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Home My WebLink AboutAgenda Packet 07-22-03 ....,......., '- "wi AGENDA REQUEST ITEM NO. SA DATE: July 22, 2003 \, REGULAR [] PUBLIC HEARING [x] -" CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS , ' PRESENTED BY: SUBMITTEtJBY(DEPT): County Attorney - ' Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 03-30 - Designating St. Lucie County Sheriff as Chief Correctional Officer .' BACKGROUND: Sêe attached memorandum r FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA nON: Staff recommends that the Board adopt Ordinance 03-30 as drafted. Approved (5-0) ouglas Anderson County Administrator COMMISSION ACTION: - " ~ APPROVED [ ] DENIED [ ] OTHER: County Attorney: ,0 :-._#~<r- Review and Approvals Management & Budget Purchasing: Originating Dept, Public Works Dir: County Eng.: Finance: (Check for Copy only. if applicable) Eff _ 5/96 ~ AGENDA REOUEST ....,J ITEM NO. 6 DATE: 7-22-03 REGULAR [X ] \, PUBLIC HEARING [ CONSENT [] TO: BOARI) OF COUNTY CðMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin , SUBJECT: Approval of millage rates to be submitted to the Property Appraiser and set dates for public hearings. . BACKGROUND: The recommended rates were established pursuant to the budget reviews concluded by the Board on July 17,2003, and as required to meet special district, debt service, and related millage requirements. FUNDS A V AILABL,E: NA PREVIOUS ACTION: NA RECOMMENDATIÓN: Staff recommends the Board of County Commissioners approve the following: 1. Approve millage rates as outlined on "Worksheet Analysis of Roll-Back Millage Rate for Fiscal Year 2003- 2004" under the column headed "2003-2004 proposed millage." . 2.Set two publiC hearings on September 11 and 18 at 5:05 P.M. in the Roger Poitras Administration Annex Commission Chambers. 3. Authorize the County Administrator to be able to modify the millage rates between General Fund and Fine and Forfeiture Fund as long as the total county wide millage stays the same. Also, authorizing the County Administrator to transmit the millage rates to the Property Appraiser on Form DR-420. 4. Set aggregate millage at 8.9503 mills which is 15.69% over the roll-back rate for tax year 2003. --. [X APPROVED [ ] OTHER: [ ] DENIED NCE: COMMISSION ACTION: Approved (5-0) oug Anderson County Administrator ~'tounty Attorney: 'JVv-l Coordinati on/Signatures Management & Budget: XX rn~ Purchasing: Originating Dept: Public Works: Other: '- AGENDA REQUEST ....,¡ ITEM NO. 7A DATE: Julv 22.2003 REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) -" TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION SUBJECT: Grant Application sub.mittal to Florida Seaport Transportation a d Econ mic Development (FSTED) Council for the Acquisition and/or Development of up to Sixty-seven ') Acres of Port Property from Destin Beach Inc., 'Or its' successor. The application also includes the development ofthe twenty (20) acre Harbour Pointe .property. BACKGROUND: The County has received FSTED approval for this project. FSTED is now going through the allocation of funding process. As a part of the proèess, <they need Port Authority (BCC) approval to apply for the funding. .J FUNDS AVAllABlE-:' NIA PREVIOUS ACTION: r May 9, 2002 letter to John laCapra, President, Florida Ports Council (attached) May 14, 2002 approval by BCC (attached) to offer Destin Beach, Inc., $11,745,000 for 67 acres of Port property October 1,2002 approval by BCC of submittal of original grant application to FSTED for $6,000,000 RECOMMENDATION: Staff recommends that the Port Authority (BCC) submit a revised grant application to FSTED in the amount of $6,000,000 for the Acquisition and/or Development of up to 67 Acres of Port Property from Destin Beach Inc., or its' successor, the development of the twenty (20) acres Harbour Pointe Property and execution of the application by the County Administrator. COMMISSION ACTION: ~... "APPROVED 0 DENIED o OTHER: Approved (5-0) Doug as Anderson County Administrator Review and Approvals !=! County Attorney: !=! Management and Budget: !=! Purchasing: !=! Originating Dept: !=! Other: !=! Other: !=! Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the Sf. Lucie County Community Services Manager at 561-462-1777 or TTD 561-462-1428, at least 48 hours (48) prior to the meeting_ H:IWINIWPIAGENDAIFSTED03_Wpd '- \, ," íO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration " SUBJECT: Bi-Wèekly Committee Reports >wtI AGENDA REQUEST ITEM NO. 7B DATE: July 22,2003 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: BOCC BACKGROUND: At the April 11, 2ÒOO.Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, on a Þi-weekly Þasis. to give the Board an opportunity to provide updates on the vatìous Committees and Advisory Boards that they serve on. It has Þeen decided by the County Administrator that this item will'Þe placed on the agenda on the 2nd and 4th Tuesday of each month. FUNDS AVAILABLE: ,...N/A PREVIOUS ACTION: N/A RECOMMENDATION: This meeting the Board will provide updàtes on the following Committees and Advisory Boards that they serve on: Committee Blueway Advisory Committee ChamÞer of Commerce Board of Dir. Children's Services Council Cultural Affairs Council Friends of SLC LiÞrary Property & Homeowners St. Lucie County Fire District Transportation DLCB Treasure Coast Regional Planning Council COMMISSION ACTION: [ ] APPROVED [] DENIED ~ OTHER: Reports Given Meetin¡;¡ Date As Needed Monthly 2nd Thursday 2nd T ue6day 2nd Thur6day 2nd Wedne6day 3'd Wedne6day Quarterly 3'd Friday Dougl Ander60n County Administrator Commi66ioner Barnes Lewi6 Lewi6 Lewi6 Bruhn Barne6 Bruhn/Coward Lewi6 Coward/Hutchin60n '- .....; AGENDA REQUEST ITEM NO. C- A1 DATE: July 22, 2003 \, REGULAR [ ] HEARING [ ] CONSENT[X] -" PRESENTED BY: \ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Purchasinq , Ed Parker, Purchasinq Director SUBJECT: Permission to advertise Request for Proposals for 1 O-year naming rights for co-sponsorship with St. Lucie County for the Equestrian 'Arena Building at the Fairgrounds. BACKGROUND: To solicit vendors to provide proposals forthe naming rights for co-sponsorship with St. Lucie County for the Equestrian Arena Building at the Fairgrounds. County staff has worked with the Fair Association tó deveiop the specifications for the construction of the new arena. In addition to the horse events, the arena will be used for concerts -and other public events. FUNDS AVAILABLE:'N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise Request For Proposal (RFP) for 1 O-year naming rights for co-sponsorship with St. Lucie County for the Equestrian Arena Building at the Fairgrounds. COMMISSION ACTION: It] APPROVED [] DENIED [ ] OTHER: Approved (5-0) CE: Coordination/Siqnatures County Attorney:(X) 0/ 9--/~ Mgt. & Budget' Purchasing MgL:(X) Other: rtl/, Originating Dept Other: Finance: (Check for Copy only, if Appiicable) EIf,1/97 \.. .....I Agenda Request Item Number: Meetin~ Date: c It //). July 22,2003 \ Consent Regular Public Hearing . [ ] [ X ] [ ] [ ] Quasi-JD [ SUBJECT: Campus Master Plan - Agreement for Services To: Submitted By: Board of County Commissioners "Community Development BACKGROUND: , / As the Board is àware, the County has been working with Thomas Lucido and Associates to finalize a revised campus master plan for the Virginia Avenue Office Complex and for the Selvitz Road property that we will be obtaining as part of the development of the Midway Industrial Park, Phase III. Revised preliminary plans are being prepared and as we have previously discussed with the Board, we will be pres/mting these to you in the next few weeks. -- ,... FUNDS AVAILABLE: Funding will be made avaiìable from 316-1930-562004-16009 (campus master plan - building architecture) PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board authorize the final execution of these agreements, totaling a not to exceed amount of $25,500. Approved (5-0) ENCE: COMMISSION ACTION: iX=J -APPROVED D OTHER D ,DENIED alas M. Anderson ounty Administrator County Attorney Finance.: Environ. Resources; Coordination/ Signatures Mgt. & Budget: Fire Dept: Utility: Purchasing: Public Works: Engineering: (agend720a) AGENDA REQUEST ....¡ ITEM NO. C-A.3 Additions Date: July 22, 2002 Regular [ ] Public Hearing [ ] Consent [X] \, "" , TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEP!): County Attomey Heather Young Assistant County Attorney , SUBJECT: Ãlr Chart~r of Florida, Inc. - Consent to Transfer of Control to Twisting Air, Inc. BACKGROUND: See C.A. No. 02-963 '-- FUNDS A V AIL. (State type & No. oftransaétion or N/A): N/A ,... RECOMMEND A nON: Staff recommends that the Board of County Commissioners approve the proposed transfer of control of Air Charter of Florida, Inc. to Twisting Air, Inc. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: ou s M. Anderson County Administrator Approved (5-0) Coord ination/Si!?:n atu res Finance (Check for Mgl. & Budget: Purchasing: County Attorney: . Originating Dept.: Other: Other: -.,J AGENDA REQUEST /' 1 ITEM NO. l.-- ~ /) ll- DATE: July 22, 2003 \, REGULAR [] .. PUBLIC HEARING [] CONsENT [XX] TO: BOARD OF èOUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney.. Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 03-22 - Amending Chapter 1-9 "Garbage, Trash and Refuse" of the Code at Ordinances of St. Lucie County BACKGROUND: Sße attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board grant permission to advertise a public hearing on August 12, 2003, to consider the draft ordinance. COMMISSION ACTION: ouglas Anderson County Administrator. t ~. APPROVED [ ] DENIED [ ] OTHER: Approved (5-0) Review and Approvals 7'7~ County Attorney: IV Management & Budget Purchasing: Originating Dept, Parks & Rec. Dir: County Eng,: Finance: (Check for Capy only, if applicable) Eff,5/96 '- '-' AGENDA REOUEST ITEM NO.G? .2h DATE: July 22, 2003 , REGULAR [ ] PUBLIC HEARING [ ] "" CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Deputy Sheriffs' Blanket Bond. - BACKGROUND: See attached Memorandum No. 03-946. ,...' FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board authorize the Chairman to execute the bond. COMMISSION ACTION: E: -.... Xl APPROVED [ ] DENIED [ ] OTHER: Approved (5-0) Dou Anderson County Administrator County Attorney: ý Review and Approvals Management & Budget Purchasing : originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 '-'" 'wi AGENDA REQUEST ITEM NO. C-2c DATE: July 22, 2003 REGULAR [ ] \, PUBLIC HEARING [ ] -" CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney PRESENTED BY: Daniel McIntyre County Attorney , SUBJECT: ,y BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Environmentally Significant Land Program North Fork of the St. Lucie River Malcom N. Hall and Edwina H. Hall Joe Phillip Honey and Roma Honey Tax LD. 3433-432-0001-000/0 See attached memorandum ,... Funding is available in the North Fork of the St. Lucie River Project Account No. 382-3915-561000-310026 On May 22, 2001 the Board budgeted funds ta proceed with due diligence on those parcels on the priority list where there are willing sellers along the North Fork of the St. Lucie River. This property was identified as one of the parcels. Staff recommends that the Board approve the Contract for Sale and Purchase, authorize the Chairman to execute the Contract for Sale and Purchase and direct staff to proceed with the closing and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: Do as M. Anderson County Administrator u/' Review and ApDrovals ß" [X] County Attorney:~ [x] Management & Budget: U() hJ~~] Engineering: [ ] Originating Dept:_ [x] Community DevelOP* ] Public Works:_ Approved (5-0) '-' ....I AGENDA REQUEST ITEM NO. C3A DATE: July 22,2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] , , SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 ~ TO: BOARD OF COUNTY COMMISSIONERS rv1ichael Powley, P. County Engineer SUBJECT: License Agreement and Synchronization Agreement,with the Florida East Coast Railway for the Midway Road Grade Crossing east of Glades Cutoff Road. . BACKGROUND: The attached License Agreement and Synchronization Agreement with the Florida East Coast Railway is to construct, use, maintain, repair, and renew an at-grade public road crossing for Midway Road. The Railway will install the warning devicès and replace the existing grade crossing along with other improvements for an estimate of $429,684.00. This work is part of the County's Midway Road and Glades Cutoff Roaçf.Jntersection Improvements project. The cost of this work has been anticipated in our project estimates. FUNDS AVAIL.: Funds will be made ãvailable in 316-4115-563000-410045 County Capital/Engineering/Public Works from loan proceeds. PREVIOUS ACTION: July 23, 2002 - Board approved Work Authorization No. 6 (COO-1 0-1 07) to the Contract for Roadway and Intersection Design with LBFH, Inc. - Midway Road and Glades Cutoff Road Intersection Improvement Redesign Modifications in the amount of $279,025.00. November 4, 2002 - Board approved Work Authorization No. 7 to the contract for Roadway and Intersection Design with LBFH, Inc. - South Jenkins Road Extension Project "P" in the amount of $349,480.00. March 18, 2003 - Board approved Work Authorization NO.8 (COO-1 0-1 07) with LBFH for signalization of Midway Road and Torino Parkway in the amount of $47,795,00. April 15, 2003 - Board approved Work Authorization NO.1 (COO-05-492) for Construction Management Services with American Consulting Engineers of Florida, LLC, for Midway Road and Glades Cutoff Road Intersection Improvements; South Jenkins Road Extension; and coordination forthe installation of waterline on Glades Cutoff Road in the amount of $775,336,80. June 24,2003 - Board awarded Bid No. 03-056, Midway Road and Glades Cutoff Road Intersection Improvements and Midway/Glades Cutoff Road Utilities Extension-Phase IA to Community Asphalt Corporation in the amount of $5,028,653.61. July 8,2003 - Board approved Work Authorization No. 16 (COO-11-179) for Soil Testing Services with Dunkelberger Engineering & Testing, Inc" for Midway Road and Glades Cutoff Road Intersection Improvements in the amount of $40,000.00. '- ...I ITEM NO. C3-b DATE: July 22,2003 AGENDA REQUEST , , REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOA:.RDOF COUNTY COMMISSIONERS PRESENTED BY: , SUBMITTED BY (DEPT.t ' ENGINEERING DIVISION (4115) SUBJECT: - Work Autnorization No, 10 with Kimley-Horn Associates, Inc. for Roadway and Intersection Design at Edwards Road and Selvitz Road in the amount of.$9,230, for mast arm signal design and related geotechnical exploration of the Edwards Road and Selvitz Road intersection. BACKGROUND: On June 15, 1999, S1. Lucie County entered into an agreement with Kimley-Horn and Associates to provide design and permitting services for Edwards Road and Selvitz Road Intersection Improvements. The Project includes expansion of the intersection to include turn-lanes and stormwater treatment. Construction is funded in the Capital Improvement Program approved by the Board in 2002. Over the last 2 years, the County has been working to secure property for expanded right-of-way and a stormwater retention pond. In February of 2002, a retention pond site was purchased adjacent to Five Mile Creek. Stormwater will be routed eastward from the intersection towards Five Mile Creek, and treated for water quality improvement prior to discharge. The roadside swales and driveway culverts along Edwards Road will be improved to provide a conveyance system to route stormwater to the retention pond. A mast arm signal is proposed for the intersection. The atfached Work Authorization outlines the scope of service to be provided to accomplish the structural analysis and design of the mast arms for the signal system. Additionally, this includes geotechnical exploration to evaluate subsurface conditions for use in the mast arm foundation design. FUNDS AVAilABLE: Funds will be made available in 101002-4112-563021-4114- Transportation Trust/Constitutional Gas Tax- Reimbursables and 101002-4112-563005-4114 Transportation Trust/Constitutional Gas Tax-Engineering. PREVIOUS ACTION: 6/15/99 - Board approved the work authorization with Kimley-Horn for design of intersection improvements at Edwards Road and Selvitz Road. 2/20/01 - Board approved the work authorization with Kimley-Horn for retention pond analysis. 9/18/01 - Board approved the work authorization with Kimley-Hom for additional survey and engineering for the development of legal sketches and description associated with the pond improvements. 2/12/02 - Board approved the purchase of the retention pond site. 3/15/02 - Board approved the work authorization with Kimley-Horn for a boundary survey of the retention pond. 4/15/03 - Board approved the work authorization with Kimley-Horn for surveying, design of stormwater conveyance system and swale improvements, and the preparation of sketch and legal descriptions. '- ....,¡ RECOMMENDATION: Staff recommends that the Board approve the attached Work Authorization NO.1 0 with Kimley-Horn and Associates, Inc. in the amount of $9,230, for mast arm signal design and related geotechnical exploration of the Edwards Road and Selvitz Road intersection, and signature by the Chairman. \, COMMISSION ACTION:" ,] APPROVED [ ] OTHER Approved (5-0\ [ ] DENIED \ , [x] COJJnty Attorney - I~ Ix] County Engineer Wlf [x] Budget & Rev, Coor. . bAn. (Check for copy only, if applicable) '.' J' ,... [x] Mgt. & B "dg" ~ ~ '" 0'.."'"9 O,p'. '}'~., :dl<l [x] Project. Man.' [x] Road & Bridge [xl Purchasing Dept. , l/ '- AGENDA REQUEST ....,.J ITEM NO. ~ - 3~ DATE: July 22,2003 \. REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: TO: BOAR~ OF COUNTY COMM!SSIONERS SUBMITTED BY(DEPT):, Enqineerinq ichael Powley, P.E. County Engineer , SUBJECT: Grey Twig Lane MSBU - Potable Water (PSL Utilities) Approval of Amendment No.2 to Work Authorization NO.9 to the Agreement for Continuing Engineering Services with LBFH, Inc., in the amount.of $3,400.00 for additional engineering services in the redesign of the potable water main location. . BACKGROUND: Y' On September 18, 2001, the Board created the Grey Twig Lane MSBU to provide potable water improvements. ,... On March 19,2003, County staff held another informal meeting with the residents to discuss the redesign of the water main location within the roadway, at a cost increase, in lieu of the swale area which may impact the pr~servation of the oak trees. It was the consensus of the residents to proceed with the project, on the condition that the redesign cost will not further increase. FUNDS AVAIL.: Per Budget Resolution No. 01-259: 399-4115-531000-38005 PREVIOUS ACTION: September 18,2001 - Board created the Grey Twig Lane MSBU. October 10, 2000 - Board approved W.A. NO.9 with LBFH to prepare a conceptual design and cost estimate. March 26, 2002 - Board approved Amendment No. 1 to W.A. No. 9 with LBFH to provide the final design, permitting, and bidding services. RECOMMENDATION: Staff recommends approval of Amendment No.2 to Work Authorization No.9 to the Agreement for Continuing Engineering Services with LBFH, Inc., in the amount of $3,400.00, for additional engineering services to redesign the potable water main location, and authorize the Chairman to execute the Work Authorization. '-' COMMISSION ACTION: It] APPROVED [] DENIED '[l OTHER: Approved (5-0) I~C,",' ",,,",,_? [X]Publlc Works Dlr ~ . IX 1';'~'-5 .. "'" , " ,... g\eng\wplmsbuprog\msbuprojlgreytwig\aga-eng3. wpd RENCE: ----- ouglas M. Anderson County Administrator Coo rd i nationlSi qnatu res [X ]M9;. & Budget 'VZlJ 1)\1 []Util Dir: [ ]Purchasing [X]MSBUCO~ ~ ...." ITEM NO, c-Jd DATE: July 22, 2003 AGENDA REQUEST \, REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: .... , BOARD 'OF COUNTY COMMISSIONERS PRESENTED BY: , SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SÚBJECT: Accept the project; release the retainage in the amount of $15,572.50; and make Final Payment in the amount of $15,572.50 to Sheltra & Son Construction, Inc. for the Camino Court Culvert Replacement & Canal Restoration Improvement Próject :The project has been completed in accordance to the plans and specifications, .J BACKGROUND: . The project resulted in the removal of a fåiled corrugated metal culvert pipe and resulting sediment build-up within the waterway restoring the drainage way to its original channel depth and installing a new reinforced concrete culvert))ipe. FUNDS AVAILABLE: Funds are availéble in Fund No. 101003-41131-563000-430027 Transportation Trust / Local Option Culverts. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board accept the project; release the retainage in the amount of $15,572.50; and make Final Payment to the Contractor, Sheltra & Son Construction, Inc., in the amount of $15,572.50 for the Camino Court Culvert Replacement & Canal Restoration provement Project ~ APPROVED [ ]. OTHER [ ] DENIED COMMISSION ACTION: Approved (5-0) Ix] County Attorney Ix] Praject. Manager [x] Road & Bridge ')~ ~I)J'" ~ [xl Mgt. & Budgel ~ [xl Originating Dept. Public Works ~. ~ [xl Engr, Dept. Rev. Caor,' 6'f\ M. [xl Purchasing Dept. . y- [ ] ERD (Check for copy only, if applicable) '-' -....I AGENDA REQUEST ITEM NO. C-3E DATE: July 22, 2003 \, REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS .... SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) , SUBJECT: . - Request for a Public Hearing on Brown Ranch Mine Permit Application (Modification). The permittee is requesting a major modification in increasing the Phase II pit by approximately 77 acres. The permittee is requesting to schedule a public hearing for August 19, 2003 or soon there after. This public hearing will be in conjuction with Còmmunity Dev~lopment. The August 19, 2003 Board meeting will begin at 6:00 P.M. ',' BACKGROUND: The Brown Ranch Mine i$ located in northern St. Lucie County (S17, 18, 19 & 20rr34S/R39E) just west of 1-95 and south of Indrio Road: The existing 20-year permit was approved on November 5, 1996 and included two 40-§cre pits totaling 80 acres. A minor mopification was previously done on October 28, 1998 that did not require Board action. This increased the Phase I pit and decreased the Phase II pit but kept the total of 80 acres. FUNDS AVAILABLE: N/A PREVIOUS ACTION: November 5, 1996: Board approved a Class II Permit for a period of twenty years. November 26, 2002: Board approved a request for a public hearing on January 7, 2003. December 17,2002: Board approved a request to reschedule public hearing for January 21,2003. March 4, 2003: Board approved a request to reschedule.a public hearing for April 22, 2003. RECOMMENDATION: , Staff recommends Board approval for a public hearing date of August 19, 2003 or soon there after to consider the application of the Brown Ranch Mine for a ma' r modification to their mining permit. - COMMISSION ACTION: _~ APPROVED r 1 DENIED [ ] OTHER Approved (5-0) [x] Originating Dept. Public Works ~-\ft. [x] Community Developmen~ . '- Ix] Caunty Attorney ~~ OJ h {x) Env. Res. Div. . (Check for copy only, if applicable [ ] Mgt. & Budget I I BUdget & Rev. Coor. \...- .-...1 ITEM NO. C-3f DATE: July 22, 2003 AGENDA REQUEST \ REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BO~RD .oF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.):' ENGINEERING DIVISION (4115) , P.E. SUBJECT: Work Authorization No. 9 to the continuing engineering services agreement with Kimley-Horn and Associãtès, Inc..to provide design services for the construction of a sidewalk along the north side of Juanita Avenue from East 21st Street to US 1. The scope of work is to collect survey data, prepare construction drawings and prepare and submit permit applications. ... BACKGROUND: St. Lucie County, recently constructed a sidewalk along the north side of Juanita Avenue from 25th Street to the East 21 5t Street. Currently, Kimley-Horn afld Associates, Inc is producing plans for the replacement of the Juanita Avenue Bridge over Tayl9f Creek. These plans call for a raised sidewalk to be constructed along the north side of the bridge. The design service requested, to be rendered under Work Authorization No, 9, would provide construction plans for a sidewalk that would tie East 21 5t Street to U.S. 1. FUNDS AVAILABLE: Funds will be made available in Fund No. 101003-4113-563003-4700 in the amount of $7,480 and Fund NO.1 01 003-4113-563005-4700 in the amount of $21 ,866 Transportation Trust - Local Option. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board approve Work Authorization NO.9 with Kimley-Horn and Associates, Inc. to provide design services for the construction of a sidewalk along the north side of Juanita Avenue from East 215t Street to U.S. 1, in the amount of $29,346, and auth e the Chairman to sign. ~.APPROVED [ ] OTHER [ ] DENIED COMMISSION ACTION: Approved (5-0) [x] County Attorney Ix] Praject. Manager [x] Road & Bridge ')~!,.. OJ.... t:M/oI '~,.p [x] Mgt. & Budget f,tf) fYì ~ [x] Originating Dept. Public Works ~. [xl Engr. Dept. Rev. Coor. 6f\ t\ [x] Purchasing Dept. - J [ -] ERD (Check for copy anly, if applicable) \. ......; AGENDA REQUEST ITEM NO: C4A \, DATE: July 22, 2003 REGULAR [ PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS " SUBMtTTED BY:, Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT : IN~ERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF SAINT LUCIE COUNTY AND SAINT LUCIE COUNTY FOR THE OPERATIONS/USE OF SOUTH , COUNTY REGIONAL STADIUM - BACKGR0ÙND: The School Board and Saint Lucie County agree to use South County Stadium for all footb,all and Soccer events scheduled by the high schools as home field. Both parties recognize the need to coordinate their efforts in operating,the Stadium in order to prevent duplication of services. This agenda requests the Board's approval of the interlocal operations agreement as drafted by the County Attorney, and further authorize ~he Chairman to sign. FUNDS ARE AVAILABLE IN: N/A RECOMMENDATIO~: Staff recommends that the BOCC approve the South County Stadium Interlocal as drafted by the County Attorney and authorize the Chairman to sign. COMMISSION ACTION: [X,J c ] APPROVED OTHER: DENIED Approved (5-0) Review and Approvals County Attorney:~ ~J'~ Originating DePt.~ Management & Budget Purchasing: Other: Finance: '-" ...., AGENDA REQUEST ITEM NO: C4B DATE: July 22, 2003 REGULAR [ ] PUBLIC HEARING [] \, CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS ;, SUBM!TTED BY; Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: INTERLOCAL AGREEMENT BETWEEN SAINT LUCIE COUNTY AND SAINT LuéIE WEST SERVICES DISTRICT , BACKGROUND: On June 3, 2003, the Board of County Commissioners approved ~ Agenda-è3A, authorizing the transfer of the necessary funds to cover the irrigation project at Thomas J. White Stadium. Saint Lucie West Services District has already agreed with the terms of the agreement. This agenda requests the Board's approval of the interlocal agreement as drafted by the County Attorney, and further authorize the Chairman to sign. PREVIOUS ACTION: N/A FUNDS ARE AVAILABLE IN: N/A RECOMMENDATION: Staff.. recommends that the BOCC approve the inter local agreement ai drafted by the County Attorney and authorize the Chairman to sign. [)tJ [ i APPROVED OTHER: DENIED E: COMMISSION ACTION: Approved (5-0) Dou 1 s M. Anderson County Administrator Review and Approvals Ooon" ."o"".y,~ Originating Dept - Management & Budget Purchasing: Other: Finance: ~ ~ AGENDA REQUEST ITEM NO. c,5A DATE: July 22,2003 \ REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] INVESTMENT FOR THE FUTRURE -" TO: BOARD OF COUI'{I'Y COMMISSIONERS DIRECTOR '. , . SUBMITTED BY(DEPT):\CENTRAL SERVIÇES PRESENTED BY: ROGER SHINN , SU!3JECT: SUMMIT CONSTRUCTION MANAGEMENT, INC: FINAL PAYMENT RELEASE OF RETAINAGE BACKGROUND: On September 10, 2003 the Board of County Commissioners approved entering into contract #C02-09-630 'yvith Summit Construction Management for the construction of the South County Stadium Restrooms/Concession Building. This project is now complete and' has been inspected and approved by Project Manager, Don McLam. Each invoice received by the contractor reflects 10% retainage, as specified in the contract, until completion. Staff is requesting release of final payment and retainage in the amount of $120,492.00, (final g.ayment of $83,535.10) and ($36,956.90 for retainage). FUNDS AVAIL: 316-7516-562000-795021310002-7516-562000-79502 00'1-7516-562000-79502(Buildings) 316-0000-205100-795021310002-000-205100-79502 001-0000-205100-79502(Accounts Receivable/Retainage) PREVIOUS ACTION: The Board of County Commissioners approved Change Order #1, Contract #C02-09-630 with Summit Construction for the South County Stadium Restrooms/Concession Building. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the final payment of $120,492.00, (final payment of $83,535.10) and ($36,956.90 for retainage) to Summit Construction Management for the completion of the South County Stadium Restrooms/Concession Building. Approved (5-0) Anderson County Administrator . /,cl-h' Purchasing Mgr.: ~~ MISSION ACTION: ~~- APPROVED [] DENIED [ ] OTHER: County Attorney:. -', Originating Dept(...,{[,w/ Finance: (Check for Copy only, if Applicable) Other: Other: ,,,,.....- Eff. 1/97 ~'\~~P"ñ~\Ä~~nda-S County Retainage.vpd ~ ~ ITEM NO. C-5b DATE: July 22, 2003 AGENDA REQUEST REGULAR [ ] "INVESTMENT POR THE FUTURE" PUBLIC HEARING [ ] CONSENT [x] TO: BbARD OF COUNTY COMMISSIONERS . . SUBMITTED BY (DEPT.):';. ENGINEERING D~VISION (4115) " SUBJECT: AwaraBid No. 03-066, Orange Avenue Canal, Starr Farms culvert replacement project. This project will replace the fåiling 132-inch arched corrugated metal pipe with a 16-foot span by 10-foot rise precast concrete culvert system. BACKGROUND: On Juae 30, ?903 bids were opened for the Orange Avenue Canal, Starr Farms culvert replacement project. There were "816 companies notified, 17 sets of bid documents were distributed and two (2) bids were received. The bids were checked usin9 the unit prices that were provided. The lowest bid was submitted by Johnson-Davis, Inc. in the amqunt of $203,255, Due to the substantial differences in the two bids received, staff contacted Mr. Scott Jo~nson of Johnson-Davis, Inc. regarding his bid. Johnson-Davis, Inc. has indicated thatfue bid is valid and will be honored. , Johnson-Davis, Inc. is among our best contractors. They have completed several jobs within St. Lucie County over the' past few years. These projects include: Orange Avenue over C-24/ C-25 Canal, Sunrise Boulevard at Platts Creek, Sunrise Boulevard at MerrittDitch, and Oleander Avenue at DiGiorgio Road culvert replacement projects. The scope of work required to complete the Orange Avenue Canal, Starr Farms culvert replacement project does not significantly differ from that required by any of these projects. FUNDS AVAILABLE: Funds are available in Orange Avenue Canal Stormwater Fund No.1 02001-3725-563000-4257 Drainage Maintenance MSTU - Stormwater Management. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends award of Bid No. 03-066, Orange Avenue Canal, Starr Farms culvert replacement project, to Johnson-Davis, Inc., the lowest bidder, in the amount of $203,255, establish the project budget as outlined in the attached memorandum and authorization for the Chairman to sign the contract as prepared by the County Attorney. [J-APPRQVED n OTHER [ ] DENIED Approved (5-D) (~~. COMMISSION ACTION: [.[Co"," Mo"", ~ OJ " ¡x] Project Manager 1Þ [x] Road & Bridge '-' ~ AGENDA REQUEST ITEM NO, C-6a DATE: July 22, 2003 \, REGULAR [ ] HEARING [ ] CONSENT [X] "" TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: \ SUBMITTED BY (DEPT): PURCHASING , Edward Parker Purchasing Director SUBJECT: AWard Bid #03-051 Landfill C&D Debris Processing Equipment/Facility, BACKGROUND: On June 25, 2003 bids were opened for Public Work Department, Solid Waste Division, Four hundred and thirty-eight (438) vendors were notified, eleven (11) sets of bid documents were distributed and two (2) bids were received. The apparent low bidder (CBI) has been declared non- responsive for not Pf9viding a fully functional processing equipment/system as specified. Lubo USA, Inc submitted the secofíd lowest bid in the amqunt of $1 ,818,679. Staff recommends acceptance of Lubo USA Inc. bid, with the cost saving adjustment of (-$389,167.21) for a total of $1 ,429,511.79, FUNDS AVAIL: Project budgeted in Account #401-3410-562000-300 - Sanitary Landfill Building PREVIOUS ACTION: N/A RECOM,MENDA TION: . Sta~ reco~mends the award of bid #03-051, to Lubo USA, Inc, the only responsive and responsible bidder, In the amount of $1,429,511.79, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: ~ DCj APPROVED [] DENIED [ ] OTHER: Approved (5-0) Coordination/Signatures County Attorney:_X ~ ~ ,1.-. j'j~ v ? Originating Dept:_ Mgt. & BUdget:X~~ Other: Purchasing Mgr.:_X d I Other: Finance: (Check for Copy only, if Applicable) G,\COMMON\ED\AGENDA 2003\07,22-03\C'DDEB_Dn~ \wr '....I AGENDA REQUEST ITEM NO. C-6b DATE: July 22,2003 , , REGULAR [ ] HEARING [ ] CONSENT [X] -" TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEfT): PURCHASING PRESENTED BY: , Edward Parker Purchasing Director SUBJECT: Award Bid #03-052 Landfill C&D Debris Grinder Equipment. - -~ BACKGROUND: . On June 25, 2003 bids were opened for Public Work Department, Solid Waste Division. One thousand and two hundred (1200) vendors were notified, Twenty-six (26) sets of bid documents were distributed and two (2) bids were received. The lowest responsive and responsible bid was received from Continental Biomass Industries, Inc., for$622,616.80. Staff recommends acceptance of Continental B ¡amass Industries bid, with the cost saving adjustment of (-$22,500) for a total of $600,116.80. . FUNDS AVAIL: Project budgeted in Account #401-3410-562000-300 - Sanitary Landfill Building ,... PREVIOUS ACTION:.N/A RECOMMENDATION: Staff recommends the award of bid #03-052, to Continental Biomass Industries, Inc, in the amount of $600,116.80, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: - .. ~ APPROVED [] DENIED [ ] OTHER: Approved \5-0) D Anderson County Administrator Coordination/Signatures County Attorney; (X) (ì~ ~ IJ J h i/ Originating DepL My' & ''''g,t (X~ 1IJ1If¡ Other: Purchasing Mgr,:(X) L!P (~ / Other: Finance: (Check for Copy only, if Applicable) G,\COMMON\ED\AGENDA 2003\07-22-03\C"DDEB GRINDER. DOC ~ '""'" AGENDA REQUEST ITEM NO. C-6c \, DATE: July 22, 2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] ... , TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DE~n:\ PURCHASING Edward Parker Purchasing Director " SUBJECT: Bid #03-053 Landfill C&D Debris Processing Facility - Reject all bids. BACKGROUND On'June 25, 2003 bids were opened for Public Work Department, Solid Waste Division, One thousand and two hundred (1200) vendors were notified, Twenty-six (26) sets of bid documents were distributed and two (2) bids were received. Per attached memo, we recommend the rejection of all bids. , FUNDS AVAIL: N/A PREVIOUS ACTIOW"N/A RECOMMENDATION: Staff recommends rejecting all bids.' Staff will revise the specifications and re-bid the project. COMMISSION ACTION: 'X] APPROVED [] DENIED [ ] OTHER: E: - Approved (5-0) Doug Anderson County Administrator Coordination/Signatures County Attorney: IX) 1.!sc.. ,l... 1).1 .,,< '-'if Mgt. & Budget: /J Purchasing Mgr.:,jX) £II Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) G,\COMMON\ED\AGENDA 2DD3\01-22,D3\REJECT PROC FAC.DOC "" """" AGENDA REQUEST ITEM NO. C-6d DATE: July 22,2003 \, REGULAR [ ] HEARING [ ] CONSENT [X] " TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPr): Purchasinq , Ed Parker, Purchasinq Director SUBJECT: Bid Waiver and Piggyback City of Port St. Lucie Bid #S--200201 04 LTC Industrial Park Off- Site Utility Improvements. BACKGROUND: On July 30, 2002 the City of Port St. Lucie awarded contract #20020104 for LTC Industrial Park Off-Site Utility Improvements to Astaldi Construction Corporation. In accordance with the County Purchasing Manual, the Utilities Department staff requests a waiver of the bid process and permission to piggyþack City of Port St. Lucie contract #20020104 for a not to exceed amount of $2,400,000. FUNDS AVAILABLE: Phase IB Accåunt #316-3600-563000-35102 Phase II & "' Account 316-3600-563000-36214 PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the waiver of the bid process, award of a contract to Astaldi Construction Corporation to provide Seminole Line Extensions for a not to exceed amount of $2,400,000 and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: txJ' APPROVED [] DENIED [ ] OTHER: Approved (5-0) CE: Coordination/Signatures County Attorney:(X) ').~- t" ¡J f r¡ Originating Dept (x) Finance: (Check for Copy only, if Applicable) Mgt. & Budget (X) tøJ /Î'fJ/ì¡ 0/ Purchasing Mgr.:(X) &II' Other: Other: Eft, 1/97 ~ .-..,,; AGENDA REQUEST ITEM NO. C-6e DATE: July 22, 2003 , , REGULAR [ ] HEARING [ J CONSENT [X] ." TO: BOARD OF COUNTY COMM'ISSIONERS PRESENTED BY: SUBMITTED BY (DEPJ):' Purchasinq Ed Parker. Purchasinq Director , SUBJECT: Permission to advertise (IFB) Invitation For Bid for Runway 14-32 Overlay at the St. Lucie Caûnty I ntemàtional Airport. BACKGROUND: To solicit vendors to provide all material and Labor for Overlaying of Runway 14-32 at the St. Lucie County International Airport. 'J FUNDS AVAILABLE: N/A r PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise Invitation For Bid (IFB) for the Overlaying of Runway 14-32 at the St. Lucie County International Airport, COMMISSION ACTION: E: ~.., )(J APPROVED [] DENIED [ J OTHER: Approved (5-0) Doug Änderson County Administrator Coordination/Signatures County Attorney:(X) ~ð"" 0..> h Originating Dept: Finance: (Check for Copy only, if Applicable) Mgt. & Budget C ) Purchasing Mgr.:(X) Other: d/ Other: Eft. 1/97 / ~. ....,.1 AGENDA REQUEST ITEM NO. C -1 DATE: July 22,2003 51. Lucie County INTERNATIONAL AIRPOR on Florida's Treasure Coast \ REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] " , TO: -BOARD Of COUNTY 'COMMISSIONERS PRESENTED BY: SUBMITTED BY:' . Airport Paul A. Phillips SUBJECT: AuthOiiz~ staffto negotiate wÚh the top' two (2) ranked aviation general consultant firms, PBS&J, and ,Kimley Horn & Associates~ to provide general engineering services, to include planning, programming, engineering, and technical management services for aviation projects at St. - Lucie Côunty International Airport. BACKGROUND: In 1998, the airport entered into engineering agreements to provide specialized aviation services at the airport. For the pašt five years, the airport has had four general consultants that have provided specialized aviation services for infrastructure development projects. These aviation generai-tonsultants have assisted with the preparation of applications and documents for Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT) grant funding. Additionally, these cOI1sultants have provided aviation related planning services, airport master plan and l~out plan development, airport design and engineering, value engineering and cost estimating, along with the preparation of bid documents, construction observation, inspection and project coordination, and other associated tasks. FUNDS AVAILABLE IN ACCT#: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board authorize staff to negotiate with the top two (2) ranked aviation general consultant firms, PBS&J, and Kimley Hom & Associates, to provide general engineering services, to include planning, programming, engineering, and technical management services for aviation projects at St. Lucie County International Airport. COMMISSION ACTION: '~'APPROVED [ lDENTF.D [ ]OTHER: Approved (5-0) Reviews & Approvals ~ County Attorneyg' _ . ¡10MB Originating Dept: J Other: Finance:(Check p y, if applicable) /l Purchasing (;J r Other: "w'. AGENDA REQUEST 'WI' ITEM NO. C- g DATE: July 22, 2003 \ REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] " , . TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Budget Resolution 03-165 for a $100,000 grant from the Florida Department of Juvenile Justice to continue the St Lucie Mental Health Program Grant BACKGRÒUND:'On July 1, 2001 the S1., Lucie County BOCC was awarded $100,000 for the Juvenile Delinquency Prevention Program, The funding was applied towards Juvenile Mental Health activities coordinated by the Kids Connected by Design. In June of2002, and again in June of2003, the grant was renewed for another year by the Department of Juvenile Justice. A budget resolution is necessary to appropriate and expend the funding beginning on July 1, 2003. FUNDS A V AlLABLE: See the attached budget resolution PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners Budget Resolution # 03-165 for the renewal of the S1. Lucie Mental Health Program Grant., and accept the Grant Renewal Agreement #2044.and authorize its execution. COMMISSION ACTION: NCE: '1t"] APPROVED [] DENIED [ ] OTHER: Approved (5-0) oug Anderson County Administrator CoordinationlS i gnatures County Attorney: XX ~ Management & Budget: XYi) Ht Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) XX N1 M ~Chasin (T' r ",. Other: ~ , ..", \ AGENDA REQUEST ITEM NO. C-2 DATE: July 22, 2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] ... '. TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY(DEP1:): Mosauito Control SUBJECT: Declaràtion of Surplus Property James R. David BACKGROUND: In order to meet the requirements of Chapter 388.323, Florida statutes, District surplus equipment must first be offered to other Mosquito Control Districts througti the Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control, prior to conducting a public auction of the equipment. A list of the indMdual property record numbers each surplus item is provided ~?~ Board consideration. FUNDS AVAIl.: NIA PREVIOUS ACTION: Board approval of SUrplus Sales in FY'03 Budget RECOMMENDATION: Staff recommends Board approval to surplus the DiStrict equipment referenced in the attached list, Board authorization to offer the surplus equipment to interested Mosquito Districts at the values estimated for those items and consideration for 'Best Offers'. and Board approval to publicly auction the surplus equipment that is not successfully bid upon by any other District. Approved (5-0) COMMISSION ACTION: i~'APPROVED [] DENIED [ ] OTHER: ~ Attorney: Review and Approvals ~nt & Budget ~asing: ~nating Dept. Finance: (Check ti Copy only, if applicable)_ Other: Other: Eff. S196 ~ ..." AGENDA REQUEST \ ITEM NO. C-3 DATE: July 22,2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] "" TO: MOSQUITO coNTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker. Purchasinq Director " SUBJECT: Permission to advertise (IFB) Invitation For Bid for corrugated aluminum pipe culvert replacement material. BACKGROUND: To solicit vendors to pròvide corrugated aluminum pipe culvert replacement material for Mosquito Control Department. FUNDS AVAILABLE: N/A r PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for permission to advertise (IFB) Invitation For Bid for corrugated aluminum pipe culvert replacement material. COMMISSION ACTION: Approved (S-O) - , ~ APPROVED [] DENIED [ ] OTHER: Anderson County Administrator Coordination/SiQnatures County Attorney:(X) ~ J..,... o.r1M U Originating Dep\:: Mgt. & Budget () Purchasing Mgr.:(X) d I Other: Other: Finance: (Check for Copy only, if Applicable) Eff.1/97 '.. , ~ ...." July 22. 2003 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME ALL MEETINGS ARE TELEVISED. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRJOR TO ENTERING THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These iterns 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 schedilled for a meeting on a second or fourth Tuesday, which begins at 9:00 AM., then public hearings will be heard at 9:00 AM. or as soon thereafter as possible. These time designations are intended to indicate that an itern 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 rille, 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 itern (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING TIlE 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 respectfill of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 AM., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982, The Board schedilles additional workshops throughout the year necessary : 0 accomplish their goals and commitments. Notice is provided of these workshops. Assistive listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or IDD (772) 462-1428 at least forty-eight(48) hours prior to the rneeting. .. ;/ '-" 'wi REGULAR AGENDA JULY 22, 2003 PAGE TWO 6. MANAGEMENT AND BUDGET Approval of Millage Rates to be Submitted to the Property Appraiser and Set Dates for Public Hearings - 1) Approve millage rates as outlined on "Worksheet Analysis 'of Roll- Rack Millage Rate for Fiscal Year 2003·2004,2) set two public hearings for September'Il, 2003 and September 18, 2003 at 5:05 pm, 3) authorize the County Administrator to transmit the'millage rates tothe Property 1~raiser ~ Form DR420, and 4) set the aggregate millage rate. Appt~(ÎWdL6-0) 7. ADMINISTRATION A. Florida Seaport Transportation and Economic Development (FSTED) Council Grant Application - Staff recommends that the Port Authority (BCC) submit a revised grant application to FSTED in the amount of $6,000,000 for the acquisition and/or development of up to 67 acres of port property from Destin Beach Inc., or it's successor, the development of the twenty (20) acres Harbour Pointe Property, and execution of the application by the County Administrator. A}Pro~ (6"tJ ì B. Bi-weekly Committee Reports - The Board will provide committee and advisory board uPdatev ótW - Rq:o rb 3 i V'eJ\ ,,. / ~ CONSENT AGENDA JULY 22, 2003 PAGE nvo ......" 3. PUBLIC WORKS (CONTINUED) F. Juanita Avenue (North side from East 21" Street to US 1) Sidewalk Project- Consider staff recommendation to approve Work Authorization NO.9 with Kimley-Horn and Associates, Inc. to provide design services in the amount of $29,346 and authorize the Chairman to sign the authorization. 4. . PARKS AND RECREATION A. Interlocal Agreement bètween the School Board of St. Lucie County and St. Lucie County for the Operation/Use of South County Regional Stadium - Consider staff recommendation to approve the agreement as drafted by the County Attorney and authorize the Chairman to sign the agreement. B, Interlocal Agreement between St. Lucie County and the St. Lucie West Services District - Consider staff recommendation to approve the agreement as drafted by the County Attorney and authorize the Chairman to sign the agreement. 5. INVESTMENT FOR THE FUTURE A. South County Stadium Restroom/Concession Building Project - Consider staff recommendation to approve final payment ($83,535.10) and retainage ($36,956.90) in the amount of $120,492 to Summit Construction Management. B. Bid No. 03-066 / Orange Avenue Canal, Starr Farms Culvert Replacement Project - Consider staff recommendation to award the bid to Johnson-Davis, Inc., the lowest bidder, in the amount of $203,255, establish the project budget and authorize the Chairman to sign the contract as prepared by the County Attorney. 6. PURCHASING A. Bid No. 03-051 / Landfill C&D Debris Processing Equipment/Facility - Consider staff recommendation to award the bid to Lubo USA, Inc., the lowest responsive and responsible bidder, in the amount of $1,429,511.79 and authorize the Chairman to sign the contract as prepared by the County Attorney. B, Bid No. 03-052 / Landfill C&D Debris Grinder Equipment - Consider staff recommendation to award the bid to Continental Biomass Industries, Inc., the lowest responsive and responsible bidder, in the amount of $600,116.80, and authorize the Chairman to sign the contract as prepared by the County Attorney. C. Bid No. 03-053 / Landfill C&D Debris Processing Facility - Consider staff recommendation to reject all bids. Staff will revise the specifications and re- bid the project. ,.. / "'" ...., St. Lucie County Board of County Commissioners Announcements J ul y 22, 2003 \ A The August 5, 2003 Board of Cöunty Commissioners meeting has been cancelled. B. The August 19, 2003 Board of County Commissioners meeting will begin at 6:00 pm~ C. The Savannas Recreation Area will be closed from August 11, 2003 through August 22,2003. fvr JJt.~òr ~C9nSrru.du5n/æflOr()..ftðn . \..-- ...., BOARD OF COUNlY COMMISSIONERS ADDITIONS AGENDA July 22. 2003 \ CONSENT AGENDA (6,0; AppíD~ . '¥J','j ML-?>~ Purchasing C-AI Permission to Advertise - Consider staff recommendation to grant permission to advertise a Request for Proposal (RFP) for IO-year naming rights for co- sponsorship with S1. 'Lucie County for the Equestrian Arena Building at the Fairgrounds. Community Development C-A2 Campus Master Plan / Agreement for Services - Consider staff recommendation r to authorize. final execution of the agreements for an amount not to exceed $25,500. County Attorney / C-A3 Air Charter of Florida, Inc. / Consent to Transfer Control to Twisting Air, Inc. - Consider staff recommendation to approve the proposed Transfer of Control of Air Charter of Rorida, Inc. to Twisting Air, Inc. OTlCE: All Proceedings before this Board are electronically recorded, Arr; person who decides to appeal any action talœn by the Board at these meetings will need a record of the prcx:eedings and for such purpose may need to ensure that a verbatim record of the prcx:eedlngs is made. Upon the request of any party to the proceedings. individuals testifying during a hearing will be sworn In. Arty party to the prcx:eedlngs will be granted the opportunity to cross- exarnJne any Individual testifying during a hearing upon request. Artyone with a disability requiring accommodation to attend this meeting should contact the St. lucie County Community Services Manager at (772) 462·1777 or TDD (772) 462-1426 at least forty-elght(48) hours prior to the meeting. \..- ...." ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS JOHN D. BRUHN DISTRICT 1 DOUG COWARD DISTRICT 2 PAULA A. LEWIS FRANNIE HUTCHINSON CLIFF BARNES DISTRICT 3 DISTRICT 4 DISTRICT 5 AGENDA ~ ~yDJ / ]lÙy 22, 2003 1. . MINUTES . . , , MOíÓ\l\nA 6 'Ù Approve the ininutes of th~tcléetJflfíild ]lÙy 8, 2002. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants list No. 41 and,No. 42 2. MOSOUITO CONTROL Declaration of Surplus Property - Consider staff recommendation to grant permission to surplus the District equipment referenced, and to offer the surplus equipment to interested Mosquito Districts at the values estimated for those items and consideration for "best offers", and grant permission to publicly auction the surplus equipment that is not successfully bid upon by any other District. 3. PURCHASING Permission to Advertise - Consider staff recommendation to grant permission to advertise an Invitation for Bid (IFB) for corrugated aluminum pipe clÙvert replacement material. NOTICE: All proceedings before Ihis Board are electronically recorded. AAy person who decides 10 appeal any action taken by tI1e Board at these nwetings will need a record of the proceedings and lor such purpose may need to ensure !hat a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals lestilying during a hearing W111 be swom in. AAY party 10 !he proceedings will be granted en opportunity to cross-examine any individual lestilying during a heanng upon request. Anyone with a œsability requinng aoccmmodatlon to attend this meeting should cootact the St. Lucie County Community Services Manager at (772) 462,' m or TOD (772) 462,1428 at least forty-eight(48) hours pnor to !he meeting. · "'" ....., July 22. 2003 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME ALL MEETINGS ARE TELEVISED. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. 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 iterns are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible, However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 AM., then public hearings will be heard at 9:00 AM. or as soon thereafter as possible. These tirne designations are intended to indicate that an item will not be addressed urior to the listed time. The Chairrnan will open each public hearing and asks anyone wishing to speak to corne forward, one at a time. Comments ""ill 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) Conunissioners comment (3) if a public hearing, the Chairman ""ill ask for public comment, (4) further discussion and action by the Board, ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS· All Board meetings are open to the public and are held on the first and third Tuesdays of each rnonth at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 AM" unless otherwise advertised, Meetings are held in the County Commission Chambers in the Roger Poitras Administration Anne." at 2300 Virginia Ave" Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitrnents. Notice is provided of these workshops. Assistive listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or IDD (772) 462-1428 at least forty-eight(48) hours prior to the meeting. """ ....., www.co.st-lucie.fl.us ßOARD OF COUNTY COMMISSIONERS John D, Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 July 22, 2003 9:00 AM. \ INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting herd July 15, 2003. 2. PROCLAMATIONS I PRESENTATION A Board Presentation - The County Administrator will present the Chili Cook- Off "Exceptional Teamwork Award", won by the Employees of the St. Lucie County Board of County Commissioners at the 2003 Chili Cook-Off. B. Reading of the Announcements by the County Administrator 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS COUNTY ATTORNEY SA Ordinance No. 03-30/ Designating the St. Lucie County Sheriff as Chief Correction Officer - Consider staff recommendation to adopt the ordinance as drafted. End of Public Hearings NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action laken by the Board at these meetings will need a recard 01 Ihe proceedings and lor such purpose may need to ensure that a verbatim record 01 the proceedings is made. Upon Ihe request 01 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. Assistive listening Device is available to onyone with a hearing disability. Anyone wllh a disability requiring accommodation to attend this meeting should contact Ihe St. Lucie County Community Services Director at (172) 4¢2-1717 or TDD (172) 4¢2·1428 at least forty- eight(4ð) hours prior to the meeting, \..- ....., REGULAR AGENDA JULy 22,2003 PAGE TWO 6. MANAGEMENT AND BUDGET Approval of Millage Rates to be Submitted to the Property Appraiser and Set Dates for Public Hearings . 1) Approve millage rates as outlined on "Worksheet Analysis , of Roll· BÇlck Millage Rate for Fiscal Year 2003-2004, 2) set two public hearings for September'll, 2003 and September 18, 2003 at 5:05 pm, 3) authorize the County Administratm to transmit the~ millage rates to the Property Appraiser on Form DR420, and 4) set the aggregate millage rate. 7. ADMINISTRATION A. Florida Seàport Transportation and Economic Development (FSTED) Council Grant Application - Staff recommends that the Port Authority (BCC) submit a revised grant applicatión to FSTED in the amount of $6,000,000 for the acquisition and/or development of up to 67 acres of port property from Destin Beach Inc., or it's successor, the development of the twenty (20) acres Harbour Pointe Property, and execution of the application by the County Administrator. B. Bi-weekly Committee Reports - The Board ,"v ill provide committee and advisory board updates. '-' "" CONSENT AGE!\TJ)A Tuly 22. 2003 1. WARRANTS LIST Approve warrants list No. 42 2. COUNTY ATTORNEY A. Permission to Advertise Ordinance 03-22 / Amending Chapter 1-9 "Garbage, Trash and Refuse" of the Code of Ordinances of St. Lucie County - Consider staff recommendation to grant permission to advertise a public hearing on Au.~st 12, 2003 at 9:00 am, to consider the draft ordinance. B. Deputy Sheriffs' Blanket Bond - Consider staff recommendation to authorize the Chairman to execute the bond. C. Environmentally Significant Land Program / North Fork of the St. Lucie River - Consider staff recommendation to approve the Contract for Sale and Purchase and authorize the Chairman to execute the contract, and direct staff to proceed with the closing and record the documents in the Public Records of St. Lucie Cou,nty, Florida. 3. PUBLIC WORKS A. License Agreement / Synchronization Agreement - Consider staff recommendation to approve the agreements with the Florida East Coast Railway for the Midway Road Grade Crossing in the amount of $429,684, and authorize the Chairman to sign the agreements. B. Edwards Road & Selvitz Road Intersection Project - Consider staff recommendation to approve Work Authorization No. 10 with Kimley-Horn and Associates, Inc. in the amount of $9,230 for mast arm signal design and related geotechnical exploration, and authorize the Chairman to sign the authorization. C. Grey Twig Lane MSBU / Potable Water (pSL Utilities) - Consider staff recommendation to approve Amendment No.2 to Work Authorization NO.9 to the agreement for Continuing Engineering Services with LBFH, Inc. in the amount of $3,400 for additional engineering services to redesign the potable water main location, and authorize the Chairman to e.xecute the Work Authorization. D. Camino Court Culvert Replacement and Canal Restoration Improvement Project - Consider staff recommendation to accept the project; release the retainage in the amount of $15,572.50 and make final payment to Sheltra & Son Construction, Inc., in the amount of $15,572.50. E. Brown Ranch Mine Permit Application ( Modification) - Consider staff recommendation to grant permission to advertise a public hearing on August 19, 2003 at 6:00 pm, or as soon thereafter as possible, to consider the application for a major modification to the mining permit. "'" CONSENT AGENDA JUlY 22, 2003 PAGE TWO ....",¡ 3, PUBLIC WORKS (CONTINUED) F. Juanita Avenue (North side from East 21" Street to US 1) Sidewalk Project- Consider staff recommendation to approve Work Authorization NO.9 with Kimley-Horn and Associates, Inc. to provide design services in the amount of $29,346 and authorize the Chairman to sign the authorization. 4. . PARKS ANp RECREATION A. Interlocal Agreement between the School Board of St. Lucie County and St. Lucie County for the Operation/Use of South County Regional Stadium - Consider staff recommendation to approve the agreement as drafted by the County Attorney and authorize the Chairman to sign the agreement. B. Interlocal Agreement between St. Lucie County and the St. Lucie West Services District - Consider staff recommendation to approve the agreement as drafted by the County Attorney and authorize the Chairman to sign the agreement. 5. INVESTMENT FOR THE FUTURE A. South County Stadium Restroom/Concession Building Project - Consider staff recommendation to approve final payment ($83,535.10) and retainage ($36,956.90) in the amount of $120,492 to Summit Construction Management. B. Bid No. 03-066/ Orange Avenue Canal, Starr Farms Culvert Replacement Project - Consider staff recommendation to award the bid to Johnson-Davis, Inc., the lowest bidder, in the amount of $203,255, establish the project budget and authorize the Chairman to sign the contract as prepared by the County Attorney. 6. PURCHASING A. Bid No. 03-051 / Landfill C&D Debris Processing Equipment/Facility - Consider staff recommendation to award the bid to Lubo USA, Inc., the lowest responsive and responsible bidder, in the amount of $l,429,511.ï9 and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Bid No. 03-052 / Landfill C&D Debris Grinder Equipment - Consider staff recommendation to award the bid to Continental Biomass Industries, Inc., the lowest responsive and responsible bidder, in the amount of $600,116.80, and authorize the Chairman to sign the contract as prepared by the County Attorney. C. Bid No. 03-053 / Landfill C&D Debris Processing Facility - Consider staff recommendation to reject all bids. Staff will revise the specifications and re- bid the project. · CONSENT AGENDA JULy 22, 2003 PAGE THREE ...., 6. PURCHASING (CONTINillD) D. Bid Waiver and Piggyback City-of Port St. Lucie Bid No. 20020104 / LTC Industrial Park Off·Site Utility Improvements Consider staff recommendation to waive the bid process, award the contract to Astaldi Construction Corporation in an amount not to exceed $2,400,000, to provide Seminole Line E'(tensions, and authorize the Chairman to sign the contract aSI?repared by the County Attorney. E. Perrrlission to Advertise - Consider staff recommendation to grant permission to advertise,an Invitation for Bid (IFB) for the Runway 14'32 Overlay at the St. Lucie County International Airport. 7. AIRPORT Aviation General Consulting Firms - Consider staff recommendation to negotiate with the top two (2) ranked firms, PBS&J and Kimley Horn & Associates, to provide .general engineering services to include planning, programming, engineering and technical management services for aviation projects. 8. MANAGEMENT AND BUDGET Budget Resolution No. 03-165 / Florida Department of Juvenile Justice/ St. Lucie Mental Health Program Grant - Consider staff recommendation to approve the budget resolution to appropriate and expend the funds in the amount of $100,000, to renew the grant. ~ ....; St. Lucie County Board of County Commissioners Announcements July 22, 2003 \ A. The August 5, 2003 Board of County Commissioners meeting has been cancelled. B. The August 19, 2003 Board of County Commissioners meeting will begin at 6:00 pm C. The Savannas Recreation Area will be closed from August 11, 2003 through August 22, 2003. "- ..., ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS JOHN D. BRUHN DISTRICT 1 DOUG COWARD DISTRICT 2 PAULA A. LEWIS FRANNIE HUTCHINSON CLIFF BARNES DISTRICT 3 DISTRICT 4 DISTRICT 5 AGENDA July 22, 2003 1. MINUTES' Approve the Ininutes of the meetmg held July 8,2002. 2. GENERAL PUBLIC COMlvIENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants Ust No. 41 and,No. 42 2. MOSOUITO CONTROL Declaration of Surplus Property - Consider staff recommendation to grant permission to surplus the District equipment referenced, and to offer the surplus equipment to interested Mosquito Distncts at the values estimated for those items and consideration for "best offers", and grant permission to publicly auction the surplus equipment that is not successfully bid upon by any other Distnct. 3. PURCHASING Permission to Advertise - Consider staff recommendation to grant permission to advertise an Invitation for Bid (IFB) for corrugated aluminum pipe culvert replacement material. NOTICE: All proceedings before this Board are electronically recorded, My person who decides to appeal any action taken by the Board at these meeangs will need a record 01 the proceeo1ngs and tor such purpose may need to ensure thai a verbatim record of the proceedings is made_ Upon the request of any party to the proceedings, indivicI.Jals testifying during a hearing will be swom in. My party to the proceedings will be granted an opportunity to cross-examine any individual tesafying during a hearing upon request. Anyone with a disability requiring accommodaaon to atiend this meeting should contact the St. LucieCounfy Community Services Manager at (772) 462-1m orTDD (772) 462·1426 at least forty-eighf(46) ~ours prior to the meeting. "'" ......, BOARD OF COUN1Y COMMISSIONERS ADDmONS AGENDA July 22. 2003 \ CONSENT AGENDA Purchasing C-A. 1 Permission to Advertise - Consider staff recommendation to grant permission to advertise a Request for Proposal (RFP) for 10-year naming rights for co- sponsorship with St. 'Lucie County for the Equestrian Arena Building at the Fairgrounds. Community Development C-A.2 Campus Master Plan / Agreement for Services - Consider staff recommendation r to authorize. final execution of the agreements for an amount not to exceed $25,500. Countv Attorney ,/ C-A.3 Air Charter of Florida, Inc. / Consent to Transfer Control to Twisting Air, Inc. - Consider staff recommendation to approve the proposed Transfer of Control of Air Charter of Florida, Inc. to Twisting Air, Inc. OTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by !he 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 lT1ðde. 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 cro.... examine any Individual testifying during a hearing upon request. Anyone with a disabUlty requiring accommodation to attend this meeting should contact the St. lucie County Community Services Manager at (772) 462·1777 or TDD (772) 462-1428 at lellSt forty-elght(4B) hours prior to the meeting. "w- ......, BOCC Meeting July 22, 2003 \, PRESENTATIONS: Chin Cook-Off Awards '- - PULlED ITEMS: None " ADDITIONS: C-Al - Permission to Advertise (RFP) for Naming Rights for the Equestrian Arena at the Fairgrounds. C-A2 - Campus Master Plan C-A3 - Consent to Transfer Control/Twisting Air, lnc. tÍ ~ ~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: July 15, 2003 Tape: 1-2 Convened: 7:00 p.m. Adjourned: 10:05 p.m. Comn1issioners Prcscnt: Chairman, Cli rr Barnes, Doug Coward, John D. Bruhn, Frannie Hutchinson, absent NACO Conference; Paula A. Lewis, absent, NACO Conference Others Present: Doug Andcrson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Heather Young, Asst. County Attorney, Pete Keogh, Parks/Rec. Director, Bill Blazak, Utilities Director, Paul Phillips ,Airport Director, Don West, Public Works Director, Millie D. Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Bmhn, seconded by Com. Coward, to approve the minutes of the meetings held July 1,2003 and July 8,2003; and, upon roll call, motion carried unanimously. 2. PROCLAMA nONS/PRESENT A nONS Thc County Administrator read the upcoming events. 3. GENERAL PUBLIC COMMENTS (1-050) Mr. Richard Lindquist, addressed the Board regarding the City Council meeting in Port St. Lucie and their decision to move forward with the Egan property for the wastewater plant. 433 signatures were presented in opposition to this selection. Ms. Pamela Hammer, Reserve resident, addressed the Board regarding the City Council's selection and asked the Board to attempt to schedule a worksession with thc city. Mr. Bob Bangert, Holiday Pines resident, addressed the Board regarding the growth of [ill: county and asked tlw counly consider studying and planning for future drainage problems. Mr. John Arena, Ft. Picrce resident, addressed the Board regarding T-Jetty's. Mr. Charles Grande, Hutchinson Island, addressed the Board regarding PUD's outside the Urban Service Boundary line. Ms. Juliet Orban, Lakewood Park, addressed the Board regarding the problcm her area is having with Porto fino Shores draining into the canal causing clogging of the pipes. The Public Works Director advised Ms. Orban that they were aware of the problem and arc working with Hazen and Sawyer to determine any modifications need cd ifany were needed. Mr. Dominick Scotto, Indrio Road resident, addresscd the Board regarding large development coming into the arca and the traffic problcm/s which can occur on Indrio Road if it is not widened. 1 .. "" .....,; 7. COUNTY ATTORNEY ( 1-1251) Resolution No. 03-163- Sales Tax Refunding and Improvement Bonds- Consider staff recommendation to approve the resolution as drafted. It was moved by Com. Coward, seconded by Com. Bmhn, to approve Resolution No, 03- 163; and, upon roll call, motion carried unanimously. 4. CONSENT AGENDA(1-1322) It was moved by Com. Coward, seconded by Com. Bruhn, to approve the Consent Agenda to include items 2 D & E amended C-6E deleted and include the additions; and, upon roll call, motion carried unanimously. 1. WARRANT LIST Thc Board approved Warrant List No, 41. 2. COUNTY ATTORNEY A. Indrio North Savannas/Contracts for Sale and Purchase/Williams Parcel 191, McMillian, Jr. Parcel 107, Boniarz, Parcel 227- The Board approved the Contracts for Sale and Purchase with James Williams, and Lloyd McMillan, Jr., for the purchase price of$15,000 and Edward Boniarz, Trustee for the purchase of$14,000, authorized the Chairman to sign the contracts and directed staff to proceed with the closing and rccord the documents in the Public Records ofS1. Lucie County. ß. RevoeabiG License Agreement/City of port St. Lucie/Street Lights in Right of Way of Glades Cutoff Road & Midway Road- The Board approved the agreement authorized the Chairman to execute the agreement and instmcted staff to record the agreement in the Public Records of St. Lucie County. C. Pennission to Advertise/Ordinance No. 03-11 Amending Article III "Code Enforcement Board" of Chapter 1-2 (Administration) Code of Ordinances of S1. Lucie County- The Board approved advertising a public hearing on August 19,2003 to consider the draft ordinance. D. License Agreement!NUI Utilities, Inc., d/b/a NUl City Gas Company of Florida/Naranja Avenue and Sandia Ave., Right of Way- The Board approved the agreement modified to include any damages to the right of way or the landscaping be the responsibility of the company, and authorized the Chairman to execute the agreement, and direct NUl Utilities to rccord thc agreement in the Public Records ofS1. Lucie County. E. License Agreement / NUl Utilities Inc., d/b/a NUl City Gas Company ofFlorida/S1. James Drive Right of Way- The Board approved the agreement modified to include any damages to the right of way or the landscaping be the responsibility of the company, and authorized the Chairman to execute the agreement and directed NUl to record the agrccment in the Public Records of 81. Lucie County. F. Permission to Advertise/Petition to Abandon Portion of Maravilla Blvd., - The Board approved advertising a public hearing to be held on August 19, 2003 at 6:00 p.m. or as soon thereafter as possible, G. Platt's Creek Stormwater Improvement Project/North St. Lucie River Water Control District Canal No. 13- The Board approved accepting 2 ...... z 07/11/03 F'7.~BWA..~:¡' FUND 001 001007 001137 001141 001148 001152 001155 001274 001276 001280 001281 001809 101 101002 101003 101006 101211 101215 102 10·2001 102105 '002 107 107001 107002 107003 109 115 118 129 140 140001 160 183 183001 183004 184203 185003" 316 316201 362 382 401 418 421 4·1. ~ f') \.r ST. LUCIE COUNTY - BOARD ....; WARRANT LIST #41- 04-JUL-2003 TO 11-JUL-2003 FUND SUMMARY TITLE General Fund General-Energy Efficiency Fund Zora Neala Hurston Dust Tracks Heri Section 112/MPO/FHWA FY02/03 CSBG Grant FY03 Urban Mobile Irrigation Lab 02/03 USDOJ Violence Against Women Grant FDCA Emer Mgmt Prep & Assis FY03 TDC Planning Grant F/Y 03 FFí'7CC/Inlet Boat Ramp Restroom FL Fishing & Boating Heritage SFí'lMD-Floridian Aquifer Well 01/04 Transportation Trust Fund T~ansportation Trust/80% Constitut TranspQrtation Trust/Local Option Transportation Trust/Impact Fees FD3P Canal & Stormwater Retrofit FDOT Traffic Signal System Grant Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinator Elizabeth M. Kiessel Bequest Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper D~ug Abuse Fund Sheraton Plaza Fund Paradise Park Fund Parks MSTU Fund Port & Airport Fund Port Fund plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Ft. Pierce Beach Restoration FEFA SHIP FY02/03 County Capital FD3P/FRDAP Savanna Rec Phase II Sports Complex Improv Fund Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund EXPEKSES 130,753.87 63,931. 64 250.80 57.38 3,61g.51 12.48 7,591.67 2,751.93 212.41 105.00 1.79 12"~ . 14 117,177.42 2,05':;'.56 1,500.00 13,366.00 38,142.58 900.00 23,407.45 9,35':;'.63 13.65 152.87 372.54 182,10':;'.48 E.77 E.78 3,412.63 3:::.00 ':;'55.89 638.23 8,50C.00 1,812.36 11,411.49 4,146.79 337.31 122.77 348.71 38,470.39 14,749.24 480,94<;.93 86l.20 861.93 500.00 9,188.44 13,682.58 151.36 21,30L31 2.56 PAGE 1 PAYROLL 773.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0..00 0.00 0.00 0.00 0.00 0.00 07/11/03 F7.A.BWARR FUND 449 451 458 461 471 478 479 491 505 505001 611 62S """ ..." ST. LUCIE COUNTY - BOARD WARRANT LIST #41- 04-JUL-2003 TO 11-JUL-2003 FUND SUMMARY :' TITLE EXPENSES NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund l.élW Library 1. 04 22,771.75 2.24 15,434.09 16,607.19 1,880.16 0.91 745.83 94,643.72 19.50 82.96 6,639.50 GlUlND TOTAL: 1,360,7'l0.3G "'t -~' PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,850.84 0.00 0.00 0.00 B,G2t.1.3G .. ". "" -....I the Fee Simple Deed from North St. Lucie River Water Control District, authorized the Chairman to sign Resolution No. 03-164 and directed staff to record the documents in the Public Records ofSt. Lucie County, Florida. H. Ordinance No. 03-34- Amending Section 1-20-17 of Division 1 of Article II of Chapter 1-20 of the Code of Ordinances ofSt. Lucie County, Florida prohibiting parking on North Cortez Avenue and Cortez Blvd., - The Board approved advertising the ordinance as drafted. 3. AIRPORT A. Security Fencing Project- The Board approved the final pay request and authorized release ofretainage in the amount of$17,917.60 to L.A. Construction Services for a total project amount of $$166,666.00. B. Treasure Coast Regional Noise Study Working Group Citizen Representative- The board approved appointing Jim Van Hekken as a citizen representative for St. Lucie County. 4. PARKS AND RECREATION Fort Pierce Community Ccnter and Lincoln Park Community Center Exterior Signs- The Board approvcd the transfer of $9,Ü 19 to fully fund thc purchasc and installation of exterior signs. ".. 5. UTILITIES North Hutchinson Island Reclaimed Water Main Extension Contract No. 02-098- The Board approved Change Order No. 1 reducing the contract amount by $2,611 and approved rclease of final rctainage in the amount of $17,919.91. 6. COMMUNITY DEVELOPMENT A. Trowbridge-East 40 Plat· The Board approved the final plat for the subdivision to be known as Trowbridge Road-East 40 Plat Subdivision, and authorized staff to proceed with its final processing. B. Trowbridge- West 40 Plat- The Board approved the final plat for the subdivision to be known as Trowbridge Road-West 40 Plat Subdivision and authorized staffto proceed with its final processing. C. Resolution No. 03-086/Classic Truss- The Board approved the resolution for a Major Adjustment to an existing Major Site Plan for the known as Classic Truss located at 3101 Industrial 3151 Street. D. Resolution No. 03-087/Lakewood Park United Methodist Church- The Board approved the resolution for a Major Adjustment to an existing Major Site Plan for the project known as Lakewood Park Unitcd Methodist Church. E. Letter of Intcnt and .lob Growth Invcstmcnt Grant bctwccn Sl. Lucic County, Policy Studies, Inc., and the City ofFt. Pierce- this itcm was pullcd and will be rescheduled in August. ADDITIONS CA-l Historical Commission Appointment- The Board ratified the appointment by Com. Barnes' of Dee Dee Roberts to the Historical Commission. 3 ~ ....., RI~(ìlLAR AGENDA UTILiTIES (1-1432) 5.A Resolution No. 03-149 and 03-150/North County Utility District- Consider staff recommendation to approve the resolutions amending certain rates, fees and charges and establishing an effective date of August 1,2003. It was moved by Com. Bruhn, seconded by Com. Coward, to approve Resolution No. 03- 149 and 03-150; and, upon roll call, motion carried unanimously. 5,B Resolution No. 03-143 and 03-144/H.E.W. Lakewood Park District- Consider staff recommendation to approve the resolutions to adopt the Uniform Service Policy, Schedule of Rates, Fees and Charges and establish the effective date of August 1, 2003. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 03- 143 and 03-144; and, upon roll call, motion carried unanimously. 5.C Resolution No. 03-147 and 03-148/Airport District- Consider staff recommendation to approve the resolutions to adopt the Uniform Service and Extension Policies, Schedule of Rates, Fees and Charges and establish the effective date of August 1,2003. It was moved by Com. Bruhn, seconded by Com. Coward, to approve Rcsolution No. 03- 147 and 03-148; and, upon roll call, motion carried unanimously. 5.D Resolution No. 03-145 North Hutchinson Island District- Consider staff recommendation to approve the resolution amending certain rates, fees and charges and cstablish an effective datc or August 1,2003, It was movcd by Com. Bruhn, scconded by Com. Coward, to approve Resolution No. 03- 145; and, upon roll call, motion carricd lIn'lIlimously. 5.E. Resolution No. 03-146 South Hutchinson Island District- Consider staff recommendation to approve the resolution amending certain rates, fees and charges and establish an effcetive date of August 1. 2003. Mr. Charles Grande, Hutchinson Island, addressed the agreement from past years and asked the county to take over the lines as soon as possible due to the threat of these annexation agreements from the prior years. It was moved by Com. Bruhn, seconded by Com. Coward, to approve Resolution No. 03- 146; and, upon roll call, motion carried unanimously. COUNTY ATTORNEY (1-224) 5.F Ordinance No. 03-13 Amending Section 1-15-23 (Alcoholic Beveragcs) of the Codc of Ordinances and Compiled Laws by Permitting the Possession or Consumption of Alcoholic Beverages in County Facilities upon the Issuance of a Permit by the County Administrator or his Designee- Consider staff recommendation to approve the Ordinance and authorize the signing of the Ordinance. Co III , nalllcs cxprcssl:d his concclll with the cost of the insurancc and the possibility of sn1<l1l bllsiness or private residents nol being able to meet Ihis criterin nnd asked this be conlinllcd and 1110re inll),l1alion be hrought forth lor review. It was moved by Com. Bruhn, secondcd by Com. Coward to continue this hearing on September 2,2003 at 7:00 p.m. or as soon there after as possible; and, upon roll call, motion carried unanimously. 4 ...... "'" ....." COMMUNITY DEVELOPMENT 5.0 Ordinance No, 03-24/Amending the County's Current Fire/EMS Protection Impact Fee, to be effective October 1, 2003- This is the first of two required public hearings. No final action was required. The second public hearing is scheduled for August 19,2003 at 6:00 p.m. or as soon thereafter as possible. No action required. 5.H. Ordinance No. 03-025/Creating a Countywide Current Law Enforcement Impact Fee to be effective October 1,2003- This is the first of two public hearings. No final action was required. The second public hcaring is scheduled for August 19,2003 at 6:00 p.m, or as soon thereafter as possible, Mr. Don Santos, TC Builders, addressed the Board with the construction industry's concerns. They ;Ire nol opposed to the increase in impact fees, however, they requested more information on the rational and formula utilized and slaled thcir three objections to the existing formula. It was moved by Com. Coward, seconded by Com. Bruhn, to continue this first public hearing on August 19,2003 al 6:00 p.m. or as soon thereafter as possible; and, upon roll call, motion carried unanimously. 5.1. Ordinance No. OJ-023/Amending the County's Current Educational Impact Fee, to be effective October 1, 2003- This is the first of two required public hearings. No final action was required. Mr. Richard Lindquist, Pony Pines resident addressed the Board in favor of the educational impact fees. Mr. Kirk Swarenson, property owner addressed the Board and expressed his concern with the validation and review of the model utilizèd . He suggested independent fee calculations and stated he would like to see the model for each impact fee ordinance. Mr. Charles Grande, Hutchinson Island and member of the Planning and Zoning Board stated they had voted not to phase in this impact fee, but to have it implemented in fulL Mr. Bill Hammer, Reserve resident, addressed the Board in favor of the full implementation of the educational impact fee. He felt it was badly needed. Ms. 1';lIlIcl:l Ilal11l11cr, I~l~scrve rcsidcnl, also requested IIw Ice he lìilly il1lpkll1ented. M It was the eonsenslIs or the Board to direellhis isslle back to the P & Z l30ard and thcn be brought back to the Board for the 1 sl public hearing on the third Tuesday of September and the final hearing the first week of October. 5.1. Resolution No. 03-085/Mosher- Consider staff recommendation to approve the resolution granting a Change in Zoning from RS-3 to AR-l for property located at 4200 Edwards Road for the purpose of developing the property for a commercial plan nursery as an accessory to a single family residence. Com. Coward stated he could support this item under this straight zoning, he would consider it under a di ITerent type of zoning. Mr. Bill Hearn, lndrio Road, and only member of the P & Z Board to vote against this issue expressed his concerus with the other pcrmitted uses under this requested zoning. He stated that PNRD would be a more appropriate zoning for this area. Ms, Grace Jubal ¡sea, property owner behind the applicant, addresscd thc Board and stated whcn they fìrst bought their property, they though this parcel was an casement. 5 ._- """ ...",¡ The County Attorney suggested working with the applicant to develop a site plan, waive the fees and re-advertise as a PNRD and return it back to the Board. Com. Coward suggested amending the existing ordinance in order not to make this type of an issue so difficult. It was the consensus of the Board to follow the County Attorney's suggestion. 5.K. Resolution No. 03-084 /Pina- Consider staff recommendation to approve the rcsolution granting a Change in Zoning from AG-l to RS-4 for property located on the north side ofIndrio Road, approximately 2,000 feet east of Emerson Avenue to develop the property for a single family development. Thc Petitioner requested this public hearing be continued until August 19,2003 at 6:00 p.m. Ms. Susan Querian, area resident, addressed the Board expressing her concerns with traffic on Indrio Road and suggested the road be expanded. - It was movcd by Com. Bruhn, seconded by Com. Coward to continue this public hearing on August 19,2003 at 6:00 p.m. or as soon thereafter as possible; and, upon roll call, motion carried unanimously, -, 6. ADMINISTRATION (2-2628) Revisions to Lease Agreement for Space for the Supervisor of Elections at the Orange Blossom Mall- Staff recommended that the Board consider the request of DeSantis Commercial, Tnc., to change contractors. If the Board approves the second lease addendum and authori/'.es the Chairman to sign, staff recommends that the County contribution to construction be madc onee it is confirmed that the landlord has deposited $181,459 into an escrow account as provided for in the Lease Addendum. Mr. DeSantis addressed the Board and requested that the funds not be placed in his escrow account, but be provided in draws to the contractors as requested. Com. Barnes stated this was something which should have been worked out with staff and not brought to the Board. The Asst. County Administrator stated staff was not comfortable in signing the change of the contract at this late date. He is not sure how to account for the funding. Com. Bruhn stated he would prefer to keep it is noted in the agreement. Com. Coward stated he concurred with Com. Bruhn and would like to know that the money is in fact there, and deposit in escrow before they make a substantial commitment move forward, that was the original agreement under the contract and would like to have that safe guard in place. It was moved by Com. Coward, seconded by Bruhn, to continue with the existing agreement; and, upon roll call, the vote was follows: Nay Barnes; Aye's: Coward, Bruhn, motion carried by a vote of 2 to 1. 7. COUNTY ATTORNEY Resolution No. 03-163/Sa1es Tax Refunding and Imþrovement Bonds- Consider staff rccommcndation to approvc lhc resolution as drafted. 6 '" ..""" Com, Coward asked what additional steps and or options the county can take regarding the wastewater treatment plant and would like the information along with the engineering study. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 7 ~ " "'" AGENDA REQUEST ITEM NO. SA DATE: July 22, 2003 REGULAR [] PUBLIC HEARING [x] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 03-30 - Designating St. Lucie County Sheriff as Chief Correctional Officer BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt Ordinance 03-30 as drafted. Approved (5-0) uglas Anderson County Administrator COMMISSION ACTION: .... .. ~ APPROVED [ ] DENIED [ ] OTHER: County Attorney: 1.9J- Review and Approvals Management & Budget Purchasing: Originating Dept_ Public Works Dir: Caunty Eng.: Finance: (Check for Copy only, if applicable) Eft. 5/96 COUNTY AND MUNICIPAL PRISONERS Ch. 951 cash account or other personal property and may !receive gain-time as provided by s. 951.21. Istory,-s. 2. ell, 63-189; s. 45, eh. 95-283. t,;: "51.033 Income and assets; payment of subsist- oe costs.- \) The Legislature finds that there is an urgent 'ad to alleviate the increasing financial burdens on -ªIsùbdivisions of the state caused by the expenses incarcerating prisoners. In addition to a prisoner's sf¡ account on deposit in local detention facilities, r1Y prisoners have sources of income and assets ¡side of the facility, which may include bank 'aunts, inheritances, real estate, social security pay- nts, veteran's payments, and other types of financial - 0urces. '2) The local detention facility shall determine the áncial status of prisoners for the purpose of paying IT1 their income and assets all or a fair portion of their 'Iysubsistence costs. In determining the financial Jµs of prisoners, any income exempt by state or fed- maw shall be excluded. Consideration shall be given jltie prisoner's ability to pay, the liability or potential 'ìlity ot the prisoner to the victim or guardian or the ~te of the victim, and his or her dependents. /ìl The chief correctional officer of a local subdivi- ~" . . n;may direct a prisoner to pay for all or a fair portion .ally subsistence costs_ A prisoner is entitled to rea- ~ble advance notice of the assessment and shall be ~,ded an opportunity to present reasons for opposi- ita the assessment J An order from the chief correctional officer ing payment of all or a fair portion of a prisoner's subsistence costs may survive against the estate ,esentenced prisoner. )1' The chief correctional officer may seek payment )1e prisoner's subsistence costs from: Q' The prisoner's cash account on deposit at the ity;or \-: A civil restitution lien on the prisoner's cash ~nt on deposit at the facility or on other personal erty_ If the prisoner's cash account at the local deten- ility does not contain sufficient funds to cover ce costs, the chief correctional officer may a cIvil restitution hen against the prisoner's cash .Unt or other personal property. A civil restitution ay continue for a period of 3 years and applies to ash account of any prisoner who is reincarcerated O,the county in which the civil restitution lien was _~ated. .-s. 21, eh. 96·312. ¡04 Furnishing of transportation to discharged ~erS,-When a prisoner is discharged by reasons ang served his or her sentence, or upon receiving on or parole, he or she shall be furnished trans- o~, Dr its equivalent in money, back to the place hlch the prisoner was sentenced. :,-;-s' ,. eh. 2090, 1877; RS 3032; GS 4109; 5. 1, eh. 5705,1907; $.1, ~,~, ; AGS 6217; s_ " cO 7323. '9'7; s_ " CO_ 9203, 1923; CGL 85'9; 88; B 1695, eh. 97·102; s. " eh. 99·361. i05 Working county prisoners on roads and S or other public works of the county; hiring out to another count y.- The board of county commission- ers of the several counties may require all county pris- oners under sentence confined in the jail of their respective counties for any offense to labor upon the public roads, bridges, farms, or other public works owned and operated by the county, or on other projects for which the governing body of the county could other- wise lawfully expend public funds and which it deter- mines to be necessary for the health, safety, and wel- fare of the county, or in the event the county commis- sioners of any county deem it to the best interest of their county, they may hire out their prisoners to any other county.in the state to be worked upon the public roads, bridges, or other public works of that county, or on other projects for which the governing body of that county could otherwise lawfully expend public funds and which it determines to be necessary for the health, safety, and welfare of that county, or they may, upon such terms as may be agreed upon between themselves and the Department of Transportation, lease .or let said prison- ers to the department instead of keeping them in the county jail where they are sentenced. The money derived from the hire of such prisoners shall be paid to the county hiring out such prisoners and placed to the credit of the fine and forieiture fund of the county. HiS1ory.-s. 13. eh. 6537, '913; RGS 621B; 5.2. eh. 9203,1923; CGl8550; 5. 1. ch. 61-488; 5s.23, 35, eh. 69-106; s. 3, ch. 94.149; S. 121, eh. 99-385. 951.06 Employment of correctional officers; duties; salary.- (1) The county commissioners shall designate a chief correctional officer and such correctional officers as they deem necessary. (2) All chief correctional officers of prisoners shall see that all rules and regulations prescribed by law or the department are fully observed and complied with; enforce discipline among the prisoners in and about the camps: and administer punishment to prisoners, when in their judgment the same is necessary in order to enforce proper discipline, conforming always to the law and rules and regulations. (3) All boards of county commissioners shall imme- diately discharge any correctional officer who shall be guilty of gross negligence or cruel and inhuman treat- ment of prisoners under their control and their action shall be final. (4) The salaries of correctional officers provided for in this chapter shall be fixed by the board of county commissioners, and the chief correctional officer shall be furnished means of transportation over the roads of the county when necessary, the upkeep and operation of which shall be furnished by the county; however, the county shall not in any case be required to furnish a driver of such conveyance where such services are required to be paid for. (5) All salaries contemplated by this chapter shall be paid from the general revenue fund of the county. Histor'1.-s. 13, ct1. 6537, 1813; RGS 6216; s.~, eh. 92Q3, 1923; CGL 8550; S 44, en, 57·121; 55. 1, 2, eh. 61·198; 5. 1e, eh. 61-530; 55.19,35, eh. 69-106: 5S. 1, ~, eh. 70..441: $. 94, eh. 77·120: s. "'3, eh. 79-3: 5 2, eh. 86-183; s. 29. eh. 96-3'2_ 951,061 Designation of sheriff as chief correc- tional officer; duties,- 1239 Ch.951 COUNTY AND MUNICIPAL PRIS~S (1) Upon adoption of an ordinance by a majority of the county commission, the sheriff may be designated the chief correctional officer of the county correctional system, and the sheriff shall appoint such officers as he or she deems necessary. (2) If designated, the sheriff or his or her designee shall enforce all existing state law concerning the oper-, ation and maintenance of county jails. (3) The salaries for county correctional officers shall be paid from the general revenue fund of the county and shall be included by the sheriff, if desig- nated as chief correctional officer of the county, in his or her proposed budget of expenditures for the mainte- nance and operation of the county correctional system as provided in s. 30.49. History.-s. 3. eh. 66-183; s. 30. ch. 96-312; s. 1879. eM, 97.102. 951.062 Contractual arrangements for operation and maintenance of county detention facilities.- (1) After consultation with the sheriff and upon adoption of an ordinance by vote of a majority plus one, the governing body of the county may enter into a con- tract with a private entity for the provision of the opera- tion and maintenance of a county detention facility as defined in s. 951.23(1 )(a) and the supervision of county prisoners. The contract may designate a representative from a private entity as the chief correctional officer pur- suant to s. 951.061, (2) The contract term shall be determined by the negotiating parties. (3) Any private entity entering into a contract with the board of county commissioners pursuant to the pro- visions of s. 951.061 shall be liable in tort with respect to the care and custody of county prisoners uAder its supervision and for any breach of contract with the board of county commissioners. (4) Any private entity entering into a contract with the board of county commissioners pursuant to the pro- visions of s. 951.061 shall allow law enforcement offi- cers access to persons detained within the county detention facility for the purpose of conducting criminal investigations. (5) In the case of a county prisoner's willful failure to remain within the supervisory control of the private entity, such action shall constitute an escape, punish- able as provided in s. 944.40. (6) Private correctional officers responsible for supervising inmates within the facility shall meet the requirements necessary for certification by the Criminal Justice Standards and Training Commission pursuant to s. 943.1395. However, expenses for such training shall be the responsibility of the private entity. (7) After consultation with the sheriff, the county shall appoint a contract monitor who shall be responsi- ble for documenting adherence to the contract and compliance with rules, policies, procedures, and per- formance standards established by the local governing body. (8) The contract shall require an annual audit of the private entity's operation of the county detention facility or facilities. (9) When a county enters into a contract for the operation and maintenance of county detention facili- ties, the sheriff of such county shall cease to for actions arising out of the operation an nance of the facilities under contract, except acts he or she commits personally. Hislory.-s. 4, en. 86-183; s. 6, ch. 91-225; s, 2, ch. 94-168: s. 1e96~ 951.0623 Application of ch. 86-183; agree' contract as of July 1, 1986.-Notwithstan other provision of chapter 86-183, Laws of each correctional facility and county detention operated and maintained by either the sheriff- contractual private entity on the effective date of may continue to be operated and maintained in à ance with any current agreement or contract; hoW should such agreement or contract ever be termina the provisions of chapter 86·183, Laws of Florida. thereafter apply. " History.-s. 9. ch. 86·'83, ~~.-J ~~1:063 Privately operated county corre~iio facllltles.-Each pnvate correctional officer empl by a private entity under contract to a county com' sion must be certified as a correctional officer un 943,1395 and must meet the minimum qualific established in s. 943.13. The county shall provide Criminal Justice Standards and Training Com all necessary fingerprints for Florida Depart Law Enforcement and Federal Bureau of Investigát _ background checks. The Criminal Justice Standà' and Training Commission shall advise the county ãiÌ: those employees whose certification has been deil/· or revoked. Neither the county nor the private ent'· shall be the direct recipient of criminal records. ,;, History.-s. 5. ch. 86-,e3 { -,j 951.08 Prisoner workday.-No prisoner shall;o compelled to labor more than 10 hours per day noii:' subject to punishment for any refusal to labor beyo.r1 such limit: provided, that the 10 hours shall be the tim embraced from the leaving to the return of the prisoop, to his or her place of detention, .,' History.-s. 13. ch. 6537. 1913; AGS 6218: s, 2, ch 9203.1923; CGL 8~ 1. en. 61·488: 5.1697, ch_ 97-102_ 951.10 Leasing prisoners to work for private i ests prohibited.-County prisoners may not be Ie to work for any private interests. This section does' prohibit county inmates from working in nonprofit â private-sector jobs pursuant to s. 951.24(2) a consistent with federal law. History,-s. 3, ch. 9.203.1923; CGL 8551; s. 1, ch. 61-488; s. 17, ch. 2001.ii1 -" 951.11 Turning prisoners over to board of bon trustees, etc.-The board of county commissioners j counties where a board of bond trustees, board of pub lic works, or other duly constituted board, has charge:p., the construction and maintenance of the public road.~<; may turn the county prisoners over to the said truste~, to be worked on the public roads of said county, subje to all the rules and regulations herein provided. Hiatory.-5. 4, ch. 9203,1923; CGL 8552: 5.1, ch. 61-488. 951.12 Working prisoners on public roads and"" exchange of prisoners between counties.-AII per~_:ili sons confined in the county jail under sentence of, ' 1240 '-' ......, ORDINANCE NO. 03 - 30 AN ORDINANCE AMENDING CHAPTER 1-18 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, TO ADD SECTION 1-18-3 DESIGNATING THE SHERIFF OF ST. LUCIE COUNTY, FLORIDA, AS CHIEF CORRECTIONAL OFFICER OF THE ST. LUCIE COUNTY CORRECTIONAL SYSTEM; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 951.061, Florida Statutes, as created by Chapter 86-183, Laws of Florida, the Board has the authority upon adoption of an ordinance by a majority of the County Commission to designate the Sheriff as the Chief Correctional Officer of the County Correctional System. 2. This Board believes that adoption of this ordinance is in the best interest of the health, safety, and welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. ADDITION OF SECTION 1-18-3 TO CHAPTER 1-18. Chapter 1-18 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding Section 1-18-3 to read as follows: Section 1-18-3. Designation of Chief Correctional Officer The St. Lucie County Sheriff is designated as the Chief Correctional Officer of the St. Lucie County Correctional System, If designated. the Sheriff or his designee shall enforce all existing state law and administrative rules of the department concerning the operation and maintenance of county iails. ~ ..J The salaries for county correctional officials shall be paid from the general revenue fund of the County and shall be included by the Sheriff in his proposed budget of expenditures for the maintenance and operation of the county correctional system. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinance and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the office of the Secretary of State that this ordinance has been filed in that office, PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Cliff Barnes XX Vice Chairman Paula A. Lewis XX Commissioner John D. Bruhn XX Commissioner Frannie Hutchinson XX Commissioner Doug Coward XX PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. \,..- """ PAssED AND DULY ADOPTED this day of ,2003. PASSED AND DULY ADOPTED this XX day of XX, 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney Page 1 of 1 ~ 'J Daniel McIntyre - Sheriff as the Chief Correctional Officer From: To: Date: Subject: Melissa Stiadle danm 7/8/20034:50 PM Sheriff as the Chief Correctional Officer Per your request I called Ginger Delegal, General Council Florida Association of Counties. She stated that 58 of the 67 Counties have designated the Sheriff as the Chief Correctional Officer. file:/ /C: \Documents%20and%20Settings\Administrator\Local %20Settings\ Temp \ G W} 0000... 7/8/2003 ~ wf Wednesday, July 9, 2003 Tribune E7 BEFORE THE BOAR) OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIOA 101.09 N011CE proceedings end that. for such purpose, may need to enSlue that a verba'tim record of the proceedings is made, which record should in· NOTICE IS HEREBY GIV· elude the testimony and EN that the Board of evidence upon which County Commissioners the appeal is to be of St Lucie -County, based, Upon the r. Florida, will consider quest of any party to the I adopting County Ordi- proceeøings,'· individuals nance No. 03-30 which testifying during a hear· ;s designating the Sher- ing wìIJ be swom in. iff of St Lucie County, Any. party. to the pro- Florida, as Chief Corree- ~ ceedlng will, be- grant,ed . .' an opporttlnlty to crass- tlonal Officer of the St. examine any individual Lucie County· Correction-- testifying during a hear- al System. The Board ing upon req.est. will consider Ordinance The title of this Ordi- No. 03·30 at its regular nance is: meeting on Tuesday, the ORDINANCE 03-30 - 22nd day of July 2003 AN ORDINANCE AMEN[}- 9. 'ING CHAPTER 1-8 OF at .DD a.m.. or as soon THE CODE OF ORDI- thereafter es the matter NANCES OF ST. LUCIE may be heard In the ~t.: COUNTY FLORIDA TO Lucie, County Commls-. ADD S'ECTION '.18-3 slon Chambers at the St: DESIGNATING THE Lucie County Adminis- SHERIFF OF ST. LUCIE tration Building Annex, COUNTY, FLORIDA, ASI' Third Floor, 2300 Virgin- CHIEF CORRECTIONAL ie Avenue, Fort Pierce, OFFICER OF THE ST.I Florida. Matters affee· LUCIE - COUNTY COR·; ting your personal and RECTIONAL SYSTEM;' . PROVIDING FOR CON-'I property nghts may be FLICTING PROVISIONS heard. and acted upon. SEVERABILITY AND AP: All .Interested persons . I are invited to attend and PLICABILITY, FILING . WITH THE DEPART- be heard. Wrmen com· MENT OF- STATE' AN- ments received In ad- EFFECTIVE DATE; I vance of the public hear, ADOPTION: AND COOI-; ing will also be heard_ FICATlON Copies of the proposed . '. i ordinance may be ob- THIS NOTICE EXECUTED I tained from the County and dated this 24tl> day! Attorney's Office, St. Lu· of June,2003, c,ie Coun!y _ Administra· Submitted by: tlon B~II~I~g Annex, Oaniel S. Mcintyre 2300 V,!glnle Avenue, CountyAttoiney - Fort Pierce, Flonda, 34982. Amendments to Publish: July 9 2003' the Ordinance may be 2<16486 . ' made at the public heer- ing. If any person decides to I appeal any decision made with respect to any matter considered at the meetings or hear~ ings of any board, com· mittee. commission, agency, -council or advi· sory group, that' person will need a record of the NOTICE OF INTENT ~/ \..or AGENDA REOUEST ....,; ITEM NO. 6 DATE: 7-22-03 REGULAR [X ] PUBLIC HEARING [ CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Approval of millage rates to be submitted to the Property Appraiser and set dates for public hearings. BACKGROUND: The recommended rates were established pursuant to the budget reviews concluded by the Board on July 17, 2003, and as required to meet special district, debt service, and related millage requirements. FUNDSAVAILABLE:NA PREVIOUS ACTION: NA RECOMMENDATION: Staff recommends the Board of County Commissioners approve the following: 1. Approve millage rates as outlined on "Worksheet Analysis of Roll-Back Millage Rate for Fiscal Year 2003- 2004" under the column headed "2003-2004 proposed millage." 2.Set two public hearings on September 11 and 18 at 5:05 P.M. in the Roger Poitras Administration Annex Commission Chambers. 3. Authorize the County Administrator to be able to modify the millage rates between General Fund and Fine and Forfeiture Fund as long as the total county wide millage stays the same. Also, authorizing the County Administrator to transmit the millage rates to the Property Appraiser on Form DR-420. 4. Set aggregate millage at 8.9503 mills which is 15.69% over the roll-back rate for tax year 2003. - . [X APPROVED [ ] OTHER: [ ] DENIED NCE: COMMISSION ACTION: Approved (5-D) oug Anderson County Administrator ~'tounty Attorney: 'JVv-l Coordination/SÜmatures Management & Budget: XX rn~ Purchasing: Originating Dept: Public Works: Other: .. , \.or ....,,; OFFICE OF MANAGEMENT & BUDGET MEMORANDUM #03-49 TO: DOUG ANDERSON, COUNTY ADMINISTRATOR FROM: MARIE M. GOUIN, MANAGEMENT & BUDGET DIRECTOR SUBJECT: FY 2004 MILLAGE RATES DATE: JUL Y 22, 2003 The attached worksheet reflects the FY 2004 proposed and roll-back millage rates. Significant points are: I. The proposed Maximum Total Countywide millage remains at 7.9551, or no increase from the current year, as directed by the Board. Mosquito Control has been included with countywide millages for purposes of this calculation. 2. The millage rate for the General Fund has been increased, off-set by a decease in the millage rate for the Fine & Forfeiture Fund, This change has no net affect on countywide millage. The purpose for making this adjustment is because we are shifting the paying of Correctional Officers salaries and benefits from the Fine & Forfeiture to the General Fund. 3. The millage rate for the Unincorporated MSTU has been increased by .1297 mills, off-set by a decrease in the millage rate for the Debt Service Funds, which includes Environmental Land Bond, Beach Bond and Port Property Bond by .1297 mills, 4. The Law Enforcement MSTU has changed from .3082 mills to .3681 mills, which is an increase of .0599 mills. The purpose for making this adjustment is because road patrol cost has increased, and the Law Enforcement MSTU has to pay 24% of the cost for the Sheriffs road patrol. 5. The total aggregate millage has increased by .4186 mills over 2003. 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" '" - .. f"! r.ri - ~ iii 8 ~ ~ ~ 0 ci 0 Q " ~ ~ I ~~t <O<ON .-' - .. - .. ~... ~ ~ = N-: 1- a. c ~ ¡ a. e c.. · = ~ .a .. ~ 'i! 8 · · e · ~ ; æ ffi ~ w" ~ 2 ~ ! ffi ~ ~ ~ ~ ~ fflg o _ -,0 ~ ~ :n ~ ~ ö z ¡: ;;¡ ~~s 000 o 0 z is :S",'" ~ -is ~ .... - '" zow Wz"- "00 z"'''' o:!: "- 1-~t)1- fD~~~ ~ W ŒJ a.. , AGENDA REQUEST "-1'TEM NO. 7A DATE: Julv 22.2003 REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION SUBJECT: Grant Application submittal to Florida Seaport Transportation a d Eco mic Development (FSTED) Council for the Acquisition and/or Development of up to Sixty-seven J Acres of Port Property from Destin Beach Inc., or its' successor. The application also includes the development ofthe twenty (20) acre Harbour Pointe property. BACKGROUND: The County has received FSTED approval for this project. FSTED is now going through the allocation of funding process. As a part of the process, they need Port Authority (BCC) approval to apply for the funding. FUNDS AVAILABLE: NIA PREVIOUS ACTION: May 9, 2002 letter to John LaCapra, President, Florida Ports Council (attached) May 14, 2002 approval by BCC (attached) to offer Destin Beach, Inc., $11,745,000 for 67 acres of Port property October 1, 2002 approval by BCC of submittal of original grant application to FSTED for $6,000,000 RECOMMENDATION: Staff recommends that the Port Authority (BCC) submit a revised grant application to FSTED in the amount of $6,000,000 for the Acquisition and/or Development of up to 67 Acres of Port Property from Destin Beach Inc., or its' successor, the development of the twenty (20) acres Harbour Pointe Property and execution of the application by the County Administrator. p;ii~ .APPROVED o OTHER: o DENIED COMMISSION ACTION: Approved (5-0) Doug sAnderson County Administrator Review and Approvals Q County Attorney: Q Management and Budget: Q Purchasing: Q Originating Dept: Q Other: Q Other: Q Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the Sf. Lucie County Community SelVÌces Manager at 561-462-1777 or TTD 561-462-1428, at least 48 hours (48) prior to the meeting_ H :\WIN\WP'AGENDAIFSTED03.wpd \... ...., MS WORD FLORIDA SEAPORT TRANSPORTATION AND ECONOMIC DEVELOPMENT PROGRAM PROJECT APPLICATION PART A APPLICANT PORT: Port of Fort Pierce AUTHORIZED REPRESENTATIVE: NAME: Mr Dou2:1as Anderson TITLE: Port Director TELEPHONE: 772-462-1450 FAX: 772-462-1648 ADDRESS: St. Lucie County BCC - Administration E-MAIL: dou!!:a(âJ,co.st -Iucie.fl. us 2300 Vir!!:inia Avenue Fort Pierce FL 34982 PROJECT NAME: Port of Fort Pierce - ACQuisition/Development PORT PROJECT NUMBER: FSTED PROGRAM FUNDING REQUEST: 2004- 01 (X ) PHASED $6.000,000.00 for FY2004/2005 Has project been previously approved by the FSTED Council? YES ~ NO - (If yes, please indicate previous project number(s) below.) Project Number(s): Has project been modified since last submitted for FSTED Council review and approval? YES ~ NO - If yes, please identify the nature of modification below. Provide details on additional sheets, if necessary, You may wish to highlight those parts of this application which have been revised due to the modification. _ Project Name _ Project Phasing _ Increase in Funding Request ~Change in Scope _ Transportation Impact _ Economic Impact _ Other (please describe.) This reQuest is to include development of the property. not iust acquisition. * If this projcct has been previously approved and not modified, please ensure that all information included in this application is current. FSTED FORMS ~ FORM- FSTED-l Injl 5/22/01 \. FSTED PROGRAM PROJECT APPLICA nON Port of Fort Pierce 2004 - 01 Port of Fort Pierce - ACQuisition/Develooment District 4 """ PORT: PROJECT NUMBER: PROJECT NAME: FDOT DISTRICT: PART B - PROJECT DESCRIPTION AND MEANS OF FINANCING PLEASE PROVIDE DRAWINGS OR MAPS THAT SHOW THE RELATION OF THE PROJECT TO THE PORT AND THE LOCAL COMMUNITY. PLEASE IDENTIFY CLEARLY THE PORT PROJECT LOCATION. (Note additional map requirements in Part CollA and Part E - lA, IB and IF.) PROJECT DESCRIPTION IN DETAIL: The aCQuisition and/or develooment ofuo to sixty-seven (67) acres of Port orooertv owned bv Destin Beach Inc. or its' successor and the develonment of the twentv {2m acres Harbour Pointe Dronertv owned bv the County. * FSTED FORMS - FORM - FSTED - J InjJ 5/22/01 20f8 '- FSTED PROGRAM PROJECT APPLICATION Port of Fort Pierce 2004 - 01 Port of Fort Pierce - Acauisitionillevelopment District 4 ~ PORT: PROJECT NUMBER: PROJECT NAME: FDOT DISTRICT: PART B-l- NOT PHASED PROJECTS ONLY (DO NOT COMPLETE PART B-1 FOR PHASED PROJECT REOUESTS - USE PART B-2) Estimated Total Cost of Project: $12,000.000.00 Amount of Funds Requested from FSTED Program for FY04/04: $6.000,000.00 Amount of Port Matching Funds: $6.000.000.00 Source(s) of Port Matching Funds: OperatiHl!: Revenues/Borrowed Funds (i.e, operating revenues, capital funds, borrowed funds, etc.) If Applicable, Source(s) and Amount(s) of Other Matching Funds: Source(s): (i.e., ACOE, other federal funds, private sector, etc.) Amount(s): $0.00 $0.00 DESCRIPTION OF WORK TO BE DONE IN THIS PHASE: For Port Development and/or the Development of Infrastructure. The Acauisition of Port Property for the Development of a Me!!a Yacht Facilitv. $0.00 Amount of Funds Requested from FSTED Program: Amount of Port Matching Funds: Source(s) of Port Matching Funds: (i.e, operating revenues, capital funds, borrowed funds, etc.) If Applicable, Estimate Total Amount of Matching Funds from Other Source s): If Applicable, Describe Other Funding by Source(s), FY, and Amount(s): (i.e" ACOE, other federal funds, private sector, etc.) TOTAL: PART B-3 ATTACH A COPY OF PORT 5-YEAR CAPITAL IMPROVEMENT PROGRAM - 2004/2005 - 2008/2009. 30f8 FSTED FORMS - FORM - FSTEn - 1 Injl 5/22/01 '- FSTED PROGRAM PROJECT APPLlCA TION Port of Fort Pierce 2004 - 01 Port of Fort Pierce - ACQuisition/Develooment District 4 .....,., PORT: PROJECT NUMBER: PROJECT NAME: FDOT DISTRICT: PART C - PLAN INFORMATION Department of Community Affairs The Department of Community Affairs (DCA) will be reviewing each project for consistency, to the maximum extent feasible, with the applicable Port Master Plan and Local Government Comprehensive Plan (LGCP). The following information must be provided for each project for DCA's review, I. STATEMENT OF PROJECT CONSISTENCY WITH PORT MASTER PLAN AND LOCAL GOVERNMENT COMPREHENSIVE PLAN: Attach documentation indicating that both the Department of Community Affairs and the FSTED Council have current updated Port Master Plan. If an update to your port master plan has resulted in a local government comprehensive plan amendment within the past twelve (12) months, you do not need to answer Questions B or D in Part I, nor Question A in Part II. A. Explain why the project is consistent with your most recent Port Master Plan? The orooosed oroiect calls for the imorovementldevelooment of the necessary infrastructure to suooort the landside develoomentlooeration activities at the Port of Fort Pierce. The requested funds would be used to imorove the roadway access into the Port area (southerlv access routes from SR A-I-A). the imorovement of necessary utilities to meet orooerty owners/tenants requirements and the orovision of necessary oubHc berth facilities. as may be required bv a soecific owner/tenant for the develooment of a Me!!:a Yacht facility. B. Indicate when the Port Master Plan was incorporated into the applicable LGCP? If not yet incorporated, when do you expect it to be adopted into the LGCP? November 12. 2002 C. If applicable, give the LGCP amendment number which includes this port project St. Lucie County Ord. OR-02-014 (DCA Ref File 02-PTF 1) D, Please list all amendments made to the LGCP as a result of a Port Master Plan Update, a port land acquisition, or a port project N/A E. Please list due dates for the applicable local government Evaluation and Appraisal Report (EAR) and the EAR- based amendments, including any amendments to the Port Master Plan or transportation elements as a result of the EAR review. The next County EAR is due in November 2008 F. If a project involves a development ofregional impact (DRI), please give the name and number of the DRI. N/A II. CONSISTENCY EV ALUA TION CRITERIA: A. Provide a map of the existing and future land uses of the port project and abutting properties, (If not shown on map included in Part B.) ! B. Identify the land use of the parcel as currently designated on the LGCP and the proposed designation necessary in order to proceed with the project. Demonstrate the compatibility of the proposed projects with the adjacent land uses. For the ouroose of the Port of Fort Pierce Master Plan. the Port of Fort Pierce has been divided into two distinct areas: the Port Plannin!!: Area and the Port Ooerations Area. The Port Ooerations Area is a sub- area of the Port Plannin!!: Area and is the area in which the anticioated fundin!!: bein!!: requested throu!!:h this grant orol!:ram will be directed. Land Use desi!!:nations inthe Port Ooerations Area include Industrial (lND) 40f8 FSTED FORMS· FORM - FSTED· 1 InjJ 5/22/01 · \.- FSTED PROGRAM PROJECT APPLICATION Port of Fort Pierce 2004 - 01 Port of Fort Pierce - Acauisition/Development District 4 ...." PORT: PROJECT NUMBER: PROJECT NAME: FDOT DISTRICT: and Marine Commercial (CM). These land use cate!!ories will permit a varietv of marine related industrial activities that would be considered to be compatible with Port Mega Yacht development activities and operations. Land use and permittin!! control in the Port Operations Area is re!!ulated bv the Citv of Fort Pierce. C. Provide a description of the availability of public facilities, including sanitary sewer, solid waste, transportation, drainage, potable water, and recreation, as appropriate, and identify the demand that the project will place on each of these facilities and their level of service The Fort Pierce Utilities Authoritv (FPUA) has water sewer and electric to the propertv. The propertv is accessible bv Avenue M. The purpose of the fundin!! reauest is to assist in the development ofthe necessary infrastructure to service the Port. 0, Provide information about the impact of the proposed project on natural resources, including wetlands, beaches and dunes, submerged lands, flood plains, wildlife habitat, living marine resources, and water quality. The Port is built from Fill Material. All necessarv permits will be obtained prior to development. The Port Authoritv is committed to protection of all natural resources. E. Provide information about the impact of the project on public access and historic resources. A portion of the fundin!! will be used to improve public access. There are no historic resources on the property. F. Show how the proposed project is consistent, to the maximum extent feasible, with the Goals, Objectives, and Policies of your Port Master Plan and the LGCP. There is no one specific Goal. Objective or Policv that is to be cited as bein!! in support of. or consistent with. the reauest for Capital Improvement funds to support development int he Port of Fort Pierce Port Operations Area. Instead. you must look at all of the Goals. Objectives and Policies of the Port Master Plan. the City of Fort Pierce Comprehensive Plan and the St. Lucie County Comprehensive Plan. as a whole. as bein!! fullv consistent with the reauest for development fundin!!. In order to implement the Goals. Obiectives. and Policies cited in this Master Plan. it is necessary for the funding to be in place to provide for the necessary de!!ree of public infrastructure development to allow the private investment to be broul!ht into the Port Operations Area. 50fS fsrED FORMS - FORM - FSTED - 1 injl 5/22/01 ~~ ~ "-' '-..l COUNTY ADMINISTRATION MEMORANDUM 03-115 ,\,,~_.,,'¡h"" TO: . Bo~nd of County Com FROM: Douglas M. Anderson, unty Administrator DATE: ... July 21,2003 RE: .. Regular Agenda Item 7A - Revised FSTED Grant Application Please find attached revised Page 6 of 8 of the FSTED Application, Paragraph II A, whereby the projections of additionar service now reads "To fully develop the Port of Fort Pierc~ for the MeQa Yacht industry as oer the Port Master Plan." As you can see, we added the verbiage "for the Mega Yacht industry as per the Port Master Plan." DMAlab 03.115 r c: Ray W-qzny, Assistant County Administrator Don West, Public Works Director ¡Dennis Murphy, Community Development Director Dan Mcintyre, County Attorney ~ .. "- .".J PORT: PROJECT NUMBER: PROJECT NAME: FDOT DISTRICT: FSTED PROGRAM PROJECT APPLICATION Port of Fort Pierce 2004 - 01 Port of Fort Pierce - ACQuisitionfDevelopment District 4 PART D - ECONOMIC BENEFIT ANALYSIS Governor's Office ofTQurism, Tràde and Economic Development \ The Governor's Office of Tourism, Trade and Economic Development will be reviewing each project in terms of its economic benefit and consistency with the Five-Year Capital Improvement Program to be included in the Florida Seaport Mission Plan. Each port is encouraged to provide detailed economic impact analysis information. The following information must be provided for each project for thisreview. . . i~ . ' .... I. HOW THE PROJECT IS CONSISTENT WITH FLORIDA SEAPORT MISSION PLAN. Explain how this project is consistent with the Flo~ida Seaport Mission Plan. Cite specific goals and objectives in the Plan, and indicate how the project fits into the Plan's five-year capital improvement program, , . II. HOW TIlE PROJECT WILL SUPPORT INTERNATIONAL COMMERCE. INCREASE OR MAINTAIN CARGO FLOW THROUGH THE PORT OR IMPROVE CRUISE PASSENGER SERVICE. A. On what projections of additional service OF capacity is the project based or how is it needed to maintain existing service or capacity? . To.fullv develop the Port of Fort Pierce for the Mega Yacht industrv as per the Port Master Plan. ,J B. Compare present activity (cargo or passenger) at the port with anticipated increases in activity resulting from completion of the project. . Estimated annual economic impact will gO for minimal to $100.000,000/vear. Estimate provided bv potential users. r -. - r C. What is the expected life of the project? 99 vears D, Wlmt type of employment project will be created by the project? ProÝide estimated project employment and wages: 1. Estimated total number of new, full-time jobs created by the project: 300 2, Estimated total number of temporary jobs created during construction: 100 3. Estimated annualized average wage (not including benefits) of the new jobs created by the project: $$12.14 Why is it needed to support existing employment? For 300 new iobs in a Countv that has a history of hÍ!!:h unemplovment rates E. What port revenue estimates are associated with the project or will result from the project? $25,000.000 over 20 years F. How will the port project affect and enhance the local, regional, and state economies? Estimated $100,000.000 G. Indicate whether the project is located in or directly adjacent to any of the following officially designated areas. ¡fso, which? Please check all that are applicable and list the name of the officially designated area(s). State Enterprise Zone 8_ Urban Infill Area 60f8 FSTED FORMS M FORM· FSTED . 1 Inj! 5/22/01 '-" FSTED PROGRAM PROJECT APPLICATION Port of Fort Pierce 2004 - 01 Port of Fort Pierce - ACQuisitionlDevelopment District 4 ..." PORT: PROJECT NUMBER: PROJECT NAME: FOOT DISTRICT: PART D - ECONOMIC BENEFIT ANALYSIS Governor's Office of Tourism. Trade and Economic Development The Governor's Office of Tourism, Trade and Economic Development will be reviewing each project in terms of its economic benefit and consistency with the Five-Year Capital Improvement Program to be included in the Florida Seaport Mission Plan. Each port is encouraged to provide detailed economic impact analysis information. The following information must be provided for each project for this review. I. HOW THE PROJECT IS CONSISTENT WITH FLORIDA SEAPORT MISSION PLAN. Explain how this project is consistent with the Florida Seaport Mission Plan. Cite specific goals and objectives in the Plan, and indicate how the project fits into the Plan's five-year capital improvement program, II. HOW THE PROJECT WILL SUPPORT INTERNATIONAL COMMERCE. INCREASE OR MAINTAIN CARGO FLOW THROUGH THE PORT OR IMPROVE CRUISE PASSENGER SERVICE. A. On what projections of additional service or capacity is the project based or how is it needed to maintain existing service or capacity? To fully develop the Port of Fort Pierce B. Compare present activity (cargo or passenger) at the port with anticipated increases in activity resulting from completion ofthe project Estimated annual economic impact Will\!0 for minimal to $100,000.000/vear. Estimate provided bv potential users. C. What is the expected life of the project? 99 years D. What type of employment project will be created by the project? Provide estimated project employment and wages: I. Estimated total number of new, full-time jobs created by the project: 300 2. Estimated total number of temporary jobs created during construction: 100 3. Estimated annualized average wage (not including benefits) of the new jobs created by the project: $$12.14 Why is it needed to support existing employment? For 300 new iobs in a County that has a history of hi\!h unemplovment rates E. What port revenue estimates are associated with the project or will result from the project? $25,000,000 over 20 years F, How will the port project affect and enhance the local, regional, and state economies? Estimated $100,000,000 G. Indicate whether the project is located in or directly adjacent to any of the following officially designated areas. If so, which? Please check all that are applicable and list the name of the officially designated area(s), 1_ State Enterprise Zone 8_ Urban Infill Area 60f8 F~TED FORMS - FORM - Ff\TED - 1 Injl 5/22/01 '-' FSTED PROGRAM PROJECT APPLICATION Port of Fort Pierce 2004 - 01 Port of Fort Pierce - AcauisitionfDevelopment District 4 ..."I PORT: PROJECT NUMBER: PROJECT NAME: FDOT DISTRICT: 2_ 3_ 4_ 5_ 6_ Brownfield Area 9X Rural Area of Critical Economic Concern 10_ Tax Increment Financing District 11_ Federal Enterprise Community 12 Economic Development District (US EDA) Eligible Area 13_ Community Redevelopment Area Front Porch Florida Community Federal Empowerment Zone Community Development Block Grant Other: 7_ HUB (Historical1y Under Utilized Business) Zone Name of Officially Designated Area(s): III. STATEMENT OF ELIGIBILITY. OPERATING REVENUES, AND ECONOMIC BENEFITS. (Ports with annual operating revenues of $5 million or less may elect to propose for funding projects as defmed in s. 315.02, Florida Statutes, and, therefore, must comply with the provisions of s.311.07(3)(b )(10), Florida Statutes, by providing the following documentation.) Section 3] I .07(3)(b)(10), Florida Statutes, provides that projects eligible for funding include the following: "Construction or rehabilitation of port facilities as defined in s. 3 J 5.02, excluding any park or recreational facilities, in ports listed in s, 311,09(1) with operating revenues of$5 million or less, provided that such projects create economic development opportunities, capital improvements, and positive financial returns to such ports. " If applicable, please provide information below and attach additional documentation attesting to the port's operating revenues for FY99/00 to satisfy this requirement. A. FY 99/00 PORT OPERATING REVENUES of$Q were $5 million or less. B. Please describe how this project is eligible under s. 315.02, Florida Statutes. C. Please explain specifically how this project creates economic development opportunities, capital improvements, and positive financial returns to your port. Use additional sheets, if necessary, 70f8 FSTED FORMS - FORM ~ FSTED - 1 Injl 5/22/0] \...- FSTED PROGRAM PROJECT APPLICATION Port of Fort Pierce 2004 - 01 Port of Fort Pierce - ACQuisitionlDeveloDment District 4 ,..., PORT: PROJECT NUMBER: PROJECT NAME: FDOT DISTRICT: PART E - TRANSPORTATION IMPACT INFORMATION Department of Transportation The Department of Transportation will be reviewing each project in terms of its consistency with the Florida Transportation Plan and its adopted work program. The following information must be provided for each project for this review. I. STATEMENT OF TRANSPORTATION IMPACT CRITERIA: A. If not provided in Part B, provide a map indicating existing highway and proposed roadway access/connections to the port and the proposed port project (planned and programmed per existing Port Master Plan - include city, county, state, and/or federal highway numbers where applicable), and note whether the roadways are part ofthe Florida Intrastate Highway System (FIRS), National Highway System (NHS), and/or a designated national Highway System Connector. B, If not provided in Part B, provide a map of existing and proposed railroad access/connections to the port and proposed port project (planned and programmed per existing Port Master Plan - include common carrier name by location or indicate if owned/operated by the port). C. Provide a traffic impact analysis sufficient to identify existing and projected level of service impacts on off-port roadway arterials identified in Question A resulting from implementation of the proposed project. D. Describe public and private passenger transportation services existing or required to serve the project location. If the proposed project is related to cruise operations, a detailed answer is required. E. Provide an estimate of the increase in number of vehicles per day resulting from implementation of the proposed project, if any, N/A F. Provide an estimate of the increase in number of railcars and/or TEUs per day resulting from implementation ofthe proposed project, if any; and include a map if not provided in Part B indicating the impacted rail/highway grade crossings resulting from the implementation ofthe proposed project, if any. N/A G. Provide an estimate of the maximum length of vehicles expected to be utilizing the facility as a result of the proposed project. N/A H. 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'.", Fort Pierce, Fb.:,34982 1\ \ '- RE: June, 2003 Report: Port Developments Dear Doug, Last month, I provided for you a brief update o~ the Port of Fort Pierce. The-higiliight of my first month on board (May, 2003)' was the successful completion of a complicated negotiation with AES, the leaseholder at the Port. I considered this the logical first step in preparing the property for sale and now affords a potential De,velopment Group maximum design flexibility. In that "May 2003 Report", I had also promised you regular written updates. This is my report to you for June, 2003. I am pleased to repoli that progress has continued during June. Highlights ensue; · We have decided to skip the "Letter of Intent" approach and go right to final contract. · We have developed an initial "Terms and Conditions for Sale of the Port Property". · Several interested parties have been notified. · A "qualifying process" has been developed. , An interview date for Development Groups has been established for Tuesday, July 22. 2003, with the first group scheduled (in alphabetical order) to begin at 8:30AM. A total of2 hours will be provided for each presenter. The process will take place in St. Lucie County. · The Group's presentation/concept will be judged upon many factors including plausibility, experience and whether or not it meets currently expressed opinions of 'what the public wants. · Within approximately one week of the interviews (or less), the top ranked Development Group will be notified. iì ~ r<=<'_n ~n..~¡ I~ \...'-2L~_~·L ¡\'\~ ~~ JUL 1 1 2003 \~ co. ADMIN. OFFICE '-' ..." - . Final contracts could be executed by early fall, 2003. Over this past month, several St. Lucie County and City of Ft. Pierce elected officials and staff have been kind enough to permit me time' for face-to-face meetings. I have found these most helpfuL While I intend to continue to keep you informed - in writing - of any significant steps completed, please feel free to contact me at any time for updated inforrÌìation on the Port sale. " .~, II \ ~Æ~~ ' ;e:;i~:umberg ~ 706-569-8748 - home, Georgia 706-442-2930 - cell 954-581-8909 - home, Florida email:Benj ibrumberg@hotmaiLcom " " Sincerely, ~........ .. \w ..,." TO:, FROM: DATE: June 30, 2003 Subject:: FSTED Funding Today the Florida Ports Council Meeting was held. I attended via telephone. Attached is a breakdown of funding allocated and approved for the Port of Ft. Pierce wough 04/05 in the amount of $2,222,000.00. The $1,150,000.00 in column 1 from previous years was a portion of the original $8,000,000.00 allocation and has been allocated to other ports. $1,750,000,00 is designated for the r~storation of Taylor Creek. In light of the security requirements at the other 13 ports in the State, the competition for funding is intense. As we determine what direction the Port development is headed in, we will be in a better position to compete for additional funding if required. FSTED and the Florida Ports Council are scheduled to meet the last week in October, DivLA:ah C: Ray \'Vazny - Assistant County Administrator Ft. Pierce Harbor Advisory Committee Don West - Public Works Director Marie Gouin - Office of Management and Budget Director Dan McIntyre - County Attorney ,I :¡; ~ C) o e:: c.. I- Z W :¡; c.. o ..J W > W o U :E(f OZ zQ1t) Ol-~ U«'<t WUO 00>- ..JLL Z..J ««.... ZC)!2! Qzg ~ Zõ it- I- - e::=> aLL c.. (f z ~ l- I- e:: o c.. « W (f « o i2 o ..J LL \r. 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'" '" '0 '" '" ci 0=> '" ci .... ........ o o o o o ci on ... oõ .... o '" o c:::o o Ô '" N 0; .... c:::o c:::o o c:::o c:::o ci '" c:::o Ñ Ch .... '"' 9 .J. :;: ;. ~ õ '" OJ "<t o , '"' o 2 :5 .... a> ¿, a> e:- o ¡¡; I OJ <:: 'õ <:: :J LI.. E rn 0, 0,", ~o CLò ON W- I-CD æ~ ~. ""'" ITEM NO. R-A1 DATE: October 1.2002 AGENDA REQUEST ..... REGULAR: (X) PUBLIC HEARING: ( ) CO - ENT: ( ) SUBJECT: " Grant Application submittal to Florida Seaport Transportation and Econo'c velopment (FSTED) Council for the Acquisition of Sixty-seven (67) Acres of Port Property from Destin Beach, Inc. TO: BOARD OF COUNTY COMMISSIONERS ',,- SUBMITTED BY (DEPT): \,ADMINISTRATIO\¡'. , BACKGROUND: - The County has received FSTED approval for this project. FSTED is now going through the allocation of funding process. As a part of the process, they need Port Authority (BCC) approval to apply for the funding. ' "'\'.......... ';" / ,- FUNDS AVAILABLE: N/A PREVIOUS ACTION: May 9th' ¡etter to John LaCapra, President, Florida Ports Council (attached) May 14th approval by BCC (attached) to offer Destin Beach, Inc., $11,745,000 for 67 acres of Port property RECOMMENDATION: Staff recommends that the Port Authority (BCC) submit a grant application to FSTED in the amount of $6,000,000 for the Acquisition of 67 Acres of Port Property from Destin Beach Inc., and execution of the application by the county administrator. COMMISSION ACTION: '~PPROVED 0 DENIED Ñ~THER: s-o Review and Approvals Q County Attorney: Q Management and Budget: Q Purchasing: Q Originating Dept: Q Other: Q Other: Q Finance: Check for copy only, if applicable: Anyor:e with a disability requiring accommodations to attend this meeting should contact the Sf. Lucie County Community SeNices Manager at 561-462-1777 or TTD 561-462-1428, al least 48 hours (48) prior to the meeting_ H:\WIN\WP'AGEN DA\FSTED.wpd ~ ...,¡ 1) BOARD OF COUNTY COMMISSIONERS May 9, 20112 COUNTY ADMINISTRATOR DOUGLAS M, ANDmSON " '\ Mr. John LaCaora, president Florida Ports c'oun¿iI Bank of America Plaza 315 Calhoun Street, Suite 712 Tallahassee, FL., 32302 '. ., Dear Mr. LaCapra: ~ , , . . ~ We þlan on presenting this Hem to the Board of County Commissioners at their next scheduled meeting, May 14, 2002. Providing it is approved to proceed, I plan on appearing ~ b~fore Jhe Florida Seaport Transportation and Economic Development Council (FSTED) L/ on June 27,2002, to request emergency action to make available funds forthis acquisition. Prior to June 27,2002, Dan Mcintyre and myself plan on meeting with officials from the affected State agencies to discuss the County's plan. ~le.ase fir)d attached copies of memorðndurps written by Dan Mc1ntyre, Couñty Attornèy, ahd myself, discussing the issuance of a purchase offer to'Mr. Lloyd Bell to acquire 67 acres of Port property at the Port of Fort Pierce by tha County and the financing alternatives of said acquisition. We appreciate the assistance and guidance that you have provided us and look forward to successfully completing this project. 7.ß~ ~ D ugl~I~'. Anderson Countý Administrator DMAfab 02-50 c: Board or County Commissioners Robert Bradshaw, Assistant County Administrator Dan Mcintyre, County Attorney Attachments , .,/' JO~S D, nRUHN, Dis,rl:r N~, 1 . DOUG COWARD. Disr.-ic' t:~_ 2 . PA~LA A. lE'~'lS. DiSrricr No.:¡ . FAANN!:: hViCH!NSON. ~ç No. <! . ClIrF DARNES. Disrricr 1':>, 5 ,.._. ._... . ..t_~....~~_...._. _ n............1t"'\c k~ Andpr!on \ \r ....,; AGENDA REQUEST ITEM NO. Co DATE: May 14, 2002 REGULAR [XX] PUBLIC HEARING [] CONSENT [] -, " TO: BOARD OF COUNTY\COMMISSIONER5 PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Port of Fort Pierce - Destin Beach, Inc. Property - Purchase Offer BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: , RECOMMENDATION: Staff recommends that the Board: (1) Direct staff to submit a written offer in the amount of $11,745,000.00 to purchase the property owned by Destin Beach, Inc. free and clear of all liens and encumbrances including the lease with AES; and (2) Adopt Resolution No. 02-126 as prepared by the County's Bond Coun~el. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Douglas Anderson County Administrator jQ( Review and ADprovals County Attorney: Management & Budget Purcha3ing: Originating Dept. Public Warks Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff. 5/96 '-' """" INTER-OFFICE MEIr\ORANDUM ST. LUCIE coUNT"(, FLORIDA TO: Board or County Commissioners " FROM: '\ Daniel S. McIntyre, County Attorney \ \ C.A. NO. 02-673 " DATE: "May 7,2002 SUBJECT: Port of Fort Pierce - 'Destin Beach, Inc. Prqì:Jerty- Purchase Orfer .~ . '- \ ." f ------~--------------------------------------------------------------- ________________________________________________r_____---------------- BACKGROUND: ,: . , , ,/"/-, /. ,. The County is the port authority for the Port of Fort Pierce. The . ~" County currently owns 20 acres known as 'Harbor· Pointe within the port planning area. The 67 acres immediately adjacent to the County's property is owned by Destin Beach, Inc. The County recently adopted a master plan for the Port or Fort Pierce. The master plan idèntiried a number of proposed useS including uses related to the mega yacht industry, for the county-owned property and the property owned by Destin Beach, Inc. On March 17, 2002, the County advertised a Request for Qualifications/Proposals soliciting responses from firms interested in partnering with the County to develop the port in a manner consistent with the master plan. In response to the RFQ/RFP, on May 1, 2002, the County received 4 proposals. The' County is currently evaluating the 4 proposals. Based on the port master plan and on a preliminary evaluation of the 4 proposals, County staff believes that it is in the best interest of the County and its citizens for the County to attempt to acquire by negotiated sale the 67 acres owned by Destin Beach, Inc; In this regard, the County had appraisals completed by Florida Property Consultants and F~Iler Armfield Wagner. A summary of the results of the two (2) appraisals follows: \..- ....¡ -... ~. Value - , Florida Property Consultants FuHer Armfield Wagner ." Since it\ is very much in·,the County's best interest to acquire the property through negotiation; staff recommends that the Board offer Destin. Beach, Inc. the highest of the two. values or $11;745,000.00 to acquire all .interests in the propertý. -..In addition, staff belieVes the higher value is ju:;tified .to avoid the cost and risk of litigation in the event negotiations are unsuccessful. Although it is difficult to predic;t with any ,accuracy Jhe cost of litigation, the~.County's exposure for costS-and fees assuming a trial and an appeal: could be 'one million and 0/100 ($1,000,000.00)' dollars even in 0 best case sce~ario. In a worst case scenario, the CoÜntis exposure could be two to three times the best case - . . ~ . scenario. Perhaps' more ::importantly, the time ahef risk involved in litigation . ,coúld have an adverse impact on negotiations with prospective tenants. '. , $11,745,000.00 $ 9,500,000.00 County staff proposes to fund the proposed purchase price with grant funds and revenueS from the prospective tenants as set forth in the memorandum dated May 7, 2002 from the County Administrator, a copy of which is attached. Becaus,e of timing, it will most likely be neceSsary for the County to borrow the furtds needed for the purchase. In this regard, the County's bond counsel has drafted the qppropriate resolution authorizing the issuance of not exceeding $15,000,000.00 in bonds and further authorizing the commencement of proceedings to validate the bonds. Further official action of the Board will be required for the sale of the bonds. RECOMMENDATION/CONCLUSION: staff recommends that the Boarò: 1. Direct staff to submit a written offer in the amount of $11,745,000.00 to purchase the property owned by Destin Beach, Inc. free and clear of all liens and encumbrances including the lease with AES. .. '-' ..",,¡ 2. Counsel. Adopt Resolution No. 02-126, as prepared by the County's Bond ,> '" \ '- :\ . - Respect'fl},llx: subtnittec(j .' f!) Y!YjØ! ~Ili!-' / ,. 'I, / I . ,j. J' ..- I . '. ~. ,," t. ;-.'?,/ -- '\í¡ 1": ÿ . . t'-- :.'/'..!.;- ( _ ~I ,'.r-.. , f ." ..... Dani~í S. !':lcIntyr-;J ) Counïy ATTorney V , " DSMI caf Attachments '-., " ~ .. ' ,- /;- ,. "':t~ ....: '. , \ ~ '-' ..., Daniel r:.::~,)',e - m-b()ard-ir resolution.doc: PG2e 1 11 E ?\1 0 RAN D U hI I I I I I I I 1 I 1 I I I I \ SSQLJlRÊ ANDERS LEGAL COUNSEL WORLDWiD~ SèJ.uir<, S:wders & D~[:1psey L.L.P. -... " "-. \ To: Board Of County CorilIniss¡on~rs St. Lucie County, Flo:id~ Copy.:- Daniel S. McIntyre, Esquire, Coun~' ATIomey Douglas .tÆ. AndersoZl, COl!Ilty Admini"5rrawr LOQmis C. ("Bill") Le;;dy, Ill, William R. Hough & Co. '~ ~ From: Robert Freeman ., ]le: Port Reveriue Bonds /-, , I i I , I I \ I ¡ ! l I i I ¡ I , I I Date: May7,??02 -The attached resolution autho~zes ,1',e issuance of not exceedini815 GiIlion Port Revenue Bonds in order to provide for Ï'. SOlliee ofrnoneys iO acquire the Desti" Be~ch properties at the _ P,ort of Fort Pierce and to pay costs related to the acquisition öfthe property and issuance offfie, B?nds, including capitalized iilteres! on the.Bpnis wough March 200~. The resolution provides that t.c"--¡e Bonds will be seec:ed solely by a lien upon and pledge of the revenues derived from the oper~tion of the pOrL, g',.rlt and loan moneys from government agencies or other sources, moaeys or, deposit in !he funds and accoun;s est~blished pursU2.rlt to a supplemental, detailed bond resolution, investment earnings on those moneys, and any other source of non.ad valorern revenBes which the Bo;:rd may decide to pledge as security for the Bonds (including a covenant La budget and appro?ri~¡e from non-ad valorem reVe¡1Ues) in order to obtain the best interest cost on the Bonds. 1 The resoJution provides that Üle Bonds will not be secured by the rùll faith a.nd credit and t~xing power ofthe County, by a l~m upon me Project, or by a lien upon any o!.tler moneys or proper-Lies of the County. The resolution authorizes the County Attorney and Bond Counsel to in5ëitute proceedings for validation ofthe Bonds pursuE-nt to Chapter 75: Florida Statutes, in the Circui, Court for St. Lucie County. The resolutio:1. also a.uthonzes the preparation of a.dditionE-1 òocuments necesSE-J)' for the authorization, sale, and issu""ce of the Bo¡¡ds, including a Prelilïlin2.ry Ofiicia1 St2.temeilt, and delegates to the County Aòministrator the au-..hority to "deem fm2.l" li1e Preliminary Offici2.l Statement on behalf of the Co\!nty. Squil:e, SaDders &. Demps.)' L.L.P, -1- Mayï,21"\02 I I I ! I 1 I ! ! i I i .J Further official action by the Board \\ill be requiIed for the sale of the Bonds. , '-' ...,J Daniel !v1c1ntyre - initial resc >n.d::: P2~e í -..,,' RESOLUTIO~ NO. 2002-1,16 " \ ... A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONeRS OF ST. LuëìE COUNTY, FLO?JDA, AUTHORlZING THE ACQUISITION OF PROPE\RTY IN AND FOR THE PORT OF FORT PIERCE k""-:"D THE ACQUISITION AND CO);STRUCTlON OF ADDITIONS, EXTENSIONS ANTI IMPROVE~IENTS THEREON; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING Sl5,OOO,OQO PORT ,REVENUE BOl'.'DS, SERIES' 2002, TO . FINANCE THE COST THEREOF; P~OVIDING FOR THE PA "':r'?\-'jENT OF THE B9xTJS FROM PORT RE\'E~ruES AND OTHER 1>1ŒŒYS; AUTHORIZING PROCEEDINGS FOR VALIDATIO~ OF THE BO~TDS; AUTHORIZING THE APPROPRIATE OFFicERS OF THE CODi'.'TY TO PROCEED TO DEVELOP NECESSARY DOCUMENTS TO SELi~ruE ., BONUS AT 'NcGOTL\TED S.A.LE; AUTHORIZING THE COU?-.'TY ADMINISTRATOR TO t,Ü\KE CERTAIN CERTIFICATIONS ON BEH.A.LF OF THE'COUNTY REGARDING A PRELIMINARY OFFICIAL STA TEìvfENT FOR THE BON'DS; PROVIDING FOR CONTINUING" plSCLOSl.i7-.E WnH RESPECT TO THE BO?\DS.; A1':'D PROVIDING AN ~fFECTIVE DATE. ;l BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIOi'-TERS OF ST. 'LUCIE COUNTY, FLORIDA: A. It is necess?ry and in the best inteiests of the County aI1d the healfu, safety and welfare of its inhat>itants to pro\'id" for the acquisition of reat property in and for the Port of Fort Pierce (the "Property") and for the construction acquisition and construcñon of additions, extensions and improvements to port facilities thereon (the "Improvements", and, together with the Property, the "Project"). The costs t'¡ereof sh?J1 include, but shaH not necessarily be lirnited to: the cost of the acquisition of the Property, any interests therein, or 2.l'y other properties deemed necessary or convenien< therefor; engineering, accounting, financial zdvisory, and legal fees and expenses; expenses for phns, specifications and surveys; expenses Ío¡- estimates of costs and of revenues; the fees of advisors and consultants; the cost of bond insurance and/or debt service reserve account premiums; administrative expenses; the capitalization of interest on the Bonds authorized hereby for a je~onable period of time after the date of issuance and delivery thereof; the establishment of reê.5onable reserves for the payment of debt se"ice on the Bonds; discount upon the sale of the Bonds; the expenses and costs of issuance ofthe Bonds; such other expenses as may be necess?r)' or incidental to the financing authorized by this resolution, to the undertaking of the Project, and to the placing of the same in operation; and reimbursement to the I I l , I ¡ l I ·1 I I \ I I i \ I \ I I I \ i I I , - I Section 1. Authority for ResoJutio'n. Tills Resolution is adopted pcrsuant to Chapter 125, Part I, Florid? Starutes, County Ordinwce No. 87-77, as amended, and other applicable provisions of law (collectively, Ùe "Act"), Section 2. Findings, h is hereby ascertained, determined and declared by the Board of County Commissioner (the "Bchrd") of St. Lucie County, Florida (the "County") that: 1 , JS49Y1t'2S901-C'OlC";;.']..-.\trrri S:-:ORT 1~9v112&;.o:.OOIS~..J"trrri s:-:O¡tT '- """ [ D,,~:=' ::.::i:¡tyre - initial resc' n_doc Page 2 " ' . County for any sums expended for the foregoing purposes. B. .,proj ect. The County is c-utnorized pursuant to the provisio~,s 0f Òe Act to unde¡-¡"-~e ¡ne "- C. ¡fhe County is wi¡hollt adequate, currently availe:,!e finis ¡o finance the cost of the Project, anð_it is neceSS,:IY and 'cì<òsirable that th<ò Count)' b:-:7oW í.:1e money through wle issuance of Port Revenu<ò BO:1ds,Series 2002 (the "Bonds"), b er, <"ï10unt not to exceed Sl5,QOO,000 to pay the cost of the Project. y D. . It is necessary and desirable and in the best ÍI1te,es5 of the County ",ld its residents that th'e Board authorize the issuance of the Bonds etL1is ¡be. The details of the Bonds, induding the specific covenants and agreements to be entered into by the County with the holders from time to time of the Bonds and ·the funds and accountS (¡he "Funds aíìd ~tount5') to be ,established for their bef!<:fit a¿ó' securitY" will be determined i:1 e SU'Dsequent resolution (the "Supplemental Resolution") to b<ò adopt<òd at or prior to the time 'of issu:'.;'::e of the Bonds. \ I I i r ¡ I \ I ¡ r r I I I l ¡ I E. Th~: principal of, premiurri, if any, and interest ~C'::1 ¡he Bonds and all requi,i:d _ sinking fund, reserve and other pay¡nents shall be payab1e frqm it".d s::c::ed solely by (i) ¡he net _ revenues received from the Qperation, leasing, management .or use C'f Ùe Project (the "Project Revenues"), grants, gifts, or Oiher contributions received by the C(I;;~,::· with res;¡ec¡ ¡o the 'project (the "Grant Revenues"), (iii) the rnoneys on deposit from time ¡o time in the Funds ",1:1' l\ccounts to be created by the Supplem¡:ntal13-esolution,(iv)eamings C'J Ùe moneys on deposj¡ Ì;1 the funds and accounts created by the Supplemental Resolution (ti-,e "iJyestment Eamings''), ",ld (v) such other revenues d<òrived from sources other than ad valo;-em Ex?tion êS ¡he BOa!d sh?ll determine are necessary to accomplish the most favorable interes¡ cas: C'J the Bonds, which may be in the form of a covenant to budget and appropriate from such SO'.ECi:S (the "Non-Ad Velori:¡¡¡ Revenues", and, together with.,. the Project Revenues, the Gran:: Reye¡;:.!es, the moneys in the Funds and Accounts, and the' Investment Earnings, the "PJedged Revenues"). Tne Bonds authorized hereby shall not be or constitute a general obligatio;] 0;- i.¡~:'vtedness of the County within the meåning of any constitutional or s~atutory provisio:-,s. Tne Coun:y shall never be required to levy ad valorem t8-xes on any real property therein to p"-y ü':e principal of ",1d imeres¡ on the J30nds or to make <'-ny other payments provided for hereiil ë:,d in the SuppJewenw Resolution. The Bonds sh¡3J! not constitute a lien upon the Project 0: U?Vil "'1)' properties owned by or located within the boundmes ofthe County other than the Pidged Revenues. F. It is hereby found and determined that due to the Ò¡:¡a:te. of the Bonds, current favorab1e rnarket conditions, time constraints and the uncertai¡¡¡y in:¡:rent in a competitive bid process, the negotiated sale of the Bonds is in the best interest ofÙe COT,ty. G. The County st2IT is authorized to prepare or came to be p:epared on behalf ofÙe County a Preliminary Official Statement to be used in cOrlne:ti:-:: with the offering êé1d distribution of the Bonds. H. In order to enable the underwriters for the Bonds to CC';¡¡ply with Ruk l5c2-12 2 J IU9vlI2S902-OO1 09J;l-A!mI SHORT '- ...., Jan!el Mcintyre - initial resoll .do:: Page 3 i '00 "- under the Securities Exchwge Act of 1934, ~ ",,,e'nded (the "Rule"), in co~,e~Ú):J with the offeriñg and sale of the Bonds, it is necessa,y tiEt ¡he Preliminary Official State~,e,,~ ~ "deemed final" (except for peíTI\itted omissions) by a rqresen¡atin: 0 fthe County. " 1. _Th is necessary and in ¡he best ir,terests of ¡he County that its Cou:::t)' A-"""'1inis¡rato;-' be authorized to ~ertify the Preliminary Of~~l:!al Statement as "deemed final" unde, Ðe Rule, Section 3. Authorization ofProJecL The Project is hereby specifically aT:r-,~:ized. . Section 4. Authorization of Boners, Ine issuance by the County of n:>: exceeding 5; 15,000,000 Port 1,(evenue Bonds, Series 20j2, for ¡he purpose of paying costs of ~~ Project is hereby authorized. The' Bonds shall be da:ed, sha1! bear interest at a rate or r¡:,tes no:: exceeding the maxirnum,egal rete per e[li1um, shall be payable,'shel1 rn¡¡ture not more th~î fo¡-.þ (4Q)years from their first principal payment date, wall be s\!oject to redemption, and shali have sUch other .. \ charac¡eris'tics as shall be piOvided by a subse~uent resolution (the "SuPP1em;':Dt,,-1 R~50lution") of the Board adopted prior to their sate. Ti,e Bo~d hereby grants to the hoJd;,:,s of me Bonds, and the Bonds shim be secured sOlely by, a k1U?0:ï and pJedge oft~e PJedged Re....e;:::ues. Section 5. Authorizatioo .to Pro:eed; Delegation tc(Deem Pre1imin2TY Official Staternent Final. Tne County Admjnistra~':~, iD consultation ~\i¡th and UpOD tb;,: a:;~·ice of the City's Bond Counsel and Financial Ad\'iso: is 2.uc;,orized to proceed to, drê.ft Eld develop, or cause to be drafted and developed, all do:u:ne;1G necessary to facilitate and proc=d "vith the a~thorization, sale, &îd issuwce of the Boo-ds, including a PreJiminary Offici2l S2:~ment. The County Administreto:, wito toe advice of¡~:e CO'J;]ty's Bond CounseJ and Fiíl~'c!:':l Advisor, is hereby authorized to certify or otherwise rqrese;]t when such Preliminary Offici:;1 St:aternent shall be "deemed final" by the Board ~ of is date (except for permitted o,-,-,issions), Lî accordance with the RuJe. , , Section 6. Continuing Disc\os~re Certification. The County Ad..·~.,istrator is authorized and directed, with the dvice of Bond Counsel, to execute and deEve, 2. Continuing DiscJosure Certificate satisfying the require¡:ce¡¡ts of~EC Rule l5c2-12. Section 7. YaEdation. The Board he¡eby 2.uthorizes the County Attomey 2.:Jd its Bond CounseJ to institute validation proceedings ¡he¡efore in the Circuit Court for St.. Lllcie County. Section 8. Repeal of Inconsistent Instruments.. All resoJutions Œ 0:rd~2,nces of the County or par'.s thereof in conflict herewith c.:e hereby repealed to the extent of such conflict. Section 9. Effective Date. This Resoluti0D shall become effective irnme~ise1y upon is adoption. Passed and Adopted this _ day of and held. 2002, at a regular meeilng duly caJIed ST. LUClE COUNTY, FLORIDA 3 ., I~U9vI/!!¥.)I.OO109:^.A'.JIH s::~(:,~ï '- ~ : Daniel Mclnt)',e - initial resol' .doc' P2,22 <; i By: Clerk ofthe Circuit Court, ex-officio. Clerk ofthe Board " -- I I I i ¡ i I i i i I ì I I I ¡ i t .1 I I I I I I I ¡ I ì I I I \ -... '- (SEA!,-) '\ By: Chainnan, Board of County Commissioners "' \ \ '0- ATTEST: .' '. /ú'PROVED' .AS TO FORM AÞ.'1) CORRECTNESS: / -' "/ " . - County Attorney "I: ; 4 ~ 1U9vln5So:!.tOI09;R'AUIH SHORT '-- .."" ! FLORIDA SEAPORT TRANSPORTATION-.Àì".'J) ECONOMIC DEVELOPMENT . ¡ PROGRAt'\l ¡ ¡ I ~ PROJECT APPLICATION " "- PART A ~ \ ¡o I APPLICANT PORT' PORT OF ~ORT PIERCE (ST. LU~~ COUNTY) AUTHORIZED REPRESENTATIVE: --- ., NAME: Mr. Douglas M. Anderson TELEPHONE: (772) 462-1450 .. , TITLE: County Administrator "- FAX:" (772) 462-1648 -- ., , . , , ADDRESS: 2300 Virginia A venue Fort Pierce. Florida 34932 E-MAIL: DOUGA(áJ,STLUCIECO.GOV , - / " i PROJEC!_NAME: PORT PROJECT NUMBER: FSTED PROGRAM FUNDING REQUEST: 2002 - () PHASED S 6,000.000 for FY2002/2003 Has project been previously approved by the FSTED Council? YES X NO (If yes, please indicate previous project nurnber(s5 below.) Project Number(s): 1996 Bond Program: $8.000.000.00 ~ Has project been modified since last submitted for FSTED Council review and approval? YES X NO If yes, please identify the nature of modification below. Provide details on additional sheets, if necessary, You may wish to highlight those parts of this application which have been revised due to the modification. _ Project Name _ Project Phasing _ Increase in Funding Reques¡: _ Change in Scope _ Tlêiliportation Impact _ Economic Impact ~ Other (please describe.) PREVIOUS PROJECT WAS WITHDRAWN * Irthis project has been previously approved and not modified, please ensure that all information included in this application is current. F$!EDFOR-\lS-fOR-\!-FSTED-1 loj! smlOt ~'" '''_'''''='TF=T1 r.nnt AÐatlC.1.txms Port Property 5-1·02.doc 1 of 7 "'- "'-" PORT: 'PROJECt ìŒ:'tIBER: PROJECT ì\AME: FDOT DISTRICT: FSTED PROGRAM PROJECT APPLICATION FORT PIERCE 2002- ACQUISITION OF 67 ACRES OF PORT PROPERTY DISTRICT FOUR COUNTY: ST. LUCIE COù'?\TY ....... ". PART B _ PROJECT DESCRIPTION Ã.,,"'\l) ~IEA'KS OF FINA,-....CING - PLEASE PROVIDE DRAWINGS OR MAPS nUT SHOW THE REL~TlON OF THE PROJECT TO THE PORT A,,"\1) THE LOCAL CO:\Ii\lUNITY. PLEASE IDENTIFY CLEARLY THE PORT PROJECT LOCATION. (Note additional m"p requirements in 'part C-IIA and Part E . lA, IB and IF.) '\., PROJECT DESCRIPTION I~\DETAIL: PURCIUS~ OF 67 ACRES OF PORT OF FORT PIERCE PROPERTY FRO:'III '. . I PRIVATE OWì\ER TO BE DEVELOPED FOR MIXED USE AT BERTH 1 AA'D J\IEGA YACHT FACILITIES 0~1 REi\IAL'ì:DER OF PROPERTY. THIS PROJECT IS IN.·ACCORDAc'CE WITH THE PORT MASTER PLAN A!\1) IS: L'ì:TE!\'DED TO EXPAND AND DEVELOP ECONOMIC DEYELOp:--.rrl-'T li~ THE PORT AREA. :¡ '. " " * PART B-1 - NOT PHASED PROJECTS ONLY , (DO l'iOT COJ}JPLETE PART B-1 FOR PHASED PROJECT REQUESTS - USE PART B-2) \EStimat~d Total Cost of Project: , 12,000,000 I Amount'ófFunds Requested from FSTED Program for FYO 1102: 6,000,000 . Amount of Pan Matching Funds: ~ 6,000,000 BE FUNDED BY! Source( s) of Pa" Matching Funds: BORROWED FUNDS TO (i.e, operating revenues, capital funds, borrowed funds, etc.) OPERATING REVENUES If Applicable, Source(s) and Amount(s) of Other ~atching Funds: Source(s): (Le., ACOE, other federal funds, private sector, etc.) , , Amount(s): I * PART B-2 - PHASED PROJECTS ONLY rCmJPLETE PART B-2 FOR PHASED PROJECT) Reminder: A new project application will be required annually for SUb5~;;.!.!;;¡:¡t pha.ses for which the port is requesting funding. Estimated Numb~r of Years ~ for Project Completion from Start to Finish: --L- years Pha.se or Year of this Request: 2002 year 20f7 1STEDFO:l'-5.ro;.t.\[.FITED..t Injl 5/22/01 G-\Adr:lÎn',FSTID G:at Applications Port Property 5-1-02.doc "w ..",; PORT: 'ROrrCT !I.'Ul\1BER: R.OrrCT NAl\lE: FDOT DISTRICT: FSTED PROGRAM PROrrCT APPLlc.nIO'\ FORT PIERCE 2002- ACOUISITION OF 67 ACRES OF PORT PROPERTY DISTRICT FOUR COUNTY: ST. LUCIE COU1'ìTY ~ - DESCRIPTIO:-;- OF WORK TO BE DONE IN THIS PHASE: PURCHASE 67 ACRES " '\ \ \ ...... Estimated Tot?l Cost Project from Start Finish: . Estimated TotRl Cost of 112,000,000 this Phase: A.mount of Funds Requested from FSTED Program: Amount ofPO'rt Matching Funds: Source(s) of Port Matching Funds: (i.e, operating revenues, capiœJ funds, borrowed funds, etc,) If Applicable, Describe Other Funding by Source(s), FY, and Amount(s): (Le., ACOE, other federal funds, private sector, etc.) \ Source(s): FY: Amount(s): If Applicable, Estimate Total Amount of Matching Funds from Oilier Source(s): TOTAL: 12,000,000 ~ * PART B-3 ATTACH A COpy OF PORT 5-YEAR CAPITAL DIPROVDII'\T PROGR-\.i\I - 2002/2003 - 2006/2007. 5-Year Capital Improvement Plan Attached: YES ì-i0 X (please point out proposed project on 5- Year CIP. If comments ere applicabJe. please describe on additional sheet.) 30f7 FSTED fOit\[S - FO?.\! - FSITI> - 1 ¡ojl Sf22JOI nU~min\FSTED Grmt Applications Port Property 5·-02_doc ... ..." PORT: PROJECT NUMBER: PROJECT NAME: FDOT DISTRICT: FSTED PROGR-\:\1 PROJECT APPLlCA TIO::-;- FORT PIERCE 2002- ACQUISITIO;-;' OF 67 ACRES OF PORT PROPERTY DISTRICT FOUR COUNTY: ST. LUCIE COUNTY --.. - PART C - PL.~" INFORMATION Department of Communitv Affairs The Departmeht of Comlï1~nity Affairs (DCA) will be revie\\ing each project for consjste;}~y, to the rna.ximum e,,1ent feasible, with the applicable Port Master PÌà'!:1 and Local Government Comprehensive Plan (LGCP). Tr:e follo\\ing infonnatioi1 must be provided for each project for DCA's revieW. , \ I. STATEMENT OF PROJECT CONSISTENCY ,nTH PORT MASTER PLA...N' Al'm LOCAL GOVERNMENT COMPREHEì'iSIVE PLA_,,,": Attach documentatioQ indicating that both the Department of Community Affairs and the FSTED Council have current updated Port Mascer Plill. If an update to yoe port ma..:.-ter plan bas resulted in a local government comprehensive plan amendment within the paSt twelve (12) months, you do not need to answer Questions B or D in Part I, nor Question A in P~ II, A. Explain why the project is consistent with your r:nošt recent Port Master Plill? -, - B., Indicate when the Port Master P1an was incorpõrated into the appliéab:e LGCP? If not yet incorporated, when do you expect it to be adopted into the LGCP? "' C. ¡fapplicable, give ¡he LGCP amendment number which includes this FO~ project. . / D. Please list all amendments made to the LGCP a.s a result of a Port Ma.s:eI Plan Update, a port land acquisition, or a _ port project. . 'p. Please list due dates for the applicable local government Evaluation =¿ Appraisal Report (EAR) and the EAR- based 2.mendments, including any amendments to the Port Master Plan or transportation elements as a result of the EAR review. F. ¡fa p,oject involves a development of regional impact (DRI), please give ïbe name and number of the DR!. II. CONSISTENCY EVALUATION CRITERIA: A. Provide a map of the existing and future land uses of the port project E..-:d abutting properties. (If not shown on map included in Part B.) B. Identify the land use of the parcel as currently designated on the LGCP 2..lld the proposed designation necessary in order to proceed \\ith the project Demonstrate the compatibility of the proposed projects with the adjacent land uses. C. Pro\ide a description of the availability of public facilities, including s2I!i-..ary sewer, solid waste, transportation, drain2.ge, potab1e water, and recreation, a.s appropriate, and identify the demand that the project \\i11 place on each of these facilities and their level of service D. Provide information about the impact of the proposed project on naturd resources, including wetlands, beaches and dunes, submerged lands, flood plains, wildlife habitat, living marine reSû=es, and water quality, E. Provide information about the impact of the project on public access and historic resomces. F. Show how the proposed project is consistent, to the maximum ex""te¡:t feasible, with the Goals, Objectives, and Policies of your Port 1!aster Plan and the LGCP. 40f7 FSTEDrO!\.\[S-FORM-FS1ED·\ "';1 5:11~1 G:\....dmin\FSTED Grant AP?li~'tiDn3 Port Property 5-1-02 doc · '- '..,., PORT: ~OrrCT "llMBER: _ ROrrCT ","AME: FDOT DISTRICT: FSTED PROGRA:'>l PROJECT APPLICATIOì\ FORT PIERCE 2002- ACOUISITION OF 67 ACRES or PORT PROPERTY DISTRICT FOUR COUNTY: ST. Ll'CIE COUNTY ",' PART D - ECOì\mnC BEì\EFIT ANALYSIS Governor's Office ofTourj,,:-,, Trde and Economic Development The GOY<éiJ.or's Office of Touris~~'frade and Economic Dew:üpme::i¡ will be reviewing each project in terms of its economic benefit and corrs¡,;ency wit? the Fi.ve-Year ç¡;a~it~l Improveme~t ~r;gram.¡o be included ~ t~e Florid.a Seaport Missio? Plan. Each po,:, is encOlll"2ge;¡ to provIde detaJled economIC Impact analysIs ¡n,c:manon, The followmg mformatlon must be provided for each project for this re\ iew. ' ... I. Hm"\' THE PROJECT IS CONSISTEÌ'"T WITH FLORIDA SEAPORT MISSION PLAl". h-plain how this project is consistent with the Flori8 Seaport Mission Plan. Cite specific goals and objectives in the Plan, iSd indicate how the project fits into the Plan's five-year ca;¡ital ~provement program, --, II. HÒW'THE PROJECT WILL SUPPORT INTER..."A iIONAL COMMERCE. rnCREASE OR MAINTAIN CARGO now THROUGH THE PORT OR Th'£PROVE CRùlSE PASSENGER SERVICE. ., A. On what projections of additional service or cap:ity is the project based o·r.how is it needed to maintain existing ser.ice or capacity? TO FULLY DEVELO:: THE .PORT OF FORT PIE~CE ./ B. Compare present activity (cargo or passenger) a: ¡he po.. with anticipated increases in activity resulting from completion of the project. ESTIMATED AN}."'UAL ECO"S'OMIC IMPACT WILLGO FOR IvfINTh1AL TO 100,000,000.YEAR. E$T. PROVIDED BY POTENTIAL USERS. C. What is the expected life of the project? 99 YE.-'.~S D. What type of employment project will be created by li:e project? Why is it needed to support existing employmeD.!? 300 'NEW JOBS. Provide estimated project employment-.and wages: 1. Estimated total nurnber of new, full-time j 0':: , crea:ed qy the project: 300 2. Estimated total number ofternporary jobs created during construction: 100 3. Estirnated annualized average wage (not inÒding benefits) of the new jobs created by the project: $ 1 I ,78 (ST. LUCIE COU1'.T'!'S CURRENT AVERAGE WAGE) E, What port revenue estimates are associated with me project or will result from the project? 25,000,000 OVER 20YEARS. F, How will the port project affect and enhance th~ 10c2.L regional, and state economies? ESTIMATED 100,000,000 G. Indicate whether the project is located in or di,-ectly 2.djacent to any of the following officially designated arei?S. If so, which? Please check all that are applicable iSd lis: the name of the officially designated area(s). 1._ State Enterprise Zone 2. Brovmfield Area 3.== Rural Area of Critical Economic (c'ilcem 4._ Tax Increment Financing District 5._ Federal Enterprise Community 6._ Economic Development District (LS ED_~) 8. Urban Infill Þúea 9..-L Community Redevelopment Area 10._ Front Porch Florida Community 1 1._ Federal Empowerment Zone 12.--1- Community Development Block Grz.nt Eligible Þúea 50f7 FSTEDFŒ..\S-FO::L\[-FSTED-l loj! 5..'21,,'01 G:\A.~FSTED Grant AppJicatiOI15 Part Property 5-1-02.doc \.. ...." PORT: PROJECÙ.,u:'>1BER: PROJECT l'ì..\..\1E: FDOT DISTRICT: FSTED PROGRAM PROJECT APPLICA nON FORT PIERCE 2002- ACQUISITION OF 67 ACRES OF PORT PROPERTY DISTRICT FOUR COUNTY: ST. LUCIE COm.-rY 7._ HUB (Historically Under Utilized Business)1:0rte 13._ Other; Name of Officially Designated Area(s): III. ... STATDlENT OF ~Û:GIBILITY. OPERATll'i'G REVENUES. k,\i) ECONOMIC BE~"EFITS. (ports \\ith annual opera ing revenues of S5 million. or less may elect to propose for funding projects as defined in s. 315.02, Florida Statutes, and, therefore, must comply with the provisions of s.311.07(3)(b)(10), Floricia Statutes, by providing the following documentation.) . , Section 311.07(3)(b)(l0), Florida Statutes, provides that pr<?Jects eligibh: for funding include the Íollowing: "Construction 01" rehqbilitation of port facilities as defined in s, 315.02, exc!udir;g any park or recreational facilities. in ports listed in s. 311.09(1) with operatÏ1}g reve17''<e.s of 55 million or less, provided that such projects create economic development opportunities, capital improveme1Jts, and positivefinan cÏ:d T§t!lTns to such ports, " ., Ìf applicable, please provide infonnation below and attaclÍ additional documenlation attesting to Ûle port's operating revenues for FY99/00 to satisfy this requirement. A. FY 99/00 PORT OPERATING REVENUES òfS o ; 'were $5 million or less. . ,,: B. Please describe how this project is eligible under s. 315.02, Floridá Statutes. _ ç. Please explain specifically how this project creates economic development opportunities, capital improvements, and positive fmancial returns to your port. Use additional sheets, ifnecessary. \ 60f7 FS1EDFO?...\[S.fO:L'\~.fSTED.1 fnjl 5/22'01 r:.\.~m;n'l'STFD Grant Annlications Port Property 5-1-02,doc · .. r't \. '...,I PORT: PROJECT NUMBER: PROJECT NAME: FDOT DISTRICT: FSTED PROGRAM PROJECT APPLICATION FORT PIERCE 2002- ACQUISITION OF 67 ACRES OF PORT PROPERTY DISTRICT FOUR COUNTY: ST. LUCIE COUNTY " '. PART E - TRANSPORTATION IMPACT INFORMATION ... Deoartment ofTransDortation '\ The Department of Transportation\will be reviewing each,project in terms of its consistency with the Florida Transportation Plan and its adopted work program. The follbwing information must bè provided for each project for this review. I. STATEMENT OF TRANSPORTATION ThIPACT CRITERIA: A. If not provided in Part B, provide a map indicatiñg existing highway and proposed roadway access/connections to the port and the proposed port project (planned and programmed per existing Port Master Plan - include city, county, state, and/or.federal highway numbers where applicable), and note whether the roadways are part of the Florida Intrastate Highway System (FillS), National High\Ýay System(NHS), and/or a designatedIlational Highway System Connector. -, . - '. ' B. If not provided in Part B, provide a map of existing and proposed railroad access/connections to the port and proposed port project (planned and programmed per existing Port Master Plan - include common carrier name by location or indicate if owned/operated by the port). . . - / C. _ Provide a traffic impact analysis sufficient to identify existing ánd projected level of service impacts on off-port loadway arterials identified in Question A resulting ftom implementation ofthe proposed project. D'. pescribe public and private passenger transportation services existing or required to serve the project location. lithe proposed project is related to cruise operations, a detailed answer is required E. Provide an estimate ofthe increase in number of vehicles per day resulting ftom implementation of the proposed project, if any. N/A F. Provide an estimate of the increase in number of railcars and/or TEUs per day resulting ftom implementation of the proposed project, if any; and include a rnap if not provided in Part B indicating the impacted rail/highway grade crossings resulting ftom the implementation of the proposed project, if any. NIA G. Provide an estimate ofthe maximum length ofvehicJes expected to be utilizing the facility as a result of the proposed project. N/A H. Please attach a statement ftom the appropriate local govemment(s) or governmental agency concerning impacts related to the adopted level of service standards of the highway facilities impacted. 7 of? fSTED FO?.\!S _ fOP..\I-fSTED·1 Injl 5/22/01 G:\Admb\FSTED Grant App1icatiMs Part Property 5-I-02,doc TO: BOARD OF COUNlY COMMISSIONERS SUBMITTED BY(DEPT): Administration SUBJECT: Bi-Weekly Committee Reports ~ AGENDA REQUEST ITEM NO. 7B DATE: July 22.200:3 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] 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 Þi-weekly Þasis, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has Þeen decided by the County Administrator that this item will Þe 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 Blueway Advisory Committee ChamÞer of Commerce Board of Dir. Children's Services Council Cultural Affairs Council Friends of SLC LiÞrary Property & Homeowners St. Lucie County Fire District Transportation DLCB Treasure Coast Regional Planning Council COMMISSION ACTION: [ ] APPROVED [] DENIED W OTHER: Reports Given Meetin~ Date As Needed Monthly 2nd Thursday 2nd Tuesday 2nd Thursday 2nd Wednesday :3'd Wednesday Quarterly :3'd Friday Com missioner Barnes Lewis Lewis Lewis Bruhn Barnes Bruhn/Coward Lewis Coward/Hutchinson 07/18/03 F'7~BWARR FUND 001 001137 001141 001148 001149 001152 001274 001276 001279 001281 001809 101 101002 101006 102 102001 102105 104002 105 107 107001 '002 ~ 1003 121 140 140001 140124 160 183 183001 183004 185003 310003 316 401 418 421 441 448 449 451 458 461 471 478 479 I' -, ~ '"' ST. LUCIE COUNTY - BOARD .."" WARRANT LIST #42- 12-JUL-2003 TO 18-JUL-2003 FUND SUMMARY TITLE General Fund Zora Neala Hurston Dust Tracks Heri Section 112/MPO/FHWA FY02/03 CSBG Grant FY03 Section 112/MPO/FHWA/Planning 2004 Urban Mobile Irrigation Lab 02/03 FDCA Emer Mgmt Prep & Assis FY03 TDC Planning Grant F/Y 03 Urban and Comm Grant 2001 FL Fishing & Boating Heritage SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinator Elizabeth M. Kiessel Bequest Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Blakely Subdivision Fund Port & Airport Fund Port Fund FAA Install Perimeter Fencing Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP FY02/03 Impact Fees-Public Buildings County Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No. County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund EXPENSES 565,191.12 10S.51 2,225.55 1,975.48 863.48 888.02 363.52 501.93 77.56 90.95 95.11 100,610.43 58,875.7S 8,085.50 27,096.37 10,339.83 487.93 1S0.00 9,469.99 594,277.82 258.19 17,920.57 38,537.43 69.24 9,389.65 102.93 17,917.60 7,545.24 2,448.75 892.37 993.62 13,670.96 16,692.63 288,830.18 140,337.07 16,928.65 76.62 7,393.46 149.78 540.99 46,315.70 135.33 27,767.33 1,752.91 104.09 50.21 17,858.92 460,640.05 PAGE 1 PAYROLL 535,967.78 157.16 1,768.80 1,042.07 4,921.64 1,224.80 0.00 338.55 1,036.80 131.98 1,224.80 116,055.96 0.00 0.00 46,460.16 3,944.85 1,326.40 0.00 1,980.84 90,774.40 854.00 10,367.57 0.00 0.00 11,784.64 0.00 0.00 4,425.88 4,797.34 1,143.26 2,946.47 l,19i.20 0.00 0.00 41,596.33 23,603.92 155.71 2,535.37 482.36 278.83 1,514.80 546.48 15,123.86 2,902.95 96.19 150.58 35,507.55 2,968.00 . t , '-" ....,. 07/18/03 ,..: ST. LUCIE COUNTY - BOARD PAGE 2 F'7Z1..BWARR WARRANT LIST #42- 12-JUL-2003 TO 18-JUL-20J3 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 505001 Property/Casualty Insurance Fund 952.20 1,903.20 611 Tourist Development Trust-Adv Fund 2,607.23 5,871.76 615 Impact Fees Fund 1,579.20 0.00 625 Law Library 13,387.27 0.00 630 Tax Deed Overbid Agency Fund 4,123.98 0.00 650 Agency Fund 7,078.54 0.00 672 F.F.A. Road Fund 490.21 0.00 GRAND TOTAL: 2,547,310.95 981,105.24 ...... 'w1I AGENDA REQUEST ITEM NO. C- A1 DATE: July 22,2003 REGULAR [ ] HEARING [ ] CONSENT[X] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Purchasinq Ed Parker, Purchasing Director SUBJECT: Permission to advertise Request for Proposals for 1 O-year naming rights for co-sponsorship with St. Lucie County for the Equestrian Arena Building at the Fairgrounds. BACKGROUND: To solicit vendors to provide proposals forthe naming rights for co-sponsorship with St. Lucie County for the Equestrian Arena Building at the Fairgrounds. County staff has worked with the Fair Association to develop the specifications for the construction of the new arena. In addition to the horse events, the arena will be used for concerts and other public events. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise Request For Proposal (RFP) for 1 O-year naming rights for co-sponsorship with St. Lucie County for the Equestrian Arena Building at the Fairgrounds. COMMISSION ACTION: 1tJ APPROVED [] DENIED [] OTHER: CE: Approved (5-0) Doug derson County Administrator Coordination/Siqnatures County Attorney:(X) CJ / Y ~/<::, Mgt & Budget' Other: Purchasing Mgr,:(X) Other: aT Originating Dept: Finance: (Check for Copy only, if Applicable) Eft.1/97 ... . ....... BOARD OF COUNTY COMMISSIONERS ...,¡ PURCHASING DEPARTMENT Edward Parker Director MEMORANDUM To: St. Lucie County Board of County Commissioners From: Ed Parker, Pmchasing Director 511 t Date: July 18, 2003 Re: Equestrian Arena Naming Rights *************************************************************************************************************** At the July 17th Budget Workshop the Commissioners reminded staff of their previous direction to seek sponsorship for Naming Rights for the Equestrian Arena to be built at the St. Lucie County Fairgrounds. The County has $750,000 budgeted for this facility. The total estimated cost of the project is $1,000,000. The Request For Proposals (RFP) will be seeking at least $250,000 for the Naming Rights sponsorship which would be good for a 1 O-year period. The RFP will request that the Naming Rights be paid up-front or in equal increments over a 10- year period. If one chooses the equal increments, the Naming Rights will exceed $250,000 in that there will be an interest cost associated with this when we borrow the money. cc: Douglas M. Anderson, County Administrator Ray Wazny, Assistant County Administrator Pete Keogh, Parks & Recreation Director Marie Gouin, Management & Budget Director Dan McIntyre, County Attorney JOHN D. BRUHN, District No.] . DOUG COWARD, District No. Z . PAULA A. LEWIS, District ~o. 3 . FRANNIE HUTCHINSON, District NO.4. CLIFF BARNES, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue . Fort P¡erce. FL 34982-5652 . (772)-462-1700 . FAX (772) 462-1294 -- ............- \..- 'wII Agenda Request Item Number: Meetina Date: C It -'/¡ July 22, 2003 Consent Regular Public Hearing . [ ] [X] [ ] [ ] Quasi-JD [ SUBJECT: Campus Master Plan - Agreement for Services To: Submitted By: Board of County Commissioners Community Development BACKGROUND: As the Board is aware, the County has been working V:ith Thomas Lucido and Associates to finalize a revised campus master plan for the Virginia Avenue Office Complex and for the Selvitz Road property that we will be obtaining as part of the development of the Midway Industrial Park, Phase III. Revised preliminary plans are being prepared and as we have previously discussed with the Board, we will be presenting these to you in the next few weeks. FUNDS AVAilABLE: Funding will be made available from 316-1930-562004-16009 (campus master plan - building architecture) PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board authorize the final execution of these agreements, totaling a not to exceed amount of $25,500. Approved (5-0) ENCE: COMMISSION ACTION: tJtJ APPROVED D OTHER D ,DENIED o las M. Anderson ounty Administrator County Attorney Finance.: Environ. Resources; Coordination/ Signatures Mgt. & Budget: Fire Dept: Utility: Purchasing: Public Works: Engineering: (agend720a) '-' 'WJI Commission Review: July 22, 2003 COMMUNITY DEVELOPMENT DEPARTMENT Administration MEMORANDUM TO: County Commission FROM: Community Development Director DATE: SUBJECT: July 21, 2003 Campus Master Plan - Agreement for Services As the Board is aware, the County has been working with Thomas Lucido and Associates to finalize a revised campus master plan for the Virginia Avenue Office Complex and for the Selvitz Road property that we will be obtaining as part of the development of the Midway Industrial Park, Phase III. Revised preliminary plans are being prepared and as we have previously discussed with the board, we will be presenting these to you in the next few weeks. Attached are copies of the two required work authorizations necessary for this work to be completed. Staff recommends that the Board authorize the final execution of these agreements, totaling a not to exceed amount of $25,500. If you have any questions about this matter, please let us know. DJM CAMPUSPLAN(H) cc: County Administrator County1'.ttorney '-" ~~ Vv \.. v ~ . Vv¥ V Thomas Lucido & Associates, P.A. Land Planning/Landscape Architecture ......, June 18, 2003 Mr. Douglas Anderson St. Lucie County Administrator 2300 Virginia Ave. Fort Pierce, FL 34982 RE: Proposal of Services - Preliminary Master Plan 24- acre Administrative Complex- Amendment Our Ref. No. B577.1 . Dear Mr. Anderson This Agreement shall serve as authorization for Thomas Lncido & Associates, P.A., , herein referred to as the "Consultant" to St. Lucie County hereinafter referred to as the "Client", to provide planning services for a governmental office expansion located in Fort Pierce, FL. It is our understanding that we will provide the following specific services: SCOPE OF SERVICES: · Preparation of schematic site plans for County Governmental Complex per information ITom County personnel Meetings with Staff to review plans, program of development and overall planning objectives ' Revisions to preferred site plan schematic (s), coordination with staff and/or others, meetings to review plans Preparation of final site plan in color rendered format Meetings as necessary during design process · · · · FEES: Fees shall be billed on an hourly basis and are estimated not to exceed, Sixteen Thousand Dollars ($16,000.00). V 322 G<:orgia Avenue Stuart, Florida 34994 772 / 220-2100 Fax 772 / 223.()220 V 827 North Thornton Avenue Orlando. Florida 32803 407 / 898-9521 Fax 407 / 898·9768 V 100 Avenue: A, Suite 2A Fort Pierce, Florida 34950 772 / 467,1301 Fax 772/ 467-1303 '-' Mr. Anderson 6118/03 .."", Proposal - 8577.1 Page 2 of2 EXPENSES: Reimbursable expenses shall include reproduction, travel, courier, and telephone costs, and shall be billed on a monthly basis in addition to professional service fees. All vendor reimbursables shall be charged direct costs plus 15%. Travel expense reimbursement is su~ject to the requirements of Section 112.061, Florida Statutes. TERMS: Hourly fees that are based upon estimates; no gúarantee is made or implied that the final fee for services based upon time and expense will not vary ÍÌ'om ,the, estimate shown. Consultant shall not exceed the estimated fee without the Client's authorization. Invoices shall be considered past due thirty (30) days ÍÌ'om date of billing. Work process shall stop after account is ninety (90) days in arrears. In connection with any litigation, including appellate proceedings arising out· of this Agreement, the prevailing party shall be entitled to recover any amounts due and/or unpaid, together with costs; interest and. J;easoriabl~ attorney's fees. In the event any invoice or any portion thereof remains unpaid for more than sixty (60) days following the invoice date, the Consultant may stop wórk and initiate collection and/or legal proceedings to collect same. All original drawings and information are to remain the property of Thomas Lucido & Associates, P.Á. The Client will be provided with copies of final drawings and/or reports for information and reference purposes. Plans, documents and graphics are riot to be revised by a third party without the written consent of Thomas Lucido & Associates, P.Á. All plans, documents and graphics are to be considered· a.ccepted by Client after client review and acceptance. . . Paynient of fees is not contingent upon procurement of permits, approvals or consent of or ÍÌ'om any governmental body or party involved. Client shall be responsible for payment on all services rendered within the scope of services to the Consultant. - The obligation to provide further services under -this agreement may be terminated by either party upon thirty (30) days written notice. In the event of any termination,. the Consultant will be paid for all services rendered to termination, all expenses subject to reimbursement hereunder. In the event the .Consultant's comp~nsation under this Agreement is a fixed fee, upon such tennination the amount payable to the Consultant for serVices rendered will be a proportional amount of the total fee based on the ratio of the amount of the work done; as reasonably detennined by the Consultant, to the total amount of services which was to have beeri performed, less prior partial payments, if any, which have been made: The fee and timing for the quote above is valid for a period of thirty (30) days ÍÌ'om the date ,of this contract. ,"--" Mr. Añderson 6118/03 ..." Proposal - 8577.1 Page3 of 3 SCHEDULE: Consultant shall deliver final site plan to the County within 180 days ITom commencement of the contract. ADDITIONAL SERVICES: Additional services required as a result of substantial changes in the establ~hed project program or concept, unforeseen constraints or as requested by the Client will be billed under separate contract. This includes revising previously approved'drawings or other . documents to accomplish changes not initiated by Consultant. Receipt of the signed original proposal shall be our authorization'to proceed. The enclosed duplicate original proposal is for your files. APPROVED AND ACCEPTED THIS [ ] DAY OF [ ],2003. Thomas Lucido & Associates, P.A. St. Lucie County By: Grego Director By: Mr. Douglas Anderson St. Lucie County Administrator '--' ~~ ,v~~~'} V~V V Thomas Lucido & Associates, P.A. Land Planning/Landscape Architecture ...." June18,2003 Mr. Douglas Anderson S1. Lucie County Administrator S1. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Proposal of Services - Selvitz Road, 30-acre Parcel Our Ref. No. B700 Dear Mr. Anderson: This Agreement shall serve as authorization for Thomas Lucido & Associates, P.A., herein referred to as the "Consultarit" to St.' Lucie County Board of County Commissioners, hereinafter referred to as the "Client", to provide planning services for a project known as Selvitz Road 30-acre Parcel located in St. Lucie County. It is our understanding that we will provide the following specific services: SCOPE OF SERVICES · Preparation of schematic site plans based on development programming provided by staff Plans to indicate access, parking, wa~er retention. and building locations for governmental ~ctwns . Meetings with staff to revièw plans, program of development, and overall planning objectives Revision to site plan schematic(s), coordination with staff and/or others, meetings to review plans Preparation of final site plan in color rendered format- Meetings as necessary during desi~ process · · · · · PROCESS Plan to be approved by client. Final plan to be provided for Board of County Commissioners' ~approvaL \ 'I 322 Georgia Avenue Stuart, Florida 34994 772 I 220-2100 Fax 772 I 223,0220 'I 827 North Thornton Avenue Orlando, Florida 32803 407 I 898-9521 Fax 407 I 898-9768 'I 100 Avenue A, Suite 2A Fart'Pierce, Florida 34950 772 I 467-1301 Fax 772 1-467.1303 ~r. Ande~ 6/18/03 ..... Proposal - 8700 Page 2 of3 FEES Fees shall be billed on an hourly basis and are estimated to not exceed Nine Thousand Five Hundred Dollars ($9,500.00). EXPENSES Reimbursable expenses shall include reproduction, travel, courier and telephone costs, and shall be billed on a monthly basis in addition to professional service fees. All vendor reimbursables shall be charged direct costs plus 15%. Travel expense reimbursement is subject to the requirements of Section 112.061, Florida Statues. TERMS Hourly fees that are based upon estimates; no guarantee is made or implied that the final fee for services based upon time and expense will not vary .ITom the estimate shown. Consultant shall not exceed the estimated fee without the Client's authorization. Invoices shall be considered past due thirty (30) days ITom date of billing. Wo.rk process shall stop after account is ninety (90) days in arrears. In connection with any litigation, including appellate proceedings arisjng out of this Agreement, the prevailing party shall be entitled to recover any amounts due and/or unpaid, together with costs, interest and reasonable attorney's fees. In the event any invoice or any portion thereof remains unpaid for more than sixty (60) days following the invoice date, the Consultant may stop work and initiate collection and/or legal proceedings to collect same. All original drawings and information are to remain the property of Thomas Lucido & Associates, P.A. The Client will be provided with copies of final drawings and/or reports for information and reference purposes. Plans, documents and graphics are not to be revised by a third party without the written consent of Thomas Lucido & Associates, P.A. All plans, documents and graphics are to be considered accepted by Client after client review and acceptance. Payment of fees is not contingent upon procurement of permits, approvals or consent of or ITom any govérnmental body or party involved. Client shall be responsible for payment on all services rendered within the scope of services to the Consultant. . The obligation to provide further services under this agreement may be terminated by either party upon thirty (30) days written notice. In the event of any termination, the Consultant will be paid for all services rendered to termination, all expenses subject to reimbursement hereunder. - - - / ,..-/ AGENDA REOUEST ITEM N~ C-A.3 Additions Date: July 22, 2002 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Air Charter of Florida, Inc. - Consent to Transfer of Control to Twisting Air, Inc. BACKGROUND: See C.A. No. 02-963 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve the proposed transfer of control of Air Charter of Florida, Inc. to Twisting Air, Inc. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: ou M. Anderson County Administrator Approved (5-0) Coord ¡nation/Signatures C<>""'''""'''~ ~ Originating Dcpt.: ' Finance (Cheek for opyonly, if applicable): Mgt. & Budget: Purchasing: Other: Other: \w- ..." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 03-963 DATE: July 21,2003 SUBJECT: Air Charter of Florida, Inc. - Consent to Transfer of Control to Twisting Air, Inc. BACKGROUND: On March 12, 1992, the County entered into a lease agreement with Air Charter of Florida, Inc. for a fixed base operation at the St. Lucie County International Airport. On January 27,2003, the parties entered into an amended and restated lease agreement to extend the term for an additional forty (40) years and further update the terms of the lease. Paragraph 24 of the lease requires County approval prior to the transfer of control of Air Charter to another party or entity which approval shall not be unreasonably withheld. The lease defines "control" as more than fifty percent (50%) of the corporate stock. Attached is a letter from Rickey Farrell, attorney for Air Charter of Florida, Inc., advising the County that Twisting Air, Inc. is purchasing one hundred percent (100%) of Air Charter's stock. The sale has closed in escrow pending consent to the transfer by the County. A copy of the documentation submitted by Twisting Air to the County in conjunction with the request for consent to the transfer is attached. Staff has reviewed the information and it appears acceptable. RECOMMENDA nON/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed transfer of control of Air Charter of Florida, Inc. to Twisting Air, Inc. Respectfully submitted, H~~g Assistant County Attorney Attachments HY/ Copies To: Concurring Staff Clerk Secretary Press Public "-'" ......" rœ"o rn © Œ ~\fT1~ II,¡ i· I JUL I 4 2003 \\5 RICKEYLFARRELLATTORNEY AT LAW, .AI i ! 1595 S.E. Port St. Lucie Boulevard COUNTY ATTORNEY! Port St. Lucie, Florida 34952 .--' 772- 335-5455 772·337·3485 Fax July 9, 2003 Ms. Heather Young Assistant County Attorney St. Lucie County Administration 2300 Virginia Avenue Annex Fort Pierce, FL 34982 Re: Air Charter of Florida, Inc. Dear Heather: Pursuant to the Amended and Restated Lease Agreement between Air Charter of Florida, Inc. and St. Lucie County, Florida, there is a requirement that the County be notified when there is a significant change in ownership of stock of Air Charter of Florida, Inc. and the County must consent to the change in ownership. Jean Marie van Ovost has sold his interest in Air Charter of Florida, Inc. to Richard Himmel, as President of Twisting Air, Inc. Prior to the transaction, Mr. van Ovost owned 100% of the stock of said corporation. He is selling 100% of the stock in said corporation to the Purchaser. The transaction has been closed in escrow, pending approval by the County, Please advise me as to what, if anything, the County needs in order to grant its approval, as contemplated by said Lease. This is a very time sensitive issue and I would appreciate it if this matter could be eXDcdited. 1 Should you have any questions, please feel free to contact me at your convenience. Sincerely, ~~ RLF/tnsg cc: client 1P'~' ~~ ) 2:3Ðl:ld . :JuI 'l..::J }O "¡d...H14:J "¡J""ar WI:I,:Þ:01 nHl E002-¿':-lnr ~ 67/l5/2ßß3 15:05 ~ 5614621440 c:ou PAGE Ð3(1l PROPOSED TRANSFER OF FIXED BASE OPERATION ("FBO" ST. LUCIE COUNTY INJ'ERNATIONAL AIRPORT fõ)Œ&ŒßWŒJñl l11J J1' 8 2003 l!1 COUNTY ATTORNEY DATE RECEIVED; 1. Name of firm armdividuaHas would appearOTl ¡!!lase): ~I.j h()'j 41r II1C, 2. Principal AddrcßE 127<fL pr 71<. ~L- ..-ú tUe.Sf- ~~ bf!e>..-c/' Fe.-· 33YI2- A. v p. ojJero-h~s I' 772. - 201- 050.2... ,4., -,. c. JvJ- ¡tV Lc. Locarlon/Desoriptio'l: ere.... + 5,v I c~ Ce.-<- ~L r- ¡:, X'erc e. Approximate Square Footage: 907' 37'8 ~ .¡::.¡.. Existing Improvements: f? w re..;o.. f- J 7 M 4¡¿K K££D 3, Contact Pe-rsonlTitle: 4. Teleohone Number of Contact Person: 5. Pro"oslId Lease Area: Ft.. B. c. 6. Type ofBu,iness ET1ti1;y: ( >< ) Corporation ( ) Partnership ( ) Joint Yrmture ( ) Individual 7. If a Comoration. answer the fo1lowin~: B. When incorporated: FlcnJa.. ..J.OO I Publicly ( ) Privately 9() A. Where incorporated: c. Tbe corporatioTl is held: 1 [::3ÐtJd \.,..r 67/15/2683 lG:6b ·:JUI 'ì.:J Ja .Ja,.JeYJ .J·":ar WtJ2b:m; nHl [002-L1-ìnr ...,,¡ 5514621446 cou PAGE 1;14/11 D. 1£ foreign corpora.t;jOtl, date of registration with Florida Secretary of State, and name wd addrr:ss ofR.esident Agent: E. FUM1ish the name, titJe, a.od address of each officer, director, and principal sbBt'cholder Qíl'o:ctor~sName: ¡¿>'-e-ho-.rd -- ',&C/c owning 10% or more of tho I;orporation's issued stock.: [ N,mMe-1 F /, ~" Principal Business Affiliation Other Than fro.poser's Directorslú.l:!: cc;~ D. '1."3~\~~ J /27gZ. <11 It-;J Wes:fÆ../M J ne " ¿AT !Z.J 7; ,55/:0 ¡J ¿VJ2S,j Æ/N' "',);0.\\1; If.,), fN~,.ìl1.J-. Address: Qfficer's Namc; g'cAo/d ft-C/c .I}I/ M r:- Address: fl'&1./I1~ / ¡:: /;1'71"\ £eed Position: ß!-J. J~_/\ .J- V.p /fA A-/¡Jr ¡) P qr'.e ro--I, ~J' Address: Pril1ciDal Shareholder's Name: f2/çt..a.~ ;-h~Me- ( ~C k. )-::: ('-^ /1 Iz 7 s--z. ~7 pc.. /2. i 7 7 r') ¡e 0 It J .Ai tJeJI'f2/,-v¡ 33 'i I Z I...J(! .r I- d /,.n 8. If a PartnershiD. answer the followin~ A, Date of orgB:!] ;ution: S CDd.- B. G~Iu:ral partnerslùp ( ) Limited partnership .P() 2 Þ:391:Jd ·::¡ur 'l.:J;lo -Jëlî-JI?YJ ·"'-I:or W1:J2Þ:0r nHl [002-¿r-lnr ~ 07/15/26e3 16:66 ~ PAGE: 85/11 561462;1.440 cOU C. partnerShip AgreemE:11t reoorded: Yes ( ) No [;,>1 :Date Book Page Location D. Name, address and partnership share of ea.ch genera! partner: ;-::/, /L/[ £efd Address: /2.. 78Z. ~? Pt. ¡J wøsf;2..l.... 3>'!. 'f (2- 12.17"'1 55(dtJ /..;~sl-IJII:" 3,W(z- Vuo ßto.d-. r:e-. Share %: Name: æ ~Á 1h."uf1A CJ / J -;c t ¡vi A-1!../L (ÓO % 35 o¡{, solo 9" Tf a Joint Venture. answer the fol1owin~ A. Dato of organization: d.Cö~ B. Joint Venture Agrc4rnent rccorded: Yes ( ) No Ç;:X) Date Book Page Location c. Name, address and partnership share of eaçb gtneraJ partner: ~ame: ¡/~ G~ ,Xef ¡J¿1o/f. d~A Mvl pi ~ P"\. Ae,d ðddress: /27J"'l /'1 ;Pc..,J ~f-t2J,.A. /2..17'1 55 i!tJ)J wesf PJN\ V ~ orb &eo...c. £, Flor . d.... Share %: 60 3-S- S- 10. Pinancial Statement:!:. Attach financial statements prepared in ¡¡,ccordanclJ with genC!r.aUy accepted a.ccounting principles, reflecting proponent! s current financial condition. .pIUJ~ J~ a.,tfr,..c.L...cl 3 S:3Ðtd . :JUr 'l.:l Ja .IdÎ.I!?4J"·~:OI Wt2Þ:01: nHl [002-H-lnr '-' e7/15/2e03 15;66 ...., 5514621441!1 cou PAGE 86/11 11, SuretY 1l1farrnation: Has tbe proponent or onl: oftbc indivdl,lal~ listed above ever had a bond or surety cancelled OT forfeited? Yes ( ) No OC) J.f yes, state na.me of surct;Y. date of cancel1ation or furfeiture, amount ofbonð, and feaaOn for the cancellation or forfeiture; 12. &!ankruDtcv Tnformation: Has the proponent or one of the individuals listed above ever declared bankruptcy? Yos q)<) No ( ) rfyes, sbte date, courtjurisdictjon, amount oflilÙ)ility and amowrt of asset: 12, cho-rrJ J.h~Æ ,1A P . ¡/:''Jéd,-'n ! 9 J-7 J- c,G .3 0,()OO , &.v,s {jvrt d;sc/../"c! ,,.. _:;7 leu,'" f3o..jl- :Sf tL~/l.r /3 /99ð /d,d /:.. :tlf !~' ~~"'Il~S ,,(ø.../I I Æ'lIdW'7 q/, vorce 13, Financial Rcft;T-coccs: List a minimum of four (4) individllals or finT'lll with whom the proponent has conducted 51 gnificant financial tran~actj ons during the past three (3) years. If a firm is listed, sta1e the name of the department andJor person who may be conta.cted. Rercrencc No.1: Name: Kc. VI' /'\ Firm: rEV/51! eS 5 Title: fJ,p $/' dc:>{) j Address: ¿)(1 I l:Á- 5 Telephone: .;2 I L(- {;;S 1../ - /500 Nature (If Association: &J I ' '> r7 I! 55 , :r; rdccn , /e. .j --5è,'-VI'C ~.:> :7-ë- X: CLS (' i.J )~r¡ A~(1c-J~ 4 9:381jd \..or e7/15/2883 15:e6 Reference No.2: Name: Firm: Titl=:: Address: Telephone: . ::¡ur ',.::I J 0 ..I';¡ì ..I1?4),' ':or WtI[Þ :01 nHl [002-2. 1-ln.r ."""" 561462144e OJU PAGE 07/11 A {'CL,h en" J1~D/d lie/? S k.." / ;/tl-K Iff/- £. /lv¡~h~ ~e 5~ dp~r¡ I- L1..v , C þ/ò/'/ ak 7S{-(~ 370 - 9& b :5 Ve.'\dof / (}V5~ / Nature of Association: R(fercncc Np. 3: Name: 80 - ÃLIcIAì' Firm: tIber" Ar Title: ¡:;~ s,:Je/1 I- Address: / J/c?2-0 W¿fhur-f1e. ¡(1,,::'e ¡)t!!r¡ ~/, 3) t¡"'¡c:' I Telephone: ,r:;'& l- y 1.5·, i.¡320 NaturtofAssociation: (luc;kY'1er / /Î¡;/crð--'¡-¡ Sc;:...l~'s /" Reference No.4: '/0-/1 d II £- / VrOYVt EVO/1s1 (!~OSI '/-..s V~ Mc...(,~.j ,/<)" Ie) I Address: /f) 17. /1..5 f,'e /d Teleph011c: ,,y i '7 - ¿¡ 7 7 90/ c¡ Nature of A~ociation: ilv/ñe ,"'" / as hrvr er- I Name: Finn; Title: IX- 14, Occrationa.1 References: List a minimum of four (4) individuals or flrm6 with knowledge of the proponent's ability to opel'ate a Fixed Base Operation (FBO), 1.f. a tinn is listed. state the name of the depilrtment and/or firm to be contacted. 5 L:3Ðljd . :;¡u1 'l.::J J 0 .J<3'.J1?4""' ,".' :01 ~ WIj~Þ:01 nHl ~002-L1-lnr '-' 87/15/2883 16:66 -..""I 561462:1448 cou PAGE 138/11 RcferellC~ No.1; ÄJ ( ~, 'J r firm: .Qv 15/11Z-SS ¡e f -X!-rv'rc e '\' v ? ú./ !nef . cJ (,A,h'7e.-,,- / DJ/o-5 IX. TeJephone: (.;2/ L{ - b5 L( I NaturllofAssociatiOT1: t7-1e,'\d 1r00r~e.~/ ca$SO~('.vf<- /. ¡;;~ / ff.V11 'S' / /ì C . £e / ~ 15 Name: -Xrd a/\ Title: Address: RefL:rel1ctJ No.2: Name: ¡J rc rc._i'/- Firm: ~:'-c ro--.Jf Tide; {â£.~ / 6u..J/le.r-" Addross: µCl--J (; <; IX . Na.turc of A""ciation; h- (~ /ì j J ô), f'\ J I-.ÚJC'-/ -f du{,S-/.1-" S S aSS oc ,:.J-e -.lIe"J.,.- RefL:rence No.3: Name: ::Fe- -FF F- ( fz- Fi!'fTI: R'() '¿ -I C (J /,þ Title: V P ý1.A OJ .'1. j- Address: /31./ bCV\ ¡ C 4 < Telephone: ..1) I J' ./ C; 2.. (1' .-- / (¡ ( 7 Nature of Association; 15 1./';;1 p" ç (). S ~ ,,'- ;o....-f e. (ùJ~ 6 8:3Ðljd ·:'UI ',.:I )0 .Ja'.J~4J .) ':ar WIj£b:0l: nHl. £002-H-,nf ""'" ...... 67/15/2003 16:BG 561462144B cou PAGE 139/11 Reference No, 4: ~ N~~ ~r>J ,C /IIU",- J20rfs ( h? Firm: ~ 5t.1vt I C 1/).0 h r _'l0r. fs I). (J ril, Ù I>ee- /r, r . AddreS5: JV or-fÆ C ~ 1,,'1. "- J - ì o'-f - C¡o5 - /7/ ') Cv.s~ Lljes J T;tl~: Telephone: Nature ofA5sociation: 1 S. O"eratjonal Information: A. r s the Prop0¡1cnt cun-ently operating an FBO? Yes ( ) No 0 If $0, state name ofPBO and location: B. Has the Proponlllnt previously operated au FBO'? Yes«) No ( ) If 50. state name of FBOB1,1d location: Boc CA. Avi~-h",yY1 S·'7"'rlJ.vr"{:> h-r J~-jP£n(j I. /, T- I B(>~jef It1+ l iv/fa... Òk: oj /rl,dc.oO-'I ¡t19J:~ sf~v;~. C. Have any agreements held by the Proponent for the operation of an FBO ever been cancelled? Yes ( ) No (~ If yes, state the rea¡¡onll fo,. the cancel1¡uiOI1: 16. Construction Plans: (If pha5~ planned, indicated reque$t£d inronnz;' for each pbase.) A. Estim~t¡:d COnUJleD cern cnt date: ¿Jnn L{ _,~ 0 r.¡e (>,..( , I ./ B, Estimatedco111.pletiondaœ: ;2 00 0 E. Nature of planncd construction: ¡:;. r¿ rA ; e. ,..- (}.I / fSkeo..rV\ file óYl ~d Corto,ojr¿ fh;.cro.:/+ / ~.Je-s 7 - :=> J-d5.0. bq CfX) ~ r+. íY! &t-i~ :f 6-:5C ¡;;~ D. Estimated cost of construction: .J -,.l) Lj IJlrf '5 /}Ill I/,' (]ý/ c. Estimated total buïlding(s) square footage: c /'a.../IR/'l eí 0[':"- c .-0-'; ¡. < ey¢"';S'Ic,..,.. jJ.(/-cr"'J,.-ff Jlust.. )c.,r.f ). . I f'IJi 0...1 (o.:f, C'r\ S 6:39t1d . :JIJI 'l.::J }O ..I<31..1py),' ':OI Wtl.... vv:01 nHl £002-L1-lnr '-" ~7/15/26B3 16:66 ..., PAGe: 113/11 5614G2l44e! cou 17. Additional Information: To a"Ìd in the proper evaluation of all proposals and ro ensurE:: uniformity of jnform&tion submitted, each proponent must im.lude at. a minimum the ronowing information: ¥ ðÐ ¡fï) ! Projected employmemlevels:ß5- L/a e,V'" lo,ee:<¡ 1.1. lop:. /.5" ~ 3S '¡)(¿I h,- Any exceptions to the informatiOtl r~uesœd: .vIA- I A, B. c. Any other information which may be valuable to the County in evaluating the proposal: Sc:e i?c h:n?,Acp 112 I-j~./S NO PROPOSAL SHALL BE ACCEPTED UNLESS SIGNED BELOW WHERE APPROPlUATE: Individu:ll: '~(5 /¡ ~ ç #/ :r./1 c. jJ I . Name: K I'c-ÁW"C.J :E- D/B/A; j{ í ,fu'--v,ce re,'" /-é./'" Jh~~1 Partnershiu Qr Join1 Ventu:n:: (At loasttwo (2) parlDers or each ofthejoint venturers must sign) ~¡j' > Ir"lC ~¿/',J, Name of artnersh;p or Joint Venture -idl---, ~<hod Partner or Joint Venturer ¡c..-J,IJV[ Ilv.~/ By: Ðy: 8 . -. . -. . ...... 01:3!:Jl:ld 5614621440 ·:JU1 'i~ )0 Ja1J!?YJ " ':01 '~ WI:IÞÞ:0~ nHl £002-L1-inr PAGE 11/11 \..,.i 07/15/2683 lß:e6 cou 9trporßtif)n~ The dl,lly au~horized officers must sign as follows: TbfJ undersigned, by execution oftbis proposa.lForm/ ceTtitie5 thathe is P-e.5' dV'" }- of the corporation named be1ow; that he signed this Proposal fonn for and on behalf of the below named corpora1ion; and that be is authori7.,ed to execute same for I1nd on bebalf of said corporarion. ------ ¡fA fiSh? If> Name Corporation ....,.-- ~C I I I I I I I I I Att~ SecretarY C2- ~.------:> PresIdent By: 9 Mark From: To: Sent: Subject: I \.f' ed "Brenda Himmel" <bhimmel@bellsouth.net> <twisting@bellsouth.net> Tuesday, July 01, 2003 1 :51 PM 07.01,031tr R.Himmel '-.I' ) B US I N E 5 5 JET. S E R V I CE 5 - ch Himmel T isting Air, Inc. 3 31 Jet Center Terrace F . Pierce, FL. 34946 July 1, 2003 I am pie ed to be able to write letters like these to support a friend as well as assist in the building process a premier F.B.O. We have known each other over 10 years through which you have proven to be so eone who I can take our business to, and I can remain confident the job was handled professio ally and with integrity. Business Jet Services is proud to have you as an associate on our FAA Part 145 Repair Station license and Part 35 Aircraft Operations certificates. Our Red ced Vertical Separation Minimums (RVSM) test program is well underway and I look forward to your c mpany becoming an install facility for this program as well as our Gulfstream II & III Stage 3 hushkits. I look forward to a long and beneficial relationship between us. Best regards, Kevin Jordan Kevin Jordan 7/9/2003 '05/30/2003 ~) 2145541555 BUSINESS JET SERVICE PAGE 01 'oJ' høUSINESS JET SERVICES .1.'f!jIi'. _ OVERVIEW OF THE PARENT COMPANY -BUSINESS JET SERVICES, LTD. Business Jet Services, Ltd, is the parent of four companies including Business Jet Center, Ltd, which wa.s fonned to develop and operate the FBD terminal, fuelf¡um, and hangar and office complex. The Chairman and Managing General Partner of Business Jet Services is Robert J. Wright, who has been a Dallas resident for over 40 years and has over 30 years of rea! estate development and management experience. Mr. Wright has owned numerous corporate jets over the past 10 years, and his unique combination of real estate experience and business development talent enables Business Jet Services to have the insight to provide personalized corporate aircraft services and the expertise to redevelop and manage the former Dallas Jet Center property to very high standards. Over the past 30 years Mr. Wright has created and currently controls many private companies, most notably, Medical City Dallas, for which he is the founder and Managing General Partner. The President and General Partner of Business Jet Services is Kevin Jordan. Mr. Jordan has over 30 years experience in the corporate aviation industry. He is a FAA licensed Airline Transport Pilot with over 7,000 flight hours and four jet type ratings, For the past 10 years, Mr. Jordan has assisted in the growth of Business Jet Services family of companies to include quaJity aircraft management and maintenance, worldwide air charter services and aircraft sales in excess of $270 miUion, His success within the aviation industry is the result of his strong work ethic, personal integrity and breadth of experience. Business Jet Services, Ltd. is headquartered at 8611 Lemmon Avenue, Dallas. Texas 75209. It has satellite operations in Tulsa, Oklahoma, where it operates a 135-cbarter certificate and perfonns maintenance for its aircraft fleet. The Tulsa operation accounts for 30 of 160 total employees. ~ - 06/30/2003 1~:48 21465415% BUSINESS JET SERVICE PAGE 03 "-" ..."", Y1øUSINESS JET SERVICES - . Biographical Sketch H. Kevin Jordan Mr, Jordan is the Ovvner and President of Business Jet Enterprises, L.P., an aircraft sales organization specializing in large and mid-size cabin jet aircraft with total aircraft sales from 1993-1999 exceeding $200 million. Mr. Jordan is also the President and Co-Owner of Business Jet Services, Ltd.; an aviation management company controlhng assets in excess of $60 million. Business Jet Services specializes in personalized, high quality and safety oriented management services for corporate aircraft ovvners. It is a FAA licensed air carrier providing on demand worldwide charter services 24 hours a day, 365 days a year. Additionally, Mr, Jordan is the President and Co-Ovvner of Business Jet Center, Ltd" a full service aircraft facility and fixed based operation. Business Jet Center was fonned to redevelop and operate an IS-acre Dallas Love Field site consisting of a new 22,000 sq. ft executive tenninal, an office complex, over 125,000 sq, ft. of hangar space, and a fueling facility that sells jet fuel and avgas as a Phillips 66 branded aviation fuel distributor. Mr. Jordan has more than 28 years experience in aviation and is an FAA licensed Airline Transport Pilot with over 7,000 flight hours and four jet type ratings. He is an active member of the National Air Transport Association and the National Business Aircraft Association (NBAA). Mr, Jordan has been awarded the NBAA's coveted "Million Mile" safety award for operating aircraft in the conduct of business in excess of one million miles without an accident or incident. Mr. Jordan also has an extensive backgrotmd in aviation maintenance management and holds a FAA Airframe and Powerplant license. His success within the aviation industry is a direct result of his strong work ethic, personal integrity and breadth of experience. Business Aircraft Soles, Management and Charter Dallas TX 75209 TeI214.654.1500 Fox 214.65.4.1555 8611 Lemmon Avenue www.businessielservices.com 06/30/2003 '~'48 \w 2146541556 BUSINESS JET SERVICE ....." PAGE 02 55 8611 LEMMON AVENUE DALLAS, TX 75209 OFFICE: (214) 654-1500 FAX:: (214) 654-1555 Biographical Sketch Robert J. Wright Mr. Wright is a Managing Genera] Partner of Business Jet Services, Ltd.; an aviation company based at Dallas Love Field with over 60 million dollars in assets under its control. It is dedicated to providing personalized high quality and safety oriented management services for corporate aircraft owners. Business Jet Services administers air charter services, aircraft storage, maintenance, aircraft interior design and n:furbislunent, aircraft acquisitions, and sales, Mr, Wright is also a Partner of Business Jet Center, a full service aircraft facility and fi~ed based operation. Business Jet Center was formed to redevelop and operate an IS-acre Love Field site consisting of a new 20,000 sq. ft. executive tenninal, an office comple~, over 120,000 sq. ft. of hangar space, and a fueling facility that sens jet fuel and avgas as a branded Phillips aviation fuel distributor. Mr Wright is President of Medical Cities, Inc. and the Crow-Wright Company which develop and manage health care facilities across the United States. He has been a Trammell Crow Partner for more than 25 years. Mr. Wright was the originator of the Medical City Dallas program and design, and is Managing Partner of that health care facility, He has more than 45 years experience in the health care industry and has been active in the Medical Group Management Association for almost the same period of time, MGMA is an international organization of medical group practices representing more than 225,000 physicians. Its membership includes all of the major clinics in the United States. Mr. Wright is a past president of MGMA and a past president of the American College of Medical Group Administrators, of which he is a Distinguished Fellow, and a past president of the Center for Research in Ambulatory Health Care. Mr, Wright has been active in the development and management of a number of companies, which are now publicly held. ..._~_..~.__._----- BUSINESS AIRCRAFT SALES. MANAGEMENT, & CHARTER \w. ....,,; Mark R ed From: To: Sent: Subject: <LDWPilot@aol.com> <Twisting@Bellsouth,net> Tuesday, July 01, 2003 12:45 PM (no subject) Heritage Jets 15570 Enstrom Road Wellington, FI 33414 561-818-5104 July 1, 200 Twisting Ai , Inc. Fort Pierce Airport Fort Pierce FI To Whom i may Concern, I oper te two Gulfstreams out of Palm Beach, Florida. Twisting Air has been doing an excellent job performing the maintenance on both aircraft I have known Rich Himmel and Jack Flinn for years. Both are excellent echanics and are always ready to perform any maintenance needs which includes nights and weekends I would highly recommend to anyone requiring aircraft maintenance and repairs to consider Twisting Air,lnc, Lance Whitney 7/9/2003 --- . 05/30/2003 JO~34 5514950953 LIBERTY AIR INC PAGE 01 \w' L~ //(,fe" 'l~. -...I ~~1d~t ~O 7~ Twisting Air, Inc, Mr, Richard Himmel President Ft. Pierce, Fl. Dear Mr. Himmel, thank you for the opportunity send you this letter of recommendation. Our business relation ship over the years has been more than gratifying. While the Sr. VP at AeroPlan, your help in doing repurchase inspections on the aircraft we were purchasing was invaluable. Your knowledge and expertise was the key in several of our decisions on how to proceedwilh our deals. As the Owner and President of Liberty Air, Inc. your exceptìonal pricing, and quick turn around time on several o/the aircraft we have brought to youfor maintenance, has made the difference in our abilily tv sell the aircraft in a more timely manner, and there by hot be obligated to pay as much interest on our money as we have with some 0/ tM OIMr maintenance facilities. 1 lookforward to corning to your new facility, 1 do expect to do all of my paint, ra"ios, and of course the best maintefll.lnce in the industry. Best regards, t1ßrø Wm, E. Bo Fielding . Owner Liberty Air. Inc, 13620 Weybllme Dr, Delray Beaçh Florida 33446 Off: 5614954320 Fax.: 56(495 0963 E·m~P: hawl<.9rT33@eoI.com \rw ...., From the desk of: Sandy Rosell Chief Pilot July 18, 2003 Mr. Rich Himmel The Jet Service Center 3131 Jet Center Terrace Fort Pierce, Florida 34946 Dear Rich: Just a brief note to thank you for your support over the years on our Falcon 900. Even though most repair stations aspire to provide a cost effective service, it is rare to find the combination of service, knowledge and on-time performance that we have become accustomed to with your company. We look forward to continuing our business relationship in the future and we wish you continued success in your business endeavors. Sincerely, Sandy Rosell 4985 Cherry Laurel Lane - Delray Beach, Florida 33445 TeL (954) 647-1660 Cell (561) 638-6618 Fax '-- ...." t::\ \~.-1 A-OK JET5TM July 18, 2003 Mr. Rich Himmel The Jet Service Center 3131 Jet Center Terrace Fort Pierce, Florida 34946 Dear Rich: I would like to take this opportunity to thank you for the maintenance support you have provided to A-O.K. Jets over the past years. As you know, we are a small aircraft management company operating twelve business jets for private owners. In addition, we provide on-demand charter under a Part 135 Air Carrier Certificate. To operate dissimilar aircraft such as¡L,ear Jets, Hawkers, Challengers and Falcons can sometimes be a bit challenging. Therefore, we rely on companies like yours to sometimes do what otherwise would be impossible with our resources. I can say without hesitation that you have always managed to provide the support we have needed despite the unforecast mechanical breakdowns that wreak havoc with our demanding flight schedule. Somehow, words do appear sufficient to thank you for all the times you have come to our assistance and make it all work. However, here is to a "job well done" with the hopes that we can assist you in the future. Thanks again, CJ?.96ert :Jvfe{áe Director of Maintenance 5280 N.W. 20th Terrace, Hangar 59. Ft. Lauderdale, Florida 33309 Office: (954) 772-4696 Fax: (954) 776-0631 www.AOKJETS.com B7/17/03 15:32 -- :II: I 385 763 2989 ~FR 1 HC ""'" P.81 SUI·{Jì·Ust Pel'sonal Financial Statemeut Jack I"litln J.~..__'___H ....- ; ),"1:,. .'1 tôl~I;\ ..__º,~~)J-~ 5.~__ ___ , I ; r;:':,,"L'OI(¡' :·..I.h,...~ :.. 1.217.9.. ')5 Road NO,r\-h :. ,.. : . 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Printf'l! I\:dll\(,', C\'·^rplll".~II' fJat... Si):""'d 'bß03 . 'o.:.':··,··.·\r·;I[..,Inl: _._n._ -- ...., Personal Financial Statement Richard Himmel Assets Cash in Bank Checking (SunTrust) Checking (Fidality Federal) Savings (Fidility Federal) Total $62,000.00 $22,000.00 $75,000.00 $159,000.00 Total $64,500.00 $64,500.00 Notes Receivable Real Estate Owned House (Las Vegas) appraised House (West Palm Beach) Land (300 acres) Tulsa, OK $2651000.00 $325,000.00 $7001000.00 Total $1,290,000.00 Businesses Twisting Air, Inc. Car Collection Gulfstream II Aircraft (50% owner) $2,750,000.00 $601000.00 $2,7001000.00 Total $5,510,000.00 Grand Total Assets $710231500.00 Lia bilities Total $50,000.00 $215,000.00 $265,000.00 $6,758,500.00 Suntrust Mortgage (West Palm Beach) 5.75% Net Worth Twisting Air, Inc. has been valued at 2.75 million with an outstanding loan of $50,000.00 ~ --- -- -- -- Department of the Treasury Internal Revenue Service U.S. Income Tax Return Form 11205 for an S Cor oration 2002 OMS No_ 154S,0130 IRS use only - Do not write or slaple in this space, Þ Do not file this form unless the corporation has timely filed Form 2553 to elect to be an 5 corporation. .. See separate instructions. For calendar year 2002, or tax year beginning , 2002, and endin '- ...., A EffectilJe dale of election as an S corporation C Employer identification number Use IR5 label. Other- wise, print or type. 1/01/2002 B Business code no. (see instructions) TWISTING AIR, INC 1801 OCEAN DRIVE VERO BEACH, FL 32963 80-0004030 D Date incorporated 1/01/2002 E Total assets (see instructions) $ Address change (5) 811310 F Check applicable boxes: (1) X Initial return (2) Final return (3) G Enter number of shareholders in the corporation at end of the tax year. - Caution: Include anI trade or business income and expenses on lines I a through 21- See the instructions for more information. 1 a Gross receipts or sales _ 2 , 6 ° 1, 221. b Less returns and allowance~ . 2 Cost of goods sold (Schedule A, line 8). , , - , . . - . . , . . , . - 3 Gross profit. Subtract line 2 from line 1 c_ , - . 4 Net gain (loss) from Form 4797, Part II, line 18 (attach Form 4797)_.._ 5 Other income (loss) (attach schedule) - , . . . - . . . . . . . . , 6 Tatal income (loss), Combine lines 3 throu h 5 - , D 7 Compensation of officers - E 8 Salaries and wages (less employment credits) . , . . , D 9 Repairs and maintenance_ g 10 Bad debts. T 11 Rents...,. - , I 12 Taxes and licenses_ ~ 13 Interest S 14a Depreciation (if required, attach Form 4562)..,. b Depreciation claimed on Schedule A and elsewhere on return_ c Subtract line 14b from line 14a., .',.. -.,..,.. 15 Depletion (Do not deduct oil and gas depletion.), 16 Advertising - . . , . . . ' . . - , . - .. - . . - 17 Pension, profit,sharing, etc, plans.., 18 Employee benefit programs. - . . . . . - ' . . . . 19 Other deductions (attach schedule).. -.,. .See_ _Statement, .1_. 20 Total deductions. Add the amounts shown In the far right column for lines 7 through 19......... 21 Ordinar income (loss) from trade or business activities. Subtract line 20 from line 6 - T 22 Tax: a Excess net passive Income tax (attach schedule) . 22a A X bTax from Schedule D (Form 1120S) ._"........ 22b c Add lines 22a and 22b (see instructions for additional taxes) , - , - - . . - . . . - . . , . . . . . . . . . - ~ 23 Payments: a2oo2 estimated tax payments and amount applied from 2001 return, - . . . - D b Tax deposited with Form 7004. , - - , - . , - , . , . . , - . , , . . , . - c Credit for Federal tax paid on fuels (attach Form 4/36) - - - - - .....,..,..,. P A d Add lines 23a through 23c - . . - . - - . . . . . , . . - Y 24 Estimated tax penalty_ Check if Form 2220 is attached- . ' . . - . , . . . - - - . . , . . . . . M E 25 Tax due. If the total of lines 22c and 24 is larger than line 23d, enter amount owed. N See instructions for depository method of payment - - T 26 Overpayment. If line 23d is larger than the total of lines 22c and 24, enter amount overpaid 5 27 Enter amount of line 26 au want: Credited to 2003 estimated tax_ ~ Refunded Name change (4) . . . . . . . , , . . . . . . , , . I N C o M E c Sal ~ 1 c 2 3 4 5 ~ 6 7 8 9 10 11 12 13 .......... .....,... .......... ...,.".,.. .......... S E E 14a 14b 211,883. Amended return ~ 2 ".,.,... 2,601,221. 1,913,086. 688,135. 688,135. 5,000. 2,696. 5,537. 19,008. I N S T R U C T I o N S 14c 15 16 4,405. 17 18 19 627,529. ~ 20 664,175. 21 23,960. ,....,....' 23a 23b 23c 23d 24 ~ 25 O. ~ 26 27 ~D Sign Here þ.. Signature of officer ., Title Date Preparer's SIgnature ., DAVID NOVAK Firm's name David P. Novak, Chartered (or yours 11 ... self,employed), r 849 20th Street address, and ZIP code Vero Beach, FL 32960 BAA Far Paperwork Reduction Act Notice, see separate instructions. 3/05/03 P00130415 EIN 59-2232075 Paid Preparer's Use Only Phone no, (772) 778-5100 SPSA010SL 07/25/02 Form 11205 (2002) .... Form 1120S (2002) TWISTING AIR, INC ..."" 80-0004030 Page 2 li!$~Iiì~Cli.iI~¡;Äi1;1'1,¡'111 Cost of Goods Sold (see instructions) 1 Inventory at beginning ot year 1 2 Purchases_ 2 1 , 470 , 934 3 Cost ot laba¡ 3 4 Additional section 263A costs (attach schedule), .. 4 5 Other costs (attach schedule) .See. .Statement. ,2. 5 523, 402 6 Tatal. Add lines 1 through 5 6 1, 994, 336 7 Inventory at end of year. 7 81 , 250 8 Cost of goods sold. Subtract line 7 from line 6. Enter here and on page 1 line 2. 8 1, 913, 086 9a Check all methods used for valUing closing inventory: (I) ~ Cost as described in Regulations section 1 .471 ·3 (ii) Lower of cost or market as described in Regulations section 1 -471-4 (iii) Other (specify method used and attach explanation) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , b Check it there was a writedown of 'subnormal' goods as described in Regulations section 1.471 ·2(c} - . - - - . - - . . , . - . - - . ,- - - - . - . , .. ~ 8 c Check if the LIFO inventory method was adopted this tax year for any goods (If checked, attach Form 970). . . _ . . . _ . _ _ . , _ . , , . , . , ,. ~ d If the LIFO inventory method was used for this tax year, enter percentage (or amounts) of closing Inventory computed under LIFO _ _ . _ _ _ . _ _ _ _ , . _ _ , _ . _ , . _ _ , , _ _ _ .. _ . , _ . _ _ _ _ _ _ _ _ . . _ . . , . . . , . . ' . . , , , _ e Do the rules of section 263A (for property produced or acquired tor resale) apply to the corporatlon?_ .~.. .,...... DYes-'~ f Was there any change in determining quantities, cost, or valuations between opening and closing inventory? If 'Yes,' attach explanation. _ _ , . . _ _ _ . _ _ . _ _ . _ . . . _ . _ . , . . , . . , . . _ . . , . , _ . . . . . :a:î~a'Ulèa'1~i' Other Information 1 Check method at accounting: (a) Cash (b) X Accrual (c) Other (specify) ~ 2 Refer to the list in the instructions and state the corporation's principal: (a) Business activity ~ _Al~Ç.RB>-[T_ §¥_V~~E_ _ _ _ _ _ _. (b) Product or service. ~ ..?~~~If~ _ _ _ _ _ _ _ _ _ _ _ _ _ 3 Did the corporation at the end of the tax year own, directly or indirectly, 50% or more of the voting stock of a domestic corporation? (For rules of attribution, see section 267(c),) If 'Yes,' attach a schedule showing: (a) name, address, and employer identification number and (b) percentage owned, , , . . . . , . , . 4 Was the corporation a member of a controlled group subject to the provisions of section 15617 .,._ ------------------ 5 Check this box if the corporation has filed or is required to file Form 8264, Application for Registration of a Tax Shelter. . _ _ _ _ . _ _ _ _ _ . . , _ . _ _ . , . . . , , . , , . . . . , . _ , , . 6 Check this box if the corporation issued publicly offered debt instruments with original issue discount _ , . If so, the corporation may have to file Form 8281, Information Return for Publicly Offered Original Issue Discount Instruments_ 7 If the corporation: (a) was a C corporation before it elected to be an S corporation or the corporation acquired an asset with a basis determined by reference to its basis (or the basis of any other property) in the hands of a C corporation and (b) has net unrealized built,in gain (defined in section 1374(d)(1» in excess of the net recognized built·in gain from prior years, enter the net unrealized built'ln gain reduced by net recognized built'ln gain from prior years (see instructions) , _ _ . _ . . _ . . , . . , , . . , . . . . , . . , , . , . . , . . . . . . . , . . , . , . . . . . . , . . , _, ~ $ 8 Check this box If the corporation had accumulated earnings and profits at the close of the tax year (;e~ ~~r~ctio-;;0 -; TI 9 Are the corporation's total receipts (see instructions) for the tax year and total assets at the end of the tax year less than $250,000? If 'Yes,' the corporation is not required to complete Schedules Land M·l. . . , . . . . _ . , _ _ . , _ _ . _ . . . . . ' . , . . , . , . . , . . Note: If the corporation had assets or operated a business in a foreign country or US possession, it may be required to attach Schedule N (Form 1720), Forel n Oper"tlons of U.S. CorporatIons, to this return. See Schedule N for details. !sçl'\ec:lûlê!.K!'i' Shareholders' Shares of Income, Credits Deductions etc a Pro rata share items 1 Ordinary income (loss) from trade or business activities (page 1, line 21) _ 2 Net Income (loss) from rental real estate activities (attach Form 8825) _ 3a Gross income from other rental activities... . _ .. _,. _.. _ 3a b Expenses from other rental activities (attach schedule)_ , . , . _ , . . _ . _ _ . . , . ' . . . 3 b c Net income (loss) from other rental activities. Subtract line 3b from line 3a _ 4 Portfolio Income (loss): a Interest income b Ordinary dividends. c Royalty income. . , , . _ , d Net short,term capital gain (loss) (att"ch Schedule 0 (Form 11205))..., e (1) Net long·term capital gain (loss) (attach Schedule 0 (Form 17205)): (2) 28% rate gain (loss), _ . . _ ~ _ _ _ _ _ _ _ _ _ _ _ (3) Qualified 5·year gain _ _ _ ~ _ _ _ _ _ _ _ _ _ _ f Other partfolio income (loss) (attach schedule), , . . , . , , . . , . . , . . , . . , . . , , . , , . . _ . . _ . . . _ 5 Net section 1231 gain (loss) (other than due to casualty or theft) (attach Form 4797) 6 Other income (loss) (aft"ch schedule) _ , . . _ _ . . . . . . I n c o m e Total amount 23,960. , . . . . . , . . . ,........ ". ........"..... 4a 4b 4c 4d 4e (1) (L o s s) ........".. .......... 4f 5 6 SPSAOl12L 12/09/02 Form 11205 (2002) \,or Form 11205 (2002) TWISTING AIR, INC 80-0004030 !$~líêaQ!e!!~,rl!!\ Shareholders' Shares of Income Credits Deductions, etc (continued) (a) Pro rata share items 7 Charitable contributions (attach schedule) _ , . _ 8 Section 179 expense deduction (attach Form 4562) 9 Deductions related to portfolio income (loss) (itemize). , 10 Other deductions (attach schedule) _,. 11 a Interest expense on investment debts, . . , . . . . . . . . _ . . . , . , . . . . . . , . . _ . . b (1) Investment income included on lines 4a, 4b, 4c, and 4f above.. (2) Investment expenses included on line 9 above. . . , Credits 12a Credit for alcohal used as a fuel (attach Form 6478).. b Low-income housing credit: (1) From partnerships to which section 42(j)(5) applies. _.._ (2) Other than on line 12b(1), . . . . . . . . . c Qualified rehabilitation expenditures related to rental real estate activities (attach FQrm 3468), Deduc· tions Invest· ment Interest Adjust- ments and Tax Prefer- ence Items Fore; gn Taxes Other BAA ............ ......,.... ..,'..... , . , . , . . . . . . .......,... . . . . . . . . . . . . . . . , . . , , . . . . , . . . . . . , . . . d Credits (other than credits shown on lines 12b and 12c) related to rental real estate activities, . . _ _ , _ , _ _ . , , . . . , e Credits related to other rental activities. , _ _ . _ . . , . . . , . . . . . _ . . . . . , . . . , . . _ , . 13 Other credits. _ _ . . , . . . . . , . . , . . . . . , . . . . . 14a Depreciation adjustment on property placed in service after 1986,. ... '......,,_ b Adjusted gain or loss_ . _ _ . . . , . . . . . . . , . . . _ . . , . . , . . _ . . , . . . . . . c Depletion (other than oil and gas)_ . . _ _ _ _ . . _ _ . _ _ . _ _ d (1) Gross income from 011, gas, or geothermal properties, , . . . . , . . , _ . . , . , . . _ (2) Deductions allocable to oil, gas, or geothermal properties,. e Other -adJustments and tax preference items (attach schedule), 15 a Name of foreign country or U,S. possession.. ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ b Gross Income from all sources. . c Gross income sourced at shareholder level. , _ . . _ . _ d Foreign gross income sourced at corporate level: (1) Passive. (2) Listed categories (attach schedule). . . , . . , . . , . . , . . (3) General limitation _ , _ e Deductions allocated and apportioned at shareholder level: (1) Interest expense. . . , . . , , . . , . . _ . _ _ , , . , , . . , . _ (2) Other _ . _ . _ . . _ . . . _ . _ _ . _ . . . _ . Deductions allocated and apportioned at corporate level to foreign source income: (1) Passive. . . , . _ , , _ _ _ _ , . (2) Listed categories (attach scheduleJ- (3) General limitation . ' , . , , . . , . . , . . . . . . 9 Total foreign taxes (check one): ~ D Paid D Accrued_ _ _ _ _ _ , . . . , _ . . h Reduction in taxes available for credit (attach schedule) . . . . . . . _ _ _ _ , . . . . . 16 Section 59(e)(2) expenditures: a Type ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ b Amount ~ 17 Tax-exempt interest income _ .. _..... _.. 18 Other tax-exempt income.. _ _ ., _ _ _ _.. _, _ , ,.. ,...... 19 Nondeductibfe expenses. , . . _ _ . . , . . . , . . , . . , . . , . . . . . . , . . . 20 Total property distributions (including cash) other than dividends reported on line 22 below.,. , 21 Other items and amounts required to be reported separately 10 shareholders (attach schedule). 22 Total dividend distributions paid from accumulated earnings and profits. . _ _ _ _ _ . , _ _ , . _ . . , , . . , , ........... .......... . . , . . , . . . , . . . , ,............... ........... .......... ............ .......... ............ ......"." 23 Income (loss), (Required only if Schedule M,] must be completed.) Combine lines 1 through G in column (b). From the result, subtract the sum of lines 7 through lla, 15 ,and 1Gb _., __ SPSA0134L 07/25102 wi 12 b (1) 12b (2) 12c Page 3 (b) Total amount 21,745. 4,700. 2,215. Form 11205 (2002) - - '-' ..." Form 1120S (2002) TWISTING AIR, INC 80-0004030 Note: The corporation is not required to complete Schedules Land M-l If question 9 of Schedule B is answered 'Yes'_ ¡$êlte~'i1îlê,j1.':'t'; Balance Sheets er Books Beginning of tax year End of tax year Assets (a) (b) Page 4 1 Cash.. 2a Trade notes and accounts receivable.,., .., b Less allowance for bad debts, 3 Inventories_ 4 U.S. Government obligations, 5 Tax·exempt securities_ _ . 6 Other, current assets (altiJch schedule) . _ . . . , . . . . . 7 Loans to shareholders. . . _ 8 Mortgage and real estate loans _ 9 Other Investments (attach schedule) , _ . _ 10 a Bui[dings and other depreciable assets. , b Less accumulated depreciation. . . . , . _ 11 a Depletab[e assets b Less accumulated depletion _ _ _ . _ , . , . . . . 12 Land (net of any amortization). . . _ , . , 13a Intangible assets (amortizab[e only)_, bLess accumulated amortization. _ _ 14 Other assets (attach schedule).Se.e 15 Tota[ assets. .__._..._ Liabilities and Shareholders' Equity 16 Accounts payable, _ . _ , . . _ . . . . . _ . . . . . , . . 17 Mortgages, notes, bonds payable in less than 1 year. _ 18 Other current liabilities (altiJch sch) , . _ _ , . . . . , . . . . . _ 19 Loans from shareholders, . , , . , . . . _ . . _ , . 20 Mortgages, notes, bonds payable in 1 year or more. _ , . _ 21 Other liabi[ities (attach schedule) _ . . , , . . . . . , . . , . . . , 22 Capital stock. . . _ .'. _ _ _ . . , _ . , , 23 Additiona[ paid,in capital. _ _ _ , . , . . . . . 24 Retained earnings. . _ . . , . _ . . . . _ . . _ , . _ 25 Adjustments to shareholders' equity (att sch). . , 26 Less cost of treasury stock _ _ 27 Totalllabi[ities and shareholders' equit l$ch'êêl¡'.f!e:Mf~iri Reconciliation of Income 1 Net income (loss) per books _ . . , , . , , . _ 2 Income included on Schedule K, lines 1 through 6, not recorded on books this year (itemize): ----------- --------------------- ------------------- -------------------- 6 Deductions Inc[uded on Schedule K, [lnes 1 through 11 a, 15g, and 16b, not charged against book Income this year (itemize): a Depreciation_ _ $ 3 Expenses recorded on books this year not included on Schedule K, lines 1 through 11 a, 15g, and 16b (itemize): a Depreciation. , . . , .. $_ _ _ _ _ _ _ _ _ _ _ b Travel and entertainment _ $_ _ _ _ _ _ j!.. 7_0 -º :.. ----------- ------------------- l. 211,883, 204,414. 9,954. -2,485. 211,883. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 4,700. 7 Add lines 5 and 6... _. ....., 4 Add lines 1 throu h 3.. . _ , . . . _ . . _ . . , . 2, 215. 8 Income ([oss) (Schedule K, In 23). Ln 4 less In Z , ,:sèþéa~'lé'(M4~ ~~:~~~i;I~~~~~~r;;i~~~~b~t:~j~:~~bl~tfn~~~~u~~~~~hue;I:~auXs:d~~~~n~~u~~~n~~' and (a) Accumu[ated (b) Other (c) Shareholders,' undis, d· , tnbuted taxable Income a ustments account adJustments account previously taxed 1 Ba[ance at beginning of tax year. . . _ , . , . , _ . . , , . , . . , . _ , 2 Ordinary income from page 1, line 21. 3 Other additions _ ,,_, _ . _ _ , , , . , . . . , . . , . . , . . . . . , 4 Loss from page 1, line 21. . , _ , . _ _ _ _ _ , . 5 Other reductions _ _,. _, See _ Statement, _4 , 6 Combine lines 1 through 5, . . , _ , , _ , . . _ . . _ . . _ 7 Distributions other than dividend distributions_ 8 Balance at end of tax ear_ Subtract line 7 from line 6_ . O. 23,960. 26,445.) -2,485. -2,485. SPSAO 134l 07/25102 O. 2,215. Form 11205 (2002) '-" ...." Department of the Treasury Internal Revenue Service Shareholder's Share of Income, Credits, Deductions, etc ~ See separate instructions, Far calendar year 2002 or tax year , 2002, and endin Cor oration's identif in number ~ 80-0004030 Corporation's name, address. and ZIP code OMS No. 1545-0130 Schedule K-' (Form 1120S) 2002 be innin Shareholder's identif in number ~ Shareholder's name, address, and ZIP code 127-60-4784 RICHARD HIMMEL 1801 OCEAN DRIVE VERO BEACH, FL 32963 TWISTING AIR, INC 1801 OCEAN DRIVE VERO BEACH, FL 32963 A Shareholder's percentage of stock ownership for tax year (see instructions for Schedule K,l). . , , . . , . . _ . . . , . , .. _ _ _ _ _ _ _5..9. % B Internal Revenue Service Center where corporation filed its return".,.."."., .. SJg~~nL _U_T_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ C Tax shelter registration number (see instructions far Schedule K·l). _ _ _. _ _ _. ,_ ., _ . . _. _ _. _. _ _ .. n Final K,l n Amended K-l -------------- D Check applicable boxes: (1) (2) (a) Pro rata share items (b) Amount (c) Form 1040 filers enter the amount in column (b) on: 1 Ordinary income (loss) from trade or business activities. . , . . , ,., , .. 1 11,980. See the Shareholder's 2 Net income (loss) from rental real estate activities. , _ ....... .... -.- .. .... 2 _Instructions for Schedule K,1 3 Net income (loss) from other rental activities. ..... ...... ...... -,- .... -., 3 (Form 1 120S). 4 Portfolio income (loss): a Interest, _ _ ...... ,_. .... .... ...... .... ..- -.- 4a Scheduie S, Part I, line 1 b Ordinary dividends, , . , """ ....., . . . . . . ,..... ......... ,..... ...., 4b Schedule S, Part II, line 5 c Royalties. .... -.- ....... -.. .... .... 4c Schedule E, Part I, line 4 Income d Net short-term capital gain (loss) _ _ .-- .... -,- .. , .. .... -.- 4d Schedule 0, line 5, col (f) (Loss) e (1) Net long·term capital gain (loss) . _ 4e(1) Schedule 0, line 12, col (I) ........,... ...... ..,.. ".., . (2) 28% rate gain (loss). . 4e(2) . Schedule 0, line 12, col (g) -" .. ..,....,. .. ...... Line 5 at worksheet for (3) Qualified 5-year gain ....... .......... -.- 4e(3) Schedule D, line 29 t Other portfolio income (loss) (attach schedule). ..". ". ..., --- .. . . . . . . . . . 4f (Enter on applicable line at return.) See Shareholder's Instruc· 5 Net section 1231 gain (loss) (other than due to casualty tlons for Schedule K,1 or theft) _ _. ...., ....... ...... ....... 5 (Form 1120S), 6 Other Income (loss) (attach schedule). _ . . , . . _ ..,...,., ....., -. .... -,- .... 6 (Enter on applicable line of return.) 7 Charitable contributions (attach schedule). _ ..... .......... -., ,. "., .."..,. 7 Schedule A. line 15 or 16 8 Section 179 expense deduction. _ ........... -.. .... ........ 8 10,873. Deduc- 9 Deductions related to portfolio income (loss) _~ee Shareholder's Instruc· tions (attach schedule) . 9 tions for Schedule K-l ....... ............. ..... .... ... .... .. (Form 1120S). 10 Other deductions (attach scheduleJ- . . _ . . , . . _ . . . . . . . . _ ..,......... ...... 10 Invest- 11 a Interest expense on Investment debts,. _,. _,. .......... .........,. 11a Farm 4952, line 1 ment b (1) Investment income included on lines 4a, 4b, 4c, and 4f above _, llb(l) }- ree Shareholder's Instruc, tlOns for Schedule K,J Interest (2) Investment expenses included on line 9 above _ l1b(2) (Form 1120S). --. ,.., ... ....., 12a Credit for alcohol used as fuel.. _ _._ ....... .... .... -, --, ...,. .- ... 12a Form 6478, line 10 b Low·income housing credit: }orm 8586, line 5 (1) From section 42(j)(5) partnerships. ,.- -.- ..... ...... ..., _00 12b (1) Credits (2) Other than on line 12b(1)_,. _,..... 00 _.. . . . . . . . . . --' .... ...... 12b(2) c Qualified rehabilitation expenditures related to rentai real - estate activities ..... ........ .. - ...... 12c d Credits (other than credits shown on lines 12b and 12c) related _See the Shareholder's to rental real estate activities ..... ...' ....... -,- 12d Instructions for e Credits related to other rental activities. ..., .... .... --- -.- ...... _.- .. , ." 12e Schedule K ,1 13 Other credit" _ 13 - (Form 1 120S), ....... .... -.- ...... -.. -.- . . . . . . , ., .." ........,.., BAA For Paperwork Reductian Act Notice, see the Instructions for Form 1120S. Schedule K-l (Form 1120S) 2002 SPSA0412L 121D31D2 Shareholder 1 ~ Schedule K·l (Form 1120S) (2002) TWISTING AIR, INC Adjust- ments and Tax Prefer- ence Items Foreign Taxes Other Supple- mental Infor- mation (a) Pro rata share Items 80-0004030 14a Depreciation adjustment on property placed in service after 1986 b Adjusted gain or loss. _ . _ _ . . , . _ . c Depletion (other than oil and gas). , . . , . . , . . , . . _ . . . . . . . . , _ . d (1) Gross income from oil, gas, or geothermal properties _ (2) Deductions allocable to oil, gas, or geothermal properties. . , e Other adjustments and tax reference items (attach sch) , . . . , . _ _ . . . . 15 a Name of foreign country or U_S. possession ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ b Gross income from all sources_ . _ _ . . _ . . _ . . , c Gross income sourced at shareholder level _ . _ d Foreign gross income sourced at corporate level: (1) PassIve. _ , _ . , . . , _ _ _ . , , (2) listed categories (attach schedule) _ . . . , . , , . , _ . . ' . ' , . . . . . ' . . , , . , _ . . , (3) General limitation _ _ . . , . . _ . . . .. .. _ . . , _ . _ , . _ . _ _ , . _ . _ e Deducllons allocated and apportioned at shareholder level: (1) Interest expense _ _ _ _ . _ _ _ , _ (2) Other........ _ . . , ,............ ......... t Deductions allocated and apportioned at corporate level to foreign source income: (1) Passive. - , (2) Listed categories (attach schedule). (3) General limitation_ . _..,..,.. _.._ g Total foreign taxes (check one): ~ D Paid D Accrued, . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . h Reduction in taxes available for credit (attach schedule ,.. _ , _ . . _ 16 Section 59(e)(2) expenditures: a Type ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ b Amount. _ . . _ _ _ _ _ . . , . , . . . _ . . . . . . . . , . . , . . , , . . . . . . . . . , 17 Tax·exempt Interest income _ 18 Other tax,exempt income_,.,.."."..,.. _..,..,..,..,.. 19 Nondeductible expenses. _ 20 Property distnbutions (including cash) other than dividend dlstnbutions reported to you on Form 1 099-DIV , _, _. _ . . _ . 21 Amount of loan repayments for 'Loans from Shareholders'_ , _ . . _ 22 Recapture of low-income housing credit: a From sectIOn 42(j)(5) partnerships _ . _ b Other than on line 22a . _ _ _ _ . . _ _ , _ ......... . . . . . . . . . """" (b) Amount 2 350. Page 2 (c) Form 1040 filers enter the amount in column (b) on: See Shareholder's Instructions for Schedule K,l (Form 1120S) and Instructions for Form 6251 Form 1116, Part I Form 1116, Part II See Instructions for Form 1116 See Shareholder's Instruc, lions for Schedule K·1 (Form 1120S). Form 1040, line Bb See the Shareholder's Instructions for Schedule K-1 (Form 1120S), Form 8611, line 8 23 Supplemental information required to be reported separately to each shareholder (attach additional schedules if more space is needed): SPSA0412L 12/03/02 Shareholder 1 RICHARD HIMMEL 127-60-4784 Schedule K-1 (Form 11205) 2002 '-" ....,¡ Department of tile Treasury Internal Revenue Service Shareholder's Share of Income, Credits, Deductions, etc ~ 5ee separate instructions. Far calendar year 2002 or tax year , 2002, and endin Co oration's identi in number ~ 80-0004030 Corporation's name, address, and ZIP code OMS No. 1545,0130 Schedule K-' (Form 11205) 2002 be innin Sharehalder's identi in number ~ Sharel1older's name, address, and ZIP code 129-38-6974 MICHAEL HIMMEL 1801 OCEAN DRIVE VERO BEACH, FL 32963 TWISTING AIR, INC 1801 OCEAN DRIVE VERO BEACH, FL 32963 A Shareholder's percentage of stock ownership for tax year (see instructions for Schedule K-1) _. .. ~ 50 % 8 Internal Revenue Service Center where corporation filed its return, . . . . . _ _ . _ . _ ~ _Ogç!e_TI L _ U_T _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ = = = = = = = =.__ C Tax shelter registration number (see instructions for Schedule K-1). _ ~ n Final K-' n Amended K·' -------------- D Check applicable boxes: (1) (2) (a) Pro rata share items (b~ Amount (c) Form 1040 filers enter . the amount in column (b) on: 1 Ordinary income (loss) from trade or business activities. . , ,... ,.... 1 11,980. See the Shareholder's 2 Net income (loss) from rental real estate activities, . , , _ ........ --. ..... ,,- 2 f-Instructions for Schedule K-' 3 Net income (loss) from other rental activities. . . , .... ....... ..... .. . ..... 3 (Form 1120S). 4 Portfolio income (loss): a Interest. ...-.. -.- .... ....... ....., . .. .... .... ,_. 4a Schedule S, Part I, line I b Ordinary dividends. .".. ,....... ,... .... '., ,.. ..... .... 4b Schedule S, Part II, line 5 c Royalties. . , ".. - .. .... ..... -,- .... .... ............ ..... -.. 4c Schedule E, Part I, line 4 Income d Net short·term capital gain (loss) , . . . _ . . , ,.,.. -.- -,- ..... 4d Schedule D, line 5, col (I) (Loss) e (1) Net long-term capital gain (loss) . 4e(1) Schedule 0, line 12, col (I) . ... ..... -.. ...... --- (2) 28% rate gain (loss) _ . . .... .. ..... .. ..... ....... .... ...... 4e (2) Schedule D, line 12, col (g) 4e{3) Line 5 of worksheet for (3) Qualified 5-year gain.._ ........ -.. ....... .... Schedule D, line 29 f Other portfolio income (loss) (attach schedule). , _ ,... ...... ....... .. . ,..... 4f (Enter on applicable line of return.) See Shareholder's Instruc· 5 Net section 1231 gain (loss) (other than due to casualty tions for Schedule K,l ortheft)_.... ,.." .,_... ,.....,.. ..- .... . . . . . . ..- ....... ..... S (Form 1120S), 6 Other Income (loss) (attach schedule) _ .,........ ...... ....... .... ..." 6 (Enter on apolicable line of return.) 7 Charitable contributions (attach schedule) . .... ..... .... - .. .... ..... .... 7 Schedule A, line 15 or 16 8 Section 179 expense deduction,_ ".. ...... ..... .... ,... --, 8 10,872. Deduc- 9 Deductions related to portfolio income (loss) _~ee Shareholder's Instruc· tions (attach schedule) . , _ . . 9 tions for Schedu Ie K,¡ .... .... ..... ..- .... .., .. , (Form 1120S). 10 Other deductions (attach schedule) . ..... .." . . . , , . . , .... ....,... -.. 10 Invest- 11 a Interest expense on investment debts _ , . _ ....... '.- -.- q 113 Form 4952, line 1 ment b (1) Investment income included on lines 4a, 4b, 4c, and 4f above. _ llb(l) }ree Shareholder's Instruc, tlons for Schedule K-I Interest (2) Investment exoenses included on line 9 above, , . , llb{2) (Form I 120S). ............ 12a Credit for alcohol used as fuel........... .. ......... .... .... .... 12a Form 6478, line 10 b Low·income hausing credit: (1) From section 42(j)(5) partnerships. ................. .,.. "... 12bm f-rorm 8586, line 5 Credits (2) Other than on line 12b(1). _ . . , ..... ........ .... ..... ,.- 12b (2) c Qualified rehabilitation expenditures related to rental real estate activities _ .... ..... ..... ....... ".' '" .,. 12c d Credits (other than credits shown on lines 12b and 12c) related f-See the Shareholder's to rental real estate activities_ ........... ....,... -.. ..... -- -.- 12d Instructions for e Credits related to other rental activities ..., 12e Schedule K·l ..... ..... .... ,.., """"'" (Form 1120S). 13 Other credits -----., ,..., ..., , . . . , . . . , 13 8AA For Paperwork Reduction Act Notice, see the Instructions far Form 11205. Schedule K-l (Form 11205) 2002 SPSA0412L 12/D3/02 Shareholder 2 "-' ...., 2002 Federal Statements TWISTING AIR, INC Statement 1 Form 1120S, Line 19 Other Deductions Accoun ting. _ _ .. ... ..,.... _ .. . _ _. _.. _ . , . _ _ . _ ,. .. .. ...... . _ . . _ ., _ , . _ .. . .. $ AIRCRAFT MAINTENANCE........ .... '. _ . .. .. ........... AIRCRAFT SALES EXPENSE....... ... _.. . . . . ,_ '.... ..'........... Bahk Charge s.. .. . . .. , .. _.. ... _ .. .. ..... _, _.. _ _.....,.. _ . .. _. . _ _. ... Commissions... .. .. _._..._,..__._ ...'_._.., __. _'.. .._.. ....... ..... Delivery and Freight,..........., .. .. ....., _...... ....'._,.._.. EQUIP RENTAL...... . .. .. ,. .. "..' . . . . . ... ...,... _ .. EXPENSE REIMB........ . . .. .. . . . . . . . . . . . . . .. . . . . . , . ... ..... ....., Gifts. ...,.. _ . _ _ . . . . .. .. . _,. .. .... . _ . . _ _ , . .. _ .. , .. _ . . HANGAR RENTAL__.. _... ........ .,.. .... ...'...... .., Insurance..,. _... .._.._....,..,.,_.._.. ..... __.., _, _,_.. """ ,.__._ Legal and Professional... ....,.,.........,.. _._..__.., ... ____ ... ......_._ ,_ Meals and Entertainment Expense.. _..,..,...... ,.. .,.., _ _. . _. _ _ _.,.....,.. _..,.. _... Office Expense, _ _. _ _ _ _. _,....... _,." ...,. ., _.. .,.. ,...... .. _...., _ _...,.. ,. _ _. OVERHAUL LANDING GEAR..,... ........... ..... .. . .. ... . _ . . , . .. ............. .... PROF FEES..... _ .,...........,.." ............,....... ,.... ..,... . . . . . , . . . . .. ............... SUBCONTRACTORS. . . . , .. . .. . .. . . .. .. .. . .. ..... ...., ....,....".......... Supplies. ... _ . . . . _ . . . . . , . . . , . . , , . , . . . . . . . . , . . . , . . . . . . ,. ,.." . _ . . . . . . . . . . _ . . ,. ......,.., Telephone .. _.... ... _ . _ _ _.. _,....,..,..,... ., _,. ". _... ...... _ _. _ _.. _ _ _ _. .....,..., Tools _ . _. _ _ ............ ........ _ _. _,. _.. _, _, .... _. _ ..'., _... ...,..... Total $ Statement 2 Form 11205, Schedule A, Line 5 Other Costs PARTS ............... ....................,... -, $ Total $ . . . . . .. ... .. .. . . . . . . . . . . ......... Statement 3 Form 11205, Schedule L, Line 14 Other Assets Beqinnincr Rounding._......,......,._."'..,.._.,......."_ ......, $ Total $ O. $ O. $ .......,.. ,..... Statement 4 Form 11205, Schedule M-2, Line 5 Other Reductions Disallowed Meals and Entertainment"._ Section 1 7 9 Expense _,. , . . _ _ _ . _ . . . . . . . . ................ . . . . , . . . . .. .....,. ........... .........,..".. ,................ Total $ Page 1 80-0004030 675. 22,894 82,525. 687 41,933 7,119. 6,103. 7,010. 755. 49,820. 1,697 1,150. 4,700. 344. 194,030. 67,10l. 105,138. 29,914 3,139. 795. 627,529, 523,402. 523,402. Ending . 1 1 $ 4,700. 21,745. 26,445. '-' Form 4562 Depreciation and Amortization (Including Information on Listed Property) .. See separate instructions, .. Attach to your tax return. Department of the Tre?sury Internal Revenue Service Name(s) shown on return TWISTING AIR, INC ..... OMB No_ 1545·0172 2002 67 Busmess or actIVIty to which th~ form relates Idl'ntifying number 80-0004030 Form 1120S 1~~Ht!I~l!Wî~ Election To Expense Certain Tangible Property Under Section 179 Note: /f you have any listed property, complete Part V before you complete Part /. 1 Maximum amount See Instructions for a higher limit tor certain businesses. . . 2 Total cost of section 179 property placed in service (see instructions} _ . _ . _ _ . . . _ . . _ 3 Threshold cost of sectIOn 179 property before reduction in limitation, . _ _ _ _ _ . . , . . , . . . , . . 4 Reduction in limitation_ Subtract line 3 from line 2. If zero or less, enter -0·,., _. ... _. _ __ 5 Dollar limitation for tax year. Subtract line 4 from line 1. If zero or less, enter -0-, If married filing separatel , see instructions_ _ _ , . , . . , . . , , . , _ . . _ . . _ , . . _ _ _ , . . _ _ , _ . _ 6 5-Year 5-Year OFFICE EQUIPMENT 7 Listed property. Enter the amount from line 29 _ . 8 Total elected cost of section 179 property_ Add amounts in column (c), lines 6 and 7, 9 Tentative deduction. Enter the smaller of line 5 or line a _ 10 Carryover of disallowed deduction from line 13 of your 2001 Form 4562 . _ . , . _ _ , _ . . 11 Business income limitation. Enter the smaller of business income (not less than zero) or line 5 (see instrs). 12 Section 179 expense deduction_ Add lines 9 and 10, but do not enter more than line 1 t , . . ' . . _ . . 13 Carr over of disallowed deduction to 2003. Add lines 9 and 10, less line 12_. _ _ _. ~ 13 Note: Do not use Part /I or Part 1/1 below for listed property Instead, use Part v. S ecial De reciation Allowance and Other De reciation Do not include listed ro ert 14 Special depreciation allowance for qualified property (other than listed property) placed in service dUring the tax year (see instructions) _ _ _ .. _ . _ _ _ . , _ _ _ _ . _ . . _ _ . _ . _ _ _ _ _ _ , _ _ _ , _ . _ .' _, _ _ _ _ _ . _ _ _ . _ . , _ _ , , _ _ . , , . . , . . , . . , 15 Property subject to section 168(1)(1) election (see instructions).,. " ..,.. _..,.. , _,. _...,.. _ 16 Other depreciation (Including ACRS) (see Instructions) _ _ . _ _ . . . _ . . _ _ . _ . . _ . _ . . , _ . _ MACRS De reciation (Do nat include listed ropert.) (See instructions) Section A 17 MACRS deductions for assets placed in service in tax years beginning before 2002. _,_ 18 If you are electing under section 168(i)(4) to group any assets placed in service during the tax year into one or more general asset accounts, check here _ , _ _ _ . _ . _ _ .. _ _ _ _ _ , ' _ _ _ . _ , . . , _ , _ _ . . _ _ . _ _ , _ _ . . . _ .. ~ Section B - Assets Placed in Service Durin 2002 Tax Year Usin the General De reciation S (b) Month and (c) Basis for depreciation (d) (e) year placed (business/investment use Reco....ery period Convention in servece only - see instructions) 20 a Class life. . _ b 12·year-........ 12 rs c 40-year- 40 rs MM Summa (see instructions) 21 Listed property. Enter amount from line 28 _ _ . _ _ . _ . . . , . . , _ 21 22 Total. Add amounts from line 12, lines 14 through 17, lines 19 and 20 in column (g), and line 21. Enter here and on the appropriate lines of your return. Partnerships and S corporations - see instructions _ 22 23 For assets shown above and placed in service during the current year, enter the portion of the basis attributable to section 263A costs_ , , _ . _ . . . _ . . _ . _ 23 BAA For Paperwork Reduction Act Notice, see instructions. FDIZ0812l12112102 a DescrlptlDn Df property Cost (business use only) 21,145. 600. 7 25 27.5 27.5 39 MM MM MM MM the Alternative De 2002 Tax Year Usin 1 $24 000. 2 21,745. 3 $200,000. 4 O. 5 24,000. ........... C Elected cost 21,145. 600. O. 8 . . . . .. . .. 9 10 11 12 O. 14 15 16 (g) DeprecIatIon deduction stem Form 4562 (2002) ÿ .... Schedule K·1 (Form 1120S) (2002) TWISTING AIR, INC Adjust· ments and Tax Prefer- ence Items Foreign Taxes Other Supple- mental Infor- mation (a) Pro rata share items 80-0004030 14a Depreciation adJustment on property placed in service after 1986., b Adjusted gain or loss_ . , _ . , . . , . . , . . . , . _ . . . c DepJetion (other than oil and gas), . d (1) Gross income from oil, gas, or geothermal properties_ (2) Deductions allocable to oil, gas, or geothermal properties. , e Other adjustments and taK preference items (attach sch) , . . . . . _ . . . , ' , 15 a Name of foreign country or U.S. possession ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ b Gross income from all sources, , . , , . . _ c Gross income sourced at shareholder level, d Foreign gross Income sourced at corporate level: (1) Passive_., _ _ _ _ _ _ . . , , . _ . . . . . _ . . , , . _ . . _ . _ , (2) listed categories (attach schedule). _ . (3) General limitation _ _ , _ _ . . _ . , _ e Deductions allocated and apportioned at shareholder level: (1) I nterest expense_ (2) Other. _ _ . . . . _ f Deductions allocated and apportioned at corporate level to foreign source Income: (1) Passive .. , .. .. . .. . _ (2) listed categories (attach schedule) _ . . , . . . . . _ . . , (3) General limitation _ _ _ _ _ _ _ _ _ , g Total foreign taxes (check one): ~ 0 Paid 0 Accrued. . . _ .......... h Reduction in taxes available for credit (attach schedule) 16 Section 59(e)(2) expenditures: a Type~ b Amount. 17 Tax-exempt interest Income.,.., 18 Other tax·exempt income_ 19 Nondeductible expenses., ......................... ---------------- ................ ......... ......... .......... 20 Property distributions (including cash) other than dividend distributions reported to you on Form 1 099-DIV _ _ . _ _ , . _ . , _ 21 Amount of loan repayments for 'Loans from Shareholders'_ . . . 22 Recapture of low·income housing credit: a From section 42U)(5) partnerships. . . , . , , . . , . , , , . , . . , . . , . . . , . . b Other than on line 22a . . _ . . . _ _ _ _ . _ . , . . _ . . ......... 14a 14b 14c . . . . .. 14d(1 14d(2) 14e .......... .......... (b) Amount .¡:: Page 2 (c) Form 1040 filers enter the amount in column (b) on: See Shareholder's Instructions for Schedule K-1 (Form 1120S) and Instructions for Form 6251 Form 1116, Part I Form 1116, Part II See Instructions for Form 1116 See Shareholder's Instruc· tions for Schedule K·l (Form 11205), Form 1040, line 8b 2,350. See the Shareholder's Instructions far Schedule K·1 (Form 1120S). Form 8611, line 8 23 Supplemental information required to be reported separately to each shareholder (attach additional schedules if more space is needed): SPSA0412L 12103/02 Shareholder 2 MICHEAL HIMMEL 129-38-6974 Schedule K- 1 (Form 11205) 2002 ........-' ...,J AGENDA REQUEST /" 1 ITEM NO. L ~/) 4..- DATE: July 22, 2003 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 03-22 - Amending Chapter 1-9 "Garbage, Trash and Refuse" of the Code of Ordinances of St. Lucie County BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board grant permission to advertise a public hearing on August 12, 2003, to consider the draft ordinance. COMMISSION ACTION: t~, APPROVED [ ] DENIED [ ] OTHER: - Approved (5-0) ouglas Anderson County Administrator. A7>L County Attorney: IV Review and Approvals Management & Budget Purchasing: Originating Dept Parks & Rec_ Dir: County Eng,: Finance: (Check for Copy only. if applicable) Eft- 5/96 '-' 'wi! INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO.: 03-893 DATE: July 21, 2003 SUBJECT: Ordinance No. 03-22 - Amending Chapter 1-9 "Garbage, Trash and Refuse" of the Code of Ordinances of St. Lucie County ************************************************************************** BACKGROUND: Attached to this memorandum is a copy of proposed ordinance No. 03-22 which would Amend Chapter 1-9 "Garbage, Trash and Refuse" of the St. Lucie County Code of Ordinances and Compiled Laws. On September 14, 1990, the St. Lucie County Board of County Commissioners adopted Ordinance No. 90-40 which created Article IV of Chapter 1-9 of the St. Lucie County Code of Ordinances and Compiled Laws. This Article required the mandatory disposal of solid waste, established definitions for the terms and created penalties. On December 17, 1991, the St. Lucie County Board of County Commissioners adopted Ordinance No. 93-16 which created Article V of Chapter 1- 9 of the St. Lucie County Code of Ordinances and Compiled Laws. This Article required that solid waste generated on residential property in the urban unincorporated area and solid waste generated on commercial property in the unincorporated area of the County be collected by a regulated contractor. It is appropriate to further amend Chapter 1-9, Garbage, Trash and Refuse of the St. Lucie County Code of Ordinances and Compiled Laws to have the definition sections so the terms have the same meanings as Chapter 403, Florida Statutes and to amend the penalty provisions to remove any criminal penalties and to allow it to be enforced by any other manner provided by law. ........ ...,J RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No, 03-22 for a public hearing on August 12, 2003. Respectfully submitted, /~ Katherine Mackenzie-Smith Assistant County Attorney KMS/ caf Attachment ;.." ..." ORDINANCE NO. 03-22 AN ORDINANCE RELATING TO THE COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS IN THE UNINCORPORATED AREA OF ST. LUCIE COUNTY; AMENDING CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-9-30 (DEFINITIONS) AND BY AMENDING SECTION 1-9- 33 (PENALTIES; AND BY AMENDING SECTION 1-9-51 (DEFINITIONS) AND BY AMENDING SECTION 1-9-55 (PENALTIES); PROVIDING FOR PENALTIES AND REMEDIES: PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW. THEREFORE, ·BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-9-30 AS FOLLOWS: Section 1-9-30 DEFINITIONS. For the purpose of this article, the definitions contained in this section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Use of the masculine gender shall include the feminine gender. The word "shall" is always mandatory and not merely discretionary. "Board" means the board of county commissioners of St. Lucie County, Florida. "Clean debris" means any solid waste which is virtually inert and which is not a pollution threat to groundwater or surface waters and is not a fire hazard and which is likely to retain its physical and chemical structure under expected conditions of disposal or use. The term includes uncontaminated concrete, including embedded pipe or steel, brick, glass and ceramics. "County" means St, Lucie County, Florida. Strl:lck tl.r e1:l9, passages are deleted. Underlined passages are added. 1 '-' ....., "Garbage" means all kitchen and table food waste, animal or vegetable waste that is attendant with or results from the storage, preparation, cooking or handling of food materials. "Hauler" means the person who currently collects solid waste as their primary business or occupation from the owner or occupant for disposal at a solid waste disposal or recycling facility. "Occupant" means the person or persons occupying property, either the owner or other than the owner of such property if such person occupies the property with the express or implied consent of such owner. "Owner" means the person or persons owning property. "Person" means any individual, partnership, firm, organization, corporation,association or any other legal entity, whether singular or plural, masculine or feminine, as the context may require. Recyclable materials" means Mv.spapers, alulTlinl:JlTI cans, bottles, jars and other gloss or plastic itel"s those materials which are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste. "Solid waste" means inell:Jdes garbage, refuse, yard trosh, cl£al'\ debris, ~.hitc goods, spccial waste, ashes, or otner discarded material, il'leluding solid, liquid, semisolid, or contail'le:d gaseous material resulting from dOI'flestic, industrial, cOI'nITlercial, minil'lg, agricultural, or gOlern''fIental operotiol'ls sludge unregulated under the Federal Clean Water Act or Clean Air Act sludge from a waste treatment works. water supply treatment plant. or air pollution control facility or garbage. rubbish refuse. Special Waste or other discarded material. including solid liquid. semisolid or contained gaseous material resulting from domestic industrial commercial. mining agricultural or governmental operations. Recovered materials as defined above are not solid waste. "Solid waste disposal facility" means any solid waste disposal management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste, "Special waste" means solid waste that can require special handling and management, including but not limited to, white goods, wfto+e waste tires, used oil, mattresses, furl'litl:JFe, 5trud( thl ð~91, passages are deleted. Underlined passages are added. 2 '-' ..., lead-acid batteries, Construction and Demolition Debris. ash residue and Yard Trash and biological wastes. "Unsanitary nuisance" means the commission of any act or the giving of the permission for the commission of any act or the keeping, maintaining, propagating or permitting the existence of any solid waste by any person by which health or life may be threatened or impaired or by which disease may be caused. The keeping of the following materials on any real property shall be considered an unsanitary nuisance; untreated and improperly treated human waste, dead animals or dangerous waste materials resulting from manufacturing processes or pollutant gases and noxious odors which are harmful to health or to human and animal life. The creation, maintenance or causing of any condition capable of harboring, attracting or breeding flies, mosquitos or other arthropods and rodents capable of physical harm and transmitting diseases directly or indirectly to humans shall also be considered an unsanitary nuisance, "White goods" means inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. "Yard trash" means vegetative matter resulting from landscaping maintenance and non-comprehensive land clearing operations. PART B. CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS, IS HEREBY AMENDED BY AMENDING SECTION 1-9-31 AS FOLLOWS: SECTION 1-8-31. MANDATORY DISPOSAL OF SOLID WASTE REQUIRED All solid waste generated within the county shall be disposed of exclusively at a solid waste disposal facility which is operated, maintained, or approved by the board except for those recyclable materials which the board authorizes for recycling either by the board or by private enterprise or specified in an inter local recycling agreement between the board and one of the municipalities within the county. All yard trash set out for collection by a hauler shall be s~poratd from 011 oth~r solid ..ast~ b'y tkc. oVJn~r or occupant in accordance with state law. PART C. CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS, IS HEREBY AMENDED BY AMENDING SECTION 1-9-33 AS FOLLOWS: Struck tl ,rol:Jgh passages are deleted. Underlined passages are added. 3 \....- ~ Section 1-9- 33 PENALTIES FOR VIOLATION. Any þersol'l found guilty of violatil'lg ðl'lY þF'o,isiol'l of tMis article sMail be þUl'lisMed by o fil'le I'Iðt excudil'lg $500 or by ilTlþrisol'll'f\el'lt il'l tMe Coul'lty jaill'lot to exceed 60 days or botM by suck fil'le and ilTlþrisol'llTl£l'It The violation of any of the regulations. restrictions and limitations promulgated under the provisions of this section may be restrained by injunction. including a mandatory injunction and otherwise abated in anv manner provided by law. Nothing contained in this provision shall prohibit or limit the Board's ability to enforce a violation of these provisions by any other means authorized by law. PART D. CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-9-51 AS FOLLOWS: Section 1-9-51 DEFINITIONS. The following words and terms shall have the following meaning, unless the context clearly otherwise requires: "Biological Waste" means Solid Waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. Theterm does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. "Board" means the Board of County Commissioners of St. Lucie County, Florida. "Building" means any structure, whether temporary or permanent, built for the support, shelter or enclosure of persons, chattel or property of any kind. "Bulk Container" means any portable non-absorbent water-resistant container equipped with or without water-resistant lid or cover and approved by the County Administrator or his designee. StF~¡;;k tl.rol:gk passages are deleted. Underlined passages are added. 4 \...- ., "Collection" means the process whereby Solid Waste and Recyclable Materials are removed from Improved Property and transported to a Solid Waste Disposal Facility or other solid waste management or recycling facility. "Commercial Property" means all Improved Property other than Residential Property. Construction and Demolition Debris" means discarded materials generally considered to be not water=soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure including suc'" d~bl"i3 fl"OITl con3tl"uction of structur~s at a sit~ rel'note frolTl t"'c construction or dCI1'\ðlition þroject, and including rocks, soils, tree remains, trees, and other vegetative matter (land clearing debris) whteh that normally results from land clearing or land development operations for a construction project. including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of Construction and Demolition Debris with other types of Solid Waste, including material fl"OITl a construction 01" d~ITlolition sit~ hhich is not from th~ actual constructiol' (md d~molition of a structl:lr~, will cause it to be classified as other than Construction and Demolition Debris. The term also includes: (g) pro ject: Clean cardboard. paper. plastic. wood and metal scraps from a construction (Q) Except as provided in section 403.707(12)(j) Florida Statutes unpainted. nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted nontreated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste: and W De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects. provided such amounts are consistent with best management practices of the industry. "County" means St. Lucie County, a political subdivision of the State of Florida. Strl:ld\ through passages are deleted. Underlined passages are added. 5 ""'" ""'" "County Administrator" the chief executive officer of the County or the designee or designees of the County Administrator which shall represent the County in the administration and supervision of this Ordinance. "County Service Area" means the unincorporated area of the County. "Duplex" shall mean a Building that contains two Dwelling Units. "Dwelling Unit" shall mean a Building, or a portion thereof, which is lawfully used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only. "Fiscal Year" means that period beginning October ¡st of each year and ending on the 30th day of September of the subsequent year. "Hazardous Waste" means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed 01" QÍ, stored, treated, or otherwise managed. The term does not include human remains that are disposed 01" QÍ by persons licensed under Chapter 470, Florida Statutes. "Improved Property" means all property within the County on which a Building or other improvements including, but not limited to, facilities providing retail electrical service to such property have been placed or constructed, which improvements result in such property generating Solid Waste or being capable of generating Solid Waste. "Land Clearing Debris" means vegetative matter resulting from a comprehensive land clearing operation. but does not include Yard Trash. "Mobile Home" means manufactured homes, trailers, campers and recreational vehicles. "Owner-Contractor" means the Contractor. only if the Solid Waste Collection Service and Recyclable Materials Collection Service delivered by the Contractor is limited to property owned by the Contractor. ~tl ~el( tl, o~gh passages are deleted. Underlined passages are added. 6 """' ....., "Public Entity Crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States. including. but not limited to. any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust. fraud. theft bribery. collusion. racketeering. conspiracy or material misrepresentation. "Recovered Materials" means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered Materials as described above are not Solid Waste "Recyclable Materials" means those materials d~sigMðted br tn~ Count}, otn~r tnan R~cov'~red N,oterials, which are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste. "Recyclable Materials Collection Service" means the Collection of Recyclable Materials. "Recycling" means any process by which Solid Waste or materials which would otherwise become solid waste. are collected separated or processed and reused or returned to use in the form of raw materials or products. "Recycling Bin" means two twelve-gallon stackable bins suitable for temporary storage of Recyclable Materials. the first of which shall be green for newspapers and the second of which shall be blue for other commingled Recyclable Materials. "Recycling Container" means (a) a 90-gallon hinged lid container (b) a front end load container with a storage capacity between 1 cubic yard and 8 cubic yards. or (c) such other storage container as may be mutually agreed upon among the County the Contractor and any individual customer. "Recycling Minibin" means a bin with a volume of not less than ten gallons that is suitable for temporary storage of Recyclable Materials. Strud\ tl,rðugk passages are deleted. Underlined passages are added. 7 '.... ..." "Regulated Contractor" means a Collection contractor that has a current Service Agreement with the County. "Residential Property" means each parcel of Improved Property on which a Single- Family Residence, Mobile Home, Duplex or Triplex is located; provided however, that "Residential Property" does not include any parcel of property on which a Mobile Home is located that is fa) classified as either "RMH-5" or "PUD" under the County's zoning regulations or (b) classified as "PUD" or as a conditional use under R-4A" or "R-51! under the zoning regulations of the City of Fort Pierce. classified a:3 eit¡"er "R"!,I / 51! or "PUD" under the COUI,t /3 zoning regulations. "Roll-Off Container" means any non-absorbent water-resistant container equipped with or without water-resistant lid or cover and approved by the County Administrator or his designee. "Rural Service Area" means that portion of the unincorporated area of the County . located outside of the Urban Service Area. "Service Agreement" means an agreement between the Board and one or more Collection contractors on such terms as the Board deems appropriate. Such an agreement shall be in writing and provide for either the exclusive or non-exclusive Collection of Solid Waste and Recyclable Materials in one or more of the Service Areas designated by the Board. "Service Area" means areas in which a Regulated Contractor is authorized to provide exclusive service to Residential Property pursuant to a Solid Waste Collection Agreement. "Single-Family Residence" shall mean a Building that contains a single Dwelling Unit. "Solid Waste" means sludge unregulated under the Federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility or garbage, rubbish, refuse, Special Waste or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. T¡"e term does IIOt include liazardous '/lo3te or Reco've:red N,aterials. Recovered materials as defined above are not solid waste "Solid Waste Collection Service" means the Collection of Solid Waste. .str wek through passages are deleted. Underlined passages are added. 8 '....... ..,I "Solid Waste Disposal Facility" means any solid waste management facility which is the final resting place for Solid Waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. "Special Waste" means Solid Waste that can require special handling and management, including, but not limited to, White Goods, waste tires, used oil, lead-acid batteries, Construction and Demolition Debris, ash residue and Yard Trash and biological waste. Spuial 'Ilaste does Ret include Biological Waste. "Standard Co.ntainer" means any commonly available light gauge steel. plastic or galvanized water-resistant receptacle of a non-absorbent material closed at one end and open at the other furnished with a closely fitted water-resistant top or lid and handle(s). or a heavy duty. securely tied. plastic bag designed for use as a garbage receptacle. A standard container. should not exceed 32 gallons in capacity. unless the Contractor implements an automated or semi-automated collection system. with the prior written approval of the Countv requiring the use of some other standard receptacle compatible with the Contractor's uniform equipment. "Triplex" shall mean a Building that contains three Dwelling Units. "Urban Service Unincorþorated Area" means that portion of the unincorporated area of the County lying to the east of the following described line: begin at the point Interstate 95 enters the County from Indian River County and run southerly along Interstate 95 to Angle Road; then run westerly along Angle Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Picos Road; then run westerly along Picos Road to Gentile Road; then run southerly along Gentile Road to Okeechobee Road; then run easterly along Okeechobee Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Interstate 95; then run southerly along Interstate 95 to Glades Cutoff Road; then run westerly along Glades Cutoff Road to C-24 Canal; then run southerly along C-24 Canal to Juliette Avenue; then run westerly along Juliette Avenue to Salvatierra Boulevard; then run southerly along Salvatierra Boulevard to Tanforan boulevard; then run easterly along Tanforan Boulevard to Interstate 95; then run southerly along Interstate 95 to the point at which it enters Martin County. "White Goods" means inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. Struck through passages are deleted. Underlined passages are added. 9 \-- ...." "Yard Trash" means vegetative matter resulting from landscaping maintenance and non-comprehensive land clearing operations, PART E. CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS, IS HEREBY AMENDED BY AMENDING SECTION 1-9-55 AS FOLLOWS: Section 1-9-55 PENALTIES FOR VIOLATION. An'f þef30n fotJl,d guiltf of violating any þrovision of thi3 articl~ shall b~ þtJni3hed by a fin~ not f:xceeding $500 or b'y imþri30n/'l'\€nt in the County jðil Mt to ~xc~ed 60 daf3 or both b'y' such fin~ and imþri30nITlel1t. [acn day a ,¡iolation of thi3 I.rticle continues unabated 3hall b~ deelTled a seþarate violation of the 3ame for þurþoSf:S of thi3 Section, The violation of any of the re9ulations restrictions and limitations promul9ated under the provisions of this section may be restrained by injunction includin9 a mandatory injunction and otherwise abated in any manner provided by law. Nothing contained in this provision shall prohibit or limit the Board's ability to enforce a violation of those provisions by any other means authorized by law, PART F. CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE ST. LUCIE COUNTY CODE OF ORDINANCEs AND COMPILED LAWS, IS HEREBY AMENDED BY AMENDING SECTION 1-9-91 AS FOLLOWS: Section 1-9-91. GENERAL AUTHORITY. (a) The board is hereby authorized to enter into service agreements with any qualified person or entity to provide for the exclusive collection of solid waste (other than sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility) and recyclable materials, from residential property within specific service areas. (b) The board is hereby authorized to enter into service agreements with any qualified person or entity to provide for nonexclusive collection of solid waste (other than sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility) and recyclable Struck through passages are deleted. Underlined passages are added. 10 :¡, '-"" ..,. materials, from commercial property throughout the unincorporated area of the county and from residential property located outside of the urban unincorporated area. (c) Service agreements may require payment of a franchise fee as set bv the Board to compensate the county for the cost of administration, supervision and inspection rendered for the effective performance of regulated contractors and shall include such other terms and provisions as the board may deem necessary or advisable, PART G. SEVERABILITY . Provisions of this Ordinance are severable; and if any section, subsection, sentence or clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shall not be affected thereby. PART H. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This ordinance, being necessary for the welfare and the inhabitants of the County shall be liberally construed to effect the purposes hereof. PART I. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect upon receipt of official acknowledgment of filing as provided in Section 125.66(2), Florida Statutes. PART J. FIUNG WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. Strl:ld< tkrðl:l~l, passages are deleted. Underlined passages are added. 11 "" -" PART K. ADOPTION After motion and second, the vote on this ordinance was s follows: Chairman Cliff Barnes XX Vice Chairman Paula A. Lewis XX Commissioner Frannie Hutchinson XX Commissioner John D. Bruhn XX Commissioner Doug Coward XX PART L. CODIFICATION Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section", "article" or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts G to L shall not be codified, PASSED AND DULY ADOPTED this day of ,2003. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA ATTEST: BY: CHAIRMAN Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Struck through passages are deleted. Underlined passages are added, 12 '-' ....., .'-1 AGENDA REOUEST ITEM NO.t? 2b DATE: July 22, 2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Deputy Sheriffs' Blanket Bond. BACKGROUND: See attached Memorandum No. 03-946. FUNDS A V Arr,.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board authorize the Chairman to execute the bond. COMMISSION ACTION: - . Xl APPROVED [] DENIED [ ] OTHER: Approved (5-0) Dou Anderson County Administrator County Attorney: y Review and Approvals Management & Budget Purchasing Originating Dept, Other: Other: Finance: (Check for Copy only, if applicable)_ Eff. 5/96 - - -- ~ - -- .. .......... 4 ~ ....... 'wi INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 03-946 DATE: July 14, 2003 SUBJECT: Deputy Sheriffs' Blanket Bond BACKGROUND: Kristen Bernero, Risk Manager for the St. Lucie County Sheriff's Office, has requested that the attached Deputy Sheriffs' Blanket Bond for 431 Deputies, be signed by the St. Lucie County Board of County Commissioners. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize the Chairman to execute the bond. ctfully submitted, DSM/cac Attachment . , .... -- --- --- '- """'" DEPUTY SHERIFFS BLANKET BOND The Deputy Sheriffs' Blanket Bond covers sworn deputies for the faithful performance of their duties of the Sheriff's office. Effective July 1, 1998, Florida Statutes now indicate that the bond be provided as required by the Board of County Commissioners. Please indicate below and return to us in the self-address envelope if you wish to continue or cancel this bond. Please continue the Deputy Sheriffs Blanket Bond xxxx Please cancel the Deputy Sheriffs Blanket Bond If yes, please indicate number of deputies to be covered under the bond 431 -/fii¿~~ Office ~~~f Dafé 81. Lucie County Board of County Commissioners Date G:\SharedIFSSIF\WORDOATAIDEPUTY SHERIFFS BLANKET BONDlorm merged.doc 2003-2004 ~ ..... ..." AGENDA REQUEST ITEM NO. C-2c DATE: July 22, 2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney PRESENTED BY: Daniel McIntyre County Attorney SUBJECT: Environmentally Significant Land Program North Fork of the St. Lucie River Malcom N. Hall and Edwina H. Hall Joe Phillip Honey and Roma Honey Tax I.D. 3433-432-0001-000/0 BACKGROUND: See attached memorandum FUNDS AVAILABLE: Funding is available in the North Fork of the St. Lucie River Project Account No. 382-3915-561000-310026 PREVIOUS ACTION: On May 22, 2001 the Board budgeted funds to proceed with due diligence on those parcels on the priority list where there are willing sellers along the North Fork of the St. Lucie River. This property was identified as one of the parcels. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase, authorize the Chairman to execute the Contract for Sale and Purchase and direct staff to proceed with the closing and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: Do as M. Anderson County Administrator u/' Review and Approvals fi [X] County Attorney:~ [x] Management & Budget: U() Yb(Y\,~] Engineering:_ [ ] Originating Dept:_ [x] Community DevelOP~ ] Public Works:_ Approved (5-0) TO: FROM: DATE: SUBJECT: ....,. ....., PROPERTY ACQUISITION DIVISION MEMORANDUM Board of County Commissioners Janet liCausi, Property Acquisition Agent July 22, 2003 North Fork of the St. Lucie River Malcom N. Hall and Edwina H. Hall Joe Phillip Honey and Roma Honey Parcel I.D. 2433-432-0001-00010 ------------------------------------------------------------------------ ------------------------------------------------------------------------ BACKGROUND: In May of 2001, a list of priority parcels along the North Fork of the St. Lucie River was presented before the Board of County Commissioners. The Board granted staff permission to pursue the willing sellers along the North Fork. Development pressures are continuing to increase and many remaining parcels within the North Fork project are in need of public protection. The owners of a rarcellocated on the North Fork as identified on the attached map, have agreed to sell the parce to the County. The Contract for Sale and Purchase sent to the property owners offered 90'ro of the appraised value, or $95,000.00 According to Daniel Fuller, MAr. the property's appraised value is $105,000.00. The counteroffer from the property owners is for the appraised value. RECOMMENDATION / CONCLUSION: Staff recommends that the Board approve the Contract for Sale and Purchase, authorize the Chairman to execute the Contract for Sale and Purchase and direct staff to proceed with the closing and record the documents in the Public Records of St. Lucie County. The Contract for Sale and Purchase is available for your review in the Property Acquisitions Office. 0; ~ ~ S entL hi " r' 2 a '" ~ ~ ,., !I~ '" ." )o ¡¡ tIð'1ll ) " ~ 8 tot". ~ ." !) 1 ¡¡ .. lLI I 8 ~ ~i a I-- I ~ ~~ ~ onll r:» R I-- S ~ s., ~ ., ~ ~ ." . In ~., _iiI ~ I ~~~ tCLlI ~ " ~ o >.., ,.: :i. ,.~ ¡:, ~ ; ~ g ~ d ~J Ail .,¡~3 d ; .:.;j1j} ~ <fJ cfl (t- d) :'~~II h :i. u < ..., ..., ,.-.: N .W'U. " " 'J Z ª ~ ~ ; ~ ~ ~ -' "' :¡: ü, . en(/) " ~ =:; þ~ '" Q 11 ¡;'~1" '00 Jt6'ÇtÇ ·'u .. ., DO I! ... 0l'I ... ~ 11 $ II) I-- ~ I-- ... " .. 11 .. 11 § 0l'I ši 0( ~ '" 11 ~ 11 ~ ~ ~ ~:::¡a~SO.18 or. a .... ...... AGENDA REQUEST .-..J ITEM NO. C..3A DATE: July 22,2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 l'VIichael Powley, P. County Engineer SUBJECT: License Agreement and Synchronization Agreement with the Florida East Coast Railway for the Midway Road Grade Crossing east of Glades Cutoff Road. BACKGROUND: The attached License Agreement and Synchronization Agreement with the Florida East Coast Railway is to construct, use, maintain, repair, and renew an at-grade public road crossing for Midway Road. The Railway will install the warning devices and replace the existing grade crossing along with other improvements for an estimate of $429,684.00. This work is part of the County's Midway Road and Glades Cutoff Road Intersection Improvements project. The cost of this work has been anticipated in our project estimates, FUNDS AVAIL.: Funds will be made available in 316-4115-563000-410045 County Capital/Engineering/Public Works from loan proceeds. PREVIOUS ACTION: July 23, 2002 - Board approved Work Authorization No. 6 (COO-1 0-1 07) to the Contract for Roadway and Intersection Design with LBFH, Inc. - Midway Road and Glades Cutoff Road Intersection Improvement Redesign Modifications in the amount of $279,025.00. November 4, 2002 - Board approved Work Authorization NO.7 to the contract for Roadway and Intersection Design with LBFH, Inc. - South Jenkins Road Extension Project "P" in the amount of $349,480.00, March 18, 2003 - Board approved Work Authorization NO.8 (COO-1 0-1 07) with LBFH for signalization of Midway Road and Torino Parkway in the amount of $47,795.00. April 15, 2003 - Board approved Work Authorization NO.1 (COO-05-492) for Construction Management Services with American Consulting Engineers of Florida, LLC, for Midway Road and Glades Cutoff Road Intersection Improvements; South Jenkins Road Extension; and coordination forthe installation of waterline on Glades Cutoff Road in the amount of $775,336.80. June 24, 2003 - Board awarded Bid No. 03-056, Midway Road and Glades Cutoff Road Intersection Improvements and Midway/Glades Cutoff Road Utilities Extension-Phase IA to Community Asphalt Corporation in the amount of $5,028,653,61. July 8,2003 - Board approved Work Authorization No. 16 (COO-11-179) for Soil Testing Services with Dunkelberger Engineering & Testing, Inc., for Midway Road and Glades Cutoff Road Intersection Improvements in the amount of $40,000.00. \ '-' '-'" ... RECOMMENDATION: Staff recommends approval of the License Agreement and Synchronization Agreement with the Florida East Coast Railway for the Midway Road Grade Crossing in the amount of $429,684.00, and authorize the Chairman to sign. COMMISSION ACTION: ~, APPROVED [ ] OTHER: [ ] DENIED D u las Anderson County Administrator Approved (5-0) :% [x]County Attorney ~ [x]Originating Dept Public Works midway glades fec license agmtag CoordlnationlSi~matures . i\ð' ^ , [x]Mgt&Budget ~~ [x]Co. Eng M" P [x]Revenue Coord,~ [X]ROadIBridge~ ~ ...., . LICENSE AGREEMENT THIS LICENSE AGREEMENT, effective as of the day of ,2003, is between the FLORIDA EAST COAST RAILWAY, L.L.C. (Address: P. O. Drawer 1048, St. Augustine, Florida 32085), a Limited Liability Company, hereinafter called "RAIL WAY" and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called "COUNTY". WITNESSETH: That the RAIL WAY, in consideration of the covenants and conditions hereinafter set forth to be performed and kept by the COUNTY, hereby permits the COUNTY to construct, use, maintain, repair, renew and ultimately remove an at-grade public road crossing across and over the tracks, right of way and property of RAIL WAY, at the RAIL WAY'S Milepost K5 + 4,227', more particularly described in Exhibit A attached hereto and incorporated herein by reference, hereinafter referred to as the "CROSSING SITE": The CROSSING SITE includes any railroad crossing warning signs, crossing surfaces and automatic crossing warning devices which are, or might be, located within or adjacent to the above-described location, provided that, the construction of the CROSSING SITE shall be done by RAIL WAY as provided in this License Agreement ("Agreement") and further provided that, notwithstanding rights to the COUNTY granted herein, RAILWAY reserves the right to perform all work required on RAIL WAY'S property including construction, drainage, lighting and vegetation management, in which event COUNTY shall pay the RAIL WAY the entire cost and expense of labor, materials and equipment furnished by RAIL WAY in performing such work. /"F1:¡;',;~~;> ¡---~.--::.----------~---' .. ,----\,-- -_._-~-- I F E ( F)wy eCl O·"'rr.'rr,>I ( (''''I l----_~_,~~~_~~~__~_._,__..~._ __"-:.:_~~t~.í_~_i I_.,>/~I·¡J j Page \w ...., The status of the COUNTY is that of a licensee and not lessee, granting the COUNTY the right to use the CROSSING SITE as specified herein. In consideration of the granting of this Agreement by the RAILWAY, the COUNTY covenants and agrees with the RAIL WAY as follows: 1. The CROSSING SITE shall be used for public at-grade road. crossing purposes only and no utility, including telecommunications facilities, pipes, wires, cables; or other line or structure shall be placed in, on or over the CROSSING SITE without the previous consent in writing of the RAIL WAY. COUNTY further agrees that it will at all times keep the CROSSING SITE, together with the additional portions of the RAItW A Y'S right-of-way within 325 feet of the northerly and southerly limits or boundaries of the CROSSING SITE clear of any vegetation or other growth greater than two (2) feet in height on each side of the tracks at the sole expense of the COUNTY and without cost to RAILWAY or lien upon RAILWAY'S property. 2. This Agreement is for an initial term of one (1) year and shall continue in effect thereafter fiom year to year, subject to termination by the RAILWAY or COUNTY upon sixty (60) days prior written notice. 3. COUNTY shall pay an annual license fee in advance to RAILWAY of $9,000.00 (Nine Thousand Dollars), for use of the Crossing. The license fee shall be increased each year on the anniversary date of this Agreement, commencing on the anniversary date of the second year of this Agreement, by the product of the annual license fee in effect for the preceding year multiplied by one hundred percent (100%) of the percentage increase, if any, in the Consumer Price Index, (1967=100), issued by the Bureau of Labor Statistics of the U.S. Department of Labor ("CPl"), or 3%, whichever is greater. The base CPI will be the CPI for the month of the /J"! ¡; ,'): .-/j Page 2 '-' "'wI year preceding the applicable annivcrsary date of this Agreement by ninety (90) days. No adjustment will be made for decreases in the CPl. 4. The provisions and stipulations of this Agreement are a part of the consideration of the licensing of the CROSSING SITE, and in the event the COUNTY shall fail to comply with any of the covenants and conditions, then, at t~e option of the RAIL WAY, this Agreement shall be terminated with full legal rights and remedies retained by the RAIL WAY, including but not limited to the right to reenter, repossess, and remove the crossing if it shall elect to do so. 5. The COUNTY shall grant forthwith to the RAILWAY necessary permits for the installation, construction, erection, repair and maintenance of any of the RAIL WAY-owned or maintained facilities described in this Agreement. If the COUNTY fails to promptly grant the RAIL WAY necessary permits, COUNTY shall bear all additional expense incurred by the RAIL WAY attributable to such failure, including costs due to slow ordering of trains. COUNTY shall promptly pay such amounts upon billing by the RAIL WAY. 6. Unless otherwise specified, the cost of installation, construction, maintenance and replacement of all facilities at the CROSSING SITE, including but not limited to the crossing structure and railroad and highway devices, whether performed by the COUNTY or RAIL WAY, shall be the sole responsibility ofthe COUNTY. 7. The RAILWAY shall install the warning devices, including the fixed signs, flashing lights, bells and gates (collectively the "WARNING DEVICES"), at the CROSSING SITE at the sole cost of the COUNTY. The WARNING DEVICES are a Type III Class IV installation as defined in the Florida Department of Transportation Schedule of Signal Installations by Type and Class attached hereto as Exhibit C. Installation costs are estimated to be $276,700.00 as /): I ;\¡',).\,/;; Page 3 - - ---- - - \w ...., shown on the estimates for signal installation attached hereto as Exhibit B and incorporated by reference. In addition, COUNTY shall pay unto RAILWAY annual1y the annual cost of maintenance of said WARNING DEVICES as provided in the Florida Department of Transportation's SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES, as may in the future be revised or amended, a copy of which is attached hereto as Exhibit C and incorporated herein by reference. The WARNING DEVICES will be owned by the RAILWAY and shall remain at the CROSSING SITE until the RAILWAY decides that they are no longer needed or should be replaced, or until other legal requirements are imposed which shall eliminate or substantial1y change their operations. 8. The RAILWAY shall replace the existing 34' wide Type T -modified grade crossing structure with a 144' wide Concrete grade crossing surface (the "SURFACE') along with other improvements as shown on the drawing, attached hereto as part of Exhibit A, in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Index No. 560, as may be amended, at the sole cost of COUNTY. Installation costs are estimated to be $152,984,00 as shown on the estimates for crossing installation attached hereto as Exhibit B and incorporated by reference. When the RAILWAY determines that the replacement of the new SURFACE is more economical than its continued maintenance, the RAILWAY shall have the exclusive option to replace the SURF ACE with a comparable or improved structure. The replacement costs of the new SURFACE shall be the sole responsibility of the COUNTY. The COUNTY shall, at its sole expense, maintain and replace the remainder of the road inside the RAIL WAY'S right-of-way, plus any paving which may be located /J I \¡¡!,)-~,;';j Page 4 .... ..." between the ends of the ties. The RAIL WAY shall provide a construction watchman at said CROSSING SITE while work is being performed by the COUNTY under the provisions of this Agreement, at the sole expense of the COUNTY. 9. The COUNTY agrees, acknowledges and understands that the RAILWAY reserves the right to make any changes at any future time in its existing tracks or other facilities, including the installation, maintenance and operation of any additional track or tracks or other facilities on its right-of-way at the CROSSING SITE. The COUNTY agrees to bear the total expense of any changes or additions to the pavement and traffic signal aevices, the SURFACE, the WARNING DEVICES or other railroad signalization equipment or new structure at the CROSSING SITE, whether these changes or additions are required by law or order of any public or judicial authority, done voluntarily by the RAILWAY, or requested by the COUNTY. 10. The COUNTY agrees that it will install, maintain and replace all necessary drainage facilities to prevent the accumulation of surface water due to the existence of the CROSSING SITE. Such facilities must first be approved by the RAILWAY and any governing bodies having jurisdiction thereof and operation of the facilities shall also be subject at all time to their approval. An additional license agreement may be required by the RAIL WAY, depending upon the location of such drainage facilities and type, size, depth and other specifications of the proposed facilities, as submitted to the RAILWAY. 11. Lighting facilities adequate to comply with the requirements of the laws of the State of Florida covering illumination of road crossing shall be installed, maintained and replaced at or near this CROSSING SITE by and at the sole cost of COUNTY. 12. The COUNTY further covenants to pay the RAIL WAY, within thirty (30) days after presentation of the same, all bills submitted by Railway including maintenance bills as set forth /JlnIU,~;"J Page 5 ~ ¥ III Paragraph 7 above and all bills for electricity for the lighting and illumination of the CROSSING SITE if same are provided by Railway. 13. At the termination of this Agreement for any cause, or upon termination of the COUNTY'S use of the CROSSING SITE as herein described, all rights of the COUNTY shall terminate and the COUNTY shall remove, under the RAIL WAY'S supervision and direction, at COUNTY'S entire cost and expense, said road and all non-RAIL WAY -owned improvements placed upon the RAIL WAY'S right-of-way and restore the ground to its original condition. 14. The COUNTY shall indemnify, defend and hold harmless RAILWAY for assessments or other charges of any kind whatsoever against the RAIL WAY at any time for any portion of public improvements installed on or within two hundred (200) feet of the CROSSING SITE arising out of the existence of the CROSSING SITE. 15. The COUNTY shall not in any way, or at any time, interfere with or obstruct RAIL WAY'S right-of-way, the movement of RAIL WAY'S trains and other railroad operations, or interfere with the RAIL WAY'S use thereof, or the use thereof by RAIL WAY'S assigns, invitees, lessees or licensees. 16. The COUNTY acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the COUNTY to recover damages set forth in such statute for injury or loss of property, personal injury, or death caused by the negligence or wrongful act or omission of an employee of COUNTY while acting within the scope of the employee's office or employment under circumstances in which COUNTY, if a private person, would be liable under generallaws of this State. /.r! ,,~~·i .J Page 6 '-- .." The COUNTY will include in any contract which it may let for the whole or part of said work to be performed hereunder by or for the COUNTY, each and everyone of the terms and conditions included on the document entitled "INDEMNITY OF FLORIDA EAST COAST RAILWAY, L.L.C. AND INSURANCE REQUIREMENTS" attached hereto and made a part hereof as Exhibit D. 17. (a) COUNTY, at its own cost and expense, when performing any work in connection with the CROSSING SITE shall request RAIL WAY to furnish any necessary construction watchmen for the protectiol'l of RAIL WAY'S employees, property and train operations. RAIL WAY shall be notified at least one (1) week in advance of the performance of any work in connection with the CROSSING SITE. (b) In addition to, but not in limitation of any of the foregoing provisions, if at any time RAIL WAY should deem it necessary to place construction watchmen for the protection of any person or property, during the construction, maintenance, repair, alteration, renewal, or removal at the CROSSING SITE, RAILWAY shall have the right to place such construction watchmen, or other persons at the sole cost and expense of the COUNTY. Upon receipt of a bill from RAILWAY, COUNTY shall promptly pay RAILWAY the full cost and expense of such construction watchmen. The furnishing or failure to furnish construction watchmen, or other persons by the RAILWAY under this paragraph, however, shall not release COUNTY from any and all other liabilities assumed by COUNTY under the terms of this Agreement, including its obligations under Paragraph 16 hereof. The COUNTY shall give the RAIL WAY one (1) week's advance written notice when it or its contractor or anyone claiming under this Agreement proposes to enter upon the CROSSING SITE to perform work under this Agreement in order that proper warning may be provided for trains. In emergency situations COUNTY shall give the /J'li¡/j,~_/;j Page 7 ~ ....",¡ RAIL WAY telephonic notice. The COUNTY further agrees that at all times its personnel or agents are on the property of the RAILWAY, they will be accompanied by a RAILWAY representative and any cost involved will be borne by the COUNTY. 18. After the SURFACE and WARNING DEVICES have been installed and all other work to be performed by the RAIL WAY under this Agreement has been completed and found to be in satisfactory working order by the RAILWAY, the RAILWAY shall furnish to the COUNTY an invoice showing the final total cost of material, labor and equipment furnished by the RAILWAY, in accordance with the estimate of said cost to the COUNTY to be $429,684.00 set forth in Exhibit B and COUNTY shall pay such invoice no later than thirty (30) days from the date thereof. 19. Installation, maintenance and replacement of any and all railroad advance warning signs and pavement markings on any road approaching the CROSSING SITE shall be the sole responsibility and cost of the COUNTY, and at its sole expense. 20. The COUNTY shall promptly pay RAIL WAY all charges for replacement, repair or otherwise of the CROSSING SURFACE and RAILROAD DEVICES within thirty (30) days of the date of invoice. Failure to promptly pay to RAILWAY amounts billed as due under this Agreement shall constitute default by the COUNTY. 21. The COUNTY hereby acknowledges that it has been notified that its personnel will or may be working in an area containing active fiber-optic transmission cable as well as other cables and other facilities. 22. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. ,:Jli¡:~:L;·j Page 8 \.r -."",I 23. This Agreement will be governed by the laws of the State of Florida. It constitutes the complete and exclusive statement of the Agreement between the parties which supersedes all proposals, oral or written, and all other communications between the parties related to the subject matter of this Agreement. Any future change or modification of this Agreement must be in writing and signed by both parties. 24. It is understood by and between t~e respective parties hereto that this License Agreement cancels and supersedes the existing Memorandum of Agreement dated January 9, 1973, between State of Florida Department of Transportation, St. Lucie County, and Florida East Coast Railway. /,t- I ¡¡I'. ~,/) Page 9 , . ~ "-' IN WITNESS WHEREOF, the RAILWAY and the COUNTY have caused this instrument to be executed in their corporate names and respective seals to be hereunto affixed in duplicated the day first hereinafter written by their undersigned officials thereunto lawfully authorized. Signed, sealed and Delivered in the presence of: FLORIDA EAST COAST RAILWAY, L.L.C., a Limited Liability Company By: (Seal) ATTEST: Witnesses as to RAIL WAY Assistant Secretary DATE: ST. LUCIE COUNTY, a political subdivision of the State of Florida By: Title: Witnesses as to COUNTY Attest: Title: Date: I ¡\¡',i·~,'/; Page 10 · . \..... "" LICENSE AREA June 2, 2003 File: K5/39/4227 MIDWAY ROAD (SR 712)-MP K5+4,227' - FDOT # 272254P A PARCEL OF LAND WITH UNIFORM WIDTH OF ONE HUNDRED EIGHTY (180) FEET NORTHWESTERLY AND SOUTHEASTERLY AND EXTENDING NORTHEASTERLY AND SOUTHWESTERLY ACROSS THE RIGHT-OF-WAY AND MAIN TRACK OF THE RAILWAY AT MIDWAY ROAD (SR 712) CROSSING IN FT. PIERCE, FLORIDA, WITH LONGITUDINAL CENTER LINE OF SAID PARCEL LOCATED FOUR THOUSAND TWO HUNDRED TWENTY SEVEN FEET (4,227') SOUTHERLY FROM THE RAILWAY'S MILE POST NO. K5 AS MEASURED FROM FT. PIERCE, FLORIDA, SAID RIGHT-OF-WAY OF THE RAILWAY HAVING A TOTAL WIDTH OF TWO HUNDRED (200) FEET AT THIS LOCATION, BEING ONE HUNDRED (100) FEET IN WIDTH ON THE NORTHEAST AND SOUTHWEST SIDE AS MEASURED FROM THE CENTERLINE OF THE K-BRANCH TRACK, ALL AS SHOWN ON THE ATTACHED DRAWING NO. 0l-E-111, DATED JUNE 2, 2003, ATTACHED HERETO AND MADE A PART HEREOF. EXHIBIT "A" '-" FLORIDA EAST COAST RAILWA Y COMPANY SAINT AUGUSTINE. FLORIDA FT. PIERCE: CROSSING DESCRIPTION New Length of Crossing Surface: Number of Tracks: Length of Track Panel: AGREEMENT DESCRIPTION Responsible Party: Agreement Date: Division of Responsibi1 ity Encase Fiber Optic Cable Maintenance of Traffic Crossing Surface Track Materials Track Construction Paving ..., LJ(]N(;EST.WK~) 06/02/03 16:32 WIDEN EXISTING 34' TYPE "Tn MODIFIED GRADE CROSSING TO 144' CONCRETE CROSSING. MIDWAY ROAD (SR 712), MILEPOST KS+4,227' AAWDOT NO. 2722S4P FILE: K5/39/4227 144 Tf I Ea 184 If PA VING DESCRIPTION Width (Across Road) Length (Along Road) Projected Lift 144 Ft 80 Ft 3 In ST, LUCIE COUNTY GANG DESCRIPTION 4 Ft Lauderdale Section 15 Ft Lauderdale Smoothing 3 Crane 2 Loader COUNTY COUNTY COUNTY COUNTY COUNTY COUNtY COST RECAPITULATION Salvage 10.00"10 Respon~ible Track & Civil Work Item Labor EQuivment Material Contract Credit Contin2encv Total ~ Encase Fiber Optic Cable nla nla nla 6,600,00 nla 700.00 7,300,00 COUNTY MobilizationlMaterial Consolidation 1,877.64 1,99370 nla nla nla 428_66 4,300.00 COUNTY Construct Track Panel 2,093-87 2,67U9 15,658.14 nla nla 2,076,80 22,500,00 COUNTY Maintenance of TrafficIPolice Protection nla nla nla 22,nO_OO nla 2,280.00 25,000_00 COUNTY Remove Crossing Surface 232,11 34831 nla nla (864.00) (116-42) (400.00) COUNTY RemovelReplace Track/Crossing Structure 3,740.18 5,205.48 nla nla (5,436_ 14) 390-48 3,900_00 COUNTY Line & Surface Track 85L82 857.58 4,065_80 nla nla 624-80 6,40000 COUNTY Replace Crossing Surface 983.07 1,475.19 38,544-48 nla nla 4,19725 45,20000 COUNTY Place Asphalt 168.50 28-45 nla 29,160_00 nla 2,943-06 32,30000 COUNTY DemobllizationlSlte Cleanup 469.00 0.00 nla nla nla 13LOO 600.00 COUNTY Totals: 10,41620 12,579-89 58,268-42 58,480,00 (6,300.14) 13,655.63 147,100,00 TOTAL TRACK PROJECT COST: SI47,100.00 1,02L53 SIFt ENGINEERING & SUPERVISION: 5,884.00 TOTAL TRACK & CrvIL PROJECT COST: SI52,984.00 TOTAL SIGNAL IMPROVEMENT PROJECT COST: 276,700.00 #REF' TOTAL COST TO BE BORNE BY ST. LUCIE COUNTY: S429,684.00 I\OTE: THIS IS AN ESTIMATE ONLY, ALL CHARGES WILL BE BASED ON ACTUAL COST. ModdlaotRaist:d1i17197 EXHIBIT "B" ··e \w FLORIDA EAST COAST RAILHAY L.L.C. OFFICE OF THE GENERAL MANAGER OF SIGNALS AND COMMUNICATIONS "WI DATE: FILE: TYPE: CLASS: NO. OF DAYS: AAR I DOT II: MILE POST: Project Type: ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT MIDWAY ROAD. This estimate should be considered void after one (1) year. MATERIAL GATE ASSEMBLIES GATES GATE FOUNDATIONS ADDITIONAL FLASHING LIGHT ASSEMBLIES CANTILEVERS 40' & 28' CANTILEVER FOUNDATIONS WIRED CASE, 3AB & HXP3 BATTERY BOX BATTERIES, SAFT SPL250 MISC. GROUND MATERIAL CONDUI~.& DIRECTIONAL BORE CABLE MISCELLANEOUS RELAY EQUIPMENT POWER SERVICE MONITORING EQUIPMENT SANITATION & DISPOSAL FREIGHT & HANDLING TAX @ 6.5% TOTAL MATERIALS UNIT COST $6,539.00 $500.00 $575.00 $1,168.00 $25,470.00 $3,200.00 $64,924.00 $675.00 $212.00 $2,467.62 $45.00 $7,500.00 $1,120.00 $1,500.00 $9,940.00 $1,500.00 EXCAVATING EQUIPMENT PER DAY EQUIPMENT RENTAL PER DAY FOREMAN'S TRUCK PER DAY GANG TRUCK PER DAY SUPERVISORS TRUCK PER DAY EQUIPMENT TOTAL $181.00 $125.00 $35.00 $63.00 $35.00 ENGINEERING ENGINEERING TOTAL $6,500.00 CONSTRUCTION SUPERVISION LABOR ADDITIVE SUPERVISION TOTAL $274.00 LABOR PER DAY NUMBER OF DAYS LABOR ADDITIVE TOTAL LABOR $1,114.80 15 GANG EXPENSES PER DAY NUMBER OF DAYS TOTAL GANG EXPENSES $553.00 15 SUB-TOTAL CONTINGENCIES 5% TOTAL 272254 P.xls UNITS 4 EA. 4 EA. 4 EA. 1 EA. 2 EA. 2 EA. 1 EA. 2 EA. 50 EA. 1 PKG. 180 FT. 1 PKG. 1 PKG. 1 EA. 1 PKG. 1 PKG. 15 DAYS 15 DAYS 15 DAYS 15 DAYS 15 DAYS 1 15 DAYS 05/13/03 10.2 III IV 15 272254P K 5+4227' FDOT TOTAL COST $26,156.00 $2,000.00 $2,300.00 $1,168.00 $25,470.00 $6,400.00 $64,924.00 $1,350.00 $10,600.00 $2,467.62 $8,100.00 $7,500.00 $1,120.00 $1,500.00 $9,940.00 $1,500.00 $25,649.00 $11.115.00 $209,259.62 $2,715.00 $1,875.00 $525.00 $945.00 $525.00 $6,585.00 $6.500.00 $6,500.00 $4,110.00 $2.289.00 $6,399.00 $16,722.00 $9.759.00 $26,481. 00 $8,295.00 $263,519.62 $13,176.00 $276,700.00 '-' 'WI SYNCHRONIZATION AGREEMENT THIS SYNCHRONIZATION AGREEMENT, made and entered into this _day of , 2003, by and between the FLORIDA EAST COAST RAILWAY COMPANY L.L.C., a Florida Limited Liability Corporation, with an address of One Malaga Street, St. Augustine, Florida 32085 hereinafter called "FEC" and ST. LUCIE COUNTY, FLORIDA, hereinafter called "COUNTY". WHEREAS, Railroad Automatic Warning Devices, hereinafter referred to as "RAILROAD DEVICES", presently exist or shall be installed, at a rail/highway grade crossing ofMIDW A Y ROAD.. at Railroad Mile Post K5 +4227' WHEREAS, the parties desire that the RAILROAD DEVICES be synchronized with both existing and/or proposed highway traffic signal devices, at MIDWAY ROAD and GLADES CUTOFF ROAD hereinafter referred to as "HIGHWAY DEVICES", in order to clear highway traffic from the grade crossing upon the approach of trains; NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties agree as follows: A. FEC shall: 1. Install the necessary synchronization equipment to terminals of the FEe's control box for the RAILROAD DEVICES and perform actual control box connection with cables from the COUNTY'S circuit at COUNTY'S expense. The installation shall be done by the FEC'S own forces, with supervision and approval of the COUNTY at an estimated cost of~, set forth in the estimated cost for synchronization equipment and 1 \.,..- ....,¡ installation appended hereto as Exhibit A and in accordance with the "Specifications for Installation of Traffic Signal Synchronization along Florida East Coast Railway Right of Way," appended hereto as Exhibit B hereinafter referred to as "Specifications", 2. NotifY the COUNTY ofFEC'S intention to make any changes in the operation of the RAILROAD DEVICES, which. in any way, would affect the synchronization with the HIGHWAY DEVICES. 3. Render the COUNTY a final bill, within thirty (60) days ITom the completion date of the project, for all actual identified charges including credits for salvage or betterments, if any, attributable to the project. B. The COUNTY shall, at its sole expense: 1. Install or have installed all cable, circuitry, and related equipment required to operate the HIGHWAY DEVICES in a synchronized manner, and will provide and maintain sufficient cable to reach the FEC's control box for connection by FEC's personnel. 2. Design, construct, and install the HIGHWAY DEVICES, as shown on the attached plans and specifications. 3. Request total pre-emption timing of 35 seconds ITom FEC to provide clearance of highway traffic ITom the Highway-Rail Grade Crossing, with-L :; of those (35) seconds to be advanced pre-emption to be provided by FEC. 3. Promptly reimburse the FEC for all actual costs attributable to the project, pursuant to Paragraph A.l. 5. Operate, maintain, and replace the HIGHWAY DEVICES. 2 '-' ...." 6. Notify FEC in advance of COUNTY'S intention to make any changes in the operation of the HIGHWAY DEVICES, which, in any way, might affect synchronization with the RAILROAD DEVICES. 7. Use other means including, traffic control personnel or law enforcement personnel to control the flow of traffic at the traffic signal locations at any time the Highway Devices are inoperative so as to clear the highway/railroad grade érossing before the approach of trains. 8. Relocate its cable, circuitry, and related equipment, upon written notice from the FEC, that the relocation is necessary due to railroad operations, including, but not limited to, track relocation, maintenance, or replacement, or because of changes or additions to the FEC's train control signals or communication equipment. C. Grade Crossing Agreements: 1. This synchronization agreement does not affect any existing contract between FEC and COUNTY or third parties, by which the highway/railroad grade crossing is permitted to exist, or is maintained, or by which the RAILROAD DEVICES are installed and maintained. 2. This synchronization agreement is of an indefinite, but unperpetual duration and shall terminate upon the removal of the aforementioned rail\highway grade 3 crossing or upon the mutual consent of both parties. 3. The installation of any cable or other facility on or beneath the FEC'S tracks or right of way required for synchronization shall be installed in accordance with the Specifications. 3 · ......,. -..I 4. This agreement constitutes the entire understanding ofthe parties and shall not be modified except by the written agreement of both parties and shall be construed according to the laws of the State of Florida. Each fully executed copy of this agreement shall be considered an original. 5. This Synchronization Agreement supersedes and renders null and void the Synchronization Agreement dated December 14th, 1999 between the FEC and the COUNTY. IN WITNESS WHEREOF, the parties, through their authorized officials, have executed this agreement in duplicate originals on the date indicated. Signed, sealed and delivered in the presence of: FLORIDA EAST COAST RAIL WAY COMPANY L.L.C. , a Florida Limited Liability Corporation By: Attest: Assistant Secretary Witnesses as to Company Date: ST. LUCIE COUNTY By: Title: Witnesses as to County < - Attest: Title: Date: 4 · \w 'wi EXHIBIT A NOT APPLICABLE ~E~ \.r EXHIBIT B FLORIDA EAST COAST RAILWAY COMPANY ONE MALAGA STREET, P.O, DRAWER 1048, ST AUGUSTINE, FLA, 32085 OFFICE OF THE GENERAL MANAGER. SIGNAL AND COMMUNICATIONS "WIll Specifications for the Installation of Traffic Signal Synchronization Along Florida East Coast Railway right of way. RAILS ~ ~~ WPOFÆ ðc;;5~~~~<$]T~m ;~Ö(C).~~O, T ~9~~~t~~~O~~~~O~~·~:i~;/..TE ...",. .,., " .. .. . ~ L 1) All traffic signal synchronization interconnection cable must be incased in conduit. The conduit is to be a schedule 40 Polyvinyl Chloride (pVC) or equivalent. 2) The conduit will be installed by Jack and Bore, or Directional Bore under the track structure at a minimum depth of five and one half (5 Y2) feet below top of tie. In addition, a minimum depth offour (4) feet below grade will be maintained for the duration of the conduit run while on the right of way. 3) The conduit will end in an at grade interconnecting pull box, provided by the installing agency or designated representative, and situated not greater than five (5) feet rrom the Railroad's instrument case. 4) The interconnection circuitry must be such that any break in the circuit will cause the traffic signal to enter the preemption mode. A. All new installations will utilize a dual break circuit design consisting of 1 set of normally closed dry contacts in line with the signal control hot or positive leg and 1 set of normally closed dry contacts in line with the signal control return or negative leg. B. In existing locations where a single break circuit is utilized, the control signal being sent to the Railroad's instrument case must be at a potential other than neutral or ground. Updated: 5/14/03 -1 - SyncSpec IV1 .doc · (tE~ ~,. ....... EXHIBIT B FLORIDA EAST COAST RAILWAY COMPANY ONE MALAGA STREET, P.O. DRAWER 1048, ST. AUGUSTINE, FLA. 32085 OFFlC¡¡ OF THE GENERAL MANAGER. SIGNAL AND COMMUNICATIONS ""'" Specifications for the Installation of Traffic Signal Synchronization Along Florida East Coast Railway right of way. 5) The Railroad will provide and maintain one or two sets of normally closed dry contacts as required by approved circuit design. They will also provide and maintain the cable and conduit between the pull box and the grade crossing instrument case. 6) Any deviation or modifications to these specifications must be approved, in advance, by the Vice President, Engineering and the Chief Engineer, Signal and Communications. Updated: 5/14103 -2- SyncSpec rv1,doc ~. '-" ..."" ITEM NO. C3-b DATE: July 22, 2003 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Work Authorization No. 10 with Kimley-Horn Associates, Inc, for Roadway and Intersection Design at Edwards Road and Selvitz Road in the amount of.$9,230, for mast arm signal design and related geotechnical exploration of the Edwards Road and Selvitz Road intersection. BACKGROUND: On June 15, 1999, St Lucie County entered into an agreement with Kimley-Horn and Associates to provide design and permitting services for Edwards Road and Selvitz Road Intersection Improvements. The Project includes expansion of the intersection to include turn-lanes and stormwater treatment Construction is funded in the Capital Improvement Program approved by the Board in 2002. Over the last 2 years, the County has been working to secure property for expanded right-of-way and a stormwater retention pond. In February of 2002, a retention pond site was purchased adjacent to Five Mile Creek. Stormwater will be routed eastward from the intersection towards Five Mile Creek, and treated for water quality improvement prior to discharge. The roadside swales and driveway culverts along Edwards Road will be improved to provide a conveyance system to route stormwater to the retention pond. A mast arm signal is proposed for the intersection, The attached Work Authorization outlines the scope of service to be provided to accomplish the structural analysis and design of the mast arms for the signal system. Additionally, this includes geotechnical exploration to evaluate subsuliace conditions for use in the mast arm foundation design. FUNDS AVAILABLE: Funds will be made available in 101002-4112-563021-4114- Transportation Trust/Constitutional Gas Tax- Reimbursables and 101002-4112-563005-4114 Transportation Trust/Constitutional Gas Tax-Engineering. PREVIOUS ACTION: 6/15/99 - Board approved the work authorization with Kimley-Horn for design of intersection improvements at Edwards Road and Selvitz Road. 2/20/01 - Board approved the work authorization with Kimley-Horn for retention pond analysis. 9/18/01 - Board approved the work authorization with Kimley-Horn for additional survey and engineering for the development of legal sketches and description associated with the pond improvements. 2/12/02 - Board approved the purchase of the retention pond site. 3/15/02 - Board approved the work authorization with Kimley-Horn for a boundary survey of the retention pond. 4/15/03 - Board approved the work authorization with Kimley-Horn for surveying, design of stormwater conveyance system and swale improvements, and the preparation of sketch and legal descriptions. L- \.,.. ...." RECOMMENDATION: Staff recommends that the Board approve the attached Work Authorization NO.1 0 with Kimley-Horn and Associates, Inc. in the amount of $9,230, for mast arm signal design and related geotechnical exploration of the Edwards Road and Selvitz Road intersection, and signature by the Chairman. ,] APPROVED [ ] OTHER [ ] DENIED COMMISSION ACTION: Approved (5-0) [x] Caunty Attorney ~ [x] County Engineer il'lf' [x] Budget & Rev. Coor. b A r\ (Check for copy anly, if applicable) [x] Mgt. & BUdget~' \'\'1 [x] Originating Dept. P~kS ~\t\ Ix] Project. Man. Ix] Raad & Bridge [x] Purchasing Dept. .' í/ ;;- \...- ...., WORK AUTHORIZATION NO. 10 Engineering Services Roadway and Intersection Design COO-10-112 Edwards Road and Selvitz Road Signal Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Kimley-Horn and Associates, Inc. (the "Engineer") dated October 1, 2000, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ENGINEER BY: ÌÝ1l3 . ;7)Ji:. Print NWj U JGfT 13. #It( {L(<;. Kimley-Horn and Associates, Inc. Date: 716Ä3 '"' '-" ...." Exhibit A SCOPE OF SERVICES Task 1 - Signalization & Mast Arm Design We will develop a mast ann signalization plan to the proposed intersection improvements of Edwards Road and SelvitzRoad. We will perform the structural analysis and design of the mast anns for the signal system. The plan will delineate mast ann placement, loop placement, head locations, mast arm details and other necessary details sufficient to bid and construct. The design will be completed and subrnitted to St. Lucie County for review. St. Lucie County will provide final timing for the signal. Task 2 - Geotechnical Limited geotechnical exploration will be performed at the intersection to evaluate the existing subsurface conditions for use in the mast arm foundation design. We will obtain a deep soil boring and make soil classifications and foundation design recommendations. ,;" '-' Exhibit B COMPENSATION .., We will provide the services described in Task 1 and 2 for a lump surn amount of $9,230 inclusive of expenses. For informational purposes a breakdown of the individual tasks are provided below. · Task I - Signalization & Mast Arm Design . Task 2 - Geotechnical TOTAL $ 8,230 $ 1,000 $9,230 '. \.,.; ...."" Exhibit C SCHEDULE The subsoil investigation and signal design is expected to take approximately 8 weeks and will be undertaken concurrently with the intersection design. ... ~ AGENDA REQUEST ''wlI ITEM NO. ~. -3 ~ DATE: July 22,2003 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): Engineering ichael Powley, P.E. County Engineer SUBJECT: Grey Twig Lane MSBU - Potable Water (PSL Utilities) Approval of Amendment NO.2 to Work Authorization No.9 to the Agreement for Continuing Engineering Services with LBFH, Inc., in the amount of $3,400,00 for additional engineering services in the redesign of the potable water main location. BACKGROUND: On September 18, 2001, the Board created the Grey Twig Lane MSBU to provide potable water improvements. On March 19,2003, County staff held another informal meeting with the residents to discuss the redesign of the water main location within the roadway, at a cost increase, in lieu of the swale area which may impact the preservation of the oak trees. It was the consensus of the residents to proceed with the project, on the condition that the redesign cost will not further increase. FUNDS AVAIL.: Per Budget Resolution No. 01-259: 399-4115-531000-38005 PREVIOUS ACTION: September 18, 2001 - Board created the Grey Twig Lane MSBU. October 10, 2000 - Board approved W.A. No. 9 with LBFH to prepare a conceptual design and cost estimate. March 26, 2002 - Board approved Amendment No. 1 to W,A. NO.9 with LBFH to provide the final design, permitting, and bidding services, RECOMMENDATION: Staff recommends approval of Amendment No. 2 to Work Authorization No. 9 to the Agreement for Continuing Engineering Services with LBFH, Inc., in the amount of $3,400.00, for additional engineering services to redesign the potable water main location, and authorize the Chairman to execute the Work Authorization. ...... -. COMMISSION ~TION: X] APPROVED [] DENIED II OTHER: Approved (5-0) [~Co""' A""m"~? [X]Public Works Dir,_ ~ . ~]"-€~-'; gleng\wplmsbuproglmsbuprojlgreytwiglag a-eng3. wpd Coord ination/S i:natu res [X ]Mgt. & Budget 'ittO ty\/ [ ]Util Dir: ouglas M. Anderson County Administrator [ ]Purchasing [X]MSBUCO~ " \... ..., AMENDMENT NO. 2 WORK AUTHORIZATION NO.9 Potable Water MSBU for Gray Twig Lane Revised Water Main Location Contract No. COO-03-234 Pursuant to that certC1in Agreement for Continuing Engineering 5ervices (the "Agreement") between St. Lucie County (the "County") and LBFH, Inc. (the "Engineer") dated March 14,2000, which was previously amended as Amendment No.1 to Work Authorization No.9 (COO-03-234), dated March 26,2001, Engineer hereby agrees to provide additional professional Engineering Services under the terms and conditions set forth in Exhibit· A", attached hereto and made a part of this Amendment No.2 to Work Authorization No.9. Except as amended herein, the remaining terms and conditions of Work Authorization No.9, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the County and the Engineer have executed this Work Authorization Amendment No.2, effective this_ day of , 2003. ATTEST: ST. LUCIE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: lidjk~ rv¡}¿.lwtfr :De.\'c.·C\.-~ e. AJAd.,owSL LBFH.~. . fJ? By: ~d Print Name: 0rfJ77 I), [;¿k¿I:7L Title: V I {¡¿ P'iœ::'ì.tJ£-/V7 G: \A TTY\AGREEMNT\ WORK_A UT\lbfh,Grey T wigLaneM5 8 U ,wpd " I!:?£I1 \.-- ...,¡ EXHIBIT "A" Amendment No.2 Revised Water Main Location POTABLE WATER MSBU FOR GRAY TWIG LANE SECTION 1- SCOPE OF SERVICES Phase 22ffask 220: Revise Construction Drawings · Revise plan sheets for the project in AutoCAD format. · Revise design plan and detail sheets for utility extensions from the Existing wa¡er main wIthin the South 25th Street right-of-way (Hawley Road). · Detail revised water main design with horizontal and vertical control, fittings configuration, restraining length, valve locations, etc. · Work with existing utility owner along South 25th Street, as necessary, to determine and detail the best procedures to facilitate new construction connection to existing water mains. · Determine specific utility design quantities and engineering estimate of probable construction costs. · Review design drawings with OWNER and utility, and incorporate revisions. SECTION 2 - DELIVERABLES · Two sets of revised design drawings will be submitted to S1. Lucie County for review. SECTION 3 - SCHEDULE · The final design shall be provided and ready to bid within 45 days of receipt of a Purchase Order from St. Lucie County. The actual bid date may be adjusted based on receipt of permits from FDEP and SLC. PJD0-0245\Pmpo$al\Amended GTay Twig Lane AFS.doc EXHIBIT "A tj Page 2 of 3 .~ Ib~'" \-t 1:;11!c -.I SECTION 4 - METHOD AND AMOUNT OF COMPENSATION Compensation for this work will be in accordance with the following Phase breakdown: Payment Phase Method Amount 22: Revise Construction Drawings LS $3.400 $3.400 P;\OO·0245\Pro(Xl~~ndoo Gray Twig Ume AFS.doc Page 3 of 3 · ---------- .... '-' "" ITEM NO. c- 3d DATE: July 22, 2003 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Accept the project; release the retainage in the amount of $15,572.50; and make Final Payment in the amount of $15,572,50 to Sheltra & Son Construction, Inc. for the Camino Court Culvert Replacement & Canal Restoration Improvement Project. The project has been completed in accordance to the plans and specifications. BACKGROUND: The project resulted in the removal of a failed corrugated metal culvert pipe and resulting sediment build-up within the waterway restoring the drainage way to its original channel depth and installing a new reinforced concrete culvert pipe. FUNDS AVAILABLE: Funds are available in Fund No, 101003-41131-563000-430027 Transportation Trust I Local Option Culverts. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board accept the project; release the retainage in the amount of $15,572.50; and make Final Payment to the Contractor, Sheltra & Son Construction, Inc., in the amount of$15,572.50 for the Camino Court Culvert Replacement & Canal Restoration provement Project. ~ APPROVED [ ¡' OTHER [ ] DENIED COMMISSION ACTION: Approved (5-0) [x] Caunty Attorney [x) Project Manager [x) Road & Bridge ')~ ~/J.JI'-\ ~ [x] Mgt & Budget j,t.L) ~ [x] Originating Dept Public Works ~. r [x] Engr. Dept Rev. Coor_' B [xl Purchasing Dept . >" [ ] ERD (Check for copy only, if applicable) v- OJ ~ ¡-~ l~rŒ Iii flU w T(fli DIVISION OF EN GIN' . ~ ThG'-;;Y! U''i¡) /-", "., MEMORANDUM ...¡ ... .. ~.-_---_.---. 03-203 cc:c.. -~- - :»~ TO: Dan McIntyre, County Attorney DATE: Mike Powley, County Engineer ~\)~~ June 11, 2003 fROM: SUBJECT: Camino Court Culvert & Canal Restoration On April 1, 2003, the Board awarded Sheltra & Son Construction Co., Inc. a contract in the amount of $155,725.00 for the Camino Court Culvert & Canal Restoration project. Please approve the attached releases of lien for correctness. If we can be of any assistance, please call Craig Hauschild, Senior Projects Engineer, at extension 1707. Bam fD)Œ@ŒDWŒ1ñì UO Jll' 5 2003 U!J Attachments (2) cc: Don West, Public Works Director Maria Formoso, Capital Projects Engineer <:;raig Hauschild, Senior Projects Engineer ENGINEERING , <\\~~ ~@" -... ~ APPLICA~T0N FOR ~ AND FINAL PA~T PROJECT NAME: ENGINEER'S PROJECT NO.: OWNER: CONTRACTOR: 5 We Lï ItA t S" J Co ~~ 'T' ~.. APPLICATION AMOUNT: IS-; S"ì 1. .-- FOR PERIOD ENDING: 5/31[ o;:¡ I CONTRACT DATE: APPLICATION DATE: l.ø ¡ ~ [6:1 INITIAL CONTRACT AMT, BASED ON EST. QUANTITIES $ TABUI,ATION OF AMOUNT D!lF. THI ¡:¡ APPLICATION ORIGINAL CONTRACT AMOUNT COMPLETED TO DATE (See Attached "Estimate of completed work") CHANGE ORDER NO. _____@_____% COMPLETE (+) CHANGE ORDER NO. _____@_____% COMPLETE (+) CHANGE ORDER NO. _____@_____% COMPLETE (+) CHANGE ORDER NO. _____@_____% COMPLETE (+) PREVIor¡¡:¡ PAYMENTS, H $ t2 $ ~3 $ H $ TOTAL $ TOTAL WORK TO DATE (+) LESS PREVIOUS PAY. (-) SUB-TOTAL LESS FAILED LAB. TESTS AS APPLIED FOR AS APPROVED BY CONTRACTOR BY ENGINEER $ SS"¿ ï 2..r ~ $ ISS,ìZS, .. $ $ $ $ $ $ $ $ $ I ~~ 1'2.r~ $ 155,7%5,·' $ ''''1>, I ,,1- ~" $ I~O, liZ. s. $ l'S' >12.. 5'"0 $-1.h 572., s. . (-) $ -0- AMOUNT DUE'FINAL PAYMENT, EXCEPT FOR ANY LIQUIDATED DAMAGES ASSESSED BY BOARD $ /S,S7Z,S. CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that all obligations incurred by the Contractor under this Contract to date have been discharged in full; that no suits are pending in connection with the work under the Contract; that the Contractor agrees to the total final price of $ I ~~ 12. r. \) () and final payment of $ 1 5"/ )71.. r<.J as full settlement of his account under the Contract and of all claims in connection therewith. :~"'ë)0R~ ~ -r~ So" C." ,T. TITLE M ~ ~.. O¡t COUNTY OF rY)ÞtN:jt"\ STATE OF FI'Orl~ .~ I T Be~ me, .j:.M"s _.......I ro day of _ \,)ne- , ~~~ personally appeared-~/tc.K~~~~~~' , knoyn to me, who being duly sworn, did depose and say that he is the YYrJIV),~.u (Office) of the Contractor above mentioned; that he p epared attached application for payment and executed above affidavit on behalf of said Contractor; and that all of the statements contained therein e true, corre~iandCOmp1()e.(; A¡y..ACam'o,t ~ MY eOMMISSIOIU eelO9615 x.o s c: ~_ I-Iy commission expires: Moy2~2004 ~. IONDfDIHIIU"OYFANIHSU~HCf.IHç., Notary ubl ic TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA The attached application for payment by the Contractor has been reviewed by the Engineer, The Engineer hereby approves final payment under this application in the amount of $ , less liquidated damages assessed by Board, WITH~CTUAL PAYMENT SUB.TECT TO CONTRACTOR' S SIGNrNG ABOVE AFFIDAVIT, ~_~'It~ (\tJ~~. ST. LUCIE .COUNTY ENGINEERING DEPARTMENT APPROVED BY Michael V. Powley. p.~. County Engineer DATE: Contract Time Began: Substantial cl~mpletion on: Actual Constr~ction Time: Contract Construction Time: Rainy Days Allowance: ~ther Overrun Allowances: Net Overrun: Cal. Cal. Cal. Cal. Cal. Days Days Days Days Days :c: Finance Officer lJonaJ.Q l). Wt!~t;., r..c.. Public Works Director CHECKED'BY PREPARED BY~' ~ ,K,..(// 6,/10/43 St. Lucie County Eng. Depart. '. ... o Q) '0 ~ a.. c o :;:; fa ~ o ... I/ Q) a:: fa c fa U oð ... c Q) E <3 Q) c: o fa ë.ó ~O t"""; Q) en > c: - 0 ::10 U c: "" tog 5 (f) ('oj u oð ~ o ctS '§. .S ~ o:t E Q) M fa~ C\ U(f)~ CD CD u e 5 a. Õ .9 1:3 ~ Q) Q) ë .~ 12' 0 õ a. Ü z "" "" o M o cb o iû ti 3 mõ-c C I- ... .. ~ -; .. ii 'iii ~ e Ceo Ü::JU "" 9 è5 .;, o ¡,; 10 ! 3 o ~ d: ¡¡; . . -; ~1!~ ~ 58 ;¡ B Õ'I: I- ... 8 8 8 8 8 8 8 8 8 8 8 8 8 8 § § § ~ § ~ § § § § ~ ~ ~ ~ ó.,¡.s .;~. «? c£ ri aj uí' ¢J- tt:J- ftJ-l!f 'l:-ø..... ...........øvt.......... ... 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C-3E DATE: July 22, 2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Request for a Public Hearing on Brown Ranch Mine Permit Application (Modification). The permittee is requesting a major modification in increasing the Phase II pit by approximately 77 acres. The permittee is requesting to schedule a public hearing for August 19, 2003 or soon there after. This public hearing will be in conjuction with Community Development. The August 19, 2003 Board meeting will begin at 6:00 P.M. BACKGROUND: The Brown Ranch Mine is located in northern St. Lucie County (S17, 18, 19 & 20fT34S/R39E) just west of 1-95 and south of Indrio Road. The existing 20-year permit was approved on November 5, 1996 and included two 40-acre pits totaling 80 acres. A minor modification was previously done on October 28, 1998 that did not require Board action. This increased the Phase I pit and decreased the Phase II pit but kept the total of 80 acres. FUNDS AVAILABLE: N/A PREVIOUS ACTION: November 5, 1996: Board approved a Class II Permit for a period of twenty years. November 26, 2002: Board approved a request for a public hearing on January 7, 2003. December 17, 2002: Board approved a request to reschedule public hearing for January 21,2003. March 4,2003: Board approved a request to reschedule.a public hearing for April 22, 2003. RECOMMENDATION: . Staff recommends Board approval for a public hearing date of August 19, 2003 or soon there after to consider the application of the Brown Ranch Mine for a ma' r modification to their mining permit. COMMISSION ACTION: _~ APPROVED r ] DENIED [ ] OTHER Approved (5-0) ¡,¡ 0""0"'" D.". Po'" Wo.. ~. ~. [x] Community Development~ '- - --- [x] County Attorney »OJ h [x] Env. Res_ Div. . (Check for copy oniy, if appilcable [ ] Mgt. & Budget [ ] Budget & Rev. Coar. '~/" "'" t;~ ~) .' . 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J L1.. rt- r-ïI -. ::'"' L.J! -.:....:' ; , ~..!;" _ ~-1j '7;::="¡-~.¡~ ~t- Hi f-i-~-I;-~-H- '-- . .. '--"-00_..-.. _..~.. t=-.~.. .. 5 .-J'-~ '-ï~ ~ ~.....-#~ ~'~~_1I ~-t--t'µ- 1"-'-" 0 -_______ _____ lIS . é2S _f r Î : :J 1-._ : -iJ :: 1-.---_ --- J.. --:j: .. . - , I . 1 ,._"': "-,. ~~ ~ . ---_h___ >-.._.. }. Appl1conl:: ÄL nïblON ::JroJecl:: ~Tb.JI\I'\" 'NC\\J~~I£:<; (OO\JINA "ROC\;M,,.¡r- I'/ol:er Bods; rr. ?,..P,c:¡; FARMS f)~""'NMF "'~~TH-\ :::~I:y: ~ I \!C')Ç'. tC\I.)"T'f Jo!:.un; N,E, \J D. 1'17'" Pu-pose: ]TEt4 >I- ~I ~_ ? OrlQlnoJ Work C8J Sheel: No.: ool:e: 11 \ AN "It. lO<'A\\t'>N. MI\P Meln!:.en :"Itlce: 0 of '-' ....,¡ ITEM NO. C-3f DATE: July 22,2003 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) , P.E. SUBJECT: Work Authorization No. 9 to the continuing engineering services agreement with Kimley-Horn and Associates, Inc. to provide design services for the construction of a sidewalk along the north side of Juanita Avenue from East 21 st Street to US 1. The scope of work is to collect survey data, prepare construction drawings and prepare and submit permit applications. BACKGROUND: St Lucie County recently constructed a sidewalk along the north side of Juanita Avenue from 25th Street to the East 21st Street Currently, Kimley-Horn and Associates, Inc is producing plans for the replacement of the Juanita Avenue Bridge over Taylor Creek. These plans call for a raised sidewalk to be constructed along the north side of the bridge. The design service requested, to be rendered underWork Authorization No.9, would provide construction plans for a sidewalk that would tie East 21 st Street to U.S. 1. FUNDS AVAILABLE: Funds will be made available in Fund NO.1 01 003-4113-563003-4700 in the amount of $7,480 and Fund NO.1 01 003-4113-563005-4700 in the amount of $21 ,866 Transportation Trust - Local Option. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board approve Work Authorization No.9 with Kimley-Horn and Associates, Inc. to provide design services for the construction of a sidewalk along the north side of Juanita Avenue from East 21st Street to U.S. 1, in the amount of $29,346, and auth e the Chairman to sign. ~.APPROVED [ ] OTHER [ ] DENIED COMMISSION ACTION: Approved (5-0) [x] County Attorney [x] Project. Manager [x] Road & Bridge '1~ A... OJh I1hl ~ [x] Mgt. & Budget U.tJ fYì ~ [x] Originating Dept. Public Works ~. [x] Engr. Dept. Rev. Coor. 6f\ t\ Ix] Purchasing Dept. ~! I .] ERD (Check for copy only, if applicable) '-' ,..." WORK AUTHORIZATION NO.9 Engineering Services Roadway and Intersection Design COO-10-112 Juanita Avenue Sidewalk Project Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Kimley-Hom and Associates, Inc. (the "Engineer") dated October 1, 2000, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be comþleted according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or th3:r names, or name, on the dates below. A TIEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY A TIORNEY ENGINEER By:--fiÆ .,/\. rI).tL , Print Name:-SJ€.fF 15. ,t'\4l.U~ Kimley-Hom and Associates, Inc. Date: "/17}O '3. \w ~ fD)Œ@Œ~WŒ Uù MAY' 9 2003 ~=~ Kimley-Horn and Associates, Inc. ENGINEERING f'''' n¡ @¡ May 16, 2003 Craig Hauschild, P.E. St. Lucie County Public Works Department 2300 Virginia Avenue 2nd Floor Annex, Room 229 Fort Pierce, Florida 34982-5652 Re: Juanita Avenue Sidewalk Project (Revised) Dear Mr. Hauschild: As requested, we have developed a scope and fee proposal for engineering services associated with preparing construction plans for the construction of a sidewalk along Juanita Avenue ftom East 21s1 Street to US 1. This scope of work is to collect survey data, prepare construction drawings and prepare and submit pennit applications. The scope of services, fee, and schedule for this work order are provided in the attached Exhibits "A" through "C". We appreciate this opportunity to work with St. Lucie County and look forward to continuing to be a part of your program. Should you have any questions, please feel ftee to contact me at 772/794-4058. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Œo ~1~1EJé. Associate cc: Michael Powley Tom Yonge . Suite 400 601 21st Street Vero Beach, Flonda 32960 K:\PROPOSAL IKHA Istlucí29 _doc . TEL 772 562 7981 FAX 772 562 9689 \. ...",¡ Exhibit A Scope of Services Task 1 - Survey We will collect survey data of existing conditions from 100 feet west of the Juanita Ave. / E. 2151 Street intersection to US 1. It will include: . · Establish horiwntal and vertical control in the area. · Establish existing Right of Way. · Tie to previous Juanita Bridge survey. · Cross-sections at one hundred feet intervals along the north side of the roadway. · Obtain elevations for 50 feet north on the side streets north of Juanita Avenue. · Prepare topographic survey of project area along the north side to include existing ditch line, side drain invert elevations and driveway locations. This infonnation will be compiled into a base map for use in the design. Task 2 - Sidewalk & Drainage Design The design will incorporate the following: · Develop a plan for connecting the existing sidewalk which tenninates at E. 2151 Street to US 1 including addressing the Juanita Bridge crossing and any transitions necessary for continuity. The approximate length is 3400 feet. i · Conduct a drainage analysis for the impact of the sidewalk to the existing drainage system and swale, to include identifying historical drainage patterns and addressing flow impedance. · Prepare plan sheets depicting the irnprovements to include approach to the driveways and other existing conditions along the roadway. · Working cross sections will be prepared to depict existing conditions and proposed improvements. These sections will be for design only and not included in the plan set. '- '....,¡ · We will contact the local utility providers for existing utility locations. Upon receipt of the location infonnation the utilities will be drawn onto plan sheets and in the cross sections. · Plans will be produced in English units at a I "=20' scale on 24" x 36" sheets. · Plans will be submitted to 81. Lucie County for review and comment at the 30%. 60%, 90% and 100% stages of design. · The proposed improvements and proposed intent will be incorporated into the 8FWMD Pennit application. · A reproducible set of my lars, two sets of plans, a copy of the electronic files (in AutoCAD fonnat) and a copy of the bid documents will be delivered to the County upon 100% cornpletion of the design. '- Exhibit B Compensation '...I We will provide the services described in Task I through 2 for a lump sum amount of$29,346 inclusive of expenses. For informational purposes a breakdown of the individual tasks afe provided below. . 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OJ '" roD:: :2: E(;" ð õ E c: I'g¡. -§9 Ü e cn<c a a. þ 'S; ti « ..,¿ OJ 0> '" a. ~ '-' ...., AGENDA REQUEST ITEM NO: C4A DATE: July 22, 2003 REGULAR ] PUBLIC HEARING ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF SAINT LUCIE COUNTY AND SAINT LUCIE COUNTY FOR THE OPERATIONS/USE OF SOUTH COUNTY REGIONAL STADIUM BACKGROUND: The School Board and Saint Lucie County agree to use South County Stadium for all football and soccer events scheduled by the high schools as home field. Both parties recognize the need to coordinate their efforts in operating the Stadium in order to prevent duplication of services. This agenda requests the Board's approval of the interlocal operations agreement as drafted by the County Attorney, and further authorize the Chairman to sign. FUNDS ARE AVAILABLE IN: N/A RECOMMENDATION: Staff recommends that the BOCC approve the South County Stadium Interlocal as drafted by the County Attorney and authorize the Chairman to sign. [X.J [" ] APPROVED OTHER: DENIED g s M. Anderson u ty Administrator COMMISSION ACTION: Approved (5-0) Review and Approvals County Attorney:~ ð.fVi originating DePt.~ Management ~ Budget Purchasing: Other: Finance: , . \w ...." OPERATIONS INTERLOCAL FOR SOUTH COUNTY REGIONAL STADIUM THIS AGREEMENT made and entered into this day of , 2003, between the SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA, hereinafter referred to as the" School Board" and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County". WHEREAS, the County currently owns, operates and maintains South County Regional Stadium complex (" Stadium"); and, WHEREAS, the School Board has primary use of the Stadium for all football and soccer events scheduled by the high schools using the Stadium as home field; and, WHEREAS, both the School Board and the County recognize the need to cooperate in the operation of the Stadium and thereby prevent unwarranted duplication of services; and, WHEREAS, both the School Board and the County mutually agree that residents of the County should have additional access to the Stadium for recreational opportunities. IN CONSIDERATION OF THE MUTUAL BENEFITS received by each party, the parties hereto mutually agree as follows: 1. COUNTY RESPONSIBILITIES. Effective ,and for the term of this Agreement, including any renewal or extension, the County agrees to maintain the Stadium, including maintaining, operating, supervising, and programming the Stadium in accordance with standards established by the Florida High School Activities Association (FHSAA). Specifically, the County shall: a. Have exclusive operation of all concession stands for all events when economically feasible as determined by the County; b. Pay all Florida High School Activities Association event percentages due from playoff and tournament games or events such as football classics; c. Establish ticket prices and stadium rental fees for non-School Board events: g:\atty\agreemnt\interloc\School Board-So Ca Stadium -1- ~ "'-" d. Provide all concession workers, ticket sellers and takers, and gate personnel related to Stadium events, and supervise supplemental Stadium staff provided by the School Board in accordance with paragraph 2 of this Agreement; e. Line fields for all events; f. Provide site maintenance for all events; g. Maintain playing field, lights, restroom facilities including all cleaning, upkeep, and minor repair$; h. Pay all utility and garbage collection charges and expenses of the Stadium; I. Provide priority scheduling for all School Board-related events; j. Host events held or sponsored by public schools in St. Lucie County at no expense to the School Board in accordance with the Stadium operating procedures for public school events set forth in the attached Exhibit' A"; -- C~\t. - k. ,~e the so Ie seller of advertising space at the Stad i um except as fo Ilows: ~\r~ t(~ '..::::.: it! A lIow for school sponsored advertising on a game-by-game basis. \,h);. Advertising setup will begin no sooner than one hour prior to game time and must be removed no later than one hour after the game ends. 2. SCHOOL BOARD RESPONSIBILITIES. The School Board agrees to: a. Provide and supervise Stadium security staff and emergency medical services for all events sponsored by the School Board; b. Pay all Florida High School Activities Association sanction officials for any athletic event sponsored by the School Board; c. Retain priority scheduling for all School Board-related events and advise public schools to submit schedules for events to the County at least three months in advance of the events; d. Provide all press box, scoreboard, and event-related staffing (e.g., g:\atty\agreemnt\interloc\School Baard-So Co Stadium. -2- ....... ...." timekeepers, judges, referees, chain crew, spotters, stadium announcer, etc.) for all events sponsored by the School Board. e. Provide, at School Board expense, such supplemental Stadium staff as the School Board shall determine appropriate for events sponsored by the School Board, which staff shall work under the direction, supervision. and control of the County; and f. Follow the Stadium operating procedures for public school events set forth in the attached Exhibit "A" when sponsoring events at the Stadium: g. Host school must provide an administrator to be responsible for assisting site management on situations dealing with injury, crowd control, possible gate problems, and any other situation related to games management; " 3. OPERATING FUNDING. The School Board and the County agree that the County shall retain all revenue collected from gate concessions, advertising. rentals, and novelties sales (except novelty sales conducted by public schools as permitted in the Stadium operating procedures for public school events set forth in Exhibit· A") except as follows: a. For Florida High School Activities Association Sanctioned events, i.e., post season play-off games, pre-season classics, spring football games, soccer, track, the School Board and the County will equally split gate revenues AFTER expenses - (50'Yo to Parks & Recreation- 50% to Host School). 4. TERM. This Agreement shall be in effect on and shall remain in effect through , unless renewed or extended by written agreement of the parties. 5. TERMINATION. Either party may terminate this Agreement without cause upon sixty days (60) days written notice to the other. 6. NO DISCRIMINATION. Both parties to this, Agreement agree not to discriminate against any person on the basis of race, religion, national origin, ancestry, disability, age, sex, or marital status in the operation of the Stadium pursuant to this Agreement. 7. COMPLETE UNDERSTANDING. This Agreement contains the complete understanding of the parties, notwithstanding any previously written or oral understandings between the parties on the same subject. g:\atty\agreemnt\interloc\School Board-So Co Stadium -3- '- ..." 8. NOTICES. Any notice, payment, or communication required or permitted to be given by any provision of this Agreement shall be in writing and shall be deemed to have been delivered and given for all purposes, whether or not the same is actually received, if sent by registered or certified mail, postage and charges prepaid, and addressed to the parties at the following addresses: As to School Board: With copy to: Superintendent of Schools 2909 Delaware Avenue Fort Pierce, Florida 34947 School Board Attorney 2909 Delaware Avenue Fort Pierce, Florida 34947 As to County: With copy to: St. Lucie County Administrator 2300 Virginia Avenue Fort Peirce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 or to such address other address as the parties may from time to time specify in writing. Any such notice may at any time be waived by the person entitled to receipt of such notice. 9. AMENDMENTS. No amendment, modification, or waiver of this Agreement, or any part hereof, shall be valid or effective unless in writing and signed, and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other condition or subsequent breach whether of a like or different nature. 10. FURTHER DOCUMENTS. The parties agree to execute and deliver such further instrument and do such further acts and things as may be necessary or desirable to carry out the purposes of this Agreement. 11. SECTION CAPTIONS. Sections and other captions contained in this Agreement are for reference purposes only and are in no way intenqed to describe, interpret, define or limit the scope, extent, or intent of this Agreement or any provision hereof. 12. SEVERABILITY. Each provision of the Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not effect the validity of the remainder of this Agreement. 13. GOVERNING LAW. This Agreement and the rights of the parties shall be governed by and construed in accordance with the laws of the State of Florida. g:\atty\agreemnt\interloc\Schoal Board-So Co Stadium -4- ,.., .."" 14. INDEMNITY: INSURANCE. Subject to the provisions of Section 768.28, Florida Statutes, each party agrees to indemnify and hold harmless the other party for injuries or damages suffered as the result of negligent performance of the responsibilities outlined in this Agreement. Each party shall be responsible for determining whether to procure and maintain property/casualty insurance coverage on equipment and improvements owned by that party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under their official seals this day of ' 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: By: Deputy Clerk Cliff Barnes, Chairman Print Name: APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney By: /" By: '/ /School Board Attorney ::ïi;jJ¿! William H. ogel, Superintendent and Ex Officio Secretary SCHOOL BOARD OF S FLORIDA g:\atty\agreemnt\interloc\Schoal Board-So Co Stadium -5- · - \w ..., EXHIBIT "A" SOUTH COUNTY REGIONAL STADIUM OPERATING PROCEDURES FOR PUBLIC SCHOOL EVENTS GENERAL ACCESS: The County still staff the Stadium to provide user access as follows: Facility access provided (for concessions, novelty sates, box office staff, pass gate) two hours prior to scheduled game or event. Gates open to the public for teams and officials one hour prior to scheduled games or event. Stadium closes 30 minutes after end of scheduled game or event; load out of all service functions and arrival of cleaning crew. Stadium secured one hour after end of scheduled game or event unless a later time is determined to be required by Stadium security staff. Requests to adjust times should be addressed to the Recreation Coordinator. PASS GATE (Field Access): Access through the pass gate (on day of game) will be limited to the teams (in uniform), coaches, and staff (in uniform or with passes), cheerleaders (in uniform), and officials (in uniform). St. Lucie County Parks & Recreation will provide Host School and Visiting School with 15 complimentary passes each, for each game played at the Stadium. Band members in uniform will be directed to the appropriate gate entrances. All schools will submit a pass gate list prior to each event. The pass gate will op.en two hours prior to the scheduled game or event. No unattended minors will be permitted on the field. PRESS BOX: Access to the press box will be limited to the announcer, scorekeeper, filming crew and game coaches and staff. These individuals are to be named on the pass gate list. Media or special taping requests are to be forwarded with the pass gate list. The top of the press box will be reserved for Stadium security staff. g:\atty\agreemnt\interlac\School Board-So Co Stadium -6- 'ho .., LOCKER ROOM: (when built) A key will be issued to each team at the time of entrance. Each team shall be responsible for controlling access to its respective locker room and for securing the locker room while on the field. The key is to be returned at the end of the game to the management staff. TICKET WINDOW: Ticket sales are the responsibility of the County. GENERAL: Field Crossing. Field crossing by unauthorized individuals is not allowed and will be prohibited by uniformed Stadium security staff. Vehicles. No vehicles will be authorized to park in other than designated areas. Vehicles used for loading/unloading must be moved from the Stadium site one~ half hour prior to gates opening. Vehicles that are not parked appropriately may be subject to ticketing or towing. Admittance/Expulsion. The County or the School Board may admit or expel any individual from the Stadium when requested by uniformed Stadium security staff. TICKET SALES AND DISTRIBUTION: All schools will be permitted to sell and distribute tickets for one week prior to a Stadium event, excluding playoffs. St. Lucie County will provide tickets to the Host School for sale. Ticket prices for public school events during .the term of this Agreement shall be as follows: Varsity Football (Pre-sold student ticket) $5.00 $3.00 Junior Varsity Football $2.00 Freshman Football $2.00 g:\C1tty\C1greemnt\interlac\School Boord-So Co Stadium -7- '- ....,. Soccer $2.00 Track & Field $2.00 Other To be established by mutual agreement of the County and the School Board All patrons must have a ticket to enter the Stadium. The only passes honored for admission are as follows: . The County will provide the Host School and the Visiting School with 15 complimentary passes. The Host School will distribute these passes after receiving them from the County. · Faculty and staff (two persons per pass) · There will be no reduced price for ticket sales for all FHSAA sanctioned events. · Florida High School Activities Association (one person pass) · Florida Athletic Coaches Association (one person per pass) · Gold pass/senior citizen (one person per pass) The Stadium capacity is 6,000 persons, including members of the FHSAA or any other association with access privileges. Capacity for the Stadium will not be exceeded for any reason. The County reserves the right to stop ticket sales if it is determined that Stadium capacity has been reached or is about to be reached. If it is determined that a school has oversold or overestimated patrons, the County will retain control of ticket distribution for future events of that school. The cost associated with providing such service shall be charged to that respective school. g:\QttY\Qgreemnt\interloc\Schaol Board-Sa Co Stadium -8- AGENDA REQUEST # 'wI1 ..."" ITEM NO: C4B DATE: July 22, 2003 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: INTERLOCAL AGREEMENT BETWEEN SAINT LUCIE COUNTY AND SAINT LUCIE WEST SERVICES DISTRICT BACKGROUND: On June 3, 2003, the Board of County Commissioners approved Agenda C3A, authorizing the transfer of the necessary funds to cover the irrigation project at Thomas J. White Stadium. Saint Lucie West Services District has already agreed with the terms of the agreement. This agenda requests the Board's approval of the interlocal agreement as drafted by the County Attorney, and further authorize the Chairman to sign. PREVIOUS ACTION: N/A FUNDS ARE AVAILABLE IN: N/A RECOMMENDATION: Staff recommends that the BOCC approve the inter local agreement as drafted by the County Attorney and authorize the Chairman to sign. ['I.] [ i APPROVED OTHER: DENIED E: COMMISSION ACTION: Approved (5-0) Dou 1 s M. Anderson County Administrator Review and Approvals """"y mo~Y,~ Originating Dept . Management & Budget Purchasing: Other: Finance: , .... ,~ .....ì 'WI' AGENDA REQUEST ITEM NO: C3A DATE: 6-03-03 REGULAR [ ] PUBLIC HEARING [ ] }, CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh THOMAS J. WHITE STADIUM IRRIGATION CHEMICAL TREATMENT AND APPROVAL OF BUDGET AMENDMENT BA03-1S1 SUBJECT: BACKGROUND: As a result of the yearly vegetation growth in the irrigation water supply pond at the Stadium, an annual treatment will be needed to thwart plant growth. The initial treatment will take approximately three months, thereafter it will be ape month. Consequently, a temporary water source to irrigat~ the fields during that time is necessary for proper maintenance. Staff considered using Systematic Services, Inc., to bring water from the pond (500 feet from the pump), and concluded that the high cost, coupled with ,the inability to reg,.llate water flow practically eliminated that option. Staff proposes a long-term solution to tie into the water main from'-'Saint Lucie West Service District, this hook-up would supply us the irri~tion needed during the annual chemical treatments. The initial cost t.o tie into the line is $18,884.00, which includes $2,250.00 for onèlnonthly water bill. Staff request authorization to use the fund in the Sports Complex' reserves. FUNDS WILL BE MADE A~ILABLE IN: 461-75201-563000-700 (Improvements OfT Bldgs - Sports Complex) 461-75201~543000-700 (utilities - Sports Complex) RECOMMENDATION: Staff recommends approval to use $18,884.00 from the reserves to fund the project of tying into the Saint Lucie West Water District line, and approval of Budget Amendment 03-151. COMMISSION ACTION: ( X] ( ] APPROVED DENIED OTHER: 4-0 Comm. Hutchinson absent as M. Anderson ty Administrator k County Attorney. ~ Originating DePt.~ Review and ADDrovals --"' · _'~A- 11)1::; "",.......,# Human Resources. Finance, ~;;~-':~~ \.; AGENDA REQUEST '~ ITEM NO. c...SA INVESTMENT FOR THE FUTRURE DATE: July 22,2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] TO: ~OARD OF COUNTY COMMISSIONERS DIRECTOR . '. , _ SUBMITTED BY(DEPT): \CENTRAL SERVIÇES SUBJECT: SUMMIT CONSTRUCTION MANAGEMENT, INC: PRESENTED BY: ROGER SHINN FINAL PAYMENT RELEASE OF RETAINAGE BACKGROUND: On September 10, 2003 the Board of County Commissioners approved entering into contract #C02-09-630 y¡ith Summit Construction Management for the construction of the South County Stadium Restrooms/Cohcession Building. This project is now complete and has been inspected and approved by Project Manager, Don McLam. Each invoice received by the contractor reflects 10% retainage, as specified in the contract, until completion. Staff is requesting release of final payment and retainage in the amount of $120,492.00, (final payment of $83,535.10) and ($36,956.90 for retainage). FUNpS AVAIL: 316-7516-562000-795021310002-7516-562000-79502 001-7516-562000':79502(Bulldlngs) 316-0000-205100-795021310002-000-205100-79502 001-0000-205100-79502(Accounts Receivable/Retainage) , , PREVIOUS ACTION: The Board of County Commissioners approved Change Order #1, Contract #C02-09-630 with Summit Construction for the South County Stadium Restrooms/Concession Building. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the final payment of $120,492.00, (final payment of $83,535.10) al)d ($36,956.90 for retainage) to Summit Construction Man~gement for the completion of the South County Stadium Restrooms/Concesslon Building. Approved (5-0) Anderson County AdmInistrator ~_ngMgr.: 6// 0Iher: ~SION ACTION: IfIt APPROVED [] DENIED [ ] OTHER: County Attorney: ~ Originating Dept(. 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'" ~ r. .9 §~ ~~ - '" 8£ ~~ =:õ ~ U1 f_ 7..= - '~ Z <" ..,.;. c .. :<!(1 <1! o - -.f o - =~ - '" - 'C: ~I ~ " ;:. u:i ~ :) .~ ~ <,g · .~ ~'" _ c: =~ ~ 0 U -J 9 ~~ -0- · " ~ ~ ',_ C - '" ~~ ~5 ~g ;.:..;2: :<:æ =3' - '" . ;! - -, or Zx <= ~~ ~- " ~ t~ <~ · ž ~~ >-'" z iP :;;)z u o 0- z ~~ E' ~ Z <: - ~ .-- e"· ·~I ,r "~,, - .7 ~. ~ u -'_1 ~7wJbI~~I~~.;. .,'-" ~~I·. '. '\<, C'OU'NlTY . ,~ iF íl !O IR II ¡D fA , ) ITEM NO. C-5b DATE: July 22, 2003 AGENDA REQUEST "INVESTMENT FOR THE FUTURE" REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS -, SUBMITTED BY (DEPT.}':'·, ENGINEERING DIVISION (4115) \ ~ SUBJECT: Award Bid No. 03-066, Orange Avenue Canal, Starr Farms culvert replacement project. This project will replace the failing 132-inch ârched corrugated metal pipe with a 16-foot span by 10-foot rise precast concrete culvert system. . BACKGROUND: On June 30, 2003 bids were opened for the Orange Avenue Canal, Starr Farms culvert replacement project. There were 816 companies, notified, 17 sets of bid documents were distributèd and two (2) bids were received. The bids were checked using the unit prices thatwe~e provided. The lowest bid was submitted by Johnson-Davis, Inc. in the amount of $203,255. Due to the substantial differences in the two bids received, staff contacted Mr. Scott Johnson of Johnson-Davis, Inc. regarding his bid. Johnson-Davis, Inc. ,has indicated that the bid is valid and will be honored. Johnson-Davis, Inc. is among our best contractors. They have completed several jobs within St. Lucie County over the past few years. These projects include: Orange Avenue over C-24/ C-25 Canal, Sunrise Boulevard at Platts Creek, Sunrise Boulevarclat MerrittDitch, ànd Oleander Avenue at DiGiorgio Road culvert replacement projects. The scope of work required to complete the Orange Avenue Canal, Starr Farms culvert replac~ment project does not significantly differ from that required by any of these projects. FUNDS AVAILABLE: Funds are available in Orange Avenue Canal Stormwater Fund No. 102001-3725-563000-4257 Drainage Maintenance MSTU - Stormwater Management. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends ,award-of Bid No. 03-066, Orange Avenue Canal, Starr Farms culvert replacement project, to Johnson-Davis, Inc., the lowest bidder,il1 the amouñtof $203,255, establish the project budget as outlined In the attached memorandum and authorization for the Chairman to sign the cOntract as prepared by the County Attorney. " COMMISSION ACTION: "''''''''' _" ~OJ" Ix] Project Manager 1.ß Ix] Road & Bridge ßJ \¡.\- (" [JJ\PPRQVED [ ] OTHER [ ] DENIED Approved (5-0) ...... '-' DIVISION OF ENGINEERING MEMORANDUM 03-231 TO: Ed Parker, C.P.P.B. - Purchasing Director Via: Michael Powley, P.E. - C'Junty Engineer MVP Barbara Meinhardt - Department Revenue Coordinator~" Via: FROM: Craig Hauschild, P.E. - Senior Project Engineer' CAr Date: July 14, 2003 Subject: Orange Avenue Canal. Starr Farms (Culvert Replacement Project) ......~...._- ._---:= ..~-~~'';~=~~.~_.'..:' ~.:~ ----. ___,::::»>0 Engineering wishes to present the above referenced project to the Board of County Commissioners at the July 22, 2003 meeting. Providing it meets your approval we will prepare the Agenda, requesting award of the Orange Avenue Canal, Starr Farms culvert replacement project. The project entails the replacement of a failed 132-inch archel;i corrugated metal pipe with a 16-foot span'by lO-foot rise precast concrete cutvert system. Additionally, the Contractor will be responsible for regrading the construction area, installing erosion control protection devices, and reconstructing and paving the access road. On June 30, 2003 bids were opened for the Orange Avenue Canal, Starr Farms culvert replacement project. There were 816 companies notified, 17 sets of bid documents were distributed and two (2) bids were received. The bids were checked using the unit prices that were provided. Based on our review of the bids, we recommend award of the contract, to Johnson-Davis, Inc., the lowest bid, in the amount of $203,255. '-' Memorandum 03-231 Ed Parker, C.P.P.B. - Purchasing Director Award Bid No. 03-066 July 14, 2003 Page 2 of 2 ...., The fol/owing budget is established for the project: Construction Soil Testing Reserves TOTAL $ $ $ $ 203,255 6,000 20,325 229,580 Funds are available in Orange Avenue Canal Stormwater Fund No. 102001-3725- 563000-4257 Drainage Maintenance MSTU - Stormwater Management. attachments: Bid Tabulation Sheet Bid Summary Spreadsheet cc w/attachments: Don West, P.E. - Public Works Director Maria Formoso, P.E. - Capital Projects Engineer .' - I/ E ~ ra LL ~ ~ ra - en - (J ::::J I:: (J ~ (J 0)", I:: <;> ra c ~ :> o ~ Q) t5 15 Q) 0 .~ ~ Q.CI) c o I/) oð ~ ~ ~ ä; -g t5 ~ .. ~ Q C: o .. c .c ° -. ... 'e :E!G/ m ... 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COQ);;;(")o~g N M (") -q- to ~ ~ ~ ~ RRt:tè U'lU1LC)'l) N N or¡ ('t') .}) ~ ... OX> rh rh rh ..,.., .., 10 10 10 00 00 cd 00 ~~ ;;; ~ o o c::i N C") ..; CO C") 40It ,-~' ~t I,~·~· ' '. o o It') It) N M (:) N ~ I !~] ~ .. , , . . en 0::(0 W(O zo OM -0 en=l:t: ~~c z:!:m :J:!:. 0°1- oOw w>-w -"'J: OZ(/) :J:Jz ..J°O ¡..:o- (/)LLI- oj c:J o::m «« 01- m ..... . (/) :!: 0:: «- LLt; o::w 0::. <cO 1-0:: (/)a. ~I- ..Jz «w z:!: <cw 00 w« :J..J za. ww >0:: «I- we::: øw z> <c..J e::::J o~ :!: a. o o N @) e" Z e::: w w z - ø z w M o o N o~ M W Z :J . ~ a. c w z w a. o 0 0 c 0 0 - &Ö 0 m It) N W N M (/) . M~ -.:i « 0 (0 m N M ~ ~ 0 z ~ Ó 0 ¡..: (/) cj (/) Z 0:: Z ° 0 - 0 c en z z w :> 0 > « (/)..J c oð~ '..J ~~ Zu.. ° - (/)~ I-~ Ze:( ..Jz J:I- We:( o~ J:C ""')..J (/)~ ...,. <Ø .... N .... .... co ;. C W I- :J en .. c:: C I- W en ¡¡: is t= ~ .. 0 C Z Z w en w > !:!! :E jjj Z :J U U W e:( 0 0: a.. C :E en 0 C e E 0 U en en <> .: u.. u.. u.. co 0 0 0 u; " 0:: 0:: c:: <: co W W W E en en en <II ~ ~ ~ 1:1 .... :J :J ~ <II Z Z Z . ...,..,.- "wII AGENDA REQUEST ITEM NO. C-6a DATE: July 22,2003 REGULAR [ ] HEARING [ ] CONSENT[X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PURCHASING Edward Parker Purchasing Director SUBJECT: Award Bid #03-051 Landfill C&D Debris Processing Equipment/Facility. BACKGROUND: On June 25, 2003 bids were opened for Public Work Department, Solid Waste Division. Four hundred and thirty-eight (438) vendors were notified, eleven (11) sets of bid documents were distributed and two (2) bids were received. The apparent low bidder (CBI) has been declared non- responsive for not providing a fully functional processing equipment/system as specified. Lubo USA, Inc submitted the second lowest bid in the amount of $1 ,818,679. Staff recommends acceptance of Lubo USA Inc. bid, with the cost saving adjustment of (-$389,167.21) for a total of $1 ,429,511.79. FUNDS AVAIL: Project budgeted in Account #401-3410-562000-300 - Sanitary Landfill Building PREVIOUS ACTION: N/A RECOM.MENDATION: . Sta~ reco~mends the award of bid #03-051, to Lubo USA, Inc, the only responsIve and responsible bIdder, In the amount of $1,429,511.79, and authorization for the Chairman to sign the contract as prepared by the County Attorney. Approved (5-0) COMMISSION ACTION: ........... M APPROVED [] DENIED [ ] OTHER: Coordination/Signatures County Attorney:_X .~ Þv J.... ;'J"1- v Ii' Originating Dept M9t.&BUdgetX~~ Other: Purchasing Mgr.:_X cd-l Other: Finance: (Check for Copy only. if Applicable) G,\COMMON\ED\AGENDA 2003\07.22-03\C&DDEB.DOC f . Z Z Z CD c: c: c: ., s: s: s: c. CD OJ OJ OJ 3 m m m m ::0 ::0 ::0 ::> 0 0 0 c. (II "T1 "T1 "T1 íii OJ OJ (') ., t> c 6 0 0 VI C s: 3 "1J ::0 0 » m (') Z (') c: ffi m s: <: m VI m z z !=? -I 0 VI -I C ::¡; Vi ffi -I C ::0 .~ iXi c: -I m C .~ N .... .... '-' .þ. w co mo"s::::¡ »enenoen-l OJ- OOOOm Z);!OOOm orri e:<:;;tIOJS: O_:;;tIZ:;;tIs: Zs: ~~Çh;~ »:;;tI:j<rnz °z z~enz~ZO ~en 0 mZZen' »s:G)-_. z-. ZG)~o(".) -»"tIZZI\) ~-Im-:;;tI :;;tI r-G)G) en »Or-m ~~~ml(o e: e:r-m ~ Z_:;;tIZ "tI~"g~ O"tlm- »-0_ Z G)S:OZ ~O:;;tl~Q 0 mmr-G) :j~~~~~ ~m ZZ»1(o 1(0 m~-IS::;;tI ~~~:;;tIZ 3: ~en»m -I0:jo en~~rnG) 0 o:;;tlO-< ~:j~~~ OJ :;;tImzo r- . m - r- -10 zen ~ zz- mz»G)rri -oz zr-G) 3:en~m3: G)e:m -<~ 0 0 en e:- 00 -I _z z -e: m "tIO z_ š:: ..: r G):tJ 0 0 z :j z m z ~ ~ Z);! co mr- (".) (".) ~OJ -. (".) . èø Ì\) -1_ 0 00 . 0 .... 0 Ø) ~z š:: 0 c z» 0 0 J:~ Z ~ - z 0 ~ enr- ~ ~ -Ie: -. »OJ I\) ~ S:O .... cø .þ. "e: cø -. .... "0 Ø) èø Oen .... co -. :;;tI» .... .... (J O~ C C c 'Oz 0 0 0 -IÇ) ...." 0 "tI ç~ "tI ~ m I z· Z Or- m en "e: 0 0 -0 r-_ C r-m c.... 0 00 e: ~ 1(00 Z Oe: m en OZ I\) -I m-l ~(J m OJ-< I\) :;;tIG) 0 -r- 0 en» (".) "tIO @ :;;tIm Oen I\) 00 0 me: 0 en-l en. "tI -0 š:: z" G)" OJ m:;;tl 0 DO » e:» :;;tI =Co 0 š:: -10 m »"en Z OJo-l e: . :::! r-Or- " »e:e: » -IZO 0 --1- r- O-<m :::¡ zoO -< enOO J:š::e: mš::Z m--I -Ien-< .en OJO -Z Om ~:;;tI (".)en . 0 (J -. , '-w ....I PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION 03-073 MEMORANDUM ,....,.,"'~"...."~~'.,:..-"'"-::"".,."''"''.,,;.,,.:'\'-.'-''''".,.,.,,.,,.'·~"'·':'"'-;~,;/':>"f:~'-!;W_~0i,"..-.::-'''I.1''h·''.'~'¥"..·;:,·,,,,~.e~"t'~·;""",,,,'$'"·""":W"'·""'.1N'>"'."·"":;II;\~,,,,,,,,~:;;¡.,,,~,,-,,...=;,*~i.:",."">-,,,,,,,",'"""""""'II~,'Wr~""-':-""C_',,~~yJ1'''_.,,%'''I,,",,,,:W~ TO: Ed Parker, Purchasing Director Leo Cordeiro, Solid Waste Manager e; July 14, 2003 FROM: DATE: RE: Bid 03-051 Please take the necessary steps to award bid #03-051 to Lubo USA,LLC, in the adjusted amount of $1,429,511.79. Additionally, attached are the bid evaluation letter from CDM and the letter from Lubo USA,LLC. If you need any additional information, please feel free to contact me. ....... -::J if) E3 =: :-i ...... -"'..) r (..... (J ;:) = c:: ¡- -..;:- i"'"'7"l Ç') ,;..> ~ , - 1'1 J::: (/) ,m n <", "". 0 ::::¡: :~'::1 c:: ~ -F.= ""- .......¡ -< ::: j ~ July 7, 2003 S1. Lucie County Solid Waste Attn.: Mr. Leo Cordeiro Solid Waste Manager 6120 Glades Cutoff Road Fort Pierce, FL 34981 Dear Mr. Cordeiro: ...,¡ sa. The following cost savings measurements are recommended by the manufacturer Lubo for 81. Lucie County's consideration: - Remove mobile unit (including spare parts): - Remove spare parts package on system: - Remove truck loading system (use mirror) - Remove platform around cyclone: - Item 16: we had a little room here: - Item 17: change angle from 14 dgr, to 18 dgr: shorter: - Engineering: manuals for free: - Exchange rate advantage (variable): Total cost savings: Yours sincerely, LOBO USA, LLC. Erik H. Eeukema van Dijk Executive Vice President ($279,077.00) ($ 72,609.65) ($ 5,895.40) ($ 7,369.25) ($ 3,684.62) ($ 4,421.55) ($ 5,895.40) ($ 10,214.34) ------ -------- $ 389,167.21 Exclusive US and Canadian distributor af lUBO recycling equipment Main Office: lube USA, liC· 78 Halloween Blvd., Stamford, CT 06902. Tel: (203) 967-1140. Fax: (203) 967-1199 info@lubousa.com · www.lubousa.com Stamford, CT · Chicago, 11 · Torrance, CA · Miami, F1 . Houston, TX . Toronto, Ontario JUL-14-03 "TPU FRO~'Camp Dmnr , McKee Ino Vero '- CDIVI + ...,,¡ T -123 P OOl/OOT Hi! 1701 Hlghw~y A~1-A, $lljt~.3Oì Vcm BE!ac.h. Florida 329G3 "le',: 772 2.li-43Ol f.n;: ì72.2~1.4B2 July 14, 2003 VIA F ACSß1ILE Mr. Leo J. Cordeiro Solid WastE Manager St. Lude COUIIty 6120 Glades Cutoff Road Fort PÏerclô, FL 34981 Subject: Construction atld Demolition Debris Processmg Equipment/System St. Lucie County Bid Number 03-051 Evaluation of Bids DeiII Mr. Cordeiro: The Bid Operring for the Construction and Demolition (C&D) Debris Processing Facility was held on Wednesday, June 25 at 2;00 p.m.., at the St, Lucie County Purchasing Department A total of two (2) bids were received, Continental Biomass Ind'i.lStries, Inc. (CBI) of Newton, New Hampshire, and Lubo USA. LLC of Stamford, Connecticut After a careful evaluation of the bids, CBI was detennmed to be non-responsive for not providing a fully functional processing equipment/ system as specified in Section 13180, paragraph 1.06, page 13180-6, and Secbon 13210, paragraph 1.06, page 13210-5, of the contract forms and specifications. Therefore, the oruy respo:nsive bidder is Lubo USA, LLC of Stamford, Connecti~t. Lubo USA, LLC 5uppJied a bid security in the amount of 5'. of the Grand Total Base Bid. The bid for the project is valiå for a period of ninety (90) calendar days after the day of bid opening, and will expire on SeptemÞer 23, 2003. Lube USA, LLC acknowledged receipt of Addendum No.1, and provided t..1-te following iTúormation required by the bid documents: . Bid Form (Section 00300) · Bid Bond (Section (0410) and Power of Attorney (for Surety Bond) · Questiormafre (Section 00430) · Non<ollus.ive Affidavit (Section 00480) consultIng ·ençir.eerl(1g· CO"StruC:UCn oopC'rò)tîom mn12'l4 JUL-i4-03 '. -a~~ "" FRO~-Camp Dresser ¡ ~c~ea Inc Vera ~ ...,¡ T-m P003/00i F-n CDIVI Mr. Leo 1- Cordeiro July 14,2003 Page 2 . Authority to EXècute the Contract (Section 00485) . Financial Statement · C& D Debrj~ Screening and Recycling System Supplier Qualifications. CDM and the County visited several C&D Facilities, conducted various equipment research, reviewed customer appreciation aJ.1d satisfaction surveys, and contacted references. We have determined that Lubo USA, LLC is capable of carryJ1,.g out the obligations of the contract in a satisfactory and timely manner. Furthermore, value engineering and discussions witJ:\ Lubo USA, LLC and the County resulted i.n various cost saving and reduction items from the bid. These items included the removable mQbile UI'lit and various miscellaneous items as discussed in Lubo USA, LLC's letter dated July 7, 2003 (attached), In accordance with It@IIi 25 of Section 00100-7 of the Conn-act Doc;wnents, we recoaunend modificat:!on of the Contract Price to reflect the cost saving items. Accordingly, CDM recommends that the County award the Processing Equipment/System Contract to the responsible bidder, Lubo USA LLC of Stamford., C01'U'\ecticu.t in the an'\01.U'tt of $1,429,511.79 ($1,818,679,00 - $389,167.21) for the 5t. Lu.cie County Constru.ctioo and Demolition Debris Processing Equipment/System. If there are any questions regaxding the bids, Lu.bo USA, liC, or Qur bid evaluation Md recommendation of aw;ud, please do not hesitate to contact oW' office at (772) 231-4301. Very truly yours tf1~~ P.K PrÍI1CipiÙ Engineer Cam~ Dresser &: McKee fnc. File: 6277-38045-116 cc: Ron Roberts, 51£ mM274 '-" .....I ~,. AGENDA REQUEST ITEM NO. C-6b DATE: July 22,2003 REGULAR [ ] HEARING [ ] CONSENT[X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PURCHASING Edward Parker Purchasing Director SUBJECT: Award Bid #03-052 Landfill C&D Debris Grinder Equipment. BACKGROUND: On June 25, 2003 bids were opened for Public Work Department, Solid Waste Division. One thousand and two hundred (1200) vendors were notified, Twenty-six (26) sets of bid documents were distributed and two (2) bids were received, The lowest responsive and responsible bid was received from Continental Biomass Industries, Inc., for $622,616.80. Staff recommends acceptance of Continental B ¡om ass Industries bid, with the cost saving adjustment of (-$22,500) for a total of $600,116.80. FUNDS AVAIL: Project budgeted in Account #401-3410-562000-300 - Sanitary Landfill Building PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the award of bid #03-052, to Continental Biomass Industries, Inc, in the amount of $600, 116.80, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: - . ~ APPROVED [] DENIED [ ] OTHER: Àpproved (5-0) D Anderson County Administrator Coordination/Signatures County Attorney: (X) ')I<y ,¡,.., f} .lh i/ Originating Dept;... .,,, , '"dg" (X~ 111lX1 Other: Purchasing Mgr.:(X) Ri/f Other: Finance: (Check for Copy only, if Applicable) G'\COMMON\ED\AGENDA 2003\07-22-03\C&DDEB GRINDER.DOC . '-' * z z z (1) c c c ., 3: 3: :š: Q, D:J D:J to CD m m m 3 ;;c ;;C ::0 11.) 0 0 0 ::s Q, 'T1 'T1 'T1 CII D:J ~ (') - 11.) ë 0 ., c ¡, (J c :š: 0 ::0 0 ~ 3 m (') z (') c m m :š: < m (J m z z c -i 0 (J ::! c :!! Cñ m -i C ;;c . ~ ãi c -i m C . ~ I\) I\) 0) ...... I\) o o eñ-:Em z("') :::t:mm- mO m:I:(JS: ~z ::om-i"tJ to;e:!!r- 0-1 ::ODJm- z- ~z O;e'("') zm c- ~O~~ :::t:Z ~mO>m ~ .0" Z r- ~ffi m G) DJ (')0 Z Õ < >m m m zS: m š: Z ~r- ;e » 0 >-1 - m ° -0 z m ;e ..;... G) - m z 0 C t/) -I æ m 5'> - z ("') -En -En -I ....... m ° co I'\.) w.þ. _I'\.) þ! U) m r- ° ~ 0 s:n DJ ° co - 0 0 0 .."", ° "tJ r-m "tJ :æ: »-1 m I Z· Z Or- m t/) 'TIC 0 ° -("') r-- ., r:: r-m c... 0 ("')("') C ~ ~O z oc m t/) OZ I'\.) -I m~ (J' m DJe;) I'\.) ær- ° 0 t/)> w e;)0 (ê) ;em -t/) I'\.) Z("') DJ " °c g ° m-l ° ;e, "tJ mO ;e s: D'TI 0 c'TI Þ!o -;e DJ'TIm "tJ0 c("'):-t š:» >Or- ~O -Icc -I -z("') O~- z m m("')8 :I:°c mŠ:z mš:~ -l- It/) DJ~ -0 Oz ::a:t:m 0;e Cfm ° (J' I'\.) '-' 'WI 1 PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION 03-072 MEMORANDUM r@I."""""'h',~",,,-,,,,";,;.·,",,,."'-';N.'6-····'"""':·';~:'''~.''''',,:,,,·,,.,,,,c-"~"·"::".".'.~"'ot,..",.·:·:t,~¿,-,\,~,<:",~:A";.::'';·'·''''':""~1'-~""'.""':1-.~""'.':""""'"~-'..".;~'¡:"'~._;;.'"'~"";'."'''T'''''';'¡''''':-'''''-'''.'f·:f/·:ß''N''''='''''''''''"'"__'''''''~''.'.:.''''''''."""!!.'0''''''''."j.'''''.''.'~~~_''',f'''''''''.Z!'.~",M!!J'I TO: FROM: Ed Parker, Purchasing Director Leo Cordeiro, Solid Waste Manager e July 14, 2003 DATE: RE: Bid 03-052 Please take the necessary steps to award bid #03-052 to CBI, Inc. in the adjusted amount of $600.116.80. Additionally, attached are the bid evaluation letter from CDM and the letter from CBI, Inc. If you need any additional information, please feel free to contact me. ....., ~ U) s 1.,.:' ~ '--' c::: :1J r- c...- o :;a = c: r- rl 0 ::> () /'\ .t::: cn i ¡ ~'/;.~ < n ~ G) ïr¡ 0 c::: ,-, c: '"..:..1 Z 4? ""1'-\ -i "-'- , -< '- .."" ¡ 8 Continental Biomass Industries, Inc. Mr. Leo Cordeiro Solid Waste Manager St. Lucie County Glades Cut-Off Road Landfill July 8, 2003 Dear Mr. Cordeiro, Following our discussions yesterday and earlier letters in referencing to the Bid Proposal #03-052, C&D Grinding Equipment, CBI is proposing a cost savings measure for the County of St Lucie. There are (2) two areas in which the County may save: 1. By reducing the spare parts to our standard spare parts package. Deduct $20,000 2. Test period reduced from 10 days to 5 days. Deduct $2,500 This would be a total cost savings of $22,500 :lTom the bid price of $622,616.80, totaling $600,116.80, We hope this is of help and ifthere is anything further we can do, please don't hesitate contacting us. .,,~~ank ~ ' '_ . 'T0~ ~iffing Systems Engineer . 22 Whittier Street, Newton, New Hampshire 03858 / Tel. 603-382-0556 / Fax 603-382-0557 www,cbi-inc.com· email: info@cbi-inc.com J UL-14-0 3 O""OM FRO~Camp Dresser & McKee i 10 Vera + ...",Jr -1 23 P005/007 HI! ¡ CDNI 1701 HighVW'\1Y A-1-A,SuJtl! 301 Vero Buch, F!Qr¡Q'~ !-29ð.3 œl: 77 2 ;Z$1·~301 f¡¡:o,-; 772 231-4332 July 14, 2003 VIA F ACSll\flLE :Mr. LeO J. Cordeiro Solid Waste Manager St, Lucie CO\U1.ty 6120 Glades Culuff ROi!ld Fort Fierce, FL 34981 Subject COIlStrUction and Demolition Debris G:rinder Equipment St. Lucie COl,IUty Bid Number 03-052 Evaluation of Bids Dear Mr. Cordeiro: TIle Bid OpeJ;1.i:ng for the Construction and Demolition (C&D) Debris Grinder Equipment was held on Wednesday, June 25 at 2:00 p,m., at the St. Lucie County Puj;'t;hasi.ng Department A total of two (2} bids were received, Continental Biomass Industries, Inc. (Car) of Newton, NH and Sherbrooke O.E.M. Ltd of Quebec, Canada. Aft~ a careful evaluation of the bids, both bids were determined to be responsive and the low bidder on the project is Continental Biomass Industries, Inc. of Newton, New Hampshire. Each bidder supplied a bid bond 01' security in the illIlOunt of 5% of the GriUld Total Base Bid. The bid for the project is valid for a period of ninety (90) calendar days after the day of bîd opening, and will expire on September 23, 2003, ContinentaJ Biomass Industries, me, acknowledged receipt of Addend1lID No.1 and submitted the following information as reqWred by the bid documents: · Bid Form (SectiDn 00300) · Bid Security (Cashier's Check) · QuestiCJIU1aiJ:e (Section 00430) · Non...:ollüsive Affidavit (SectiQn 00480) · Authority to Execute Bid and Agr!1:ement (Section 00485} co!:sIJJtir)Q . englflt!ering . C:CC1~trl,l~t¡ctr1 'operations mn1275 JUL-14-03 ~~~M F~O~-Camp Dresser' M"Kee Inc Vera + ....., T-123 P 006/007 F-2'1 CDNI Mr, Leo J. Corde:ù"o July 14,2003 Page 2 Continental Biomass Industries, Inc. has been in business for 15 years. Based 0:0 the County's investigation and the references that we contacted, we have determined that Continental BiOD:'La55 Industries, Inc, is cApable of carrying out the obligations of the contr'¡l<;,t in a satisfactory and timely manner. Furth~ore, value engineering and discussions with Continental Biomass Industries, Inc. and the COlIXlty resulted in various cost saving and reduction items Í'rom the bid. These items are dis.."'Ussed in Continental Biomass IndustriE!S, Inc.'s letter dated July 8,2003 (attached). h, accordance with Item 25 of Section 00100-7 of the Contract Documents, we recommend modífi.cation of the Cont:J:act Price to reflect the cost saving items_ Accordingly, CDM recommends thAt the CoWlty award toe contract to the lowest responsible bidder, Continental Biomass Industries, Inc. of Newton, New Hc-unpshlre, in the amount of $600,116.80 ($622,,616.80 - $22,500.00) for the St Lucie County Construction and Demolition Debris Grinder Equipment. If there are any questioN regarding the bid~, the low bidder, Concinental Biomass Indu.st:di;>", Inc., or Qur evaluation and recommendation of award, please contact our office at (772) 231- 4301. ~ Principal Engmeer Camp Presser & McKI!e Inc. File: 6277-38045-115 cc: Ron Roberts, SLC ",',1~75 ~ ~ " ..... ~ "-' AGENDA REQUEST ITEM NO, C-6c DATE: July 22, 2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PURCHASING Edward Parker Purchasing Director SUBJECT: Bid #03-053 Landfill C&D Debris Processing Facility - Reject all bids. BACKGROUND On June 25, 2003 bids were opened for Public Work Department, Solid Waste Division. One thousand and two hundred (1200) vendors were notified, Twenty-six (26) sets of bid documents were distributed and two (2) bids were received. Per attached memo, we recommend the rejection of all bids. FUNDS AVAIL: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends rejecting all bids. Staff will revise the specifications and re-bid the project. COMMISSION ACTION: 'X] APPROVED [] DENIED [ ] OTHER: E: - Approved (5-0) Doug Anderson County Administrator Coordination/Signatures County Attorney: (X) 1~. '~h oj ..., iJ Originating Dept: Mgt. & Budget: /I Purchasing Mgr.:.J,1S) £( f Other: Other: Finance: (Check for Copy only, if Applicable) G,\COMMON\ED\AGENDA 2003\07-22'03\REJECT PROC FAC.DOC '" ~ ¥ PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION 03-074 MEMORANDUM .....,~,..,.'., ,._,"",~c;.'",""". . ~.''''.L'=^' "'0 .'. '.'·"""M.:'~"""'.·'/:.. ,."0".,....=.,;,.,'.'",..,.,..;.;'.. ",:;.?;;>a\,r,,,,:! """.', "",~.".~", ''''"._.~..'~'''''..'''''~>.."*'¥.'''''''¡..'.:¡;''''.~'~..:...'~.-);··'''''_;·';,N''''';''¡:<.'1,.''iY-"''~'''''''': ~""'Vd1'.t,.·","""'¡.".;;¡)"!$"·:~:G0'"'''''''''''''~'%f.'?_i#iP.~:,",,''''''''.'~:'''''':;:,,'" TO: FROM: Ed Parker, Purchasing Director Leo Cordeiro, Solid Waste Manager e July 14, 2003 DATE: RE: Bid 03-053 Please take the necessary steps to reject all bids for bid #03-053. This is due to the fact that only two bids were received and one of them was withdrawn due to a bidding irregularity. The remaining bid is not competitive in my opinion. Therefore, I believe it would be in the County's best interest to re-bid the C&D Processing Facility. If you need any additional information, please feel free to contact me. ""'" v U) E3 :-I ..... c:: :.::r.:; ,...- (.... V ;t;\ , ¡;:;;: c: :r- -~ 1 ' ~ n ']:;;1 G rr1 J::: r'tJ -- () .c,I;:" ..< 0 5: ,:;") , ' c: '-" '- % -P. -; .-...'. -, -< N .... "-, M It') 0 tn' a::S W=t:t Zc 0- -ŒI tn, ~!:!2.... Z:æ:W :J:æ:~ O°tn 00 W~z ~ - ° OZ- :J:J!;;: C:J ...JO...J <e- ¡":O:J 00 tnLLŒI D::~ O~ LLC) :æ: C LLZ a:: 0- a.. 'tn « ....tn 0 ° :Jw 0 ŒI 00 C"\I tnO (§) WD:: co.. M <etn 0 ...J- 0 C)D:: C"\I ~ffi W ~ It') .... C"\I zC tn W :JC ~ Z OolS :J 00 C ""') W...J :J .. -...J 0 C 0- :JLL tn W ...JC I Z .Z ~ W I-« Q. tn...J a.. ° 0 0 C 0 0 . - 0 0 ŒI 0 0 ...J 0 0 ~ &Ò It') C"\I ~ 0 ~ t-- I- ~ ~ tR- tR- 0 Z - 0 cñ W Z tn - i2 - Q. Z a:: tn ° W a:: I- .... 0 0 z C :J W Z a:: Z W I- ° > tn tn Z Z 0 ŒI 0 0:r: W...J 0::0 ...Ju.. C)- tn- w< :æ:z WO «0 0..0 c~ tn8 «e '-.f o CO N o N N ..... ~ e w I- :J m ;. æ c I- W CI) ¡¡: õ ~ CI) 0 l- e Z Z W CI) W > w :E üi Z :J 0 0 w E < 0 a::: D- c 0 :E CI) (J 0 e e ..: ã5 ã5 IV 0 - / u.. u.. u.. 'C 0 0 0 C IV a::: a::: a::: E w w w (I) m m m 'C :E :E :E ... :J :J :J (I) Z Z Z ~ , '-' "7 \wi I , AGENDA REQUEST ITEM NO. C-6d DATE: July 22,2003 REGULAR [ ] HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMiTTED BY (DEPT): Purchasinq Ed Parker, Purchasinq Director SUBJECT: Bid Waiver and Piggyback City of Port St. Lucie Bid #S--20020104 LTC Industrial Park Off- Site Utility Improvements. BACKGROUND: On July 30, 2002 the City of Port St. Lucie awarded contract #20020104 for LTC Industrial Park Off-Site Utility Improvements to Astaldi Construction Corporation. In accordance with the County Purchasing Manual, the Utilities Department staff requests a waiver of the bid process and permission to piggyback City of Port St. Lucie contract #20020104 for a not to exceed amount of $2,400,000. FUNDS AVAILABLE: Phase iB Account #316-3600-563000-35102 Phase II & III Account 316-3600-563000-36214 PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the waiver of the bid process, award of a contract to Astaldi Construction Corporation to provide Seminole Line Extensions for a not to exceed amount of $2,400,000 and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: .~ APPROVED [] DENIED [ ] OTHER: CE: Approved (5-0) o nderson County Administrator Coordination/Signatures County Attorney;(X) ')~- Þ ,) f 11 Originating Dept (x) Finance: (Check for Copy only, if Applicable) Mgt & Budget (X) 1&J/Î/)/ì¡o/ Purchasing Mgr_:(X) -/þ' GY I?' Other: Other: Eff 1/97 t "" '-tI BOARD OF COUNTY .. COMMISSIONERS UTILITIES DEPARTMENT WilLIAM ßLAZAK DIREGOR MEMORANDUM TO: Ed Parker, Purchasing Director ~ FROM: William Blazak, Utility Director DATE: July 14, 2003 RE: Astaldi Construction - Seminole Line Extensions Astaldi's contract will be utilized for the extension of off-site transmission lines associated with water and wastewater service to the Seminole Tribe of Florida. The lines will connect to the City of Port St. Lucie's utility system and be operated and maintained by St. Lucie County. Financing of the construction will be through a Developer's Agreement funded by the Seminole Tribe of Florida and St. lucie County. Phase 1 B will cost approximately $517,824.00 and be funded as part of the improvements to provide water and wastewater service to the Wal-Mart distribution center. The remaining amount of approximately $1,882,176.00 will be funded by the Seminole Tribe of Florida. The Seminole Tribe has advanced $425,000.00 to initiate the project design, engineering and permitting. Once all the appropriate permits have been obtained and prior to the notice to proceed to the contractor, The Seminole Tribe of Florida will advance the remaining $1,275,000.00. The Developer Agreement with the Seminole Tribe allows for a final adjustment based on actual cost of the project. The funds available are as follows: Phase 1B 316-3600-563000-35102 Phase II & III 316-3600-563000-36214 JOHN D. ORUHN. District No_ 1 . DOUG COWARD, District No_ 2 . PAULA A_ LEWIS, District No_ 3 . mANNIE HUTCHINSON. District No_ 4 . CLIFF GARNES, District No.5 County Admiílistrotor - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, Fl34962 · Phone (561) 462-1150 . FAX (561) 462-1153 f \w 'WI . ~ I MASTELLER & MOLER~ INC. - -C1VtL'ENGtNEERS :.. .. :, FaxT-r..an!i1.mittalSbeet To:St..Lucie Co. Otilities . Attflflen: -Bill, Wazak _ Regarding: Cost Estimate I men.ion to Semio'" LaDa, .. . Fæ:Number~772~462.,.1153 Date: 6/4/03 Handl uS! Instructions: ,1F-f.'mß:-Earl Masteller 1:1 Reply Requested - .- ¡g¡ High Priority 1:1 Confidential (Deliver tJ -Nannal ProccssÍBg(EyesiJfAddressee Only) ,Number,oLP.ages: 3 -- immediatelv} 1:1 Other (Including This Page) -. File # 0303 --. ¡fYou Fail To Receive A Complete Fax Please Contact Us At (561) 567-5300·' Fax Nuniber: (561; 794.;1106 d Hili: Attached is the Phase IB, II & III Cost Estimate for the water main/force mam extension from the Landfill Access along FL Turnpike and Gordy Road to State Road 70 to tne Semìnole Tribe Lands. Should you have any questions, please do not hesitateto cmrtact'me. Regards, Earl mmtu.cv-3.doc) 2205 14TH Avenue Vero Beach, FL 32960 (772)567,5300 (772) 794-1106 Fax . . .J , '-w . .....1 I PHASE IB, II, & III I I ,-- Cost Estimate of EXtending Water Main I Force Main from Landfill Access Road along ~'Iorida Turnpike arRI--Gurdy Read -tG~te Route 7D 10 Seminole Tribe Lands Prepared for S1. Lucie County Utilities Department PreDared bv t\i1¡¡stèt1er &-MeIer ,me, Jooe 2003 - . - , ,PHASE IS f-'!ºESCRIPTION QUANJITY UNIT UNIT PRICE : 6/4/2003 , wo#o3õ3 --. TOTAL PRICE ,- , 1 150 200 1,230 3,300 200 "640 200 :200 2 2 3 3 5,000 2 1 2 6,120 ,-+---, LS $ 33,500.00 LF $ 14.00 LF! $ 14.00 LF $ 38,00 'OF '$ '31.ûO LF $ 60.00 ·I:.F ····-$-500.00 - 1--;-. LF $ 120,00 - 'I::F _$ 12,!LOO . Ton $ 9,800.00 . ,EA .$ 2,500.00 EA $ 1 ,965,00 .{.-EA .$ ,4,200.0Q, LF $ 4,15 £A ..$ 1,965.00 __~ _'f=A $ 1,860.00 . , .EA ,.$ 825.QO L~~:_, $33,500.00 "$2,100.00 $2,800.00 $46.740,00 . . "$1'02;300.00 $12,000.00 . . . . $192,000,00 $24,000,00 · . .$24,000.00 $19,600.00 $5,000.00 $5,895.00 · ·$12.,600_00 $20,75~~ $3,930.00 $1,ß6o.oo $1,650.00 $7,099.20 1 Mobilization 28" Dia. PVC Watèr-Main 3 8~ Dia_ HOPE Foree Main 4 16" Dia. PVC Water.Maih 5 16" Dia. HOPE Force Main 6 8" Directional Bore #4 (FM) 7 12" Dirßclional Bore #7 (WM) w/casing B 16" Di1"~t~onal sqre #5 (WM) L. 16" Directional Bore #8 (WM) 10 Fittings ' 11 16" Manual Air Release-Valve ~ 12" Dia. Gate Valve wfth Box 13 16" Dia. Gate ValvèwithBox '14 Sod 15 pressurë Test & Cñ10rinate 16 Blow-Off Assembly E..,¡Sample¡:>oints __,' :~~ocator Wire . . . f---. Total Phase 18 --- u' . . -- -- PHASE II I I . I 1 LS $ 0000 .LF $ ---- ___ 9000 LF $ ----'- .·400 .,LF $ 500 If $ -- I---- ..400 ...LF 500 LF 4 .- Ton 6 EA .5 ..EA 4 EA __6 EA 17poO LF , .2 EA $ ! 1 EA $ 4 .,EA $ ,---:¡ïj,1 00 LF -- $ i --1-,---=1--- I I-- 1 Mobilization ~ 2' 8" Dia, PVC Fore ' 3 12" Dia. PVG W~er Main 4 8" Directional BOJ'e1ts~if19 5 8" Direclionaf Bore #11 . 6 16" Directional Sbre"#1&wfcasing 7 16" Directional Bore #12 8 Fi~ings. 9 8" Dia. Gate Valve with Box 10 12" Dia, Gate Valvè-with-Box 11 8" Air Release VJ:: 12 12" Air Release e 13 Sod 14 Pressure Test & C11torinate 15 BloW-Off Assembly ~_~~e Points 17 Locator Wire -.-.,--.-.. ~.--- Total Phase 11 Page 1 of 2 45,000.00 14,00 18,00 250.00 60,00 350.00 120,00 9,800_00 1,045,00 1,965,00 2,500~ºº 2,500,00 4.15 1,965,00 i 1 :860,00 j 825.00 1.16 $517,824:2,Q ¡ '¡-----. $45,000,00 $126,000,00 $162,000,00 $100,000,00 $30,000,00 $140,000.00 $60,000"00 $39,200.00 $6,270,00 , $9,825,00 $10,000,00 $15,OOOOQ $70,550.00 $3,930_00 $1.860.00 ,-,- $3,300.00 $20,996.00 · $843 931.00 ~. "-' ID: JUL 11....., 17:23 No.OOl P.Ol AstaIdi Construction Corporation St. Lucie County - Purchasing 2300 Virginia Avenue 2nd Floor Annex, Room 228 Fort Pierce, Florida 34982-5652 Mr, Edward Parker 772-462-1704 (fax) Ref.: 2003/400 Date: July 11, 2003 Re: Port St. Lucie Contract Unit Prices Subject: Agreement to Honor Port St. Lucie Contracts Unit Prices Dear Mr. Parker: Please accept this letter as confirmation that we will extend and "p-iggy-back" Contract unit pric~s for existing contracts with the City of Port St. Lucie to 51. Lucie County, as you require. We appreciative the opportunity to work with yourself and S1. Lucie County and we will continue to work vfJry hard to win your confidence. Please call with any questions or concerns upon receipt. Sincerely, Nicholas Fiduccia DivÎsion Manager 8220 State Road 84 Suite 300. Davie, Florida 33324 Telephone: (954) 423-8766, Fax: (954) 423-2597 ~ ...., 2. DESCRIPTION OF WORK It is agreed that the work to be done under this Contract is identified in the plans prepared by Masteller & Moler, Inc. which are incorporated by reference herein as Exhibit "B" and consist of extending the water main/force main from Glades Road Landfill Access Road along the Florida Turnpike and Gordy Road to State Route 70 to Seminole Tribe Lands as identified in the Project Exhibit attached as Exhibit "C". 3. PROJECT MANAGER The Project Manager for the County is Wayne Davis at (772) 462-1150. The Project Manager for the Contractor is Ron Whitman at (954) 423-8766. The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. 4. TIME OF PERFORMANCE/DELAYS AND EXTENSIONS OF TIME The Contractor shall begin work within 10 calendar days after the signing, execution and delivery of written notice to proceed, and shall guarantee completion of the Contract on or before 200 calendar days from the date of notice to proceed. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Contract. In the event the construction schedule as set forth in the Contract documents is changed, the Contractor shall notify the County, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the County in writing, In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the County shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the County authorizes such payment in writing. g: \atty \agreem nt\Asta Id i Page 2 of 12 ~/ ...", As the Contractor's only remedy for delay, the County may grant an extension of the contract time, when a controlling item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the County. Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall be done by Change Order. 5. DELAY DAMAGES It is mutually agreed between the parties hereto that time is of the essence in the performance of this Contract, and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the County may retain the sum of $100,00 per calendar day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the County will have sustained per calendar day by failure of the Contractor to complete the work within the time stipulated, and this sum is not a penalty, being the liquidated damages the County will have sustained in event of such default by the Contractor. 6. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions of this Contract based on the unit prices identified in the Quotation for Phases 1B, II and III which is attached to and incorporated into this Contract as Exhibit "DOl, subject to adjustment by change order, the total estimated amount in current funds being: Two million four hundred thousand and 00/100 ($2,400,000.00) dollars 7. PAYMENT SCHEDULE The County shall make payments on account of the Contract as follows: g: \atty\agreemnt \Astaldi Page 3 of 12 '-" '-..,I The County shall make monthly progress payments to the Contractor based on the unit pricing and percentage of work completed based on the certification of the design engineer retained by the County. Upon the satisfactory completion of the contract and the delivery by the Contractor to County of satisfactory releases of liens and claims if applicable, the County shall pay the entire amount found to be due to the Contractor, not later than forty five (45) days after completion of the contract and the delivery of said releases of liens and claims. 8. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 9. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Contract. 10. GUARANTEE The Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defects in workmanship or material appearing in the work within one year after the day of the certificate for final performance of the work for the service intended. Contractor further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment by the County shall relieve the Contractor from his or its obligations to do and complete the work in accordance with this contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective materials or labor, an equitable deduction from the contract price shall be made therefore or in the alternative, the County may sue for damages. This guarantee is in addition to any other warranty available to the County for the Work including but not limited to manufacturers warranties. g: \otty\ogreemnt \Astold i Page 4 of 12 -.... """ 11. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, or because of the nature of the ground in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents, The Contractor shall protect the entire Work, all materials under the Contract and the County's property (including machinery and equipment) in, or on, or adjacent to the site of the Work until final completion and Work, from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property (including without limitation) in the term persons, members of the public, the County and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said Work is being performed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities and building codes. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors g: \atty\agreemnt\ Astald i Page 5 of 12 ~ ....,¡ and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 12. INDEMNITY Contractor agrees to pay of behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. In conformance with Section 725.06 Florida Statutes, the specific consideration given for the promises of the Contractor set forth with regard to this indemnification and hold harmless clause is $10.00 in hand paid by the County to the Contractor as a portion of the contract price, receipt thereof is hereby acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the County under the requirement of Section 725.06 Florida Statutes. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the g: \atty\agreemnt\Asta Id i Page 6 of 12 -.... ....., Agreement for a period of ten (10) years after the date of the acceptance of the Work by the COUNTY. 13. INSPECTION The project will be inspected by the Project Manager for the County and will be rejected if it is not in conformity with the Contract provisions. Rejected work will be immediately corrected by the Contractor. When the work is substantially completed, the Contractor shall notify the County in writing that the work shall be ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 14. INSURANCE Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Workers' Compensation and Employers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal. g; \atty \agreem nt\Astaldi Page 7 of 12 ....... ....I 15. DEFAULT; TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Contract shall terminate at the expiration of the Seven (7) calendar day time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be gui Ity of a substantial violation of the provisions of the Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. If such expense of finishing the work shall exceed such unpaid balance the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. B. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Contractor for all authorized work performed through the termination date. g: \atty \agreemnt \Astaldi Page 8 of 12 ~ 'WI 16. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry, 17, VERIFICATION OF EMPLOYMENT STATUS Contractor agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of the contract. 18. FLORIDA PRODUCED LUMBER Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, (2002) where pertinent. 19. ASBESTOS-FREE MATERIALS Contractor shall not use any asbestos or asbestos-based fiber materials in the work performed under this Contract. 20. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. 21. ATTORNEYS' FEEs AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, subject to the provisions of Section 768.28, Florida Statutes and in no way altering the extent of the County's liability under 768.28, Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other g: \atty \agreem nt\Astald i Page 9 of 12 ... ....¡ professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Contractor and its surety or sureties, if any, for such fees and costs is joint and several. 22. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: With copies to: St. Lucie County Administrator 2300 Virginia Ave. Administration Annex Fort Pierce, FL 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, FL 34982 If to Contractor: Astaldi Construction Corporation 8220 State Road 84, Suite 300 Davie, FL 33324 23. NON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 24. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mai I of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify g: \atty\agreemnt \Astaldi Page 10 of 12 .... .....I the prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract, 25. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carryon the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 26. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 27. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted g: \atty \agreemnt \Asta Idi Page 11 of 12 '- ...", as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: BOARD OF COUNiY COMMISSIONERS ST. LUCIE COUNiY. FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNiY ATTORNEY WITNESSES: AST ALDI CONSTRUCTION CORPORATION BY: Print Name: Title: g: \atty \agreemnt \Astaldi Page 12 of 12 I -- ..,.,J CITY OF PORT ST. LUCIE CONTRACT #20020104 EDA project 04-01-04944 This CONTRACT, executed this 3 0 ~ day of '];4 , 2002, by and between the CITY OF PORT ST. LUCIE, FLORIDA, a municipal corporation, duly organized under the laws of the State of Florida, hereinafter called "City" party of the first part, and Astaldi Construction Corporation located at 8220 State Road 84, Suite 300 Davie, FL 33324, telephone no. (954) 423 8766 Fax No. (954) 423 2597, hereinafter called "Contractor", party of the second. part. The Executive Vice President of Astaldi Construction Corporation is Francesco Verdi. RECITALS In consideration of the below agreements and covenants set forth herein, the parties agree as follows: CONTRACT SUPERVISOR As used herein the contract supervisor shall mean Charlie Brigham at 772-873-6400 or his/her designee. SECTION I DESCRIPTION OF SERVICES TO BE PROVIDED The specific work which the Contractor has agreed to perfonn pursuant to the Bid Specifications and Bid Reply made a part of this Contract is Bid # S-20020104, LTC Industrial Park Off-site Utility Improvements and Construction Drawings and Project Manual as referred to therein and made part of this contract. Any reference to the EDA project or requirements contained in this contract refers to all administrative and legal requirements set forth in EDA's Supplemental General Conditions, attached to bidding documents, to EDA's publication "Requirements for Approved Construction Projects" and also to any specific requirements set forth in Special Award Conditions for EDA Award No. 04-01-04944. The portion of the contract for the EDA Award # 04-01-04944 is for the construction of a 12- inch water main along Midway Road from Selvitz Road to East Torino Parkway, a 16-inch water main along Midway Road from East Torino Parkway to LTC Parkway, approximately 16,200 LF. These mains will connect to the existing 12" water mains stubbed out at Selvitz Road and Glades Cut-Off Road and De1cris Drive and associated directional bores. The proposed mains will also provide for connection to the LTC on-site water Mains, The EDA portion of the contract also includes the construction of a 12-inch force main from De1cris Drive and Glades Cut-Off Road along Canal 105 to the existing 12-inch force main on East Torino Parkway, approximately 8,600 linear feet and associated directional bores. The water main and force main are Section I and II in the line item pricing included in this contract. -. ._._~ .. '" u :¡; D 3 EXHIBIT tIp 1 Page I of 15 Contract # 20020 I 04 LTC Industnal Park Otlsite Utility Improvements '- ..."" The contractor is responsible for. complying with all EDA requirements and for ensuring compliance by all subcontractors. It is imperative that all EDA assisted work is separated from non-EDA work and is clearly identifiable at all times during construction. The non-EDA portion of the contract includes construction of a 16-inch industrial waste main f from the CPV Industrial waste pump station to the Northport WWTF, approximately 28,200 linear feet and associated directional bores. The industrial waste main is not a portion of the EDA A ward and is detailed in Section III in the line item pricing included in this contract. SECTION II TIME OF PERFORMANCE Contract Period shall commence on August 1, 2002 and terminate January 13,2003, a total of 165 calendar days. In the event all work required in the bid specifications has not been completed by the specified date, the Contractor agrees to provide work as authorized by the Contract Supervisor until all work specified in the bid specifications has been rendered. Commencement and Completion - The Contractor will be required to commence work under this Contract within ten (10) calendar days after the date of receipt by him of the Notice to Proceed, and to have substantial completion within 150 calendar days from the date the Contract time commences, and to have completed the work, ready for final payment, within 165 days from the date the Contract time commences. Written requests shall be submitted to the Engineer for consideration of extension of completion time due to strikes, unavailable materials, or other similar causes over which the Contractor feels he has no control. Requests for time extensions shall be submitted immediately upon occurrence of conditions, which, in the opinion of the Contractor, warrant such an extension with reasons clearly stated and a detailed explanation given as to why the delays are considered to be beyond the Contractor's control. SECTION III COMPENSATION This is a unit price contract. The total amount to be paid by the City to the Contractor is on the basis of Unit price as submitted on the bid reply and included in this contract. The estimated dollar amount is $ 3,097,871.11 which amount includes the ten-dollar ($10.00) payment for indemnification as provided in Section V herein. Payments will be disbursed in the following manner: In full upon completion of service provided Contract Supervisor approves invoice as provided in Section XII. Contractor shall invoice the City for the amount of the indemnification payment and said invoice shall accompany the signed contracts. Contractor is to comply with the Davis Bacon Act, EDA and affirmative action requirements. The Contract Sum - Work to be paid for on the basis of Unit Prices: Each, Lump Sum, Linear Feet, Square Yards, System, etc., as per the attached unit prices. - - ": Page 2 of 15 Contract # 20020 I 04 L IC Industrial Park Offsite Utility Improvements '- ...", Progress Pavrnents- The Owner will make partial payment at the midpoint of the progress of the work (30 days) as follows: Partial payments, calculated from quantities of work in place multiplied by the Agreement unit prices will be made within 30 days after the receipt of the Pay Request. However, ten percent (10%) of the amount due and payable to the Contractor shall be retained tì'om each payment, pending final acceptance of the completed work. Acceptance and Final Pavment - Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer will promptly make such inspection. When he finds the work acceptable under the terms of the Agreement and the Agreement fully performed, he will promptly issue a final certificate, over his own signature, stating that the work provided for in this Agreement has been completed and that acceptance by him under the terms and the conditions thereof is recommended and the entire balance due the Contractor, subject to the covenants in Section 7.14 of the Standard Specifications and to any liquidated damages, if any assessed against the Contractor, will be paid to the Contractor at the office of the Owner within thirty (30) calendar days after the date of said final certificate. Before issuance of final certificate, the Contractor shall submit evidence that all payrolls, material bills and other indebtedness connected with the work have been paid and that the contractor and all subcontracts have complied with the Davis Bacon Act. The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing after final payment, or from requirements of the Project Manual and the Specifications, and of all claims by the Contractor, except those previously made and still unsettled. Such compensation includes all expenses incurred by the Contractor for all loss or damage arising out of the nature of the work, from the action of the elements, or from any delay or unforeseen obstruction or difficulties encountered in the prosecution of the work, and for all expenses incurred by or in consequence of the suspension or discontinuance of the work. Payment shall be made within thirty days of receipt of contractor's invoice, provided invoice is accompanied by adequate supporting documentation and approved by Contract Supervisor as provided in Section XII. No payment for projects involving improvements to real property shall be due until Contractor delivers to City a complete release of all claims arising out of the contract or receipts in full in lieu thereof, and an affidavit on his personal knowledge that the releases and receipts include labor and materials for which a lien could be filed. All invoices and correspondence relative to this contract must contain the contract and purchase order number. All invoices and correspondence relative to the EDA portion of this contract including Water Mains, Section I, and Force Mains, Section II, are to be submitted separately and to include the award number EDA # 04-01-04944 and purchase order number. All invoices for the Non-EDA Award will be clearly marked Non-EDA. Invoices that combine the EDA portion of this contract with the Non-EDA will not be accepted. - -' Page 3 of 15 Contract # 20020 I 04 LTC Industrial Park Offsite Utility Improvements 1... ""'" SECTION IV CONFORMANCE WITH BID It is understood that the materials and/or work required herein are in accordance with the bid made by the Contractor pursuant to the Invitation to Bid and Specifications on file in the Office of Management and Budget of the City. All documents submitted by the Contractor in relation to said bid. 'and all documents promulgated by the City for inviting bids are, by reference. made a part hereof as if set forth herein in fulL SECTION V INDEMNIFI CA TION/INSURANCE The Contractor shall indemnify, defend, and hold harmless the City, its representatives, employees and elected and appointed officials, from and against all claims, cause, demands, legal fees, cost of action, losses, damages or other expenses occasioned by any negligent act, conduct, error or omission by the City, or its agents, employees or subcontractors, in the performance of this contract, or occasioned wholly or in part by any negligent act, conduct, error or omission by the Contractor, or its agents, employees or subcontractors, in the performance of this contract. As consideration for this indemnity provision the Contractor shall bepaid the sum often dollars ($10.00) which will be added to the contract price, and paid prior to commencement of work. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the work being performed and furnished, and as will provide protection from claims set forth below, which may arise out of or result from Contractor's other obligations under the Contract Documents, whether it is to be performed or furnished by Contractor, any subcontractor or supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the work, or by anyone for whose acts any of them may be liable. All insurance policies shall be issued from a company or companies duly licensed by the State of Florida. All policies shall be on an occurrence-made basis: claims-made policies shall not be accepted by the Owner. The limits of liability for the insurance required by SECTION V of the CONTRACT FORM shall provide the following coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. State 2. Applicable Federal (e.g.. Longshoreman's): 3. Employer's Liability Statutory Statutory $1,000,000 The O"mer reserves the right to review and accept or reject any carrier, self-insured pool or other arrangement for this coverage. Contractor's Liability Insurance shall also include completed operations and product liability coverage and eliminate the exclusion with respect to property under the care, custody, and control of Contractor. ~". ~-- I, G_~ner-ªl_~gwegate (Except Products - Completed Operations) $5.000.000 ." Page 4 of 15 Contract # 20020104 LTC Ind"strial Park Offsite Utility Improvements ~ ....I 2, Products - Completed Operations Aggregate, including XCD Hazards $5,000,000 3. Personal and Advertising Injury (Per Person/Organization) $1,000,000 4. Each Occurrence (Bodily Injury and Property Damage) $1,000,000 5. Property Damage Liability insurance will provide Explosion, Collapse, and Underground coverage where applicable. 6. Excess Liability - General Aggregate Each Occurrence $3,000,000 $3,000,000 . Automobile Liability I. Bodily Injury: Each Person Each Accident $ 500,000 $1,000,000 2. Property Damage: Each Accident $ 250,000 or Combined Single Limit (Bodily Injury and Property Damage): Each Accident $1,000,000 The Contractual Liability coverage required shall provide coverage for not less than the following amounts: I , General Aggregate 2. Each Occurrence (Bodily Injury and Property Damage) $5,000,000 $1,000,000 The Contractor shall agree to maintain Worker's Compensation Insurance & Employers Liability in accordance with Florida Statute Chapter 440. Coverage must include Employers' Liability with a minimum limit of $1 00,000 each. Selected Contractor shall agree to maintain Business Automobile Liability at a limit of liability not less than $500,000 each person, $1,000,000 each accident, for all owned, non-owned and hired automobiles. In the event, the Contractor does not own any automobiles; the Business Auto Liability requirement shall be amended allowing Contractor to agree to maintain only Hired & Non- . . ." ---, -_.--: .. Page 5 of 1 5 Contract # 20020 I 04 LTC Industrial Park Offsite Utility Improvements '-" ""'" Owned Auto Liability, This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business auto Coverage form. Except as to Workers' Compensation and Employers' Liability, said Certificate(s) shall clearly state that coverage required by the contract has been endorsed to include the City of Port St. Lucie, a political subdivision of the State of Florida, its officers, agents and employees as Additional Insured with a CO 2026-Designated Person or Organization endorsement, or similar endorsement, to its' Commercial General Liability. The name for the Additional Insured endorsement issued by the insurer shall read "City of Port St. Lucie, political subdivision of the State of Florida, its officers, employees and agents. Contract 8-20020104 and Bid S-20020104 number. The Certificate of Insurance shall unequivocally provide thirty (30) days written notice to the City prior to any adverse changes, cancellation, or non-renewal of coverage there under. Said liability insurance must be acceptable by and approved by the City as to form and types of coverage. In the event that the statutory liability of the City is amended during the term of this agreement to exceed the above limits, the Contractor shall be required, upon thirty (30) days written notice by the City, to provide coverage at least equal to the amended statutory limit of liability of the City. Contractor shall agree by entering into this Contract to a Waiver of Subrogation for each required policy. When required by the insurer, or should a policy condition not permit an Insured to enter into a pre-loss agreement to waive subrogation without an endorsement then Contractor shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should Contractor enter into such an agreement on a pre-loss basis. It shall be the responsibility of the Contractor to insure that all subcontractors comply with the same insurance requirements referenced above. All deductible amounts shall be paid for and be the responsibility of the Contractor for any and all claims under this contract. Selected Contractor may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. When required by the insurer, or when Umbrella or Excess Liability is written on 'Non-Follow Form," the City shall be endorsed as an "Additional Insured. City, by and through its Risk Management Department reserves the right, but not the obligation, to review and reject any insurer providing coverage. Page 6 ofl5 Contract # 20020104 LTC Industrial Park Offsite Utility Improvements ....... -....I SECTION VI PROHIBITION AGAINST FILING OR MAINTAINING LIENS AND SUITS Subject to the laws of the State of Florida and of the United States, neither Contractor nor any subcontractor, supplier of materials, laborer or other person shall file or maintain any lien for labor or materials delivered in the performance of this contract against the City. The right to maintain such lien for any or all of the above parties is hereby expressly waived. SECTION VII WORK CHANGES The City reserves the right to order work changes in the nature of additions, deletions or modifications without invalidating the Contract, and agrees to make corresponding adjustments in the contract price and time for completion. All changes will be authorized by a written change order signed by the Director of OMB or his designee as representing the City. Work shall be changed and the contract price and completion time shall be modified only as set out in the written change order. Any adjustment in the contract price resulting in a credit or a charge to the City shall be determined by mutual agreement of the parties, or by arbitration before starting the work involved in the change. All change orders concerning the EDA portion of this project, Water and Force Main, must be clearly marked with EDA award # 04-01-04944, and separate from Non-EDA, Industrial Waste Main. SECTION VIII COMPLIANCE WITH LAWS The Contractor shall give all notices required by and shall otherwise comply with all applicable laws, ordinances and codes and shall, at his own expense, secure and pay the fees and charges for all permits required for the performance of the contract. All materials furnished and work done are to comply with all local state and federal laws and regulations. SECTION IX CLEANING UP Contractor shall, during the performance of this contract, remove and properly dispose of resulting dirt and debris, and keep the work area reasonably clear. On completion of the work, Contractor shall remove all Contractors' equipment and all excess materials, and put the work area in a neat, clean and sanitary condition. SECTION X NOTICE OF PERFORMANCE When required materials have been delivered and required work performed Contractor shall submit a request for inspection in writing to the Contract Supervisor. ." .-.. SECTION XI DELIVERY DOCUMENTATION --.---:' ""' Page 7 of 15 Contract # 20020 I 04 LTC Industrial Park Offsite Utility Improvements ~ 'wi Appropriate documentation shall be in accordance with the specifications and supporting documentation incorporated and made part of this contract. SECTION XII INSPECTION AND CORRECTION OF DEFECTS In order to determine whether the required material has been delivered or the required work performed in accordance with the terms and conditions of the contract documents, the Contract Supervisor shall make inspection as soon as practicable after receipt from the Contractor of a Notice of Performance or delivery ticket. If such inspection shows that the required material has been delivered and required work performed in accordance with terms and conditions of the contract documents and that the material and work is entirely satisfactory, the Contract Supervisor shall approve the invoice when it is received. Thereafter the Contractor shall be entitled to payment, as described in Section III. If, on such inspection the Contract Supervisor is . not satisfied, he shall as promptly as practicable inform the parties hereto of the specific respects in which his findings are not favorable. Contractor shall then be afforded an opportunity if desired by him, to correct the deficiencies so pointed out at no additional charge to the City, and otherwise on terms and conditions specified by the Contract Supervisor. Such examination, inspection, or tests made by the Contract Supervisor, at any time, shall not relieve Contractor of his responsibility to remedy any deviation, deficiency, or defect. SECTION XIII ADDITIONAL REQUIREMENTS In the event of any conflict between the terms and conditions, appearing on any purchase order issued relative to this Contract, and those contained in this Contract and the Specifications herein referenced, the terms of this Contract and Specifications herein referenced shall apply. The contractor is responsible for ensuring that all subcontractors are aware orand comply with the EDA requirements, including the Davis Bacon Act and affirmative action. SECTION XIV LICENSING Contractor warrants that he possesses all licenses and certificates necessary to perform required work and is not in violation of any laws. Contractor warrants that his license and certificates are current and will be maintained throughout the duration of the contract. SECTION XV SAFETY PRECAUTIONS Precaution shall be exercised at all times for the protection of persons, including employees, and property. The safety provisions of all applicable laws and building and construction codes shall be observed. SECTION XVI ASSIGNMENT Contractor shall not delegate, sublet or subcontract any part of the work under this contract or Page 8 of 15 Contract # 20020 I 04 LTC Industrial Park Offsite Utility Improvements '-r -....I assign any monies due him hereunder without first obtaining the written consent of the City. SECTION XVII TERMINATION, DELAYS AND LIQUIDATED DAMAGES A. Termination of Contract. If the Contractor refuses or fails to deliver material as required andJor prosecute the work with such diligence as will insure its completion within the time specified in this contract, or as modified as provided in this contract, the City by written notice to the Contractor, may terminate Contractor's rights to proceed. On such termination, the City may take over the work and prosecute the same to completion, by contract or otherwise, and the Contractor and his sureties shall be liable to the City for any additional cost incurred by it in its completion of the work. The City may also in event of termination obtain undelivered materials, by contract or otherwise, and the Contractor and his sureties shall be liable to the City for any additional cost incurred for such material. Contractor and his sureties shall also be liable to the City for liquidated damages for any delay in the completion of the work as provided below. If the Contractor's right to proceed is so terminated, the City may take possession of and utilize in completing the work such materials, tools, equipment and facilities as may be on the site of the work and necessary therefore. B. Liquidated Damages for Delays. Failure on the part of the Contractor to complete the project work within the time frame stipulated in this Contract, including any extensions of time for excusable delays as herein provided, as computed in Section 6.2 of the Standard Specifications of the Construction Documents, attached and made part of this contract, will entitle the City to deduct and retain out of the monies due the Contractor under this Contract the sum of $500.00 for each unexcused con~ecutive calendar day of delay, including Sundays and legal holidays, until the work is complete. 1) The amounts stipulated shall not be considered a penalty but a sum mutually agreed as the ascertained damages due the Owner because of the delay. 2) Should retained funds be insufficient to cover liquidated damages, the Contractor shall pay the Owner the balance of the damages due. C. Excusable Delays. The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the work or delivery of materials due to: (1) any acts of the Federal Government, including controls or restrictions or requisitioning of materials, equipment, tools or labor by reason of war, national defense or any other national emergency, (2) any acts of the City, (3) causes not reasonably foreseeable by the parties at the time of the execution of the contract that are beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the pubic enemy, acts of another contractor in the performance of some other contract with the City, fires, floods, epidemics, quarantine, restrictions, strikes, rreight embargoes and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions, and (4) any delay of any subcontractor occasioned by any of the above mentioned causes. However, the Contractor must promptly notify the City in writing within two (2) days of the cause of delay. If, on the basis of the facts and the terms of this contract, the delay is properly excusable the City shall extend the time for completing the work for a period of time - -' Page 9 of [5 Contract # 20020104 LTC Industrial Park Offsite Utility Improvements "-" . commensurate with the period of excusable delay. SECTION XVIII LAW AND VENUE '-' This agreement is to be construed as though made in and to be performed in the State of Florida and is to be governed by the laws of Florida in all respects without reference to the laws of any other state or nation. The venue of any action taken pursuant to this contract shall be in St. Lucie County, Florida SECTION XIX REIMBURSEMENT FOR INSPECTION The Contractor agrees to reimburse the City for any expenditures incurred by the City in the process of testing materials supplied by the Contractor against the specifications under which said materials were procured, if said materials prove to be defective, improperly applied, and/or in other manners not in compliance with specifications. Expenditures as defined herein shall include, but not be limited to, the replacement value of materials destroyed in testing, the cost paid by the City to testing laboratories and other entities utilized to provide tests, and the value of labor and materials expended by the City in the process of conducting the testing. Reimbursement of charges as specified herein shall not relieve the Contractor from other remedies provided in the contract. PagelOofl5 Contract # 20020 I 04 LTC Industrial Park Offsite Utjlity Improvements '-' ....J . SECTION XX APPROPRIA TION APPROVAL The Contractor acknowledges that this contract is subject to approval by City Council of budget appropriation. The Contractor agrees that, in the event such appropriation is not forthcoming. this contract may be terminated by the City and that no charges, penalties or other costs shall be assessed. SECTION XXI RENEWAL OPTION "Not applicable" SECTION XXII ENTIRE AGREEMENT The written terms and provisions of this contract shall supersede all prior verbal statements of any official or other representative of the City. Such statements shall not be effective or be construed as entering into, or forming a part of, or altering in any manner whatsoever, this contract or contract documents. (Balance of page left blank) . ._-. -_.-:. .. Page 11 of 15 Contract # 20020 104 LTC Industrial Park OtIsite Utility Improvements ~ "will . ! Water Main [Item Description Units Unit Price [No. ! I 1 Mobiiization LS 104,760.00 I 2 Maintenance of Traffic LS 9,750.00 3 8" PVC LF 14.00 I 4 8"GV EA 1,045,00 5 8"ARV EA 1,320,00 6 12" PVC LF . 17.00 7 12" 01 LF 63.80 8 12"x12" T.S.&V. EA 5,000.00 9 12" BFV EA 1,700.00 ; 10 12"ARV EA 1,330.00 11 16" PVC LF 38.00 12 16" 01 LF 97.00! , 13 16"BFV EA 2,550.00 14 16"ARV EA 1,560.00 15 BSP EA 375.00 16 Oir Bore Glades Cutoff Rd Sta 47+89_79 (20") LS . 14,600,00 . 17 Oir Bare FEC RR (20" in 30" Casing) LS 77,000.00 18 Oir Bore Tarino Pkwy (16") LS 20,275.00 19 Oir Bore Florida Tnpk (16" in 24" Casing) LS 120,915.00 20 Oir Bore Entrance Rd Sla 84.76,50 (16") LS 16,106.00 21 Oir Bore Miiner Dr (16") LS I 13,555.00 22 Oir Bare Glades Cutoff Rd Sta (-) 2 + 72,37 (20") LS 14,365.00 23 Oir Bore Glades Cutoff Rd Sta 9 + 02 (20") LS 14,365.00 24 Blowoff Assembly EA 1,860.00 25 01 Fittings TN 9,960.00 26 Pressure Test & Cholorinate EA 1,965.00 27 Repair Concrete Rip Rap LS 2,220.00 28 Locator Wire I LF 0.20 , 29 Pigging LF 2.00 , i i 30 Restoration (Road RMI Sodded) (Canal RI\N I LF 4.00 1 Seed & Mulch) I Unit Contract Prices Section I, EDA #04-01-04944 Page 12 of 15 Contract # 20020 ¡ 04 LTC Industrial Park Offsite Utility Improvements \wt .."""I . . ¡Force Main Item ¡ Description ,No. ! Section II, ED A #04-01-04944 rUnits Unit Price I I I 1 Mobilization ! LS 91,000.001 2 Maintenance of Traffic ; LS 6,400.00i 3 12" PVC , LF 18.00! i 4 12" PV r EA 2,500.00i .1 5 12"ARV EA 1,500.00 6 Oir Bore Glades Cut-off Rd & FEC RR (16" in 24" ! LS 63,500,00 Casing) I 7 Dir Bore Canal 105 (16") LS 20,000.00 8 01 Fittings TN 9,800.00 9 'Repair Open Cut Road EA 6,000.00r , 10 Pressure Test I EA 3,900.001 11 Locator Wire LF 0.20! 12 Pigging LF 1.701 13 ¡Restoration (Road RJW Sodded) (Canal RJW I LF I 4.151 Seed & Mulch) I I I ._,-: -.... Page 13 of I 5 Contract # 20020 I 04 LTC Industrial Park Offsite Utility Improvements \..r ...- . .Industriai Waste Main I I Item Description ¡Units Unit Price No. 1 I Mobilization I LS I 118,766.00 2 Maintenance of Traffic I LS 13,000.00! 3 16" PVC (inc PVC Fittings) LF ·38.001 4 16"GV EA 4,200.00 5 16"ARV EA 1,600.00 6 Dir Bore Glades Cut·off & FEC rr (20" in 30" LS 99,115.00 Casing) 7 Dir Bore Canal 105 (20") LS 24,550.00 8 Dir Bore Canal 106 (20") LS 21,150.00 9 Dir Bore Canal 1 07 (20") LS 22,900.00[ 10 Dir Bore Ocean Breeze Waterway (20") LS 30,380.00 11 30" Steel Casing 0_375" LF 137,00 12 3" PVC (LPM) LF 50.00 13 Pressure Test EA 9,500.00 14 Repair Open Cut Road EA 4,000.00 15 Repair Open Cut Sidewalk EA 1,250.001 16 Repair Open Cut Fabrifarm EA 2,475.00 17 Locator Wire LF 0.20 18 Pigging LF 1.00 19 Restoration (Raad RfIN Sodded) (Canal RfIN LF 4.15 Seed & Mulch) 20 4" Shell Rack LS , 2,720,00 I 21 16"PV EA 4,800.001 22 16" PVC 90 Bends EA 750.00 23 16" PVC 45 Bends EA I 650.00 24 16" PVC 22 1/2 Bends EA 650.00 25 16" PVC 11 1/4 Bends EA 650.00 2 " " VC Reducers I I Section III, Non-EDA 26 lOx 16 P EA 1,025.001 -.- ....- Page 14ofl5 Contract # 20020 I 04 LTC Industrial Park Offsite Utility Improvements ..... ~ ...." · IN WITNESS WHEREOF, the parties have executed this contract at Port St. Lucie, Florida, the day and year first above written, . State of: County of: CITY OF PORT ST. LUCIE FLORIDA By /),1}¡d/6 fk~ ' City M~ger ATTEST: ,. /7 Bytf!Ø~ By: ~ ~ City CI.,k Authorized Representative of Astaldi Construction Corporation ~)u-cÆ- r¡.., f\.D..0Û/J). Before me personally appeared: ~~.0CO L(/~~ (Please Print) Personally known or Produced Identification/Type ofIdentification Identification No. >( and to me well known, and known to me to be the person described foregoing instrument, and acknowledged to and before me that fIe- for the purposes therein expressed. WITNESS),,"d ~d O~cial seal, this & day of :TIdy Notary Public-State of I~¡....-r:./L , at Large My Commission Expires / /2bkZ--. I in and who executed the executed said instrument , A.D. 2002. - -' Page 15 of 15 Contract # 20020 I 04 LTC Industrial Park Offsite Utility Improvements ,Þ ,,-,. ..,J AGENDA REQUEST ITEM NO. C-6e DATE: July 22, 2003 REGULAR [ ] HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasing Ed Parker. Purchasinq Director SUBJECT: Permission to advertise (IFB) Invitation For Bid for Runway 14-32 Overlay at the S1. Lucie County International Airport. BACKGROUND: To solicit vendors to provide all material and labor for Overlaying of Runway 14-32 at the S1. Lucie County International Airport. FUNDS AVAilABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise Invitation For Bid (IFB) for the Overlaying of Runway 14-32 at the S1. Lucie County International Airport. COMMISSION ACTION: ~..~ )(] APPROVED [] DENIED [ ] OTHER: Approved (5-O) Doug Änderson County Administrator Coordination/Signatures County AtIorney:(X) '~J" Qj h Originating Dept: Finance: (Check for Copy only, if Applicable) Mgt. & Budget ( J Purchasing Mgr.:(X) Other: d/ Other: Elf. 1/97 From: To: Date: Subject: Airport Edward Parker 7/15/03 4:33PM Runway 14/32 rehabilitation Ed, As we discussed, please advertise for bids for the rehabilitation of the runway 14/32 project at St. Lucie County International Airport. Cindy Portnoy with Williams, Hatfield & Stoner (WHS) has prepared the technical specifications and will be coordinating this project for the airport. However, there is one slight problem. The Federal Aviation Administration (FAA) has indicated that this project may be eligible for federal funding, As a result, the grant would need to be approved by the Board at their September 9th regular board meeting. This would require that the bids be opened, bid tabs be prepared, and that the engineer prepare an engineer's recommendation for the project by September 4th. I understand that this may create additional hardships for your office, however, the FAA has recently changed their grant deadline from September 30th to September 12th. Anything you can do to help turn this project around in a timely manner will be greatly appreciated. Thanks, Paul Paul A Phillips, AAE. Airport Director St. Lucie County International Airport 2300 Virginia Avenue Fort Pierce, FL 34982 (772) 462-1732 (772) 462-1718 fax airport@co.st-lucie.fI.us cc: Simberlund Barbara Churchill; Cindy M. Portnoy; David Rodriguez; Maryann Collins; Melissa .. "-' ~ ~ AGENDA REQUEST ITEM NO. C -1 DATE: July 22,2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: 51. Lucie County INTERNATIONAL AIRR on Florida's Treasure Coast TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY':- Airport Paul A. Phillips SUBJECT: Authoriz'è staffto negotiate wiÌ:h the top two (2) ranked aviation general consultant firms, PBS&J, and Kimley Horn & Associates, to provide general engineering services, to include p1anning, programming, engineering, and technical management services for aviation projects at St. Lucie County International Airport, BACKGROUND: In 1998, the airport entered into engineering agreements to provide specialized aviation services at the airport. For the past five years, the airport has had four general consultants that have provided specialized aviation services for infrastructure development projects. These aviation general consultants have assisted with the preparation of applications and documents for Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT) grant funding. Additionally, these consultants have provided aviation related planning services, airport master plan and layout plan development, airport design and engineering, value engineering and cost estimating, along with the preparation of bid documents, construction observation, inspection and project coordination, and other associated tasks. FUNDS A V AILABLE IN ACCT#: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board authorize staff to negotiate with the top two (2) ranked aviation general consultant firms, PBS&J, and Kimley Horn & Associates, to provide general engineering services, to include planning, programming, engineering, and technical management services for aviation projects at St. Lucie County International Airport. COMMISSION ACTION: Jj'APPROVED [lDENTFD [ ]OTHER: Approved (5-0) Ii Purchasing (;)V Other: Reviews & Approvals ¡#f County Attorney.. ' . ¡.10MB Originating Dept: Other: Finance:(Check p. y, if applicable) '--' ...., St Lucie County INTERNATIONAL AIRP on Florida's Treasure Coast STAFF REPORT from St. Lucie County International Airport To: Board of County Commissioners Paul,A. Phillips, Airport Director July It?, 2003 From: ' Date: Subject: Aviation General Consultant Firms In 1998, the airport entered into engineering agreements to provide specialized aviation services at the airport. For the past five years, the airport has had four general consultants that have provided specialized aviation services for infrastructure development projects. These aviation general consultants have assisted with the preparation of applications and documents for Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT) grant funding. Additionally, these consultants have provided aviation related planning services, airport master plan and layout plan development, airport design and engineering, value engineering and cost estimating, along with the preparation of bid documents, construction observation, inspection and project coordination, and other associated tasks. The FAA recommends that aviation general consultants be selected every five years. Since the airport general consultant's contracts expire in August 2003, the Airport received permission in June to advertise for a Request for Qualifications (RFQ) for airport consulting services. The airport received eleven proposals from qualified engineering firms (copies of the RFQ are available in Purchasing), A staff committee has reviewed the proposals and has selected the top two ranked proposals. Based on the ranking by the general consultant review committee, staff recommends that the Board authorize the airport to negotiate with the top two (2) ranked aviation general consultant firms, PBS&J, and Kimley Horn & Associates, to provide general engineering services, to include planning, programming, engineering, and technical management services for aviation projects at St. Lucie County International Airport. If you have any questions or require any additional information, please do not hesitate to contact me. , ' i "'" AGENDA REQUEST '-'ITEM NO. C-& DATE: July 22, 2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Budget Resolution 03-165 for a $100,000 grant from the Florida Department of Juvenile Justice to continue the S1. Lucie Mental Health Program Grant BACKGROUND: On July 1, 2001 the St. Lucie County BOCC was awarded $100,000 for the Juvenile Delinquency Prevention Program. The funding was applied towards Juvenile Mental Health activities coordinated by the Kids Connected by Design. In June of2002, and again in June of2003, the grant was renewed for another year by the Department of Juvenile Justice. A budget resolution is necessary to appropriate and expend the funding beginning on July 1, 2003. FUNDS AVAILABLE: See the attached budget resolution PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners Budget Resolution # 03-165 for the renewal of the $1. Lucie Mental Health Program Grant~ and accept the Grant Renewal Agreement #2044.and authorize its execution. COMlvfISSION ACTION: 1tJ APPROVED [] DENIED [ J OTHER: Approved (5-0) oug Anderson County Administrator CoordinationlS i matures County Attorney: XX ~/ Management & Budget: d) k. Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) XX JY1 m ~ChaSing: Other: r,.\QJ !nn}:T\WP\.A~¡:;NnA'~'J.r.-¡::;NnJ.rn\TfT! ~ç;::P\7""n rvnRANT 00(" .. , '" ..." RESOLUTION NO. 03-165 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for S1. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Dep1. of Juvenile Justice in form of a $100,000 Juvenile Delinquency Prevention Program 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 S1. Lucie County, Florida, in meeting assembled this 22nd day of July, 2003, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2002-2003, and the County's budget is hereby amended as follows: REVENUES 001285-6420-334204-600 Dept. of Juvenile Justice $100,000 APPROPRIA nONS 001285-6420-534000-600 Other Contractual Services $100,000 After motion and second the vote on this resolution was as follows: Commissioner Cliff Barnes, Chairperson Commissioner Paula A. Lewis, Vice Chairperson Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 22ND DAY OF JULY, 2003. ATTEST: BOARD OF COUNTY CONfMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR..\1AN APPROVED AS TO CORRECTNESS AND FORM: COUNTY A TIOR.!'lEY f '\ " ...., DEPARTMENT OF JUVENILE JUSTICE Grant Renewal Agreement Grant #2044 THIS RENEWAL is entered into between the State of Florida, Department of Juvenile Justice, hereinafter referred to as the "Department," and St. Lucie County Board of County Commissioners, hereinafter referred to as the "Grantee." The Department and the Grantee entered into a grant to provide community delinquency prevention services to target identified community needs to mobilize community wide support and implement programs to address youth age 7 to 17 years who reside in high crime neighborhoods and are most likely to become chronic juvenile offenders. Seventy percent (70%) of the youth served must have risk factors present in at least three of the following four major risk domains as provided for in the 8% Solution research: 1) Significant family troubles; 2) Significant school troubles; 3) Alcohol and drug use; 4) Pre-delinquent behavior The grant has a renewal clause [Page 7, Grant Conditions (39)] that provides for a renewal if mutually agreed to by both parties and subject to the same terms and conditions of the original grant. The department is exercising its option for the 2nd renewal to this grant in the amount of $100,000. This renewal shall begin on July 1, 2003, and end on June 30, 2004. All terms and conditions of said original Grant and any supplements and amendments thereto shall remain in force and effect for this renewal. IN WITNESS WHEREOF, the parties have executed this Renewal by their undersigned officials as duly authorized. Provider State of Florida Department of Juvenile Justice Signature Signature Name Francisco J. Alarcon Name Title Deputy Secretary Title Date Date ~ ,..", ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS JOHN D. BRUHN DISTRICT 1 DOUG COWARD DISTRICT 2 PAULA A LEWIS DISTRICT 3 FRANNIE HUTCHINSON CLIFF BARNES DISTRICT 4 DISTRICT 5 AGENDA July 22, 2003 1. MINUTES Approve the minutes of the meeting held July 8,2002. 2. GENERAl PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants list No. 41 and No. 42 2. MOSOUITO CONTROL Declaration of Surplus Property - Consider staff recommendation to grant permission to surplus the District equipment referenced, and to offer the surplus equipment to interested Mosquito Districts at the values estimated for those items and consideration for "best offers", and grant permission to publicly auction the surplus equipment that is not successfully bid upon by any other District. 3. PURCHASING Permission to Advertise - Consider staff recommendation to grant permission to advertise an Invitation for Bid (IFE) for corrugated aluminum pipe culvert replacement material. 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 o1lhe prœeedlngs and for such purpose may need to ensure Ihat a verbatim record 01 Ihe proceedings is made_ Upon the request 01 any party to the proceedings, individuals testifying during a hearing wiil De sworn in_ Any party to the proceedings will be granted an opportunity to cross-examine aI1Y Individual tesIHying during a hearing upon request. Anyone with a dlsa[jilty requinng accommodation 10 attend this meeting should contact the 5t. Lucie County Community Services Manager at (772) 462,1777 or lDD (772) 462,1426 at least forty·eight(46) hours prior to the meeting " '-' ..",,¡ MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: July 8, 2003 Tape: 1 Convened: 9:40 a.m. Adjourned: 9:41 a.m. Commissioners Present: Chairman, John D. Bruhn, Cliff Barnes, Paula A. Lewis, Frannie Hutchinson, Doug Coward Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Bill Blazak, Utilities Director, Millie D. Feliciano I. MINUTES (1-1204) It was moved by Com. Bruhn, seconded by Com. Coward, to approve the minutes of the meeting held June 24, 2003; and, upon roll call, motion carried unanimously. 2. GENERAL PUßLlC COMMENTS None 3. CONSENT AGENDA (1-1211) It was moved by Com. Barnes, seconded by Com. Coward, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LISTS The Board approved Warrant List No. 39 and 40. 2. MOSQUITO CONTROL Declaration of Surplus Property- The Board granted permission to surplus the District equipment referenced and to offer the surplus equipment to interested Mosquito Districts at the valu4s estimated for those items and consideration for "best offers" and granted permission to publicly auction the surplus equipment that is not successfully bid upon by any other District. Thcre being no further business to be brought before the District, the meeting was adjourned. Chairman Clerk of Circuit Court 07/11/03 F7ABWARR FUND 145 TITLE '-'- ST. LUCIE COUNTY - BOARD """" WARRANT LIST #41- 04-JUL-2003 TO 11-JUL-2003 FUND SUMMARY- MOSQUITO Mosquito Fund GRAND TOTAL: EXPENSES 52,260.31 52,260.31 PAGE 1 PAYROLL 0.00 0.00 07/18/03 F'7~BWARR FUND 14S TITLE ~ ST. LUCIE COUNTY - BOARD ~ WARRANT LIST #42- 12-JUL-2003 TO 18-JUL-2003 FUND SUMMARY- MOSQUITO Mosquito Fund GRAND TOTAL: EXPENSES 17,768.27 17,768.27 PAGE PAYROLL 27,957.15 27,957.15 1 ~ ,..~, "'-" ..., AGENDA REQUEST ITEM NO. C-2 DATE: July 22, 2003 REGULAR [ ] PUBUC HEARING [ ] CONSENT [X] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY(DEPT}: MOSQuito Control James R. David SUBJECT: Declaration of Surplus Property BACKGROUND: In order to meet the requirements of Chapter 388.323, Florida Statutes, Disbictsurplus equipment must first be offered to other Mosquito Control Districts through the Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control, prior to conducting a public auction of the equipment. A list of the individual property record numbers each surplus item Is provided for Board consideration. FUNDS AVAIL.: NIA PREVIOUS ACTION: Board approval of Surplus Sales in FY'03 Budget RECOMMENDATION: Staff recommends Board approval to surplus the DIstrict equipment referenced in the atlached list, Board authorization to offer the surplus equipment to interested Mosquito Districts at the values estimated for those items and consideration for 'Best Offers', and Board approval to publicly auction the surplus equipment that is not successfully bid upon by any other District. Approved (5-0) COMMISSION ACTION: i1J'APPROVED [] DENIED [ ] OTHER: Review and AoDrovals ~Attomey: ~nt&BUdget cY""-' -- -i:.lLfJ QIhe, Finance: (Check ti Copy only, if applicableL ~asing : Other: Eff. 5196 '-r' ....",¡ MOSQUITO CONTROL DISTRICT MEMORANDUM TO: Mosquito Control District Board FROM: James R David, Mosquito Control Director DATE: July 8, 2003 RE: Approval to Surplus Equipment BACKGROUND: In order to meet the requirement of Chapter 388.323, Florida Statutes, District, surplus equipment must first be offered to other Mosquito Control Districts through the Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control, prior to conducting a public auction of the equipment A list of proposed surplus equipment is attached for Board consideration. RECOMMENDATION: Staff recommends Board approval to surplus the District equipment referenced in the attached list Board authorization to offer the surplus equipment to interested Mosquito Districts at the values estimated. for those items and consideration for 'Best Offers', and Board approval to publicly auction the surplus equipment that is not successfully bid upon by another District cc:fi1e H:\ WP\AGENDA \2002\Surplus No.l_mem.wpd ..... ..",¡ , DIVISION OF MOSQUITO CONTROL MEMORANDUM TO: FROM: DATE: SUBJECT: All Mosquito Control County and District Programs James R. David, Mosquito Control Director July 8, 2003 Disoosition of Surolus Prooertv In compliance with Chapter 388.323 Florida Statutes, the Saint Lucie County Mosquito Control District Board is making available the following list of surplus property for StateIDistrict purchase: Minimum Bid/ Best Offer 1. Computer Model K6-SOO FAIR Condition...............................Best Offer (ref. PR 203895) 2. Computer Model K6-S00 FAIR Condition................................Best Offer (ref. PR 203896) 3. Computer Model K6-S00 FAIR Condition................................Best Offer (ref. PR 203898) A Mosquito Control District or program seeking to purchase any of these items may inspect them at the District compound between 8:00 am and 3:00 pm, Monday through Friday. This offer will expire on July 31, 2003, after which date all equipment will be sold/traded-in. If you have any questions please call 772-462-1686 or fax the District at 772-462-1565. cc: file "" ..., ST.LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODA V'S DATE: 7/8/2003 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: Mosquito Control District 4. LOCATION CODE: MOSQCT 5. PROPERTY RECORD # AND DEPT TRANSFERRING TO (IF TRANSFERRING) OR DISPOSING OF): 20.3895 6. VEAR ACQUIRED (IF TRANSFERRED/DONATEDITRADED, ETC.): 2001 7. DESCRIPTION OF PROPERTY: PC 8. MAKE: AMD 9. MODEL NUMBER: K6-500 10. SERIAL NUMBER: 210403701 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) SURPLUS DEPARTMENT HEAD OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOrHER A. WHEN PURCHASING AN ITEM. FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR) rHIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSEr RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO SANDI MORANDO IN PURCHASING. ... ...,,¡ ST.LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODA V'S DATE: 7/8/2003 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: Mosquito Control District 4. LOCATION CODE: MOSQCT 5. PROPERTY RECORD # AND DEPT TRANSFERRING TO (IF TRANSFERRING) OR DISPOSING OF): 20-3896 6. VEARACQUIRED (IF TRANSFERREDfDONATEDITRADED, ETC.): 2001 7. DESCRIPTION OF PROPERTY: PC 8. MAKE: AMD 9. MODEL NUMBER: K6-500 10. SERIAL NUMBER: 210403702 11, METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) SURPLUS DEPARTMENT HEAD OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT, TO ANOTHER. A, WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILl.. SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PARr OF THE INFORMATION REQUESTED, YOU WILl. NEED TO CALl. THE VENDOR) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS,) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILl. OUT FORM AND SEND TO SANDI MORANDO IN PURCHASING. -.. "." ST.LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODA Y'S DATE: 7/8/2003 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: Mosquito Control District 4. LOCATION CODE: MOSQCT 5. PROPERTY RECORD # AND DEPT TRANSFERRING TO (IF TRANSFERRING) OR DISPOSING OF}: 20-3898 6. YEAR ACQUIRED (IF TRANSFERRED/DONATEDrrRADED, ETC.): 2001 7. DESCRIPTION OF PROPERTY: PC 8. MAKE: AMD 9. MODEL NUMBER: K6-500 10. SERIAL NUMBER: 210403704 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) SURPLUS DEPARTMENT HEAD OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED. DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.I THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM. FILL OUT FORM AND SEND TO SANDI MORANDO IN PURCHASING. ....., AGENDA REQUEST ITEM NO. C-3 DATE: July 22, 2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker, Purchasinq Director SUBJECT: Permission to advertise (lFB) Invitation For Bid for corrugated aluminum pipe culvert replacement material. BACKGROUND: To solicit vendors to provide corrugated aluminum pipe culvert replacement material for Mosquito Control Department. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for permission to advertise (IFB) Invitation For Bid for corrugated aluminum pipe culvert replacement material. COMMISSION ACTION: Approved (5-0) E: .- '-. I1C APPROVED [] DENIED [ ] OTHER: Anderson County Administrator Coordination/Siqnatures County Attorney:(X) ~r O-rM Originating Dept:: Mgt. & BUdget () Purchasing Mgr.:(X) d I Other: Other: Finance: (Check lor Copy only, il Applicable) ElL 1/97