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Home My WebLink AboutAgenda Packet 07-10-01 '-' ....,¡ JULY 10, 2001 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 AM., then public hearings will be heard at 9:00 AM. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 AM., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poittas Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' ~ i www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA July 10, 2001 9:00 A.M. ~, INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held June 25,2001. AJJP(O\f¿c{ 2. PROCLAMATIONS I PRESENTATIONS I ANNOUNCEMENTS A Presentation - WIRA/wpSL Xmas Kids, Inc. will present a 510,000 donation for S1. Lucie County Summer Programs. B. Resolution No. 01-160 - Remembering Marcus A. Giger for his outstanding service as Superintendent of Parks for St. Lucie County, Florida. C. Presentation - Economic Development will present the FIDC Award to the Board for "Advertising-Ad Campaign for a Medium Sized Community". D. Staff will provide an update to the Board regarding the Boat Facility Siting Workshop. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ),{LnU':/ G~t.fA (pLllltct P(!O(1v~) Appro v tel NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boara at these meetings will need a record ofthe proceedmgs and for such purpose may neell to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any paJ1y to the proceedings will be granted tbe opportunity to cross-examine any indivIdual testifying during a hearing upon request. Any_one with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-142'8 at least forty-eight(48) hours prior to the meeting. '-" ....., REGULAR AGENDA JULY 10,2001 PAGE nvo PUBUC HEARINGS There are no public hearings scheduled for July 10, 2001. ~, End of Public Hearings 6. PUBUC WORKS Resolution No. 01-161 / Becker Road M.S.B.U. Final Hearing / Paving and Drainage Improvements - Consider staff recommendation to adopt the resolution apprO\ing the Final Assessment Roll for the Becker Road Municipal Services Unit. COMMUNITY DEVELOPMENT ftpProtf~ 7. Job Growth Investment Grant - Consider staff recommendation to amend the Job Growth Investment Grant to add a bonus of 10% for companies seeking JGIG grants that hire "local contractors" for construction work related to the business's expansion. 8. COUNTY ATTORNEY fppr ov-¿cß A Sunrise Theatre Grant Agreement - Consider staff recommendation to approve the grant agreement and authorize the Chairman to sign the agreem en t. .ArMrd (XIf<q ---ø pr.lí/<t.ff51J.¿ ðfpmprlf tJ//#Jdì¡f-{t?ilo/ ({Jv::tI'.:t;. £hÆJ(h~a>{~- , 'f'f B. Communications Services Tax Simplification Law - Consider staff recommendation to (1) determine whether to adopt Resolution No. 01-167 increasing the Local Communications Services Tax by an additional 0.24% in lieu of requiring and collecting permit fees from communication service providers and (2) determine whether to adopt Resolution No. 0l~168 imposing the maximum rate of 1.6%. (I) KÞ()I~(Tfì OJ ~/ft1- C 2) f&jO~d!¿0{ Ol-I&~ - ~pr¿N~£ Appru l<t& . '-" """" REGULAR AGENDA JULY 10, 2001 PAGE THREE 9. AIRPORT ~, Funding Request - Consider staff recommendation to approve the funding request to the Federal Aviation Administration (FAA), and the Florida Department of Transportation (FDOT) for the preparation of the Environmental Assessment by HNTB in the amount of $277,000 for the proposed new parallel runway 9L/27R at St. Lucie County International Airport. ApÇYO~& 10. ADMINISTRATION Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards on which they serve. ~r - r~0i+-S Cj'vW '1¡ ';)cxìn \S ~MQí(/Jlv~ 1l.2J-d on r1Vft A~dCc On Cx~ìAftN ~ YDStll DY\ OJÎ tV\(lUì r1D pwh C0ptJ-c ¡)J ,fh ófi5[ 01 ltÍrd frc~ fD( fbflh £(k~ pyt04t $ f'UJJ 0~ \c'\ uKýU furnt¿y / £;U~'ì pu (h ð5 ()rk for ~ iD /(¡l fpÆ, \w' ~ CONSENT AGENDA Julv 10. 2001 1. WARRANTS LIST Approve warrants list No. 39 and No. 40 2. PARKS AND RECREATION A. WIRA/WPSL Xmas Kids, Inc. - Consider staff recommendation to accept the $10,000 donation from WIRA/wpSL Xmas Kids, Inc. B. Budget Resolution No. 01-166 / Pepsi Bottling Group - Consider staff recommendation to approve the budget resolution and accept the $10,000 "Exclusive Rights Payment"from the Pepsi Bottling Company. ~. C. Grant Application - Consider staffrecommendation to authorize the County Administrator to sign the Land and Water Conservation Fund Program grant application for passive and active recreational improvements at the Ancient Oaks park site. 3. COMMUNITY DEVELOPMENT A. Cypress Point - Consider staff recommendation to approve the final plat for the subdivision to be known as Cypress Point, and authorize staff to proceed with its final processing. B. The Grove at pantherwoods - Consider staffrecommendation to approve the final plat for the subdivision to be known as The Grove at Pantherwoods - Replat, and authorize staff to proceed with its final processing. 4. PUBLIC WORKS A·I.n I o(w('Îv y~~\; y ~' JAB. Sod Contract - Consider staff recommendation to approve the contract with J & M Sod, Inc., and authorize the Chairman to sign the contract. RFQ No. 01-050 / Lennard Road PD&E Study - Consider staff recommendation to approve the three firms shortlisted to submit proposals for the Lennard Road PD&E Study. c. Resolution No. 01-171 - Consider staff recommendation to adopt the resolution establishing the intersection of Lennard Road and Jennings Road / Maslan Avenue as a four (4) way stop intersection. '-" CONSENT AGENDA JULy 10,2001 PAGE TWO ...., 5. COUNTY ATTORNEY A. US Government Lease No. 631 - Consider staff recommendation to approve the Lease Agreement for a period of five (5) years. B. Tourism Advertising Grant Agreement / Main Street Fort Pierce, Inc. - Consider staff recommendation to approve the proposed advertising grant agreement, and authorize the Chairman to sign the agreement. C. Lease Agreement / Request for Early Termination - Consider staff recommendation to grant Jeffrey Hardwick's request for immediate termination of his lease agreement, and grant permission to advertise the property for lease. 6. AIRPORT Contract Extension - Consider staff recommendation to approve the contract extension for the Agreement dated May 4, 1999, Contract for Maintenance Agreement (Contract No. C99-05-413) to maintain the Instrument Landing System (ILS) air navigation equipment at St. Lucie County International Airport. 7. COMMUNITY SERVICES A. Resolution No. 01-159 / Grant Application - Consider staff recommendation to approve the resolution, application and contract for the FY01/02 Trip/Equipment Grant with the Commission for the Transportation Disadvantaged, and authorize the Chairman to sign all documents necessary to execute the application. B. Budget Resolution No. 01-169 - Consider staff recommendation to approve the budget resolution and accept the contract with the Department of Juvenile Justice for the Delinquency Prevention Grant titled St. Lucie County Mental Health Collaborative in the amount of $99,999.99, and authorize the Chairman to sign all documents necessary for the grant. 8. MANAGEMENT AND BUDGET A. Grant Application - Consider staff recommendation to grant approval for submission of the Local Law Enforcement Block Grant application on behalf of the St. Lucie County Sheriff's Office, and authorize the County Administrator to sign the electronic application. B. Grant Application - Consider staff recommendation to grant approval for submission of the State Criminal Alien Grant application on behalf of the St. Lucie County Sheriff's Office, and authorize the County Administrator to sign the application. ~ ""'" CONSENT AGENDA JULY 10, 2001 PAGE THREE 8. MANAGEMENT AND BUDGET (CONTINUED) C. Budget Resolution No. 01-170 - Consider staff recommendation to approve the budget resolution to appropriate and expend funds from the FDOT Airport Taxiway "A" Extension Grant. 9. INFORMATION TECHNOLOGY Master Lease Agreement - Consider staff recommendation to grant permission to enter into a Master Lease Agreement with Government Capital Corporation with reference to the Howard Computers to be acquired under the terms and conditions outlined in the agreement. 10. ADMINISTRATION Recreation Update - Staff will forward a written report to the Board. '-' ,..." JULY 10,2001 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 AM., then public hearings will be heard at 9:00 AM. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. ~, MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 AM., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-" ...." www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 Dist¡ict 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA July 10, 2001 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held June 25, 2001. 2. PROCLAMATIONS I PRESENTATIONS I ANNOUNCEMENTS A. Presentation - WIRA/wpSL Xmas Kids, Inc. will present a $10,000 donation for St. Lucie County Summer Programs. B. Resolution No. 01-160 - Remembering Marcus A. Giger for his outstanding service as Superintendent of Parks for St. Lucie County, Florida. C. Presentation - Economic Development will present the FEDC Award to the Board for "Advertising-Ad Campaign for a Medium Sized Community". D. Staff will provide an update to the Board regarding the Boat Facility Siting Workshop. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boara at these meetings will need a record ofthe proceedmgs and for such purpose may neell to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing_upon request. Anyone with a disability requiring accommodation to attend this meeting sliould contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' 'WI REGULAR AGENDA JULY 10, 2001 PAGE TWO PUBUC HEARINGS There are no public hearings scheduled for July 10, 2001. ~. End of Public Hearings ~LIC WORKS Resolution No. 01-161 / Becker Road M.S.B.U. Final Hearing / Paving and Drainage Improvements - Consider staff recommendation to adopt the resolution approving the Final Assessment Roll for the Becker Road Municipal Services Unit. 7. CO~IMUNITY DEVELOPMENT ~ Growth Investment Grant - Consider staff recommendation to amend the Job / Gr~..vth Investment Grant to add a bonus of 10% for companies seeking JGIG grants that hire "local contractors" for construction work related to the business's expansion. 8. ATTORNEY Sunrise Theatre Grant Agreement - Consider staff recommendation to approve the grant agreement and authorize the Chairman to sign the agreement. ~ Communications Services Tax Simplification Law - Consider staff ./". recommendation to (1) determine whether to adopt Resolution No. 01-167 increasing the Local Communications Services Tax by an additional 0.24% in lieu of requiring and collecting permit fees from communication service providers and (2) determine whether to adopt Resolution No. 01-168 imposing the maximum rate of 1.6%. '-" 'WI REGULAR AGENDA JULY 10, 2001 PAGE THREE 9. AIRPORT Funding Request - Consider staff recommendation to approve the funding request to the Federal Aviation Administration (FAA), and the Florida Department of Transportation (FDOT) for the preparation of the Environmental Assessment by HNTB in the amount of $277,000 for the proposed new parallel runway 9L/27R at St. Lucie County International Airport. 10. ADMINISTRATION Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards on which they serve. t (;;, / ~£J¡) 65, S-V':> ;//:A5 he-#JC <!J - fÝ'L- L¡,7-J fÞ~' --~ ~~l.p- ¡- ~ fl' '-" ..., CONSENT AGENDA Julv 10. 2001 1. WARRANTS LIST Approve warrants list No. 39 and No. 40 2. PARKS AND RECREATION A WIRA/wpSL Xmas Kids, Inc. - Consider staff recommendation to accept the $10,000 donation from WIRA/wpSL Xmas Kids, Inc. B. Budget Resolution No. 01-166 / Pepsi Bottling Group - Consider staff recommendation to approve the budget resolution and accept the $10,000 "Exclusive Rights Payment"from the Pepsi Bottling Company. C. Grant Application - Consider staff recommendation to authorize the County Administrator to sign the Land and Water Conservation Fund Program grant application for passive and active recreational improvements at the Ancient Oaks park site. 3. COMMUNITY DEVELOPMENT A. Cypress Point - Consider staff recommendation to approve the final plat for the subdivision to be known as Cypress Point, and authorize staff to proceed with its final processing. B. The Grove at Pantherwoods - Consider staffrecommendation to approve the final plat for the subdivision to be known as The Grove at Pantherwoods - Replat, and authorize staff to proceed with its final processing. ÞPUBLIC WORKS . Sod Contract - Consider staff recommendation to approve the contract with ~ ( 1 J & M Sod, Inc., and authorize the Chairman to sign the contract. B. RFQ No. 01-050 / Lennard Road PD&E Study - Consider staff recommendation to approve the three firms shortlisted to submit proposals for the Lennard Road PD&E Study. C. Resolution No. 01-171 - Consider staff recommendation to adopt the resolution establishing the intersection of Lennard Road and Jennings Road / Maslan Avenue as a four (4) way stop intersection. "-' CONSENT AGENDA JULy 10,2001 PAGE TWO ..., 5. COUNTY ATTORNEY A. US Government Lease No. 631 - Consider staff recommendation to approve the Lease Agreement for a period of five (5) years. B. Tourism Advertising Grant Agreement / Main Street Fort Pierce, Inc. - Consider staff recommendation to approve the proposed advertising grant agreement, and authorize the Chairman to sign the agreement. C. Lease Agreement / Request for Early Termination - Consider staff recommendation to grant Jeffrey Hardwick's request for immediate termination of his lease agreement, and grant permission to advertise the property for lease. 6. AIRPORT Contract Extension - Consider staff recommendation to approve the contract extension for the Agreement dated May 4, 1999, Contract for Maintenance Agreement (Contract No. C99-05-413) to maintain the Instrument Landing System (ILS) air navigation equipment at St. Lucie County International Airport. 7. COMMUNITY SERVICES A. Resolution No. 01-159 / Grant Application - Consider staff recommendation to approve the resolution, application and contract for the FY01/02 Trip/Equipment Grant with the Commission for the Transportation Disadvantaged, and authorize the Chairman to sign all documents necessary to execute the application. B. Budget Resolution No. 01-169 - Consider staff recommendation to approve the budget resolution and accept the contract with the Department of Juvenile Justice for the Delinquency Prevention Grant titled St. Lucie County Mental Health Collaborative in the amount of $99,999.99, and authorize the Chairman to sign all documents necessary for the grant. 8. MANAGEMENT AND BUDGET A. Grant Application - Consider staff recommendation to grant approval for submission of the Local Law Enforcement Block Grant application on behalf of the St. Lucie County Sheriff's Office, and authorize the County Administrator to sign the electronic application. B. Grant Application - Consider staff recommendation to grant approval for submission of the State Criminal Alien Grant application on behalf of the St. Lucie County Sheriffs Office, and authorize the County Administrator to sign the application. '-" ..., CONSENT AGENDA JULY 10, 2001 PAGE THREE 8. MANAGEMENT AND BUDGET (CONTINUED) C. Budget Resolution No. 01-170 - Consider staff recommendation to approve the budget resolution to appropriate and expend funds from the FDOT Airport Taxiway "A" Extension Grant. 9. INFORMATION TECHNOLOGY Master Lease Agreement - Consider staff recommendation to grant permission to enter into a Master Lease Agreement with Government Capital Corporation with reference to the Howard Computers to be acquired under the terms and conditions outlined in the agreement. 10. ADMINISTRATION Recreation Update - Staff will forward a written report to the Board. '-" ""'" BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 25, 2001 Tape: 1-2 Convened: 9:00 a.m. Adjoumed:1O:51 a.m. Commissioners Present: Chainnan, Frannie Hutchinson, Doug Coward, Cliff Barnes, Paula A. Lewis, John D. Bmhn Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyrc, County Attorney, Ray Wazny, Public Works Director, Paul Phillips, Airport Director, Roger Shinn, Central Services Director, Dennis Murphy, Asst. Community Development Director, David Rodriguez, Human Resources Director, Bill Blazak, Utilities Director, Marie Gouin, M & B Manager, Gayla Barwick, Tourism Director; Don West, County Engineer, Don Cole, Acquisitions Manager, A Millie Delgado, Deputy Clerk 1. MINUTES (1-023) It was moved by Com. Bmhn, seconded by Com. Lewis, to approve the minutes of the meeting held June 19,2001; and, upon roll call, motion carried unanimously. 2. PROCLAMA TIONS/PRESENT ATIONS/ ANNOUNCEMENTS A. Five-Star Restoration Site Bronze Plaque Presentation- Staff presented a plaque to the Board on behalf of the National Association of Counties, the U.S. Environmental Protection Agency and National Oceanic and Atmospheric Administration for the Blind Creek Dune Restoration Project. B. The St. Lucie County Investment Committee representative, Bev Rushin, presented the Committee's recommendations to the Board on Investment Policies. C. Announcement/The July 3, 2001 and the August 7,2001 BCC meetings have been cancelled. D. Thc next Strategic Planning Session with the BCC will be held on JuJy 9, 2001 at 9:00 a.m. at the Environmental Learning Center. 3. GENERAL PUBLIC COMMENTS Mr. Ed McKay, Hutchinson Island resident addressed the Board regarding articles on the bridge constmcted in Florida by Fig Engineering and the problems noted in articles. He requested the Board take a stand on the proposed Walton Road Toll Bridge. -1- '-" ...." 4. CONSENT AGENDA (1-860) It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 38. 2. PARKS AND RECREATION . A. Equipment Request No. 01-267- The Board approved the equipment request for the purchase of a Flexible Steel Drag Mat in the amount of $927.40. B. Resolution No. 01-156- The Board approved the resolution amending the fees and policies for the Savannas Recreation Area. C. Resolution No. 01-151- The Board approved the resolution naming the building that will house the Smithsonian Marine Ecosystems Exhibit, the liSt. Lucie County Marine Center" . 3. PUBLIC SAFETY Budget Amendment No. 01-159- Equipment Request No. 01-268 and Equipment Request No. 01-269- The Board approved declaring an emergency waived the standard bid process and approved the budget amendment and equipment requests for the purchase of a generator and enclosure. 4. PUBLIC WORKS A. Manatee Protection Plan Contract Amendment- The Board approved the amendment to the contract with Florida Fish and Wildlife Conservation Commission as reviewed and approved by the County Attorney, and authorized the Chairman to execute the amendment. B. Platt's Creek Water Quality Improvement ProjectlEPA Section 319 Grant Application- The Board approved submitting a grant application for $380,000 and authorized the Chairman to sign the grant application. C. Savannas Ecosystem Management Project- The Board approved granting authorization to submit an EP A Section Nonpoint Source Management Program grant application tö FDEP in the requested amount of $600,000 for the Indian River Estates/Savannas Ecosystem Management Project and authorized the Chairman to sign the application. D. Resolution No. 01-150- The Board approved the resolution naming the Oxbow Eco Center A- St. Lucie County Environmental Learning Center. 5. COUNTY ATTORNEY A. Economic Development Council of S1. Lucie County/Investment Partnership Fee- The Board approved the proposed contract with the Economic Development Council of St. Lucie County and authorized the Chairmàn to sign the contract upon receipt of the signed originals from the Council. -2- 06/22/01 F'7.ABWARR FoUND 001 001117 001124 001128 001130 001243 00·1258 001259 001269 001809 101 101002 101003 101006 101210 102 102001 105 107 107002 107003 - ì 1 116 117 119 123 136 138 140 140001 160 183 183001 183004 183213 186 186204 304 310003 316 362 382 401 401221 418 .:1')1 a51 a61 an ~91 :;01 505 305001 ;10 ;11 ;25 '-" ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #38- 16-JUN-2001 TO 22-JUN-2001 FUND SUMMARY TITLE General Fund FTA 49 USC Sec 5307 98/99 FTA USC Section 5307 FY 99/00 Section 112/MPO/FHWA/P1anning FY01 TC Community Action Agency FYOO/01 Childern's Environ. Learning Center TDC Planning Grant FYOO/01 Emergency Mgmt. Prep & Asst. FY 00/ FDEP-Urban Mobile Lab Grant 01/02 SFWMD-F1oridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees New County Health Building Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday pines Fund Queens Cove Lighting Dist#13 Fund Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Port & Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court OSCA-Article V Transcribing 00101 Recycling Operating Fund Recycling & Education Grant FYOOj01 Communication System Fund Impact Fees-Public Buildings County Capital Sports Complex Improv Fund Environmental Land Capital Fund Sanitary Landfill Fund Wast Tire Grant FYOOj01 Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Information Technology Fund Health Insurance Fund Property/Casualty Insurance Fund Service Garage Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 426,236.93 672.25 160.81 1,761.49 338.12 700.00 241. 87 1,923.42 396.66 108.20 117,465.58 42,305.08 272,170.63 1,211.84 23,720.82 23,556.74 17,799.75 4,773.71 251,103.65 84.24 87.40 197.91 436.02 483.21 120.63 698.73 245.48 1,278.16 103.84 15,796.76 391.41 1,354.47 951. 21 684.03 819.27 8,271.00 1,032.98 344.32 3,476.15 10,000.01 120,750.43 55,181. 00 258,399.15 363,865.38 1,762.80 51,900.80 486.40 86,923.31 9,230.76 11,170.11 3,420.34 8,965.97 31,720.11 922.29 2,929.08 16,914.68 5,829.89 5,068.05 2,268,945.33 ...., PAGE 1 PAYROLL 328,478.11 0.00 2,173.83 3,965.28 0.00 0.00 565.68 0.00 1,188.80 1,188.80 113,138.80 0.00 0.00 0.00 0.00 67,278.76 3,924.00 2,194.40 80,958.27 383.34 1,150.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,469.27 0.00 2,411.48 4,386.64 ,1,088.18 2,673 .72 0.00 1,808.32 602.78 0.00 0.00 0.00 0.00 0.00 33,078.65 0.00 19,777.36 180.46 3,686.73 ., 606.51 11,511 . 32 4,153.76 21,487.93 69,710.55 3,055.55 1,707.53 9,467.13 3,127.62 0.00 807,579.57 ., '-" ...".¡ B. Teamsters Local Union No. 769/Proposed Second Amendment to the October 1, 1999 Collective Bargaining Agreement- The Board approved the proposed second amendment to the Collective Bargaining Agreement with Teamsters Local Union No. 769 and authorized the Chairman to sign the amendment. C. Tax Deed Certificates County Owned/Tax Deed:Application- The Board approved Budget Amendment No. 01-160. D. Savanna Club Apartments/Subordination of Conservation Easement- The Board approved the Consent and Subordination and authorized the Chairman to si~n the Consent and Subordination. . . 6. MANAGEMENT/BUDGET A. Budget Resolution No. 01-154- The Board approve~ accepting the Bulletproof Vests Grant Award ITom the US Department of Justice in the amount of$2,270.95 and . authorized the County Administrator to sign the electronic grant award documents and approved the budget resolution to appropriate and expend the funds. B. Budget Resolution No. 01-155- The Board approved the budget resolution to appropriate and expend the funds for the $400,000 Airport fire Equipment Grant awarded by the Florida Department of Transportation. . . .. 7. CENTRAL SERVICES Contract Amendment- The Board approved the Second Amendment to the contract with Electrical Materials Installation, Inc., to modify the p9,yment schedule for Phase II to provide two payment draws (total $40,570). 8. ADMINISTRATION Recreation Update- Staff forwarded a written update to the Board. REGULAR AGENDA 5. PUBLIC HEARINGS A. Resolution No. 01-157 and Resolution No. 01-158- Senior Ministry Services, Inc., Project- Consider staff recommendation to approve the resolution approving the project and the resolution authorizing issuance of bonds. It was moved by Com. Coward, secondcC: b;,' Com. Bar.r.es, to approve Resolution No. 01-157; and, upon roll call, motion carried unanimously. Resolution No.01-158- It was moved by Com. Lewis, seconded by Com. Bruhn, to approve Resolution No. 01-158; and, upon roll call, motion carried unanimously. 6. PUBLIC WORKS (1-1102) Resolution No. 01-149- Consider staff recommendation to adopt the resolution approving the Final Assessment Roll for the Briargate Municipal Services Benefit Unit. It was moved by Com. Bruhn, seconded by Com. Coward, to approve Resolution No. 01-149; and, upon roll call, motion carried unanimously. -3- '-" ." 7. COMMUNITY DEVELOPMENT (1-1161) Resolution No. 01-120 Sunrise Ford Addition- Consider staff recommendation to'àpprove the resolution granting a Major Site Plan Approval for the construction of a 52,500 sq. ~. automobile dealership. Mr. Tom Knott, LB & H addressed the Board on this issue. It was moved by Com. Coward, secondeà by Com. Le.,.¡¡s, to approve Resolution No. 01-120 subject to the conditions as noted on the staff report as well as including the amendment waiver; and, upon roll call, motion carried unanimously. 8. COUNTY ATTORNEY (1-11421) Resolution No. 01-153- Consider staff recommendation to adopt the resolution endorsing Amtrak Passenger Service on the East Coast of Florida and encouraging the Florida Legislature through the Florida Department of Transportation to fund the necessary improvements to achieve passenger service with a passenger station to be located in the City ofFt. Pierce. It was moved by Com. Coward, seconded by Com. Ea.mes, to approve Resolution No. 01-153; and, upon roll call, motion carried unanimously. 9. ADMINISTRATION (1-1467) . , A. Tourist Development Council Request for Proposals for Promotional Services for October 1,2001 through September 30,2002. Consider staff recommendation to issue the attached RFP for Promotional Services for Tourism for the 2002 Fiscal Year. It was moved by Com. Coward, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. B. County Commission Redistricting - Consider staff recommendation to accept the staff report and hold further action until Fall 2001. It was the consensus of the Board to accept the staff report and hold further action until Fall 2001. C. Bi- Weekly Reports - The Board gave updates on the various committees and advisory boards they serve on. COUNTY ATTORNEY (1-2240) RA-l Local Option Gas Tax Division ofProcœds Beginning September 1, 2001- Consider staff recommendation that the Board detennine whether to approve the annual detennination set out above and direct the County Attorney to notify the Department of Revenue ofthe redetennination by July 1,2001. The Board questioned the city of Port 81. Lucie's actions regarding their expenditures. They had concerns about inclusion of road work actually paid for by the 81. Lucie West Services District using bond proceeds. The District was not able to address all of those issues before the July 1 st deadline. The County Attomey clarified the situ::1.ti,:~~ ')"~d ~tat~dth~ statute clearly excludes using bond proceeds and he believes the reason for this is, that is tlbr..df.' to "kew the numbers. You can use the debt service from year to year and explained how this could be done. -4- '-' ., The County Attorney stated they could go ahead with the numbers as presented not accepting the city of Port St. Lucie's proposed numbers and then try to detennine after the fact, whether those issues of bond proceeds and St. Lucie West Services are real issues or not. The other option is to exclude those numbers make a decision that they were bond proceeds and not properly included and then approve a re-calculated number, the city would then have the opportunity to contest this. Mr. Walter England, City of Port St. Lucie stated he was not prepared to debate this issue. The County Attorney has well explained the situation. The èity did enter into an agreement with St. Lucie West to construct the roads, they were built and they did go out for bid. They did administer the construction work and ha.T1dled the invoicing for the job. From that standpoint, the County Attorney is entirely correct. He stated he thought that at this time the process has suggested is appropriate. He is not legally prepared to answer. The County Attorney stated the main issue was the bond issue and advised the Board of the options. The Board discussed the options. The County Attorney stated he believed the county does not include bond proceeds in their figures. Mr. England advised the Board of adjustments which have been made in the past by the county as well as other agencies. Com. Barnes suggested staffbe directed to submit what is legally proper and have the County Attorney make that decision. The bond proceeds should not be included. The County Attorney suggested condu<::t,ing an:mdit ~f all thc entities including the county for the past five years, giving them certainty that they al-:::.þein,g tr~:1ted fairly. Ms. Mary Jean Navaretta, Asst. City Attorney for Port St. Lucie addressed the Board and stated she needed to assert the city's position. She stated the city of Port St. Lucie has not had ample opportunity to be responsive and would like to point out that the County Administrator stated that if the Board does accept staffrecommendatlOn, and it is detennined that an expenditure submitted should not be included, it will be taken into account retroactively into next year's fommla. Certainly, the city of Port St. Lucie is relying on this representation that it will be retroactively applied and not that the fonnula is going to be some how is going to be re- detem1ined this year since obviously time is of the essence. Ms. Navaretta concurred with Com. Barnes' concerns with the date approaching. She would like to rely on the County Administrator's representation that it would be a retroactive application. Com. Barnes stated he was not going to vote to include this lrnowing there were bond proceeds based on the city's statements that then: '.;¡.;;:~, "",hell -;tqffStated they should not be included. Com. Coward commented on the timing issue and when staff was aware of the problem. -5- '-' ,.., The County Administrator advised the Board that they had previously requested information from the city on this issue and as of Friday they h~~ not received a response. At that time, they decided to have several staff members on speaker phone with the City Manager, Mr. Cooper explaining to him that the county had not received information back from the city and that they were looking into the situation. The County Administrator followed up with a letter to Mr. Cooper and also to Mr. Beach and St. LllI*~"yplag~~ ,This did not occur ovemight and the June 21 SI letter was not the first piece of correspondence pertàining to this issue. Ms. Navaretta referenced a memo dated June 6th, 2001 from the County Attorney. The last paragraph stated that Management and Budget was not able to address this issue before the July 1 st deadline. ' Com. Coward read the preceeding language of the paragraph and why Management and Budget could not address this issue due to the fact they were trying to obtain information. Management and Budget Analyst, Gary Pardue addressed the question as presented by Com. Coward and stated they did receive a letter from the city on June 5th and after reading it he sent the letter to the County Attorney for his review, however, he was on vacation and the Asst. County Attorney was going to look into the situation. When the County Attorney returned, he stated he had already had contact with the city regarding this issue. Staff has made an attempt to .. . reconcile this issue. ',," .. . ..' The County Attorney advised the Board of his conversation with Mr. England back in May of this year regarding the issue and read a portion of the letter he sent to Mr. England dated May 21, 2001. The City Attorney was copied on this letter. Ms. Navaretta stated the City Attorney had surgery last week and she was not familiar with this situation. The County Attorney addressed the options and sugge'sted also writing for the Attorney Generals opinion on this issue. It was moved by Com. Barnes, seconded by Com. Lewis, to accept and send the state the formulation that excludes the discussed expenditures for bond proceeds but including the debt payment that appears to be accurate. Also, direct staffto exclude any other expenditure that any other government agency including the county which we may presently know also are improper due to bond proceeds or any other failure to ['')I1-:.w the ~tiltute. Also that we invite the two cities and the Village to participate in an audit with the colinty ~or tl'::: last 5 or 10 years, so that we are all on the same page and avoid these types of disagreements in the future since the statute seems to be very clear, and also to include the 'request for the Attorney General's opinion; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court '. .' '. . . -6- "'" , '-"" ...., AGENDA REQUEST ITEMNO.~ DATE: July 10,2001 REGULAR [X] PUBLIC HEARlNG [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 01-160 - Remembering Marcus A. Giger for his outstanding service as Superintendent of Parks for St. Lucie County, Florida. BACKGROUND: On May 12,2001, Marcus A. Giger passed away; seventeen years after retiring from his position as Superintendent of Parks for St. Lucie County, Florida. This Board believes Mr. Giger should be remembered for his talent and years of dedicated service in furtherance of the public good. The attached Resolution No. 01-160 has been drafted for that purpose at the request of Commissioner Bruhn. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 01-160 as drafted. COMMISSION ACTION: &>:] APPROVED [] DENIED [ ] OTHER: 5-0 las Anderson ty Administrator County Attorney: Originating Dept. ~ v3L Review and Approvals Management & Budget Other: Finance: (Check for Copy only, if applicable)___ Purchasing Other: ....." Eff. 5/96 ,,' I \.I "'-" RESOLUTION NO. 01-160 A RESOLUTION REMEMBERING MARCUS A. GIGER FOR HIS OUTST ANDING SERVICE AS SUPERINTENDENT OF PARKS FOR ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations: 1. On May 12, 2001, Marcus A. Giger passed away; seventeen years after retiring from his position as Superintendent of Parks for S1. Lucie County, Florida. 2. From April of 1965, through April of 1984, Marcus A. Giger efficiently, competently, and untiringly served this Board, and in turn the citizens ofS1. Lucie County. 3. Marcus A. Giger spearheaded numerous landscaping and beautification projects throughout St. Lucie County. 4. This Board should remember the talent and years of dedicated service that Marcus A. Giger had rendered in furtherance of the public good. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby remember Marcus A. Giger for his outstanding service as Superintendent of Parks for 81. Lucie County, Florida. 2. The County Administrator is hereby directed to extend the sympathy of this Board to Mrs. Mary Ruth Giger in the passing of her husband; and is hereby further directed to forward a copy of this resolution to Mrs. Mary Ruth Giger, and family, as a token of Mr. Giger's dedication for the betterment of S1. Lucie County, Florida. PASSED AND DULY ADOPTED this 10th day of July, 2001. i I' "-' "wII ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY L: '-" AGENDA REQUEST ITEM NO~& DATE: July 10, 2001 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: (~:~Jp~~ County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Becker Road M.S.B.U Final Hearing Paving and Drainage Improvements BACKGROUND: See Attached Memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: September 5, 1995 - Second Public Hearing held. Board created the MSBU; approved the preliminary assessment roll and authorized the County Engineer to proceed with the project. January 10,1995 - Board determined that the creation of the MSBU is in the best interest of the County. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-161 approving the Final Assessment Roll for the Becker Road Municipal Services Benefit Unit. COMMISSION ACTION: [x] APPROVED [ ] OTHER: 5-0 [ ] DENIED NCE: .~ [x]County Attorney r [X]P~bliC work~µ1~' [x ]Flnance # Coordlnatlon/SI¡¡natures [x ]Mgt. & Budget tIIJ [x ]Co. Eng ..i\.t~· ( [ ]Purchasing [Other '-' ~ COMMISSION REVIEW: July 10, 2001 ENGINEERING MEMORANDUM NO. 01-171 TO: Board of County Commissioners FROM: Donald B. West, County Engineer DATE: June 27,2001 SUBJECT: Becker Road M.S.B.U. Final Hearing Paving and Drainage Improvements BACKGROUND: On January 10, 1995, the Board adopted Resolution No. 95-012 initially determining that the creation of the Becker Road MSBU to fund the cost of a project to construct a portion of a realigned Becker Road was in the best interest of St. Lucie County. On September 5, 1995, the Board adopted Resolution No. 95-164 which created the MSBU; approved the preliminary assessment roll for the MSBU; and authorized the County Engineer to proceed with the Project. The project has been completed and final costs are twenty-seven (27%) lower than the preliminary assessment. The annual payments will be reduced to reflect the final assessment amount. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-161 approving the Final Assessment Roll for the Becker Road Municipal Services Benefit Unit. DBW/brp Attachment cc: Staff Concurring Linda Smith, Tax Collector Supr/Data Base Adm. Property Appraiser g:\wp\msbu\becker\agafinal. wpd '-' ~ RESOLUTION NO. 01-161 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ADOPTING THE FINAL ASSESSMENT ROLL FOR THE BECKER ROAD MUNICIPAL SERVICES BENEFIT UNIT AND CREDITING THE ASSESSED PROPERTIES AS SET FORTH· IN THE FINAL ROLL; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on January 10, 1995, pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances and Compiled Laws (the "Code"), the Board of County Commissioners for St. Lucie County (the "Board") adopted Resolution No. 95-012 initially determining that the creation of the Becker Road Municipal Services Benefit Unit (the "Becker Road MSBU") to fund the cost of a project to construct a portion of a realigned Becker Road (the "Project") is in the best interest of St. Lucie County; a copy of a map showing the boundaries of the Becker Road MSBU is attached as Exhibit "A"; and WHEREAS, on March 13, 1995, the City Council of the City of Port st. Lucie, adopted Ordinance No. 95-14 authorizing St. Lucie County to create a MSBU within the boundaries of the City of Port S1. Lucie to construct and improve Becker Road; and WHEREAS, on September 5, 1995, the Board adopted Resolution No. 95-164 creating the Becker Road MSBU; and thereby, (1) adopted the Preliminary Assessment Roll for the Becker Road MSBU which was based on the estimated costs for the Project, (2) authorized the levy of a special non-ad valorem assessment (the "Special Assessment") within the Becker Road MSBU in the amount set forth in the Preliminary Assessment Roll, (3) authorized the collection of the Special Assessment by the uniform method of collection pursuant to Chapter 197, Florida Statutes, beginning with the tax bill for1997 for a period of 20 years, and (4) authorized the County Engineer to proceed with the Project; and WHEREAS, on December 17, 1996 pursuant to Section 197.3632, Florida Statutes, the Board adopted Resolution No. 96-252 which stated the Board's intent to use the uniform method of collecting the Special Assessments levied by the Becker Road MSBU; and -1- '-' ,."., WHEREAS, on July 10, 2001, the Board reviewed the fmal costs for the completed Project and determined that the final costs are lower than the estimated costs as set forth in the Preliminary Assessment Roll and therefore the Special Assessments should be credited in accordance with Section 1-13.5-7 of the Code as set forth in the Final Assessment Roll (Exhibit "BIT). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for St. Lucie County, Florida, as follows: Section 1: The Final Assessment Roll for the Becker Road MSBU (Exhibit "B") is hereby approved and confirmed and the Final Assessment Roll is substituted for the Preliminary Assessment Roll in accordance with the provisions of Chapter 1-13.5-7 of the Code to reflect the credits for the fmal Project costs. Section 2: Except for the substitution of the Final Assessment Roll for the Preliminary Assessment Roll, all of the findings, determinations, and actions made or taken by the Board pursuant to Resolutions Nos. 95-012, 95-164, and 96-252, including but not limited to the collection of the Special Assessments by the uniform method beginning with the tax bill for 1997 for a period of 20 years, shall remain in full force and effect and apply equally to the Final Assessment Roll. Section 3: This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 10th day of July, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -2- I '-' , } - } ...., /........ EXHIBIT "A" DESCRIPTION: BECKER ROAD MSBU AU. OF THE RECORDED PLAT OF PORT ST. LUCIE SECI10N THIRTY EIGHT AS RECORDED IN PLAT BOOK IS, PAGES 29, 29A- 29X, OF THE PUBUC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND THAT PORTION OF LAND IN SECI10N 34, TOWNSHIP 37 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LYING EAST OF THE SUNSHINE STATE PARKWAY (FLORIDA'S 111RNPIKE) AND LYING NORTIl OF TIlE SOUTH FLORIDA WATER MANAGEMENT DISTRICT CANAL C-23, LESS TIlAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 447, PAGE 2313, OF TIlE PUBLIC RECORDS OF ST. LUCIE OCUNTY, FLORIDA; TOGETIIER wmI THE FOU.OWING PORTIONS OF THE RECORDED PLAT OF PORT ST. LUCIE SECTION TIlIRTY NINE AS RECORDED IN PLAT BOOK 15, PAGES 30, 30A-30NN, OF THE PUBUC RECORDS OF ST. LUCIE COUNTY, FLORIDA: (IN SECTION 21, TOWNSHIP 37 SOUTIl, RANGE 40 EAS]) THAT PORTION OF TRACT "r AND SOUTHBEND BOUVELARD LYING SOUTHERLY OF THE EASTERLY PROLONGATION OF THE NORTHERLY LOT LINE OF LOT 2 OF LOCK 2684; THAT AREA WEST OF SOUTHBEND BOUVELARD LYING SOUTHERLY OF TIlAT PORTION OF TIlE NORTHERLY LINE OF TRACT "W" BETWEEN THE SUNSHINE STATE PARKWAY AND KANE LANE AND LYING SOUTIlERLY OF TIlE SOUTHERLY RIGHT-OF-WAY LINES OF KANE LANE AND LYING SOUTHERLY OF TIlE SOUTHERLY RIGHT-OF-WAY LINE OF THAT PORTION OF WEST SNOW ROAD LYING EAST OF KANE LANE, LESS LOTS 1 TIIROUGH 7 AND THE DRAINAGERIGHT-OF-W A Y IN BLOCK 2695; 'IRACT "U" AND TRACT "BB" , LESS THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 456, PAGE 2655, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; (IN SECTION 27, TOWNSHIP 37 SOUTH, RANGE 40 EAS]) TIlAT AREA LYING GENERALLY SOUTIlERLY OF TIlE FOU.OWING DESCRIBED LINE: BEGINNING AT TIlE INTERSECTION OF THE NORTHERLY LINE OF A 100 FOOT WIDE DRAINAGE RIGHT-OF-WAY AND TIlE WEST LINE OF SAID SECI10N 27 (AS SHOWN IN PLAT BOOK 15, PAGE 30U); RUN TIlENCE SOUTHEASTERLY ALONG SAID NORTIlERLY LINE TO THE END OF SAID LINE AS SHOWN ON TIlE PLAT; THENCE RUN SOUTIIWESTERLY 100 FEET TO A POINT OF CURVATURE LOCAlED ON THE NORTIlERLY LINE OF TRACT "QQ"; THENCE RUN ALONG THE SAID NORTHERLY LINE OF TRACT "QQ", SOUTIlEASTERLY, EASTERLY, NORTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY TO A POINT OF REVERSE CURVATURE AND THE SOUTHERLY END OF A CURVE HAVING A RADIUS OF 114.18 FEET (AS SHOWN IN PLAT BOOK 15, PAGES 30U AND 30V); TIlENCE RUN SOUTHEASTERLY ACROSS A DRAINAGE RIGHT-OF-WAY TO A POINT OF CURVATURE AND TIlE EASTERLY END OF A CURVE HAVING A RADIUS OF 195.00 FEET, SAID POINT LYING GENERALLY NORTH OF WEBB COURT (AS SHOWN IN PLAT BOOK 15, PAGE 30V); THENCE RUN NORTHEASTERLY ALONG THE NORTIlERLY LINE OF TRACT "QQ" A DISTANCE OF 30 FEET; THENCE RUN NORTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE TO TIlE CENTERLINE OF THE WATERS OFWINTER'S CREEK; THENCE RUN NORTHEASTERLY ALONG THE CENTERLINE OF TIlE WATER OF SAID WINTER'S CREEK TO THE NORTH LINE OF SAID SECTION 27; (IN SECTION 28, TOWNSHIP 37 SOUTH, RANGE 40 EAS]) ALL THAT PLATTED AREA LESS THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 754, PAGE 791 AND OFFICIAL RECORDS BOOK 456, PAGE 2655 OF THE PUBLIC RECORDS OF ST. 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'tv o co -(,) m .þ. » (J (J C1> '-"(J (,)(J ......3 C1> ::J ~ " o §, - ,,» 5' 3 II> 0 -s:: ;:!. V> co :...¡ o ..... ë.n OJ OJ en» .c (J , (J ..-."C1>" .þ. 0 (J 5' -9.~~ ~2: C1> C1> (fl Q (:) c.o .... N N c.o » :;o¡:¡ !!Lm,," ~ (/ ª 5' en 3 !!!. ~ ::I .... ~ . ()OJ »m r() ();:<; cm ç::u :j::Uen oo- z ». OOr "enc ,,\JQ -mm zQ()- »»0» rrcOJ "»zr cen-m I=en-<o m· »en" enenr ens::O mm::U en - enZo s::-» mO z- -~ ~2;! -() m- I,'-'-~'-- , To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSI W APPROVED D OTHER '-' .."", Agenda Request Item Number 7 Date: July 10,2001 Consent Regular Public Hearing leg. [ ] [ ] [ X ] [ ] Quasi-JD [ Board of County Commissioners Community Development Dep1. 5-0 Changes to the Job Growth Investment Grant (JGIG) program to provid for additional bonuses for those companies that are involved in new construction 0 expansion of existing facilities in S1. Lucie County and that hire "local contractors" to do the new construction or expansion. In April of 1994, the Board of County Commissioners initiated the Job Growth Investment Grant (JG/G) program in an effort to stimulate job growth in S1. Lucie County. The grants issued through this program are structured to provide bonuses to local employers based on certain criteria, including the number of local hires and wages that exceed the local average hourly wages. Recently, staff has been requested to the Job Growth Investment Grant Committee a proposal that that would provide for additional bonuses for those companies that are involved in new construction or expansion of existing facilities and that hire "local contractors" to do the new construction or expansion. On May 22, 2001, the Job Growth Investment Grant Committee met and unanimously recommended adding "local contractors" to the bonus criteria of the grant. i,cßVr ~ V g;lD ¡,,_v ~ JI~Y Staff recommends amending the Job Growth Investment Grant program as provided for in the attached agreement. This amendment would add a bonus of 10% for those companies seeking JGIG grants that hire "local contractors" for construction work related to the business's expansion. (St. Luci ounty Contractors) DENIED Douglas M, Anderson County Administrator County Attorney Originating Dept.: Finance: Coordination/ S!9~es Mgt. & Budget: .-11)( 1) Other: Purchasing: Other: (AGEND561 ) '-' ~ COMMUNITY DEVELOPMENT DEPARTMENT Administration Division MEMORANDUM TO: County Commission FROM: Dennis Murphy, Interim Community Development Director DATE: July 2, 2001 SUBJECT: Changes to the Job Growth Investment Grant (JGIG) program to provide for additional bonuses for those companies that are involved in new construction or expansion of existing facilities in S1. Lucie County and that hire "local contractors" to do the new construction or expansion. In April of 1994, the Board of County Commissioners initiated the Job Growth Investment Grant (JG/G) program in an effort to stimulate job growth in St. Lucie County. The grants issued through this program are structured to provide bonuses to local employers based on certain criteria, including the number of local hires and wages that exceed the local average hourly wages. Recently, staff has been requested to the Job Growth Investment Grant Committee a proposal that that would provide for additional bonuses for those companies that are involved in new construction or expansion of existing facilities and that hire "local contractors" to do the new construction or expansion. On May 22, 2001, the Job Growth Investment Grant Committee met and unanimously recommended adding "local contractors" to the bonus criteria of the grant. Staff recommends amending the Job Growth Investment Grant program as provided for in the attached agreement. This amendment would add a bonus of 10% for those companies seeking JGIG grants that hire "local contractors" for construction work related to the business's expansion. The additional bonus is shown on page 10 of the agreement and identified by underlining and italics. If you have any questions on this matter, please let us know. lopment Director OJM/ attachment JGIGeconomlc1(h) cc County Administra10r County Attorney Economic Development Manager Job Growth Investment Grant Commtte8 '-" 'WI ST. LUCI:E COUNTY JOB GROWTH I:NVESTMENT GRANT AGREEMENT THI:S AGREEMENT is made as of the day of , 2001 by and between St. Lucie County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY and ( ) as individuaL ( ) a partnership, ( ) a corporation authorized to do business in the State of Florida, hereinafter referred to as the COMPANY, whose Federal I.D. or social security number is WIT N E SSE T H: WHEREAS, it is the policy of the COUNTY to stimulate short term economic growth in St. Lucie County, by either attracting new businesses to St. Lucie County or by encouraging the expansion of existing businesses within St. Lucie County; and WHEREAS, the creation of new employment opportunities for residents of St. Lucie County and the increased tax revenues resulting from such business expansion or relocation with St. Lucie County is beneficial to the local economy; and WHEREAS, the Board of County Commissioners has determined that offering a Job Growth Investment Program encourages either businesses to expand or new businesses to enter St. Lucie County and thereby create new employment opportunities for the residents of St. Lucie County; and WHEREAS, St. Lucie County, through its Board of County Commissioners, has created a Job Growth Investment Fund; and WHEREAS, the COMPANY will either relocate to St. Lucie County or expand its existing business in St. Lucie County and thereby create certain new employment opportunities at a certain average salary level in St. Lucie County in accordance with the Job Growth Investment Grant Program criteria if the COUNTY provides to the Company a Job Growth Investment Grant; and WHEREAS, the COMPANY has been determined to be eligible to receive a Job Growth Investment Grant by the COUNTY's Job Growth Investment Grant Review Committee and Economic Development Division; and WHEREAS, the COMPANY acknowledges that this Agreement shall be based upon proven performance of the requirements of these grant procedures; and, WHEREAS, the COUNTY finds and declares that it is in the public interest to award a Job Growth Investment Grant to COMPANY pursuant to the terms of this Agreement. G:economic/manager/JGIG/JGIGagreement June 29, 2001 - 1 - '-' """" NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: 1. Definitions. As used in this Agreement, the following terms shall mean: a. "Annual Average Wage" - includes salary, bonuses, and commissions. The Top Executive salary shall not be included in the average wage calculations. b. "Default" Agreement. failure to comply with the terms of the c. "Effective Date" - shall have the meaning set forth in Paragraph 3.A. herein. d. "Expansion of an existing business" A business establishing 5 or more jobs to employ 5 or more full-time employees in the County provided that such business increases operations on a site owned by the same business resulting in a net increase in employment of not less than 10 percent. e. g. h. 2. 3. "Full-time Equivalent Job" total payroll hours per year then, divided by 35 hours. shall be established by divided by 52 weeks and f. "JGI Fund(s)" - shall mean Job Growth Investment Fund(s). "New Business" - a business establishing 5 or more jobs to employ 5 or more full-time employees in the County within the term of the grant provided that such business first begins operations on a site in the County clearly separate from any other operation owned by the same business. "St. Lucie County Average Wage" - As determined by State of Florida Department of Labor, Workforce Development Board or Enterprise Florida, Inc., the average annual wage per job in St. Lucie County. Term; Termination. This Agreement shall be effective upon the date of execution of this contract by both parties hereto, and shall automatically terminate two (2) years after the Effective Date unless terminated earlier by the County because of a default by the COMPANY. Grant Eligibility; Payment Schedule. G:economic/manager/JGIG/JGIGagreement June 29, 2001 - 2 - '-" ....,I a. The COMPANY will be eligible for a Job Growth Investment Grant (hereinafter a "Grant") of an amount up to $ which Grant shall be payable as follows: 2 Year funding: Year 1 - 50%; Year 2 - 50%. The two (2) year period will begin on or the date the Company first hires employees, whichever date first occurs (the MEffective Date"). The County shall pay $ per Full-Time Equivalent Job. Bonus criteria shall apply as set forth in Exhibit MB". b. Eligibility Determination; Payment. The initial eligibility determination for payment of the JGI Funds shall be made on the first anniversary of the Effective Date. Subsequent eligibility determinations shall be made at each subsequent anniversary of the Effective Date. Payment of JGI Funds shall be made within forty- five (45) days after the date the COMPANY submits the last annual unemployment compensation report comprising the Annual Job Status Report (as defined in Paragraph 7), and this payment obligation shall survive the termination of this Agreement. Notwithstanding the foregoing, should the date for filing the last annual unemployment compensation report, as described above, not coincide with the date that an eligibility determination is made, the COMPANY shall have the right to file a report, in form substantially similar to an annual unemployment compensation report, and in such event, such report shall constitute the Annual Job Status Report, the filing of which shall begin the running of the forty-five (45)-day period within which payment shall be made. 4. Relocation Commitment. As a condition precedent to, and as consideration for obtaining JGI funds from COUNTY, the COMPANY agrees to locate or expand its business operations to St. Lucie County for a period of at least six (6) years to a suitable site as described on Exhibit "A", which is attached hereto and made a part hereof. 5. Job Creation Commitment. As a further condition precedent to, and as consideration for obtaining JGI funds from COUNTY, the COMPANY agrees to create a minimum of Full-Time Equivalent Jobs in St. Lucie County as more specifically set forth on Exhibit "B", which is attached hereto and made a part hereof. The COMPANY's failure to maintain its job creation commitment for anyone year will result in the forfeiture of the Grant amount for those Full-Time Equivalent Jobs not created it was scheduled to receive for that year; however, such forfeiture will not preclude the COMPANY's receipt of G:economic/manager/JGIG/JGIGagreement June 29, 2001 - 3 - \..; """" scheduled Grant amounts for subsequent years in which it is able to maintain its job creation commitment. 6. Salary Level Commitment. As a further condition precedent to and as consideration for obtaining JGI funds from COUNTY, COMPANY agrees to pay an average wage of not less than ____ per hour annually for those jobs which are eligible for grants hereunder which wage shall be adjusted for inflation to conform to the County's growth rate as determined by the Department of Labor without taking into account the value of any benefits. The COMPANY shall provide written verification satisfactory to COUNTY to such average salaries in accordance wi th the provisions of paragraph 7 herein below. The COMPANY'S failure to maintain its salary level commitment for anyone year will result in the forfeiture of the Grant amount for those Full-Time Equivalent Jobs where the salary commitment was not maintained it was scheduled to receive for that year ¡ however, such forfeiture will not preclude the COMPANY's receipt of scheduled Grant amounts for subsequent years in which it is able to maintain its salary level commitment. 7. Annual Job Status. The COMPANY must provide the COUNTY with quarterly unemployment compensation reports (Form UC6) of its business operations within St. Lucie County on the State form UC6 as amended which is attached hereto and made a part hereof as Exhibit "C". The COMPANY shall provide the reports at the same time it provides the State of Florida with the reports but no less frequently than semi-annually. The cumulative unemployment compensation reports required to be filed for the annual period prior to each eligibility determination shall collectively comprise the Annual Job Status Report. 8. Grant Restriction. The JGI funds available under this Agreement as referenced in paragraph 2 will be provided only for reimbursement of expenses associated with the physical move, relocation and/or expansion of the COMPANY to St. Lucie County including but not limited to corporate or company relocation expenses, infrastructure costs, leasehold improvements, company sponsored child day care facilities, rent for company facilities, lease buyouts, training expenses and other expenses approved by the Job Growth Investment Grant Team. 9. Default¡ Termination. In the event COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, the COUNTY may, at its option, terminate this Agreement. G:economic/manager/JGIG/JGIGagreement June 29, 2001 - 4 - '-' .""" 10. Indemnification. For ten and 0/100 ($10.00) dollars consideration, receipt of which is hereby acknowledged, the COMPANY shall indemnify and save harmless and defend the COUNTY, its servants, and employees from and against any and all claims, liabilities, losses, and/or cause of action which may arise from any negligent act or omission of the COMPANY, its agents, servants, or employees in the performance of services under this Agreement. 11. Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in St. Lucie County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 12. Lobbyist Certification. The COMPANY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the COMPANY to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the COMPANY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 13. No Discrimination Certification. The COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 14. Attorneys' Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. G:economic/manager/JGIG/JGIGagreement June 29, 2001 - 5 - '-' '>..,,/ 15. Enforceability. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The COMPANY'S failure to maintain its job creation commitment or salary level commitment for anyone year will result in the forfeiture of the Grant amount it was scheduled to receive for that year¡ however, such forfeiture will not preclude COMPANY'S receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation and salary level commitment. 16. Assignment. COMPANY shall not assign this Agreement to any other persons or firm without first obtaining COUNTY'S written approval. 17. Conflict of Interest. The COMPANY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner wi th the performance of services required hereunder, as provided for in Florida Statutes 112.311. The COMPANY further represents that no person having any interest shall be employed for said performance. 18. Notices. All notices required in this Agreement shall be sent by certified mail, return receipt requested and if sent to the COUNTY shall be mailed to: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 and if sent to the COMPANY shall be mailed to (current, official address): 19. Entire Agreement. The COUNTY and the COMPANY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and condi tions contained in this Agreement may be added to, G:economic/manager/JGIG/JGIGagreement June 29, 2001 - 6 - '-' -...,J modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the Board of County Commissioners of St. Lucie County, Florida, has made and executed this Agreement on behalf of the COUNTY and COMPANY has hereunto set its hand the day and year above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: County Attorney WITNESSES: COMPANY BY: Title Typed Name (Corporate Seal) G,economic/manager/JGIG/JGIGagreement June 29, 2001 - 7 - '-" ....I EXHIBIT II A n TO THE JOB GROWTH INVESTMENT GRANT AGREEMENT BETWEEN ST. LUCIE COUNTY AND (COMPANY) (To be completed by Program Administrator) Company Identification and Information: Applicant code number: Application date: Company description: Company new location address: Company new mailing address (notify County of new address when known) : G:economic/manager/JGIG/JGIGagreement June 29, 2001 - 8 - '-" ~ EXHIBIT nB" TO THE JOB GROWTH INVESTMENT GRANT AGREEMENT BETWEEN ST. LUCIE COUNTY AND (COMPANY) (To be completed by Program Administrator) I. Target Industry Category eligible for application. Qualified companies will fall in either the manufacturing and related industries, or high tech/high wage industry sectors (as defined by Enterprise Florida), or energy sector: Aviation/Engineering (eligible for 10% cluster bonus) Agriculture/Aquaculture/Food Processing (eligible for 10% cluster bonus) Business/Financial Services (eligible for 10% cluster bonus) Computers and Electronics Industries (eligible for 10% cluster bonus) Biotech/Medical/Pharmaceutical Industries (eligible for 10% cluster bonus) Marine Manufacturing Industries (eligible for 10% cluster bonus) Sports/Recreation Manufacturing Industry (eligible for 10% cluster bonus) Research & Development related industries (eligible for 10% cluster bonus) Companies that utilize green technologies (eligible for 10% cluster bonus) National Corporate Headquarters (eligible for 10% cluster bonus) Other (not eligible for cluster bonus) II. Application Section Criteria: Expansion (____ or jobs) New Business (#___ of jobs) Relocation (____ or jobs) III. Employment Commitment: COMPANY it wi 11 County: is receiving this grant based upon its representation that bring the following employment opportunities to St. Lucie 1) Total number of employees (new and existing) expected during term of grant New, full time employees (eligible for grant application) expected during term of grant % of County residents (to be verified by employee's quarterly unemployment compensation report) Average salary of all employees to be employed by company except for Top Salary Average salary; St. Lucie County average Capital Investment Amount (Building improvements, equipment etc). (TO BE COMPLETED BY PROGRAM ADMINISTRATOR) 2) 3) 4) 5) 6 ) ____ G:economic/manager/JGIG/JGIGagreement June 29, 2001 - 9 - '-" ..., GRANT AWARD CALCULATION NOT TO EXCEED $200,000 MAXIMUM, INCLUDING BONUSES IV. Grant Amount: Base Amount ( x Dollars per job) (# of jobs) Bonuses (use 10% x base amount on each of the following: 50 or more total jobs (10% bonus) 50% or more local hires (10% bonus) 75% or more local hires (20% bonus) 90% or more local hires (25% bonus) Average salary for applicant's jobs will be 125% of St. Lucie County average salary (10% bonus) Average salary for applicant's jobs will be 150% of St. Lucie County average salary (20% bonus) Average salary for applicant's jobs will be 175% of St. Lucie County average salary (25% bonus) Targeted industries (as identified under I, page 9) Use of local contractors for construction activity (10%) Total Bonuses Total Grant (base amount + total bonuses) + Road Impact Fee Reimbursement Total Grant (including road impact fee) G:economic/manager/JGIG/JGIGagreement June 29, 2001 - 10 - '-' ..¡ EXHIBIT "C" Attach a copy of use 6 For.m G:economic/manager/JGIG/JGIGagreement June 29, 2001 - 11 - \.,.; .....1 JOB GROWTH J:NVESTMENT (JGJ:G) PROGRAM PROCESS Application Review, Approval and Funding: 1. Board of County Commissioners (BCC) adopted JGIG Program guidelines. 2. BCC established funding for JGIG Program. 3. BCC establishes a Job Growth Investment Grant Review Team (Review Team) comprised of six members whose composition includes One (1) Economic Development Council Representative, One (1) representative each the from City of Fort Pierce, and the City of Port St. Lucie (appointed by the City Manager), one (1) representative from the business community; and two (2) from the County appointed by the County Administrator. 4. The St. Lucie County Board of County Commissioners (SLCBCC) Economic Development Division (EDD) produces collateral material promoting JGIG Program and application forms. 5. Applicants will submit written project details to the SLCBCC EDD and the Program Administrator including anticipated number of new hires during the term of the grant, job descriptions with starting salaries, benefits packages, training programs and capital investment. The grant agreement shall be performance based. 6. SLCBCC EDD receives and screens applicants for qualification recommendation. 7. SLCBCC EDD submits all applications to the Review Team for consideration and/or approval. 8. Applications recommended for approval are to be submitted to the Program Administrator for verification and presentation to the Board of County Commissioners. 9. The Program Administrator shall inform the applicant, by letter, of the Review Team's recommendation and the date, time and place the Board of County Commissioners will consider the approval. 10. JGIG grant agreements are presented to the Board of County Commissioners for approval and execution (consent agenda when standard contract is adhered to and regular agenda when standard contract is not used, indicating the effective date of contract if not the BCC approval date of grant agreement). 11. Community Development Director (COD) receives invoices with receipt documentation from approved applicants, checks the invoices, removes all invoices ineligible for reimbursement, and G:economic/manager/JGIG/JGIGagreement June 29, 2001 - 12 - '-" .'WJI makes a determination of compliance with grant agreement/JGI fund program. 12. OBM approves invoices and submits item to Clerk of BCC (Finance Department) for audit and payment. 13. If there is any dispute over the eligibility of costs submitted for reimbursement, then such dispute shall be submitted to the Review Team for recommendation. The Review Team shall refer unresolved issues to the BCC for review and action. 14. The Program Administrator will monitor COMPANY regularly to confirm compliance with targeted hiring goal. 15. COMPANY will supply quarterly unemployment compensation reports to the Program Administrator as required by the agreement, and documentation as necessary to the Program Administrator, for use by SLCBCC in its annual report to BCC at the end of the 12-month period following operational start up, demonstrating that the job creation and salary level commitment were achieved. The COMPANY's failure to maintain its job creation or salary level commitment for anyone year will result in the forfeiture of the Grant amount it was scheduled to receive for that year; however, such forfeiture will not preclude the COMPANY's receipt of scheduled Grant amounts for this subsequent years in which it is able to maintain its job creation and salary level commitment. 16. The Program Administrator will monitor COMPANY annually to determine its economic impact of its relocations or expansions. G:economic/manager/JGIG/JGIGagreement June 29, 2001 - 13 - I. "'" ~ JOB GROWTH INVESTMENT (JGI ) FUND JOB GROWTH INVESTMENT PROGRAM CRITERIA Fund Administration: 1. Job Growth Investment Fund ("Fund") monies will be managed and dispensed by the St. Lucie County Board of County Commissioners ("Board"). 2. The St. Lucie County Economic Development Division (SLCEDD) will be the executive agent for accepting applications for Fund monies. The SLCEDD will review each application received to ascertain the extent to which it meets the criteria presented below. A copy of the application will be forwarded to the Program Administrator. The SLCEDD will recommend consistent applications to the Job Growth Investment Grant Review Team for review on a weekly basis. 3. The Review Team must evaluate and, if appropriate, render a preliminary commitment (approval) within fourteen (14) days of the SLCEDD Director's presentation, and schedule each approved application for final consideration at the next available meeting of the Board, but not more than fourteen (14) days from Review Team action. This time criterion for Board consideration may be extended upon request of the SLCEDD or by the Board or the Program Administrator. 4. Recognizing that the funds for the Job Growth Investment Fund Program are limited, the Commission may prioritize, approve, disapprove and/or modify grant awards (including awarding of authorized bonuses) for the program at its sole discretion. II. Application Selection Criteria: 1. Any industry expansion within St. Lucie County or relocation to the County that encompasses: Aviation/Engineering, Agriculture/Aquaculture Food processing, Business and Financial Services, Computers and Electronics Industries, Biotech/Medical/Pharmaceutical Industries, Marine Manufacturing Industries, National Corporate Headquarters, Sports/Recreation Manufacturing Industry, Research & Development-related Industries, industries that utilize "Green" technologies and other industries. 2. Expansion/relocation will create ten percent of total employment or more, paying (an average of) at least 100% of St. Lucie County's Private Sector average salary/wage level. A lower average wage may be accepted by the BOCC if the impact is off-set by the number of jobs created or by a large investment into the community or addresses a special need of the community. G:economic(manage~(JGIG(JGIGag~eement June 29, 2001 - 14 - '-'" ....,¡ 3. The total direct economic impact of the project to the County including the number, type, and quality of the jobs and capital investment which will be produced in the County during the construction of the project and thereafter; and 4. The direct economic impact of the project to the County including the number, type, and quality of jobs benefits offered, capital investment and whether the company is in a targeted industry which will be produced in the County as a result of suppliers, service providers and vendors serving the project. XII. Grant Limits: 1. The maximum for grant award is a maximum of $2,000 per new- job created; larger per job awards are possible for those companies meeting Bonus Criteria. 2. The maximum grant award is $200,000, including bonuses with the flexibility to increase the cap for outstanding projects upon recommendation of the SLCEDD, the Review Team and approval by the Board. 1 3. Unless otherwise determined by the Board, the grant award will be phased in over a two (2) year period as follows: Year 2 (grant awards of less than $25,000) (a) Year 1 50% of grant ) Jon anniversary date (b) Year 2 50% of grant ) Year 6 - Grant Awards of more than $25,000 (a) Year 1 20% of grant ) (b) Year 2 20% of grant Jon anniversary date (c) Year 3 20% of grant ) (d) Year 4 20% of grant (e) Year 5 10% of grant (f) Year 6 10% of grant 4. Funding awarded per job created. 5. Bonuses may not allow a company to exceed the maximum award cap of $200,000.00 without BOCC approval. (a) Company line of business is within the industry clusters identified in Exhibit "B", Section I; or (b) Job Growth within 12 months exceeds 50 jobs or 10% of total employment. G:economic/manager/JGIG/JGIGagreernent June 29, 2001 - 15 - · .. . '-" ,..." (c) The average per-job salary/wage projected in a subject application is greater than 125% of St. Lucie County's average private sector salary/wage (10% bonus); jobs greater than 150% of St. Lucie County's average private sector salary/wage level (20% bonus); jobs greater than 175% of St. Lucie County's average private sector salary/wage level (25%) bonus. (d) In addition to the bonus criteria set out above, a 10% bonus may be awarded if at least 50% of jobs are filled by residents of the County who have resided in the County at least one (1) year prior to the application; a 20% bonus if that number exceeds 75%; and a 25% bonus if the percentage of local hires is at or above 90%. f The grant award amount will be based upon the number of jobs created. ~ IV. Funding Awarded I JOBS CREATED AMOUNT PER JOB 5 -19 20-49 50-99 100-149 150 and over $1,000.00 $1,250.00 $1,500.00 $1,750.00 $2,000.00 V. Reimbursement of County Road Impact Fee Payments Any business that applies for and qualifies under the JGIG program, may, as part of the JGIG, apply for reimbursement of County Road Impact Fees for new construction associated with the expansion or relocation. G:economic/manager/JGIG/JGIGagreement June 29. 2001 - 16 - 'y AGENDA REQUEST """" ITEM NO. ~A ~ DATE: July 10, 2001 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PREsENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Sunrise Theatre Grant Agreement jy9 ~ / .(1 [' ,AJ- I)' ~ '7) '''' f v II / r ,¡VI )/ It'\ /1/ /:T ~ ' fJP/'oJ¡ . ;¡J v Iì ~¡¡ () J /r C) ~I ,...... / II' o ú/ RECOMMEND A TION: Staff recommends that the Board approve the Grant Agreement and authorize the Chairman to sign the Agreement. BACKGROUND: See attached memorandum FUNDS AVAILABLE: QtJ , PREVIOUS ACTION: [Xl APPROVED [ ] DENIED [ ] OTHER: As amended - Amend to prevent sale of property without County consent. ouglas Anderson County Administrator COMMISSION ACTION: County Attorney: lCJi Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng,: Finance; (Check for Copy only. if applicable) Eff. 5/96 '-' ....¡ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-933 DATE: June 28, 2001 SUBJECT: Sunrise Theatre Grant Agreement ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On May 1, 2001, a majority of the Board voted to contribute $1,000,000.00 toward rehabilitation of the Sunrise Theatre. Attached to this memorandum is a copy of a draft Grant Agreement between the County and Sunrise Theatre, Inc. and St. Lucie Preservation Association, Inc. The Agreement provides that beginning on the later of (a) October 1, 2001 or (b) the date when the grant recipient enters into a contract with a contractor to perform at least 80~o of the cost of renovations needed to rebuild the Sunrise Theatre, the County will disburse $1,000,000.00 to the Recipient on a reimbursement basis. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Grant Agreement and authorize the Chairman to sign the Agreement. DSM/caf Attachment '-" ""'" GRANT AGREEMENT THIS AGREEMENT made and entered into this day of June, 2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" and ST. LUCIE PRESERVATION ASSOCIATION, INC., a not for profit Florida corporation, and SUNRISE THEATRE, INC., a not for profit Florida corporation, hereinafter collectively referred to as the "Recipient". WIT N E SSE T H: WHEREAS, the Sunrise Theatre, located at 117 S. Second Street, Fort Pierce, the legal description of which is attached to and incorporated into this Agreement as Exhibit "A", is identified in the City of Fort Pierce Comprehensive Plan as a site of historical significance; and, WHEREAS, the Sunrise Theatre is deemed an important historical building where, for years, it was the only large theatre in the County and is a worthy example of development of Main Street as it is a mixed-use building and, if re-opened, will become an anchor for downtown Fort Pierce redevelopment and will be the principal element of an entertainment district including restaurants, small speciality retailers and the like; and, WHEREAS, there is currently underway an active effort by community organizations to renovate, rebuild and revitalize the Sunrise Theatre for public events which will have the effect of energizing the downtown area of Fort Pierce; and, 4 WHEREAS, such community-based organizations include the Sunrise Theatre, Inc. and St. Lucie Preservation Association, Inc.; and, WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, determines that a valid public purpose would be served and it is in the best interest of the citizens of St. Lucie County to support rehabilitation of the Sunrise Theatre; and, WHEREAS, on May 1, 2001, a majority of the Board of County Commissioners of St. Lucie County, Florida, adopted a motion to contribute $1,000,000.00 toward rehabilitation of the Sunrise Theatre subject to the provisions of this Agreement. NOW, THEREFORE, the parties do hereby agree as follows: g:\atty\agreemnt\SL Preservatian -1- '-" ,.." 1. Beginning on the later of (a) October 1, 2001; or (b) the date when the Recipient enters into a contract with a contractor to perform at least 80'7'0 of the cost ~ « renovations needed to rebuild the Sunrise Theatre, County agrees to disburse funds to (T Recipient in the total sum of $1,000,000.00. Payment to the Recipient shall be made on a reimbursement basis based on paid receipts submitted by the Recipient. Payment by the County shall be made no more often than once per month. 2. All grant funds from the County to Recipient shall be used solely for the purpose of renovation, rehabilitation, and construction work directly related to the· Sunrise Theatre" restoration project. Recipient agrees to submit to County written progress and status reports, through the County Administrator, on a quarterly basis or more frequently if requested, and other reports as may be reasonably requested by the County, including, but not limited to such reports which provide a detailed and itemized list of all expenditures for the restoration project. . 3. The Recipient agrees to keep all necessary books and records, including property, personal and financial records, in connection with the operation and services performed under this Agreement, and shall further document all transactions so that all expenditures may be properly audited. The Recipient expressly agrees that no funds received by it through this Agreement shall be used for any purpose outside the scope of those recommendations set out in the attached report except that the parties may jointly agree in writing hereinafter to such further uses for the funds as may be necessary to promote the rehabilitation of the Theatre. If a subsequent audit reveals the grant was not used according to this Agreement, any money not So used shall be reimbursed to the County. . 4. The Recipient agrees that the Grantor or any authorized representative may have access to and the right to examine all records, boòks, papers, or documents related to the rehabilitation project and the Recipient warrants that all such project records, books, papers and documents will be retained for a period of not less than five (5) years after the project terminates. 5. The Recipient agrees to obtain all necessary permits for intended improvements or activities within the scope of funding provided for by this Agreement, which improvements and activities shall be completed within a reasonable period of time. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 6. The County shall not be responsible or liable for any debts, actions, obligations, negligence or liabilities committed by or incurred by the Recipient, its staff or clientele and g:\otty\agreemnt\SL Preservation -2- .'-' ..., the Recipient hereby agrees to defend, hold harmless, and indemnify the Grantor from and against any and all liabilities for debts, obligations, and negligence. No payment, however, final or otherwise shall operate to release the Recipient from any obligations under this Agreement. 7. Nothing contained in this Agreement is intended to, nor shall it be construed in any manner to create or establish an employer-employee relationship, joint venture, partnership, or any other legal relationship between the parties, nor shall any employee or agent of the Sub-Recipient by virtue of this Agreement be an employee of the County for any purpose whatsoever, nor shall any employee or agent of the Recipient be entitled to any of the rights, privileges or benefits of the County's employees. The Recipient shall be deemed at all times an independent contractor and shall be wholly responsible fo rthe manner in which it performs the services required of it by the terms of this Agreement. The Recipient assumes exclusively the responsibility for the acts of its employees or agents as they relate to the services to be provided during the course and scope of their employment. Under no circumstances shall the County be deemed a contractor, employer or project owner for purposes of Section 440.10, Florida Statutes. . 8. The Recipient shall maintain at all times a general policy or policies of insurance so as to insure the work in progress, including coverage for public liability, fire, flood, workers compensation and comprehensive loss, such policy or policies to be underwritten in a sum satisfactory to the County and wherein copies of certificates of such coverage shall be produced to the County prior to conveyance of the sums herein provided for. 4 , 9. The Grantee covenants and agrees that the building restored with public funds shall remain open and available to general public. This covenant shall survive the termination of this Agreement and shall run with the property and shall bind the Grantee a,m:!. their respective successors and assigns. Clø~ ~ W CJ CJ '/0- ¿..- ~ I . 10. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Boarcl of County Commissioners of St. Lucie County, Florida. ': as appropriate. 11. The Recipient warrants and represents that it possesses the authority to enter into this Agreement, that there are no restrictions or prohibitions contained in any Article of Incorporation or By-law against entering into this Agreement, and that is possesses the authority and ability to undertake all obligations required of it in this Agreement. g:\atty\agreemnt\5L Preservatian -3- '-' .J 12. The County reserves the right to terminate this Agreement or to reduce the contract funding provided for herein, or to obtain reimbursement of monies previously paid if the Recipient: a. Fails to file required reports; or b. Materially fails to comply with any provision of this Agreement; or c. Expends funds under this Agreement for activities, services, or items outside the scope of what is provided for herein. 13. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and if through mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon the application of either party this Agreement shall forthwith be physically amended to make such insertion or correction. . 14. This Agreement shall be signed by both parties in recordable form and shall be recorded in the Public Records of St. Lucie County, Florida. This Agreement may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both parties. ~ ~ I ! 15. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: With a copy to: , St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 To the Recipient: St. Lucie Preservation Association, Inc. and Sunrise Theatre, Inc. 115 South Second Street Fort Pierce, Florida 34950 g:\atty\agreemnt\SL Preservatian -4- , . , . \w- ..,; IN WITNESS WHEREOf, the County and the Recipient, togther with the intended third party beneficiary have executed this Agreement as of the date first above written. ATTEST: BOARD Of COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Deputy Clerk Chairman APPROVED AS TO fORM AND CORRECTNEss: J BY: County Attorney I ST. LUCIE PRESERVATION ASSOCIATION, INC. Secretary President t . 'I ATTEST: BY: SUNRISE THEATRE, INC. . ATTEST: BY: Secretary President g: \atty\agreemnt\SL Preservatian -5- """ ..r' AGENDA REQUEST ....,J ITEM NO. 18' '-' DATE: July 10, 2001 REGULAR [XX] PUBLIC HEARING [] J ~ r~o/ ~,\ c.f'" h( .~ Daniel S. McIntyre ,\~ [I ,i'lI./' County Attorney l'Xilo .... ,.)1/,.) ..\.. / 1 f( u I ,J'!I / Þ \}, 6V- f' SUBJECT: Communications Services Tax Simplification Law / /)~IY"\. ~~ ~ ~ ì ... 0,tý Q;,¥ /1'/0.(1\ 1 IJI."'~ .. \l-v r;tp/ 'i 17(17 !!PI ø (> ,-() r ð' (~. o~h!1> ,'V l.)d'~ JÝ~~~, L{ . "0c11" ' 'V ;1 :')11' "'¡'" .b 1,~"'/oS.7I\~ Q i ill' rIJ*' ~ \ (ø .J 0 "\ '71' if).~ 1P.tpf I ,~"/6 (;..''1) r I1W·A,.L1 / ¡}Y,-f /..~~ . 2..,,#/0 1'1"<;S~ y '1) {If t -.::--r -tr-- / ..,,1¡l-tC \ Dp,,{....'Q" $I I (J, 8~lL I cJ f/ \/ y c--~r RECOMMENDATION: Staff recommends the Board: (1) Determine whether to adopt Resolution No. 01-167 increasing the Local Communications Services Tax by an additional 0.24% in lieu of requiring and collecting permit fees from communication service providers and (2) Determine whether to adopt Resolution No. 01-f'ð7 imposing the maximum rate of 1.6% Ilol> CONSENT [] TO: BOARD Of COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney BACKGROUND: See attached memorandum fUNDS AVAILABLE: PREVIOUS ACTION: [~APPROVED [ ] DENIED [ ] OTHER: (1) Resolution 01-167 - Approved (2) Resolution 01-168 - Approved o las Anderson unty Administrator COMMISSION ACTION: County Attorney: 8;J/ Review and Approvals Management & BUdge~ m~ Public Works Dir: Purchasing: Originating Dept. COWlty Eng. : Finance: (Check for Copy only, if applicable) Eff. 5/96 ....... """"" INTER-OFFICE MEMORANDUM ST. LUcrE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-940 DATE: July 2, 2001 SUBJECT: Communications Services Tax Simplification Law ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: Effective July 1, 2000, the Florida Legislature enacted Florida's Communications Services Tax Simplification Act. This law established a new uniform tax structure for communications service providers. Attached to the memorandum are copies of two documents: Memorandum dated June 25, 2001 from Bob McKee, Governmental Liaison for the Florida Association of Counties Letter dated June 29, 2001 from Jorge Cruz-Bustillo, Esquire The memorandum from Mr. McKee contains a summary of the July 16, 2001 deadlines for action under the Communication Services Tax Simplification Act. The letter from Mr. Cruz analyzes the effect of the Act on St. Lucie County. As indicated in the memorandum and letter, there are two actions to which the July 16, 2001 deadline applies. The first is a permit fee option where counties must choose whether to charge permit fees of no more than $100.00 to communication service providers for their use of county right-of-way, or determine to not collect permit fees but increase the '-" ...., County's conversion rate by 0.245. The second decision allows counties to increase their conversion rate up to the maximum rate (1.60/0). With regard to the permit fee option, County staff recommends that the Board not charge permit fees but opt to increase the conversion rate by 0.24/0. It is staff's understanding that most of the non-charter counties in the state are choosing this option. In this regard, Mr. Cruz-Bustillo has provided a copy of draft Resolution No. 01-167, a copy of which is attached. This resolution, if adopted, would increase the Local Communications Services Tax by an additional 0.24/0 in lieu of requiring and collecting permit fees from communication services providers. With regard to the tax rate option, Mr. Cruz-Bustillo has also drafted Resolution No. 01-168, a copy of which is attached, for the Board's consideration. T' olution, if 1, 2001. For the Board's information, an estimate of current an cable franchise fees and communications services taxes follows: Estimated Revenues 1. Cable Franchise Fees from October 1, 2000 through September 30, 2001 $588,866 2. Communication Services Tax revenueS from October 1,2001 to September 30, 2002 using conversion rate of 1.2/0 $546,192 3. Communication Services Tax revenues from October 1, 2001 to September 30, 2002 using maximum rate of 1.6/0 $729,256 '-' ..." Also attached is a copy of a letter dated July 2, 2001 from Mr. Cruz=Bustillo explaining the rationale behind the various calculations. RECOMMENDATION/CONCLUSION: Staff recommends the Board: (1) Determine whether to adopt Resolution No. 01-167 increasing the Local Communications Services Tax by an additional 0.24~o in lieu of requiring and collecting permit fees from communication service providers. (2) Determine whether to adopt Resolution No. 01-168 imposing the maximum rate of1.6~o. DSM/caf Attachments Ju¡~OHOD1 02:15pm F,om-L,-"ITZ & ASSOC, +305S30E41! T-563 ,...'JC<./003 HOB LEIBOWITZ 8. ASSOCLA::rES, P.A. Josr,.... A, IIELI:!iU JQRGe ~. ~Ru¡:-a UST'LLO It-A 1... ,.I:LO f"Arr"'~w L, LrlElOWITZ $COTT A. ROl!lrN TMOMAS I-ì. Wh.LA.M5, ..iR. SUITt: r4~O :SUN'rRU1>T INT!:..NATION....L <:rNTtR ON. $OVTHe:A$'r THII'ID "vrNUt MIAÞr1J, F~OIiõi¡CÂ. 33t,3I..1715 Tt~E:""'ON¡; ~:3051 630,':>~i' TEL£t:O"'tl'l (30,",) 530,"''',7 I!:-M...n. i'irm@b'Qadlaw,com July 2, 2001 VIA U.S. MAIL & FACSIMILE (561) 462-1440 Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue 3 rd Floor Administration Annex Fort Pierce, FL 34982·5652 Re: New Communications Services Tax Sìmp/ificorion L.nv Dear Dan: This letter is in response to Our telephone conversation this morning. I will outline the esumated revenue nu.rnbers as proposed by the Department of Revenue (Department) for St. Lucie Counry under the above referenced new Law. The Department states that the County generated $499,958.00 Ü1 Fiscal Year 1999. The County's Finance Department estima¡es that the County "vill generate $588,866.00 for Fiscal Year 2001 - ending this September 30,2001. Under the new Law, if the County does nothing and allows tht,I.20% Conversion rate to go into effect, the County is estimated to generate about $546,192.00. This means that the County will run a $42,674.00 deficit. Accordingly, doing nothing is not an option for the County. The Maxinnan rate is estimated to generate about $728,256.00. It is extremely important tv point out that the new tax base established by the new Law for St. Lucie County may be oversUlted. Th~ Department of Revenue openly acknowledges that it had to guess with resp¡::ct to situsing issues: whE:te customers are actually located. We will not have areasonably accurate picture of St. Lu.;ie's new ta-x base until at least the second quarter oftìscal year 2002. While the Maximum rate may appear to be generating a surpJus for the County the number is d\!:ceiving. The new law expects local jurisdictions to establish new rates that will artempt to ensure that local govemrñents are held harmless This "hold-hannless" rlit: or "revenue neutral" rate is a rate that is established under !he new Emergency Authority provision of the new Law. O:\C~I c\:OO l\S! LI.I'::1~'I.CIlIt",·OMcrflryU-Number]ó.Tp.t...w-Q1020 r ,doe JuI-CZ-Z001 02:15pm Frcm-LI"""'iTZ & ASSOC, +3055309417 ;-563 ~03/30; F-006 Daniel S. M~ln!yr... County Attorney July 2, 20\11 Pa~e 2 The new Law requires that St. Lucie County eJWIline three items in detem1ÏllÎng what th~ County's hold-harmless rate will be. 1. Actual revenues for fiscal year 2001 (ending September 30, 200 I) 2. Five (5) year average growth 3. Take FY 2001 revenues, divide by 12, and add revenues equal ro one month. The above formula is unofficially known as the "Sum TotaL" First, St. Lucìe Counry would compare its "Sum Tota.!" against the revenues generated by the County's annualized Conversion rate of 1.20%, lfthe "Sum Total" exceeded the revenues nom the Conversion rate, then the Emergency Authority would be required to be invoked, It is 'ipparem That the County's "Sum Total" will exceed the Conversion rate revenues. Therefore, the question aris<:s as to what rate is necessary to generate revenues equal to the "Sum Total." The "Sum Total" for St. Lucie COWlty is estimated as tòllows: 1. $588,866.00 2. $ 81,000.00 3. $ 49.072.00 $718.938.00 VS. $728,256.00 (1,60%) The above comparison leaves the County with only a $9,318.00 estìmated surplus. Note: The Department of Revenue acknowledges rhat they had to guess as to situsing or customers within eachjurisdictîon. The estimated s\irplus could turn into a de:ticit very easily. Ifthe new tax base is overstated, then St. Lucie County may be required to establish a rate higher tha.,», 1.60%. Given the uncertainty of this new tax law, we recommend that the County go to ¡he Maximwn rate. If the Maximum rare does not generate sufficient revenue, then the County should invt§ e . .efgency Authority and should adjust its rate upward to ensure mat The counry establishes revenue neutra ¡ty un er e know. I hope the above information is helpful. If you have any further questions, please let. me cc: Ita L. Feld, Esq. !j; ·C;.~I,,;2~OJ ~..~ t,I.1 t.itl'.L~,OMc In~er""'-¡wll1,*¡< T.u¡.,a·....07C~ú¡ ,QCrC I.I:IBOWH"Z & ASSOC¡.1.TltS, P..A, 3U¡TE r·~50. ONE SOUTMl'.A.&r TMIAO AV£,·.HJ~. MIAMI, PLORCA 33131."''5 11 Ttr¡";;'P"ONE; (~06} !!:L:ijO..t.:)~2 J~I1-2G-20i)! ù9,S8a:r. From-L~IT! & ASSOC, +3055309417 H45-..",¡Jcn F-9gi LE:ceow:nz & ASSOCIATES, P.A. Joaf.~'" A. B~¡"~I..t: .iORG£ L CAUZ-B,USTILLO li.A l. ~~lO M,Þt.T";"'CW L. 1..ï:IE;:OWITZ SCOTT A. qOe:N r~o~A.Si Ii, WI"I.JA.r..f~ ,JR. SUIT" 14$0 Sd..Nr~U5T INYEfiNATIONÁL !:E:NTE:;,. ONE' SOUTHe::AST TI-II~D AVZ,NlJE: MIAMI. FLOklOA ~313t.f7!6 T¡;''-~Pt-lONa: <.305) 530'1~;!æ T£L.ECOPIER f~05) 630~e417 £''''''11. Firm@brœdla.....cO(,C June 29, ZOOl I /' ~ t-~ t 1>1 V{A V.S, ,,.,IAIL & FACSIMILE (561) 462-1440 Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virgini:¡. Avenue 31'4 Floor Administration Annex Fort Pierce, FL 34982-5652 Re: New Commul1icatiom' Services T4.r; Simplification Law Dear Dan; On July 1..2000, Florida's CommunicaTions Services Tax. SimpEfication Law (Law) was enacted. The Law established a new tax strucrure designed to t1eat communications service providers in a nondiscriminatory manner with respect to the compensation they have traditionall}' provided to local goverrunetlts. The n:w Law combined several different types of tuxes and fees imo a two-tiered tax composed of a state and local component. The local component is knOWll as the "Locaì Communications Services Tax." The initial adoption of the Law, in 2000, did not include the new tax rates. The initíal Law, however, did direct the Legislature to set and adopt, in the 2001 Legislative Session, the new tax rates to be applied under the new corr..munlcations tax stn¡cttlr~. The new Law created two Local Communications Services Tax rates: (1) a Conven:;ion rate, and (2) a Maximum rate. The Conversion rate Or "initial" rate varies for each local jurisdiction and W~$ based upon the size of the communications tax base for each particular localj urisdiGtion ômd the reV~:1u.es received by !hat IocaJ jurisdiction in 1999. The Conversion rate lsknown as the initial ral\': because it takes effect on Ocrober 1,2001, without any fonnal action by the local govemment. The new Law also established a Maxi.'num rate. The Maximum rate is a weighted average. The State assumed that each non-chartered county had imposed upon cable service pro\'id~rs aU available fees at their highe3t possible levels under the previous tax structure. The potenrial rna.ximum revenue fÏ'om this assumprion was then totaled. The State then divided this potenria! ma.ximum stun, by the Sum total ofthe new taxable base for each non-chartered cO\J.Ot)'. The outcome was t .6~·ú. Q '.(lIb!~uoo!\S; .;..;,;i....L.~~e~"\.."Mcrn~rt',.,.N""*~ Fax # t;' ßcf;n U,~ ' ~~f~ M~} /'(t'1v ( Jun-Z3-Z001 09,59am From-L~m ¡ ASSOC, +30553C9417 H45..,,¡o03/013 H9! Daniel S. McIntyre, County Attorney JUlie 2~, 2001 POí:c2 In the last days of the 2001 Legislative Session, a. second Ma;'\imum rate was included in th.;; new Law. This second Maximum rate, however, only applies for the period begi.nning on October 1,2001. and ending on SepIember 30,2002, The new Law therefore allows a non-chartered county, for the period beginning on October 1,2001 and ending on September 30,2002, to adjust its Conversion rate upward to the a Maximunl ra.te, which eq~als the sum of the Maximum rate established under s. 202, 19(2)(b), Florida Statutes (2001) [the original Maximum rate], plus the difference between the Conversion rates: set forth in ss. 202,20(1)(a) and (1)(b), Florida Statutes (2001). New Tax Rates On October 1,2001, the St. Lucie County will have a 1.20% Conversion rate. Twelve (12) months later, on October 1, 2002, the St. Lucie COUllty will again have a Conversion rate equal to 1.20%. This is a rare occurrence. The second Conversion rate is also known as the annualized rate. The reason there is a higher Conversion rate in the first year for almost every jurisdiction. is because the first Conversion rate is simply designed to generate revenues ìn eleven (11) months equal to that which you would have generated in twelve months \\ith the second Conversion rate. r called the Department of Revenue (Department) and asked the Department's Chid Economist, Christian Weiss. why St. Lucie County had a Conversion 1'3.te that was identical in the tirs£ and second years. Paraphrased, he told me the following: (1) the diftèrence between the two rates were within 1.10% and 1.20%, and (2) that the Department has a policy that whenever the rates are within such a range, that the Department will round up. In St. Lucie's case. both Conve!'$ion rates were rOl.lrlded up to 1.20%. As described above, for the period beghming on October I, 2001 and ending on Septemb~r 30, 2002, the Maximum rate shall be established to be the sum of the Ma.'CÎmurn rate unde, s, 202,19(2)(a), Florida Statutes (2001) which is 1.60%, plus the difference between the Conver"JCIl rates set forth in ss. 202.20(1 )(a) and (1 )(b), Florida Statutes (2001): 1.20% and 1.20% fe-spectively In St. Lucie's case thereis no difference. Accordingly, the Ma.ximum rate forthc fir~ttwel\'e months of the new Law for St. Lucie COWlty can àt most only be established tö be 1,60;¡"ó. C:'\C.I¡IC\~OO1\S~ Lu~i.<LilllUlu~tft.)'(_,..N~W'raxl..\W.oo2!)QI.fCII,; LEII\OWITZ 8< ASSOC:U,T¡¡S, P.A, $IJ'T~ 1460. ON~ 50LJTHI!:A5T THIRD AVf;NUE. ""1iA,M;. fô"L"OPuo","" 33t3'-1"'15 . TCI.E:PhQNE (.~OS) 5':-"Jö.l~a~ Jun-29-2001 09:59am From-L~m' ASSOC, +3055309417 T-545 ....,,¡o04/0 13 F-99' DanÎel S. Mcintyre, County Attorney June 29, 2oo! Pa¡¡e3 EmerQency Authority Remember, the County's Conversion rate is designed to generate revenues for fiscal year 2002 which approximate the revenues the Department of Revenue determined St. Lucie County generated for fiscal year 1999. The shoTt term issue for the County beçomes whether to invok~ cht Emergency Authority, granted under the new Law, if the revenues generated for fiscal }' ear 2002 are less than the revenues generated for fiscal year 200 1, plus an amount that equals the average gro\o',rth for (he pr~eding five years. \'Vnar is Emereencv Authority? The new Law permits local governments to invoke the Emergency Authority provision only once within the first twelve months of the new Law. If you do not use it, you lose it. It works as follows. First, the County will determine the exact amount of revenues generated from cable franchise fees for fiscal year 2001, pursUMt to the old tax structure. The County will then calculate the aVèrage gro\\'th in these revenues for the preceding five years The County will then add thes~ two numbers together to reach a number that I call the County's "Sum Total." Next, the COWlty will examine the amount of revenues the County is expected to receive for fiscal year 2002 at four separate intervals· December 31,2001; March 31, 2002; June 30, 2002, or September 30,2002. At the end of the first quaner, the County can make an approximate determination, of what it will receive for that year, by simply taking the revenues generated in the nrst quarter, multiplying that number by 4 and then dividing that number by the County's second annualized Conversion rate, This calculation should give you a realistic approximation of the amount of revenue yoU! County is expected to generate under the new Law. The next step is to compare the County's "Sum Total" against your expected revenue for fiscal year 2002, lfthe "Sum Total," under the old law, exceeds the revenues generated by the County's second annualized Conversion rate (estimated tax base u.nder the new Law), then the County can invoke the Emergency Authority. To detennine the County's new rate, the County would simply take your "Sum Total" and divide that number by the County's new estimated tax base under the new Law. Then take the resulting percentage and round it up one number. For exa.l11ple, if the resulting percentage wer¡;> 0.173, the County's ongoing percentage would be 1.74%. The intent of the new Law is revenue neutrality: that the County at least meet revenues which comprise the "Sum. Total." The only way to accomplish this is to impose a percentage rate that generates revenues that slightLy exceeds the "Sum Total" . as opposed to a percentage rate ~t does not generate revenue that Qf lr::ast meets the "Sum TotaL" G'\.ç~~h;~OO J ì:!:1 LWI t'J..cu4in'DMÇÚ)['/er·'~ewT 1XJ...~290 I.~OI;' LEIBOWITZ & ASSOCL'l.rES. P..<\.. ~Uìe t450, ONE: SOUTI"IEA3T Ti-tIAC AV!'NU~, "'fIAMI, "'-t..OR.OA 331.31.1"7 '5 . T£~;::PHO""E: t30~) S30~1':;2.~ JUI1-2,9-2ßOI ¡0:00am From-l,-"IITZ ¡ AS$OC, +305530.417 T-645~OOS/OI3 "-9.1 n.nicl S. Mdntyr~, COunty AttorDey Ju¡¡e 29, 2001 '!Iilt 4 It is impossible to establish a percentage that generates revenues equal to the "Sum Total." Accordingly, it is preferred that the CO\JJ1ty err in generating more revenue than kss, when establishing the permanent ongoing rate. The Emergency Authority provision does alìow the County to also make up the shonfalí between the onset of the new Law and the invocation of the Emergencj' Authority. This is simply done by taking the shortfall and adding it to the "Sum Total"... New "Maximum Sum Iotal." This new "Ma..ximum Sum Total" - for a lack of a better phrase - is then simply divided by the new estimated tax base under the new Law. Again, that percentage is then rounded up. This n.ew "Shortfall" percentage wiU be the County's rate for only twelve (12) months, After twelve (12) months, the County's "Shortfall" rate is automatically reduced to the pennanent "Ongoing" rate established above, The pennanent "Ongoing" rate, under the Emergency Aufuority, woulã not be ~m~cted in any way by the imposition of the new Maximum rate. The revenues generated from the n~w Maxim:.lm rate should only be compared against the shortfall, if any. To the extent that the shortíàll can ~ m<tde up by the County's imposition of the new Maximum rate, that should be taken into account. Permit Fees. The new Law also allows a non-chartered county to increase its Conversion rate by an additional O.24~'ó in lieu of requiring and collecting permit fees. The County Î!i requin:d to notify the Department of Revenue of its decision of whether to continue to collect pernút fees on or before July 16, 2001. If the County does nothing, the Department wiIl treat the County's silence as a choice not ¡o collect pennie fees And, it only follows t~at, ¡fthe County does nothing to notify the Departmçnt of its decision, the County win be prohibited from collecting pennir fees. If the County takes absolutely no action before July ló, 2001, the Depa."'tment "vill automatically begin to collect 1.20% in the first year and 1,20% in thereafter, These rates wi!! not include the additional 0.24% rate in lieu of collecting pennit fees. The ne"v Law r~qtùres ¿m affirmarive act by the local jurisdiction before the Department will collect this additional 0.24% The new Law allows that the COtU1ty's affinnative act to be by l'esolution or ordinance, Such resolution or ordinance. however. must be postmarked and sent via cel-tified lDáil on or before Julv 16.2001. (h{.'abJc\.:OO 1 \3' LiJ~It\I..~1 :t1\OMClnL1Dr.Nftolr~t..a\i{.06Z~Ot.dQ( LE150WITZ & _'\sSOCt.ll.T1!:S, P.A. Sl.HTE: 1450. ONE SOUTH~~$T TI-I:!O ÅV~N !J£, MIAMI, ¡;OlOAla.. 331.31.1? I" . "£LCPHONt: (3DSJ ~30-132~ JUIl-2~-ZQOI \Q:OO.I'\ Frcm-L......ITZ i ASSOC. ~305530g.¡!7 T-545 """'0 0 tie 13 H9 ¡ Daniel S, Mclnt}'re. çounty Attorney June 29, Zool Pa~e S Conclusion A separate resolution for each issue has been drafted. This was done for th~ following reasons: (1) the introductory WHEREAS ciauses are different as wen as the fOlmat, (2) this allows the Commission Members the fi'eedom 10 address each issue separately, and (3) a single subject ordinance will allow the career service empJoYðes of the Department of Revenue to catalogue the ordinance and resolution without any confusion. If you have questions, please do not hesitate TO call. Sin~ d Cruz-Bu"illo cc: Ha L. feld, Esq. ú. IChb;tt',J,Oü 1 \:)t l >I~ 1~\I:.¡,;li¥~\DMd~t), er- "cwT,,¡:tA_062~Ùr.4IX L;Z;;Xz:lOWIT2 & AsSOCL'LTES. P.A. S.JITE ¡.SO. ONC SOUTHEA.ST T~RD AVE.;NLJ!', M''''Mf. fò"LORrDA j,3131·r"~ . TE!..£PHCNf?: 130$) S.JO-132ê' '-' ...I RESOLUTION NO. 01-167 A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA, FOR THE PURPOSE OF ADJUSTING THE COUNTY'S LOCAL COMMUNICATIONS SERVICES TAX RATE IN ACCORDANCE WITH SECTION 337.401 (3)(C)2., FLORIDA STATUTES, PROVIDING A CONFLICT CLAUSE; PROVIDING FOR SEVERABIUTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 1, 2000, Florida's Communications Services Tax Simplification Act (ACT) became law. The ACT established a new tax structure designed to treat communications service providers in a nondiscriminatory manner with respect to the j compensation these providers have traditionally provided to local governments; and, WHEREAS, the ACT directed the Legislature to adopt, in the 2001 Legislative Session, new tax rates to be applied under the new unified communications tax structure; and, WHEREAS, the Legislative restructuring, in the 2001 Legislative Session, resulted in a new Local Communications Services Tax, which is designed to apply equally to telephone service, cable service and wireless service providers and where such new rates shall become effective on October 1, 2001, without any action by St. Lucie County; and, WHEREAS, Section 337.401(3)(c)2., Florida Statutes (2001) allows a non-chartered county to adjust its new Local Communications Services Tax by the addition of 0.24'Yo in lieu of requiring and collecting permit fees from any provider of communications services; and, WHEREAS, it is the intent of the County to exercise its authority to adjust its new Local Communications Services Tax by the addition of 0.24 'Yo in lieu of requiring and collecting permit fees from any provider of communications services. '-' ""'" NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: Section 1. 1. The Board of County Commissioners of St. Lucie County hereby invokes its authority, in accordance with Section 337.401(3)(c)2., Florida Statutes (2001), to adjust its Local Communications Services Tax rate by the addition of 0.24'7'0 in lieu of requiring and collecting permit fees from any provider of communications services. 2. This adjustment shall be applied to all the same communications services subject to the Local Communications Services Tax set forth in §202.20(1)(a) and (l)(b), Florida Statutes (2001) and §202.19(2)(b), Florida Statutes (2001). 3. Section 337.401(3)(c)2., Florida Statutes (2001) requires that the County notify the Department of Revenue, by certified mail postmarked on or before July 16, 2001, of whether the County will elect to forego the collection permit fees as of October 1, 2001. This statutory section permits the County to adjust its Local Communications Services Tax rate by ordinance or resolution. In accordance with this authority, the County adopts this Resolution. Likewise, the County hereby declares that this Resolution shall be its notice to the Department of Revenue of the County's election to require an adjustment of the Local Communications Services Tax in lieu of collecting permit fees as of October 1, 2001. 4. The County hereby declares that this adjustment shall remain in effect until and unless otherwise expressly repealed by the County, irrespective of whether the County, in its j '-" """'" discretion, maintains a Local Communications Services Tax rate under §202.20(1)(a) and (l)(b) or Section 202.19(2)(b), Florida Statutes (2001). Section 2. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 3. Savings. All fees, charges and financial obligations previously accrued pursuant to any Section 4. Severability. J resolutions repealed pursuant to Section 2 above shall continue to be due and owing until paid. The provisions of this Resolution are declared to be severable and if any section, sentence, clause or phrase of this Resolution shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Resolution but shall remain in effect, it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any part, Section 5. Effective Date. This Resolution shall be effective immediately upon passage. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice-Chairman Doug Coward Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Paula Lewis xxx XXX XXX XXX XXX '-' PASSED AND DULY ADOPTED this ATTEST: Deputy Clerk ~ day of , 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney J '-" ""'" RESOLUTION NO. 01-168 A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA, FOR THE PURPOSE OF ESTABLISHING THE COUNTY'S LOCAL COMMUNICATIONS SERVICES TAX RATE IN ACCORDANCE WITH FLORIDA'S COMMUNICATIONS SIMPLIFICATION ACT, PROVIDING A CONFLICT CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 1, 2000, Florida's Communications Services Tax Simplification Act (ACT) became law. The ACT established a new tax structure designed to treat communications service providers in a nondiscriminatory manner with respect to the WHEREAS, the ACT directed the Legislature to set and adopt, in the 2001 Legislative J compensation these providers have traditionally provided to local governments; and, Session, new tax rates to be applied under the new unified communications tax structure; and, WHEREAS, the Legislative restructuring, in the 2001 Legislative Session, resulted in a new Local Communications Services Tax, which is designed to apply equally to telephone service, cable service and wireless service providers and where such new rates shall become effective on October 1, 2001, without any action by St. Lucie County; and, WHEREAS, the ACT created two Local Communications Services Tax rates, namely, a Conversion rate and a Maximum rate. The Conversion rate or "initial" rate varies for each local jurisdiction and was based upon the size of the communications tax base for each particular local jurisdiction and the revenueS received by that local jurisdiction in 1999. The Conversion rate is known as the initial rate because it takes effect on October 1, 2001, without any formal action by the local government, The new Law also established a Maximum rate, The Maximum rate is a weighted average. The State assumed that each non-chartered ......., ~ county had imposed upon cable providers all available taxes and fees at their highest possible levels under the previous tax structure. The potential maximum revenue from this assumption was then totaled. The State then divided this potential maximum sum, by the sum total of the new taxable base for each non-chartered county. The outcome was 1.6"10 as set forth in Section 202.19(2)(b), Florida Statutes (2001); and, WHEREAS, pursuant to the ACT, a non-chartered county that has an initial Conversion rate below the Maximum rate is authorized to adjust its Conversion rate upward to the Maximum rate as set forth in Section 202.19(2)(a), Florida Statutes (2001); and, WHEREAS, pursuant to the ACT, for the period beginning on October 1, 2001, and ending on September 30, 2002, the established Maximum rate shall be deemed to be the sum of the Maximum rate established under Section 202.19(2)(b), Florida Statutes (2-01), plus the difference between the Conversion rates set forth in Sections 202.20(1)(a) and (1)(b), Florida Statutes (2001); and, WHEREAS, it is the intent of the St. Lucie County to exercise its authority to adjust its new Local Communications Services Conversion rate upward as described above. J NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: Section 1. 1. St. Lucie County hereby acknowledges that on October 1, 2001, a new Local Communications Services Tax Conversion rate will go into effect without any formal action by the Board of County Commissioners of St. Lucie County. '-" ...., 2, For the period beginning October 1, 2001, and ending September 30, 2002, the Board of County Commissioners of St. Lucie County hereby invokes its authority, in accordance with ACT, to impose a Local Communications Services Tax rate of 1.61'0. This 1.61'0 Local Communications Services Tax is the sum of the rate set forth in Section 202.19(2)(a), plus the difference between the Conversion rates set forth in Sections 202.20(1)(a) and (l)(b), Florida Statutes (2001). 3. Section 202.20, Florida Statutes (2001) requires that the County notify the Department of Revenue, by certified mail postmarked on or before July 16, 2001, of whether the County will elect to adjust its Conversion rate to the Maximum rate. This statutory section permits the County to adjust its Local Communications Services Tax rate by ordinance or resolution. In accordance with this authority, the County adopts this Resolution. Likewise, County hereby declares that this Resolution shall be its notice to the Department of Revenue of the County's election to require an upward adjustment of the Local Communications Services Tax for the period beginning on October 1, 2001, and ending on September 30, 2002. 4. For the period beginning October 1, 2002, and continuing thereafter, St. Lucie County, hereby invokes its authority, in accordance with ACT, to impose the Local Communications Services Tax rate of 1.61'0 as set forth in Section 202.19(2)(b), Florida Statutes (2001). The County hereby declares that this Resolution shall be its notice to the Department of Revenue of the County's election to require an adjustment of the Local Communications Services Tax for the period beginning on October 1, 2002 and continuing thereafter unless and until expressly repealed or preempted. J '-' ~ Section 2. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 3. Savings. All fees, charges and financial obligations previously accrued pursuant to any resolutions repealed pursuant to Section 2 above shall continue to be due and owing until paid, Section 4. Severability. The provisions of this Resolution are declared to be severable and if any section, sentence, clause or phrase of this Resolution shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Resolution but shall remain in effect, it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any part. Section 5. Effective Date. This Resolution shall be effective immediately upon passage. After motion and second, the vote on this resolution waS as follows: Chairman Frannie Hutchinson Vice-Chairman Doug Coward Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Paula Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this day of , 2001. '-' ..., ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney , Jbaniel McTñtyre~-Peí-mit chOIce ··o2,cfoc Page 1 --- --- --- ----- --~-------- - ---------- Page :1 of 2 ... . ... .I.. .. ~.. .. ,... -: .- !II; ...... FLORIDA ASSOCIA TION Æ. COUNTIES Phone: 850/922-4300 Suncom: 292-4300 FAX: 8501488-7501 P.O. Box 549/ Tallahassee, Florida 32302 Website: wwwJI- counties. com M E M 0 RAN DUM. . . via email TO: County Administrators County Attorneys County Lobbyists FROM: Bob McKee, Governmental Liaison DATE: June 25, 2001 RE: July 16 Deadlines for Action Under Communication Services Tax Simplification Act The Communication Services Tax (CST) Simplification Act radically alters several revenue sources levied by municipalities and counties. Prudent local governments will implement the Act quickly. If local governments do not adopt a resolution and send it to the Florida Department of Revenue (DOR) via certified mail by July 16, 2001, local governments may lose revenues, The Florida Association of Counties (FAC) conducted four regional seminars to explain the CST, For your review, the seminar materials are available on the FAC website at http://www.f1-counties.com/GovRelations/GovRelbeta.htm. The materials include an overview of the changes in law, a timeline for action under the new tax, a model resolution, and relevant chapter laws. FAC's goal is to arm each county with enough information so that each county's governing body can adopt resolutions to meet the deadline, There are two actions for which this deadline applies. The first is a permit fee option, where counties must choose to continue to charge permit fees on Communication Service Providers for their activity in the rights-of-way, or to forgo permit fees and · ~~~"'I"-~.=,.""",~=."",",.== ',. ...... .~_. , _._............ ....., f Daniel Mcintyre - Permit choice,,- "no2,doc l~=c;;_.;",...·.",c._,~·~,,,-,,.,",-,,,;,,,-;¿,,",""'~,,,··..·,, ." _..._.,..,.._..__..... _, ~ ,_ .., .. ....-.,._ ~=..., _~~WII F'ág~'IJ - --~-~~ -- ---- ~ -,- -~~_.~- ~-~_._-.~- Page 2 of 2 receive additional tax capacity. If no action is taken, local governments are assumed to have chosen to forgo permit fees. However, in order to receive any tax dollars back to replace the lost permit fees, the local governing board must increase the rate of taxation by resolution or ordinance, The second action is an opportunity for local governments to increase their rate of local taxation. Those local governments that have a conversion rate below the maximum rate may increase their local taxation rate up to the maximum to be effective on October 1, 2001, the start date of the CST If this change is not made and notified to the OOR by July 16, a change in tax rate would not be effective until January 1, 2003. If you have any question regarding the requirements under this act, please do not hesitate to email me at bmckee@fl-counties,com or call me at (850) 922-4300, i fr ? fr "-" ""'" ~~ ( c; ~/ ,f:¡/" rx :l )"þ HUMAN SERVICES ~o \ · MEMORANDUM #01-52 K\f¡V /~ ~t (: b\ 1/IP \~ f .) ¡ r O,~"S TO: Douglas.M. Anderson, County Administrator Beth Ryder, Community Services Director G~ IfõlŒ © Œ D W ~ f lIù l JUN "4 2001:" ----...--- --.J co ADM!N. OF;¡C~ FROM: SUBJECT: FAC 2001 Legislative Report DATE: June 4, 2001 Enclosed is a copy of the FAC 2001 Legislative Report that Ireceived at the Legislative update meeting this past Friday. Attached are some of the pages that were highlighted in the verbal reports and areas that I believe are of interest for our county. The following is a quick summary. HB 1225 now allows the county to pave graded dirt roads with ELMS five-cent local option motor fuel tax. HB 1821 reduces the employer contribution rates for the Florida Retirement System by a net 1.85%. -- SB 2000 requires no local match for the Florida Healthy Kids Program for one year only. We have reccived information that it is highly likely that the Governor will veto this bill. SB 792 will increase Medicaid County Billings by $13.5 million state-wide. This number was furnished by the Agency for Health Care Administration (AHCA) and I believe that our county's actual impact will be closer to $400,000 a year and not the $214,558 that is estimated on the attached AHCA estimate. . - -. ' if HB 1053 Clarifies that airport master plans may be incorporated into local comprehensive plans and, ' if the airport master plan is incorporated, then the airport and airport.. or aviation-related development is not deemed to be a development of regional impact. - - - --- ~-_.-:...--:_~ -,~..: , , -.:.~ - ..:_'~ - ..-~ - - - - ~ . -- -- -- ~ St. Lucie County will receive over the next two years $292,500 of unrestricted funds from the program to update all counties voting machines. As you knO~ county has already expended the funds to ' provide the approved system. '-bC.Ø ~ ~ þ,.;..4?'" ",- '-' -~- .- .." Memorandum 01-52 June 4, 2001 Page two Telecommunications Tax Reform establishes maximum local Communication Services Tax rates for non-charter counties at 1.6% and is effective for all services billed after 1011101. Revises provisions with respect to permit fee selection. Allows permit fee selection to be an annual election, rather than a one-time selection. Revises the date that the permit fee selection must be made for the first year to 7/16/01. Allows local gõvernments that are below the maximum rate to increase the rate up to the maximum rate for the 10/1/01 start date by resolution or ordinance and requires notice to the Department of Revenue (DOR) by certified mail by 7/16/01. The General Appropriation Bills: Counties over 100,000 will not receive grants for recycling. Where it states on page 21 under FY 01-02 - "Non·Operating" means that the state changed the method of stating the budget and has removed from the budget, items that are not related to state operations but are passed by operation of law. The actual funding level is shown on page 24 by FAC staff. As I said, this is a quick summary, should you wish to discuss it, please advise. pc: Robert Bradshaw, Assistant County Administrator Daniel McIntyre, County Attorney Marie Gouin, Management and Budget Director __._ u _._ _. - - . - ---------------...----- ------- -- ---- - - .---- --- ----.-- ._----- ------ -.- - ----< - '-" """" ~~_..--,~ .........~~=. Toll Revenues: allows toll-revenues to be continued on county road systems with the funds to be used for public facilities capital improvements in sanitary sewer, solid waste, drainage, potable water, parks, or cOl1struction or maintenance of any other state or county roàd within the county (section 114). Miami-Dade Airport Authority: requires a county with a' population in excess of 2.1 million to determine in the next election whether to form an airport authority (unless such an authority has previously been formed' by the county) and sets forth how such an authority would be structured and operated (section 118). ~, Parking Violation Fines: allows assessment of a civil penalty for a, parking violation not to exceed. $100 orthe amount designated by county ordinance (section 125). Road Designations: ~akes numerous designations of names for roadways around the state. Effective date: 7/1/01, except as otherwise provided. ./ Local Option Gas Tax HB 1225 by Rep. Pickens (CS/CS/SB 460 by Sen. Clary) , Includes a provision that authorizes cou'11ies to ~~e the proc~~~?_oUhe o_n~ fiv~-cent local option motor fuel tax, also known as theJ~bM~7njç~~B]Z§-;~ftÆ.a~~rJ:i}iti'ª~f, Effective date: 7/1/01, except as othervvise provided. Motor,Vehicle Regulation , CS/SB 1956 by Sen. Latvala (CS/CS/HB 807 by Rep. Gardiner) This 74-page bill codifies numerous provisions relating to the regulation of motor vehicles, including but not limited to: specifying and clarifying numerous procedures ~o be followed by the DHSMV and the taw regarding motor vehicle franchises and dealerships; clarifying that penalties imposed at hearings for parking violations may not exceed $100 or the amount· imposed by county ordinance; and requiring strobe lamps on commercial vehicles transporting logs extending more than 4 feet from the bed of a truck. Effective date: upon becoming a la'w. ' CRIMINAL JUSTICE & PUBLIC SAFETY, CRIMINAL JUSTICE ,ISSUES DUll Substance Abuse Education HB 29 by Rep. Brummer (S8 430 by Sen. Dyer) Allows a law enforcement officer to take a minor under the age of 18 who has been prover to be driving with a blood-alcohol or breath~alcohollevel·of-'02 or higher to a county addictions receiving facility if the county,makes it available for such purposes. Effective date: 7/1/01. ·~ '-" '-tJ Worker's Compensation CS/HB 1803 by Rep. Waters {CS/SB 1926 by Sen. King} " Substantially revises procedures for worker's compensation claims. Requires a judge to consider,theÎnterest of the worker and the worker's family when considering approval of é lump-sum settlement Requires that all workeJ's compensation settlements be considere( ~ when con,sidering child support., Establishes a Depu.ty Chief Judge of Compensation . Claims. Raises the limit for determining a "casual" worker from total labor cost of $100 to $500. Excludes from the definition of "employee" sports officials at amateur sports event 4 Authorizes direct deposit of compensation. Authorizes changes of physicians during cour of treàtment. Requires the employee to provide information regarding concu'rrent employment for purposes of determining lost wages. Authorizes various other procèdure for the Division of Worker's Compensation {Division} and clarifies requirements for petitio Clarifies how claims are handled when the claimant is or is not represented by counsel. Clarifies exemption from claims of creditors to worker's compensation does not extend to claims bé!sed on '~n award of child support or alimony. Provides additional procedures fo handling administrative hearings. Provides requirements for self~insured employers to m before 12/31/01 regarding surety bonds and letters of credit. Provides for electronic . reporting of data to the Division and transfers the Office of the Judges of Compensatipn ,Claims to the Division of Administrative Hearings. Effective date: 10/1/01, except as otherwise provided.' . .¡ Florida Retirement System I Rate Reduction HB 1821 by House Fiscal Responsibility Council, ' " '.J~édLÌ'çgš;:Ê?[i:1plëiy'~(~~ºDJlm~Miff~!AA1ÞY~?:º?ro1ò.l'7the Florida Retirement System and."", in-êrêase"itthe'tíëáltti- ÎñsÙ-¡'ãn'cê""$ub'sidyrbY~fppêr-tent. Tiì~è:!f[f~[\;i)D9~IŒªß%J10:çPUÔ' is approximately $8~ million in FY 2001-02. Employer contribution rates effective 7/1/01: · Regular Class 7.30% · Special Risk18.44% · Special Risk Administrative Support 9.83% · County Elected Officers15.14% · Senior Management Service 9.28% , Nbte: These råtes include .10 percent forthe PEORPprogram and 1.11 percent for,the retiree healt insurance subsidy. ' TRANSPORTATION ISSUES High-Speed Rail System HB 489 by Rep. Johnson (CS/CS/S"B 1178 by Sen. Sebesta) Creates the High-Speed Rail Authority of nine members appointed by the House, SenatE and Governor. Th~ Authority is to plan, administer, and manage the preliminary "" engineering and preliminary environmental assessment of the train, seek federal matchi funds and to develop a model that uses, to the maximum extent feasible, nongovernmer sources offunds. The initial route is to be between S1. Petersburg, Tampa, and Orlandc with future service to Miami. The Authority is to make recommendations conce~in9 th~ format and types of information to be intlùded ina"búsirîëss' plän"fôdhe'system, the preferred routes between the cities tQ be served, the preferred locations for stations, the preferred locomotion technology, changes in state or federal law needed to make the system eligible for available federal funding, and other relevant issues. The Autþorityis to develop an operating plan containing specified criteria, and prepare a report to the· /' / / I / \.- ..~ DOH, with assistance from OMS, to adopt rules to establish guidelines on the appropriate placement and deployment of automated external defibrillators devices in certain buildings owned or leased by the state. Specifies factors to be considered in device placement and deployment. Effective date: 10/1/01. HMO I Physician Licenses SB 1568 by Sen. Sebesta (HB 159 by Rep. Rubio) Requires that only certain physicians licensed in this state may render adverse ,determinations for health maintenance organizations and prep~:¡jd health clinics., Clarifies the authority of the Board of Medicine and the Board of Osteopathic Medicine. Effective " date: 1/1102. Health Insurance 1 ,,"ocal Governments SB 1986 by 'Sen. Saunders (HB 1469 by Rep. Rich) Prescribes procedures for a local government unit to replace health insurance when th.e contracting provider becomes financially impaired or fails or refuses to provide coverage. Effective date: upon becoming a law.' ' '/Florida Healthy Kids Program ~~~~~g~k.~2l;'!~~ SB 2000 by Appropriations Committee (HB 1807 by Fiscal Responsibïlity Council) Includes provisions that stipulate that local makhing funds are not required for FY 01-02 fo: the Kidcare Program; however, the Florida Healthy (FHK) Corporation must develop and implement a local match policy for the purpose of continuing ånd expanding coverage of uninsured children who do not meet the eligibility requirements of Title XXI. The Florida ' Healthy Kids CorQ9.ration must reQiace local mat~h from 2000-2001 fund!ng. Effective date 7/1/01 '$'/7i.,,~.~~~IB9é''''d.''.'f:l~·' .~ :_~. -1' . ;¿¿:{Y~..J··=-- :~_.~~-!~...~~..;..~.~.=1-~~~~;~~~.:7~'~~~~~' .' '~i~~~~à~7i1 - Health Care Responsibility Act (HCRA) I Health Care CS/CS/SB 2092 by Sen. Sa!1derson (HB 1885 by Health Promotion Committee) Provides procedures for computing the maximum amount that counties, having a populatio of 100,000 or less, must pay for the treatment of an indigent county reside'nt at a hospital located outside the county. Provides for the exclusion of active-duty military personnel anc certain institutionalized county residents from state population estimates when calculating; county's financial responsibility for such hospital care. Requires the county of resident to accept the hospital's documentation of financial eligibility and county residence. Requires the documentation to meet criteria required by s. 154.3105, F.S. . Transfers the Community Hospital Education Program from the Board of Regents (BaR) t( DOH. Provides for the certification of local matching funds. Provides requirements for the distribution of federal funds earned as a result of local matching funds. The agency must prepare an annual statement of impact, which documents the specific activities undertake: during the previous fiscal year pursuant to this paragraph, to be submitted to the Legislatu no later than 1/1, annually. Redefines 'the term "charity care" or "uncompensated charity èare" for purposes of the disproportionate share program. ·-Revises eligibility criteria for~- payments under the primary care disproportionate share program. Extends the duration c certain demonstration projects to test Medicaid direct contracting. Prohibits the use of a patient's medical records for purposes of solicitation and marketing without specific writter release or authorization. Requires the Department of Insurance (001) to adopt rules' ,.' . '-" ..., Health Care Professionals I Background Screening CS/SB 688 by,Health, Aging & Löng-Term Care Committee Requires AHCA to convene an interagency workgroup to study issues pertaining to cèrtain background screening requirements for health care professionals and owners, operators, and ~mproyees qf certain health care providers, services, and programs. The workgroup must complete its review and study by 11/1/01, and must submit a report of its findings and recqmmendations to the Governor, Senate Presideot, and House Speaker by 12/1/01, after which the workgroup is abolished. Abrogates the repeal of provisions of law which require background screening of applicants for licensure, certification, or registration. Effective date: 7/1/01. .. '. . ~~lr::i~~;~r-'j'..&æ~ffi[tf11~ :?? Medicaid County Blllmg! AHCA ' ' '~- ..- ,- - 10 ~"" ,,,,~,,,;,,,·""~WJt. c.,' ~'f CS/CS/SB 792 by Sen. Silver (HB 1753 by Rep. Maygarden)' .d.i;;,..~ ~ ~. . ,- , . 0. ~. Revises the'level of ~ounty contributions to the Medicaid program for inpatient hospitalJ1~ services. Results in a fiscal impact to counties of approximately $13.5 million statewide:- Exempts counties from contributing toward the increased cost of hospitaUnpatient services due to elimination of Medicaid ceilings on certain types of hospitals and for special Medicaid reimbursement to hospitals. Directs AHCA to pay for health insurance premiums .for certain Medicaid-eligible persons. Directs AHCA to pay for breast and cervical cancer treatment. Provides Medicaid eligibility for certain disabled persons under a Medicaid buy-in' program, subject to federal authorization. Directs AHCA to seek a federaL grant, demonstration project, or waiver for Eistablishment of such buy-in program. Prescribes conditions upon which an adjustment in a hospital's inpatient per diem rate may be based. Prescribes additional limitations that may be placed on hospital inpatient , services under Medicaid. Provides for reimbursement and use-management reforms with respect to community mental health services. Revises standards for payable intermediate care services. Authorizes the agency to pay for assertive-care services. Prohibits nursing home reimbursement rate increases associated with,changes in ownership. Modifies requirements for nursing home cost reporting. Revises standards, guidelines; and limitations relàting to reimbursement of Medicaid providers. ,Updates data requirement and share rates for disproportionate share distributions. Modifie: the formula for disproportionate sharelfinancial assistance distribution to rural hospitals. Requires the Medicaid Pharmaceutical and Therapeutics Committee to recommend a preferred drug formulary and requires the agency to publish the preferred drug formulary. Authorizes the agency to establish requirements for prior authorization for certain populations, drug classes, or particular drugs. Specifies conditions under which the agenc~ may enter certain contracts with exclusive provider organizations. Revises components of the agency's spending-control programs. Prescribes additional services that the agency may provide through competitive bidding. Authorizes the agency to establish, and make exceptions to, a restricted-drug formulary. Directs the agency to establish a demonstration project in Miami-Dade County to provide minority health care. . u --,--' .--,-' Provides for disproportionate assignment of certain Medicaid-eligible children to children's clinic networks. Provides for assignment of certain Medicaid recipients to managed-care plans. Provides for distribution of funds under the disproportionate share program for . specified hospitals for the 2001 federal fiscal year. Providès for distribution of County ._-_.----~ ~ """" Mandated Medicaid County Billing Inpatient Increases Pursuant to the Passage of cstcStS8 792 County County Name Two Extra Days 01 ALACHUA 5296,232.05 02 BAKER 517,005,04 03 BAY $139,889,54 04 BRADFORD 541,011.39 05 BREVARD 5232.603,59 06 BROWARD 51,218,613.44 07 CALHOUN 59,743.60 08 CHARLOTTE $75,963,53 09 CITRUS $61,251.66 10' CLAY $51,544,62 11 COLLIER $142,114,30 12 COLUMBIA $86,671.36 13 DADE $3,912,752,50 14 DESOTO $36.291,10 15 DIXIE $24,626.32 16 DUVAL 5667,682.06 17 ESCAMBIA $293,062.76 18 FLAGLER $16,847.46 19 FRANKLIN $10,731.45 20 GADSDEN $49,797,00 21 GILCHRIST 516,967.01 22 GLADES . $1,849,49 23 GULF $13,091.45 24 HAMILTON $19,261.74 25 HARDEE $59.329,85 26 HENDRY $65,021.35 27 HERNANDO I $63,622.07 28 HIGHLANDS . $59,085,04 29 HILLSBOROUGH $647,198.46 30 HOLMES $21,725,74 31 INDIAN RIVER 571,403,97 32 JACKSON $34,916.50 33 JEFFERSON $7,742.52 34 LAFAYETTE 58,656.23 35 LAKE $110,806.66 36 LEE I $227,583.07 37 LEON 5125,918,69 38 LEVY $45,369,71 39 LIBERTY $4,476,59 40 MADISON $22,312,98 41 MANATEE $141.182.12 42 MARION $207,206,80 43 MARTIN $65,766,08 44 , MONROE $70,267.25 45 NASSAU $34,283.36 46 OKALOOSA 5110,917.85 47 OKEECHOBEE $34,904.04 48 ORANGE $721,845.56 49 OSCEOLA $82,457.14 50 PAlM BEACH $715,232,33 51 PASCO $214,477.22 52 PINELLAS . $624,142.94 53 POLK . 5300,158,83 54 PUTNAM $100,695.83 55 SUQHNS ~$ . 56'~¡ft;~~1 SJ::LU.CJE&~~Ml.~..~.~~~i~1i~ ~1:ti~~~~~~~?:[:_~',,;~~:~::'£··~~I~$2w . 5 ,1-"='-" SANTA'R0SN"'" -- ' - '$7'l; , 58 SAAASOTA $132,226,52 ,- 59 SEMINOLE . $136,264.23 60 SUMTER 535,441.95 61 SUWANNEE $44,803,35 62 TAYLOR $23,127.84 .w ,_+ _..-- 63 UNION $6,408,25 ,- 64 VOLUSIA $281,060.06 65 WAKULLA . ' $12,829.33 66 WAlTON $23,997.76 67 WASHINGTON 522.538.17 : Totals 513,543,645.33 -- ' yJ ~, " '-" "vi' '..... .......,---'.:~.. Governor, Senate President, and House Speaker by 1/1/02. Appropriates $4,500,000 from the Transporjation Outreach Program to fulfill the purposes of the Act. Effective date: upon becoming'a law. : Transportation ' 'CS/CStHB 1053 by Rep. Russell (CStCS/S8 2056 by Sen. Sebesta) This 323-page omnibus bill containing 191 sections, including the following key provisions: Airports and Master Plans: clarifies that airport master plans may be incorporated into local comprehensive plans, and sets forth parameters whi~h must be met iOhemaster plan is to be incorporated in the comprehensive plan. If the airport master plan is incorporated in the comprehensive plan, the airport and airport.. or aviation-related , development is not deemed to be a development of regional impact (sections 3 and 53). , Requires preparation of an airport master plan by each publicly-owned and operated airport and requires submission of state and federal licensing materials to each affected local government within two miles of the boundaries of any land subject to theairp~rt master plan (section 24). ' Transportation Concurrency: for purposes of concurrency, transportation facilities that 'are part of the interstate highway system needed to serve new development must be in place or under actual construction within 5 years after issuance of a certificate of occupancy or its functional equivalent (section 4). Eminent Domain: amends s. 72.092(6), F.S., regarding attorney's'fees and costs in eminent domain. Bids on County Road Projects: provides that local governments are not reqLJired to competitively bid projects subject to ch. 336, F .S., (i.e., the county road system) (section 8). Seaports: 'stipulates that seaport program funds may be used for seaport security projects a[ld for promotional activities for engendering goodwill toward port facilities, including meals, hospitality, and entertainment (section 11). Seaports subject to competitive negotiation requirements of a local governing body must abide by competitive bid requirements of s. 287.055, F.S. (section 12). 'Stormwater: allows the Department of Transportation (DOT) to enter into a perm,it· delegation agreement with local government entities regarding stormwater permitting (section 25). Safe Paths to Schools: establishes the safe paths to schools program, allowing DOT t( establish a grant program to fund local, regional and state bicycle and pedestrian projects (section 28). __m___ __.__._ . Rights-of-Way: 'establishes Criteria for counties to abandon roads and rights-of,:,way~- dedicated in a recorded residential subdivision to the homeowner's association (section , , 30). .' ' '-" '..",,/ LARGE COUNTIES - POPULATION OVER 75,000 ~ TOTAL STATE 2000 CENSUS NUMBER OF STATE FUNDING FUNDING FOR COUNTY POPULATION' PRECINCTS2 PER PRECINCT COUNTY ALACHUA ' , , 217,955 53 $3,750 $198,750 BAY 148,217 47 ' $3,750 $176,250 B'REV ARD 476,230 177 $3,750 $663,750 BROW ARD 1,623,018 618 $3,750 $2,317.500 CHARLOTTE 141,627 63 $3,750 $236,250 CITRUS 118,085 35 $3,750 $131,250 CLAY 140,814 51 $3,750 , $191,250 COLLIER 251,377 96, $3,750 $360,000 DUVAL 778,879 268 $3,750 $1,005,000 ESCAMBIA 294,410 ' 108 $3,750 $405,000 HERNANDO 130,802 51 $3,750 $191,250 HIGHLANDS 87,366 24' . $3,750 $90,000 HILLSBOROUGH 998,948 320 $3,750 $1,200,000 INDIAN RIVER 112,947 38 $3,750 $142,500 .. LAKE 210,528 86 $3,750 $322,500 LEE 440,888 150 $3,750 $562,500 LEON 239,452 95 $3,750 $356,250 MANATEE 264,002, 135 $3,750 $506,250 MARION 258,916 96 $3,750 $360,000 MARTIN 126,731 40 $3,750 $150,000 MIAMI-DADE 2,253,362 617 $3,750 $2,313,750 MONROE 79,589 33 $3,750 $123,750 OKALOOSA 170,498 48 $3,750 $180,000 ORANGE 896,344 231 $3,750 $866,250 OSCEOLA 172,493 66 $3,750 $247,500 PALM BEACH ' 1,131,184 531 $3,750 51,991,250 PASCO 344,765 132 53,750 $495,000 PINELLAS 921,482 345 $3,750 51,293,750 POLK 483,924 163 $3,750 $611,250 SANTA ROSA 117,743 36 $3,750 $135,000 SARASOTA ' 325,957 142 $3,750 $532,500 SEMINOLE 365,196 133 $3,750 $498,750 ST. JOIiN.S. -, 123,135 ~ -. . ." '--" 57 .s3~Q $213~I5,O SI;':,LUCIE ;:;+:: 'c:",:":':;":,',, c::.:'cA92,695 ::~'" 0', ?:'t78=~,,}.., "'i::~"::: ~';',:$3;750' .... c,,::"~\;;$292;500, I~~ , VOlOSIA _"M... . . ""on·, 443,343 -- '.~ "0172'~''';'' , '""~'$3,750 "'''''''$645;'000- y SUBTOTAL $20,006,250 TOTAL STATE FUNDING ALL COUNTIES AMOUNT APPROPRIATED FOR 2001-2002 AMOUNT APPROPRIATED FOR 2002-2003 $24,101,250 512,050,625 $12,050,625 1 Source: The Florida Legislature, Office of Economic and Demographic Research: http://www.state.fI.us/edr/Population/census _counts .xls 2 Source: Florida Department of State, Division of Elections:. , ' , u - ' - - ,~~---' , http://election.dos.s tate .f1.us/pdf/2000voterreg/2000genrace.pdf JAM Að' ~~ - SiC k ~. (J tI ~ ;;dv-.~ . _ _ ._ /I.. A__. -I- / ~ . ....,_,,:¡;.L;;~;/'~,;&>¿J~~,ø~')~~~~ ., .. , The budget also provides additional funding for Home and Community-Based Services Waiver to maximize federal funds for elder care services. Effective date: 7/1/01. ~, Election Reform . CS/SB 1118 by Ethics & Elections Committee, Sen. Posey (CS/HB 1921 & CS/HB 1925 by Rules, Ethics & Elections Committee, Rep. Goodlette) . This comprehensive reform legislation includes numeroµs revisions to the state's elections j laws. Requires the use of precinct-based voting technology (optical-scan technology at a minimum, with touch screen systems permitted) and prohibits punch-card voting systems. Requires the Division of Elections to review the voting systems certification standards to ensure that new technologies are available for selection by counties. Provides counties with $24 million to upgrade voting equipment, distributed as $7,500 per precinct to counties with populations of fewer than 75,000, and $3,750 per precinct for all other counties (population . and precincts based on 2000 census and precinct count) in two equal installments on 7/1/01 and 7/1/02. Provides for the development of a standardized ballot design to be used in primary and . general elections.. Provides $6 million for the development of voter education programs and the recruitment and training of poll-workers. Provides $2 million for the development and implementation of a statewide centralized voter registration database by 6/02. Allows a voter whose name does not appear on the voter registration roll to vote a provisional ballot that will be counted if the· voter is subsequently found to be properly registered to vote. . . Clarifies and provides standards for the procedures to be followed when recounting votes. Facilitates abs~ntee ballot voting by military and overseas voters. Clarifies that vote .t.otals are to' be certified no later than seven days following a primary election and 11 days following a general election. Eliminates the second primary for the 2002 election cycle and provides a 2004 sunset provision to give the Legislature the option of deciding whether to permanently eliminate the second primary. Removes justification requirements for absentee ballòt voting to increase the convenience of the voting process. Requires the posting of a Voter's Bill of Rights and Responsibilities in each polling place in Florida and requires analysis and reporting of voter error after each general election. Provides for a study of the benefits and drawbacks of having uniform poll opening and closing times throughout the state, with a report to be made by 1/1102. Provides that out-of-state contributions may not be used to meet the threshold amounts for purposes of public campaign funding. Finally, mandates a report from the Division of Elections to the Governor,SenatePresident, and House Speaker by 11/15/01 i detailin~ftlïe progress that each county required by the act to upgrade a voting system has made toward the implementation of the system. Effective date: 1/1/02, except as otherwise provided. . . '-" ~ CS/S8 1118 FLORIDA ELECTION REFORM ACT OF 2001 STATE, FUNDING ASSISTANCE FOR PURCHASE OF, OR REIMBURSEMENT FOR NEW VOTING MACHINES FUNDING ASSUMPTIONS: (1) Counties with populations of 75,000 or less receive full state funding assistance, Counties with populations over 75,000 receive 50% of full state funding assistance. (2) Full state funding assistance is set at $7,500 per precinct, based on a survey of 16 counties that have purchased optical scan precinct-based voting systems. Actual costs identified from that survey range from $5,000 to $10,000 per precinct, generally including the cost of installation and training, and in some cases including other enhancements. (3) State funding assistance will be disbursed in two equal installments on July 1, 2001 and. 4 July 1, 2002 in order to match cash disbursements with expected vendor payment schedules. ", SMALL COUNTIES - POPULATION OF 75,000 OR "LESS TOTAL STATE 2000 CENSUS NUMBER OF STATE FUNDING FUNDING FO~ COUNTY POPULATION1 PRECINCTS2 PER PRECINCT COUNTY BAKER 22,259 8 . $7,500 $60,000 BRADFORD 26,088 20 $7,500 5150,000 CALHOUN 13,017 13 $7,500 $97,500 COLUMBIA 56,513 31 $7,500 5232,500 DESOTO 32,209 15 $7,500 5112,500 DIXIE 13,827 11 $7,500 $82,500 FLAGLER 49,832 27 $7,500 $202,500 FRANKLIN 11,057 8 $7,500 $60,000 GADSDEN 45,087 16 57.500 $120;000 GILCHRIST 14,437 14 $7,500 $105,000 GLADES 10,576 13 $7,500 $97,500 GULF 13,332 14 $7,500 $105,000 HAMILTON 13,327 8 $7,500 $60,000 HARDEE 26,938 12 $7,500 $90,000 HENDI;\Y 36,210 22 $7,500 $165,000 HOLMES 18,564 16 $7,500 $120,000 JACKSON 46',755 27 $7,500 $202,500 JEFFERSON 12,902 13 $7,500 $97,500 LAFAYETTE 7,022 5 $7,500 $37,500 LEVY 34,450 21 $7,500 $157,500 LIBERTY 7,021 8 $7,500 $60,000 MADISON 18,733 11 $7,500 $82,500 NASSAU 57,663 21 $7,500 $157,500 OKEECHOBEE 35,910 18 $7,500 $135,000 PUTNAM 70,423 50 $7,500 $375,000 SUMTER 53,345 24 $7,500 5180,000 SUWANNEE 34,844 16 $7,500 5120,000 TAYLOR 19,256 14 $7,500 $105,000 UNION 13,442 11 $7,500 $82,500 WAKULLA 22,863 12 $7,500 $90,000 : WALTON 40,601 , 32 $7,500 $240,000 : WASHINGTON 20,973 15 $7,500 $112,500 . -. I _.J SUBTOTAL $4,095.000. -.--- '-' ...", Telecomm,unications Tax Reform Communication Services Tax /Implementing Legislation CS/SB 1878 by Sen. Carlton (CS/HB 1891 by Utilities & Communications Committee) This bill is the second part to the legislation that passed last year establishing the Communications Services Tax (CST) Simplification Act. Last year's legislation, ch. 20 260, Laws of Florida, consolidated seven state and local taxes on communication serv into a single levy with a common rate and base. Local taxes consolidated are the cabl franchise fee and local option sales tax for noncharter counties and cablè franchise feE public service tax, municipal franchise fee, and local option sales tax for charter counti and municipalities. Last year's legislation left incomplete several significant pieces of t CST. This year's bill establishes both the maximum.rates of taxation for local governrr and "hold harmless" conversion rates. Additionally, the bill clarifies the audit authority I local governments as well as the regulatory authority that local governments maintain \ respect to the rights-of-way. The following are the key provisions of the legislation. EstalJlishes the state rate of taxation on communication services to be 6.8%, replacing current state sales tax of 7% on telecommunication use by businesses and 6% that is charged on cable service. Exempts residential local telephone service from this portiol ,the state tax. Imposes state rate on private and substitute communication systems, 'Requires all cons'umers of communication services to pay 2.37% for gross receipts tax the state, for funding public school capital construction. Establishes the state CST rate on direct-to-home satellite service to be4Q,8 %, plus 2.: for gross receipts tax. Directs that a portion of this rate will be distributed back to local governments via the half-cent sales tax distribution formula. This is a new source of revenues for cÇ>unties. Establishes special rules for mobile communication services to be effective 8/1/02, regarding the determination of the customer's primary place of use for the determinatio taxing jurisdiction. Also provides that a provider of mobile communication services ma~ determine the non-taxability of bundled services based upon the provider's books and records. Establishes maximum local CST rates for charter counties and municipalities at 5.1 %. Establishes maximum local CST rate for non-charter counties at 1.6%. Sets the conve rates for all local governments, including the adjustment for the eleven-month year, to é to all services billed after 10/1/01. Sets the conversion rates for all local governments t effective 10/1/02, removing the adjustment for the eleven-month year. Provides that be sets of conversion rates take effect without any actions rèquired by local government. Clarifies that both sets of conversion rates that appear in the bill do not include rate adjustments attributabl~ to the permit fee choice. 17 II II I II II II II . Ii ~ '-" ...., Revises provisions with respect to permit fee selection. Allows permit fee selection to be an " annual election, rather than a one-time selection. Allows those iocal governments that ,chose to forgo permit fees to levy the additional rate by ordinance or re~ql!l!iQn._J3.evises , the date tha~ the ,permit fee selection must be made for the first year ~þ1J)iõHÞhllows local , governments that-are below their respective maximum rate to increase the rate up to the maximum .rate for the 10/1/01 start date of the tax by resolution or ordinance. Requires . notice to the Department of Rev~nue (OOR) by certified ~ail b~7~Wl~1I~~ Requires local governments to adjust downward their rates of local taxation if the receipts from the local CST rate during the period 10/1/01 through 9/30/02 are 10% greater than the receipts of 2000-01, allowing for reasonable growth and making adjustment for any rate changes or adjustments to the base. Stipulates this requirement does not apply to any local governmel}t thatimeoses a local CST rate by resolution or ordinanç;e.. Establishes that OOR will provide monthly reports sharing information regarding the dealers remitting the CST 011 services provided within that jurisdiction. including the gross taxable sales of the dealer and any adjustments, audit assessments, or refunds. Require's local . government to keep such reports confidential. ' Requires OOR to i,nclude in audits performed a determination of a dealer's compliance with jurisdictional situsing. Grants local governments the authority to audit a dealer of communication services that provides services solely within a sing,le county. Allows for a charge of $500 per linear mile for communication facilities placed or maintained in the rights-of-way by persons or entities other than communication service providers. Clarifies that local governments still maintain all authority to award cable franchise and negotiate all terms and conditions of the franchise allowed by federal 'law, including the ability to require in-kind contributions, except the terms and conditions related to franchise fees. Effective date: 10/1/01, unless otherwise provided. , Communication Services Tax I Trust Fund CS/SB 1540 by Sen. Carlton (CS/HB 1893 by Utilities & Communications Committee) Establishes the trust fund through which the local CST will ,flow backto local governments. Effective date: 7/1101, contingent upon the passage of SB 1878. Communication Services Tax I Information Sharing CS/SB 1836 by Sen. Carlton (CS/HB 1889 by Utilities & CommunicatIons Committee) Establishes the exemption from public records for the information-sharing program betweer OOR and local governments. Effective date: 10/1/01, contingent upon the passage of SB 1878. . -------- -------.-----.- '-' Bill County HB 927 Pinellas County ~, - _.. ... ._._n_. .._ ,n HB 931 Broward County HB 937 Escambia County / City of Pensacola HB 939 Escambia County HB 9.41 Duval County / City of Jacksonville HB 943 Collier County , .. ... -."..-------.--- ---...--- -----.--.----------- . ono __ .__ - - - - ._~ --- .-. - .'.-- -- -", ..---. -- --- ....." Subject Amends, repeals, codifies, and reenacts a specif provision regarding the Pinellas Park Water Management District. Provides for the creation governing body for the authority, its boundaries, amendment of it? ,charter. Provides tax exemptie construction, and effect. Codifies special laws regarding special districts r to certain provisions regarding the Rupert J. Sm Library of S1. Lucie County, a declared indepe special district. Provides legislative intent. Codi amends, repeals, and reenacts special acts. p'ro district charter. Codifies special laws regarding special districts I to certain provisions regarding to the Coral Spri Improvement· District. Codifies, reenacts, àm,e and repeals special acts regarding said district. Provides legislative intent and district charter. 0 gender-specific references. Provides that this af take precedence over any conflicting law to exte such conflict. Relates to the City of Pensacola. Clarifies the qualifications for a city council candidate for elee or appointment to fill a vacancy. Codifies special laws regarding special districts to specified provision regarding Pensacola-Ese Governmental Center Authority. Provides le~ intent. Amends, repeals, codifies; and reenacts acts. 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AGENDA REQUEST ITEM NO. R - 9 DATE: July 10,2001 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airoort Paul Phillips SUBJECT: Approve the fundingrequestto the Federal Aviation Administration (F AA), and the Florida Department of Transportation (FDOT) for the preparation ofthe Environmental Assessment by HNTB for $277,000 for the proposed new parallel runway 9L/27R at St. Lucie County International Airport. BACKGROUND: This agenda item is a funding request to prepare an Environmental Assessment for the proposed parallel runway 9L/27R at St. Lucie County International Airport. Funding for this project will consist of the reallocation of $150,000 FAA funds currently designated for the installation of security fencing at the Airport to be used for the preparation ofthe Environmental Assessment. Additionally, a funding request of $63,500 to the FDOT for 50 percent of the balance will be made. The local share of $63,500 will be made available from the Airport Funds Carryforward balance for a total Environmental Assessment project cost of $277,000. The proposed parallel runway at the Airport is needed because it will increase operational safety and enable the Airport to adequately accommodate projected aviation needs ofthe local community, the region, the state, and the nation. Currently, there is a major deficiency in the airport infrastructure which must be remedied. This deficiency is causing a decline in aviation safety and will prevent the airport from adequately meeting projected aviation demands. On June 19,2001, the Town ofSt. Lucie Village approved the construction of the proposed parallel runway 9L/27R at the Airport. On June 21,2001, the Airport Master Plan Study Group approved the concept of the parallel runway 9L/27R. FUNDS A V AILABLE IN ACCT#: Funds of $150,000, designated as General Aviation Entitlement Funds, are available from the Federal Aviation Administration (FAA). Funds of $63,500 will be made available from the Florida Department of Transportation (FDOT). Matching funds of $63,500 are available in the Airport Funds Carryforward Balance account. (140-9910-599900-800). PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends that the Board approve the funding request to the Federal Aviation Administration (FAA), and the Florida Department of Transportation (FOOT) for the preparation of the Environmental Assessment by HNTB for $277,000 for the proposed parallel runway 9L/27R at St. Lucie County International Airport. Reviews & A roval County Attorney: OMB Originating Dept· Other: Finance:(Check fì r C py only, if applicable) COMMISSION ACTION: [))APPROVED [ ]DENIED []OTHER: 5 - 0 Purchasing Other: ~ ....., . To: Board of Commissioners From: Paul A. Phillips, Airport Directo RE: Environmental Assessment for P posed Parallel Runway 9L/27R Staff Report from St. Lucie County International Airport This agenda item is an Airport staff request to approve a funding request to the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT) to prepare an Environmental Assessment for the proposed runway 9L/27R at St. Lucie County International Airport. The funding request to the FAA will consist of the reallocation of$150,OOO of Federal Aviation Administration (FAA) funds currently designated for the installation of security fencing at the Airport to be used for the preparation of the Environmental Assessment. Additionally, a funding request of $63,500 to the Florida Department of Transportation (FDOT) for 50 percent of the balance will be made. The local share of $63,500 will be made available from the airport funds carry forward balance for a total Environmental Assessment project cost of $277,000. The proposed parallel runway at the Airport is critical because it will increase operational safety and enable the Airport to adequately accommodate the projected aviation needs of the local community, the region, the state, and the nation. Currently, there is a major deficiency in the Airport infrastructure which must be remedied. This deficiency is causing a decline in aviation safety and will prevent the Airport from adequately meeting projected aviation demands. The County's recent period of extraordinary growth has contributed significantly to the operational growth at the airport. As depicted in the following chart of Total Annual Operations vs. Touch and Go's, total operations have increased over 20 percent for the past two years which is consistent with the same 20 percent growth rate for touch and go operations over the same period. Additionally, an overall sense of economic prosperity in the Treasure Coast has contributed greatly towards the private investment growth and job growth at the Airport. In the past three years, there has been approximately 150,000 square feet of privately funded buildings constructed at the Airport. This translates into an increase of 200 new jobs over the 1998 job total of 400 for a year 2000 total of 600 employees at the Airport. Each of these privately funded buildings causes an increase to airport operations. With the 20 percent increase in itinerant (arrivals/departures) traffic and the 20 percent increase in training traffic, infrastructure improvements designed to segregate the traffic are necessary. '-" """" TOTAL ANNUAL OPERATIONS VS TOUCH AND GO'S 300 250 2 1 .... 1 0 200 0 e. 1/1 "0 C CII 1/1 ::I 0 100 .r:. ... 50 0 : § æ " ~ ~ I /C , " æ : § " ;g 0) 0) ~ ; 0) 0) ~ 0) ~ : 0) ~ ~ § ~ " " " " " " " tV I_ Annual Operations --- Touch n go·s I SAFETY RELATED BENEFITS Most significant, and probably the most important benefit associated with the construction of the parallel runway are the safety related benefits derived from construction of the proposed parallel runway 9L/27R at the Airport. Construction of the proposed parallel runway will allow training traffic to be segregated from business and corporate traffic onto the proposed parallel runway. This segregation of training traffic out of the existing traffic pattern will provide a safer environment for both the training traffic using the proposed parallel runway and the business and corporate traffic using the existing primary runway. Last September two aircraft were involved in an accident that caused two deaths. One of the aircraft involved in the accident was a student flying a training aircraft; the other was a seasoned pilot flying to S1. Lucie County for business. Additionally, in April 2001, a near miss was documented that was eerily similar to the accident in September. These instances provide clear evidence that infrastructure improvements are critical to improve safety. As a result of this co- mingling of training traffic and itinerant traffic, a dangerous situation exists that could be easily . alleviated with the construction of the proposed parallel runway. The proposed parallel runway would allow for a complete segregation of training traffic from itinerant traffic. By separating the air traffic onto three runways, an immediate positive impact on safety is realized. By segregating the touch and go training traffic onto the proposed parallel training runway and by leaving the itinerant traffic on the existing runway 9R/27L, an immediate impact on air safety will be achieved by allowing training traffic to be conducted solely on a training runway without trying to absorb business traffic into an aircraft training traffic pattern. .'-' ..., NOISE ABATEMENT BENEFITS Currently over 95 percent of the noise impacts to the neighborhoods surrounding the Airport are caused by touch and go training traffic. The construction of the proposed parallel runway 9L/27R will cause a significant change to the traffic pattern that training aircraft use at the Airport. The proposed parallel runway will be designed for single and twin-engine aircraft touch and go training. As depicted on the Proposed Parallel Runway Exhibit, the traffic pattern for the proposed parallel runway will be contained almost entirely on Airport property. As a result, the Airport would expect a significant decline in noise complaints about training traffic from neighborhoods surrounding the Airport. Since touch and go operations account for approximately 50 percent of the total operations at the Airport, the proposed parallel runway would allow for segregation of the training traffic from the itinerant traffic. This will reduce the demand on the existing runways, so that itinerant aircraft operations can be accommodated more efficiently and safely on the main runways. After construction of the proposed parallel runway, a ban on touch and go's on the primary runway 9RJ27L should be implemented to avoid the noise sensitive areas surrounding the Airport. ~ '-' ...J CAPACITY RELATED BENEFITS With the Airport's existing two runway configuration, the maximum airport annual service volume (ASV) is limited to 230,000 annual operations. Annual operations in 2000 totaled 174,000 or approximately 75 percent of existing capacity. As depicted in the Total Annual Operation vs. Touch and Go's exhibit, the rapid growth of operations at the Airport has caused a significant strain on the airport facilities. Forecasts for the year 2001 estimate total annual operations to be approximately 186,000 operations or approximately 82 percent of maximum existing capacity. Standard airport planning principals call for the initiation of planning activities when an airport reaches 60 percent of its ASV, and initiation of construction activities when the airport reaches 80 percent of its ASV. In summary, the Airport has already breached the threshold where infrastructure enhancements are critical. The Airport needs to increase its operational capacity in order to maintain airport safety, provide noise abatement benefits to the surrounding communities, and to accommodate the forecasted number of operations. FUNDING AVAILABILITY The following chart depicts the entire project funding if considered eligible by the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT). The project's estimated cost of $9,445,298, will be funded at 90 percent FAA participation, 5 percent FDOT participation, and 5 percent local participation: FUNDING AVAILABILITY Local funding $472,265 (5%) FAA funding $8.5 million (90%) FDOT funding $472,265 (5%) . FAA .FDOT o Local Parallel Runway Total $9,445.298 CONSTRUCTION TIMET ABLE Even under the best-case circumstances, construction of the proposed parallel runway 9L/27R will not be complete for 48 months. The preparation and submittal of the Environmental Assessment will require between 12 and 24 months before approval can be expected by the FAA. Although some construction engineering can be completed concurrent with the preparation of the Environmental Assessment, a portion of the engineering cannot be completed until final approval of the Environmental Assessment by the FAA. '-' ..., As depicted in the Parallel Runway Construction Timeline exhibit, under a flawless planning, design, and construction timetable, there will be 48 months before the safety related benefits, noise abatement benefits, and capacity related benefits of the construction of the proposed parallel runway 9RJ27L come to fruition. Parallel Runway Construction Tlmeline Minimum - 48 months to complete Environmental-12 months I I Engineering/Permitting -12 months I I Construction - 24 months APPROVALS As noise and safety benefits are extremely important to the residents in the town of St. Lucie Village, on June 19, 2001 the Mayor and the Aldennan of the Town of St. Lucie Village voted unanimously to support the construction of the proposed parallel runway 9L127R based on the parameters included in this report, including a ban on touch and go training on the primary runway 9RJ27L. Additionally, the construction of the new proposed parallel runway 9L127R was presented to the Airport Master Plan Study Group at their June 21st, 2001 meeting. Based on the proposed safety related benefits, noise related benefits, and capacity related benefits, the Airport Master Plan Study Group voted unanimously to support the construction of the proposed parallel runway 9L127R. NEXT STEP After approval by the Board of County Commissioners, Airport staff will garner the necessary funds to complete the Environmental Assessment, and then will start the application process to secure funding for the entire project from the FAA, and FOOT for the funding identified in the Funding Availability exhibit. Due to the critical nature of this project, all efforts will be made to fast track this project to provide for the quickest opening of this much-needed airport infrastructure project. SUMMARY Staff recommends that the Board approve the funding request to the Federal Aviation Administration (FAA), and the Florida Department of Transportation (FOOT) for the preparation of the Environmental Assessment by HNTB for $277,000 for the proposed new parallel runway 9L127R at St. Lucie County International Airport. ,-~- --.-,------ -g 8 uf ¿ ~.~ ~ ~ 5 -ci ~ OJ t; J, « en B ~~~~·Dg~- _.~~~ ~ª~ä~ ~~.5.~c~~.s ~~~u ~µ~~.- CCV1 ~'s.. "'0.'-"0 -",,_1:""'1 ._ tC ::I > ..... .. 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O:l.5~ '¡¡:,e ;om.... 1: i .. .- C ..",,¡I ~ ... ........-..-- ";' . , I I I I I I l- n:: o a. n:: - <{ ..J <{ z o I- <{ Z n:: w I- Z >- I- Z J o o w o J ..J I- (f) '-' AGENDA REQUEST ..., ITEM NO. 10 DATE: July 10,2001 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: Bi-Weekly Committee Reports BACKGROUND: At the April 11, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda. on a bi-weekly basis, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2nd and 4'h Tuesday of each month. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: Committee Chamber of Commerce Board of Dir. Council on Aging Indian River Lagoon NEP Workforce Development Board Land Acquisition Selection Committee Law Library Board of Trustees Treasure Coast Community Alliance Treasure Coast Council of Local Gov. Value Adjustment Board MeetinG! Date Monthly Last Wednesday Quarterly as needed As needed Monthly As needed Monthly Monthly As needed Tourist Development Council Lake Okeechobee Coalition Other Committees: Higher Education Committee Healthy Kids COMMISSION ACTION: 1·' Wednesday Quarterly [ ] APPROVED [] DENIED ~] OTHER: Reports given Commissioner Hutchinson Lewis Barnes Bruhn Barnes Bruhn Hutchinson Hutchinson Barnes/Bruhn/ Lewis Hutchinson Bruhn/Barnes Coward Bruhn ou as Anderson County Administrator '-' -..,J "'" CONSENT - - ITEMS .... .... .... ~ ~ ~ Board of County Commissioners Meeting .J 07/06/01 FZABWARR FUND 001 001001 001111 001117 001124 001128 001130 001258 001259 001269 001809 101 101001 101002 101003 101006 101211 102 102001 103 105 1r" 1 ,02 107003 111 112 113 114 115 116 117 118 119 120 121 123 126 136 138 139 140 140001 140306 140311 160 183 18<001 1 04 .'-" ST. LUCIE COUNTY - BOARD DATA ...., WARRANT LIST #40- 30-JUN-2001 TO 06-JUL-2001 FUND SUMMARY TITLE General Fund Recreation Special Events FTA-001-49 USC Sec 5307 96/97 FTA 49 USC Sec 5307 98/99 FTA USC Section 5307 FY 99/00 Section 112/MPO/FHWA/Planning FY01 TC Community Action Agency FYOO/Ol TDC Planning Grant FYOO/01 Emergency Mgmt. Prep & Asst. FY 00/ FDEP-Urban Mobile Lab Grant 01/02 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees FDEP Canal & Stormwater Retrofit Unincorporated Services Fund Drainage Maintenance MSTU Law Enforcement MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sheraton Plaza Fund Sunland Gardens Fund Sunrise Park Fund Paradise Park Fund Holiday Pines Fund The Grove Fund Blakely Subdivision Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Port Fund DOT-New N. Entrance Port Ft. pierce FDEP Industrial Park Wastewater Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court EXPENSES 132,759.57 10,499.00 26,477.00 192.37 198.90 1,620.71 134.50 111. 17 604.46 305.99 308.51 73,861. 24 9,540.00 4,884.48 1,770.00 1,249.71 8,482.50 21,528.40 122,840.93 5,626.55 31,709.96 213,843.84 129.64 297.43 134.22 28.73 9.39 33.00 22.91 23.37 5.35 35.53 33.81 7.16 2.91 10.88 4.61 66.28 5.36 39.77 21,873.11 5.33 31,105.45 7,230.00 828.61 1,328.69 709.87 688.61 PAGE 1 PAYROLL 307,717.11 0.00 0.00 400.98 0.00 4,501.35 0.00 24.38 11,200.82 1,188.80 1,188.80 96,933.10 0.00 0.00 0.00 0.00 0.00 84,903.18 3,924.00 0.00 2,143.98 80,851. 32 383.34 1,150.01 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 7,661.89 0.00 0.00 0.00 2,295.20 4,386.65 1,088.18 2,673.72 07/06/01 FZABWARR FUND 183211 184203 185001 186 186204 205 242 282 304 316 316001 362 388 395 401 418 421 441 451 461 471 4r 5. 505 505001 510 611 615 625 630 ~ ST. LUCIE COUNTY - BOARD DATA 'will' WARRANT LIST #40- 30-JUN-2001 TO 06-JUL-2001 FUND SUMMARY TITLE Civil Traffic Infraction officer st Ft. Pierce Beach Restoration SHIP Housing Assistance FY 00/01 Recycling Operating Fund Recycling & Education Grant FYOO/01 Beach Bond I&S Fund Port I&S Fund Environmental Land I&S Fund Communication System Fund County Capital Transportation Capital Sports Complex Improv Fund Briargate MSBU Capital River Branch MSBU Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Information Technology Fund Health Insurance Fund Property/Casualty Insurance Fund Service Garage Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Tax Deed Overbid Agency Fund GRAND TOTAL: EXPENSES 1,700.00 300.00 6,772.00 4,454.21 154.48 5,103.05 2,253.27 8,421.35 423.24 17,160.50 875.00 260.00 23,004.92 1,350.00 12,145.16 14,075.43 1,348.54 52,674.12 17,671.60 8,113.86 12,168.62 5,539.23 23,902.98 786.95 437.70 7,261.05 3,518.05 104,062.40 13,697.10 29.03 1,082,873.65 PAGE 2 PAYROLL 0.00 0.00 0.00 1,808.32 602.78 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 31,370.42 18,638.44 175.11 3,572.06 615.26 10,951. 04 3,984.99 26,922.35 69,041.42 3,055.55 1,707.53 9,467.13 3,266.10 0.00 0.00 0.00 799,795.31 ~ ""'" 07/06/01 ST. LUCIE COUNTY - BOARD DATA FZABWARR VOID LIST# 40- 30-JUN-2001 TO 06-JUL-2001 FL._.J: 395 - River Branch MSBU Capi tal CHECK INVOICE VENDOR 00273083 12123130 City of Port St Lucie PAGE 1 TOTAL 1,350.00 FUND TOTAL: 1,350.00 '-" .."". 07/06/01 ST. LUCIE COUNTY - BOARD DATA FZABWARR VOID LIST# 40- 30-JUN-2001 TO 06-JUL-2001 FLu~: 401 - Sanitary Landfill Fund CHECK INVOICE VENDOR 00273083 I2123038 City of Port St Lucie PAGE 2 FUND TOTAL: TOTAL 182.11 182.11 06/29/01 F""ABWARR FUND 001 001128 001130 001138 001243 001256 001259 001260 001813 101 101001 101002 101003 102 102001 105 107 107002 111 112 115 , _ .J 122 126 139 140 140001 140121 140309 145814 160 183 183001 183002 183004 183213 184202 184203 184204 184803 186 301 304 310002 316 ?t:'2 '-' ST. LUCIE COUNTY - BOARD DATA "WI WARRANT LIST #39- 23-JUN-2001 TO 29-JUN-2001 FUND SUMMARY TITLE General Fund Section 112/MPO/FHWA/Planning FY01 TC Community Action Agency FYOO/Ol USFW Native Vegetation Restoration Childern's Environ. Learning Center CTD TRIP Grant FY 00/01 Emergency Mgmt. Prep & Asst. FY 00/ DCA Housing Survey C/S/C Lawnwood Stadium Batting Cage Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar River Park I Fund River Park II Fund Sheraton Plaza Fund Paradise Park Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting Palm Grove Fund Port & Airport Fund Port Fund FAA Taxiway A-3, Airfield Signage Installation #236741-1-94-01 2000-2001 Lagoon License Plate gran Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court OSCA-Article V Transcribing 00/01 Ft Pierce Inlet Mgmt Implementation Ft. Pierce Beach Restoration South Co. Post Storm Study FDEP FIND-Ft Pierce Inlet Hydrodynamic Recycling Operating Fund So. County Regional Stadium Communication System Fund Impact Fees-Parks County Capital Sports Complex Improv Fund Environmental Land Capital Fund EXPENSES 807,506.89 259.41 2,145.00 19,997.97 16,135.20 17,591.04 1,586.25 1,873.26 350.00 36,978.62 1,710.00 40,905.18 6,562.92 6,776.60 12,861. 41 3,497.37 2,806,781.56 6,329.48 2,523.93 508.14 450.45 724.52 150.91 872.20 108.80 649.90 4,609.82 348.00 4,803.26 533.69 705.00 4,069.59 1,237.15 190.77 50.00 180.38 3,276.00 3,409.60 39,436.31 2,500.00 2,557.70 2,452.08 22,600.13 168.22 947.70 35,013.72 2,688.22 2,119.99 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 06/29/01 F7.ABWARR FUND 390 395 401 401221 418 421 441 448 449 451 461 471 491 501 505 510 611 625 .'-" ST. LUCIE COUNTY - BOARD DATA ..,.¡ . WARRANT LIST #39- 23-JUN-2001 TO 29-JUN-2001 FUND SUMMARY TITLE Treasure Cove/Ocean Harbor S Cap River Branch MSBU Capital Sanitary Landfill Fund Wast Tire Grant FYOO/01 Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities Renewal & Replacement Fund Capital Facilities Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Information Technology Fund Health Insurance Fund Service Garage Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 987.50 1,350.00 427,387.57 8,016.50 14,920.55 37.80 2,963.22 743.20 3,685.58 2,051.29 8,411.53 3,431.54 16,020.89 122,435.13 250,604.33 30,751.14 25,852.38 457.95 4,849,842.44 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,946.83 0.00 0.00 0.00 7,946.83 '-" AGENDA REQUEST 'wIJI ITEM NO. C-2A DATE: July 10, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Director, Parks & Recreation SUBMITTED BY(DEPT): Parks & Recreation SUBJECT: Acceptance of $10,000 donation from WIRAlWPSL Xmas Kids, Inc. BACKGROUND: WIRAlWPSL Xmas Kids, Inc. has been an on-going benefactor to the Parks & Recreation Department. Each year they donate dollars to help support our department's various recreation programs and camps. This year they are donating $5000.00 to the aquatics program and $5000.00 to the summer camp program at Lincoln Park area. FUNDS AVAILABLE IN: 7216104001 366900-712 (Recreation Donation Fund) PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners accept the $10,000 donation from WIRAlWPSL Xmas Kids, Inc. COMMISSION ACTION: [XJ APPROVED [] DENIED [ ] OTHER: NCE: o Anderson unty Administrator Coordination/Siqnatures County Attorney: Originating Dept: /Þ Finance: (Check for Copy only, if Applicable) Mgt. & Budget: Purchasing Mgr.: Other: Other: En. 1/97 H:\WP\WPSL AGENDA BUDGET RESOL.wpd II' '--' ""'" WIRA I WPSL XMAS KIDS, INC 8245 Busines9 Park Drive Port St Lucie, Florida 34952 Linda Bro'M1, Administrative Support Coordinator St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 Re, 2001 Donation Dear Ms. Bro'Nn: The WIRA I WPSL Xmas Kids, Inc. respectfully request that we placed on the agenda at a regularly scheduled meetmg of the St Lucie County Board of County Commissioners. It is our intention to donate $ 5000.00 to the aquatics program and $ 500000 to the summer camp program in the Lincoln Park area Your assistance in this matter is greatly appreciated, Y~ may contact me with the date and time of the meeting at the telephone number listed below Very truly yours, ,.I-Ai11ne Clutter, Pre31dent M4-6041 (;P. ~ ~l. Grace McNeil, Secretaryrrreasurer 461-2506 ,~ \,.f ...",; ßOARD OF COUNTY COMMISSIONERS July 10, 2001 Pauline Clutter, President WlRAlWPSL Xmas Kids, Inc. Dear Mrs. Cluter: On behalf of the St. Lucie County Board of County Commissioners, the Parks & Recreation Department and the children of St. Lucie County, I would like to extend our warmest appreciation for the generous $10,000 donation for St. Lucie County's summer programs. \VlRAlWPSL Xmas Kids, Inc.'s on-going support exemplifies the dedication needed for continued success of St. Lucie County's youth programs and confirms their commitment to the children of St. Lucie County. '-' AGENDA REQUEST 'will ITEM NO. C-2b DATE: July 10, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Director, Parks & Recreation SUBMITTED BY(DEPT): Parks & Recreation SUBJECT: Accept the first year $10,000 "Exclusive Rights Payment" from the Pepsi Bottling Group ("Pepsi") and approve Budget Resolution # 01-166. BACKGROUND: On February 13, 2001, the BOCC authorized staff to negotiate a contract with Pepsi-Cola the # 1 ranked proposer for RFP #01-016 Soft Drink Pouring Rights & Machine Vending. The Agreement which was approved by the BOCC on June 5, 2001 stipulates that Pepsi will pay $10,000 for 10 years. FUNDS AVAILABLE IN: 001-7210-369913-79502 (Parks & Recreation Advertisement) PREVIOUS ACTION: Pouring RightsNending Agreement approved at the June 5, 2001 BOCC meeting. RECOMMENDATION: Request that the Board of County Commissioners accept the $10,000 payment from The Pepsi Bottling Group ("Pepsi") and approve Budget Resolution # 01-166. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: CE: Coordination/Siqnatures County AttorneY~z Originating Dept: . \ . Finance: (Check for Copy only, if Applicable) Mgt. & Budget: Purchasing Mgr.: Other: Other: err. 1/97 H:\WP\Pepsi 10,000 agenda.wpd ¡;. '-' ...,/ RESOLUTION NO. 01-166 WHEREAS. subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available for the exclusive rights payment for the South County Stadium. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 10th day of July, 2001, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2000-2001, and the County's budget is hereby amended as follows: REVENUES 001-7210-369913-79502 Advertising $10,000.00 APPROPRIATIONS 001· 7210-563000-79502 Improvement Other Than Buildings $10,000,00 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes Commissioner John D, Bruhn Commissioner Paula A. Lewis AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED THIS 10th DAY OF JULY, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY I m: t"'t:t"::il BOTTLING .. . "', :.;:::~ .:: :;: -.' : ,', : . 61640348 NE:t..A, MÞûNtc '- ~'.-'-. ..-.:..;.:.'.:..-.... FRAN " .. $~PlIEÅREf \4 7146736 06-25-01 CONTRACT 10,000.00 .00 10,000.00 ~ '" " " U Q. . E ~ TOTALS 10,000.00 .00 10,000.00 SOR T NO DIRECT INQUIRIES TO 1-800-442-8601 .. DETACH ALONG THIS PERFORATION .. " THE PEPSI BOlTLlNG I '!:I::{e:l~4~[' ... GROUP, INC. 06/26/01 ] 61640348 I SOMERS NY 10589 . ************************************************************************************************ PAY************************************************************************************************ 62·26 Void After 180 Days -W DISBURSEMENT ACCOUNT .: 1:11 in.. =-.].::1..: 1I..'1[Ii:1 ~ It~.: ,.\........ 'III. '['(11"'):1 ::(t. :,., 1t:4: 11' {.III~ 1'.a..U"', WII =II :/" ~::(. D1A'T_E ~I =*.~'I'j[.lIJ~. "$10,000.00 Ten thousand and 00/100 Dollars TO THE ORDER OF 6'640348 505S-œ , Chase Manhattan BanI( De!ewere , 201 Ma"'et Str... Wilmington. DE 19801 ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 2300 VIRGINIA AVE FT PIERCE FL 34982 :PBG 1:1 =II :,.,:..:..] a.: Ii...... ":I;tlt :.IJI'I~I ", I. ~""1""'·1 ::"1 :1("". ,".1. ::(:1 r ,_, -I :..: [.)...., .'. ~...~ ~ [11. ~ ".'.1 I~, II" Db ~bL,O jL,BII" 1:0 j ~ ~OO 2b 71: b jO ~L, 50 5 5 ~ 50 gil" v TO: '-' ....-I ITEM NO. (-~ (. AGENDA REQUEST DATE: July 10, 2001 CONSENT · [X REGULAR PUBLIC HEARING [ ] Leg. [ Quasi-JD. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Parks and Recreation SUBJECT: BACKGROUND: FUNDS AVAIL: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [X [ APPROVED OTHER: ;r/ County Attorney: 9 Originating Dept: ~ , Finance: (copies only) . Agelwcf.doc Pete Keogh Director Authorize the County Administrator to sign the grant application and authorize staff to submit a Land and Water Conservation Fund Program grant application for passive and active recreational improvements at the Ancient Oaks park site. 4 The Florida Department of Environmental Protection Bureau of Design and Recreation administers this program on behalf of the U. S. Department of the Interior, National Park Service. Since this program funds partial or complete development of a park, the grant will assist the County in reaching our recreational goals for the Ancient Oaks Park. Located on Oleander Avenue, the proposed improvements include a multi-purpose field that can be utilized as softball, soccer or open field for frisbee. Since the grantee has up to three years to complete the project, the County will have enough time to receive the permits, clear the non-native invasive vegetation in the project area, and construct the entrance, parking and recreational facilities. The existing hiking trails will also be marked to provide an area for passive recreation. The grant funds would be available in early 2002. t · · The application is for $150,000 and the County has a match of $180,000 identified for Ancient Oaks from the park impact fee section account #310002-7240-563000-31010. t The Recreation Advisory Board approved this recreation concept on June 18, 2001. Staff recommends that the Board authorize the County Administrator to sign the grant application and allow staff to submit it to FDEP Bureau of Design and Recreation. DENIED Mgt & Budget: Purchasing: Public Works: Other: '-" ~------ - =-'<5- ëíj , ----- . ...: I Cl; = ~ ¡ ... . .§'" ;i j ¡ T -q; ¡ o~d ¡ ~t.~¡ :J ( 0..1 ~, g¡ Ii § I:~i t: ]!i! 4:>.> "Š» . J I . f J '-.../ ~ ;¡ , .5 ¡;: ~ ~= ~: .. .Ii ~ Land and Water Conservation Fund ..."" I What is the Land and Water Conservation Fund Program? LWCF is a competitive program which provides grants for acquisition or development of land for public outdoor recreation use, How is LWCF Administered? Florida's Department of Environmental Protection (DEP), Division of Recreation and Parks, Bureau of Design and Recreation Services, administers the program on behalf of the U.S. Department of the Interior, National Park Service, The Program is governed according to Florida Statutes, Administrative Code and the LWCF Grants ManuaL Who Mav Applv for LWCF Funds? All local governmental entities with the legal responsibility for the provision of outdoor recreational sites and facilities for the use and benefit of the public. How Do I Applv? For Fiscal Year 2000-2001, applicants must submit a completed LWCF grant application during the announced submission period, June 18 - July 18,2001. Applicants may submit only one application during the submission period, Applications must involve only one project site except for acquisition or development of sandy beach acccss, What is the Maximum Grant Amount? The maximum grant amount for Fiscal Year 2000-2001 will be $150,000, Florida will receive $3,810,834 statewide for Fiscal Year 2000-01. What is the LWCF Matching Ratio? The matching ratio is one applicant dollar to one federal dollar for all LWCF grant awards (50% /50%). What Can I Use to Match a LWCF Grant? "Cash; "Value of donated real property owned by applicant (subject to conditions);"ln·kind services. What mav LWCF Funds be used for? Development: Outdoor recreation areas and facilities such as beaches, picnic areas, trails, ball fields, tennis and basketball courts and playgrounds along with associated support facilities such as lighting, parking, restrooms and landscaping, Enclosed buildings and structures (except restrooms, restroom/concession buildings and bathhouses) are ineligible, Acquisition: Land for outdoor Applicants must contact DEP negotiations for purchase of the sitc. recreation prior to purposes, beginning Must an applicant own the proiect site? Development: The applicant must own the project site or lease it from a public agency by the closing date of the application submission period. Land owned or leased by the applicant must be dedicated in pcrpetuity as a public outdoor recreation area, Acquisition: An applicant must obtain DEP approval prior to entering formal negotiations for purchase of property which is the subject ofa LWCF application, . How are LWCF Grants Awarded? Each application is reviewed to determine eligibility, The Bureau of Design and Recreation Services evaluates each eligible application according to the Florida Administrative Code and the LWCF Manual, and assigns a final score, Based on the scores, the Bureau prepares and submits a recommended priority list to the Secretary of the DEP for approvaL State approved projects are then submitted to the U,S, Department of the Interior, National Park Service for final review and award, If an applicant is awarded LWCF funds, what are the maior reauirements? Project Agreement: DEP and the grantee will enter into an agreement setting forth conditions consistent with DEP policy, the Florida Administrative Code and the LWCF ManuaL Completion Time: Grantees may bc allowed up to two (2) years from the effective date of the agreement to complete development projects, and one year for acquisition projects, Payment Schedule: Grantees will receive LWCF funds on a reimbursement basis, Project Plans: Development projects shall have final plans prepared and certified by a registered engineer or architect. Project Accessibility: A recipient of fcdcral funding may not, directly or through contractual or other arrangements, on the grounds of age, race, color, sex, national origin, physical or mental disability, deny an individual any service or benefit which could otherwise be reasonably provided, Site Dedication: LWCF assisted park land must be dedicated as a public outdoor recreation area in perpetuity, Grantees must commit to operate and maintain LWCF assisted public recreation facilities for the expected life of the facility or for a minimum of twenty-five (25) years aftcr completion of construction, Land Acquistion: Unless approved by DEP in advance, formal negotiations for acquisition of a L WCF assisted site may not begin until the grant is awarded by the National Park Service. Grantees have up to three (3) years to develop the propcrty after purchase, Who Do I Call for More Information: Department of Environmental Protection Division of Recreation & Parks Bureau of Design & Recreation Services 3900 Commonwealth Boulevard, MS #585 Tallahassee, Florida 32399-3000 Phone (850) 488-7896 (Suncom 278-7896) Fax (850) 488-3665 (Suncom 278-3665) N o o (f)N 0::"':- UJo ZO ON -0:: (f)« (f)UJ :¡¡:>- :¡¡:..I 0« 00 >-~ I-u. Zo:: :JO Ou. 01- u.(f) OUJ C:J 0::0 «UJ 00:: cal- ~ffi Z:¡¡: :JUJ 0> O~ UJa.. -:¡¡: 0- :J..I ..1« 'l- I-- (f)a.. « o o o o 0" CO .... W ~ l) Z < Z W I- Z < :::E ¡:.: Z ::) o :::E < I- W C) o ::) ~ ..J <I' 1-1 õ: U) <, W l). >- xl x . wi' ß c.. 0 ~" ffi C)_ :::E ZI: :::E ÕJ~ 0 Z,' 0 ::) ,: W ~I_ a: -"; '. Z. 0., ¡::" l) ;, ::) '.' ~I·.. ~ U) ZI (§ 0 I-- l) ~ 3:' lJJ W' è3 Z· ~ "" ~~ w w, :::E "");¡, ¡:.: < ~;1 Z Z c..' W I- :::E l) ~I" I- W 0, a: (3 ~I; ~ g: ~I ~ .. ~;; Z <" Z W I- ,. 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(I) (I) 00 (,)(,) II. -I ::I c( 1;::::1 c( z Iii ~ o "'"' u .. .. u c: .. c: .. ë ëii E ëõ " c c: '" .; u .~ Q) .. ëõ :¡; 0 ûi " u .; ~ "5 .; " c ., > I!! " ., ~ .!:! ë .. .. .. .c u " .. - u ~ E ~ E I~ 9 ... 0 c: .!2 ... c: co 11'; >< CII CII " " .c ~ N o :¡; ::> (f) CL cl. ..J <C Ü w a. (f) ~ en c: U c Ë ~ c: Q) E 't: '" Q. o 15 Q) " " .c N o ~ ~ ::> o ¡::: w C) o ::> ~ o , -' .,./ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ~ APPROVED D OTHER '-' Agenda Request Board of County Commissioners Community Development Director Item N~er ~ 3A Date: July 10, 2001 Consent Regular Public Hearing Leg. [ ] [ X ] [ ] [ ] Quasi-JD [ t Development Dir. Cypress Point - POD 26 at the Reserve - Replat - Final Plat eview County staff has reviewed this final subdivision plat and determined it to meet all minimum technical standards. N/A N/A Staff recommends that the Board approve the final plat for the subdivision to be known as Cypress Point, and authorize staff to proceed with its final processing. D DENIED ,)4 Coordination! Signatures Mgt. & Budget: Other: County Attorney Originating Dept.: Finance: ouglas M. Anderson County Administrator Purchasing: Other: (AGEND538a) '-' ...,,; .. COUNTY COMMISSION REVIEW: July 10, 2001 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT . To: Board of County Commissioners From: Dennis Murphy, Interim Community Development Director Date: July 3, 2001 Subject: Request for final plat approval for Parcel 26 (Cypress Point) - Replat - Final Plat Review Attached is a copy of the Final Plats for Parcel 26 @ The Reserve. This parcel is also referred to as "Cypress Point". The parcel received a minor adjustment to the site plan on January 3, 2001. All of the construction work associated with this subdivision has been completed. Final certifications have been submitted to the County. Since the subdivision is to be privately maintained, no maintenance bonds will be required. Staff recommends that the Board authorize the Final Processing of the Replat of Parcel 26 @ the Reserve (Cypress Point). If you have any questions, please let me know. SUBMITTED: Ity Development Director DJMlcs H:/wp/projectsJreserve/Parcel 26/plat.41701/stfrpt.doc cc: County Administrator Asst. County Administrator Community Development Director File ~ t , I , I I i "I' ih~ , ~" ~!!;¡ ~-<~. 13,' ;; ª'! ~, ,I¡ ¡I ~ª! !~ ¡~H " -<'I ø .1. I ¡!~ ~:! ~,~ R ·i'~~e; Î'i~S . !I~~~; ii;~i !¡ i~'äl ª~~I . "i§! .¡.í¡ ~, 1=.....' !~~ ;:I""~ " "i ;¡!¡!~I ~Ë!' ~'. i!~î ~!* il ~'i~1.Î ~ ~h ;;li~1 e!~3~ ~Uh i~!!'i 'W' ~ii"U .§¡,I. ~.¡,ªi ò~'··1 .~ ,.' .·!õ~ h.t¡, b;'-~I' !!~': jF3j" ~~* ~ ~~"'I ~I'~ii "Mil !I~Š .~!~~' "iW. ~i: ~ ð Pi¡ ·'·~I ~ ~ ~i i ~. H' I -', ø :1;. 11~ªi . !., ~ ~.- ~ ;~! !.! ;¡..:. .iI .~. ¡" . ~i j~! !~~ '2' 5e~ 'ª,' I 1!!¡mI111¡ \; I =~~ q" '1 ~ '''111 I I Iln! 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( ( I I Ii 0 To ~ Þ r -< ,." ¡Pii r-1 II z 9 I I I' I . I I I , \r/ To: Submitted By: SUBJECT: BÀCKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [JC] APPROVED D OTHER County Attomey Originating Depl.: Finance: '-' Agenda Request Item ~ber 0<3 t3 Date: July 10, 2001 Consent Regular Public Hearing Leg. [ ] [X] [ ] [ ] Quasi-JD [ Board of County Commissioners Community Development Director The Grove at Pantherwoods - Replat - Final Plat Review On November 16, 1981, the Pantherwood (aka Meadowood, Monte Carlo) site plan was approved. On December 8, 1989 a minor revision to the site plan was approved. On May 22, 2001, the developer submitted an application for a name change to a portion of the Pantherwoods from Sand Dollar Village to the "Grove at Pantherwoods. 4 County staff has reviewed this final subdivision plat and determined it to meet all minimum technical standards. N/A . N/A Staff recommends that the Board approve the final plat for the subdivision to be known as The Grove at Pantherwoods - Rep/at, and authorize staff to proceed with its final processing. D DENIED NCURRENCE: Douglas M. Anderson County Administrator y Coordination! Signatures Purchasing: Other: Mgt. & Budget: Other: (AGEND538a) ¡ \wf "J ,f COUNTY COMMISSION REVIEW: July 10, 2001 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Dennis Murphy, Interim Community Development Director Date: July 3, 2001 Subject: Request for final plat approval for The Grove At Pantherwoods - Replat On November 16, 1981 the site plan for Pantherwoods (aka Meadowood and Monte Carlo) was approved. The Board of County Commissioner approved a minor adjustment to the approved site plan on December 8, 1989. The applicant's request for a name change from Sand Dollar Village to ''The Grove at Pantherwoods is now ready for the final plat approval. County staff has reviewed this final plat and determined it to meet all minimum technical standards. Staff recommends that the Board authorize the final plat for the subdivision to be known as The Grove at Pantherwoods, and authorize staff to proceed with its final processing. If you have any questions, please let me know. SUBMITTED: APPROVED AS TO FORM: Development Director Daniel Mcintyre County Attorney DJMlcs H:/wp/projects/G rove/plat/stfrpt ,doc cc: County Administrator Asst. County Administrator Community Development Director File E -ç.::: c ,,> . !9~~~ ~~ " '" ~t.'Ì ~~:?;~ ~~~:i:i ~~~~~ê~§~ -·'1 '" ",,-, ~~1!~., ~;;¡ I ~~~~ ~L:>,~<,~ " " 0'}~ -,. ¡ " r.;-, r- ~ 6Q~-'" ~~ R~i ~ ~~7A~ ...1 "'~:;,~~ ~ :r; ;::;:1"- v, ç::'"" ~~i~s tJ;:!;¡ , ;:!~~Çj ~~¡ :t;;:Iõ¡ ;¡ I~""" v, iC:1 ~~:f':''-'';: " a ~! ~~..,~ ~~¡ ~ I :;.:.,Ç!¥ '. 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I ~ I i ~ ! ¡ , ! ~:~~~~~~~~ ~I r, ~ ~ :; :." ¡ p ~~ ~~ ~~;~.;., ¡~~~ ~ 1'+' lit 0' .. ~ ~ >~ tI:J ~ '1j ~~ ~ () ~~ Z t-rl :!~ Z t'.J §;giì! ~ 0 ..~ìI L-J ~ ~;~ tj ""-¡ :!~~ M ~..~ ~ ..;I~~ tIJ '>-- "''11::..;1 UJ r ,...~n¡~ ....... ¡¡ ,.. ): C> I-i >-3 "'<:: .. v B~~¡ tIJ ~,a~ Z 1j ~~~~ j > ~U~ ~ Z t~~ tj >-3 ¡g,.~ tIJ ~ ~~"< <: M ~~~ ~ ~ ~i b fJj '1j ~ ~ ~ 0 zo ~ d UJ 4 I I I ' , , .; " t=j 'C r; -i t:C o o :>: I t1 o o ¡;j ~ z c:: ¡;:; I:IJ I"J ::a L '-' -wi AGENDA REQUEST ITEM NO. C-4B DATE: July 10, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: (õ~~B~j~~~ County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: RFQ #01-050 - Lennard Road PD&E Study, BACKGROUND: The section of Lennard Road between Cane Slough Road and the Port St. Lucie High School is planned to be constructed as a four-lane divided road using state advance funding through the Florida Department of Transportation. Additionally, the section of Lennard Road between Port St. Lucie High School and Silver Oak Drive is planned to be constructed as a two-lane road using the state advance funding. The FOOT has pledged $15.26 million in state advance funds for this project. The County will receive a Notice-to- Proceed authorization letter from FOOT on or about July 1, 2001. This action will allow the County to proceed with initiating a Project Development and Environmental (PD&E) Study for Lennard Road, On May 8, 2001, BOCC granted permission to advertise for selection of a consulting engineer to complete the PD&E Study for Lennard Road. On June 6, 2001, consultant qualifications were received, On June 21, 2001, qualifications were evaluated and three firms were shortlisted to submit written proposals for the Lennard Road PD&E Study. The three firms include: PBS&J, Reynolds, Smith & Hills, Inc" and Kimley-Horn & Associates, Inc. FUNDS AVAIL.: FOOT state advance funding in the amount of $15.3 million dollars. PREVIOUS ACTION: May 8, 2001, BOCC granted permission to advertise for selection of a consulting engineer to complete a PD&E Study for Lennard Road, RECOMMENDATION: Staff recommends approval of the three firms shortlisted to submit proposals for the Lennard Road PD&E Study. [x]County Attorney [x]Originating Dept. Public Works .1e~ lennardrfqshortlist.ag n- ~/ Coordi nation/SiQnatures COMMISSION ACTION: [2d APPROVED [ ] OTHER: [ ] DENIED [x]Revenue Coord, ßt\\1 Þ-jOther ¡fc- [ ]Mgt. & Budget [x]Co. Eng ~' ( '-' "-Ì BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REQUEST FOR QUALIFICATIONS Sealed Qualifications will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, until 2:00 P.M. local time on Wednesday, June 6, 2001, for the following: RFQ # 01 - 050 QUALIFICATIONS FOR CONSULTANT SERVICES FOR LENNARD ROAD PD & E STUDY PUBLIC WORKS I ENGINEERING DEPARTMENT RFP documents may be obtained via the internet by contacting DemandStar.com or by using the County's website at http://www.stlucieco.gov. If you do not have internet access, you may obtain the documents by calling DemandStar.com at 800-711-1712 and request document number #050 or contact the Office of the Purchasing Director at 2300 Virginia Avenue, Fort Pierce, Florida, 34982, (561) 462-1700. RFQ's may be mailed or hand delivered to the Purchasing Department, 2300 Virginia Avenue, 2ND Floor, Rm. 228, Fort Pierce, FL 34982. All RFQ'S must be receive and "clocked in" at the Purchasing Department. Any RFQ's received after the above stated time will be returned to the bidder unopened. The Board of County Commissioners reserves the right to waive any informalities or minor irregularities; reject any and all bids/proposals which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any proposal in whole or in part with or without cause; and accept the proposal which best serves the County. For Bids, RFQ's, Bid Results and other information visit the St. Lucie County Purchasing Web Site at http://www.stlucieco.gov St. Lucie County is an Equal Opportunity/Affirmative Action Employer. Board of County Commissioners St. Lucie County, Florida By: Ruth Totton, Interim Purchasing Director PUBLISH: Friday, May 11, 2001 BILL & PROOF: Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 . R#ÞIL '-' ArchItectural, EngIneering, PlannIng and Environmental Sfll'Vlces Reynolds, Smith and Hills, Inc. 300 South Pine Island Road, Suite 300 Plantation, Florida 33334 Tel: 954.474.3005 Fax: 800.490.3942 June 6, 2001 Ms. Ruth Totton: Interim Purchasing Director St. Lucie County Purchasing Dept. 2nd Floor Annex, Rm 228 2300 Virginia Avenue FI. Pierce, Florida 34982-5652 RE: Request for Qualifications 01-050 Lennard Road PD&E Study Work Groups: Major 2.0 Minor 3.2, 6.1, 8.1, 8.2, 9.1 FDOT FM Number(s): 410262-1-58-01 Dear Ms. Totton: The Reynolds, Smith and Hills, Inc. (RS&H) project team is pleased to express our Interest in providing Project Development and Environmental (PD&E) services to SI. Lucie County for this important project. RS&H, along with our subconsultants, are pre-qualified in all of the Work Groups required for this project. RS&H propose two subconsultants Betsy lindsay, Inc. (BL), an FOOT certified DBE finn, for design survey and Professional Service Industries, Inc. (PSI) for geotechnical engineering. William T. Evans, PE, AICP will serve as Project Manager with Joe Gómez, PE as Project Director and Jeff Easley, PE, as Senior PD&E Engineer, all of whom possess extensive PD&E study experience and knowfedge. As demonstrated on previous transportation PD&E study projects, our team is thoroughly qualified to provide all related professional services based on our relevant experience, our understanding of the key project issues, our recent visit to the project site, and our recent dialogue with FDOT and County representatives. The RS&H team will identify, evaluate, and develop feasible design altematives that will aim at improving the engineering and operational conditions, minimizing the environmental and right-of-way impacts, and are acceptable to the County, the Department and the community. The RS&H project team has extensive experience working with Florida Department ofTransportation, Districl4 during many PD&E studies involving Environmental Impact Statements (EIS), Section 4(f) Statements, Environmental Assessments (EA) and Finding of No Significant Impact (FONSI), Categorical Exclusions (CAT EX), and Reevaluations. The following is a brief list of PD&E and environmental projects that RS&H team members are currently working on or have successfully completed for the Department: District 4 Districtwide PD&E Services District 6 Districtwide PD&E Services · Roosevelt Bridge PD&E Study · SR 7 Extension PD&E Study · 1-95/1-595 Master Plan · PGA Boulevard PD&E Study · 1-95 / Palm Beach International Airport Direct Connector PD&E Study · 1-95 / Okeechobee Boulevard (SR 704) Interchange PD&E Study · 1-95 Corridor Study (Linton Boulevard to PGA BOlJlevard) · SR 710 Reevaluation Study · SR 811 (Dixie Highway) PD&E Study The RS&H team fully understands the significance of thoroughly evaluating and dOaJmenting the applicable PD&E study elements in order to obtain FHWA approval thereby granting Location and Design Acceptance of Concept. PROJECT DESCRIPTION, CONDITIONS, AND ISSUES The Lennard Avenue PD&E Study consists of reconstructing the roadway from two lanes to four lanes with median from just north of Port SI. Lucie Blvd. to Walton Road, with a new two lane alignment from Walton Road northward linking up with US 1. The current land use includes residential, commercial and light industrial designations intermittently spaced along the corridor. Community features include the three schools, ViUage Green Elementary, Port St Lucie High, and Calvary Academy Christian. North of the High School the roadway's future alignment is located adjacent to the Village Green Retirement Community and will travel through the Spanish Lakes Retirement Community. An active public involvement program working together with these communities is important in gaining their support, Engineering issues include reconstructing the existing two lane with a four lane divided roadway, providing for bicycle and pedestrian needs, developing a feasible stormwater system with proper treatment elements, and compensating for floodplain encroachments. In conjunction with the roadway alternatives. the RS&H team will evaluate bicycle lanes, pedestrian needs, access management and right-of-way impacts, .' , 'r _. .- '-' AGENDA REQUEST ITEM NO. ~c DATE: July 10, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] t SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV « TO: BOARD OF COUNTY COMMISSIONERS J. Scott Herring, Asst. Manager Road and Bridge Division , SUBJECT: Installation of a Four (4) Way Stop at the Intersection of Lennard Road and Jennings Road/Maslan Avenue. . BACKGROUND: The City of Port St. Lucie has recently initiated construction for improvements on Lennard Road that has necessitated the closure of the Intersection of Lennard Road and Mariposa Avenue. The traffic from this intersection is being detoured to Jennings Road to access U.S. 1 as shown on the attached diagram. This construction project is anticipated to take approximately one (1) year. Due to the increase in traffic using the intersection of Lennard Road and Jennings Road / Maslan Avenue staff has determined that this intersection should be converted to a four (4) way stop intersection. Traffic currently stops only on Jennings Road and Maslan Avenue. At such time as the construction is complete the stop signs would be removed from Lennard Road. « . FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board adopt resolution number 01-171, establishing the intersection of Lennard Road and Jennings Road / Maslan Avenue as a four (4) way stop intersection. [X] APPROVED [ ] OTHER: [ ] DENIED as M. Anderson nty Administrator COMMISSION ACTION: [XI County Attorney [X] Originating Dept Public Works ~ [ ] Finance (check for copy only, if applicable) )r Cnordi nation/Sig natures l I Purchasing [X] R& B Manager .Q..J# ~.- ~ "" ß {/ [ ] Mgt & Budget [X]CO,En9~' , > , .~.. '-" ....,;I RESOLUTION NO. 01-171 A RESOLUTION DESIGNATING A MUL TI- WAY (4 WAY) STOP AT THE INTERSECTION OF LENNARD ROAD AND JENNINGS RD./MASLAN AVENUE IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations, 1. Section 316.008(1 )(a), Florida Statutes, authorizes the Board to designate any intersection under its jurisdiction as a stop intersection. 2. The intersection of Lennard Road and Jennings Road / Maslan Avenue are under S1. Lucie County's jurisdiction. 3. Due to the increase in Traffic at this intersection, because of the Lennard Road Construction Project, the Road & Bridge Division of the Public Works Department of St. Lucie County has recommended that a multi-way (4 way) stop be designated at the intersection of Lennard Road and Jennings Road / Maslan Avenue. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County Florida: 1. The intersection of Lennard Road and Jennings Road / Maslan Avenue are hereby designated as a multi-way (4 way) stop. 2. The S1. Lucie County Road and Bridge Manager is hereby directed to erect stop signs at the intersection of Lennard Road and Jennings Road / Maslan Avenue. 3. The County Administrator is hereby directed to provide copies of this resolution to the Sheriff of S1. Lucie County, the S1. Lucie County Road & Bridge Manager, and the City of Port St. Lucie City Manager. 4. This resolution shall expire upon the completion of the Lennard Road Construction Project. \.; ....J After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Cliff Barnes Commissioner Paula Lewis Commissioner John D. Bruhn PASSED AND DULY ADOPTED this 10th day of July, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY "- AGENDA REQUEST ITEM NO. ::'. ~:f1 DATE: July 10, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: U.S. Government Lease No. 631 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Lease Agreement for a period of five (5) years. [~APPROVED [ ] DENIED [ ) OTHER: ouglas Anderson County Administrator COMMISSION ACTION: County Attorney: Eft· Review and Approvals Management & Budget Purchasing: Originating Dept, Public Safety Dir,: County Eng,: Finance: (Check for Copy only, if applicable) Eft. 5/96 --- -- - -- - --- f> ~ ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-935 DATE: June 28, 2001 SUBJECT: U.S. Government Lease No. 631 ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: The U.S. Customs Service desires to lease tower space at the Emergency Operations Center. A copy of U.S Government Lease No. 631 is attached. The initial term of the lease is from October 1, 2001 through September 30, 2006. RECOMMENDATION/CONCLUSION: Staff recommends that the approve the Lease and authorize the Chairman to sign the Lease. Respectfully submitted: Daniel S. McIntyre ' I. County Attorney DSM/caf Attachment .. "-" U.s. GOVERNMENT LEASE FOR REAL PROPERTY (Short Form) 1, LEASE NUMBER 631 PART I _ SOLICITATION/DESCRIPTION OF REQUIREMENTS (To be completed by Government) A, REQUIREMENTS The Government of the United States of America is seeking to lease tower space at the 500 foot level to mount a DB-264 or similar type vertical antenna (tower height) with he Ii ax cable and approximately 6 square feet of space in an existing equipment room for placing a VHF-FM radio repeater including a duplexer and telephone control line in1 Fort Pierce, FL for occupancy not later than October 1, 2001. B, STANDARD CONDITIONS AND REQUIREMENTS The following standard conditions and requirements shall apply to any premises offered for lease to the UNITED STATES OF AMERICA (hereinafter called the GOVERNMENT): The Lessor shall provide a valid Occupancy Permit for the intended use of the Government and shall maintain and operate the building in conformance with all applicable current (as of the date of this solicitation) codes and ordinances, The leased space shall be free of all asbestos containing materials, except undamaged asbestos flooring in the space or undamaged boiler or pipe insulation outside the space, in which case an asbestos management program conforming to Environmental Protection Agency guidance shall be implemented, The space shall be free of other hazardous materials according to applicable Federal, State, and local environmental regulations, Utilities will be provided as noted below, 2 SERVICES AND UTILITIES (To be provided by lessor as part of rent) 0 HEAT 0 TRASH REMOVAL 0 ELEVATOR SERVICE 0 INITIAL & REPLACEMENT 0 OTHER 0 ELECTRICI1Y 0 CHILLED DRINKING WATER 0 WINDON WASHING LAMPS, TUBES & BALLASTS (Specify below) 0 POWER (Special Equip,) 0 AIR CONDITIONING Frequency 0 PAINTING FREQUENCY 0 WATER (Hot & Cold) 0 TDILET SUPPLIES 0 CARPET CLEANING Space 0 SNOW REMOVAL 0 JANITORIAL SERV, & SUpp, Frequency Public Areas 3, OTHER REOUIREMENTS · The Government and Telco shall have direct access to the premises at all times. As provided by the Federal Tort Claims Act (28 USC 2671, et.seq,), the Government is responsible for damage caused by a negligent act or omission on the part of any Federal employee or agent acting within the scope of his/her employment. · Automatic quarterly payments shall be made by the U,S, Customs Financial Management Center to the address shown in Parlll/C, page 2 of this lease agreement · Rent payments shall be processed by the Government for payment on the first day of the month following the quarter for which rent is due, · In accordance with 31 U,S,C, 8 1341, 41 U,S,C. 8 11 and federal law, Government liability under this lease and every Article herein is contingent upon the availability of appropriated funds from which payment for contract purposes can be made, Nothing in this lease may be considered as implying that Congress will at a later date appropriate funds suffICient to meet deficiencies, NOTE: All offers are subject to the terms and conditions outlined above, and elsewhere in this solicitation, including the Government's General Clauses and Representations and Certifications. 4, BASIS OF AWARD o THE ACCEPTABLE OFFER WITH THE LOWEST PRICE PER SQUARE FOOT, ACCORDING TO THE ANSI/BOMA Z65,1-1996 DEFINITION FOR BOMA USABLE OFFICE AREA, WHICH MEANS "THE AREA WHERE A TENANT NORMALLY HOUSES PERSONNEL AND/OR FURNITURE, FOR WHICH A MEASUREMENT IS TO BE COMPUTED: o OFFER MOST ADVANTAGEOUS TO THE GOVERNMENT, WITH THE FOLLOWING EVALUATION FACTORS BEING 0 SIGNIFICANTLY MORE IMPORTANT THAN PRICE o APPROXIMATELY EQUAL TO PRICE 0 SIGNIFICANTLY LESS IMPORTANT THAN PRICE (Listed in descending order. unless stated otherwise): ø Radio coverage/Location GENERAL SERVICES ADMINISTRATION Page 1 0'2 GSA Form 3626 (Rev. 10-96) Prescribed by APO 2800.12A "" ."",." PART II - OFFER (To be completed by Offeror/Owner) A, LOCATION AND DESCRIPTION OF PREMISES OFFERED FOR LEASE BY GOVERNMENT 5. NAME AND ADDRESS OF BUILDING (Include ZIP Code) 6, LOCATION(S) IN BUILDING Ft Pierce . FLOOR(S) b ROOM NUMBER(S) Ft Pierce FL N/A N/A LAT: 80 Deg 24 Min 32 Sec N. c, RENTABLE sa FT d TYPE LON: 0272655 W. Approx 6 sq, It plus 0 GENERAL OFFICE 0 OTHER (Specify) tower space. 0 WAREHOUSE Communications Site TERM To have and to hold, for the firm term (initial term) commencing on October 1 2001 and continuing through September 30 2006 inclusive, This lease will be further automatically extended for three (3) separate and successive five (5) year terms unless the Lessee notifies the Lessor in writing at least 60 days in advance of the renewal date, In addition, either party may terminate this lease at any time after the expiration of the initial term, by giving at least 60 days notice in writing to the other party, No rental shall accrue after the effective date of termination, Said notice shall be computed commencing with the day alter the date of mailing, RENTAL Rent shall be payable in arrears and will be due on the first workday of the month immediately following the quarter for which the rent is due and payable, When the date for commencement of the lease falls after the 15th day of the month, the initial rental payment shall be due on the first workday of the second month following the commencement date, Rent for a period of less than a month shall be prorated. Lessor may seek relief bv reauestinG a review of rent and submitting DroDOsed aDDroDriate rental increases no later than 90 days Drior to the eXDiration of the rental term then in effect. 7 AMOUNT OF ANNUAL RENT 9, MAKE CHECKS PAYABLE TO (Name and addreu) LÆl Div. of Emergency Management 101 N. Rock Road Fort Pierce, FL 34945- 8. RATE PER year $ ,DO 10a_ NAME AND ADDRESS OF OWNER (Tnclude ZiP code. If requested by the Government and the owner;s a partnership or joint venture, ';st a" General Partners. uSing a separate sheet If necessary) Div. of Emergency Management 101 N. Rock Road Fort Pierce, FL 34945· 10b, TELEPHONE NUMBER OF OWNER 561-462-1736 11, TYPE OF INTEREST IN PROPERTY OF PERSON SIGNING DOWNER 0 AUTHORIZED AGENT o OTHER (Specify) 12, NAME OF OWNER OR AUTHORIZED AGENT Mr. Jack T. Southard 13, TITLE OF PERSON SIGNING )..4, ( 15 DATE 16, OFFER REMAINS OPEN UNTIL 4:30 P,M, &-::2/-0 I (Date) Yo~r offer is hereby accepted, This award consummates the lease which consists of the following documents: (a) this GSA Form 3626, (b) Representations and Certifications, (c) the Government's General Clauses, and (d) the following changes or additions made or agreed to by you: I \ PART III - AWARD (To be completed by Government) THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER. Larry E. Walker, CONTRACTING OFFICERIT -CS-144 GENERAL SERVICES ADMINISTRATION Page 2 of 2 é.tV~ 170. DATE ,ûfil ~ 'Z NaC·· 17.. NAME OF CONTRACTING OFFICER (Type or PrinØ 17b, SIGNATURE OF CONTRACTING OFFICER GSA Form 3626 (Rev, 10-96) Prescribed by APD 2BOO.12A ¡ \...t -....I GENERAL CLAUSES (Simplified Leases) (Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Net Annual Rent) 1, The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessor's performance under this lease. 2, If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased space is untenantable as determined by the Government, the Government may terminate the lease upon 15 calendar days written notice to the Lessor and no further rental will be due, 3, The Lessor shall maintain the demised premises, including the building, building systems, and all equipment, fixtures, and appurtenances fumished by the Lessor under this lease, in good repair and tenantable condition, Upon request of the Contracting Officer, the Lessor shall provide written documentation that building systems have been maintained, tested, and are operational. 4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the Govemment may perform the service, provide the item, or meet the requirement, either directly or through a contract. The Government may deduct any costs incurred for the service or item, including administrative costs, from the rental payments. 5. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (VARIATION) (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available or the full text may be found on the Internet as GSA Form 3517A (Full Text) at http://www.gsa.gov/pbs/pe/standcla/standcla.htm 6, The following clauses are incorporated by reference: GSAR 552-203-5 FAR 52.232-23 GSAR 552,232-75 GSAR 552.232-76 FAR 52,233-1 FAR 52,232-18 GSAR 552.270-26 GSAR 552.270-11 GSAR 552.270-23 INITIALS~ OR COVENANT AGAINST CONTINGENT FEES (FEB1990) ASSIGNMENT OF CLAIMS (JAN 1986) PROMPT PAYMENT (SEP 1999) ELECTRONIC FUNDS TRANSFER PAYMENT (SEP 1999) (Variation) DISPUTES (DEC 1998) AVAILABILITY OF FUNDS (APR 1984) NO WAIVER (SEP1999) SUCCESSORS BOUND (SEP 1999) SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (SEP 1999) & GOVERNMENT GSA FORM 3517A PAGE 1 (REV 9/99) ~~ ~ AGENDA REQUEST ITEM NO. Q ~ DATE: July 10,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Tourism Advertising Grant Agreement - Main Street Fort Pierce, Inc. BACKGROUND: See attached memorandum CA 01-889 FUNDS A V AILABLE: Account No. 611-5210-582000-500 (Aid to Private Organizations) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed advertising grant agreement for Main Street Fort Pierce, Inc., and authorize the chairman to sign the agreement. COMMISSION ACTION: ~] APPROVED [] DENIED [ ] OTHER: as Anderson County Administrator County Attorney: Jt Review and Approvals Management & BUd~ '1nrtß; o;D~ Purchasing: Originating Dept Other: ð1Yl6 Finance: (Check for Copy only, if applicable): _ i "'" ...",I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 01-889 DATE: June 25, 2001 SUBJECT: Tourism Advertising Grant Agreement - Main Street Fort Pierce, Inc. BACKGROUND: In accordance with previous Board direction, the Tourist Development Council has instituted an advertising grant program to assist local organizations in promoting their events. The grants are paid from Tourist Development Tax: funds. Attached to this memorandum is a copy of the proposed grant agreement for Main Street Fort Pierce, Inc. Pursuant to the agreement, Main Street will receive an advertising grant in the amount of one thousand and 00/1 00 dollars ($1,000.00). CONCLUSIONIRECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed advertising grant agreement for Main Street Fort Pierce, Inc., and authorize the chairman to sign the agreement. Respectfully submitted, ~ "V - ð-zr- Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Finance Director Management and Budget Director Interim Community Development Director Tourism Development Manager Contracts Coordinator '-" .I ADVERTISING GRANT AGREEMENT THIS AGREEMENT, made this day of , A.D. 2001, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and l\tIAIN STREET FORT PIERCE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Recipient". IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the amount of one thousand and 00/1 00 dollars ($1,000.00) to be used to as set forth in its 2000-2001 Advertising Grant Application, incorporated herein by reference. Payment to the Recipient shall be made in one lump sum payment within thirty (30) days after the Recipient submits all required proof of publication or airing, as appropriate, to the 81. Lucie County Tourism Development Manager. For a print advertisement, the Recipient shall submit an original or photocopy of the advertisement and the front cover of the publication showing the date of publication. For a television or radio commercial, the Recipient shall submit an affidavit from the station indicating the air dates and times. 2. Within sixty (60) days of the event or the date of this Agreement, whichever is later, the Recipient shall provide the St. Lucie County Tourism Development Manager with a report on the event funded by the grant including, but not limited to, the number of attendees, a listing of hotels and/or other acconunodations used during the event, the number of room nights generated by the event, and a copy of the event brochure, flyer or poster used in marketing the event. 3. The Recipient shall have internal controls adequate to safeguard the grant. 1 '-' ..." 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 5. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 6. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnifY and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the tenn of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the St. Lucie County Tourist Development Council. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges 2 '-' ~ prepaid, and addressed to the parties at the following address: To the County: With copies to: S1. Lucie County Administrator 2300 Virginia A venue Fort Pierce, Florida 34982 S1. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Tourism Development Manager 2300 Virginia Avenue Fort Pierce, Florida 34982 To the Recipient: Main Street Fort Pierce, Inc. 106 South Depot Drive Fort Pierce, Florida 34950 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in 'WTiting and signed by both parties and no waiver of any breach or condition of this Agreement . shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Recipient agrees to use said forms. 4 12. Except as othervvise provided, this agreement shall be binding upon and shall insure to the 4 benefit of the parties. 13. The Recipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2000) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient shall promptly notify the County in 'WTiting by certified mail of all potential 3 " '-" ...." 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 Recipient'sjudgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Recipient 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 Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and the Recipient 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 Recipient under the terms of this Agreement. 14. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 15. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 1 4 '-' -...I IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK WITNESSES: g:\agreemntlcontract\ tdc ,ad,mai nstreet. wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORL"I AND CORRECTNESS: ~ BY: . COUNTY ATTORNEY . MAIN STREET FORT PIERCE, INC. BY: Lnrttt ~m,--~sy MANAGER NAME: IJne -\-k.- ~rG..6lA['3"1 (Print) 1 4 4 5 . AGENDA REOUEST ITEM NO. c-st '-" DATE: July 1 0, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] « TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBÆCT: Lease Agreement with Jefney Hardwick - Request for Early Termination . BACKGROUND: See attached memorandum CA 01-909 FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners grant Jeffrey Hardwick's request for immediate termination of his lease agreement. Staff further requests permission to advertise the property for lease. [x] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attorney; ~' Review and Approvals Management & Budget Purchasing; Originating Dept. Other; Other; Finance; (Check for Copy only, if applicable); _ r í '-" .~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA 4 TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney t C.A. NO: 01-909 DATE: June 21, 2001 SUBJECT: Lease Agreement with Jeffrey Hardwick - Request for Early Termination t BACKGROUND: ~ On April 2, 1997, the County entered into a lease agreement with Robert C. Hardwick and his son, Jeffrey V. Hardwick, d/b/a Hardwick Groves in conjunction with the purchase of a grove. In 2000, Robert Hardwick was found murdered on the property. The lease agreement was subsequently amended on March 15, 2001 to name Jeffrey Hardwick as the sole lessee. Mr. Hardwick has contacted the County and requested that the lease be terminated as he lives in Minnesota and has found it difficult to manage the grove from out of state. The lease agreement provides that the lessee may affect an early termination by notifying the County prior to December 1 st. In the event such notice is given, the lease will then terminate on June 30th of the following year. The current term of the lease will expire on April 1, 2002. Given the circumstances, it would appear appropriate, however, for the Board to grant Mr. Hardwick's request for immediate termination. County staff has been contacted by Jim Gibbons who leases the adjacent property regarding the availability of the grove for lease. t 4 CONCLUSIONIRECOMMENDA nON: Staff recommends that the Board of County Commissioners grant Jeffrey Hardwick's request for immediate termination of his lease agreement. Staff further requests permission to advertise the property for lease. Respectfully submitted, 'Jt.....Ct.i:- ~, Heather Young Assistant County Attorney HY/ , Copies to: ~ ..."I County Administrator Airport Director Finance Director Management and Budget Director Contracts Coordinator . . c 4 A , . -, " ~ '-' ....,¡ AGENDA REOUEST ITEM NO: G7b DATE: July 10, 2001 Regular( ] Public Hearing [ ] Consent [X] TO: Board of County Commissioners PRESENTED BY: Beth Ryder, Director SUBMITTED BY: Community Services SUBJECf: Acceptance of the Contract with the Department of Juvenile Justice for the Delinquency 4 Prevention Grant titled St. Lucie County Mental Health Collaborative Program and approval of Budget Resolution Number 01-169 in the amount of $99,999.99. BACKGROUND: On March 13, 2001, the Board approved the application of the grant and authorized the Chair to sign all documents necessary. The St. Lucie County Executive Roundtable requested the Board to selVe as the fiscal agent for the Mental Health Collaborative and Kids Connected by Design to administer the program. This grant will establish a program to reduce out-of-home placement of youth ages five to eighteen, who either have a mental health diagnosis or who present symptoms of such a diagnosis and are at-risk for delinquency. FUNDS WILL BE AVAIL: 00U70-6420-334204-600 St. Lucie County Mental Health Collaborative Program Grant PREVIOUS ACfION: On March 13,2001 staff requested approval to submit the grant. RECOMMENDATION: Recommend that the St. Lucie County Board of County Commissioners accept the grant, authorize the Chair to sign all documents necessary for the grant and approve Budget Resolution Number 01-169. lX] APPROVED [ ] DENIED [ ] OTHER: NCE: COMMISSION ACfION: glas M. Anderson unty Administrator CountyAttomey.x~ Originating Dep;utzœm:x r' Management & Budgetx : ' ' , s Purchasing: Other:x Other: Fin3nce: x Check for copy only, if appwble \... ./ .../ ~ 'WI AGENDA REQUEST ITEM NO. C-6 DATE: July 10,2001 REGULAR [ ] PUBLIC HEARING [ CONSENT [ X ] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Air:port Paul Phillips SUBJECT: Approve the contract extension for the Agreement dated May 4, 1999, Contract for Maintenance Agreement (Contract No. C99-05-413) to maintain the Instrument Landing System (ILS) air navigation equipment at S1. Lucie County International Airport. BACKGROUND: The Airport currently owns and maintains the Instrument Landing System (ILS) air navigation equipment at the Airport. The equipment has to be maintained by a Federal Aviation Administration (FAA) certified technician. Jim Saulnier is the only technician certified in the State of Florida to work on and maintain the Airport's ILS. Mr. Saulnier has agreed to extend the current contract for an additional four months to coincide with the County's fiscal year. At the end of the contract period, another contract with Mr. Saulnier will be negotiated for the maintenance agreement on the ILS equipment. FUNDS AVAILABLE IN ACCT#: Funds are available in the Airport equipment maintenance account. (140-4210-546000-400). PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends that the Board approve the contract extension for the Agreement dated May 4, 1999, Contract for Maintenance Agreement (Contract No. C99-05-413) to maintain the Instrument Landing System (ILS) air navigation equipment at St. Lucie County International Airport. COMMISSION ACTION: pqAPPROVED [ ]DENIED [ ]OTHER: Reviews & Approvals County Attorney: ' Originating Dept: Finance:(Check fì r Cop OMB Other: on y, if applicable) .. I '-' ..., AGREEMENT EXTENSION MAY 4, 1999 CONTRACT FOR MAINTENANCE AGREEMENT (CONTRACT NO. C99-05-413) THIS EXTENSION AGREEMENT is made this _ day of 2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "COUNTY"), and JAMES F. SAULNIER or its successors, executors, administrators, ~, and assigns (the "CONTRACTOR"). WHEREAS, on May 4,1999, the parties entered into an agreement (the" Agreement") whereby the Contractor agreed to maintain certain equipment at the St. Luci? County International Airport; and WHEREAS, the parties desire to extend the Agreement for an additional four months in order to coincide with the County's fiscal year. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree to extend the term of the Agreement through and including September 30, 2001. During this extension period either party may terminate the Agreement without cause upon five days prior notice. Upon such termination, the Contractor shall be compensated for all work satisfactorily and responsibly completed through the date of termination. Except as extended or amended herein, all of the remaining terms and conditions of the Agreement shall remain in full force and effect. -1- í '-" "wi ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: ~, COUNTY ATTORNEY WITNESSES: :r AMES F. SAULNIER BY: wf vhk -¡¡-- r /. Print Name: ¿S F JddmCÝ Title: AJ.,¡í/ It'd; 1& G; \A TTY\AGREEMNT\Sau Inier-ext -2- ,.,.......... AGENDA REOUEST -.",I ITEM NO. c- '7 .¡J. DATE: July 10,2001 REGULAR [ ] PUBLIC HEARING [ I CONSENT [X] SUBMITTED BY: Community Services PRESENTED BY: Beth Ryder, Director~ TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Approval of the application for the FY01/02 TriplEquipment Grant with the Commission for the Transportation Disadvantaged for trips for our transportation disadvantaged citizens and Resolution 01-159. BACKGROUND: Yearly the Commission for the Transportation Disadvantaged (CTD) allocates funds to each Community Transportation Coordinator (CTC) for non-sponsored trips for the transportation disadvantaged. The allocation for St. Lucie County for FY01l02 is $189,912 and requires a local match of $21,101 which will be appropriated in FY01l02. This grant is used to purchase trips for the transportation disadvantaged whose transportation needs are not provided under another program. FUNDS AVAIL: FY 01102 001266-4910-534000-400 PREVIOUS ACTION: Annually, the Board appropriates the match, approves and accepts the Trip/Equipment Grant with the Commission for the Transportation Disadvantaged. RECOMMENDATION: Approval of the application and contract for the grant and acceptance of the grant, authorization for the Chairman to sign all documents necessary to execute the application and approval of Resolution No. 01-159. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: CE: County Attorney: x~ Originating Dep1. Review and Approvals Management & Budget: v l(!11n~4purchasing: Other:_ ~ Finance: (Check for Copy only, if applicable XJ Eft. 5/96 '-' ...",/ EXHIBIT A COMMISSION FOR THE TRANSPORTATION DISADVANTAGED GRANT APPLICATION INFORMATION FORM CONCERNING THE TRIPIEQUIPMENT GRANT PROGRAM 1. DATE SUBMITTED: 2. LEGAL NAME OF APPLICANT: St. Lucie County Board of County Commissioners 3. FEDERAL IDENTIFICATION NUMBER: 59-6000835 4. REMITTANCE ADDRESS: 2300 Virginia Avenue 5. CITY AND STATE: Fort Pierce, Florida ZIP CODE: 34982 6, CONTACT PERSON FOR THIS GRANT: Beth Rvder 7. PHONE NUMBER: 561-462-1777 FAX NUMBER: 561-462.1703 8. (REQUIRED) E-MAIL ADDRESS:beth@co.st-lucie.f1.us 9. PROJECT LOCATION (County(ies)): S1. Lucie 10. PROPOSED START DATE: 10101/01 11a. ESTIMATED PROJECT FUNDING: ENDING DATE: 09/30102 11 b. PLANNING FUND ALLOCA nON TRANSFERRED TO TRIP GRANT State $ 189,912,00 Local $ 21,101.00 TOTAL $ 211.013.00 State $ N/A lIc. VOLUNTARY DOLLARS REQUESTED State $ Local In-Kind TOTAL $ NI A Trip & Equipment Grant Application 2001/2002 Form Rev. 3/01/01 Grant Application Page 1 '-' -..I 12. I hereby certify that this document has been duly authorized by the governing body of the applicant, and the applicant intends to complete the project, and to comply with any attached assurances if the assistance is awarded. Frannie Hutchinson. Chairman. St. Lucie County Board of County Commissioners TYPED NAME OF AUTHORIZED REPRESENT A TIVE AND TITLE SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE 13, NOT REQUIRED IF ONLY TRIPS ARE PURCHASED I hereby certify that this grant has been reviewed in its entirety by the County Coordinating Board. COORDINATING BOARD CHAIRPERSON'S SIGNATURE DATE Trip & Equipment Grant Application 2001/2002 Form Rev. 3/01/01 Grant Application Page 2 '-' ....¡ EXHIBIT B PROPOSED PROJECT FUNDING I. Proiect Description and Cost A. Non-sponsored trips $ 211.013.00 B. Capital equipment 1. $ 0.00 2. $ 0.00 3. $ 0.00 C. Contingency $ 0.00 Total Project Cost $ 211.013.00 II, Funding Participation A. Commission for the Transportation Disadvantaged State Funds (90 %)$ 189.912.00 B. Cash Local Match ( 10%)$ 21J01.00 C. Voluntary Dollar Contributions ( %) $ D, Match for Voluntary Dollar $ (If in-kind, so state with monetary value) E. Total Project Cost $ 211.013.00 III. Estimated cash-flow ofFY 2001/2002 STATE grant funds only ($ divided by 1000) Only complete this section if desired cash flow is different than one twelfth of state funds per month. lul Aug Sep Oct Nov Dec lan Feb Mar Apr May lun FY 01/02 FY 02/03 Trip & Equipment Grant Application 2001/2002 Form Rev. 3/01/01 Grant Application Page 3 '-' ....,I Exhibit C RESOLUTION NO. 01-159 A RESOLUTION DESIGNATING THE COMMUNITY SERVICES DIRECTOR AS THE DESIGNATED STAFF PERSON FOR THE COMMUNITY TRANSPORTATION COORDINATOR DUTIES FOR ST. LUCIE COUNTY AND AUTHORIZING THE FILING OF A TRANSPORTATION DISADVANTAGED TRUST FUND GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED. WHEREAS, the Board of County Commissioners ofS1. Lucie County, Florida, has made the following determinations: 1. This Board is authorized to submit a Transportation Disadvantaged Trust Fund Grant Application to the Florida Commission for the Transportation Disadvantaged for Fiscal Year 2001-02. 2. This Board is authorized to undertake a transportation disadvantaged service program pursuant to Section 427.0159, Florida Statutes, and Rule 41.2, Florida Administrative Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: 1. This Board hereby authorizes the submission of a Transportation Disadvantaged Trust Fund Grant Application with the Florida Commission for the Transportation Disadvantagèd for Fiscal Year 2001-02 in the total amount of One Hundred Eighty- Nine Thousànd Nine Hundred Twelve and 00/100 dollars ($189,912) in Transportation Disadvantaged Trust Fund monies and Twenty-One Thousand One Hundred One and 00/100 dollars ($21,101) local monies, a copy of which is attached hereto as Exhibit "A". 2. This Board authorizes the Chairman of the Board of County Commissioners to execute the application and any subsequent award agreement on behalf of the Board. Grant Application Page 4 '-" '" 3. This Board further designates the St. Lucie County Community Services Director as the staff position to execute any and all subsequent documents necessary including agreements, assurances, reimbursement invoices, warranties and other documents which may be required in connection with the Transportation Disadvantaged Commission. 4. This resolution shall become effective on adoption. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Paula A. Lewis xxx XXX XXX XXX XXX . PASSED AND DULY ADOPTED this 10th day of July, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: - County Attorney Grant Application Page 5 '-'" "wi EXHIBIT D STANDARD ASSURANCES The recipient hereby assures and certifies that: (1) The recipient will comply with the federal, state, and local statutes, regulations, executive orders, and administrative requirements which relate to discrimination on the basis of race, color, creed, religion, sex, age, and handicap with respect to employment, service provision, and procurement. (2) Public and private for-profit, transit and paratransit operators have been or will be afforded a fair and timely opportunity by the local recipient to participate to the maximum extent feasible in the planning and provision of the proposed transportation planning services. (3) The recipient has the requisite fiscal, managerial, and legal capacity to carry out the Transportation Disadvantaged Program and to receive and disburse State funds. (4) The recipient intends to accomplish all tasks as identified in this grant application. (5) Transportation Disadvantaged Trust Funds will not be used to supplant or replace existing federal, state, or local government funds. (6) Capital equipment purchased through this grant meets or exceeds the criteria set forth in the Florida Department of Transportation's Guidelines for Acquiring Vehicles on file with the Commission on July l, 200 1 or criteria set forth by any other federal, state, or local government agency. (7) Capital equipment or consultant services purchased through this grant comply with the competitive procurement requirements of Chapter 287 and Chapter 427, Florida Sta~utes. (8) If capital equipment is purchased through this grant, the demand responsive service offered to individuals with disabilities, induding individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. Such service, when viewed in its entirety, is provided in the most integrated setting feasible and is equivalent with respect to: (a) response time, (b) fares, (c) geographic service area, (d) hours and days of service, (e) restrictions on trip purpose, (f) availability of information and reservation capability, and (g) contracts on capacity or service availability. Trip & Equipment Grant Application 2001/2002 Form Rev. 3/01/01 Grant Application Page 6 "" ....I In accordance with 49 CFR Part 37, public entities operating demand responsive systems for the general public which receive financial assistance under Sections 5310 or 5311 of the Federal Transit Administration (FTA) have filed a certification with the appropriate state program office before procuring any inaccessible vehicle. Such public entities not receiving FT A funds have also filed a certification with the appropriate program office. Such public entities receiving FT A funds under any other section of the FT A have filed a certification with the appropriate FT A regional office. This certification is valid for no longer than the contract period for which the grant application is filed. Date: Signature: Name: Title: ~ 4 4 Trip & Equipment Grant Application 2001/2002 Form Rev. 3/01/01 Grant Application Page 7 \..- ..J SAMAS Approp: SAMAS Obj.: Org Code: 088846 750001 55 12 00 00 952 Fund: Function: Contract No.: TDTF 035 FM/Job No(s).: CSFA No. Vendor No.: 23705218401 55001 596000835071 -------- FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TRIP & EQUIPMENT GRANT AGREEMENT THIS AGREEMENT, made and entered into this day of 20_ by and between the STATE OF FLORlDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED , created pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and St. Lucie County Board of County Commissioners, 2300 Virginia Avenue, Ft. Pierce, FL 34982 hereinafter called the Grantee. WIT N E SSE T H: WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project hereinafter described, and the Commission has been granted the authority to use Transportation Disadvantaged Trust Fund moneys to subsidize a portion of a transportation disadvantaged person's transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the provision of non-sponsored transportation services and other responsibilities identified in Chapter 427, Florida Statutes or rules thereof; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to: Provide non-sponsored transportation trips and/or capital equipment to the non-sponsored transportation disadvantaged in accordance with the Transportation Disadvantaged Trust Fund in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Application and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 1, 2001; and as further described in this Agreement and in Exhibit(s) A, B. C attached hereto and by this reference made a part hereof, hereinafter called the Project; and, for the Commission to provide non-sponsored financial assistance to the Grantee and state the terms and conditions upon which such non-sponsored financial assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. Funds available through this agreement may be used only for non-sponsored transportation services and shall be applied only after all other potential funding sources have been used and eliminated. Grant funds shall not be used to supplant or replace funding of transportation disadvantaged services which are currently funded to a recipient by any federal, state, or local governmental agency. 2.00 Accomplishment of the Project: 2.10 General Requirements: The Grantee shall commence, and complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all federal, state and local applicable laws. Trip & Equipment Grant Agreement 2001/2002 FollU Rev, 03/01101 Page 1 of 19 Pages '-' -....I . ,;t 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval,. permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Grantee~ to enter into this Agreement or to undertake the Project hereunder, or to observe, assume or carry out any of the provisions ofthe Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Grantee: The Grantee will use its best efforts to enable the Grantee to provide the necessary funds or in-kind contributions necessary for the completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as the Commission may require as provided by law, rule or under this agreement including those listed in Exhibit "C". Failure by the Grantee to provide such documents, or provide other documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions against the Grantee, including termination. 2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable law and provisions of Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida Administrative Code, the approved Trip and Equipment grant application submitted by the Grantee, and the Application and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 1,2001 2.60 Annual Monitoring and Evaluation: The law provides that each local coordinating board annually evaluate the performance of the Grantee using evaluation criteria approved by the Commission. A copy of the evaluation report will be given to the designated official planning agency and the Commission. The Grantee must fully cooperate with the local coordinating board in the performance of its duties. The Grantee shall submit to the local coordinating board such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as provided by law, rule or under this agreement. Failure by the Grantee to cooperate with, or to provide such documents or other products to the local coordinating board may, at the Commission's discretion, result in permissible sanctions against the Grantee, including termination. 3.00 Total Project Cost: The total estimated cost of the Project is $211.013.00. 'This amount is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in the Project in the amount of$ 189.912.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "B", whichever is less. 4.10 Eligible Costs: Trip and Equipment Grant Funds, derived exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to subsidize a portion of a transportation disadvantaged person's transportation costs which is not sponsored by any other agency, and Trip & Equipment Grant Agreement 200112002 Form Rev, 03/0110 \ Page 2 of 19 Pages \..t -..j ~*' then only if a match, as specified in the Application and Policy Manual for the Trip and Equipment Grant,:' is provided by the Grantee. Trip and Equipment Grant Funds may also be used to purchase capital equipmentt, used for the provision of non-sponsored transportation services. 4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed only fÌ'om the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Article 17.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available; d) Submission of all certifications, invoices, detailed supporting documentation, or other obligating documents and all other terms of this agreement. If the Grantee wishes to purchase vehicles or other equipment with Transportation Disadvantaged Trust Funds after the date this Agreement becomes effective, the Grantee must first obtain written approval of such acquisition fÌ'om the Commission and then execute an amended Exhibit DAD. 4.30 Project Funds: In addition to other restrictions set out in this Trip and Equipment Grant agreement, the Grantee must also adhere to the following limitations on the use of Transportation Disadvantaged Trust Funds: 4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area, may not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds fÌ'om one designated service area to another without the express written approval of the Commission. 4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation Disadvantaged Trust Funds which the Grantee actually uses to transport eligible transportation disadvantaged passengers in the coordinated system. 4.40 Front End Funding: Front end funding is not applicable. 5.00 Retainage: Retainage is not applicable. 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth in Exhibit "B", carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the Project. The budget may be revised periodically, but no budget revision shall be effective unless it complies with fund participation requirements established in Article 4.00 of this Agreement and is approved in writing by the Commission. Any budget revision that changes the fund participation requirements established in Article 4.00 of this agreement shall not be effective unless approved in writing by the Commission and the Florida Department of Transportation Comptroller. Trip & Equipment Grant Agreement 2001/2002 Fonn Rev. 03/01/0l Page 3 of 19 Pages '-' ..J 6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements .~, schedule, contained in Exhibit "B". This schedule shall show estimated disbursement of Commission funds; for the entire term of the Project by month or quarter of the fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project phase where such division is determined to be appropriate by the Commission. Any significant deviation from the approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the project shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "B". 7.00 Accounting Records, Audits and Insurance: 7.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current uniform requirements established by the Commission to facilitate the administration of the non-sponsored financing program, either separate accounts to be maintained within its existing accounting system, or establish independent accounts. Such non-sponsored financing accounts are referred to herein collectively as the "Project Account". The Project Account, and detailed documentation supporting the Project Account, must be made available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit fmdings have not been resolved at the end of five years, the records shall be retained until resolution ofthe audit findings. Should the Grantee provide DsponsoredD transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the DsponsoredD transportation to the other purchasing agencies, and must make this documentation available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit fmdings. . 7.20 Funds Received Or Made Available for The Project: The Grantee shall appropriately record in the Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all non-sponsored transportation payments received by it nom the Commission pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which Commission payments and other funds are herein collectively referred to as "Project Funds". The Grantee shall require depositories of Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured under Federal plans, or under State plans which have been approved for the deposit of Project funds by the Commission, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State law for the security of public funds, or as approved by the Commission. 7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not within the statuto!)' criteria for the Transportation Disadvantaged Trust Fund, or attributable to actions which have not met the other requirements of this Agreement, shall not be considered eligible costs. Trip & Equipment Grant Agreement 2001/2002 Fonn Rev. 03101101 Page 4 of 19 Pages \...r ....., 7.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged to the Project. ìI<, including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, contracts, driverOs manifests, vouchers, vehicle titles, and other detailed supporting documentation evidencing in proper detail the nature and propriety of the charges. Records must be kept to show how the value placed on third party transactions was derived. The Grantee shall provide sufficient detailed documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the services rendered or costs incurred were those which were promised. The documentation must be sufficiently detailed to comply with the laws and policies of the Department of Banking and Finance. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect to any item which is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, within the GranteeOs existing accounting system, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: The Grantee shall provide for each of its fiscal years for which the Project Account remains open, an audit report prepared either by its official auditor or audit agency or an independent certified public accountant, reflecting the use of the non-sponsored transportation funds of the Commission, the Grantee, and those from any other source with respect to the Project. Audits shall be conducted under the guidelines ofthe United States Office of Management and Budget (OMB) Circular A-133, Section 216.349, Florida Statutes, and Chapter 10.600, Rules ofthe Auditor General. The reporting packages and data collection forms are to be submitted within the earlier of 30 days after the receipt of the auditorOs report, or 9 months after the end of the GranteeOs fiscal year. For audits conducted only under Section 216.349, Florida Statutes, the report is to be submitted within the earlier of 30 days after the receipt of the auditorOs report, or 12 months after the end of the GranteeOs fiscal year. The date the audit report was delivered to the Grantee must be indicated by the Grantee in correspondence accompanying the audit report, or reporting package, and data collection form. The Grantee shall follow up and take corrective action on audit findings. OMB Circular A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit fmdings. The Grantee shall also require auditors to determine compliance with Article 12.00 and Paragraph 8.26, and Exhibit "A", "Special Considerations by Grantee". 4 . 7.70 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and guarantee liability for minimum coverage as follows: 7.71 Liability: Liability coverage in an amount of $100,000 for anyone (1) person, $200,000 per occurrence at all times in which Project vehicles or equipment are engaged in approved project activities. The Grantee shall insure that contracting Transportation Operators also maintain the same minimum liability insurance, or an equal governmental insurance program. 7.72 Collision: Collision, fue, theft, and comprehensive coverage in any amount required to pay for Trip & Equipment Grant Agreement 200112002 Form Rev, 03/01101 Page 5 of 19 Pages '-', ."""" any damages to the Project vehicle(s) and equipment including restoring to its then market value or replacement. 7.73 Property Insurance: The Grantee shall carry fire, theft, and comprehensive coverage property insurance, with replacement cost value, on equipment, other than vehicles, purchased with Transportation Disadvantaged Trust Funds. 7.74 Other Insurance: The above required insurance will be primary to any other insurance coverage that may be applicable. 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Grantee: In order to obtain any Transportation Disadvantaged Trust Funds, the Grantee shall: 8.11 File with the Commission for the Transportation Disadvantaged, 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its requisition or invoice on a form or forms prescribed by the Commission, and such other detailed supporting documentation pertaining to the Project Account and the Project (as listed in Exhibit "C" hereof) as the Commission may require, to justify and support the payment requisitions, invoices, and vouchers, including, at a minimum: (1) The date the Grantee incurred project costs and equipment, vehicles or other property or services associated with the Project; (2) A statement by the Grantee certifying that the Grantee has acquired the property or services; (3) The actual consideration paid for the property or services; (4) A statement that the submitted detail is sufficient for a proper pre-audit or post-audit; and, (5) An attestation, on the form or forms prescribed by the Commission, from the head of the Grantee, under the penalties of perjury, that the Grantee has complied with the provisions 4 of the Grant Agreement. The designated signatory of the Grantee must sign the following attestation which appears on all Commission form invoices and requisitions: · I certify, under penalty of perjury, that the aforesaid listing is true and correct, and the Agency has complied with the provisions of the Agreement. 8.12 Comply with all applicable provisions of this Agreement. 8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this Agreement to ensure the completion of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Commission may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the Project Account if: 8.21 Misrepresentation: The Grantee has made misrepresentations of a material nature in its appli~ation, or any supplement thereto or amendment thereof, with respect to any document or record of data or certification furnished therewith or pursuant hereto; Trip & Equipment Grant Agreement 200112002 Fonn Rev, 03/01/01 Page 6 of \9 Pages '-" ....I " y " 8.22 Litigation: There is pending litigation with respect to the performance by the Grantee of any Of'\ its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or;ÿi' payments to the Project; 8.23 . Required Submittals/Certifications: The Grantee has failed or refused to provide to the Commission detailed documentation of requisitions or certifications of actions taken; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions, prohibited interests, or lobbying restrictions, contained herein; 8.25 Default: The Grantee has been determined by the Commission to be in default under any of the provisions of this or any other Agreement which the Grantee has with the Commission; or 8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 427, Florida Statutes. 8.30 Disallowed Costs: In determining the amount of the GranteeDs payment, the Commission will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment, vehicles or services received under a contract or other arrangements which have not been approved in writing by the Commission or certified by the Grantee, pursuant to Exhibit "C". 8.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or incurred pursuant to this Agreement shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or request for project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida Statutes, Rules 3A-24, 41-2 and 60A-l, Florida Administrative Code, and the Application and Policy Manual for the Trip & Equipment Grant is met. . . 8.50 Commission Claims: If, after project completion, any claim is made by the Commission resulting from an audit or for work or services performed pursuant to this agreement, th.¢ Commission may offset such amount from payments due for work or services done under any grant agreement which it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Grantee abandons or, before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in Section 8.20, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the Commission may, by written notice to the Grantee, suspend any or all of its obligations under this Agreement until such time as the event or condition Trip & Equipment Grant Agreement 2001/2002 Fonn Rev. 03/01/01 Page 7 of 19 Pages '-' -..I resulting in such suspension has ceased or been corrected, or the Commission may terminate any or all of *1 its obligations under this Agreement. 9.20 Action Subsequent to Notice of Termination or Suspension: Upon receipt of any final termination or suspension notice under this Paragraph, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable 1S Project costs; and (3) remit to the Commission such portion of the financing and any advance payment previously received as is determined by the Commission to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Commission or upon the basis of terms and conditions imposed by the Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of any claim which the Commission may otherwise have arising out of this Agreement. 9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this agreement for refusal by the Grantee or its contractors to allow public access to all documents, papers, letters, records or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this agreement. 4 10.00 Remission ofP,!'oject Account Upon Completion of Project: Upon completion and after financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project costs payable from the Project Account is made, the Grantee shall remit to the Commission its share of any unexpended balance in the Project Account. 4 11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the Project at all reasonable times including upon completion of the Project, and without notice. . . 12.00 Contracts of the Grantee: 12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including transportation operator and consultant contracts or amendments thereto, with any third party with respect to the Project without being able to provide a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. The Grantee agrees, that by entering into this Agreement, it explicitly certifies that all of its third party contacts will be executed in compliance with this section. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Commission in a project with a Grantee, where the project involves Trip & Equipment Groot Agreement 2001/2002 Foml Rev. 03/01101 Page 8 of 19 Pages '-" '.J a consultant contract for any service, is contingent on the Grantee complying in full with provisions of it· Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. The Grantee shall certify f compliance with this law to the Commission for each consultant contract it enters. 12.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other commodities shall comply with the provisions of Section 287.057, Florida Statutes. Upon the Commission's request, the Grantee shall certify compliance with this law. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of this Agreement, the Grantee shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. The Grantee will take affirmative action to ensure that applicants are errlployed, and that employees are treated during employment, without regard to their race, age, disability, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Grantee shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Grantee shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. . 13.20 Title VI - Civil Rights Act of 1964: The Grantee must comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation, the Regulations of the Federal Department of Justice and the assurance by the Grantee pursuant thereto. . 13.30 Prohibited Interests: 13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no officer of the Grantee, or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for t;be Grantee from any business entity of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. 13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or firm in which an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the purchase or the furnishing of any materials, services or supplies to be used in the work of this agreement or in the performance of any other work for which the Grantee is responsible. 13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit or accept funds from any person who has, maintains, or seeks business relations with the Grantee. Trip & Equipment Grant Agreement 200112002 F ann Rev, 03/0110 I Page 9 of 19 Pages \,..t "'" 13.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission, 1 no employee of the Grantee shall, within I year after retirement or termination, have or hold any employment or contractual relationship with any business entity in connection with any contract for contractual services which was within his or her responsibility while an employee. 13.35 Former Employees - Consulting Services: The sum of money paid to a former employee of the Grantee during the first year after the cessation of his or her responsibilities, by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual salary received on the date of cessation of his or her responsibilities. The provisions of this section may be waived by the Grantee for a particular contract if the Grantee determines, and the Commission approves, that such waiver will result in significant time or cost savings for the Grantee and the project. The Grantee shall insert in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Grantee during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this section shall not be applicable to any agreement between the Grantee and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. . 13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its contractors or their sub-contractors shall not discriminate against anyone on the basis of a handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no funds shall be used to rent, lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. The Grantee shall also assure compliance with . The Americans with Disabilities Act, as amended, as it may be amended from time to time. 13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No Grantee may employ any person or organization with funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The Opurpose oflobbyingO;încludes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions ofthis paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this Agreement. 13.60 Public Entity Crimes: No Grantee shall accept any bid ITom, award any contract to, or transact any business with any person or affiliate on the convicted vendor list for a period of36 months ITom the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed ITom the list pursuant to section 287.133, Florida Statutes. The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting business with a person at the time of the commission of a public entity crime which resulted in that person being placed on the convicted vendor list, the Grantee may also Trip & Equipment Grant Agr~em~nl 200112002 Fom¡ Rev. 03101/01 Page 10 of 19 Pages '-' -..I not accept any bid from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list " so long as that person's name appears on the convicted vendor list. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acqUlsltlOn, reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or equipment are equipped to prevent and control environmental pollution. 14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable hereunder to any party other than the Grantee. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any default which may then exist, on the part of the Grantee, and the making of such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. 14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the provision shall be severable and the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus and Commissions: By execution of the Agreement the Grantee represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or federal law. Provided, that if any of the provisions of the Agreement violate any applicable State or federal law, the Grantee will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Grantee to the end that the Grantee may proceed as soon as possible with the Project. 14.70 Purchased Vehicles or Equipment: 14.71 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to maintain the vehicles and equipment. purchased or financed in whole or in part with Transportation Disadvantaged Trust Funds pursuant to this Agreement. in good working order for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations or modifications to the equipment or vehicles without the consent of the Commission. Any lease or assignment of operational responsibility of project vehicles and equipment to third-persons is not allowed unless approved in writing by the Commission. 14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles purchased Trip & Equipment Grant Agreement 200112002 "orm Rev, 03/01/0l Page II of 19 Pages ~ .J with Transportation Disadvantaged Trust Funds are used to meet the identified transportation needs of the non-sponsored and in support of the service plan established under the provisions of Rule 41-2, Florida Administrative Code, to serve the transportation needs of the transportation disadvantaged of the area. Purchased Project equipment and vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and equipment will be used for the period of their useful lives in accordance with the most current Commission policies. The Commission may, after consultation with the Grantee, transfer purchased equipment and vehicles that it deems to be underutilized or that is not being operated for its intended purpose. This underutilized equipment and vehicles will be returned to the Commission at a specified location at a mutually agreeable time. Reimbursement of any equity or interest of the Grantee will be made after another party has assumed the obligations under the terms and conditions of this Agreement or disposal of said items by sale has occurred. The Commission shall make the sole determination of the GranteeDs interest and reimbursement. As determined by the Commission, failure to satisfactorily utilize vehicles and equipment which are purchased with Project funds shall be sufficient cause for non-payment by the Commission as provided in Paragraph 8.25, 14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is defined in the CommissionDs Capital Equipment Procedure as incorporated herein by reference. The following applicable process must be used prior to disposition of any capital equipment purchased with these grant funds: a) While the Grantee is still under contract with the Commission and the capital equipment still has useful life, the Grantee must request written approval from the Commission prior to disposing of any equipment purchased or financed in whole or in part pursuant to this Agreement, including vehicles, during its useful life, for any purpose. Proceeds from the sale of purchased project equipment and vehicles shall be documented in the project file(s) by the Grantee. With the approval of the Commission, these proceeds may be re-invested for any purpose which expands transportation disadvantaged services for the non-sponsored. If the Grantee does not elect to re-invest for purposes which expand transportation disadvantaged services, the gross proceeds from sale shall be refunded to the Commission in the same participation percentage ratios as were used to fund the original purchase. ~ · · · b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for the Transportation Disadvantaged in accordance with State regulat!ons and statutes. Title to any vehicle purchased with Project funds shall be in the name of the Grantee, subject to lien in favor of the Commission. The Commission will relinquish all interest in the vehicles and equipment when it has reached the end of its useful life and at this time the Commission will satisfy its lien of record. c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and no longer a Commission approved Community Transportation Coordinator, the capital equipment with useful life purchased with these grant funds must be transferred to an eligible recipient in accordance with the CommissionOs Capital Equipment Procedure or the Commission. 14.80 Accidents: Any accident involving leased or purchased vehicles, or vehicles under contract between the community transportation coordinator and a transportation operator or coordination contractor paid in Trip & Equipment Grant Agreement 200112002 Foml Rev, 03101/01 Page 12 of 19 Pages '-" 'WI whole or in part with trust fund money, must be reported to the Commission. Accidents involving a fatality . or fatalities must be reported to the Commission not more than 24 hours after the community transportation " coordinator becomes aware of the fatal accident. Any other accident, those not involving a fatality or fatalities, with over $1,000 in property damages, must be reported to the Commission not more than 72 hours after the community transportation coordinator becomes aware of the accident. Copies of any accident reports prepared or received by the community transportation coordinator as a result of any accident must be sent to the Commission upon receipt or preparation of the report. 15.00 Plans and Specifications: In the event that this agreement involves the purchasing of capital equipment or major components thereof, upon the Commission's request the Grantee shall submit to the Commission, certification that all such equipment meets or exceeds the requirements as identified in Exhibit "A". Failure to abide by this requirement shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. 16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shaH indemnify, defend, save, and hold harmless the Commission and all their officers, agents or employees ITom all suits, actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or due to breach of the agreement by the Grantee or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or employees. Neither the Grantee nor any of its agents will be liable under this article for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Commission or any of their officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar provision oflaw. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the Commission's negligence. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: Whereas the Commission is created in the Florida Department of Transportation (Department) and assigned to the Secretary of the Florida Department of Transportation for administrative and fiscal accountability purposes; in the event this agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.1~5(7)(a) and Section 287.058, Florida Statutes, are hereby incorporated: . The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The Department shall require a statement ITom the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of twenty-five thousand doHars and having a term for a period of more than Trip & Equipment Grant Agreement 2001/2002 Form Rev, 03/01/01 Page 13 of 19 Pages '-' 'WI one year. ~,~ r i ,~ In the event that this Agreement is for more than one year, this Agreement may be renewed on a yearly basis for a period of up to 2 years after the initial Agreement or for a period no longer than the term of the original Agreement, whichever period is longer, on the condition that renewals shall be contingent upon satisfactory performance evaluations by the Grantee and is subject to the availability of funds. The CommissionOs performance and obligation to pay under any multi-year Agreement is explicitly contingent upon an annual appropriation by the Legislature, 18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before If the Grantee does not complete the Project within this time period, this agreement will expire unless an extension of the time period is granted to the Grantee in writing by the Chairperson of the Commission for the Transportation Disadvantaged or designee. Expiration of this agreement will be considered termination of the Project and the procedure established in Article 9.00 of this agreement shall be initiated. For the purpose of this Article, completion ofproject is defined as the latest date by which services may have been provided or equipment funds may have been expended or obligated under a purchase order, as provided in the project description (Exhibit "A"). Unless otherwise extended by the Commission, all reimbursement invoices must be received by the Commission no later than 90 days after the expiration date of this agreement. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders, 20.00 Execution of Agreement: This agreement may be simultaneously executed in a minimwn of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the sa..-ne instrument. 21.00 Vendors and Subcontractors Rights: ,I 21.10 Vendors (in this docwnent identified as the Grantee) providing goods and services to the Commission will receive payments in accordance with section 215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be changed from a period not to exceed five (5) working days to a period not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida Department of Transportation has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance after receivin ,~?J~d~?J~~iL~?~.tþe Co~ission., ~ 2~?~¥Z ~W1~~~~g1J; ~~~~ 'Ur ) days after receipt of the invoice and receipt, inspection and approval rest penalty per day (as defined by Rule) will be due and payable, in Grantee. The interest penalty provision applies after a 35 day time 'ined by rule. Interest penaltíes of less than one (1) dollar will not be Jayment. Invoices which have to be returned to a Grantee because of n a delay in the payment. The invoice payment requirements do not ~e is provided to the Commission. If a payment is not available within 4 of goods and services, a separate inti addition to the invoice amount to the period to health care providers, as de enforced unless the Grantee requests vendor preparation errors will result start until a properly completed invo Page 14 of 19 Pages Trip & Equipment Grant Agreement 2001/2002 Form Rev, 03101/01 '-' ......I ? A Vendor Ombudsman has been established within the Commission of Banking and Finance. The duties i of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining ~¡ timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-2924. 21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party contract from the Grantee to a subcontractors for goods or services to be performed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must contain the following statement: When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within 7 working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of 1 percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney's fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. . 22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by the Commission. Trip & Equipment Grant Agreement 2001/2002 Foro1 Rev. 03/0 I/O I Page 15 of19 Pages '-' ..." FM/JOB NO(S). 23705218401 CONTRACT NO. AGREEMENT DATE IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. St. Lucie Board of GRANTEE: Countv Commissioners COMMISSION FOR THE TRANSPORTATION DISADVANTAGED BY: BY: TITLE: TITLE: Executive Director (Commission Desie;nee) ATTEST: ATTEST; (SEAL) (SEAL) c NOT ARY or TITLE NOTARY or TITLE DA TE FUNDING APPROVED BY COMPTROLLER (SEE ATTACHED ENCUMBRANCE FORM DEPARTMENT OF TRANSPORTATION) Trip & Equipment Grant Agreement 2001/2002 Fonn Rev, 03/0 I/O 1 Page 16 of 19 Pages '-' ""'" FM/JOB NO(S). 23705218401 CONTRACT NO. AGREEMENT DATE EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES TRIPIEQUlPMENT This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the Transportation Disadvantaged and S1. Lucie County Board of County Commissioners. 2300 Virginia A venue. Ft. Pierce. FL 34982 PROJECT LOCATION: S1. Lucie County PROJECT DESCRIPTION: To purchase passenger trips and/or capital equipment so that transportation can be provided to the non-sponsored transportation disadvantaged in accordance with Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 1, 200 I. Services shall be provided and equipment, including vehicles, will be utilized through a coordinated transportation system which has a Memorandum of Agreement in effect, as set forth in Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative Code. Trips shall be purchased at the rates indicated in the approved service plan pursuant to Rule 41-2, Florida Administrative Code. Capital equipment will consist of: NONE SPECIAL CONSIDERATIONS BY GRANTEE: I. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the Florida Department of Transportation's Guidelines for Acquiring Vehicles on file with the Commission on July 1,2000 or criteria set forth by any other federal, state, or local government agency. SPECIAL CONSIDERATIONS BY COMMISSION: Trip & Equipment Grant Agreement 200112002 Fonn Rev. 03/0 1/0 I Page 17 of 19 Pages "" ....I FMlJOB NO(S). 23705218401 CONTRACT NO. AGREEMENT DATE '~.$ EXHIBIT "B" PROJECT BUDGET AND CASH FLOW This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and S1. Lucie County Board of County Commissioners, 2300 Virginia Avenue, F1. Pierce, FL 34982 I. PROJECT COST: Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 1,2001. Trips shall be purchased at the rates indicated in the approved service plan pursuant to Rule 41-2, Florida Administrative Code. Non-sponsored Trips $211,013.00 TOTAL $211,013.00 II. SOURCE OF FUNDS: Commission for the Transportation Disadvantaged State Funds (no more than 90%) $189,912.00 Local Cash Funds $ 21J01.00 Voluntary Dollar Contributions $ - Monetary Value ofIn-Kind Match $ Total Project Cost $211.013.00 III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS ( $ divided by 1000) Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 01/02 15.82 15.82 1582 15.82 15.82 15.82 15.82 15.82 15.82 FY 02/03 15.82 15,82 15.82 15.892 Trip & Equipment Grant Agreement 2001/2002 Fornl Rev, 03/01/01 Page 18 of 19 Pages '-" .....,.¡ FM/JOB NO(S). 23705218401 CONTRACT NO. AGREEMENT DATE ,t EXHIBIT "C" TRIPIEQUlPMENT This exhibit forms an integral pari of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and St. Lucie County Board of County Commissioners, 2300 Virginia Avenue, Ft. Pierce, FL 34982 THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND CERTIFICA nONS: DOCUMENTS: Submit an audit report, based on the agency's records, in accordance with Section 7.60 ofthis Agreement. Submit invoices for goods and services, with detailed supporting documentation, in detail sufficient for a proper pre-audit and post-audit thereof. Retain, and upon request, submit driversO manifests, with supporting detailed documentation, in detail sufficient for a proper pre-audit and post-audit thereof. CERTIFICA nONS: Certification of Equivalent Service in accordance with the Commission's policy on the acquisition of vehicles as it pertains to the Americans with Disabilities Act, as amended. Said certification shall accompany any reimbursement request for vehicles and shall use the Commission approved format. THIRD PARTY CONTRACTS: The Grantee must certify to all third party contrllcts pursuant to Section 12.10 except that written approval is hereby granted for: - 1. Contracts furnishing contractual services or commodities from a valid State or inter-governmental contract including the Memorandum of Agreement and Transportation Disadvantaged Service Plan as set forth in section 287.042(2), Florida Statutes. 2. Contracts furnishing contractual services or commodities for an amount less than Category II as set forth in section 287.017(1)(b), Florida Statutes. 3. Contracts for consultant services for an amount less than Category I as set forth in section 287.0] 7(1 )(a), Florida Statutes. Trip & Equipment Grant Agreement 200I/2002 Fonn Rev, 03/0 I/O 1 Page 19 of 19 Pages "-' ..., Å. , ... RESOLUTION NO. 01·169 WHEREAS, subsequent to the adoption of the S1. 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 State of Florida, Department of Juvenile Justice in form of a grantfor the S1. Lucie County Mental Health Collaborative Program in the amou nt of $99,999.99. 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 10th day of July, 2001, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal ýear 2000-01, and the County's budget is hereby amended as follows: REVENUES 001270-6420-334204-600 FI. Dep1. of Juvenile Justice $99,999.99 APPROPRIATIONS 001270-6420-534000-600 Other Contractual Services $99,999,99 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Paula A Lewis xxx xxx xxx xxx xxx PASSED AND DULY ADOPTED THIS 10TH DAY OF JULY, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Ci/02/01 14:18 FÞV 5614622117 '-' SLC OMB 14101 A , ....I . 8T ATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE . ......- June 28,2001 Q2044 Frannie Hutchinson 81. Lucie County Board of County Commissioners 2~,00 Virginia Avenue Fc:rt Pierce, FL 34982-5652 7671 Datil From co. -. Phc>I'e . FIl'" FIIX t Doar Ms. Hutchinson, E;"c!osed are the grant Terms and Conditions for your agency's St. Lucie County Mental Health Collaborative Program. Please have the authorized official sign the enclosed document and return to the dE partment no later than July 6, 2001. For your convenience, I have enclosed a Federal Express return re:eipl. If ,ou have any questions, please feel free to contact me at (850) 921·5210. .- 51 ,f" 71 M J Wilson JLvenile Justice and Delinquency Prevention A!;sistant Program Director ....~_. 01 ~Lt. I \l.'r ! fjO ") :I.': ,;La :"':'trl". !"I .., ;"",' 1~ .... :, I' ~Ir" - - , I 1'; J'' ..:, UL _ i '- _ 1-__, Epc!osures: 1. Terms & Conditions 2. Attachment I 3. Fed Ex Return Receipt . ", ~. ""M ..'... I_t.. ~ ~. ._.. ~ __' , -- "'--'-----.... 2737 CeNURVIEW DRIVE TALLAHASSEE, FLORIDA 32399-3100 JEB BUSH, GOVERNOR W. G. "BILL" BANKHEAD, SECRETARY ê¡/02/01 14:18 Fft~ 5614622117 '-" SLC OMB 14102 ....; ~ ' .. Grant # Q2044 ~ THIS GRANT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE, "(DEPARTMENT)", AND ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS. "(GRANTEE)". Grant Application is included in this grant (Attachment II). 1. Period of Performance: The effective date of the grant is July 1, 2001 and shall end on June 30,2002, 2. TVpe of Grant; ThIs is a fixed price grant 3, Circulars and Common Rules: The grantee shall be in accordance with the following Circulars: Administrative Requirements: OMS Circular A·102, "Grants and Cooperative Agreements with Stale and Local Governments; OMB Circular A.110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations: Allowable Cost OMS Circular No, 87. "Cost Principles for State and Local Governments,' OMS Cin:ular No. A·21, 'Cost Principles for Educational Institutions: OMS Circular No. A-122, 'Cost Principles for Nonprofit Organizations." Audit Requirements: OMB Circular A-133, "Audits of State, Local Governments and Nonprofit I nslitutions." 4. Method of Payment: The department will pay the grantee for delivery of service units (Attachment I) provided In ac~rdance with the terms of this grant for a total dollar amount not to exceed $99.999.99. subject to the availability of funds. a. The department will pay only those grant costs agreed to in the grant. The department will not be responsible for any cost incurred prior to execution of the grant Only grant costs incurred on or after the effective date and on or prior to the termination date of the grant are eligible for payment. b. Payment shall be requested on a monthly basis on the invoice forms provided by the Department. c. During the first year, one advance payment of up to 25% of the total award amount may be requested upon the effective date of the grant The total amount of the advance payment win be recovered by reducing the first three months' reimbursements by o~third of the total advance payment Total payments for the grant period shall not exceed the total grant funds available. The grantee shall invest advanced payments in an insured. interest bearing account IntErest earned on advance funds shall be returned to the Department on a monthly or quarterly basis by check made payable to the State of Florida, Department of Juvenile 1 ::-:CV01 14:18 Fftv 5614622117 '-" SLC OMB IaI 03 """"" ... ' .. Justice and submitted to the grant manager. Grant recipient must provide written justification for advance payments, The proceeding clause Is applicable only to not·for-proflt organizations and other governmental agencies, . d. The grantee shall request payment through submission of a completed invoice to the grant manager by the 10th of each month following the month in which services are rendered. Failure to submit the invoice by the 10th may result in reduction of payment for services and/or termination. 1 e. Final Payment: The grantee shall submit the fina invoice for payment to the department no more than 30 days after the grant ends or is terminated: if the grantee fails to do so. all rights to payment are forfeitBd, and the department will not honor any reQuests submitted after the time period. f. Obligation of Funds: Grant funds shall be expended in accordance with the approved budget Funds shall be obligated/encumbered by the end of the grant perfonnance period. Funds shall be expended 30 days after the initial grant period. The Department will not provide funding for any obligations incurred by the grantee after the end of initial grant period. 5, Minority Business Enterprise Utilization ReDOrtina Reauirements: The grantee shall provide minoñty business enterprises (MBEs) an opportunity to participate in grant perfonnance. A MBE subcontractor is defined as a business certified by the Florida Office of Supplier Diversity 1D be a Certified Minority Business Enterprise. Minority vendors can be located by contacting the Office of Supplier Diversity at (850) 487-0915 or by visiting their website httD:/ImbaaoJdles.state,t1.us. . The grantee shall submit to the grant manager, along with the monthly invoice, a listing of all payments made for supplies and services to Minority Business Enterprises (MBEs) during the invoice period, The listing shall identify the MBE code for each payment. 6. Llauldated Damaaes: If the grantee failS to submit the reQuired reports to the Department (20) days after the due date as stated in Section 1 Method of Payment and Section 7 Reports, the Department will suffer financial damages. The parties cannot predict the precise amount of these damages in advance. Accordingly, the parties agree that in the event of late filing of the documents identified, the Department will reduce the payments to the grantee in the manner described below: $100 $300 Alternatively, if perfonnance is deficient, the Department may tenninate this grant under the Default provisions in the grant in that event, the grantee shall also be liable for actual damages accruing until the time the Department may reasonably obtain service or performance of services. The damages shall be in addition to other rights of the Department to tenninate the grant 2 Oi/02/01 14:18 F.~T 5614622117 '-" SLC OIllB 14]04 ...I " -- .. ' 7. ReDortina Requirement: The grantee shall comply with the following time period for reporting: R. rts Due Date 10" of the Month 1 Olh of the Month 10th of the Month 10111 Of the Month See Chart See Chart See Chart Quarterly See Chart Qu arterty See Chart Reimbu~ment for expenses will be withheld until quarterly reports are submitted. Failure to comply with reporting requirements may result in termination of the grant. Final payment shall be withheld pending receipt of all reports. 8. Confidentiality: The grantee, its agenls. employees or subgrantees will not use or disclose any informa~on concerning a recipient of services under this contract for any purpose not in conformity with state statutes and any applicable federal regulations (45 CFR. Part 205.50) except upon written consent of the recipient. or hislher responsible parent or guardian when authorized by law, 9. Commencement of Proiect: If a project is not operational within 60 days of the grant effective date, the grantee shall report by letter to the grant manager the steps taken to initiate the grant, the reasons for delay. and the expected starting date. Fai1ure to submit notification within 60 days may result in grant termination, The Program Director may extend the implementation date of the grant past the SQ-day peood. When this occurs. the grant flies and records must so note the extension. If a project is not operational within 90 days of the grant effective date of the grant period, the grantee must submit a second statement to the Program Director by certified mail explaining the implementation delay. Upon receipt of the 9O-day letter. the Program Director may cancel the grant and reallocate the funds. 10. Grant Amendments: Grants may be amended only upon execution of a formal written agreement signed by both parties and with adequate justification. Amendments are effective on the last date signed and will not be made retroactive. Grantee shall obtain Drior written approval from the grant manager for changes in the grant including but not limited to: 3 :-'02/01 14:18 FA v '1614622117 '-" SLC OMB 14105 ~ , ' .. a. Changes in project activities, designs or research plans set forth in the approved grant b. Reallocation of budgeted expenditures or reduction in expenditures. Under no circumstances can transfer of funds increase the total approved award. Ten percent (10%) or $1,000 may be reallocated without grant manager approval withirtobelWeen already approved budget categories once during a six-month period. The grant manager must be notified within (30) days in writing of the budget changes. 11. Travel: All travel reimbursement for in-s1ate travel in excess of 100 miles from program location shall be based upon wfittèn approval of the grant manager prior to the travel. a. The cost of all travel shall be in accordance with Section 112.061, Florida Statutes, b. All travel reimbul"iiement for out-of-state shall be based upon wr!nI!l approval of the grant manager prior to the travel. c. Grantee shall send a representative to any required technical assistance training provide by the Department 12, Training: The grantee shall ensure that each of their project staff has received training in child abuse and neglect (e.g., detection, reporting, prevention and counseling), confidentiality requirements and how to handle emergencies on the job. The grantee shall maintain a record of all training, conference, staff meeting or continuing education for all employees. 13, Proøertv: All property and equipment purchased in excess of $500 requires three written competitive bids and these documents shall remain in the grant files. All property and equipment purchased with grant funds shall be vested with the department All such property and equipment shall be returned to the department at the tennination of the grant The department will withhold final payment to the grantee until all property is returned. The grantee shall comply with Section 273.02, Florida Statutes. Property purchased with grant funds above $500 shall be listed on Annual Inventory Fonn provided by the Department 14. Infonnatlon TechnoloGv Standard: Grantee shall receive written approval from the department prior to the purchase of any InfonnatiOn Technology Resource (ITR) made as part of this grant The grantee shall secure prior written approval by means of an Information Resource Request (IRR) fonn before the purchase of any ITR. The form is available from the grant manager. The grant manager is responsible for serving as the fiaison between the grantee and InformaVon Systems during the completion of the IRRlITR process. ITR are data processing hardware. software, services, supplies, maintenance, training, personnel and facilities. The grantee shall not be reimbursed for any ITR purchases made prior to obtaining the department's written approval. 15. SUDDlantina: The grantee shall not use funds provided by the Department to replace funds from other funding sources. 16. Comminale: Grantee shall establish a system to provide adequate fund accountability for each project that is awarded. 4 :7/02/01 14:18 F'v 5614622117 ~ SLC OMB ~06 ....,; '" \ ;. 17. Lobbvlng: Grantee shall comply with the provision Section 216.347, Florida Statutes, which prohibits the expenditure of grant funds for lobbying the Legislature. judicial branch or a state agency. 18. Backaround Screenina: The grantee shall comply with the Department of Juvenile Justice. Office of the Inspector General's Statewide Procedure on Background Screening for Employees. Providers, and Volunteers. The grantee shall comply with the requirements for background screening as mandated in Section 985.01. Florida Statutes, Background screening results must be submitted with the initial reimbursement. Reimbursements will be withheld for an employee who has not received a favorable preliminary screening or a favorable final screening within six (6) months. Failure to comply with the department's background screening procedure may result in cancellation of the grant 19. Incident Reoør1ina; The Provider shall comply with the Department of Juvenile Justice, Inspector General's Statewide Incident Reporting Procedure. Failure to comply with this procedure could result in cancellation of the grant 20. Annual Financial Audit: The grantee shall have an annual audit of the grant-funded program in accordance with the Rules of the Auditor General. Chapter 10.600 Audits of Stale Grants and Aids Appropriations. promulgated pursuant to Section 11.45, Florida Statutes. If the amounts received do not exceed $25.000. a swom affidavit from the agency head must be submitted strting the program has complied with provision of the grant. The annual audit is due no later than 120 days after the close of the grantee fiscal year. 21. Audits and Records: The grantee shall maintain books, records. and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiendy and prope~y reflect all revenues and expenditures of funds provided by the Department under this grant. To assure that these records shall be subject at all reasonable times to inspecdon. review. or audit by state and federal personnel and other personnel duly authorized by the Department. The grantee shall maintain and file with the Department such progress, fiscal, inventory reports, and other reports as the Department may require within the period of this contract, to Include all audit and record keeping requirements in all approved subcontracts and assignments, 22. Retention of Records: The grantee shall retain all financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this grant for a period of five (5) years after termination of this grant. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. Persons duly authorized by the Department shall have full access to and the right to examine any of said records and documents during said retention period or as long as records are retained, which ever is later 23. Abuse, Nealect. and ExDloltation ReDortlna: Grantee shall comply with Chapter 415. Florida Statutes An employee of the grantee who knows, or has reasonable cause to suspect that a child is or has been abused, neglected. Dr exploited shall immediatBly report such knowledge or suspicion to the central abuse registry and tracking system of the department on the single statewide toll-free telephone number (1-800-96-ABUSE [800-962-2873]). 5 Oi/02/01 14:18 F.~ 561462211i ~ SLC OMB 14107 ", l .J ,.- 24. Indemnification: Pursuant to Section 768.28, Florida Statutes, the grantee shall indemnify and hold hannless the Department of Juvenile Justice, upon notice, for any Uabilities caused by the grantee or its employees' or agents' negligent or tortious acts or omiSsions within the scope of this grant to the limits of sovereign immunity. . 25. Insurance: The grantee shall provide adequate insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this grant State agencies shall comply with Section 768.28, Florida Statutes and verification of liability insurance shall be provided upon request. Payment will be withheld until proof of insurance has been forward to the grant manager. '. 26. Immiaration and Nationality Act: If the grantee knowingly employs unauthorized aliens, The Department will consider this a violation of Section 274A(e) of the Immigration and Nationality Act. Such violadon shall be cause for unilateral cancellation of this grant. 27. Monitorln!!: The grantee shall permit persons duly authorized by the Department of Juvenile Justice to inspect any records, papers, documents, facilities, goods and services relevant to the grant program. This includes interviews with any client or employee of the grant program. 4 28. Termination for Convenience: This grant may be tenninated by the grantee upon no less than ninety (90) calendar days notice. without cause. at no additional cost unless a different notice period is mutually agreed upon by both parties. The grantee must be operating In a state of compliance with the terms and conditions of the grant at the time the notice is issued and must remain compliant for the duration of the performance period, The grant may be terminated by the Department upon no less than thirty (30) days' notice, without cause, at no additional cost, unless different notice period is mutually agreed upon by the parties. . 29. Termination for Default: The department may, by writtan notice to the grantee, terminate this grant upon notice. Waiver of breach of any provisions of this grant shall not be deemed to be a waiver of any other breach and shall be construed to be a modification of the terms of this grant The provisiDns herein do not limit the departmenfs right to remedies at law or to damages, All termination notices shall be sent by certified mail. or other delivery service with proof of delivery, 30, Eaual EmDloymenl ODDortuni!;y IEEO): No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, Or otherwise subjected tD discrimination under grants awarded pu~uant to Title IV of the Civil Rights Act of 1964: Section 504 of the Rehabilitation Act of 1973 as amended; Title IX of the Education Amendments of 1972: The Age Discrimination Act of 1975: Section 654 of the Omnibus Budget Reconciliation Act of 1981. 31. American with Disabilities Act 1990: Grantee shall comply with the requirements of the American with Disabilities Act. (ADA), Public Law 101-336, which prohibits discrimination on the basis of disability and requires reasonable accommodation for persons with disabilities, 32. AssiQnment and Subarants: The grantee shall not assign responsibility of this grant to another party or subgrant for any of the work contemplated under this grant without written approval of the department. No such approval by the department of any assignment or subgrant shall be deemed ' in any event to provide for the department incurring any obligation In addition to the total dollar amount agreed upon in this grant 6 ~7 '~:/C~ 14:18 FAY 5614622117 SLC OMB 14108 '-' ..", S;. , 33. False Claim Act: False claims submitted in connection with this grant are subject to civil penalties and damages under "Florida False Claims Act." Section 68.082, Florida Statutes. 34. Blaodborne Pathogens: The grantee shall comply with Federal Rule 29 CFR 1910.1030 regarding Bloodborne Pathogens. · 35. OwnershiD of Data and Creative MaterIal: Ownership of material, discoveries, inventions, and ra$ulls developed, produced. or discovered subordinate to this grant is governed by the terms of the Office of Justice Programs Financial Guide. 36. Publication or Prlntlna of Reoorts: Responsibility for the direction of the grant activity will not be ascrtbed to the grantor agency or the department Any publication produced under this grant shall contain the following wording: "This publication is partially funded by funds awarded by the U.S. Department of Justice, Office of Jl1V9nile JU$fice and Delinquency Prevention. and the Flolida Department of JlJV9(ile Justice.· Any publication shall include the following statement: "The oDinions. findínas, and conclusions or recommendations exoressed in this oubrlCation are those of the author(s) and do not necessarilY reflect the views of the Deoartment of Juvenile Justice." The receipt of the grantor agency funding does not constitute official recognition or endorsement of any wort perfonned under the grant 37. Access to Records: Persons duly authorized by the department and federal auditors shall have full access to books, documents, papers and records of the grantee and subgrantee for the purpose of audit and examinations according to the U.S. Department of Justice, Office of Justice Programs, Office of the Comptroller. Financial Guide. ~ ~ 38. Non-Procurement, Debarment and SusDension: The grantee shall comply with Executive Order 12549, Debannent and Suspension. These procedures require the grantee to certify it shall not enter intD any lower tiered covered transaction with a person who is debarred suspended, declared inengible or is voluntartly excluded from participating in this covered transaction, unless authorized by the department 39. Renewal: This grant may be renewed on a yearly basis for no more than two (2) years or for a period no longer than the IBnn of the original grant. Such renewal shall be contingent upon satisfactory performance evaluation as determined by the department and shall be subject to the availability of funds. The total cost for the first renewal will not exceed $ $99.999,99 and the total cost for the second renewal will not exceed $ $99.999,99. Each renewal shall be confirmed in writing and shall be subject to the same tenns and conditions set forth in the initial grants, Renewals may be granted On a fixed-price basis, confingent on provider performance. · · Remainder of Page Left Blank Intentionally 7 C¡¡02¡OI 14:18 FÞY 5614622117 F'" W SLC OMB """'" In witness thereof, the parties affirm they each ha'Je read and agree to the conditions set forth, have read and understand the document in its entirety and have executed this grant by their duly authorized officers in the date, month and year set out below. Corrections Including strikeovers, whiteout, etc., on this page are not acceptable. Grant.. Authorized Official By: Type Name and Title: Date: FEIN Number: Stlte of Floridl Department of Juvenile Justice By: Type Name and Title: Francisco J. Alarcon, Deputy S.c...tary Date: 14109 I I ~ , I ~ , I I ~ ì I ~ ...., '-' ITEM ~ C-8a AGENDA REQUEST DATE: July 10,2001 REGULAR [ ] f PUBLIC HEARING [ ] CONSENT [X] . TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: BACKGROUND: OMB PRESENTED BY: Marie M. Gouin Request for authorization to submit a Local Law Enforcement Block Grant application on behalf of the St. Lucie County Sheriff's Office. St. Lucie County Sheriff's Office has tilled out an electronic application to participate in the FY 2001 Local Law Enforcement Block Grant Program (LLEBG) offered annually by the US Department of Justice, Bureau of Justice Assistance Programs. If awarded the grant can bring in up to $72,927 in federal funds, which can be used in a number of operational and capital purpose areas. The required local match of $8,103 is included in the Sheriff's budget. FUNDS WILL BE AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve submission of the LLEBG application, and authorize the County Administrator to sign the electronic application. COMMISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: County Attorney: XX ¥ ~ Coordination/SiQnatures Management & Budget: XX3~ Purchasing: Public Works: Other: Originating Dept: Finance: (Check for Copy only, if applicable) XX G:\BUDGE'I\ WPlAGENDA'SlAgendaO 1 \7'1 OLLEBG _Grant wpd '-' 'will MEMORANDUM TO: Mika Gorniewicz, Budget Analyst St. Lucie County Management & Budget Department Chi,f D,puty Gmy Wil~i' County Sh,riff, om" July 03, 2001 FROM: DATE: SUBJECT: St. Lucie County Commission Meeting - Agenda Request for July 10, 2001, 9:00 a.m. NUMBER: 01,07.02 Commission Approval to: · Apply for 2001-2001 Local Law Enforcement Block Grant Application Award Amount: $ 72,927 Agency Required Match: $ 8.103 Total Project Cost: $ 81,030 Program Area: Procurement of equipment, technology, and other material directly related to basic law enforcement functions, Use Of Funds: Funding will be used to purchase 27 laptop computers for the School Resource Deputy Program and to replace or upgrade in-house computer hardware or software. . Approve Local Law Enforcement Block Grant Review Board Members. The Sheriffs Office is eligible to apply for the U.S. Department of Justice/Office of Justice Programs, 2001-2001 Local Law Enforcement Block Grant. Before we can request the draw down of funds, the St. Lucie County Sheriff's Office must call upon the Local Law Enforcement Block Grant Board Members to review our program goals and objectives and use of funds. This board has been in existence for the past three years and has assisted with the review of previous Local Law Enforcement Block Grants. The Local Law Enforcement Block Grant Board Members are: Mr. Dave Morris - St. Lucie County School Board Mr. Vernon Smith - Concerned Citizens and Officials Mr. Mark Godwin - Court Administrator's Office Mr. Tom Bakkedahl - State Attorney's Office Captain Mike Graves - St. Lucie County Sheriff's Office The USDOJ/OJP requires the establishment of an advisory board to review our application for funding and is authorized to make non-binding recommendations to the local unit of government for the use of funds received under the program. The advisory board must include a representative from '-' 'WI Mika Gorniewicz, Budget Analyst Page 2 July 3, 2001 a local law enforcement agency, local prosecutors office, local court system, local public school system, nonprofit educational, religious, or community group active in crime prevention or drug-use prevention and treatment. Our Grant Administrator, William R. Simon, will function as the Primary Point of Contact for our agency with the u.s. Department of Justice/Office of Justice Programs. It is our understanding that Maria Gorniewicz will function as the Jurisdiction Contact between the County and OJP. Upon approval by the B.O.CC the County Administrator should direct Mika Gorniewicz to request and authorize a draw-down of funds. Prompt attention to this matter will assure our meeting the submission deadlines. If you have any questions, please contact Mr. Simon at 462-3359 (office) or 489-5660 #108 (pager). wrs cc: Major Roy Hudson, Director of Law Enforcement Major Tom McInerney, Director of Administration Captain Mike Graves Captain Steve Reuther Mr. Henry Walker, Comptroller Local Law Enforcement Block\.ints - LLEBG Introduction Application Grant Handbook Overview CEO Infonnation Program Contact Information Certitïcations Award and Match Submit ADDlication DeclineXunds Help/Frequentlv Asked Questions LLEBG Home Log-Off .....,¡ Page 1 of t""'"~, ,. r: . :mnr .3!ock rants Program .,.TO;, ;"1.<. ,-C:L Award Grant Chanqes Reports Correspondence 13£12 Award and Match The following is the summary information for the total amount of LLEBG funds for which you are applying: Eligible Award Amount Your jurisdiction's Eligible Award Amount, not including PSOHB compliance status, is reflected in this figure. $72,927 Final Award Amount The Final Award Amount shown below includes the adjustments to your eligible award amount due to the PSOHB compliance status of your jurisdiction. $72,927 Match Amount The LLEBG Program requires a 10 percent cash match, calculated as one-ninth of the Final Award Amount, with no waiver provision (except for American Samoa, Guam, Northern Mariana Islands, and U.S. Virgin Istands). Federal funds may not exceed 90 percent of total program costs. Your match amount has been automatically calculated based on the Final Award Amount. $8,103 AUTHORIZATION TO SUBMIT ELECTRONIC GRANT APPLICATION: DOUGLAS M. ANDERSON COUNTY ADMINISTRATION DATE https://grants.ojp.usdoj.gov:8004/gms_ user/plsq l/llebgy2k.gen _award _ amount_ scr?p _ bgid=3 7/3/0 Page 1 of Local Law Enforcement Bloc\."..t1nts - LLEBG Introduction Application Grant Handbook Overview CEO Information Program Contact Information Certifications Award and Match Submit Application Decline Funds HelplFrequently Asked Questions [,LEBG Home Log-Off ....., :mi'!· 3/ock ,rants Program '»!;;;('/, FL Award Grant Chanqes Reports Correspondence RFQ Overview Please use the above tabs to navigate through the grant process. The Application tab allows you to complete all of the steps required to submit your FY 2001 Local Law Enforcement Block Grants (LLEBG) application. You can navigate through this section by either clicking on the steps listed on the left-hand side of the page, or by clicking on the navigation buttons provided at the bottom of each page. Only the Chief Executive Officer (CEO) of the jurisdiction, or the officially designated progam contact, may apply for funding under the LLEBG Program. If you are not the CEO of your jurisdiction, or the officially designated program contact, then please cancel the application process. Otherwise, continue with the FY 2001 application process by clicking on the Continue button below. If your jurisdiction chooses to decline FY 2001 funding, please click on the Decline Funds button to the left. Please use appropriate uppercase and lowercase letters throughout the application process. The information will appear exactly as you type it throughout the entire FY 2001 process The LL_EBG_Fact Sheet provides a comprehensive overview of the Program. https:/lgrants.ojp.usdoj.gov:8004/gms_ user/plsql/llebg_ main.overview?p _ bgid=3 7/3/0 Local Law Enforcement Block\..lnts - LLEBG Introduction ...,¡ Page I of Application Award RFD Grant Changes Reports Correspondence J":," ~ ':'men: Block ·..francs Program .;0:;";,/. ¡=L .. Grant Handbook CEO Information Overview Please provide or update information about the Chief Executive Officer (CEO) of your jurisdiction (Le., Mayor, City Manager, County Commissioner, etc.). Use appropriate uppercase and lowercase letters throughout this application. CEO Information Program Contact Information ,3t L c: E(~ . )unty ,=;j::c, '!2S',: le,":::t Jre 3ccepted award for a different fiscal year. Changing the ì3l':W cause E: ';'2n: .'\Ciustment Not<ce (GAN) to be generated for the other grant(s). Jil! be (~T .-':::8d 'JOC:-¡ JC;):'ovai b\j BJA. Th¡:'~ Title ICounty Administrator I Prefix Mr. . First Name Douglas I Last Name ¡Anderson I I Address Line 1 12300 Virginia Ave. I Address Line 2 I ! City Fort Pierce I State FLORIDA Zip Code 134982 ¡ _15652 i Need help for ZIP+4? Phone 1561-462-145 IFormat: 999'¡¡99-9999 Extension I [ Fax 1561-462-213 ¡Format: 999'¡¡99-9999 E-mail ombslcfl@bellsouth.n I Is the person currently completing this application the CEO? I r Yes Ie No Certifi"ations Award and Match Submit Application Decline Funds HelplFrequentlv Asked Ouest ions LLEBG Home Log-Off https://grants.ojp.usdoj.gov:8004/gms _ user/plsqllllebg_main.ChangeCeo 7/3/0 Local Law Enforcement Bloc~tnts - LLEBG Introduction Application Grant Handbook Overview CEO Infonnation Program Contacj: Information Certifications Awarn and Match Submit Application Decline Funds HelplFrequently Asked Ouestions LLEBG Home Log-Off ....,¡ Page 1 of F ~.: mc!~' 810ck ';rants Program " -.. . _ c-, ",";" -:.....~)1.J{-- ~~_-'> :-L Award RFD Grant Changes Correspondence Reports Program Contact Information The Program Contact person is the individual officially designated by the CEO to serve as the day-to- day contact on all program related matters, including completing this application, and can answer all program related questions from BJA. As the officially designated Program Contact, this individual has the ability to bind the jurisdiction to all terms and conditions related to this grant. Only public officials have the ability to bind the jurisdiction legally to the terms of the LLEBG Program. A CEO may not delegate this responsibility to a non-public official or a public official outside his/her jurisdiction. A jurisdiction may use whatever assistance it deems appropriate to gather needed information for the completion of the LLEBG on-line application and payment acceptance processes; however, it mav delegate only to a public official within the applicant jurisdiction the responsibility for actually completing the on-line processes. Any applying jurisdiction violating these requirements will be subject to formal action, including nullification of the FY 2001 LLEBG application as well as eligibility for the future LLEBG funding cycles. St ~_. ~. ;.' !c;;.;~r :-;e accepted awareJ for a different fiscal year Changing the .' r-r -'; ;t:~;'i!'!' . iUtolTiiJIIcaliy Updôê·::; this Information for all of your active LLEBG ~..o,_',¡ \N:¡¡ -; ';3ueo tJ locument this chance Proi, gran Title Budget Analyst I Prefix IMrs. . First Name IMaria ! Last Name Gorniewicz I Address Line 1 12300 Virginia Ave. I Address Line 2 I , IFort Pierce , City ! State FLORIDA Zip Code 1?4982 1_15652 I Need help for ZIP+4? Phone 1?61-462.173 IFormat; 99~99-9999 Extension L I Fax 1561-462-211 ¡Format: 999-999-9999 E-mail gorniewm@stlucieco. I https://grants.ojp.usdoj.gov:8004/gms_llser/plsq l/llebg_ main.prog_ contact"page?p _ bgid=3 7/3/0 Local Law Enforcement BlocK\.-,.mts - LLEBG Introduction Application Grant Handbook Overview CEO Information Program Contact Information Certifications A ward and Match Submit Application Decline Funds HelplFreauentlv Asked Ouestions LLEBG Home Log-Off '-' Page I of t';er: idiock :Jrants Program ·./~L:n; ,';;:L Award RFD Grant ChanQes Correspondence Reports ¡'t!i PSOHB Reauirement SPOC Review SAA Review The LLEBG Trust Fund Requirement All direct LLEBG recipients and State subrecipients must establish a trust fund in which to deposit LLEBG Program funding. The trust fund mayor may not be an interest bearing account. Regardless of the type of account selected, the trust fund must protect the principal. The trust fund must be established by the the recipient jurisdiction, not by the implementing agency lies. For example, in the case of a city award, the city manager or mayor's office must establish the trust fund, not the police department. In some jurisdictions, the term "Special Revenue Fund" may denote the same attributes as the definition for trust fund under the LLEBG Program. An LLEBG recipient's trust fund must include the following four features: 1. The fund may earn interest, but any earned interest must be used for program purposes. The trust fund does not have to be an interest bearing fund. 2. The recipient must be able to account for the Federal award amount. 3. The recipient must be able to account for the local match amount. 4. The recipient must be able to account for any interest eamed. P" I have read the above requirement. https://grants.ojp.usdoj.gov:8004/gms_ user/plsql/llebg_ main. certifications _ trustjund?p _ bgid=3&p _ history=2 7/3/0 Local Law Enforcement Blocl<\',,;nts - LLEBG Introduction Application Grant Handbook Overview CEO Infonnation Program Contact InJormation Certifications Award and Match Submit Application Decline Funds HelpiFrequentlv Asked Ouestions LLEBG Home Log-Off .....I Page 1 of C"\. , , ,'mS'i;: 310ck _~rants Program C"OL,,'/it:/ P:L Award RFD Grant Chanqes Reports Correspondence Trust Fund Requirement n-rn ~·:.;ujrcrn SPOC Review SAA Review PSOHB Compliance Please follow these steps to complete this screen: 1. Open and review the Compliance requirements of the Public Safety Officers' Health Benefits (PSOHB) Provision. 2. Is your jurisdiction in compliance with the PSHOB Provision? Yes (i No (' By answering "YES" you certify that your jurisdiction, NOT the implementing agency, provides the same or better level of health insurance benefits to a public safety officer who retires or is separated from service, as a direct or proximate result of personal injury sustained in the line of duty while responding to a hot pursuit or emergency situation, as the officer was receiving while on active duty. 4 https:llgrants.ojp.usdoj.gov:8004/gms_user/plsqlllle bL main. certifications -psohb?p _ bgid=3&p _ history=2 7/3/0 PSOHB COMPLIANCE DO~ENTATION '..I Page 1 of NOTE: You must select "Yes" below and click on the "Save and Continue" button at the bottom of the page before closing this window. PUBLIC SAFETY OFFICERS' HEALTH BENEFITS (PSOHB) PROVISION The provision states that a unit of local government (NOT the implementing agency) must provide the same or better level of health insurance benefits to a public safety officer who retires or is separated from service, as a direct or proximate result of a personal injury sustained in the line of duty while responding to a hot pursuit or emergency situation, as the officer was receiving while on active duty. A public safety officer is an individual serving a public agency in an official capacity (with or without compensation) as a: · Law Enforcement officer(1) · Firefighter · Rescue squad or ambulance crew member If a unit of local government is not in compliance with this provision, it is still eligible for funding from BJA, but will forfeit 10 percent of the eligible amount. Criteria for Compliance To be in compliance, a unit of local government must: 1. Use the definitions provided for public safety officer, law enforcement officer, firefighter and public agency as defined by section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. 2. Use State statutory law, or, in the absence of State law, use State case law, local law, or have established written policy for defining" injury suffered as a direct result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit" State law definitions of the terms" emergency situation" and" hot pursuit" must be used. 3. Have an established written procedure or process for reviewing cases of injuries suffered in the line of duty. 4. Be able, upon request, to document that the same or better level of health insurance benefits as received while onduty is paid at the time of retirement or separation due to an injury suffered as the direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit. f (1) Section 1204(5) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, defines a law enforcement officer as "an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the laws, but not limited, to police, corrections, probation, parole and judicial officers. If you do not understand this provision, call the GMS Hotline at 1-888-549-9901, option 4. If you do understand, please click "Yes" below. 7 Yes, I have read and understand the above PSOHB Compliance requirements. https://grants.ojp.usdoj.gov:8004/gms_llser/plsq l/llebg_ main.psohb _compliance 7/3/0 Local Law Enforcement Block\.....mts - LLEBG Introduction Application Grant Handbook Overview CEO Infonnation Program Contact Information Certifications Award and Match Submit ADDlication Decline Funds Help/Frequently Asked Questions L1EBG Home Log-Off ..J Page 1 of '3menc :3/ock Jrants Program <".' ."'. FL Award RFD Grant Chanqes Correspondence Reports Trust Fund Requirement PSOHB ReQuirement SP()C Review SAA Review Single Point of Contact Review If a Block Grants Program has been selected for review under Executive Order 12372, "Intergovernmental Review of Federal Programs," then the applicant is required to submit a copy of its application to the State Point of Contact (SPOC). Click here for a list of all State SPOCs. If your State is not listed, then you are not required to send a copy of your application to a SP~C. Each applicant rDJ,.t~ check the box below: P' If my jurisdiction has a SP~C. then I will send or fax a copy of our application to our SPOC. Documentation supporting this action will be maintained on-site and will be available for review upon request. At the end of the application process you will be given an opportunity to print a formal copy of your application, https://grants.ojp.usdoj.gov:8004/gms_ user/plsql/llebg_ main. certifications _ spoc?p _ bgid=3&p _ history=2 7/3/0 Local Law Enforcement Bloc~ts - LLEBG Introduction ....I Page I of Application Award RFD Q@Dt Changes Reports Correspondence r,,)ii- Block 3rants Program .:J:':. ,,':'"~¡~/, FL Grant Handbook Trust Fund Rem¡jr'~!]'.~:lt PSOHB Requirement SPOC Review SAA Rn'¡c\\ Overvicl\' State Administrative Agency Review CEO Information Eligible units of local government must submit a copy of their application to the designated State Administrative Agency (SM). Program Contact Information Click here for a list of State Administrative Agencies. Award and Match [7 My jurisdiction will send a copy of our application to our State Administrative Agency. Documentation supporting this action will be maintained on-site and will be available for review upon request. Certificati.ons Submit Application At the end of the application process you will be given an opportunity to print a formal copy of your application. Decline Funds Help/Frequently Asked Ouestions ILEBG Home Log·Off https://grants.ojp.usdoj .gov: 8004/gms _user! p lsc¡ IIlle bg_ main.certifications _ saa?p _ bgid=3 7/3/0 Local Law Enforcement Bloc!Vnts - LLEBG Introduction "WI Page 1 of Application Award RFD Grant Chang.e~ Reports Correspondence '7' iir' .':" i3!ock ;rants Program i=L Grant Handbook Submit Application Overview Your city/county can submit the application for this year only when the following checklist is complete. Click on the link to get additional information on each incomplete requirement. A "Continue" button will appear at the bottom of the screen when all the requirements are complete. CEO Informaticm Program Contact Information Status Requirement . CEO Information. . Program Contact Information . Certifications regarding Trust Fund Certifications regarding PSOHB . Certifications regarding 8POC Review Certifications regarding 8AA Review Award and match amount information certifications Award and Match Submit Application Decline Funds HelplFrequen11y.ð~ked Ouestions LLEBG Home Log·Off https://grants.ojp.usdoj.gov:8004/gms_user/plsgl/lle bgy2k. update_award _amount 7/3/0 Assurances '-' .....¡ Page 1 of NOTE: You must click on the "AcceRt" button at the b-ºJtom of the page before closing this window ASSURANCES The ~pplicant ~ereby assures ~nd certifies compliance with all Federal statutes, regulations, policies, guidelines and reqUIrements, Including OMS Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and ~ooperative Agreements. 28 CFR, Part 66, .Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted proJect. Also the Applicant assures and certifies that: 1. It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information may be required. 2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 3. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) . 4. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act if applicable. 5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. , 6. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 7. It will comply with all requirements imposed by the Federal sponsoring agency conceming special requirements of law, program requirements, and other administrative requirements. 8. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 9. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 10. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the https://grants.ojp.usdoj.gov:8004/gms_ user/plsq l/llebg_main.certifications _ assur .-partl ?p _ bgid=3 7/3/0 Assurances \.,..- "" Page 2 of Federal grantor agency to avoid or mitigate adverse effects upon such properties. 11. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 12. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 13. It will comply, and all its contractors will comply, with the non- discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 14. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 15. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 16. It will comply with the provisions of the Coastal Barrier Resources Act (P.L 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. OJP Form 4000/3 (Rev. 7-00) https://grants.ojp.usdoj .gov:8004/gms ~ uscr/plsq1!llebg_ main. certifications _ assur -.part 1 ?p _ bgid=3 7/3/0 CERTIFICATIONS REGARl\.) LOBBYING; DEBARMENT, SUSPENSION AND OTW'..... RESPc.. Page 1 of ..J NOTE: You must click on the "Accept'~but1on at the_bottom of the Rage before closing this window U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro-curement) and Government-wide Requirements for Drug- Free \^brkplace (Grants)." The certifications shall be treated as a material representation offact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or a employee of a Member of Congress in connection with the making of any Federal grant, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. \M1ere the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. https://grants.ojp.usdoj .gov:8004/ gms _ LlS~r/p¡Sq lIlle bg_ main. certifications _assur -part2?p _ bgid=3 7/3/0 CERTIFICATIONS REGARl\..) LOBBYING; DEBARMENT, SUSPENSION AND OTHT''' RESPc.. Page 2 of .J 3. DRUG-FREE INORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no late than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction, Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington. D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. https://grants.ojp.usdoj.gov:8004/gms_llser/plsq IIllebg_ main.certifications _ assur J'art2?p _ bgid=3 7/3/0 CERTIFICATIONS REGARIl J LOBBYING; DEBARMENT, SUSPENSION AND OTH.7Y~RESPc.. Page 3 of ,-",. ...,I OJP Fonn 4061/7 (Rev. 7-00) https://grants.ojp.usdoj.gov:8004/gms_user/plsql/lIe bg_ main.certifications _ assur -part2?p _ bgid=3 7/3/0 Local Law Enforcement Bloc~mts - LLEBG Introduction Page 1 of ...; Application Award RFD Ciréint Chanqes Reports Correspondence 7).'/): Block ;rants Program FL Grant Handbook Assurances and Certifications Overview To the best of my knowledge and belief, all data in this application/preapplication is true and correct, the document has been duly authorized by the the applicant and the applicant will comply with the attached assurances if the assistance is awarded. CEO Information Program C onWct Infol1llatiol1 Your typed name, in lieu of your signature represents your legal binding acceptance of the terms of this application and your statement of the veracity of the representations made in this application. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the following: Certitìcations 8. waI9_ªnd :V1atch 1. Assu r J ~.; 2. I~e[!" a_o..çL l r ;arc,lgJ.Qº-b~Debarment Suspension and Other Responsibility Matters: ;'orkplace requirements. Submit Application Decline Funds Please make sure the following information is correct. Any changes made will automatically update the information entered previously elsewhere in the application process. Help/Frequently Asked Ouestions ',:¡( L s¡ acoepted awal:J for a different fiscal year Changing the Ii: ,:omaticaily upd¿i:e thiS information for all of your active LLEBG te ':UG<;nt this cha¡-ae 4 ,< ,.'~: ï; Log-Off .. .~.. Title Budget Analyst , Prefix ~s. II First Name Maria I Last Name IGorniewicz ! Address Line 1 12300 Virginia Ave. I Address Line 2 I I City Fort Pierce ! State FLORIDA Zip Code 1~4982 ¡ -15652 ¡ Need help for ZIP+4? Phone 15§lA6~.173 IFormat: 999~99-9999 Extension L__. --.J Fax 156}~462.211 ¡Format: 999~99-9999 E-mail g-~!niewm@stlucieco. ! í I have examined the information provided here regarding the signing authority and certify it is accurate. I am the signing authority, or have been delegated or designated formally as the signing authority by the appropriate official, to provide LLEBG H_lJ.ID~t:: https://grants.ojp.usdoj.gov:8004/gms_LIser/plsq lIlIe bg_main.certifications _assurance 7/3/0 Local Law Enforcement Blocl\...ll1ts - LLEBG Introduction Page 2 of .J the information requested throughout this application system on behalf of this jurisdiction to the Local Law Enforcement Block Grants Program. Information regarding the signing authority, or the delegation of such authority, has been placed in a file and is available on-site for immediate review. https://grants.ojp.usdoj .gov: 8004/ gms _ u:ier/p Isq I/lle bg_ main. certifications _assurance 7/3/0 \...t U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance ,.,; FY 2001 Local Law Enforcement Block Grants Program For fiscal year (FY) 2001, Congress has appropriated $523 million for the continuation of the Local Law En- forcement Block Grants (LLEBG) Program, to be ad- ministered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice. The purpose of the LLEBG Program is to provide funds to units oflocal govern- ment to underwrite projects to reduce crime and im- prove public safety. Program Eligibility and Distribution of Funds To be considered eligible for the LLEBG Program, a jurisdiction must be a general purpose unit of local gov- ernment. I The unit of local government must report, via its law enforcement agencies, to the Unifonn Crime Re- ports (VCR) Program of the Federal Bureau of Investi- gation (FBI). The LLEBG Program is a fonnula program based on a jurisdiction's number ofUCR Part I violent crimes re- ported to the FBI. The fonnula is computed in two stages. In the first stage, state allocations are proportionate to each state's average annual amount ofUCR Part I violent crimes compared with that for all other states for the 3 most recent calendar years of data fÌ'om the FBI. Each state, however, must receive a minimum award of 0.25 per- cent of the total amount available for fonnula distribution under the LLEBG Program. In the second stage, local awards are proportionate to each local jurisdiction's aver- age annual amount ofUCR Part I violent crimes compared with that for all other local jurisdictions in the state for the 3 most recent calendar years. Jurisdictions reporting crime rates above the fonnula-based threshold of $1 0,000 are eligible for direct awards. ~ The difference remaining between the state allocation and the local allocation total is awarded to a state ad- ministrative agency (SAA) designated by the Governor. The SAA has the option of distributing award funds to state police departments or units of local government not meeting the fonnula-based threshold of $10,000. Additional infonnation about this portion of the funds is available from each state's respective SAA. 4 Program Purpose Areas LLEBG Program funds must be spent in accordance with one or more of the following seven purpose areas: o Supporting law enforcement: · Hiring, training, and employing on a continuing basis new, additional law enforcement officers and necessary support personnel. · Paying overtime to currently employed law enforcement officers and necessary support personnel to increase the number of hours worked by such personnel. · Procuring equipment, technology, and other material directly related to basic law enforce- ment functions. o Enhancing security measures in and around schools and in and around other facilities or locations that the unit oflocal government considers special risks for incidents of crime. o Establishing or supporting drug courts. o Enhancing the adjudication of cases involving violent offenders, including cases involving violent juvenile offenders. . '-" ..., o Establishing a multijurisdictional task force, particularly in rural areas, composed oflaw en- forcement officials representing units of local government. This task force must work with federal law enforcement officials to prevent and control crime. o Establishing crime prevention programs involving cooperation between community residents and law enforcement personnel to control, detect, or investi- gate crime or to prosecute criminals. o Defraying the cost of indemnification insurance for law enforcement officers. Program Requirements The following requirements must be met prior to the obligation ofLLEBG Program funds and prior to the Request for Drawdown (RFD) of funds. The RFD must be completed within 90 days of the posting of awards, or the funds will be redistributed in the following fiscal year. o Advisory Board Each jurisdiction must establish or designate an advisory board to review the application. The board must be designated to make nonbinding recommendations for the proposed use of funds received under this program. The advisory board must include a member from each ofthe following local organizations: law enforcement agency, prosecutor's office, court system, school system, and a nonprofit group (e.g., educational, religious, community) active in crime prevention or drug-use prevention or treatment. o Public Hearing Each jurisdiction must hold at least one public hearing regarding the proposed use of funds prior to the obligation of funds. Jurisdictions should encour- age public attendance and participation. o Matching Funds In each jurisdiction, LLEBG funds may not exceed 90 percent of total program costs. Program partici- pation requires a cash match that will not be waived. All recipients must maintain records clearly showing the source, amount, and timing of all matching contributions. o Trust Fund Each jurisdiction must establish a trust fund that may accrue interest in which to deposit program funds. o Expenditure Period All federal funds, including interest, revenue, divi- dend, and match, must be spent witllln the 2-year expenditure period. Unspent funds must be returned to BJA witllln 90 days of program tennination. o Public Safety Officers' Health Benefits Provision Section 615 of the FY 1998 Appropriations Act requires a unit of local government to afford a public safety officer who retires or is separated from duty due to a personal line-aI-duty injury, suffered as a direct and proximate result of re- sponding to a hot pursuit or an emergency situa- tion, health benefits at the time of separation that are the same as or better than those he or she received while on duty. To be eligible to receive the entire amount of award under the LLEBG Program, a unit of local govern- ment must be in compliance with this provision. If not in compliance, the unit will forfeit 10 percent of the eligible amount. Further infonnation about this provision is provided on the LLEBG Internet-based application system, which may be accessed at www.ojp.usdoj.gov/BJAlhtml/llebgl.htm. Prohibition on Use of Funds « LLEBG funds are not to be used to purchase, lease, rent, or acquire tanks or armored vehicles, fixed-wing aircraft, limousines, real estate, yachts, or any vehicle not used primarily for law enforcement. Nor are funds to be used to retain individual consultants or construct new facilities. Likewise, federal funds are not to be used to supplant state or local funds. Rather, they are to be used to increase the amount of funds that would oth- erwise be available from state and local sources. Resolution of Funding Disparities The LLEBG Program provides resolution to potential funding disparities within jurisdictions. A state attorney general may certify that a disparity exists between or among jurisdictions. Those jurisdictions are then re- quired by statute to develop and submit joint applica- tions. BJA's role is limited to accepting state attorney general certifications and reviewing jointly submitted applications. If the state attorney general chooses not to become involved in the disparate allocation certification process, there is no mechanism for BJA to intervene. All certifications must be submitted within given dead- lines, prior to BJA detennination of annual award amounts. 2 v ...." The LLEBG Program employs two criteria for deter- mining eligibility for disparity certification. First, an associated municipality's eligible funding amount must be greater (by set percentages) than the funding amount of the county. Second, the county must bear more than 50 percent of prosecution or incarceration costs arising from Part I violent crimes reported by an associated municipality. If there are multiple associated munici- palities, the county mllst also show that the funding al- locations to those municipalities is likely to threaten the efficient administration of justice. FY 2001 Application Process The FY 2001 application and award processes will be administered via the Internet-based Grants Management System. Application deadlines and other LLEBG Pro- gram dates will be established in accordance with sys- tem development efforts and will be posted on the BJA Web site. The application process will consist of the following steps: 1. BJA will notify units of government of their eligibility and provide information on the Internet- based application system for the FY 2001 LLEBG Program. 2. State attorneys general will submit disparity certifications to BJA, if applicable. 3. As required by statute, chief executive officers (CEOs) will submit a copy ofthe application to the Governor or designated representative. 4. CEOs will submit FY 2001 LLEBG applications via the Internet. Visit the BJA Web site for addi- tional guidance regarding the online submission of applications. 5. BJA will make awards on a rolling basis, with all FY 2001 awards completed by September 28, 200 I. Technical Assistance For a complete listing oftechnical assistance available under the LLEBG Program, visit www.ojp.usdoj.gov/ BJAlhtml/llta.htm. For Further Information To find out more about the Local Law Enforcement Block Grants Program or BJA's technical assistance ini- tiatives, contact the following offices: Bureau of Justice Assistance State and Local Assistance Division 810 Seventh Street NW. Washington, DC 20531 202-305-2088 Fax: 202-514-5956 World Wide Web: www.ojp.usdoj.gov/BJA Bureau of Justice Assistance Clearinghouse P.O. Box 6000 Rockville, MD 20849--6000 1-800-688-4252 World Wide Web: www.ncjrs.org Clearinghouse staff are available Monday through Fri- day, 8:30 a.m. to 7 p.m. eastern time. Ask to be placed on the BJA mailing list. U.S. Department of Justice Response Center 1-800-421--6770 or 202-307-1480 4 , Response Center staff are available Monday through Friday, 9 a.m. to 5 p.m. eastern time. ~ f Notes 1. Units oflocal government are counties, towns and townships, villages, cities, parishes, Indian tribes, Alaska Native villages, and parish sheriffs (in the state of Louisiana) that carry out substantial governmental duties. FS 000268 May 200 I 3 "" U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance FIRST-CLASS MAIL POSTAGE & FEES PAID DOJ/BJA PERMIT NO. G-91 Washington, DC 20531 Official Business Penalty for Private Use $300 . FY 2001 Local Law Enforcement Block Grants Program Fact Sheet . ~ BJA World Wide Web Address For a copy of this document online, as well as more information on BjA, check the BjA Home Page at www.ojp.usdoj.gov/BjA '" ~ AGENDA REQUEST ITEM t...J C·Bb DATE: July 10, 2001 REGULAR [] PUBLIC HEARING [ ] CONSENT [ X ] ~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Request for authorization to submit the State Criminal Alien Grant application on behalf of the St.Lucie County Sheriff's Office 4 BACKGROUND: St. Lucie County Sheriffs Office has filled out an electronic application to participate in the FY2001 State Criminal Alien Assistance Program (SCAAP) offered annually by the US Department of Justice, Bureau of Justice Assistance. SCAAP is a retroactive reimbursement grant to localities that had to incarcerate undocumented criminal aliens. The actual allocation will be calculated by USDOJ/BJA based on the number of detained aliens in the past fiscal year. FUNDS WILL BE AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve electronic submission of the FY2001 State Criminal Alien Grant application, and authorize the County Administrator to sign the application. COMMISSION ACTION: CONCURRENCE: [X] APPROVED [] DENIED [ ] OTHER: Doug Anderson County Administrator County Attorney: XX ßr' Coordination/S ianatures Management & Budget: ~UI!J~ Purchasing: Public Works: Other: Originating Dept: Finance: (Check for Copy only, if applicable) XX G:\BUDGE1ìWPlAGENDA'SlAgendaO 1 \7'IOSCAAP _Grant wpd \.i -wi MEMORANDUM TO: Mika Gorniewicz, Budget Analyst St. Lucie County Management & Budget Department Chi,fD'puty G.rry wn,V July 2, 2001 FROM: DATE: SUBJECT: St. Lucie County Commission Consent Agenda Request for the July 10, 2001, 9:00 a.m. Meeting - Request to apply for Office of Justice Programs/Bureau of Justice Assistance State Criminal Alien Assistance Program. NUMBER: 01.07.01 The Saint Lucie County Sheriff's Office is requesting permission to apply for a Department of Justice 2001 State Criminal Alien Assistance Program grant (S.CAAP.). In conjunction with the immigration and Naturalization Service (INS), S.CAAP provides federal assistance to localities that are incurring costs of incarcerating undocumented criminal aliens who have bee convicted of state and local offenses. Once our application is approved, St. Lucie County will be the applicant jurisdiction and St. Lucie County Sheriff's Office will be the submitting agency. Our Department of Detention, Classification Unit Supervisor, Sergeant Jeff Cerratto, will function as the Project Officer for inmate records and facility information. In conjunction with our Comptroller, Henry Walker, the Director of the Department of Detention, Major Lillie Miller, will function as the Project Officer managing and monitoring S.CAAP. fund expenditures. The Sheriff's Office intends to maintain the A New Direction Program and the Bridge to Recovery Program by applying the S.CAAP. payment toward the Sheriff's Office program cost. The amount of the S.CAAP. payment will be determined at the conclusion of the application process. No matching funds are necessary. Our Grant Administrator, William R. Simon, will function as the Primary Point of Contact for our agency with the DOJ/BJA Office. It is our understanding that Mika Gorniewicz will function as the Jurisdiction Contact between the County and the BJA Office. Prompt attention to this matter will assure our meeting the submission deadlines. If you have any questions, please contact Mr. Simon at 462-3359 (office) or 489-5660 #108 (pager). wrs cc: Major Roy Hudson, Director of Law Enforcement Major Tom McInerney, Director of Administration Captain Mike Graves Captain Steve Reuther Mr. Henry Walker, Comptroller Grants Management Handboo\.,.., Page 1 of ....,/ '3m He .'Iepage - Status All programs you are currently participating in are listed below. To reduce the size of program listing, choose from the following criteria and press the Refresh button. Fundinq Opportunities 11 - Profile Year'-~~___. _JËÍ SOlicitationl~~__~____ Chanqe Password Office of Justice Programs has many other funding opportunities that you may be eligible for. To these opportunities or to start a new application click on Fundinq Opportunities. Log Off State Criminal Alien Assistance Program Year Application Status Correspondence Action No. 2000- 4 messaaes 2000 F0028-Fl: . Application submitted and lasl AP updated on 07.JUN-2000 Com Dose messaae ~_OO1- No messages 2001 F0360-FL- . Application submitted and last AP updated on 26.JUN-2001 Comoose messaae 4 Help/Frequentlv Asked Questions AUTHORIZATION TO SUBMIT ELECTRONIC GRANT APPLICATION: DOUGLAS H. ANDERSON COUNTY ADMINISTRATOR DATE https:llgrants.ojp.usdoj.gov/servletr/GMSExtStatus 7/310 Office of Justice Programs - S\....- \P SCAAP FAQ Exit SCAAP Page 1 of ..J II OMS Number: 112H)243 Expires: 0212912004 c:mœ'ftJIlISlœ~ Bureau of Justice Assistance Application Form State Criminal Alien Assistance Pro ram (SCAAP All information submitted regarding the jurisdiction's facility or facilities that have housed criminal aliens or aliens of unknown legal status for the reporting period reflected in this application for SCAAP funding must be accurate and must not contain any fraudulent or misleading information. All data can be verified on-site or upon request in a file that is ready to be audited. Please understand that the submission of information later found to be inaccurate, misleading or fraudulent will jeopardize this year's and subsequent years' funding under the SCAAP program. The following information for Fiscal Year 2001 SCAAP must reflect your correctional facility(ies) information for the reporting period of July 1,1999 to June 30,2000. . Correctional Officer Information: Use decimal values if needed to express full or partial full-time equivalents (FTE). Please report the maximum number of permanent full-time correctional officers your facility(ies) has employed during the reporting period: @]] @]] @]] @]] @]] ~O Please report the maximum number of permanent part-time correctional officers your facility(ies) has employed during the reporting period: Please report the maximum number of contracted full-time correctional officers your facility(ies) has employed during the reporting period: Please report the maximum number of contracted part-time correctional officers your facility(ies) has employed during the reporting period: Total number of correctional officers your facility(ies) has employed during the reporting period: (calculated from above) Please sum the earnings of all the above correctional officers here. This is the total salary cost (not including benefits or overtime) for the period. Please omit any commas: Facility(ies) Information Total bed count for correctional facility(ies): I§:] Total number of days for ALL inmates (legal aliens, illegal aliens, unknowns and U.S. citizens) housed in your facility(ies) for the reporting period: I§:] C1DÞ .... https:llgrants.ojp.usdoj.gov/scaap/ScaapFacility .j sp 7/2/0 . SCAAP Program Purpose and Backgrol' ' "-' . Program Purpose and Backgrourr'd The State Criminal Alien Assistance Program (SCAAP) is administered by the Bureau of Justice Assistance (BJA), Office of Justice Programs (OJP), United States Department of Justice (DOJ), in conjunction with the Immigration and Naturalization Service (INS). SCAAP provides Federal assistance to States and localities that are incurring costs of incarcerating undocumented criminal aliens who have been accused or convicted of State and local offenses. SCAAP is authorized by Section 241 of the Immigration and Nationality Act of 1990, as amended, 8 U.S.C. Part 1231(i). Section 241 gives the Attorney General the discretion, in the event of an appropriation, to either assist States and localities with costs incurred in incarcerating qualifying criminal aliens or take such aliens into Federal custody. The Attorney General has exercised his discretion to use the financial assistance option by delegating program implementation authority through the OJP Assistant Attorney General to BJA. BJA is a criminal justice grant-making and administrative agency; SCAAP is a program that provides financial assistance only. Please note that SCAAP is a payment program, not a reimbursement or entitlement program. Due to the constructive feedback from applicants, Congress, and other supportive DOJ agencies, there have been several major changes in FY 2001 SCAAP dating from Fiscal Year (FY)2000. FY 2001 SCAAP SCAAP FY 2001 is managed entirely through the Internet-based, web-designed system. Applicants provide applicant, inmate, and facility data for a specified period during the fonnal application period. Once that application period closes, data are reviewed by BJA and INS. Approved data are processed by fonnula to determine an applicant's relative percentage of total SCAAP funding for that fiscal year. Therefore, as the formula is used to detennine relative amounts of funding for individual applicants, application must be made during the formal application period. If the application period is missed, data for that year may not be submitted during a subsequent application period. The reporting period for FY 2001 is July 1, 1999 to June 30, 2000. SCAAP Data FY 2001 SCAAP payment amounts will be detennined by fixed fonnula using a data set that has been refined from previous years based on BJA and other DOJ agencies' experience with the program. FY 2001 is both streamlined in regard to the application/payment systems, and payment amounts are detennined using actual empirical data without any "data averaging" or "one-day sampling" techniques. The enhanced data processing capabilities of the new Internet-system allow for effective and efficient management of high volumes of empirical data through the formula process as well as ensure that payments will move into applicant accounts in less than three months from the opening of the FY 200 I SCAAP application period, provided applicants take actions as indicated. SCAAP Program Purpose and Backgrol' ' '-' .., Applicants will see several on-screen certifications that not only ask them to ensure the accuracy of the data and the presence of a file on-site that supports their on-screen data entries, but also that asks them to certify that they understand that the submission of fraudulent and/or misleading data will affect SCAAP funding to that jurisdiction. The FY 2001 application asks for the following types of data: Applicant: Data about each applying jurisdiction and individual contact information. Facility: Data about the total number of inmate beds; total inmate days for all inmates housed during the reporting period, including United States citizens, legal aliens, illegal aliens and individuals of unknown immigrant status; and the aggregate correctional officer salary costs, excluding benefits. Inmate: Inmate data continues to include the A-Number if assigned; last, middle and first name; date of birth; foreign country of birth; unique inmate number assigned by the applicant; date taken into custody and date released from custody, or the last day of the reporting period if the inmate is still in custody at the end of the reporting period. If an FBI number is known, that can be provided. 4 Inmate Data FY 2000 was a critical transition year for the SCAAP program. Applicants transitioned from scannable forms and disk modes of data transmission used in prior years to the new Internet-based, web-designed SCAAP system. In FY 2000 applicants were permitted to submit inmate data using their own formats as long as data dictionaries were also submitted. However, the FY 2000 system clearly established the standard inmate reporting format for all subsequent submissions of inmate data beginning in FY 2001. The provision of two options for inmate data formats has required additional resources be expended as data submitted in applicants' individualized formats requires specialized handling external to the new system. This duplication of services is eliminated in FY 2001. Beginning in FY 2001, the SCAAP process requires that all data be submitted in the SCAAP system format. Applicants will continue to have the option to submit data via direct entry or by upload as long as the standard format and data definitions are followed. In prior years, applicants were asked to provide actual felony or misdemeanor coding. For FY 2001, applicants must certify to the fact that either one felony or two misdemeanors have been committed by each inmate whose record is being provided for SCAAP funding purposes, and that this information is maintained at their site in a file that can be audited. file:///CI/Documents%20and%20Settings/kmatthews...p/Department%200f%20Justice/ScaapOverview2.html (2 of 3) [5/17/2001 5:01 :08 PM] SCAAP Program Purpose and Backgre' , ""' -...J Facility Data Cost data are gathered in the Facility section of the application and this data field represents another example of the streamlining of the SCAAP processing of data to determine applicants' relative percentages of available funding. Instead of burdening applicants with the submission of numerous allowable cost categories, as in past years, FY 2001 narrows considered costs to one aggregated salary cost element: Salary costs, excluding benefits, for all correctional officers (part-time and full-time) in a facility used to incarcerate the illegal aliens reported in the application. As aggregate salary costs for correctional officers will be common to all applicants and as this data element tends to account for the majority of costs that have been considered in the past, this streamlining of the cost data will serve applicants' interests equally. To avoid unnecessary applicant confusion, BJA has consulted with various DOJ agencies in refining the data elements, including relying on the Bureau of Justice Statistics for a reasonable definition of correctional officer. SCAAP Payments Individual SCAAP payment amounts are determined once all data have been reviewed and approved by BJA and INS. Data are then processed using a formula to determine an individual applicant's relative percentage of the total available funding, and then that percentage is expressed in a dollar amount. Applicants will receive e-mail notification that payments are ready to be accepted. Formal acceptance of the payment on-line is necessary for funds to be electronically transferred into the applicant account. If account information has not been provided to OJP previously, the applicants are required to provide this information during the payment acceptance process. Office of Justice Programs - S\....., \P Page 1 of SCAAP FAQ "'" II OMS Number: 1121ú243 Expires: 02/29/2004 Bureau of Justice Assistance Application Form State Criminal Alien Assistance Pro ram (SCAAP raI.llD (fjJll!:EßtD~ Exit SCAAP Application Number: 2001-F0360-FL-AP VVelcome to the SCAAP on-line application process for Fiscal Year 2001. To navigate throughout the application system, click on the tabs above. The save button below only saves the data entered, it does not advance yo~ to the next tab. Please click here to view or download an overview of the program. If your browser is unable to open the download file, click here to get the required viewer software plugn. The SCAAP program is designed to provide federal assistance to states and units of general government (counties, cities, etc.) for costs related to incarcerating undocumented criminal aliens (refer to the "Inmate" tab for criteria). Applications must be completed by the Chief Executive Officer (CEO) of the state or unit of local government or his/her official designee. The application must be completed by an official employee of the applicant juridiction and this person must have the authority to bind the jurisdiction to the assurances and certifications associated with the SCAAP program. Implementing agencies (sheriff's department, police department, correctional facilities) are NOT considered direct applicants, but may be designated by the CEO to make an application on behalf of the state or unit of general government. VVardens, Police Chiefs, Sheriffs, Fiscal Directors, etc. may not be listed as the CEO of any jurisdiction on the User Account or Application. Any User Accounts or Applications that list an incorrect CEO will not be considered. Payments will be made electronically ONLY to the general fund of the state or unit of local government. Public Reporting Burden Paperwork Reduction Act Notice. Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. VVe try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. The estimated average time to complete and file this application is 30 minutes per application. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the Bureau of Justice Assistance, 810 7th Street, NW, VVashington, DC 20531. Applicant/Organization Information Level Of Government: County Jurisdiction: St. Lucie County Submitting Agency: St Lucie County Sheriff Office Please enter the CEO information for your jurisdiction below. Remember, this is the CEO of the level of government, not the implementing agency. (Note: Hit the TAB key tlNice to move from one entry field to the next) CEO Of Your Jurisdiction: Governor, Cabinet-level State Official, County Administrator, County Judge, Coun Comissioner, Mayor, or City Manager Prefix: Mr. · First Name: IDouglas M. · La~Jtame : I ---' https:llgrants.ojp.usdoj . gov /scaap/ScaapApplicant.j sp 7/2/0 Office of Justice Programs - S\..,..,\P ctmÞ Anderson · Title: County Administrator . Street Address: 12300 Virginia Ave. · City: ¡Fort Pierce · State: I Florida · ZlR: 349821~5652 I · Phone: d~) 1462 :~1450 I Phone Ext: I Fax: (ê§TI) ~~2131 · Email: gorniewm@stlucieco.gov I -----1 . . - Indicates required field https:/ 1 grants. ojp. usdoj . gov Iscaap/ScaapApplìcant.j sp Page 2 of >J ..... 7/2/0 Office of Justice Programs - \....- AP SCAAP FAQ Exit SCAAP r:llllD rdJlJIØll.Ð~ Page 1 of 'wi II OMB Number: 1121C243 Expires: 02129/2004 Bureau of Justice Assistance Application Form State Criminal Alien Assistance Pro ram (SCAAP ~ Alternate Contact Information (Note: Hit the TAB key twice to move from one entry field to the next) Prefix: IMrs. !If · First Name: IMaria r . Last Name: Gornìewicz · Title: ¡Budget Analyst · Street Address: 12300 Virginia Ave . Çjty.: 1Ft Pierce · State: I Florida li · ZW: 1349821~5652 I · Phone: (ffi§]]) 1462 !~1733 I Phone Ext: I I Fax: (@§}]~~21171 · Email: Igorniewm@stlucìeco.gov https:llgrants.ojp.usdoj .gov Iscaap/ScaapContact.j sp ....... 7/2/0 Office of Justice Programs - Sl" \P SCAAP FAQ Exit SCAAP Page 1 of "'-" &llWr:tJllISllø~ OMS Number. 1121'()243 Expires: 02129/2004 Bureau of Justice Assistance Application Form State Criminal Alien Assistance Pro ram (SCAAP Each inmate file included with this application (both entered and uploaded) is certified to represent an undocumented criminal alien or alien of unknown legal status who has been accused or convicted of at least one felony or two misdemeanors and has been incarcerated during the reporting period for the exact days reported. The submitted data is accurate and does not contain any fraudulent or misleading data. All data can be verified on-site or upon request in a file that is ready to be audited. Please understand that the submission of data later found to be fraudulent, misleading or inaccurate will jeopardize this year's and subsequent years' funding under the SCAAP program. The SCAAP on-line application process for Fiscal Year 2001 allows potential applicants to submit inmate data to BJA using a prescribed on-screen format for data entry or via a database upload function using the standard format established in FY 2000. The on-line system allows applicants to download the prescribed on-screen template for inmate file uploads. The ability to upload databases using a non- standard format is not permitted. Applicants may only count alien inmates that were housed in their correctional facilities for at least 72 consecutive hours during the reporting period of July 1, 1999 through June 30, 2000. Applicants are allowed to submit multiple records for inmates incarcerated more than once during the reporting period, but for accurate reporting, please ensure that the separate incarceration dates for the same individual do not overlap. You may only submit data for inmates you can document as having been accused or convicted of at least one felony or two misdemeanor offenses. In order to correctly enter inmate data, please remember that SCAAP requires the following information: · INS A-Number · Inmate First, Middle and Last Name · Inmate Date of Birth · Inmate Foreign Country of Birth. Click here for a listing of INS country codes · Uniaue Inmate Number · Dates Inmate was Taken Into and Released From Custody The following are optional fields: · FBI Number Applicants have two choices in which to submit the inmate data for their correctional facility (ies): 1. File Upload: The file upload function allows applicants to submit their inmate database files directly to BJA. All inmate data fields must be converted to ASCII format. File uploads must use the inmate template format provided by BJA. The template is located at the bottom of your screen if you do not already have it. If your jurisdiction does not use the INS foreign country code of birth scheme, then it is necessary for your jurisdiction to also upload a country code dictionary. Click here for standard INS country codes. File uploads that are not in the required BJA format will be considered incomplete and not eligible for funding under FY2001 SCAAP. Individual inmate records that are missing data in any of the required data fields or that have data https:llgrants.ojp.usdoj . gov Iscaap/ScaapInmate.j sp 7/2/0 Office of Justice Programs - S,. . AP \..t Page 2 of ....I that is not in the required BJA format will not be eligible for funding. All required data fields must contain data that Is in the correct format. BJA will make every effort to assist applicants by returning files that are missing data or are not in the correct format. Applicants that fail to resubmit any corrected inmate files by the deadline, established by BJA, will have their payment calculated based on only those records with complete data that are in the required format. Please follow the steps below to upload your jurisdiction's files: o Step 1: Click on the "File Upload" radio button. o Step 2: Click on the "Upload" box to attach your file. A pop-up window will appear. o Step 3: Click on the "Browse button in the pop-up window. o Step 4: Find your file name and double click on it. The file name will appear in the blank field. o Step 5: Click the save button and a message will appear in the popup window, telling you the status of your upload. Click the "X" in the upper right comer of the pop-up box in order to close it. Click the save button on this page. Your inmate file name will now appear next to the upload button. o Step 6: If the country of birth codes used in the inmate files is not in the standard INS format, follow the same steps to upload a country of birth code data dictionary. o Step 7: Click on the "Facility" tab above to continue on to the next phase of the application process. 2. Data Entered: This function allows jurisdictions to manually enter inmate data using the template provided by BJA. This format allows applicants to enter all of the mandatory data fields required for inmate records to be considered for funding under SCAAP. o Step 1: Click on the "Data Entered" radio button. o Step 2: Click one of the four corresponding boxes. "Add" to add inmate data, "Select All" to select all inmate records entered, "Un-Select All" to un-select all inmate records entered, and "Delete Selected" to delete all selected inmate records. Inmate Information How will inmate information be entered? (" File Uploaded r- Data Entered .... X Name (Last, First) Unique Inmate ID Date Incarcerated 1 Inmates Entered Date Released r Garcia. Adel 200000002874 03/1912000 07/2712000 cmIÞ 4IIIUDÞ https://grants.ojp.usdoj . gov / scaap/Scaaplnmate.j sp 7/2/0 ..... AGENDA REQUEST JTE~. C-8c DATE: July 10, 2001 REGULAR [ PUBLIC HEARING CONSENT [X ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Budget Resolution 01-170 for the $220,000 Airport Taxiway "A" Extension Grant awarded by the Florida Dept. of Transportation (FDOT). . BACKGROUND: N/A FUNDS WILL BE AVAILABLE: 140317-4220-334411-400 FDOT Airport Taxiway "A" Grant PREVIOUS ACTION: On June 5, 2001 the Board accepted the Airport Taxiway "A" Grant. Grant Accounting Form has been processed on June 28, 2001. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution # 01-170 to appropriate and expend funds from the FDOT Airport Taxiway "A" Extension Grant. COMMISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: RENCE: Doug Anderson County Administrator County Attorney: XX ~. Coordination/Sianatures Management & Budget: XX n Vi~purChaSing: ~' Public Works: Other: Originating Dept: Finance: (Check for Copy only, if applicable) XX G;\BUDGE1ì WPIAGENDA'SIAgendaO 1 \7'1 OAirpTax _grant. wpd '-' RESOLUTION NO. 01-170 ....J WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation in form of a $220,000 grant for the Taxiway "Aft Extension Grant. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 10th day of July, 2001, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2000-01, and the County's budget is hereby amended as follows: REVENUES 140317-4220-334411-48003 FDOT - Transportation $220,000 4 APPROPRIATIONS . 140317-4220-563000-48003 Improvements orr Buildings $220,000 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 10TH DAY OF JULY, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\BUDGETI WP\AGENDA'S\AgendaO 1 \7'1 OAirpTax _grant.wpd '-' ...." FORM 725-030-00 PUBLIC TRANS? ADMIN 07/00 ?a9" 1 of 12 STATE OF FLORIDA DEPARTMENT OF ìRANSPORTATlON PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: Fund: DS FLAIR Approp: 088719 411099-1-94-01 (Item-segment-phase-sequence) Function: 637 FLAIR Obj.: 750004 Org. Code: 55042010428 Contract No: Federal No: N/A Vendor No: VF 596000835030 Catalog of Federal Domestic Assistance Number: N/A Catalog of State Financial Assistance Number: 55004 .. . . . THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, t hereinafter referred to as the Department, and S1. Lucie County Board of County Commissioners hereinafter referred to as the AGENCY. WIT N ESE T H: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6) , Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follO'NS: 1.00 Purpose of Agreement The purpose of this Agreement is to Construct Taxiway "A" Extension. and as further described in Exhibit(s) A. B. C & F attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. '-" ....,J FORM 725-030-06 PUBLIC TRANSP ADMIN 07100 P8Qe 2 0112 2.00 Accomplishment of the Project 2.1 0 ~neral RequirélTlents: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or cany out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project . 2.4(J Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attåched hereto and by this reference made a part hereof. . 3.00 Project Cost The total estimated cost of the project is $ 275.000.00 . This amount is based upon the estimate summañzed in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 220.000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. I 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all othertenns ofthis Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding (isHis not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (i6} (is not) applicable. If applicable, NfA percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed. at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, cany out the project and shall incur obligations against and make disbursements of project funds only in confonnity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. '-' .....J FORM 72~ P\J8UC TRANSP ADMIN 07/00 Page 3 of 12 6.20 Payment Provisions: Unless othelWise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish forthe project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project The Agency shall appropriately record in the project t account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or othefWÌse received on account of the project, which Department payments and other funds are herein collectively referred to as ·project funds". The Agency'shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7,40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by proper1y executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to arr¡ item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: 1. All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number, and year, and name of the federal agency. State grant and aid funded grants are to be identified with the Financial Project Number (FPN) and contract number. 2. Audits shall be conducted under the guidelines of A-133, Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be submitted within the ear1ier of 30 days after the receipt of the auditor's report, or 9 months after the end of the subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting package, and data collection fonn. '-' .....; FORM 725-03C-œ PUBLIC TRANSP ADMIN 07/00 Poçe 4 of 12 4. The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. 5. Project records shall be retained and available for at least three years after the final payment. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection forms shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 . and the District Public Transportation Office identified in paragraph 8.10 of this agreement. . Reports of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600 Rules of the Auditor General shall be sent to: State of Florida Auditor General P.O. Box 1735 Tallahassee, FL 32302-1735 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit uC·. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four, Public Transportation Office 3400 W. Commercial Blvd. Ft. lauderdale, Rorida, 33309 its requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. '-' 'wi FORM 72s.o:1O-06 PUBLIC TRANSP ADMIN 07/00 Page 5 of 12 (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data fumished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the perfonnance by the Agency of any of its duties or obligätions"which may jeopardize or adversely affect the project, the Agreemern, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been detennined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): AI1y federal agency providing federal financial assistance to the project suspends or tenninates federal financial assistance to the project. In the event of suspension or tennination of federal financial assistance, the Agency will reimburse the Department for aU disallowed costs. 8.30 Disallowed Costs: In detennining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project. and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting fiom an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department . 9.00 Termination or SuspensIon of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. '-" ,..." FORM 725-030-06 PUBLIC TRANSP ADMIN 07100 Page 6 of 12 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) fumish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to fumish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing 4 out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Dé'partn1ent reserves the right to unilaterally cancel this Agreement for refus;;1 by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement 10.00 Remission of Project Account Upon Completion of Project Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. · 11.00 Audit and Inspection: The Agency shan permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 12.20 Compliance with Consultants' Competitive Negotiation Act It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attomey shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. '-' ....I FORM 72s.œo-oo PUBLIC ffiANSP ADMIN 07100 Page 7 of 12 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be 4 limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development òr operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or mw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal govemment issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: . "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest. direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. '-' -...I FORM 7<5-Q30-Q6 PUBLIC TRANSP ADMIN 07100 POQe 8 of 12 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certifICation by the Agency that the project \Mil be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Deparbnent Not Obligated to Third Parties: The Department shall not be obligated orliable hereunder to any party other than the Agency. 4 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on ttié part' of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any Other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, condud physical inventories and develop control systems as required by 49 CFR Part f8, when applicable. 14.80 Disposal of Project Facilities or Equipment If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim. loss, damage, cost, charge, or '-" ...,¡ FORM 7=c-œ PUBLIC TRANS? ADMIN 07/00 Paqe 9 of 12 expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, ornegligentact by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be ex6Cu'tory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. (b) It is unlawful for the Bòard of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court In this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notiœ of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) wof1(ing days and will jointly discuss options in defending the claim. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shail submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and 'Nill issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Departmenrs satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shail be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commi1rnent: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall nat expend money, incur any liability, or enter into any contract which, by its "-' """ FORM 72S-O:JO.œ PUBLIC TRANSP ADMIN 07/00 Page 10 0112 terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement The Agency agrees to complete the project on or before June 20.2003 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District . Four . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Finallnvoice:'The Agency must submit the final invoice on this project to the Departmel)t within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. . 19.00 Agreement Format All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for innuencing or attempting to innuence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement If any funds other than federal appropriated funds have been paid by the Agency to any person for innuencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature ora state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and selVices to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The '-' ....¡ FORM 725-03C-œ PUBLIC TRANSP ADMIN 07/00 Page 11 0(12 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days atter receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies attera 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment Invoices which have to be retumed to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. . 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a)"A person or affiliate who has been placed on the convicted vendor list following a conviction fora public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." '-' ,..", FORM 725-030.06 PUBLIC lRANSP ADMIN 07100 Pag. 12 of 12 Financial Project No. 411099-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY Sl Lucie County Board of County Commissioners BY: ,"11 TITLE: i ,. , I, ¡., !'I, , " " ..:-.-). ... , I/i ./ /1/' . { TITtA/ p1 Lfh C:¡¿~J!-.. ~ / / ( ! " ,. .' . . \ , -',.:,.,~ ..""'I.-.:..,.~ ~ . k;~,,,t:l.""'" Lr... I~í\./ APPROVE~ TO FORM, LEGALITY ' FOOT COMPTROLLER FUNDING APPROVAL DATE: ATTORNEY DEPARTMENT OF TRANSPORTATION DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS ATTEST: TITLE: (SEAL) \w ...,,; Fin. Proj. No.: 411099-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners PROJECT LOCATION: St. Lucie County Intemational Airport PROJECT DESCRIPTION: Construct Taxiway "A" Extension SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A '-" EXHIBIT "B" PROJECT BUDGET 'WI Fin. Proj. No.: 411099-1-94-01 Contract No.: Agreement Date: This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners I. TOTAL PROJECT COST: $275,000 II. PARTICIPATION: Federal Partiäpation: FAA, FTA, UMTA, etc. Agency Participation: In-Kind Cash Other Maximum Department Participation: Primary (OS) (DOR) (DIM) (PORl) Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (Dl) III. TOTAL PROJECT COST: 0.00010 20.00% 80.00% $0 $0 $55,000 $0 $220,000 $0 $0 $275,000 '-" ....I Exhib~ C Page 1 01 2 Fin. Proj. No.: 411099-1-94-01 Contract No.: Agreement Date: EXHIBIT "cn (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners Documents required to be submitted to the department by the Agency in accordance with the terms of this agreement. SUBMITT AUCERTIFICATION BASIS FOR ACCEPTANCE Consultant Sel~tion Compliance Design Submittal* 100% Plans, Specifications and Contract Documents, signed and sealed by Registered Professional Engineer Agency Attorney's Certification Engineer Certification'" Construction/Procurement Department letter Safety Compliance (a) Department Review (b) Agency Certification Release for Notice to Proceed Department letter Agency Certification Agency Certification Annual Audit Reports Completion Per Specifications * Plans, Specifications, Engineering Report One (1) Full Size set and (1) 11x17 set to be sent directly to: Rebecca L. Rivett Aviation Specialist Public Transportation Office, D4 3400 W~t Commercial Boulevard Fort lauderdale, FL 33309-3421 ... Criteria for development and certification of plans, specifications, and contract documents is defined in the DESIGN DEVELOPMENT CRITERIA Section of this Exhibit '-" ~ Exhibit C Page 2 of 2 Fin. Proj. No.: 411099-1-94-01 Contract No.: Agreement Date: DESIGN DEVELOPMENT CRITERIA The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project are hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in the Joint Participation Agreement, Section 1.00, "Purpose of Agreement", and Exhibit "A" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in.!=omp[iance with the applicable requirements of these standards. · Federal Aviation Administration Regulations and Advisory Circulars · Florida Department of Transportation Standards of Design for General Aviation Projects . · State of Florida Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways · State of Florida Manual on Uniform Traffic Control Devices · State of Florida Roadway and Traffic Design Standards Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. Note: The current version(s) or edition(s) as of the execution date of the Engineering Agreement for the design of the project. '-' ...J FP No.: 411099-1-94-01 Contract No.: Agreement Date: EXHIBIT "F" SPECIAL AIRPORT ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and S1. Lucie County Board of County Commissioners I. GENERAL a. These assurances shall be complied with in the performance of master planning, land acquisition, economic development or capital improvement projects which contain NO federal funds. .. . b. Upon acceptance of this Joint Participation Agreement by the sponsor, these' assurances are incorporated in and become a part thereof. II. DURATION The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for any airport development project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant agreement utilizing state funds for the project However, there shall be no limit on the duration of the assurances with respect to real property acquired with project funds. III. SPONSOR CERTIFICATION The sponsor hereby assures and certifies, with respect to this grant: a. It has sufficient funds available for that portion of the project costs not paid for by the State. It has sufficient funds avaílable to assure operation and maintenance of items it will own or control funded under the grant agreement. b. It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department, that good title will be acquired. c. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the Federal Airport and A:Jrway Improvement Act of 1982, or successive legislation; the regulations and the terms, conditions and assurances in the grant agreement; and shall ensure that such arrangement also requires compliance therewith. \.,.- ....I d. It will adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting, or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. e. It will make its airport available as an airport for public use on fair and reasonable terms. f. It will permit no exclusive rights for the use of the airport by any persons providing, or intending to provide aeronautical services to the public. g. All revenues generated by the airport will be expended by it for the capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the owner or operator of the airport and directly related to the actual aerial transportation of passengers or property. h. Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; !:Ind (3) the location of all existing improvements thereon. I , , .... ~ "" ...., AGENDA REQUEST ITEM NO. C~1 DATE: July 10, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel, Director SUBMITTED BYCDEPT): Information Technology SUBJECT: Approve Master Lease Agreement with Government Capital Corporation and an agreement with Howard Computers. The Personal Computer Replenishment Program will start upon the board approval of the lease and be in place over a four year period. BACKGROUND: The Selection Committee evaluated proposals from the various vendors who responded to the county RFQ and has selected Howard Computers as the vendor of choice. There are reference letters from IRCC, Courts Administration and the State Attorney recommending Howard Computers. The PC Replenishment Program was submitted to the Citizens Budget Committee. Information Technology will be responsible for coordinating the personal computer resources and schedules for replacement units according to the mutually agreed upon leased services. All personal computers and the operating system software currently utilized by the county are covered by this agreement. FUNDS AVAIL: $103,050.00. The funds are available in the General Fund, FY02 budget. The total costs are PREVIOUS ACTION: Board of County Commissioners previously approved Item C-12 at the March ~ 7, 2001 Board meeting for personal computer and server replenishment program and authorized staff to negotiate and bring back an agreement ofthe Boards consideration. The need for this item was presented . to the Citizens Budget Committee as part of the FY02 Critical Needs and a presentation of the PC Replenishment Program was given to the Committee by the Information Technology Department. RECOMMENDATION: Staff recommends the Board of County Commissioners approve staff to enter into a Master Lease Agreementwith Government Capital Corporation and an agreement with Howard Computers to acquire equipment under the attached terms and conditions outlined in the agreement. Subject to Bond Counsel and County Attorney approval. [2J APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attorney: ():r: Orig;'o"" Dop' .c:;:7/ ~ Review and ADDrovals Management & BUd9~ Other: Purchasing: Other: ..., ITEM NO. C12 AGENDA REOUEST DATE: March 27, 2001 REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Phill Brodeur Assistant Director SUBMITTED BY (DEPT): Information Technology SUBJECT: Approve the attached Personal Computer and Server Replenislunent program and authorize staff to negotiate a lease/purchase program for replacing the outdated personal computers and network servers over the next three/four years. BACKGROUND: The Personal Computer and Server Replenislunent project is required to implement a replacement program over three years to phase out obsolete personal computer and server equipment. The current personal computers are not capable of supporting the new Windows 2000 operating system software and SCT Banner upgrades. Additionally, many departments utilize specialized software that their existing personal computers will not handle. After evaluating all the major personal computer platforms, Information Technology has determined that Dell and/or Gateway proposed the most cost effective solution that meets or exceeds the county needs. Among other things, the proposed personal computer solution will provide the county with a full warranty on all equipment for the life of the lease, hardware standardization, maintenance reimbursements, and lower total cost of ownership. The Dell and/or Gateway computer equipment is available under several State of Florida leasing contracts. Many other counties in Florida, as well as the entire Florida Community College system already are utilizing the same proven methodology with these vendors. Information Technology reviewed the proposed Dell and Gateway solutions and acknowledged their ability to provide computer equipment which meets the county standards, while reducing recurring costs of maintenance and upgrades. Note: This program is similar to the vehicle replacement program the county initiated to replace worn out vehicles. FUNDS A V AIL: The estimated breakdown for the various funding sources is as follows: 208: General Funded Dept. P.C's = $124,800 45 Internal Service Funded Dept. P.C.'s = $27,000 32 Enterprise Funded Dept. P.C.'s = $19,200 133 Permit Fees, Gas Taxes, 911 Fee, & Other Tax Funded Dept. P.C.'s = $79,800 418 Total units at $250,800 estimated program costs. , · · 4 f · '-' ""'" The Personal Computer replenishment program can be funded within the various departments allocations for Information Technology services or general funded if the County Commission so desires. The funds can be included in the departments projections that they will budget for FY02. The lease program will be implemented in FYOl for those departments who currently have funds available and paid for annually over the next three/four years. PREVIOUS ACTION: The Information Technology and Strategic Management Team recommended the critical need for this program to the Board of County Commissioners at the Strategic Planning workshop held recently at the Environment Learning Center. The Citizens Budget Committee unanimously approved the P.C. Lease Plan at their March 16,2001 meeting. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Personal Computer and Server Replenishment Program and authorize staff to negotiate and bring back an agreement for the Board's consideration. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) OTHER ( ) DENIED Douglas Anderson County Administrator County Attorney: Originating Dept: ~ Review and Approvals Management & Budget: rllfYl.f5/ Other: Purchasing ~ 4 '-" 'wi . 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CD Q) ::r -- '< ,..... ("') ..II - 3 Q) en < CD -- 0 ,..... :J Q) -- fA -- - CD CD a. ::3 . ::J -- CD - en ::J en Q) Q) ........ Q) ........ CD CT 0 en .., CD en 0- =2 - --h ("') CD CD -- :J'" 0 N CD ........ - Q) ::] CD 0- ~ ("') 0 .., -- Q) 3 0 - -u en 0 ::] cc () ::r '< en ""--"" .' '-" .J r m OJ » c ..II en -< m 0 .. ~ ~ -< m 0) ~ CD 0 W Q) 0 CJ1 ...., n 0 ~ -< 0 . ~ ~ en 0) w CD 1 0 0 Q) .. 0 0 ...., ~ 0 c: -- 4 "0 Z C) 0 m :;a ~ » w c ~ m . ~ .(;fl -< :I c: 0) w CD CD :;0"0 0 0 Q) 0 ...., l1li mC) 0 0 ~ œ ." ~ c:::) en en >0 0 ~ ~ .(;fl r- om --t m mO . '" '" -t -. . ~ ~ 0 m -a :;a ~ CJ1 0 CJ'1 () 0 0 - PC REPLACEMENT \.of BUDGET IMPACT DATA ..J FY02 GENERAL INTERNAL ENTERPRISE OTHER & PC. FUND SERVICE TAXES TOTALS OBSOLETE 104 8 17 61 190 REQUIRE UPGRADES 104 37 15 72 228 CURRENT M Q Q 117 151 TOTALS 242 45 32 250 569 To Buy Replacement PCs for Obsolete General Fund $1350 x 104 = $140,400 Intemal Service $1350 x 8= $10,800 Enterprise $1350 x 17= $22,950 Other & Taxes $1350 x 61 = $82.350 $256,500 To Lease Replacement PCs for Obsolete General Fund $600 x 104 = $62.400 Internal Service $600 x 8= $4,800 Enterprise $600 x 17 = $10,200 Other & Taxes $600 x 61 = $36.600 $114,000 To Upgrade PCs General Fund $450 x 104 = $46,800 Internal Service $450 x 37 = $16,650 Enterprise $450 x 15 = $6,750 Other & Taxes $450 x 72 = $32 400 $102,600 To Lease Replacement PCs for Upgrades General Fund $600 x 104 = $62,400 Internal Service $600 x 37= $22,200 Enterprise $600 x 15 = $9,000 Other & Taxes $600 x 72 = $43.200 $136,800 . 4 I ~ ~ TOTAL FY02 COSTS Buy and Upgrade Lease General Fund Internal Service Enterprise Other & Taxes $187.200 $27,450 $29,700 $114.750 $359,100 $124,80å $27,000 $19,200 $79.800 $250,800 '-' Dell Government Leasing t Finance Memorandum To: Denise Demers From: Patti Lara Date: Marc:b 20, 2001 Re: Florida entities that are presently leasing 1. Florida Community College System, TRP (they did the RFP and awarded the contract) 2. Seminole Community College ( only school leasing under the Florida TRP award) . 3. State of Florida. Office of the Treasurer 4. State of Florida. Department ofTransportation 1 5. Alachua County, Florida 6. American Red Cross of Tampa Bay 7. City of Lake Mary ($9,000. Equipment has not shipped yet, but they did sign the lease.) t t . 1 '-' BOARD OF COUNTY COMMISSIONERS "" INFORMATION TECHNOLOGY MEMORANDUM DATE: Dan Mcintyre, County Attorney Dennis Wetzel, DireclorO~ June 29, 2001 . TO: FROM: RE: Howard Computer attachment to Master Lease Agreement ~ Please reference the attached information supplied by Howard Computer as the attachment to the Master Lease Agreement. This copy was sent to us on 6/26/01 by Howard Computers. Previous copies should be replaced with this latest information. The intent is to insure all aspects and representations ofthe Howard Computer proposal (RFQ) are included as factors and covered by the Master Lease Agreement. . 4 This item is scheduled to be on the SOCC Agenda on July 10, 2001. Your attention to this matter is appreciated. cc: Douglas Anderson, County Administrator JOHN D. OP.UHN. Disrricr No.1. DOUG COWAP.D. DlSrricr No.2. PAULA A. LEWIS. Disrrlcr No.:) . FP.ANNIE HUTCHINSON. Disrricr NO.4· CUFF OAP.NES. Disrrlcr Nc . Counry AdminiSIToror . Douglas M. Anderson 2300 Virginia Avenue . FOIT Pierce, FL 34Q82-5652 · Phone (561) 462-1748 · Fox (561) 462·144,1 "-' P.O. BoX 1_ LIu..... 1111.'1,..,131441 Phane .1D'1.......11 Fu.101 11110ICP Fax .. ..._ ._.t~ .......a-. .... rllMl.............· I'tua .,.....1441 ...... 21 ..... Ml71D1 ~ .. CC: · ')C v.,,""'... r.. ...........ca nv...¥ ......-... CI ...._ -..'7 = ........ ne~· eo....""" ........... --..-., AIhN"~" .-..- - will ~ .... NttII_1 tft ".... fnr .......... TIt...... a-w · /\ /I Ù 17l t'(' Pro 1 )()s(/ Ie . Howard Computers is p'~sed to present this Strategic Allloll"''' ,.. ",,",u:.cal I.U :Sl.. &"a:II..I., cuunl.Y. 'We are connaent tnat we can ørovfde St. Luci. Cnunty with thø high quality pc's tho¡t thc-y require, a:s wen 0:' un:.urposaed xorvtce and ....,. ~UIII" retötlon5htps. We hope that you nnd thiS proposal useful and Informative. Should any further questions arise, please do not hesitate toc;ontact us. .. · .i \ II i ( III <- · (J I),. ( ) I) ( ) S ( II- Dear St. Lude Couaty, AUached ,OU wUl ðad Boward Computers' oespoase to your bid invitation. Tbis propoal is broken down into 11 baalc secUo.. as ouWned below, 1. Introduction.. ThIs IedIon contains the .:over letter as well as an In- trodudion and bø.;kørouud lDtormadon to Boward lDdutrIellII1d Howard ComJpulen. 2. PrIcing ProPCIW. Ttds acc:doa coata1Ds Howard Computen' Pr1einl pfOposal to S~. Lode. 3. Lease PropOlÛ. Tbis sedion deta1b Howard Computers' 1- pro- poeal to SL LUCie County. 4. Product UDe.. Thllsectlon autUnes Howard Computen' bale proð- uct line and piJ'odud offerl. S. Engineering 'Proposal. ThillKtloD outln.. Boward Computen' en- gineerlnl department audits fuDctIoDL ft. IDtÇlrMlqll SitnktI lrvJQIII. ThIl,.&k1n on&llnt.1 &hA Int~eraHon _",eel offend by Howard Computers. 7. Warranty SeJ.'VIeeProposaL Thll section outl1nes Howard's warranty service ad u,arade otrerhlp. 8. Facilities aod'Capac:1t1, This section detail" Ho"am C'.omputen' current fAdli~ and c:apadty. 9. Cost Sa"lngs.; TbJs section outlines nrious ways that Howard Com- puteR can pr:1n'lde St. Lucie County wttb stratepe advantages In the area¡ ot cost srivinp. 10. Program 'Ben'lfits. Tbis section outlines addItional a«hantaees that Howard Co~putcrs am otter St. Lude County If selected as the ven- dor of choice ror this bid. 11. References. TbIs section pnnidea references for Ho....ard Computers. J . ~ 4 Boward Computers wiD also design a cuatomized website for SL Lucl. County's proeurement. St. Lucie's authorized penonnel can utilize this !iite in several ways. 'they can custom .:onftgure any f available pc on this site or ....e can estnbllsh a ~Imited number of systems with pre-spee1fled upgrade patba tor purd1ue. We hope that you wlU fb1d tbJs propola11ntoanat1ve, Ilnd we encourage you to contact us sbould you have any questions whatsoever. We at Howa~'d ComJ;luters look forward to doing business with JOU in the near rucure. Sincerely, Linda T_ Howard Preådent Howard IndusU1.., Inc. Introduction Howard Computers is the newest cJivisiOD of Howard Industries, Inç. - a $450 mil1ion electrical products company. Howard industries was founded more than 30 years ago by BiDy and Uncia Howard. The Howards have grown their core business - distribu- tion traDSformers - into the leader of their Industry. Today, Howard Industries' Tnms· former Division Is the number one pr'ocluc:er of dlstr:lbution transformers in the United States and is housed in the largest tJ'ainsformer plant In the world - 1.6 mil1iOD square feet. · /\ II i ( I 11 t ~ (' J),. ( ) I) ( ) S ( il · The Howards have diversified their iAterest over the years to form their own tt"UCking company _ Boward TraDSportation. BegUD in the era of deregulation of the industry to haul Howard's own products, HoWard Transportation now carries 60% of Its load from companies other than Howard industries and is one of the leading Southeastem carriers. Not satisfied with all their success, the Howards again diversified in the early 90's and formed a new division - The BallastProducts Division. ThIs division manufactures electronic and magnetic ballasts. In jiust 6 years in operation, this division has grown to 3rd in its indmtry. Finally, the Howards again brancbed;out to form Howard Computers. Although a new division to the Howards, the manufacture of personal computers was far from a new vcntul'C for Howard Indwu;e5. They' bAd LcCJI ùuilù.iug cumputers In-house tor their own use for approximately 8 years. 'D1e decision to branch out and market their prod- ucts to others was an easy one given the dynamics of the marketplace and the Howard's confidence in their ability to bußd a businesses from the ground up. Over the last two and a balf years, Howard Computers has grown at an exciting pace and will have more than 1.0,000 computers in service in the near future. Howard Com- puters has founded itsell on quality being of the bipest Importance. For this reason they do extensive product testing both before, during, and after the manufacture of the computer. Below are listed a few of the tests that Howard Computers undergo. . ComOlltibility T,ftlnil >Every ''new'' eonfiguraUonu fU'St tested in Engineering before going to the plant floor to guarantee çompaöbility of its compoDtnts. . Comoon,n' YaljdtJlinn >E'very component is scanned during assembly to assure that it matches the BOM created b1 the Engineering Department. . .\ 1 (1/1 (I() l'()POSfl . Introduction · Seriil&.ø AU ð{GJør COmDDlWIÚ »The IeI'IaI number or every major aomponent within a Howard Computer is recorded. · SUI'II-!. T'1fIa& >'Ev., Boward Cømputer aoes thrdulh a 4 huur diagnostic and burn.ln proçts$. · Custom" Aøa >ETery Boward Computer goes thl'Ol1F Ii customer audit procedure prior to pack·out dunce whlcb the UDit Is reviewed through ttœ eyes of the customer. In addition, Howard Computcr.1uId. the fC)l!!eSigbt to estab1lsh its operations with the ~oai or ISO 9000 certiðcation,.. its panm company II1readylhas obtained. Therefore, all processes, etc. were put Into the place with the ultimate pl or obtalDJD, this certification. In recent months, the process or obtaln- 1DglSO cutiftc:aUon for Boward Computer! haa beguo by beginning the selection of an evaluation firm aDd by the estabUsbmeDt of weekly meèt1ngs on the topic of certlftcation. Howard Computers now orfK'S a full product Une of hardware, software and accessories for its cus- tomers. Howard orfcrs desktop computers, 'Japtop compuuI"S, servers, printer, scanners, and other ac· cessories such 81 dill..l ca.mens and the Uk.. Howard Computers IJ a Gold Member of the Mlcrosoft System Builder Pro~am - an honor reserved. for rew by Mkro.oft. In IUldidon, Boward 1;ndustries hall had Ii close working relationsblp with IBM and Its membur compaDles for tbe laAi 20 y~ aDd that relationship has grown stronger with tile ad- vent of Howard COIllPUter8. Howard bas wftrked hard to ~iablish strong ties both to its direct ven- dors and tu the CUDDeL Howard Computers' plana tor the future arl! big, lIS weU. Howard Computer.¡ will be located in 0 new 550 acre technology park to be called The Howard Technolo¡:y Park, which will be the first lù-tech park of its kind in MIssissippi. Howard Computers wiU be the cornerstone and inithtl occupant of this facIHty. In additloD, the MIJIl.uippi le¡:lslature has already appropriated $5 million for the estabUsh· ment of an Advanced Tcc:bnoloiY Traininl: (,:enœr to be 1000ttd in this park. There an: also several companies aJrtady actively aeek1nl space inthts park. We are conftdeDt that after l"C'YiewiDg our attached prop08M1, SL Lude County will qree that a.partnership between Howard Indtutries and St. Lucie County Is a win-win for enryooe lnTolvtd. Please find Boward Computers' prlcløa pro.... to 51. Lucie OB the foIIowtDI,.... I . ~ . '-' Quotation ..0 EutvlaW DrIve lAurel. M8 IM4' HCMARC COMPUT!RS ....¡ SMe: '.......tJ.S1S1 Iupport: t _ ...tlSt QuotIII: CuetolMt Name: Cuatametl: COInpanf .....11: ~ Ddt: 2OO1..Q6.30 PlIo.. I: 0 . F.I: 0 . 8T LUCie COUNTY. Fl 11IIm *"' DMcrlptlon Qtr. Unit lid. PI10e PI10e ~ Type: Prœeuorõ MMl\OIJ: HIud Drtve: co.oVD-ROM DrIve: Video Card: lIIonitar: Sound CNd: Speake...: KaybOlrd: Moun: Modem: ....ortt Card: Chu.II: FlopPf DrIve: Operating aye,*,,: Bu1dlld 8~": AntI-VI".; Warrln~: 1 ",474.00 11,.7&.00 HowM:I ee.ktop ssaoo Inllll Pen1lum III t33E8 MHz 'W2AKB \.2 Cecile 133MHz FSB 258MB 133NHI SCRAM ('Ì OIMM) 10.0GB ATA1CO $4OORPM CD ROM, 52X. IDE!. InterNjl, ATAPI GraptåCl Card, TNT2 va~. 8 MS, 4X AGP OøtIqu..t Q71,1?" (16.0" vIewaÞIe, .27dp) 128Ox102-' Monitor Int~ ADI SouncNAX ~udlo. AC87 Code<: Allee ~'" ACS21 SpuUrs 1 Q.4-~ W1ndowe PS/2 KeVboard Mlcrotoft IntellmfMe Psn with HowanI MOUN Ped No Modem SeledlKt SMC1211TX 101100 ¡therr.let Card Chaula. Mid Tower. ATX, With 250 WIItt power supply 1...Me 3.5' Floppy Drive WIndows 2000 profeaslonlt MS otIIce 2000 Profe..io",.1 EdItIon Norton An1IoVlNS Wln98IN"" CPU . TotIII .. Year O~Sltfi with 2 Year Refresh; Monitor, KeyÞOard, MOUM .4 Year Warranty 8ubtotll: Shipping, Handling, & PacusP.nll: T...· (If Appllc.ble¡: Tcål;A S1.47.UO to.OO $0.00 $1,414.00 MoCn: Packaging, Shipping, end HlI'1dHng feet "re included. PrIees and lease øaymlnta do not include 11)P11cBle tax... . This quotation was prepared by Kelly Turner. For further question.. tl,o\allons, or to plaCe an order, pIMBe œll (601) 399-6068 or fax ~ur questions or ~U88b Ie (eo1) 399-ðQ77. EmIli ktUmè) Qhowardcomputers.com or order onlne at VNNI, howardcompu1ers.com. This quoØ ,. wild for a period 01 to ÄyS at;artlng 2001.05-34. ·\llillIIc·C) !)l'()]){)S(ll . . . . . -. . Lease Proposal LeulDl would be bd.__ Go'fernØDC Ca;ØaI CoIporadon IIDèI Sc. Lade tor Boward eom,uten. GoTemmeut Capital CorporaUon i. a pubIit ......-1 cerporatloD who hu . anat deal of -..wlmœ 10 worldnl with ea*,. sw:h .. St. Lucie. Below are I...... sm:hI J10rIda ....md1eataJleducational eatlUeI with whom they cornatly have IIImIIar 1_ BTIID","CI. ~ FraDklIn Sd100ls Leon Counf:1 Sc:hooIJ MctI'O Dad Police Department Berr~e vro Columbia BI¡h Sebool Marianna HIgh Scbool Gulf County Cbalreø VFD Boward Computers Ed Government Capltial Corporation woald like to preaent two lease optloos for each ot the three œnftgurat10ft being offend. The.....D we bave cho8eD to praent two optiolllls that we would like to sbow you the volume at wlûch you would receive a sianlftamt lease factor drop. The first monthly payment will become ðue thirty (30) days lifter equipment order aad monthly there- after. Paymeutlare Dud for the duration of the term. A Muter Lea.e Ap-eement will be proYidecUor the acquúl.tIon of future uDlts after the Jnlt1al order. The Index upon wb1ch tho Interest rate wan I:Ie set wW be based upon equal year treasuries at that time for the tum and amount dellred. Refrub of CPO and OS after 24 months, wltb current CPU and OS. SJUPPIne Is included in IeaIIe to and from during the refresh of CP1J. .The above I, subject f:O audit Qnal)'tlllDd documentaUoo. If closinø occurs after June ]15, 2001, Go"er~meot Capital CorponaUon resorv. the rlpt 10 Inc10x rates to current market. · Alliczllce Pl-()POSCZ; Product Line .... '-fa.............. ............ .... .. Howard Computers offers a full product ~ line, including desktops, notebooks, rug- .. ged notebooks, servers, printers, scanners, III and any other accessories a customer . ~." might desire from digitaJ cameras to soft- \. :'~~! III ware to microphones. Howard Computers ..(";:::., "}J1'ÏJ~s ibelf un hdng a customer driven . .~. ::. .:"'-: .. company; therefore, if a customer requires : : .1.._~.. an accessor)' not normally carried by us, .,./~;;~'--'\ :we will, nonetheless, obtain that part for -.....- ." - . our customers! J 4 Engineering Proposal· Howard Compute" bas wOI'ked dlJlpDtJ1 io aaemble . fint rate ""eerlag 118fT wltb varied back ~::S:d exptI'tIA. The main fuactlonli of tile eaglDeering departnllDt at Boward Computen ..; .. \/li(171('{) !Jr()!)()S([I. ·CompoDeDt Reaurcbll'eat ·System Dealp & Development ·System Testln¡ --Functionality -COmpaltbUitylMatrtx -PerrormancelBenchnuark -Networking -Usability -Certlftcat1on -Novell. WHQL, -Enerø Star, FCC -Thonnal -Mecl1anical · Software Development - Driver IntegraUonlDevelopment - Automation Tools - OIS Customlzatton - rest Softwlln · System Doc:umentatioD -Internal - CUItomerlUser Manuals · Pre.sa1es Support · Customer Support ] 4 Hmrftm fI11U)ßII'" III' Inn,bt nut the mntt reli,bI. unrton In thR i1lm'''.I, tnd"JI tn 1''''''0. UTi.. ........ manuracture ita computcrs. Howard udlbes oØ!1 bJ¡Ia quality subocompoDuta from ~l1dod IJUdI. u laMl. T,I1U. WJunJI.uft., JujU,;u, Tusldbu. VluwllOll1a, .wleu I'aeka", JrsM. 'I...P. J(-' U~HuWIMa, ...d Ala- LaaåD~h to UIIUI a few. Should Howard Campl1ten aDd St. Lucie Couat)' ental' into In alliance, the EI1IIDeubIg aad Marketlul De- parlll1eata 01 Howard Computul wouJd wOI'k Cø proTIde product coJlliltcuq for a period ol9 months œ orda' to provide . IDOft àbJ8 oparadq .DvIton....~ for the tec:ha1cal penomae1 ød ead Ulen at at. Lade CoutJ· Pr1' 7M mpW'd. w. .m Ittempl to III8iøt1dD P1'llduct . IODg sa poa:iblo 11 IDOI1tha idaaI1y .:.- l1oft\'u, we an 1Ot\a....b.t Ihrtfted b1 &be dIIIIÙt place. B09Î.~.r. we would lib '011 to kDow tU& Boward CoDapDtcn prides ItIeJf 011 DOt 0DIl pravldlaa mUlns ecJ&e terft.....OU but üo keeP1D8 oIdu ""-11101)' aroaød ..11 poaIbIe ID order to prcMdc man -biBI:J ad øaon: apUœs to lis c:uatpmen. It Is 0111'.... COØIå'8III& ID at produc1B available prcnab Ibem rro. euryiaî pl'oduds aJ13'IDore, that Howud CGmpaterl phøu oat a procbxt or prcdllCt Uae. WIum poIIIble Bow'" Camputen wID lift . 60 Ù,. ad¥ance aot1cc lor pndDd chaD", .0 \ I i ( III ( · () I),. ( ) I ) (' ) S ( ¡ I . . . - . Engineering Proposal la .lJditloa~ Oae ...·eeriøc ~ works with III fltll ~ to DOt oaI1 baDd to order bat 10 truly build to 1pIdtka.... ., doIDa .... Howard Cenap.tus.. lID..... tIIø )Iat oft'... . pn-set IPIP'Mr of eoø- IIpraUoalto Ita till a --rs. ......, lIÞwud .. ..... ..., ..... . calf....... -, reqal....tzan the DIDda.... bomIlo tile....,.. ani to tile flop" dme..'" allows Øowud c.np.ter'. eutome...1bc .bllIt)' to detd¡D al1JtelD with the aact compo..;." tIud th.y arc -.t cumlortable wttb aDd willi wJdå "If baTt had the most II1fte& ~owucJ Camputeft bu ~ ...1111111.1'1 fi1U'llnl I'IIrtlnntlnnr JlDI.ømdùl.wA.JA1I&._ '" pnmde our CIIItaaIcn """ oIlDiDcI wbln pII.;.....1 Boward'. Þrdwan 1ato tbeI.. aIItJD...tworlal and .,.. tam. In ackIltloa, Howard obål1Dl J'CC .ppnryal GIt all olb.,... Howard Computln Il1o 1~1.. that todq'iJ COI'pOftdou lll*l1UUC--' fuDCtiau 10 help them operate 111 compla ..9I1'OUICat. AD of lløward'. eø&eÓrila 11..... baTe the taIIowIal r..~ to JDCCt this &nnriD1 Deed 1InOD, uersa . .uøIpcd for 4tpJo,meut ." IIIIIMpI! networks .Ia.....dve KEn' Jna chuIItI cIeIIp, ....... somce.bilty -Wired rór JNI-"rn'.c, WOL, DM!, Remota h.rdwlU'C monItol'l.q .Stable desfp with IIWIAled tna8ltioDS eExte.wYe T~DI t. Networ:k En~roDlDeøt · CerUfteadonø - VVIIQL, Novell, EI1er¡y Star, 3COM . ·.'\ l(lll('() !)/"()!)()s(ll. Integration Services Proposal Boward Computers bas the abl1lt7 to perførm a fbD un)' of batearaUOD ItI'Vlces for its CUItomen, from CODIUbIna to wireless D'tworks. Be1ów 10U wUllDd a'" of IOme of the mœcratlon semœs of- fered by Boward Cemputen. · CoasultlDø Services - Ad.vise and assist you to determine )'Out present and future DetwOrJúng neecls. Deaip solutions to meet your œquirom~ta. ·ImplemeDtation Services - IastalJ equipment and services designed by us or by others. to include routers, switches. hubs, CSUIDSUs, strUctured fiber opüc IIId cate¡ory 5 building cablin¡ systems, etC. · Support Services - Provide technical support by telephone or on-site for products anc1 services that we J insra1l, including Microsoft. NO'icll, CiSco, and others. And, we wil1 remotely monitor and manage your netwotk. . .pc Subscription Senic:es - Provide a tota1lOlution 10 your computer and LAN/W AN networking needs, to inc.lude servers, desktop PCs, lioftware, and .l..ANfW AN equipment, for a single monthly - t -Wireless Services .. Single sourt:C for wi1cleas products, installation, training, and support. In addition, Howard Computers prides itself on their attention to their customers' specific needs. There- fore, Howard Computers will customize an integration paçkagc to a customer's particular needs for a par- ticular project. . ./\ li(11Z(·(~ !)/,()l)()s(ll . I Warranty Services Proposal :Oward Computers oØen Its cwtomen a ne)dble, cuatomlzabJe service padœ¡e that can beeeand e customer IIDd their UDlqu.e needs. Howard COlDputers offen a staDðant 4 year warranty that to J eomp.... the following, en- 4·Ycar Limited Wart'BiUI · 4 Year hrb Replacement [Warranty · 4 Year Next Bu.lness Day 0n-S1te Servlc:e aDd Parts · Web and Ton Free Phone $upport for Warranty Parts Orderln~ j Suftwue Patches, and BlOiS Upgrades · Fax Back Service ror TecluijcaJ Support of Hardware and Software Llfetbne PltODe , Support · Guaranteed turD around of'Nat Businaa Da, for parts and upgrades.. · Vendor pays an shlppinglor replaeemeot parts. This warranty meJudes on-5ite lenlce from lådol1 .uthor~zed service pet'SODDeI, as weU as 24x7 phone support and both the hardware and software~pun:hased. '1 bls phonl support Is available through. ton free number 1-888-313-3151. Our phone statls1ks are second to none. Please see the chart below com- parln1: our phone support statistics with tboM of our major competiton. Howard HcwleLt- Comouters Dcl",- Gdt.ewav· Packard." ComDaa* IBM· A veragc time on 0:45 , 9:54 11:36 10:18 10:18 11:18 hold (min:sec) \ i J Data ~ from survey contained ID the July .1000 edhioo of PC Mapzine In addition. Hnwsrd c.nmpll~" off~~ DWD~Nn19 ~tDodoPd upgrallt.8 to thhI \UI.'1'.lUty tv. ib.1;WlWWV'1I esse of we. · 4..Huur Service, 5·Days · 4.Hour Service, '.Days · 4.Hour Service, 7 x 24 · 6-Hour S4!r~ce, 7 X 24 t · Three (3) Years Next Business Day, On.site Service · One (1), Two (2). and Thnc (3) Year Next BwÏDess Day, On-5ite Laptop Service · Custom DeliII' a Service Pbin to meet your unique IT needs and requirements Howard Computen will also conlUlt with th.1Ir customers In order to ascertain whieh is the best w..... ranty pIan for them. A unique, customized w~rranty can be developed for those customers not ftttID& lato the standard warranty and upgrades thaI: are ofTered. Outatde of the war1'llnty services oll'ered. Howard Computers' Customer Service DeputmeDt provides leveral other valuable services lor Its cus- tomers, including, Renalr Cost Reimbu~ment: Through the Howard Teclmic:a1 Partnership Pro¡ram (BTPP), Howard Computers provides St. Lucie C01IDty the opportun1ty to receive reimbursement for warranty services on 'Boward branded)ystemø. \Jnderstandlna that many orpnizatloDl Uke St. Lucie County have made Ilgnlficant In'vestments in establishing and maiDtaiDinl their ownln&a'- na1 support and service departments, Hownrd Computen developed the Howard Techdlcal Partnership Program. HTPP is deslpeel to meet tbe needs of customers who wish to .... their own Intemalsupport staff to perform warraDty senk:e and support. 1(1 fP fadUtatel dJÞelJ, cost .rr~t1ve, quality service In coujuneüoD with Howard's hip standards lor customer satJstac- tlnn. ~~ II i (Ill ( 1 () .I) r ( ) I ) ( ) S ( II . Warranty Services Proposal Benefitl of HTPP Include: · No subscription fee · Reimbursement tor W8r'raoty øcrvlœs on systeJD!i1 within the on· lite warrant)' period · Direct "cœss to Tier 3 ropport elilleers and tcdm1clans · Expedited senke and/or replacCrntlDt parts (Next-busineu-day deDvery) · Howard Computers pays aD shipping œstl for replacement parts · Howard Computers maintains a ceatralized Inventory of service paris · Freque.nt updates about Boward systems and technology advances and improvemenr.s · On-Site coDsianment spare parts inwentory (must meet qua1ltkatJon crtteria) SpecificaUy, for St. Lude County, Ho~d Computers will reimburse the Count)' at a rate of $65.00 per QuaJmed btcldmt for time r.pent replacine faDed componeDts or parts In Howard Computers bnmded IYftem.. A QuaUfied Inddent is cIeflned as the replaœment ol.taUed compo- nents or partll to restore the warranted'BYstem to working condition, regard1ess of the nuruber of parts used. Prior to providing w8mmt)' aenice.., St. Lucie County Whnlrþ1U nwst contact the Boward Computers Customer Service ~artmeDt to receive a Warranty Service Incident Nmra- ber. The Boward Computers Customei' Service department may be contadecl either via the toU- free support Une at 1.888-323.3]51 or e!maU at tech@howardcompuwn.com. Upon nceivloa the Warranty Service Incident Number, th,e St. LucIe teehnlclan may perform the required warranty services. St. Lude County will be reimbursed OIU monthly basis for all Q\Q1Ufied IncideDt.8 durin~ the previous month. Sa. Lode County will :iubmlt re.imbunement claims on a sin~e invoice with an itcmized Usting of each claim including1he Warranty Scnice Incident Numben for which rehu· bnrsement is requested. Tbe Invoice mUst be received by the Is-' of each month for the prevlOWl 4 month's reimbursement clalma. AdditionaJly, Howard Computers wW provide SL Lude County rnn warranty services and support with; oext·buslness-day, on-site ,,"Ice for the duration ofebe lease. Howard Compute1'S will not use returb!i8bed part. St. Lude will be able to service other gontn· ment apncies that uses Ulis contract. Clarify rully supporU e-eommerce lIS su.ch, Clarify pr~ides the ability to access, create, update, and clear ca.ses via the web. However, a~ thi5 time, the Clarify e-commerce applkatiol\S baa Dot been fully implen1èl\ted by Howard Computers. Once implemented, HC wUJ provide St. Luck CouDty run and complete 8CCt!SS IS prenouiy agreed. PC Dlaoøal Services: Boward Compu~1'S i. aware of the espenslve and dme-CQDIUII1inllssues lISIOCiated wIth dispostna of obso1ete or non-fuDdionol pç cqulpmeDt. To..1st the St. Lllde County Information Tecbnolocy Depar1ment with dispoq of emtinl PC mveatol'1, Howard Computen bas parmered witb Secure Itn~lroameDtaJ ElcctroDicsltecycling (S.E.E.It-), lac. to provide customized PC disposal soIudou to meet the needs of the count)'. . ~\ If i( /11 C() jY/,() I)( JS(ll . . .' . Warranty Services Proposal S.E.E.R., (nc., located uearbylD Tamp., Is aa¡ but1ll&rJ lader in the sat. aDd EPA compUant disposal of PC. and related IT equipment. AddltiODalIy~ S.E.E.R.ls lilted on the FIofkJ..late cootrac:t as the PC equipment dlspolal (dernaDUfacturiD¡) compaa)' fur Florida .tate ApIlctel. Througb our partnenhlp with S.E.E.R., tnc., Boward Computers C8D provide II turDkey IOIuUoD to meet the county's PC disposal Deeds. As a IllaaJe poiD.t or eontaet, Boward (¡onaputen wm coordinate aU aspects of the disposal pro. ject. St. Lucie CoUDt)' CJID be 8SIIUI'ed that tIu! PC disposal project will be aceompliahed promptly, elft· deDtIy, and wltbJn establbhed gulde1iDe8 aDd J!l'oecdures. Howard Computøn pro'Yides both RecllllDAtion and Disposal servlcu and Asset Recovery. 'fhese op- tlou Include the followtn¡: .. Redamatioo and Dbpoaal . · ConYeolent, rupooalb1e removal of PtCI and re.lated \.'quipment · End-oC.Ure option. for equipment froln an manufacturers · Disposal of nOD-l11al'ketable equipment through recycling and bazanJOU8 waste. process tlud complieø with al1 applicable laws aDd regulations · Electronic media (data) c......rudl1g · Reporting and settlement intormaUoD: b. Asset RecoYery · Convenient, responsible removal of res and related equipment · End.of.Ur. options for equipment from aU manufacturers · Remarketlng 01 equipment with 'Valu'; remove property tags; electronic media cleansing of pr~ prleiary data and software; audit, 11""" reconl1¡:ure and I'tmarket the equipment · RemanufllCturlng: equipment Is refurbished for return to productivity or AJDarketing · Parts recovery: products are disassembled for resale in the M:ondarJ market As previously mentioned, Boward ComputenwW customiZe a PC dlsposa1 pl'OlJ'U11 to meet the speclftc needs of SL Lucie County. Howard Computers can provide on.slte servic'; anywhere in the nation throueh their partner CD ~~el Inc:. CD Serve is a œtioDwlde network of 1oca{ _nice providers. This networ~ encompasses all 0 CD' United States and is growing nery day. The truly exdtinC part about Boward s partnership with Serve is its ncJÔbmty. If St. Lode County alré\Cly has a set· ~ vice proYider with whom )'ou teel comfortable, Howard Computers can have them added to the CD Serve Network to provide you with contJnuity 01 øntee. To the rt¡bt. you win Ond a map detailing tbe service areas covered. by CD Sene's vut network. j J . " ....411i(111L1(! Pl-'()/J()Sfll . Facilities ¡and Capacity .. ;.. f' ;~..- ';"-~~~~~.5\.::¿. f._. . ..:/ -~:- r~·~··,-- '..... 11 :.. ~...., -~-: ,,~ .' ~...'~~.;.," .;. .:.iI-' ·,_·e .-- :.:-.:;. .., '~:.--- - .~ Howard Computers hIlS built a state·of·tl\e.3.rt, KaJeabk production facUlty, capable of producing 400 units per shift for three shifts per day, totaUDg 6000 units per week. In addition. Howard Computers has the nbili~ to rapidly im:rease this cap~ty by the quick InstKDatioD of atdditionnllines. Within sev. eral week.... production could be tripled or qolldrupled, bringing our C8paci~ to 18,000 units per week. Howard Industric,'i, with Its 30 years ot' manurac:turin~ experience, is wen versed with capacity plan. ning IUld plaDt expansions as over the years. we have: uode~oru: more than two dozen such expansIons. Howard Computers Is confident In Its abilit)! to predetermine the correct t~ for an expansion In order to not bnve increased lead times to ow: customers. As alway!! we extend an invitation for St. Lu<t:ie County to visit our facUJty for c:valuation purpose. Ho. tel accommodations at Howard Computers' ~"pense. f . e\ II i (Ill (~(! [) t ( ) I ) ( ) S ( Ii . . - . . . . . . . . . . 'I . . . . . Cost Savings -Discount off List. Howard Computers has prepared pricing to St. Lucie Coonty's specifications. We: estimate that these prices represent a cost savings (off retail web pricin&) of3 to 6% or more. Boward Com- puters will desi¡n and establish a customized website for St. Lucie County that will enable them to purdlase the specified items within this bid (as well as uparade options) at the prices quoted. .Capacity Planning. Howard Computers beUeves that an additional 2 % saVe ings (at minimum) can be aehieved through Improved Inventory con- troL We can help St. Lude County achieve this through capacity plan. ning. Capacity planning Is a process by which Boward Computers wiD "reserve" producdon space as Indicated by SL Lucie County in order to assure them certain deUvery times and capacity and thereby negate the need for bulk purchases or unused inventory sitting around for any pee rlod of time. .Pre-conflgured Systems. Howard Computers believes that St. Lucie County can save an additional 2% (at minimum) by receiving their systems pre- configured with any goal software images they may have. This will re- duce the amount of time that t~bniclans will spend installing pc's. .Direct Shipment. Howard Computers can ship directly to any number of different locations, thus decn-easing a technician's time in installation. We believe that this savings amounts to another 1 %. -Trade-In Allowance. Howard Computers is prepared to work with St. Lucie County under a leaselpul'thase arrangement as requested. .PC Disposal. Howard Compute:rs can develop a customized solution that best meets the your needs fot asset recovery, including reclø.mAtion and disposal and asset recovery. . We estimate that these services can provide a cost savings of approYimately 2 %. .S'1mmation. Howard Computet:! would like to propose a partnership with a total benefit to St. Lucie of-more than 10% We feel that the comblna· tion of tbr I1rirp rlivonnti with th8 nthnr totnl ooot of ottlDuohip 0...· eratioDS and cost savings, make an attractive package for both entitles. We are hopeful that after reYÌewing this proposal, you will agree. Program Benefits Boward Computers is excited about the opportuDity to work with St. Lade County In their procurement of <Omputer hardware and aeœssorles. We feel that, in addition, to all the bdormation and cost savings ideas we have pre- sented, there are still other benefits we could 81. Lucie through our program. 1. Account Te~m~ Howard! Computers estabUshes Account Teams for each of its partnerships. ~ the case of Florida, Howard Computers ' already has 2 dedicated salespeople on staff in Florida. In addition, our englDeeriDg stall, support stall, alld exeeuIive staff would be Iep- resented on such an Ac~nt Team. 2. Customi7.ed Web Site. H~ward Computers wUI design a customi7.ed website for St. Lucie Couilty procurement. This site can be set up in any of several different ways. SL Lucie's authorized personnel can custom conf1aure any avà1lable pc on this site or a limited number of systems with pre-speclfle8 upgrade paths can be made avallable for purchase on tIüs site. 3. Secure Online Ordering. Howard Computers can accept online or~ ders via PO's, credit cards, or terms If pre-established. 4. Online Order Tracking. )Boward Computers aIso has a new service that will be onUne soon that wJll allow St. Lucie to track the status of their orders onHne. S. TraIning. Howard Computers can offer training to the employees of the county either at Howard Computers or at a centralized location in Florida for a minimal fee. 6. Employee Purchase PIanti. Howard Computers will otter plans to the employees that will allow. them to buy computers at the same dis- counts that the county ref'..eives. 7. Price Updates. Howard Computers will provide St. Lucie County up- dated pricing as our list web pricing changes. The new pricing wU1 reftect the same percentages off this web list as is detailed in this pro- posal. ~/\ II i (I '1 ( · () 1)1' ( ) 1 ) ( ) S ( II . . , -. . . .. . .' . .-\lli(/71('C !J¡-()])(Js(ll . . . ' . References Howard Computers ill proud or I. commitment to educaUon over the last two yean. The majority of our Iarp'aceounts are in this marketplace. Below you wID nnd references from sehool systeiDI who have purebased from Howard Computers durina the last severa1yean. MELANIE FOX _ MIAMI DADE COUNTYPUBLlC ScaOOLS . CORAL GABLES ELEM 305-448-1731 105 MlNORCA AVE CORAL GABLES, FL 33134 PAT VARONE MIAMI DADE COUNTY PUBUC SœOOLS DISTRICT WORKFORCE DEVELO~NT 305.995-1864 JEFF SCBEMBERA OKALOOSA-W ALTON OMMVNlTV COL- LEGE (850) 719.!364 100 COLLEGE BOULEVARD NICEVIUE, FL 32571 CONST A.'iCE J. SCOTCHEL PAHOKEE MIDDLE SENIOR BlGH SCHOOL (561) 924-6400 !iIOO LAlUUMORE ROAD PAROKEE, FL 33476 S1JMTER COUNTY SCHOOLS A'1"1'N:GLENNJOlŒS POST OmCE BOX 10 LIVINGSTON, AI.. 35470 PHONE: 205-652-~ HALE COUNTY BOARD OF EDUCA'TION ATTN: VlCTORSCO'M' 1001 MAIN STRBET, 1ND FLOOR, C01JR.T· HOUSE GREENSBORO, AL 36744-0360 PHONE: 3~~ coprAH COUNTY SCHOOLS BJt BOi.J..OW A Y 260 WEST GALLA TIN STREET HAZELHURST, MS 39083 601·894-503 MERIDJAN PUBUC SCHOOLS TIM BOUTWELL 395112111 STUET MERIDIAN, MS 39307 601·4844979 POPLARVR.LE SCHOOL DISTRICl' GEORGE WADE 1 TODD cmCLE POPLARVILLE, MS 39470 601.795.8477 COPIAB LINCOLN CO~lTY COL· LEGE MURICE CAMMACK P.O. BOX 649 WESSON, MS39191 601·643-844iO MISSISSIPPI STATE UNIVERSITY JAY BURRELL P.O. BOX "97 MISSISSIPPI 81' A TE I MS 662-315·0741 V A~'ESSA BROWN, TECHNOLOGY cooa- DINA TOR BREMEN CITY SCHOOLS, GA PHONE: 710.537.5508 EMAIL: VltBROWN.@MIND$PRING.COM ANNIE MARSHALL MACON COUNTY SCHOOLS, GA PRONE: 912.472.5715 EMA!L: AMARSBAL@MACON.K12.GA.t;"S II HOWARD INDUSTRIES, INt. P. O.Box 1588, Laurel, MS 39441 relt~(601)425·31'1 PlCSimjlA'(601)~9-8090 June 8, 2001 Saln~ LucIe County Teå1nOIogy Committee 230C VIfV~ Avø1ue Ft. PIerce, FL 34982 Cear Commllee: The ccmmltee uked!he roIowIng questions'on Friday. June 1,2001: 1} Is there a canc:ellatlon .:b brtaI<Ing tI'IIlta8ing contraCt. with the idea that a- current Ieeses Yt'OUId silly Intact for their duratla'l. but no naw leases woW! be rfta1ed? IWNI«'. No, thele 18 not a :<:harge for canceling the contract ahead of the $cheduled end date. .. long 8S the ~ maç/ines tinlBh out 1heIr lease. 2} WlI1heAlIMll' be a scheduI~ f.. fer lIach lease? Þ.nswer: Th.-. wII not be uChechAIng fM fer any ot 1I.1e...- under this contract. For any additional CUest\0n9, please do not 1'1eSIta~ to contact Holly VIde at 1-800-747-4698 or myself at 601-422·1440. Sincerely, ~~¿¿ Steven L. Howard VIce President of Fmanc8 ~o. Box 1590 L.anl, MS 39441 601-425-8181 ....J Fu 801-399-5060 ^ ])lVlS10N 01' H'OW^1\D June 7, 2001 St. Lucie County Technology Committte 2300 Vir¡inia Avenue Pt. Pictee. FL 34982 Dear Committee Members: Howard Computers is committed to prcwidins the absolute highest quality products and servicea, Howard Computers is pleased. to offer St. Lucie County the fonowing services, support and value-added benefits me of çhar¡e with your purohase of Howard Computers' systems. ~ . Howard Technical Partrlcr.ship Program (R'I'PP) - DesianccJ to assist and enhance your technical su~rt staff by facilitating timely, coat effective, quality service in conjunction with Howard's high ItandardJ for customer satisfacdon. Some of the hi$hIights of the proy.un are: o No sub¡çription fees o Labar reimbursement for qualified incidents o Expedited PartS o Opportunity for cons1gru:nent inventory at St. Lucie County . BuUd to Specification - :En¡pneer. I1esi¡n and manufacture to your custom ipecifieations, i.e. motherbonrd.. ehip set, ¡raphiC8 card. etc. . Open Non-Proprietary 1Dcfuat.ry Standards - En¡inecr. oe.sign and JIUlI\ufact1n'e s~stcms wing open, non-proprietary indwtry staTldards. This helps to: o Lengthen product 1if~yclc o Faciliw.c upgrades o E.4se of repair and mldntenance . Howard Computers Customized Webslte - Provide a. webslte customized for St. Lucie County. Ptoviåe :::apabiliLies such as: o Access to fulllinc of Howard Computers products o On-line orècrin¡ (ele:-:Uonic PO$) o Wcbsitc pricing rcf1c':tS built-in discounts o Staff IIIlO employees èligib]e for web:\ite pricing . A¡¡et TaplI and SpeåaI 'Box Labeling o PJace asset tag andlOt serial number in BIOS electronically o SpeciaJ 'Bùx. Labelins; - Serial numbers, Order numbers, PO. BJdg and Room numbers. etc. . · Imaging o Loue. cu~lom il1".ases '-' ""'" St. Lucie County PC Replenishment Program Strategic Planning Presentation June 20, 2001 Table of Contents .' - Selection Committee - Vendors _ Presentation Schedule - PC Specifications - Program Specifications - Compaq - Hewlett-Packard - IBM - Gateway - Dell - Howard _ Annual Program Cost Comparison _ Committee Recommendation - IRCC Recommendation . \wi ...J Vendor Selection Committee The vendor selection committee was made up of: · Phill Brodeur, Committee Chair · Dennis Wetzel, IT Director · Marie Gouin, OMB Director · Jim David, MSQ Director · Jim Oliver,IT Data Systems Manager · David Johnson, IT Operations Manager · Robert Rosart, IT Network Systems Manager · Jayne Raynolds, IT NetworklDesktop Supervisor · Joseph Cimino, IT Systems Engineer Supervisor · Steve Shaw, Court Technology Officer (Jl9C) · Tanya Green, Clerk of Court Information Manager Vendors ---------- - ____ __ o-:.,-..::.::-:::__"-==-.-.:J The following vendors were sent a Request for Quote: 1. Compaq 2. Dell 3. Gateway 4. Hewlett-Packard 5. Howard 6. IBM ~ ..J Vendor Presentations Vendors who replied to the Request for Quote were scheduled to make presentations: 1. Gateway - May 21 2. Den - May 23 3. Howard - May 22 4. Hewlett-Packard - May 24 5. IBM - May 24 c j Program Specifications 1 Each vendor was asked to provide a quote based on the following criteria: 1. Meet or exceed the minimum PC specifications 2. Full Warranty and Tier 2 Self-Maintenance with cost reimbursement for warranty service 3. Vendor to pay for all shipping and replacement parts 4. Component consistency for 12 month cycle S. No refurbished units or replacement parts 6. Replace CPU unit and Operating System with comparable unit at end of year 2. 7. Restricted-access customized online order placement and tracking system for use by county departments 8. Disposal options for existing PCs 9. Fixed lease rate for whole term of program 10. program based on 400 units in FY02 with potential for more II. Program can be extended to include all agencies supported by LT. -'-- '-'" ....." Minimum PC Specifications t Pentium III 933 with - 256 MB RAM - 10 GB Hard Drive - 48X CD-ROM - 8MB Video Card - 17" Monitor, keyboard, mouse - Sound Card and Speakers - 10/100 MB Network Card - 1.44MB Floppy Drive _ Windows 2000 Professional Operating System _ MS Office 2000 Professional (Word, Excel, PowerPoint, Access) - Norton Anti-Virus . 1 Compaq Issues 1 -.-------..-- --.-- .-------------.> c Compaq did not meet the county specifications in the following areas: No Response to RFQ " '-' """ Hew/ett-Packard Issues 1 HP did not meet the county specifications in the following areas: Vendor canceled presentation and never responded to written proposal request IBM IBM did not meet the county specifications in the following areas: I. Only 3 year self-maintenance program on 4 year lease 2. $1000 additional cost for self-maintenance program 3. Tier 1 support service below what was requested in quote 4. Use refurbished replacement parts 5. Operating system not refreshed during 4 year program 6. Refresh has unknown additional costs 7. Four month component standardization 8. 30 day delivery on new PCs 9. Integrated sound and network card 10. Did not respond to request for additional information - '-' .., Gateway PC Plan l~''-' ."'it " ~-.' ~ ~::::. ~Ú:':'~:~~ ~ ~- ~- ~~ -' - - E-3400 XL j · Cost per year = $780 per unit · Total = $3120 per unit/4 yrs · $2000+ in add-on fees · $55 doc feellease schedule · No cancellation options · No end-of-lease options · Program is based on 5 year lease · We pay shipping at end oflease (approx $50 per unit) Gateway Gateway did not meet the county specifications in the following areas: I. 5 year program (3 year+2 year) instead of 4 year 2. $500 per year for self-maintenance program 3. 60 day component standardization 4. Integrated sound and network card 5. Use refurbished replacement parts 6. Operating system not retTeshed during 4 year program 7. $55 doc fee per lease schedule 8. No cancellation option 9. Return shipping at county expense (approx $50 per unit) '-" ..J Dell PC Plan f Optiplex GX-150 · Cost per year = $610 per unit · Total = $2440 per unit/4 yrs · SSS doc feellease schedule · No cancellation fees · Can renew or return at end of lease · We pay shipping at end of lease (approx SSO per unit) Dell ,- Dell did not meet the county specifications in the following areas: I. Use refurbished replacement parts 2. 90 day component standardization 3. $55 doc fee per lease schedule 4. Integrated sound and network card 5. Return shipping at county expense (approx $50 per unit) ~ ..."" Howard PC Plan · Cost per year = $458 per unit · Total = $1832 per unit/4 years · No additional fees · No cancellation fees · Can renew or return at end of lease · They pay shipping at end of lease 85800 Howard ._--"--' Howard met or exceeded all RFQ specifications '--' ....." Howard's Installed Base Florida Alabama Tennessee Louisiana Mississippi Georgia Total 500 500 2000 2000 4000 3000 12000 Annual Cost Comparison (Based on Lease Rates) . ------- ~--------- - - ----- $900 $800 $700 $600 $500 $400 5300 $200 $100 50 .------ FY02 I_ Gateway _ Dell a Howard I '-' Total Program Cost Per PC $3,500 $3,120 $3,000 $1,500 $2,000 $1,500 $1,000 SSOO $0 48 months I_ Gateway - Dell !J Howard I 'will FY02 Annual Cost Comparison (Based on_!!!!n~~1:!.,!} of 225 PCs) =~ $200,000 5180,000 5160,000 5140,000 $120,000 5100,000 $80,000 $60,000 540,000 $10,000 s- --- --.---.-.- ---- FYIn I_Gateway _Dell CHoward I 1 \...; ~ FY02 Program Cost 5350,000 S3OO,OOO $250,000 $200,000 $150,000 $100,000 $50,000 $- FYfI2 . Original Projection m Revised FY02 Projectfld Cost C Howard Proposal Committee Recommendation Based on the quality of service and support, business relationship, hardware specifications and leasing costs, the committee recommends that St. Lucie County enter into a four-year refresh lease program with Howard Computers. 1 . "'" "WI fRCC Recommendation "In summary. I see Howard Computers as a vendor that can provide quality products equal to or greater than other vendors at good prices and has the ability to service the particular needs of each client and to respond to them very quickly. I would recommend you give them an opportunity to provide your technology needs. .. Barty A. Keim, Vice President Administration and Finance IRCC June 4, 200 I Letter to Technology Committee Compu~er Contract AWârded We are excited to announce that Howard Computers has been awarded a computer contract by the Florida Community College Software Consortiwn and Miami-Dade County Public Schools. Howard offers a full line of desktops, laptops, servers, mobile carts and peripherals (printers, scanners, etc.) The Florida Community College Software Consortium and Miami-Dade County Public Schools contracts make it possible for all city and county government entities in the state of Florida to purchase top-quality. custom-built computers at discounted educational prices through Howard Computers. You can learn more about Howard, view the computer options, or configure your computer online by visiting www.howardcomputers.com. then choose 'State and local Government,' and choose 'State of Florida.' For information or pricing on quantity orders, contact the dedicated Howard representative in your area. Take advantage of these special prices by referencing the FCCSe contract number: RFP# 1-04; or the K-12 Miami-Dade County Public Schools contract: #003-AA04. <!. . . Florida, north Chandler Humphreys 1-877-856-6445/334-430-2071 (cell) chumphreys@howardcomputers.com Florida, central Holly Vida 1-800-747 -4598/863-944-2101 (cell) hvida@howardcomputers.com Florida, south Ray Oktavec 1-800-743-7305 /954-401-2432 (cell) roktavec@howardcomputers.com All purchase orders may be mailed. e-mailed or faxed to: Kelly Turner Howard Computers / P.O. Box 1590, Laurel MS, 39441 kturner@howardcomputers.com/ 601-399-5077 (fax) For COIHract details. call Okaloosa-Wallon Community College Purchasing Department at 1-850-729-5361 or ~lìa!l\i·Dade County Public Schools Technology Department 311-305·995·1364. We are very confident in our product, and especially, our customer service! j~1J.WARQ "~:.COMPUTERS \.or OFFICE OF THE ~t&t£ J',ttaru£-g NINETEENTH JUDICIAL CIRCUIT OF FLORIDA SERVING INDIAN RIVER, MARTIN, OIŒECHOBEE AND ST. LUCIE COUNTIES """ Bruce H. Colton State Attorney 411 South Second Street Fort Pierce, Florida 34950 (561) 465-3000 Fax (561) 462·1214 June 28, 200 I Mr. Doug Anderson County Administrator St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Doug: I am aware that the Saint Lucie County Information Technology Department has been evaluating a PC Replenishment Program, and would like to pass on to the Board this office's position. We are in favor of the program and would participate in it if it were available. I understand that Dennis Wetzel, after conducting the evaluations, is in favor of a company known as Howard Corporation to provide the service. Although I have no personal knowledge of the vendor, the IT Department has provided excellent service and we rely on their expertise and opinions. If the Howard Corporation is their choice, I have no problem in supporting that decision. Sincerely, þ~ BRUCE H. COLTON State Attorney BHC/cp ~ ....I j '- Thomas H. wüIìs TRIAL COURT ADMINISTRATOR Stxlte of Fforiáa. Nine:te.entfi Juáida[ Circuit MaT~ J. Godwin. DEPUTY COURI' ADMINISTRATOR ] OM J. \-I:Inill4 DEPUTY COURI' ADMINISTRATOR Lisa. SaVll9t SENIOR DEPUTY COURT ADMINISTRATOR June 21, 2001 Mr. Doug Anderson County Administrator 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Mr. Anderson: For several years most users in the Nineteenth Judicial Circuit Court have been forced to use outdated computers that have offered minimal perfonnance. These computer systems have . provided a very cheap method to get work tasks completed in an often less than desirable manner. Unfortunately the least expensive solution does not always provide the most efficient or best valued computer for the end-user in the government sector. A short list of problems associated with our current computers are listed below. · Outdated CPU (processor) - Our newest computers are already two generations old when purchased. These machines are slower and offer less perfonnance than a computer that you would buy "off the shelf' for your home. · Minimal RAM (memory) - It is not possible to run more than a couple of concurrent applications without experiencing frequent system failures. To have a word-processing application, a corporate e-mail program, and a mandatory virus checking application open at the same time is not possible on many of our current computers. · Minimal size Hard-Drive - On many computers it is no longer possible to install new software applications since there is not enough existing space left on the hard-drive. Again this is the case of a computer purchased two or three year ago that was already a few generations old when purchased initially. . . 229 Courthouse Addition . 218 South Second Street . Ft. Pierce. FL 34950 Phone: (561) 462-1472 . Fax: (561) 462·2135 rTUÛa:1. RiVtr, Martin, OWfto6ee & St. Lucie Counties '-' ..., Page 2 . No Multi-Media ability (no speakers and sound card) - For the home PC and many office environments, multi-media growth began five to seven years ago. Many computer users in my organization could benefit from training packages provided on CD-ROM or from the Internet. Current training solutions now use multi-media technology where voice instruction and audio response is built into the application. If the computer is not multi-media capable, training can not be accomplished. In this case a much more expensive training solution where students must travel to a training facility for live instruction is necessary. Unfortunately, this is not practical for most employees. . Outdated Operating System (Windows 9S and 98) - Unexplained and routine operating system failures frequently occur since the early versions of Windows are often not robust and stable enough for the corporate enterprise environment. The "New Technology" (Windows NT and now Windows 2000) operating systems provide a much more stable platform for all applications. Several months ago, Saint Lucie County Information Technology, referred to as "IT" began research to provide a better solution for computer resources for their customers. A technical committee was formed with members that wished to participate from all organizations currently supported by Saint Lucie County IT. A new computer specification was developed that took into consideration all of the above mentioned problem areas. This specification was written around an industry standard that addressed both current and short term future requirements. Next a Request For Quotation (RFQ) was distributed to vendors that requested leased pricing on the detailed specification. Several vendors submitted quotations and gave an oral presentation in Fort Pierce at the Saint Lucie County Information Technology conference room. The informational packet, oral presentation, and hardware samples from Dell, Gateway, IBM, and Howard Computers were throughly reviewed. An evaluation matrix was composed to analyze each vendor's proposal in categories including annual cost, warrantee, maintenance, equipment standardization, and overall support. After careful review, the committee has chosen Howard Computers as the best choice to provide a leased computer program to Saint Lucie County computer users. For several years I have been familiar with computer systems provided by industry leaders such as Dell, Gateway, and IBM. Prior to the presentation by Howard Computers I was reluctant to consider a relatively new, four year old, computer manufacturer as a solution provider for the Court System. After all vendor presentations, prior to committee discussion, I had selected Howard Computers as my number one choice for the following reasons: . The parent company Howard Industries has over 30 years experience in industrial manufacturing of electrical distribution equipment and is well known in the industry. '-" ..." Page 3 · The oral presentation was the most concise and professional of all vendors. · All components can be individually specified as needed by the end-user. This allows components to be industry standard, easily replaceable parts instead of proprietary vendor specific components that some vendors might provide. · Indian River Community College has recently purchased several computers from Howard and is pleased with the computers and the service provided by this vendor. · Last but not least, the price is by far the most cost effective solution submitted. This week I have just purchased thirteen new computers ftom Howard Computers as the annual 2000-2001 State Budget closes. It was very helpful to evaluate so many vendors through my participation on the teclmical committee prior to making this purchase. If the Board of County Commissioners decides to proceed with the computer lease program, I believe that Howard Computers would be the most appropriate choice to provide computers to Saint Lucie County users. The Nineteenth Judicial Circuit Court is very interested in this program as a way of provide a computer that is capable of utilizing current trechnology in the work place. Thank you for you consideration. ]Çe,~ Stephen L. Shaw Court Technology Officer Nineteenth Judicial Circuit cc Thomas Willis, Court Administrator Dennis Wetzel, Information Technology Director Phill Brodeur, Information Technology Assistant Director "Ç)aniel McIntYre -' St Lucie' Caur' Templatë.wpd ~ ' \..I~ , . ".~._..-... ...;;' . Page 1 I .....- I~ .~ -.._----_._~_._- ------- FLORIDA MUNICIPAL LEASE-PURCHASE AGREEMENT by an:ïfbèhveen Les:tur. ... ______ referred to as "Lessee"). .SE-PURCHASE AGREEMENT#Lease Number (hereafter referred to as "Agreement") dated as of Agreement Date. State corporation (herein referred to as "Lessor"), and Lessee, a political subdivision or agen,y of Government (hereinafter WITNESSETH: In consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto agree as raUaws: 1. Term and Payments. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the property described in Exhibit A hereto (hereinafter, with aU replacement pans, substitutions, proceeds, increases. additions. accessions, repairs and accessories incorporated therein or affixed thereto. referred to as the "Property") for the amounts to be paid in the sums (the "Lease Payments") and on lIIe dates (the "Lease Payment Dates") set forth in Exhibit B hereto. Except as specifically provided in Section 2 hereof, the obligation of the Lessee to make the Lease Payments called ror in Exhibit B hereto shall be absolute and unconditional in all events and shall nOl be subject to any set-off, defense, counterclaim or recoupment for any reason. The tenn of the lease hereunder shall commence upon the acceptance of possession of the Property by Lessee (or acceptance by Lessee of delivery of the first hem of Property if this Agreement involves multiple items of Property) and shaH continue until the end of the Lessee's current fiscal period and thereafter for such additional fiscal periods as are necessary to complete the anticipated total lease tenn as set forth in Exhibit a, unless earlier terminated as provided herein. Lessee wiJl evidence its acceptance of the Property by execudng and delivering to Lessor a Certificate of Acceptance (hereinafter so called) in the fonn provided by Lessor. 2. Renewal and Non-Appropriation. Lessee agrees that it will take all necessary steps and make timely requests for the appropriation of funds to make all Lease Payments called for under Exhibit a, and use its best efforts and take all steps to cause such appropriaaions to be made. In the event that (i) funds for lIIe succeeding fiscal period cannol be obtained, (ii)Lessee has exhausted all legally available means for making payment called for under lIIis Agreement. (iii) Lessee has invoked and diligently pursued all legal procedures by which payment called for under lIIis agreement may be made, (iv) such failure to obtain funds has not resulted from any act or failure to act of Lessee. and (v) no funds have been appropriated for the acquisition of such property. Lessee may tenninate this Agreement at the end of any fiscal period during the payment schedule set forth in Exhibit B by giving notice to Lessor or its successors at least sixty (60) days prior to the first day of such fiscal period for which appropriations cannot be made. Such failure to obtain proper appropriation and approval of the full amount of funds necessary to make required payments hereunder during any fiscal period subsequent to the CUITent fiscal period shall tenninate all Lessee's right, title and interest in and ob1igadans under this Agreement and to all the Property, effective on the last day of the last fiscal period for which appropriation or approval was properly obtained. J. Taxes. In addition to the Lease Payments to be made pursuant to Section I hereof. Lessor agrees to pay, as additional rent, on demand, an amount equal to all licenses, assessments. sales, use, real or personal property, gross receipts or other taxes, levies, imposts, duties or charges, if any, together with any penalties, fines, or interest thereon imposed against or on Lessor, Lessee or the Property by any governmental authority upon or with respect to the Property or the purchase, ownership, rental, possession, operation, return or sale of, or receipt of payments for. the Property. except any Federal or state income taxes. ìf any, payable by Lessor. Lessee may contest any such taxes prior to payment provided such contest does not involve any risk of sale. forfeiture or loss of the Property or any interest therein. 4. Lessee's Covenants and Representations. Lessee covenants and represents as follows: (a) Lessee represents, and will provide an opinion of its counsel to the effect that. it has full power and authority to enter into this Agreement which has been duly authorized, executed, and delivered by Lessee and is a valid and binding obligation of Lessee enforceable in accordance with its lenns, and all requirements for execution. delivery and performance of this Agreement have been, or will be, complied with in a timely manner; (b) All Payments hereunder have been, and will be, duly authorized and paid when due out of funds then on hand and legally available for such purposes~ Lessee will, to the extent pennitted by State law and athertcnns and conditions of this Agreement, include in its budget for each successive fiscal period during the term of this Agreement a sufficient amount to pennie Lessee to discharge al1 of its obligations hereunder. and Lessee has budgeted and available for the current fiscal period sufficient funds to comply with its obligations hereunder; (c) There are no pending or threatened lawsuits or administrative or other proceedings contesting the authority for, authorization of performance of, or expenditure of funds pursuant to, this Agreement; (d) Information supplied and statements made by Lessee in any financial statement or current budget prior to or contemporaneously with the Agreement are true and correct; (e) Lessee has an immediate need for. and expects to make immediate use of, substantially all the Property. which need is not temporary or expected to diminish in the foreseeable future; specifically Lessee will not give priority or parity in the appropriation of funds for the acquisition or use of any additional property for purposes or functions similar to those of the Property. (f) There are no circumstances presently affecting the Lessee thac could reasonably be expected to aher its foreseeable need for the Property or adversely affect its ability or willingness to budget funds for the payment of sums due hereunder; and (g) Lessee's right to tenninate this Agreement as specified in Section 2 hereof was not an independently bargained for consideration, but was included solely for the purpose of complying ViÎth the requirements of the laws. of the State in which Lessee is located. S. Use and Licenses. Lessee shall pay and discharge all operating expenses and shall cause the Property to be operated by competent persons on(y. Lessee shall use the Property only far its proper purposes and will not install, use, operate or maintain the Property improperly, carelessly, or in violation of any applicable law, ordinance, rule or regulation of any governmental authority, or in a manner contrary to the nature of the Property or the use contemplated by its manufacturer. Lessee shall keep the property at the lotation stated on the Certificate of Acceptance executed by Lessee upon delivery of the Property until Lessor, in writing, penn its its removal, and the Property shall be used solely in the conduct of the Lessee's operations. Lessee shall obtain, at its expense, all registrations, pennits and licenses, if any, required by law for the installation and operation of the Property. Any license plates used on the Property shall be issued in the name of the Lessee. If a certificate' of title is issuable with respect to the Property, it shall be delivered to the Lessor showing the interest of the Lessor. 6. Maintenance. Lessor shall nol be obligated to make any repairs or replacements. At its own expense. Lessee shall service, repair and maintain the Property in as good condition. repair, appearance and working order as when delivered to Lessee hereunder, ordinary wear and tear From proper use alone excepted, and shalJ replace any and all parts thereof which may from time to time became worn oul, lost. stolen, destroyed, or damaged beyond repair or rendered unfil for intended use. for any reason whatsoever. all of which replacements shall be free and clear of all liens, encumbrances and claims of others and shall become part of the Property and subject to this Agreement. Lessor may, at its option. discharge such costs. expenses and insurance premiums necessary for the repair, maintenance and preservation of the Property, and all sums SO expended shall be due from Lessee in addition to rental payments hereunder. )1At STATE OF FLORJDA MUNICIPAL-l.EASE·PURCHASE AGREEMENT 1 [Daniel M:'ntyr~~~~,~Ci~_~ty T~mp/ate. wpd ...., Page2 ---- 7. Alterations. (a) Lessee may, at its own expense, inslall or place in or on. or at..ch or affix to. the Propeny such equipment Or accessories as may be necessary or convenient to use the Property for its intended purposes provided that such equipment or accessories do not impair the value or utility of the Property. All such equipment and accessories shall be removed by Lessee upon lermination of this Agreemen~ provided that any resulting damage shall be repaired at Lessee's expense. Any such equipment or accessories not removed shall become the property of Lessor. (b) Without the written consent of Lessor. Lessee shall not make any other alterations. modificanons Dr improvements to the Property except as required or permitted hereunder. Any other alterations, modifications or improvements to the Property shall immediately become part of the Property, subject to the provisions hereof. Without the prior written consent of Lessor, Lessee shall not affix Dr attach any of the Property to any real propeny. The Property shaJJ remain personal property regardless of whether it becomes affixed or attached to real property or permanently rests upon any real property or any improvement thereon. 8. Liens. Lessee shall not directly or indirectly create. incur. assume or sutrer to exisl any mongage. securiry interest. pledge, lien. charge. encumbrance Dr claim on or with respect to the Property, ntlc thereto Dr any interest therein, except the respective rights of Lessor and Lessee hereunder. 9. Damage to or Deslruction of Property. Lessee shall bear the ennre risk of loss, damage. thell or deslruction of the Property from any and every cause whatsoever. and no loss. damage. destruction or other event shall release Lessee from the obligation to pay the fuJJ ,""OUnt of the rental payments or from any other obligation under this Agreement. In the event of damage to any item of the Property. Lessee wiJJ immediately place the same in good repair. with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any ilem of Property is losl. slolen, destroyed or damaged beyond repair. Lessee, at the option of Lessee. will either (a) replace the same with like property in good repair or (b) on the next Lease Payment Date, pay Lessor (i) all amounts then owed by Less.. to Lessor under this Agreement, including the Lease Payment due on such date, and (ii) an amount equal to the applicable Option to Purchase Value seE forth in Exhibit B. 10. Insurance. Lessee shall either be self·insured with regard to the Propcny or shall purchase and maintain insurance with regard to the Property. Less.. shall indicale on each Certificate nf Acceptance exeeuted in relation to this Agreement its election to be self-insured or company insured with regard to the Property lisled on that Certificate of Acceptance. Whether L..... is self-insured Dr company insured. Lessee shall, for the term of this Agreement, at its own expense, provide comprehensive liability insurance with respect to the Property, insuring against such risks, and such amounts as are customary for lessees of properly of a character similar to the Property. In addition. Less.. shall, for the term of this Agreement, at its own expense, provide casualty insurance with respect to the Property, insuring against CUslomary risks. coverage at all times not less than the amount of the unpaid principal portion of the Lease Payments required to be made pursuant to Section I as of the last preceding Payment Date specified in E><hibit B on which a Lease Payment was made. II insurance policies are provided with respect to the Property, all insurance policies shall be with insurers authorized to do business in the Stale where the Property is located and shall name both Lessor and Less.. as insureds as their respective interest may appear. Insurance proceeds from casualty losses shall be payable solely to the Lessor, subject to the provisions of Section 9. Lessee shall. upon request, deliver to Lessor evidence of the required Coverages together with premium receipts, and each insurer shall agree to give Lessor written notice of non-payment of any premium due and ten (10) days nolice prior to cancellation or alteration of any such policy. Lessee shall also <any and require any other person or entity working on, in or about the Property to carry workmen's compensation insurance covering employees on, iu Dr about the Property. In the event Lessee fails. for any reason, to comply with the requiremeuts of this Section, Lessee shall indemnifj¡. saVe hannless and, at Lessee's sole expense, defend Lessor and its agents, employees, officers and directors and the Propeny against all risk of loss not covered by insurance. 11. Indemnification. This section Icft intentionally blank. 12. No Warranty. EXCEPT FOR REPRESENTATIONS, WARRANTIES. AND SERVICE AGREEMENTS RELATING TO THE PROPERTY MADE OR ENTERED INTO BY THE MANUFACl1JRERS OR SUPPLIERS OF THE PROPERTY, ALL OF WHICH ARE HEREBY ASSIGNED TO LESSEE, LESSOR HAS MADE AND MAKES NO REPRESENTATION OR WARRAN1Y. EXPRESS OR IMPLIED. AND ASSUMES NO OBLIGATION WITH RESPECT TO THE TITLE. MERCHANTABILITY. CONDmON. QUALITY OR FITNESS OF THE PROPERTY DESCRIBED IN EXHIBIT A FOR ANY PARTICULAR PURPOSE OR THE CONFORMITY OF THE PROPERTY TO SPEClFlCATION OR PURCHASE ORDER. ITS DESIGN, DELIVERY. INSTALLATION OR OPERATION. All such risks shall be borne by Lessee without in any way excusing Lessee from its obligations under this Agreement. and Lessor shall not be liable to Lessee for any damages on account of such risks. All claims Dr actions on any warranty so assigned shall be made Dr prosecuted by Lessee. at its sole expense, upon prior written notice to Lessor. Lessor may. but shall have no obligatiou whatsoever to, Participate in such claim or aclion on such W!JTanty. at Lessor's expense. Any recovery under such a W3nänty shall be made payable jointJy to Lessee and Lessor. 13. Option 10 Purchase. Provided Lessee has complied with the tenos and conditions of this Agreement, Lessee shall have the option to purchase not less than all of the Property which is then subject to this Agreement, "as is" at the payment date, for the Opnon to Purchase Values set forth in E><hibit B by giving written notice to Lessor not less than si>ly (60) days prior to the date specified in Exhibit B for the exercise of such Option; provided that upon Lessee's timely payment of all Lease Payments specified in E><hibit B, Lessee shall be deemed to have properly exereised its oplion to purchase the Property and shall be deemed to have acquired all of Lesso~s right, title and interest in and to the Property, free of any lien, encumbrance Dr security interest except such liens. encumbrances or security interest as may be created, or permitted and not discharged. by Lessee but without other warrannes, Payment of the applicable Option to Purchase Value shall occur on the applicable Lease Payment Date specified in Exhibit B hereto, at which time Lessor shall. unless not required hereunder, deliver to Lessee a bill of sale transferting Lesso~s interest in the Property to Lessee free from any lien, encumbrance or securiry interest except such as may be created. or penoitted and not discharged, by Lessee but without other warranties. Upon Lessee's actual or constrUelive payment of the Option to Purchase Value aud Lesso~s actual or constructive delivery of a bill of sale covering the Property. this Agreement shall tenoinate except as to obligations or liabi]ilies accruing hereunder prior to such tennination. 14. Derault and Lessor's Remedies. (a) The occurrence of one or more of the following events shall constitule an Event of Default. whether occurring voluntarily or involuntarily, by operation of Jawor pursuant to any order of any court or gO....ernmental agency: (I) Lessee fails to make any payment hereunder when due or within ten (10) days thereafter; '" Lessee fails to comply with any other covenant. coudition or agreement of Lessee hereunder for a period of the thirty (30) days after notice thereof; ¡JJ Any representation or warranty made by Lessee hereunder shaH be untrue in any material respect as of the date made; (~ Lessee makes. pennits or sutrers any unauthorized assignmen~ lransfer Dr other disposinon of this Agreement or any interesl herein, or any part of the Property or any interest Iherein; or STATE OF FtORJCA MUNICIPAL LEASE·PURCHASE AGREEMENT 2 tDanief MClntYr~.:jt. LU~~.~.Vemplate.WPd ¡ , ,. ¡ I i ! .. Ii :~.'~:: '~Page ~ --------- ~--_._--_._--_._--~ - -._-~--~- (5) Lessee becomes insolvent; or admits in writing its inability to pay its debts as they mature; or applies for, consents to or acquiesces in th.c appointment of a trustee, receiver or custodian for the Lessee or a substantial part of its property; or, in the absence of such application, consent or acquiescence, a trustee, receiver or custodian is appointed for Lessee or a substantial part of its property and is not discharged within si'l:ty (60) days; or any bankruptcy, reorganization, debt arrangement. moratorium, or any proceeding under any bankruptcy or insolvency law, or any diSSOlution or liquidation proceeding is instituted by or against Lessee and. if instituted against Lessee, is consented to or acquiesced in by Lessee or is not dismissed within sixty (60) days. (b) Upon the occurrence of any Event of Default specified herein, Lessor may. at its sole discretion. exercise any or all of the ] following remedies: (I) Take possession of the Property, without demand or notice and without court order or any process of law, and remove and relet the same for Lessee's account. in which event Lessee waives any and all damages resulting therefrom and shall be liable for all costs and expenses incurred by Lessor in connection therewith and the difference, if any. between tbe amounts to be paid pursuant to Section 1 hereof and the amounts received and to be received by Lessor in connection with any such reletting; (]) Terminate this Agreement and repossess the Propeny. in which evènt Lessee shall be liable for any amounts payable hereunder through the date of such termination and all costs and expenses incurred by Lessor in connection therewith: CJ) Sell the Property or any POniOR thereof for Lessor's account at public or private sale, for cash or credit. without demand on notice to Lessee of Lessor's intention to do so, or relet the Property for a term and a n:ntaJ which may be equal to, greater than or less than the rental and tenn provided herein. [f the proceeds from any such sale or rental payments received under a new agreement made ror the periods prior to the expiration of this Agreement are less than the sum of (I) the costs of such repossession, sale. relocation, storage. reconditioning. reletting and reinstalladon (including but not limited to reasonable attorneys' fees). (II) the unpaid principal balance derived tram Exhibit B as of the last preeeding Lease Payment Date specified in Exhibit B, and (iIi) any past due amounts hereunder (plus interest on such unpaid principal balance at the mte specified in Section 19 hereof. prorated to the date of such sale), all of which shall be paid to Lessor, Lessor shall retain all such proceeds and Lessee shall remain liable for any deficiency; or (4~ Pursue and exercise any other remedy available at law or in equity, in which event Lessee shall be liable for any and all costs and expenses incurred by Lessor in connection tberewith. "Costs and expenses," as that tenn is used in this Section 14, shall mean, to the extent allowed by law: (i) reasonable attorneys' fees if this Agreement is referred for collection to an anorney not a salaried employee of Lessor or the bolder of this Agreement; (ii) court costs and disbursements including such costs in the event of any action necessary to secure possession of the Property; and (Iii) actual and reasonable out-of·pocket expenses incurred in connection with any repossession or foreclosure, including costs of storing, reconditioning and reselling the Property, subject to the standards of good faith and commercial reasonableness set by the applicable Uniform Commercia) Code. Lessee waives all righls under all exemption laws. (I) Under no circumstances shall Lessee be liable under this subsection 14 (b) for any amount in excess of the sum appropriated pursuant to Section 1 hereof for the previous and CUlTcnt fiscal years, less all amounts previously due and paid during such previous and current fiscal years from amounts so appropriated. 15. Termination. Unless Lessee has properly exercised its oplion to purchase pursuant to Section 13 hereof. lessee shall. upon the expiration of the term of this Agreement or any earlier termination hereof pursuant to the terms of this Agreement. deliver the Property to Lessor unencumbered and in at least as good condition and repair as when delivered to Lessee. ordinary wear and tear resulting from proper use alone excepted. by loading the Property. at Lessee's sole expense. on such carrier. or delivering the Property to such location, as Lessor shall provide or designate al or within a reasonable distance from the general Ioc:ation of the Property. If Lessee fails to deliver the Property to Lessor, as provided in this Seclion 15. on or before the date of termination of this Agreement, Lessee shall pay to Lessor upon demand, for the hold-over period, a portion of the total payment for the applicable period as set forth in Exhibit B prorated from the date of tennination of this Agreement to the date Lessee either redelivers the Property to Lessor or Lessor repossesses the Property. Lessee hereby waives any right which it now has or which might be acquired or confeITed upon it by any law or order of any court or other governmental authority to terminate this Agreement or its obligations hereunder, except in accordance with the express provisions hereof. 16. Assignment. Wirhout lessor's prior written consent. Lessee will not either (i) assign, transfer~ pledge, hypothecate, grant any secuñty interest in or otherwise dispose of this Agreement or the Property or any interest in this Agreement or the Property; or (if) sublet or lend the Property or permit it to be used by anyone other than Lessee or ussee's employees. Lessor may assign its rights, tide and interest in and to this Agreement, the Property and any other documents executed with respect to this Agreement andlor grant or assign a security interest in this Agreement and the Property. in whole or in part. Any such assignees shall have all of the rights of Lessor under this Agreement. Subject to the foregoing, this Agreement inures to the benefit of and is binding upon the heirs, executors, administrators. successors and assigns of the parties hereto. No assignment or reassignment of any of Lcssor's rights, title or interest in this Agreement or the Property shall be effective with regard to Lessee unless and until Lessee shal1 have received a copy of the document by which the assignment or reassignment is made, disclosing the name and address of such assignee. No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge receipt of such assignments in writing if so required. During the tenn of this Agreement, Lessee shall keep a complete and accurate record of all such assignments in fann necessary to comply with the United States Internal Revenue Code of 1986, Section 149 (a). and the regulations, proposed or existing. from time to time promulgated thereunder. 17. Personal Property. The Property is and shall at all times be and remain personal property. 18. Title. Lessor shall have title to the Property during the term of this Agreement. Upon payment of all sums due hereunder to Lessor, Lessor shall convey dtle to the Property to Lessee. 19. Lessor's Right to Perlorm for Lessee. If Lessee fails to make any payman or perform or comply with any of íts covenants or obligations hereunder. Lessor may, but shall not be required to. make such payment or perfonn or comply with such covenants and obligations on behalf of Lessee, and the amount of any such payment and the expenses (including but not limited to reasonable attorneys' fees) incurred by Lessor in performing or complying with such covenants and obligations, as the case may be, together with interest thereon at the highest lawful rate. shalt be payable by Lessee upon demand. 20. Interest on Default. If Lessee fails to pay any Lease Payment specified in Section I hereof within ten (10) days after the due date thereof, Lessee shall pay to Lessor interest on such delinquent payment from the due date until paid at the highest lawfuJ rate. 21. Notices. Any notices to be given or to be served upon any party hereto in connection with this Agreement must be in writing and may be given by certified or registered mail, and shall be deemed 'to have been given and received fortyoo¢ight (48) hours after a registered or cenified letter containing such nOlice. postage prepaid, is deposiled in the United States mail, and if given olherwise shall be deemed to have been given when delivered to and received by the pany to whom it is addressed. Such notice shall be given 10 the parties at their respective addresses designated on the·signature page of this Agreement or at such other address as either party may hereafter designate. 22. No Security Interest. In order to comply with the law of the State, Lessee is not granted a security interest in the Property. However, Lessee agrees to cooperate in filing this Agreement. if requested, as notice of its existence and the retention orticle by Lessor in the Property. STATE OF FLORIDA MUNICIPAL LEASE-PURCKASE AGREEMENT 3 ,I DanierMclntyre~ St. Lucie êO\....Templãìë':"wPd ~~ . . - p ... vi ....-._-~_. ! --_.~-~ --.----- ------- 23. Tal. Exemption. Lessee cenifies that iI does reasonably anbclpare that nor more than SIO,OOO,OOO of "qualified tax-e~empl obligations: as that t.no is d.fin.d in Section 265 (b) 3 (D) of the Internal Revenu. Cod. of 1986 ("th. Cod."), will be issued by it and any subordinate entities during Issue Year Further, Lessee designalcs this issue as comprising a portion of the S10 million in aggregate issues to be designated as "qualified tax ex.mpt obligations" eligibl. for the exc.ption contained in S.ction 265 (b) 3 (D) of the Cod. allowing for an .xception to the g.neral rul. of the Cod. which provides for a total disallowance of a deduction for interest expense allocable to the carrying afru: exempt obligations. 24. Miscellan...... (a) Less.. shall. when.v.r r.quest.d, advise Lessor of the exaCt locarion and condition of the Property and shall give the L.ssor immediate notice of any attachment or other judicial process affecting the Property. Lessor may, for the purpose of inspection, at all reasonable times enter upon any job, building or place where the Property and the books and records of the Lessee with respect thereto are located. (b) Lessee agrees to .quitably adjust the payments payable under this Agreement if there is a detennination for any reason thaI the inten:st payable pursuant to this Agreement (as incorporated within the scbedule of payments) is not excludable from income in accordance with the IntcmaJ Revenue Code of 1986, as amended. such as to make Lessor and its assigns whole. (c) Time is of the essencc. No covenant or obligations hereunder to be performed by lessee may be waived except by the written consent of Lessor, and a waiver of any such covenant or obligation or a forbearance to invoke any remedy on any occasion shall not constitute or be treated as a waiver of such covenant or obligation as to any other occasion and shall not pr«ludc Lessor from invoking such remedy at any later time prior to Lessee's CUTI: of the condition giving rise to such remedy. Lessor's rights hereunder are cumulative and not alternative. (d) This Agr..m.nt shall be construed in accordance with, and governed by. Ih. laws of the State in which the Property is locat.d. (e) This Agreement constitutes the entire agreement between the parties and sball nOI be modified. waived, discharged, tenninaled, amended, altered or changed in any respect except by a written document signed by both Lessor and Lessee. (f) Any lenn or provision of this Agreement found to be prohibited by law or unenforceable shall be inetTective to the extent of such prohibition or unenforceability without, to the extent reasonably possible, invalidating the remainder aflhis Agreement. (I) The Lessor hereunder shall have the right at any time or times. by notice to Lessee:" to designate or appoint any person or entity to act as agent or trustee for Lessor for any purposes hereunder. (h) All transportarion charges shall be born. by Lessee. Lessee will immediately notify Lessor of any cnang. occurring in or to the Property. of a change in Lessee's address. or in any fact or circumstance warranted or represented by Lessee to Lessor, or if any Event ofDefauJt occurs. (i) Use of the neuter gender hercin is for purposes of convenience only and shall be deemed to mean and iDclude the masculine or fem¡nine gender whenever and wherever appropriate. U) The captions set forth herein are for convenience of reference only and shall net define or limit any of the tenns or provisions hereof. (k) Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respcctive heirs, exctutors, administralcrs.legal representatives. successors and assigns, where pennitted by this Agreement. IN WITNESS WHEREOF. Ihe parti.s nave .xecuted this Agreement as of the day of in the year _. LESSOR: Lessor ATTEST SIONUURE.: I"ftINTE.D NNM.: BY: Lessor/AgenVTitle PRINT!.OTITt.E Lessor's Address LESSEE: Lessee ATTEST SIGNATURE PRtNTeD NAME: ". LesseelAgenVTiUe ~INTeD-nTlE Lessee's Address STATE OF FLQRJDA MUNICIPAL tEASE.PURCHASE AGREEMENT 4 i Öaniel Mclntyrè": 51. Lucie Cour: . . Templàte.wpd ... -_. . . ,. '--". .,~. .\.,.¡' ...~~._,--~~~, . . .., Þage [J ----.- - ._-_.~ - ._-~--_._-~--- ----- ---- ~ ".--- - --------- .~--- EXHIBIT A DESCRIPTION OF PROPERTY MUNICIPAL LEASE·PURCHASE AGREEMENT (TIlE "AGREEMENT") BY AND BETWEEN LESSOR, Lessor .nO LESSeE, Lessee Dated as of Agreement Date QTY DESCRIPTION EQUIPMENTCAP as follows PROPERTY LOCATION: Property Location I STATE OF FLORIDA MUNICIPAL LEASE-P\JRCHASE AQREEMENT 5 ,',Daniel Mclntyre-St. Lucie Co~it ;emplate.wpd ~- ^ ~ .- Page 6J ----~~.. ..J ----...- _.- ..-. --- .-" ..--- EXHIBIT B SCHEDULE OF PAYMENTS STATE OF FLORIDA MUNICIPAL LEASE-PURCHASE ACiREEMENT 6 ìpaniel Mcln~;:e:-St.-Cûcie dour" -emplate.wpd ..~,~.~_"""""".......~_.____~._.*.." . ~~' U.,' .~.._._._. " , . Pà9ë7J .~.~.-------.;...~ ...J . INCUMBENCY, INSURANCE, AND ESSENTIAL USE CERTIFICATES MUNICIPAL LEASE-PURCHASE AGREEMENT (THE "AGREEMENr1 BY AND BE1WEEN LESSOR, Lessor and L£SSEE, Lessee Dated as of Agreement Date I, Secretary, (NAME), do hereby certify that I am the duly elected or appointed and acting Secretary Title (Keeper of the Records) (TITLE), of Lessee, a political subdivision or agency duly organized and existing under the laws of the State of Lessee's State, that I have custody of the records of such entity, and that, as of the date hereof, the individual(s) named below are the duly elected or appointed officer(s) of such entity holding the office(s) set forth opposite their respective name(s). I further certify that (i) the signature(s) set opposite their respective name(s) and title(s) are their true and authentic signature(s), and (ii) such officers have the authority on behalf of such entity to enter into that certain Municipal Lease-Purchase Agreement dated as of Agreement Date, between such entity and Lessor. NAME TITLE SIGNATURE I p<:<:ppIAgpntlTitlp IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal of such entity hereto this day of ,_' BY: Secretary, Secretary Title LESSEE (the "Lessee") is self-insured with respect to all of its insurance risks, which risks include, but are not limited to, the Property which is the subject matter of the herein mentioned Municipal Lease-Purchase Agreement, dated Agreement Date. LESSEE ("Lessee") further states that should LESSEE ("Lessee") cease to be self· insured, LESSEE ("Lessee") will either purchase insurance or provide insurance under its then acquired master policy. [n the event LESSEE ("Lessee") should cease to be self-insured, this certificate shall become null and void and LESSEE ("Lessee") shall immediately notify Lessor by return mail, return receipt requested, of such change and shall comply in full with the requirements to obtain insurance, as contained in the Municipal Lease-Purchase Agreement, by obtaining insurance on the equipment in the form of a single policy, or under a master policy. I, Lessee/AgentfTitle, of Lessee ("Lessee"). hereby certify that the Equipment, to be leased to the undersigned under the certain Lease Agreement, dated as of Agreement Date, between such entity and Lessor ("Lessor"), will be used by the undersigned Lessee for the following purpose: The undersigned hereby represents that the use of the Equipment is essential to its proper, efficient and economic operation. IN WITNESS WHEREOF, I have set my hand this day of '-' 51 ATE OF FLORlDA MUNleJPAL LEASE·PURCHASE AGREEMENT 7 t:¡aniel MCln~- St~TlJC1eCòu;~.,;ernplêlte.wpd . ~: ....-~ ~:: - På.ge 8J _._-_._---_._..--~----- -----------_._-~--_._.-- 8"" LESSEE: LesseeJAgentITitle FOR LESSEE: Lessee STATE OF FLORJDA MUNICIPAL LEASE·PURCHASE AGREEMENT . '-~'-----------. 8 ¡Daniel Mdntyre- 51. Luc::ieCour" Ten,plate.wpd..·. '- . "~ ~~- -,' , , ' . "---~--~-..I - - ----. --- CERTIFICATE OF ACCEPTANCE MUNICIPAL LEASE-PURCHASE AGREEMENT (THE 'AGREEMENT") BY AND BETWEEN LESSOR, Lessor and LESSEE, Lessee Dated as of Agreement Date I. ACCEPTANCE: In accordance with the Agreement, lessee hereby certifies that all of Ihe Property described herein (i) has been received by Lessee. (ii) has been thoroughly examined and inspected to the complete satisfaction of Lessee, (iii) had been found by Lessee to be in good operating order, repair and condition, (iv) has been found to be of the size. design, quality, type and manufacture specified by Lessee, (v) has been found to be and is wholly suitable for Lessee's purposes, and (vi) is hereby unconditionally accepted by Lessee, in the condition received, for all purposes of this Agreement. 2. PROPERTY: Equipment, see Exhibit A herein for delail 3. USE: The primary use ofthe Property is as follows: 4. PROPERTY LOCATION: Property Localion 5. INVOICING: Invoices shaJI be sent to the fonowing address, including to whose aUention invoices should be directed: 6. INSURANCE: Lessee certifies that property and iiabiWy insurance have been secured in accordance with the Agreement and such coverage will be maintained in force for the tenn of the Agreement. Lessor will be designated as loss payee until Lessee is notified, in writing, to substitute a new loss payee. _ Company Insured _ Election to self-insure ín accordance with Section 10 of the Agreement. 7. MAINTENANCE: In accordance with Section 6 of the Agreement. Lessee agrees to. at its own expense, service, repair and maintain the Property for the tenn orthe Agreement as follows: _ Maintenance Contract _ Election to self-maintain BY LE:SSE:E: Lesseel AgentfTitle FORLESSEE: Lessee ACCEPTED on this the day of ST ^ TE OF FLORI DA MUNICIPAL LEASE·PURCHASE AGREEMENT " ~age ~J --~ 9 ~. Dan[elMclntyre - St. Lucie Cou~ .. "'emplate.wpd -- ... .. ~~~-'-----~'-_. , ' . Page fQ] .....,~~----- ---- -~- STATE OF FLORIDA MUNICIPAL LEASE-PURCHASE AGR.EEMENT 10 - ¡ ,....-...,..~...........,.,,~...'. ".._,-~.~......'... --',. : Daniel Mcintyre - St Lucie Caur¡' -emplate.wpd __ _c_~"=. .. ,.' '-' . ' . ~..¡ _~ Page 1Ð .-~-----_. --_._----_.._~------ -~---- ~ .__._- .- [to be retyped on letterhead of lessee's counsel] Lessor Attention Ms. D. Lafoon Lessor's Address RE: Municipal Lease-Purchase Agreement dated as of Agreement Date: Dear Lessor, I have acted as Counsel to Lessee with respect to that certain Municipal Lease-Purchase Agreement dated as of Agreement Date, by and between Lessor as Lessor and Lessee as Lessee. I have reviewed the Agreement and such other documents, records and certificates of Lessee and appropriate public officials as I have deemed relevant and am of the opinion that: I. The Lessee is a political subdivision or agency of the State of Lessee's State with the requisite power and authority to incur obligations, the interest on which is exempt from taxation by virtue of Section 103(a) of the Internal Revenue Code of 1986; 2. The execution, delivery and perfonnance by the Lessee of the Agreement have been duly authorized by all necessary action on the part of the Lessee; and 3. The Agreement constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms. 4. The above opinions may be relied upon by the Lessee, Lessor, or its Assigns. Sincerely, Attorney at Law STATE OF flORIDA MUNICIPAL LEASE.PURCHASE AGREEMENT 11 -. : Daniel Mcintyre - 81. Lucie tour' Template.wpd . .. -- ,~, . ., ,-",_ ·,~~~_.~o..___~_ . ' . ...1---- ~_. Page 1~ ~ -------_. - -----~------_._---- RESOLUTION # A RESOLUTION REGARDING A LEASE PURCHASE AGREEMENT FOR THE PURPOSE OF PROCURING EQUIPMENTCAP. WHEREAS, Lessee desires to enter into that certain Lease-Purchase Agreement dated as of Agreement Date, by and between Lessee and Lessor, for the purpose of procuring Equipment. The DistrictlCityfTownlAgency desires to designate this Agreement as a "qualified tax exempt obligation" of the DistrictlCityfTownlAgency for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. The DistrictlCityfTownlAgency desires to designate LesseeJAgenVTitle, as an authorized signer of the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF THE LESSEE: Section 1. That the DistrictlCityfTownfAgency enter into a Lease Purchase Agreement with Lessor for the purpose of procuring Equipment. Section 2. That the Lease Purchase Agreement dated as of Agreement Date. by and between the Lessee and Lessor is designated by the DistrictlCityfTown/Agency as a "qualified tax exempt obligation" for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. Section 3. That the DistrictlCityfTownlAgency designates LesseeJAgentITitle, as an authorized signer of the Lease Purchase Agreement dated as of Agreement Date, by and between the Lessee and Lessor. PASSED AND APPROVED by the Board of the Lessee in a meeting held on the of day '-" Signature Printed Name Board President Printed Title ATTEST: Signature Printed Name Board SecretarY Printed Title STATE OF FLORJDA MUNICIPAL lEASE-PURCHASE AGREEMENT 12 ! Daniel MClntYre:StLucièCoun~' Template.wpd. .... ._~-- ~-_.~--- . '--'---~--~-~---'--- """~- Page 1]J ---._-------- - .._____~ H__~_ ESCROW AGREEMENT MUNICIPAL LEASE·PURCHASE AGREEMENT (THE ·AGREEMENr') BY AND BEìWEEN !.ESSOR, Lessor and LESSEE, Lessee Dated as of Agreement Date THIS ESCROW AGREEMENT (the "Agreemenr) is made and entered into as of Agreement Date, (·Agreement Date") by and among Lessor Ç'Lessor"), Lessee Ç'LesseeÎ and rAgenn. WIT N E SSE T H: WHEREAS. Lessor and Lessee have entered into a certain Municipal Lease-Purchase Agreement dated as of Agreement Date, (the "Lease" pursuant to which the property more particularly described therein (the "Equipment") will be leased to the Lessee under the terms stated in the Lease: WHEREAS, Lessor and Lessee desire to make funding arrangements for the acquisition of the Equipment, and Agent agrees to serve as escrow agent for such funding and acquisition; NOW THEREFORE. in consideration of the mutual agreements and covenant herein contained and for other valuable consideration, the parties hereby agree as follows: ,. Agent shall undertake the duties and obligations of escrow agent as set forth in this Agreement Agent shall not be deemed to be a party to the Lease. 2. Lessor has delivered to Agent the sum of $Lease Amount rEscrow Amount") for deposit by Agent in the Lessee Escrow Account (the "Fund". The Fund will be administered by Agent pursuant to the terms of this Agreement. 3. Deposits in the Fund shall be used to pay for the acquisition of the Equipment The Equipment may be acquired as individual items or as groups of items. Agent shall make disbursements from the Fund in payment for the acquisition of each item or group of items of the Equipment promptly upon receipt of a prope~y executed Payment Request Form, in the form attached hereto as Exhibit "A", for that portion of the acquisition of the Equipment for which payment is requested. Upon full acquisition of an item or group of items of the Equipment, any remaining cost of such item or group of items shall be disbursed promptly by the Agent upon receipt of a properly executed Acceptance Certificate and a corresponding Payment Request Form in the form attached hereto as Exhibit ·A·, for that portion of the Equipment for which payment is requested. Payment by Agent shall be to the payee shown on the Payment Request Form. 4, Agent will invest the Fund, as specified by Lessor, in general obligations of the United States or in obligations fully insured by the United States or in certificates of deposit of a bank which is either fully insured by an agency of the federal govemment or fuliy cotlateralized by such federal or federally guaranteed obligations. Agent will retain in the Fund all eamings from investment of the Fund until termination of the Fund pursuant to Section 5 hereof. 5. Upon execution of one or more Certificates of Acceptance by Lessee and payment of acquisition costs by Agent for all the Equipment, this Agreement and the Funds shall terminate, and Agent shall transfer to Lessor ali remaining sums in the Fund. If not terminated earlier, this Agreement and the Fund shall terminate on Termination Date. ("Termination Date'} In this latter event, Interest accrued pursuant to investment of the Fund under the terms of Section 4 hereof and all remaining principal in the Fund shall be transferred by Agent to Lessor; Exhibit "A" attached to the Lease shall thereupon be revised to delete any nonacquired portions of the Equipment and to substitute an amended amortization payment schedule to renect the reduced acquisition costs. 6. Lessor and Lessee may by written agreement between themselves remove the Agent, at any time and lor any reason, and appoint a successor escrow agent. Such removai shall not be effective until thirty (30) days after written notice thereof if provided to Agent. 7. Agent may at any time and for any reason resign as escrow agent by giving written notice to Lessor and Lessee of its intention to resign and of the proposed date of resignation. which date shall be not less than thirty (30) days after giving Lessee and Lessor written notice 01 intent to resign, nor less than thirty (30) days after being appointed by Lessor and Lessee. 8. Agent shall have no obligation under the terms of this Agreement to make any disbursement except from the Fund. Agent makes no warranties or representations as to the Equipment or as to performance of the obligations of Lessor or Lessee under this Agreement or the Lease. 9. This Agreement may be amended by written agreement executed by all the parties. , O. This Agreement may be executed in several counterparts, each of which shall be an original. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ST"TE OF F1.0RJDA MUNICIPAL LEASE-PURCHASE AGREEMENT 13 ~ Daniel MèTñtŸre--~il:'~cie Coun' Template.wpd . ~,,-~ .' .. - '~\...r ".. . ., -~~~~- . '. :.J' '~ 'Page 1iJ .._--~---_._- ---~ ~ .--.- LUSOA: Lessor IN LessorlAgenVTitle LESSf.E Lessee IN' Lessee/AgentlTitle AGENT': IV: Agent Rep, Agent Rep Title STATE OF FLORIDA MUNICtPAL. LEASE.PURCHASE AGREEMENT 14 r Daniel Mcintyre - St Lucie Cour· ···Template.wpd --~~~~\...' .. , .' ~-~-~- ::; . - - .:: p'age 1 [J -----------~-- _.____._____.__~_____._._ _0- --'--.-'-- EXHIBIT A AND ATTACHMENT 1 MUNICIPAL LEASE-PURCHASE AGREEMENT (THE "AGREEMENT') BY AND BElWEEN LESSOR, Lessor .... LESSEE, Lessee Dated as of Agreement Date PAYMENT REQUEST FORM acting as escrow agent (tbe "Agent'") under the Escrow Agreement dated as of Agreement Date, Escrow Date) by and among the Agent. Lessor as Lessor and Lessee as Lessee, is hereby requested 10 pay to Ihe person or corporation designated below as Payee the sum set forth below in payment of the acquisition and installation costs of the equipment dcKribed below. The amount shown below is due and payable under the in'Voice of Payee with respect to the descñbed equipment and has not fonned the basis any prior request for payment. PAYEE; AMOUNT: DESCRIPTION OF EQUIPMENT: DATED: Indicate Method lor Payment Disbursement: _ Overnight Check _ Regular Mail Check Wire Funds Mailing Address: Wire Instruclions: LUS[!: Lessee: BY Lessee! AgentfIïtle LLSSOl. Lessor BY "'....wE: STATE OF FlORJDA MUNICIPAL LEASE·PURCHASE AGREEMENT 15 ¡ Daniel ~'cln~St. LLJcieCOur' Template.wpd ... . .. ,. ~--~~=. """"...,~,,,,~~~.,-_.~_...,.....,... _.~.__. ....r -- ----------.---- , --------.- -----------._- mu ACCEPTANCE CERTIFICATE Lessee as Lessee under that cartain MUNICIPAL LEASE-PURCHASE AGREEMENT dated as of Agreement Date, "Agreement Datei (the "Lease"), hereby acknowledges receipt in good condition of all the equipment described on the attached Exhibit "A," hereby accepts such equipment and hereby certifies that Lessor has fully and satisfactorily performed all covenants and conditions to be performed by it under the Lease with regard to such equipment. that such equipment is fully insured in accordance with Section 10 of the Lease and that such equipment constitutes all or a portion of the Equipment as that term as defined in the Lease. Date: liSSIE; Lessee ~-' "', LesseelAgenVTitie ST^TE OF F1..0RlDA MUN1CIPAL LEASE-PURCHASE AGREEMENT . page 1 ~ 16 ~ Daniel Mcintyre - Howardcompute~ Lease Agreement .. " I '-' "_. '-I From: To: Date: Subject: "Leedy, Bill" <BLEEDY@hough.com> 'Dan McIntyre' <danm@stlucieco.gov>, 'Doug Anderson' <douga@stlucieClgOv> 6/28/01 10:58AM Howard Computer Lease Agreement Dan and Doug-I have received some correspondence on Dennis Wetzel's computer project and the accompanying lease arrangement I didn't know what if anything you might need from me.The 5.222% is a pretty attractive rate in light of the fact that St Lucie County is PROBABLY going to borrow slightly more than $10,000,000 tax-exempt in calendar 2001 and therefor not be able to do "bank qualified" borrowing. BO rates currently are in the 4.6%-4.7% range,but NBO is around 5.9% or so. Based on that,1 told Dennis that his deal with Howard Leasing seems quite favorable and he should recommend it to the Board.lt doesn't make sense to go throught the motions of a bank loan RFP if we know we are going to get approximately 5.9% and we know we can do 5.222% with Howard. Bill Leedy William R. Hough & Co. 225 East Robinson Street,Suite 465 Orlando,FL 32801-4322 PH (407)422-5161 FX (407)422-5659 E-ML: bleedy@hough.com :--\~:-~- ~ .:. . ~ ..' ~-'...,,_.. . JIJ:- _ ---=..,-~" . f" ~ c"''' : ..~: ..~:-:....~":... BOARD OF COUNTY COMMISSIONERS ~tO .' ~ PARKS & RECREATION Memorandum (Progress of New Directives) July 10th BOCC Meeting TO: FROM: DATE: SUBJECT: Board of County Commissioners Regional RecreationlParks Needs Team July 5, 2001 New Directives Update Based on comments and discussion from the June 11 BOCC meeting, the committee has compiled the following list of directives with responses. 1. Securing Professional Services- Advised to contact Glatting & Jackson and request a meeting with the commissioners individually to determine scope of services. Conduct an additional needs assessment to include input from volunteer groups. Response: A proposalfrom Glatting Jackson has been received and forwarded to the County Attorney's officefor review. Staffis anticipating 2a. Request for Proposals- Advised to put together an RFP to identify parcels of land that are appropriate for parks (l00-150 usable acres). The RFP should solicit JOHN D. ß~UHN. Disrrlcr Nol . DOUG COWA~D, District No.2· PAULA A. LEWIS Distrier No. J . FRANNIE HUTCHINSON. District No.4. CLIFF ßA~NES District No 5 Counry Adminisrroror - Douglos M_ Anderson 2300 Virginia Avenue · Phone (561) 462-1515 . TDD (561) 462-1428 .- ~ ..., proposals from those property owners who currently do not have their property listed for sale. as well as. those that do. Response: The RFP was distributed on June 29th and proposals will be accepted until 2:30 PM on Wednesday, August 1, 2001. At such time as the proposals are opened, staff will compile the information and provide a report to the BOCC 2b. Advised to put together an RFP for design/build (plans, permitting, construction and sale). "Turn Key" Response: After negotiations for the Continuing Services Agreement are complete and public input has been received, staff will be better informed as to what criteria and specifications the RFP should contain. 3. Revisit the Airport Property- Determine if any of the airport property can be used for a regional park and the associated costs. Response: Information was provided to the Commissioners with the June 19'h update. Staff is awaiting comment and/or direction from the Board 4. Supervisor of Elections/Legal aspects- Determine the latest possible date to put a referendum on the ballot and the associated costs. Response: Information was provided to the Commissioners with the June 19'h update. Discussion was held at the June 25 BOCC meeting. It was agreed that the Board would be more prepared to decide the referendum date in a couple of weeks. As directed, staff contacted David Barth from Glatting Jackson to obtain his professional opinion and history on how voter turnout might affect the passing of this referendum. Although Mr. Barth cannot provide us with statistical data, his sense is that a larger voting percentage, which usually occurs during a regular/general election, is preferred In his experience, those voters who are against a referendum will make the effort to come out and vote. An example of this, are senior citizens who are usually against additional taxes and have a history of voting more regularly. Staff also spoke with Gertrude Walker, Supervisor of Elections, who stated that Mr. Barth had provided us with some very accurate information and concurred with his 2 '" -.I assessment She stated that we would probably need to present the referendum during a general election to receive a favorable response. Mrs. Walker also provided statistical information on voter turnout. C: Doug Anderson, County Administrator Dan McIntyre, County Attorney Millie Delgado, Recording Secretary '" 3