County Commissioners shall from time to time, fix the boundaries of the these districts so as to keep them as nearly equal in proportion to population as possible. However, any such changes to the boundaries of County Commissioner Districts may only be made in odd- numbered years. With the publication of the 2000 decennial census data, County staff has been asked to evaluate the current population distribution in the County and determine what, if any, changes are necessary in order to bring the County Commission Districts back into a condition of being as nearly equal in population as possible. At the Boards meeting of June 25, 2001, County staff will present a report to the Board on the status of our work to date. Staff will have several revised commission maps to present to the Board at that time. Following that report, a recommended 30 to 45 day comment period will be provided for in order to address any questions about any proposed district modifications. After that comment period is complete, we will again report back to the Board on a recommended revised County Commission District Map. If the Board determines that the recommended map is acceptable for further review, a public hearing on the proposed revisions shall be scheduled, in accord with the requirements of Chapter 124.02, Florida Statutes. At this time I would anticipate that this public hearing will be held in September. At that public hearing a specific resolution, along with legal descriptions of the proposed revised Commission Districts will be presented and have to be acted upon by the Board in order for any changes to become effective. No change in County Commission District boundaries may be effective until the changes are filed with the Florida Department of State. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Accept staff report. Hold further action until Fall 2001. COMMISSION ACTION: C CURRENCE: APPROVED DENIED OTHER 5-0 Will take wri ttr~n COTriIC12ri'tS fI'OIit bOdYd . Douglas M. Anderson Coordination/ Signatures County Administrator County Attorney Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance: (AGEND560 ~.ti ~, J~\E OOG y y~ OFFICE OF THE COUNTY ADMINISTRATOR jO~OR\~P MEMORANDUM TO: County Commission FROM: County Administrator DATE: June 21, 2001 SUBJECT: County Commission Redistricting Chapter 124.01(1), Florida Statutes provides that there shall be five County Commissioners' Districts in each county. These districts are to be numbered one to five, inclusive, and shall be as nearly equal in proportion to population as possible. Paragraph 3 of this same section requires that the Board of County Commissioners shall from time to time, fix the boundaries of the these districts so as to keep them as nearly equal in proportion to population as possible. However, any such changes to the boundaries of County Commissioner Districts may only be made in odd-numbered years. With the publication of the 2000 decennial census data, County staff has been asked to evaluate the current population distribution in the County and determine what, if any, changes are necessary in order to bring the County Commission Districts back into a condition of being as nearly equal in population as possible. At the Boards meeting of June 25, 2001, County staff will present a report to the Board on the status of our work to date. Staff will have several revised commission maps to present to the Board at that time. Following that report, a recommended 30 to 45 day comment period will be provided for in order to address any questions about any proposed district modifications. After that comment period is complete, we will again report back to the Board on a recommended revised County Commission District Map. If the Board determines that the recommended map is acceptable for further review, a public hearing on the proposed revisions shall be scheduled, in accord with the requirements of Chapter 124.02, Florida Statutes. At this time I would anticipate that this public hearing will be held in September. At that public hearing a specific resolution, along with legal descriptions of the proposed revised Commission Districts will be presented and have to be acted upon by the Board in order for any changes to become effective. No change in County Commission District boundaries may be effective until the changes are filed with the Florida Department of State. If you have y questions about this mater, please do not hesitate to let us know SUBMITx s o gla M. Anderson, Cou Administrator DA/DJM cc: County Attorney Interim Community Development Director ~. AGENDA REQUEST `~ ITEM NO. -~ DATE: June 25, 2000 ADDITIONS REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Local Option Gas Tax Division of Proceeds Beginning September 1, 2001 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION; Staff recommends that the Board determine whether to a rov determination set out above and direct the County Attorney to notify the Department redetermination b pp a the annual y July 1, 2001. of Revenue of the COMMISSION ACTION; [ x] APPROVED [ ]DENIED [)OTHER: Ci~lude Bond Proceeds from Y's calculation and re-calculate. uglas Anderson County Administrator Review and approvals County Attorney: Management & Budget Originating Dept. --~_ Purchasing: '"'*.~,~. Other: Finance: (Check for Copy onl Other: Y, if applicable) Eff. 5/95 ~/ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. M`Intyre, County Attorney C. A. NO.: 01-907 DATE: June 6, 2000 SUBJECT: Local Option Gas Tax Division of Proceeds Beginning September 1, 2001 BACKGROUND: On May 12,1987, the Board approved interlocal agreements with the cities of Fort Pierce and Port St. Lucie concerning the allocation of the six (6) cent local option gas tax. In November, 1992, the State of Florida Department of Revenue notified the County that St. Lucie Village became eligible to receive a portion of the gas tax. As a result of that notification, on April 6, 1993, the Board amended the interlocal agreements with the cities of Fort Pierce and Port St. Lucie to include St. Lucie Village. For the periods beginning September 1, 1998 through August 2000 the tax was distributed as follows: Recipient Fort Pierce Port St. Lucie St. Lucie County St. Lucie Village 1998-99 Share 13.37 Percent 47.42 Percent 39.12 Percent .09 Percent 1999-00 Share 14.98 Percent 45.84 Percent 39.03 Percent .15 Percent 2000-2001 17.7743 Percent 46.5327 Percent 35.5618 Percent 0.1312 Percent The agreement provides that all subsequent divisions of the proceeds shall be redetermined by the County before July 1 of each succeeding year based on transportation expenditures for the five (5) fiscal years preceding the year in which the annual redetermination is made. The Management & Budget Manager recently contacted the two cities and the Village to obtain updated figures. Attached to this memorandum is a copy of n table from the Management & Budget Manager with the recalculated percentages. Based on the information submitted by the Cities and the Village, the recalculated percentages are as follows: Recipient City of Fort Pierce City of Port St. Lucie St. Lucie Village St. Lucie County 2001-2002 Share 17.7743 Percent 46.5327 Percent 0.1312 Percent 35.5618 Percent The County's Office of Management and Budget (OMB) has some questions pertaining to the actual amount of stormwater utility expenditures by the City of Port St. Lucie. OMB also has some concerns about the inclusion of roadwork actually paid for by the St. Lucie West Services District using bond proceeds. OMB was not able to address these issues before the July 1 deadline. RECOMMENDATION/CONCLUSION Staff recommends that the Board determine whether to approve the annual redetermination set out above and direct the County Attorney to notify the Department of Revenue of the redetermination by July 1, 2001. Respectfully submitted, Daniel S. M` County Atto DSM/caf Attachment ci W c 0 c~ m m Z c m d N N X fD i r O a r r O n D r Cn G N O O N N ~I ~i TI ~I T T T T m 'n T T T T 't'I T T ~ m N ! N + N ! N + r .l + + r ! + ! + + (p o co O co o ~ o co o cD o co m co io co ~c co ro co m co 1 ~ m W m N UI o m + A o cc O W ro m l0 N m~ 0o <c co O ~ m m m Z ao a~ a~ a~ a~ ~~ V a~ 01 ~O a~ N Oo a~ X r0 ro ro r~+ rm ~+ rA rW rN m '~ O O O X X X O x O x O x O x O x O X ' p N tD ! !!+!!!+!+ o o ~ nm c)v c7~ c~v C>v Cf~ C)v c~v ( 1m o~c<ec ~ cococncoco<ococo~ m am Dm am Dm am am Dm am Dm ~ O t0 (O (O (O (O [O cO cO (D c0 W O~ W o OO NAW Nl c ~ 1 Z 1 Z 1 Z 1 Z 1 Z ~ Z 1 Z -i Z -i Z N Vrn oco~ o O O~ 0o O~ OD OD O~ OD OO Oo A O O O O ip ~O cO (D (O tD ~~ N o~om V rnc A l n Z Z Z Z z Z Z Z Z m n W N omm ~ C C C C C C C C C ~ b ~J ~] ~ ~7 ~ .Z7 .Zl 7) ~ a- fn r ~ ~ W ~ ti O N ly A i U [O N A V Ut A O ~ A N W O (O f0 O C71 N w N A N U1 O A (7t fT O A N V! A 67 V N (( ~~ A (Ti .P A W A O A W W V W! (D CT pp p p f00 s O N f A~ (OJ A N m O N N N V -~ W W fp V p0 A O ? IV N O GD ZT V (O IV IJ O W G O O O ~ t0 ~O N O c0 f0 O1 OI c0 01 t0 O V -A <J V (T W O ~ o O o fJl o O A W ~ O ° O O ~ O N 07 ? V O) C7i W N W V O N W N A tD V + e o 3 a e o W W N V W O \° e ~ ! ! + + A ~' (D C71 V! N N lD + W T N N t0 OI N O ~ A -~ i0 GU ip A N ~ O V O W A O! (O O W Cn 0 0 0 0 0 ~ a a a a~ a~ e e e e e e e W N N N + ! ! + + W 61 A O V O W A A O O 41 A A A A N N W N N N V W C1 + + t0 i0 ~l ~ ~ N 01 V W W + + p) O1 ~ cD C1t O _ _ _ _ ! _ _ _ ? V N ~ w O v A p7 ! A CO W (Tt N Gt N Ut N A N! W! O + O N C *1 + N V W~ O A A C1 CJI t0 ~ f.J N ~I ? Ul ~ ~ O O CO A. (O O W f0 CT (T + Co ~ V V UI ~ ? W CT O~ O) V U1 N O 07 N W W N ! W O O~ C71 N A A W V A f0 e O o 0 o O e m ~ N ~ O o + e ! V -~ ()1 (D V fD + W OD -+ QI W V 0 _ V W W W n N V c D c0 O O N W A j+ T W t0 O W A N OI CJi E N O ~ W O A (D O O U1 N U~ (D O ~ o e 3~ e e e o e e e o 0 O m m N ~ CT O A A + + + ! + + + + ! W V Cn N Ol CJ1 O N O O A W U1 W++ + CO N O CT A N O A (O 07 N m + pl C71 V W N! ~p W i p~ d1 A V W ~ N N W W W V W W W A A (n A Cn A A A A CT t0 W! (n W W (D + m A~ W I O W V 00 (O A (O V c0 ! N O W V W tT m O W V A N Q1 V W V V A Cn O ~ + Oo 00 W 00 ! V ~! O~ W !~ N N~ (D O O T O A V C]t O V O~ O O OG O O O ~ rn 0 io O1 (o to O N W~ N O e V e ! ao V e A ~ O a ! i e N a W ~ W N O O O (n OD (T A Ut ! ! (p V W N U1 U1 A (D N O1 ~ A ~ N N N W N O Of O] O1 Ut + m W O N! N VI O O A fJl CJ N A A fJ fJ1 c0 ~p Oo N Ul A G~ W N W OI (O N A ~ 2° 2° 3° o o e 2° a e 3° o e A A A W N W O (O t0 (~ W W s -+ W N N! N++ W O O O O V O m O A O N O (D O! O A O (D W W c0 Q1 c0 ! O 1 W ~ + ~ fJ1 -+ i O OD O A T O W O IV O N W 4.1 QI Ut W <Ji IV IJ ~ O iJ ~ N A O CJI fD W CO 00 O A f0 W OD A f0 A W (D O N A 0o Cn Of W [O N a? N c A e A e O o A e O o V o Gt o CJI Ut O A N+ V O 00 (O V A N (O 0 W + i + n + V A W~+ A+ O W 7' A OG O W O A A O! W~ N d ~ W W V N W~ A O~ ~ W W + ~ 0 0 0 0 0 0 0 o e o e o c0 V m (Jt ! A W N ! O A W W W W W N N N N N++ O N O O A 01 W CT V [O V W + O O~ O W CT N A N ~ + A7 + ~I + 4.1 ! ~ ! CT + ~ + (O -+ W -~ OJ (O ~ (O O T (T N O + V V V UI O A O V O A O O O O Oo O N O 0o O O O) N O W O Q1 [O Cn N V -+ (O O W O 00 O OD O O O A O W O V 0 0 O A O+ V O V+ O O W O (T O V ~ C O O 01 O IV O 00 O W O C O O T O ~I O N Co O v ~I Cv ? N U~ OD W V ~ _ O O Oo O A O O W O t0 O (O O Oo O N V N V O) A W N A V! W! 01 e W c ! c V e U1 e O ~ O e A e <T a? A O W [O W ~D Oo O Q~ [D N W O O a° n _ _ _ _ O ~ t A A A W V A O O W A m 4 1 V r 0 W V O O W W N O V ! ( f D - + C 71 O O 0 0 0 o ~ e o 0 0 0 0 0 0 0 0 0 o a` a` a o o ~ o e r ^O • J r Q ~_ O /Z YI D N D x D ^O • I D _~ O Z 1 O ~Fi. May 31, 2001 CITY OF PORT ST. LUCIE ENGINEERING DEPARTMENT ............................ Mr. Ray Wazny, Public Works Administrator St. Lucie County , ,; ~ 2300 Virginia Avenue Ft. Pierce, FL 34982 Re: Gasoline Tax Distribution Dear Mr. Wazny: Attached is a memorandum from Mr. Frank Blackwell, Finance Director, indicating that the expenditures for the City of Port St. Lucie over the last five (5) years as it applies to the gasoline tax distribution is $83,063,991. ]n addition, the City of Port St. Lucie contracted with the St. Lucie West Services District in 1999 for the construction of the roadway improvement projects outlined on the attached spreadsheet labeled as "Exhibit A". The Ciry Council awarded the contract for the construction of the projects thereby obligating the City to ensure their successful completion. The contract required another Government Taxing District, the Community Development District, to pay for the construction work. Therefore, the total amount for the St. Lucie West projects, including engineering and testing services, etc., is also added into the expenditures for the period of the last two (2) fiscal years in the amount of $5,461,219. Therefore, the total amount of City expenditures related to the gasoline tax distribution over the last five years is $88,525,210. When available, please provide us a copy of the gasoline tax distribution records for the County, Fort Pierce and St. Lucie Village for the last five years. A breakdown of the County's computations would also be appreciated. Should you have any questions, please feel free to contact me. /pr Attachments cc: Bonnie Dyga -Assistant City Manager Patricia Roebling, P.E. -Assistant City Engineer - g. Y ~~N.I ~ ~~i nrf~ia e., ,. d r 121 S. W. Port St. Lucie Boulevard Port St. Lucie, FL 34984-5099 561/871-5177 Fax 561/871-5289 a~ 0 0 w a .~ a O O O N Q1 i C C C ~ N ~ ~,. ms 'O ~ I O O N T ~ e - > tT ~ W N O ,c0 m tC/ tt p h ~ N ' N N r r y r 'V O f D ' ~ i ~ ~ tl O L ' N ~j w 0 c 0 6A ~ G fA V~ 6f? V~ 1~9 ~ X W II ~ II II II I I II II O Z _ N .r I-G ~ 1- Fes- F~- ~ ' ~ ~ N c O •E ~ ~ R .~. ~ ~ a~ ~ ~ I m a ~ rn N ~ X W tv t .... 'p p 0] w ~ U m ~ ~ - -- :Y _ . Q 4 CITI' OF I RT PIERCE ;~ OFFICE OF DIRECTOR OF FINANCE CITY HALL, 100 NORTH U.S. 1 P. O. BOX 1480 FORT PIERCE, FLORIDA 34954-1480 May 9, 2001 Ms. Marie Gouin, Director Management & Budget Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Re: Transportation Expenditures Dear Ms. Gouin: TEL. (561) 460-2200 FAX (561)489-2594 As requested in your letter of Apri116, 2001, enclosed are the total transportation expenditures for the last five years. Please call with any questions. Sincerely, MAY - ~ 2~1 George J. Berg ' Director of Finan GJB:jdr SuN~ ~ ~~ ,. ~, s ~o -. T;'~ Encl. 1 c FlhAhCE DEPARTMEPIT interoffice Memorandum To from Subject Date George J. Bergalis, Director of Finance Gloria J. Johnson, Chief Accountan L~ ,,,,','~/ ~. : TRAt~.SPORTATIOn EKPEMSES ! ~~. May 3, 2001 Listed below are the transportation expenses incurred by the City of Fort Pierce for the past five years: 1996 ~ 4,292,309 $ 95,248 $ 4,387,557 GJS jdr 199T 4,175,950 636,639 4,812,589 1998 6,415,618 319,347 6,734,965 1999 8,496,731 114,600 8,611,331 2000 9,146,050 121,967 9,268,017 $ 32,526,658 $ 1,287,801 $ 33,814,459 City of Fort Pierce, Office of Director of Finance, P.O. Box 1480, Fort Pierce, FL 34954-1480 Telephone: (561) 460-200 ~ FaK: (561) 489-2594 it4;7a`~ri: iR^.u ~'s7 SR: .veil '~°. tt :: ~ e ?:._:.e~aC v. N~t"~_ ~H~c'G" v. GR:F~IN ,1. STEPHE!4 TERN E'!.1' A'e fiE. v..>•T-HeJ ~J ~- mt-:,RR"r MAiaA ~2V ib~ G!iU_ 3C.=2"u C~ ~^?1~: y'v ate. rr?+-:•-??S1i:r_"i E'i'S 230 uirgi~ia A+r=nue '`: t: (Si ~~ F1 tc'ti t 1'~S~iCCt~i iC~; ri ~~>•i'~' ~~~~ C~ 3_~_~_t_~_~_~1T ~ PV C~[ CF?AR'FR,D F"b teT Gi E°CE, FirJR3 L'~ii 34=15 faMC;yE (Rezi) ss49Z'~77 I~AX i,.,i a~a•t5EB 1 6 2001 TJ. ra..i a-._. !sue -n,> :rry-. -r a+-~ri fi.-~~r.~_ i a~ qr ar,nm nnr 'rnT '•'~p Ski ~ ~.q ry~ ,~Pfi • _v • J .. ra- a,-.-ri as 1`ry`•; '.'1.'; '! ^-;-`C *'(5"_A~ !'.YT. 1^.C T:?S L°•_?fi 1C~_T: ~'t?!,3 -.~v ~SS14 °_*7~.='F+,~rcc 'FQi -:, .zn Ci. -.r.-I'~ v_1iau~ 2rJ'i t.+i'-.'c i13C31 ~!'°~w` ~':!uliiC{ jt~~j7 ~~=1!~t'JRi J~j .- cu•.ru -vT25 ~~ ^ .. . J ~jr~ ~ ~ as "~S+1J ~t~~y~,t..~r lJr $iJl lfJ ~ ~ ~ltl z~.~~ ~`q ~ (~' ~ i ~ 3 i i ~., i ..4 J i !iii i4i ~~ .., _~.. ._~. .. .~tiua ..Ji.: a. i-~...-vu: -~.~ Tl. .~+in r. ~Itr~ aOARD OF COUNTY COMMISSIONERS June 22, 2001 Mr. Don Cooper City Manager of Port St. Lucie 121 S W Port St. Lucie Boulevard Port St. Lucie, FL 34984 RE: Gas Tax Formula Dear Don: COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON This is to inform you that St. Lucie County will be submitting the updated Gas Tax Formula to the State of Florida prior to the July 1, 2001 deadline. We are placing this on the Board of County Commissioners agenda for Monday, June 25, 9:00 a.m. for authorization for submittal. Staff will be recommending scheduling a meeting with both cities and St. Lucie Village in the near future to revisit what is eligible for expenditures within the formula. If the Board accepts staff recommendation and it is determined that an expenditure submitted should not be included, it will be taken into account retroactively in next years' formula. Should you have any questions, please feel free to contact me. Sincer , -iJ--._._- ~.-.~~ l D u~s M. Anderson County Administrator DMA:es01-112 c: Boazd of County Commissioners Robert Bradshaw, Assistant County Administrator Ray Wazny, Public Works Director Marie Gouin, ManagementBudget Duector Gary Perdew, Senior Budget Analyst Dan McIntyre, County Attorney JOHN D. DRUHN, Disrricr No. 1 • DOUG COWARD. Disrricr No. 2 • PAULA A. LEWIS. Disrritt No. J FMNNIE HUTCHINSON, Disrricr No. 4 CLIFF 6ARNE5. Disrricr Nc County Adminisrroror -Douglas M. Anderson 462 1450 TDD (561) 462-1428 2300 Virginia Avenue Fort Plerce, FL 34982-5652 Phone (561) - FAX (561) 462-1648 • email: dougoC~?sllucieco.gov 08!22:01 FRI~21 FAS 581 J•l~ X298 CITY ATTY PSL [002 ... ~• ; i ~.J~. ~',. ,,ti r` ° ~..~ 4~~,, CITY ®~' PDT S7: LUCIE ~-~ 4 ' ,,~'- ~ e • • • o • o • • • • • e • • • • • • • ~~ , ~~ _ ` ~~ A CITY FOR ALL AGES June 22, 2001 r Mr. Douglas M. Anderson ~ (~ County Administrator ~~ St. Lucie County 1,v /~ 2300 Vlrglnla Avenue ~ Y i 1 l Fort Pierce, Florida 34882-5652 .I ob ~ ~ Re: Gas Tax Formula !Your letter of June 22, 2001) ~~ AN Dear Mr. Anderson: /}~ ~ Although you advised me, pursuant to your June 22 letter, that you wil( be submitting a formula far the Board of County Commissioners' consideration, you also imply that there will be recommendations that will exclude expenditures. One can only assume from your letter that you will be recommending expenditures incurred by the City of Port St. Lucie to be excluded. However, your Ierter of June 22 dees not indicate what will be recommended by St. Lucie County staff. Please be advised that the City of Port St. Lucie is prepared to exercise all rights ~ appropriate pursuant to the statute in order to ensure that its appropriate transportation expenditures are included pursuant to the statute. 1 cannot blindly ~ accept the actions taken by county staff, particuiarly when I am not provided with any information as to what those actions era. It is the city's position that we have submitted expenditures pursuant to the statute and our expenditures are eligible and appropriate pursuant to the statute. If you have any questions or need any additional information, please advise. S/i ce~re~ly~,~ fir, 'DONALD B_ COO City Manager D6C:eg c: City Council Frank Blackwell, Fnance Director/City Treasurer Walter B. England, P.E., City Engineer Roper G, Orr, CityAttomey 121 S.W. Port St. Lucie Boulevard • Port St Lucie, FL 34984-5099.561/871-5225. 5fi#f8~B89~-- AGENDA REQUEST ITEM N0. . DATE: June 25, 2001 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] T0: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration SUBJECT: Bi-Weekly Committee Reports PRESENTED BY: BOCC BACKGROUND: At the April 11, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, on a bi-weekly basis, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2nd and 4`h Tuesday of each month. ~ FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: Committee Meeting Date Commissioner Blueway Advisory Committee Monthly Barnes Chamber of Commerce Board of Dir. Monthly Hutchinson Children's Services Council 2"d Thursday Barnes Cultural Affairs Council 2"d Tuesday Hutchinson SLC Expressway Authority 3rd Thursday Lewis/Bruhn Friends of SLC Library 2"d Thursday Lewis Property & Homeowners 2"d Wednesday Lewis St. Lucie County Fire District 3'd Wednesday Bruhn/Coward Transportation DLCB 2"d Wednesday Lewis Treasure Coast Regional Planning Council ' 3"d Friday Coward/Barnes COMMISSION ACTION: [xJ APPROVED [ ]DENIED []OTHER: Reports given Dou s Anderson Cou ty Administrator °ltr• AGENDA REQUEST ITEM NO. C-2 DATE: June 25.2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Parks and Recreation SUBJECT: Request for purchase of Flexible Steel Drag Mat Cost - $927.40 PRESENTED BY: Pete Keogh Director, Parks and Recreation BACKGROUND: Staff is requesting the purchase of a Flexible Steei Drag Mat that will allow simpler and more efficient maintenance of baseball infields. This equipment will locate and remove stone and debris in the clay Infields, which may cause injury to athletes. It will enable Parks' staff to fill in low areas with clay and smooth out high areas. It will also help alleviate the need for a Parks' staff member to do the maintenance by hand, allowing the Parks' staff member additional time to handle other infield maintenance. The vendor is Mid-Atlantic Sales Associates at a cost of $927.40. FUNDS AVAIL.: 001-7210-564000-700-Parks Department Capital Equipment. Moniesfordragmatare a result of savings from previously purchased capital equipment. Savings of $3,854 from the purchase of a Dodge pick-up truck from Equipment Req. #EQ01-098. PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners approve the purchase of a Flexible Steel Drag Mat and also approve Equipment Request #EQ01-267. COMMISSION ACTION: ~] APPROVED [ ]DENIED (]OTHER: ~. '~ 1 ~~ County Attorney: ( Originating Dept: Finance: (Check for Copy only, if Applicable) Cou nta/Admi nistrator Coordina~ti-o,_n~/Sianaturea Mgt. & Budget: /°`E..1.~ Other: Purchasing Mgr.: ^ Other: Eff. 1/97 H: \Adminiatration\Agenda item - Steel prag Mat.wpd s .. m A c ~ c D n m c ~ c D 3 _~ m ~ ~ ~ ~ m Z ~ ~ ~ A ~ ~ - -~ ~ z o mg~~ ~ ~ a a '~ o' ~~ ~ ~ k ~ X V n N n ~ Cn fn ~ o gv.a m Z a~ y ~ cn p ~~o~ m ~ 3 "~~ r n ~ N iii O "" m b ~~ ~ ~7 n c cp ,M c ~ a ~ i y n Z -1 m ~~M~ ~ O r ~co ~ C n ,~ ,- o ~ ~ m a ~ v ~ m n n~y`DCn ZD ~a`o° ~ Z ~,~o o ~~ ~m~ o~ mCO~ ~Q°~ omo °i"o= D~~ o ~ y ~~ z a ~ v„v n ; s~ F ~ ~ n D O p -~ ~ c z ~o o.= ~~~o ~ ~ ~ o p ~ m~,n ~ nC Z v a~~~ o D ° z rn D Z ~ ~:"~~ ~ m v m A mr-~ m Qym~ o-C z m~ o m i mDn ~ v ~~ a - i o ~ ~ . a a 3 N ~ myQ~D _ O(n ,,, O to cD O (n ° O ~ ~ ?m N z o ma~ m m m o mmo3 ~ cn cn ~ o o < ~ ~ ^- m 3• (/~ ~ A ? ~ ~ p O ~ cD ~ ~ ~ ~ ' W O 0 . 3Q~~ z vo?~ ~ O j ~ ~ y (Mp N ~ ~ ~ ~ d ~ ~ R o y (_D N t tU ' m m 0 Jar:-:i-~JC! :` -:1 1413 South Meridian Read gasper, IN 47g4g.383t USA Telephora: 8 t 2!634-2100 pax: 8 t 2!634.2036 Bill To: TyP~: oat ST LUC!E COUNTY PARK 8 REC DEPT 1302 VIRGINIA AVENUE FOnT PIERCE, FL 34982 USA ~F^=H Sales Order 829906 Order pate 06111/01 Ship To: Default ST LUCIE COUNTY PARK 8 REC DEPT ATTN: GARY ROACrI 1302 VIRGINIA AVENUE FORT PIERCE, FL 34982 USA k:s~tmer THIS IS A BlplESTIMATE 24674 DROPSHIP ORIGIN Tetme PurChiti9.CrdfrNtxnOer NET 30 DAYS '°~~'On Rehnna No t]ty. Ordenb . SM I ~:. QUOTE I oos CSA . CSA OI`Oitrd roeM til -t10R - .. Urot . R ~D4te D4oount 16 Unlt Prl 1.000 0.000 01418 T4x lxtsndsd Pita CUTTING AND L =VELING ORAL GACH 06111;01 850.000 1.000 0.000 FREIGHT ~ N 850.C0 ESTIMATED FRE ;GH7 CHARGES Ch 06/it;pt 77.4G0~ 77 40 I Ni ' ~ . I I I ~ 1 ~--- . GARY ROACH A".ONe: SG+162-1512 Fqx; 351 J02'~ I 2377 Tr grVKS GAF2V FOR 7Hc OPPORTUNI'i Y TO SUBMIT Tk. q 91D. tF YOU HAVE ANY gt/EgTiONS RLEASE CGN'T hESITATE TO CALL ME AT gpp_4641519 I ~QOK RORWAAD TO HEAPING FgOh1 YOU SOON HAVE q GREAT OAYI BEST REGARDS. CARLA ADERS•lOpMIS 1.SY. Ananq cherye la added to eN invofcss 10 days pant due. 32.00 minimum Plus ea:eCtlon coats, court cost end sttorrtey teen, psyn,ent on time le aPPrecisted, -. Thank you/ MAa4, FED•rRA6 TA7t lD JS-1977516 Prnt Date: 0g/ t 1101 1:49 PM t \ J Customer Original Nan TaxaOie Suototal Taxable Subtotal Taz Total Order 927.a0 0 00 Paoe 1 -~ ~r~L F.OS ~fe'~i Grooms ~ E ui exible-Steel Dra s ;ged, continuous crimp, flexiblge =steel s s.- t a rust resistant galvanized Finish.Ideal'?s'• breaking up aeration plugs, dragging ball",_` . Hoods and soil preparation for seeding.'., - dard & heavy duty models available. ' q pment ~. adard Dut}• Drags ceps .0+<" thick crimp with a 1"sl" 1.6 lbs. per sq'ft neig!;t, Coc.es com- ',v~,t!t a r,y~lon rope and handle attached. ci'L=01-ii? IS I!)s. $'3.>0 c>'L =Oi-il; ;j lbs. ....5176.50 e3 L =020S0 3~ lbs. 511j.j0 :GL =:i1~15 (Z :bc S1'9.j0 ,F'L = ::11(1 ,;-, tbs. S'6-1.50 ~~~~ } l~ ~ - r'r ,j~ f ~,~' ' ~ z v ..,.a .. r..u. pL .~'fT r Ntr/ .y '~ Yl' ~. DutZ• Drags t:u~i„5tc'r '• .rcng h !:: tes t!;e s- r of the stag :.1,: ~'2 deC, \ Q~?" Ihick lrlr :'.1C]i: 7.7 !!h. 7ef SCI tC l\'eigl ~0:::~~'C[u t\-;[h a ?ICeI anole R :aches ~. ~[A,,; !: ai>i+n,ldl'SG(J Jtr~m~d 'L=ot~;~ 6-i !hs S1G9 'L =o~os1 s'z lbs. - .. S'_2-~ 'h =i]lii; I'9 Ibs- S29~i '[. =0115' ISi Ih, Czc: ~naf Chain '' ~ to b ty ~~ ~~`x, ' a 10' ~ •..~;..~. ~~~\~ f hea\y tel." `~ ltn 3Rd '.p clips for both attaching to a 1 to the tractor. /5 I bs .... ........... S 22.9 RICK e}'e I Combination Scarifier/Drag Designed to break up hard crusted placing surfaces. I{ea\} dot}• Re!cied steel angle iron constntctior, teill held concrete blocks When needed. Dual aaio:: groomer has la'ge ?''z~' scarifying teeth on one side and v'orks :u a Ie\elutg d:a~, at ;hC oti:er s!de Aieasures 6' aide anc a deca IGz' for added stabi!in' Includes to.\ citai^. and a 1" solid steel cf:ag bar for s:nooth.R: acd lev~e!iny after scarifci:,? =0I5C5'j !!;_ S~?9.95 Replacement Tenth Set =01601 9 I'n; S-9.9> Big League Nail Drag IIreaks up hard compacted infields, and helps do out moil; iR,`ield days Kaifs are 6" long and 4" apan aRd each ton is offset to produce e\"er. snrfication. Simp[y add :veig!It to increase dept;;. Optional e. heel ki; allo\vs }ou to ad°.a; tr.e drag depth and raises for ton;n~ A:! stet, cons[rucuor. 3' x i' Vail Drag =0195G.•'S; ihs 5315.00 3• ~ >~ nail Draq =019>' I1~ :.,. ~C"heel lit =01955 '_i ~h5 i F r; 3; .4 I: e a 5-i-i~.00 -. G 5195.00 =( ~ •-- s 3~ c r FEexible Steel Dra ~ d ~ can be custom 9 Mats made to your specifications! ,dote: Custo,n Draos and S'x G'Drags are ,1'on-rektrnab[e. ~ ~ Cutting & Leveling Drag Drsincd For sint;>ic and cfficier.t c:actCcnance of ball diamrvtd in.`ielck 1~he drag fc:uurus j dil;~c:cn; ~'rorntung it llid Cti. it'L i'lUh. J101lC aqd (lCt»'!.i tut oral card dcell n rrrtuutrn ~r (t ~i~~ 4 cGu~ nr ~,~. ac h .Ides [n dc: ~~; curt n, c!c~),`i .~s [!,~ dr t,. Page, o ~ I i,it undid;itiun~ the Cut a ill he ~I,a\cd turd stored anal a line area i, found, le:n'ing a smooth Ieccl surface. (r. the crate rc•nti,rul ntodr. place the \\'ire mesh basket to the rear, adjust the middle blade to a fight curing position, and place a 6'\ti' x 87. chain Imk mat attached to a timber in Front of the drag. - '_~ - - •~ ~- // 4 a-~ \ou pas< o\er ;hc stor.~,, the chain !tn~ mat ll'lll !00>et: ChC fOCriS. [ItC b:.tdes mill bounce Cnc^? ir.:o t'te basket ac:! the basket n-ill r,t~ t!u sR?a!i p::r!- C'I~. [!?fnUgh. C:C; 1150 bC USed Or. Rt ri a c.as h\ put' ~ ~,c b ,des up and the h '~e: turn tr,+ h, for thrill' ta~rvu~ t+urtcc' mo'fr, sim- ft:~~ adjust tLr bl;td~~ fir li;ht cuuin to accunnilate diet to \\cxk \cidt ane: pLtee tl~,c chain link mat be!tind the drtg for the finished look. Overall size 6 \~" s 4'.h'L ~~'ote: Cbain tDrk ntat tuifh ti»rGer trot included. Replacentertt parts nraitabfe. "91418.22016s. S850.00 ;tr (1 ~ tt d0 ,lii be. ~: ~R .~\.i• [~ c ,,~. ?t' art ~.\ iC f)} 1 13' =UI 19 =0; 13 =U1 =~01 2~i rod °G Ac fns =Ol Order T '~ ~---~~_-_~.~ 800~264~4518 AGENDA REQUEST ITEM NO. C-~'~j DATE: 6-25-01 REGULAR [] PUBLIC HEARING [ ] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh, Director SUBMITTED BY(DEPT): Parks and Recreation SUBJECT: Resolution No. 01-156/Amending the Eees and Policies for the Savannas Recreation Area. BACKGROUND: In July 2000, the Board approved Resolution No. 00-152, freezing the fees at the Savannas Recreation Area until such time as staff could recommend new ones. Over the past year, staff has met in small groups and gathered information on camping facilities from south Florida, the state parks systems and the national parks. Based on this data and a review of local considerations, the attached resolution recommends changes to some of the camping fees, the canoe rental fees and some of the policies concerning reservations, group camping and minimum and maximum lengths of stay. Exhibit A provides detailed explanations for each change proposed. As proposed, fees increases have been recommended for unimproved tent sites and canoe rentals. The tent site increase is proposed because the current ones were lower than those at other camp facilities. The canoe rental fees were not changed in either 1996 or 1998 when other fees were increased. They were significantly lower than rentals at other parks. The proposed increase is still at the low end of the range. FUNDS AVAILABLE: N/A PREVIOUS ACTION: Resolution No. 00-152, freezing the camping fees, approved in July 2000. RECOMMENDATION: Staff requests approval of Resolution No. 01-156 amending the fees and policies for the Savannas Recreation Area. COMMISSION ACTION: [ X] APPROVED [ ] DENIED [ J OTHER: Review and Aovrovals Douc~l M. Anderson Count Administrator County Attorney Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicablel_ RESOLUTION NO. 01-156 A RESOLUTION AMENDING THE CURRENT FEES AND POLICIES FOR THE SAVANNAS RECREATION AREA IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The County owns and operates the Savannas Recreation Area, hereinafter referred to as the "Facility". 2. The County changes various fees for the equipment, rental and use of the Facility as needed. 3.On July 11, 2000, the Board adopted Resolution No. 00-152 which froze the fees for the Facility until a revised rate structure was recommended to the Board of County Commissioners and adopted accordingly. 4. In order to attract more visitors to the Facility, the Board has determined that certain changes to the current fees and policies are warranted. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Current Fees and Policies for the Savannas Recreation Area are hereby amended as described and attached hereto and incorporated herein as Exhibit "A". 2. The Proposed Fees and Policies shall become effective on August 1, 2001. 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 25`h day of June, 2001. ATTEST: DEPUTY CLERK ~../ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ~ EXI-IIBIT "A" ~ SAVANNAS RECREATION AREA PROPOSED FEES AND POLICIES EFFECTIVE AUGUST 1, 2001 Issue: Current Proposed Comments Unimproved sites (Resident/Non-res.) (Resident/Non-res.) $8.00/$11.75 $10.00/$13.00 Improved sites: (Resident/Non-res.) (Resident/Non-res.) Water & Electric sites $16/$18 No change Water, Electric, Sewer $18/$20 No change Number of campers 6 4 Revised to follow state allowed for base fee policies Additional charge per $1.00 $2.00 adult Revised to follow state camper $1.00 under 18 years policies more closely Canoe Rental $3/hr., $8/4 hrs., $12/8 hrs. $4/hr.,$10/4 hrs.,$15/day Current fees are significantly tower than other facilities. Minimum/maximum No minimum/14 days Tents- No minimum/14 days maximum, No change in tent policy. length of stay maximum, must be gone for must be gone for 3 days before returning Other policies felt to be too 3 days before returning RV's- No minimunt/Two month maximum, restrictive. extensions on a case by case basis as approved by the Recreation Manager Discounts None RV's--May-October, 10 % for daily and Revised to follow state weekly, 30% for monthly stays. policies more closely Group Campers receive 10% plus one free site for a reservation of 10 sites. Actual discount is 18%. Group campers Groups restricted to one Groups may reserve a block of sites either Current policy felt to be area in campground. unimproved or improved or a combination. restrictive Discounts as stated above. Length of stay 30 days. Reservations Reservations no sooner than No limit on how far in advance reservations Current policy felt to be 60 days in advance, no less can be made, must be confirmed and restrictive than 7 days. Two day deposits received within one week of minimum/? day maximum. arrival. Deposits are refunded if notice of cancellation is received a minimum of 14 days prior to arrival. Minimum/maximum stays revised as stated above Golf ball disclaimer No statement made The County assumes no liability for damages resulting from golf balls straying from the Gator Trace Golf course Palm Island rental fees $50 flat fee $50 for 4 hours, $100 per day. All other Fees changed to be consistent expenses passed on to renter. with rental of other Parks and Recreation pavilions. Palm Island insurance Performance Bond or $1 million general liability Rates to conform to all other requirements Certified Check in the $2 million total county facility requirements, minimum amount of Discounted rates available to non-profit per the Risk Manager. $50,000 groups Y AGENDA RE VEST ~.d' ITEM NO. C- ~~~ DATE: 6-25-01 REGULAR I] PUBLIC HEARING [ ] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh, Director SUBMITTED BY (DEPT): Parks and Recreation SUBJECT: Resolution No. 01-151/St. Lucie County Marine Center BACKGROUND: Staff has been discussing the naming of the building which will house the Smithsonian Marine Ecosystems Exhibit with Smithsonian personnel and is ready to present it for approval by the Board. The name of the building will officially be the "St. Lucie County Marine Center". According to the contract with the Smithsonian, the building itself is the responsibility of St. Lucie County and must be referred as such. Other signage and publicity can mention the Exhibit. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff requests approval of Resolution No. 01-151, naming the building that will house the Smithsonian Marine Ecosystems Exhibit, the "St. Lucie County Marine Center". COMMISSION ACTION: [ X ] APPROVED [ ] DENIED• [ ] OTHER: M. Anderson Administrator Review and Approvals Covnty Attorne Management & Budget Originating Dept. (' ~ ~ Other: Purchasing: Other: Finance: (Check for Copy only, if applicable)_ l ' , RESOLUTION NO. Oi-151 A RESOLUTION NAMING THE BUILDING LOCATED AT SOUTH CAUSEWAY ISLAND PARK AND ADJACENT TO THE ST. LUCIE COUNTY HISTORICAL MUSEUM IN FORT PIERCE, FLORIDA AS THE "ST. LUCIE COUNTY MARINE CENTER" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On November 8, 2000, the Board of County Commissioners approved the agreement between the Smithsonian Institution and St. Lucie County. 2. In the Agreement, the County was required to construct and furnish a building of approximately three thousand three hundred forty (3,340) square feet to house the Smithsonian Marine Ecosystems Exhibit, additional exhibit space, an educational classroom, gift shop, office space and restrooms at no cost to the Smithsonian. 3. The Smithsonian's Marine Ecosystems Exhibit is a model of a living Caribbean coral reef ecosystem, was developed by Smithsonian scientists through years of research and field work, and was displayed at the Smithsonian's National Museum of Natural History for approximately twenty (20) years. 4. This Exhibit, contained in approximately two thousand (2,000) gallons of sea water, consists of a living coral reef with hundreds of plant and animal species, including various fish and invertebrates, interacting with each other and their environment. To maintain the delicate reef- building corals, the model ecosystem includes intense simulated sunlight and a wave generator. Also included in the Exhibit is a smaller lagoonal ecosystem of approximately twelve (12) square feet of well-established sea grasses growing in nine (9) inches of substrate, with associated fauna. w Y 5. The objective of the Exhibit is to promote public understanding of the nature and importance ofmarine ecosystems, to encourage a conservation ethic regarding marine environments, and to serve as an education resource for St. Lucie County and the broader community of Floridians. 6. This Board believes the name of the building should be the "St. Lucie County Marine Center", as the Center is located at South Causeway Island Park and adj acent to the St. Lucie County Historical Museum in Fort Pierce, Florida, and is dedicated to promoting public understanding and education of marine ecosystems and conserving marine environments. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby name the building located at South Causeway Island Park and adjacent to the St. Lucie County Historical Museum in Fort Pierce, Florida, as the "St. Lucie County Marine Center" in St. Lucie County, Florida. 2. The County Administrator is hereby directed to notify the proper utilities, the U. S. Postal Service, the Property Appraiser, the Supervisor of Elections, the Sheriff of St. Lucie County, the Road Department, the Acquisition Division of the County Attorney's Office and any other departments needed to make the necessary changes accordingly. 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 Bames XX Commissioner John D. Bruhn XX PASSED AND DULY ADOPTED this 25"' day of June, 2001. y 'err ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS COUNTY ATTORNEY ITEM NO. CONSENT C -3 DATE: June 25,2001 REGULAR [ ] AGENDA REQUEST PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Public Safety PRESENTED BY: Jack Southard William Blazak SUBJECT: Purchase of a Spectrum Model 200DSEJ Generator and enclosure for the Emergency Operations Center from Florida Detroit Diesel-Allison. The housing total is $5,000.00. The generator cost is $25,250.00. The total is $30,250.00 FUNDS AVAIL: Emergency Management(EMPA Grant) 001259-2510-564000-200 911 Communications (Wireless Fund) 107001-2120-564000-200 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board waive the standard bid process and declare an emergency for the purchase of a Spectrum Model 200DSEJ Generator and enclosure for the Emergency Operations Center from Florida Detroit Diesel- Allison for a total amount of $30,250.00. Staff further requests that the Board approve equipment requests EQ-O1-268,EQ-O1-269 and Budget Amendment BA 01-159. COMMISSION ACTION: (X ] APPROVED [ ] DENIED [ ] OTHER: Coordination S. natures f ~ i County Attorney:X .f /h Mgt. & Budget: '' Originating Dept~`7C, Other: Finance DirectorjFC c for Copy only, if applicable) ~ aerson Administratofr Purchasing Other: Eff. 5/96 ~~~l~5~~~77~~5 y ' _ ®E~~~T~E~1T WILLIAM [3LAZAK DIRECTOR MEMORANDUM T0: Board of County Commissioners FROM: Jack Southard, Public Safety Manager William Blazak, Utility Director DATE: June 25, 2001 RE: Generator and Enclosure for EOC / 911 Center BACKGROUND: The existing generator that supplies emergency power for the EOC / 911 Center is a 1984 Onan with over 16,000 hours of accumulated run time. Over the past few months the generator has experienced numerous major failures that have put the generator out of service from time to time. Most recently a small part in the generating portion of the unit failed and was unable to be repaired in a timely manner. Because of the necessity for emergency power at the EOC / 911 center the Utility Department supplied a back up generator until the parts could be obtained and the repair properly completed. The parts have taken four weeks to arrive from the factory and as a result the utility generator has been left in place as a back up. The existing generator has been repaired and is properly functioning but given the problems that have occurred over the past few months and the inability for the factory to supply critical parts a newer replacement generator is warranted. The generator that staff is recommending to purchase is a Spectrum Mode1200 DSEJ supplied by Florida Detroit Diesel-Allison with a ship time of 7 to 10 days. The parts and service requirements for the generator can be met through a local vendor. It is the intent to install the new generator as the primary source of emergency power at the EOC. The existing generator will be moved to a concrete pad adjacent the primary generator power and utilized as a back up generator providing reliability and redundancy to the emergency power source for EOC / 911. The replacement generator will be wired into the automatic switchgear and the existing generator will have the ability to be connected to the system via a large cord and plug, should the primary source fail for any reason. RECOMMENDATION: Staff recommends that the Board waive the standard bid process and declare an emergency for the purchase of a Spectrum Mode1200DSEJ Generator and enclosure for the Emergency Operations Center from Florida Detroit Diesel-Allison for a total amount of $30,250.00. Staff further requests that the Board approve equipment requests EQ-O1-268,EQ-O1-269 and Budget Amendment BA 01-159. JOHN D. [3RUHN, District No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. ~ FRANNIE HUTCHINSON, District No. 4 CLIFF 6ARNE5, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982 • Phone (561) 462-1 150 FAX (561) 462-1 153 JL'N-21-c~'F1 fl9:37 FRCM:~!_fl DETROIT DEISEL 954-327-4483 T0:561 452 1153 'r/ ~~~~~ ~~ ~~~~~~~ ~ A~~~ 414'1 S.W. 3D Ave. Fort Lauderdale, FL 33312 Pt#Gid~ (954) 327-4484 F~k% (964) 327-4483-, June 21, ZG01 Mr M/i+liartr8lazak,~Diresto~. St. Lucie County Utilities Department SUBJECT:'200 Kblt Oernerat~, Dear Sir, QUOTE # 0106032 bile are ptea~se~t b qu9te• you the• f>;yltowirtg e~ipmer3t acrd sefvl~s~ One (1) SPECTRUM model 200DSEJ diesel engine driven generator set rated 200 KWf2501411A sta+~dfa~ aR U. ~ power €aetor: 120/208-volts: 3 phase; 4u~irp~ 60 hertz at 1800 RPM. The complete package includes: JOlfN-Dt~Ft taea;y~-duty diesel-erag,ne~ Mechanical +/- 3-5% engine speed governor SFECTRi1M-raodel4U~~geReratoc, 12 lead; with PMCL • Unit mounted radiator for 105 degree F ambient temperature •- t.ow eoalaet level sl3utdew~ • Normal duty air cleaner • NSA ?40 level 4 ante-start Cont~Olter, 1 & ligt~ • Safeguard breaker • Bloek heateF tt0~t20~volts;159~watts~ • 500 amp, 3 pole main line circuit breaker Fle~cibt6frlekF~aes-, supply-andretuuy • Silencer mounting kit, tail pipe and rein cap • Critical e*haus~ sileaEe~ • Starting batteries •- Battery rael~ and eables~ • Battery charger (loose) • Faetor~r 0.8 RF test\ • Initial fill of tube oil and anti freeze (1} seti`of operatiarxax~~taintenarice~arwals~ • SPECTRUM standard one year 2000 hour warranty- • Star# up and bcsiMiag- loacktes[ tsy fact0~jc trained-techrziaaa=- . P.8©1~E02 SUN-21-P.0~.1 09:37 FROM:FLA DETROIT DEISEL 954-327-4483 T0: 561 462 1153 ''al/~ Jarrell; cQ01 QUOTE # 0106032 Sut~eEt: ~b0 #C~U ~necatn[, Page 2 l~£Jtl~DE3S't•: F-O~,IOBS~TEE €yc~~+ztaad} ..................... $;25,250.4Q OPTIONS: • 1~V8&tlleKpFOCt>= hOtlSiriy\ ~ 50 gatlorFday-ta~cwitkt~rapturebasirr, t2akalacrn, trseLleuel~}auger2GPlitLWlmp ~,o~ao Taxes are not included in the price QUVte iReludes-Qnty iterr-stisted-af DELIVERY: stock-1 week (day tank 3- weeks) TERiviS: Nat 3U pendiFr9 aPPr VALIDITY: Prices valid 60 Days P.002~002 Best-Regards, Hassan Entezari GeneratorS,aies m z 1~ N m r~~ z c ...... 3 R1 ~ T .. 1 N N 0 ~ - C ::- .. ~ - O N 'n i- m ~ ~ ,O ; ~' D ' m ~ Y' r ~w~ ~ ~ ~ ..^^ W Z . r ; ~~ ~ . ' ~ f p ~ ~ ~ ~,, c t ' d ro . °o o ~ S ~ t H i . ~ c _ . M .. C Z n ~~ ~ h ~ ~ L=J ~y s ~ . S cn (/~ ~ .. ~ ~ L 4 _ i Cr •~ ' ~ Cd 3 '' lam! h -I x ~ ~ C ~ ~ y ~ ~ ~ ~ ~ = ~. ~, ~:. . 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CCcO E p TO: 001259-2510-564000-200 MACHINERY 8 EQUIPMENT $25, 250.00 FROM:001259-2510-563000-200 Im rovements O!T Buildin s X25, 250.00 REASON FOR BUDGET AMENDMENT: TO PURCHASE A /y GENERATOR FOR ABACK-UP AT THE EOC CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: N1A l ! '~ ~ DEPARTMENT APPROVAL: '• ~.~ 7.'(',~C .'~ l ~-~,)'.- ~ f OMB APPROVAL: BUDGET AMENDMENT #: 01-159 DOCUMENT # & INPUT BY: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C-4~k DATE: June 25, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY(DEPT): Public Works S. Ann Smith SUBJECT: Manatee Protection Plan -Amendment to FWC Contract No.00166. BACKGROUND: On November 28, 2000, the Board entered into contract with the Florida Fish and Wildlife Conservation Commission for the creation of a County Manatee Protection Plan. However, due to delays with the related Boat Facility Siting Plan, which in turn is holding up the completion of the MPP, the contract termination date, as well as, report due dates must be revised. The awarded grant amount to complete the Plan remains the same. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the amendment to the contract with Florida Fish and Wildlife Conservation Commission, as reviewed and approved by the County Attorney's office, and authorize the Chairman to execute. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TTD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. COMMISSION ACTION: [ ~ APPROVED [ ]DENIED [ ]OTHER: s istrator Review and Approvals County Attorney: ~ ~ Management & Budget ~ Purchasing Originating Dept: ~ Other: Other: Finance: (Check for Copy only, if applicable) Eff.5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: S. Ann Smith, Ecosystems Manager DATE: June 18, 2001 SUBJECT: Manatee Protection Plan -Amendment To FWC Contract No.00166. BACKGROUND On November 28, 2000, the Board entered into contract with the Florida Fish and Wildlife Conservation Commission forthe creation of a County Manatee Protection Plan. However, due to delays with the related Boat Facility Siting Plan, which in turn is holding up the completion of the MPP, the contract termination date, as well as report due dates must be revised. The awarded grant amount to complete the Plan remains the same. RECOMMENDATIONlCONCLUSION Staff recommends that the Board approve the amendment to the contract with Florida Fish and Wildlife Conservation Commission, as reviewed and approved by the County Attorney's office, and authorize the Chairman to execute. Respectfully submitted, --~- ~~ S. An Smith Ecosy ems Manager Attachment: FWC Contract Amendment err INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Anna Smith, Ecosystems Manager FROM: Heather Young, Assistant County Attorney '1~ C.A. NO: 01-858 DATE: June 11, 2001 SUBJECT: St. Lucie County Manatee Protection Plan -Amendment to FWC Contract 00166 Attached please find the above-referenced amendment which I have approved as to form and correctness. Please proceed to agenda the amendment for Board approval. If you need anything further, please do not hesitate to contact me. Attachments HY/ "r,' a ~.~.~.~. Jt~'~ 1 ~ 2001 s ..c a oovwrv ~„e. 8 61MOOS '`r.° FWC Contract No. 00166 AMENDMENT TO CONTRACT THIS CONTRACT AMENDMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ("COMMISSION") and the St. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY"), and amends the contract entered into between the COMMISSION and the COUNTY dated November 28. 2000, and hereinafter referred to as the "ORIGINAL CONTRACT". IN CONSIDERATION of the mutual covenants and conditions set forth herein and in the ORIGINAL CONTRACT, the parties agree to amend the ORIGINAL CONTRACT as follows, which amendments shall govern to the exclusion of any provision of the ORIGINAL CONTRACT to the contrary: 1. The CONTRACT is hereby extended to terminate on December 1.2001, unless terminated sooner pursuant to the terms of the ORIGINAL CONTRACT or by mutual written consent of the parties. 2. No funds in addition to those provided for in the ORIGINAL CONTRACT are authorized or allocated for the term of this extension. 3. Attachment A of the ORIGINAL CONTRACT is hereby amended to revise the schedule of reports and invoices to read as follows: Reports, Review. Invoicing, and Payment and Schedule First Report Summarizing Task 1 & 3 Second Report Summarizing Task 2, 4, & 5 Draft Final Report including Task 6: Final Report: Final Invoice Due Date: Due February 1, 2001 Due June 30, 2001 Due July 24, 2001 Due August 30, 2001 December 10, 2001 All provisions of the ORIGINAL CONTRACT not specifically amended herein shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 'err IN WITNESS WHEREOF, the parties have executed this AMENDMENT TO CONTRACT on the date and year last written below. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION By: Chairman's Signature Date: Attest: Deputy Clerk St. Lucie County Board of County Commissioners Approved as to form and legality: Bv:1 ~~ County Attor y By: Allan J. Egbert, Executive Director Date: Approved as to form and legality: By: mmission Atto y FWC Contract No. 00166 AMENDMENT TO CONTRACT THIS CONTRACT AMENDMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ("COMMISSION") and the St. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY"), and amends the contract entered into between the COMMISSION and the COUNTY dated November 28, 2000, and hereinafter referred to as the "ORIGINAL CONTRACT'. IN CONSIDERATION of the mutual covenants and conditions set forth herein and in the ORIGINAL CONTRACT, the parties agree to amend the ORIGINAL CONTRACT as follows, which amendments shall govern to the exclusion of any provision of the ORIGINAL CONTRACT to the contrary: 1. The CONTRACT is hereby extended to terminate on December 1, 2001, unless terminated sooner pursuant to the terms of the ORIGINAL CONTRACT or by mutual written consent of the parties. 2. No funds in addition to those provided for in the ORIGINAL CONTRACT are authorized or allocated for the term of this extension. 3. Attachment A of the ORIGINAL CONTRACT is hereby amended to revise the schedule of reports and invoices to read as follows: Reports. Review, Invoicing, and Payment and Schedule First Report Summarizing Task 1 & 3 Second Report Summarizing Task 2, 4, & 5 Draft Final Report including Task 6: Final Report: Final Invoice Due Date: Due February 1, 2001 Due June 30, 2001 Due July 24, 2001 Due August 30, 2001 December 10, 2001 All provisions of the ORIGINAL CONTRACT not specifically amended herein shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the parties have executed this AMENDMENT TO CONTRACT on the date and year last written below. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION By: Chairman's Signature Date: Attest: Deputy Clerk St. Lucie County Board of County Commissioners Approved as to form and legality: ~~. County Attorney By: Allan J. Egbert, Executive Director Date: Approved as to form and legality: By: ommission Attorn `_~ _ AGENDA REQUEST ~JO\6 CpGy 1 ~ ~ jO~ OR10P TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 ITEM NO. C-4B DATE: June 25, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ~~.g~~ Donald B. West, P.E. County Engineer SUBJECT: Platt's Creek Water Quality Improvement Project -EPA Section 319 Grant Application Submittal BACKGROUND: In 1999, the County was awarded $1,000,000 by the St. Lucie River Issues Team for the purchase of a 102 acre citrus grove adjacent to Platt's Creek on the North Fork of the St. Lucie River. The County matched this amount with $70,000 for a purchase price of $1,070,000. The land was purchased to restore 86 acres to its natural historical condition and create a Mitigation Bank. The remaining 16 acres will be used to build a stormwater retention pond forthe Platt's Creek drainage basin. The drainage basin is approximately 1,000 acres and there is currently no treatment provided forthe stormwater runoffwhich discharges directly to the North Fork. In December, 1999, the BOCC entered into an engineering design contract with Hazen and Sawyer to prepare design plans for both the Mitigation Bank and the stormwater retention pond. The design is approximately 90% complete. Following the permitting process, construction could begin in the Spring of 2002. In January, 2000, the County applied for funding through the St. Lucie River Issues Team for the construction of the stormwater retention pond and was awarded $760,180, which was 50% of the estimated $1,520,360 cost of the project at that time (excluding land). The County committed to a 50% match in the amount of $760,180 over two fiscal years. Of this amount, $190,360 was already in the County's budget for engineering design. This left $569,820 to be budgeted over two fiscal years, or $284,910 per year. In Fiscal Year 00-01, $285,000 was budgeted. Since then, the construction cost estimate has been increased by $94,640 for a total project cost of $1,615,000. An additional $380,000 will need to be budgeted to complete construction. Staff will be requesting $300,000 in the Fiscal Year 01-02 stormwater budget to meet the County's match commitment, and an additional $80,000 in the Fiscal Year 02-03 stormwater budget. Staff is also requesting permission to submit an EPA Section 319 Grant Application for a funding request of $380,000 as well. In the event the County is awarded grant funds, the County's budgeted money could be reassigned to other stormwater related projects. A 40% funding match is required for the grant applicant. Matching funds can include other non-federal grant funds and the cost of the land acquisition. Including the funding from the St. Lucie River Issues Team and the pro-rated cost of the 16 acres of land, the County has already met an approximate 80% match. 'virl FUNDS AVAIL.: The contract with the FDEP to administer the St. Lucie River Issues Team funding is still being processed. Funds for the County's first year match commitment are available in account #102001-3725- 563000-3112 (Drainage Maintenance MSTU) PREVIOUS ACTION: - September 22, 1998, the BOCC entered into an engineering contract with Hazen and Sawyer to prepare a conceptual plan for the Mitigation Bank and stormwater retention pond in the amount of $6,630 - December 14, 1999, the BOCC entered into an engineering contract with Hazen and Sawyer to prepare final design plans for the Mitigation Bank and stormwater retention pond in the amount of $156,500 RECOMMENDATION: Staff is requesting authorization to submit an EPA Section 319 Grant Application for $380,000 for the Platt's Creek Water Quality Improvement Project ,and authorization for signature by the Chairman. COMMISSION ACTION: [~] APPROVED [ ]DENIED [ ]OTHER: D~ Co ~ . [X]County Attorney [X]Originating Dept. Public Works C oo rd i nationlS ig natures [X]Mgt. & Budget [X]Co. Eng s Anderson Administrator [ ]Comm. Dev. [X]Budget Coord. ~R11 [ ]Finance (check for copy only, if applicable) ~ ,:: k C 0 U e X 0 v Q ^ O a w r^ tl r °e c W Y E e 0 W a h O P U ~O 0 ~ y~-~ T L~ !~ O r~/w1 V T~ • !~ U c~i O +-- N N v 1 n L~ r.+.. J~~s coG AGENDA REQUEST ~~ y< ~. ~ 'c~ OR1~P TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 ~' ITEM NO. C-4C DATE: June 25, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: ~ Donald B. We t, P.E. County Engineer SUBJECT: Authorize the Engineering Division to submit an EPA Section 319 Nonpoint Source Management Program grant application to Florida Department of Environmental Protection for funds to assist in the Indian River Estates/Savannas Ecosystem Management Project. BACKGROUND: Since 1995, Engineering staff has been working to design a stormwater management system for the 1200 acre Indian River Estates subdivision. The extreme flooding that occurred in 1995 and 1997 resulted in a recognition that the existing drainage system is insufficient. The flooding that occurs in the neighborhood lasts for weeks because the adjacent Savannas water levels rise too high. The flood water in the neighborhood has no place to go because the existing drainage system outfalls directly to the Savannas State Reserve. Indian River Estates subdivision was designed in the late 1950's, prior to criteria being established for treatment and storage of stormwater runoff. In 1997, the local FDEP office documented the impacts that were occurring to the Savannas Preserve because of the untreated stormwater runoff coming out of Indian River Estates. The entire subdivision (3600 lots) contains septic tank drainfields for sewage disposal. The slightest amount of nutrient loading in the stormwater runoff causes a large impact to the Savannas ecosystem. At the request of the County, the Savannas Task Force was created to address these problems. The Task Force is comprised of representatives from the various regulatory agencies, including officials representing the Savannas State Reserve and Federal agencies. The goal of the Savannas Task Force was to reach a consensus on the design of a stormwater management system for Indian River Estates and to facilitate permitting of the project. To date, the conceptual design and final construction plans have been completed for the project. We are ready to submit for permit approvals. Currently, we are finalizing the land acquisiton issues and pursuing funding for contstruction of the project. We anticipate that we could be ready to advertise the project for construction by October, 2002, pending available funding. Based upon final design plans, the estimated cost for construction of the project is $5.5 million dollars. Several agencies have partnered with the County to fund the design work as listed below: C-4C Page 2 Desian Costs: St. Lucie County $259,700 SFWMD $100,000 SJRWMD/NEP 95 000 Total $454,700 SFWMD, FDEP and SJRWMD/NEP have expressed a desire to contribute towards funding ofthe project construction. The County intends to provide matching funds using the Stormwater MSTU and the State Revolving Loan Fund as a source of money. The grant application is for the EPA 319 Nonpoint Source Management Program administered through FDEP in Tallahassee. The grant request is in the amount of $600,000, the maximum amount that can be granted through the program. Our goal is to submit an additional Section 319 Grant application next year. If funded, the grant award will occur between April and August 2002, and the project construction could begin between July and November of 2002. This would provide a total grant contribution of $1.2 million through FDEP/Section 319. The Engineering Division has already met the matching funds requirement due to the value of the land and the funds previously expended for engineering costs. FUNDS AVAIL.: n/a PREVIOUS ACTION: July 8, 1997, the BOCC entered into an agreement with Hazen and Sawyer for preliminary engineering design in the amount of $118,500. December 15, 1998, the BOCC entered into an agreement with Hazen and Sawyer for a portion of the engineering design in the amount of $73,000. The remaining $152,00 to complete the design and permitting ($225,000 total) was to be authorized at a later date when the full grant funds were secured. (These grant funds were obtained in 2000.) August 24, 1999, the BOCC entered into an agreement with Hazen and Sawyerto develop a conceptual plan for the alternate stormwater retention site (Savannas Recreation Area) in the amount of $11,500. October 17, 2000, the BOCC approved amendment to work authorization with Hazen and Sawyer for Phases III and IV of the Savannas Ecosystem Management Project in the amount of $242,200 and approval of the project budget. ~' t r r 1 H~~~~:~v S.a«~~.~ Enviranman~sl EoOinsers J Sci enllcls Exhibit 1 Savannas Task Force Savannas Ecosystem Restoration Project Storm Sewer/Force Main with County Park Storage Area Savannas reserve rava end. b runoff g Y Study faults nearby neighborhoods By Yvette C. Hammett of the News staff Nobody worried about stormwater pollution when ditches were dug to keep water out of the houses and off the streets of Indian River Estates. Nobody worried about the nutrient-laden runoff coming from the Savanna Club mobile home park or east Port St: Lu- cie, pouring into the Savannas State Reserve. A new study says it's time [o worry. Stormwater coming out of these neighborhoods -filled with lawn fertilizers and road grime - is changing the face of the reserve. The 5,000-acre mo- saic of pine tlatwoods, wetlands and scrub lands lies east of U.S. 1 between Jensen Beach Boule- vard and Midway Road. Scientists say the pollution should be stopped, but that might prove difficult because of a lack of money to build more sophisticated drainage systems and because of the time it would take to study the issue even more. Polluted runoff infiltrating the reserve's borders is filled with nitrogen from fertilizers, used oil and antifreeze from driveways and roads and just about anything else people put on their lawns or spill from their cars. That runoff is changing the plant and animal life in the re- serve, scientists say. -Thick cattails and invasive willows have taken over in the areas where drainage ditches meet wetlands. The heavy nu- trients are allowing more pol- lution-tolerant . invertebrates, such as snails and some micro- scopic creatures, to become more prominent,. affecting the entire food chain, said J.B. Miller, regional biologist for the Florida Park Service. "The problem will do noth- ing but get larger as the area grows," Miller said. "A lot of what is happening in the Savannas happened over the years. These (drainage ditches) were put in place when we didn't care about stormwa- Please see SAVANNAS A3 ~, SUNbAY It1AY Z3, 1 ~y~ Pnotograpner: SUSAN COHEN Bob Przekop, law enforcement officer for the Savannas State Park, worries about the detrimental effect of stormwa- ter runoff in the Savannas. Standing behind Przekop is John Mann. SAVANNAS ^ CONTINUEC FROM Al ter." Indian River Estates is the worst offender, with canals simply dumping neighborhood runoff straight into the Savannas, the report said. Savanna Club is a little better because it has some filtering. East Port St. Lucie is probably the least of- fensive, with an extensive reservoir and a set of small dams to help filter the water before it reaches the wetlands. The solution is to reduce the amount of stormwater ~ going into the Savannas "to the greatest extent possible," say Gregory A. Graves and Douglas G. Strom, sciemists at the Florida Department of Environmental Protec- tion who wrote the study. At the very least, the water must be cleaned up, Miller satd. But finding the money to do that might be a problem. "This study is like a peephole into the prob- lem," Miller said. "It probably raises more questions than it answers." F.ecause 5,000 acres of the Savannas is pub- licly owned, it is reasonable to spend more tax- payer dollars to clean it up, he said. The DEP is applying for a grant from the Florida Department of Community Affairs to make an in-depth assessment of the effects of stormwater discharge in the reserve. Miller said he hopes to convince the South Florida Water Management District to do a computer model showing where the water comes from that ends up in the Savannas. Once state officials know where the water is coming from, they can concentrate on ways to alter the flood control system, lessening its im- pact on the fragile Savannas ecosystem, Miller says. But that takes :Honey, and nobody is volun- teering to foot the bill. "[ just lost the 5-cent gas tax for road im- provements and we are trying to promote drainage improvements, but with great diffi- culty," said Ron Brown, St. Lurie County's public works .director. "I have no mone}• at all allocated for drainage, but I'm working on it." The County Commission recently opted not to consider a 5-cent gas tax that would have been used for road improvements. The water management district has money, but it must be matched. Brown said the county has no money for that. The key to i ~Iving problems such as this, Ite said, is gettir,~ the backing of county resi- dents. "Obviously, people don't care. Until citi- zens get concerned, there won't be anything done." The ultimate answer probably is to build a svstem behind [ndiah River Estates and the Sa- vanna Ctub such as the one in east Port St. Lu- cie. Miller said. A reservoir and long canal with small dams to filter the water as it approaches the Savan- nas, off Green River Parkway, were built to serve east Port St. Lucie. The project is consid- ered well-engineered. "It's cheap and it has no moving parts ex- cept for a pump;' said John Gonzales, deputy director of public works in Port St. Lucie. "By the time the water gets to the Savannas, it has been settled out numerous times." Miller concedes that the county must put the storniwater somewhere. [n Indian River. Es- tates, water runs into six ditches between Mid- way Road and Easy Street, dumping directly into the Savannas. Where those canals end. he said, the trouble beeins. ``.~ o~~~~~p~,eRQiEfiION ~.:.. , ~~ f 4~ 'F : - ;. ~ ~ F ; .~ °;:. a F~a~~ 0 .:~ Stormwater ~nlpact on tie Savannas State lZeserve St. Lucie and Martin Counties, Florida Florida Department of Environmental Prtotection Southeast District Ambient Monitoring Program April, 1997 Gregory A. Graves Douglas G. Strom Bill E. Robson „O ATMOPPM.. A report of the Florida Departrnent of Community Affairs, Florida Coastal Management Program, pursuant to National Oceanic and Atmospheric Administration Award No. 96-CZ-15-13-00-16-030. The views expressed herein are those of the authors and do not necessarily reflect the views of the State of Florida, NOAA or any of its subagencies. April, 1997. Cower courtesy of SoutF. Florida Water N.anagement District. Executive Summary The Savannas State Reserve is dominated by an oligotrophic, freshwater marsh in eastern St. Lucie and Martin counties, Florida. Background water quality within the Reserve is characteristically low in nutrients, chloride and hardness, and has an acidic pH. This r physico-chemical regime supports an assemblage of aquatic plants and animals adapted to these conditions. Macroinvertebrate and water quality samples were collected during 1995-96 to evaluate the ecological consequences of stormwater discharge into. the.Reserve. _ Two- residential subdivisions in St. Lucie county use the Reserve for stormwater disposal: East Fort St.. -- Lucie (which has an advanced stormwater treatment system)-and Indian -River Estates (an older subdivision with no treatment). Sample collection locations were distributed the length of the Reserve, coinciding with areas near and removed from stormwater inflows. The introduction of stormwater was found to alter the composition and character of the Reserve's water quality and macroinvertebrate community. Key causative water quality ' factors were identified as increased total phosphorus, hardness, and pH, and decreased dissolved oxygen. In response, the macroinvertebrate community exhibited increased numbers of tolerant or opportunistic organisms. Stormwater was also found to transport heavy metals and pesticides into the Reserve. Advanced treatment reduced the extent and nature of stotmwater effects on water quality and macroinvertebrte communities. Effects in the area of the Savannas adjacent to Indian River Estates were more severe than those neaz East Port St. Lucie. The marsh water in this area possessed significantly higher pH, hazdness and total phosphorus, and lower dissolved oxygen than all other locations sampled. Species diversity and number of taxa were highest in this area of the Reserve most severely impacted by stormwater; thus, i the prevailing assumption that increased pollution will always result in a corresponding reduction in these biotic metrices was found to be unsound. Violations of Florida Administrative Codes (FAC) 62-302.530(31), 62-302.530(47), 62- 302.530(48), 62-302.560(19) and 62-302.700(1) were documented. Recommendations of this study include no new stormwater dischazges, retrofitting of the Indian River Estates subdivision, and periodic maintenance of the existing East Port St. Lucie stormwater treatment system. Amulti-agency task force was formed to resolve water quality and quantity issues. rv Recommendations • No new developments should use the Reserve for disposal of stormwater. • The Indian River Estates subdivision should be retrofitted with an appropriate stormwafer treatment system to ameliorate stormwater inputs to the Savannas. • Maintenance of the East Port St. Lucie stormwater treatment system is advised to prevent fi:.:.:;,r proliferation of nuisance vegetation and alteration of aquatic communities. Removal of plant biomass and muck sediments may increase the ability of the treatment system to absorb nutrients and reduce releases of phosphorus to the Reserve. • Harvesting of invasive plants in the areas of the Savannas Reserve mazsh impacted by stormwater could improve water quality. • It is recommended that the con'. ribution of stormwater nutrients to the Savannas from the Sugar Hill development via the Henderson Pond canal be evaluated to assess its affects on the Reserve. • Goals to protect and enhance the Savannas should be evaluated. Restoration goals may include no further degradation of wetlands (no further increase in impact zones) and limitation of discharges of treated stormwater to those quantities deemed natural. Water quality and biological health goals for protection and enhancement should approach those found at background (Reference group) azeas. • Long term monitoring of inflowing and ambient water quality and macroinvertebrate communities should be performed to document restoration efforts. Studies of aquatic plants, periphyton and fish may also be appropriate. • Ditches which were designed to drain the Savannas (Hog Pen and the Savanna Drainage ditches} should be modified to limit back-flows into, and thus impacts to, the reserve. 34 EASY STREET @ PALMETTO DR/VE /ND/AN R/VER ESTATES E_ ASY STREET C~ BAMBOO DR/VE /ND/AN R/VER ESTATES AGENDA REQUEST ITEM NO. C-4d DATE: June 25, 2001 CONSENT [X ] REGULAR [ ] PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Public Works ---~ ~kr1~l~(~ ~Z `~-~~ Sandra Bogan, Superi ~ndent SUBJECT: Resolution to rename the Children's Environmental Museum to the Oxbow Eco-Center, a St. Lucie County Environmental Learning Center. BACKGROUND: The Children's Environmental Museum is located on a 220-acre preserve along the North Fork of the St. Lucie River. While the property contains a mosaic of habitats, one of its finest features is the river itself. The portion of the river the property is situated on borders an old oxbow that was channelized, forming Idabelle Island. Oxbows are twists and turns that result in slow, meandering rivers like the St. Lucie. Naming the facility the Oxbow Eco-Center provides an easy point of conversation with the opportunity to educate people about the St. Lucie River. In addition, while the primary focus of the facility is on educating young people, the Center will be a place for young and old alike, so that by dropping `Children's' from the name, all will feel welcome. FUND3 AVAIL.: PREVIOUS ACTION: RECOt~Il~~+NDATION COMMISSION ACTION• L X] APPROVED I ] OTHER: N/A N/A Staff recommends approval of Resolution 01-150. [ ] DENIED County Attoraey• ~~-+- ~ ~t Originating Dept: - .7 Finance: (copies only): A), n CONCURREN D Anderson unty Administrator _Coordination/Signatures Mgt s Budget: t ) J ~ »; ~; ~ ~A Other: - Other: r, w RESOLUTION NO. 01-150 A RESOLUTION RENAMING THE CHILDREN'S ENVIRONMENTAL MUSEUM, LOCATED AT 5400 N. E. ST. JAMES DRIVE, PORT ST. LUCIE, FLORIDA; TO "OXBOW ECO-CENTER, A ST. LUCIE COUNTY ENVIRONMENTAL LEARNING CENTER" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Children's Environmental Museum, an environmental educational facility located at 5400 N. E. St. James Drive, Port St. Lucie, Florida, held its ribbon cutting ceremony on October 27, 2001. 2. The facility is located on a 220-acre preserve on the North Fork of the St. Lucie River, which was acquired through the St. Lucie County Environmentally Significant Lands program and the South Florida Water Management District Save Our Rivers program 3. While the property contains a mosaic of habitats, one of its finest features is the St. Lucie River itself. 4. The portion of the river along the boundary of the facility is situated at an old oxbow in the river, which was channelized, forming Idabelle Island. Oxbows are twists and turns that occur in slow meandering rivers, like the St. Lucie, resulting in a broader floodplain and providing significant water storage and filtration, and important habitat for birds and other animals. 5. While the primary focus of the facility will be on educating young people by providing family programming and hosting school groups, the Center will be a facility for young and old alike. 6. Naming the facility the Oxbow Eco-Center invites an instant opening to educate people about the St. Lucie River. 7. This Board believes the Children's Environmental Museum should be renamed the "Oxbow Eco-Center, a St. Lucie County Environmental Learning Center", which is dedicated to environmental education programs that foster an awareness and appreciation of the natural world, provide an understanding of ecosystems and sustainability, and instill a sense of stewardship toward Florida and all its inhabitants. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Boazd does hereby rename the Children's Environmental Museum, located at 5400 N. E. St. James Drive, Port St. Lucie, Florida, to the "Oxbow Eco-Center, a St. Lucie County Environmental Learning Center" in St. Lucie County, Florida. 2. The County Administrator is hereby directed to notify the proper utilities, the U. S. Postal Service, the Property Appraiser, the Supervisor of Elections, the Sheriff of St. Lucie County, the Road Department, the Acquisition Division of the County Attorney's Office and any other departments needed to make the necessary changes accordingly. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson XX Vice Chairman Doug Cowazd XX Commissioner Paula A. Lewis XX Commissioner Cliff Barnes XX Commissioner John D. Bruhn XX PASSED AND DULY ADOPTED this 25`" day of June, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS COUNTY ATTORNEY AGENDA REQUEST ~..~ ITEM NO. C-5 DATE: June 25, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] T0: Board of County Commissioners SUBMITTED BY(DEPT):County Attorney PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Economic Development Council of St. Lucie County - Investment/Partnership Fee BACKGROUND: See attached memorandum CA 01-885 FUNDS AVAILABLE: Account No. 001-1900-582000-100 (Aid to Private Organizations) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed contract with the Economic Development Council of St. Lucie County and authorize the chairman to sign the contract upon receipt of the signed originals from the Council. COMMISSION ACTION: [x] APPROVED [ ]DENIED [ ]OTHER: t/~ County Attorney: Originating Dgtigl~Anderson Coun Administrator Review and Approvals Management & Budget: Purchasing: Other: Other: Finance: (Check for Copy only, if applicable): '~,.-y INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 01-885 DATE: June 18, 2001 SUBJECT: Economic Development Council of St. Lucie County - Investment/Partnership Fee BACKGROUND: Attached to this memorandum is a copy of a proposed contract between the County and the Economic Development Council of St. Lucie County which provides for the County to pay the Council anInvestment/Partnership Fee in the amount of one hundred thousand and 00/100 dollars ($100,000.00) for fiscal year 2000-2001. The funds will be used towards the Council's costs in its efforts to facilitate economic development in the County. As set forth in the contract, the Council's activities will include contact with businesses which may relocate to the County as well as support for existing businesses in the County. Funds were included in the 2000-2001 budget for this expenditure. CONCLUSION/REC OMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed contract with the Economic Development Council of St. Lucie County and authorize the chairman to sign the contract upon receipt of the signed originals from the Council. Respectfully submitted, 'lam r~- Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Finance Director Management and Budget Director Economic Development Manager Contracts Coordinator CONTRACT THIS CONTRACT, made this r..~ 2001, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and ECONOMIC DEVELOPMENT COUNCIL OF ST. LUCIE COUNTY, or its successors, executors, administrators, and assigns hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall pay the Council anInvestment/Partnership Fee in the total amount of one hundred thousand and 00/100 dollars ($100,000.00) for the period October 1, 2000 through and including September 30, 2001. The County shall make one lump sum payment to the Council within fifteen (15) days after this contract is executed on behalf of the County. 2. The grant shall be used towards the Council's costs in its efforts to facilitate economic development in St. Lucie County. The goals and objectives forthe Council's economic development efforts in connection with this contract shall include (a) contact with businesses which may relocate to St. Lucie County, and (b) support for existing businesses located in St. Lucie County. On or before December 1, 2001, the Council shall submit a report to the County analyzing its activities to meet such goals and objectives during the period October 1, 2000 through and including September 30, 2001. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to the terms and conditions of this contract, any money not so used shall be reimbursed to the day of 1 County. 5. On or before April 1, 2002, the Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. In the alternative and subject to the prior written approval of the County Management and Budget Director, the Council may submit qualifying paid invoices in lieu of a certified audit. 6. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records ofthe Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Council agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. 8. The Council agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics produced by the Council to facilitate economic development in the St. Lucie County shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. 1;ither party may terminate this contract with or without cause upon thirty (30) days written notice to the other provided however the Council shall reimburse the County for all unencumbered funds or funds expended or encumbered in conflict with Council's application, as of the date of termination notice. 2 "~/ 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: St. Lucie County Administrator Administration Annex, Room 300 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney Administration Annex, Room 306 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 To the Council: Economic Development Council of St. Lucie County. Post Office Box 880143 Port St. Lucie, Florida 34988-0143 12. No amendment, modification or waiver of this Contract shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Contract shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Council agrees to use said forms. 13. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 14. 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. 15. This Contract embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations or agreements, either verbal or written, between the 3 ~.r parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ECONOMIC DEVELOPMENT COUNCIL OF ST. LUCIE COUNTY BY: NAME: TITLE: g:`,atty~agreem nt\contracflecoon.dev.council.wpd 4 1 1 AGENDA REQUEST ITEM NO. ~b DATE: June 25, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners SUBMITTED BY(DEPT):County Attorney PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Teamsters Local Union No. 769 -Proposed Second Amendment to October 1, 1999 Collective Bargaining Agreement BACKGROUND: See attached memorandum CA 01-871 FUNDS AVAILABLE: Funds are included in the proposed budget for fiscal year 2001-2002 for this expenditure. RECOMMENDATION: Staff recommends that the Board approve the proposed second amendment to the collective bazgaining agreement with Teamsters Local Union No. 769, and authorize the chairman to sign the amendment. COMMISSION ACTION: [x] APPROVED [ ]DENIED [ ]OTHER: County Attorney: Originating D6u~i'as Anderson County Administrator Review and Approvals Management &~Budjget:_ ~/'~ Purchasing: other: ~U Other: Finance: (Check for Copy only, if applicable): INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 01-871 DATE: June 13, 2001 SUBJECT: Teamsters Local Union No. 769 -Proposed Second Amendment to October 1, 1999 Collective Bargaining Agreement BACKGROUND: The current collective bargaining agreement between the County and Teamsters Local Union No. 769 provides for the parties to re-open negotiations on Article 18 (Insurance) for the coming yeaz. On June 11, 2001, representatives ofthe County and the Union met to begin negotiations. The proposal presented to the Union is incorporated in the proposed second amendment to the collective bargaining agreement attached to this memorandum. As set forth in the County's proposal, regular full-time members of the bargaining unit will continue to participate in the same health insurance program as provided by the Board to non-bargaining unit employees. Although there will beaten percent increase in the premium cost for health insurance in the coming year, this increase will be paid by the Board. There will be no increase in the employee contribution for this coverage. The program also includes optional dental and vision plans. The dental plan is entirely funded by the premiums paid by participating employees. In order to meet rising costs for services, these premiums will increase by ten percent (10%). There will be no change in the vision plan. The Union's negotiating team tentatively accepted the County's proposal as presented. On June 14, 2001, the overall membership of the Union voted to ratify the proposed amendment. CONCLUSION/RECOMMENDATION: Staff recommends that the Board approve the proposed amendment to the collective bargaining agreement with Teamsters Local Union No. 769, and authorize the chairman to sign the amendment. Respectfully submitted, ~~~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Community Development Director Finance Director Economic Development Manager Contracts Coordinator err' SECOND AMENDMENT TO OCTOBER i, 1999 COLLECTIVE BARGAINING AGREEMENT THIS SECOND AMENDMENT by and between the BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County", and TEAMSTERS LOCAL UNION NO. 769, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, hereinafter referred to as the "Union". WHEREAS, effective October 1, 1999, the parties entered into a Collective Bargaining Agreement, hereinafter referred to as the "Agreement", for the period October 1, 1999 through and including September 30, 2002; and, WHEREAS, effective October 1, 2000, the parties entered into a First Amendment to the Agreement which amended Article 32, Wages, which provided for incorporation of the Employee Pay and Classification Study dated March 31, 2000; and, WHEREAS, Article 31, Duration of Agreement, provides for the parties to reopen Article 18, Insurance, negotiate insurance for bargaining unit members for fiscal year 2001-2002; and, WHEREAS, the parties desire to further amend the Agreement by amending Article 18 to provide for employee insurance for fiscal year 2001-2002. NOW, THEREFORE, in consideration ofthe mutual promises contained herein, the parties agree to amend the Agreement, as previously amended, as follows: Article 18, Insurance, shall be amended as set forth in Exhibit "A". 2. Except as amended herein, the remaining terms and conditions of the Agreement, as 1 previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the dates below written. ATTEST: CLERK g:lattylagreemntlunion.k.2a.wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DATE CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TEAMSTERS LOCAL UNION N0.769 AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA BY: PRESIDENT DATE: BY: BUSINESS AGENT 2 ~" EXHIBIT "A" ARTICLE 18 INSURANCE Section 1. Regular full time bargaining unit will participate in the same health insurance program, including the same rates of employee contribution, as provided by the Board of County Commissioners to its non-bazgaining unit employees. The health insurance program will include optional dental and vision plans. Section 2. Regular full time bargaining unit employees will be eligible to participate in the same short term and long term disability program, including the same rates of employee contribution, as provided by the Board of County Commissioners to its non-bargaining unit employees. Section 3. Regular full time bargaining unit employees will continue to be eligible to participate in the same life insurance program, including the same rates of employee contribution, as provided by the Boazd of County Commissioners to its non-bargaining unit employees. Section 4. Regular full time bargaining unit employees will continue to be eligible to participate in the same employee assistance program (EAP), including the same rates of employee contribution, as provided by the Board of County Commissioners to its non-bargaining unit employees. Section 5. Except as otherwise provided in this Agreement, the insurance coverage listed above shall be discontinued on the date the employee's services are terminated, the day he quits or retires, or the day he goes on any leave of absence other than Family Medical Leave Act leave, or is laid off, provided that, subject to the approval of the insurance carrier, said coverage will continue for that period for which the County has prepaid the premium for such employee. Section 6. Eligibility, coverage and benefits under the above insurance plans are subject to the terms and conditions, including but not limited to any waiting period or other time limits, contained in the contracts between the County and the carrier. Any rebates or refunds of premiums paid by the County shall accrue to the County. With reference to the insurance set forth above, the County will continue to have the right to select carriers, to change carriers, and to be self-insured. It is further agreed that the only liability assumed by the County under this article is to pay the premiums agreed upon. Any claim settlement between an employee and the insurance carrier shall not be subject to the grievance procedure. 4 AGENDA REQUEST DATE: June 25, 2001 REGULAR[] PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: Tax Certificates -County Owned Tax Deed Application ITEM NO. C-5C PRESENTED BY: Donald G. Cole Property Acquisition Manager BACKGROUND: Please see attached background memorandum. FUNDS AVAILABLE: Funds will be made available in 001-3915-549000-390016 (Advertising) and 001-3915-541300-390016 (Postage) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve Budget Amendment 01-160. COMMISSION ACTION: ~ ] APPROVED [ ]DENIED [ ]OTHER: M. Anderson Administrator n Review and Approvals U [xx] County Attorney: ~ ~`'t [xx] Management & Budget~a [ ]Purchasing: [xx] Originating Dept: [xx] Finance: (check for copy only, if applicable) Effective 5196 G:\ACQ\WPUoAnnlTax Deeds`.BCC Agenda June 2J, 2WLwpd w PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: June 25, 2001 SUBJECT: Tax Certificates -County Owned Tax Deed Application Pursuant to Florida Statutes 197.502 "The County where the lands described in the certificate are located SHALL make application for a deed on all certificates on property valued at $5,000.00 or higher. Such application shall be made two years after April 1st of the year of issuance of the certificates." In March of 2001, County staff began to process 1995 certificates on 221 parcels owned by NCNB which had been in Bankruptcy. On Apri125, 2001, the Property Acquisition Division provided a map and the Property Appraisers Record Card to the City of Port St. Lucie and County Departments for their review and determination of need. To date there has not been any needs identified. To date staff has processed 91 of the 221 parcels. To process the remaining 130 parcels, $29,039.00 will need to be transferred from Contingency to 001-3915-549000-390016 (Advertising) and 001-3915-541300- 390016 (Postage). Attached you will find a copy of Budget Amendment O 1-160 for your consideration and approval. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Budget Amendment 01-160. Respectfully submitted: ~~~~ ~ Donald G. Cole Property Acquisition Manager Attachment cc: Comity Altomey Finance Management & Budget G:\.4CQ\WP`JoAnn\Tax Deeds\BCC Agenda Memo lone 25, 2001.wpd BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB/COUNTY ATTORNEY/ACQUISITIONS PREPARED DATE: 06!19/01 AGENDA DATE: 06/25/01 ACCOUNT NUMBER ACCOUNT NAME MOUNT TO: 001-3915-549000-390016 Advertisin $25,809 001-3915-541300-390016 Posta a $3,230 FROM: 001-9910-599100-800 Contin enc $29,039 REASON FOR BUDGET AMENDMENT: To a for Tax CertificateslTax Deeds owned b NCNB. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: $145,876 $29,039 $116,837 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 01-760 G:\BU DGETIQUATTR0IGENERALIFORMSIAMENDM01.wb3 ~ ~ +~' FISCAL YEAR 2000-2001 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $116,837 DEPARTMENT ITEM ACCOUNT# AMOUNT DATE Approved Budget Contingency 001-9910-599100-800 9,000,000 Administration Community Redevelopment Agency 001-1900-581085-100 $75,000 09/12 Public Works Rock Road Chapel 001-1900-562011-16002 $1,082 10/03 Central Services Smithsonian (Loans to fund 316) 001-1930-562000-76007 $200,000 11/08 Veteran Services Van Loan for Veteran Services 001-5310-564000-500 $22,079 01/16 Information Technology Balance due to Kronos (time clocks) 001-1 900-531 000-1 91 9 $11,279 03/13 Information Technology Consulting on Communications needs 001-1900-531000-100 $22,500 04110 Human Resources Postage Machine for Mail Room / HR 001-1900-544100-100 $4,669 02/13 County Attorney Allstate LitigationJprofessional services 001-1410-531000-1920 70,000 04/24 Administration Sunrise Theater Improvements 001-1900-582000-100 350,000 05/01 Administration Loan To Purchase Farm Credit Property G/L Interfund Loan $93,800 05108 Veteran Services Van quote for Veteran services 001-5310 3,715 06/19 Total used: 854,124 Balance Available 145,876 Proposed action: County Attorney/Acq Tax Certificates Tax Deeds 001-3915-390016 $29,039 Balance Available After Proposed Action: 116,837 G:IBUDGETIQUATTR0IGENERALIFORMSIAMENDM01.wb3 AGENDA REQUEST ITEM NO. C~-- JC~ DATE: June 25, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre County Attorney SUBJECT: Savanna Club Apartment -Subordination of Conservation Easement 1 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: ~ 1 RECOMMENDATION: Staff recommends that the Board approve the Consent and Subordination and authorize the Chairman to sign the Consent and Subordination. COMMISSION ACTION: [ ~] APPROVED [ ]DENIED [ ]OTHER: J~ouglas Anderson County Administrator Review and Approvals County Attorney: ~ Management & Budget /~ Purchasing: Originating Dept. Public Works Dir: '/~ / Can. Dev. Dir.: ~ Finance: (Check for Copy only, if applicable) J~ Eff. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-897 DATE: June 20, 2001 SUBJECT: Savanna Club Apartment - .,,/' Subordination of Conservation Easement BACKGROUND: On July 18, 2000, the Board approved the site plan of the Savanna Club Apartments. One of the conditions imposed by the Board at the time of site approval was a requirement that the developer dedicate a conservation easement to the County covering certain portions of this site. A cop of the recorded easement is attached. Also attached is a copy of a fax dated June 19, 2001 from Sam Poole, Esquire, requesting that the County subordinate its easement to a conservation easement that the developer is required to convey to the South Florida Water Management District. The proposed subordination would not eliminate the County's easement but would allow the District to enforce its easement without obtaining County consent. Both easements prohibit development within the easement area. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Consent and Subordination and authorize the Chairman to sign the Consent and Subordination. Respectfully submitted, Daniel S. McInty County Attorney/ DSM/caf Attachments 05%t 9.%'~6e 1 17:01 BERGER ~ I "-0:aERh1AhJ y i S5 245c 1446 ~r` Talephone 954.526.9900 Facsimile Transrn~ttal Coversheet DATE: F1RNLiCOytPANX: ATTENTION: FACSI'vIIT..E NtTNlBEI2: TELEPHONE NUMBER: OUR FILE NU'.vIBER FRObt: BERGER SINGERMAN ATTORNEYS AT LAYV SUITE 1000 360 CAST LAS CLAS BOULEVARD FORT LAUDERDALE, FLURIOA 33301 3nne 19, 2001 St, Lucie County Attorney Dan N1clntyre 5b1-462-14dfl 5b1~4b2-1420 4751.002 Sam Poole NUIvi13ER OF PAGES SENT: _._.. (including cm~er page} 2~iESSAGE (if any}: N6. 148 :7~ 7C,1 Facsimilo g54.523.29'2 Dart. We are working to complete tlxe application for fhe 5FWMD permit for the Savanna Club Apts. Thr District reglures a conservation easement covering the wetlands and an upland buffer around the wetlands. We have prepared a legal description £or the District easement that includes the wetlands and fixed uplands buffers, less the fixed upland buffer # 4 at the eaat side of the property. The District is requiring that St Lucia County's easement on these lands be su'ordinate to the Yistrict's casement. I d4 not foresee a downside for the County in executing the attached subordination agreetxert wit?r zespect to those lauds covered by both conservation easements. Would you Please call me at your earliest convenience to discuss the District's requtrzment? Time is of the essence in cannpleting the permit application in time fer the August govern.n6 beard nteetirg PLEASE NCtTII~Y US IMMEDTiATELY TF NOT RECEIVI~:D PR()IyFRLY The intormation conuin~d in this faattnile ritesaage .is legally privileged -,tad i.antidert-xl ntfurtnation intended only for th,e use of k'ae individual or entity named above- if the reader of this message is not rile intended.ecip:ent y~,u st•e hereby alotifAed that any dissenunatton, dastrtbutioa or copy of this facsimile is strictly prohibited. If you have rEtelvC~ this facsimile in error, please unmediatciy notify us by telephone aAd return the original me•.~sage to us at tha address set fordo. above via the L3nited States Postal Service. Thank you. Bh/19~?e~61 1?:G1 BERGER ~~. SINGEP,r1AN a 15e14621~4E~ NO . t 48 G%r,_ L.AN 06-05 Return to: Soutfi Florida Water pAanagemsnt District P.O. Bo>< 24680 West Palm Beach. FL 33416-4680 This lnstrumont prepared by: South Flo~da Water Management District 3301 South Gun Cfub Road, P.O. Sox x46130 West Palm Beach, FL 33416680 Project: Tract No.: CONSENT D SUBORDINATION TO PERPETUAL CONS A710N ceSEMENT AGREEMENT St. Lucie County, a political subdivision of the State of Florida (the 'County"1, as the benefited party under that certain conservation easement tthe "county Easement"), dated ,granted by ("Ownea") in favor of the County, recorded in the Public Records of 5t. Luce County, Florida, hereby consents to and subordinates all its right, title and interest in and to that certain rea! property legally described in Exhibit "A" attached hereto and incorporated herein by reference (!he "Premises'"), ariarng under the County Easement: to that certain perpetual Conservatbn Easetrrent Agreement, dated ~ granted by Owner in favor of the South Fbrida Water Management District, a public ,~ J cer o bhe "Disttict:'~, to be r~eCCrded in the Pu4iiC Records ' of ~, Lutae county. Florida, where County granted to the District a perpetuat ~ ConsCrvation easement on, over and across the Premise®, to be retarded in the Pubiic ', Records of St. Lucie County, Florida. i IN WITNESS WHEREOF; the undersigned has hereunto sat its hand and s~Hixed i its seal as of the day of , 2001. Signed, sealed and delivered In the presence of: Prins Name' ay: Print Name: A8 Ifs: Ptint Name: ~~%19.- 2081 17:01 bEP.GER \ E l NGEP.MAM -~ 1501?6214?@ ~ECtil72A ¢ RcTV~•~1 ;ice,,' ~{~ IYi V ~ L G, l~v a L G ~i E"SQ 3sa E. ~A.s oG,~s g~va, c5'J.,-E ipoo F7, LAuD~-nA[,6, F'L 3330/ CONSERVATION EASEMENT ~..~ THIS CONSERVATION EASEMENT ("Easement") is made this c' day of L' , 2000, by and between DOLLOM, INC., a Florida corporation, whose mailing address is 888 Seventh Avenue, Suite 3400, New York, New York, 10016-0199 (the "Grantor"), and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, with its principal office at 2300 Virginia Avenue, Fort Pierce, Florida (the "Grantee"). WITNESSETH: ~ o o WHEREAS, Grantor is the owner in fee simple of certain real property in St. Lucie 00 o County, Florida, more particularly described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, pursuant to Resolution 00-119 approved by the St. Lucie County Board of County Commissioners (County Commission) on July 18, 2000, the Property received Major Site LL " "' Plan approval for development which approval is conditioned upon the grunt of a conservation ~, „ x easement, over the Property described in Exhibits "B" ("Fixed Area") which contains ~_ ~ ~ approximately 19.69 acres and Exhibit "C" ("Flexible Area") which contains approximately 0 0 ~ 5.68acres that is in a predominately native vegetative and hydrologic condition (the "Easement `~ `~ `~ Area"); and ~. ,r WHEREAS, subject to the terms and conditions hereof, Grantor intends by this instrument to convey to Grantee the right to preserve and maintain the Easement Area, reserving unto Grantor all other rights not inconsistent with this grant. NOW, THEREFORE, subject to, and in consideration of, the above and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to and in accordance with the provisions of Section 704.06, Grantor hereby grants and conveys to Grantee an easement giving the Grantee the right to preserve and protect the Easement Area during the term hereof (the "Easement"). 1. PURPOSE. It is the purpose of this Easement to assure that the Easement Area will remain a predominately native vegetative, hydrologic, scenic, open or wooded condition ("Permitted Condition"). 2. RIGHTS OF GRANTEE. To accomplish the purpose of this Easement, the following rights are conveyed to Grantee: (a) The right of Grantee'to preserve and protect the Easement Area; and g:latty\agreemnt\dollom con easement Page 1 of 8 ~~~ m ~. o ~ ~v om~ a.=m °- _ _ -• Q o om r t *i "~ 3 . • 23 O ~~, ~ ~. c~•~n ~ t-~ r o m n~ }-~ ~ T ~.~ r,~ o ~°, ~~ ~x+ s o m 0 n ~~ m c ~~ H T_ ~ C~ CilO m C ~~ ~~ u~ r- c n H m n 0 c ~. OF BODK i~89 PAGE 1649 (b) The right to enter upon the Property, with any necessary equipment and vehicles, at reasonable times in order to monitor compliance with and otherwise enforce the terms of this Easement; provided that, except in cases where immediate entry is required to prevent, terminate or mitigate a violation of this Easement, such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not in any case unreasonably interfere with Grantor's use and quiet enjoyment of the Property; and (c) The right to enjoin any activity on or use of the Property that is inconsistent with this Easement and to enforce the restoration of such areas or features of the Easement Area that may be damaged by any inconsistent activity or use. 3. PROHIBITED USES. Except to the extent reserved to Grantor herein, or presently existing, the following activities are prohibited in or on the Easement Area: (n) Construction or placing of buildings, roads, sign, billboards or other advertising, utilities, or other structures on or above the ground. (b) Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials; (c) Removal or intentional destruction of trees, shrubs, or other natural vegetation (except for the removal of exotic or nuisance plants or vegetation) provided that this prohibition shall not be construed ns restricting Grantor from devising n management plan or procedure acceptable to Grantee for the destruction or removal of trees or other vegetation to control or prevent hazard, disease, or fire. (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface. (e) Surface use except for purposes that permit the land or water area to remain predominately in its natural condition. (f) Activities detrimental to flood control, water management, conservation, water storage, erosion control, soil conservation, fish and wildlife habitat preservation, and allied purposes, or any use or activity that causes, or is likely to cause significant soil degradation or erosion or significant depletion or pollution of any surface or subsurface waters. (g) Acts or uses detrimental to such retention of land or water Wrens. 4. RESERVED RIGHTS. Sub ject to receiving all permits, Grantor reserves to itself in perpetuity, its personal representatives, heirs, successors and assigns in perpetuity, all rights accruing from its underlying fee simply title and ownership of the Property, including the right g:\atty\agreemnt\dollom con easement Page 2 of 8 '~'/ ..h CiF BGOK 1:;8" F'AGE 1b50 to engage in, or permit or invite others to engage in, all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, and subject to the terms of paragraph 3, the following rights are expressly reserved: (n) To erect and maintain fences and boundary markers for the purpose of controlling unauthorized use or access, or to comply with applicable laws, rules and regulations code requirements, and establishing boundaries; providedthnt such fences and markers shal I not materially interfere with the purposes of this Easement. (b) To sell, rent and mortgage the Property subject to this Easement. (c) To maintain the functioning of the surface water management system that flows through the Easement Area. (d) To construct/install the following improvements within the Easement Area: (1) pedestrian walkways, jogging paths or bike paths; (2) picnic areas; (3) lighting fixtures appurtenant to the improvements constructed pursuant to subparagraph (a) and (b) above; (4) underground utilities appurtenant to the uses allowed in subparngraphs(a)through (c)nbove;and, (5) underground utilities only within the locations identified in Exhibit "D" attached, provided that the utilities shall be microsited with the assistance of County Staff to minimize impacts on trees. provided, however, that the Grantor, in exercising its rights set out in (1) through (4) above, shall not cut any trees over three inches (3") dbh; and further provided that the Grantor subsequent to any construction or installation shall restore the Easement Area to its preexisting condition to the maximum extent possible. Grantor further reserves the right to use the Easement Area for natural drainage purposes. 5. AMENDMENT OF EASEMENT AREA. a. Fixed Area - Subject to the approval of the Board of County Commissioners, in its discretion, the Grantor may substitute or modify the Fixed Area described in Exhibit "B" so long as the Fixed Area is not less than 19.69 acres. In the event the Board approves any such substitution or modification of the Fixed Area that results in the inclusion of property in the Fixed Area which has previously been developed, the Grantor, ns a condition g:latty\agreemnt\dollom con easement Page 3 of 8 ~° ~ OR RODK 1389 F'RGE 151 ~ of such substitution, shall restore the substitution urea to a Permitted Condition. Prior to Board approval of any such substitution or modification of the Fixed Area, the Grantor shall deliver to the County a revised general conservation easement in recordable form satisfactory to the County Attorney. b. Flexible Area -Subject to the approval of the Community Development Director as a minor adjustment to the site plan, Grantor shall have the right, at any time, to substitute or modify the Flexible Area described in Exhibit "C" so long as the total urea of the Flexible Area is not less than 5.68 acres. In reviewing a proposed minor ad justment to the site plan, the sole criteria that the Community Development Director may use in determining whether to approve or deny the minor adjustment is whether the proposed substitution area has comparable environmental qualities to the property that is proposed to be removed from the Flexible Area. In the event of any such substitution or modifications of the Flexible Area results in the inclusion of property in the Flexible Aren which has previously been developed, the Grantor, as a condition of such substitution, shall restore the substitution area to a Permitted Condition. Prior to Community Development birector approval of any such minor nd justment, the Grantor shall deliver to the County a revised general conservation easement in recordable form satisfactory to the County Attorney. 6. NOTICE AND APPROVAL. Whenever Grantee's approval is required for any action to be undertaken by Grantor in this Easement, Grantor shall notify Grantee in writing of its request. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purpose of this Easement. Where Grantee's approval is required, Grantee shall approve or deny its approval in writing within sixty (60) days of receipt. Denial must be based upon a reasonable determination by Grantee that the action as proposed would be inconsistent with the purpose of this Easement. Failure by the Grantee to take action within the sixty (60) day period shall be deemed as approval by the Grantee. In the event Grantee's approval is denied, and Grantor in its discretion deems Grantee's actions to be unreasonable, Grantor reserves the right to submit the issue or controversy to a court of competent jurisdiction whose decision shall be binding on the parties. 7. ACTS BEYOND GRANTOR'S CONTROL. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Easement Area resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Easement Area resulting from such causes. 8. PUBLIC ACCESS. No right of access by the general public to any portion of the Property is conveyed by this Easement. g~\atty\agreemnt\dollom con easement Page 4 of 8 ~rr~ OR ADOK 1.;89 FACE 165 9. EXISTING EASEMENTS. The Easement conveyed herein is subject to existing easements affecting the Property prior to site plan approval for public roads and highways, public utilities, railroads and pipelines. 10. GRANTEE'S NON-LIABILITY. Neither the ownership or attempted enforcement of Grantee's rights held under this Easement shall subject Grantee to any liability for any damage or injury that may be suffered by any person on the Property or as a result of the condition of the Easement Area, including liability for the disposal of solid wastes or pollutants. 11. FORBEARANCE. Enforcement of the terms and restrictions of this Easement shall be at the reasonable discretion of Grantee and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 12. SEVERABILITY. If any provision of the Easement or the application hereof to any person or circumstances is found to be invalid, the remainder of the provisions shall not be affected thereby as along as the purpose of this Easement is preserved. 13. NOTICES. All notices, consents, approvals or other communications hereunder shall be deemed properly delivered only (1) on the date delivered, if by personal delivery; (ii) if mailed by certified mail/return receipt requested, then the date the return receipt is signed or delivery is refused or the mail is designated by the postal authorities as not deliverable, ns the case may be; or (iii) one (1) day after mailing by any form of overnight mail service. 14. TAXES AND ASSESSMENTS. For so long as Grantor shall retain fee simple title to the Easement Area, Grantor shall keep current on the payment of taxes and assessments on the Easement Areas and not allow n lien on the Property superior to this Easement. In the event Grantor fai Is to extinguish or subordinate any such lien, Grantee may elect to pay off the lien on behalf of Grantor and Grantor shall reimburse Grantee for the amount of the pay off, togther with reasonable attorney's fees and costs, and with the interest at maximum allowable rates, not later than thirty (30) days after delivery of notice of such payment. The debt owed to Grantee constitutes a lien against the Easement Aren which automatically relates back to the date of the recording of this Easement, and Grantee may foreclose on the Easement Area in the manner of mortgages on real property in the event Grantor does not so reimburse Grantee. 15. SUBSEQUENT TRANSFERS. The terms and conditions of this Easement shall be inserted by Grantor in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. Grantor shall notify any future holder of Grantee's interest in the Easement area. g:\ntty\agreemnt\dollom con easement Page 5 of 8 ~ C1R BEOK 1:,89 F'AGE 165.; `'~ 16. COMPLIANCE MONITORING. Grantor shall assists Grantee in the monitoring and enforcement of the terms and conditions of this Easement. Grantee shall provide Grantor in writing its assigned monitoring employees or agents. It is the intent of Grantor and Grantee that all monitoring employees and agents shall be properly identified in order to prevent unauthorized entry on or access to the Property. 17. AMENDMENT. If circumstances arise under which an amendment to or modification of this Easement would be appropriate, Grantor and Grantee are free to jointly amend this Easement; provided that no amendment shall be allowed that will affect the qualifications of this Easement or the status of Grantee under any applicable Inws, including Section 170(h) of the Internal Revenue Code of 1954, as amended and any amendment shall be consistent with the purpose of this Easement, and shall not affects its perpetual duration. Any such amendment shall be recorded in the official records of St. Lucie County, Florida. 18. TERMINATION. This Easement shall be terminated and Grantor shall be authorized to record such termination in the public records of St. Lucie County in the following circumstances: (a) Upon mutual agreement of the Grantor and Grantee; or (b) Upon expiration of the site plan approved in Resolution No. 00-119, if Grantee does not obtain bui Iding permits or revocation of the site plan pursuant to the Grantee's Land Development Code; or, (c) Upon County Commission approval of n new site plan for the total redevelopment of the property that is not in substantial conformance with the above referenced Site Plan. The existence of this Easement shall not be a reason for County Commission denial of n new site plan submitted pursuant to this subparagraph (c); or, (d) If natural causes beyond the control of the Grantor, such as windstorm, flood or fire so alter the Easement Area that Grantor and Grantee mutually agree that the Easement Area is unable to recover to their pre-disturbance condition. 19. BINDING EFFECT. All terms and restrictions herein contained run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, personal representatives, heirs, successors, and assigns. TO HAVE AND TO HOLD the same together with all and singular appurtenances thereunto belonging or in anywise incident or appertaining to the proper use, benefit and behalf of the Grantee, its successors or assigns forever. g:\atty\agreemnt\dollam con easement Pnge 6 of 8 ~ OR HOOK 189 F'AGE 154 ~ AND THE GRANTOR hereby covenants with the said Grantee that it is lawfully seized of the Property in fee simple; that it has good right and lawful authority to convey this Easement; and that it fully wnrrants and defends the title to the Easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Conservation Easement has been executed by the Grantor whose hand and seal is affixed hereto, the date and year first above written. WITNESS , NQw YDt~ STATE OF A ) COUNTY OF ~Ew Y"Q'c ) DOLLOM, INC. B• ame: LQwrGn G LO,~c."tGr Title: ~racidbrl~' w..- -f The foregoing instrument was acknowledged before me this 6 dny of Yyaye~^ ber 2000, by Lawrence LoP~tsr ,who is personally known to mete-laa~ J . ' NOTARY PUBLIC ,~ .NDITH A. 80RY Sign ~a~ Q. 6~o-``~-_ `~ , ~ ° Nedry Public, State d Naw rbrk ,~",;' : N0. 01804854634 Print: Tk~li~'!, fl. w°dry -• My, .Comri'iissio (fled ~ NassauC SEAL .:~ ~~fon E~raa Nowmbarb 84 a0. :l. ( ) BOARD O C UNTY COti ST. LUC N L~ BY: Chairman APP OVED S TO FORM CJOR E T 1E;55: BY: f J - County Attorn l1ISSIONERS ID a N. ~4 . ~u...l^ l .~ - ~ ~a ~ ~\ " ~ g:\atty\agreemnt\dollom con easement Page 7 of 8 ~'"r- AGENDA REQUEST ITE~.,~JO. C-6a DATE: June 25, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Budget Resolution #01-154 and acceptance of the BULLETPROOF VESTS 2001 grant award from the US Dept. Of Justice in the amount of $2,270.95. BACKGROUND: St. Lucie County Sheriffs Office has been approved to participate in the Bulletproof Vests Partnership Program offered by the US Department of Justice, Bureau of Justice Assistance. One armor vest per law enforcement officer per fiscal year may be purchased through this program. Federal payment will cover a portion of the cost of 45 vests purchased by the St. Lucie Sheriff's Office. FUNDS WILL BE AVAILABLE: 107124-2110-331210-200 Bulletproof Vests Grant 2001 PREVIOUS ACTION: St. Lucie County BOCC approved an electronic application for this grant on February 13, 2001. RECOMMENDATION: Staff recommends that the Board of County Commissioners accept the USDOJ Bulletproof Vests Grant, authorize the County Administrator to sign the electronic award documents and approve Budget Resolution # 01-154 to appropriate and expend the funds. COMMISSION ACTION: [g ] APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: g Anderson Administrator Coordination/Signatures -jn County Attorney: XX I-` Management & Budget: XX ~' ~ I purchasing: ___~~' Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) XX Other: G:\BUDGET.WP\AGENDA'SWgenda0l\6"25 Vests Grantwpd RESOLUTION NO. 01-154 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget, certain funds not anticipated at the time of adoption of the budget have become available from the US Department of Justice in the amount of $2,270.95 in form of a grant for the Bulletproof Vests Partnership Program 2001. WHEREAS, Section 129.06 (d}, Florida Statutes, requires the Board of the St. Lucie County Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Board of County Commissioners, Florida, in meeting assembled this June 25"', 2001 pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2000-2001, and the County's budget is hereby amended as follows: REVENUES 107124-211 D-331210-200 Dept. of Justice $2,271 APPROPRIATIONS 107124-2110-591900-200 Transfer to Sheriff $2,271 Aker motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX Commissioner John D. Bruhn XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED THIS 25TM DAY OF JUNE, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Review BVP Appl~-~tion for Funding Approval ~r/ Page 1 of 1 Review BVP Application for Funding Approval Jurisdiction: Application Id: Jurisdiction Contact: Application Status: Last Submission Date: BVP Approval Date: ST LUCIE COUNTY 01004870 Maria Gorniewicz (561)462-1733 ombslcfl@bellsouth.net Approved by BVP 02/21/01 OS/15/O1 Total Proposed Amount: 11335.46 Estimated BVP Portion of Total Cost: 5667.73 Total Approved Amount for 2000: 2270.95 GRANT AWARD ACCEPTED BY: - =y *.*.: _ ~ ~ - .. ~Z '4' . ~-L•••• DOUGLAS M. ANDERSON COUNTY ADMINISTRATOR DATE: https://vests.ojp.gov/vests/roles/apps/jurchkapp.jsp 5/16/01 ~.r MEMORANDUM TO: Mika Goriewicz, Budget Analyst St. Lucie County Management & Budget Department FROM: Chief Deputy Garry Wilso DATE: June 6, 2001 SUBJECT: St. Lucie County Commission Agenda Request for the June 26, 2001, 9:00 a.m. Meeting -Accept 2001 Bulletproof Vest Partnership grant award from the U.S. Department of Justice. NUMBER: 01.06.01 The Sheriffs Office has applied for, and was awarded, a Bulletproof Vest Partnership grant from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (B.J.A.). We were awarded $2,270.95 to help cover the cost of multiple units of body armor purchased during fiscal year 2001. These vest help maintain the enhanced survivability of our deputies. Our Grant Administrator, William R. Simon, will function as the Primary Point of Contact for our agency with the B.J.A. It is our understanding that Maria Gomiewicz will function as the Jurisdiction Contact between the County and B.J.A. Upon approval by the B.O.C.C. the County Administrator should direct Maria Gomiewicz to request and authorize adraw-dawn of funds. Prompt attention to this matter will assure our meeting the submission deadlines. If you have any questions, please contact Mr. Simon at 462-3359 (office) or 489-5660 #108 (pager). wrs cc: Major Roy Hudson, Director of Law Enforcement Major Tom McInerney, Director of Administration Captain Mike Graves Captain Steve Reuther Mr. Henry Walker, Comptroller BVP Program Stab-- Page Page 1 of 1 `; ~ ~ ~~ Application Check-Up To help ensure your success in applying for funds, we will routinely provide you with important information about your progress in completing the application and receiving payments. This "Application Check-Up" page will alert you to any pending actions that must be completed prior to program deadlines. It will also provide you with payment(s) status for tracking your requests for approved funds. All years of the program in which you have participated are listed below. - Red X's indicate your attention is needed. Click on the Application Number Link to access your handbook and complete the required step. Once in your Electronic Handbook, the menu selection you need will be highlighted. -Green OK's indicate successful submission of an application in either the current or previous years. Using the Application Number Link will highlight the correct menu item to review a previous year's application. -You may also access your Electronic Handbook Menu by clicking Here. To display a particular year, choose from the following list: Applications Year Application Number 2001 01004870 2000 00001826 1999 99001743 Payments Status OK Approved by BVP 21-FEB-01 OK Approved by 8VP 23-MAY-DO OK Approved by BVP 29-JUL-99 Year All Year Application Number Request Date Request payment Amount Payment Date Amount 1999 99001743 06-APR-2000 3839.43 1985 Apr 21 2000 1999 99001743 30-SEP-1999 4015 4015 Mar 15 2000 You have requested payment for all receipts submitted. You are now eligible to submit additional Receipts if you have vests that qualify Return to BVP Home~aoe (LOGOUT) https://vests.ojp.gov/vests/roles/jurisdiction/appl_status.jsp?fiscalYeai=All&details=hide 5/16/O1 Page 1 of 2 ombslcfl From: <vests@ojp.gov> To: <ombslcfl@bellsouth.net> Sent: Thursday, May 17, 2D01 12:06 AM Subject: BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM FUNDING ANNOUNCEMEN Congratulations! It is our pleasure to officially announce that the application for the 2001 Bulletproof Vest Partnership Grant Program from ST LUCIE COUNTY has been approved in the amount of $ 2270.95. This amount represents the maximum federal funds available. These funds may now be used to pay up to 50% of the cost of approved vest purchases. Electronic requests for payments will be processed beginning June 1st. As vests are delivered to the jurisdiction's participating law enforcement agencies, online receiving reports must be completed, followed by the jurisdiction's online payment request (section 3.3 in the jurisdiction electronic handbook). Jurisdictions are responsible for ensuring that purchased vests are in compliance with applicable program standards, that the invoiced prices do not include unrelated law enforcement equipment, and that program payments do not exceed 50% of the total costs. When the Bureau of Justice Assistance (BJA) receives the jurisdiction's request for payment, funds are electronically transferred from the U.S. Treasury to the jurisdiction's bank account, as specified during the online registration process. The payment process automatically calculates and transfers half of the total amount in each request for payment, until the jurisdiction's available funds are depleted. Please allow up to twenty-five business days after each request for the electronic transfer to be completed. Jurisdictions are responsible for facilitating prompt payment to vest vendors. We recognize that jurisdiction and law enforcement agency operational and equipment needs are subject to change. Consequently, participating agencies aze not required to purchase the exact number, type or model of vests contained in the approved application. Vests may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standazds. The original application cannot be changed; any changes in actual purchases will be reflected in the online Receipt of Vest portion in each participant's electronic handbook. Only law enforcement officers may receive vests through this program. According to the Act, "law enforcement officer" means any officer, agent, or employee of a State, unit of local government, or an Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders. Eligible officers may be full-time, part-time, paid or volunteer. Jurisdictions may request payments from this year's application through September 30, 2005. Payments of federal funds can be requested whenever vests aze received. Jurisdictions are not permitted to purchase vests through this program if they also use money from BJA's Local Law Enforcement Block Grant Program to purchase vests during the same fiscal year. Procurement transactions and payments may be subject to audits by the U.S. General Accounting Office, U.S. Department of Justice's Office of the Inspector General, state or local government auditors, and auditors from independent public accounting firms. Jurisdictions must follow their local 5/24/01 Page 2 of 2 procurement policies and procedures, including maintenance of reliable and accurate accounting systems, record keeping, and systems of internal control. Recipients of federal funds are expected to retain documentation supporting all program transactions for at least three years after the closure of audit reports related to such findings. If any lirigation, claim, negotiation, audit, or other action involving records has been started before the expiration of the three-year period, the records must be retained until completion of the action and resolution of all related issues, or until the end of the regular three year period, whichever is later. This electronic message serves as BJA's primary funding notification. No award or grant documents will be forthcoming and this program does not have a generic grant or award number. The Catalog of Federal Domestic Assistance (CFDA) number for this program is #16607, the full text of which can be found under Program Resources at the program's main web siteh~a/vests.ojp.aov. If you require additional information, please address your questions to the attention of the Bulletproof Vest Program Manager, Bureau of Justice Assistance, 4th floor, 810 7th Street, N.W., Washington, D.C., 20531. If you need help with the electronic handbooks or other technical, Internet issues, please call the BVP technical support staff at toll-free 1-877-75VESTS (1-877-758-3787) or at the toll number 301-595-4595. Thank you. Again, congratulations and thank you for participating in this important program. Sincerely, The Bulletproof Vest Program, BJA 5/24/01 :Vhat's New - BuIJ~`tiroof Vest Partnership Program Page 1 of 2 ~/ What's New For 2001 What's New at the Bulletproof Vest Partnership Prc;gram? Search Applications will be accepted through April 14, 2001. Funding decisions based upon submitted applications will be made in May. The new NIJ Stab Standard has been issued and stab-resistant vests are now available. These vests can be included in your next application. The Bulletproof Vest Partnership Grant Ad of 2000 was recently enacted. This means the program will remain in effect for three more years, from 2002 to 2004. It also provides priority funding for jurisdictions with populations under 100,000 and increases the authorized funding level to $50 million each year. These changes will not take effect until next year. The applications accepted in 2001 will be governed by the current BVP Act of 1998. In keeping with BVP program guidelines and statutory requirements, NIJ-approved vests purchased on or after March 1, 1999 are eligible for funding and may be included in year 2001 applications . Jurisdictions are responsible for determining the best means of meeting their vest needs, using available resources, and purchasing vests, while ensuring adherence to BVP program guidelines and statutory requirements. Jurisdictions may use funds from more than one approved BVP application to purchase vests, as long as the total BVP share does not exceed 50% of the vests' cost. The NIJ catalog has been updated with the latest ballistic and stab vest makes and models. NLECTC website http:/1www.nlectc.org! The application process has been simplified, particularly for smallerjurisdictions that have only one participating law enforcement agency. Also, built-in reminders will help ensure you keep current on approaching deadlines and required application steps. Resources and links for jurisdictions and law enforcement agencies have been expanded, including various sources for free email services and state supported programs for the purchase of vests. Payment processing has been streamlined and will no longer be subject to the delays experienced by some jurisdictions during the first year. We will make every effort to process payment requests within 25 working days and will notify you when the transfer occurs. Further reductions in this processing time continues to be a priority. To view a list of web pages updated in the last seven days, please'click' on the button below. [BVP Virtual Tourt [Log-In (Registered Users)I [Law Enforcement Agency[ [Jurisdiction[ tManufacturer!Distributon [Program Resources[ INfiat's New?t https://vests.ojp.gov/new.html 5/16/01 U5 6epartmanl ofdustice dfFss of JueBcs Programs Bureau ofJuslicaAssktance ti7hat's New - Bu11P'-roof Vest Partnership Program Page 2 of 2 ~r' [Help/Frequently Asked Questionst [Feedback On This Programs H( omet BVP Help Desk -Phone: Toll-Free (1-877-75-VESTS) or (1-877-758-3787) https://vests.ojp.gov/new.html 5/16/O1 Page 1 of 1 ~° ombslcfl From: <vests@ojp.gov> To: <ombslcfl@bellsouth.net> Sent: Friday, April 27, 2001 5:38 PM Subject: 2001 BVP Update Thank you for submitting an application for funding under the Bulletproof Vest Partnership Grant Program. The Bureau of Justice Assistance is currently processing all applications, in prepazation for funding decisions and announcements. Within the next 45 calendar days, you will be notified regazding the amount of funding available this year. Thank you for your participation and for your continuing patience. BVP Technical Support Team 5/16/O1 AGENDA REQUEST DATE: June 25, 2001 REGULAR [ ] PUBLIC HEARING [ j CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Budget Resolution 01-155 for the $400,000 Airport Fire Equipment Grant awarded by the Florida Dept. of Transportation (FDOT). BACKGROUND: N/A FUNDS WILL BE AVAILABLE: 140316-4220-334411-400 FDOT Airport Fire Equipment Grant PREVIOUS ACTION: On May 6, 2001 the Board accepted the Airport Fire Equipment Grant. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution # 01-155 to appropriate and expend funds from the FDOT Airport Fire Equipment Grant. COMMISSION ACTION: (}~] APPROVED [ ] DENIED [ ] OTHER: I`til~l NO. C-6b 16ug Anderson my Administrator Coordination/S ig natures e County Attorney: XX r ~~ Management & Budget: X~rchasing: V Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) XX G:1[3UDGE"I~WP~AGEV DA'S~Agenda0l' 625Ai rpFire_grant.wpd Other: ~+"' RESOLUTION NO. 01-155 `~ WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation in form of a $400,000 grant for the Fire Equipment Grant. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 25th day of June, 2001, pursuant to Section 129.06 (d}, Florida Statutes, such funds are hereby appropriated for the fiscal year 2000-01, and the County's budget is hereby amended as follows: REVENUES 140316-4220-334411-400 FDOT -Transportation $400,000 APPROPRIATIONS 140316-4220-563000-400 Improvements O/T Buildings $400,000 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX Commissioner John D. Bruhn XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED THIS 25TH DAY OF JUNE , 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:~B UDGE'h.WP W GENDA'S~Aeenda0116'25AirpFire_grant.wpd FORM 725-0JO-05 PUBLIC TRAN$P ADMIN 07100 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION page 7 of 12 PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: Fund: DS FLAIR App 407 348-1-94-01 (Item-segment-phase-sequence) Function: 637 FLAIR Obj. Org. Code: Contract No: Federal No: N!A Vendor No Cataog of Federal Domestic Assistance Number. 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 refer-ed to as the Department, and St. Lucie County Board of County Commissioners hereinafter referred to as the AGENCY. WITNESETH: 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 f61 ,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 purchase Fire Protection Equipment. 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. ~Mr+' 2.00 Accomplishment of the Project: FORM 725-030-06 PUBLIC TRANSP gDMIN 07!00 Page 2 0l 72 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, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or cony 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 Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. . 3.00 Project Cost: The total estimated cost of the project is $ 500,000.00 .This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 400,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program yearthat the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A ~ B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding (is}(is 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 (+s) (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 the final project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, cant' out the project 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 shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of thisAgreementand is approved by the Department Comptroller. FORM 7250."!0-05 PUBLIC TRANSP ADMIN 07100 Page 3 d 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 vrork program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish forthe project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or othervvise 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 aid 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 forthe 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 ororderdrawn bytheAgencywith respecttoanyitemwhichis or will be chargeable against the project accountwill be drawn only in accordancewith a properly signed voucherthen on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. AIt 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 subrecipient (Agency) in correspondence accompanying the audit report, or reporting package, and data collection form. ~,. FORM 725-030-06 - PVBLIC TRAtJSP gOMIN 07!00 Page 4 d 72 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 afterthe final payment. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection forms shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 and the District Public Transportation Office identified in 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 "C". 8.00 Requisitions and Payments: 8.10 Action by tfie Agency: In orderto 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 payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1 } the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. °j~/ FORM 72S03Q-pg PUBLIC TRANSP AOMIN 07/00 Page S of 12 (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 Departments Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 t~tigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: '1"he 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 wilt reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incun'ed 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 arangements 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 vwrk or services performed pursuant to this agreement, the Department may offset such amount from payments due forwork 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 shalt not be considered a breach of contract by the Department. 9.00 Termination or Suspension of ProjecL• 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finalry discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, ortimely 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 con-acted, or the Department may terminate any or all of its obligations under this Agreement. ~Ilr-' FORM 725-096.p6 PUBLIC TRANSP ADMIN 07100 Page 6 of 72 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice underthis 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 and 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 or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.i2 The Department 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. .. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any 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 AcL 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 Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as 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. ~r+ FORM T2S030-pG PUBLIC TRANSP AOMIN 07!00 Page7N12 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, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take 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 pay or other forms of compensation; and selection for training, 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 or 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, inconspicuous places available to employees and applignts 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 alt the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Agency nor any of its contractors ortheir 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 lwo years thereafter has any interest, direct or indirect If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. 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 Governmental agency. ~~ FORM X25-070-06 PUBLIC TRANSP ADMIN onoo Page 8 a! 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 of this Joint Participation Agreementconstitutes acertification 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 Department Not Obligated to Third Parties: The Department shall not be obligated orliable hereunderto 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 the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainderwould then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in orderthat appropriate changes and modifigtions maybe 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 thatthe project facilities and equipment will be used by the Agenry to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment If the Agenry disposes of any project facility orequipment during its useful life for any purpose except its replacement 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 of the ratio of the Department financing of the facility orequipment 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 all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or VI/ FORM 725-030-05 PUBUC TRANSP ADMIN 07100 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 recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or 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(ti)(a), Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and iri no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either df the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required underthis 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. 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 reviewall 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 shalt be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment 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 c FORM 725030•.05 PUBIC TRANSP ApMIN 07!00 Page 10 of 12 terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contrail 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 30, 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 wri±ing 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 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used Herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the 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 awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have• been paid by the Agenry to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Fom~-LLL, "Disclosure Fonn to Report Lobbying," in acwniance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subavvards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this 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) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contractspecifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The FORM 725-036-06 PUBLIC TRANSP ADMIN 07/00 Page 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 property completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Fnance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptrollers 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 pro4ide 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 725-030.06 PUBLIC TRANSP ApMIN 07100 Page 72 of 72 Financial Project No. 407348-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY St Lucie County Board of County Commissioners FDOT COMPTROLLER FUNDING APPROVAL DATE: BY TITLE: ATTORNEY DEPARTMENT OF TRANSPORTATION ATTEST: TITLE: (SEAL) APPROVED AS TO FORM, LEGALITY DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS ATTEST: TITLE: (SEAL) `~1/ Fin. Proj. No.: 40734&1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners PROJECT LOCATION: St. Lucie County International Airport PROJECT DESCRIPTION: Fire Protection Equipment 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 reflect 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 SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A v '"`r EXHIBIT "B" PROJECT BUDGET Fin. Proj. No.: 407348-1-94-01 Contrail No.: Agreement Date: This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie Countv Board of County Commissioners I. TOTAL PROJECT COST: gip 000 II. PARTIGPATION: ~ Federal Particpation: FAa FTA, UMTa etc. 0.00% $0 ~ Agency Partidpation: ~ ~ I n-Kmd $0 Cash 20.00% $100,000 Other $0 ~ Maximum Department Participation: Primary (~) ~) (Dl~ (~~ 80.00% $400,000 , Federal Reimbursable (DU) (FRA) (DFTA) $0 Local Reimbursable (DL) $0 111. TOTAL PROJECT COST: $500~Oap E~diibit C Page 1 of 2 Fin. Proj. No.: 407348-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners Documents required to be submitted to the department by the Agency in accordance with the terms of this agreement SUBMITTAUCERTIFICATION BASIS FOR ACCEPTANCE Consultant Selection Compliance Agency Attorney's Certification Design Submittal* Engineer Certification" 100% Plans, Specifications and Contract Documents, signed and sealed by Registered Professidnal Engineer Construction/Procurement Department Letter Safety Compliance (a) Department Review (b) Agency Certification Release for Notice to Proceed Department Letter Annual Audit Reports Agency Certifigtion Completion Per Specifications ~ Agency Certification ' 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 " Criteria for development and certification of plans, specifications, and contract documents is defined in the DESIGN DEVELOPMENT CRITERIA Section of this Exhibit E~Cubit C Page 2 of 2 Fin. Proj. No.: 407348-1-94-01 Contract No.: Agreement Date: DESIGN DEVELOPMENT CRITERIA The plans, specifications, construction contract documents, and any and all other similar engineering, 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 "A' 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 compliance with the applicable requirements of these standards. ^ Federal Aviation Administration Regulations and Advisory Circulars ^ Florida Department of Transportation Standards of Design for General Aviation Projects ^ 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 applipble laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. Note: The current version(s) or edition(s) as of the execution date of the Engineering Agreement for the design of the project EXHIBIT "F" SPECIAL AIRPORT ASSURANCES FP No.: 407348-1-94-01 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 St. Lucie County Board of Couniy 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 agreement utilizing state funds for the project. However, there shall be no limit on the duration of the assurances with respect to real property acquired with project funds. 111. 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 yr control funded under the grant agreement. b. It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department, that good title will be acquired. c. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the Federal Airport and Airway Improvement Act of 1982, or successive legislation; the regulations and the terms, conditions and assurances in the grant agreement; and shall ensure that such arrangement also requires compliance therewith. ~.rr+' d. It will adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting, or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. e. It will make its airport available as an airport for public use on fair and reasonable terms. f. It will permit no exclusive rights for the use of the airport by any persons providing, or intending to provide aeronautical services to the public. g. All revenues generated by the airport will be expended by it for the capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the owner or operator of the airport and directly related to the actual aerial transportation of passengers or property. h. Once accomplished, it will keep up-to~late 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. ,~ AGENDA REQUEST ITEM NO.C-7 DATE: June 25, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT (x) T0: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:Roger A. Shinn SUBMITTED BY(DEPT):Central Services SUBJECT: Electrical Materials Installation, Inc. Records Storage Center Payment Draws BACKGROUND: The County entered into a contract with Electrical Materials Installation, Inc. to provide an electrical refit at the Records Storage Center. A Second Amendment has been prepared to modify the payment schedule for two (2) draws. PREVIOUS ACTION: 6/27/20 - Contract C00-06-463 1/16/01 - First Amendment (to incl. Juv. Court Fac. & & offices) FUND AVAIL.: 316-1930-546200-150097 Capital Fund RECOMMENDATION: Staff recommends Board approve the Second Amendment to modify the payment schedule for Phase II to provide two (2) draws to Electrical Materials Installation, Inc. (total: $40,570.) COMMISSION ACTION: [ X] APPROVED [ ] DENIED [ ] OTHER: CONCURREN D Anderson County Administrator Review and A roval ~'j~/J~ County Atty: ( ) ~ ~ Management & Sudgat: ( ) dj( Purchasing:() Origin. Dept:() Other:() Eff. 6/3/96 MEMORANDUM CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Director, Central Services DATE: June 19, 2001 SUBJECT: AGENDA REQUEST Second Amendment -Electrical Materials Installation, Inc. BACKGROUND: The County entered into a contract C00-06-463 on June 27, 2000 with Electrical Materials Installation, Inc. to provide an electrical refit at the St. Lucie County Records Storage Center. The First Amendment, January 16, 2001, was to include electrical work for the front ofthe Records Storage Center building (Juvenile Court Facility and offices. Staff is now requesting the Second Amendment to modify the payment schedule for Phase II to provide for two(2) draws. RECOMMENDATION: Staff requests that the Board approve the Second Amendment to modify the payment schedule for Phase II to provide two(2) draws to Electrical Materials Installation, Inc. R A. SHINN RAS:bk att. '~/ SECOND AMENDMENT TO JUNE 27, 2000 CONTRACT BETWEEN THE COUNTY AND ELECTRICAL MATERIALS INSTALLATION, INC. THIS SECOND AMENDMENT is dated this day of , 2001, by and between ST. LUCIE COUNTY (the "County") and ELECTRICAL MATERIALS INSTALLATION, INC., (the "Contractor"). WHEREAS, the parties entered into a Contract on June 27, 2000 to provide an electrical refit at the St. Lucie County Records Storage Center; and, WHEREAS, the parties amended the June 27, 2000 Contract on January 16, 2001 to include electrical work for the front of the Records Storage Center building (Juvenile Court Facility and offices) at an additional cost of forty thousand five hundred seventy ($40,570.00) dollars; and, WHEREAS, the parties desire to further amend the June 27, 2000 Contract to modify the payment schedule for Phase II to provide for two draws. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Paragraph 7 PAYMENT SCHEDULE is amended to read as follows: 7. PAYMENT SCHEDULE The County shall make payments on account of the Contract as follows: Upon the satisfactory completion of Phase I the contract and the delivery by the Contractor to County of satisfactory releases of liens and claims if applicable, the County shall pay the entire amount found to be due #o the Contractor, not later than forty-five (45) days after completion of the contract and the delivery of said releases of liens and claims. The County shall make payments on Phase II of the Contract as follows: 1. June 1, 2001 - 50% of Phase II payment 2. Satisfactory Completion -Remaining 50% of Phase II Payment g:\atty\°greemnt\Electrical Mat'Is 2A 2. Except as amended herein, the remaining terms and conditions of the June 27, 2000 Contract as amended shall remain in full force and effect. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: ELECTRICAL MATERIALS INSTALLATION, INC. ~. BY: ~ Print Name: ~~ (.~/t ~ h ~' ~•~ Title: 1'i=RS g:\atty\agreemnt\Elecirical Mat'Is 2A ~.r QOARD OF COUNTY COMMISSIONERS Memorandum (Progress of New Directives) June 25, 2001B000 Meeting TO: Board of County Commissioners FROM: Regional Recreation/Parks Needs Team DATE: June 21, 2001 v.r~C - b PARKS ~ RECREATION SUBJECT: New Directives Update Based on comments and discussion from the June 11"' BOCC meeting, the committee has compiled the following list of directives with responses. 1. Securing Professional Services- Advised to contact Glatting & Jackson and request a meeting with the commissioners individually to determine scope of services. Conduct an additional needs assessment to include input from volunteer groups. Response: Based on input received during the one-on-one meetings with the Commissioners, David Barth from Glatting, Jackson is drafting an agreement in which he is attempting to take in to consideration each Commissioner's objectives. 2a. Request for Proposals- Advised to put together an RFP to identify parcels of land that are appropriate for parks (100-150 usable acres). The RFP should solicit proposals from those propertv owners who currently do not have their property listed for sale, as well as, those that do Response: The RFP has been prepared and reviewed by the Commissioners. It will be distributed on June 22, 2001 and proposals will be accepted until 3: 00 PM on Wednesday, July 25, 2001. At such time as the proposals are opened, staff will compile the information and provide a report to the BOCC. JOHN C. DRUHN, District No. 1 DOUG COWARD. District No. 2 PAULA A. LEWIS. District No. 3 FRANNIE HUKHINSON, District No. 4 CLIFF 6ARNE5, District No. 5 County Administrator - Douglos M. Anderson 2300 Virginia Avenue Phone (561) 462-1515 • TDD (561) 462-1428 2b. Advised to put together an RFP for design/build (plans, pernutting, construction and sale). "Turn Key" Response: After the one on one meetings are concluded between the Commissioners and David Barth of Glatting Jackson and negotiations for the Continuing Services Agreement are complete, staff will have a better understanding on how to move forward 3. Revisit the Airport Property- Determine if any of the airport property can be used for a regional park and the associated costs. Response: Information was provided to the Commissioners with the June 19`h update. Staff is awaiting comment and/or direction from the Board 4. Supervisor of Elections/Legal aspects- Determine the latest possible date to put a referendum on the ballot and the associated costs. Response: Information was provided to the Commissioners with the June 19`"` update. Staff is awaiting the Board's decision as to the date that the Referendum will be placed on the ballot If it is the pleasure of the Board to come to a consensus date for the Referendum, it will allow for better planning and scheduling by staff and Glatting, Jackson if utilization of their services is approved. Staff will continue to move forward Additional Information: The Recreation Advisory Board met on June 18"`. The members brought to the table their list of what they felt were the most needed recreation facilities. The general consensus was that the County needed at least three (3) "regionally spaced community parks". These parks should be multi- purpose but do not necessarily have to have the exact same facilities (i.e- one park could have a gymnasium, another one could feature an Olympic course pool, etcetera).Therewri also a general consensus that the facilities need to be able to accommodate tournament. Due to its location and the fact that the County already owns the property, it was suggested that the Lawnwood Recreation area would be an ideal location for one of the parks and perhaps the first one that should be developed. Although the RAB members had varying thoughts on what they felt were the most needed facilities, basebalUsoftball, soccer/football and aquatic facilities were considered top priorities. More detail in reference to the individual members' priority listings will be provided in the "Meeting Minutes". ,~ `~ C: Doug Anderson, County Administrator Dan McIntyre, County Attorney 2 Millie Delgado, Recording Secretary ~/ ST. LUCIE COUNTY EROSION DISTRICT BOARD OF COMMISSIONERS John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA June 25, 2001 1. MINUTES Approve the minutes of the meeting held May 22, 2001. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 34 through No. 38 2. PUBLIC WORKS Engineering /Fort Pierce Beach Project -Consider staff recommendation to approve Work Authorization No. 4 (C-00-12-181) with Taylor Engineering, Inc. to provide Plans & Specifications Surveys in an amount not to exceed $7,996, and authorize the Chairman to execute the work authorization. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boazd at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request oP any parry to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings wW be granted an opportunity [o cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiting accommodation to attend this meeting should contact the St. Lucie County Cornmunity Services Manager at (i61) 462- 1777 or TDD (561) 462-1428 a[ least forty-eight(48) hours prior to the meeting. V J~\6 CpG r~ 'L,+ y ~ t ~ OR10Q' AGENDA REQUEST TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 ITEM NO. C-2 DATE: June 25, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Donald B. W ~ t, P.E. County Engineer SUBJECT: Work Authorization No. 4 (C-00-12-181) with Taylor Engineering, Inc. to provide Plans & Specifications Surveys for the Fort Pierce Beach project in the amount of $7,996.00. BACKGROUND: This work authorization is a request to proceed with the Plans & Specifications Surveys for the next nourishment of the Fort Pierce Beach project. Much of the survey work being accomplished under Work Authorization No. 2 (Beach & Inlet Monitoring) can be utilized in conjunction with the Plans & Spec's Surveys. However, additional profiles are required at 500 foot intervals. Also, all of the beach profiles and the borrow area bathymetric survey must be completed according to USACOE specifications. Staff recommends approval of Work Authorization No. 4 in order that this survey work may be done concurrently with the monitoring surveys and a substantial cost savings may be realized. This work is eligible for cost sharing (50%) under an existing grant agreement with FDEP. FUNDS AVAIL.: Funds have been made available in account no.184203-3710-563003-3630; Fort Pierce Beach Restoration Grant/1.3-Mile Beach/Erosion Control-Conservation. PREVIOUS ACTION: November 10, 1998: Board approved grant agreements with FDEP for beach & inlet activities. April 27, 1999: Board approved work authorization with Taylor Eng. for 1st and 2"d year monitoring. December 12, 2000: Board approved master consultant's agreement with Taylor Engineering, Inc. February 21, 2001: Board approved work authorization with Taylor Eng. for 3rd and 4th year monitoring. RECOMMENDATION: Staff recommends Erosion District Board approval of Work Authorization No. 4 (C-00-12-181) with Taylor Engineering, Inc. in the not to exceed amount of $7,996.00 and execution of said work authorization by the Chairman. COMMISSION ACTION: [~] APPROVED [ ]DENIED [ ]OTHER: Coordi ation/Si natu [x]County Attorney [x]Mgt. & Budg \ [x]Originating Dept. Public Works- [x]Co. Eng s Anderson Administrator [x]Budget & Revenue Coordinator Q~ K [x]Finance Department (Grants) ... '.~. .arc.: ~::Y i ~ .. ~ i. T ,1 Y' L ~r R E -v c ~ N. E E R i r~+' c i N c June 11, 2001 Mr. Richard Bouchard, P.E. St. Lucie County Engineering Division 2300 Virginia Ave. 2nd Floor Annex, Room 229 Ft. Pierce, FL 34982-5652 Re: Ft. Pierce Beach Plans and Specifications Surveys Dear Mr. Bouchard, I have attached the scope of services and cost proposal for the above-referenced project. These have been prepared assuming that we will piggyback the Corps of Engineers plans and specifications survey requirements for the upcoming 2003 renourishment project with the surveys already approved by St. Lucie County and scheduled for 2001 for monitoring the Ft. Pierce Beach Shore Protection Project. Performing one survey which fulfills the requirements of both the monitoring project and the upcoming renowishment project results in substantial cost savings. The present costs reflect the incremental costs, beyond the costs of the monitoring surveys, required to obtain survey data consistent with Corps of Engineers plans and specifications guidelines. Our fee to perform this project is $7,996.00. We will perform the scope of services outlined in Exhibit A for a fixed price of $7,996.00. The cost breakdown by task is presented in Exhibit B and the project schedule is presented in Exhibit C. Please feel free to contact me in case of questions or comments. i R. Bruce Taylor, Ph.D., P.E. President blw enclosures 9 0 0 0 CYPRESS G R E E .V CJ.R . S U I T E 2 0 0 J A C K S O N V I L L E F L 3 2 2 5 6 TEL 9 0 4 7 3 1 7 0 4 0 FAX 9 0 4 7 3 1 9 8 4 7 WORK AUTHORIZATION coo-is-isi `~ (WA ~f4) Engineering Services Related to Fort Pierce Beach Plans & Specifications Surveys Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District (the "District") and Taylor Engineering, Inc. (the "Consultant")dated December 12, 2000 (the "Agreement"), Consultant agrees to perform and successfully complete the scope of work as set forth in the Consultant's "Scope of Services", "Work Compensation Sheet", and "Project Schedule" attached hereto and made a part hereof as Exhibits, "A", "B", and "C", respectively. The District agrees to compensate the Consultant as set forth in Exhibit "B" and the work shall be completed in accordance with Exhibit "C". IN WITNESS WHEREOF, the District has as hereunto subscribed and the Consultant has affixed his, its, or their names, or name, on the dates below. WITNESSES: ST. LUCIE COUNTY EROSION DISTRICT BY: CHAHiPERSON COUNTY ATTORNEY WITNESSES: TAYLOR ENGINEERING, INC. Date: APPROVED AS TO FORM AND coRRECTNESS: BY: Print Name: Title: Date• I CIWP/MISC/TAYI,OR. WA t EXHIBIT A Scope of Services Ft. Pierce Beach Shore Protection Project Plans and Specifications Surveys Taylor Engineering (with its subcontractors) will perform beach and borrow area surveys, consistent with Jacksonville District Corps of Engineers (COE) guidelines, and provide the survey data to the COE to assist them in preparing plans and specifications for the next renourishment of Ft. Pierce Beach scheduled for 2003. Task 1. Beach Topographic and Hydrographic Survey Taylor Engineering will engage Morgan & Eklund, Inc. to perform beach surveys according to COE specifications. We will obtain beach monitoring surveys at approximately 500-ft intervals (each half and full FDEP monument) from R-34 to R-41 and at approximately 1,000-ft intervals (each full FDEP monument) from R-42 to R-46 extending from the FDEP monument to 3,000 ft offshore of the monument. Upon completion of the surveys, Taylor Engineering will submit the data to the COE. Task 2. Borrow Area Bathymetric Survey Taylor Engineering will discuss with and obtain from the COE the location of the 2003 prospective borrow area based upon existing data and knowledge. Taylor Engineering will engage Morgan & Eklund, Inc. to perform borrow area Bathymetric surveys according to COE specifications. We will obtain borrow area Bathymetric data with east-west lines at approximate 104ft line spacing. Based upon existing information, we believe we will survey about 53 line miles. Upon completion of the surveys, Taylor Engineering will submit the data to the COE. lofl CONFIDENTIAL NOT FOR PUBLIC RELEASE TAYLOR ENGINEERING, INC. Exhibit B COST SUMMARY BY TASK P2001-068: FT. PIERCE P&S SURVEYS Total Man-Days 0.500 Labor Cost 314.00 Non-Labor Units Cost Subcontract beach survey 1.0 5,250.00 Total Non-Labor Cost 5,250.00 Total Task 1 5,564.00 TASK 2: Borrow Area Survey Staff Professional 0.250 130.00 Total Man-Days 0.500 Labor Cost 314.00 Non-Labor Units Cost Subcontract borrow area survey 1.0 2,118.00 Total Non-Labor Cost 2,118.00 Total Task 2 2,432.00 Project Total $ 7,996.00 P2001-068 Ft. Pierce P&S Surveys.xls Staff Professional 0.250 130.00 ~. N N W O] ~ Q O N n M r ~ N Y a ~ E a ~ ~ ~ c Fi O n ~ d K ~ ~, n 7 - ~ N ~ _ O d N O G. 7 y m V mat{ ~ `o PVC ~ q =' d ~ ~ ~ H N ~ ~c,a a > ` E ~ m o .d ~ ~ ~ ~ ~ m d o o b o ~- m L n ~ n N o ~ n r p, ~ n n oo m LL ILL IL LL lL IL r _O _O O _O ~ L" „°.~ n C ~ n C n C n O N ~ ~ C O y q ~ T ~ T ~ N V W ~j C O j O N O N O ~ ~ W N r H N d a v c m ~ ~ {L N R a .° U n t O T .0.~ r O l0 C1 W t Z ~ ~0 m m d a O ~ y c0 v ~" ~ Y °' aTi " 'E m ~ > ~ ~ a o F r n (n ~. !A ~ c 0 ~_ ~ -- N M 7 v y ~ W ao ST. LUCIE COUNTY EROSION DISTRICT BOARD OF COMMISSIONERS John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA June 25, 2001 1. MINUTES Approve the minutes of the meeting held May 22, 2001. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 34 through No. 38 2. PUBLIC WORKS Engineering / NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Llpon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Arty party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462- 1777 or TDD (561) 462-1428 at leas[ forty-eight(48) hours prior to the meeting. 05/25/01 ST. LUCIE COUNTY - BOARD DATA FZABWARR WARRANT LIST ##34- 19-MAY-2001 TO 25-MAY-2001 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 7,672.57 GRAND TOTAL: 7,672.57 PAGE 1 PAYROLL 3,514.86 3,514.86 ,~+ 06/01/01 ST. LUCIE COUNTY - BOARD DATA FZABWARR WARRANT LIST #35- 26-MAY-2001 TO O1-JUN-2001 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 473.24 GRAND TOTAL: 473.24 e PAGE 1 PAYROLL 0.00 0.00 '/ . M y~ 06/08/01 ST. LUCIE COUNTY - BOARD DATA F7'~BWARR WARRANT LIST ##36- 02-JUN-2001 TO 08-JUN-2001 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 1,432.26 GRAND TOTAL: 1,432.26 PAGE 1 PAYROLL 2,343.24 2,343.24 06/15/01 ST. LUCIE COUNTY - BOARD DATA ',~+' FZABWARR WARRANT LIST ##37- 09-JUN-2001 TO 15-JUN-2001 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 41.49 GRAND TOTAL: 41.49 PAGE 1 PAYROLL 0.00 0.00