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HomeMy WebLinkAboutAgenda Packet 08-28-01 , '-' ..., AUGUST 28, 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 COllllllent (3) if a public hearing, the Chairman 'vill 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. !vŒETINGS- 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 accollllllodation 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 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA August 28, 2001 9:00 A.M. INVOCA nON PLEDGE OF ALLEGIAl'fCE 1. MINUTES Approve the minutes of the meeting held August 21,2001./ 2. Pl}OCLArvIATIONS I PRESENTATIONS I ANNOUNCEMENTS r 1. FDOT Presentation - The Florida Department of Transportation will present V· an overview of the State Road 70 (Okeechobee Road) Widening Project , /. . through St. Lucie County. V The Board will discuss Enforcement of the Noise Ordinance. C. /Announcement / The St. Lucie County Legislative Delegation will meet // Thursday, October 18, 2001 from 9:00 am to 5:00 pm in the County /' Commission Chambers. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBUC HEARINGS SA. There are no public hearings scheduled for August 28, 2001. End of Public Hearings NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to app.eal any action taken by the Board at tlìese meetings will need a record of the proceedings and-for such purpose may neeä to ensure that a verbatim record of the proceedings is made. Upon the reguest of any party to the proceedings. mdividuals testifying during a hearinE will be sworn in. Any party to the proceedmgs will be granted the opportunity to cross-examine any indivlaual testi!ying during a hearin!cupon request. Anyone with a disability. re!= uirinit accommodation to attend this meeting should contact the St. luciel:ounty Community Services Manager at (561) 462::] 777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. "",. """ REGUlAR AGENDA AUGUST 28, 2001 PAGE TWO íi¡/ ~f 6. kORT . rI Florida Department of Transportation (FDOT) ] oint Participation Agreement A n ~o (JPA) - Consider staff recommendation to accept the agreement, and V.J authorize the Chairman to execute the ]FA and Resolution No. 01-192 ~\" authorizing the Chairman to sign the agreement, and accept the Federal V' Aviation Administration (FAA) grant for the preparation of the Environmental Assessment for the proposed new parallel runway 9L/27R at St. Lucie County International Airport. The FDOT Grant provides for S63,SOO and the FAA grant provides $1S0,000 of the $277,000 total project cost. ' Scope of Work Approval - Consider staff recommendation to approve the Scope of Work with HNTB for $277,000 for the preparation of the Environmental Assessment for the proposed new parallel runway 9L/27R at St. Lucie County International Airport. 7. COUNTY ATTORNEY Resolution No. 01-191 - Consider staff recommendation to adopt the resolution concurring with the six county Coalition for Responsible Management of Lake Okeechobee and the St. Lucie and Caloosahachee Estuaries and Lake Worth Lagoon adopted August 13, 2001. 8. ADMINISTRATION A. Resolution No. 01-194 / Court System Advisory Board - Consider staff recommendation to approve the resolution creating the Court System Advisory Board, and providing for duties and functions of the Board. B. Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. '- 'wi CONSENT AGENDA August 28. 2001 1. WARRANTS LIST Approve warrants list No. 47 PARKS AND RECREATION Contract Approval- Consider staff recommendation to approve the contracts with Glatting Jackson for "Lawnwood Recreation Comple;.¡: Master Plan" and "St. Lucie County/Community Parks System Master Plan", and authorize the Chairman to sign the contracts. 3. ADMINISTRATION A. RegionaL Recreation/Park Needs Referendum Team Update - Staff vvill forward a written report to the Board. , B. Annual Fire Control Report - Consider staff recommendation to accept the report from the State Division of Forestry. C. Meeting Changes for November and December, 2001and January 2002 - Consider staff recommendation to change the November 20, 2001 meeting from 7:00 pm to 9:00am, and cancel the November 27.2001, December 25. 2001 and January 1, 2002 meetings. 4. PURCHASING A. Request for Proposals - Consider staff recommendation to grant permission to re-advertise the Request for Proposals for lease of the North Dock on South Causeway Island. B. Piggy Back School Board of Hernando County's Bid - Consider staff recommendation to grant permission to piggy back the bid for the purchase of a John Deere front end loader from Everglades Farm Equipment Company (Fort Pierce Branch) in the amount of $27,429.12. C. Contract Amendment - Consider staff recommendation to approve the contract amendment with Dave's Communication, Inc., and authorize the Chairman to sign the amendment. D. Permission to Advertise - Consider staff recommendation to grant permission to advertise for bids for the Fort Pierce Inlet Boat Ramp Facility (Little Jim Bridge Boat Ramp). S. PUBLIC WORKS Engineering / Rouse Road MSBU / Paving and Drainage Improvements - Consider staff recommendation to approve the Interlocal Agreement with Fort Pierce Utilities Authority for the relocation of the electric service, and authorize the Chairman to sign the Agreement. '-' ...,.¡ CONSENT AGENDA AUGUST 28, 2001 PAGE TWO 6. COUNTY ATTORNEY A. Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing FinejLien in Case No. S278 - Consider staff recommendation to authorize the Chairman to sign the Partial Release of Lien. B. Ordinance No. 01-04 / Environmental Landscape Management Training Program - Consider staff recommendation to grant permission to advertise the proposed ordinance on September 18, 2001 at 7:00 pm. C. Ownership Change at the Village Green Shopping Center - Consider staff recommendation to authorize the Chairman to execute the Tenant Estoppel Certificqte and Subordination, Non-Disturbance and Attornment Agreement. D. 2001 Economic Development Ad Valorem Ta."I: Exemption Application / T.]. Truss Corp. - Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 01-14 for a public hearing on September 11, 2001 at 9:00 am, or as soon thereafter as possible. E. 2001 Economic Development Ad Valorem Tax Exemption Application / County Electric Supply Co. LTD. d/b/a Tamlite Lighting - Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 01-19 for a public hearing on September 11, 2001 at 9:00 am, or as soon thereafter as possible. F. 2001 Economic Development Ad VaIorem Ta."I: Exemption Application / Convergys Customer Management Group Inc. - Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 01-20 for a public hearing on September 11, 2001 at 9:00 am, or as soon thereafter as possible. G. 2001 Economic Development Ad Valorem Tax Exemption Application / Florida Marble Industries, Inc. - Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 01-18 for a public hearing on September 11, 2001 at 9:00 am, or as soon thereafter as possible. ~I\ H. 2001 Economic Development Ad Valorem Ta."I: Exemption Application/Matt Stone East, Inc. - Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 01-17 for a public hearing on September 11, 2001 at 9:00 am, or as soon thereafter as possible. 2001 Economic Development Ad Valorem Tax Exemption Application / Liberty Medical Supply, Inc. - Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 01-16 for a public hearing on September 11, 2001 at 9:00 am, or as soon thereafter as possible. 1. 'wi '-' CONSENT AGENDA AUGUST 28, 2001 PAGE THREE 6. COUNTY ATTORNEY CONTINUED) ]. 2001 Economic Development Ad Valorem Tax Exemption Application / Twin Vee Powercats, Inc. - Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 01-IS for a public hearing on September 11, 2001 at 9:00 am, or as soon thereafter as possible. 7. AIRPORT Federal Aviation Administration (F M) Grant - Consider staff recommendation to approve the grant in the amount of S2S0,OOO for the design and construction of runway 14/32 rehabilitation project at St. Lucie County International Airport, and approve the u~e of Airport Reserves as the $13,888 local match for this funding request. 8. MANAGEMENT AND BUDGET A. Teen Court Grant / Administrative Order 2001-08 and 2001-09 -Consider staff recommendation to approve the expenditure and allow staff to process check requests for payment in compliance with the Administrative Orders. B. Additional Staff Accountant Positions - Consider staff recommendation to approve Position Request No. 01-071 and 01-072, Budget Amendment No. 01-171, and allow staff to proceed with the hiring process. 9. CENTRAL SERVICES A. Relocation of Oak Trees - Consider staff recommendation to grant permission to relocate several oak trees from the new Fairground property to the Center for Captive Chimpanzee Care property. B. Savannas Recreation Area Phase II / FRDAP Project No. F02281 Grant Agreement - Consider staff recommendation to approve the grant agreement and authorize the Chairman to sign the agreement. C. Sims Wilkerson Engineering, Inc. - Consider staff recommendation to approve the contract extension (option two) through and including September 30, 2002 and authorize the Chairman to sign the extension. 10. PUBLIC SAFETY A. Hazards Analysis Agreement with the State of Florida (HAZMA T) - Consider staff recommendation to approve the agreement and authorize the Chairman to sign the agreement. B. Equipment Request No. 01-2S3 / Budget Amendment No. 01-172 - Consider staff recommendation to approve the equipment request and budget amendment for the purchase of a 32 channel master tape machine and single channel playback recorders for dispatchers and complaint takers in the amount of $47,641. """. "-" CONSENT AGENDA AUGUST 28, 2001 PAGE FOUR 10. PUBLIC SAFETY (CONTINUED) C. Equipment Request No. 01-270/ Budget Amendment No. 01-173 - Consider staff recommendation to approve the equipment request and budget amendment for the purchase of a Cisco Dual Router and Feature Pack in the amount of $2,852.60. 11. INFORMATION TECHNOLOGY A IBM HA/CMP Computer System - Consider staff recommendation to use existing funds to payoff the remaining balance of $432,200 due on the financin~.of the system in fiscal year 2001. , B. Replacement of Arc Serve Software - Consider staff recommendation to approve the purchase of the Back up Exec. Software product on the State Contract in the amount of $30,684.38. 12. AGRICULTURE Tractor Lease Buyout - Consider staff recommendation to approve the tractor lease buyout option in the amount of $4,979.36, and add the tractor to the capital equipment inventory. ...." '-" BOARD OF COUNlY COMMISSIONERS ADDITIONS AGENDA August 28.2001 CONSENT AGENDA CENTRAL SERVICES C-A. I Fire & Security Systems at Rock Road Jail - Consider staff recommendation to move forward with the engineering and bid documents in the amount of $182,000, and approve a Work Authorization with Sims Wilkerson to perform the required work. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the Sl. 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 BOARD OF COUN1Y COMMISSIONERS ADDITIONS AGENDA August 28.2001 CONSENT AGENDA CENTRAL SERVICES C-A.1 Fire & Security Systems at Rock Road Jail - Consider staff recommendation to move forward with the engineering and bid documents in the amount of $182,000, and approve a Work Authorization with Sims Wilkerson to perform the required work. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' "WI AUGUST 28, 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: CONSEt'IT 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. REGUL-\R 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 HE\RINGS- 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 ona 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 'vishing 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-AGEt"'IDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMJvlENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additionaI workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accollllllodation 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 I District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA August 28, 2001 9:00 A.M. INVOCATION PLEDGE OF ALLEGIAl'fCE 1. MINUTES ~ ('-<' (JiM'. J' A-l "('" C~<0(Uµc.~'"l!':-_?" (>'6 '-1 :) 6\.K. Y C} e0LJ J ~4-<.",,~l o-..&...~ :'ë<,u'l.c ",-ct lí:J:..C,--"",,,1., ,.,<:...J-, 11 v.:::.- Approve the minutes of the meeting held August 21, 2001. 2. PROCLAMATIONS / PRESENTATIONS / ANNOUNCEMENTS c. FDOT Presentation - The Florida Department of Transportation will present an overview of the State Road 70 (Okeechobee Road) Widening Project through St. Lucie COllnty. (~\"\Cc-ìc" c~..: ~d.cLLti' ."\-0 .~_l.~. ,:)c..du~) COX'l-.,^-~>J"'"'~"-"'·>_r lJ., 'U.L~ ~c---\h ·\·L~\-o.llL'"'-","C..p ,I"\I....'-+l'--,-..) (.),01.... ct o.."'-L"- C.o·o,,-.\..L..'--,,-":>~ ~L.()~. ,_. '" I The Board will discuss Enforcement of the Nòise Ordinance. c ",v;t "",{.'X'...k \-;:> L.h~ lJLlL II;-L'::> G, "n,n· (> <;" \Lc....-k \oSV-''I-' ~Ch~...t.. \I, p(c..*,Ir'^-1..b<o.U;-. U'-f,éLYn<.~hu...... ArÍ1i-gú~~em11fltvYth~¥St. L~cie County Legislative Delegation ~lt~e~~~ ~ Thursday, October 18, 2001 from 9:00 am to 5:00 pm in the County E;'~l(,+ Commission Chambers. ' . 17 -,.ll. ,,"'C'. L\cL.",ej I.-U; ll,·~·q 1'.'\'1A..O t~l", efC()'<"·\'_\~: S"~ . '" 0/1. ~ f.·\ '--{;\A.....~ <,'^-<;'<,") ~ ). -S-'I-<>-cf.al\0oc.c' 'u...UL'U.~L>.~' 1 '-0 cv...--+ 1\.8-0+, L)' ~..p., Ill'-... _ \::k.c...UkC-"LL I /::k{'\'\LL"'~ i!:.h-'-'-'..c" A B. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBUC HEARINGS SA. There are no public hearings scheduled for August 28, 2001. End of Public Hearings NOTICE: All Proceedings before this Board are electronically recorded. Any p'erson who decides to app.eal any action taken by the Board at tfiese meetings will need a record of the proceedings and for such purpose may neeö to ensure that a verbatim record of the proceedin~s is made. Upon the reguest of any party to the proceedings. Individuals testifying during a hearing will be sworn in. Any party to the proceedmgs will be granted the opportunity to cross-examine any indivlaual testi¡ying during a hearing_upon request. Any'one with a disability reRuirin![. accommodation to attend this meeting should contact the St. LUCÎel:ounty Community Services Manager at (561) 462=1777 orTDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ',.,., '-" REGULAR AGENDA AUGUST 28, 2001 PAGE TWO 6. AIRPORT A. ~~c!"-~_~ ~~~ 3- ;)l~VJ/) ~) Florida Department ofTransportation (FDOT) Joint Participation Agreement (JPA) - Consider staff recommendation to accept the agreement, and authorize the Chairman to execute the JPA and Resolution No. 01-192 authorizing the Chairman to sign the agreement, and accept the Federal Aviation Administration (FAA) grant for the preparation of the Environmental Assessment for the proposed new parallel runway 9L/27R at St. Lucie County International Airport. The FDQT Grant provides for $63,SOO and the FAA grant provides $150,000 of the $277,000 total project cost. .. r¡), . f\ 1\ ~ B. Scope of Work Approval - Consider staff recommendation to approve the V\A.k'X.L-l. ' Scope of Work with HNTB for $277,000 for the preparation of the ___ r Environmental Assessment for the proposed new parallel runway 9L/27R ~ú.J) ßtl'nc(. bo.e.1u at St. Lucie County International Airport. CA. ;j.<...t.*"-"(/) d, Q.A&.A..~ --\v~-.f 7. COUNTY AITORNEY Resolution No. 01-191 - Consider staff recommendation to adopt the resolution concurring with the six county Coalition for Responsible Management of Lake Okeechobee and the St. Lucie and Caloosahachee Estuaries and Lake Worth Lagoon adopted August 13, 2001. ADMINISTRATION Âpr( L~4 8. Atf¡wj A. Resolution No. 01-194 / Court System Advisory Board - Consider staff recommendation to approve the resolution creating the Court System Advisory Board, and providing for duties and functions of the Board. B. Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. CONSENT AGENDA August 28. 2001 ..", '?ec .)~L -0 ..., ftdcat:~'n'-LJ¡. €.~&.. ,_ VYilih'-~\ ~-d, '-, C.lc (L, '-' .~ 1. WARRANTS LIST Approve warrants list No.4 7 Œ) PARKS AND RECREATION n~".0C'-'¿ \~CL\,'U'::>, \~ll\.\L.1'- ~LL~(l":"~4-L'V lJ0. , ~S~~~ìjV'-- Contract Approval- Consider staff recommendation to approve the contracts with [)" .r\~ '. ,~_n~J-; .Glatting Jackson for "Lawnwood Recreation Complex Master Plan" and "St. Lucie t;C~?-L . ,-f;:~~County/Community Parks System Master Plan", and authorize the Chairman to \IS .. \~Ù)\tù Ie. sign the contracts. @', ~t.h~ ò"b ~J' Vv--L~ - 3. ADMINISTRATION -'~ uJÙ->0 ~~~~ D .L A d CG~c.v\.:X . / 0cMJ\0 >- 11..1\ .¥'i ':0') I-"L \.ct~\L'· B. ~,,\L~ q/L\lvl Regional. Recreation/Park Needs Referendum Team Update - Staff will forward a written report to the Board. ,. Annual Fire Control Report - Consider staff recommendation to accept the report from the State Division of Forestry. c. Meeting Changes for November and December, 2001and January 2002 - Consider staff recommendation to change the November 20,2001 meeting from 7:00 pm to 9:00am, and cancel the November 27, 2001, December 25, 2001 and January 1, 2002 meetings. 4. PURCHASING A. Request for Proposals - Consider staff recommendation to grant permission to re-advertise the Request for Proposals for lease of the North Dock on South Causeway Island. B. Piggy Back School Board of Hernando County's Bid - Consider staff recommendation to grant permission to piggy back the bid for the purchase of a John Deere front end loader from Everglades Farm Equipment Company (Fort Pierce Branch) in the amount of $27,429.12. C. Contract Amendment - Consider staff recommendation to approve the contract amendment with Dave's Communication, Inc., and authorize the Chairman to sign the amendment. D. Permission to Advertise - Consider staff recommendation to grant permission to advertise for bids for the Fort Pierce InIet Boat Ramp Facility (Little Jim Bridge Boat Ramp). 5. PUBLIC WORKS Engineering / Rouse Road MSBU / Paving and Drainage Improvements - Consider staff recommendation to approve the Interlocal Agreement with Fort Pierce Utilities Authority for the relocation of the electric service, and authorize the Chairman to sign the Agreement. '-" ...., CONSENT AGENDA AUGUST 28, 2001 PAGE TWO 6. COUNTY ATTORNEY A. Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case No. 5278 - Consider staff recommendation to authorize the Chairman to sign the Partial Release of Lien. B. Ordinance No. 01-04 / Environmental Landscape Management Training Program - Consider staff recommendation to grant permission to advertise the proposed ordinance on September 18, 2001 at 7:00 pm. C. Ownership Change at the Village Green Shopping Center - Consider staff recommendation to authorize the Chairman to execute the Tenant Estoppel Certificéj.te and Subordination, Non-Disturbance and Attornment Agreement. D. 2001 Economic Development Ad Valorem Tax Exemption Application / T.). Truss Corp. - Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 01-14 for a public hearing on September 11, 2001 at 9:00 am, or as soon thereafter as possible. E. 2001 Economic Development Ad Valorem Tax Exemption Application / County Electric Supply Co. LTD. d/b/a Tamlite Lighting - Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 01-19 for a public hearing on September 11, 2001 at 9:00 am, or as soon thereafter as possible. F. 2001 Economic Development Ad Valorem Tax Exemption Application / Convergys Customer Management Group Inc. - Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 01-20 for a public hearing on September 11, 2001 at 9:00 am, or as soon thereafter as possible. G. 2001 Economic Development Ad Valorem Tax Exemption Application / Florida Marble Industries, Inc. - Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 01-18 for a public hearing on September 11, 2001 at 9:00 am, or as soon thereafter as possible. H. 2001 Economic Development Ad Valorem Tax Exemption Application / Matt Stone East, Inc. - Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 01-17 for a public hearing on September 11, 2001 at 9:00 am, or as soon thereafter as possible. 1. 2001 Economic Development Ad Valorem Tax Exemption Application / Liberty Medical Supply, Inc. - Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 01-16 for a public hearing on September 11, 2001 at 9:00 am, or as soon thereafter as possible. '~Ç\~_QJ "" '- "> '-" ...., CONSENT AGENDA AUGUST 28, 2001 PAGE THREE 6. COUNTY ATTORNEY CONTINUED) ]. 2001 Economic Development Ad Valorem Tax Exemption Application / Twin Vee Powercats, Inc. - Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 01-IS for a public hearing on September 11, 2001 at 9:00 am, or as soon thereafter as possible. ï. AIRPORT Federal Aviation Administration (FAA) Grant - Consider staff recommendation to approve the grant in the amount of $2 SO,OOO for the design and construction of runway 14/32 rehabilitation project at St. Lucie County International Airport, and approve the u~e of Airport Reserves as the $13,888 local match for this funding request. 8. MANAGEMENT AND BUDGET A. Teen Court Grant / Administrative Order 2001-08 and 2001-09 -Consider staff recommendation to approve the expenditure and allow staff to process check requests for payment in compliance with the Administrative Orders. B. Additional Staff Accountant Positions - Consider staff recommendation to approve Position Request No. 01-071 and 01-072, Budget Amendment No. 01-171, and allow staff to proceed with the hiring process. 9. CENTRAL SERVICES A. Relocation of Oak Trees - Consider staff recommendation to grant permission to relocate several oak trees from the new Fairground property to the Center for Captive Chimpanzee Care property. B. Savannas Recreation Area Phase II / FRDAP Project No. F02281 Grant Agreement - Consider staff recommendation to approve the grant agreement and authorize the Chairman to sign the agreement. C. Sims Wilkerson Engineering, Inc. - Consider staff recommendation to approve the contract extension (option two) through and including September 30, 2002 and authorize the Chairman to sign the extension. 10. PUBLIC SAFETY A. Hazards Analysis Agreement with the State of Florida (HAZMA T) - Consider staff recommendation to approve the agreement and authorize the Chairman to sign the agreement. B. Equipment Request No. 01-2 S3 / Budget Amendment No. 01-172 - Consider staff recommendation to approve the equipment request and budget amendment for the purchase of a 32 channel master tape machine and single channel playback recorders for dispatchers and complaint takers in the amount of $47,641. '-" "-' CONSENT AGENDA AUGUST 28, 2001 PAGE FOUR 10. PUBLIC SAFETY (CONTINUED) C. Equipment Request No. 01-270/ Budget Amendment No. 01-173 - Consider staff recommendation to approve the equipment request and budget amendment for the purchase of a Cisco Dual Router and Feature Pack in the amount of $2,8S2.60. 11. INFORMATION TECHNOLOGY A. IBM HAjCMP Computer System - Consider staff recommendation to use existing funds to payoff the remaining balance of $432,200 due on the financing, of the system in fiscal year 2001. B. Replacement of Arc Serve Software - Consider staff recommendation to approve the purchase of the Back up Exec. Software product on the State Contract in the amount of $30,684.38. 12. AGRICULTURE Tractor Lease Buyout - Consider staff recommendation to approve the tractor lease buyout option in the amount of $4,979.36, and add the tractor to the capital equipment inventory. Au~. 27 2001 2:49PM CENTRAL SERVICES ...... sr-' 462 1444 ...; p.1 ,- '. REVISED AGENDA REQUEST ITEM NO. A-I DATE: August 28, 2001 REGULAR' [ I PUBLIC HEARING J CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:Roqer A. Shinn SUBMITTED BY(DEPT} :Central Services . SUBJECT: Fire and security Systems Rock Road Jail BACKGROUND: Sims Wilkerson has prepared a preliminary survey of the fire and security upgrades at Rock Road Jail. There are two(2) phases consisting of Phase I and Phase II. Staff is requesting moving forward with the engineering and bid documentation for this project based upon Sims Wilkerson's evaluation and recommendations. PREVIOUS ACTION: Sins Wilkerson Work Authorization #14 FUND AVAIL.: correctional Facility Impact Fees (310003-2330-562000-26001) . RECOMMENDATION: Staff recommends Board approve moving forward with the engineering and bid documents in the amount of $182,000. for the fire and security upgrades at the Rock Road Jail. Staff Further recommends that the Board approve a Work Authorization with Sims Wilkerson to perform the required work in a form approved by the County Attorney. [x J APPROVED [ ] OTHER: [ DENIED derson Administrator COMMISSION ACTION: County Atty: () l'uzoch..:l.ng.O at R~ Rav:l.ew and AÞoroval Management &. B~et. () ~ Origin. Dept. (~ Other. () Eff. 6/3/96 'Au;, 27 2001 2:49PM r~NTRAL SERVICES ~ ..."iH 462 1444 p.2 MEMORANDUM CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Director, Central Services DATE: August 24,2001 SUBJECT: AGENDA REQUE~t Security and Fire .A;larm Systems - Rock Road Jail BACKGROUND: Due to the high maintenance costofthe old fire and security systems at Rock road Jail, and the future need for e},,1>ansiQn , we requested Sims Wilkerson Engineering, Inc. to evaluate our needs. They have completed this assessment. Based on their evaluation and recommendations, staff is requesting, at this tìme, to proceed with the engineering and bid documents for this work. RECOMMENDATION: Staffrequests that the Board approve moving forward with the engineering and bid documents in the amount of$182,000. for the fire and security systems a:1d upgrades at Rock Road Jail. C~h~ ROG A. SHINN - RS:bk aU. l 1.& 'f li,I;1 Au~. 27 2001 2:49PM C~NTRAL SERVICES ~1 462 1444 ~ PRod~/PROJECT ACCOUNTING REQUEST FORM p.3 DATE: 'J DEPARTMENT, AUGUST 24. 2001 CENTRAL SERVICES ROCK ROAD JAIUSECURfTY SYSTEM UPGRADES UPGRADE SECURITY SYSTEM AT THE ROCK ROAD JAIL NAME OF PROGRAMI PROJECT: DESCRIPTION: PROGRAMIPROJE';T PERIOD CSTARTJEND}: 10-01-01 iHRU ? PROGRAM/PROJECT MANAGER: ROGER SHJNN BOARD APPROVAL DATE: PROGRAMlPROJECT AMOUNT: IS THIS 100% COUNTY FUNDING? NO (CIRCLE ONE) IF NO. PI.fASE EXPLAIN: OTHER rs RELATED TO THIS PROGIPROJEc::r: P'UNDoOftGANIZATlON II: PREDECESSOR FUND: ~. CONTRACT5: COMPANY CONTAACT AMOUNT ADDITIONAL INFORM'" nON: APPROVAL PROJECT MANACJER: DEPARTMENT HEAD: MGMT" BUOQET: FINANCE DEPARTMENT: PROGRAM/PROJECT #: __~~:~ _ . ~ ~.~, ':~; ~ ~~~;~/.;~~'..~_. -'~. ~-: =;~._~ ~._ ~ ~___.-_~~~~1 .. .' ,..I -, ." ~ I ~ , " AL.li ;£'/. '¿üo1,:".::':~;) :~ i2 SIMS W¡LKER5::."; î:--'::;I;-':~ERING "~764S2399 PAGE: 2 I \wi ....." Sims Wilkerson Engineering, Inc. PROFESSIONAL SERVICES PROPOSAL August 27, 2001 To: Board of County Commissioners St. Lucie County, Florida Attention: Mr. Roger Shinn, Mana:¡r ~ ~e1~ Services Howard W. Sims, P.E~ Design of Security and Fire Alarm Systems Improvements and Replacements St. Lucie County Correctional Facility From: Reference: Subject: Proposal for Professional Engineering Services h:\PrODll;'<:lI\SLC\ROCK 1,wrll This proposal iš submitted as a Work Authorization pursuant to the Agreement between Sr. Lucie County (the "County") and Sims Wilkerson Engineering, Inc. (MSWE" or the "Consultant") for Continuing Professional Engineering Services, dated January 29, 1998 and extended through September 30, 2001. BACKGROUND A Comprehensive Security Systems Assessment for the St. Lucie County Correctional Facility was performed by SWE's subconsultaru. Vitetta Incorporated. The results of the Assessment are set out in a Report dated July 2001. The County has requested that SWE prepare this proposal to provide the engineering services necessary to design the Security and Fire Alarm Systems Improvements and RepJacements that are described in that Report. SWE will employ the services ofVitetta, a national multi-disciplined architectural and engineering firm, as a SUbcOl1su1tant for the specialty aspects of this work. One of their offices is in Orlando and personnel from that office as well as a senior staff member from the PhiladeJphia office will be assigned to the project, SCOPE OF SERVICES The services to be provided include preparation of plans and specifh.:ations for bidding, permitting, and construction of improvements to tbe systems, plus related services during bidding and construction. The systems work included wiIJ be as described in the Vitetta Report. The systems for which design services will be provided arc the following: Perimeter Fence Detection System Exterior Camera System PaRI: 1 or 3 ---..-.- 1~5S H"w~1I BrAnch Ro'~ ~i" A-I· WintlOr Park. Flori(\~ J27K9. (407) 64S·1~66· Pu: (4(J7)·MS-2399 AVG 27 20011MONI 14 13 SIMS W!LK~~30N S~C¡~~~~:~~ 40~'452399 PAGE 3 J '-' -.I Fire Alarm System Intercom System Door Control & Monitoring Network Computer System Upgrade Custom Control Consoles to Touch Screen Computers A. Project Orientation 1. Project Kickoff Meeting. Develop project parameters such as, pro1ect time frame, bidding methods, construction phasing, etc. 2. Review existing site, building plans, and specifications in order to determine what relevant information is available. - 3. Conduct site visit to perform obsel'vatioos of existing conditions as ir applies to the proposed work. Observations shall include but not limited to srructural and architectural conditions, availability of services, probable equipment locations, possible infrastructure and cable routing. 4. Condu'ct interviews with key persormcl to determine performance and operation needs. Observation of personnel romines and staffing availability. 5. Meet with project decision makers to review ob~ervations, system performance objectives, manufacturer preferences, and future expansion requirements. B. Document Preparation 1. Design floor plans indicating location all of field devices, junction box locations patch panels, head-end, and monitoring equipment. Primary power and circuit locations. 2. Provide a schematic riser diagram indicating overall system configuration, integration requirements and. other trade coordination annotations. 3. Provide drawings of installation details for typical device and panel wiring, mounting heights, control and rack elevations. Control room and distribution room configurations. 4. Preparation of project specifications including but not limited to: technical criteria of system components, contractor qualifications, testing, warranty and training requirements, As well as submittal and as-built documentation requiremell£s. 5. Attend planning sessions with project decision-makers for 75 % review and final review of project documents. c. Project Management & Procurement 1. Attendance of contractor pre-bid conference. Includes project walk thru and RFI responses. Review of project bids with client and contract award interview. 2. Rev.iew of project submittals. 3. Provide two site visits per system (lotal14 Visits) during construction period for observation of construction progress and project coordination. . Pagc 2 of 3 __.__. 1555 Howell ~r~l1ch Ro~d . Suit. A-I' Winter Park. Florid~ 32789' (407) 645-1560' p~~, (41\7) 645-2399 AL¡G i.¡ :¿J0¡ \¡\',;"',\, 14 14 81M;; WIL<:::¡:¡SO,\' £.'.::::~:¿::::=\J:-:C 4076452399 PAGS 4 ( '-" 'Ý 4. Provide two site visits at project completion to witness testing and punch list preparation. 5. Review tinal as-huilt and project closeout documentation. FEES TO BE PAID For the services referenced above, the Consultant shall. be paid: . . I· . . . . . . . . . $182,000 ASSUMPTIONS, LIMITATIONS, AND EXCLUSIONS 1. Fees are based on a total singular project package. No costs have been included for multiple prQject packages. 2. Shop drawing and submittal review is for the specifIed products only. No additional costs arc included for reviews of non-specified products submitted by the contractor. 3. No fees have been included for testing of any existing systems that may require integration to project. 4. AH site visits include per diem costs. 5. All hours are based on production performed during normal business hours. No estimates have been included for an accelerated project schedule. 6. No fees have been included for weekly construction meet;ogs. 7. No fees have been included for printing and distribution of final project documentation. COMMENCEMENT The work will commence when the Consultant receives a Work Authorization from the County. END OF PROPOSAL Pa~c 3 or 3 .. 1355 'Iowell Branch Road' Suitx: A-' . Winter Park, Florida 32789' (407) 64.~-1561\ . flu: (407) 645-2399 · ~.. '-' '-' AGENDA REQUEST ITEM NO. 2A DATE:August28,2001 REGULAR [ ] PUBLIC HEARING [x] CONSENT [ TO: BOARD OF COUNTY COMMISSIONERS BY: SUBMITTED BY (DEPT): ADMINISTRATION SUBJECT: The Florida Department of Transportation is currently planning the four-Ianing of State Road 70 (Okeechobee Road) across the state. The design for the segment of SR 70 through St. Lucie County is nearing completion. This projectwill include a median, a shared use path and a drainage canal on the north side. It is anticipated that portions of this work should begin within five years. Representatives of FOOT are here to present an overview of this project and to answer or address questions and concerns of the Board. BACKGROUND: At the August 13th Capital Budget Workshop, during a discussion of Greenways, the Board requested additional information on the widening of Okeechobee Road (State Road 70), particularly as it might relate to any recreational opportunities for our citizens. Attached is a Preliminary Master Plan of Greenways, Trails & Bikeways from that meeting that includes State Road 70 and its proposed Shared Use Path, and the agenda item discussed during that meeting. FUNDS AVAILABLE: No funds are required. PREVIOUS ACTION: None RECOMMENDATION: None ";.-"; .: ..... AGENDA REQUEST ~ ITEM NO. ( ~ 7 C DATE: July 24, 2001 TO: BOARD OF COUNTY COMMISSIONERS CONSENT [ X] REGULAR [ ] PUBLIC HEARlNG [ ] Leg. [ ] Quasi-JD. [ ] PRESENTED BY: SUBMITIED BY: Community Development SUBJECT: A Resolution Adopting the Preliminary Greenways, Trails and Bikeways Master Plan. BACKGROUND: The Commission has approved the submission of several Florida Communities Trust (Fer) grant applications in an effort to obtain matching funds for the acquisition of environmentally sensitive lands. The FCT grant applications can be enhanced through the adoption of the St. Lucie County Greenways, Trails and Bikeways Preliminary Master Plan. On April 28 and 29, 2001, St. Lucie County sponsored a Community Design Charrette to create a Countywide Greenway and Trail Master Plan. Following the Charrette, WK Dickson prepared the conceptual plan for the development of greenways, trails and bikeways countywide. This plan was presented to the Commjssion for information pwposes only on June 13, 2000. Although., the plan was generally supported no action was taken. RJNDS AVAILABLE: N/A PREVIOUS ACTION: On January 12, 1994 this Board, through Resolution No. 94-126, recogIlÌZed the Indian River Lagoon Greenway. On August 16, 1996, this Board, through ResoIution No. 96-114, recogIlÌZed the Greenway and Wildlife Conidors in western St. Lucie County. RECO MMEND A TION: Approve the adoption of the Preliminary St. Lucie County, Greenways, Trails, and Bikeways Master Plan. COMMISSION ACTION: ugl M. Anderson County Administrator [xl APPROVED [] DENIED [ ] OTIffiR: 5-0 Manage.me.nl &. Bud¡:d: Purchasinr; (2) A(f) \ County Attorney; ij~' Revie'>lõ' and AVDfu\-als <JricûLow., Dcp4rtrr<nt: Other. Othu: Fta&a.cc: (QlA~d;: for Copy ooly. if applicable) / ... .. ~ '-" 'wi c COUNTY COMMISSION REVIEW: JULY 24, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Administration MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: July 12, 2001 SUBJECT: Request to Approve Draft Resolution 01-123 Adopting the Preliminary Greenways, Trails and Bikeways Master Plan On --July 24, 2001 you will be asked to consider the approval of a resolution that adopts a preliminary greenways, trails and bikeways plan for St. Lucie County. The conceptual plan identifies proposed natural area greenways and recreational trails that would be assembled through the use of recreation and conservation lands, conservation easements, trails and open space areas in private developments and the development of sidewalks, bikeways and trails associated with urban roadways. The approval of draft Resolution 01-123 will provide additional support for our Florida Communities Trust grant applications requesting funds for the purchase of environmentally significant lands. Draft Resolution 01-123 provides for the adoption of a conceptual plan that identifies major ecological corridors including the Indian River Lagoon, North Fork of the St. Lucie River, North Savannas, South Savannas - and Cypress Creek. The County is currently seeking stàte funds to preserve additional lands within these major greenway corridors. Consistent with the County Comprehensive Plan, acquisition to create the ecological greenways and recreational trails would only occur through voluntarily negotiated purchases with property owners. During the FY 2001/02 budget year, the Community Development Department will be undertaking a more comprehensive program for the development for a bicycle/pedestrian/greenways and trails master plan for the County. This plan will use as its base, the recently completed MPO works in this area as well as the conceptual greenway and trials plan approved as part of this Resolution. This more detailed document will provide assistance in seeking State and Federal funding for the development of a integrated pedestrian/bikewayl and trail system through the County. Staff recoll1mends approval of the Preliminary Greenways, Trails and Bikeways Master Plan. If you have any questions, please let us know. DW Hh:/esVgreenwayplan cc: County Administrat r County Attorney Planning Manager ~ (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '3 ¿4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ... '-' "-" '. RESOLUTION NO. 01 - 123 A RESOLUTION ADOPTING THE ST. LUCIE COUNTY GREENWAYS, TRAILS AND BIKEWAYS PRELIMINARY MASTER PLAN HEREAS, the Board of County Commissioners of St. Lucie County, Florida, has mad he following determinations: 1. On January 9, 1990, St. Lucie County adopted the St. Lucie County Comprehensive Plan through Ordinance 91-01. 2. The St. Lucie County Comprehensive Plan contains objectives and polices to facilitate the implementation of ecological and recreational greenways within its jurisdiction. 3. The County has adopted policies, regulations and implemented programs which provide for the protection and preservation of lands to assemble ecological greenways and recreational trail systems. 4. St. Lucie County, the Treasure Coast Regional Planning Council and the State of Florida have worked towards the linking of ecological and recreational greenway systems including the Indian River Lagoon, the North Fork of the St. Lucie River, the North Savannas, the South Savannas, and the Cypress CreeklTrail Ridge corridor. 5. On April 28 and April 29, 2000, St. Lucie County sponsored a Community Design Charrette to create a Countywide Greenway and Trail Master Plan. The plan identifies an extensive network of g[eenways and trails, including existing and proposed conservation areas, heritage trails, multi-purpose trails and canoe trails. 6. The County intends to pursue regulatory measures, land acquisition programs, and facility improvement funds to implement the County's ecological and recreational greenway network. OW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. ucie County, Florida: A. St. Lucie County recognizes the value of creating natural area greenways and recreation trail corridors and supports the establishment of a Countywide greenway and trail network. The County will work towards the creation of the Countywide network uly 24, 2001 Page 1 Resolution No. 01-123 ...... .... , . ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '3 ¿4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 '-' 'wtI t, RESOLUTION NO. 01 - 123 .. A RESOLUTION ADOPTING THE ST. LUCIE COUNTY GREENWAYS, TRAILS AND BIKEWAYS PRELIMINARY MASTER PLAN HEREAS, the Board of County Commissioners of St. Lucie County, Florida, has mad he following determinations: 1. On January 9, 1990, St. Lucie County adopted the St. Lucie County Comprehensive Plan through Ordinance 91-01. 2. The St. Lucie County Comprehensive Plan contains objectives and polices to facilitate the implementation of ecological and recreational greenways within its jurisdiction. 3. The County has adopted policies, regulations and implemented programs which provide for the protection and preservation of lands to assemble ecological greenways and recreational trail systems. 4. St. Lucie County, the Treasure Coast Regional Planning Council and the State of Florida have worked towards the linking of ecological and recreational greenway systems including the Indian River Lagoon, the North Fork of the St. Lucie River, the North Savannas, the South Savannas, and the Cypress Creek/Trail Ridge corridor. 5. On April 28 and April 29, 2000, St. Lucie County sponsored a Community Design Charrette to create a Countywide Greenway and Trail Master Plan. The plan identifies an extensive network of greenways and trails, including existing and proposed conservation areas, heritage trails, multi-purpose trails and canoe trails. 6. The County intends to pursue regulatory measures, land acquisition programs, and facility improvement funds to implement the County's ecological and recreational greenway network. OW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. St. Lucie County recognizes the value of creating natural area greenways and recreation trail corridors and supports the establishment of a Countywide greenway and trail network. The County will work towards the creation of the Countywide network uly 24, 2001 Page 1 Resolution No. 01-123 .. if-, W' "wi AGENDA REQUEST ITEM NO. 2A DATE: August 28,2001 REGULAR [ ] PUBLIC HEARING [x] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): ADMINISTRATION Douglas Anderson County Administrator SUBJECT: The Florida Department of Transportation is currently planning the four-Ianing of State Road 70 (Okeechobee Road) across the state. The design for the segment of SR 70 through St. Lucie County is nearing completion. This project will include a median, a shared use path and a drainage canal on the north side. It is anticipated that portions of this work should begin within five years. Representatives of FDOT are here to present an overview of this project and to answer or address questions and concerns of the Board. BACKGROUND: At the August 13th Capital Budget Workshop, during a discussion of Greenways, the Board requested additional information on the widening of Okeechobee Road (State Road 70), particularly as it might relate to any recreational opportunities for our citizens. Attached is a Preliminary Master Plan of Greenways, Trails & Bikeways from that meeting that includes State Road 70 and its proposed Shared Use Path, and the agenda item discussed during that meeting. FUNDS AVAILABLE: No funds are required. PREVIOUS ACTION: None RECOMMENDATION: None ;0 ,.. \ ( '-' AGEND,\ REQUEST "wtI ITEM NO. ( _ 7 c... DATE: July 24, 2001 CONSENT [ X] REGULAR [ ] PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Development SUBJECT: A Resolution Adopting the Preliminary Greenways, Trails and Bikeways Master Plan. BACKGROUND: The Corrunission has approved the submission of several Florida Communities Trust (Fer) grant applications in an effort to obtain matching funds for the acquisition of environmentally sensitive lands. The FCf grant applications can be enhanced through the adoption of the S1. Lucie County Greenways, Trails and Bikeways Preliminary Master Plan. On April 28 and 29, 2001, St. Lucie County sponsored a Community Design Charrette to create a Count)'\vide Greenway and Trail Master Plan. Following the Charrette, WK Dickson prepared the conceptual plan for the development of greenways, trails and bikeways countywide. This plan was presented to the Corrnnjssion for information purposes only on June 13, 2000. Although, the plan was generally supported no action was taken. FUNDS A V ATLABLE: N/A PREVIOUS ACTION' On January 12, 1994 this Board, through Resolution No. 94-126, recognized the Indian River Lagoon Greenway. On August 16, 1996, this Board, through Resolution No. 96-114, recognized the Greenway and Wildlife Corridors in western St. Lucie County. RECOMMENDATION: Approve the adoption of the Preliminary St. Lucie County, Greenways, Trails, and Bikeways Master Plan. COMMISSION ACTION: [xl APPROVED [] DENIED [ ] OTHER: 5-0 County Al:tornc.y: Ma.a.a¡::c.IllI:;Üt &.. Bud~: p",¡rch.ui.n~ (2) ~(y \ i-'~' Review and ADo!'U\"als OrifUutior Deportment; Oth= Q<hor. FmaD.ce: (Cñe.ck: COf'Copy O:CI.ty, il.pp(ù;able) I .. '-' .." c COUNTY COMMISSION REVIEW: JULY 24, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Administration MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: July 12, 2001 SUBJECT: Request to Approve Draft Resolution 01-123 Adopting the Preliminary Greenways, Trails and Bikeways Master Plan ( On-July 24, 2001 you will be asked to consider the approval of a resolution that adopts a preliminary greenways, trails and bikeways plan for SI. Lucie County. The conceptual plan identifies proposed natural area greenways and recreational trails that would be assembled through the use of recreation and conservation lands, conservation easements, trails and open space areas in private developments and the development of sidewalks, bikeways and trails associated with urban roadways. The approval of draft Resolution 01-123 will provide additional support for our Florida Communities Trust grant applications requesting funds for the purchase of environmentally significant lands. Draft Resolution 01-123 provides for the adoption of a conceptual plan that identifies major ecological corridors including the Indian River Lagoon, North Fork of the SI. Lucie River, North Savannas, South Savannas . and Cypress Creek. The County is currently seeking state funds to preserve additional lands within these major greenway corridors. Consistent with the County Comprehensive Plan, acquisition to create the ecological greenways and recreational trails would only occur through voluntarily negotiated purchases with property owners. During the FY 2001/02 budget year, the Community Development Department will be undertaking a more comprehensive program for the development for a bicycle/pedestriantgreenways and trails master plan for the County. This plan will use as its base, the recently completed MPO works in this area as well as the conceptual greenway and trials plan approved as part of this Resolution. This more detailed document will provide assistance in seeking State and Federal funding for the development of a integrated pedestrian/bikewayl and trail system through the County. Staff recommends approval of the Preliminary Greenways, Trails and Bikeways Master Plan. If you have any questions, please let us know. 'Ow Hh:/esVgreenwayplan cc: County Adrninistrat r County Attorney Planning Manager ., . ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '3 ¿4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 '-' 'wi '. RESOLUTION NO. 01 - 123 A RESOLUTION ADOPTING THE ST. LUCIE COUNTY GREENWAYS, TRAILS AND BIKEWAYS PRELIMINARY MASTER PLAN HEREAS, the Board of County Commissioners of St. Lucie County, Florida, has mad he following determinations: 1. On January 9, 1990, St. Lucie County adopted the St. Lucie County Comprehensive Plan through Ordinance 91-01. 2. The St. Lucie County Comprehensive Plan contains objectives and polices to facilitate the implementation of ecological and recreational greenways within its jurisdiction. 3. The County has adopted policies, regulations and implemented programs which provide for the protection and preservation of lands to assemble ecological greenways and recreational trail systems. 4. St. Lucie County, the Treasure Coast Regional Planning Council and the State of Florida have worked towards the linking of ecological and recreational greenway systems including the Indian River Lagoon, the North Fork of the St. Lucie River, the North Savannas, the South Savannas, and the Cypress CreeklTrail Ridge corridor. 5. On April 28 and April 29, 2000, St. Lucie County sponsored a Community Design Charrette to create a Countywide Greenway and Trail Master Plan. The plan identifies an extensive network of greenways and trails, including existing and proposed conservation areas, heritage trails, multi-purpose trails and canoe trails. 6. The County intends to pursue regulatory measures, land acquisition programs, and facility improvement funds to implement the County's ecological and recreational greenway network. OW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. St. Lucie County recognizes the value of creating natural area greenways and recreation trail corridors and supports the establishment of a Countywide greenway and trail network. The County will work towards the creation of the Countywide network uly 24, 2001 Page 1 Resolution No. 01-123 .. ". ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '3 ¿4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 '-" ...." '. RESOLUTION NO. 01 - 123 ;, A RESOLUTION ADOPTING THE ST. LUCIE COUNTY GREENWAYS, TRAILS AND BIKEWAYS PRELIMINARY MASTER PLAN HEREAS, the Board of County Commissioners of St. Lucie County, Florida, has mad he following determinations: 1. On January 9, 1990, St. Lucie County adopted the St. Lucie County Comprehensive Plan through Ordinance 91-01. 2. The St. Lucie County Comprehensive Plan contains objectives and polices to facilitate the implementation of ecological and recreational greenways within its jurisdiction. 3. The County has adopted policies, regulations and implemented programs which provide for the protection and preservation of lands to assemble ecological greenways and recreational trail systems. 4. St. Lucie County, the Treasure Coast Regional Planning Council and the State of Florida have worked towards the linking of ecological and recreational greenway systems including the Indian River Lagoon, the North Fork of the St. Lucie River, the North Savannas, the South Savannas, and the Cypress CreekfTrail Ridge corridor_ 5. On April 28 and April 29, 2000, St. Lucie County sponsored a Community Design Charrette to create a Countywide Greenway and Trail Master Plan. The plan identifies an extensive network of greenways and trails, including existing and proposed conservation areas, heritage trails, multi-purpose trails and canoe trails. 6. The County intends to pursue regulatory measures, land acquisition programs, and facilìty improvement funds to implement the County's ecological and recreational greenway network. OW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. St. Lucie County recognizes the value of creating natural area greenways and recreation trail corridors and supports the establishment of a Countywide greenway and trail network. The County will work towards the creation of the Countywide network uly 24, 2001 Page 1 Resolution No. 01-123 "ort;I S.R. 70 I OKEECHOBEE ROAD c94 --- fèbO-\~ ({- ~¡,--i-cd kílî The Florida Department of Transportation (FOOT) would like to bring you up to date on the status of the S.R. 70 project. The Project Development and Environment Study (PD&E) for improvements to S.R. 70 from Berman Road in Okeechobee County to McCarty Road in S1. Lucie County has been completed and the Location/Design Approval was July 28, 2000. The existing 2-lane rural roadway will be improved to a 4-lane divided rural roadway with provisions for a 6-lane roadway in the future. A shared use path will be on the north side of the roadway. The path will be extended to S.R. 713 (Kings Highway) as a part of the construction. A canal will be constructed on the north side from east of Bluefield Road to C-24/Rim Ditch Canal. The 30% Roadway Construction Plans and Final Right-of- Way Maps have been completed and final design is beginning. PROJECT INFORMATION RIGHT-Of-WAY · Financial Project 10: 2302621 From Okeechobee County Line to McCarty Road Length - 17.3 Miles Estimate Cost - $13,000,000 Anticipated Begin Acquisition - Fiscal Year 2002 CONSTRUCTION · Financial Project 10: 230262-2-52-01 From MP 0.0 (Okeechobee County Line) to MP 5.9 Length - 5.9 Miles Estimated Construction Cost - $22,000,000 Project is not funded for construction · Financial Project 10: 230262-3-52-01 From MP 5.9 to MP 10.2 (West of C-24/Rim Ditch Canal) Length - 4.3 Miles Estimated Constructed Cost - $21,000,000 Project is not funded for construction · Financial Project 10: 230262-4-52-01 From MP 10.2 (West of C-24/Rim Ditch Canal) to MP 13.3 (West of Header Canal) Length - 3.1 Miles Estimated Constructed Cost - $12,000,000 Anticipated Letting Date - July 2004 · Financial Project 10: 230262-5-52-01 From MP 13.3 (West of Header Canal) to MP 17.3 (McCarty Road) Length - 4.0 Miles Estimated Constructed Cost - $23,000,000 Anticipated Letting Date - February 2005 POTENTIAL ENHANCEMENTS (Landscaping, Shared Use Path, and Canal) · Anticipated to be maintained by S1. Lucie County .' ... "-' ""'" THE FLORIDA SENATE Tallahassee, Florida 32399-1100 \ (J--fr.Jf\ 00-0 ~~~ ~~0 ~\ T)\ 9-0 COMMITTEES: Finance and Taxation, Chairman Education Health. Aging and Long-Term Care Natural Resources Reapportionment - Subcommltle9 an Legislative Apportionment and Redlslrtctlng Regulaled Industrlas JOINT COMMITTEE: Administrative Procedures SENATOR KEN PRUITT 27th District TO: FROM: SUBJECT: DATE: ALL INTERESTED PARTIES KEN PRUITI ST. LUCIE COUNTY LEGISLATIVE DELEGATION MEETING AUGUST 15, 2001 ~¡f'I~ 1 01 ~ f....[V C', f('/ MEMORANDUM THE ST. LUCIE COUNTY LEGISLATIVE DELEGATION WILL MEET THURSDAY OCTOBER 18. 2001 FROM 9:00 AM UNTIL 5:00 PM IN THE COUNTY COMMISSION CHAMBERS ON THE THIRD FLOOR OF THE ST. LUCIE COUNTY ADMINISTRATIVE BUILDING. THERE WILL BE A BREAK BETWEEN NOON AND 2 PM. ANYONE WHO WISHES TO HAVE A LOCAL BILL INTRODUCED FOR THE 2002 LEGISLATIVE SESSION, SHOULD HA VB THE BILL DRAFTED AND A COPY SENT TO EACH MEMBER OF THE DELEGATION NO LATER THAN OCTOBER 8. A STATEMENT BY AN ATIORNEY, INDICATING THE PROPOSED BILL CANNOT BE ACCOMPLISHED BY LOCAL ORDINANCE OR RUlE, IS REQUIRED. THERE MUST ALSO BE PROOF OF ADVERTISEMENT IN LOCAL PUBLICATIONS. PLEASE BE CERTAIN THAT THE LOCAL BOARD, DISTRICf OR COMMISSION HAS APPROVED THE LOCAL BILL AND VOTED ON THE CHANGES. THE AFOREMENTIONED CRITERIA IS NOT REQUIRED IF A REFERENDUM IS TO OCCUR. IF YOU WOULD LIKE TO BE PLACED ON THE AGENDA, TO DISCUSS ISSUES PERTAINING TO THE STATE, PLEASE CONTACf MY DISTRICT OFFICE AT 335-8000 OR LIRA.CARRIE.S27@LEG.STATE.FL.US, NO LATER THAN FRIDAY OCTOBER 12. PLEASE SUBMIT 6 COPIES OF ALL HANDOUTS AND OTHER INFORMATION TO MY OFFICE BY OCTOBER 16. THE ADDRESSES FOR THE DELEGATION MEMBERS ARE ATIACHEDfFO~o;lJlC;--,-;----;-;;-;;-- INFORM. ATION. ,¡ l' }I G t.' ~ U \:J 12 !,. r .--___ L..:J /JJ. AUG 16 2001 I l REPLY TO: a 2400 S. E. MI",ort Road, Suite 110, Port st. Lucie, florida 34952-4806 (561) 335-8000 a 318 Senate Office Building, 404 South Monroe Street, Tallahassee, Florida 32399-1100 (850) 4 7-508tO ADM' N. 0 FFI CE a PRUITT.KEN.WEBCleg.stale.fI.us .. Legislature's Webslte: http;/ktww./eg.state.f/.us .- '-" ...., ST. LUCIE COUNTY LEGISLATIVE DELEGATION MEMBERS SENATOR KEN PRUITT 2400 SE MIDPORT RD., SUITE PORT ST. LUCIE, FL 34952-4806 SENATOR BILL POSEY 1802 S FISKE BLVD., SUITE 108 ROCKLEDGE, FL. 32955-3007 REPRESENTATIVE GAYLE HARRELL 121 SW PORT ST. LUCIE BLVD. PORT ST. LUCIE, FL 34984-5099 REPRESENTATIVE RICHARD MACHEK 5353 WEST ATLANTIC AVENUE DELRAY BEACH, FL 33484-8102 REPRESENTATIVE STAN MAYFIELD 1 053 20TH PLACE VERa BEACH, FL 32960-5359 ...... AGENDA REQUEST ..,¡ TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. R-6A DATE: August 28, 2001 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: SUBMITTED BY: Aimort Paul PhilliDs SUBJECT: Accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A), and authorize the Chairman to execute the JP A and Resolution 01-192 authorizing the Chairman to sign the agreement, and accept the Federal Aviation Administration (FAA) grant for the preparation of the Environmental Assessment for the proposed new parallel runway at St. Lucie County International Airport. The FDOT grant provides for $63,500 and the FAA grant provides $150,000 of the $277,000 project total. 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 consists 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, an FDOT funding request of$63,500 to the FDOT for 50 percent ofthe balance was received. The local share of $63,500 was 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 19,200 I, 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 9L127R. 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 are 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: Approved the funding request to the FAA and FDOT on July 10,2001. RECOMMENDATION: Staff recommends that the Board accept the Florida Department ofTransportation (FDOT) Joint Participation Agreement (JPA), and authorize the Chairman to execute the JPA and Resolution 01-192 authorizing the Chairman to sign the agreement, and accept the Federal Aviation Administration (FAA) grant for the preparation ofthe EA at St. Lucie County International Airport. The FDOT grant provides for $63,500 and the FAA grant provides $150,000 of the $277,000 project total. COMMISSION ACTION: !xlAPPROVED [ ]DENIED []OTHER: 3-2 (Barnes and Coward) Reviews & ADDrovals County Attorney:, Originating Dept: Finance:(Check t; Purchasing Other: '-" ""'" St Lucie County INTERNATIONAL Staff Report from St. Lucie County International Airport Board of County Commissioners Paul A. Phillips, Airport Director'¡J August 21, 2001 FLORIDA AIRPORT MANAGERS ASSOCIATION (FAMA) MEETING with FAA & FDOT REGARDING EA FUNDING To: From: Date: Subject: As you may recall, on July 10,2001, the Board authorized the Airport to make application to the Florida Department of Transportation (FDOT) for $63,500, and for the Airport to make a request to the Federal Aviation Administration (FAA) to use the $150,000 of General Aviation (GA) Entitlement Funds, to be used for the preparation of an Environmental Assessment (EA) for the proposed new parallel runway 9L/27R at St. Lucie County International Airport. On Wednesday, August 8, 2001, a meeting was held in Jacksonville with the FAA and the FDOT to discuss the funding of the EA. At the meeting, the FDOT agreed to fund the State share at $63,500 and the FAA agreed to allow the Airport to transfer the $ I 50,000 of GA Entitlement Funds from the Installation of Security Fencing to the Preparation ofthe EA for the proposed new parallel runway. Since the Board at its July lOth meeting approved the use of $63,500 of Airport Carryforward Balance to be used for the EA, and the FDOT has provided $63,500, and the FAA has approved the $150,000, the Airport now has the $277,000 necessary to prepare the EA. Additionally, during the August 8th meeting, the issue of banning touch and go's on the existing runway 9RJ27L was discussed. The FAA was reluctant to unilaterally concur with the Airport's recommendation to ban touch and go's on the existing runway until an analysis can be prepared that simulates the proposed air traffic pattern after construction of the proposed new parallel runway. The FAA has requested this analysis of the air traffic because the construction of the proposed new parallel runway may ultimately cause the noise mitigation benefits that are being sought without the requirement for banning touch and go's on the existing runway. Because the proposed new parallel runway will be used primarily for training, this natural segregation of training traffic from business traffic may lead to the noise benefits, safety enhancements, and capacity enhancements without the need to bap touch and go's. As a result, the Airport recommends that the Board accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A), and authorize the Chairman to execute the JP A and Resolution 0 1-192 authorizing the Chairman to sign the agreement, and accept the Federal Aviation Administration (F AA) grant for the preparation of the EA at St. Lucie County International Airport. The FDOT grant provides for $63,500 and the FAA grant provides $150,000 of the $277 ,000 project total. '-' "-" r:~("":-:-r, 'ED r·"Lio.-.-'_/~_¡ '".. ( . ~. _., v 1 ~ þ." c····· ST ~,...'=:: _~ -. -'. ';":'"'-: ~'.; U.S. Department of Transportation Federal Aviation Administration ORLANDO AIRPORTS DISTRICT OFFICE 5950 Hazeltine National Dr., Suite 400 Orlando, Florida 32822-5024 Phone: (407) 812-6331 Fax: (407) 812-6978 February 6, 2001 Mr. Paul Phillips Airport Director St. Lucie County International Airport 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Dear Mr. Phillips: RE: St. Lucie County International Airport; Ft. Pierce, Florida AlP Number 3-12-0023-2101 Notice of Tentative Allocation We are pleased to announce the Administrator has approved an allocation of $400,000 under the Fiscal Year 2001 Airport Improvement Program for the following specific development at St. Lucie County International Airport: INSTALL PERIMETER FENCING; REHABILITATE RUNWAY 14-32 (PHASE 1 - DESIGN ONLY) Our representative will soon discuss with you the project development, equal employment opportunity and the civil rights requirements. In allocating Federal funds for this project, we considered the representations in your Joint Airport Capital Improvement Program (JACIP) for Federal Assistance as to firm local funds and your ability to proceed promptly with the project. This allocation is contingent upon your developing a project schedule which allows the Federal Aviation Administration to issue a grant offer based on bids by June 1, 2001. Failuré to comply with the schedule may result in cancellation of this allocation. Please find enclosed, a copy of our "Project Management Checklist" which will be used to track the progress of this project. After review of the information, please contact your Airports District Office project manager to coordinate and establish the project schedule. In accordance with 49 CFR Part 26, St. Lucie County will be required to take all necessary and reasonable steps to insure that disadvantaged business enterprises (DBE) have the maximum opportunity to compete for and perform contracts under this PARTNERS IN CREATING TOMORROW'S AIRPORTS .~ '-' ~ 2 project. In this regard, you should contact our Civil Rights Staff at (404) 305-5250 to determine the status of any outstanding requirements under this part. Additionally, you are reminded of the testing laboratory requirements for pavement construction outlined in AC 150/5370-10A, "Standards for Specifying Construction of Airports." In addition, you are required to comply with Advisory Circular 150/5340-1H, "Standards for Airport Markings," by including double-sized markings, outlined in black, with reflective beads on all runway hold lines. We look forward to working with you in the successful accomplishment of this project. Sincerely, Ø!t{~ Acting Manager cc: ASO-9 W. Chewning, FDOT/1 '-' .."" RESOLUTION NO. 01-192 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 411313-1-94-01) TO CONDUCT AN ENVIRONMENT AL ASSESSMENT FOR PROPOSED RUNWAY 9L127R AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding to conduct an Environmental Assessment for Proposed Runway 9L/27R at the St. Lucie County International Airport (Fin. Proj. No. 411313-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of8t. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 411313-1-94-01) to provide funding to Conduct an Environmental Assessment for Proposed Runway 9L/27R at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above-referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. 1 '-' 'wi After motion and second, the vote on this resolution was as follows: Chairperson Frannie Hutchinson Vice-Chairperson Doug Coward Commissioner Cliff Barnes Commissioner Paula A. Lewis Commissioner John D. Bruhn PASSED AND DULY ADOPTED this 28th day of August, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRPERSON APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 , '-" "-" FORM 725-03().06 PUBliC TRANSP ADMIN 07/01 Page 1 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT . FINANCIAL PROJECT NO.: Fund: DS FLAIR Approp: 088719 411313-1-94-01 FLAIR Obj.: 750004 (Item-segment-phasIHequence) Function: 637 Org. Code: 55042010428 Contract No: Federal No: Vendor No: VF 596000835030 Catalog of Federal Domestic Assistance Number. Catalog of State Financial Assistance Number. 55004 THIS AGREEMENT, made and entered into this day of, by and betvveen the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and S1. Lucie County Board of County Commissioners hereinafter referred to as the AGENCY. W I TN 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 ofthe mutual covenants, promises and representations herein, the parties agree as follows: 1.0 Purpose of Agreement The purpose of this Agreement is to Conduct an Environmental Assessment for Proposed Runway 9U27R and as further described in Exhibit(s) A. B. & C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agenc;-.¡ and state the tenns and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. '-' ....,; FORM 725-000-06 PUaUC TRANSP ADMIN 07/0' Pogo 2 at '2 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, wjth 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. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost The total estimated cost of the project is $ 277.000.00 . This amount is based upon the estimate summarized in Exhibit "8" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Deparbnent Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 63,500.00 as detailed in Exhibit "8", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "8", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & 8) 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 fi&} (is not) applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, 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. . '-' """ FORM 725-03Ooœ PUBLIC 'lRANSP ADMIN 07/01 P8Qe 30112 6.20 Payment Provisions: Unless otherwise allowed u(lder 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 for the project, in conformity with requirements established by Departmenfs program guidelines/procedures and "Principles for State and Local Govemments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types ~nd in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. . 7.60 Audit Reports: In additipn to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period off three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. 7.61 Federal Audit In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions or OMS Circular A-133. 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 awarding Federal Agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, the cost of the audit must be paid from non-Federal funds. - '-' ....,¡ FORM 725-030-06 PUBUC TRANSP ADMIN 07/01 Page ~ of 12 The Agency agrees to allow the Department or an independent auditor of the Department. the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB circular A-133, Section .320{d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of auditor 'reports for audits conducted in accordance v.ñth OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Govemor, the State Comptroller, and the Auditor General. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General. In detennining the State awards expended in its fišcal year, the agency shall consider all sources of State awards except State awards except State awards received for Federal program matching requirements shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Ronda Statutes, and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 564, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in intemal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". '-' ....,.¡ FORM 725-1J3O.œ PU8UC TRANSP ADMIN 07101 Pege 5 of 12 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 ofTransportation, District Four, Public Transportation Office 3400 W. Commercial Blvd. Ft. Lauderdale, ROOda, 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 paymènt 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. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in. compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Departments Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data fumished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided..t0r 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. """ ...., FOAM 725-03O-œ PUBUC TRANSP ADMIN 07101 Page 6 of 12 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from 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 t~e Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: Ifthe 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 colTected, or the Department may terminate any or all of its obligations under this Agreement. 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 cany 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) fumilih a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to fumish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 'w .." FORM ~ PUBLIC TRANSP ADMIN 07101 Page 7 of 12 , 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. 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 pelform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of 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 or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar worK, the Agency shall post, 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: ExectJtion 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 government issued thereunder, and the assurance by the Agency pursuant thereto. . ",",,' ...." FORM 72~ PUaLIC TRANSP ADMIN 07101 PIge 8 of 12 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. 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 will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss inculTed in connection therewith. 14.20 Deparbnent Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the 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 hereúnder. 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. ,-,' ""'" FORM 725-030-06 PUBLIC TRANSP ADMIN 07101 Page 9 of 12 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: Ifthe 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 ofthe 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 expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the peñormance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and S~ion 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 Deparbnent shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and 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 notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other YMhin fourteen (14) wor1<ing days and will jointly discuss options in defending the claim. 15.00 Plans and Specifications: In the event thatthis Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations conceming any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Departmenfs satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. ~ ....., FORM 72s.œo.œ J'UBUC lRANSP ADMIN 07101 Pø90 10 of 12 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its 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 cont!'9ct 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 September 30. 2003 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in 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 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any fèderal 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 influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. - 'w' ...", FORM 725-030-06 PUeUC TRANSP ADMIN 07/01 Page 110112 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 or a state agency. " 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 daytime 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 indude 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 for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perfonn 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." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list 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 perfonn work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. '-' """" FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 12 of 12 Financial Project No. 411313-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FOOT St. Lucie County Board of County Commissioners COMPTROLLER FUNDING APPROVAL DATE: BY: ATTORNEY' DEPARTMENT OF TRANSPORTATION TITLE: DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS ATTEST: TITLE: (SEAL) ATTEST: APPROVED AS TO FORM, LEGALITY TITLE: (SEAL) '-' "-" Fin. Proj. No.: 411313-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit foons an integral part of that certain JOint Participation Agreement between the State of Florida, Department of Transportation and 81. Lucie County Board of County Commissioners PROJECT LOCATION: S1. Lucie County Intemational Airport PROJECT DESCRIPTION: Environmental Assessment for Proposed Runway 9U27R 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. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit ·C·. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A ....... ...." Fin. Proj. No.: 411313-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners I. TOTAL PROJECT COST: $277,000 II. PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. 54.00% $150,000 Agency Participation: In-Kind $0 Cash 23.00010 $63,500 Other $0 Maximum Department Participation: Primary (DS) (DDR) (DIM) (PORT) 23.00% $63,500 Federal Reimbursable (DU) (FRA) (DFTA) $0 Local Reimbursable (DL) $0 III. TOTAL PROJECT COST: $XT7,OOO '-' '...,I Exhibit C Page 1 of 2 Fin. Proj. No.: 411313-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners Documents required to be submitted to the department by the Agency in accordance with the tenns of this agreement SUBMITT AUCERTIFICATION BASIS FOR ACCEPTANCE Consultant Selection Compliance Agency Attomey's Certification Design Submittal· 100% Plans, Specifications and Contract Documents, signed and sealed by Registered Professional Engineer 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 Coordinator Office of Modal Development, D4 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 - Criteria for development and certification of plans, specifications, and contract documents is defined in the DESIGN DEVELOPMENT CRITERIA Section of this Exhibit. '-' ..., -... AGENDA REQUEST ITEM NO. R - 6 B DATE: August 28, 2001 REGULAR [ X ] PUBLIC HEARING [ CONSENT [ ] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul Phillips SUBJECT: Approve the Scope of Work with HNTB for $277,000 for the preparation of the Environmental Assessment for the proposed new parallel runway 9L/27R at St. Lucie County International Airport. BACKGROUND: As approved by the Board at the July 10,2001 regular meeting, 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 of the local community, the region, the state, and the nation. Currently, there is a major deficiency in the airport infiastructure 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, 200 I, the Town of St. 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 AVAILABLE IN ACCT#: Funds of$150,000, designated as General Aviation Entitlement Funds, are available from the Federal Aviation Administration (FAA). Funds of $63,500 are 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: On July 10,2001, the Board approved the funding request to the FAA and FDOT. RECOMMENDATION: Staff recommends that the Board approve the Scope ofW ork with HNTB for $277,000 for the preparation of the Environmental Assessment for the proposed new parallel runway 9L/27R at St. Lucie County International Airport. . COMMISSION ACTION: [ ]APPROVED [ ]DENIED ~]OTHER: Pulled bring back in 2 weeks Reviews & Approvals County Attorney: .. Originating Dept: ' Finance:(Check fo - , ~ ....., ST. LUCIE COUNTY INTERNATIONAL AIRPORT ENVIRONMENTAL ASSESSMENT SCOPE OF WORK (August 15, 2001) 1. Study Design The purpose of this task is to develop a detailed study design and schedule for production of the Environmental Assessment (EA). An EA will be developed according to FAA Order 1050.1 D, Policies and Procedures for Considering Environmental Impacts, and the criteria contained in FAA Order 5050AA, Airport Environmental Handbook. Modifications or additions to either of these documents, or any new environmental laws or regulations that change the services to be performed, as defined below, shall be considered a change in the scope of work. Compensation may be renegotiated accordingly. Tasks which would reduce the time to perform the technical work required to complete the EA will be identified. Coordination and communication procedures to be used in the study will be identified. The program for agency and public participation will be identified. Much of the technical analysis will rely on existing documents, including the the on-going Master Plan and Airport Layout Plan Update, the 1994 FAR Part 150 Noise Study, and the 1997 Environmental Assessment (this EA did not receive a Finding of No Significant Impact because operations at FPR had declined to the point that the FAA could not justify funding the project). Data in these studies will be reviewed, and revalidated if necessary. 1.1. Preliminary Scope. A preliminary scope of work including an estimated level of effort and proposed schedule will be prepared for FPR review and comment. Specific work elements pertinent to this subtask follow. · Outline and Schedule. An outline of the anticipated tasks will be prepared to identify issues to be addressed in the scope and to establish the relative importance of and relationships between the recommended tasks. · Project Initiation IData Review Meeting. A coordination meeting will be held to review key issues, potential approaches, and personnel assignments. · Documentation and Submittal to FPR. The outline will be revised as necessary and a detailed scope of work prepared for FPR review. Five copies of the scope, budget, and schedule will be provided. 1.2. Final Scope. Comments from FPR will be incorporated in a final scope of work. Specific work elements pertinent to this subtask follow. · Coordination Meeting. A coordination meeting with FPR will be conducted in Fort Pierce to review and revise the Preliminary Scope of Work. · Incorporate FPR Review Comments. Following distribution of the preliminary scope of work to FPR, a coordination meeting will be held to ensure mutual understanding of key . '-' ....., issues, appropriate levels of effort, and the responsibilities of all participants. The preliminary scope of work will be annotated to indicate the consensus on revisions to the scope of work. · Documentation and Submittal to FPR. The preliminary scope of work, budget and schedule will be revised in accordance with the consensus comments compiled above. Five copies of the final materials will be provided. 2. Agency Coordination Although formal scoping is not required for an EA, coordination with potentially interested agencies at the initiation of the study reduces the possibility that concerns raised late in the process could delay completion of the FAA's environmental finding. Initial agency coordination will also help to identify any State of Florida environmental requirements. 2.1. Distribution List and Notice. A notice of intent to conduct an EA, accompanied by a scoping document, will be prepared for distribution by FPR. The scoping document will outline the need for the proposed action, the alternatives under consideration, the potentially affected environment, and the anticipated environmental issues. An agency mailing list for use in distributing this initial package, and for announcing the public hearing will be prepared. · Distribution Lists. The agency distribution list will be updated and revised as necessary. · Draft Notice. The consultant will prepare a draft notice of intent and a scoping document. As noted above, the scoping document will include a description of the purpose and need, alternatives, and affected environment in order to give concerned agencies sufficient information to provide meaningful comments on the issues to be addressed. · Submit to FPR. Five copies of the draft notice and scoping document will be provided for FPR review. · Revise/Distribute. FPR comments will be incorporated in the final package. Up to 30 copies of the final package will be distributed in accordance with the distribution list. 2.2. Consolidate Suggestions. Agency comments will be reviewed for relevance to the EA scope of work. The consultant will prepare a brief summary of comments and potential impacts on EA analyses for review and discussion with FPR. Specific work elements pertinent to this subtask follow. · Compile Comments. Comments received from agencies will be reviewed and listed by subject. A preliminary summary will be prepared for subsequent incorporation in the EA as an appendix. · Draft Responses. The consultant will review the list of comments and will either develop responses or request FPR to respond as appropriate. Responses will be included in the appendix described above. Direct responses through correspondence with agencies is not anticipated. · Submit to FPR. Five copies of the comment and response summary will be provided for FPR and FAA review. · Final Responses. FPR comments will be incorporated in the final appendix. . '-' ..., 3. Purpose and Need The statement of purpose and need largely defines the range of reasonable alternatives. A clear statement of the needs to be met will help to eliminate alternatives which are not consistent with the real needs of the airport. 3.1. Description of Problem. The Consultant will compile data necessary to clearly define the Purpose and Need for the proposed improvements at the airport. This chapter will include forecasts of aviation demand, including based aircraft, fleet mix, and operations. The consultant will use the FAA approved forecast developed in the on-going Master Plan. These forecasts will also be used later in the EA in the Integrated Noise Model (INM) and the Emissions Dispersion Modeling System (EDMS). 3.2. Proposed Project. The consultant will prepare a description of the proposed project including any physical and operational changes required to accommodate the proposed new runway. This will be drawn largely from existing source materials, including the 1994 FAR Part 150 Study, and the on-going Master Plan and Airport Layout Plan Update. 3.3. Federal ActionfTimeframe. The consultant will identify the Federal actions required in association with the proposed action and the estimated timeframe for these actions. 3.4. Documentation. The consultant will prepare a preliminary draft Purpose and Need chapter for review and comment. Following FPR review, the chapter will be prepared for incorporation in the Draft EA (DEA). · Preliminary Draft Chapter. Five copies of a preliminary draft chapter will be distributed to FPR for review and comment. · Coordination Meeting. A coordination meeting will be conducted to finalize proposed revisions to the draft chapter. · Draft Chapter. The consultant will revise the preliminary draft chapter to incorporate revisions as agreed at the coordination meeting. 4. Project Alternatives Analysis of altematives is the key to the NEPA process. NEPA analysis must consider reasonable alternatives to the proposed project that would minimize adverse impacts. Accordingly, the number of alternatives to be considered will be influenced by the degree of potential impact as well as the stated project purpose and need. In the interest of efficiency and clear decision making, detailed consideration of alternatives which do not differ substantially, should be avoided. A screening process including consideration of potential impacts as well as whether or not a given alternative meets the purpose and need will eliminate altematives that do not differ meaningfully in benefits or impacts. 4.1. Potential Alternatives. '-" -.",;I The consultant will list potential alternatives based on planning studies conducted to date as well as coordination with interested agencies. It is anticipated that the following alternatives will be considered: 1. No Action 2. Alternative Modes of Transportation 3. Alternative Existing Airport Sites 4. New Airport Alternatives 5. New Runway Alternatives 4.2. Alternatives Recommended for Detailed Evaluation. The purpose of this subtask is to ensure that any reasonable alternative meeting the purpose and need for the proposed project that would be environmentally comparable to or preferable to the proposed project is considered. Specific work elements pertinent to this subtask follow. · Screening. Potential alternatives will be evaluated with respect to their ability to meet the defined Purpose and Need, their relative environmental and airport development impacts, and the availability of environmentally superior alternatives providing similar benefits. · Description of Alternatives Eliminated. Alternatives eliminated from further consideration and the reasons for such elimination will be documented in a brief narrative based on the screening analysis described above. . Description of Alternatives Retained for Further Analysis. The consultant will prepare conceptual layouts of the alternatives recommended for detailed consideration for use in identifying potential impacts. For scoping purposes, it is assumed that a maximum of four alternatives, including the No Action Alternative will be retained for detailed environmental analysis. The description of the alternatives will include a brief summary of physical development and operational characteristics. It is anticipated that the following alternatives will be retained for detailed environmental analysis. 1. 3100' separation 2. 3800' separation 3. 4300' separation 4. No Action. 4.3. Summary Comparison of Alternatives. Following completion of the relevant environmental analyses in Task 6, the consultant will prepare a table comparing the environmental, airport development, and operational characteristics of each alternative under detailed consideration. This summary will present the alternatives in comparative form to provide a clear basis for choices among options. 4.4. Documentation. The consultant will prepare a preliminary draft Alternatives chapter for review and comment. Following FPR review, the draft chapter will be prepared for incorporation in the DEA. Specific work elements pertinent to this subtask follow. · Preliminary Draft Chapter. Five copies of a preliminary draft chapter will be distributed to FPR for review and comment. '-' ...", · Coordination Meeting. A coordination meeting will be conducted to finalize proposed revisions to the draft chapter. · Draft Chapter. The consultant will revise the preliminary draft chapter to incorporate revisions as agreed at the coordination meeting. 5. Affected Environment The purpose of this task is to document the environment potentially affected by the proposed project and/or its alternatives. Except as otherwise indicated, the description of the affected environment will use existing published data. The following descriptions of the affected environment includes the study area for each of the impact categories to be evaluated. Documentation will include maps with existing and planned land uses, including residential developments, parks, schools, churches, hospitals, historic sites, water resource boundaries and potentially affected wetlands as appropriate. Issues addressed in this task include geographic area(s) to be investigated, data sources, and methodologies to be used. 5.1. Existing Noise Environment. The consultant will prepare 65, 70, and 75 Day/Night Noise Level (DNL) contours. The contours will be prepared using the assumptions contained in the 1994 FAR Part 150 Study. The consultant will revalidate or revise these assumptions by coordinating with ATCT and FPR personnel. · Base Year INM Analysis. The base year noise analysis will yield a baseline from which to compare the future condition No Action Alternative. The noise contours will be shown on a base map illustrating land use. Land use information will be provided to the Consultant by the County in a GIS format. · Population Impacts (DNL). Counts of population and dwelling units within the 65, 70, and 75 DNL contours will be made for the existing conditions. Parcel counts will identify residential (single and multi-family) parcels as well as commercial/industrial, school, places of worship and parks. Census tract data will be applied to parcel types to determine the population within the contours. · Draft Section. A brief technical memo documenting the analysis and findings of this task will be prepared for incorporation in the Affected Environment chapter. 5.2. Land Use/Development. Land use and development information will be assembled for the area within the noise contours developed in Task 5.1. Existing information will be used to provide land use and community development information including residential areas and recreational facilities. No field research will be conducted. Specific work elements pertinent to this task follow. · Assemble Existing Data. Existing data and previously published information will be reviewed and assembled. · Land Use/Zoning Maps. The land uses/zoning identified within an area approximating the anticipated extent of the DNL 65 contour associated with potential aircraft activity will be reviewed to confirm land uses/zoning previously documented are still in place or supply new data. Existing and future land use and zoning information will be provided to the Consultant by the County in GIS format. ...... ......" · Draft Section. A brief technical memo documenting the analysis and findings of this task will be prepared for incorporation in the Affected Environment working paper. 5.3. Cultural Resources. Information on historic and cultural resources will be assembled for the area within the noise contours developed in Task 5.1. Existing data relating to historic, architectural, archaeological and cultural resources will be assembled for documentation purposes. No field research will be conducted. The provisions of the National Historic Preservation Act of 1966 and the Archaeological and Historic Act of 1974 will be considered. Specific work elements pertinent to this task follow. · Assemble Existing Data. Existing data and previously published information will be reviewed and assembled. · Identify/Map Issues. Areas previously studied will be mapped and documented in a graphic for use in Cultural Resources section of the Affected Environment Chapter. The area of potential construction activity will be estimated to establish the Area of Potential Effect (APE) on archaeological and other non-noise sensitive cultural resources. The area within the 65 DNL contour will be used to establish the APE for potentially noise sensitive resources. · Draft Section. A brief technical memo documenting the analysis and findings of this task will be prepared for incorporation in the Affected Environment working paper. 5.4. Air Quality. The description of existing air quality conditions and relevant provIsions of the State Implementation Plan (SIP) will be summarized from existing materials. Specific work elements pertinent to this task follow. · Assemble Existing Data. Existing data and previously published information will be reviewed and assembled. · Draft Section. A brief technical memo documenting the analysis and findings of this task will be prepared for incorporation in the Affected Environment chapter. 5.5. Water Resources & Wetlands. The description of existing water quality and wetlands conditions will be summarized from existing materials. Specific work elements pertinent to this task follow. · Assemble Existing Data. Existing data and previously published information will be reviewed and assembled. · Identify/Map Water Quality Issues. Drainage basins and wetlands potentially affected by the alternatives under detailed consideration will be mapped and briefly described. · Draft Section. A brief technical memo documenting the analysis and findings of this task will be prepared for incorporation in the Affected Environment chapter. 5.6. Biotic Communities/Endangered Species. The description of biotic communities and endangered and threatened species will be summarized from existing materials. Specific work elements pertinent to this task follow. · Assemble Existing Data. Existing data and previously published information will be reviewed and assembled. The Consultant will contact the U.S. Fish and Wildlife Service and the State Department of Natural Resources to update lists of endangered and threatened species. '-' ....,., · Draft Section. A brief technical memo documenting the analysis and findings of this task will be prepared for incorporation in the Affected Environment chapter. 5.7. Hazardous Matereials. Presently, hazardous materials (including hazardous wastes, environmental contamination, and other regulated substances such as fuel and deicing chemicals) are not specifically included among the EA assessment categories identified in FAA Order 5050AA, Airport Environmental Handbook. However, because sites containing hazardous materials or environmental contamination can have impacts on soils, surface water, groundwater and air quality, this section will provide an overview of what is known about these areas located on airport property. · Assemble Existing Data. The Consultant will coordinate with environmental agencies, and review existing documents to determine the location of any existing hazardous material sites (if any). This information will be used to determine what impact the Proposed Action and other build alternatives will have on these sites. . Draft Section. A brief technical memo documenting the analysis and findings of this task will be prepared for incorporation in the Affected Environment chapter. 5.8. Documentation. The Consultant will prepare a draft Affected Environment chapter for review and comment. Following FPR review, the final chapter will be prepared for incorporation in the DEA. Specific work elements pertinent to this task follow. · Preliminary Draft Chapter. A working paper will be reproduced in 5 copies for FPR review and comment. · Draft Chapter. Following review and comment by FPR, the working paper will be revised and incorporated in the DEA as the Affected Environment Chapter. 6. Environmental Consequences The purpose of this task is to assess the environmental consequences of the proposed project, the No Action Alternative, and those alternatives identified in Task 4 to be retained for detailed environmental analysis. All categories of impacts will be analyzed according to the criteria included in Order 5050AA, Paragraph 47e. Impact analyses will be conducted for the first full year after implementation of the project, and five years after implementation. Sections will begin with a brief summary of the relative performance of each alternative with respect to the impact category under evaluation. 6.1. Noise. The noise analysis will be performed using the Integrated Noise Model (INM) Version 6.0b. Contours shall be generated in accordance with the guidelines of FAA for noise compatibility and environmental studies. Specific work elements pertinent to this task follow. · Operational Assumptions. In consultation with the ATCT, flight tracks will be adjusted to reflect the proposed action and practicable alternatives. The Consultant will prepare a "'" ..." summary of adjusted flight tracks for the alternatives under detailed consideration for consultation and concurrence. · INM Analyses. The INM will be used to generate DNL contours for the first full year after implementation of the project, and five years after implementation. The DNL contours (65, 70, and 75 DNL) will be shown on the land use base map for incorporation in the Environmental Analysis working paper. · Population Impacts (DNL). Counts of population and dwelling units within the 65, 70, and 75 DNL contours will be completed for the first full year after implementation of the project, and five years after implementation. Parcel counts will identify residential (single and multi-family) parcels as well as commercial/industrial, school, places of worship and parks. Census tract data will be applied to parcel types to determine the population within the contours. · Draft Section. A technical memo documenting the analysis and findings of this task will be prepared for incorporation in the Environmental Analysis chapter. 6.2. Compatible Land Use. This analysis will include a discussion of noise levels in the airport environs, any local airport noise zoning, and the current FAA Land Use Compatibility Guidelines. The analysis will include the size of the various land uses within the 65, 70, and 75 DNL noise contours, population, schools, churches, parks and other noise sensitive uses within the contours. Available mitigation measures will be addressed. Population and housing unit estimates will be developed. Specific work elements pertinent to this subtask follow. · Identify/describe Non-Compatible L.U. The noise contours produced in Subtask 6.1 will be overlaid on a land use base map. Non-compatible land uses will be identified graphically. · Draft Section. A technical memo documenting the analysis and findings of this task will be prepared for incorporation in the Environmental Analysis working paper. 6.3. Social/Induced Socioeconomic. This section will discuss social impacts including residential or business relocation, alteration of surface transportation patterns, the division or disruption of established communities, the disruption of orderly planned development, or an appreciable change in employment. Induced impacts will not normally be significant unless other impacts such as noise, land use compatibility, or direct social impacts are involved. This subtask will identify any potentially significant impacts in related categories to establish the likelihood of significant induced impacts. Specific work elements pertinent to this subtask follow. · Residential/Business Relocation. The physical limits of construction, as well as the noise contours developed in Section 6.1 will be examined to determine whether or not residential and/or business relocation will be required. It is not anticipated that these alternatives would involve any relocations. · Suñace Transportation Patterns. Changes in surface transportation patterns, such as the development of new entrance roadways or changes in the nature of traffic using existing roadways will be identified for the alternatives recommended for detailed consideration. It is not anticipated that these alternatives would involve significant changes to surface traffic patterns or to the types of traffic using the surrounding roadways. Accordingly, this analysis will consist of documentation that the location, '-" ....., volume and nature of surface traffic associated with the proposed action and practicable alternatives will not differ significantly from the No Action alternative. · Division of Established Communities. The physical limits of construction, as well as the noise contours developed in Section 6.1 will be examined to determine whether or not any established communities will be divided as a result of the Preferred Alternative or any of the other alternatives carried through for detailed environmental analysis. It is not anticipated that these alternatives would involve any division of established communities. · Disruption of Orderly Planned Development. The physical limits of construction, as well as the noise contours developed in Section 6.1 will be examined to determine whether or not the Preferred Alternative or any of the other alternatives carried through for detailed environmental analysis will disrupt planned development. It is not anticipated that these alternatives would disrupt planned development. · Appreciable Change in Employment. Each alternative carried through for detailed environmental analysis will be evaluated for its potential to impact employment. It is not anticipated that any of the alternatives will have an appreciable impact on local employment. · Draft Section. A technical memo documenting the analysis and findings of this task will be prepared for incorporation in the Environmental Analysis working paper. 6.4. Air Quality. The FAA/USAF Emissions Dispersion Modeling System (EDMS) will be used to prepare a detailed emissions inventory for each alternative. An emissions inventory for aircraft and vehicular traffic will be conducted using the EDMS to determine if increased emissions due to the alternatives would exceed the "de minimis" levels established in the 1990 Amendments to the Clean Air Act. EDMS is the approved model for assessment of the air quality impact of aircraft, on-airport vehicular traffic and ground support vehicular operations. It is not anticipated that· de-minimis levels will be exceeded, accordingly no dispersion analysis will be conducted. Specific work elements pertinent to this subtask follow. · Pollutant Emission Projections. Pollutant emission inventories will be determined for the the first full year after implementation of the project, and five years after implementation. · EDMS De-Minimis Analyses. The difference between the existing condition and future No Action and build altematives will be compared to the National Ambient Air Quality Standards de minimus levels identified in 40 CFR Part 51, Subpart I, § 51.853 (b)(1) for, CO (100 tons/year), N02 (100 tons/year), S02 (100 tons/year) and for serious non- attainment rates for NOx (serious NAAs 50 tons/year). The EDMS generates emissions for CO, HC, SOx and NOx, and these pollutants will be the basis for the emissions comparison. · Draft/Final Section. A technical memo documenting the analysis and findings of this task will be prepared for incorporation in the Environmental Analysis working paper. 6.5. Water Quality. The assessment of potential water quality issues will address increased stormwater discharge and changes in drainage patterns associated with the alternatives under detailed consideration. Specific work elements pertinent to this subtask follow. · Increase in Impervious Surface. Increased pavement could result in an adverse impact to surface water quality. The magnitude of any estimated impacts will be '-' "-" determined. Analysis of water quality impacts will be based on the conceptual layouts described in Task 4.2. Should any adverse impacts be forecast, the consultant will also identify potential mitigation measures at the conceptual level. Stormwater mitigation measures will include application of state and federal Best Management Practices. · Draft Section. A technical memo documenting the analysis and findings of this task will be provided. This memo will be reviewed and incorporated in the Environmental Analysis working paper. 6.6. Hist./Arch./Cult./DOT Section 4 (t). Section 4(f) of the U.S. Department of Transportation Act of 1966 (23 U.S.C. 138) prohibits use of land from a public park, recreation area, wildlife or waterfowl refuge of national, state, or local significance or any historic site of national, state, or local significance unless it can be demonstrated that there are no feasible and prudent alternatives to avoid the property and that the proposed project included all possible planning to minimize impacts. Specific work elements pertinent to this subtask follow. · Assessment of Physical Use. The physical footprints of alternatives under detailed consideration will be examined to determine if protected sites identified in Task 5 are affected. No physical use of protected resources is anticipated. · Assessment of Constructive Use. Noise contours developed in Task 6.1 will be used to assess the potential constructive use of protected resources. No constructive use of protected resources is anticipated. · Draft Section. A technical memo documenting the analysis and findings of this task will be prepared for incorporation in the Environmental Analysis working paper. 6.7. Biotic Communities/Endangered Species. Each alternative will be analyzed for significant short term and long term adverse impacts on wildlife and fisheries habitat. For actions creating potential adverse impacts to habitat, mitigation measures will be proposed specific to the habitat affected. Specific work elements pertinent to this subtask follow. · Potential Impact Areas. The potential impact of the conceptual designs for practicable alternatives will be assessed for any habitat areas identified in the Affected Environment analysis. Physical disruption and potential changes in vegetation and water flows will be considered. · Habitat Impacts. Impacts to specific wildlife/fisheries habitat including rare, threatened and endangered species will be determined. For adverse impacts resulting from the alternatives under consideration, potential mitigation measures will be identified. · Draft Section. A technical memo documenting the analysis and findings of this task will be prepared for incorporation in the Environmental Analysis chapter. 6.8. Wetlands. Analysis of water quality impacts will be based on the conceptual layouts described in Task 4.2. Should any adverse impacts be forecast, the consultant will also identify potential mitigation measures at the conceptual level. Specific work elements pertinent to this subtask follow. · Potential Impact Areas. The potential impact of the conceptual designs for practicable alternatives will be assessed for wetland areas identified in the Affected Environment analysis. For adverse impacts resulting from the alternatives under consideration, ~ .."", potential mitigation measures will be identified. · Draft Section. A technical memo documenting the analysis and findings of this task will be provided. This memo will be reviewed and incorporated in the Environmental Analysis working paper. 6.9. Energy/Natural Resources. It is not anticipated that the proposed project will increase consumption of energy and natural resources. A determination of no adverse impacts will be documented. 6.10. Light Emissions. The assessment of light emiSSions is intended to evaluate the potential annoyance of residents in the vicinity of light systems. Considering the existing surrounds, it is not anticipated that light emissions will impact new residential areas. A determination of no adverse impacts will be documented. 6.11. Solid Waste. The proposed new runway will not generate additional solid waste beyond those currently experienced at the airport. A determination of no adverse impacts will be documented. 6.12. Construction. The impacts of construction activity will be evaluated including: noise from construction, dust associated with construction, borrow and disposal areas, transportation of fill, air pollution and water pollution. Specific work elements pertinent to this subtask follow. · Potential Impact Areas. Potential impacts for conceptual designs for practicable alternatives will be assessed for impacts associated with construction. Physical disruption and potential changes in traffic flow will be considered. · Mitigation. Best Management Practice measures will be described as required for mitigation. · Draft Section. A technical memo documenting the analysis and findings of this task will be prepared for incorporation in the Environmental Analysis chapter. 6.13. Environmental Justice. The purpose of analyzing environmental justice is to determine if any of the practicable altematives would entail a disproportionate impact on low income or minority populations. Potential displacement, noise impacts and economic impacts will be addressed. Since displacement and economic impact of minority and/or low income population is not anticipated, a brief statement to that effect will be included in the EA and no analysis of displacement and economic impacts are anticipated. Specific work elements pertinent to this subtask follow. · . Noise Impact. Minority or low income populations affected by significant noise levels associated with the practicable alternatives will be identified using Census data. The proportion of such populations within the noise contours will be compared to regional proportions. Analysis will be conducted at the Census Block Group level. · Draft Section. A technical memo documenting the analysis and findings of this task will be prepared for incorporation in the Environmental Analysis chapter. 6.14. Floodplains. '-'" -.I It is not anticipated that the proposed project will encroach upon the 1 OO-year floodplain. A determination of no adverse impacts will be documented. 6.15. Farmland It is not anticipated that the proposed project will impact any prime farmland. A determination of no adverse impacts will be documented. 6.16. Design, Art and Architectural and Visual Impacts. Appropriate consideration is to be given in instances of adverse visual impacts or disruption of visible landscapes. It is not anticipated that the proposed project or the practicable alternatives will provide an impact in this category. A determination of no adverse impacts will be documented. 6.17. Other Impact Categories. Consideration of impacts to coastal zone and wild and scenic rivers are required by 5050.4A. The area of potential effect for the proposed project do not include either of these categories. There will be no impact on these categories due this project. A statement to this effect will be included in the document. 6.18. Hazardous Materials. The physical footprints of alternatives under detailed consideration will be examined to determine if any hazardous material sites identified in Task 5 are affected. No impacts to hazardous waste sites is anticipated. 6.19. Cumulative Impacts. The incremental impact of an action, when added to other past, present, and reasonably foreseeable future actions - regardless of what agency (federal or non-federal), or person assumes the other actions (CEQ 1508.7) - may be significant. Specific work elements pertinent to this subtask follow. · Cumulative Projects. Public and private development in the affected environment which could generate impacts in any of the previously discussed environmental categories will be identified through review of airport development plans, and coordination with FPR and County personnel. Interviews with local and regional planning agencies will be conducted to identify potential off-airport public and private actions. · Potential Impacts. The potential impacts of the development identified above will be estimated for each environmental impact category. These impacts will be added to the corresponding project related impacts. Each environmental impact category will include a discussion of cumulative impacts. 6.20. Documentation. The Consultant will prepare a draft Environmental Consequences chapter for review and comment. Following FPR review, the final chapter will be prepared for incorporation in the DEA. Specific work elements pertinent to this task follow. · Preliminary Draft Chapter. A working paper will be reproduced in 5 copies for FPR review and comment. 'wi """" · Draft Chapter. Following review and comment by the FPR, the working paper will be revised and incorporated in the DEA as the Affected Environment Chapter. 7. Draft EA The environmental analysis will be documented in a Draft EA (DEA) prepared in accordance with FAA Orders 5050.4A and 1050.1 D. FPR will review draft materials as they are prepared so that they maintain control over the document throughout its preparation. Revisions will be highlighted (bold type, shaded, underlined, etc.) for ease in identifying the changes since the last review. The DEA will be circulated for comment at a public hearing. The Consultant will be responsible for the organization and maintenance of the project files. 7.1. Preliminary Draft. A preliminary Draft EA will be prepared for FAA and FPR review. The preliminary draft will consist of the body of the report. Five copies using color graphics as appropriate will be provided. Appended materials for this first submission will be included only as necessary for meaningful review. 7.2. Review/Revise. The Consultant will be responsible for incorporating comments from FAA and FPR. FAA and FPR will provide consolidated comments representing the consensus position of each agency. Comments and suggestions will be provided to the Consultant by annotated copies of the preliminary document, or in digital form. The Consultant will make all changes to the master document. 7.3 Publish DEA. The preliminary DEA will be revised as required and approved by FAA and FPR. The Consultant will print 50 copies of the DEA using color reproduction as appropriate. The Consultant will develop a distribution list in consultation with FAA and FPR, and will distribute the DEA accordingly. 7.4. Notice of Public Hearing. The consultant will prepare a notice of the Public Hearing to be published in an area-wide or local newspaper of general circulation. In addition, the consultant shall prepare and mail notice of the public hearing to the agencies included on the mailing list developed in Section 2.1. FPR shall provide the consultant with a mailing list of local residences who shall receive notice of the hearing. This list shall not exceed 300 addresses. 8. Public Hearing A public hearing will be conducted on the DEA. The format of this hearing will be determined in consultation with FPR. Opportunities will be provided for public comments on the DEA. A written transcript of comments will be prepared. The Consultant, in conjunction with FPR, will arrange for the hearing location, hearing officer, graphics, and prepare and mail announcements. 8.1. Preparation. The Consultant will prepare room layouts for the hearing. FPR will make arrangements for a \wi ~ court reporter to attend the meeting. Presentation materials will be derived from materials developed in preparation of the DEA. This subtask includes the preparation of presentation boards, preparation and reproduction of up to 200 public handouts, and preparation of sign- in sheets and 200 comment sheets. Rental of a room, if required, is not included in this task. 8.2. Assist in Hearing. Key members of the Consultant Team will attend the public hearing. The Consultant will assist the public to sign-in and to submit written comments. The court reporter will be available at the meeting to record individual comments. 8.3. Respond to Comments. In cooperation with the FAA and FPR, the Consultant will prepare responses to the agency and public comments received on the document. FPR will be provided drafts of the responses for review, as they are prepared. Since the nature and extent of comments are unpredictable, the estimates of effort required to address comments must be based on some initial parameters. Accordingly, it is assumed that responses will require no additional technical analysis and that the responses can be prepared in an appendix to the FEA. Additional work in excess of those limits will constitute additional services. Specific work elements pertinent to this task follow. · Preliminary Responses. In consultation with FPR and FAA, the Consultant will compile and categorize comments. The Consultant will develop preliminary responses to comments related to technical analyses contained in the EA, and will assist FPR in developing responses on other topics. The Consultant will consolidate comments and preliminary responses for review. · Review/Revise. The Consultant will incorporate into the document FPR revisions to the preliminary responses. Revisions will be highlighted by the Consultant (bold type, shaded, underlined, etc.) for ease in identifying the changes to the preliminary responses. Final comments and responses will be incorporated in the FEA. It is assumed that additional technical analyses will not be required to prepare the FEA. 9. Final EA A preliminary Final EA (FEA) will be prepared for FPR and FAA review. The preliminary document will consist of the body of the report. Appended materials will be included as necessary for meaningful review. The preliminary document will be produced in 5 copies using color reproduction. The FEA will be printed in 50 copies using color reproduction as appropriate. 9.1 Preliminary. A preliminary Final EA will be prepared for FPR and FAA review. The preliminary draft will consist of the body of the report. Appended materials will be included only as necessary for meaningful review. The Consultant will incorporate agreed revisions to the DEA in the preliminary draft. Such agreed revisions will be highlighted. The contents of appendices will be identified, but appended material will not be included in the preliminary draft. 9.2. Review/Revise. The Consultant will incorporate comments from FPR and FAA on the preliminary FEA. FPR I- a:: 0 c. a:: I- ë( Z ...J W < :æ z tJ) 0 tJ) ¡:: w c < tJ) 0 tJ) :¡:¡ Z II < ... a:: 0 w ...J c. ~ ... I- 0 Z <..> Z ŒI ~ W I- :æ z :z: Z Z =:I 0 0 a:: () > w z () W =:I ...J ~ tJ) o 0 0 0 ?,'''' 0 88 co 0000 0 co - 0000 0 00 c> 0 00 .. '" o~ II) ~;:;:~~~ M Il'iÑ cD NN .. fit Ißo .. tA- ,.... '" '" '" N '" ... Ih 000000 0 88 ... 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'ë' iSN N "I v "I" '" v VV N ~ "I" 11. :t: I/O C ë ~ 0 I/O CD '" "" ~ E c '" "t:I C < C CD "" e Ig :II: ~ CD '" ¡;; u¡ C z E .;; ë ~ I.g 0 ~ c om I/O 0 oð W II> CD <..> E 0 g CD "t:I C ¡:is :t: ¡:is I/O Ü ~ I~ Ig e .s.! u¡ :g .~ II> .;; = 1; ¡;; ...J ::0 e CD c ~ ¡¡¡ ::0 ~ C Ci ::0 <'i: 11. 11. W 11. ü: , , , , . , , , , 0 ~ N '" V III '" .... a> '" I- ...,; ...J~ :z:o a::Õò ~ ì3 '-' ., AGENDA REOUEST ITEM NO. 7 DATE: August 28, 2001 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 01-191 - Concurring with the Six County Coalition for Responsible Coalition for Responsible Management of Lake Okeechobee and the St. Lucie and Caloosahatchee Estuaries and Lake Worth Lagoon adopted August 13, 200I. BACKGROUND: The Six County Coalition was formed in order to expedite local, state, and federal action to protect and improve the natural values and essential public use of Lake Okeechobee and the St. Lucie and Caloosahatchee Estuaries and Lake Worth Lagoon. On August 13, 2001, the Six County Coalition for responsible management of Lake Okeechobee and the St. Lucie and Caloosahatchee Estuaries and Lake Worth Lagoon adopted a resolution calling upon the Army Corps of Engineers (Corps) to expedite review and approval of the Indian River Lagoon Restoration Feasibility Study Plan (IRL Plan) and keep it on schedule for inclusion in Water Resources Development Act (WRDA) 2002. The resolution of the Six County Coalition further requested that the Corps and South Florida Water Management District simultaneously proceed with the Indian River Lagoon Restoration Feasibility Study Plan refinements a part of the Comprehensive Everglades Reformation Plan (CERP) Adaptive Management Process, as required by Congress, and in order that the greatest total ecosystem-wide benefits be obtained from each CERP Plan Element. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 01-191 as drafted. W' ...., COMMISSION ACTION: CE: [xl APPROVED [] DENIED [ ] OTHER: 5-0 County Attorney: t9r Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicableJ___ Eff. 5/96 '-" "-" RESOLUTION NO. 01-191 A RESOLUTION CONCURRING WITH THE RESOLUTION OF THE SIX COUNTY COALITION FOR RESPONSIBLE MANAGEMENT OF LAKE OKEECHOBEE AND THE ST. LUCIE AND CALOOSAHATCHEE ESTUARIES AND LAKE WORTH LAGOON ADOPTED AUGUST 13, 2001 WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: 1. The Six County Coalition was formed in order to expedite local, state, and federal action to protect and improve the natural values and essential public uses of Lake Okeechobee and the St. Lucie and Caloosahatchee Estuaries and Lake Worth Lagoon. 2. On August 13, 2001, the Six County Coalition for responsible management of Lake Okeechobee and the St. Lucie and Caloosahatchee Estuaries and Lake Worth Lagoon adopted a resolution calling upon the Army Corps of Engineers (Corps) to expedite review and approval of the Indian River Lagoon Restoration Feasibility Study Plan (IRL Plan) and keep it on schedule for inclusion in Water Resources Development Act (WRDA) 2002. 3. The resolution of the Six County Coalition further requested that the Corps and South Florida Water Management District simultaneously proceed with the Indian River Lagoon Restoration Feasibility Study Plan refinements as part of the Comprehensive Everglades Restoration Plan (CERP) Adaptive Management Process, as required by Congress, and in order that the greatest total ecosystem-wide benefits be obtained from each CERP Plan Element. 4. Further, the resolution of the Six County Coalition also urged elected representatives at local, state and federal levels of government to join in supporting implementation of the CERP elements that are ready to move forward in requiring improved management of the water · '-" ""'" management system and natural resources already in place, and in integrating new and existing CERP elements for the maximum natural system and public benefits possible. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of 81. Lucie County, Florida: 1. This Board does hereby concur with the resolution of the Six County Coalition for responsible management of Lake Okeechobee and 81. Lucie and Caloosahatchee Estuaries and Lake Worth Lagoon adopted August 13,2001 as described herein. 2. The County Administrator is hereby directed to forward a copy of this resolution to Mr. David Hazellif, Chairman, Six County Coalition. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson xx Vice Chairman Doug Coward xx Commissioner Paula A. Lewis xx Commissioner Cliff Barnes xx Commissioner John D. Bruhn xx PASSED AND DULY ADOPTED this 28th day of August, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '-' AGENDA REOUEST MM NO. SA DATE: August 28, 2001 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: Resolution No. 01-194/ Court System Advisory Board BACKGROUND: The Public Safety Coordinating Council met on August 22,2001. This committee consists of Chairman, Board of County Commissioners, Chief County Court Judge, Sheriff, Chief Correctional Officer, State Attorney, Public Defender, State Probation Program Administrator, and Substance Abuse Treatment Program Representative. The committee recommended that the Board of County Commissioners appoint a Court System Advisory Board to plan future court needs within the county. The committee would consist of: (1) Public Safety Coordinating Council (2) Clerk of Court (3) Court Administrator (4) one representative designated by the St. Lucie County Bar Association (5) one representative designated by the PSL Bar Association (6) one representative designated by the Citizen's Budget Committee This committee would work in conjunction with the Public Safety Coordinating Council. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-194 creating the Court System Advisory Board, and providing for duties and functions of the Board. [x] APPROVED [ ] DENIED [ ] OTHER: 5-0 COMMISSION ACTION: '-' ,..", RESOLUTION NO. 01-194 A RESOLUTION CREATING THE COURT SYSTEM ADVISORY BOARD, AND PROVIDING FOR DUTIES AND FUNCTIONS OF THE BOARD WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: 1. On August 22, 2001, the Public Safety Coordinating Council met, which consists of the Chairman of the Board of County Commissioners, Chief County Court Judge, Sheriff, Chief Correctional Officer, State Attorney, Public Defender, State Probation Program Administrator, and Substance Abuse Treatment Program Representative. 2. The Public Safety Coordinating Council recommended that the Board of County Commissioners appoint a Court System Advisory Board for the purpose of planning future court needs within the county, and to review and provide recommendations in all aspects relating to standard policies, procedures, and budgetary needs for the court system. 3. This Board should create a Court System Advisory Board and further define the duties and functions of the Court System Advisory Board. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby create the Court System Advisory Board. This Board shall have the following duties and functions: a. The Court System Advisory Board will plan future court needs within the County and work in conjunction with the Public Safety Coordinating Council. b. Prepare a Technology Plan and review and update it annually. c. Monitor the level of court support available to County offices and devise '-" ...., strategies for improving it as necessary. d. Assist in establishment of Court System Budget. e. Provide assistance on the types and amount of training that should be available. f. Set priorities that help guide the development efforts of the Court System. g. Recommend revisions in policies and procedures that impact Court System use. 2. The action, decisions and recommendations ofthe Court System Advisory Board shall not be final or binding on the Board of County Commissioners, but shall be advisory only. 3. The Court System Advisory Board shall consist of thirteen (13) members who shall be appointed as follows: a. Chairman of the Board of County Commissioners b. Chief County Court Judge c. Sheriff d. Chief Correctional Officer e. State Attorney f. Public Defender g. State Probation Program Administrator h. Substance Abuse Treatment Program Representative 1. Clerk of Court J. Court Administrator k. One Representative designated by the St. Lucie County Bar Association 1. One Representative designated by the Port St. Lucie Bar Association m. One Representative designated by the Citizen's Budget Committee 4. The Court System Advisory Board may establish sub-committees for specific subjects or tasks from among its members to reduce the amount of time each Advisory Board member must devote to the functions of that Board and to spread the responsibility for contributing to the Court's strategies among a larger number of people. 5. All members shall serve without compensation. 6. Membership shall be terminated upon: a. Death b. End of Employment c. Removal by majority vote of the Advisory Board '-" ..., d. Three (3) unexcused absences in a six (6) month period Vacancies for all appointments shall be filled by the majority vote of the Advisory Board. 7. The Advisory Board Chairman shall establish a time and place for holding the meetings as shall be necessary, and the Advisory Board shall adopt rules of organization and procedure as may be required. 8. The Advisory Board shall hold its first meeting as soon as possible from the date this resolution is adopted. 9. The County Administration staff shall provide support for the Advisory Board by providing the required public notice, preparing agendas and keeping a record of its proceedings. 10. If any action, sentence, or clause of this resolution is held to be invalid or unconstitutional by any Court of competent jurisdiction then said holding shall in no way effect the validity of the remaining portions of this resolution. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson xx Vice Chairman Doug Coward xx Commissioner Paula A. Lewis xx Commissioner Cliff Barnes xx Commissioner John D. Bruhn xx PASSED AND DULY ADOPTED this 28th day of August, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN -- ..., APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ~ AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration SUBJECT: Bi-Weekly Committee Reports I~ NO. --ª-!L DATE: August 28,2001 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: BOCC BACKGROUND: At the April 11. 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, on a 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 2n. and 4th Tuesday of each month. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: Committee Blueway Advisory Committee Chamber of Commerce Board of Dir. Children's Services Council Cultural Affairs Council SLC Expressway Authority Friends of SLC Library Property & Homeowners St. Lucie County Fire District Transportation DLCB Treasure Coast Regional Planning Council COMMISSION ACTION: [ ] APPROVED [] DENIED [2.ì OTHER: Reports given Meetin¡¿¡ Date Monthly Monthly 2n. Thursday 2n. Tuesday 3'· Thursday 2n. Thursday 2n. Wednesday 3'· Wednesday 2n. Wednesday 3'· Friday Commissioner Barnes Hutchinson Barnes Hutchinson Lewis/Bruhn Lewis Lewis Bruhn/Coward Lewis Coward/Barnes D glas Anderson ounty Administrator \w' "-rtI '.. CONSENT ITEMS .~..~. .~. . . . Board of County Commissioners Meeting "" ~ 08/24/01 FZABWARR FUND 001 001001 001117 001124 001128 001130 001137 001140 001218 001243 001255 001258 001259 001269 001809 101 101002 101003 101210 102 102001 - S / 107002 107003 113 114 116 117 119 123 127 136 138 140 140001 140121 140307 140308 140312 140313 160 183 183001 183002 183004 J R3106 ,204 "-' ..." ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #47- 18-AUG-2001 TO 24-AUG-2001 FUND SUMMARY TITLE General Fund Recreation Special Events 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/01 Zora Neala Hurston Dust Tracks Heri Section 112/MPO/FHWA FY01/02 96/97 Section 8 Planning Grant Child ern's Environ. Learning Center Fla Fish and Wildlife Conservation TDC Planning Grant FYOO/01 Emergency Mgmt. Prep & Asst. FY 00/ FDEP-Urban Mobile Lab Grant 01/02 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option 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 Pine Hollow Street Lighting MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Port & Airport Fund Port Fund FAA Taxiway A-3, Airfield Signage Const. Parking Apron#405823-1-94-01 FDOT Const. of Perimeter Fencing #4 (FDOT) Taxiway A-3 Phase I Const. Airport Master Plan Update FDOT Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court Domestic Relations Hearing FYOO-03 South Co. Post Storm Study FDEP EXPENSES 652,170.82 545.00 129.41 404.01 5,747.10 4,357.44 59.50 1,442.16 7,281.52 2,143.75 698.13 217.86 505.01 557.84 173.56 80,096.26 70,310.80 1,390.00 6,380.40 25,665.17 7,880.99 12,637.33 529,027.22 199.11 397.49 210.35 461. 51 513 .34 128.01 761.28 263.79 350.67 1,340.07 109.69 13,302.71 165.12 5,936.75 2,680.00 1,444.39 582.56 10,145.06 2,723.69 2,051.18 1,264.14 150.00 1,010.08 6,158.52 3,176.00 PAGE 1 PAYROLL 23,044.15 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 08/24/01 FZABWARR FUND 185001 186 186204 301 304 310002 316 316001 316801 382 389 390 401 401221 418 421 441 451 461 471 491 r -, , , 505001 510 611 615 625 650 673 '..",/ '-' ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #47- 18-AUG-2001 TO 24-AUG-2001 FUND SUMMARY TITLE EXPENSES SHIP Housing Assistance FY 00/01 Recycling Operating Fund Recycling & Education Grant FYOO/01 So. County Regional. Stadium Communication System Fund Impact Fees-Parks County Capital Transportation Capital Smithsonian Furniture Grant Environmental Land Capital Fund Rouse Road MSBU Capital Treasure Cove/Ocean Harbor S Cap Sanitary Landfill Fund Wast Tire Grant FYOO/Ol 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 Agency Fund S. Hutchinson Fund 68.98 1,172.14 388.07 9,840.00 108.81 4,460.00 38,592.55 266.00 3,368.18 195.00 31,095.00 380.20 50,451. 78 8,387.92 22,344.08 3,542.23 15,428.54 4,486.52 13,669.29 4,874.56 14,424.08 45,249.67 1,255.45 6,212.91 30,907.66 3,495.91 1,566.72 50.00 44.92 836.60 GRAND TOTAL: 1,782,510.56 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 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,506.14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30,550.29 ...., """ 08/24/01 ST. LUCIE COUNTY - BOARD DATA PAGE 1 FZABWARR VOID LIST# 47- 18-AUG-2001 TO 24-AUG-2001 .. '-'lID: 001 '. - General Fund CHECK INVOICE VENDOR TOTAL 00274095 I2125879 Fla Dept of Revenue 5.00 I2125881 5.00 CHECK TOTAL: 10.00 00275007 I2127999 St Lucie County Tax Collector 107.88 FUND TOTAL: 11 7.88 ...., ~ 08/24/01 ST. LUCIE COUNTY - BOARD DATA FZABWARR VOID LIST# 47- 18-AUG-2001 TO 24-AUG-2001 ~ "'l'1D: 4 18 - Golf Course Fund CHECK INVOICE VENDOR TOTAL 00275007 12128000 St Lucie County Tax Collector 12128019 12128020 25.00 25.00 8.25 58.25 CHECK TOTAL: FUND TOTAL: 58.25 PAGE 2 ..., . """ 08/24/01 ST. LUCIE COUNTY - BOARD DATA FZABWARR VOID LIST# 47- 18-AUG-2001 TO 24-AUG-2001 ;. _.JD: 505 - Health Insurance Fund CHECK INVOICE VENDOR 00274571 I2126981 Wallace, Marcie A FUND TOTAL: TOTAL 33.26 33.26 PAGE 3 \...- ...." w AGENDA REQUEST ITEM NO. C-2 DATE: August 28,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Director, Parks & Recreation SUBMITTED BY(DEPT): Parks & Recreation SUBJECT: Approval of contracts with Glatting Jackson for "Lawnwood Recreation Complex Master Plan" and "St. Lucie County/Community Parks System Master Plan" BACKGROUND: As part of St. Lucie County's continuing effort to assess the parks/ recreational needs and wants by its residents, the Board of County Commissioners have agreed to secure professional services to assist in the development of master plans for community parks and Lawnwood Recreation Complex. The total cost of the project is ninety-five thousand dollars ($95,000). Eighty-thousand dollars ($80,000) is budgeted in Park Impact Fees for regional park design in the FY 02 budget. Staff is requesting that we be allowed to utilize those dollars this year and are requesting an additional ($15,000) from current year park impact fees. The total cost of the project will be funded equally from Park "A" & Park "B" Impact Fees since this is a county- wide project. FUNDS WILL BE AVAILABLE IN: 310002-7210-531000-76017 (Park Impact Fees-Profess. Svcs) PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the BOCC approve the contracts with Glatting Jackson for "Lawnwood Recreation Complex Master Plan" and St. Lucie County/Community Parks System Master Plan", authorize the Chairman to sign. [ ] APPROVED [] DENIED [x] OTHER: Review contract with consultant and bring back 9/4/01. E: COMMISSION ACTION: nderson ounty Administrator c,"..y.".m.,o91 Originating Dept:_/ ./ \. . Mgt. & Budget: Purchasing Mgr.: Other: Other: H:\WP\Glatting Jackson contract approval.wpd '-' "" WORK AUTHORIZATION Professional Services Related to Landscape Architect and Planning Services for Community Parks System Master Plan Pursuant to that certain Agreement for Landscaping Architect & Planning Services (the "Agreement") between St. Lucie County (the "County") and Glatting, Jackson Kercher, Anglin Lopez, Rinehart, Inc. (the "Landscape Architecf') dated May 5, 2001 agrees to perform and successfully complete the scope of work as set forth in the June 21, 2001 letter concerning the Community Parks System Master Plan, attached hereto and made a part hereof as Exhibit "A." Compensation to the Landscape Architect along with the schedule for completion of the work shall be as described in June 21, 2001 letter concerning the Community Parks System Master Plan. IN WITNESS WHEREOF. the parties have caused this Work Authorization to be executed and delivered, effective this day of , 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: GLATTING, JACKSON, KERCHER, ANGLIN, LOPEZ, RINEHART, INC. BY: Print Name: Title: g: \atty\agreem nt \work.aut\glatting-Community Parks , .. GLATTING . JACKSON '-' .; KERCHER ANGLIN [C LOPEZ RINEHART WiUÍ3.mJAnglin,Jr. David L. Barch Jay H. Exum Jack F. Glatting Carey S. Hayo Jay R. Hood Timothy T. Jack$On William C. Kercher,Jr. Walter M. Kulash Sharon K. Lamantia S. Raymond Lopez John H. Percy John F. Rinehart Gregory A. Dryla David R. Claus Charles P. Cobble Michael R. Cochran Jeffrey S. Collins Richard E. Durr,]r. Bruce C. Hall David M. Kutner Frank A. Jaskiewicz Gail D. Lacey William D. Lites Edward J. McKinney Thomas J. M¡;Macken,Jr, Douglas A. Metzger John J. Moore III Timothy R. Palermo Troy p, Russ Jodi 1. Rutmann Kelley J. Samuels Peter C. Sechler Nathan P. Silva Laura K. Turner RDnald L. Urbaniak G. Wade Walker Gary E. Warner Community Planning 222 Clematis Street Suite 200 West Palm Beach Florida, 33401 p, 561 659 6552 F, 561 B33 1790 www.glatting.com License # EB 0005812 LC C000049 K&! Palm Beach. Orlando LETTER OF AGREEMENT June 21, 2001 Revised August 2, 2001 Mr. Peter Keogh St. Lucie County Parks & Recreation Department 2300 Virginia Avenue Fort Pierce, FL 34982 Hereinafter referred to as Client. AND Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. 222 Clematis Street, Suite 200 West Palm Beach, FL 33401 Hereinafter referred to as Glatting Jackson. Re: "St. Lucie County / Community Parks System Master Plan" Glatting Jackson Project # 15946.0 Dear Pete: Glatting Jackson is pleased to provide this Agreement to prepare a Community Parks System Master Plan for St. Lucie County. Following is our proposed Scope of Services, Schedule and Fee, in accordance with the tenm and conditions detailed in the our Agreement for Landscape Architect and Planning Services. 1.0 PROJECT DESCRIPTION 1.1 The Client wishes to develop a Community Parks System Master Plan for St. Lucie County, including a Needs Assessment to detennine the recreation needs and priorities of County residents. The focus of the project will be on park lands and facilities for active recreation. The Plan will also include order-of-magnitude cost estimates for land acquisition, park development and operations/maintenance (based on County data), as well as a funding and implementation strategy. G1atting Jackson Kercher Anglin Lopez Rinehart, Inc. Page] of 8 [C ~ .>wJ 2.0 SCOPE OF SERVICES PART I - EXISTING CONDITIONS ANALYSIS 2.1 Project Management - In addition to the specific services detailed below, Glatting Jackson shall provide services for management of the project including coordination with the Client's representative, monitoring the project schedule as it relates to this scope, and timely invoicing and reporting of project progress. 2.2 Coordination of the Work of Subconsultants to Glatting Jackson - The Client hereby acknowledges and agrees that Glatting Jackson wiII assume responsibility for the coordination of work produced by any subconsultants to Glatting Jackson as Project Manager for the project. However, the Client agrees that Glatting Jackson does not bear any liability for the technical accuracy of work prepared by others. All professional firms working on the project shall bear separate responsibility and liability for the work prepared by them. 2.3 Review Existing Documents - The Client will provide Glatting Jackson with all available maps and data regarding existing parks, recreation, open spaces, neighborhoods, activity areas, schools and public buildings. These may include, but are not limited to the following. Additional work needed due to inaccurate or incomplete data shall be an Additional Service. I. St. Lucie County Comprehensive Plan 2. Current Inventory of County Parks and Recreation Facilities 3. Capital Improvements Program (CIP) 4. Population/Demographics Data, both current and projected 5. Recreation Program Brochures, Catalogs and Flyers 6. Current Funding Sources (General Fund, Grants, Sales Tax, etc.) and estimated revenues 7. Current Partnerships 8. Department Staffing/Organizational Charts 9. List of Current Sports Leagues (both youth and adult), Program Levels and Schedules 10. Land Development Regulations 11. Other Relevant Studies, Data and Information 2.4 Base Map - Within thirty (30) days from Notice to Proceed, the Client shall prepare a base map for the project, in an AUTOCAD file format, that shows the following: 1. Future Land Use 2. Existing/Proposed Roadways 3. Existing/Proposed Public (City, County, State) Parks and Recreation Facilities Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 2 of 8 . , [I '- -.".¡I 4. ExistinglProposed Trails, Sidewalks, and Bikeways 5. Existing/Proposed School Sites 6. ExistinglProposed YMCA/Boys & Girls Club Sites 7. Existing/Proposed Public Parks and Recreation Facilities in Adjacent Communities, including Martin and Indian River Counties 8. Existing Private/not-for-Profit Recreation/Cultural Facilities 9. Vacant/Derelict Lands 10. Major Powerline / Utility Easements 11. Natural/Man-made features such as lakes and canals 12. Natural Open Space / Conservation Areas 2.5 Data/Base Map Review - Glatting Jackson will review the data and base map and inform the Client of any additional data or revisions needed to complete the study. Glatting Jackson will proceed with the study once the Client has provided all necessary data and completed the Base Map. 2.6 Site Visits - Glatting Jackson will spend one (1) day visiting the Client's existing parks and other recreational facilities to observe existing conditions, and will prepare a memorandum summarizing observations and conclusions. 2.7 Steering Committee - The Client will invite Community leaders and stakeholders to participate in the project as a Steering Committee for the project. 2.8 Kickoff Meeting - Glatting Jackson will meet with the Client to kickoff the project. Agenda items may include review of project timeline and expectations, base information and observations. Part 1- Deliverables: . Memorandum summarizing observations from site visit . Kick-off meeting minutes PART II - COMMUNITY PARKS NEEDS AND PRIORITIES ASSESSMENT 2.9 Community Parks Needs and Priorities Assessment - Glatting Jackson will use the following techniques to determine community recreation needs and priorities: · Service Area Analysis · Comparison to State and National Standards · Staff Workshop · Parks and Recreation Advisory Board/Steering Committee Workshop · Recreation Provider Interviews (by County Staff - questionnaire to be provided by Glatting Jackson) Glatting Jackson Kercher Anglin Lopez Rmehart, Inc. Page 3 of8 . , [C """ "wi · Up to Five (5) Public Workshops Throughout the County: one (1) in each Commission District Glatting Jackson wiII provide workshop materials such as maps, flip charts, markers, etc. The Client wiII coordinate the logistics for each workshop, including stakeholder invitations, advertising, site reservations, snacks and beverages, etc. Part II - Deliverables . Workshop Summary Memoranda . Questionnaire for Recreation Providers PART III- TELEPHONE SURVEY 2.10 Telephone Survey - Glatting Jackson will prepare and conduct a countywide telephone survey to confirm park and recreation needs and priorities. The Client shall review and approve the Survey questionnaire prior to initiation of the Survey. Part 111- Deliverables · One hard copy of telephone survey results - both raw data responses and summary of findings PART IV - FUTURE COMMUNITY PARKS SYSTEM MAP/L\fPLEMENTATION STRATEGY 2.11 Preliminary Future Community Parks System Map/Cost Estimate - Based on the results of the Existing Conditions Analysis and Needs Assessment, Glatting Jackson will prepare a preliminary Future Community Parks System Map showing the general location of existing and proposed community parks. Glatting Jackson will also prepare an "order of magnitude" estimate to acquire and/or develop the proposed parks shown on the map. The Client shall provide data regarding land acquisition costs. 2.12 Steering Committee Presentation -Glatting Jackson will present the findings from the Needs and PrioritIes Assessment and the Preliminary Community Parks System Map. 2.13 Preliminary Implementation Program Workshop - Glatting Jackson will attend a meeting with the Client and the County Commission to review the map and to prepare a preliminary Imp]ementation Program for the Community Parks System, including both public and private initiatives. The workshop will include: · List of top priority needs · Review of Preliminary Community Parks System Map · Discussion of proposed funding sources Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 4 of8 [C ~ """'" · Discussion of recorrunended amendments to development regulations and zoning code (if applicable) Part IV - Deliverables · Preliminary Community Parks System Map/Needs Assessment Conclusions Power point Presentation · Preliminary Implementation Program Memorandum · Workshop Minutes · Order of Magnitude Cost Estimate PART V - COMMUNITY PARKS SYSTEM MASTER PLAN 2.14 Develop Community Parks System Master Plan - Glatting Jackson will develop a draft Corrununity Parks System Master Plan comprised of an illustrative poster of the Final Master Plan, and a three ring binder that includes the following: · A color Executive Summary that Includes the Corrununity Parks System Map · Existing Conditions Memorandum (part I) · Results of the Telephone Survey (Part III) · Powerpoint presentations of the Needs and Priorities Assessment (Part V) · Implementation Program Action Plan, including funding alternatives and order of magnitude cost estimates (Part IV) 2.15 Review of Draft Plan - Glatting Jackson will submit six (6) color copies of the draft plan for Client review. The Client will provide Glatting Jackson with one (I) consolidated set of edited, written review comments. Additional work required necessitated by not receiving consolidated comments shall be considered Additional Services. 2.16 Revisions to Master Plan - Glatting Jackson will incorporate Client corrunents into the final plan. Additional revisions shall be provided as an Additional Sèrvice. 2.17 Final Commission Presentation for Adoption/Approval - Glatting Jackson shall present the final Parks and Recreation System Master Plan at a public hearing to solicit County Commission approval and adoption. Revisions requested by the Client in response to County Commission comments shall be an Additional Service. Part V - Deliverables: · Six (6) color copies of the Draft Parks and Recreation System Master Plan · One (1) color copy and a digital copy of the Final Parks and Recreation System Master Plan · One (1) mounted, color copy of the fllustrative Poster Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 5 of8 . . [I '-' "-" PART VI - ADDITIONAL SERVICES 2.24 Additional Services - Glatting Jackson will provide Additional Services as mutually agreed upon between Glatting Jackson and the Client. Those services may include, but are not limited to the following: · Additional meetings, workshops, presentations · Individual facility site plans, sketches and/or construction documents · Additional work necessary to accommodate additional revisions · Additional copies of work products · Additional work required to secure base information not provided by the Client · Preparation of grant applications · Environmental, stormwater or utilities design, permitting or cost analysis 3.0 PROJECT SCHEDULE Glatting Jackson is prepared to begin work on the project immediately upon receipt of this executed Letter of Agreement. Glatting Jackson shall perfonn its work in such a manner as to comply with the agreed upon schedule as shown on Attachment A. 4.0 ASSIGNED PERSONNEL The following personnel from Glatting Jackson will be assigned to this project, and will have the responsibilities described: David L. Barth, ASLA, AICP Richard E. Durr, Jr., ASLA Principal-In-Charge (2) Projcct Managcr/Landscape Architect (4) 5.0 COMPENSATION 5.1 Community Parks System Master Plan - The fee for Part I, Existing Conditions Analysis, through Part V, Community Parks System Master Plan, shall be a lump sum fee of $73,500. Direct Expenses are included in the fee. 5.2 Additional Services - The fee for Part VI, Additional Services, shall be billed as an agreed upon fixcd fee or on an hourly basis using the attached Hourly Rate Schedule. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 6 of 8 - ~ [C ¥ AGREED TO AND ACCEPTED BY: By: 81. Lucie County Its: Date: Name Title ....., By: Its: and by: Its: President Date: ':'; .\) C, ~~ Initials SKL i PM Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 8 of8 . . I I " '",,,, ...., ~ ¡¡ ~ '" . â ~ >- ~ " c c ~ >- ~ . '£: 0. . '" ~ u ~ ~ of; "- e- N j '" " -" E ~ . Q " . -" ~ E ~ 0 Z " -" s ð " -" 5 õ ~ '" . <~ ... ~ ~ :; ¡:. :!: ~ ~ ~ So. c " ¡¡: " :!i! E £ ~ '" " '¡; "'" . . " " .~ ~ 1 B ð8 ~.~ " ß ~ ~ .~ " - ~ ~ Co " ~ª " " djõ ~ 0': '!¡. ,.,'" .-::: ...... c - r: ð .~ _ 0- ~ ~ o ~ o u ~i ¿¡:; B ~ .~ tj i .~ ~ .~ ð ~ c¡'ls '; ~ 2 ~ :;;ù5~ · ~ ~ " c .~ ~ ~ .'( .. " · " · l·§ ~ 0: of ] ~ "E .è ž · · ~ ~ . ~ 0- ð .~ ::: ~ " - ~8 ~ ~ . ¡ :>-, .. " ! ~ ~~ c ~ 0 ~"§. ~~ ¡¿ ~ ~ ¡;; . .~ ~ .\! . ! ~ ~ô ~>& t ~ go ~ Ê ~ ~ ~ 0 ~~ ~ "~ Ii ~~5£ HI g IE 6 :::: .~ E: 0 Q,. ... ð ~ ~ ë ~ so .- -! ~ u.. ~ .5 ~ ~ 8 ~ ~ .ª ~ '§ 1:: :..::I 0 ;..:; ~ J: ~ £ - " > 2 0. 0. ~ .9 Õ. c ." '" ~ ] ~ Q,. ~ ~ ~ ~ ~ E ~ ~ ~ ~~ g ~ -t! ~";¡ g, ~ Ë ~ è >. ã Q. n~ j:~ aðeS2 " 0. 0 C Õ .... .2 ~ .~ W t: ~ 'S:: 'S:: ¡g ~~~~ü: >. '-' ...,; WORK AUTHORIZATION Professional Services Related to Landscape Architect and Planning Services for Lawnwood Recreational Complex Master Plan Pursuant to that certain Agreement for Landscaping Architect & Planning Services (the "Agreement") between St. Lucie County (the "County") and Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. (the "Landscape Architecf') dated May 5,2001 agrees to perform and successfully complete the scope of work as set forth in the June 22, 2001 letter concerning the Conceptual Master Plan for the Lawnwood Recreation Complex, attached hereto and made a part hereof as Exhibit "A,u Compensation to the Landscape Architect along with the schedule for completion of the work shall be as described in June 22, 2001 letter concerning the Conceptual Master Plan for the Lawnwood Recreation Complex. IN WITNESS WHEREOF. the parties have caused this Work Authorization to be executed and delivered, effective this day of , 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: GL..A TTING, JACKSON, KERCHER, ANGL..IN, LOPEZ, RINEHART, INC. BY: Print Name: Title: g:\atty\agreemnt\work.aut\Glatting-Lawnwood Master Plan ::,,' GLATTING JACKSON '-' ""'" KERCHER ANGLIN [C LOPEZ RINEHART WilliamJ.Anglin,jr David L. Barth Jay H. Exum Jack F. GJauing Carey S. Hayo Jay R. Hood Timothy T. Jackson William C. Kercher.Jr. Walt!:r M. Kulash Sharon K. Lamantia s. Raymond Lopez John H. Percy John F. Rine hart Gregory A. Dryla David R. CJaus Charle~ P Cobble Michael R. Cochran Jeffrey S. Collins Richard E. Dun,]r. Bruce C. Hall f)avJd M. Kurner Frank A.Jaskiewicz Gail D. Lacey William D. Lites Edward J. McKinney Thomas J. Mc.\1.acken,]r. Douglas A. Metzger John J. Moore III Timothy R. Palermo Troy P. Russ Jodi L. Rutmann. Kelley J. Samuels Peter C. Sechler Nathan P. Silva laura K. Turner Ronald L Urbaniak G. Wade Walker Gary E. Warner Community Planning 222 Clematis Street Suite 200 West Palm Beach Florida, 33401 P: 561 659 6552 F: 561 833 1790 www.glatting.com License '# EB 0005812 LC C000049 UT..rt Palm &tUh . Orlando June 22, 2001 Mr. Peter Keogh St. Lucie County Parks & Recreation Department Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: Lawnwood Recreation Complex Master Plan GJ #15720.00 Dear Pete, Glatting Jackson is pleased to submit this proposal to prepare a Conceptual Master Plan for the Lawnwood Recreation Complex in St. Lucie County, in accordance with the terms and conditions of our Agreement for Landscape Architect & Planning Services. Following is our proposed Scope of Services, Schedule and Fee. SCOPE OF SERVICES Glatting Jackson will complete the following tasks: 1. Prepare Base Mapl Analyze Existing Conditions - Glatting Jackson will prepare a base map for the park, based on maps and data provided by the County (aerial photos, surveys, property maps, etc), and visit the site to observe existing conditions. 2. Conduct Public Meeting - Glatting Jackson will facilitate a Y2 day public meeting to discuss the overall vision, public needs and concerns, and provide a forum for public input into the master planning process. Glatting Jackson will provide workshop materials such as base maps, flip charts, markers, etc; County staff will coordinate the logistics for the workshop, including stakeholder invitations, site reservation, snacks and beverages, etc. 3. Conduct Programming Workshop - Glatting Jackson will facilitate a Y2 day, on-site workshop with County staff, Commissioners, Department Heads and/or other stakeholders (as determined by County staff) to develop an overall Vision and Development Program for Lawnwood. Glatting Jackson will provide workshop materials such as base maps, flip charts, markers, etc; County staff will coordinate the logistics for the workshop, including stakeholder invitations, site reservation, snacks and beverages, etc. 4. Develop Concept PlanlMemorandum - Glatting Jackson will prepare a Concept Plan for Lawnwood, based on the direction received at the workshop. Glatting Jackson will also prepare up to three (3) perspective sketches to illustrate key elements of the Plan, an estimate of probable construction costs, and a proposed phasing strategy. The information will be summarized in a memorandum and submitted to County staff for review. 5. Make Presentation - Glatting Jackson will make one (1) presentation to County staff and the County Commission to review and discuss the Concept Plan. ';0-'" . , [C '-' ....", 6. Prepare Revised Plan - Based on \Vritten review comments provided by County staff, Glatting Jackson will revise the Plan and Report one (1) time, if necessary, and resubmit one (I) rendered copy of the Plan and Report for staff review and approval. ADDITIONAL SERVICES I. Additional meetings and revisions will be considered as additional services and will be billed at an hourly rate. 2. This scope of services does not include constructionlbidding plans or specifications for any of the improvements. Once the County determines which improvements will be made within the available budget(s) - and determines the level of plans, details and specifications needed to bid and construct the improvements (if any) - we will submit a separate proposal for this work if needed and requested. 3. This scope of services does not include any environmental, stormwater or utilities permitting or cost analysis. Once the County determines which improvements will be made within the available budget(s), we will submit a separate proposal for this work if needed and requested. SCHEDULE We will proceed with the project immediately upon receipt of a signed Work Order from the County, and estimate that the project will be completed within ninety (90) days from authorization to proceed (assuming that County reviews and presentations can bc scheduled! completed in a timely manner). COMPENSATION We will complete the Scope of Services outlined above for a fixed fee of twenty-eight thousand dollars ($28,000), including direct expenses. SUBMITTAL AND PAYMENT OF INVOICES Invoices for services shall be submitted on a monthly basis. Payment shall be due upon receipt. The Client agrees to pay interest of 1.5% per month to be calculated from the next day after receipt of each invoice, on invoice balances outstanding more than thirty (30) days. Glatting Jackson reserves the right to withhold work products or to stop work until payment is received. The Client assures Glatting Jackson that financial arrangements have been made to fulfill the Client's obligations under this Letter of Agreement. ~. [C ~ .., 6.0 CLIENT RESPONSIBILITIES 6.1 Client shall designate a Project Representative immediately upon execution of this Letter of Agreement, who shall be Glatting Jackson's point of contact with the Client, and who shall, by virtue of Client's designation, have authority to bind the Client. The Project Representative shall be responsible for all coordination with the Owner (if a separate person or entity fÌ"om the Client as shown in Article 1) and any separate consultants. 6.2 Client shall provide full information to Glatting Jackson regarding project requirements and constraints including, without limitation, a program setting forth the Client's objectives, and shall provide all data, drawings, information or other resources requested by Glatting Jackson that are necessary for completion of the project as stated in the Scope of Services. 6.3 Client shall comply with any schedule requirements made known to the Client by Glatting Jackson and, in any event, shall be avallable to meet with Glatting Jackson and provide decisions in a timely manner throughout the project. 6.4 Client shall be responsible for all other aspects of the project not specifically assigned to Glatting Jackson under this Letter of Agreement or any subsequent request (and acceptance) for Additional Service. We look forward to working with you on this project. If you find these terms acceptable please sign where indicated below and return one signed original to Glatting Jackson for our files. Please call me if you have any questions. David L. Barth, AS LA, AICP Principal in Charge :r '" '-" ...." C / 3;A PARKS & RECREATION ßOARD OF COUNTY COMMISSIONERS MEMORANDUM (Progress Update) August 28, 2001 BOCC Meeting TO: FROM: DATE: SUBJECT: Board of County Commissioners Regional RecreationJParks Needs Team August 23, 2001 Progress Update 1. Attached for your review are the responses to RFP #01-062(Useable Acres for Potential ParksIRecreation Development). Staff is requesting permission to send the attached letter to the respondents, thanking them for their interest and advising them that the County is currently in the process of developing a "Community Parks System Master Plan"to determine the needs and wants of the residents of St. Lucie County. The letter further explains that at such time as the residents needs and wants are determined, the BOCC can then review all information gathered including the RFP responses to determine the best way to meet the residents' needs. The letter also apprises the respondents that the Board is considering a November, 2002 "Parks & Recreation Needs Referendum" to help with funding. 2. After additional consideration, staff recommends that the Recreation! Park's Referendum "Steering Committee" should be comprised of: Recreation Advisory Board members (7) City of Ft. Pierce-Gary Ferch or designee City of Pt. St. Lucie-Chuck Proulx or designee St. Lucie County School Board-Jay Stewart A letter of invitation will be sent and after confirmation of acceptance is received, staff will bring back to the Board for ratification. JOHN D O~UHN. Dls'rier No 1 . DOUG COWA~D. Disrrier No.2. PAULA A. LEWIS. DiStrict No J . mANNIE HUTCHINSON D'srrier No 4 . CLIFF OA~NES. DiStriCt No.5 Counry Admìnisrroror - Douglas M. Anderson 2300 Virginia Avenue · Phone (561) 462-1515 . TDD (561) 462-1428 ;; .. \.f ""'" 3. Glatting Jackson's revised contracts have been received inclusive of the requested Project Schedule. Approval of contracts is requested in agenda # C-2. ****Per the consensus of the Board, a Regional RecreationlParks Needs written update will be provided with the last HOCC agenda of each month. **** Attachments: RFP # 01-062 responses Thank you letter to RFP respondents "Steering Group Committee" Definition 2 '-' ...., August 31,2001 PARKS & RECREATION ßOARD OF COUNTY COMMISSIONERS Carl E. Wild 119 E. Midway Road Ft. Pierce, FL 34982 Dear Mr. Wild: We are in receipt of your response to RFP #01-062 (Useable Acres for Potential ParkslRecreation Development Parks & Recreation) and wish to thank you for your interest. It has been determined by the Board of County Commissioners that prior to any purchase of land, a "St. Lucie County/Community Parks System Master Plan" be completed to determine the needs and wants of St. Lucie County's residents. The County has hired Glatting Jackson Inc. to draft such a plan and to solicit public input through workshops and a telephone survey. Your response has been fonvarded to the Commissioners for review and consideration. At such time as the residents needs and wants are determined, the Board can utilize all information gathered including the RFP responses to determine the best way to meet the residents' needs. A November 2002, "Parks & Recreation Needs Referendum" is being considered to help with funding. Again, thank you for your interest and we will keep your information on file for review at a ater date. S' arks & Recreation Director cc: Ruth T tton, Interim Purchasing Director Board f County Commissioners JOHN D. ßRUHN. Distrlcr No.1' DOUG COWARD. Disrricr No.2' PAULA A. LEWIS. Disrrlcr No. J . FRANNIE HUTCHINSON DisHier No 4 . CLIFF ßARNES, DisrricT No.5 (ounry Adminisrraror - Douglas M. Är'lderson 2JOOVirginioAvenue· Phone(561)462-1515 · TDD(561)462-1428 'w ""'" August 31, 2001 PARKS & RECREATION ßOARD OF COUNTY COMMISSIONERS Jim Cronin, Real Estate Broker 946 Seaway Drive, Suite A Ft. Pierce, FL 34949 Dear Mr. Cronin: We are in receipt of your response to RFP #01-062 (Useable Acres for Potential ParksIRecreation Development Parks & Recreation) and wish to thank you for your interest. It has been determined by the Board of County Commissioners that prior to any purchase of land, a "St. Lucie County/Community Parks System Master Plan" be completed to determine the needs and wants of St. Lucie County's residents. The County has hired Glatting Jackson Inc. to draft such a plan and to solicit public input through workshops and a telephone survey. Your response has been forwarded to the Commissioners for review and consideration. At such time as the residents needs and wants are determined, the Board can utilize all information gathered including the RFP responses to determine the best way to meet the residents' needs. A November 2002, "Parks & Recreation Needs Referendum" is being considered to help with funding. Again, thank you for your interest and we will keep your information on file for review at later date. cc: Rut Totton, Interim Purchasing Director Boa d of County Commissioners JOHN D ßRUHN. DIStriCT No.1' DOUG COWARD. DlSrncr No.2' PAULA A LEWIS. D'''rlcr No J . FRANNIE HUTCHINSON. DisrrlCT NO.4' CLIFF GARNES. DiSTricr No 5 County Admlrì!srroror - Douglas M. Anderson 2JOO Virginia Avenue · Phone (561) 462-1515 . TDD (561) 462-1428 '-' 'wi "STEERING GROUP COMMITTEE" DEFINITION Group of informed, intelligent people who review gathered information before presenting to the Commissioners or public. Utilized as a sounding board and in an advisory capacity. 'wi "'-' 0 . z z z .þ.(..)I\)~ -I 0'tJC: i "tI c: c: c: ......... ----- ~ ........ z 'tJ»en :;¡ m :¡: :¡: :¡: " ::0 m m:::om In to to to ~ C m m m Z,:;» OJ n»»» ." õ m ::0 ::0 ::0 .., 0 menCJ ,. :¡: 0 0 0 »mmm OJ ~Qo~ ~ » ." ." ." :::oonn ï .. z 0 to to (") ï c ë ë 0 ï:::o:::o:::o 0 :::0» Cf ~ Cf C :¡: mmmm ~ »mO "tI ::0 ::0 0 » · »»» c:O:::o (-) m (") z :Eïïï Z G):::Om (") c: 0 m :¡: m --1-1-1 G) c:men :¡: <: m Cf ï-<-<-< en»." m z z C < C -t 0 m -I:::! 0 Cf :::! c !! Z ~O:::o Cii m C ~ Z -t C 0 I\) 'tJ ::0 . 0 0 a¡ :::0 0 -I c: en ~ CJ -t m m :::0 (è) Z ~ 0 c » » . m -I m I\) n en I\) :; c: :::0 Ø')OOOOUl :::0 'tJ · . C (..) ï ï (..)OO~~ m 0 0 'tJ » 0 . . CQ » Z (þ 00 0 G) 'tJ » :::! ."en ... 00 ~ Ø') c · n;-l ... 0 w m m !: :::0 0 C · " Z Oï en en c:c: -I - 0 :::0 Z zn 'tJ m m -1- :::0 -I n m -<m ~~~~ - z :::0 -I nO 0 I\) I\) m m m 00 0.....1\)(..) :::0 » !:c: ë.r.O=~ 'tJ ." :::! ::0 s::Z 00.þ...... m 'tJ 0 ." --I 00Ø').þ. ::0 'tJ en-< I . . . Z 00(..)1\) » en 00Ø').þ. c ::t:I: - 0 0 0 ::0 m ~ < I Z m 0 m m Ø') ï I\) ::0 eno»m 0 en · "n c 'tJ ~mn:E !: -imm»ï m J: n en :::0 0 Z enzencn -I ;-IOoen» Qo~ZQo:::! CmG)c...O m:::oïmZ <O»Z z»~2S mcenz :::0 en c :::0 · C . .' '-' crmo REALTY ...., ......TIPlEUtTWO$ERVJCE IIIll~.,S August 1, 2001 P 1 #01-062 Uª~~I~ acreage for Parks/Recreational Development Board of County Commissioners St. Lucie County, Florida 1. Attached, survey not available 2. AttachedRS-3 zoning, rezoning to be negotiated 4. $23,674.24 per acre X 52.8 acres=$1,250,000. 5.Edwards & Jenkins Road, water & sewer at property. ~'- ~~ JÏmj1~i~t /J / ~Listing Broker:Leaf Realty, Ft. Lauderdale Owner: Edmond Hauck AFF¡LlATED BROKERS CORPORATION 946 SEA\¡VAY DRIVE . SUITE A . SOUTH HUTCHINSON ISLAND . FT PERC::::, FL :;,";J-\c 561-465-5100 J FAX 5ól-489-00ï7 . .e-MAIL d2]ad21©:"cl.='~::, · LUCIe \"oumy rropeny Kecora \"ara ... .Lc.&.5'" J.. V___ "-' ..." St. Lucie County Property Appraiser Geographic Information Services Rea] Property Record for Parcel Number: 243û212ûCOI0Cû5 ReCDrd Number: 1 of 1 Location: ### Section: 30 Township: 358 Range: 40E Show Location "Map Owner, Legal Description, Deed & Total Assessment Name: HAUCK, EDMOND Legal: 30 35 40 S 1/2 OF ~"")V 1/4 OF NE 1 J 114 OF "N'YV 1/4 Ai'iD N 1/2 OF S 1/2 Address: 6700 W fstwood OF NE 1/4 OF NW 1J4-LESS E 33 FT !:Blvd W -~~DSWIJ40FSWl~OFNE1J4 Tamarac, FL 33321-3546 OF NW l/4-LESS S 33 FT- A1.~D NW 1/40F NW 1I4-LESS W 40 FT Ai'ID LES IBook: 0813 IIPage: 0332 IISale Date: 1992-4)9-24 OO:OO:ßO IISale Amt: 807900 IlsaleIFI': O.OO/SqFt. I IInsp. Date: By: !IDate Valued: permits: I¡Exempt.: 0 I Land: 8108()0 Improve.: 0 IIClass: 0 Total: 810800 IITaxable: 8108GO I ISubdiv Name: Neighborhood & Use Neigbborbood: 1490 IIMap-m: 24/30N General Building Data DOR Use: 9900 lImP> Type: IICbJss: Irs:ries: Year Built: IBaths: IIBedrms: IEJ~EJ Œff: ILiving Area: Sq:Ft. WaII: I Building Perimeter Sketch and Photograph N() SKETCH A.. VAl LlillLE AT TtJIS TnvrE I~ Improvements IICodeJCat ¡Ism ~~ Improvements I Extra Features II Code/Cat ¡ ~\In DI9900-1JNCLSFD ACRG-ACID: DI99CO-Ùï'ìCl.SFD _\CRG-FR.""T Land Valuation IIFront or Unit 1138.7 130iO.6 mLp.llwww_pa:m;.urgtWt:OIIlap!~CnpL:$Ipn;.p1l1Vjj ì !i>.J,'¿'LUV¿' l,¿,VVV 1 VVV.) OI,¿,OIVl " . 34~~5 L "CO, ! ". G:;' c:> ... . j (¡(6IVf1ft:..f!.s: I ·k-~Þ OJIJtt.ø r I f4~ I ¡ ,..Sm·L . ~7ð' i :r o.c ... II AVE ~ . .. .. J2 -~. ~~:; ;; DIVINE RD ;..'EII: - . ---- ~- - .. '-' \Ott]O REALTY ~ .uur. TJPlE LL'fr/NG S6¡1fWCE MLS tttOlO'M. August 1, 2001 Proposal #01-062 Useable acreage for Parks/Recreation Development Board of County Commissioners St. Lucie County, Florida L. Attached 2. attached 3. Agriculture, rezoning to be negotiated , 4. $2,846.36 X 281.06 acres= $800,000. No appraisal available. 5. Access on Glades Road, no water or sewer available. NOTE: Estate Sale for entire 281.06 acres. (j, /:! ' '---{/u.~ ~--'~ ~irn Cron~n, Agent f /. Listing'Broker: A-lrAalty Owner: Leaon and Andree Bass AFFILIATED BR.OìŒRS CORPORATION 946 SEAWAY DRIVE . SUITE A . SOUTH HUTCHINSON ISLAND . FT r'.ë:RCE. ?L 3';j~~ 561-465-5100 . FAX 561-489-0077 . E-MAIL: dçladel@Go¡c:~- .. "'--'................ ..... .............) ... . Vi"'........j ........--........... ....... .~..- .. '-' '-' SL Lucie County Property Appraiser Geographic Information Services ReaJ Property Record for Parcel Number: 422014100010009 Recoru Number: 1 of I Location: ### Sectioø: 20 Township: 37S Range: 38E Show Location Map Owner, Legal Description, Deed & Total Assessment Name: BASS, LEON G Legal: 2037 381'HATPART OF SEC LYG S Name: BASS, ANDREE OF N Ll OF FPL ESMT AS DESC IN Address: 530 Cypress Rd OR 253-18,619 SD N LI BEING Vero Beach, FL 32963- 2323.33FT N OF S LI OF SEC-LESS , 1723 THAT PART LYG S & E OF N LJ OF GLADES CUTOFF R/W- (281.06 AC) . Book: O:''i'JJ IIPage: 1202 Sale Date: 1988-O6~01 00:00:00 IISale Amt: 100 IIsaleIFI': O.OO/SqFt. I Insp. Date: By: IIDate VaJued: Ilpermits: Exempt.: 0 I Land: ~J56~J Improve.: 0 Ilclau: 40220 Total: 435643 IITaxable: 435643 I Neighborhood & Use IINeighborhood: 6642 IIMap-ID: 42119X General Building Data I 1c=l~~1 Imp. Type: ~~~BathS: ¡Living Area: SqFt. ¡lwalI: I ISubdiv Name: IIDOR Use: 6000 IEJEJEJ IIBedrms: - .--' . '. '-" t\rno REALTY ...I ,~ utlLTIPLELIR1WGSliRWCE MLS RfO'O",....L August 1, 2001 Proposal #01-062 Useable acreage for Parks/Recreational Development Board of County Comm.issioners St. Lucie County. Florida 1. Attached, survey not available 2. Attached 3. Agriculture, rezoni9g to be negotiated 4. &7,000. per acre X 88.81 acres=$621,670.00. No appraisal available 5. Okeechobee Road, no water or sewer //""1 /?) \ ~!/L' !£---..k;;--~ //Jim Cro~{n, Agent (/ ¡- Listing Broker: Prime Realty Owner: Sun Coast Groves & Nursery AFF¡UAT:=D 3ROXEt<..s CORPORATJON 946 SEAWAY DRIVE . SUITE A > SOUTH HUTCHINSON ISLANG ) ?" PIE'?-CE. 561-465-5100 > FAX 561-489-0077 ) E-M~~:L: de1a¿" Jc_~>:~ ~~ ,..., I,'· ,,'. ;--~ ::""!o7~::" .... ~ '-' St. Lucie County Property Appraiser Geographic Information Services Real Property Record for Parcel Number: 232SJ21 CCDl CCC6 RZ~Dnl "¡umber: 1 c.ì 2 Loation: 3425 :'tL\ TIŒì1¡S RD CTY ### Section: 23 Township: 358 Rang~ 39E Show Location ?rhD Owner, Legal Description, Deed & Total Assessment Name: SUN COAST GROv"ES AND IT _ftl: 23 35 39 iR-U PART OF .Ñ""\Y 1/4 OF f'j uKSERY SW lí4 L Y G N OF SR 70-ADDN Rí)ì,J F Address: 3407 Dehmare Aye OR SR 70 AS L'f OR 609-1455- (12. Fort 'pjerte,:FL 34947-ó115 45 AC)(OR 73û-1)013) ~¡mo page: G013 I Sale Date: 1991-D3-û6 sale Amt: SaJeIFf: ~O:j)O:OO 137CCO 11>4.7 oJ/SuFi. ¡Insp. Date: IIBy: Date Valued: I Permits: E:œmpt.: I} Laød:63540 IIImprove.: 2011)0 ICbw: 191 SO ITotaI: 83640 Tauble: 83640 ISubdiv Name: Neighborhood & Use NeigbIJorlIood: 560 1Map--1D: 23/235 General Building Data I DOll Use: 6óVO ~ Class: No. Year Built: E}-' IEJEEJ Stories: 1930 EII: ype:ID: E+ 11 950 w ~ Are3: 1303 Wall: Wood No Si1Ft. SheathID~ Building Perimeter Sketch and Photograph j; ,. ." Improvements ~ICode/Cat E:::JþAS -BASE AJUA IISize 1113G3 II I No. Improvements / Extra Features ¡ICode/Cat IISize IIYR Illl}J./fWWW.p<i~l\.;.l)rg¡Wl;;omapn)¡;npt:>lprc.¡.J1:1U.)iiV.).".--.L.ò..:).<.lUVV1VV\.!Q ¡f",,,'Vl -.- ---.r ----....--- ---- '-r' Land VaJuation r~t: ¿, 01 .) 'wi I~ 110 ~ ~ ~ I~ IjAgrvaJ I~·o I St. Lucie County Property Appraiser Geographic Information Services Real Property R.ecønI for Panel Number. 2323321 oeo 1 ÛÛC6 RZ1:Drd Nmnber: 2 of 2 Location: 3425 l'tIA THEWS RD CTY ### Section: 23 TOWDJIrip: 358 Range: 39E Show Location Man Owner, Legal Description, Deed & Total Assessment Nam~STINCOÀSTGROYESAND Legal: 233539 TR>\T PART OF j'jì-Y 1/4 OF NURSERY SW 1/4 LYG N OF SR 7Ù-ADDN RIW F Address: 34D7 Delaware Aye OR SR 70 AS m OR 609-1435- (12. FDrt Phm:2, FL 34947-611.5 4:5 AC)(oR 730-0013) ~j)730 page: D013 I Sale Date: 1991-û3-û6 ~aIe Amt: 1~=qF1. CO:ßO:90 137DCO Insp. Date: IIBy: liD ate Valued: I Permits: Exempt.: 0 \Lød: 6334ò IIlmprove.: 201GO IICIasJ: 19150 l!TotaI: 83640 Tauble: 33640 IISubdiv Name: Neighborhood & Use l NeigIa.borhood: 56/J 1 Map-m: 23/23S General Building Data ~e;:::t: EJ.I,1: 1 Bedrms: 2 960 . ¡ Doll Use: 6600 II EEJEJ Building Perimeter Sketch and Photograph '" '" iWoS '" , , , M , - mlp.I!WwV".pu::;¡\,;.t:rg;W~t)m<rp/~npL~pn':.pl' 1 LJ.J llV.J,¿:U,ð')¿ lVVV IVVVO :! ;.":);').: ....., - ..'"'" '-' ...,¡ SL Lucie County Property Appraiser Geogt'aphic Information Services Real Property Reeord for ParœI Number: 232822ûCCOOüCû9 R~~ord 0'ilJ:JDer: 1 of 1 Location: #11# Seetiøo: 23 T~ 35S Røge: J9E Show Location Mall Owner, Legal Destription, Deed & Total Assessment ¡Name: SlTNCOAST GROvLS Al'il) II _..I: 23 35 39 W 1/2 OF ~).y 1/4 (76.3ó :N1JRS:ERY IN lAC) (OR 313-1502) [Address: 34û7 De)awan Aye IF{¡rt Pj~rc~, FL 34947-6115 Book: 0313 rage; 13íJ2 I Sale Date: 19í9-.w-Ui ale Amt: SaJdFT: loo:oo:QO 11197\)0 O. !)O/Sq1't. ¡Insp. Date: I By: I Date Valued: Permits: /Eumpt.: Q I La.ad:397072 / Improve.: ) 11CJau: 63790 TotaI: 397072 l Tauble: 397072 I Neighborhood & Use ISubdiv Name: IINeighhorbood: 3óíJ IIMap-ID: 23/28N nOOK Use: 66íJO General Building Data lImP. Type: IB~~IBaths: Bedrms: IEJEJ~ Liting Area: Sq]'t. l Wall: I Building Perimeter Sketch and Photograph N() SKETCH j\ VA1L¡illLE i\ T THIS THvIE uP ~~ 1t. i/ . . I~ Improvements I Enra Features ÇodelCat Size IIYR b Improvements Land Valuation 11MktVaI IIAgrVaI I 11397072.0 ~.o I 110.0 l~lÛ83.0 I 110.0 ~.!) I Ilo.D 110.0 I U II !/ ~.hi'J! !J ~ .."", 7/25/2001 Carl E. Wild 119 E. Midway Road Ft. Pierce, FL 34982 Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 Re: Letter of Transmittal for RFP # 01 - 062 Dear Commissioners: This Letter of Transmittal is in response to St. Lucie County's request for proposals for Useable Acres for Potential ParkslRecreation Development. I will be furnishing as part of my proposal those items and supporting documents required under Scope of Work and Organization Profile and Qualifications. The property is owned by myself Carl E. Wild and my brother Raymond B. Wild, whose address is 3121 South Indian River Drive, Ft. Pierce, FL 34982. The four parcels that make up this property total 63 acres mil. I realize that the size does not meet the minimum of 100 acres called for under site requirements, but this property's location and other assets might still make it worthy for consideration. We, therefore, are offering this property for sale to the Board County Commissioners of St. Lucie County. I, Carl E. Wild, will be authorized to negotiate the sale of the property. My telephone number is 464-5822 (work) or 489-6507 (home). Thank you for the opportunity to submit this proposal for a potential ParkslRecreation Development site Sincerely, ;/~J ...... // . fflc~ L l.c ¡ Jour; Carl E Wild '-" ,..., 63 Acre Parcel on 25th Street Rules for Proposals The Principals associated with this proposal are Carl E. Wild and Raymond B. Wild. This proposal is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. Organization Profile and Oualifications There is currently no realtor with a listing on this property. If a realtor lists this property, the sale to the St. Lucie County Commission under this proposal will be exempted £Tom any listing contract and will be handled by the owners. My brother and I have some experience in selling property to a governmental agency. Two years ago we sold a parcel of similar size to the Department of Environmental Protection, South Florida Water Management, and St. Lucie County for environmental protection. Since we are submitting this proposal as individuals, I will include my banking information as follows: Name on Account Carl E. Wild Bank First Union National Bank 2470 Frist Boulevard Ft. Pierce, FL 34950 Contact name Deborah Smith Scope of Work We are enclosing copies of the following: 1. Legal descriptions and availiable boundry surveys 2. Deeds tor proof of ownership 3. Current Zoning Classification 4. Stated sale price of property per acre 5. Availability of potable water and sewer service ........ .~. Current Zoning Classification AR-I Stated Sales Price of Property per Acre $20,500.00 per acre Availability of Potable Water and Sewer Service Ft. Pierce Utilities has both a potable water main and a sewer force main along 25th street which this property adjoins. (Map enclosed). Twenty fifth street is currently a two lane paved county road that is scheduled to become a four lane road in the near future. Midway road is approximately one half mile to the south of this property. Legal Descriptions and Boundry Surveys Legal descriptions are included on the copies of the deeds of the four parcels that make up this property. Enclosed are two existing boundry surveys for most but not all of the property. , I , ; . ..¡ I j i i:: i :8; e l?i;¡ I ;;~~ I þ~ I "?'! t ¡I, ;~ ; ~.'.'......':' ~. i: ~i "..'" I· iH _0. ~ '",'4 ' ~ \f~ :~-"- :'i-;;~ .. 'tiq 1,-' ~;"I {c9 :~~;;:::,,;. ..... ~7il~ """ ;;:- ~~1 ',~ ;';;~ I "'( '5Ci I"" ¡'. ,.,I.J!t;, '\. l~I~? ;r1~ 1:"-., ¡¡Wí! I ~- ~I~ ~ I:, ~I..J ~~~¡ i Q.t '¡'ki ItJ____.__._.___ ;:c.'¡;7S"":i¡~~~~,::",:.:",_...rw*"""iL .. ... ... . CJ -¡S-- ..... ... '--rç- .; . , . CJ 0 0 __._ D- O l_.Ou o '-" . I . -------,-_.-~~.._..-._.- -. - ._~_~u______ __..._._..... ...... UJ o -_.._--- ----.----."- o /'--.. < ",.. (,"'..J [1 ._..~.,.__.-_.__..._.._- DO _ ~m...____.._...__,__ o o CJ o ! o o - ~,--_.__._..- - '.- c:=J o I Á 200 I Feet r"./^' < > " .l . _____ ..__.:.Y'L-._ ., GAS I FORT PIERCE UTILITIES AUTHORITY WATER I WASTEWATER I NATURAL GAS UTILITY SYSTEMS WATER SEWER · ~ · ~A1ICIIfS · ...... ""'-- · ........,.... DA FIRE HYDRANTS EÐ GAS VALVES @ GAS REDUCERS · W^TER VALVES · WI\TER REDUCERS · WATER Bl.OVVOFFS · WATER AIR RELEASE VALVES GAS MAINS D PARCELS · æwI!!R'" AI!LD8e ¥AL\'D ..."""""- SHEET: 1 OF 1 -POTABLE WATER MAINS -... -...œ.....s FT. PIERCE UTIUTIES AUnlORI1Y 20& SOU1H 6TH STREET FT. PIERCE. FLORIDA 3U5O (H1) 486-1100 I FAX 15111489-039. GEOGIIAPHICAL INFORMATION e-Ue."I'e1I_ Br"'" '" . ·.7. l' ; - " ---:-"""'-~- ...--_._-~"- ,. I)ougla8 Dillon, Clerk of the C1 ·1t Court - St. Lucie County Fill! Number: :1.218087 \.oIR BOOK 0818 PAGE 0752 R8corded: 12-04-92 07:04 A.M. WARRAHlY DBI!D 11aIs '--' 1'RpuaIbr, .... RetanI to: KIINNB'IH A. NORMAN. I!SOUJJœ KåI BobIID McKey McMuOl HlgbIs P.A. P.o. IIaiE IIIi9 .). Stud, PI. 34!1!15 .»rr Parœlldadllcadoa (FolIo) N_bcr(a): W2 111 0004,001II5 2432 114 ~ '11ÐS WAIUtAHI'Y DIIBD, III8IIa QØ ~ daJ or t'kk~tnbol'. 1992, by CARL E WILD, a 1iD¡Ie.. ad RAYM~ND B. WILD.. 8nfed .... wIIoIe pOll aIIiœ AIIdraI /13111 Old Edwards Road, Pt PIen:e, FlorIda 3498l, IIcIreiuftcr called die OIaIItor. 10 RAYMOND B. WILD ud CARL E WILD, Tr.- of 1110 WIld FlorIda 1..aDd TraIt lIIIIIer..-mled Apœmeat daUdAbooJooh", II) . 1992, wIIoIe poet olllco AIIdraI /I 3111 014 EdwudI Road, fit PIcK", florida 34981. IIaåIIaftø called !he Truaree. WIIemer aIOd ..... die _ "OnatoI" ad ~ ani 1IIOd ror sIapIar or plural, .. cœlal IeI IIIIeI. .... Iadade, bI8d ... ..... 10 die ...... 01 d die ,.u.. to Ibis ~ ad die IIdn, 1epI.......- ad ...... of IadIvIduiI, ud 1M I1ICœISOIS ad ...... 01 -. CXJI' IIftIIDII aad.U partMnblpLl WI11ŒSSBTH: nat die 0IuI0r. b ad Ia aIIIIIdeIaIIaa of 1M __ of SIQ.Of1 ud oIher ¥lllaable cœúdenItIoIII, to 0nIIt0r ID IIIIIIII paid by Tr-. nœIpI wIIeno ' illIadIy ~ IIerdIoy pull, barplal,1dII, aIIeaI, readIcI, ~ IXIIMIfS ad COIIIIrD aaID 1:110 TnIIIeo, all dIM œnaID Iud situate In SL LucIe 0IwI1J, PIorIda, *= 1110 SoaIIaIt \ or tJoc SoIoIIIeat \ or tho ~ \ or SectIo8 32, 'rowIMIp 3S 808!h, RanJC 40 BaIt, 51. LucIo CoatttJ. PIorIda, Ira aDd accptIn& Iberelrottt, IIIreo patœIs, die I!aIt 40 filet, die SoadI 9Z bt ad die NortII 1SO feet. THE ABOVE DI!'SCRIBED PROPERTY DOES NOT CONS'JTl't1l'E THE HOMES1'l!AD OI'EITHBR OPTHEORAN'lOItS OR ANY OFORANl'ORS' FAMILY MEMBERS, NOR IS rr LOCA'n!D ADJAŒNT TO THE HOMESTEAD 01' EmŒR 01' THE ORAl'n'OItS OR EmŒR Of' GRAN'roRS' FAMILY ME!MBERS. THE HOMBS'J'l!Al) ADDRESS OFRA'YMOND B. WILD IS 125 E MIDWAY ROAD, PORT PIERes. FLORIDA 34982. SUBJBCl'1O: RcIIrictIotII. raerwtIoDI. IlmilatioDs aDd __II of recotd, If ...,.. zoa/ J onliDatlœs aØec:dtII AId proporty, IIId _ acc:núD¡ AIbIoq1tat 10 JIIIIWJ I, t992. TIle forosobIg refereaœ 10 ratricdoDI, -dou. IiIIIItatIoaI ud _II of reconI sW alii oponlle 10 reIJD~ die ...... 11ßS INS'IRUMENT PREPARED Wl'IHOUT B1!NEl'IT 01' TI1LE I'!XAMINA110N. '11ÐS IS A CONYBYANCB'I'O A TRUS'I1!B WHICH II NOI" PURSUANT 1'0 A SALE AND II 'IHIIRBPOItB BXI!MPT PROII DOaJIiII!N1'ARY SJ'AMP TAXI!S PURSUANT 1'0 PLORIDA ~ OOÐB 8I!CI1ON 128A.OI.4(%)('). TO HAVE AND TO HOU) Il1o ..... property .. fee lilllple upoIIdIe truIII ud for \be ...... and porposeIlIoIeåt ... Ia ..... _ ...-1101 fonIt. Full power ad udIorfty illIaebJ pallid 10 aid -rr- or III _ NII1IUI1O Florida SWa... Socdœ -.mt to Iatpftwe, to ..-. _ .... to IdI, 10 IOIIIdI9Ido ..... _I _ or ...,. pan IIIInof, 10 40dIcate ..... ..-. ........,. or ... ... to _ UJ ....bIatI or pan IIIaeof ItIII to fCI1IIJdirido aid real _ .. oaa . doIInd, 10 __ 10 IdI, 10 ... 0 IIIœI1O IIII'dIMo. 10 sell 011'" -. 10 aIIMJ eIdIer ..... or wbItattI ~ ID I'XIa'ICJ aid real.... or UJ put IboIeof 10 a _ or _ .. _ ad ID.... ID AdI _ or _. III \nil .. oldie UtIe, awe. pcMØ ... ndIorkIca __ fa -n... 10 ...... 10 1ItdII:are, 10 ...... ...... or 0IItenrbe r-' AId real _ or UJ pari ~ 10 .... ..... ... _ or ...,. pari ~ IIIotD time to illite, Ia PVT r L_ or _II". .., ~ 10..... , .. ~ or lal\mlro, ... ... ..,. _ IIId for .., pedød or petIødJ 01 ~ _ aœodI8J .. Il1o _ 01..,.... dOIItiIo tile .. 0199 ,.., IIId 10 _ or edeIId ..... ad 10 ...... dIap or ...." ..... ... Il1o .... ad ............ IIIInof, to œtlcncllO .... ..... .. to pili ~ 10 .... ad 0 IIIœa 10 _ ~ ... o;uo.lo pun:IIae tile wIIoIe or.., fUI of \lie.......... 10 --.:& IDIII'II" \lie _ 01........ __lor ~ or .... __ 10 pardIIoa or --.. AId ... ..... or UJ part IIIINof iIr otIIt:r rat or paao.I JIIOPCf1J. 10 ....1 _II or dIIrpI or IIIJ tIDd, 10 ....... œBWIJ or .... .., ripI, Utle or -- '~ .."" .. .. .. :;'õ'õ' <ton ~oi:Þ ~~:: ~ ......... 000 0...0 000 -. --- _. .._._~... --~.. , ~.'~". ."", . ¡;: .~--,... . ."~,,.~ ---...-.-- '-' 111_ III or Ibovlllld I'0Il CIlIate or III)' put ~ .. 10 dcII wilJllUd I'0Il _ .. evay put IIIeNot .. all 0IIIeI'..,. .... .. ... 0CIIet .. . . Tn-em. . 1\ _ lie IawI'aI .. .., .... 0IIia& !be _ 10 dell willi .. ..... ....... ..... 10 or ~ rn. .... ..,. __1pICIIIod, at.., lime or tI.- ........... .... ClÖllnlllllIO .... a4 dIIpœa or IIId ......" .... wtdI _ u.œ pIV¥IIIoIII .. !be _ or.... 4Id,......" or ~ 01_ -n- . IbIIo-= .. Il1o __ RA~ B. WIlD I11III M or _ 10 _ IJr .., -. dIea RAYMOND B. WILD I11III 110 IIioo( [III iW bJ MARGARET W. LBWIS ad CONTINBNTAL ILLINOIS TRUST COMPANY OF I'LOIUDA, N.A., to _ . eo. 'I'r'IIce. willa CARL I!. WILD. 1IIaaItIer.". eo. -rr- I11III fill or _ 10 _ for III)' .-. dIea .... .~ ~ or eo.on- I11III _ . Il1o.. n- or eo. 'I'nIIœs. ladle _ CARLI!. WILD I11III raø or _ to _ .. III)' -. dial CARL B. WILD I11III110 6,,( ...tell bJ MARGARET W. UiWIS ad BARNBlT BAND TRUST COMPANY. N.A.¡ 10 _. eo.-rr- wlCII RAYMOND B. WILD. TIIeniIfIer, If a eo.-rr-1IIII1 raø or _ 10 _ .. III)' -. dIea die 1eaIÜaIIII-rr- or eo. -rnœ. ... .... . .... JOID 'I'tateo or eo.~rr- The wdaea -.._ bJ .... s.-or 1'rw1ee, ftICOnIed -. .... J"II* -* .. die CIOOIIII)' wIIeIe Il1o I'0Il JIIOPIIIJ ~ ... II IIxaIed, IO IIIIIer willi ....... or .... ~ u.œ's deaIII, cIIuIIÐItJ, or f"OIJP'lc............. . I... IIOOf1lllt....- _......w.-oIno WIld Florida LMd 'I'nIt ..... -.led ~I I dII"~. I9!IZ, .... .. CIIIIIpIIDI wIdL BvIcIeaœ of Il1o ~ ~ ... I11III œ.III of . 0erIIIIeII œpJ of .... ... œrtIIIcate. BvIcIeaœ of ... ........., .... ex.- or . I"-'d "~II 1 _ '. aIIIIIaoII _..~....,.. 111M die ~ ..- Is ~ of ,..,....... . n- of no WIld 1'IarIda LMd 'I'nIt .... __1IOd ~t _1Jð.....I!Iw ~. 19!IZ. BoIdeMe or tile .... ........, r "'" I11III œ.III of a Nllpatloll, Ihdy -.. ... ~ TIle S- ,.,.. I11III .... .... _ ..-. JI'UIed 10 Il1o orIcIDaI Tr-. . let fonII ..... fa au _ ...... .., part)' ...... willi ,.,.. .. __ to .... _ CIIa1e or to wiIoID .... real _ or .., put tMnIof II1II1 110 OOIIII'IIJ"II, --..II 10 110 laid, ....... or ...... bJ Tr-. be obIIpd 10 _ 10 .... 1ftIIad- of .., pardIIIe ....". leal, or .., 1IonuweII or ...... oa uId ,,--. or .. CJbIIted 10 _ 1IIIt .... _ of II1II u.t .......... ...,.... willi, or 110 oIIIIpd to lIIqulæ laID Il1o --, or Ilfe'Ieaq of .., act 0I1MIce, or 110 oYpI or pIMIeaod 10 IaqIdIe IIIto .., or die _ of.... 'I'nIt .....-. or DecIIIaIIoa ofTr.-; ......,..... _..... _ 1. ... or 0IIIeI' u.u-t __ bJ -rr- .. IdItIoa 10 IIW .. _ .... 110 .....:IwIofII...... .. ... of evay ....... NIJIaI .... or ..... ..... III)' ... -.... ... « 0IIIeI' ...... I ~ 1 (a) .... . .... u.e of Il1o deII¥eI7 IIIcnot tile _ ___ " IllllIIdeeÞN MIl " ..... 1"nIt ~ ... DedInIIoa of ,.,. _ .. fall bœ ... ...... (It) 1IIIt ... _...._ or 0IIIeI' ..... l' _ __ .. -*ace willi Il1o u-. < (\ O'I"...... ... "".~~_ --... lit II1II ,...... &l1li.. IUd ,.,. ~ &lid DedaJadoa 01 TnIa ... lllIIItoJIIIa .... aU beDeIIcIuteI .. ''t. (c) 1IIIt ,.,.. _ ....,. &IIIIIorfæd aad ~ 10 _ .... deUwet -r IUd! deed, ..... ..... ..... ..... or otIIer 1aItnaaeat.. (d) KIIIo _._,_ 11....10 a _ or __.. tnII, 1bat... _ or - -~-....... ...... .... propedr .."..,...... ... I'IIØJ -- willa aD tile dtIe, -. ....... .-.. __ad obIIpIioIII of tile aid ~ .. InIIL Jut --. oIIIIpdoa or "det·~- ~ or ealelallaIO bJ TMIee .. __ with IUd tell _ .., 110 eatInd "10 1IJ II; .. die _ of die !Ilea 'IJ 1"'_ ....1åI TnIa ~t ad DedaJadoa 01 TnII, _ IIIcIr atIIInII:J .. .... IIcIebJ In-"IJ' _pt I I'" -=It p.rpœe. or, It Il1o eIectIoa or on-. .. Ita __ _ .. ~ vi _ .... _ &all IIDC bAI.11 .....'...,.,........ IIaYe DO oIIIIpdoa .-- willi ftIIJ*C to .., ... _-. oW""~. or IIdl'lIlIMH -.pi GIlly 10 far .. tile \nit IRI ICII)' ... ...... .. die .... p011l h. or ""'II1II1110 ."uc.Mo for tile ,.,..ut aad cIIIcIwJD 1IIoncII.'" aD ...... ... ...........cb.. ~ ad _._I11III lie dwJed with aodœ or II1II ..... rn. tile dale 01Il1o tIIIq IJr -.I 01_ Dœd. TIle fatonIt of eKII ud ..." ø_, IIcnIuIIdar &all 1IIIIIer .... ,.,. ~I ad Deduadoa at TnIa IIeIeIuIIøve relined 10 ad of aD peIII* dII1åIJ IIIIIIcr ..... or .., of .... I11III be....,.. tile --.......... pmœedI....... au. dIe"« 0IIIeI'~ 01.... ..... --=. ad I1Idt .... II IIcIebJ dedaIed 10 110 ...... pRIpCIIJ. ... au beMIIdIrJ IIoreadcr ..... IIaYe UIJ \tile or III-. JepJ or ........... II or to uId tell _Ie .. IIIdI bat oaIJ u fatonIt .. die ........ awiII aad proœå 1IIcnot. abaIkL AND Il1o 0Iu-1IeNbJ __ willi 1114 ~ dill die 0Na1OJ1s 1Iwfa/IJ..... oflll4 Iud In ree llaple; 1IIIt .... ~ _ Fool rJ&bI .... Iøfa ndIorIIJ to ICII &lid aIIMJ IålIud; \hat Il1o '\~ ......., ß þI 8 :01 o III ... III ... ~ ÞI o .,¡ I,JI III ------- .- ~_.__...- ...-".. ¡¡;. i:'· " o· 'co. :& f '¡..,~' ,. ,~: " .~- . :t' 7· . ~~: f' ¡ E ~; - i~ .- l' ~. ~ ~, ; <. i: ;; ;~ . ~,. .., '-' ~..., __1III1Ide III............ will.... die _... die ...... ~ or ...... ··nj ,_ · ....-..~ .. - .. die... 0Iua ilia."... ...1CIIIIIIII1a......... die.., ad,. ..... ..... ~ f. Ll/~ art WIld - ~ --t'. LJ.Lf 8. WIld ~-n.'h, STA'I'B OF FtORIDA OOUNTY OF MAlmN A . ~ D8IItUI&n' - "0 111"111 ... _... II'!!.., of ~.., D9'J. ~ CId a. ~... a.,... 8. 1II1II, wIlD ( J... ~... -"" bon 10 _ · -_ I I1n,J .~~ .~ . ~... I'dII 5,~ ~ ( NoIIIJ .... ..... or PIarIda "'0 ..... [NoIuW SeIIJ ~ ... c....... W.;..~ ie.~¡¡¡ . -1UU~ ~ "ë¡I""2I - .~. .....-,.-- ....¿ i ~ 0 ., II t" . II ¡ , 1'1 0 .... II .,' .. ¡ ¡ i .\ ~'i ~ ¡¡ '~ ,. 1 .¡ :J .~ : . ~~.": ,~ ~ i þ. '.r~'. ~ ',-,'. '. :A",·'::'·:~·...;~.:,6r;.~·~ ~r~ ,,'-...;...--.--..---.... ..-..- _....-..... ... . .---- -----.- Doug1.. D1xoa, Clerk :f" ·~e·~~e· c~~¡ t Bgg~rt~J\: ~UC:·1;,.c;.E 1 ~5 FUe Nwlber: 1:Z 1 e 0 Recorded: 12-04-92 07:04 A.M. 111& IaI1naaIaeI PrepamlIIT. ADd RcIwa 10: IŒNNInH A. NORMAN. !!SQUIRE KoIII tim MdCay McMu. Hføiu ".A. r.o._869 'l Stan. PI. 3499S ~. Parcelldmdlloldoa (Folio) Namber(I): W2-c31.aJ01.œ1114 WARRANTY DI!ED 1HIS WAltRAN1T DBIID... tIúI I~ day or YIoWmb, .1992, by CARL wu.o. a IiD&1e ..... RAYMOND wn..o, I ...-ded -. wIIaIe JIOII oIIIœ addraa 113111 0I41!d-.da Road, PI I'IeIœ, P10rtda 30681. kIeIufter called die Onatar,IO RAYMOND B. ~ CARL E. wu.o. ~ or TIM: WIld P10rtda Lud Tnat IIIIder aœeconIet ~ dated b... 10 . 1992, wboIe post oIIIœ addraa II 3111 014 I!d-.da Road, PI 1'1erœ, P10rtda 34 I, IIenoIufter called tile TrusIeo. ~ ..s IIenà, 1110 - "OtaafOl" ADd -rr..- ... ..s IJr IIaJIIIu or phuaJ, · - I'eI 1IIrea, ... IDdIIde, IIiIId ... ...... 10 die beMf1t or all 1110 pII1Iea 10 tIIis Wb-"" MIl die .....1ep1..-...U-... ..... or iIIdMSaaIa, ADd tile _IS ADd .... or --. corpomIoaa, ud.tIr pertllmld IL] wmœssmu: TIIat 1110 Orutor, for MIl .. COMIdc.... of die _ of Slo.œ ADd oilier valuable COIISideratIoaa 10 0ruI0r Ja !Iud påI lip Tr--. '**Pt wIIenoof IlIIeIebJ ~ ..." ........ barpIDa, IdII, aIIaII, --.. ~ CXIIMJS ... ........ ..10 die TnIœe, alllIIaI œnaJa Iud situate ill 51. Lade CwaIy, PIorIda, . TIM: SoaIlawaR \ of tile Sou1IIoaI \ or SocdoII 32, 'Jbw8Ip 3S SoatII, Raaee 40 Eat, leas aad aœpt all n,tata-or.way for MIbIIc I'OIOda MIl drålqe CIIIÜ, ill 51. Lucie CoatII)', florida. THE ABOVB DI!SCR1BED PROPERTY DOES NOT CONS11'1V1E THE HOME!Sl1!AD OF E!l11ŒR OFTHE 0RANT0Rs OR ANY OFORANTORs' FAMlLY MEMBERS, NOR 18 rr LOCATED ADJACI!NTTO THE HOMI!S'11!AD OF EnHER OF THE ORANTORS OR E!l11ŒR OF 0RAPn'0RS' FAMlLY MEMBERs. THE KOMES11!AD ADDRESS OF RAYMOND B. WILD 18 123 E. MIDWAY ROAD. FORT PIERCE, PLORlDA 34982. suømcr 10: Rcslriálolll, -4doaa, Umltalioa aad _II or recont, If 111)'. mBiDa onIiDaDca alrecdalllid II'O IIIr1)', aad - --. IllllleqDellt 10 1......, I, 1992. 'I1Ie forePI reteRace to raukIiOIII, raawIioa, 1iatI1atioM ... _11 or IeconIIIIaIJ IlOl operate 10 mmpole die _ THIS INSTRUMENT PREPARED .WI11fOUT BENEFIT OF 1TI1.E EXAMINATION. THJS ISA OONYBYANaI TO A 'I1UJSJ1!B WHICH. Nal'I'URSUANT1O ASAIB AND IS 1'HIIIU!IQtB BXDØT PROM DOaJIØINTARY SfAMI' TAXBS PURSUAN'J'TO J1LOIUDA ADMINlImtA'11\IB CIODB SBCIION 12BA.814(2)(1Þ). TO HA VB AND TO HOlD die aid II'O IIIr1)' Ja fee ....pie 1IpDII die IhS1I IIId lOr tile IDCI and IUlJIOIC:I ... SlId .. IakIInIt ..- .. forth. FDII power SlId olltorllJ" II badIJ ...I0Il 10 IakI ~ or Ita --.. III_I 10 Florida SWura SectIoa 6119Ø711O ......,... to ..-. _ ... to .... to IIIIIdIvIde ... real _ or any pan Ibcreof, to cIod1c:ate .... ...... .....,. or aIIeJa ... to_any ......... or pan IItereof IIId 10 raabdIoIde aid real eaIIIe . a8ea ...... to _.... to .... to ..... ~ to pan:IIaR, 10 sell oa III)' -. to -,., eIdIcr..... or wI1IIaIIt ~ to -.y aid .. .... ar III)' pan dIereof L;) I - ar _. .. !nit .... to ..... to .... _ ar - fo., Ja _... or die title, estate, ~ .... ....."Ido. ___ .. ,.,.., 10 .... to ....... to -... pIoIIp or 0IkrwIae eDCaIIIber aid real .... or .., pan ~ 10 .... IÜI .... ..... or IIIIJ pan IIIINo( ha .... 10 tIlDe, Iø P . "'I ar ----111 __10 'lOll Ja ..-u or .. I'Mmoo, .... .. IIIIJ __ aad rar III)' patad or perIadI af.... lICIt ...... Ja tile _ d.., .... .... die ... of 9P,em. ud 10 - or -- ..... ud to ..... ... ar ~ .... ... die .... .... jIo...w.- dIenof, lei -- 10 .... .... SlId to .... CI IIitD 10 ... ... ~ to _ ....SIId ~ 10 pIII'CUIe Il1o QaIo or .., pm of .... ~ .... to __ II. I J..... ... _ GI ..... .... IIIIIIIIt of ptqeDI or raau. .... 10 panltIaII or ..... .... .... .... or .., pan ....., far adIcr real or penaaaI IIÐ IGI)'. to .,... ,,.¡lOll or dIIqea at.., Idad, to IIbIe, IDM'IIJ or ..... .., rfPl, tIcIc or "wtI' .. .. .. "'cc ::s Q Q r+nn "'J"'J> 111111111 1C1e0l ~ ....... .. ........ 000 0-00 000 ------ --.-----. kl'f" ,,' ,..-.-.....- . ...-"" ------ ---- "'" '-' 111_ Ia or .at IIId _ __ or UI)' JIU' IMnoo( ud to da1 .... ..w ... _tc IIIId CWCIJ put IIIeNaf Ia ... 0IIIIr..,. ... lor .... ocIIIr ~ . " would 110 Int'alIor .., .-- owIø¡ tbe - to da1 willi .... -. ..... ...... .. _ dIfIieI-. I'nJaa .... ..,. __ ........ at .., lime or U- ..................... -.0 _ dIIpaIe 01.... II'II IGIJ,... .... _ __ provIIioaI Ia .... _ 01 ......... cIIIIIIOItJ or ......1IDa 01 die ~ . IbIIøw: .. .... - RAYMOND B. WILD *II l1li _ _ 10 _ lor ..,. .-. tbeII RAYMOND B. WIIJ) ... 1Ie """ONIIcoI " KAROARBT W. ŒWJS ... CON'I'INENTAL ILUNOIS TRusr COMPANY OF JILORJDA, N.A., to _ . eo- ......... willi CARL E. WILD. ~. If. eo-~ IlIaD l1li or _to lena for IIIIJ -. tbeII die ---, 'I'NIIcc or eo.. -rr- IlIaD _ . die IOIt 'I'nIIIœ or Q). TrwIeeL III 1bc _ CARL E. WILD I11IIIl1li or ClCIIIO to laW: lor IIIIJ -. ... CARL Eo WILD IlIaD 110 ..-eded " MARGARET W. U!WJS'" BARNEIT BAND TRUST COMPANY, N.A., 'to _. eo-n- w.!lll RAYMOND B. WILD. 'l1IcIaftm,II. eo-orr-lItaIIlIII or _ to lena lor IIIIf .-. tIIea .... ....... 'I'nIIIœ or eo- ~ IItaII laW: . .... IDle TnItce or CIo-'I"- TIle wrIUea.. "1"..."".... s-. -rr.ec, 1aIIIded..., die pIIIIIc RIXJI1b lalbe_ty wbcrc 1bc - II'II IGIJ ~ IIonå II IocIIIOII, '..... .... ..w.œ 01 die tinier --. ...... dlublUty. or nlplllDll, *II 110 ~ ~~I..4I._ proolf!lft ~ ,..-" __ ......l1li>- 0I'I1Ie Wild PIodda I.Md TnIt __ IIIIIeIXNded ..- .1IaI~IO. 1991. __ 1Icea c:œapIIed wllb. ~ at .... ~ ..... deada ... coMIt or. ..... CIIpJ at .... ..... ccrUIIcaIc. I!vIdcDcc of .... dIuIIIIItr *II coMIt at . ..... .....,.. ....... ""I.... .~ dIat .... tinier _tee fa ~ of ......... dIIdeI . n.. at TIle WId' PIodda Lad Tna ..... ___ ApaImca. dIIe4~ In . 1m. ~ at.... tinier In.... -1Ir I....... coMIt at. ........Iioa. daly -- ... "'Iba , ~A n. s.- ...,.. ..... ..... .... _ ,.,.a ........ 10 IIIe oripI ~ . lit ran. ..... .. 80 ~...... .., pan, deIIIa& wIdI ~ .. IdItioB to IIId _ _ or to..... AId real _Ie or Illy put IIIInot IlIaD 110 CIIIIIw,ed. """-W to be IOId, '-I _ ....... " Trustee. be obIIpIto - to .... ...,u.:atIoa at .., ........ ...,. -. _ -... !IornNeII or ......... 011 aid pR8iIeI. or 1Ie atJIIpd to _ dIat .... _ at dill u.t ..... "- aapIIeII willi, or 110 aIJIIpd to IIIquIæ Ia&o die ....., or ~ ol..,. 8CC of TnIIec, or 110 atJIIpd or ..... - . ~.........1IIo /III)' of die - at IIId TnIt ~ or nlCllratlo.. 01,...... ~.... u.t........... '-c or oilier ~ ---- " on- .. ........to IIId ... _ .... lie CIIILI.>ß.. eridcDœ .. IiMw ol CWCIJ .--. NIJIaI.... or c:IåDIaC ..... .., ... -.. ... _ 0IIIIr ...... I (. 1IIIt. .... lime of tbe deIMIy IIIaeaIdID u.t cnaIiIId " dill ~ ... " 11M TnIt A.- .... Deduuioa of Traat _ Ia 1ldl1oIœ.. c8&a, (b) 111M... _ .-A _ 0IIIIr IaItt r _ -.ced .. acm...... wItb die ..... clMIiIl."_ ... ......... GIMIIaed .. dill ....... ... Ia IIId TnIt .- IIIId Dec:IaruIoII at TnIt ... JI ....... .... III ladklalleI ~. (c) dIat TnIIec _ d1IIy ntIIaIbIcd IIIId ~"'to _Io.......-r........ _.... "-> -... or OIlIer ......_. IIIId (d) Hille ilia 1.-"" II __to. _ or Þv __.. a.I, 111M... _ or ~.III InISt !law .... ......, ~ , kJ - ,...,...".. .... III tile IItIc, -. rip" .-.......... ... CJbIi&atIoas oldie IIId prodeaoâuo Ia InII. Ar1t -. oIIIJ&IlIoB or ...........-1IIaomod or -wlluo" TnIIec.. _~,1IDa witb Mid - - .., lie...... Jato " II; Ia .... _ at dID tbeII '{BII .............aId TnIt A.- ad DcdInIlDa at 1nM, . dIdr -., .. IIa, ...., ÚfeIItICaIIIJ ."..... lor ... ....... Dr, . die decdoa at 1'nIIDa, Ia III -- _ . ,.,.. at .. .,.. !nil .... DOt I8III¥IdIIBI\J ... TnIIec IbII !law 80 CINIfII- ....-... wIdI.....- to..,'" -. at"·,L. or ..,,, (~..... CIIIIIpt"" 10 far . .... _ JIIUPIItJ ... .... Ia .... ... , . .. at on- .... lie tpfUu1llc lor tile ,.,-t .... dIIdIBrp ....." ... d ..- MIIIXII ICIØIIooII-'-" ... ...__ I11III110 dIBqeII wIdI aotIœ 01 ..... COIMIIIIaII .... .... dale at .... .... lor ØICIOIII 01 dill Deed. TIle __ 01 ada ... .., 'm"., ....-... ... __ 1bc TnIt ~ ad Dcduadoll ol TnIt.. ............ 10 MIl 01811 pa.- ..... ..... ..... or ..,. at tbeIII ...... 110 0IIJr fa tile andBp, .... ... lluœediarllla¡.. .... ale or 0IIIIr ....I0Il at.... ... awe, ad llldlfa_ II ...., ........ 10 lie ...... JIIOPII'1. ... _ 'DB 8.....1 ......... ...... IIBwI UIJ dtle or btIcn:BI, .... or ......... .. _ to .... ... _ . Iac:II bill .., .. .._ .. .... CBI1dJI&I, _lis ad lluœedillllnot . BIInuI4. AND die 0rDr0r...., _U willi.... 'Iì1ts1CO dJBt .... ~ lllawfaIIp ICbed atuld Iud III fee IiIDpIc; dIat ùo Omuor l1li JDOd rIP. ... ..... HIItoriIy to sell ... aIIIW:J' IIId Iud; .bat IIIe _. ~"-- ~-- '. 'WI ~ "" 8 :0: o CD ¡.¡ CD .." :Þt ;) '" o .,;¡ 1/1 01 ~ --~- - .< Pi' I --...-..-- ~~" ,. .' ~' . . ~. ~L~n~~'J ~.'. ~ Vi ~' ~ r, ~ ~.. ~. Ii! i,- " '" ~~ f < .'" ," ,. , t. '. ~'; ,.. T i-· r: 1.: ~ '. ! , t,· , ~1 '" ~: f ~ ;: .' !:' ¡; ~o. . .! :'. ~ ì' ~ ~ ~;<" -~~::'~: ,,~","~~..ôw_< . '-,' .,:'; ';'''~.fh':,f . r··o "', . ." ....¡.' ,= .J ~ ...,.,I a..ør ...., .. __ die ..... .. .... .... .... .... .... die _ ..... die ..... ...... of ....... ~ 1 lit.. g B o (I oI (I JIOrl. die.... 0IUIaI' -1Iped .......... ... ..- ......, ad)Wl' ¿~ e. .ú~ 1::&.-.,: -t'- u~Lf ~ G1 III STA'IB OF PLOIUDA CXIUNTY Of MAIlTIN ~ 'IRI~ INft1WIEIft' _ __ I ~ IIeIn _ UIII JA!J...,. of flL-IIIJ . . 7A .,. Cat;:::. ... .,... WIld, -I J....--oJ bon .. _ 01' I - II ..,. Lß< .·~t. ~, 'V.f. ~ ,~n.t'!C" Notary Public, &ate of Florida o ~ VI ~ My Commia/nn apira: [Not8rlII SeaJ) . ... c..... ..-- IINeøIIIIr Ie, I. _1l1liIlOl....__ ~IØJ ;~: '. . ...:' -' ~ J $ .. . Ir. .' ,- t: - ,. ._" - .iI ...--.- .-............-. ......."...-.. -...-.- --..--. 1 .. Doltgla8 Dixon, Clerk of the C1~t Cou~ - St. Lucie County ~' File Number: 1218089 OR BOOK 0818 PAG!!: 0758 Recorded: 12-04-92 07:04 A.M. 'l11li '- .. PNpued by: .... 1tøCmI1D: IŒNNBTH A. NORMAN, BSQUIIU! ItoId BoIIIID McICøy Mc:Maa.. HIgiaI P.A. P.o. JJœ - _11 sn.u.. PI. 34995 VJT ParœI JdcDtiØcadoa (FolIo) NlI1IIber(a): 2432-441.œol~ WARRAHrY DE!I!D 'IHII WAItRAN'I')' DEI!D, ....so ~ 1¢.1 Clay 01 nOIll ...Iotl' . 1992, by CARL E. WIlD, a åqIo - &lid ltAYMOND II. WD.D, a -med .... wIIoIc pM oIIIœ ~ II 3111 Old I!dwanIa Reed, fit PIaœ, PIoñIa 3ØI1, IMreIIIafter called doe (lnaIor,to ltAYMOND II. ~ ad CARL E. WIlD. 'haIIca 01 TIle Wild Florida ..... Th111IIIdø anamIed ~ daIed ~. I D . 1992, wIIoIc pM oIIIœ ~ fa 3111 Old I!dwanII ROId, fit PJerœ, PIoñIa 34S81, IIereIaafteo- c:aIIed tile TnIsIee. ~ ... IIeIeIa, die _ 'Otaa1Ol" &lid ~ ... ... forliJlplar or pIanI, · -- RIC IIiNa, ad I1IdIlde, båId ud ...... 10 die IIeIIeIk 01 aD die pueblO IIIIa Db-t ....dIe IIeIn, JepI..-..u- ad...... 01 iIIdI¥IdaaII, ....tIIe.-.. .... ....... 01--. CXX' IOI&IIoM, acr,u ~J "II III: TIIat die 0raI0r. for &lid .. CDIIIdeødoa oldie _ 01 $10.00 ud OIlIer valuable ~ 10 0raI0r .. IIMd JIIId by TrwIee, œœIpt wIIInoIla IIeIeIIy a"'-ll1¡ .. IIeIeby PO'" ........... aIIeIII, .--. ..... CIOIMiJS .... axIII... uto die TnIIIec, aD 1IIat œnaia !aDd Ii_Ie III SI. lAde 0>atJ. Florida, YIz: TIle SoaIII15O feet oldie NanIa ., 01 die NorIIIe8It .I¡ 01 die __L -., 0I1IIe Soalbeasl .I¡ 01 Secdoa 32, ~ 3S Sad, Raate .to Eaot, U!SS AND BXCEPI1NO dIaetmm die ø.a .to feet for ........., Reed, I&id propeIt)' ...... .. !II. lAde Coaly, I'Iorida. THE ABOVE DBSCIUBED PROPERTY DOI!S NOT CONS1TnJ1B THE HOMESTf!AD OF En'HI!R OF'lHE 0RAN1'0.RS OR ANY OPORAJm)RS' Po\MILY MBMBE!RS, NOR IS rr LOCA'IED ADJACENT 10 'lHE HOMESTEAD OF BITHER OF THE GRANTORS OR BmII!R OF ORAN'l'O.RS' PAMlLY MEMBI!RS. THE HOMBSTBADADDRI!SS OF RAYMOND II. WD.D IS USE. MIDWAY ROAD. FORT PIERCE. PLORlDA 34912. SUBß!CT TO: R&Itric:tIoaI, -.foal, u.J1aIIoaI ud _.. 0I1eCOId, If any. 2IDIIiD¡ onIIaaDca .... I&id pmperty, .... _ aœndD& IIIIIMtpcIllID JanaJy I, 1992. TIle '-loiii. rdere8co 10 I_UJ.-, ~ 1IaItado.. &lid _.. 01 r-.t IlIaD _ operate 10 ..... doe-. nus INS'JRUMENT PREPARED wmrour BENEFn' OF 'JTJt.B EXAMINATION. 11111 IS A CONYBYANCBro A 11tum3B WHICH ISNOI'PURSUANI'TOASALB AND IS 'I1IBRI!PORB BXI!NPT fROM DOaJMl!NJ'ARY STAMP TAXBS PUlUlUANl'TO R.ORIDA ADIONIS'I1tA11VB ooœ SBCI'ION t2BA.OI4(2X'). 10 HAVE AND 10 HOLD die I&id pmperty III fee simple IIJIOII die IMU &ad ø die _ &lid PIIIJIO'IIIIIeNIa .... Ia I&id '-I ...--1 Nt Ibnh. FIlII power ud ~ II Jacnby pu!al1O aid Tr.- or III _ ......1 10 Florida Stahll.. Secdoa Q9.Ø7J 10 .....-. 10 ...-. -.. .... 10 lei, 10 IIIIbdIvIde I&id leal _Ie or any pan ~ 10 dedIcMo puIII, ....... ....... or .,. MIl 10 _ &IIJ lullJI...... or pan dIemIf IIIId 10 raabcUvIde ..... ... _ . oftaI . ..... 10 _ 10 acII, 10 .... ~ 10 JIIIft*aIe, 10 leU 011 .., ...... IO...., eIIIIer ..... or.... _, r ... 10...., .... ... _ ar .., pan IIIeIeof 10 a _ ar _ .. '-I ad .. ....110... _ or - ..... ia _ aD oldie dUe, ..... .-. MIl adIorIdIa ..... .. TnIIee, . ...... 10 daIbIe, 10 ...... pIDd e or 0IIIeIw\se -- I&id leal _ or .., pan ~ 10 ... .... ... __ or .., pullIIaeaf, ..... lime 10 II-. Ia y-w'oll or ~ by ..... . _lIml ..,...... or .. I'InIv, ... .... .., _ &lid for ..,. pcdød or pabk III.... 8111 ...... I. ... _ III.., ...... ..... ... ... III" JDIS, &lid to _ or ..... ..... ... 10 ...... au.,. or .., ..... MIl die _ MIl ,.oMu-lIIeNof, 10 - 10 ..... ..... ... 10 ..... ~ 10 ... MIl ~ 10 _..... ....1I IIIœa to JIIIIâMe die .. or .., pan III ... ...... ... . œ.aaca tell I~_ ... _ III ..... ... -' of praaI& or ...... ....... 10 pMIdøe or ...... .... ... .... or .., pan IIIInDr for adMIr leal or ...-.. propeIt)'. '" .... ,. liT." or cIIatJIa 01 &IIJ ...... 10 ..... ...., or .... &IIJ ...... lido or rJ ,. ., .. .. .. "'00 1'00 "nn >i>i> 11111111 II Ie II ~ ......... 000 . . . O-.JO 000 ..---- ~--_. - ~:. ~ ..-....,-~. - -~..- .. ..... - . ..-- ..----......- '-" IaUnat Ia « ..... MId JaI _ Of all)' put .-", ad to ... willi MId ... _ aad <Nerf part tIIenoC.. d OIlIer..,. MIl fDI ... 0IIIef ~ . Þ -'II 1Ie IawI1IJ for ay pcnoD owID& tile - 10 pi willi ilia -. 'IIIIIIIMr IIIIIDu to or 4IIIIemd III.- tile..,. ...,.. epedIIed. 11& all)' U1IIe or ~ ........... adIawIIe 10 -..... dIIpøIo fII __ pnIpCftJ."" wIIII_.,.. proriIIotII Ia tile _ fII tile lied, dIuIIIIIIJ or ..padua fII IIao ."... . iliiooii: Ia tile _ RAYMOND B. WILD IlIaD a.a Of _ 10 _ lor all)' -. ...... RAYMOIfD B. WIU) lid be.... . 1 .., MARGARET W. LEWW aad OONl1NBNTAL ILL1NOIS mUST OOMPANY OF FLORIDA, NA, to Ilene . Co- -n- willi CARL B. WIU). 'DenIIfter,. a Co-~ lid a.a or _to _ for all)' -. IJICII tile ~ 1nI1M or Co-'J'ra-. IlIaD _ . tile IOIc on- or Co-~ III ... _ CARL B. WIU) IIId IIdI Of œMe 10 _ for ay -. .... CARL E. WJLD ..... be ..... [ [~ .., MARGARET W. IBWIS aad 8ARNB1T BANKS mUST OOMPANY. N.A., to..... . eo--n- .ö RAYMOND B. WILD. 'I1IenIIftct. 11. Co-~ IlIaD faII« _ 10..... for m:r -. ...... tile ~ ~ Of Co- ~ ilia....... tile IOIc n.œ or eo-~ 11M wril.. IHJCIp4ø_ .., ... S-1'NNe, NCIDnIed -. ... pdIIic reconIIla tIIc CXIIIIIIy wbere ... NIl JIft1I*I1 ~ IIInIa It Ioc8Ied, I'" willi ...... 01... .... --. dcaIIa, dIatIIIItJ. or ................. be ""Q...I~_ IIIOIIf1llfl IIID_ _ ~ f1111M WIld FIarIda Lull ,.... !'8IIer _~.... ~ ......A!l2lMlbwll1 19!J2, line ... œmpIIed willi. IMIcIIœ 01 ... .... ...... ItellllIIIaD ÐOMIIt .,. .... CO IJ fII ... IteIIII œrdØcII& EvIdeaœ 01 !III dfIaIIIIIt)' I11III COMIIt fII . ø.-.a ,,~JI ...... IfIIdMIt .............. dial ... ror- 1I1II&ee Is mcap.IIIe fII JIMb..... .... . ,.... fII ". WII4 Florida Lull ,.... ..... : ~4OAI A¡œemeD1 c1Ue114P-- ID. t9!I2. BvIde8œ fII .. .... ....... 111.. ~... I11III COMIIt 01. ~ dilly QICQtCId .... ~ ". S-- ,.... liliiii line die _ powas puled to die ortlløal -rr-. . lei fortII .... Ia DD _IlIaD ay JIId7 ...., willi 'nwIee .. ..... 10 IIid n:aa_ « 10 wIIøm said real _Ie Of .., lIlt tIIenoC IlIaD 1Ie ~ coatrated 10 1Ie IOId, Jelled or ........ .., TnIIIce, be oblJeed to _ 10 tile ~1oII 01 ..,. ........ ...,. ... or ..." IIamIwIId or Idvaad OD laid pranIIea, or 1Ie ~ to _ .. tile .... fII.... _ .... '- a111p111111IiIII, or be oIIIIpIto fDquIre iDto tile IIeœIIIIJ or III I [ "-t fII aar acI fII Tr-. or be oIIIiFII or ...... 10 ...... IIIID ay 01 tile _ oIlÜI ,... ~ or DNaa....... fII TnII; .... ..,.... ....... -..,..., or odIer '-- -..II ..,,.... III ..... 10 MId .... _ lid 1Ie ccn 1 1_ eWbœ III IIIww 01 eoay pam&. ...,.... or dabåt¡ ..... .., IIICII -... .., ell' odIer ...._ (.) .... . tile U1IIe 01. ... deIIwq tIIenoC ilia ... cnaaed .., .... ,~ ".. .... .., l1li4 ,.... ~ ad DodaaIioD of 1NI _ .. fllllloIœ.... eIIBcc, (II) dial.... 411".~ r .HI or OIlIer..... n r 1 _ -=8Ied III -.Iuœ willi IIao u-. .... o~...... _,AI" ~ ." , III .... ......... ... .. l1li4 1NI AcJ-t aad Dec:Iuatiœ 01,.... aad It ....... .. .. L - ....... ........... (c) .... ~ _ dilly II1I1IIorized u4 ~od 10 __ ... deliver fIWII1l11C11.... _ ....1caIe, ..".. or adIcr l1li11_1 aad (d) If die _.-._ It .. 10 a _ eII'.... ......_fa InII, dIat 1IIdI_ or.... -.-:a fa U'UI( line ... JIIOII'dJ appoIIIted &ad My 1St6d willi aD die title, -.. ...... poooen. dodIea .... oIIIIptiODl of tile IÜI .....- Ia IIWt. ÑI' -. ......,.- or ~_ IIøned or.....IIIIo..,~ fa -.... ,loA willi said real_ .., 1Ie......1IIID .., II; III ... _ 01........ . - I............,.,. Aar-I aDd DedIraIIoD fII,...., . .... aItOIIICJ fa ilia" IIa'e1Iy h.~ -lit .. ,.... for IIICII ....... or. al tile eIeI:IIœ ot Tr-. Ia lit _ _ . -rr- fII _ ....- _ .. _ 111011'1" rll) .... ...... IhaII line DD oIIIIpdoa.... - - willi ..-peel 10 ay ..:It --. ~.. ell' J . L' .-pc _10 far . ... .... JIRII*IJ aDd fIIIIdI .. die....., r . - ot -rr- ... be .....1.:... IIr ilia pIYIIICIIl aad dIIdIIrp dIeIeoI, .... d .... .. -.....-du- ....- [),III' .... ___ .... be dIUJed willi DOdœ 01 .... COIIdIIIoIIIII.- IIao ... ollila IIIiIII for naxd 01 .... Deed. 1'110 __ 01 adI aad -r baIdIdaI,!IeI! . aDd IIIIder ilia TnIt Aar-I aDd Dec:lar.ldoII fII,.... 1IeI' ~IM nfand 10 &ad old .... mIaIIII¡......... or aar oIlbcIa IIIaII be oIIIy Ia die ....... nails u4 praœedI...... III.- 1bc ale or CIlIa I'" ~Io_ 01 MId IaI "Ie, aDd llldlfa_ It ..., decllNlllO be penoaI JIIOPIIftY. aad .., 1IRáIcIaIJ ~ n~ ...... line lID)' tide or IDUIRI&, IepI or 6I 1II1IIIIe. ID or 10 aid JaI _10 . IIICII IMd OIIIJ u IIdcreIt Ia IIao ......... &YaIII aad IIoœedI1bcnIoI. IfonaId. AND tile Oraator IMnIIJ ___ willi laid TnIIIee dtI& tile 0naI0r ItIawflallJ ICbaI 01 said !aDd in fee IimpIe; lllal die OnDtor l1li &ODd ri¡lu aDd IawftII .1IIbad1J to ICII u4 amey said Iud; doat tile - M..-. ~ ··-1 ~. .....,I o ::II 8 :0: o m ... m .., :10 Ii) PI o ..¡ U1 10 ------ ;,.~'5'~~'; ·.1... , ,... OJ .",. . ~~.;::. .., .~.·n1'-!··:,·'''·.: ..... ":~, ~..,." ~ ',. '. ,"~. ~ ~ ~ __ _- .. CIlIa to'" .... ad wII defIIaII ilia _ .... die ........ daJB of ...... -. I.. ~ ....... ..... ... ....... fa _ ..- . -- '1"11 WI .. 0#, ilia.... ~... ..... ad.... ..... ..... 1M cIIJ ad ,.... II! 1M ~...... ; o II ~ CD ~; ~'. ~. f ~ I: ;< ~. ! ~:, t " ¡-. or.: ~. ~. f . ~ t. .(/ /..;L) ~ . ...L ~-....R -t ¿ J~ U ~aWDd i o '\I ~ o ¡: .. \ '!:; .. srA'Œ OF PLORJD.\ COUNTY OF MM1tN 'IRB ~ INIDWIIIINT .. ~1111¡ J 1IeIn _ ~ ~~ of ';;{Jr--I..Iß . t!I!Il, ,,~ a. ..~......... -. wIlD ( ] -...-a,; __ to _ or ........... A d/'~ . _~ ~..~ t.. 8!i'11; . Lþ /~r ~ hIIIk, SIIã of PbIda l , t ,. MJ' nr-.._ aphI: NoÞdII s.q . ..c. UIIiØ "'-- _~~I=-- , ~ mil' mteorJ¡ __..~. ._ __::..0" þ,., ".c. ;::....'-~ "'.~.~~...~;~~¿~;:'..*~ .', .. ~ :.~ I.' ~ I:~', .t¡= ~. 't' : ,( ".. n.F"'~'. Œ r ___ '._..-~ .._.._.___.~ ._ 0,_",_._ ! , .~ Douglas Dixon, Clerk of the Ci~t Court - St. Lucie County ~ rile NWllber: 1218090 ~R BOOX 0818 PAGE 076:1. Recorded: 12-04-92 07:04 A.H. 11III1Duu1aat Prepared by; - Retana 10C XENNE1H A. NORMAN. ESQUIRI! ICoIII BoIIio Mckq Mo:Muas HIgI.. P.A. P.0.Bœ86.il .:,A Stun, FL 34m V'" Pum IdaIr/fIœdon (Polio) Number(I): 24J2-44J.OOOt-«XV1 WAltRANIY DE!ED 1HIS WARRANTY Dl!I!D, made II1II lo:lh dllYof ~W>NI b>r .1992, by CARL EDWARD WILD, a ... - - RAYMOND B. WILD, a _ied -. wIIOIc poK oftIœ add.- II 3Ul Old EdanII Raad, PI PIerœ, florida 34981, IIereiaafte. c:aiIIed die 01811101', 10 RAYMOND B. WILD _ ~ B. wn.D. ~ of 'I1Ic WIld FlorIda laid TnIt udcr ameøonled ApmDc81 dalcd h4I- to . 1992, wIIoIc poet 01liœ IIddreII II 3111 Old EdwanII RaId, PI Pierœ, Florida 34981, bcmaafter caUed \be Trasteo. ~ used IIereiD, die _ "Oraa1Ol" _ 1'rasIed' ate used 1101' Iføplar or phuaJ. .. -- teqtúna, and ÚIChIde, iliad aDd Inre 10 die 1IeaeØt of aD 1110 panics 10 II1II ~I _1110 ...... Jep1..-taliva aDd ...... of IDdividuaIa. _1110 I1ICœIIOn allll ...... of II-, IXItpOWiodI. aIIIIAIt parIJ-'lpLJ WlI'NES8InH: 1bat die Oramor. b' _III œtlliIdcradoD of die _ of $10.00 aDd ot1acr wluallle ~ 10 0_ III bud pilei by TrIJIIee, RIOCIpI wbereof 111Ieteby .... "h~eccI. badly patllI, bIrpiIII, I11III, a&a, ..... reIeueI, 00IM 0a aDd cxmfiJlBI UIO \be Tr1IIIeO, aU tIIat cenaIa IaDd lltual.e In SL Lade Conly, Florida, ¥Iz: 'I1Ic Wcat ~ of die SoutkMl I¡ of die SoatIIeat I¡ of Sec:dotI 32, TOIIIÃip 3S South, RatlF 40 Eat, LESS 1bo SoatIa IIiIIcty-tY¡o (9Z) I"eet dIaeof for DraIIIaF CaaaI No. 1112. Nonb St. Lade RMr DraItta¡e Diltriç , TIlE ABOVE Dl!SCRIBED PROPERTY DOE!S NOT OONS1T1Ul1! TIlE HOMESTI!AD OPBn1ŒR OF'DIB ORANrORS OR ANY OFORAN1'ORS' PAMlLY MEMBERS, NOR IS rr LOCA'ŒD ADJACENT TO 11m HOMBS'I'BAD OF m1œR OP TIlE GRANTORS OR Bn1ŒR OF ORANrORS' PAMlLY MEMBERS. THE HOMESTI!AD ADDRESS OF RAYMOND B. WILD IS 125 B. MIDWAY ROAD. FORT PIBRŒ, FLORIDA 34911. SUBJI!CI' TO: Rcatrfc:dottI, ramadoos, Umltatloal u4 _II of IOCOId, II 8\1)', .... onIIIIatIca I&ctIIIa laid property. aDd _ IIOCrtÚIIIIDIIIeq1IeDI 10 leaauy 1. 1992. 'I1Ic iJrc&oIq rera-IO ._k.I!uuJ, -1Ioas, Umltatlonlnd _II of RiOOId dIaU DOl operale 10 rdmpoee die .... 1HIS INSTRUMENT PREPARED wrmOtlT BENEP1T OF 1TI1.E EXAMINATION. 1HIS ISA OONVBYANa! TO A TRVSJ1!B WHIaf IS Nal'PURSUAHl'TO ASALB AND IS 'I1II!IU!I'OIœ IIX1IMPT FROM DOaJYIDIITARY STAMP TAXBS PURSUAHl'TO PI.OIUDA ADM1NIIn1t.A'J1\IB COÐB SBCI10N 12BA.OI4(2)(1I). TO HA. VE AND 1'0 HOLD die laid property III reo liølplc u IOIIdIe InIIII aDd for die _ and purpolCS IIenU _ Ia laid UIIIt "-1 let bill. PuB ~ aDd udlorily II ...., puted 10 IIåd Tr1IIIcc or III.... -,a pumanl 10 Florida Slahtlel Sect1aa ...07110 ImpIIM, 10 ..-. -.e MIl 10 MIl. 10 I1IIIdIvIde .... teal _... or ally parll1Icrcoo(. to dcdkaIc pub. a-.1IIaIIwIIJ'S CIf ..,. aDd 10 _ 8\1)' .... .H...... or pat dIaeof ucI 10 ftal/1KIMde ..Id .. _ II oftea II ....... 10 GUIIInct IO·MII. 10 ..... CJIIIiI* 10 IIIRMIe. 10 ...u aD 8\1)' IenIII, 10 aIIMIJ' eltIIer wltb or wItIIoat GUIIIIdontloll, 10 aItMJ .... teal _ or ..., pan I1IeteoC 10 a _ or _ .. _ _ to ... 10 lad! _ or a- 'II Ia _ d of \be dtle, eataIO, pøwn aDd ......... .... III Tr-. 10 .... 10 411d1ca1e, 10 ~ I . JIIIdII or 0IberwIIe -- .... teal __ or .., pan dIInø( 10 .... .... .. .... or .., pan IIIenIoI, Imm lime 10 II-. III r I . J' 01' ---.IIJ __ 10 ___Ia ..-.. CIf Ia ~ _....., _ aDd Cor 8\1)' peda4 or pcdodI of lime DOt c:a:eda¡ Ia l11li _ clUJ .,.. ...... l11li tent 01 \I!II JeUI, _ 10 _ or __ .... aDd 10 __ c:aatJF CIf ..., ...... die _ MIl ptø...... 11IeteoJ;. 10 CODtnICt 10 ... IeaIca ... 10 put opdHI to .... .... CIJIIII- 10 _ .... aDd optI/MIlO plUdlae die wIIOII or .., pan cll1III mrnIoII _ 10 caøaa _...... die __ 01 .... l11li _I of praeat or tIIttae -tall, to putidoII or ...... ..... NIl ... or ..., pan ....".. ot1IIr teal or penoaaI pnJpeIty, 10 ....' _ or ... cI..., iliad, 10 ..... œtMJ or..,.. .., rip!. IItk or -- --+ ! ¡¡¡ )i . . . ....OjOj :>00 ,.nn ..¡..¡:. ~t= .. ..~ ....* 000 0"'0 000 6. ...._ ~ Il. ."'''' r ~ ~~ \w IDtaat ID or aIIoott MId ... awe or ., pac IIIoIeo( ad to deal willa .... ... _ .... -, pac tIiIInIof Ia .. aca. ..,. .. IIr .. oGer -......__ . II waId lie IawI'1d for .., pmoa owID¡ I/ae - 10 deal .... ... -. wIIcdIer ..... to or dIIrInII& rn. 1IIe ..,. ... IpCdIIed. 81 .., lime or ... ....... .. 0IIIIrwII0 10 -._ dIIpoIe 01.... II'O ICI1J,.... wIdI__ ~ pnMIIoas ID .... - oldie ..... tIIIIbIIItp 01" ........ 0I1IIe -n.a- . RIUøM: III Il1o - RAYMOND B. WILD ...... fill 01" _ 10 _ for .., -. .... RAYMOM) B. WILD .... lie ~ bJ MARGARET W. LEWIS ud CONTlNl!NrAL ILUNOIS BUST COMPANY OF FLOItJDA, N.A.. 10 _ . C0- n........ CARL B. WILD. ~,It. Co-TnIeee .... ... 01" _ 10 _ for .., .-. dIea die .......1'raøee or OJ.1'nAcs ...... _ . Ole IDle TnIree or OJ.1'nAcs. fa I/ac - CARL Eo WILD .... fill 01" _ to _ .... .., .-. .... CARL Eo WIll) I11III lie -, [[ W bJ MARGARET W. LI!WJS II1II BARNB1T BANKS BUST COMPANY, H.A., 10 - . Co-'IDIIeeI ...... RAYMOND B. WILD. 'I1II!rafter. If. OJ. n- .... fill or _ 10 _ b ..., -. .... I/ac .---. TnIeee 01" eo. TruItea .... _ . Il1o IDle Tr-. or Co-1'taIœa 11ae wrInaI ~ ..,. _ bJ Il1o s.a-" 'I'nIr.e, fCCUIded ..... Il1o pubUc __ ID Il1o aNDIy wIIeIe .... ... JIftII*IJ "-Ibed .... It IocIMd, fOIItIa willi cMdeaœ 01.... rœ- --. ...... dllabilltJ. or ........... ..... lie -.ed I.! I... ptuol \!!PI Il1o ~ Of ~ ......w.- 01 'J1Ie WIld FIorfdl lad TNt 1IIIIIer ~ Ato r. œedazw.laIO. 1!192, ..... ... œ.pIIed 1III/a. IMdeDœ 01... .... ____ deIdt ..... COMiIt of I ..... CXI IJ 01.... ... '*~ I!WIeDœ or l1li cIIIabIIIty .... ..... 01 I ~ 1*1*11'" ....... 11l1li" . " dill Il1o .... 1nIIee is ~ 01 ,......, åIIs . -rr.. of 'J1Ie WIllI PIDrIda lad TrwI .... ......... ~I dated ~ I!I9Z. ~ 01Il1o .... &1.... f " 'ilia .... œMItr of. """'r-doa. duly -.all .... "'a_1 .' 1118...... ..... ..... ..... .... _ ..-. ...... 10 IIIc ortpIaI TnIfee, . Me ba ..... fa 110 - .... .., JIUI)' ...... wIdI TnIIœ fa reIa1iaa 10 IIId ... _ or 10 wbom MId ... - or .., part 1/aenoI.... lie ~ (a' ..... 10 lie _ ..... or ......... .,. Tnstee, be CJbIi&ed 10 - 10 Il1o ....,.......... of .., IIØdIIIe ...,. .... or --.r 1IorrcI..a 01" ~ OD said praIiIcI, or lie 0IIIiFI1O - dill 1IIe ... 01 ~ .. III¥e .... -.w wü, 01" be oIIIIfDd 10 lBqaile ÚUO Il1o IIIœIIitJ or ""P""'-cr 01.., act of on-. 01" lie CJIIIIIed CII ........ 10 ... IUo ..,. 0I1IIe . ... 0I1IId TNt ~ I - or r ~ ... 01..... ......,..... !nil ..... ....... Je.e or otlaer .............. -- .,. TnIeee .. ..... 10 IIId ... _ ..... lie ~ 1 1._ ..w- .. ... of every ICIIaM, ~ .. or cIIIIIIq ......,.. -.. .... or oGer .... . (I) dill . die 1bIo of I/ae dcIåaJ IIIINat Ole !nil cnûId ., dill ....... .... ., aid TrwI ~ ad DecJaraIiOll of TnIIt - .. ... IDI'Ce ad 6cI. (II) dill -.:II.œ.... . _II or 0IIIIr ..... l' _ -.eel .. ... . willa I/ae tnIII, ............ ... 'hodl.I"- ___...... .. 111ft ....... II1II .. ..... TrwI ~ ... Dec:IaIaUo. 01 TNt II1II II ........ ..III w. AM..... --..... (c) .... -rr.. _ ..., ntIIorbed .... ~ 10 --- ....... war 18da..... .,...... ..... ....... or oGer ~ ad (d) Ifl/ae -.- II" to I __ or __ Ie .......... _ CII'''' __If'''''' bÞe .... JIIVpCrIJ IJ'P' « ... ....., --.. willi aD Il1o dde. ..." rip1I. .--. dudellII4 obIJtIIIoao of I/ac ..... II'CICIcIcwu. Ie InIIt. AD'¡ COIIIrIcI, oIIIJpdoa or ~ '-tell or earen41a1o II!' Tr.-.. -....... willi said ... _110 ..,-1Ie .....1aIO ., II; .. Il1o _ 01111& .... , r .iI.,.. ......... TrwI ~ ad DecJara.... oI'InIt, . ....1IIOIIIIIIf .. Iact, ....., ~ ...1"--.... III IIå ....... CII, I1I11c eIecUoa 01 n-. .. ill - _ . TnIteo 01_ .,... _ ad _ ....1.""'\ 1114 TnIteo ....... bÞe 110 oIIIIfIIIDa ~ willi reIpOCt 10 .., .... CIIIIInICI, .......... ar .... 1 ' -.. CIIIIJ 10 fit . Ole !nil ....... ad ,.. Ie .... ...... p au j I.. 01,.... ..... lie ~ for .. ..,..t Ud cIIsdIarp ~ ad III ..- ... CXIIpIIrIIfuM --.. ... 1IIII1Ioc:.... ...... lie cIIIrJed wItII aoIIœ 01..... cmdIdoa rn. Il1o ..... of ilia ..... Ix' RICDIII 01..... Deod. 11ac ~ of -- ad ..., '!Yrl &, .. . ad..... ilia TrwI AfI r I' IIId DecIarI1Joo 01 TNt ....~ ..... 10 ... of II .... cIIúIIa¡ ..... dIaa or .., of ..... ...... be 0DIy II Il1o ....... ..... ... pmceedIlIiIIII& a- Il1o .... or oGer .....Iioa 01..... ... _Ie, IIId I1IdI fa_ II ....". dec:IIIed to lie ..-.. ,.."..,.. .... DO IIeMIIdaty Ilea '1:0" ..... .... ..,. dUe or II.... IepI or eI 1II1aIIIe, Ie or 10 IIId ... atIIC . .... .. Oldy .. __ .. IIIc ........ avails ud pnll lledl1IIINat. ab8aId. AND IIIc 0-... ...., _II willa MId -n-lIIaIdIe ~ It ....,...,..... of..... lad ID fee IIIDpIc; IIIaIIIIc Orator ilia IOOd rlptlll4 ....... HIIIDIIIy to .... 1114 ~ IIId IDd: ""1 IIIc - ---. --.-- . ~ oJ o :xl tIS 8 :0: o Q oI Q 'I :Þ r;) I': o .., ( \ N ..!. ! ','\ If;· ~., ¡r',' ~/ ~~ ~.' , ,. .~ it Þ" ¡-; l' ~. ti. K: ~;. " "e; 1;"'; i.~ t~-· .. ;v ~. - ¡ ~. ~ ~. ;.: ., ,. ---,. ......'~~...... ID... ....... wID tIIIIIIIIId ............ IIIoIIdd dIfmI or II ......... . 1>. . , ... ..~- ~ --...... 0øaIDr 11M .......... .... ...... die dIIJ'" IeIr .. ........... ........... ... ...... .. - ..- ~...:.:...' . ,'" '; .. joo' ¡ , . . 4~ 'ê,p~ Old .... WIllI /L/J , ~.... ß -2f. u../.( ¡¡;:.. Me! SJA'I!I oar JlLQUl)A COUNTY oar IfdON ...-Ih-~~~ JNS'IIWIBß' - 'MY¡ I ~J ..... _ IMI ..lJ.#dIIJ or . ~~ ... , -." Old ~~........ ... .... I-,.....u,-- ID _ or........... L :I ___~. ~I~~~ ..... 'it:... r NoIIUy hbIIc, Stale d Florida My Commla/œ apireI: ~II""J'NØIII (Noc.riaI Sal] ~ ....c.~ W_';I_~ ,..-rm . -- ..... .~...-.-:.-..... --~ -.... :,... ; i ; S ~ .~ 0 III oI ~ ~ ., III "J í i " ¡ 0 ... r " ca . rt I.tI ; .j ~ ; H;. ¡... "~. J ~ 'I" . ~, -: ~~...._. . .~_ .._.......,1r~.:·~..t~¿;;u;.ì,; '-" ..." Additional Data There is an additional I8.28 acres (Tax ill #243234300010004) directly to the West and across Christensen Road fÌ"om our property that is currently for sale. It is possible that St. Lucie County could purchase this parcel in addition to the property we have submitted in order to get closer to the IOO acres requested. The real estate sign on the 18.28 parcel is fÌ"om Century 21 Duncan and Associates. ~ AGENDA REQUEST I'~M NO. C-3b DATE: August 28, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Division of Forestry Joe Spataro Forestry Area Supervisor SUBJECT: Annual Fire Control Report BACKGROUND: The Division of Forestry is required to submit their Annual Fire Control Report to the County Commission. This report outlines the Fire Control activities for the past year. They request that it be placed on the consent agenda for Board acceptance FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends acceptance of the Annual Fire Control Report from the State Division of Forestry. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: NCE: Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Other, Other, Finance, (Check for Copy only, if applicable) Eff. 5/96 irr."!i"i~ ,I.i'~ 1f:~~, rJ . CP",;:.( "'I ,'._~,' -- . - '- .' :.... ~-, to, ,,~:,:::;.,..~¡-;! )~V ~ .~t·~ JI': -=J~...~_ ~~ ~~~ ~ '-' ...., Florida Department of Agriculture and Consumer Services CHARLES H. BRONSON, Commissioner The Capitol. Tallahassee, FL 32399-0800 Please Respond to: Division of Forestry 4330 4TH. Street Vero Beach, FL. 32968 FP/ANNUAL REPORT August 7, 2001 Mr. Douglas M. Anderson County Administrator Saint Lucie County 2300 Virginia Ave. Ft. Pierce, FL. 34982 Dear Mr. Anderson: Please find attached a copy of the Annual Fire Control Report as required by Division of Forestry Policy. This report outlines Forestry's Fire Control Activities for the past year and is intended for the County Commissioners. To assure a complete understanding of the commitment between wildland fire response agencies in Saint Lucie County, attached you will find a copy of the County Operating Plan. The plan is a working document that outlines capabilities and responsibilities of the Saint Lucie County Fire District and the Division of Forestry. Would you please place the report on the Commission's consent agenda and notify my office of the date it will appear before the Commissioners. If you have any questions or need any additional information, please let me know. SINCERELY CHARLES H. BRONSON CO MISSIONER OF AGRICULTURE Jo pataro Forest Area Supervisor (561) 778-5085 pc: Bill Theobald, Deputy Chief, Field Operations Jim Rath, District Manager, Okeechobee œ Œ~~~:~irn cc... ADMIN. OFFICE '-' '-' ANNUAL FIRE CONTROL REPORT ST. LUCIE COUNTY As required by the Division of Forestry, an annual report is submitted each year to review the work undertaken by the Division during the past fiscal year. Currently St. Lucie County is assessed $3,462.60 for fire protection of 115,420 acres. The following is a break down of Forestry activities from July 1, 2000 to June 30, 2001. Burning Authorizations - During the past twelve months the Division issued 2,284 authorizations, for 14,836 acres. The authorizations were for land clearing, agricultural, and silvicultural type fires. The numbers of authorizations are for the entire county, including the cities of Pt. St. Lucie and Ft. Pierce. Please see "Attachment A" for a complete list of authorizations by Burn Type and Acres. The Division of Forestry does not charge for burning authorizations or smoke complaint investigations. Fires - There were 60 fires this past year and a decrease in the total acreage from 573.5 to 520.8 acres. Please see "Attachment B" for a complete list of fires by Cause and Acres. The Fire Department handled numerous fires where our assistance was not needed; these are not reflected in this report. Lightning caused fires were the leading cause of wildfires this past year. Law Enforcement - We issued 21 Notice of Violations in St. Lucie County to people for illegal burning, carelessly starting a fire, or allowing their fire to escape. Suppression bills were sent to the known violators. Suppression billing is used instead of criminal proceedings for most first time offenders. Fire Prevention - Numerous news articles relating to fire prevention and current fire situations were given to local newspapers. Several school programs were given to elementary schools throughout the county. Please see" Attachment C" for a complete list of all fire prevention activities for St. Lucie & Indian River Co. '-' .....,; Annual Fire Control Report St. Lucie County Page 2 R.C.F.P. Leases - The St. Lucie Fire District currently has leased from the Division, one 4x4 one-ton pickup, one y,¡-ton trailer, one %- ton trailer that is used for a fuel trailer, one 5 kilowatt generator, and two 60 kilowatt generator. The Division will attempt to upgrade any equipment this next year for the Fire District upon request. D.O.F. Staffing for St. Lucie County - The Division has one Forest Area Supervisor, one Senior Forest Ranger, and three Forest Rangers assigned to the County. The Okeechobee District has one Senior Forester (stationed in Ft. Pierce) and one Wildland Fire Mitigation Specialist on staff to assist with Forestry activities within our District's six counties. Please see" Attachment D" for a complete list of key personnel in the Okeechobee District. Other D.O.F. Assistance - The Division continues to work with the Indian River Lagoon Envirothon. This past year we participated in the Teacher's Workshop, the competition, and have members on the Technical and Steering Committees. The Division assisted D.E.P., a state agency with a prescribed burn. We assisted the City of Port St. Lucie by mowing several park parcels in the city that will act as defendable space between homes and heavy wooded tracts ofland. Goals for FY 01/02 - Our primary goal this year is to continue to identify those areas in the urban/wildland interface that need wildftre mitigation work. Several parcels of land in the County have been identifted for burning this next winter through the Hawkins Bill. The Division will start the mitigation process in September, either by using the Hawkins Bill for burning, or fuel management by mechanical means. The continuing cooperation between the Division of Forestry and the St. Lucie County Fire District helped reduce the potential for the loss oflife or additional property from wildftres this past year. In closing I would like to invite the county staff to call upon the Division of Forestry ifthey need assistance with any forestry related subjects. '-' '-' ST. LUCIE COUNTY BURNING AUTHORIZATIONS SUMMARY BURN TYPE AUTHORIZED FIRES AUTHORIZED ACRES AGRICUL TURE 1,946 14,771 SIL VICUL TURE 12 20 HZRD. REMOVAL 12 20 PRIOR TO SEED 1 0 SITE PREP 0 0 WILDLIFE 0 0 ECOLOGICAL 0 0 OTHER 0 0 LAND CLEARING 311 45 TOTAL 2.269 14.836 SUMMARY FOR THE OKEECHOBEE DISTRICT INDIAN RIVER, ST. LUCIE, MARTIN, OKEECHOBEE, HIGHLANDS, AND GLADES COUNTY BURN TYPE AUTHORIZED FIRES AUTHORIZED ACRES AGRICULTURE 7,249 68,673 SIL VICUL TURE 141 40,280 LAND CLEARING 1,294 237 TOTAL 8.718 109.290 ATTACHMENT A '-' '"""" ST. LUCIE COUNTY FIRES BY CAUSE SUMMARY CAUSE FIRES ACRES LIGHTNING 7 50.1 CAMPFIRES 0 0.0 SMOKING 1 1.0 DEBRIS BURNING 4 51.5 INCENDIARY 7 9.5 EQUIPMENT 5 39.1 RAILROAD 9 26.8 CHILDREN 7 16.9 UNKNOWN 15 271.3 MISCELLANEOUS 5 54.6 TOTAL 60 520.8 SUMMARY FOR THE OKEECHOBEE DISTRICT INDIAN RIVER, ST. LUCIE, MARTIN, OKEECHOBEE, HIGHLANDS, AND GLADES COUNTY CAUSE FIRES ACRES LIGHTNING 122 5,640.1 CAMPFIRES 4 23.1 SMOKING 9 23.6 DEBRIS BURNING 69 906.1 INCENDIARY 62 57,185.8 EQUIPMENT 55 1,596.8 RAILROAD 22 1,434.0 CHILDREN 27 575.2 UNKNOWN 98 28,417.6 MISCELLANEOUS 41 2,594.3 TOTAL 509 98.396.6 ATTACHMENT B '-' '-' FY -00/01 NEWSPAPER RADIO T.V. SCHOOLS CIVIC CLUB FmE DEPT. PLOWING PRESCRIBED ASSIST APPEARANCE HOURS BURNDOF WITH BURN JULY 1 0 0 0 0 0 0 0 0 AUGUST 3 0 0 0 0 0 0 0 0 SEPTEMBER 0 0 0 0 0 0 0 0 0 SUB-TOTAL 4 0 0 0 0 0 0 0 0 OcTOBER 0 0 0 0 1 0 0 0 0 NOVEMBER 2 0 0 0 0 0 1 1 0 DECEMBER 0 0 0 0 0 0 0 0 0 SUB-TOTAL 2 0 0 0 1 0 1 1 0 JANUARY 5 0 3 0 0 5 0 0 0 FEBRUARY 2 0 2 0 0 3 0 0 0 MARCH 4 3 2 0 0 4 0 0 0 SUB-TOTAL II 3 7 0 0 I2 0 0 0 APRIL 3 1 4 0 0 3 0 0 0 MAy 5 1 2 0 0 4 0 0 0 JUNE 1 0 0 0 1 2 0 0 0 SUB-TOTAL I 0 0 0 1 9 0 0 0 IX: 26 5 13 0 2 21 1 I 0 TOTAL FY-OO/Ol- FIRE PREVENTION STATISTICS: OKEECHOBEE DISTRICT /D-16 Please Check the appropriate line: X FAS-3, Indian River & St. Lucie Counties U Does not include Dale Armstrong's numbers FAS-4, Highlands & Glades Counties FAS-5, Okeechobee & Martin Counties ATTACHMENT C Jim B. Rath, Work Call Sign Dotti Roth, Work Call Sign Joe Spataro, Work Call Sign Tim Elder, Work Call Sign Ed Ward, Work Call Sign Sanne Arnfast, Work Call Sign Steve Swisher, Work Call Sign Larry Foster, Work Call Sign Joyce Teich, Work Call Sign '-' ...., OKEECHOBEE DISTRICT KEY PERSONNEL District Manager, Okeechobee, Indian River, S1. Lucie, Martin, Highlands, Glades County 863/462-5371, Suncom 761-5371, Cell 863 610-0790 Okeechobee I Administrative Assistant 863/462-5372, Suncom 761-5372 Okeechobee 6 Forest Area SupelVÍsor, Indian River and St. Lucie County 561/778-5085, Suncom 240-5085, Cell 863 610-0791 Okeechobee 3 Forest Area SUpeIVÍ.sor, Highlands and Glades County 863/655-6407, Suncom 742-6407, Cell 863 610-0792 Okeechobee 4 Forest Area SupelVÍsor, Martin and Okeechobee County 561/221-4045, Suncom 269-4045, Cell 863 610-0793 Okeechobee 5 Single Engine Airplane Pilot 863/462-5373, Suncom 761-5373 Okeechobee 25 Firefighter / Rotorcraft Pilot 863/462-5373, Suncom 761-5373 Okeechobee 20 Automotive Maintenance Equipment Superintendent 863/462-5374, Suncom 761-5374 Okeechobee 8 Duty Officer SupelVÍsor 863/462-5165, Suncom 761-5165 Okeechobee 2 Roxann Watson, Telecommunications Specialist m Work 863/462-5375, Suncom 761-5375 Call Sign Okeechobee 24 Dale Annstrong, Senior Forester Work 561/467-3004 Call Sign Okeechobee 17 Mike Sawyer, Work Call Sign Wildland Fire Mitigation Specialist 863/461-5377, Suncom 761-5377 Field Ops 28 ATTACHMENTD :'~ ~ . , I '-' -...I OPERATING PLAN BETWEEN FLORIDA DIVISION OF FORESTRY AND SAINT LUCIE COUNTY FIRE DISTRICT FISCAL YEAR 01-02 r '-' T ABLE OF CONTENTS"-' I I Purpose .............................................................................................. Page 1 Existing Agreement .......................................................................... ..Page 1 Mutual Aid Zones .............................................................................. Page 1 Burning Authorizations .......... ................... ................. ................... .....Page 2 Incident Reports ......................................................... ........................ Page 3 Fire Cause Investigation ........ ................ ...................... ................ ...... Page 3 Fire Prevention ..................... ............................................................. Page 3 Prescribed Burning .... ............ ..... ............... ........................................ Page 4 Training ....... .............................. ..... ........................... ..... ................... Page 4 Communications ........... .............................................................. ....... Page 4 Facilities .............. ..... ..... ............. ....................................... ................ Page 4 Personnel and Equipment ................................................................. ..Page 5 Operation ........................................................................................... Page 5 Finailcial Arrangement .................. .............. ..... ................................. .Page 5 Fire Readiness Level ................................................. ....................... Appendix A DOF Training ........................... ........ .............. ........... ..... ........... ....... Appendix B DOF Key Personnel .......................................................................... Appendix C Fire Key Personnel .................... ................... .................................... Appendix D Fire Training .. ............... ........ ............. ... .......... .... ..... ........ ........ ..... ... Appendix E Fire Equipment ................................ ..................... ............................ Appendix F DOF Equipment ............................................................................... Appendix G '-' """" PURPOSE The purpose of this plan is to outline operating procedures between the Division of Forestry and the St. Lucie County Fire District within the framework of the St. Lucie County Cooperative Agreement. The respective agencies have always responded to a mutual aid call, with written guidelines that more completely address the type and extent of cooperation between agencies, creating a more effective relationship for the citizens of St. Lucie County. This plan will be reviewed and updated annually. A copy should be provided to each dispatch center for personnel to review. EXISTING AGREEMENT State of Florida Cooperative Agreement between the Department of Agriculture and Consumer Services and St. Lucie County establishes 115,420 acres of protected forest and wildland in the county. Written agreement between DOF and SLCFD allows SLCFD to operate on frequencies 159.315 and 159.405 licensed by the Division of Forestry. SLCFD will follow procedures established by DOF for these frequencies. SLCFD currently has one 4x4 pickup, one fuel trailer, one trailer, one 5 KW generator, and two 60 KW generator on loan from the DOF. The DOF will work with SLCFD to upgrade and replace this or provide additional equipment as needed as requested. MUTUAL AID ZONES The DOF and SLCFD will respond to any mutual aid request in any part of St. Lucie County. The use of the 911 system makes SLCFD first call. The SLCFD will call for assistance when the forest fuels are such that water alone is not an effective means of putting the fire "dead out." When the DOF is at a Fire Readiness Level #3 or above, DOF will notify the St. Lucie County dispatch center. The DOF will also notify when Fire Danger is critical or when Extreme Fire Behavior is expected and when 100% mop-up is needed or when the DOF should '-' ."""" plow security lines around wildland fIres suppressed by SLCFD. (Fire Readiness Level Plan included in Appendix A.) Along local and county highways or other major high-speed roadways, the DOF and SLCFD will provide all mutual assistance necessary to do 100% mop-up where the highways are prone to fog, smoke-related accidents or fITes that require large volumes of water. The Division of Forestry cannot respond to hazardous material incidents. DOF personnel are not properly trained and the DOF lacks the proper safety equipment associated with hazardous materials. The Division of Forestry can respond to dump or landfill fIres to provide only logistical support. If a brush fIre starts as a result of a dump fITe, DOF will combat the brush fire a safe distance from the site. Lack of safety equipment and training for DOF personnel will not allow direct attack. BURNING AUTHORIZA nONS The Division of Forestry is responsible for the enforcement of Chapter 590, Florida Statutes. An Intergovernmental Agreement between the DOF and Department of Environmental Protection has delegated a portion ofDEP rules, Chapter 62-256 Open Burning and Frost Protection Fires, to DOF. DOF has adopted Chapter 51-2 Rural Open Burning. The Division of Forestry will issue burn authorizations for all land clearing, agriculture, and silviculture operations in St. Lucie County. DOF will handle complaints and enforce the open burning laws and rules related to this type burning. DOF will provide the SLCFD a daily listing of all such authorizations by Section, Township, and Range. SLCFD can terminate any burn it deems unsafe or hazardous to the citizens of St. Lucie County or if fIre weather or conditions warrant. DOF will be notifIed of any tennination of burning and for what reason. INCIDENT REPORTS Upon request, each agency will provide an incident report to the requesting agency. Until compatible telecommunications technology is mutually acquired by each agency, the incident reports will be mailed or dispatched, depending upon the urgency of the request. 2 '- -....I FIRE CAUSE INVESTIGATION On each fIre the DOF and SLCFD crews respond to, the initial operations attack crew will do a preliminary fIre cause investigation. In those cases where enough infonnation is obtained by that crew for possible criminal prosecution, the responding agency will notify an appropriate law enforcement agency such as the local sheriff, city police, DACS Investigator, or Fire Department Investigator. The law enforcement agency will determine whether the evidence is sufficient to proceed with an investigation or arrest. Ifthe wildland fIre damages structures or motor vehicles, SLCFD Fire Prevention Bureau will investigate and document the cause and origin of the fire. The DACS Investigator will be called to assist in the investigation. This information will be used by the SLCFD and also will be passed on to the DACS Investigator. The DOF will provide training for SLCFD personnel in the methods and techniques of wildland fire cause and origin investigation. The DACS Investigator will provide the SLCFD with the necessary information and fonns for recording the fire cause. FIRE PREVENTION Quarterly, the agencies will compare wildland fires that have been suppressed and look for commonality to include, but not be limited to: date, day of week, time reported, infonnation on person reporting fire, location by STR, cause of fire and first responding unit. This infonnation will allow the agencies to better detennine the type, cause and extent of wildland fires that occur in St. Lucie County. From this, a more detailed annual prevention action plan can be developed and implemented jointly. PRESCRIBED BURNING The DOF may conduct hazard reduction burns in those areas of the WildlandlUrban Interface where it is determined the best tactic to protect life and property. The DOF will supply manpower and equipment necessary to successfully conduct the burn. There may be a need for additional resources and the SLCFD will supply those resources if available the day of the burn. 3 '-' ....,¡ TRAINING Both DOF and SLCFD will jointly develop an annual training plan which is a part of this operating plan. (See Appendix B&E) COMMUNICATIONS Radio communications frequencies in the VHF range are available to SLCFD . Frequency 159.405 and 159.315 are DOF licensed along with the Red 154.260, WHITE 154.280, and BLUE 154.295, which are mutual aid frequencies. Currently SLCFD has seven radios on loan from the DOF. The SLCFD radio system communication ftequencies in the 800 MHz. range are available to the DOF. One hand held radio and one vehicle radio is provided to the DOF by SLCFD. The SLCFD dispatch center phone numbers are 561/462-2308. The DOF dispatch center phone numbers are 941/462-5160 and Suncom 761-5160. The DOF also has a facsimile machine available for use by the SLCFD or to send information to or from the SLCFD. The FAX number is 561/778-6313. SLCFD FAX number is 561/462-2307. FACILITIES Meetings for up to 40 people can be conducted and supported at the DOF office in Okeechobee. For most training sessions this facility is adequate but arrangements can be made with the SLCFD Trainiµg Division. PERSONNEL AND EQUIPMENT A current list of DOF and SLCFD personnel and equipment is a part of this operating plan. (See Appendix C&D) 4 ""'" ....." OPERA nONS By virtue of the 911 system, the SLCFD is the first call to many wildland fues. DOF will respond to any wildland fire or other incident where assistance may be needed. Both agencies will utilize the concepts of Unified Command when jointly working incidents. Reinforcement will make contact with initial attack units through the mobile channel. The Incident Commander will then assign a tactical channel and direct all crews to utilize that channel. The IC will continue to monitor mobile channel and agency dispatch. Type of incident will dictate who has command responsibility. Where structures are concerned, SLCFD will fill command responsibility and DOF will support. Where mostly wildland is concerned, a Battalion Chief from SLCFD will be in command. Upon arrival of a Forest Area Supervisor, Officer In Charge, or Senior Ranger, the DOF will assume command and the SLCFD will support. FINANCIAL ARRANGEMENTS Each agency will support its own financial commitment to an incident. ... TITLE, Fire Chief DATE tP -;;ZS-D! TITLE, District Manager DATE C;-..)~~0~ /' ). 't,;--<.-o"" TITLE, Forest Area Supervisor DATE 6 --I I./-t:-/ 5 '-' ....~ -...J FIRE READINESS LEVEL PLAN v ATTACHMENT FIRE READINESS LEVELS AS RELATED TO THE ANTICIP A TED FIRE SITUA nON In consideration of weather, season, recent fire activity and other related factors: FIRE READINESS LEVEL 1 FIRE !~EAD [NESS LEVEL 2 FIRE READ INESS LEVEL 3 II FIRE, READINESS LEVEL 4 FIRE READINESS LEVEL 5 ! 9, . fj Little or no fire activity anticipated. Some "routine" fires anticipated. No more thall 50% of resources expected to be needed at any given time. No difficulty in control or mop-up expected. Very active fire day anticipated. fire occurrence above average and difficulty of control expected. May have to commit 80% of resources at any given time. . fire situation expected to be difficulL May have fires carrying over from the previous day, new fires starting, and experiencing difficulty of control. All resources will probably be committed and assistance from outside the district may be required. fire situation is extreme and ability to respond will exceed district capability. Fires are numerous, large, and difficult to control and mop-up. Outside ~<;sistance will be needed beyond a 24-hoUI period, and in Incident Command Team may be required APPENDIX A ~ ...~ """" APPENDIX II FIRE READINESS LEVEL PLAN v POLICY The f[orlda Division of forestry is charged by law with the responsibility of protecting the State's forest resources from destruction by wildflre. It is the policy of the Division of Forestry that its fire suppression forces be at a level of readiness commensurate with the projected and existing fòrest fire conditions and that other -fire suppression forces in the State be kept apprised of the fire situation as warranted. ~ ¡ ~ PROCEDURE 1. The field unit manager is responsible for insuring that the personnel, equipment, and [acilitics undcr his supervision arc ready to meet the challenge o[the pr-ojecled/cxis(ing fïre situation and, therefore, is responsible [or the operation of (he fire Readiness Level Plan system in his unit. 2. The fïeld unit manager will assign the O[ficer-in-Charge (OlC) who will coordinate the fire Rcadiness Levc\ Plan_ The orc wil1 implement and monitor the rire Readiness Level PI¡¡n after hours, on weekends, etc. The name o[ the OIC will be posted in the Dispatch Center at all times_ I ~ 3. The rire Readiness Level Plan will be set by the OIC after input is received from ~he field unit manager, Area Supervisors, and after considering fire danger rating, weather forecast, equipment status, risk, and other pertinent [actors. The rire Readiness Level for tomorrow should be set today, immediately after receiving the afternoon weather forecast. This forecast should be available to you no later than 1600 each day. IMPORTANT: Fire Readiness Level Platts can alld should be updated at auy time if cOllditiollS so warrallt. Tlte Fire COlltrol Bureaulllay request tit at afield writ set a specific Fire Readifless Lel'el Plall. 4. Districts will advise rife Control daily with the Activity Reran of the Fire Readiness Level that has been set [or the next day_ .~ i< ~ ~ 5. Fir-e Readiness Level Plans will be based on the worst [¡re conditions expectcd in the distr-ict fOI each day. This will correlate with thc fire Danger Rating System in which (hc "worst (ile" is assumcd to occur at mid-afternoon when winds arc highest and the humidity 1~; ¡he loIVcs! (See Attachment to fire Readincss Level Plan) '-' ....., ....-:;- Fire Readiness Level Plan Page Two PROCEDURE - cont. Óy. rire Readiness Level r lans will be identified as Fire Readiness Level I, 2, 3, 4, or 5. Factors to be considered in setting Fire Readiness Level Plan; 1) Hazard - The influence of weather and fuel conditions on fire behavior. a. Fire Danger Rating - An indicator of the degree of hazard on a particular day. On mosl days the fire Readiness Level Plan will follow the projected fire. danger rating closely. b. DroughURainfall - lncluded in Fire Danger Rating but should be given specific consideration. c. Fire Weather Forecasts - Used in projected fire danger ratings and as an additional indicator of hazards pertaining to such specific problems as erratic flre behavior, atmospheric instability, frontal passage, safety, elc. d. Season oflile Year - Very important with regard to fuels, in that hazard is higher when fuels arc cured than during the summer monÚls. Partially rcOecled through herbaceous stage monitoring. I 2) Risk - The chance of a fire starting. Consideration should be given to recent and historic fire occurrence, igni tion probability, activities of people, lightning, etc. Risk wlll bc assessed by the Officer in Charge. Example - More fires generally occur on Saturday than on Monday. 3) Capabili[y - Fire Readiness Level Plans are based on the capability ofthe district's personnel and equipmcnt available; consequently, the Fire Readiness Level Plan must be increased when any appreciable loss of capability occurs. A reduction in capability occÚrs when units are not operational, personnel arc sick, exhausted or otherwise not available for fire duty. Capability will be assessed daily by the Ole. FIRE READINESS LEVEL 1 ~ ~ ;j i 1. Mandatory ^clìvltic~ a. Towcr~ _ O¡JtIUJ],¡[ [ower manning. Local decisions based on recent Ere occurrence and val ues-at-risk. . b. Rangers - Perform routine duties. c. ^rca SIIIJl'f'visur,; - Perronn routine duties d. Durn1111' ^lIll]{)ri/.,j[I()Iì~ - Rouline precautions '- ...., .. Fire Readiness Level Plan Page Three FmE READINESS LEVEL 1 - cont. e. Air Patrol - Oplional, local decision based on recent fire v occurrence and val ues-al-risk. r. On-Call - Maximum of one initial allaek unit per area unless fire situation requires more. 2. Permissible AClivities - Regular Dulies. FIRE READINÈSS LEVEL 2 1. Mandalory Activilies 3. Towers - Staff a! I key towers. The staffing of secondary towers is a local decision based 011 recent fire occurrerlce and values-at-risk. b. Rangers - Perform routine dUlies and be on fire call. c. Area Supervisors - Perform routine duties. d. Burning Authorizations - Advise caulion in high hazard areas. e. Air Palrol - Optional, local decision based on fire occurrence, burning aulhorizations, values-at-risk, and local fire danger ratings. í. On-Call - Maximum of onc inilial altack unit for area unless loca[ fire situation requIres more. ". ~.. f I i1 >: 2. Pcm1issible Activities - Rcgular Duties. FIRE READINESS LEVEL 3 1. Mandatory Activities a. Area Personnel 1) Towers _ Staff a[1 key lowers. Staff all secondary towers between 1200 and 1 GOO hours. 2) Rangers _ lk ready [or dispatch. Perform only lhose duties that wi!1 aUo\\' rapid fill' dispatch Unless fIre occurrence is low, maintain all scheduled crews on dUlY or on ca\1 on Sundays and holidays. '- ...".¡ ....~ Fire Readiness Level Plan Page Four F.IRE READINESS LEVEL 3 - cont. 3) Area Supervisors - While on duty perform only those duties that will allow 5 v minutes fire dispatch. Check cqui[Jmcnt in early a.m. Emphasize safety. 4) Durning Authorizatlons - Request landowners to delay burning authorization requests untll fire danger subsides. Restrict authorizatlons to those which the person responsible will offer assurance of adequate control. Conduct on-site inspection when circumstances and time will allow. 5) Air Patrol - Afternoon patrol of district unless the orc detennincs it is not required. 6) On-Call - Maximum of two initial attack units per area unless local fire situation requires more. b. District personnel - During morning hours, orc either in district office or close by and in immcdiate contact. During the afternoon, orc in district office unless fire occurrence is low or needed at the scene oftlle fire. When occurrence is low, handle afternoon duty as per morning duty. Weekends and holidays handled same as weekdays. c. Cooperators/RfD's - Weather, rire Readiness Level, and Fire Danger Rating from 1400 Eastern Standard Time data relayed to all concerned parties. ~ ~ I d. OIC should initiate appropriate contact with news media. e. fire Control Bureau Office - orc in fire Control Office or immediate contact at al! times. 2. Permissible Activities a. Leave granted only on a limited basis. District Manager/Center Manager must be consulted before extended leave is granted to personnel. b. Activitics of all fire control persOlmcl must not lessen fire dispatch capability. FIRE READINESS LEVEL 4 ~ ~ ~ I. t\1;.JIldalury I\clivi11CS 3 ^ ¡·ca Pcrsonncl ~ ,g.J I ~ r.~ ~ ,'11 ~ " "- ....,.¡ .- Fire Readiness Level Plan Page Five FIRE READINESS LEVEL 4 - cant. ..... 1) Towers - Staff a! I key towers and secondary towers. Staggered [uncll periods. Nighl check recommended. 2) Rangers - On rïre duty. No other activities; slay with equipment unless otherwise authorized by the OIC. Maintain all scheduled crews on duty or on call on Sundays and holidays. Only emergency leave granted. If fire occurrence is high, cancel days off. 3) Areå Supervisors - No duties other than thosc relatcd to fire suppression. Check equipment in a.m. Regular days off canceled. Conduct safety briefings. 4) Burning AUllJOri:l3tions - All open burning restricted to areas where positive co;llro! is guaranteed. On-site inspection by supervisor or investigator required prior to authorization. 5) Air Patrol - Morning check and af1ernoon patrol of district. ßegilU1ing and ending hours to be determined by Ole. District forester/Center Manager may exempt requirement i[local conditions warrant. 6) On-Call - A minimum of two initial atlack units per area, on call at least until 2100 hours, if required. b. District Personnel - OIC in district o[fi.cc during normal work hours and at night if fires continue uncontrolled. Be may leave the district office for visits to the scene of fire problems. All other district persormcl on alert for fire duty. c. District Shop Personnel - In communication and available [or dispatch as needed. d. Cooperators/RFD's' fire situation relayed to all concerned parties. Advise of needed assistance, etc. c. Advise news media of fire situation and dangcr. r. I r available, initially dispatch 2 units to fires in areas of high risk/loss potential 3nd consider such in areas of moderate risk/loss potential. High risk is defined as (o[lows: ""'" ....I - Fire Readiness Level Plan Page Six FIRE READINESS LEVEL 4 - cont. y. I) Lì fe and property 2) Young plantations 3) Well-stocked young natural pine stands 4) High value public use areas 5) Historic and unique areas 6) Large areas of other well-stocked stands g. Pre-position units as warranted. Notify adjoining districts ofpotenttal need for ass istance. h. fire Control Bureau Office - orc in rire Control Office tllfoughout the day and at night as needed or on immediate call. I) Notify Incident Command Team ofpossiblc need. 2) Notify Strike Teams of possible need. 3) Aleri helicopter pilots. 2. Permissible Activities a. Leave granted only on an emergency basis. b. Activities o[all Area, District, and District Shop personnel must not lessen fire dispatch capability. c. Activities of all Division of Foreslry persònncJ must not lessen Duty/Dispatch capability or length of response time. I FIRE READINESS LEVEL 5 1. Mandatory Activities a. Area persoIU1el 1) Towers - Staff all key and secondary towers. Provide relief personnel dlliing I unch breaks, if possible. Early morning and night checks required. Days off and non-emergency leave canceled. 2) Rangers - On fïre duty. No other activities; stay witi) equipment. ]) Area SUPC!VISorS - Stay in communication WiÙl crews and dispatch center. No Jutie:; o(her tl1al1 (l1ose related to fire suppression. Check equipment in a.m. Sll[ll:rvisc early ll1oll1il1g al1d night tower chccks. Insure adequate personne1 ()I] dllty [0 stall all firs! linc fire SUp[Jrcssion units. Conduct safety briefings. """ ...., ....-:- Fire Readiness Level Plan Page Seven FIRE READrNESS LEVEL 5 - cont. .. 4) Burning Authorizntiol1s - None allowcd without on-sitc inspcetiOI1 by supervisor or investigator and approval of District rorester or Cenler Manager. 5) Air Patrol - Patrol d ¡strict throughout the day with necessary stops for rest and fue!. 6) On-Call - A.minimum of two initial atlack units per area is required until midniglll. b. District Personnel - OlC remain in district of[¡ee as long as Fire Readiness Level 5 is in effect, and all fires are not mopped up. May assign Deputy orc for night shifl. orc may leave district office when needed at the scene of a fire problem. All other district persolulel on alert or on-call for fire duly. Communication between areas, district offíce, and Fire control Bureau Offíce be maintained on a continuing basis. c. Advise news mcdia of fíre situation and danger. Request maximum coverage. d. If available, immediately dispatch 3 or more units to areas of high risk!loss potential. Dispatch 2 or more units to areas of moderate riskfloss potential. Disp;¡{cf¡ 2 unils to fires in areas of low risklloss potential. c. ~ [ ~~ !~ .., g. District Shop Personnel - In communication and available for dispatch as necded. AI! district personnel not listed in a-e above, be available for fire duty as ncedcd. No work is to bc done that would in ¡:my way limit such duty or add to response tjmc_ Cooperators/RfD's - Fire situation be relayed to all concerned parties. Request maximum assistance be available. Advise that burning authorizations be restricted. h. Pre-position units as warranted. Notify adjoining districts of potential necds. 1. Firc Control Bureau Office - orc be in Fire Control Offïce 0600 to 2100 hours, longer iflleeded. On immediate cal124 hrs/day. .I Fire Control Bureau Staff - On fíre duty unless otherwise approved by Chicf of Fire Control. \.,... ....", -.- Fire Rcadiness Level Plan Page Eight FmE READINESS LEVEL 5 - cont. v k. Fire Overhead Team on stand-by [or possible dispatch to large and multiple fire situations. I. Alert helicopter pilots. Ill. Alert strike teams [or possible dispatch. n. State Forester, Regional Foresters and Fire Staff cohsider burning ban. 2. Pern1issible Activities a. Lcavc granted on an cmergency basis, only. b. Activities of all Division of Forestry personnel must not lessen fire duty/dispatch capability or length o[ response time. ~.. ~ '-' '-' DOF TRAINING AVAILABLE The Division of Forestry can provide a range of instruction to the St. Lucie County Fire District by the Okeechobee District and in combination with the statewide resources and national training programs available. Within the district our personnel can provide: 1-200, Basic Incident Command System 1-200, Module 2, Principles & Features oncs 1-200, Module 3, Organizational Overview 1-200, Module 4, Incident Facilities 1-200, Module 5, Incident Resources 1-200, Module 6, Common Responsibilities S-130, Firefighting Training S-190, Introduction to Wildland Fire Behavior S-205, Fire Operations in the Urban Interface . S-212, Wildfire Power saw Fire Shelter Deployment Wildland Fire Suppression Tactics Wildfire Cause and Origin Training (Modified) Florida Fire Behavior Emergency Tractor Operation Standards for Survival Training resources available statewide can include: S-290, Intennediate Wildland Fire Behavior S-390, Advanced Fire Behavior Basic Fire Control Training ICS Staff Assignment Training Basics in Prescribed Burning Training S-270, Basic Air Operations Helicopter External Load Training Helicopter TacticlUtilization Wildfire Cause and Origin Training APPENDIX B r I i '-' '-' OKEECHOBEE DISTRICT KEY PERSONNEL Jim B. Rath, District Manager Okeechobee, Indian River, S1. Lucie, Martin, HigWands, Glades Work 863/462-5371, Suncom 761-5371, Cell 863 610-0790 Call Sign Okeechobee 1 Dotti Roth, Administrative Assistant Work 863/462-5372, Suncom 761-5372 Call Sign Okeechobee 6 Joe Spataro, Forest Area Supervisor Indian River and S1. Lucie County Work 561/778-5085, Suncom 240-5085, Cell 863 610-0791 Call Sign Okeechobee 3 Tim Elder, Forest Area Supervisor HigWands and Glades County Work 863/655-6407, Sun com 742-6407, Cell 863 610-0792 Call Sign Okeechobee 4 Ed Ward, Forest Area Supervisor Martin and Okeechobee County Work 561/221-4045, Suncom 269-4045, Ce11863 610-0793 Call Sign Okeechobee 5 Sanne Arnfast, Single Engine Airplane Pilot Work 863/462-5373, Suncom 761-5373 Call Sign Okeechobee 25 Steve Swisher, Firefighter / Rotorcraft Pilot Work 863/462-5373, Suncom 761-5373 Call Sign Okeechobee 20 Larry Foster, Automotive Maintenance Equipment Superintendent Work 863/462-5374, Suncom 761-5374 CaU Sign Okeechobee 8 Joyce Teich, Duty Officer Supervisor Work 863/462-5165, Suncom 761-5165 Call Sign Okeechobee 2 Roxann Watson, Telecommunications Specialist III Work 863/462-5375, Suncom 761-5375 CaU Sign Okeechobee 24 APPENDIX C '-' Management personnel: Other: Jay Sizemore Fred Vaughn Ron Parrish Chris Bushman Carlos Duran Tom Whitley Ralph Morrison Jim Parent Nate Spera "-' ST. LUCIE COUNTY FIRE DISTRICT Interim Fire Chief Deputy Chief - Staff Services Deputy Chief - Administration Deputy Chief - Operations Battalion Chief - Operations Captain - Training Lieutenant - Training Lieutenant - Training Lieutenant - Administration Fire Prevention Bureau personnel: Buddy Emerson Jack Edmondson Derek Foxx Kelvin Hair Tony Liento Rick Hamner Captain Lieutenant Lieutenant Lieutenant Firefighter II, Plans Reviewer Firefighter II APPENDIX D 462-2300 462-2312 462-2300 462-2300 462-2311 462-2311 462-2311 462-2311 462-2311 462-2312 462-2312 462-2312 462-2312 462-2312 ~ """'" NOT AVAILABLE AT THIS TIME APPENDIX E , '. '-' '-' STA Unit # Year Make VIN # PC# 1 B-()1 2000 Brush Truck, Ford 1FDAF57F1YED93808 5285 1 B-()4 (Reserve) 1975 Tanker, Ford F61DVW00910 1560 1 E-14 1993 Pumper, KME 1KOAF4289PN058741 4278 1 Q-()1 1999 Quint. E..()ne 4PC1 CT02S1 XAOO0960 5151 1 R-()1 1997 Ambulance, Freightliner 1FV3EFBC6VH792591 5002 1 R·16 1992 Ambu lance, Ford 1FDKE30M1NHB38639 4291 Empty 1 R-20 1992 Ambulance, Ford 1 FDKE30M8NHB36840 4348 TurnKey 1 RE-1 1990 Pumper, KME 1K9AF4285~N058231 3439 2 E-()2 1997 Pumper, e..one 4ENFAAA81V1007739 4833 2 R-()2 1994 Ambulance, Ford 1FDKF37M1RNB57212 4561 3 B-()3 1983 Tanker, Ford 1FDNF80H4DVA04928 1187 3 E-()3 1991 Pumper, KME 1 K9AF4282MN058348 3888 3 R-()3 1997 Ambulance, Freightliner 1 FV3EFBC7VH792038 5003 4 E-()4 1995 Pumper, e-Qne Freightllner 1 FV8JLCB7SL812711 4851 4 F-()4 2000 Foam Truck, Ford 1 FDAF57F8YED93808 5287 4 R-()4 1997 Ambulance, E..()ne F350 1 FD KF3 7F2VEB46991 4887 4 TNK-()1 1984 Tanker/Pumper, Ford 1FDYU80U3EVA21817 2305 5 B-()5 1978 Tanker, Ford F80DVAJ0572 580 5 E-()5 1991 Pumper. KME 1K9AF4287NN058508 4119 5 R-()5 1994 Ambulance, Ford 1 FDKE37M4RNB52878 4598 5 R-16 1994 Ambulance, Ford 1FDKF37MXRNB57211 4580 Empty 8 E-()8 1985 Pumper, Pierce 1P9CA01D8FA040900 2859 8 F-()8 1999 Foam Truck, Pierce 1 FDAF57F1XEA83818 5148 6 R-()6 1999 Ambulance, International 1HTSLABM5YH699700 5289 6 TNK-()8 1999 Tanker/Pumper, Freightliner 1FV8JLCB8XHA82092 5150 7 B-()7 1984 Tanker, Ford 1FDNF80H1EVA25184 2089 7 E-!l7 1967 Pumper, Pierce 1P9CA01D8HA040168 3113 7 R-()7 1999 Ambulance, International 1HTSLABMXYH213091 5288 8 E-()8 1984 Pumper, Plerreville 1D91D41D6E1008388 2373 6 Q-!l8 2000 Quln~ Pierce Dash (R) 2000 Series 4P1CT02S0YAOOO825 5281 8 R-()8 1990 Ambulance, Ford 1FDKE30M3~HB85340 4012 9 Q-()9 1997 Quint, E.ono 4EN3AAA69T1006298 4831 9 R-()9 1994 Ambulance, Ford 1FDKF37M1RNB54794 4553 9 R-21 1989 Ambulance, Ford 1FKDE30MXKHB79389 1520 Turn Key 10 E-10 1999 Pumper, Pierce 4P1CT02U1XAOO1011 5152 10 F-10 1999 Foam Truck, Pierce 1FDAF57FXXEA83817 5147 10 R-10 1993 Ambulance, Ford 1 FDKE30M1 PHA35720 4298 10 TNK·10 1985 Tanker/Pumper, Rescue Systems 1FDYU80U7FVA69431 2885 11 B-11 1985 Tanker, Ford 1FDNF60H2FVA71785 2502 11 E-11 1988 Pumper, KME 1K9AF4289JN058164 . 3273 11 R·11 1994 Ambulance, Ford 1FDKF37M3RNB54795 4552 11 RE·2 1984 Pumper, Plerrevllle 1D91D41D5E1008387 2374 12 B-12 1985 Tanker, Ford 1FDNF80H4FVA71786 2504 12 Q-12 1997 Quint, E~ne 4ENGAAA8XV1007738 4830 12 R·12 1999 Ambulance, International 1HTSLABM3XH213089 5267 12 RE-3 1982 Pumper, Quality 1D31DXC1008050 183 13 6·13 1978 Tanker, Ford F60DVCC2485 1650 13 E·13 1987 Pumper, Pierce 1 P9CA01D8HA040401 507 13 R-13 1989 Ambulance, Ford 1FDKE30M7KHB29027 3363 14 B-14 2000 Brush Truck, Ford 1FDAF57FXYED93607 5288 14 Q-14 2000 Quint, Pierce Dash (R) 2000 Series 4P1CT02S3YAOO0719 5283 14 R-14 1999 Ambulance, International 1HTS~BM9XH213086 5266 14 R-17 1989 Ambulance, Ford 1FDKE30M6KHC26809 3573 TurnKey 14 T-93 1991 Haz-Mat, Chevrolet 1GBM7H1J8MJ104178 3947 14 TNK-14 1999 Tanker/Pumper, Frelghtliner 1FV8JLCB6XHA62091 5149 15 E-15 1997 Pumper, e-Qne 4ENFAAA8XV1007740 4832 15 R-15 1997 Ambulance, E-One F350 1FDKE37F4VEB46992 4686 15 R-19 1992 Ambulance, Ford 1FDKE30MONHA96473 4251 Empty 58 PIECES OF APPARATUS '-" .I UNIT PC# YEAR/MAKE/DESCRIPTION VIN C20 3362 1989 Ford LTD 2FABP7268KK169040 C22 4371 1992 Ford L TD 2FACP72WX233725 C25 RACE 3897 1991 Ford Aerostar 1 FTDA 15U8NZA69133 C26 CASSON 3898 1991 Ford Aerostar 1 FTDA 15UXMZA69134 C27 SPERA 4227 1992 Ford Bronco 1 FMEU15H9NLA67664 C28 WHITLEY 4262 1 992 Ford L TD 2FACP72W9NX220027 C29 FTO'S 4465 1994 Ford Bronco 1 FMEU15NIRLA41765 C30 PARENT 4466 1994 Ford Bronco 1 FMEU15NGRLA30311 C33 C34 MORRISON 3696 1990 Chevy Caprice 1G1BL5478LA135495 C35 LlENTO 4692 1996 Ford LTD 1 FALP73W7TX126191 C42 MAYR 4569 1995 Ford L TD 2FALP73W3SX147747 C43 SPARE 4570 1995 Ford L TD 2FALP73WXSX147754 C45 EMERSON 568 1995 Ford L TD 2FALP73WISX147746 BATTALION #1 4873 1998 GMC Surburban 3GKGK26ROWG510304 BATTALION #4 4872 1998 GMC Surburban 3GKGK26R3WG510149 BATTALION #3 5184 1999 GMC Surburban 1GKFK16R2XJ811484 BATTALION #2 5553 2001 Ford Excursion 1FMNU41L71EB66753 S1 SHOP 4893 1998 GMC Pickup Truck 1 GDGC24R9WX533975 C53 DURAN 4861 1998 Crown Victoria 2FALP74WXVX157758 M2 LENTZ 4863 1997 Ford Econoline Van 1 FTHE24L2VHC07521 C54 HAMNER 4860 1997 Ford Crown Victoria 2FÄLP73WOVX170004 C51 FOXX 4859 1997 Ford Crown Victoria 2FALP74W9VX174101 C52 EDMONDSON 4862 1997 Ford Crown Victoria 2FALP73W2VX167590 C55 VAUGHN 5554 2001 Ford Crown Victoria 2FAFP73W41X155903 C56 SIZEMORE 5555 2001 Ford Crown Victoria 2FAFP73W21X155902 C57 PARRISH 5556 2001 Ford Crown Victoria 2FAFP73W91X155900 C58 BUSHMAN 5557 2001 Ford Crown Victoria 2FAFP73W01X155901 V1 FiREBELLES 2521 1985 FordVan 1 PTFS524HI FHC05188 V2 PURCHASING 4598 1995 Ford Van 1FTHE24HISH8477464 V3 PURCHASING 4694 1996 Ford Winds tar 2FMDA5140TBB00210 2001 Ford Explorer 1FMZU72E72UA23960 2001 Ford F150 Pickup 1FTRX18W71NB28192 31 TOTAL VEHICLES Forestry 1986 Chevy 1 GCCD34J6GF378175 May 30, 2001 ID# CREW TYP~ MAKE YEAR ...,cATION NAME Fl ~-. ~ .1 tao·¡,' 1 4x4 BLAZER CHEVY 2000 OKEECHOBEE RATH 10606 3 3/4T 4x4 p/u GMC 1998 VERO SPATARO 11 746 4 3/4T 4x4 p/u DODGE 2000 SEBRING ELDER 10054 5 3/4T 4x4 p/u FORD 1996 STUART WARD 10011 9 3/4T 4X4 FORD 1996 OKEECHOBEE KINCHEN MECH, 9240 10 3/4T 4x2 FORD 1992 OKEECHOBEE CHADDERDON 9760 17 3/4T 4x4 p/u GMC 1995 FT, PIERCE ARMSTRONG 11 003 24 RAM CARGO DODGE 1999 OKEECHOBEE WATSON VAN 8908 25 4x2 BLAZER CHEVY 1991 OKEECHOBEE N139FC FOR 139 SINGLE ENG, AC PIPER 1982 OKEECHOBEE 1\ 8816 30 . TRANSPORT FORD 1990 FT, PIERCE HAGWOOD T093 31 TRACTOR JD550GB 1990 FT, PIERCE SMEYKAL p513 31H PLOW HESTER 2 1975 FT. PIERCE SMEYKAL 1\ DISCS 8813 34 TRANSPORT FORD 1990 BUFFER FUCCI I HARN PRESERVE T095 35 TRACTOR Jo550GB 1990 BUFFER FUCCII HARN PRESERVE p538 35H PLOW HESTER 2 1975 BUFFER FUCCI 1 HARN 1\ DISCS PRESERVE 8790 36 TRANSPORT INTERNATIONAL 1990 VERO HYATT T062 37 TRACTOR JD550GBW 1990 VERO HYATT p610 37M PLOW MATHIS 2 DISCS 1979 VERO HYATT 1\ 8496 42 TRANSPORT INTERNATIONAL 1989 SEBRING DURRENCE T201 43 TRACTOR JD550GWB 1984 SEBRING DURRENCE p609 43M PLOW MATHIS 2 DISCS 1979 SEBRING DURRENCE 1\ 8539 44 TRANSPORT INTERNATIONAL 1989 SEBRING TAYLOR T006 45 TRACTOR JD550GWB 1989 SEBRING TAYLOR p539 45H PLOW HESTER 2 DISCS 1978 SEBRING TAYLOR 1\ I 8386 46 TRANSPORT INTERNATIONAL 1988 PALM DALE LIGHTSEY -. ~O.. - CREW TYp\",t MAKE YEAR ~ATlON NAME F . . ')'" . _T2...~ 47 TRACTOR JD550GB 1995 PALMDALE LIGHTSEY p518 47M PLOW MATHIS 2 DISCS 1979 PALM DALE LIGHTSEY ì 8490 48 TRANSPORT INTERNATIONAL 1989 PALM DALE BOYETTE T060 49 TRACTOR JD550GB 1989 PALM DALE BOYETTE p861 49F PLOW FESCO 4 DISCS 1999 PALM DALE BOYETTE ì 9838 50 TRANSPORT FORD 1994 OKEECHOBEE YEATES T323 51 TRACTOR JD650GW 1999 OKEECHOBEE YEATES . p859 51F PLOW FESCO 4 DISCS 1999 OKEECHOBEE YEATES ì 6965 52 TRANSPORT FORD 1994 STUART GADSON T290 53 TRACTOR JD650GW 1994 STUART . GADSON p864 53F PLOW FESCO 4 DISCS 1999 STUART GADSON ì 8431 58 TRANSPORT INTERNATIONAL 1988 STUART NOVAKOWSKI T007 59 TRACTOR JD550GB 1988 STUART NOVAKOSKI p445. 59M PLOW MATHIS 2 DISCS 1972 STUART NOVAKOWSKI ì 9918 112 TANKER FORD 1995 SEBRING LEADINGHAM 10395 113 TANKER FORD 1997 FT. PIERCE POTTER 10528 114 TANKER GMC 1998 SEBRING GIBBS 9919 115 TANKER FORD 1995 STUART HOLLOWAY 8827 116 TANKER FORD 1990 OKEECHOBEE RAIN 10670 117 TANKER DODGE 1999 VERO HAWKS 10400 118 . TANKER FORD 1997 PALMDALE GOODWIN 9856 200 3/4T 4x4 p/u GMC 1995 OKEECHOBEE POOL 9548 202 DUMP TRUCK INTERNATIONAL 1980 OKEECHOBEE POOL 11580 203 12 PASS VAN DODGE 1999 OKEECHOBEE POOL 11050 204 850 GAL FORD 1990 OKEECHOBEE POOL TANKER 8870 205 1/2T 4x4 P/U CHEVY 1990 VERO POOL 8681 208 1 /2T 4x4 P/U CHEVY 1990 SEBRING POOL T925 213 TRACTOR JD450E SP41 B 1986 OKEECHOBEE POOL I T675 215 TRACTOR J0350CWB 1975 SEBRING POOL - ,-- IQ # i~ .CREW TYPE '-" MAKE YEAR L~TION NAME FUE ~3e,., \' 216 TRANSPORT INTERNATIONAL 1988 OKEECHOBEE POOL D r--- -"- r061 217 TRACTOR JD550GB 1989 OKEECHOBEE POOL D p685 217M PLOW MATHIS 2 DISC OKEECHOBEE POOL NIp. T947 219 TACTOR JD450 sp41 B 1988 FT PIERCE POOL D 10316 130 R-9 TANKER MACK 1984 SEBRING POOL D 5843 WRECKER CHEVY 1984 OKEECHOBEE POOL D 10517 CPII COMMAND UNITED 1998 OKEECHOBEE D-16 N/A POST 10442 300 ROAD TRACTOR GMC 1984 OKEECHOBEE POOL D 11639 800 ROAD TRACTOR . STERLING 2000 OKEECHOBEE POOL D p471 OH ·PLOW MATHIS 2 DISC FT. PIERCE POOL N/A T679 OH PLOW OKEECHOBEE POOL N/A p294 OH PLOW OKEECHOBEE POOL N/A p310 OH PLOW OKEECHOBEE POOL N/A AM391 OH PLOW OKEECHOBEE POOL N/A I- 471 OH PLOW OKEECHOBEE POOL N/A . 11794 Fo28 WAGONEER JEEP 2000 OKEECHOBEE SAWYER G OALE DA206 4x4 BLAZER CHEVY 2000 OKEECHOBEE HILL G 11755 r)ALE DA209 4x4 EXPLORER FORD 1999 SEBRING WURST G 098 '-" AGENDA REOUEST I~M NO. C- 3c DATE: August 28, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: Board of County Commissioners Meeting Changes for November and December, 2001 and January, 2002. BACKGROUND: Staff is requesting that the November 20/2001 meeting be changed from 7:00 pm to 9:00 am and that the November 27,2001, December 25,2001 and January 1, 2002 meetings be cancelled, due to the scheduled County holidays. FUNDS AVAILABLE: NjA PREVIOUS ACTION: RECOMMENDATION: Staff recommends that: (a) the November 20, 2001 meeting be changed from 7:00 pm to 9:00 am. (b) the November 27/2001/ December 25,2001 and January 1, 2002 meetings be cancelled. COMMISSION ACTION: [2d APPROVED [] DENIED [ ] OTHER: glas Anderson ounty Administrator Review and Approvals County Attorney; Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 '- AGENDA REQUEST ....,¡ ITEM NO. C-4-A DATE: 8/28/01 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING RUTH TOTTON SUBJECT: Request for Proposals to Enter into a Dock LeaSe for North Dock on South Causeway Island Permission to Re-advertise BACKGROUND: There was no response to our last RFP FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize staff to re-advertise the proposed Request for Proposals for lease ofthe North Dock on South Causeway Island. COMMISSION ACTION: ~] APPROVED [] DENIED [ ] OTHER: County Attomey:_x f).!ti r (j<S"\. Oñginating Dept: Finance: (Check for Copy only, if Applicable) Coordination/Siqnatures Mgt. & BUdget:x~~_ L-11í ~S) . / Other: Purchasing Mgr.:x ¿ç . Other: Eft. 1/97 G \COMMON\AG2~DA3\Ot~er\dock lease to 5d~ 3.~~d '-' AGENDA REQUEST ...."" ITEM NO. C-4-B ..... DATE: 8/28/01 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING Ruth Totton SUBJECT: Piggy-Back School Board of Hernando County's Bid BACKGROUND: See attached memorandum from the Timothy Coolican , Golf Course Manager FUNDS AVAIL.: 418-7250-564000-700 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to "piggy-back" Hernando County School Board's bid for John Deere front end loader from Everglades Farm Equipment Company in the amount of $27,429.12. COMMISSION ACTION: NCE: [x] APPROVED [] DENIED [ ] OTHER: u Anderson nty Administrator County Attorney:_X 'J~ t D ..1-" Originating Dept:(Parks & rec.)X Mgt. & Budgetx: Purchasing Mgr.:_X ¿r- , Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 G;\COMMON\AGENDAS\Other\Piggy-back Hernado co loader.wpd '-' ...",,¡I LEISURE SERVICES DEPARTMENT· FAIRWINDS GOLF COURSE MEMORANDUM TO: Ruth Totten, Interim Purchasing Director FROM: ,,~,imothY Cooliean, Golf Course Manag@/' VIA: ~stoPher Gamble, Golf Course Supt. DATE: August 15, 2001 RE: Fairwinds Golf Course Maintenance/Front End Loader Please find attached equipment proposal in the amount of $27,429.12, from Everglades Farm Equipment Company Inc. for a John Deere front end loader. The Board of County Commission approved the purchase of this equipment through the budget process of September 16, 2000. Fairwinds Golf Course Maintenance is requesting Board approval to purchase the referenced equipment for the purchase price stated, through the Hernando County School District Contract No. SBHC99-00-24. Please present this request to the Board of County Commission at their regular meeting of August 28, 2001. Thank you. Pn attachment cc: Peter Keogh, Parks & Recreation Director EQUIPME~IT PROPOSAL '-' EVERGLADES FARM EQUIPMENT CO., INC. ...,./150 Orange Avenue Fort Pierce. FL 34947 (561) 461-5568/ FL 800-233-9958 BUYER FAIRWINDS ADDRESS 4400 FAIRWINDS DR. CITY STATE FT PIERCE FL ZIP CONTACT CHRISTOPHER GAMBLE PHONE 561-462-1773 FAX 34946561-462-1981 DATE 8/1 % 1 FILE # QTY MAKE MODEL SERIAL NO DESCRIPTION PRICE EACH EXTENDED 1 JOHN DEERE 5320 55 PTO HORSEPOWER TRACTOR 38,09600 38,096.00 WITH 541 LOADER AND TURF TIRES 000 AND POWERREVERSER TRANMISSIOM 0.00 4WD 0.00 000 LESS STATE CONTRACT DISCOUNT -10,666.88 0.00 HERNANDO COUNTY SCHOOL DISTRICT 0.00 CONTRACT # SBHC99-00-24 0.00 000 0.00 0.00 0.00 SUBTOTAL 27,429.12 TRADE DESCRIPTION QTY MAKE MODEL SERIAL # TRADE AMT LIEN AMT NET TRADE 0.00 0.00 0.00 0.00 0.00 COMMENTS OR SPECIAL INSTRUCTIONS TRADE TOTAL 0.00 SUBTOTAL 27,429.12 0.00% TAX 0.00 SURTAX 0.00 THIS PROPOSAL MAY BE WITHDRAWN BY US DOWN PAYMENT IF NOT ACCEPTED WITHIN 10 DAYS BALANCE DUE 27,429.12 4f1¡þ~ ~ SALESMAN: MITCHEL BURNEY - ALL MATERIAL IS GUARANTEED AS SPECIFIED ALL WORK IS TO BE DONE IN A PROFESSIONAL MANNER ACCORDING TO STANDARD SPECIFICA TlO~ S AìIY ALTERATlml OR DEVIATION FROM THE ABOVE SPECIFICATIONS RESULTING IN EXTRA COSTS WILL BE EXECUTED O~ll Y UPOr-l WRITTEN ORDERS. AND WILL BECOME AN EXTRA CHARGE OVER AND ABOVE THE ESTIMATE. ALL AGREE- ME fiTS COrml'IGENT UPON STRIKES. ACCIDEIITS OR DELAYS BEymJD OUR COflTROl BUYER OR LESSEE SIGNATURE NEXTEL: 43323 OR CELL: 201-7741 nllll/k)'il/ljòr Ilœ oþþortllliÌ{r 10 qllole')'OIl Iltir e'qllipl/ll'llt.' PlfI[j(' m/ll/le' if I CllII be' ofJÙrtlœr (/J'JÙtrlllCC'. CD JOHN DEERE ent ðY: ~~HUUL ~UAriJ Ü~ rlERNANOO COUNTY; 352 797 7~5éj Awg-2-01 14:31; pag2 1 '-' ...",¡ FAX TRANSMlTr AL DATE: VI ;ÀI 0/ v5¿¿t,G ~"v TO: FROM: SCHOOL BOARD OF HERNAA'"DO COUNTY Pun:huiq Department PbyWs RexJ'Oad, PuRhasia¡ Assistant SUBJECT: 3d'11- db..e:A...{!._ Number of pages being transmitted (including cover page): -.L.l Please dinet auy qUestiODS or traD!I_ittal problems tu; Pbyllis Rexroad School DistributioD Ceater (352) 797-7060, E.xteasioa 406 (352) 797-7156 (fu) ð0, ~y: ~CHUüL 80ARD O~ HERNANDO COUNTY; 352 797 7156; Aug-2-01 14:31; Page 2 ~....I Ati~RDA nBlX,P. REQVE8r FOR PLACEML"tIT ON SCHOOL BOARD AGENDA ... Tit2eof~ Approwl of Bids For 2001-2002 Sclmol YaI!' D=s...~ of it.w; Pa- The ....-...- AøInda Sumn.ry UstiDa Commen1ll.: a. Pao¡...... ~4tlÛOI1I111d 0caJs: b. }"~_ofE....."'~ Co Critic.1lllœ. - ·wW wida iaID: d. lmplem- '.1. DB: CID'IeIdy UIXMr'way RcWioQ ("~: Odw If p1 ..-~ aarioipllDd time raquired: -0. mino""'(a). rru -~ DOl to cc.cc.f tallIIÎmItIIs S\,....ifMd on ~ 30. 2001 for Bœrd Meeâaa of Jane 19. 20CU D8re DIœ /LiDda S. McCmb. D;......... 797-7Q(jO C'~ . · "-- Pw..e NaIIIIer ~"..~ ¿ -_au.........,·. I~~ Z:t::: :; ~.nl6f- q-r- n. ......1IIfcInw1iee: EI'I1IEIl S6CI1ON A OR. BE I FUU. FOIl PLACEMENT CONSIDERATION. (For ~cns, WIC SoIICtion Is) A. I1I:m Cumatly As..). Itd - N/A-· Aœouot NIme: 0riøiIIai ~ Au...  CumIIt F.Y. .... c:urn. F."- J:! "'. YI!III: .J:1...J ~bd.~ = > 1\ 1 It - ~ AA::ccuK No. F-.i ~ 0IIjc c.. CcIII8' eu.r.F.Y_ AWIi.... ~. IS; -"V- p,,¡.:c No. .... B. l1em Cllft"I!dJy ~ !Þ1daød F IIIIIti1Ig Source _<\cC"- N.me ~No. Amouat FìmcI FuacticD Object eo. C<IaW PrGjø No. AeeRælED....BY DISTRICT SCHOOL BOARD OF HERNANDO COUNTY ON 6-'¡7~'ðl INITIAL M 5O-G~~ ,...11111 --- ............. <:::;:.. OJ. -o-....¡'u......L- ca.....,c-\¡,r11../ Ur' :""!::MI\I,"",jI. UU \"U~j'f i '; Û~L ¡~, / Î 00; AUg-¿-Ul 14:;;!1; r-age ;j :;;. ;¡ .., :2 'D ~ ~ ~ ~ ~ 2[ ... -:" ... ¡ ~ .0 :8 :g ~ '" ¡j ?""" 'i - .... "" ~ æ ~ ~ . '" ... . ~ :.. ~: . '-- - .... .:.. .:... ~ .., 'f> '... 'i" ..0 .... .... "'" ~ ~ :ic .... .... .." or '" I ¡. ~ ::a 2 :Î:I ;. ~ :1D i~ z :z z ::i!: ;.a € z z z z LI !' ~ ~ .., i ;:' ~ ~= § I a ì- ~ """'" ¡rr!! rJ -. ; ¡;¡: =: -1 .. .. ~ $. ã( ." -. i,JI . $tir I C"J "" ". "!Z.- ~¡; 1 [ .. Q ~ § I ~- -. .... -- =. ;. l ã CI ~ '"f'I 1;11 :18. I ã: II ~ ~ t' IIÞR § .. I ¡ri :> ~ ~ CI:I ~ ~J {J' ~ ~ Q: ~ .. 8ø. ~ 1 ~ ~ if i':" j"s:: .. a liP !~ II 3:: ='fn '" ~ š! ~ '" ~ ;0= ~ ~ ~ a: . z z z ; c- ~-~ !1C1:1 ~'ëS: - - - - - .;¡: ;$ ~ ~ -< 0< '$ -< :!- -< -< 1")" .. ... .. ;..2- .. .. :¡':::j' II" 1 .,., ¡ '"c ~::;;~ ...,~ ." ." i3! Î ""':::!! i'!'R 1 I. ~! 11:- ~!J. ""I!I æ¡S .; ~J § ~r. .. i'.¡ "" w <;t. f f ¡"fl. ¡'f i"f ¡-f q ~ ~ :E Ë'~ ir Ii if If i ¡¡; II -.' -'8 §" §- ~r " [ ~ .8 ! i ~ I(t fit. i! ;11 ~ if 5! < ¡¡:; ::: l n Iff :¡:rii~~ìnn l~ ~ .$" .. ~ ~ ~ iffì {if ~i ... i ! 1.;t·0I· ~ß i! ...::;; .., j æ. L I cA' ~S' ~: ; :S' ii: ~ il ~ J ~ J" -:¡:ii'~rl ~ ~ fi i' ¡¡¡if::' .. if ~::r. ." ~a Ii. I !!1 -.'" IL:: if :SiP ¡;¡., ~ 0 ~ Î Pc:::~ ",,, fi. r. !I [ fa~' ,1: a= Ii i (': I (IJ e.. I I ¡ 9 § i g 1'1:> .. it P ~ ñ I II ? EI' .. ~ !" f ~ J ¡¡ 0 Z II Sf! ã z i !: ~ ~ ~ § c ; = UI .a § ¡ i ~ "" ~ ~ ~ ~ § Š 13 .... 2 :=~ r~ ~l f~ i-~ i~ ~~ f~ f-~ Î! i.i 3", ir I'; !!!... !!. ~ .." !II!..- !!2 ;;;!-~ j-I ä:' Ii i· I Ii ji ,- f~ If ~ II. I .. II. ~IL .... ti 1:[ .¡ 0 0 ...~ ;.¡ i ·-1 ( ~ '!-. ,¡~ S' 5' II. 5- ~ ~ ¡: !' I ....0< r< 110< 000< 000< ¡¡; ¡¡ n a a a .. !I-II ¡;¡ ,:::::ljL ::J:f. ,:¡:.....'..·a...vL. CuAMi..J vt'" n~:",,:jI4MI'IUu ,-,vUI'Jlr; ~;:), I::JI '~~a; '-' ~.:>'~Dl$«mi øfH~ CQPIt!J. ~ 919"'flt1i qJroaá ,Strut 'lJrøt1(.Mtk.:rfor¡¡Jg, .J4ÓC l (JS2) 797-{070 Schcot Dlstrtbutlon c.ntar Purchaaing . ~. PrtIØ8fty. Printing 8050 /oAob1ey Road BI'ocicsviIle. FIOI1da 34&1 1 Phone (352) 797-70S0· Fax (352) 797-7160 $unoom 830·5011 AUg-¿-U1 1....:""'; I""3ge 4 ""fÖhn Ì)ee[& .5:tpc~ Jolin 'HI. .sfNláu~, u ~. c~. :lømu rMtl/.c11im. ""Ù:a~.S'f)JI Jt7M~ Sf1tøti.ø :JUTj Mf1j!J .sø.ruIN ~ t/{DDIN: W!lPu BID INVITATION NO. 99-00-24 GROUNDSKEEPING PRODUCTS & SUPPLIES CONTRACT PERIOD: JULY 1,2000 -JUNE 30, 2001 THIS BID CONTAINS PRODUCTS/SERVICES FOR: PART A: SOD CLAY FILL MULCH FERTII.lZER seED PESTICIDE CONCRETE PART B: PARTS, SUPPLIES, EQUIPMENT, MACHINERY FOR GROUNDS KEEPING PRODUCTS THE VENDOR MAY 810 ANY ONE ITEM. MORE THAN ONE ITEM, OR ALL OF THE BID. ATTACHED IS A SAMPLING OF ALL PARTS AND SUPPLIES IN OUR INVENTORY. THIS DOES NOT MEAN THE BIDDER IS RESPONSIBLE FOR ALL THESE ITEMS - IT IS JUST FOR INFORMATIONAL PUR.POSES. AND "'JI fu([y Mr;nØi~ se~( ~J_. søwt:lims ~ociøftÞ" øf c~ "Iuf sdW;¡ú UUUlt'iIm; tli.c wli.t,¡¡ fur ,~,,"'"8 rn. JíUf anÁ C01u tIm'¥J tnlf' þau'" An Equaf OPPOr1urúty Employer .._.._-~. ent ~y: S~HUU~ ~üARO OF HERNANDO COUNTY; 352 797 7~Eâ; Aug-2-0i 14:32; Pag!:! 5 '- '1M. $cMol~ t.if 91~ CO:111tJ~ !Ffori:la 91.9 !J.f.ortli 'ßruaá Stru~ l} trJ()ÇviJrc. 7Wrtú. 34601 (J5.2) 797·7D'1fJ """ SctIooI DIÙ'ltltltiDn Cenmr ~1t7g . WatWlolJ5ing . PI'ODØITY . Printing 8050 Mobley Road Brcotcavillø. FlarJda 34601 PhOne (352) 197-7060· Fax (352:) 797-7100 SIn:am «10-5011 $lllm1Ut::u!; Jclirr 'tv. Samkr$, U 'Xi, Cúbpn'SO. JtlI1JU ~átr. "Vie« CMJrpUSÞ1f JoÑJ ~ Nnt6Ø'$ Jerry t.(¡lÞy ..s~ ?(,fdiDtson ~rt~ BID INVITATION NO SBHC: 99-00-24 DATE: March 2000 Sealed bids, subject to the terms, conditions and specifications contained in this invitation will be received at the Purchasing Department, School Board of Hernando County, 80~O Mobley Road. Brooks"m., Florida 34601, until 10;00 A.M., April 7, 2000, fumishing the GROUNDSKEEPING. Bid must be submitted on the Bid Tender Form contained in this invitation. Submit bids in an envelope separate from any express mall or courjer envelopes used as those items will be opened and discarded. All 81DS SHAll BE SUBMITTED IN SEALED ENVELOPES CLEARLY MARKED AS FOLLOWS, AND IF NOT SO MARKED. THE SCHOOL BOARD RESERVES THE RIGI-ITTO REJECT THE BID. BID FOR: GROUNDSKEEPING TO BE OPENED: April 7, 2000 BID INVITATION NO. SBHC: 99-00-24 All bidders must comply with provisions of chapter 287.133(3 )(a) Florida Statutes at the time of submission of bid to be eligible for acceptance of a bid. All bids received shall be firm for sixty (60) days from date opened by the School Soard of Hemando County, unless sooner accepted or rejected by the Board. The School Board reserves the right to accept or reject any or all bids. John W. Sanders Superintendent "?I. fuu\' IICCnd(tr¡{ KIioo{ syn..... Soatlí.!m ~ af ~ aná Sdíœl3 U'1IQIticn: rfu wliú:úfør ~ttg t&: pm IIM~"8 curJut- An li.qu.l OpportJ,mity Employer CII!.. cy; ö~MUuL ~üAAO OF HERNANDO COUNTY; 352 797 7156j '-' r'lM: .sáiœlœDtZni af'¡~ CD~. !TkJriii4 919 ~urtfr !Br"a~{Strut . '1Jroo~, 7lortJla .34601 (.352) 797.7871J School C"trlbUtion C..., Purchning . H1!rrWlousma . Proptmy . Printing 8050 Mobley Aœc/ 8rooIcsvti1e. F1cridll 34601 F'hone (352) 797-7CeO. Fax (352) 797.1160 SUncom 830.5011 TO: ALL BIDDERS FROM: SUBJECT: John Tucker, Purchasing Director Aug-2-01 14:32; Page 8 '...I SllpCri""Uim:--¡ .Jolùr. 'ÿj/. Sa;ukrs, 'Eti. 'D. I C&Ì1"JM'ntlll :ltlmU MfJ/i:06n 'Viea ClÛl.ùpuso. ;Jolin 'Drru6'4=.f.. ~"'cn :JetT!I MilDy .s1Jlllin: ~idi.øf.r01J 1l,p6Þ't 'Wæm.r UTILIZATION OF BIDS BY OTHER GOVERNMENTAL AGENCIES In accordance with F.$. 6A-1.012. as amended, other city or county govemmental agencies; other schoof boards, community colleges or the state university System are permitted to purchase items at unit prices in contracts awarded by the School Board of Hernando County, Fforida upon your approval. The quantities listed herein are only <inticipated estimated usages from the School Board of Hernando County and do not reflect usage factors from other governmental agencies. Govern yourselves accordingly. The Purchasing Department of the School Board of Hernando County is at all times custodian of this bid. Please indicate in space provided. whether you will or will not allow other governmental agencies to purchase from this bid. ,/ I will allow other governmental entities to use this bid pricing. I will not aUow other governmental entities to use this bid pricing. ---r-- --;--.. C. \ ph" .....JAPer'~. .¢{TIPM~ ¡r$~7 Au" IZO~ Róor...-ë Sign...... Hð/ ~/QJ1lÍ. ~ss '. 1c' l NC 27(,Q1 City, StaiL, ánd Ziø Code eo,- -35'8 -S"O/O (Area Code) Telephone ~-L.-J ðð Date q ¡ if - 4··IJI - .2.+f55:"" (Area Code) Fax Number "'A fu:J::.f:'rllfítd r~~{"y-!Þ"" S<IWt1Í'r" ~JðCi<JHcm øfCt1~ aM $rliøvlš þ(ll'l: tlit wlíicíii,fØr ~ms ~ past ~,uf ~'\9 ov.r juftlrl An Equel OpPortunity Employer d'" " ~..I::-~.·I·'4,·'DO rnu·'·¡TY,· 352 797 7156,' bY: Ö~MuvL oûAHû ~~ ¡ì~..1 __ /' Aug - 2 - 01 14:33; paga 7 '-' 'WI DRUG FREE WORK PLACE CERTIFICATION (Ref.: Fla. Statutes 287.087) (Certification may be utiUzed In "tie" bid awards) I hereby certîfy that this firm has established a drug-free work place program by completed the following requirements: 1. Published a statement notifying employees that the unlawful manufacture. distribution, dispensing. possession, or use of a controlled $Ubstance is prohibited in the work place and specifying the actions that wilJ be taken against employees for viola tlons of such prohí bition . 2. Informed employees about the dangers of drug abuse in the work place. the business'S policy of maintaining a drug-free work place, any available drug counseling, rehabilitation, and employee assistance programs, and the penaltíes that may be imposed upon employees for drug abuse violations. 3. Given each employee engaged in providing the commodities or contractual services that are under bid a copy of tl'le statement specified in statement( 1). 4. In the statement specified in subsection (1), notified the employees that, as a condition of WOrking on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contrendere to, any violation of Chapter 893 or of any controlled substance law of the United States of any state, for a violation occurring in the work place no later than five (5) days after such conviction. 5. Imposed a sanction on, or required the satisfactory participation in a drug abuse assistance or rehabilitation program jf such ís avaHable in the employee's community, by any employee who is $0 convinced. 6. Make a good faith efrort to continue to maintain a drug-free work place through impJementation of this section. -:Jõ"h.-, :-~t'i"'e. Co""'F'Y (Company Name} ./ Aß an officer of the above-referenced company/corporation. I certify that this firm complies fully with the above requirements. GARY WA~ ~ .. t.-J. +f3/cro I ¡ (SlgnaturelTyped) (SignatureJWrittén) (Date) e~I ~y: ð~HUv~ ~uAHU Ur H~MNANDO COUNTY; 352 797 7~56; Aug-2-01 '¡.1 ..;.~. ;-........., Page 8/18 '-' ...., CONFIRMATION OF BID FORM BID INVITATION" NO. SBHC 99-00-24 GROUNDSKEEPINO The School Board of Hemando County Purchasing Department 8050 Mobley Road Brooksville. FL 34601 Dear Sir: I hereby certify that' have carefuJJy read all instructions pertaining to this bid and that my bid complies. without exception. to all instructions. Execution of the enclosed sworn statement on compliance with Florida Statutes 287.133(3)(a) must be fully executed to enttt!e the bidder's bid to be accepted or to transact business with the Board for goods or services. ~ -::bec:."t!.. C..èiT'lf'lk"'''i Company Name .' ChAd A~tr\~-t~ Authorized RepresMta~ 12hJ:?r2:- ~ ."~ ~~Repre~ive Sigl1ature f+ö/ plWld.. ~OAA.. Address ~tt.Lti.J....t 1Jc.. 2-1~oî City. Stafe. and Zip Code &r,- ;".::>11 -.'jÕ/O (Area Code) Telephone ~ f --1!:-; ðo Dãre ...,- · en! ðY: o~HUU~ ~üAHU OF H~~NANDü COUNTY; 352 797 7156; Aug-2-C1 14:33; Page 9/18 '-' 'VI BID INVITATION NO. SBHC: 99-00.24 GROUNDSKEEPING BID CONDITIONS - GENERAL BIDDeR: TO INSURE ACCEPTANCE OF THE BID, FOLLOW THESE INSTRUCTIONS. Sealed B¡d~i All bid sheets and this form must be executed and submitted in a sealed envelope. (DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE). The face of the envelope shall contain. in addition to the above address. the date and time of the bid opening and the bid number. Bids not submitted on attached bid form shall be rejected. All bids are subject to the conditions specified herein. Those, which dO not comply with these conditions. are subject to rejection. Execution of Bid: Bid shaH contain a signature of a representative in the space(s) provided. Bid must be typed or printed in ink. Bid OceninQi ShaH be public, on the date and at the time specified on the bid form. It is the bidder's ~ponsibility to assure that his bid is delivered at the proper time and to the proper place of the bid opening. Bids, which for any reason are not so delivered, will not be considered. Offers by telegraph. facsimile machine, or telephone are not acceptable. NOTE: Bid tabulations will be furnished upon request with an enclosed. self-addressed stamped envelope. Prices and Tenns: Firm prices shall be bid and include all packing, handling, shipping charges and delivery to the destination shown herein. DiscDunts: Bidders are invited to offer a maxìmum discount off the cataJog list price on classroom supplies and equipment. Bidders are to bid a flat percentage discount that will be applied to items in the vendor's current catalog. For the purpose of this bid, supplies and equipment shall be defined as follows: "SUPPLIES: Any catalog item whose unit price as listed in catalog is under $25.00 "EQUIPMENT: Any catalog item whose unit pries as listed in catalog is $25.00 or more. This includes all machinery, equIpment, cabinets, supplies, etc. required to complete the work requested. Vendors are welcome to bid a separate single fixed discount off these areas if necessary. Sceclal Conditions: Any condítions you wish to make as a part of your bid should be submitted in a letter on company stationary signed by the same company representative making the bid, and referred to by notations on the bid form. The letter must be attached to the bid form and enclosed in the sealed bid. - 1 - ~"L 0:1' oQ~n'w'uL CUl-\,~L.J U~ ::¡:,r.¡\lMI·...L;l.; \.J\..il,ji-'¡ ¡ .,; ~~¿ {~i / i ::c; Aug-;¿-Ul 14:~:J4; Page 10/18 ......... ~ Mist.kes: Bidd~rs ar7 expect~, to examine the specifIcations, delivery schedule, and all Instructions pertaining to SUPPlies and services. Failure to do so wíll be at the bidder's risk. Erasures or thE! use of typewrite correction fluid on bid forms is not acceptable and may result in the rejection of the bid. Prior to submission or opening, I:Irrcrs may be crossed out, corractions entered and initialed by the person signing the bid. No bids shall be altered or amended after the specifled time for opening. Delivery: Unless actual delivery is specified (or if specified delivery cannot be met), show number ot days required to make delivery after receipt of purchase order. Delivery time may become a basis for making an award (see BID SPECIFfCATIONS - SPECIAL). Delìvery shall be within the working hours of the School Board of Hernando County (SBHC) Monday though Friday 8:30 a.m. _ 3:30 p.m., excluding holidays unless otherwise specified. Manufacturer's Nam18s and Aaaroved Equivalents: Any manufacturer's names, trade names. information and/or catalog numbers listed in a specification are for information and not intended to limit competition. The bidder may offer any brand for which they are an authorized representative, which meets or exceeds the specifications for any itemes). Note: Sometimes substitutes are not acceptable. If bids are based on equivalent products. indicate on the bid form the manufacturers name and number. Bidder shall submit with the bid, cuts, sketches. and descriptive lîterature. and/or complete specifications. Reference to literature submitted with a previous bid will not satisfy this provision. The bidder shaIJ also explain in detail the reasons why the proposed equivalent will meet the specifications and not be considered an exception thereto. The SBHC reserves the right to determine acceptance of item(s) as an approved equivalent. Bids. Wl'IlCh do not comply with requirements, are subject to rejection. Bids lacking any written indication of intent to quote an alternate brand wj 1 be received and considered in complete compJiance with specifications as lísted On the bid form. Award: As the best interest of the SBHC may require, the right is reserved to make award(s) by individual item, group of items, all or none, or a combination thereof; to reject any and all bids or waive any minor irregularity or technicality in the bids received. Invoicing and Payment: Payment will be made by the SBHC after the items awarded to a vendor have been received, ¡nspacted, installed. and found to comply with award specifications, free of damage or defeat and properiy invoiced. All invoÎces must bear the purchase order number. Payment of partial shipments shall not be made unless specified. Faílure to follow these instructions may result in delay in processing invoices for payment. The purchase order number must appear on invoices. bills of lading, packages, cases. delivery lists and correspondence. -2- '"'' 0'/; "''-MUvl... tlUAHU U~ Hc:HNANL)ü CCU~JTY; 352 797 7158; Aug-2-01 14.:34; Page 1~ !18 "-" ....., The successful bidder will be required to submit invoices and reference purchase order numbers on all requests for payment. Invoices shall be mailed directly to the ordering schools/department listed on the purchase order. A separate invoice must be received for each purchase order number. Advertising: In sUbmitting a bid, bidder agrees not to use the results therefrom as a part of any commercial advertising. Equ,1 Emplovm.nt ODDortunitv: ''SBHC dQes not discriminate in admission or access to or treatment or employment in its programs and activities on the basis of race, color, religion, age, Sex, national origin. martial status. handicap or any other reason prohibited by law". EscalatiOIli Escalation provisions by the bidder are not acceptable unless specified. Quantitv Changel; SBHC re5erves the right to purchase any additional quantities of the bid item(s) from the Successful bidder at this price for a period of one (1) year from the date of the award of the bid provided the successful bidder is in agreement at the time of order. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONL yw. SBHC reserves the right to increase or decrease the total quantities necessary. Renew,-li. S8HC reserves the light to renew this contract or any portion thereof for up to two additional contract periods, upon mutual agreement in writing. Failure of PerformanceJDeliverv: If the successful bidder fails to perform as required per these specifications. or fails to deliver the ítem(s) specified in these specifications he shall recompense the School Board for any damages to the said board caused by his failure to perform as stated, ADDllcable Codes: The bidder warrants that the products and/or services supplied to the SBHC shall conform in all respects to all applicable codes including but not limited to OSHA, NFPA, SREF, NEC, ADA and the State requirements for Educational Facilities, as amended, and the failure to comply will be considered a breaCh of contract. Asbestos Statement: All material supplied to the SBHC under this bid mU5t be 100 percent asbestos free unless othen.vjse specified. Bidder. by virtue of bidding, certifies by signing bid that jf awarded any portion of this bid, will s~pply only material or equipment that is 100 percent asbestos free. No bid will be considered unless this is agreed by the vendor. -3- en ¡ 01; O",r1UU:'" OUA/"\U u~ Ht:I'iI~ANUU l:OUNTY; 352 19ï 7156; Aug-2-01 14:36; Page 12/18 '-" ~ Material Safety Data Sheet: The successful bidder{s) must submit a Matenal Safety Data Sheet (MSDS) with each Shipment of each chemical that you are awarded. For bid evaluation proposes, and MSDS may be required prior to a recommendation for award. Failure to submit a MateriaJ Safety Data Sheet within forty-eight (48) hours of such a request will make your bid unacceptable. This information must be provided in compliance with Florida's Rjght- To-Know Law. Public Entity Crime: "A person or affiliate who has been placed on the convicted vendor list following a conviction fer a public entity crime may not submit a bid on a contract to provide any goods or services to a pUbiic 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 01 the threshold amount provided in Section 287.017 for Category Two for a period of 36 months from the date of being placed On the convicted vendor list. Other GovlJrnmental Aaencles: It is the intent of this solicitation to obt:aìn bids to furnish the product(s)/services herein specified to the SBHC. Other school boards and govemmental agencies/entities may purchase from this solicitation if permitted by the contractor or supplier. Said Product(s) or services are to be furnished in accordance with the contract resulting from this solicitation. Postina of Bid Tabuletions: Bid tabulations will be posted for review by interested parties at the location where bids were opened and will remain posted for 72 hours. Failure to file a protest within the time prescribed in section 120.53(5), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statu1es. Withdrawina Bid: THE BID PROPOSAL as submitted by the bidder, shall remain in effect for a period of sixty (60) days from the bid opening. The bidder agrees not to withdraw from competition during this sixty (50) day period to provide ample time for evaluation and acceptance by the SBHC. Damaged rtems: In the event an item(s) is received and it is later determined there is concealed damage when the Item(s} is unpacked, the item(s} must be replaced by the vendor at no cost to the SBHC. Method of Orderina: Orders shall be processed only upon receipt of an authorized purchase order issued by the SBHC. -4- .--.----.. v''.. U:J' Q""r,UUL CUAMU WI- HI=HNA;'JUU ~UUNTY; ~b;¿ ¡S;/ 7~::.6; Aug-2-01 14:37; Page 13/18 '-' \wiI Default: If the bidder defaults after the Beard awards a bid and a bond or certified check was not required with the bid, the bidder shall pay the board as liquidated damages an amount equal to 5 percent of the unit prices times the quantity, or $25,00 whichever amount is larger_ A successful bidder who fails to pay said liquidated damages within fifteen (15) days after notification that liquidation damages are due shall lose eligibility to transact business with the SBHC for a period of one (1) year after the bjd award date. Thereafter, the bidder shall request to be pJaced on the bid list. If this OCCUrs, the SBHC may opt to rebid contract or take next best lowest bidder NOTE: ANY AND ALl. SPECIAL CONDITIONS A1TACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. The signJng of this bid form certifies that ¡ have read and agree to abide by the accompanying cover letter. general conditions. special instructions and specifications. NOTE: This sheet and the accompanying documents constitute a firm offer from the bidder; however, acceptance by the SBHC of any or all parts herein does not constitute a contract. Before commencing any work. the Superintendent or an authorized representative shall properly execute a purchase order (or con1ract), and it shall become the written agreement between the parties. All terms and conditions of this bid are included and become a part of the written agreement between the parties_ SIGNATURE: CHAD ARMSTRæ1"G (TYPEDr" ~~! l ;;(,. _ /.4,';£ ~ /- (~RIT N) SIGNATURE: TITLE: ADMINIS'rRATOR. DIRECT GOV''!'. SALES - 5- "'," "'y; ·:>uMUWL. ",vAMW uto r1t:HNAI~U() COUNTY; 352 797 7156; Aug-2-01 14:38; Page 15/18 ~ '-.I 1 . Prics Quoted a. Quote firm fixed discounts off manufacturer's list price. b. Copy of manufacturers price list must be encJosed with bid documents. c. List price changes will become effective the day the SBHC receives written notification of such changes. 2. Backorders THE SCHOOL BOARD RESERVES THE RIGHT TO GO TO THE NEXT LOWEST BIDDER IF THE ORIGINAL LOW BIDDER DOES NOT STOCK THE REQUIRED PARTS AND CANNOT FURNISH THE PARTS IN A TIMELY FASHION. 3. Award - Multiple Vendors 4. Alternates The School Board has standardized many of the parts (i.e. alarm panels, zone expanders and card sweeps) and therefore no altsmates on these items will be accepted an this bid. The School . Board will continue to purchase items from manufacturers that are not covered under this bid, but the intent of this contract is to cover most of our purchases. 5. Cancellation The Board reserves the right to cancel this contract with a written notice. This could occur for several reasons, including but not limited to overbilling, continuous non~filling or orclef'$, non- responsiveness to correct problems. 6. Delivery a. All prices shall be quoted as F.O.B. Destination. b. Products to be delivered no later than 15 working days after order is received. 7- ð~t oy: ~CHüGL BOARD O~ HERNANDO COUNïY; 352 797 7156; Aug-2-01 14:39; '-' BiD NO. SBHC 99-00.24 GROUNDSKiE::PING PRODUCTS & SUPPLIES BID PRICING SHEET ~ Thrown Unthrown Q.bð.ï; ~ MULCH: FERTILIZER' price. SEED' príce. PESTICIDE- price. CONCRETE: ....,; $ $ $ $ $ $ $ S per yard delivered. plllr yard undelivered. per yard delivered. par yard undelivered. per yard delivered. per yard undelivered. per Yard undelivered. per yard undelivered. % gff manufacturers list % off manufacturers lillt % off manufacturers Ii$t $ $ per yard detiVered. per hour truck charge. Page 16!18 em ':!>y: ¡:¡~H(j(jL dUAHU UI- HI::HNANUO ¡;OUNTYj ::!::¡;¿ r¡,;¡ ¡,:So; Aé;g-2-01 ....... BID NO. SBHC 99..00-24 GROUNDSK£EPING PRODUCTS & SUPPLIES "wtI 14:39; Page 17/18 Icon ~(e.., GROUNDSKEEPING PARTS. SUPPLIES. AND EQUIPMENT/MACHIN~RY BRANDS USED BY % OFFÞ % OFF· SCHOOL BOARD PARTS/SUPPLIES EQUIPMENTfMACHINERY JOHN OEERe 0 % OFF 28 % OFF ECHO % OFF %OFF FORD % OFF % OFF GRAVEL Y % OFF %OFF HONDA % OFF "foOFF JACOBSEN % OFF % OFF RHINO % OFF %OFF SNAPPER % OFF % OFF ST1HL % OFF . %OFF TaRO % OFF %OFF DIXIE CHOPPER % OFF %OFF * 'I. OFF MANUFACTURERS LIST PRICE JOIDI DEERE EXCBP'%:rOIl MODEL NUMmnU;; 790/990 COMPACT UT:IL.ITY TRACTOR PARTS 0% OFF EQU:IP. lOt OFF HAlIIllŒLD/LAWII WALK-wmnID PARTS .2.' OFF EQUIP. 1.Q' 01'1' 1600 WIDB-AIŒA MOWER PARTS 0% OFF EQUIP. 25% OFF O:;:::ltL 01- ..:u....nu~1.... Cv¡l-\,MU ur- nc:nJ'lMI'IIUU LrulJl'I¡r; ~~c: ("::J/ ¡J~Cj AUg-¿-U; 14:;;~; ¡-'age l! iH! '-' '-' WORLDWIDE COMMERCIAL & CONSUMER EQUIPMENT OIV1SION 440\ BLANO ROA[), P.O. BOJC 2"33, RALS!lGÞ!. NC~7~Ø'053a TEL 91Ø.450.0123 ~' 1_.....) ~. STAIEMENT OF COMPLIANCE RE: Bid Il\vitðtion No. 99-00-24 - Oroundskeeninl!: Produ~~ &: !\IJ"pll~. The School Board DfHemandq County Florida. 919 North Broad Simer BrooksvÏIlc Finn 14601. The Ilnder!ligned will address the following issues for the John Deere Company in cDmpliance with thc ahcwe-menrioned bid. lslil1e.s: bee eI" Child Anl1Slrong. Administrator, Direct Govemmemal Sales John Deere Company 4401 Bland Road Raleigh, NC 27609 Phone: 800-358-5010 Fax: 919-431-2485 E-ma.il: UPOI511@DEERE.COM 2) Delîverv DlaiJ$: tbat include number of vehicles and how maDV tlmé5 delivery can be nDCetcd. Ordering ofpruduct will be throu~b John Deere Company, 4401 BJilJUJ Road. Ralei~h. Nt.: 27609: Phone 800-358-5010; Fax 919-431-2485 \lia agency purchase order. Delivery wiJl be lhmugh local John Deere Dealcnship chosen by agency or nearesl 101m Deere Denh:r iflhe ageney dne,ç nOI specify a dcIiverin!! John Deere Dealer. A complete li!lting of all authorized Juhn Deere Dealers in !:he state of Florida will be included with tÌli~ bid. J) The individual th..t call 2~ conlllcted for reliable technical aide. includin2 their rC~lIIme IInd telephone number. Local John Deere Dealers will be lhc sourçe for reliable tet.illlj¡;uJ infurmaúon and repair parts SOUJ"Ce. A complete listing of all auth()ri~.cr.:l John Decre Dealers il tbt:: slille of Florida will be included with Ihis bill. 4) A leUer from the J}f'eJljdent of the eomDanv staUDe: their WiUiIU!ness tu comnlv with every asuect 01 this eoqtrll~f. The undersigned will sign tor the Jol1n Deer~mpany to be in compliance Wilh ILII a.,pects of the bid. and satisfy the require, f r . number '{'y/ ...,,' . ,I Signature: Tjtle~ " - ""'" AGENDA REQUEST >wi ITEM NO. C-4-C DATE: 8/28/01 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING RUTH TOTTON SUBJECT: AMENDMENT TO DAVE'S COMMUNICATION, INC. CONTRACT (beeper's) BACKGROUND: 534000 for all departments FUNDS AVAil.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the contract amendment with Dave's Communication. Inc. and authorize the chairman to sign the contract amendment. COMMISSION ACTION: [2l APPROVED [] DENIED [ ] OTHER: County Attorney:(x ) ~/ Coordination/Siqnatures Mgt. & BUdget(X)~ Purchasing Mgr.(x): ¡!J: - Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 G:\COMMON\AGENDAS\Other\lAGENDA,FRM <~Q j:J" ~ ð ~ -:f é9Ý. / Ô· c':; 7 FIRST AiVIENDMENT TO OCTOBER 5, 1999 CONTRACT BETWEEN ST. LUCIE COUNTY AND DAVE'S COMMUNICATION, INC. TillS FIRST AMEND:MENT made and entered into this _ day of ,200I, by and between ST. LUCIE COUNTY, a political subdivision of the State ofFlorida, hereinafter called the "County', and DAVE'S COMMUNICATION, INC. , a Florida corporation, or its successors, executors, administrators, and assigns hereinafter called the "Contractor": WIT N E SSE T H: WHEREAS, the parties entered into a Contract dated October 5, 1999 (Contract) whereby the Contractor agreed to provide pagers, pager service and maintenance services to the County; and WHEREAS, the parties desire to amend the Contract to establish a one year extension of the Contract at the same terms and conditions. NOW THEREFORE, in consideration of the promises contained herein, the parties agree as follows: 1. Paragraph 4 of the Contract is amended in its entirety as follows: 6. TERM. The term of this Contract shall be from October 1, 1999 through September 30, 2002. Upon prior written mutual agreement of both parties, th~ term of this Contract' may be extended through and including October 1, 2003, subject to the same terms and conditions as stated herein. 2. Except as amended herein, the remaining terms and conditions of the October 5, 1999 Contract shall remain in full force and effect. -1- '-'" ....., IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its or their names, or name. ATTEST: BOARD OF COUNTY COMl\ßSSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPU1YCLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNES'S: COUNTY ATTORNEY DAVE'S COMMUNICATION, INC. ATTEST: Œn r Cr ~ . ~. ~ -' . . .", I ,. .....'\£..1 < . "", l6" r....J SECRETARY Dc~~£~ BY: PRESIDENT (SEAL) :DAvi EvANS Print name g:lagreemntlamend981Ia-Dave'sj -2- ~~ì1\~ /-¡ /'; /"',. //-- f',,,--¡ {,"'f<'-¡-,'......_, --t,~ l _ J: - __ """"" "~Ù¡J) f/ L·. A - ~- . I J ./ ~,.; CONTRACT THIS CONTRACT, made this 6-U day of ()e.~) - , 1999, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County" , and DAVE'S COMMUNICATIONS, INC., or his, its or their successors, executors, administrators, and assigns hereinafter called the "Contractor": WIT N E SSE T H: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract to the satisfaction of the duly authorized representatives of St. Lucie County, v'no shall have at all times full opportunity to inspect the materials to be furnished an' t' d work to be done under this Contract. 2. DESCRIPTION OF WORK Contractor agrees to provide pagers, pager service a nd maintenance to the County in accordance with Composite Exhibit "A" attached hereto and made a part hereof. Any conflict between the terms and conditions of this Agreement and Composite Exhibit "A" shall be interpreted in favor of this Agreement. 3. PROJECT MANAGER ) 462-1700. The Project The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. 4. TERM g:lattylagreemntlDave's -1- '-" ....,¡ 5. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility of the work and shalf bear all losses resulting to him, or it, on account of the amount or character of the work, or because of the natu re of the ground in or on which the work is done is different from what was assumed or expected , . or because of bad weather, or because of errors or omissions in his or its bid on the Contrac t price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. 6. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and for all services satisfactorily completed in accord with the terms and conditions of this Contract at the rates set forth in Composite Exhibit U A" and on the basis of invoices submitted by the Contractor and approved by the St. Lucie County Purchasing Manager. 7. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years af ter expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audi t is completed and all questions arising therefrom are resolved, or three yea rs after completion of the project and issuance of the final certificate, whichever is sooner. 8. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. 9. INDEMNIFICATiON The Contractor covenants and agrees at all times to save, hold, and keep harmless th e County, its Officials, Employees, Agents, and Volunteers and indemnify the County, its Officials, Employees, Agents and Volunteers agains t any and all claims, demands, penalties, judgments, court costs, attorney's fees and liability of every kind and nature whatsoever arising out of the performance of this Contract to the extent of the insurance requirements g;lattylagreemnt\Dave's -2- """ ...., set forth herein. The Contractor hereby acknowledges that the payments made under this Contract include specific consideration for the indemnification provided herein. 10. INSURANCE A. WORKERS' COMPENSATION The Contractor shall procure and maintain, through the term of this Contract, Worker' s Compensation insurance in accordance with the I aws of the State of Florida and in amounts - sufficient to secure the benefits of the Florida Workmen's Compensation law for all employees of the Contractor and all subcontr actors. The Worker's Compensation insurance policy required by the Contract shall also include Employer's liability. B. GENERAL LIABILITY The 'Contractor shall maintain during the lifetime of this Contract, regular Comprehensive Generalliabi/ity Insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of bodily injuries and property damage during the policy period. If any part of the work is subject, similar insurance shall b e provided by or in behalf of the subcontractors to cover their operations. C. CERTIFICATE OF INSURANCE Certificates to all insurance required from the Contractor shall be filed with the County at least seven (7) calendar days prior to the commencement of work and shall be subject to the County's approval for adequacy. 11. DEFAULT: TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within the seven calendar day period, this Co.ntract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a defaul t under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply service and maintenance to the pagers. g;lattylagreemntIDave's -3- 'W' ..." (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. In the event of termination, the County may take possession of all materials, and finish the Work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date. If the expense incurred by the County to finish the Work exceeds th e unpaid balance on this Contract, the Contractor shall pay the difference to the County. The - expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. B. WITHOUT CAUSE Either party may terminate the Contract without cause a t any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Contractor for all authorized work performed through the termination date. 12. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (excep t where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 13. VERIFICATION OF EMPLOYMENT STATUS The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA R). The Count shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 14. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. 15. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this g:\attylagreemntIDave's -4- '-' ....., Contract or any proVISion hereof, or in any dispute arising in any manner from this Contract, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Contractor and its surety or sureties for such fees and costs is joint and several. 16. NOTICES All notices, requests, consents, and other communications required or permitted unde r this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Contractor: Dave's Communications, Inc. 2530 Okeechobee Road Fort Pierce, Florida 34947 (407) 464-9711 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 17. INDULGENCE NOT WAIVER The indulgence of either party with regard to any breach of failure to perform any provision of this Contract shall not be deemed to constitute a waiver of the provision or any portion of this Contract either at the time the breach or failure occurs or at any time throughout the term of this Contract. 18. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance g:\attylagreemntIDave' 5 -5- \w "wII of services required hereunder, as provided for in Section 112.311, Florida Statutes (1997) and as may be amended from time to time. The Contractor further represents that no perso n having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prosp ective business association, interest or circumstance, the . nature of Work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notif y the Contractor of its opinion by certified mail within thirty (30) days of receip t of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her 0 ption, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest ~ith respect to services provided to the County by the Contractor under the terms of this Contract. 19. DISPUTE RESOLUTION Any disputes relating to a question of fact arising under this Contract shall be resolve d through good faith efforts upon the part of the Contractor and the County or its representative. At all times, the Contractor shall carry 0 n the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County or its representatives who shall reduce the decision to writing. 20. MEDIA TJON In the event of a dispute between the parties in connection with this Contract other than a question of fact to be resolved as described above, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator çhosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 21. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to th e subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be 9 :lattylagreemntIDave' 5 -6- '-' ~ interpreted as a whole unit and section headings are for convenience only. All interpretation s shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: SECRETARY 9 :lattylagreemntIDave' s BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA r//j d V . BY: /<--;¿/¿/., ) /.{" ~//hr'('7 CHAIRMAN Ÿ . j " APPRO.V.E.9~..~T..~0fl!0. / AND {~~~~TNE1. S: ( .~l. c 1/l0., COUNTÝ A~'rEY , DAVE'~MM~TlONS. INC. BY: . J~J3~"'" PRESIDENT (SEAL) Print Name l)ÀuE Gv,:¡µS -7- iJninn ñ';Rr,..binn :.. Ö;:¡VA' Cömmíîñië-<ítfnñ,,,, 1;'"iti5:¡Fì_1 n_nf;ir'- RFÖ #R:f:r!'i19j: 2 Pace 1 CERTIFICATE ···OF· uINSURANCE ~AVECÒM: CERTIFICATE OF INSURANCE· DAVECO~' l'RODI1CIIR . ....." 5614640137 .-----. RIEDMAN Fï.PIERCE CSR NN 08/21/00 CSR NN 08/21/00 ------ ~~ . ~·~a ^- ~~DU1~nN nMT~ ~un ~~~CJ 859 P01 AUG 13 '01 -08:39 +.___.--___~____. __....þ___O..____._____.._____.,...._.___....____.____________...___._____._._____.___+_______._____________e_. . 1. :-~ _~_:.:. ~ -: -':-~..:-:- --~. ~--.~. :-~- ~-: .:.:- :+: .--~ -~. ~ -~-~-~- ~-~ -:.. ---....-- -- ..-. - --. _m .n_. .__.L~~:~.. ~~~:~~~: - -~~~:~~:~~~l PROOUI:ER I THIS I:ERT!Fli:ATE IS ISSIJE ) AS A HATTER OF III FORMATION ONLY AND COHfi!RS ~O R!GHTS I UPON THE CERTifICATE HOLDER. THIS C£RT::FIi:ATE oOES NOT AMEND, E;(TEfID OR ALTER 8ROWN & BROliN (I/SlJRANCE THE COVERAGE AfFORDED BY THE POLiCIES BEI.OW. 1400'. SOUTH 28T j S'lREET +- ___A - -- _00·.. - ..... --.... -- --... - -- -... - .'- -- - ---- .-. -- -- - .-- ---... - - - - -- - - -- --..--+ ¡ INSURERS AfFORUll/G COVERAGE I FORT PIERCE FL 3~947' +...--.-.---....---.-------....----------....-....-..-.--.---...---..------..----..-+ I INSURER A: Aaaural1Ce Company of Alllerica I +--_..._--_..._-..._-...._-....._--..--_.~._-._+---_.--.-_._-_.----_...--_...---.-.-_._-_.~-.-.__.~--.._-------~----_.._---..------+ INSURED INSURER 8: Auto Ow,,,..s Irnouram:e Compeny I Dave's Communication. tnc i~;~RÉR-~;·z~ï;~·i~;~;~~;-~~~~···-----··-----·------_·.--.-.-----------...----¡ Z530 OkeeenobEe Road +-....--.-....--....----..-.-.-....---.------...---.....---..----....-..------..--.-. ¡INSURER D: I Fort Pierce Fl 349S0 +--...---....-----...----...-----.---..-...---..-----...----.---------.----..----.--. . III/SURER E: I +_.__________..._____.___..___._______.________.._....-------.-.-.-..------.------------.-----------...-----·----7--------·--··----T COY£RAGES +..______....... ____._____.______._.___._._____w.____····____··_______------.-----...--.......--..-...--.---------.-...---....-----. THE POLICJI:S OF INSURANCE LISTED 8ELOII HAV! IEEN ISSUED TO THE INMEa NAMED "'IO\'E fOR THE POLICY PERlOO INDICATED. NOT\lITHSTAliDIIIG ANY REQUIREMENT, TERM OR CONDITtON OF ANY COIITRACT OR OTHER DOCUMENT IIITH RESPECT TO UNICH THIS CERTJFIi:ATI: I'IJlY BE ISSUED ~ MAY PERTAIN, THE I~SURANCE "HORDeD BY Tøe POLICI!S DESCRIBED HEREIN IS SutlJECT TO ALL THE TERHS, EX~LUSJONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY I~VE BeEN REDUCED BY PAID CLAIMS. +.___+...__.______".._.._~______....__.+----..~.___.______+...___...._____....___..___.__R..._..._________________.__~._____._______+ INSRI I IPOLICY EP~ECTlVEIPOlIcY EXPIRI'T1CM ! LTR TYPE OF INSURANCE POliCY NUMBER DATE (""'/DD/YY) DATE (MM/DO/YY) I LIMLTS .-.... -+- .. ........ ...." ..... ......... .. ...... .......... ...." ...... -....... ...... .. ... --.... ...- .. .. -+_............. .. --.......... -+. .... .......... .. - .... ........... +.. .......... --.... .."'" -.. --- "'.. .. ...... -.- -+-.. .... .. .... ---... GENERAL LIABILITY EACH OCCURREHI:E '1,000,000 A (X) CCMME~I:I\L GEI/ERAL LIABILITY pAS38239811 06/10/01 06/10/02 FIRE D~GE (Anyone fire) $1.000,000 (X1 [¡ C,IIl~S MADE DC] OCCUR MED ro {Any one per~on' 5 10,000 £ ] PERSONAL & fl/)Y INJURY 51,000,000 [ J GENeRAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODuCTS - COMP/OP AGG 52,000,000 [)POlI~ [¡PROJECT ! ]Lot +.~._+_.---_.~---_..--_...._---_.__...+----_.-~._-_..----+...-------------.-------..---..---+--..-----------_..._---_.-.-.__.-_.._~ AUTOMQ~ILE LIABILITY COM81NED SINGLE lIMIT B DCl AllY ~UTC ""477-574'00 06/10/01 06/10/02 (Each accident) $300,000 [ J ALL kWNfD AUTOS BODILY INJURY t ) SCHé[ ULED AUTOS (Per perSQf\) S [ I HIREt AlITOS BODILT IIIJURY r ] NON'(I\oIII[O AUTOS (per accident) $ [ ) PROPERTY DAMAGE r J (Per accident) $ .----+-------- .------.-----.------..--+--...----..-------+-----..---------+----------..-----+--------.----.-.----------.--------.-+ I I CARAG5 '.IAIUlIlY I j I IAUTO O»lY - EA ACCIOENT 1$ I [ ) ANY .'UTO OTHER THAN EA ACC $ [ ] AUTO ONLY: AGG S ...- - --+------.. - .... . .------. -- - --..'" -- ----+---.. -- ...-.---...- --...- .-. --- - .-.. - --- -+.---- ..... .-...-----+--. .......----....- ---- .--- ---............ ~ ,.,." --+ EXCESS .IAßllITY EACH OCCURRENCf S [ ] OCCU! £ J CLAIMS MADE ACGREGATE S S [ ] DEÐu:Tn~E s r ] RSTEHI:JH S S +.~.~+._.___.._..._.~~___.._.____.___..+__.__._.w.w_._._~.+~._.___._.._____+-........-_.--..-+--.-...~~--..-----.------.+----------+ WC1IKER'S COMPENSATlOll AIID· [¡CI WI: STATUTORY [ ) OTHER C EMPLOYER'S LIABILITY z(JJ,S926203 08/01/01 08/01/01: E.L. EACH ACCIDENT S100,OOO E.L. DIseASE-EA EMPLOYEE 5100,000 E.L. DISEASE-POLICY lIMIT $SOO,Ooo :::.~"":~.::..::.:..::.::::.:.:::.::::::::::.:::.:::::~::::..::':':...i::...:'::::.::'::::::':'::..':":..':::'.:'~:..':::':: DEsCRIPTION Of OPERATlCNS/LOCATIONS/VEHICLES/EXCLUSIONS ,ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 30 days not ce of csnce\l&t;on &ppl;cable to Workers compensation +._......__.. .__.._..._...........__..__.______.---............_.__...___~__..____.._._.....__._~_...___...~.___.~~______~~___..w____+ CERTIfIi:ATE HOLDER r ]ADDITIONAL INSURED; I~SUReD LETTER: CANCELLATION .---.~_.----_... .__.~..__..-_....-----...~~---_.--.....---~._...---_..-_._-...---~-_...._-_...--_._---~._-----~--~.--~----_.-~~~----. SHOULD AllY OF THE AB~IE DESCRIBED pOl1C1E. BE CANCELLED BEfORE THE EXPIRATION DATE T~¡REOF, THE ISSUING IHSURER IIIlL eNDEAVOR TO MAIL 10 DAYS ~IT~¡N NOY[CE TO THE CERTIFICATE ~OlOER NAKED TO THE lEFT, BUT FAIUJRE TO CO SO SHAll IMPOSE NO OBLIGATION OR LIABILITT OF ANT (INO UPON THE INSURER, ITS ACENTS OR REPRESENTATIVES. +-_._..._--..~._~._.~......_~--_..--_._.----~-_.~--~..P-----...-----. l;;;;;;"'~'''~ u um' u u.u u.m uuu . r~:~'":,,,,::'''' ~ ~,.Zt) u 1#'''0 I St Lucie CoJnt1 purçhasing Dept. Att: Dlno OIRostaing 23DO v;riginl ~ve Fort Pi trCE Fl 34982 'w' """" DAVE'S COMMUNICATIONS, INC. 2530 OKEECHOBEE ROAD· FORT PIERCE, FL 34947 . PHONE: (561) 464-9711 S1. Lucie COUIÌty Board of Commissioners 2300 Virginia Ave. Room 228 / Purchasing Fort Pierce, Fl. 34982 7/31/01 Dino DeRostaing, Daves Connnunications wishes to excercise a 1 year renewal of Contract #99-10-067. Tenns and Conditions will remain unchanged. This Contract covers Paging Service from 10/01/01 thru 9/30/02. cc.ff. - ....... AGENDA REQUEST ....., ITEM NO. C-4-D )' DATE: 8/28/01 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING PRESENTED BY: RUTH TOTTON SUBJECT: Request permission to advertise a bid for Ft. Pierce Inlet Boat Ramp Facility. (Little Jim Bridge Boat Ramp) BACKGROUND: For the construction of a boat ramp at Little Jim Bridge Boat Ramp FUNDS AVAIL.: 1001138-7240-563000-7954 will be available PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the request for permission to advertise for bid Ft. Pierce Inlet Boat Ramp Facility. COMMISSION ACTION: [21 APPROVED [] DENIED [ ] OTHER: Anderson County Administrator County Attomey:_(x) Originating Dept: Finance: (Check for Copy only, if Applicable) ~~ Coordination/Siqnatures Mgt. & BUdget:_(x~ Purchasing Mgr.(X): t1~ EI, . . Other: Other. Eff. 1/97 G:\COM~ON\AGE~LAS\Other\per aàv :t ~ierçe boat r~mp.,~d '-" ~ C-4D Ft Pierce Inlet Boat Ramp Facility - Construction Specifications St. Lucie County SECTION 01010 - SUMMARY OF WORK PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 WORK COVERED BY CONTRACT DOCUMENTS A. The Project consists of !he.' .èonstruction of a marina facility including W' (~ boat slips, floating docks, and associated parking, dr¡¡inage, and landscaping. Lf 1. Project Location: State Road A-l-A (North Beach Causeway), St. Lucie County, Florida. 2. Owner: St. Lucie County. B. Contract Documents, dated April 27, 2001, were prepared for the Project by Corzo, Castella, Carballo, Thompson, Salman, P.A. (C3TS), 3996 Northwest 9th Avenue, Fort Lauderdale, Florida 33309. C. The Work will be constructed under a single prime contract. 1.3 FUTURE WORK A. Future Contract: The Owner will award a separate contract for additional work to be performed at the site following Substantial Completion. Completion of that work depends on successful completion of preparatory work under this Contract. The Contract for future work includes the following: 1. Contract: A separate contract will be awarded to construct the proposed restroom building at the facility including utility connections, and ancillary site and flatwork. i' 1.4 WORK SEQUENCE I. I; A. The Work will be conducted in three (3) phases in accordance with the plans. 1. 2. Phase 1 - Construction of the dry detention area and drainage system. Phase 2 - Construction of the access turn lane, access road, parking, underground utilities, boat ramps, and floating docks. Excludes dredging. Phase 3 - Final Dredging. , J í . , ! : 3. ,I ! i i: I 1.5 CONTRACTOR USE OF PREMISES A. General: During the construction period the Contractor shall have full use of the premises for construction operations, including use of the site. The Contractor's use of the premises is limited only by the Owner's right to perform work or to retain other contractors on portions of the Project. ; i I: I i SUMMARY OF WORK 01010 - 1 '-' AGENDA REQUEST .....,¡ ITEM NO. Q-5 DATE: August 28, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: (rt~d~1~~~~ County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Rouse Road MSBU - Paving and Drainage Improvements Interlocal Agreement with FPUA for the Relocation of Electric Services BACKGROUND: FUNDS AVAIL.: See attached memorandum Funds will be made available in 389-4115-563018-4501 Rouse Road MSBU Capital PREVIOUS ACTION: December, 19, 2000 - Board levied the preliminary assessment roll and authorized the County Engineer to proceed with construction. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Interlocal Agreement with Fort Pierce Utilities Authority for the relocation of the electric service, and authorize the Chairman to sign the Agreement. COMMISSION ACTION: NCE: o as Anderson C unty Administrator [X] APPROVED [ ] DENIED [ ] OTHER: [,]C,,,". ^,,''''''y ~ ['["".W'''@' [x ]Flnance . CoordlnallonlSlQnalures [x ]Mgt. & Budget ~ otIl- [x ]Co. Eng~. [ ]Purchasing []Other e.a\'\ r.OMMISSION REVIEW: August 28, 2001 Iw 'wi ENGINEERING MEMORANDUM NO. 01-222 TO: FROM: DATE: SUBJECT: Board of County Commissioners Donald B. West, County Engineer;f~' August 16, 2001 Rouse Road MSBU - Interlocal Agreement with FPUA - Electrical Relocation BACKGROUND Attached to this agenda is a copy of the Interlocal Agreement which establishes each parties responsibilities toward the relocation of the FPUA's electrical service located adjacent to the Rouse Road right-of-way. The relocation is necessary to physically fit the proposed reconstruction of Rouse Road. Under this Agreement, FPUA shall design and relocate the electrical service to within the County's right- of-way. Since the present location of the service lies within private easements, it is the County's financial obligation to reimburse FPUA an amount of $22,000.00 for the relocation. Any future relocation shall be at the sole expense of Fort Pierce Utilities Authority. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Interlocal Agreement with Fort Pierce Utilities Authority for the relocation of the electric service, and authorize the Chairman to sign the Agreement. BP cc: MSBU Coordinator Michael Powley, P.E., Capital Projects Engineer Barbara Meinhardt, B&R Coordinator '-' ...".¡ INTERLOCAL AGREEMENT FOR UTILITY RELOCATION ROUSE ROAD MSBU THIS AGREEMENT made and entered into this 7t-h day of Auqust 2001, by and between St. Lucie County, a political subdivision of the State of Florida (the "County"), and the Fort Pierce Utilities Authority, an authority created and established by the City conunission of the City of Fort Pierce, Florida, ("FPUA"). WHEREAS, FPUA is the governing body authorized to enter into agreements relating to providing electric service from the City; and, WHEREAS, the County has created the Rouse Road municipal services benefit unit (the "Rouse Road MSBU") to fund the cost of reconstructing Rouse Road in unincorporated St. Lucie County. A description of the boundaries of the real property wi thin the proposed MSBU is attached hereto and made a part hereof as Exhibit IIAII ¡and, WHEREAS, the parties believe that it is in their mutual best interest to cooperate in the relocation of the electric service as described on the plans prepared by LBFH, Inc., dated September 1, 1998. NOW, THEREFORE, FPUA and the County hereby agree and covenant on the terms and conditions hereinafter stated: 1. GENERAL. This Agreement is Section 163.01, Florida Statutes, Cooperation Act. This Agreement embodies the parties. There are no promises, entered into pursuant to the Florida Interlocal the whole understanding of terms, conditions, or -1- '-' ....,; obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, ei ther verbal or wri t ten, between the parties hereto. 2 . FPUA RESPONSIBILITIES. this Agreement are as follows: FPUA's responsibilities under A. FPUA shall design and relocate or cause to be designed and relocated, the electric service adjacent to the Rouse Road rights-of-way, including all poles, services, electric lines and appurtenances thereto (the "System") to relocate said System to within the County's road rights-of-way, as necessary for the reconstruction of Rouse Road. The design and relocation of the System shall be done in accordance with all applicable, standard FPUA policies and procedures. The County reserves the right to review and approve the utilities relocation plans. B. If easements are required, FPUA shall attempt to obtain all necessary easements for installation and maintenance of the System. FPUA shall not be required, however, to condemn any such easements or expend funds for acquisition of same. If appropriate easements satisfactory to FPUA are not obtained, FPUA shall have no further obligation under this Agreement. C. FPUA shall administer a project to relocate the System to include but not limited to awarding the contract for design, construction, inspection during construction, shop drawing approvals, change order approvals, project certification, and production of record drawings. D. Upon completion of the System and acceptance of ownership of the System by FPUA, FPUA shall be responsible for the operation and maintenance of the System. E. FPUA shall provide an itemized invoice in the amount of twenty-two thousand dollars ($22,000.00) (the "Final Estimated Cost") for the relocation of the electric service located within private easements. Any electric service located within the County's road rights-of-way will be relocated at the sole cost of FPUA. The Final Estimated Cost shall include only those costs necessary for the relocation of the System within private easements and shall be subject to the approval of the County. Any unexpected costs incurred during the construction and installation of the System beyond the Final Estimated Cost shall be the responsibility of FPUA. -2- '-' '-" 3. COUNTY RESPONSIBILITIES. A. The Board of County Cormnissioners of St. Lucie County, Florida shall act as the governing body of the Rouse Road MSBU and shall levy a non-ad valorem special assessment (the "Assessment") on the landowners within the limits of the MSBU to fund the cost of the installation of the System as required for the reconstruction of Rouse Road. B. The County shall pay to FPUA an amount not to exceed the Final Estimated Cost for the relocation of the System. All other applicable fees and charges for reconnection to the FPUA electric service system will be the responsibility of the landowners. Payment by the County to FPUA shall be within 30 days upon receipt of an invoice representing the Final Estimated Cost and after the approval of the costs by the St. Lucie County Director of Engineering or his designee. C. Upon the request of FPUA, the County's Property Acquisition Division shall provide staff assistance to FPUA for the acquisition of easements necessary for the installation and maintenance of the System. 4. TERMINATION. Unless terminated by the mutual written agreement of all parties, this agreement shall remain in full force and effect until all of its terms and conditions have been met. 5. NOTICE. All notices or other cormnunications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Public Works Director 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to FPUA: With a copy to: Director of Utilities Fort pierce Utilities Authority P.O. Box 3191 Fort Pierce, Florida 34948 FPUA Attorney P. O. Box 3191 Fort Pierce, Florida 34948 -3- '-' ......; 6. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or wri tten agreement between the parties with respect hereto. This Agreement may only be amended by a written document, properly authorized, executed and delivered by the parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. 7. FILING. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: m~ tV~~.. Deborah 1: DeKatto ! \. CommiIIiOll foe '6Sm ; . ,i! EIp.IreI Oct. 14, 2IICM ~~?J¥ BalM!. 'nft ~,;;.~~ MIuMc IIIMIIIt 0.... 1& :ORT P;jR E UTI ~~~ Cha1 n BY,c:kL~ Title: Secretary ~~¡i~ APPROVED AS TO FORM AND CORRECTNESS: (J/' Â--- ~ Fort pierce Utilities Authority Attorney -4- ..,' . . '-' ....,.; ./ '- .J /' -{ ~ ....~L V ....... .. . .; 'Z ^ ll-'! '- ¡..:' 0 0 ... _ 0 v> 0 ...00 ::> ,;...:¡;. 0 ~ ~ 0 dJ C( 0 C¡,¿ ~ ".. 2r¡- .., .¿{o .J '- .J~¡- a: :,) () Z .,. '" ::::'..~Q"'" -5- \..v..... , '\. " / "" AGENDA REQUEST ~ ITEM NO.~ DA TE: August 28, 2001 REGULAR [ ] PUBliC HEARING [ ] CONSENT [x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITIED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case No. 5278 BACKGROUND: See attached memorandum FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board authorize the Chairman to sign the attached Partial Release of Lien. COMMISSION ACTION: as M. Anderson Co nty Administrator [x] APPROVED [] DENIED [ ] OTHER: [X] County Attorn.y: y Review and Approvals [ ]Manag.m.nt & Budget: [ ]Purchasing: [ ] Information T och.: [ 1 Public Works D".ctor [ ] Solid Waste Mgr []Financ.:(ch.ck for copy only. if applicabl.) [ 1 Public Safoty Director Effoctivo 5/96 ,i '"" '-' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith C.A. NO: 01-2014 DATE: August 14,2001 SUBJECT: Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien dated in Case No. 5278 BACKGROUND: On December 6, 2000, the St. Lucie County Code Enforcement Board found the property at 110337"" Street, Fort Pierce, Florida, to be in violation. On January 3, 2001, the St. Lucie County Code Enforcement Board issued an Order imposing a fine in Case No. 5278. A mortgage foreclosure suit and the Notice of Lis Pendens were recorded on March 22, 2000. The Final Judgment was entered on February 22, 2001. The Code Enforcement Lien was not recorded until February 5, 2001 in Official Record Book 1361, Page 193. Based on the above sequence of events and pursuant to section 48.23, Florida Statutes (2000), the above referenced Code Enforcement Board lien is not a lien on the property at 1103 37"" Street, Fort Pierce, Florida. Section 48.23, Florida Statutes in pertinent part states: "". the filing for record of such notice of lis pendens shall constitute a bar to the enforcement against the property described in said notice of lis pendens of all interests and liens".and if such proceedings are prosecuted to a judicial sale of the property described in said notice of lis pendens, the property shall be forever discharged from all such unrecorded interests and liens..." Patrick J. Halpin, of Echevarria & Associates, requests a Partial Release of Lien (attached). The Partial Release of Lien will not release the lien from any other property owned by the violator. RECOMMENDATION/CONCLUSION: Staff recommends that the BOCC authorize the chairman to sign the attached Partial Release of Lien. Respectfully submitted /V7' " Katherine Mackenzie-Smith Assistant County Attorney KMS/cb '-" ....., PARTIAL RELEASE St. Lucie County, holder of the instrument described below, in consideration of $10 and other valuable consideration received, does hereby release the following described real property from the following instrument. Subject Instrument: St. Lucie County Code Enforcement Board Order Imposing FinefLien dated January 3, 2001 and recorded in Official Record Book 1361, Page 193, of the Public Records of St. Lucie County, Florida. Real Property ReIeased: LOTS 13 AND 14, BLOCK 33 OF PLAT NO.2 OF SUNLAND GARDENS ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9 AT PAGE 54 ofthe Public records ofSt. Lucie County, Florida. THIS PARTIAL RELEASE DOES NOT CONSTITUTE A SATISFACTION OR A RELEASE OF ANY PROPERTY OTHER THAN THE PROPERTY DESCRIBED ABOVE. Done this day of ,2001. ATTEST: ST. LUCIE COUNTY, FLORIDA CODE ENFORCEMENT BOARD BY: CODE ENFORCEMENT BOARD SECRETARY CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: CODE ENFORCEMENT BOARD ATTORNEY I HEREBY CERTIFY that this document is a true and correct copy of the Code Enforcement Board Partial Release of Lien. CODE ENFORCEMENT BOARD SECRETARY '-' ...., I HEREBY CERTIFY that a true and correct copy of the above and foregoing Partial Release of Lien has been furnished to: Patrick 1. Halpin Echevarria & Associates, P.A. 9119 Corporate Lake Drive, Suite 300 Tampa, Florida 33634 CODE ENFORCEMENT BOARD SECRETARY '-' ....,; ECHEVARRIA & ASSOCIATES, P.A. ATTORNEYS AT LAW 9119 CORPORATE LAKE DRIVE, SUITE 300 TAMPA, FLORIDA 33634 NICHOLE ALVAREZ-SOWLES WENDY H. BECK MARK A. BRODERICK ERIN COLLINS CULLARO MICHAELJ. ECHEVARRIA PATRICK J. HALPIN CHRISTINE L HERENDEEN STEPHEN D. HURM DANIEL F. MARTINEZ, II PEGGY A. McNEW SCOTT D. STAMATAKIS SHAMILA SHARMA RONALD R. WOLFE Telephone (813) 251-4766 Telefax (813) 251-1541 Please reply to: Post Office Box 25018 Tampa, FL 33622-5018 August 8, 2001 Via Facsimile and U.S. Mail 561-462-1440 Katherine Mackenzie-Smith, Esq. St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 Re: Our File No.: R01006476 Property Address: 1103 N. 3ih Street, Ft. Pierce, FL 34947 Code Enforcement Case No.: 5278 Dear Ms. Mackenzie-Smith: As per our conversation, this is to formally request a release of the above-referenced code lien. As I mentioned, the property has been foreclosed, with that action concluding on or about April 4, 2001. The undersigned firm has now been retained to facilitate the resale of the property. The property is presently under contract and is scheduled to close within the next ten (10) days. The code lien in question was recorded subsequent to the foreclosure Lis Pendens and thus is barred by same. Pursuant to standard underwriting guidelines, the code lien still needs to be released of record. The lien is also unenforceable (against the foreclosing lender) because the underlying violations occurred ~ to the lender coming into title. t.. (\ J~'t Ch0\\ ~~'~ , ì' LS ¡ -, L. . '-ln~~- Please be so kind as to process the release. Kindly fax me a copy of the executed release before it is sent for recording. That will be sufficient for us to proceed to close. ._ ~. ~ ~ ~ This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all in~' ~. - obtained during the prosecution of this lawsuit may be used for the purpose of collecting a debt,' ;: !': ,~ I ;. '.'.··,k·. Kd;',(~r¡!~;~ 'vl;~·-.:k':'f¡:~i>·.'\!-'il~h X"Ä..()1"·l~è' , .... ~, "--.. ·-..··OR \ .." i I'. '-' ...., Thank you in advance for all of your assistance. Copies of all relevant documents have been included for your ease of reference. Very truly yours, PIH/rma Enclosures This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting a debt. i;~\(\k) 1<:,dh.:~·:;'1'; l\}.t!^:'<!::I-:'!t' ·\r,;i;h ;(,;: 'ì i,i, ~ AGENDA REOUEST ITE~O. C-6.B DATE: August 28, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Ordinance No. 01-04 (Environmental Landscape Management Program) - Pennission to advertise for public hearing. BACKGROUND: See attached memorandum CA 01-2038 FUNDS AVAILABLE: N/A RECOMMENDATION: Staff requests pennission to advertise proposed Ordinance No. 01-04 for a public hearing on September 18, 2000 at 7 :00 p.m. COMMISSION ACTION: [xl APPROVED [] DENIED [ ] OTHER: County Attorney: /j) . Review and Approvals Management & Budget: Purchasing: Originating Depl. Other: Other: Finance: (Check for Copy only, if applicable): _ > ~ ...,; INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 01-2038 DATE: August 22, 2001 SUBJECT: Ordinance No. 01-04 (Environmental Land Management Program) - Permission to Advertise for Public Hearing BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 01-04 which would amend Chapter I -7 .6, "Environmental Protection" of the Code of Ordinances to create Article III, "Environmental Landscape Management ("ELM") Program. Pursuant to the ELM Program, the County would establish training requirements for the land clearing, irrigation, and landscape maintenance industries based upon horticulturally and environmentally sound practices. The training program will be developed by the County Cooperative Extension Service. If adopted, the ordinance would take effect October 1, 2001. A person holding an occupational licenses in one of these industries as of October 1,2001 would be required to complete four (4) continuing education credits ("CEUs") prior to renewal of his occupational license for 2002-2003. Any person obtaining his initial occupational license after October 1, 2001 would be required to complete eight (8) hours CEUs prior to the initial renewal of his license. Thereafter, the license holder would be required to complete four (4) CEUs each year. Fees for the program will be established by resolution of the Board. Staff has met with representatives of the affected industries on several occasions to solicit their input in the development of the ordinance. RECOMMENDA nON/CONCLUSION: Staff requests permission to advertise proposed Ordinance No. 01-04 for a public hearing at 7:00 p.m. on September 18, 2001. -1- Attachment HY/ Copies to: '-" Cooperative Extension Agent Deputy Clerk 'wII -2- '-" ..., ORDINANCE NO. 01-04 AN ORDINANCE AMENDING CHAPTER 1-7.6 "ENVIRONMENT AL PROTECTION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, TO CREATE ARTICLE III, "ENVIRONMENTAL LANDSCAPE MANAGEMENT ("ELM") PROGRAM", TO ESTABLISH TRAINING REQUIREMENTS FOR THE IRRIGATION, LAND CLEARING AND LANDSCAPE MANAGEMENT INDUSTRIES IN HORTICULTURALLY AND ENVIRONMENTALLY SOUND LANDSCAPE PRACTICES; CREATING SECTION 1-7.6-45 ("SHORT TITLE") TO PROVIDE FOR THIS ORDINANCE TO BE KNOWN AS THE "ELM PROGRAM ORDINANCE"; CREATING SECTION 1- 7.6-46 ("PURPOSE"); CREATING SECTION 1-7.6-47 ("DEFINITIONS"); CREATING SECTION 1-7.6-48 ("ELM TRAINING PROGRAM") ESTABLISHING TRAINING PROGRAM CURRICULUM; CREATING SECTION 1-7.6-49 ("ELM TRAINING PROGRAM FEES") PROVIDING FOR FEES TO BE ESTABLISHED BY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS; CREATING SECTION 1-7.6-50 ("ELM TRAINING REQUIRED") ESTABLISHING TRAINING REQUIREMENTS FOR IRRIGATION, LAND CLEARING AND LANDSCAPE MANAGEMENT INDUSTRIES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners, St. Lucie County, Florida, has made the following determinations: 1. The University of Florida has developed horticulturally-sound guidelines for environmentally sound site preparation and landscape management for Florida communities, StltlGk tluotlgh words are deleted. Underlined words are added. 1 '-" ""'" collectively referred to as "Environmental Landscape Management", hereinafter referred to as "ELM". 2. The use of inappropriate land clearing techniques may lead to the loss of St. Lucie County natural resources. 3. The use of inappropriate landscape management and irrigation practices may lead to the waste of water and energy resources as well as the misuse of fertilizers and pesticides which in turn becomes a source of non-point source pollution oflocal waterways. 4. The implementation of the ELM Program training requirements for members of the irrigation, land clearing and landscape management industries will lead to more appropriate management of the County's renewable and non-renewable natural resources through environmentally sound practices. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners ofSt. Lucie County, Florida: PART A. CREATION OF CHAPTER 1-7.6, ARTICLE III, "ENVIRONMENTAL LANDSCAPE MANAGEMENT PROGRAM" OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Chapter 1-7.6, Article III, "Environmental Landscape Management Program", ofthe St. Lucie County Code of Ordinances and Compiled Laws is hereby created to read as follows: ARTICLE III. ENVIRONMENTAL LANDSCAPE MANAGEMENT PROGRAM Section 1-7.6-45. Short titIe. This ordinance may be referred to as the "ELM Program Ordinance". Section 1-7.6-46. Purpose. The purpose of this ordinance is to establish training requirements for members of the irrigation. land clearing and landscape management industries in order to ensure the implementation of horticulturallv and environmentallv sound management guidelines and preserve the County's natural resources. StlU"k tlllOtlgh words are deleted. Underlined words are added. 2 '-" -...; Section 1-7.6-47. Definitions. For the purpose of this Article. the following words or terms are defined as follows: Board means the St. Lucie County Board of County Commissioners. Continuinf! Education Unit (CEU) means a unit of training equal to one hour of instruction. CooTJerative Extension means St. Lucie County Cooperative Extension. Environmental LandscaTJe Manaf!ement or "ELM" means the horticulturally sound guidelines for environmentally sound landscape management established by the University of Florida. Irrigation means the outside watering of plants. shrubs. lawns. grass. ground cover. trees. and other such flora which are planted and are situated in such diverse locations including but not limited to homes. non-commercial household gardens. industrial buildings. commercial buildings. public buildings. parks. recreational areas. cemeteries. public rights-of-ways. and medians. Irrigation Services means those businesses which instalL maintain. and/or repair systems which provide irrigation as defined herein. Land Clearing means the uprooting or clearing of vegetation in connection with construction for buildings and rights-of-way. residential or industrial development. mineral operation or the clearing of vegetation to enhance property value and aesthetics. The removal and destruction of shade trees due to storm or insect damage is included under this definition. Land Clearinf! Services means those businesses which provide land clearing services as defined herein. Landscave Management Services means those businesses identified under Standard Industrial Classification Manual (1987) Code Nos. 0781. 0782 and 0783. excluding individuals providing such services on an occasional or sporadic basis. Person means any individuaL partnership. firm. organization. corporation. association or any other legal entity. whether singular or pluraL masculine or feminine. as the context may require. Occuvationallicense means a St. Lucie County occupational license. StltKk tluotlgh words are deleted. Underlined words are added. 3 '- ...." Tax Collector means the S1. Lucie County Tax Collector. Section 1-7.6-48. Creating ELM Training Prol!ram. On or before October 1. 2001. Cooperative Extension shall develop an "ELM Training Program" based upon the ELM guidelines established by the University of Florida. Cooperative Extension shall update and revise the ELM Training Program as may be necessary to incorporate revised ELM guidelines issued by the University of Florida. W topics: The ELM Training Program for the land clearing industry shall include the following ill Site Evaluation A. Existing plant inventory B. Endangered and threatened species C. Utility locations ill Plant Identification A. Native plant identification B. Exotic/ornamental plant identification C. Invasive plant identification ill Site Preparation A. Protective barrier placement B. Location of site access C. Structural parameters ill Such other topics as the Cooperative Extension Agent or his designee may deem appropriate .Qù The ELM Training Program for the irrigation and landscape management industries shall include the following topics: ill Irrigation efficiency ill Encouragement of wildlife habitats within the landscape ill Plant selection and placement ill Management of storm water runoff ShtKk tll10dgh words are deleted. Underlined words are added. 4 "'"" ..."" ill Landscape fertilization practices ® Waterfront property management techniques ill Safety procedures for equipment operation and pesticide use 00 Such other topics as the Cooperative Extension Agent or his designee may deem appropriate. (d The ELM Training Program for the landscape management industry shall include the following topics: ill ill ill (±l ill ® ill 00 (2l (lQ} (ill Section 1-7.6-49. Irrigation efficiency Yard waste minimization Application of mulch Encouragement of wildlife habitats within the landscape Use of integrated pest management Plant selection and placement Management of storm water runoff Landscape fertilization practices Waterfront property management techniques Safety procedures for equipment operation and pesticide use Such other topics as the Cooperative Extension Agent or his designee may deem appropriate. ELM Trainin~ Program Fees The fees for ELM Training Program classes shall be established by resolution of the Board. Section 1-7.6-50. ELM Trainine ReQuired ill Any person providing irrigation. land clearing and/or landscape management services in the unincomorated areas of S1. Lucie County after the effective date of this ordinance shall be required to successfully complete continuing education credits (CEUs) under the ELM Training Program as set forth below: ill Any person holding a valid occupational license to provide irrigation. land clearing and/or landscape management services in the unincomorated areas of S1. Lucie County as of October 1. 2001 shall successfully complete a minimum of four (4) CEUs on or before the renewal of his occupational license for 2001-2002. Thereafter. such persons shall successfully complete a minimum of four (4) CEUs annually on or before any subsequent renewal of his Strt!C;k tluough words are deleted. Underlined words are added. 5 '-' 'will occupational license. Proof ofhaving met such requirements shall be provided to the Tax Collector with the application for renewal of the license. ill Any person obtaining his initial occupational license to provide irrigation. land clearing and/or landscape management services in the unincorporated areas ofSt. Lucie County after October 1.2001 shall successfully complete a minimum of eight (8) CEUs. including four (4) CEUs focusing on "Basic ELM Principles" prior to the initial renewal of his occupational license. Thereafter. such persons shaH successfuHv complete a minimum of four (4) CEUs annually on or before any renewal of his occupational license. Proof of having met such requirements shaH be provided to the Tax Collector with the application for renewal of the license. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PARTD. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy ofthis ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall be effective on October 1,2001. Stltlc.k thlÖtlgh words are deleted. Underlined words are added. 6 '-" ..,¡ PART F. ADOPTION After motion and second, the vote on this ordinance was as follows: Chainnan Frannie Hutchinson Vice-Chainnan Doug Coward Commissioner Cliff Bames Commissioner Paula A. Lewis Commissioner John D. Bruhn xx XX XX XX XX PARTG. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this XX day of XX, 200I. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY g :\atty\ordnance\200 1 \01-04. wpd Shuck tmough words are deleted. Underlined words are added. 7 '-" ...., AGENDA REQUEST ITEM NO. (.-' C DATE: August ~ 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Ownership change at the Village Green Shopping Center - Tenant Estoppel Certificate and Subordination, Non-Disturbance and Attornment Agreement. BACKGROUND: St. Lucie County currently leases office space at the Village Green Shopping Center in Port St. Lucie. The center is scheduled to be sold this week. The attached Tenant Estoppel Certificate form confirms the terms of the County's current lease (and that the rent has been paid as agreed to in the lease). The Subordination, Non-Disturbance and Attornment Agreement allows the lender (GMAC Commercial Mortgage Corporation) to collect the rent in the event that a dispute arises between the new landlord and the lender. Our current lease with FINOV A requires that the County sign these forms. FUNDS AVAil. N/A PREVIOUS ACTION: The current lease began February 1, 1995. The BCC approved a lease extension until February 1,2003. RECOMMENDATION: Staff recommends that the Board authorize the Chairman to execute the Tenant Estoppel Certificate and Subordination, Non-Disturbance and Attornment Agreement. COMMISSION ACTION: gl Anderson y Administrator [x] APPROVED [] DENIED [ ] OTHER: XX County Attorney: ~~ Review and Approvals xx Administration ~~ Other: XX Originating Dept. 7r_ Other Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 G: \ACQ\WP\DON\AGENDAS\Escoppt:l a¡:d SNDA Village greenõlnnex. wpd '-" August 14, 2001 .""" Memo To : Tenant From: Arnie Sevell Property Management RE: Tenant Estoppel an SNDA Dear Tenant: The following two forms are called Tenant Estoppel and Subordination and Non Disturbance Agreement( SNDA). They are required at the time of closing (Property Sale), by the new mortgage lender of the Village Green Plaza. The estoppel form, confirms the terms of your lease, and that you have paid your rent as agreed to in your lease. The SNDA form protects both the tenant and the lender should they become the owner of the property. If the lender owned the property you would be allowed to continue occupying the space in accordance with the terms of the lease. They can't throw you out, unless of course you don't pay. This form also allows you to pay the rent to the lender, without any obligation to the landlord in case there is a dispute between landlord and lender. The signing of these forms is also a requirement of your lease. Please sign the tenant estoppel and the SNDA. The SNDA must be notarized. Please return the file to the management office. If you have any questions please call me at 561.995.0100. Thank you in advance for your cooperation. .; '-' "-tIll TENANT ESTOPPEL CERTIFICATE Tenant Name: Board of County Commissioners of St. Luice County Landlord Name: Finova Capital Corporation Leased Space: 9340 South US Highw'ay 1, Port St. Lucie, Florida 34952 Landlord requests Tenant to complete this Certificate for the benefit of GMAC Commercial Mortgage Corporation ("Lender") in connection with a pending loan to be made by Lender that "viII be secured by a mortgage on Landlord's property located at Village Green Shopping Center ("Mortgaged Property"). Tenant's Leased Space is located within the Mortgaged Property. Tenant acknowledges that its statements made in this Certificate will be relied upon by Lender and may be enforced against Tenant with respect to Tenant's Lease. TENANT STATEMENTS ABOUT ITS LEASE 1. An accurate and complete copy of Tenant's lease agreement ("Lease") is attached as Schedule A No other agreements (verbal or written) modify or supplement the Lease or Tenant's rights with respect to the Leased Space. 2. Tenant currently is the sole tenant and occupier of the Leased Space. Tenant has not entered into any agreement to assign, sublet, encumber, or otherwise transfer all or any portion of the Leased Space or the Lease. 3. The Lease is U or is not [x] guaranteed. If guaranteed, the name and current address of each guarantor is attached. 4. No default by Landlord or by Tenant currently exists under the Lease. No event has occurred which would be a default, if notice had been given or applicable grace/cure periods had expired (or both). Tenant has no setoffs, credits, claims or defenses to Tenant's obligation to pay rent or to enforcement of the Lease. 5. The current lease term began on February 1, 1995 [inse,.t date}, and the rent commencement date, if different, began on N/ A [insert date or "N/A" ifnot applicable]. The current lease term ends on January 31, 2003 [insert date]. Tenant has no option to terminate the Lease prior to such date. 6. Tenant has the option to extend the term of the Lease for "None" renewal period [inse,.t number of renelVals or "none"}. Each renewal offers a term of "N/ A" years [insat term or "N/A" ifnot applicable]. Tenant has not exercised any renewal option as of the date hereof. 7. Tenant has none of the following rights: Right to expand the Leased Space; right to relocate the Leased Space; right of first refusal (offer) with respect to any other space in the Mortgaged Property; or option or right of first refusal (offer) to purchase the Mortgage Property. 8. Tenant's current share of common expenses 15.8898% [inse,.t cu,.,.ent proportionate share}. 9. Tenant's last payment of base rent in the amount of $9,536.00 [insat amount) was paid on July 2001 [insert date}, and Tenant's last payment of its share of common expenses in the amount of $6,997.33 [insat date} was paid on July 200 I [insert date}. No other advance rent has been paid by Tenant. 10. Tenant has paid Landlord a security deposit in the amount of "None" [insert amount or "none" if no security deposit is required}. No portion of the security deposit has been used by Landlord which has not been restored by Tenant. GMACCM - Tenant Estoppel Certificate 1·2000 '-' .....,; 1 j. All rent-free periods or rent concessions provided under the Lease have expired, and no rent concession will become effective during the remainder of the Lease. 12. All tenant improvements to be constructed as a condition to the Lease have be completed to Tenant's satisfaction. No damage to the Leased Space exists "vhich has not been repaired to Tenant's satisfaction. 13. No bankruptcy, reorganization, insolvency or similar proceedings under any state or federal law has been initiated by or against Tenant. 14. Tenant has all licenses and permits which Tenant must have to operate its business from the Leased Space, and all are current and have not been revoked. 15. Since taking possession of the Leased Space, Tenant has not received any notice that the Leased Space or Tenant's uSe of the Leased Space violates any applicable law, regulation, ordinance or directive of any governmental authority or agency or insurance company. 16. Since taking possession of the Leased Space, Tenant has not stored, generated, manufactured, refined, treated, transported, disposed or in any way used materials which are considered hazardous substances or wastes under applicable environmental laws and regulations (including, without limitation, petroleum or petroleum by-products) at the Leased Space or on any other part of the Mortgaged Property, except possibly for de minimus quantities incidental to the cleaning or operation of Ten ant's business. 17 . Tenant understands that a condition of the loan from Lender to Landlord will require Landlord's consent to any future modification, waiver, expansion or renewal (except for expansion or renewal rights currently permitted to Tenant by the express terms of the Lease), and no modification, waiver, expansion or renewal made without Lender's written consent will be enforceable against Landlord. 18. Tenant understands that a condition of the loan from Lender to Landlord will prohibit Landlord from accepting Tenant's rent more than 30 days prior to its due date, and no payment of rent by Tenant more than 30 days in advance will be binding on Lender. 19. Listed below are any exceptions asserted by Tenant to the foregoing statements (Lender has no obligation to address Tenant's exceptions in connection with the loan): BY SIGNING BELOW, Tenant certifies that all infonnation stated above is accurate and correct and does not omit any material fact that would make any statement false or misleading. .' r ,+ I _ A .Jv Q,,,.~J ð-f CCU{I 1-( C.Ci1"I>I' $S,èl1~ ì:5 0'" :> .¡..UC, ê L"DV/'j Date: By: Name: Title: ATTACH: Complete copy of Lease as ScheduleA. Names and addresses of guarantors, if any. GMACCM - Tenant E$I(lppel Certit¡cí\.te 1·2000 2 j' '-' ...., RECORDING REQUESTED BY AND AFTER RECORDING, RETURN TO: GMAC Commercial Mortgage Corporation 200 Witmer Road Horsham. PA 19044-8015 Attn: Servicing - Executive Vice President SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT This Subordination, Non-Disturbance and Attornment Agreement ("Agreement"), is made as ofthis _ day of .2001 among GMAC COMMERCIAL MORTGAGE CORPORATION, a California corporation ("Lender"), , a ("Landlord"), and Board of County Commissioners of St Lucie County, a ("Tenant"). Background A Lender has agreed to make a loan to Landlord in the original principal amount $ ("Loan"), which will be secured by a mortgage, deed of trust or similar security instrument (either, "Security Instrument") on Landlord's property described more particularly on Exhibit A attached hereto ("Property"). B. Tenant is the present lessee under that certain lease agreement between Landlord and Tenant dated February 1, 1995 ("Lease"), demising a portion of the Property described more particularly in the Lease ("Leased Space"). Unit # M-C C. A requirement ofthe Loan is that Tenant's Lease be subordinated to the Security Instrument Landlord has requested Tenant to so subordinate the Lease in exchange for Lender's agreement not to disturb Tenant's possession ofthe Leased Space upon the conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual promises of this Agreement, and intending to be legally bound hereby, the parties hereto agree as follows: 1. Subordination. Tenant agrees that the Lease, and all estates, options and rights created under the Lease, hereby are subordinated and made subject to the lien and effect of the Security Instrument, as if the Security Instrument had been executed and recorded prior to the Lease. 2. Nondisturbance. Lender agrees that no foreclosure (whether judicial or nonjudicial), deed-in- lieu offorec1osure, or other sale ofthe Property in connection with enforcement of the Security Instrument or otherwise in satisfaction of the Loan shall operate to terminate the Lease or Tenant's rights thereunder to possess and use the leased space provided, however, that (a) the term of the Lease has commenced, (b) Tenant is in possession of the premised demised pursuant to the Lease, and (c) the Lease is in full force and effect and no uncured default exists under the Lease. 3. Attornment. Tenant agrees to attorn to and recognize as its landlord under the Lease each party acquiring legal title to the Property by foreclosure (whether judicial or nonjudicial) of the Security Instrument, deed-in-lieu of foreclosure, or other sale in connection with enforcement of the Security Instrument or otherwise in satisfaction of the Loan ("Successor Owner"). Provided that the conditions set UMACCM - SNDA (new lo.n) 6·2000 ,-,. -...I forth in Section 2 above ar~ met at the time Succcssor Owner becomes owners of the Property, Successor Owner shall perform all obligatIons of thc landlord undcr the Leases arising from and after the date title to the Property was transferred to Successor Owner. In no event, however, will any Successor Owner be: (a) liable for any default, act or omission of any prior landlord under the Lease; (b) subject to any offset or defense wh~eh Tenant may have against any prior landlord under the Lease; (c) bound by any payment of rent or a?dltJonal rent made by Tenant to Landlord more than 30 days in advance; (d) bound by any modIficatIOn or supplement to the Lease, or waiver of Lease terms, made without Lender's written consent thereto; (e) hable for the return of any security deposit or other prepaid charge paid by Tenant under the Lease, except to the extent such amounts were actually received by Lender; (f) liable or bound by any right of first refusal or option to purchase all or any portion of the Property; or (g) liable for construction or completion of any improvements to the Property or as required under the Lease for Tenant's use and occupancy (whenever arising). Although the foregoing provisions of this Agreement are self-operative, Tenant agrees to execute and deliver to Lender or any Successor Owner such further instruments as Lender or a Successor Owner may from time to time request in order to confirm this Agreement. If any liability of Successor Owner does arise pursuant to this Agreement, such liability shall be limited to Successor Owner's interest in the Property. 4. Rent Payments: Notice to Tenant Regarding Rent Pavments. Tenant agrees not to pay rent more than one (1) month in advance unless otherwise specified in the Lease. After notice is given to Tenant by Lender that Landlord is in default under the Security Instrument and that the rentals under the Lease should be paid to Lender pursuant to the assignment of leases and rents granted by Landlord to Lender in connection therewith, Tenant shall thereafter pay to Lender all rent and all other amounts due or to become dtie to Landlord under the Lease, and Landlord hereby expressly authorizes Tenant to make such payments to Lender upon rehance on Lender's written notice (without any inquiry into the factual basis for such notice or any prior notice to or consent from Landlord) and hereby releases Tenant from all liability to Landlord in connection with Tenant's compliance with Lender's written instructions. 5. Lender Opportunity to Cure Landlord Defaults. Tenant agrees that, until the Security Instrument is released by Lender, it will not exercise any remedies under the Lease f<?lIowing a Landlord default without having first given to Lender (a) written notice of the alleged Landlord default and (b) the opportunity to cure such default within the longer of (i) 30 days after the cure period provided under the Lease to Landlord, (ii) 30 days from Landlord's receipt of Ten ant's notice to Lender of a Landlord default, or (iii) if cure of such default requires possession of the Property, 30 days after Lender has obtained possession of the Property. Tenant acknowledges that Lender is not obligated to cure any Landlord default, but if Lender elects to do so, Tenant agrees to accept cure by Lender as that of Landlord under the Lease and will not exercise any right or remedy under the Lease for a Landlord default. Performance rendered by Lender on Landlord's behalf is without prejudice to Lender's rights against Landlord under the Security Instrument or any other documents executed by Landlord in favor of Lender in connection with the Loan. 6. Miscellaneous. (a) Notices. All notices under this Agreement will be effective only if made in writing and addressed to the address for a party provided below such party's signature. A new notice address may be established from time to time by written notice given in accordance with this Section. All notices will be deemed received only upon actual receipt. (b) Entire Agreement: Modification. This Agreement is the entire agreement between the parties relating to the subordination and nondisturbance of the Lease, and supersedes and replaces all prior discussions, representations and agreements (oral and written) with respect to the subordination and nondisturbance of the Lease. This Agreement controls any conflict between the terms of this Agreement and the Lease. This Agreement may not be modified, supplemented or terminated, nor any provision hereof waived, unless by written agreement of Lender and Tenant, and then only to the extent expressly set forth in such writing. GMACCM .- SNOA (new loan) 6-2000 2 (c) Binding Effect. This Agreement binds and inures to the benefit of each party hereto and their respective heirs, executors, legal representatives, successors and assigns, whether by voluntary action of the parties or by operation of law. If the Security Instrument is a deed of trust, this Agreement is entered into by the trustee of the Security Instrument solely in its capacity as trustee and not individually. (d) Unenforeeability. Any provision of this Agreement which is determined by a government body or court of competent jurisdiction to be invalid, unenforceable or illegal shall be ineffective only to the extent of such holding and shall not affect the validity, enforceability or legality of any other provision, nor shall such determination apply in any circumstance or to any party not controlled by such determination. (e) Construction of Certain Terms. Defined terms used in this Agreement may be used interchangeably in singular or plural form, and pronouns cover all genders. Unless otherwise provided herein, all days from performance shall be calendar days, and a "business day" is any day other than Saturday, Sunday and days on which Lender is closed for legal holidays, by government order or weather emergency. (f) Governing Law. This Agreement shall be governed by the laws of the State in which the Property is located (without giving effect to its rules governing conflicts oflaws). (g) WAIVER OF JURY TRIAL. TENANT, AS AN INDUCEMENT FOR LENDER TO PROVIDE THIS AGREEMENT AND THE ACCOMODATIONS TO TENANT OFFERED HEREBY, HEREBY WAIVES ITS RIGHT, TO THE FULL EXTENT PERMITTED BY LA W, AND AGREES NOT TO ELECT, A TRIAL BY JURY WITH RESPECT TO ANY ISSUE ARISING OUT OF THIS AGREEMENT. (h) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together constitute a fully executed agreement even though all signatures do not appear on the same document. The failure of any party hereto to execute this Agreement, or any counterpart hereof, shall not relieve the other signatories from their respective obligations hereunder. IN WITNESS WHEREOF, this Agreement is executed this _ day of ,200_. LENDER: TENANT: GMAC Commercial Mortgage Corporation [insert T enan!'s name J By: Name: Title: By: Name: Title: Lender Notice Address: Tenant Notice Address: GMAC Commercial Mortgage Corporation 200 Witmer Road Horsham, P A 19044 Attn: Servicing - Executive Vice President Artn: [Execution by Landlord appears on next page.] GMACCM - SNDA (",w 10011) 6·2000 3 - ...... ""AGENDA REQUEST ITE~NO. C& n DATE: August 28, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: 2001 Economic Development Ad Valorem Tax Exemption Application - T.J. Truss Corp. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board: (1) Accept the report of the Property Appraiser; and (2) Grant permission to advertise Ordinance No. 01-14 for a public hearing on September 11, 2001, at 9:00 a.m. which is a day meeting.. COMMISSION ACTION: ouglas Anderson County Administrator [X] APPROVED [ ] DENIED [ ] OTHER: Review and Approvals County Attorney: 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. 01-2035 DATE: August 22, 2001 SUBJECT: 2001 Economic Development Exemption Application - T.J. Truss Corp. ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law, a copy of which is attached. The ordinance was adopted subject to a referendum held on November 3, 1992 which passed. Also attached is a copy of Resolution No. 92-264 adopted on October 20,1992 establishing a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses. Attached is an application filed by T.J. Truss Corp. As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the findings state, T.J. Truss Corp. submitted the required information and met the statutory definition of a new business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $69,031.00. The estimate of revenue lost to the County if the exemption was granted during the current fiscal year is $617.52. The application reflects 40 St. Lucie County residents to be employed by T.J. Truss Corp. Under the property tax eligibility chart, it appears that T.J. Truss Corp. would receive a six (6) year exemption, phased as follows: - '-" ....., Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 lOO'Yo 90 'Yo 80% 60 'Yo 40 'Yo 20 'Yo After the first year of exemption, if a business can verify that more than sixty (60'Yo) or eighty (80'Yo) percent of its full-time employees have been residents of St. Lucie County for more than six (6) months prior to employment, then the business may be entitled to additional years of exemption. Also attached is a copy of draft Ordinance No. 01-14 which, if adopted, would grant T.J. Truss Corp. an economic ad valorem tax exemption for a period of six (6) years. RECOMMENDATION/CONCLUSION: Staff recommends that the Board: 1. Accept the report of the Property Appraiser. 2. Grant permission to advertise Ordinance No. 01-14 for a public hearing on September 11, 2001. Respectfully submitted, DSM/caf Attachments - . Fen 15 01 04: 32p St. Lucie Count~ Florida 4621581 p.1 ~ , '-' ....., ST. LUCIE COUNTY ßOARD OF COUNTY COMMISSIONERS ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION APPUCAT[ON Ordinance No. 92-24, SL Lucie County Code of Ordinanccs, Chapter 196, Florida Statutes .. ,.,1 To be filed with the Board ofCountyCommissionersofSt. Lucie County. Florida, no later than March 1 of the year the exemption is desired to take effect Please attach; additional information, if necessary or requested. L Business Name and Mailing Address:.IJ' ~ \ J <: <::. a9 0 () I - I \ ,~3(cJ il..lC! I] ~r(" I a .::2_ E-t P;P-I"C( I Fl. ( O"-r ;:s L.{ i:I (ç 2. Please give name and telephone number of Owner or Person in Charge of this business: Name; Jo fYl~ <:.. J (A)I-\ l't~. Telephone Number: (~lJ I ì 4lnlQ - .~38 <x 3. Exact Location (Legal Description and Street Address) of Property for which this return is filed; ~t2 ~~~'~~,I ì:~:~'~~ ¿;~:;~ "f,I~~~1:'; I ;¡,">, ' '4 h> 9, \ 1"\ C-\us i\Je..., ß\oc...~ (P5J 3ai'\ Lu.c..\C,. PIa.Ga Unit- Ol\~¡ ST. UC.ie. COUf\P- 1 Fl. 4. Date you began, or will begin, business at this facility: LJr:tr. c<, (" . ::l oon , . 5. a. ~cription of the improvements to real property for which this exemption' is requested: _ -I C) eSTnh\i~h a U~(\(",(.5pn( t"" ~ ;,,;l~~ .~ ~Cj;;~~I'~t" t\îe. ("(")n'\171HH0r1 n{' ll)(")od _(¿__~ _1"\ -d- ~ ~~~~~=~e~~fco~~~~on07~~~~ts:~I(h/~~b~: ~\ ~o~~ Description of the tangibIe personal property for which this exemption is requested and date when \('roperty was, or is to be, purchased: b. 6. a. ,--- Taxpayer's APPRAISER'S Estimate n Taxpaycc's USE Date of Estimate of ONLY of Original Condition Fair Market Class ofItem Age Purchase Cost Good A vg. Poor Value Condition <-¡Pi'" (f.... /-at hp A . . I . ., \: ' i.\ :: ., fEB 2 8 2001 \1,' . ...... '-~ l - ..-".-. ..' " . CO!;.~,;~.·'~,· d'; (ct·-. .~..".... \ .--'. . -,.- . '. - . . -. .--> l_._'é·" ,F' . . ·'1¡---7' ,,~.. ] '-' TRUSS CORP. 2900 INDUSTRIAL 33RD FL PIERCE. FL. 34946 OFFICE: 561 -466-3~~88 FA)(: 561 -466-9329 .-' Quote Valid for 10 days Quote # 1149 Date Entered: 1-29-01 Quoted By: TW Date Quoted: 2-09-01 Phone: 871-1400 Contact: BUDDY / JOHN Fax: 758-9154 Model: Order Accepted by TJ Truss Corp. By: County: ST. LUCIE Date: Job Name: ORR RES Pitch: 6/12 Overhang: 16" T.C. Cut Cant. _Sq. ..,XPlumb Salesperson: PHIL FAHEY Loading: SHINGLE Interior Bearing Required --' Wind load: IlOMPH Spacing: 24" Description: WOOD ROOF mUSSES PER PLANS NO BEAMS QUOTED NO LEVEL RETURNS QUOTED NO NAILERS QUOTED SubTotal: $ 3,125.00 Tax: $ 203.13 Total: $3,328.13 NOTICE OF COMMENCEMENT REQUIRED PRIOR TO SHIPMENT PRICE VALID IF DELIVERED WITHIN 60 DAYS OF DATE OF QUOTE Terms of Sale ALL ORDERS, sales contracts, or shipments wi1l be accepted and executed by TJ Truss Corporation with the fol1owing TERMS and CONDITIONS. :> 2;:: trJ ~ ::J ~ trJ Z t:J I. Terms: Net 10 days fol1owing the date of delivery and past due after 30 days. Past due accounts are subject to a service charge of I \1,% per month which is an annual percentage rate of 18%. The buyer agrees that any service charge computed will become part of his !inancial obligation to seller. If any account is referred to an attorney for col1ection said account will be subject to a reasonable col1ection fee or attorney's fee, cost and service charge as set above. 2. Shipments shal1 be inspected upon receipt and after erection, and if any errors or irregularities exist, they must be reported to us before any ceiling or roof coverings are applied, otherwise no claims or adjustments ofany kind will be recognized. When placed in work constitutes acceptance by the customer. 3. Any adjustments of defective or improper material shal1 be made on a basis of repair or replacement of the material and no other basis. No goods shal1 be returned and no back charges will be accepted without our consent. 4. The purchaser is responsible for adequate access to delivery location and assumes liability for damage to property or equipment when trucks are required to leave highways or accepted streets. 5. Delay in or failure to make deliveries (total or partial) due in whole or part to strikes, lockouts, labor troubles, !ire, windstonns, floods, acts of God, and any other causes beyond our control will not constitute a default. NOTICE: Proposal is based on drawings furnished to TJ Truss at time of quote. Any alterations are subject to price changes. All wood components for trussed roofs are included in price unless otherwise noted. Temporary and pemlanent bracing material is the responsibility of the customer. Only TJ Truss stock truss to truss connectors supplied by TJ Truss. Drawings will be supplied for special connectors. but acquisition will be the responsibility of the customer. No fasteners of any kind are supplied by TJ Truss for Multi-ply trusses or lie downs. Beams and other TJ Truss stick items will be quoted if requested and will appear on this proposal. Signing this document and an acceptance signature constitutes an order_ No job will be scheduled or fabrication begun until the layout is approved and signed by the customer. Once the order is cut there will he no changes without additional cost to the customer and your shipping date will be rescheduled. Orders received after valid date are subject to price change. Orders delayed beyond original ship date will be subject to change. ORDERED BY: DATE: DELIVERY REQUESTED: SHIP TO: ".....-. Without pre-approved credit or bank linancing - 50% down at the time of order 50% prior to fabrication For credit approval, allow one week after completed credit application has been turned in. Initials. "t b 15 01 04:33p St. Lucie Count~ Florida 4621581 p.6 '-' ...., L. ( .... b. Average Value ofInventoryon hand: !þ Q 5 000.00 -4 I c. Any additional personal property not listed above for which an exemption is claimed must be returned on form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this fonn. 7. Do you desire exemption as a: / "New Business" or as an _ "Expansion of an Existing Business" 8. Describe the Type or Nature of Your Business: Cön s"\"("u.r Ti!in 0+ t .uocd Tru~seS" 9. Trade Level (Check as many as apply): Wholesale _ Manufacturing / . Professional / Service Office'/ Other 10. a. Number offul/-time employees to be employed in St Lucie County, Florida 40 b. If an expansion of an existing business: (1) Net increase in Employment YO'/. (2) Increase in productive output resulting fromthis expansion .J¡ 5 (Y'\ ~ \ \ \' 0 () 11. Sales factor for the facility requesting exemption: . Total sales in FIorida from this facility-One (1) location OIÙy~ 1(0 g ~:¡.. L.. ,. 33 divided by Total sales everyWhere from this facility-One (1) location only ~ It. g Y""1-4. 3~ = _\ I 12. For office space owned and used by a corporation newly domiciled in F:1orida: . a. " Date of incorporation in FIorida: ~ (\,11 Q ri ?) / ..2 OD ð b. Number of Full-time employees at this" location: yo 13. If requesting an exemption due to Iocation in a slum or blighted area, please furnish such additional infonnation as required by the Board of COW1ty Commission or Property Appraiser. 2 :TI TRUSS coJt1>. 2900 INDUSTRIAL 33RD FL PIERCE. FL. 34946 OFFICE: 56 I -466-3388 FAX: 56 I -466-9329 . . Quote Valid for 10 days Quote # 1148 Date Entered: 1-29-01 Quoted By: TW Date Quoted: 2-09-01 Phone: 871-1400 Contact: BUDDY I JOHN Fax: 758-9154 Pitch: 6/12 Overhang: 16" T.C.Cut _Sq. -x'Plumb Order Accepted by TI Truss Corp. By: Salespernm: County: ST. LUCIE PHIL FAHEY Cant. Loading: Interior Bearing SHINGLE Required ~ Date: Model: Job Name: DUANE Wind load: IIOMPH Spacing: 24" Description: WOOD ROOF TRUSSES PER PLANS NO BEAMS QUOTED NO LEVEL RETURNS QUOTED NO NAILERS QUOTED SubTotal: $ 3,525.00 Tax: $ 229.13 Total: $3,754.13 NOTICE OF COMMENCEMENT REQUIRED PRIOR TO SHIPMENT PRICE VALID IF DELIVERED WITHIN 60 DAYS OF DATE OF QUOTE Terms of Sale ALL ORDERS, sales contracts, or shipments will be accepted and executed by TJ Truss Corporation with the following TERMS and CONDITIONS. ;Þ- ~ t'fj ~ ...., >-J ~ t'fj Z o I. Terms: Net 10 days following the date of de1ivery and past due after 30 days. Past due accounts are subject to a service charge of 1 Y>% per month which is an annual percentage rate of 18%. The buyer agrees that any service charge computed will become part of his financial obligation to seller. If any account is referred to an attorney for collection said account will be subject to a reasonable collection fee or attorney's fee, cost and service charge as set above. 2. Shipments shall be inspected upon receipt and after erection, and if any errors or irregularities exist, they must be reported to us before any ceiling or roof coverings are applied, otherwise no claims or adjustments of any kind will be recognized. When placed in work constitutes acceptance by the customer. 3. Any adjustments of detective or improper material shall be made on a basis of repair or replacement of the material and no other basis. No goods shall be returned and no back charges will be accepted without our consent. 4. The purchaser is responsible for adequate access to delivel)' location and assumes liabi1ity for damage to property or equipment when trucks are required to leave highways or accepted streets. 5. Delay in or failure to make deliveries (total or partial) due in whole or part to strikes, lockouts, labor troubles, fire, windstorms, floods, acts of God, and any other causes beyond our control will not constitute a default. NOTICE: Proposal is based on drawings furnished to TJ Truss at time of quote. Any alterations are subject to price changes. All wood components for trussed roofs are included in price unless otherwise noted. Temporary and pennanent bracing material is the responsibility of the customer. Only TI Truss stock truss to truss connectors supplied by TI Truss. Drawings will be supplied for special connectors, but acquisition will be the responsibility of the customer. No fasteners of any kind are supplied by TI Truss for Multi-ply trusses or tie downs. Beams and other TI Truss stick items will be quoted if requested and will appear on this proposal. Signing this document and an acceptance signature constitutes an order. No job will be scheduled or fabrication begun until the layout is approved and signed by the customer. Once the order is cut there will be no changes wilhout additional cost to the customer and your shipping date will be rescheduled. Orders received after valid date are subject to price change. Orders delayed beyond original ship dale will be subject to change. ORDERED BY: DATE: DELIVERY REQUESTED: SHIP TO: Without pre-approved credit or bank financing - 50% down at the time of order 50% prior to fabrication For credit approval, allow onc weck after completed credit application has been turned in. Initials. · Feb ~5 01 04:32p St. Lucie Count~ Florida 4621581 p.2 ~ ....., J '. [ hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statutes as incorporated by Ordinance No. 92-24, St Lucie County Code of Ordinances. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein_ I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) { DATE: ~ /;¡g ! b I SIGNED: " F(· ;3Y,q'f~ SIGNED: TITLE: 5~ 1- Yl.P ~ ~ 33õ<¡? (preparer's Telephone Number) PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or muniCipality for the current fiscal year from ad valorem tax sources: 68,695,677.12 2. Revenue lost to the county or mUnicipality for the current fiscal year by virtue of exemptions previously granted under this section: 106,041. 79 3. Estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subject to taxation: 617.57. 4. Estimate of the taxable value lost to the county if the exemption applied for were granted: 69,031 5. Estimated number of St. Lucie County residents to be employed in county: 40 Improvements to real property 30,600 Personal Property 38,431 6. I have determined that the property listed above meets the definition, as defined by Section 196.012(15) or (16), Florida Statutes, as incoIporated by Ord. No. 92-24, St. Lucie County Code of Ordinances as a New Business X , as Expansion of an Existing business , or Neither 7. Last year forwhichexemptionmay be applied: DATE: SIGNED: RETURN TO BE FILED NOT LATER THAN MARCH 1 ~ -' Jj TRUSS co~. 2000 INDUSTRIAL 33RD FT. PIERCE. f'L. 34046 OFFICE: 56 I -466-3388 FAX: 56 I -466·0320 . ., Quote Valid for 10 days Quote # 1148 Date Entered: 1-29-01 Quoted By: TW Date Quoted: 2-09-01 Phone: 871-1400 Contact: BUDDY / JOHN Fax: 758-9154 Model: Order Accepted by TJ Truss Corp. By: Date: 1 Job Name: DUANE Cant. Salesperson: PHIL FAHEY Loading: SHINGLE County: ST. LUCIE Pitch: 6/12 Overhang: 16" T.C.Cut _Sq. --K. Plumb Interior Bearing Required --' Wiod load: HOMPH Spacing: 24" Description: WOOD ROOF TRUSSES PER PLANS NO BEAMS QUOTED NO LEVEL RETURNS QUOTED NO NAILERS QUOTED Sub TObl: $ 3,525.00 Tax: $ 229.13 Tobl: $3,754.13 NOTICE OF COMMENCEMENT REQUIRED PRIOR TO SHIPMENT PRICE VALID IF DELIVERED WITHIN 60 DAYS OF DATE OF QUOTE Terms of Sale ALL ORDERS, sales contracts, or shipments will be accepted and executed by TJ Truss Corporation with the following TERMS and CONDITIONS. ;Þ- ~ tTJ :;>:i ~ :;>:i tTJ Z t1 I. Tenns: Net 10 days following the date of delivery and past due after 30 days. Past due accounts are subject to a service charge of I y,% per month which is an annual percentage rate of 18%. The buyer agrces that any scrvicc charge computed will become part of his financial obligation to seller. If any account is referred to an attorney for collection said account will be subject to a reasonable collection fee or attorney's fee, cost and service charge as set above. 2. Shipments shall be inspected upon receipt and after erection, and if any errors or irrcgularitics exist, they must be rcported to us before any ceiling or roof coverings are applied, otherwise no claims or adjustments of any kind will be recognized. When placed in work constitutes acceptance by thc customer. 3. Any adjustments of defective or improper material shall be made on a basis of repair or replacement of the material and no other basis. No goods shall be returned and no back charges will be accepted without our consent. 4. The purchaser is responsible for adequate access to delivery location and assumes liability for damage to property or equipment when trucks are required to leave highways or accepted streets. 5. Delay in-or failure to make deliveries (total or partial) due in whole or part to strikes, lockouts, labor troubles, fire, windstonns, floods, acts of God, and any other causes beyond our control will not constitute a default. NOTICE: Proposal is based on drawings furnished to TJ Truss at time of quote. Any alterations are subject to price changes. All wood components for trussed roofs are included in price unless otherwise noted. Temporary and pennanent bracing material is the responsibility of the customer. Only TJ Truss stock truss to truss connectors supplied by TJ Truss. Drawings will be supplied for special connectors, but acquisition will be the responsibility of the customer. No fasteners of any kind are supplied by TJ Truss for Multi-ply trusses or tie downs. Beams and other TJ Truss stick items will be quoted if requested and will appear on this proposal. Signing this document and an acceptance signature constitutes an order. No job wii/ be scheduled or fabrication begun until the layout is approved and signed by the customer. Once the order is cut there will be no changes without additional cost to the customer and your shipping date wii/ be rescheduled. Orders received after valid date are subject to price change. Orders delayed beyond original ship date wii/ be subject to change. ORDERED BY: DATE: DELIVERY REQUESTED: SHIP TO: Without pre-approved credit or bank financing - 50% down at the time of order 50% prior to fabrication For credit approval, allow one week after completed credit application has been turncd in. Initials. \ ~ .. ~ " "-" '-' ORDINANCE NO. 92-24 AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CREATING ARTICLE V (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS) RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR CERTAIN NEW AND EXPANDING BUSINESS PROPERTIES; PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING PROCEDURES FOR APPLICATION FOR EXEMPTION; SPECIFYING DUTIES OF THE PROPERTY APPRAISER IN CONNECTION· WITH SUCH PROPERTY; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 196.1995, Florida Statutes, provides the Board of County Commissioners may hold a referendum granting Economic Development Ad Valorem Tax Exemptions under Section 3, Article VII of the State Constitution. 2. This Board believes that amending Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, by creating Economic Development Ad Valorem Tax Exemptions for a new or expanding business is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Etruck through. passages are deleted. added. Underlined passages are 1 ,,"rtc... CD f->·O nf-':Þ o CD :J I"j :J o..ZCD ~~~ CD...... o~~ ...... :;:¡ I " ~¡..Jn IN...... \D CD wN;' 010 ~~H> .. CO rt U1 ~ '¡::"O\CD :Þ n . .... 3: I"j n o¡:: " .... rt tt:J on 00 ;.:¡:: I"j rt 01 COm N:r Wr-< ¡:: n .... "dCD :Þ øn t'10 ¡:: :J N~ 0\ o o '-' ....,¡ PART A. AMENDMENT CODE OF FLORIDA. OF CHAPTER 1-19.3 (TAXATION) OF THE ORDINANCES OF ST. LUCIE COUNTY, Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by creating Article V (Economic Development Ad Valorem Tax Exemptions) to read as follows: Chapter 1-19.3 TAXATION ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS Section 1-19.3-51. Short Title. ~. This Ordinance shall be known as County Ordinance No. 92-24, "Economic Development Ad Valorem Tax Exemption Requlations of St. Lucie County, Florida." Section 1-19.3-52. Enactment and Authoritv. Pursuant to Section 3, Article VII of the State Constitution and in accordance with Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules, Chapter 12D-7, Florida Administrative Code, incorporated municipalities and counties individually or in combination are authorized and empowered to adopt, amend or revise and enforce an ordinance relatinq to economic development ad valorem tax exemptions, after the electors of such municipality or county, votinq on the question in a referendum, authorize the adoption of such ordinance. £truc]~ through passages are deleted. added. Underlined passages are 2 o ::ö OJ o o :;>;: o CD N W "0 :Þ C) [r N 0\ o }-l ':h '-" ..., .Section 1-19.3-53. Jurisdiction. The area sub'ect to this Ordinance shall be incor orated and unincorporated St. Lucie County. Section 1-19.3-54. Purpose and Intent. The public health, safety, comfort, economy, order, convenience and qeneral welfare require the harmonious, orderly and ro ressive develo ment of new business and ex ansion of existin business within Florida and its incorporated municipalities and counties. In furtherance of this qeneral purpose counties by Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida De artment of Revenue Rules Florida Administrative Code, are authorized and empowered to adopt, amend or revise and enforce measures relatinq to economic development ad valorem tax exem tions for new business and ex ansion of existin business. It is the intent' of this Ordinance to secure or to ensure: h The establishment of criteria for qrantinq such exemptions to certain types of businesses or industries or for denyinq exemptions on a rational, nonarbitrary, nondiscriminatory basis by the Board of County Commissioners. ~ No precedent shall be implied or inferred by the qrantinq of an exemption to a new or expandinq business. Applications for exemptions shall be considered bv the Board of Count v Commissioners on a case-by-case basis for each application, after consideration of the Property Appraiser's report on that application. -ª-'- Any exemption qranted shall apply up to one hundred percent 1100%) of the assessed value of all improvements to real property made by or for the use of a new business and all tanqible personal property of such new business, or up to one hundred percent 1100%) of the assessed value of all added improvements to real property which additions are made to facilitate the expansion of an Struck through passages are deleted. added. Underlined passages are 3 o ;:u tT; o o :;>;: o OJ N W 't :Þ G) CI1 N 0\ o N '-' ....,; and of the net increase in all tan ible to facilitate such ex ansion h tion shall be u to a full ten time the exemDtion is qranted. eriod ~ No exem iion shall be ranted on the land which new or eXDanded businesses are to be located. h No exem tion shall be ranted on mana ement district taxes or on taxes of bonds or taxes authorized a vote the County pursuant to Sections 9 or the State Constitution. school or water levied for a ent of the electors of 12, Article VII, of Section 1-19.3-55. Definition of Terms. The followinq words, phrases and terms shall have the same . meanin s attributed to them in current Florida Statutes and the Florida Administrative Code, except where the context clearly indicates otherwise: .L. An A licant erson or cor oration submittin an Economic DeveloDment Ad Valorem Tax Exemption application to the Board. ~ ~ Board - The St. Lucie County Board of Commissioners. Business Any activity enqaqed in by any person, corporation or company with the obiect of private or benefit or advanta e either direct or indirect. 3.1 New Business _ ~ A business establishinq 10 or more iobs to employ 10 or more full-time employees in this County, which manufactures. processes, StrucJc through passages are deleted. added. Underlined passages are 4 o ~ CD o o :>: I o OJ N W "0 :Þ ø t't] N 0'1 o W h '-" ~ compounds, fabricates, or produces for sale items of tanqible personal property at a fixed location and which comprises an industrial or manufacturinq plant; A business establishinq 25 or more lobs to employ 25 or more full-time employees in this County. the sales factor of which, as defined by s. 220.15(51, Florida Statutes, for the facility with respect to which it requests an economic development ·ad valorem tax exemption is less than '0.50 for each year the exemption is claimed. No business enqaged in retail operations as defined herein shall be eliqible for an exemption pursuant to this subsection b; or ~ An office space in this state owned and used by a corporation newlv domiciled in this County; provided such office space houses 50 or full-time such emplovees more of corporation; provided that such business or office .first beqins operation on a site clearlv separate from any other commercial or industrial operation owned bv the same business. £truck through passages are deleted. added. Underlined passages are 5 o ::c co o o ;;>:: o CO N W '1:1 ;Þ ø r:r1 N (J) o ~ 3.2 '- .....,¡ fh Any business located in an area desiqnated enterprise zone that first beGins operation on a site clearly separate from any other commercial or industrial operation owned bv the same business. Expansion of ExistinG Business .ª-.:.. A business establishinG 10 or more ;obs to employ 10 or more full-time employees in this County, which manufactures, processes, compounds, fabricates, or produces for sale items of tanqible personal property at a fixed location and which comprises an industrial or manufacturinG plant; or ~ Any business establishinG 25 or more ;obs to employ 25 or more full-time employees in this County, the sales factor of which, as defined by s.220.15(51, Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each vear the exemption is claimed provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same business, resultinq in a net increase in employment of not less than 10 percent or Struc]( through passages are deleted. added. Underlined passages are 6 o ;u 1:!1 o o " I . o (» tv W 'U :Þ CJ trI N (J\ o U1 i ,~i "-' '-..I an increase ~n productive output of not less than 10 percent. No business enqaqed in retail operations as defined herein shall be eliqible for an exemption pursuant to this subsection b. ~ An business located in an enter rise zone that increases operations on a site colocated with a commercial or industrial operation owned by the same business. U Business enqaqed in retail operations _ a business. en a ed in a sale to a consumer or to an eFson of an item of tanqible personal property for any purposes other than for resale. ~ De artment - The Florida De artment of Revenue. ~ rm rovements - Ph sical chan es made to raw land and structures placed on or under the land surface. All personal property acquired an to facilitate ex ansion of an existin business rovided that the ersonal is added or increased on or after the da the ordinance is adopted. ersonal However uired to re lace existin shall not be considered to facilitate a businesses expansion. ~ Sales Factor - A fraction the numerator of which is the total sales of the taxpayer in this state durinq the Struc}¡: through passages are deleted. added. Underlined passages are 7 o ::u cc o o ;:>::; o OJ N W '1J :Þ G) trI N 0\ o 0\ '-' '-' taxable ear or eriod and the denominator of which is the total sales of the taxpayer everywhere durinq the taxable year or period. (See Section 220.15(5), Florida Statutes for specifics of computation). Section 1-19.3-56. General. The Economic Development Ad Valorem Tax Exemption is a local o tion tax incentive for new or ex andincr business which ma be ranted or refused at the sole discretion of the Board. for such an exemption a business locatinq or expandinq in the cor orated or unincor orated area of St. Lucie Count must file an a lication Florida De artment of Revenue Form DR-418-. _ See Attachment 1) with the Board. Satisfactory proof that the business meets the criteria for ex em tion as a new business or ex ansion of an existin business as defined by this Ordinance must accompany the Application. The ApPlication shall be filed on or before 1 March of the year in which an exemption is requested. Exemption from County tax may only be qranted by the Board. The exemption qranted under this Ordinance shall not accrue to im rovements to real made b or for the use of new or expand in businesses when such im rovernents have been included on the tax rolls prior to the referendum authorizing this Ordinance. Section 1-19.3-57. Procedure. Before the Board acts on an application, it must be submitted to the Property Appraiser for review. After careful consideration, Struc]~ tl1rough pas sages are deleted. added. Underlined passages are 8 o ;J;J CJ: o o :;.: o CD N W '0 :Þ G'J C'1 N 0\ o ...¡ the ;.;";'. ".: '-" ....., raiser shall re ort to the Board concernin the fiscal impact of qrantinq exemptions. The raiser's Re ort shall include the followin : 1...:.. The total revenue available to the Count for the current fiscal vear from ad valorem tax sources. 1..:.. The amount of revenue fore the Count current fiscal ear because of economic develo valorem tax exemptions previously qranted. for the ment ad .L.. An estimate of the amount of revenue which would be fore one for the current fiscal year if the ex em tion is qranted to the new or expandinq business. 1..:.. the After consideration of the report of the Property Appraiser. Board ma choose to ado t an Ordinance the tax exem tion to a The Ordinance shall include the followinq information; 1...:.. 1..:.. .L. 1..:.. business. The Ordinance shall be same manner as an other ordinance of the Count The name and address of the new or expandinq business. The amount of revenue available from ad valorem tax sources for the current fiscal year, revenue foreqone for the current fiscal ear because of economic develo~ment ad valorem tax exemptions currently in effect. and the amount of estimated revenue which ·.:ould be foreaone because of the exem tion ranted to th= new or ex andin business. The ex iration date of the exem tion. U to ten ears from date of Board adoption of the Ordinance qrantin~ the exemption) A findin that the business meets the definition of a new business or an expansion of an existinq business. Struck through passages are deleted. added. Underlined passages are 9 o ::0 CJ:) o o à o QJ tv W '1:1 :Þ G) tT1 tv 0\ o QJ '-' "'-" ~ The Board's business no exemption. authori tv to revoke an exemption Ion er satisfies the criteria if the for the Section 1-19.3-58. Fees. Fees charaed to offset the cost of processinq the Economic Develo ment Ad Valorem Tax lication or an Ordinance shall be adopted bv the Board bv resolution. Section 1-19.3-59. Eliqible Business or Industry. An business or indust as defined in Section 1-19.3-55 Para ra h 3.1 and 3.2 that does not as an ineli ible business or industry as defined in Section 1-19.3-60. When considerinq the issue of whether or not a busin.ess or is an eli ible business as defined herein the Board shall consider the anticipated number of emplovees, averaqe waqe, type of industr or business volume of business or roduction or an other information relatin to the issue of whether the ro osed develo ment would si nificantl rove economic develo ment in St. Lucie Count rior to acce the Economic Development Ad Valorem Tax Exemption Application. The criteria for determininq the lenqth of an exemption and the e amount of an ex em be formulateâ b the Board b resolution. The criteria shall provide for incentives for businesses that emplov St. Lucie Countv residents who establish permanent domicile pursuant to Florida Statutes. Struck through passages are deleted. added. Underlined passages are 10 o :u CD o o ~ o Q) N W 'tJ ;Þ G) C%:1 N 0\ o \D '-' """ .Section 1-19.3-60. Ine1iqible Business or Industry. An business or industr in violation of anv federal or local law or re ulation environmental matters such as a~r, water, and noise pollution. Section 1-19.3-61. Appeals. The decision of the Board not to qrant an Economic Development Ad Valorem Tax Exemption to a particular business or industry is 'udicial review ursuant to the Florida Rules of Appellate Procedure. Section 1-19.3-62 - 1-19.3-70. Reserved. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, pro~erty, or circumstance. Struc]¡: through pas sages are deleted. added. Underlined passages are 11 o :0 tJJ o o ;:.:: o OJ N W '"0 :Þ ø t':I N CìI fool o '-' '-' PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This Ordinance shall take effect only upon approval by the voters on November 3, 1992 of the ballot question authorized by the Board in Resolution No. 92-175. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, . Florida, and the word" "ordinanç:e" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to G shall not be codified. Struc]c through passages are deleted. added. Underlined passages are 12 o ::0 tr1 o o " o Q) N W 'ó :Þ C) tr1 N 0'1 -I -I """ 'wi . . PASSED AND DULY ADOPTED THIS 6th day of October, 1992. ATTEST: BOARD OF COUNTY COMMISSIONERS"_, ST. LUCIE COUNTY, FLORIDA· :; ,- ., ~~:~1 CHAIRMAN- 'j \ - ) ,. ~... \... Struoh: through passages are deleted. added. Underlined passages are 13 -- " o :xJ co o o ::>:: o CO N W '1:J :Þ ø tr N 0\ f-l N ~ J Douglas Dixon, ,. ',k of the Circuit Court 't. Lucie County File Number: .1. ,-",ll 7 l 7 OR BOOK 0 ~ 3 PAGE 035 7 Recorded: 10-27-92 02:43 P.M. RESOLUTION NO. 92-264 A RESOLUTION ESTABLISHING A PROPERTY TAX EXEMPTION PHASE OUT SCHEDULE AND PROPERTY TAX EXEMPTION ELIGIBILITY RATE SCHEDULE FOR NEW OR EXPANDING BUSINESS APPLYING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PURSUANT TO ORDINANCE NO. 92-24 WHEREAS / the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On September 8, 1992/ this Board adopted Resolution 92- 175 which implemented the provisions of Section 196.1995/ Florida Statutes which authorized the Board of County commissioners the authority to call a referendum on the issue of granting a local Option Economic Ad Valorem Tax Exemption. 2. On October 6, 1992, this Board adopted Ordinance No. 92- 24/ which amended Chapter 1-19.3 (TAXATION) of the Code of Ordinances of St. Lucie County, Florida, by creating Article V - Economic Development Ad Valorem Tax Exemption. Enactment of Ordinance No. 92-24 J.S contingent on a majority vote in the November referendum election. 3. Section 1-19.3-59 (Eligibility Business or Industry) of Ordinance No. 92-24 provides for the formulation of criteria for determining the length of an exemption and the percentage amount of an exemption pursuant to resolution of this Board. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby adopts the Property Tax Exemptions Phase Out Schedule and Property Tax Eligibility Chart, attached 1 - '-' ....." hereto and referred to collectively as "Exhibit A," for purposes of establishing eligibility of a tax exemption for new or expanding businesses pursuant to Ordinance No. 92-24. 2. This Board shall provide incentives for businesses to employ St. Lucie County residents. These incentives shall be the following: a) If a business can verify after the first year of exemption that sixty percent (60%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to one additional year from the standard exemption as set forth on "Exhibit A." b) If a business can verify after the first year of exemption that eighty percent (80%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to two additional years from the standard exemption as set forth on "Exhibit A." 3. The Board shall have the discretion to modify the eligibility requirements based on other significant factors including, but not limited to, the following: a) The increase in local employment attributable to the new or expanding business; b) The unemployment and underemployment available local labor force and the types of jobs created therein; of the and wages c) The amount of capital investment purchased by the new or expanding business; d) The ability of the county to otherwise meet its total fiscal needs should the requested exemption be granted; e) The cost of any increased local government services, including but not limited to roads, water, sewer, gas and law enforcement, and other direct expenditures associated with that specific business. 2 o ::c td o o ;0;: o OJ -I Lù >-ç:J :Þ CJ Lt1 o Lù (J1 OJ '-" """'" After motion and second, the vote on this resolution was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner R. Dale Trefelner AYE Commissioner Havert L. Penn AYE Commissioner Judy Culpepper AYE PASSED AND DULY ADOPTED this 20th day of October, 1992. ATTEST: . , BOARD OF COUNTY COMMIS$IONERS' ST. LUCIE COUNTY, FLORIDÁ ". : Cir- --' .,:... . ~;.."'':J;.'.'' --~ l/)¿HA-~~St::b ~ De.Þ#'bý; lClE¢J<\~ f;' "¢ .......".. - "- 'J- "... ~I ~ ¡.. < .,~ ¡;..-..< ..... '~'1 .~ ",; ...... .,' ,. ,.! " '.- " "~ :.~, ~ : v~-. \ ',.r' '.. ,,"-"! -.../ r?'=::. ;~.) . ,_ .." ~.¡;:~"' . . .; -...., '. -'" . . --.,. ..~..., .". '. ~ ,,! o'Y" I ".' .-......., : '·;;.4 ~~~~f8\i~~¡ By: 'J Chairman >- !~! "¿., ~.' .../ ..!) I íi'.'J; -'.~¡ APPROVED AS TO FORM AND CORRECTlŒSS: D / ~ /' ¡tAÜYIN7< County Attorjey // ../ 3 o ;.:J t¡; o o à o CO f-I lù "0 ;Þ CJ C"1 o lù VI \D """ ."",; PROPERTY TAX EXEMPTION ELIGIBILITY ELIGIBILITY (number of years) NUMBER OF STANDARD 60% SLC 80% SLC EMPLOYEES EXEMPTION RESIDENTS RESIDENTS 10 - 24 5" 6 7 25 - 49 6 7 8 50 - 99 7 8 9 100 - 199 8 9 10 200 + (DISCRETION OF COMMISSION) . Less than five (5) years is left to the discretion of the Board. "EXHIBIT A" o ::0 tp o o 7': o 00 f..I W "0 ;Þ o trI o W Q\ o "'"" "-" ORDINANCE NO. 01-14 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR T.J'. TRUSS CORP., 2900 INDUSTRIAL 33110, FORT PIERCE, FLORIDA, A NEW BUSINESS; PROVIDING THE AMOUNT OF REVENUE A V AILABLE FROM AD V ALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO T. J'. TRUSS CORP.; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT T.J'. TRUSS CORP. MEETS THE DEFINITION OF A NEW BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I Short Title This Ordinance shall be known as County Ordinance No. 01-14 "Economic Development Ad Valorem Tax Exemption - T. J. Truss Corp. ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an """" ....,¡ exemption from ad valorem taxation of the assessed value of T.J. Truss Corp., 2900 Industrial 33rd, Fort Pierce, Florida, in accordance with the following exemption phase out schedule: Year 1 (Fiscal Year 2001-02) Year 2 Year 3 Year 4 Year 5 Year 6 100'7'0 90'7'0 80% 60'7'0 40'7'0 20% No exemption shall be granted on the land on which improvements are made by T. J. Truss Corp. ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is $68,695,677.12. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $106,041.79. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $617.52. ARTICLE IV Expiration Date The Economic Development Ad Valorem Tax Exemption granted to T.J. Truss Corp. a new business shall be for six (6) years from the date of Board adoption of this Ordinance. '-' ..." ARTICLE V Finding The Board of County Commissioners of St. Lucie County, Florida, finds that T.J. Truss Corp. is a new business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption if T.J. Truss Corp. no longer satisfies the criteria set out above. ARTICLE VI Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. ARTICLE VIII Adoption After motion and second, the vote on this Ordinance was as follows: Chairman Frannie Hutchinson xx ......... --- """ """ Vice Chairman Doug Coward xx Commissioner John Bruhn xx Commissioner Paula Lewis xx Commissioner Cliff Barnes xx PASSED AND DULY ADOPTED this _ day of ,2001 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUcrE COUNTY. FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney \, f\GENDA REQUEST ",.,I ITEM\~O. C~£ DATE: August 28, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: 2001 Economic Development Ad Valorem Tax Exemption Application - County Electric Supply Co. LTD. d/b/a Tamlite Lighting BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board: (1) Accept the report of the Property Appraiser; and, (2) Grant permission to advertise Ordinance No. 01-19 for a public hearing on September 11, 2001, at 9:00 a.m. which is a day meeting. COMMISSION ACTION: [xl APPROVED [ ] DENIED [ ] OTHER: D glas Anderson ounty Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eft. 5/96 '--f , f I 1 ."'" -.."J INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2036 DATE: August 22, 2001 SUBJECT: 2001 Economic Development Exemption Application - County Electric Supply Co. LTD. d/b/a Tamlite Lighting ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On October 6,1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law, a copy of which is attached. The ordinance was adopted subject to a referendum held on November 3,1992 which passed. Also attached is a copy of Resolution No. 92-264 adopted on October 20,1992 establishing a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses. Attached is an application filed by County Electric Supply Co. Ltd. d/b/a Tamlite Lighting ("Tamlite"). As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the findings state, Tamlite submitted the required information and met the statutory definition of an expanding business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $1,012,200. The estimate of revenue lost to the County if the exemption were granted during the current fiscal year is $27,298.77. The application reflects that as a result of the expansion, 18 St. Lucie County residents to be employed by Tamlite. Under the property tax eligibility chart, it appears that Tamlite would receive a five (5) year exemption, phased as follows: '-' ...,¡ Year 1 Year 2 Year 3 Year 4 Year 5 100 'Yo 8010 60% 40% 2010 4 After the first year of exemption, if a business can verify that more than sixty (6010) or eighty (8010) percent of its full-time employees have been residents of St. Lucie County for more than six (6) months prior to employment, then the business may be entitled to additional years of exemption. Also attached is a copy of draft Ordinance No. 01-19 which, if adopted, would grant Tamlite an economic ad valorem tax exemption for a period of five (5) years. RECOMMENDATION/CONCLUSION: Staff recommends that the Board: 1. Accept the report of the Property Appraiser. 2. Grant permission to advertise Ordinance No. 01-19 for a public hearing on September 11, 2001. Respectfully submitted, DSM/caf Attachments , ~ s '-' ...." ORDINANCE NO. 92-24 AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CREATING ARTICLE V (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS) RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR CERTAIN NEW AND EXPANDING BUSINESS PROPERTIES; PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING PROCEDURES FOR APPLICATION FOR EXEMPTION; SPECIFYING DUTIES OF THE PROPERTY APPRAISER IN CONNECTION WITH SUCH PROPERTY; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 196.1995, Florida Statutes, provides the Board of County Commissioners may hold a referendum granting Economic Development Ad Valorem Tax Exemptions under section 3, Article VII of the State Constitution. 2. This Board believes that amending Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, by creating Economic Development Ad Valorem Tax Exemptions for a new or expanding business is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: £truc), through passages are deleted. added. Underlined passages are 1 ::O'"r]'-< CD t-'·o ()f-'~ o CD ::1 Ii ::1 o.ZCD ~~~ CDf-' o~~ f-' :;3 1 ... ~f-!n INf-' 'ÍJ CD wNi- 010 ~¡þ.H1 ~())g: '¡>'O'ICD ~ n . t-'. ::s: Ii . () o¡:; ::0 t-'. rt tJJ On 00 ,,¡:; Ii rt 01 ())(JJ N;t Wl' s:: () t-'. 'óCD ~ Gìn tTJO s:: ::I Nq 0'1 o o '-' 'wi PART A. AMEND~NT CODE OF FLORIDA. OF CHAPTER 1-19.3 (TAXATION) OF THE ORDINANCES OF ST. LUCIE COUNTY, Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by creating Article V (Economic Development Ad Valorem Tax Exemptions) to read as follows: Chapter 1-19.3 TAXATION ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS Section 1-19.3-51. Short Title. .. This Ordinance shall be known as County Ordinance No. 92-24, "Economic Development Ad Valorem Tax Exemption Requlations of St. Lucie County, Florida." Section 1-19.3-52. Enactment and Authority. ~ursuant to Section 3, Article VII of the State Constitution and in accordance with Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules, Chapter 12D-7, Florida Administrative Code, incorporated municipalities and counties individually or in combination are authorized and empowered to adopt, amend or revise and enforce an ordinance relatinq to economic development ad valorem tax exemptions, after the electors of such municipality or county, votinq on the question in a referendum, authorize the adoption of such ordinance. Struc]c through passages are deleted. added. Underlined passages are 2 o ~ OJ o o :>: o OJ N W '1:1 ;¡:. ø tIJ N 0\ o ¡.J :':0;\. '-' """'" .Section 1-19.3-53. Jurisdiction. The area sub'ect to this Ordinance shall be incor orated and unincorporated St. Lucie County. Section 1-19.3-54. Purpose and Intent. The public health. safety. comfort. economy. order. convenience and eneral welfare re uire the harmonious and ro ressive develo ment of new business and ex ansion of existin business within Florida and its incorporated municipalities and counties. In furtherance of this qeneral purpose counties by Cha ters 125 196 and 214 Florida Statutes and Florida De artment of Revenue Rules 12D-7 Florida Administrative Code. are authorized and empowered to adopt. amend or revise and enforce measures relatinq to economic development ad valorem tax exem tions for new business and ex ansion of existin business. It is the intent of this Ordinance to secure or to ensure: .L.. The establishment of criteria for (¡rantinq such exem tions to certain t es of businesses or industries or for denYing exemptions on a rational. nonarbitrarv. nondiscriminatory basis bv the Board of County Commissioners. ~ No precedent shall be implied or inferred bv the qrantinq of an exemption to a new or expandinq business. A lications for ex em tions shal1 be considered bv the Board of Count v Commissioners on a case-by-case basis for eacÌl a lication after consideration of the Pro ert Appraiser's report on that application. .l.:.. An exem tion ranted shall a one hundred ercent 100% of the assessed value of all im~rovements to real property made bv or for the use of a new business and all tanqible personal property of such new business. or up to one hundred percent 1100%) of the assessed value of all added improvements to real property which additions are made to facilitate the expansion of an StrucJc through passages are deleted. added. Underlined passages are 3 o ::0 O:t o o :>: o (J) tv W 't :Þ ø [r tv (JI o tv '-' -..J of and of the net increase in all tan ible to facilitate such ex ansion .L. tion shall be u to a full ten time the exemption is qranted. eriod ~ No exem tion shall be ranted on the land which new or expanded businesses are to be located. L:. No exem tion shall be ranted on mana ement district taxes or on taxes of bonds or taxes authorized a vote the Countv pursuant to Sections 9 or the State Constitution. school or levied for a ent of the electors of 12, Article VII. of Section 1-19.3-55. Definition of Terms. The followin hrases and terms shall have the same ~ meanin s attributed to them in current Florida Statutes and the Florida Administrative Code, except where the context clearly indicates otherwise: 1..:.. An A licant erson or cor oration submittin an Economic Development Ad Valorem Tax Exemption application to the Board. ~ Board - The St. Lucie County Board of Commissioners. -ª-"'- Business Any activity enqaqed in by any person, cor oration or com an with the ob 'ect of rivate or benefit or advanta e either direct or indirect. 3.1 New Business _ -ª--'- A business establishinq 10 or more iobs to employ 10 or more full-time employees in this County, which manufactures, processes, Struo]c through pas sages are deleted. added. Underlined passages are 4 o :u tn o o :x: o CO tv W "0 ;p. ø tr:1 tv 0\ o W '"" ....,¡ compounds, fabricates, or produces for sale items of tanqible personal property at a fixed location and which comprises an industrial or manufacturinq plant; 1h. A business establishinq 25 or more lobs to employ 25 or more full-time employees in this County, the sales factor of which, as defined by s. 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than '0.50 for each year the exemption is claimed. No business enqaqed in retail operations as defined herein shall be eliqible for an exemption pursuant to this subsection b; or ~ An office space in this state owned and used by a corporation newly domiciled in this County; provided such office space houses 50 or full-time such more employees of corporation; provided that such business or office .first beqins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. Struok through passages are deleted. added. Underlined passages are 5 o :ö tD o o ;:.:: o Q) N W 'U ;t> ø [!J N (JI o ~ 3.2 -'..,-:.. '-' ....J fh. Any business located in an area desiqnated enterprise Zone that first beqins Operation on a site clearly separate from any other commercial or industrial operation owned by the same business. Expansion of Existinq Business h A business establishinq 10 or more iobs to employ 10 or more full-time emploYees in this County, which manufactures. processes, compounds, fabricates. or produces for sale items of tanqible personal property at a fixed location and which comprises an industrial or manufacturinq plant: or ~ Any business establishinq 25 or more iobs to employ 25 or more full-time employees in this County. the sales factor of which. as defined by s.220.15(5). Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each Year the exemption is claimed provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same business, resultinq in a net increase in employment of not less than 10 percent or Struck th.rouglt pas sages are deleted. added. Underlined passages are 6 o :;0 co o o :x: o CD tv W 'U ;Þ C1 [rJ tv en o U1 ~ ~ · . .. ~~ '-' '-' an increase in productive output of not less than 10 percent. No business enqaqed in retail operations as defined herein shall be eliqible for an exemption pursuant to this subsection b. s.. An business located in an enter rise zone that increases operations on a site colocated with a commercial or industrial operation owned by the same business. ~ Business enqaqed in retail operations _ a business en a ed in a sale to a consumer or to an ebSon of an item of tanqible personal property for any purposes other than for resale. ~ De artment - The Florida De artment of Revenue. ~ Im rovements - Ph sical chan es made to raw land and structures placed on or under the land surface. All ersonal to facilitate an ex ansion of existin an business rovided tha t the ersonal is added or increased on or after the da the ordinance is ado ted. However ersonal uired to re lace shall not be considered to a facilitate businesses expansion. ~ Sales Factor - A fraction the numerator of which is the total sales of the taxpayer in this state durinq the Struo]( through passages are deleted. added. Underlined passages are 7 o ;;a OJ o o :>: o OJ N W ~ ;Þ G) trI N 0\ o 0\ 1 ::", ;~:"'"'''' '-' ...., taxable ear or eriod and the denominator of which is the total sales of the taxpayer everyWhere durinq the taxable eriod. See Section 220.15 5 Florida Statutes for specifics of computation). Section 1-19.3-56. General. The Economic Development Ad Valorem Tax Exemption is a local o tion tax incentive for new or business which ma be ranted or refused at the sole discretion of the Board. To a for such an exem tion a business locatin in the cor orated or unincor orated area of St. Lucie Count must file an a lication Florida De artment of Revenue Form DR-418-. _ See Attachment 1) with the Board. Satisfactor roof that the business meets the criteria for exem tion as a new business or ex ansion of an existin business as defined b this Ordinance must lication. The A lication shall be filed on or before 1 March of the year in which an exemption is requested. Exem tion from Count ranted b the Board. ranted under this Ordinance shall not accrue to im rovements to real made b or for the Use of new or businesses when such im rovements have been included on the tax rolls rior to the referendum authorizin this Ordinance. Section 1-19.3-57. Procedure. to Before the Board acts on an application, it must be submitted raiser for review. After careful consideration Struck through pas sages are deleted. added. Underlined passages are 8 o ::ö tJj o o ;:>;: o (» N W , '1:J ;Þ ø tr1 N 0\ o ....¡ 1 ~ '.:. . . . ::,!i': -:;i, '-' '-' the raiser shall re ort to the Board concernin the fiscal impact of qrantinq exemptions. The raiser's Re ort shall include the followin : L.. The total revenue available to the County for the current fiscal year from ad valorem tax sources. 2.:.. The amount of revenue fore the Count current fiscal ear because of economic develo valorem tax exemptions previously qranted. for the ment ad l.:. An estimate of the amount of revenue which would be fore one for the current fiscal year if the exem tion is qranted to the new or expandinq business. h the After consideration of the report of the Property Appraiser, Board ma choose to the tax Ordinance exem tion to a business. The Ordinance shall be same manner as an other ordinance of the Count . The Ordinance shall include the followinq information; L.. The name and address of the new or expandinq business. 2.:.. The amount of revenue available from ad valorem tax sources for the current fiscal ear revenue fore one for the current fiscal ear because of economic develo ment ad valorem tax exem tions currentl in effect and the amount of estimated revenue which I'-ould be foreaone because of the exem tion ranted to th~ new or ex andin business. l.:. The ex iration date of the eXem tion. U to from date of Board ado tion of the Ordinance exemption} h A findin that the business meets the definition of a new business or an expansion of an existinq business. Struck through passages are deleted. added. Underlined passages are 9 o ::u D:J o o ~ o 00 t.J W ~ '1J ;Þ GJ M tv G\ o 00 . i '-' "-" ~ The Board's business no exemption. authority to revoke an exemption if the Ion er satisfies the criteria for the Section 1-19.3-58. Fees. Fees char the cost of rocessin the Economic Develo ment Ad Valorem Tax lication or an Ordinance shall be adopted by the Board by resolution. Section 1-19.3-59. Eliqib1e Business or Industrv. An business or indust as defined in Section 1-19.3-55 Para ra h 3.1 and 3.2 that does not as an ineli ible business or industry as defined in Section 1-19.3-60. , When considerinq the issue of whether or not a business or indust is an eli ible business as defined herein the Board shall consider the anticipated number of employees, averaqe waqe, type of industr or business of business or roduction or an other information relatin to the issue of whether the ro osed develo ment would si nificantl rove economic develo ment in St. Lucie Count rior to acce the Economic Development Ad Valorem Tax Exemption Application. The criteria for determininq the lenqth of an exemption and the e amount of an ex em be formulateâ b the Board b resolution. The criteria shall provide for incentives for businesses that employ St. Lucie County residents who establish ermanent domicile ursuant to Florida Statutes. Struc]c through passages are deleted. added. Underlined passages are 10 o ::tI IJ:: o o :>;: . o en N W , 'U ~ G) M , N (j\ o \0 f ~ '-' >.,J .Section 1-19.3-60. Ine1iqible Business or Industry. An business or industr in violation of an federal or local law or re ulation environmental matters such as air, water, and noise pollution. Section 1-19.3-61. Appeals; The decision of the Board not to grant an Economic Development Ad Valorem Tax Exem tion to a articular business or industr is sub'ect onl review ursuant to the Florida Rules of Appellate Procedure. Section 1-19.3-62 - 1-19.3-70. Reserved. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Struck througfl passages are deleted. added. Underlined passages are 11 o :u tI:J o o ~ ~ o CO tv W ~ '1:1 ;Þ ø tz:1 f tv 0\ f-I o ~ t 1 """ ....., PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This Ordinance shall take effect only upon approval by the voters on November 3, 1992 of the ballot question authorized by the Board in Resolution No. 92-175. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word ""ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to G shall not be codified. StrucJc through passages are deleted. added. Underlined passages are 12 o ::t:J OJ o o ;>;: o CO N W , '1:1 :Þ G1 ty N (f\ f-1 f-1 . t , '--' .....,¡ . . PASSED AND DULY ADOPTED THIS 6th day of October, 1992. ATTEST: BOARD OF COUNTY COMMISSIONERS/\-, ST. LUCIE COUNTY ,FLORIDA·. :,' ~' ~. ........... ';..' .. ~' '.', ' . ..~> , . . . . 1 CHAIRMAN . . 'j \ j " t',., v .. :.;;. t. - .; . Struok through passages are deleted. added. Underlined passages are 13 ..c o ::0 ro o o ;>;: o CD tv W ~ '1:J :Þ ø trJ ~ ~ fool tv , J Ð?uglas Dixon, r-~rk of the Circuit Court ·t. Lucie County FÜe Number: J., \;,.._.:1. 1 7 1 7 OR BOOK 0, 3 PAGE 035 7 Recorded: 10-27-~ 02:43 P.M. ......r RESOLUTION NO. 92-264 A RESOLUTION ESTABLISHING A PROPERTY TAX EXEMPTION PHASE OUT SCHEDULE AND PROPERTY TAX EXEMPTION ELIGIBILITY RATE SCHEDULE FOR NEW OR EXPANDING BUSINESS APPLYING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PURSUANT TO ORDINANCE NO. 92-24 WHEREAS, the Board of County Commis sioners of St. Lucie County, Florida, has made the following determinations: 1. i On September 8, 1992, this Board adopted Resolution 92- 175 which implemented the provisions of Section 196.1995, Florida Statutes which authorized the Board of County Commissioners the authority to call a referendum on the issue of granting a local Option Economic Ad Valorem Tax Exemption. 2. On October 6, 1992, this Board adopted Ordinance No. 92- 24, which amended Chapter 1-19.3 (TAXATION) of the Code of Ordinances of St. Lucie County, Florida, by creating Article V - Economic Development Ad Valorem Tax Exemption. Enactment of Ordinance No. 92-24 is contingent on a majority vote in the November referendum election. 3. Section 1-19.3-59 (Eligibility Business or Industry) of Ordinance No. 92-24 provides for the formulation of criteria for determining the length of an exemption and the percentage amount of an exemption pursuant to resolution of this Board. NOW 1 THEREFORE 1 BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby adopts the Property Tax Exemptions Phase Out Schedule and Property Tax Eligibility Chart, attached 1 , "-' 'wi hereto and referred to collectively as "Exhibit A," for purposes of establishing eligibility of a tax exemption for new or expanding businesses pursuant to Ordinance No. 92-24. 2. This Board shall provide incentives for businesses to employ St. Lucie County residents. These incentives shall be the following: a) If a business can verify after the first year of exemption that sixty percent (60%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to one additional year from the standard exemption as set forth on "Exhibit A." b) If a business can verify after the first year of exemption that eighty percent (80%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to two additional years from the standard exemption as set forth on "Exhibit A." 3. The Board shall have the discretion to modify the eligibility requirements based on other significant factors including, but not limited to, the following: a) The increase in local employment attributable to the new or expanding business; b) The unemployment and underemployment available local labor force and the types of jobs created therein; of the and wages c) The amount of capital investment purchased by the new or expanding business; d) The ability of the county to otherwise meet its total fiscal needs should the requested exemption be granted; e) The cost of any increased local government services, including but not limited to roads, water, sewer, gas and law enforcement, and other direct expenditures associated with that specific business. 2 o ::a to o o /<: o 00 f-l tv "0 ;Þ CJ l'1 o tv lJ1 œ '-" ...., After motion and second, the vote on this resolution was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner R. Dale Trefelner AYE Commissioner Havert L. Fenn AYE Commissioner Judy Culpepper AYE PASSED AND DULY ADOPTED this 20th day of October, 1992. ATTEST: ~. BOARD OF COUNTY COMMIS$IONERS' ST. LUCIE COUNTY, FLqRIDA, . . , .' .. . ~., ~rman: . "", ...... ~.: : ./ Yìz~~¥dJ &Z5U- D~»¥~:~::~..~~~~~ ,pI... Ö;.- í;·'·~' .... '-''¡ .%, 10~~·/~r.;m~~ .~!:?> "\::;~ \\ .' ! i1 . - "'.\ . _..~ 4 ~~~{tt}~iÌ:i~J By: ..J) ;;'}. ,~ APPROVED AS TO FORM AND ". CO~CTNESS: () l);141~ County Attorjey // ./ 3 0 ::<J b::I 0 0 ;:<: 0 ()) f-1 W . '" ;Þ C) C"1 0 W U1 IJJ 1 j '-' ......, PROPERTY TAX EXEMPTION ELIGIBILITY ELIGIBILITY (number of years) NUMBER OF STANDARD 60% SLC 80% SLC EMPLOYEES EXEMPTION RESIDENTS RESIDENTS 10 - 24 5' 6 7 25 - 49 6 7 8 50 - 99 7 8 9 100 - 199 8 9 10 200 + ( DISCRETION OF COMMISSION) . Less than five (5) years is left to the discretion of the Board. "EXHIBIT A" 0 ~ c:ø 0 0 ;;;: 0 CO 1-1 W . '1:J » C) t'1 0 W 0' 0 J j ST. LUCIE CI'TJNTY BOARD OF COUNTY COM)\>rtSSIONERS ' ECONOMIC DEVEL~ENT AD VALOREM TAX EXEl\th,¡ fION APPLICATION' Ordinance No. 92-24, S1. Lucie County Code of Ordinances, Chapter 196, Florida Statutes To be filed with the Board of County CommissionersofS1. Lucie County, Florida, no later than March I of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested. COUNTY ELECTRIC SUPPLY CO. LTD. I. Business Name and Mailing Address: dba TAMLITE LIGHTING 660 N W PEACOCK DRIVE PORT SAINT LUCIE, FL 34986 2. Please give name and telephone number of Owner or Person in Charge of this business: Name: JANES HENDERSON Telephone Number: 407-541-6006 3. Exact Location (Legal Description and Street Address) of Property for which this return IS filed: 23 36S 39E St. Lucie West Plat #14 Commerce Park Phase 2 B1k 2 Lot 1-38 (or 1139-2566) . 4. Date you began, or will begin, business at this facility: 3/2,6/98 5. a. Description of the improvements to real property for which this exemption is requested: _ 30,000 Square Foot Addition to Building b. Date of commencement of construction of improvements: Tilly lqqq Received building Cert. of Occpancy April 2000 6. a. Description of the tangible personal property for which this exemption is requested and date when property was, or is to be, purchased: Taxpayer's APPRAISER'S Estimate Taxpayer's USE Date of Estimate of ONLY of Original Condition Fair Market Class of Item Age Purchase Cost Good Avg. Poor Value Condition Please see attached . , 1 '-' ......, b. Average Value ofInventoryon hand: 911,138 c. Any additional personal property not listed above for which an exemption is claimed must be returned on form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form. 7. Do you desire exemption as a: "New Business" or as an ~ "Expansion of an Existing Business" 8. Describe the Type or Nature of Your Business: Electrical Goods Manufacturing 9. Trade Level (Check as many as apply): Wholesale ~ Manufacturing X Service Office Other Professional 10. a. Number of full-time employees to be employed in St. Lucie County, Florida 44 b. If an expansion of an existing business: (#Employees Feb 2000: 26) Net increase in Employment 59% (lIEmployees F~b 200l~ 44) (I) (2) Increase in productive output resulting from this expansion 58.75% 11. Sales factor for the facility requesting exemption: 3/26/00- Total sales in Florida from this facility-One (I) location only Total sales everywhere from this facility-One (1) location only 1/25/01 1033656. 1280231. divided by = 80.74% 12. For office space o~ed and used by a corporation newly domiciled in Florida: a. Date of incorporation in Florida: . January 1996 . b. Number of Full-time employees at this location: 44 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. 2 "-'" ...., I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statutes as incorpomted by Ordinance No. 92-24, St. Lucie County Code of Ordinances. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) DATE: 21 Feb 2001 SIGNED:~ ~ . . (Preparer) P.O. BOX 609521 Or1ando,FL 32860 (Preparer's Address) SIGNED: TITLE: Treasurer 407-542-0008 (Preparer's Telephone Number) PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: 68,695,677.12 2. Revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 106,041.79 3. Estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subjectto taxation: 27,298.77 5. Estimate of the taxable value lost to the county if the exemption applied for were granted: 3,051,642 Estimated number of St. Lucie County residents to be employed in county: 44- new 18 Improvements to real property 1,012,200 Personal Property 2.039 ,442 I have determined that the property listed above meets the definition, as defined by Section 196.012(15) or (16), Florida Statutes, as incorporated by Ord. No. 92-24, St. Lucie County Code of Ordinances as a New Business , as Expansion of an Existing business X , or Neither Last year for which exemption may be applied: 2007 4. . 6. DATE: SIGNED: 7. RETURN TO BE FILED NOT LATER THAN MARCH 1 3 '-" ..; ORDINANCE NO. 01-19 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY ; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR COUNTY ELECTRIC SUPPLY CO. L TD. D/B/A T AMLITE LIGHTING, 660 N.W. PEACOCK DRIVE, PORT ST. LUCIE, FLORIDA, AN EXPANDING BUSINESS; PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD VALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO COUNTY ELECTRIC SUPPLY CO. LTD. D/B/A TAMLITE LIGHTING; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT COUNTY ELECTRIC SUPPLY CO. LTD. D/B/A T AMLITE LIGHTING MEETS THE DEFINITION OF AN EXPANDING BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I « Short Title This Ordinance shall be known as County Ordinance No. 01-19 "Economic Development Ad Valorem Tax Exemption - County Electric Supply Co. Ltd. d/b/a Tamlite Lighting ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax '-" ...."" Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an exemption from ad valorem taxation of the assessed value of County Electric Supply Co. Ltd. d/b/a Tamlite Lighting, 660 N.W. Peacock Drive, Port St. Lucie, Florida, in accordance with the following exemption phase out schedule: Year 1 (Fiscal Year 2001-02) Year 2 Year 3 Year 4 Year 5 100'10 80'10 60'10 40io 20io No exemption shall be granted on the land on which improvements are made by County Electric Supply Co. Ltd. d/b/a Tamlite Lighting. ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is $68,695,677.12. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $106,041.79. Revenues f to be lost by granting of this exemption for the current fiscal year are estimated to be $27,298,77. I ARTICLE IV Expiration Date The Economic Development Ad Valorem Tax Exemption granted to County Electric Supply Co. Ltd. d/b/a Tamlite Lighting, an expanding business shall be for five (5) years from the date of Board adoption of this Ordinance. '-' ...., ARTICLE V Finding The Board of County Commissioners of St. Lucie County, Florida, finds that County Electric Supply Co. Ltd. d/b/a Tamlite Lighting is an expanding business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption if County Electric Supply Co. Ltd. d/b/a Tamlite Lighting no longer satisfies the criteria set out above. ARTICLE VI Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. . ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. I ARTICLE VIII Adoption After motion and second, the vote on this Ordinance was as follows: '-'" .....,; Chairman Frannie Hutchinson XX Vice Chairman Doug Coward XX Commissioner John Bruhn XX Commissioner Paula Lewis XX Commissioner Cliff Barnes XX PASSED AND DULY ADOPTED this _ day of . 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ( ~\/ '-" AGENDA REQUEST ITEr NO. (!(í;F DATE: August 28, 2001 REGULAR [] PUBLIC HEARING [] f CONSENT [XX] f TO: BOARD OF COUNTY COMMISSIONERS PREsENTED BY: 4 SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney f SUBJECT: 2001 Economic Development Ad Valorem Tax Exemption Application - Convergys Customer Management Group Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: , ~ PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board: (1) Accept the report of the Property Appraiser; and, (2) Grant permission to advertise Ordinance No. 01-20 for a public hearing on September 11, 2001, at 9:00 a.m. which is a day meeting. [x] APPROVED [ ] DENIED [ ] OTHER: D glas Anderson ounty Administrator COMMISSION AmON: ~ Review and Approvals County Attorney: 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. 01-2042 DATE: August 22, 2001 · SUBJECT: 2001 Economic Development Exemption Application - Convergys Customer Management Group Inc. t ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- , BACKGROUND: t On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law, a copy of which is attached. The ordinance was adopted subject to a referendum held on November 3,1992 which passed. Also attached is a copy of Resolution No. 92-264 adopted on October 20,1992 establishing a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses. I ~ Attached is an application filed by Convergys Customer Management Group Inc. ("Convergys"). As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the findings state, Convergys submitted the required information and met the statutory definition of a new business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $2,918,115. The estimate of revenue lost to the County if the exemption was granted during the current fiscal year is $26, 104.29. The application reflects that 1,000 St. Lucie County residents to be employed by Convergys. Under the property tax eligibility chart, it appears that Convergys would receive a ten (10) year exemption, phased as follows: \r ...,,¡ Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 100':"0 90':"0 80':"0 70':"0 60'ro 50'ro 40'ro 30'ro 20% 10 'Yo . . 4 Also attached is a copy of draft Ordinance No. 01-20 which, if adopted, would grant Convergys an economic ad valorem tax exemption for a period of ten (10) years. f RECOMMENDATION/CONCLUSION: f Staff recommends that the Board: « 1. Accept the report of the Property Appraiser. 2. Grant permission to advertise Ordinance No. 01-20 for a public hearing on September 11, 2001. Respectfully submitted, Daniel S. McIntyr County Attorney¡ DSM/caf Attachments , . . ... ~ s .. '-' '-' ORDINANCE NO. 92-24 AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CREATING ARTICLE V (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS) RELATING TO ST. LUCIE COUNTY f FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR CERTAIN NEW AND EXPANDING BUSINESS PROPERTIES; PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING PROCEDURES FOR APPLICATION FOR EXEMPTION¡ SPECIFYING DUTIES OF THE PROPERTY APPRAISER IN CONNECTION· WITH SUCH PROPERTY; PROVIDING FOR CONFLICTING PROVISIONS¡ SEVERABILITY AND APPLICABILITY¡ FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION¡ AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 196.1995, Florida Statutes, provides the Board of County Commissioners may hold a referendum granting Economic Development Ad Valorem Tax Exemptions under section 3, Article VII of the State Constitution. 2. This Board believes that amending Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, by creating Economic Development Ad Valorem Tax Exemptions for a new or expanding business is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOWt THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: I3truc]\. through. passages are deleted. added. Underlined passages are 1 ;¡:]'"rJc... ro f-'·O nf-'~ o ro ;:1 '1 ;:¡ o.zro ro ~ 0. ::I: .. 0 (D """ o~~ f-' ::J I oJ t;;f-1n IN""" U) (1) wN~ 010 ~¡þ.M, ;;;00:; 01'>0'\(1) ~ n . f-'. ::;:: '1 n o¡:: ::0 f-'. ¡t td on 00 ~¡:: '1 ¡t 01 OOm N~ Wt"" ¡:: n f-'. "Oro ~ C1n [r]O ¡:: ;:1 NQ" 0\ o o . 4 f ~ 4 . 1 ~ \wo' -.I PART A. AMENDMENT CODE OF FLORIDA. OF CHAPTER 1-19.3 (TAXATION) OF THE ORDINANCES OF ST. LUCIE COUNTYr Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie CountYr Florida, is hereby amended by creating Article V (Economic Development Ad Valorem Tax Exemptions) to read as follows: Chapter 1-19.3 TAXATION ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS Section 1-19.3-51. Short Title. This Ordinance shall be known as County Ordinance No. 92-24, "Economic Development Ad Valorem Tax Exemption Requlations of St. Lucie County. Florida." Section 1-19.3-52. . Enactment and Authority_ ~ursuant to Section 3. Article VII of the State Constitution and in accordance with Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules, Chapter 12D-7. Florida Administrative Code, incorporated municipalities and counties individually or in combination are authorized and empowered to adopt, amend or revise and enforce an ordinance relatinq to economic development ad valorem tax exemptions, after the electors of such municipality or county, votinq on the question in a referendum. authorize the adoption of such ordinance. Struc]c through passages are deleted. added. Underlined passages are 2 o :a D; o o :;<: . o CD N W "d ;Þ ø tr] ~ N 0\ o f-1 . t '·h "'" '...I ,Section 1-19.3-53. Jurisdiction. The area subiect to this Ordinance shall be incorporated and unincorporated St. Lucie County. Section 1-19.3-54. Purpose and Intent. The public health, safety, comfort, economy, order, convenience and qeneral welfare require the harmonious, orderly and ro ressive develo ment of new business and ex ansion of existin business within Florida and its incorporated municipalities and counties. In furtherance of this qeneral purpose counties by Chapters 125, 163, 192, 196 and 214, Flòrida Statutes and Florida Department of Revenue Rules, Chapter 12D-7, Florida Administrative Code, are authorized and empowered to adopt, amend' or revise and enforce measures relatinq to economic development ad valorem tax exemptions for new business and expansion of existinq business. It is the intent· of this Ordinance to secure or to ensure: ~ The establishment of criteria for qrantinq such exemptions to certain types of businesses or industries or for denyïnq exemptions on a rational, nonarbitrary, nondiscriminatory basis by the Board of County Cormnissioners. ~ No precedent shall be implied or inferred by the qrantinq of an exemption to a new or expandinq business. Applications for exemptions shall be considered bv the Board of Count v Commissioners on a case-by-case basis for each application, after consideration of the Property Appraiser's report on that application. l", Any exemption qranted shall apply up to one hundred percent (100%) of the assessed value of all improvements to real property made by or for the use of a new business and all tanqible personal property of such new business, or up to one hundred percent (100%) of the assessed value of all added improvements to real property which additions are made to facilitate the expansion of an Struck through passages are deleted. added. Underlined passages are 3 0 . ::u OJ 0 0 ::>: 0 CD N W 't1 :Þ G1 [I N . 0\ 0 N 4 '-' "wII and of the net increase in all tanqible ersonal ro ert ac uired to facilitate such ex ansion of an existinq business. .L. Anv exemption shall be up to a full ten (10) vear period from the time the exemption ~s qranted. .i..:. No exemption shall be qranted on the land which new or expanded businesses are to be located. L.. No exemption shall be qranted on school or water manaqement district taxes, or on taxes levied for payment of bonds or taxes authorized a vote of the electors of the Countv pursuant to Sections 9 or 12, Article VII, of the State Constitution. Section 1-19.3-55. Definition of Terms. meanin s attributed to them in current Florida Statutes and the The followinq words, phrases and terms shall have the same Florida Administrative Code, exceot where the context clearlv indicates otherwise: .L. A licant An erson or cor oration submittin an Economic Development Ad Valorem Tax Exemotion application to the Board. ~ Board - The St. Lucie County Board of Commissioners. .h Business Anv activity enqaqed in by any person, corporation or company with the obiect of private or ublic crain benefit or advanta e either direct or indirect. 3.1 New Business _ 'ª-=- A business establishinq 10 or more iobs to emplov 10 or more full-time employees in this County, which manufactures, processes, Struck through passages are deleted. added. Underlined passages are 4 o :tJ OJ o o ~ . o CO N lù 4 '"d :Þ ø M ~ N 0\ o lù . ~ 4 , h '-' ....,.¡ compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturinq plant; A business establishinq 25 or more lobs to employ 25 or more full-time employees in this County, the sales factor of which, as defined by s. 220.15 (5), Florida Statutes, for the facility with respect to which it requests an economic development ·ad valorem tax exemption is less than '0.50 for each year the exarnption is claimed. No business enqaqed in retail operations as defined herein shall be eliqible for an exemption pursuant to this subsection b; or ~ An office space in this state owned and used by a corporation newly domiciled in this County; provided such office space houses 50 or full-time such more employees of corporation; provided that such business or office first beqins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. Struck through passages are deleted. added. Underlined passages are 5 o " CJJ o o :>: · o Q) N W · '"( ;Þ G1 [T] N 0\ o ¡þ. · · 1 - '-' .....,¡ .9..:.. Any business located in an area desiqnated enter rise zone that first be a site clearly separate from any other commercial or industrial operation owned by the same business. 3.2 Expansion of Existinq Business ~ A business establishinq 10 or more -jobs to employ 10 or more full-time employees in this County, which manufactures. processes, Compounds, fabricates, or produces for sale items of tanqible personal property at a fixed location and which comprises an industrial or manufacturinq plant; or ~ Any business establishinq 25 or more -jobs to employ 25 or more full-time employees in this County, the sales factor of which. as defined by s.220.15(5). Florida Statutes, for the. facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each Year the exemption is claimed provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same business, resultinq in a net increase in employment of not less than 10 percent or StrucJc through passages are deleted. added. Underlined passages are 6 f 0 ::u to 0 0 ;:>;: 0 OJ f tv W 'U ;Þ ø tT] tv G1 0 (J1 "., "-' 'WI an increase in productive outout of not less than 10 percent. No business enqaqed in retail operations as defined herein shall be eliqible for an exemption pursuant to this subsection b. ~ An business located in an enter rise zone that increases operations on a site colocated with a commercial or industrial operation owned by the same business. 3.3 Business enqaqed in retail operations _ a business en a ed in a sale to a consumer or to an e:¡¡;son of an item of tanqible personal property for any purposes other than for resale. ~ De artment - The Florida De artment of Revenue. ~ rm rovements - Ph sical chan es made to raw land and structures placed on or under the land surface. All ersonal an to facilitate ex ansion of an existin business rovided that the ersonal is added or increased on or after the da the ordinance is ado ted. ersonal However to re lace existin shall not be considered to a facilitate businesses expansion. ~ Sales Factor - A fraction the numerator of which is the total sales of the taxpayer in this state durinq the Struck through passages are deleted. added. Underlined passages are 7 4 0 ~ OJ 0 0 ~ 0 QJ . N W f '1J ;Þ G1 C11 f N 0\ 0 0\ 4 ·. '-' "'wI taxable eriod and the denominator of which is the total sales of the taxpayer everyWhere durinq the taxable year or period. (See Section 220.15(5), Florida Statutes for specifics of computation) . Section 1-19.3-56. General. The Economic Development Ad Valorem Tax Exemption is a local o tion tax incentive for new or business which ma be ranted or refused at the sole discretion of the Board. for such an exemption a business locatinq or expandinq in the cor orated or unincor orated area of St·. Lucie Count must file an a lication Florida De artment of Revenue Form DR-418-. - See Attachment 1) with the Board. Satisfactory proof that the business meets the criteria for exem tion as a new business or ex ansion of an existin business as defined by this Ordinance must accompany the Application. The APPlication shall be filed on or before 1 March of the year in which an exemption is requested. Exemption from County tax may onlv be qranted by the Board. The exemption qranted under this Ordinance shall not accrue to im rovements to real made b or for the use of new or ex businesses when such im rovements have been included on the tax rolls prior to the referendum authorizinq this Ordinance. Section 1-19.3-57. Procedure. Before the Board acts on an application, it must be submitted to raiser for review. After careful consideration Struc]~ through passages are deleted. added. Underlined passages are 8 o ::u OJ o o ::>:: o ( ) N W . '1::1 ;Þ ø t'1 4 N 0'1 o --J ·:,H':::i '-' '-' the raiser shall re ort to the Board concernin the fiscal impact of qrantinq exemptions. The raiser's Re ort shall include the followin : L. The total revenue available to the County for the current fiscal year from ad valorem tax sources. L. The amount of revenue fore the Count current fiscal ear because of economic develo valorem tax exemptions previously qranted. for the ment ad b An estimate of the amount of revenue which would be fore one for the current fiscal year if the exem tion is qranted to the new or expandinq business. .L. After consideration of the report of the Property Appraiser, the Board ma choose to ado Ordinance the tax exem tion to a business. The Ordinance shall be ado ted in the same manner as an other ordinance of the Count The Ordinance shall include the followinq information~ L. The name and address of the new or expandinq business. L. The amount of revenue available from ad valorem tax sources for the current fiscal Year, revenue foreqone for the current fiscal year because of economic development ad valorem tax exemptions currently in effect. and the amount of estimated revenue which "..-ould be forecrone because of the exem tion ranted to th= new or ex andin business. b The ex iration date of the from date of Board adoption exemption) .L. A findin that the business meets the definition of a new business or an expansion of an existinq business. Struok th:::-ough passages are deleted. added. Underlined passages are 9 0 ::0 OJ 0 0 ~ 0 · CO tv W · '0 ;Þ CJ · t'1 tv 0\ 0 CO '-' -' ~ The Board's business no exemption. authority to revoke an exemption if the Ion er satisfies the criteria for the Section 1-19.3-58. Fees. Fees charcred to offset the cost of orocessinq the Economic Develo ment Ad Valorem Tax lication or an Ordinance shall be adopted by the Board by resolution. Section 1-19.3-59. E1iqib1e Business or Industry. An business or indust as defined in Section 1-19.3-55 Para ra h 3.1 and 3.2 that does not as an ineli ible business or industry as defined in Section 1-19.3-60. When considerinq the issue of whether or not a busiQess or industry is an eliqible business as defined herein, the Board shall consider the anticipated number of employees, averaqe waqe, type of industry or business, environmental impacts, volume of business or roduction or an other information' relatin to the issue of whether the ro osed develo ment would si nificantl rove economic develo ment in St. Lucie Count rior to acce the Economic Development Ad Valorem Tax Exemption Application. The criteria for determininq the lenqth of an exemption and the e amount of an exem be formulateâ b the Board b resolution. The criteria shall provide for incentives for businesses that employ St. Lucie County residents who establish ermanent domicile ursuant to Florida Statutes. £truc]c through passages are deleted. added. Underlined passages are 10 o ;:a tx:J o o " o CO tv W . "C :Þ G) t'1 4 tv (J'¡ o \D '- ....." .Section 1-19.3-60. Ineliqible Business or Industry. An business or industr in violation of an federal or local law or re ulation environmental matters such as air, water. and noise pollution. Section 1-19.3-61. Appeals. The decision of the Board not to qrant an Economic Development Ad Valorem Tax Exemption to a particular business or industry is sub' ect anI 'udicial review ursuant to the Florida Rules of Appellate Procedure. Section 1-19.3-62 - 1-19.3-70. Reserved. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Struc]c through passages are deleted. added. Underlined passages are 11 o ;¡: co o o =" o (I) N W 'U ;Þ ø tt1 , N G\ ~ o '- ....,¡ PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This Ordinance shall take effect only upon approval by the voters on November 3, 1992 of the ballot question authorized by the Board in Resolution No. 92-175. PART F. ADOPTION. After motion and second, the vote pn this ordinance was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County,· Florida, and the word ""ordinançe" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to G shall not be codified. EtrucJc through passages are deleted. added. Underlined passages are 12 o ::ö to o o ::<: o CD N W "C1 :Þ G) t:<1 N (J\ f-I f-I . '-' ~ PASSED AND DULY ADOPTED THIS 6th day of October, 1992. ATTEST: BOARD OF COUNTY COMMISSIONERSI!., " ' l. ST. LUCIE COUNTY, .FLORIDA :: n____) ~.\ ~ ~ 1 CHAIRMAN . .-.;/ \ . j oJ, t._· £t:r:ucJc through passages are deleted. added. Unde:r:lined passages are 13 '" o :a to o o ;:>;: o CO tv W . '0 ;Þ ø trJ . tv 0\ f-J tv ~ J 7 Douglas Dixon, r rk of the Circuit Court Fi 1e Number: ] ~ J.. J.. 7 l 7 OR BOOK Recorded: 10-27-92 02:43 P.M. -- t. Lucie County O~l 3 PAGE 035 7 RESOLUTION NO. 92-264 A RESOLUTION ESTABLISHING A PROPERTY TAX EXEMPTION PHASE OUT SCHEDULE AND PROPERTY TAX EXEMPTION ELIGIBILITY RATE SCHEDULE FOR NEW OR EXPANDING BUSINESS APPLYING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PURSUANT TO ORDINANCE NO. 92-24 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: . 1. On September 8, 1992, this Board adopted Resolution 92- 175 which implemented the provisions of Section 196.1995, Florida Statutes which authorized the Board of County Commissioners the authority to call a referendum on the issue of granting a local Option Economic Ad Valorem Tax Exemption. 2. On October 6, 1992, this Board adopted Ordinance No. 92- 24, which amended Chapter 1-19.3 (TAXATION) of the Code of Ordinances of St. Lucie County, Florida, by creating Article V - Economic Development Ad Valorem Tax Exemption. Enactment of Ordinance No. 92-24 is contingent on a majority vote ~n the November referendum election. 3. Section 1-19.3-59 (Eligibility Business or Industry) of Ordinance No. 92-24 provides for the formulation of criteria for determining the length of an exemption and the percentage amount of an exemption pursuant to resolution of this Board. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby adopts the Property Tax Exemptions Phase Out Schedule and Property Tax Eligibility Chart, attached 1 '-' ....,¡ hereto and referred to collectively as "Exhibit A," for purposes of establishing eligibility of a tax exemption for new or expanding businesses pursuant to Ordinance No. 92-24. 2. This Board shall provide incentives for businesses to employ St. Lucie County residents. These incentives shall be the following: a) If a business can verify after the first year of exemption that sixty percent (60%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to one additional year from the standard exemption as set forth on "Exhibit A." b) If a business can verify after the first year of exemption that eighty percent (80%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to two additional years from the standard exemption as set forth on "Exhibit A." 3. The Board shall have the discretion to modify the eligibility requirements based on other significant factors including, but not limited to, the following: a) The increase in local employment attributable to the new or expanding business; b) The unemployment and underemployment available local labor force and the types of jobs created therein; c) The amount of capital investment purchased by the new or expanding business; of the and wages d) The ability of the county to otherwise meet its total fiscal needs should the requested exemption be granted; e) The cost of any increased local goverrunent services, including but not limited to roads, water, sewer, gas and law enforcement, and other direct expenditures associated with that specific business. 2 o ::0 t::J o o ;;;:: o CO f-J W '1:1 :Þ a trI o (¡J {jJ CO '-' 'wi After motion and second, the vote on this resolution was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner R. Dale Trefelner AYE Commissioner Havert L. Fenn AYE Commissioner Judy Culpepper AYE PASSED AND DULY ADOPTED this 20th day of October, 1992. ATTEST: , BOARD OF COUNTY COMMI~~ÐNERS· ST. LUCIE COUNTY, FL~RIDÄ ... 9= :,,~~ ~ . Cha~rman:· .'", a/. .:..~ . oJ - l/)¿¿¿~~~~ De:tlt!Y; tCl ò":':}Q~ if ., .·::·:,...·~c, .~ c~., <:::.,~ c--.< '.,._.»'~ l~~'~ /-' ~-=.>/t~\ '\:~~~"~ f""~ t ~.,._" ,_.~;~ ~! ~ i Ii--;..;::;";">' ~ -';~,4 .~ ...- . ,. . .. J ~~~~lrG~Ìi:tj/ -, By: APPROVED AS TO FORM AND CORRECTNESS: 0 lilJttlx County AttOjey / /' _/ ,! -~ ,;<1; .:¡ 3 a ::ó b:I a o à o iJj ~ W ""C > o M o w Ú1 lD ~ ....., PROPERTY TAX EXEMPTION ELIGIBILITY ELIGIBILITY (number or years) NUMBER OF STANDlŒD 60% SLC 80% SLC EMPLOYEES EXEMPTION RESIDENTS RESIDENTS 10 - 24 5' 6 7 25 - 49 6 7 8 50 - 99 7 8 9 100 - 199 8 9 10 200 + (DISCRETION OF COMMISSION) . Less than five (5) years is left to the discretion of the Board. "EXHIBIT A" 0 ::c t;J 0 0 ?': 0 CD f-J W C '" > CJ rrr 0 W 0\ 0 ST. LUCIE\.,.tIUNTY BOARD OF COUNTY CO.,...¡IISSIONERS ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION APPLICATION Ordinance No. 92-24, St. Lucie County Code of Ordinances, Chapter 196, Florida Statutes To be filed with the Board of County Commissioners of St. Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested. 1. Business Name and Mailing Address: Convergys Customer Management Group Inc. Corporate Tax Dept., 201 East Fourth Street, Cincinnati, Ohio 45201 2. Please give name and telephone number of Owner or Person in Charge of this business: Name: Mark Gartner Telephone Number: (513) 723-8947 . 3. Exact Location (Legal Description and Street Address) of Property for which this return lS filed: 4100 Okeechobee Road, Ft. Pierce, FL 34947 See attached Legal Property Description. 4. Date you began, or will begin, business at this facility: Aug.ust 2000 5. a. Description of the improvements to real property for which this exemption is requested: _ Rp.nov~tpn 'h,S?q ~~ fr nf rhp nT~nEP Rln~~nm M~l' rn hO 1t~ø~ ~~ ~ C~'l ~~nror facility. Improvements include building fit-up, cons traction of training classrooms, installation of carpet, auxilIary power, UPS, transfer switch, . . ~~~~lLY syscem and slgnage. Date of commencement of constructIOn of lmprovemen : T"nc '(OQQ b. 6. a. Description of the tangible personal property for which this exemption is requested and date when property was, or is to be, purchased: Taxpayer's APPRAISER'S Estimate Taxpayer's USE Date of Estimate of ONLY of Original Condition Fair Market Class ofItem Age Purchase Cost Good Avg. Poor Value Condition SEE ATTACHED LISTIW . .. ~ ...", b. Average Value ofInventory on hand: N/A c. Any additional personal property not listed above for which an exemption is claimed must be returned on form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form. 7. Do you desire exemption as a: x "New Business" or as an _ "Expansion of an Existing Business" 8. Describe the Type or Nature of Your Business: Provides out sourced customer contact solutions such as technical support and customer service, via telephone, Internet and ma~l. t 9. Trade Level (Check as many as apply): Wholesale _ Manufacturing Service X Office Other Professional 10. a. Number of full-time employees to be employed in St. Lucie County, Florida 1,000 FTE b. If an expansion of an existing business: (1) Net increase in Employment N/A (2) Increase in productive output resulting from this expansion N/A 11. Sales factor for the facility requesting exemption: See Note Below Total sales in Florida fÌ'om this facility-One (1) location only Total sales everywhere from this facility-One (1) location only divided by = 12. For office space o\YIled and used by a corporation newly domiciled in Florida: a. Date of incorporation in Florida: N / A b. Number of Full-time employees at this location: N/A 13. If requesting an exemption due to location in a slum or blighted area. please furnish such additional information as required by the Board of County Commission or Property Appraiser. NOTE: Convergys receives calls from across the United States in this facility; no one state represents 50% of the total sales. Two major clients are served in the CMG Ft. Pierce location; one is headquartered in Texas and the other is headquartered in New York. 2 '- ....., I hereby request .the adoption of an ordinance granting an exemption from ad valorem taxation on the above property purs.uant to SectIOn 196.1995, Florida Statutes as incorporated by Ordinance No. 92-24, St. Lucie County Code of Ordmances. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein. I hereby certifY that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) DATE: 'd-( { )/0 { SIGNED: (Pre parer) SIGNED: {()'\~'+~~ (Taxpayer) (Preparer's Address) TITLE: ,455¡)TÆ¡ví 7X5t J uR£.,;<.. (Preparer's Telephone Number) PROPERTY APPRAISER'S USE ONLY - 1. Total revenue available to the county or municipality for the current fiscal year fÌ'om ad valorem tax sources: 68,695,677.12 2. Revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 106,041. 79 3. Estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subj ectto taxation: 26 .104.29 4. Estimate of the taxable value lost to the county if the exemption applied for were granted: 2,918,115 5. Estimated number of St. Lucie County residents to be employed in county: 1.000 Improvements to real property 231,600 Personal Property 2,686,515. 6. I have detennined that the property listed above meets the definition, as defined by Section 196.012(15) or (16), Florida Statutes; as incorporated by Ord. No. 92-24, S1. Lucie County Code of Ordinances as a New Business X , as Expansion of an Existing business , or Neither 7. Last year for which exemptionmay be applied: at Board I s discretion- DATE: SIGNED: RETURN TO BE FILED NOT LATER THAN MARCH 1 3 '-' ..",.¡ ORDINANCE NO. 01- 20 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR CONVERGYS CUSTOMER MANAGEMENT GROUP INC., 4100 OKEECHOBEE ROAD, FORT PIERCE, FLORIDA, A NEW USINESS; PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD VALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO CONVERGYS CUSTOMER MANAGEMENT GROUP INC.; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT CONVERGYS CUSTOMER MANAGEMENT GROUP INC. MEETS THE DEFINITION OF A NEW BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I Short Title This Ordinance shall be known as County Ordinance No. 01-20 "Economic Development Ad Valorem Tax Exemption - Convergys Customer Management Group Inc. ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax '-r ...." Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an exemption from ad valorem taxation of the assessed value of Convergys Customer Management Group Inc., 4100 Okeechobee Road, Fort Pierce, Florida, in accordance with the following exemption phase out schedule: Year 1 (Fiscal Year 2001-02) Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 100'ro 90'ro 80'ro 70/'0 60/'0 50'ro 40/'0 30/'0 20/'0 10 /'0 No exemption shall be granted on the land on which improvements are made by Convergys Customer Management Group Inc. ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is $68,695,677.12. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $106,041.79. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $26,104.29. ARTICLE IV Expiration Date '-' 'WI The Economic Development Ad Valorem Tax Exemption granted to Convergys Customer Management Group Inc., a new business shall be for ten (10) years from the date of Board adoption of this Ordinance. . ARTICLE V Finding The Board of County Commissioners of St. Lucie County, Florida, finds that Convergys Customer Management Group Inc. is a new business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reServes the right to repeal the exemption if Convergys Customer Management Group Inc. no longer satisfies the criteria set out above. ARTICLE VI Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. '-' .....,¡ ARTICLE VIII Adoption After motion and second, the vote on this Ordinance was as follows: f Chairman Frannie Hutchinson xx Vice Chairman Doug Coward xx Commissioner John Bruhn xx Commissioner Paula Lewis xx Commissioner Cliff Barnes xx PASSED AND DULY ADOPTED this _ day of ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ·., '" . AGENDA REQUEST ~ ITEM NO. C0~ DATE: August 28, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SuBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: 2001 Economic Development Ad Valorem Tax Exemption Application - Florida Marble Industries, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board: (1) Accept the report of the Property Appraiser; and, (2) Grant permission to advertise Ordinance No. 01-18 for a public hearing on September 11, 2001, at 9:00 a.m. which is a day meeting. COMMISSION ACTION: ouglas Anderson County Administrator LX] APPROVED [] DENIED [ ] OTHER: Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eft. 5/96 ......... .....,; INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2043 4 DATE: August 22, 2001 t SUBJECT: 2001 Economic Development Exemption Application - Florida Marble Industries, Inc. t =================================================================================== BACKGROUND: On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law, a copy of which is attached. The ordinance was adopted subject to a referendum held on November 3, 1992 which passed. Also attached is a copy of Resolution No. 92-264 adopted on October 20, 1992 establishing a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses. 4 Attached is an application filed by Florida Marble Industries, Inc. As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the findings state, Florida Marble Industries, Inc. submitted the required information and met the statutory definition of an expanding business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $13,993. The estimate of revenue lost to the County if the exemption was granted during the current fiscal year is $125.18. 4 . . The application reflects that as a result of the expansion, 20 St. Lucie County residents to be employed by Florida Marble Industries, Inc. Under the property tax eligibility chart, it appears that Florida Marble Industries, Inc. would receive a five (5) year exemption, phased as follows: '-" '...I Year 1 Year 2 Year 3 Year 4 Year 5 100% 80'0 60'0 40% 20'0 After the first year of exemption, if a business can verify that more than sixty (60%) or eighty (80%) percent of its full-time employees have been residents of St. Lucie County for more than six (6) months prior to employment, then the business may be entitled to additional years of exemption. Also attached is a copy of draft Ordinance No. 01-18 which, if adopted, would grant Convergys an economic ad valorem tax exemption for a period of five (5) years. 4 f RECOMMENDATION/CONCLUSION: 4 Staff recommends that the Board: 1. Accept the report of the Property Appraiser. 2. Grant permission to advertise Ordinance No. 01-18 for a public hearing on September 11, 2001. l Respectfully submitted, . DSM/caf Attachments . ~ s '-' 'wi ORDINANCE NO. 92-24 AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CREATING ARTICLE V (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS) RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR CERTAIN NEW AND EXPANDING BUSINESS PROPERTIES; PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING PROCEDURES FOR APPLICATION FOR EXEMPTION; SPECIFYING DUTIES OF THE PROPERTY APPRAISER IN CONNECTION· WITH SUCH PROPERTY; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 196.1995, Florida Statutes, provides the Board of County Commissioners may hold a referendum granting Economic Development Ad Valorem Tax Exemptions under Section 3, Article VII of the State Constitution. 2. This Board believes that amending Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, by creating Economic Development Ad Valorem Tax Exemptions for a new or expanding business is in the best interest of the health, safety and public welfare of the citizens of st. Lucie County, Florida. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: [truck through. passages are deleted. added. Underlined passages are 1 :;a>r¡c... ro 1-',0 n......:Þ o (1) ::J 'i ::J o..Z(1) ~~g: (lJ ~ o~~ ~ ::J I -! t:;f-In tNI--' co (1) wN;;:' lJ10 ~¡þ.H, ~( )~ ""0\(1) :Þ n . 1-" 3: 'i n o¡:: :;a 1-" ri- tI1 on 00 ;.:¡:: 'i ri- 01 COC/) N~ We-< ¡:: n 1-'- 'U(1) :Þ øn MO ¡: ::¡ NQ" 0\ o o . 1 . '-' '-' PART A. AMENDMENT CODE OF FLORIDA. OF CHAPTER 1-19.3 (TAXATION) OF THE ORDINANCES OF ST. LUCIE COUNTY , Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by creating Article V (Economic Development Ad Valorem Tax Exemptions) to read as follows: Chapter 1-19.3 TAXATION ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS Section 1-19.3-51. Short Title. This Ordinance shall be known as Countv Ordinance No. 92-24, "Economic Development Ad Valorem Tax Exemption Requlations of St. Lucie County, Florida." Section 1-19.3-52. Enactment and Authority. Pursuant to Section 3, Article VII of the State Constitution and in accordance with Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules, Chapter 12D-7, Florida Administrative Code, incorporated municipalities and counties individually or in combination are authorized and empowered to adopt, amend or revise and enforce an ordinance relatinq to economic development ad valorem tax exemptions, after the electors of such municipality or county, votinq on the question in a referendum, authorize the adoption of such ordinance. Struc]::: through passages are deleted. added. Underlined passages are 2 o :::0 OJ o o " o CO N W . '"ó :Þ G1 [I ~ N 0\ o -J I J . . 1 « '-" ~: \. ....I Section 1-19.3-53. Jurisdiction. The area sub'ect to this Ordinance shall be incor orated and unincorporated St. Lucie County. Section 1-19.3-54. Purpose and Intent. The public health, safety, comfort, economy, order, convenience and eneral welfare re uire the harmonious and ro ressive develo ment of new business and ex ansion of existin business within Florida and its incorporated municipalities and counties. In furtherance of this qeneral purpose counties by Cha ters 125 163 192 196 and 214 Florida Statutes and Florida De artment of Revenue Rules 12D-7 Florida Administrative Code, are authorized and empowered to adopt, amend or revise and enforce measures relatinq to economic development ad valorem tax exem tions for new business and ex ansion of existin business. It is the intent of this Ordinance to secure or to ensure: ~ The establishment of criteria for qrantinq such exemptions to certain types of businesses or industries or for denvinq exemptions on a rational, nonarbitrary, nondiscriminatory basis by the Board of County Commissioners. ~ No precedent shall be implied or inferred bv the qrantinq of an exemption to a new or expandinq business. Applications for exemptions shall be considered bv the Board of·Countv Commissioners on a case-by-case basis for each application, after consideration of the Property Appraiser's report on that application. l..." qranted shall appl V UP to one hundred of the assessed value of all im rovements to real property made bv or for the use of a new business and all tanqible personal property of such new business, or up to one hundred percent 1100%) of the assessed value of all added improvements to real property which additions are made to facilitate the expansion of an Struck through passages are deleted. added. Underlined passages are 3 o ::u OJ o o ::>:: o CO N W . '1J ;t> G) J:t 4 N 0\ o N J . "'" ...,.; L Anv exemption shal1 be up to a full ten lID) year period from the time the exemption is qranted. ~ No exemptlon shall be qranted on the land which new or expanded businesses are to be located. h No exemption shall be qranted on school or water manaqement district taxes, or on taxes levied for payment of bonds or taxes authorized a vote of the electors of the County pursuant to Sections 9 or 12, Article VII, of the State Constitution. Section 1-19.3-55. Definition of Terms. The followinq words, phrases and terms shall have the same meaninqs attributed to them in current Florida Statutes and the Florida Administrative Code, except where the context clearly indicates otherwise: .L.. Applicant Anv person or corporation submittinq an Economic Development Ad Valorem Tax Exemption application to the Board. ~ Board - The St. Lucie County Board of Commissioners. .h Business Any activity enqaqed in by any person, corporation or company with the ob-ject of private or public qain, benefit, or advantaqe, either direct or indirect. 3.1 New Business - ~ A business establishinq 10 or more -jobs to employ 10 or more full-time employees in this County, which manufactures, processes, Struc]( through passages are deleted. added. Underlined passages are 4 o ;:IJ co o o " o CD N W . 'U :Þ C) [r . N 0\ o W , 4 '-' ....,¡ compounds, fabricates, or produces for sale items of tanqible personal property at a fixed location and which comprises an industrial or manufacturinq plant; o ::0 tI:I o o ;;>:: h A business establishinq 25 or more lobs to employ 25 or more full-time employees in this County, the sales factor of which, as defined o ()) N W by s. 220.15 (5), Florida Statutes, for the facility with respect to which it requests an '1:J ;Þ C) [I ~ economic development ad valorem tax exemption is less than '0.50 for each year the exarnption is claimed. No business enqaqed in retail N 0\ o operations as defined herein shall be eliqible ~ for an exemption pursuant to this subsection b; or ~ An office space in this state owned and used by a corporation newly domiciled in this County; provided such office space houses 50 or full-time such more employees of corporation; provided that such business or office .first beqins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. Struc]c through passages are deleted. added. Underlined passages are 5 -::.:: '-' ....,.¡ £L.. Any business located in an area desiqnated enterprise zone that first beqins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. 3.2 Expansion of Existinq Business -ª..:.. A business establishinq 10 or more iobs to employ 10 or more full-time employees in this County, which manufactures, processes, compounds, fabricates, or produces for sale items of tanqible personal property at a fixed location and which comprises an industrial or manufacturinq plant; or ~ Any business establishinq 25 or more iobs to employ 25 or more full-time employees in this County, the sales factor of which, as defined by s.220.15(5), Florida Statutes, for the. facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each vear the exemption is claimed provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same business, resultinq in a net increase in employment of not less than 10 percent or Struc]c through passages are deleted. added. Underlined passages are 6 0 ::u tJ:I 0 0 ::>: 0 CO N W 4 '"0 :Þ ø C'1 N 0\ j 0 (J1 t . . '-' " -...I . . an increase in productive output of not less than 10 percent. No business enGaGed in retail operations as defined herein shall be eliGible for an exemption pursuant to this subsection b. ~ An business located in an enter rise zone that increases operations on a site colocated with a commercial or industrial operation owned by the same business. 3.3 Business enGaGed in retail operations _ a business en a ed in a sale to a consumer or to an e:r;son of an item of tanGible personal property for any purposes other than for resale. ~ De artment - The Florida De artment of Revenue. ~ Im rovements - Ph sical chan es made to raw land and structures placed on or under the land surface. All personal property acquired to an facilitate ex ansion of an existin business rovided that the ersonal is added or increased on or after the da the ordinance is ado ted. ersonal However uired to re lace exist in shall not be considered to facilitate businesses a expansion. ~ Sales Factor - A fraction the numerator of which is the total sales of the taxpayer in this state durinG the Struck through passages are deleted. added. Underlined passages are 7 0 ::a !XI 0 0 ~ 0 . CO tv W . '1j > G1 [1] t N I 0\ 0 0\ 4 ;:.' '-' '....I taxable eriod and the denominator of which is the total sales of the taxpayer everywhere durinq the taxable year or period. (See Section 220.15(5), Florida Statutes for specifics of computation). Section 1-19.3-56. General. The Economic Development Ad Valorem Tax Exemption is a local o tion tax incentive for new or business which ma be ranted or refused at the sole discretion of the Board. To a 1 for such an exemption a business locatinq or expandinq in the cor orated or unincor orated area of St. Lucie Count must file an a lication Florida De artment of Revenue Form DR-41S.. - See Attachment 1) with the Board. Satisfactory proof that the business meets the criteria for exem tion as a new business or ex ansion of an existin business as defined by this Ordinance must accompany the Application. The Application shall be filed on or before 1 March of the year in which an exemption is requested. Exemption from County tax may only be qranted by the Board. The exemption qranted under this Ordinance shall not accrue to im rovements to real made b or for the use of new or ex businesses when such im rovements have been included on the tax rolls prior to the referendum authorizinq this Ordinance. Section 1-19.3-57. Procedure. Before the Board acts on an application, it must be submitted to the Property Appraiser for review. After careful consideration, Struck through passages are deleted. added. Underlined passages are 8 4 0 ;J:1 IJ: 0 0 ;:>:; 0 OJ N W 4 "( ~ ø trI t N (J'¡ 0 -.J '-' '" . ...",.¡ the raiser shall re ort to the Board concernin the fiscal impact of qrantinq exemptions. The raiser's Re ort shall include the followin : ~ The total revenue available to the County for the current fiscal Year from ad valorem tax sources. L The amount of revenue foreqone by the County for the current fiscal year because of economic develo ment ad valorem tax exemptions previously qranted. ~ An estimate of the amount of revenue which would be foreqone for the current fiscal year if the exem tion is qranted to the new or expandinq business. .L. After consideration of the report of the Property Appraiser, the Board ma choose to ado t an Ordinance the tax exem tion to a business. The Ordinance shall be same manner as an other ordinance of the Count The Ordinance shall include the followinq information; ~ The name and address of the new or expandinq business. L The amount of revenue available from ad valorem tax sources for the current fiscal year, revenue foreqone for the current fiscal ear because of economic develo~ment ad valorem tax exemptions currently in effect, and the amount of estimated revenue which \.:ould be foreqone because of the exemption qranted to th~ new or expandinq business. ~ The ex iration date of the exem tion. U to ten ears from date of Board adoption of the Ordinance qrantin~ the exemption) A findin that the business meets the definition of a new business or an expansion of an existinq business. .L. ,strucJ, through passages are deleted. added. Underlined passages are 9 . 0 ;:a OJ 0 0 :::;: 0 OJ N W . '"( ;to G) I t'1 N G\ 0 OJ . '-' 'vi ~ The Board's business no exemption. authori ty to revoke an exemption if the lonqer satisfies the criteria for the Section 1-19.3-58. Fees. Fees char ed to offset the cost of rocessin the Economic Develo ment Ad Valorem Tax lication or an Ordinance shall be adopted by the Board by resolution. Section 1-19.3-59. Eliqible Business or Industry. An business or indust as defined in Section 1-19.3-55 Para ra h 3.1 and 3.2 tha t doe s not as an ineli ible business or industry as defined in Section 1-19.3-60. When considerinq the issue of whether or not a busiQess or is an eli ible business as defined herein the Board shall consider the anticipated number of employees, averaqe waqe, type of industr or business of business or roduction or an other information' relatin to the issue of whether the proposed development would siqnificantly improve economic development in St. Lucie County prior to acceptinq the Economic Development Ad Valorem Tax Exemption Application. The criteria for determininq the lenqth of an exemption and the ercenta e amount of an exem be formulated b the Board b resolution. The criteria shall provide for incentives for businesses that employ St. Lucie County residents who establish permanent domicile pursuant to Florida Statutes. Struc]c through passages are deleted. added. Underlined passages are 10 4 0 :;¡j I:IJ 0 0 ::<: 0 Q} tv W '1:J . :Þ C) trJ tv m 0 \0 4 '-' "wi . Section 1-19.3-60. Ine1iqib1e Business or Industry. An business or industr in violation of an federal state or local law or requlation qoverninq environmental matters such as air, water, and noise pollution. Section 1-19.3-61. Appeals. The decision of the Board not to qrant an Economic Development Ad Valorem Tax Exemption to a particular business or industry is 'udicial review ursuant to the Florida Rules of Appellate Procedure. Section 1-19.3-62 - 1-19.3-70. Reserved. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative¡ or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circwnstance, such holding shall not affect its applicability to any other person, property, or circumstance. Struo]-c through passages are deleted. added. Underlined passages are 11 c o :u to o o ?': o CD N W '"CI :Þ ø M N 0\ 1-1 o « '-' .....,I PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This Ordinance shall take effeçt only upon approval by the voters on November 3, 1992 of the ballot question authorized by the Board in Resolution No. 92-175. PART F. ADOPTION. After motion and second, the vote pn this ordinance was as follows: Chairman Jim Minix AYE vice Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County,· Florida, and the word"" ordinanç::e" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to G shall not be codified. Struck through passages are deleted. added. Underlined passages are 12 · 0 ::0 OJ 0 0 ,.; · 0 OJ N W '"C :Þ ø t'1 N 0'1 f-1 f-1 · · '-' --' . . PASSED AND DULY ADOPTED THIS 6th day of October, 1992. ATTEST: BOARD OF COUNTY COMMISSIONERS" ,^ ST. LUCIE COUNTY, FLORIDA ._·c. n~) ~.. ~ ~ 1 CHAIRMAN ~ \ 'j . " '···n ..... :....\.- :. StrucJc through passages are deleted. added. Underlined passages are 13 · -:. o :;a o:J o o ;:0;: · o CO N W "C :Þ C) tr N (J\ 1-1 N · ~ j Douglas Dixon, r-~k of the Circuit Court _.-~. Lucie County File Number: ]..:. II 7 l7 OR BOOK 0, l3 PAGE 035 7 Recorded: 10-27-92 02:43 P.M. RESOLUTION NO. 92-264 A RESOLUTION ESTABLISHING A PROPERTY TAX EXEMPTION PHASE OUT SCHEDULE AND PROPERTY TAX EXEMPTION ELIGIBILITY RATE SCHEDULE FOR NEW OR EXPANDING BUSINESS APPLYING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PURSUANT TO ORDINANCE NO. 92-24 . WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On September 8, 1992, this Board adopted Resolution 92- 175 which implemented the provisions of Section 196.1995, Florida Statutes which authorized the Board of County Commissioners the authority to call a referendum on the issue of granting a local Option Economic Ad Valorem Tax Exemption. 2. On October 6, 1992, this Board adopted Ordinance No. 92- 24, which amended Chapter 1-19.3 (TAXATION) of the Code of Ordinances of St. Lucie County, Florida, by creating Article V - Economic Development Ad Valorem Tax Exemption. Enactment of Ordinance No. 92-24 is contingent on a majority vote in the November referendum election. 3. Section 1-19.3-59 (Eligibility Business or Industry) of Ordinance No. 92-24 provides for the formulation of criteria for determining the length of an exemption and the percentage amount of an exemption pursuant to resolution of this Board. f NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby adopts the Property Tax Exemptions Phase Out Schedule and Property Tax Eligibility Chart, attached 1 '-' ....,I hereto and referred to collectively as "Exhibit A," for purposes of establishing eligibility of a tax exemption for new or expanding businesses pursuant to Ordinance No. 92-24. 2. This Board shall provide incentives for businesses to employ St. Lucie County residents. These incentives shall be the following: a) If a business can verify after the first year of exemption that sixty percent (60%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to one additional year from the standard exemption as set forth on "Exhibit A." b) If a business can verify after the first year of exemption that eighty percent (80%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to two additional years from the standard exemption as set forth on "Exhibit A." 3. The Board shall have the discretion to modify the eligibility requirements based on other significant factors including, but not limited to, the following: a) The increase in local employment attributable to the new or expanding business; b) The unemployment and underemployment of the available local labor force and the types and wages of jobs created therein; c) The amount of capital investment purchased by the new or expanding business; d) The ability of the county to otherwise meet its total fiscal needs should the requested exemption be granted; e) The cost of any increased local government services, including but not limited to roads, water, sewer, gas and law enforcement, and other direct expenditures associated with that specific business. 2 . 0 ;;ü t::J 0 0 à 0 CO f-J W ~ :Þ CJ M 0 W Ú1 CO 4 '-' ."",.J After motion and second, the vote on this resolution was as follows: Chairman Jim Minix AYE vice Chairman Jack Krieger AYE Commissioner R. Dale Trefelner AYE Commissioner Havert L. Fenn AYE Commissioner Judy Culpepper AYE PASSED AND DULY ADOPTED this 20th day of October, 1992. ATTEST: , . ". BOARD OF COUNTY COMMI5{iIÐNERS ST. LUCIE COUNTY, FL9,RIDÄ ~~. ./ Chairman -.< - l-/)¿bl~~Y;;Q ~ D~'ÜhYJ !.ClÞ~~~ ~ .~ ..-"'''. C-Y-."" ~ ¿. < ".."'i.".':" .,', '.,. _'\ t/} /. 7=:~!'t> \~:~~~'j ~! i if..... .-' "'--.1 , '--;,4 ~i~~}tfê!~1 By: ./- .;....\.' J .!! .J >, ~. , j ', ' APPROVED AS TO FORM AND CORRECTNESS: f) iJ;j¡Jt~ County Attorn.ey / // ./ 3 0 4 ::1J tJ: 0 0 ~ 0 CO f-J W '" > C) t'rJ 0 W ., lJ1 iO r.1 .-, . '-" """" ST_ LUCUo:. COUNTY BOARD OF COUNTY COMMISSIONERS ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION APPLlCATfON Ordinance No. 92-24, Sl. Lucie County Code of Ordinances, Chapter 196, Florida Statutes To be filed with the Board of County CommissionersofSt. Lucie County, Florida, no later than March I of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested. 1. Business Name and Mailing Address: FLORIDA MARBLE INnllsTRTFC:::, H r 1673 S.E. NIEMEYER CIRCLE, PORT ST. LUCIE, FL 34952 2. Please give name and telephone number of Owner or Person in Charge of this business: Name: MAHESH R. PATEL Telephone Number: "1Fì1_"r::;_444r::; 3. Exact Location (Legal Description and Street Address) of Property for which this return IS filed: LOT 13, BLOCK 7, PSLINDUSTRIAL PARK, UNIT 1 1673 S.E. NIEMEYER CIRCLE, PORT ST IIr.TF, FI -;¡4C1<=;;:> 4. Date you began, or will begin, business at this facility: FEBRUARY 2nnn 5. a. Description of the improvements to real property for which this exemption' is requested: _ WANT TO MP V BUILD SHOWROOM I Date of commencement of construction of improvements: AS SOON AS FINANCIALLY CAPABLE Description of the tangible personal property for which this exemption is requested and date when property was, or is to be, purchased: 'li~ b. 6. a. Taxpayer's APPRAISER'S Estimate ,. Taxpayer's USE Date of Estimate of ONLY of Original Condition Fair Market Class ofItem Age Purchase Cost Good Avg. Poor Value Cond i(ion . SPRAY BOOTH 10, 1/2000 3000.00 X 500.00 GRINDING BOOTH 10, 1/2000 2000.00 X 300.00 'E!U3T COLLECTOR 10 1/2000 4000.00 X 1000.00 CASTING MOLDS 10- 4/98 5000.00 X X. 1500.00 . .. ---..~ \ 'G\?' :'. 1. CO c..\)10\ ~~\ ~ cJ'- \ / "W) \-;"" V,tr1 CO·c "'r / ~~~.../ ..r '-' ....." '. I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196. (995, Florida Statutes as incorporated by Ordinance No. 92-24, St. Lucie County Code of Ordinances. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein_ I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) DATE: 2-27-2001 SIGNED: M~"'k rl~ . . (Preparer) SIGNED: ~^ Æ l1~ (Tax~y~~LT I b73 _ S If.I-JJ~~M.. [:.-t... . . (preparer's Address) f t, (1.. /..ucJ'e-- F £-.. J f.{ q 5 ¿ f=)b) -- 33)-" 4 C{4J-" (preparer's Telephone Number) TITLE: EXEC. DIRECTOR 1. 2. 3. 4. 5. 6. 7. DATE: PROPERTY APPRAISER'S USE ONLY Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: 68,695,677.12 Revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 106,041. 79 Estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subjectto taxation: 125.18 Estimate of the taxable value lost to the county if the exemption applied for were granted: 11,991 Estimated number of St~ Lucie County residents to be employed in county: 20 Improvements to real property 0 Personal Property 13 , 993 I have determined that the property listed above meets the definition, as defined by Section 196.012(15) or (16), Florida Statutes, as incorporated by Ord. No. 92-24, St. Lucie County Code of Ordinances as a New Business , as Expansion of an Existing business X , or Neither Last year for which exemptionmay be applied: ~2 SIGNED: ~ _ o Ap raiser) . RETURN TO BE FILED NOT LATER THAN MARCH 1 3 '-" """"" ORDINANCE NO. 01-18 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY ; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR FLORIDA MARBLE INDUSTRIES, INC., 1673 S.E. NIEMEYER CIRCLE, PORT ST. LUCIE, FLORIDA, AN EXPANDING BUSINESS; PROVIDING THE AMOUNT OF REVENUE A V AILABLE FROM AD VALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO FLORIDA MARBLE INDUSTRIES, INC.; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT FLORIDA MARBLE INDUSTRIES, INC. MEETS THE DEFINITION OF AN EXPANDING BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I Short Title This Ordinance shall be known as County Ordinance No. 01-18 "Economic Development Ad Valorem Tax Exemption - Florida Marble Industries, Inc. ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax ..... ....,¡ Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an exemption from ad valorem taxation of the assessed value of Florida Marble Industries, Inc., Florida, in accordance with the following exemption phase out schedule: Year 1 (Fiscal Year 2001-02) Year 2 Year 3 Year 4 Year 5 100'}'o 80% 60'}'o 40% 20'}'o No exemption shall be granted on the land on which improvements are made by Florida Marble Industries, Inc. ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is $68,695,677.12. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $106,041.79. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $125.18. ARTICLE IV Expiration Date The Economic Development Ad Valorem Tax Exemption granted to Florida Marble Industries, Inc., an expanding business shall be for five (5) years from the ç/ate of Board adoption of this Ordinance. '-' >..."I ARTICLE V Finding The Board of County Commissioners of St. Lucie County, Florida, finds that Florida Marble Industries, Inc. is an expanding business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption if Florida Marble Industries, Inc. no longer satisfies the criteria set out above. ARTICLE VI Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. ARTICLE VIII Adoption After motion and second, the vote on this Ordinance was as follows: Chairman Frannie Hutchinson xx '-' ....., Vice Chairman Doug Coward xx Commissioner John D. Bruhn xx Commissioner Paula Lewis xx Commissioner Cliff Barnes xx PASSED AND DUl.Y ADOPTED this _ day of ,2001. ATTEST: BOARD OF COUNiY COMMISSIONERS ST. LUCIE COUNiY, Fl.ORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNEss: BY: County Attorney ~GENDA REQUEST ITE~O. Œ (, f-f DATE: August 28, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: 4 SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney · SUBJECT: 2001 Economic Development Ad Valorem Tax Exemption Application - Matt Stone East, t Inc. BACKGROUND: See attached memorandum \ ! · FUNDS AVAILABLE: . PREVIOUS ACTION: 4 RECOMMENDATION: Staff recommends that the Board: (1) Accept the report of the Property Appraiser; and, (2) Grant permission to advertise Ordinance No. 01-17 for a public hearing on September 11, 2001, at 9:00 a.m. which is a day meeting. 4 [XJ APPROVED [ ] DENIED [ ] OTHER: . COMMISSION ACTION: · . uglas Anderson County Administrator Review and Approvals County Attorney: 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. 01-2044 DATE: August 22, 2001 4 SUBJECT: 2001 Economic Development Exemption Application - Matt Stone East, Inc. ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law, a copy of which is attached. The ordinance was adopted subject to a referendum held on November 3,1992 which passed. Also attached is a copy of Resolution No. 92-264 adopted on October 20,1992 establishing a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses. t Attached is an application filed by Matt Stone East, Inc. As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the findings state, Matt Stone East, Inc. submitted the required information and met the statutory definition of an new business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $4,513,580. The estimate of revenue lost to the County is the exemption was granted during the current fiscal year is $40,376.68. . 4 The application reflects 30 St. Lucie County residents to be employed by Matt Stone East, Inc. . Under the property tax eligibility chart, it appears that Matt Stone East, Inc. would receive a six (6) year exemption, phased as follows: Year 1 1001'0 '-' ...", Year 2 Year 3 Year 4 Year 5 Year 6 90Jo 80Jo 60Jo 40Jo 20Jo After the first year of exemption, if a business can verify that more than sixty (60Jo) or eighty (80Jo) percent of its full-time employees have been residents of St. Lucie County for more than six (6) months prior to employment, then the business may be entitled to additional years of exemption. Also attached is a copy of draft Ordinance No. 01-17 which, if adopted, would grant Matt Stone East, Inc. an economic ad valorem tax exemption for a period of six (6) years. RECOMMENDA DON/CONCLUSION: Staff recommends that the Board: 1. Accept the report of the Property Appraiser. 2. Grant permission to advertise Ordinance No. 01-17 for a public hearing on September 11, 2001. Respectfully submitted, Daniel S. McIntyr County Attorney DSM/caf Attachments '-" -....I ORDINANCE NO. 92-24 AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CREATING ARTICLE V (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS) RELATING TO ST. LUCIE COUNTY, FLORIDA, TO .ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR CERTAIN NEW AND EXPANDING BUSINESS PROPERTIES; PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING PROCEDURES FOR APPLICATION FOR EXEMPTION; SPECIFYING DUTIES OF THE PROPERTY APPRAISER IN CONNECTION WITH SUCH PROPERTY; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. section 196.1995, Florida Statutes, provides the Board of County Commissioners may hold a referendum granting Economic Development Ad Valorem Tax Exemptions under section 3, Article VII , of the State Constitution. ~ 2. This Board believes that amending Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, s by creating Economic Development Ad Valorem Tax Exemptions for a new or expanding business is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Etruc)c through passages are deleted. added. underlined passages are 1 :;O>-rJc..., rD f-'.Q nf-':þ o CD :J r; :J ç:¡.ZCD CD~ ç:¡. ::r: " 0 ro ""' o~~ f--' :;J I -! t:;t-1() IN""' '1J CD wN~ 010 ~¡þ.t-t, "l'I'Irt U1W::J *"O\rD :þ () . r" 3: r; n o¡:: :;0 r' . rt I;[ O() 00 :>;:s:: r; rt 01 CO(/) N~ Wr-< s:: n f-'. "dre :þ GJ() MO s:: ;:3 N~ 0\ o o '-' -' PART A. AMENDMJ;:NT CODE OF FLORIDA. OF CHAPTER 1-19.3 (TAXATION) OF THE ORDINANCES OF ST. LUCIE COUNTY, Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by creating Article V (Economic Development Ad Valorem Tax Exemptions) to read as follows: Chapter 1-19.3 TAXATION ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS Section 1-19.3-51. Short Title. This Ordinance shall be known as County Ordinance No. 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County, Florida." Section 1-19.3-52. Enactment and Authoritv. ~ursuant to Section 3, Article VII of the State Constitution and in accordance with Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules, Chapter 12D-7, Florida Administrative Code, incorporated municipalities and counties individually or in combination are authorized and empowered to adopt, amend or revise and enforce an ordinance relatinq to economic development ad valorem tax exemptions, after the electors of such municipality or county, votinq on the question in a referendum, authorize the adoption of such ordinance. Struck through passages are deleted. added. Underlined passages are 2 o ::0 to o o ;>:; o 00 N W '"d ;J:i G) [T] N 0\ o ~ ~ "'.' :: ~; \. '-' ...,.¡ .Section 1-19.3-53. Jurisdiction. The area subiect to this Ordinance shall be incorporated and unincorporated St. Lucie County. Section 1-19.3-54. Purpose and Intent. The public health, safety, comfort, economy, order, convenience and qeneral welfare require the harmonious, orderly and ro ressive develo ment of new business and ex ansion of existin business within Florida and its incorporated municipalities and counties. In furtherance of this qeneral purpose counties by Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida De artment of Revenue Rules Florida Administrative Code, are authorized and empowered to adopt. amend or revise and enforce measures relatinq to economic development ad valorem tax exem tions for new business and ex ansion of existin business. It is the intent of this Ordinance to secure or to ensure: h The establishment of criteria forqrantinq such exemptions to certain types of businesses or industries or for denvinq exemptions on a rational. nonarbitrarv, nondiscriminatory basis by the Board of County Commissioners. ~ No precedent shall be implied or inferred by the qrantinq of an exemption to a new or expandinq business. Applications for exemptions shall be considered bv the Board of Count v Commissioners on a case-by-case basis for each application, after consideration of the Property Appraiser's report on that application. ~ Anv exemption qranted shall apply up to one hundred percent (100%) of the assessed value of all improvements to real property made by or for the use of a new business and all tanqible personal property of such new business, or up to one hundred percent (100%) of the assessed value of all added improvements to real property which additions are made to facilitate the expansion of an Struck through passages are deleted. added. Underlined passages are 3 o ::0 OJ o o :>: o Q) N W 'U :Þ GJ rrJ N (JI o N ~ ""'" '-' and of the net increase in all tanqible to facilitate such ex ansion ~ Any exemption shall be up to a full ten (10) year period from the time the exemption is qranted. .2..." No exemption shall be qranted.on the land which new or expanded businesses are to be located. ~ No exemption shall be qranted on school or water mana ement district taxes or on taxes levied for a ent of bonds or taxes authorized a vote of the electors of the County pursuant to Sections 9 or 12, Article VII, of the State Constitution. Section 1-19.3-55. Definition of Terms. The fOllowinq words, phrases and terms shall have the same ~ meanin s attributed to them in current Florida Statutes and the Florida Administrative Code, except where the context clearly indicates otherwise: .h A licant - An erson or cor oration submittin an Economic Development Ad Valorem Tax Exemption application to the Board. ~ Board - The St. Lucie County Board of Commissioners. .l.:. Business Any activity enqaqed in by any person, cor oration or com an with the ob' ect of rivate or benefit or ad vanta e either direct or indirect. 3.1 New Business _ ~ A business establishing 10 or more lobs to employ 10 or more full-time employees in this County, which manufactures, processes, Struck through passages are deleted. added. Underlined passages are 4 0 ::a tJ; 0 0 ~ 0 Q) N 4 W 'U :Þ ø txJ N (]I 0 W 4 '-' '-' compounds, fabricates. or produces for sale items of tanqible personal property at a fixed location and which comprises an industrial or manufacturinq plant~ h A business establishinq 25 or more lobs to employ 25 or more full-time employees in this County, the sales factor of which, as defined by s. 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than '0.50 for· each year the exemption is claimed. No business engaqed in retail operations as defined herein shal1 be eliqible for an exemption pursuant to this subsection b~ or ~ An office space in this state owned and used by a corporation newly domiciled in this County; provided such office space houses 50 or full-time such more employees of corporation; provided that such business or office first beqins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. Struok through passages are deleted. added. Underlined passages are 5 o ::u O:J o o ~ o OJ N W . '1J ;Þ GJ tT1 N 0\ o ~ ~ 3.2 . . '-' ...",,¡ ~ Any business located in an area desiqnated enterprise zone that first beqins operation on a site clearly separate from any other corrunercial or industrial operation owned by the same business. Expansion of Existinq Business ~ A business establishinq 10 or more lobs to employ 10 or more full-time employees in this County. which manufactures. processes. compounds. fabricates. or produces for sale items of tanqible personal property at a fixed location and which comprises an industrial or manufacturinq plant: or ~ Any business establishinq 25 or more lobs to employ 25 or more full-time employees in this Countv. the sales factor of which. as defined by s.220.15(5). Florida Statutes. for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each Year the exemption is claimed provided that such business increases operations on a site colocated with a corrunercial or industrial operation owned by the same business, resultinq in a net increase in employment of not less than 10 percent or Struc], through passages are deleted. added. Underlined passages are 6 o :0 ro o o ~ o OJ N W '"rJ :Þ C) tr1 N 0'1 o (Jl '.' i-.,;¡ \w ""-' an increase in productive output of not less than 10 percent. No business enqaqed in retail operations as defined herein shall be eliqible for an exemption pursuant to this subsection b. £=.. An business located in an enter rise zone that increases operations on a site colocated with a commercial or industrial operation owned by the same business. 3.3 Business enqaqed in retail operations _ a business en a ed in a sale to a consumer or to an eFSon of an item of tanqible personal property for any purposes other than for resale. ~ De artment - The Florida De artment of Revenue. ~ rm rovements - Ph sical chan es made to raw land and structures placed on or under the land surface. All personal property acquired to an facilitate ex ansion of an existin business rovided that the ersonal is added or increased on or after the da the ordinance is ado ted. ersonal However uired to re lace existin shall not be considered to facilitate businesses a expansion. ~ Sales Factor - A fraction the numerator of which is the total sales of the taxpayer in this state durinq the £tnlCJc through passages are deleted. added. Underlined passages are 7 o ;>:: OJ o o ~ o en N W 'U :Þ G) C'1 N 0\ o 0\ ':¡:,-'" '-' "-' taxable eriod and the denominator of which is the total sales of the taxpayer everyWhere durinq the taxable year or period. (See Section 220.15{5\, Florida Statutes for specifics of computation) . Section 1-19.3-56. General. The Economic Development Ad Valorem Tax Exemption is a local o tion tax incentive for new or business which ma be ranted or refused at the sole discretion of the Board. To a I for such an exemption a business locatinq or expandinq in the cor orated or unincor orated area of St. Lucie Count must file an a lication Florida De artment of Revenue Form DR-418., - See Attachment 1) with the Board. Satisfactory proof that the business meets the criteria for exem tion as a new business or ex ansion of an existin business as defined by this Ordinance must accompany the Application. The APPlication shall be filed on or before I March of the year in which an exemption is requested. Exemption from County tax may only be qranted by the Board. The exemption qranted under this Ordinance shall not accrue to im rovements to real made b or for the use of new or ex businesses when such im rovements have been included on the tax rolls prior to the referendum authorizinq this Ordinance. Section 1-19.3-57. Procedure. to Before the Board acts on an application, it must be submitted raiser for review. After careful consideration Struok through passages are deleted. added. Underlined passages are 8 o :;a to o o ::>:: o CD N W 't1 :Þ ø tr1 N 0\ o ...¡ the '-' ....,; raiser shall re ort to the Board concernin the fiscal impact of qrantinq exemptions. the The raiser's Re ort shall include the followin : l...:. The total revenue available to the County for the current fiscal Year from ad valorem tax sources. ~ The amount of revenue foreqone by the County for the current fiscal Year because of economic develo ment ad valorem tax exemptions previously qranted. 1..:.. An estimate of the amount of revenue which would be foreqone for the current fiscal year if the ex em tion is qranted to the new or expandinq business. .L. After consideration of the report of the Property Appraiser, Board ma the tax choose to ado t an Ordinance exem tion to a The Ordinance shall include the followinq information; l...:. ~ L- .L. business. The Ordinance shall be same manner as an other ordinance of the Count The name and address of the new or expandinq business. The amount of revenue available from ad valorem tax sources for the current fiscal Year, revenue foreqone for the current fiscal ear because of economic develo~ment ad valorem tax exemptions currently in effect, and the amount of estimated revenue which ~:ould be foreaone because of the exem tion ranted to th~ new or ex andin business. The ex iration date of the exem tion. U to ten ears from date of Board adoption of the Ordinance arantin; the exemption) A findin that the business meets the definition of a new business or an expansion of an existinq business. Struck through passages are deleted. added. Underlined passages are 9 o ~ trJ o o ::<; o OJ tv W '1:1 :Þ G) M tv Q'\ o OJ ... '-' .,.,., .2..... The Board I s business no exemption. authority to revoke an exemption if the lonqer satisfies the criteria for the Section 1-19.3-58. Fees. Fees char to offset the cost of rocessin the Economic Develo ment Ad Valorem Tax lication or an Ordinance shall be adopted by the Board by resolution. Section 1-19.3-59. Eliqible Business or Industry. An business or indust as defined in Section 1-19.3-55 Para ra h 3.1 and 3.2 that does not as an ineli ible business or industry as defined in Section 1-19.3-60. When considerinq the issue of whether or not a busiQess or indust is an eli ible business as defined herein the Board shall consider the anticipated number of employees, averaqe waqe, type of industr or business volume of business or roduction or an other information' relatin to the issue of whether the develo ment would si nificantl rove economic develo ment in St. Lucie Count rior to acce the Economic Development Ad Valorem Tax Exemption Application. The criteria for determininq the lenqth of an exemption and the be formulateâ b the Board b resolution. The criteria shall provide for incentives for businesses that employ St. Lucie County residents who establish ermanent domicile ursuant to Florida Statutes. £trucJe through passages are deleted. added. Underlined passages are 10 o :>;:J OJ o o ::>;: o Q) N W '1: ;Þ G) 1'1 N m o \D ""'" ....".¡ . Section 1-19.3-60. Ine1iqible Business or Industry. An business or industr in violation of an federal state or local law or re ulation environmental matters such as air, water, and noise pollution. Section 1-19.3-61. Appeals. The decision of the Board not to qrant an Economic Development Ad Valorem Tax Exemption to a particular business or industry is sub'ect onl review ursuant to the Florida Rules of Appellate Procedure. Section 1-19.3-62 - 1-19.3-70. Reserved. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorpora ted areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, pro~erty, or circumstance. Struck throu§"h passages are deleted. added. Underlined passages are 11 o :0 tJj o o ::>:: o Q) N W 'ö ;Þ G1 tr! N 0\ f-I o , '-' ....J PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This Ordinance shall take effect only upon approval by the voters on November 3, 1992 of the ballot question authorized by the Board in Resolution No. 92-175. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix AYE vice Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word" "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to G shall not be codified. StrucJc through passages are deleted. added. Underlined passages are 12 o ::ö to o o ::><: o CO N W '1j :Þ ø l"'1 N 0\ f-1 f-1 ""- ..".I . . PASSED AND DULY ADOPTED THIS 6th day of October, 1992. ATTEST: BOARD OF COUNTY COMMISSI.oNERSI\~ ST. LUCIE COUNTY,FLORIDA '. ~~.~ CHAIRMAN .' ~ '. . \ ;:' j . . Î ',. ~. (. ~ . Struok through passages are deleted. added. Underlined passages are 13 o ::u IJ:J o o ;:>:: o ()) N W '0 :Þ ø trJ N 0\ f-J N , ~ :J Douglas Dixon, Î rk of the Circuit Court Fi Ie Number: J '-'11 7 1 7 OR BOOK Recorded: 10-27-92 02:43 P.M. - 't. Lucie County O.....J13 PAGE 035 7 RESOLUTION NO. 92-264 A RESOLUTION ESTABLISHING A PROPERTY TAX EXEMPTION PHASE OUT SCHEDULE AND PROPERTY TAX EXEMPTION ELIGIBILITY RATE SCHEDULE FOR NEW OR EXPANDING BUSINESS APPLYING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PURSUANT TO ORDINANCE NO. 92-24 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On September 8, 1992, this Board adopted Resolution 92- 175 which implemented the provisions of Section 196.1995, Florida Statutes which authorized the Board of County commissioners the authority to call a referendum on the issue of granting a local Option Economic Ad Valorem Tax Exemption. 2. On October 6, 1992, this Board adopted Ordinance No. 92- 24, which amended Chapter 1-19.3 (TAXATION) of the Code of Ordinances of st. Lucie County, Florida, by creating Article V - Economic Development Ad Valorem Tax Exemption. Enactment of Ordinance No. 92-24 is contingent on a majority vote in the November referendum election. 3. Section 1-19.3-59 (Eligibility Business or Industry) of Ordinance No. 92-24 provides for the formulation of criteria for determining the length of an exemption and the percentage amount of an exemption pursuant to resolution of this Board. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby adopts the Property Tax Exemptions Phase Out Schedule and Property Tax Eligibility Chart, attached 1 '-" """'" hereto and referred to collectively as "Exhibit A," for purposes of establishing eligibility of a tax exemption for new or expanding businesses pursuant to Ordinance No. 92-24. 2. This Board shall provide incentives for businesses to employ st. Lucie County residents. These incentives shall be the following: a) If a business can verify after the first year of exemption that sixty percent (60%) of its full-time employees have been st. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to one additional year from the standard exemption as set forth on "Exhibit A." b) If a business can verify after the first year of exemption that eighty percent (80%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to two additional years from the standard exemption as set forth on "Exhibit A." 3. The Board shall have the discretion to modify the eligibility requirements based on other significant factors including, but not limited to, the following: a) The increase in local employment attributable to the new or expanding business; b) The unemployment and underemployment available local labor force and the types of jobs created therein; of the and wages c) The amount of capital investment purchased by the new or expanding business; d) The ability of the county to otherwise meet its total fiscal needs should the requested exemption be granted; e) The cost of any increased local government services, including but not limited to roads, water, sewer, gas and law enforcement, and other direct expenditures associated with that specific business. 2 o ::u <:0 o o ^ o en f-I UJ 't1 :Þ G M o UJ Ú1 en t 1 '-' ..",.J After motion and second, the vote on this resolution was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner R. Dale Trefelner AYE Commissioner Havert L. Fenn AYE Commissioner Judy Culpepper AYE PASSED AND DULY ADOPTED this 20th day of October, 1992. ATTEST: " BOARD OF COUNTY COMMI~I0NERS' ::: LUQ::~ '/ Chairman > !;! .:.- YÆvz~~Sr:b ~ De.:i1'-hý; tCl è.';;~. ~, ....,,~~.?- /:';" .¢ "':.:: '.~ .- Ÿ) (.'~., ..... I:,..-,i~, '-:".....,-ð. :,.:'r ~ l" ..; '-'~ .. ...~~..":.\ ~..._"I ___..u;.'.' \ .," ,r.;... .....--. ,"~-J '.._....:, $. '::J [ it"'. .-'. \'::.: \ , :.:.;# '~~~i:s]i) './ ...1 ~.: ,i<J; <-, APPROVED AS TO FORM AND CORRECTNESS: 0 ¡ . /'],' If iJÜrAA County At"t-orI7ey 1/' _/ 3 o ;:c t;:J o o ^ o !]J !-l W ~ .- > C) t=1 o W tJ1 \0 . '-" .....,¡ PROPERTY TAX EXEMPTION ELIGIBILITY ELIGIBILITY (number of years) NUMBER OF STANDAH.D 60% SLC 80% SLC EMPLOYEES EXEMPTION RESIDENTS RESIDENTS 10 - 24 5" 6 7 25 - 49 6 7 8 50 - 99 7 8 9 100 - 199 8 9 10 200 + (DISCRETION OF COMMISSION) L~ss than five (5) years is left to the discretion of the Board. "EXHIBIT A" o ;>J tc o o ^ o CD f-J lù "0 >- C1 t"1 o lù Q\ o ST. I~CIE COUNTY BOARD OF COUNTY COMMISSIONERS ECONOK" DEVELOPMENT AD VALOREM TI EXEMPTION 0.1. -&nee 110. '2-2.... st. I,,¡,u:l.. CDlmtJ' CQd. of (. .alICea, c:haptec It'. rlori.d& G't.at:.utaa Tr> be .filed with the Board of County cOIIIIIIi..ioflara of St. Lucie Coo,¡nty, Florida., no later tha.n )olll.:rc::b 1 of the y...r the axemptil:uI ia duired to tak. eftect. ple.... att.ch a.d.d.ition..l infg.cu.tion, if nec..n.r)" or reque.ted. 1. Budn... N~. and NLiling ,",dre.., tJ\f'.-rl SíOt-!,;; (;j\">Î ::ï:...¡c.., PO ~ì< lQL9, -.' , ""_~PH'Ir?_r\'LJ..," I :r::i.- 3~"1 q 2. Pl&&.. 9ive name and talephone n¡q¡þer of Owner or Person in ChB.rq_ of this buain..s. NUlle M.Ar....\L L '(1-£M\<... C\-I..'ex- ;:u..JA",(.\A..'- Oft)'U t" Telephone Numbu I :3. :Exact 4. Ca.te :you beqa.n, or will beqin, bu.ine.. at this ta¡;;ilitYI ....\ L S. .. D..çripti¡;m of the improvamenta to red property tor which tbi. exemption Ü rtIIlfo.ted' -'310 DOÙ Arrru.>X. ~¡¢\- CDVV.-1i£\F: pR.oDUCT5 MA~\Jf~l.J,L'/'Jb 1;='2.G\ I \.L'1 21\)0 O.(-{= IC-Ç; , LJ,,1Lé SE~PøL- f{qq b. Date of COIIImeQc...nt of r;:on.tRction at i.mprave.lll.h~.1 6. a.. Deacription of the ta.ng11;l1o per_cna.l p.o¡:HIrty tor which U~i. IIIxUlption i. requ..ted and. date when property wa., or i. to b., purc:h...ed I ESTIMATE . ^.,~BI"'·B OP TAXPAYER-S 0 ... DArE CONnUIO" ESTIMATE or :: USE OP ORIGlHAL ~ Ö. " 7AIJl KAJUæX '" CLA5S 01' ITEM AGE ÞIJRCBASJ: cosr 1 VALUE . ONLY . 0 .. . u OFF/{,r> rc'I1.JUI1"\I>1 yÇ -1.f'IX'N¡t¿,:<, IlJéìvl ::n'ì-fh-l I y,{)(JQ; ¡\",... IS- S-OÜ Cú,I-\~:> 11J,c;¡u IS 000 \/ (.3 I)¿JV MAcI-üuEl T ;t/';f!,/JIJF4C71)!Z,itv6 1""'4)1 -L- 'i (;¿UXO ./ . 3 700 OòO I I , I . , I I I I I I I I I I I ! I TAXPAYER'S O. Avera9'_ Value ot Inventory en h...nd; Any addit.ional personal property not J.1.ated. above tor \or'h..1.cn. an eXelllptJ..on 1-. c:la1..med m.ust be returned. on tCJ;m DR-40~ (TangU¡J.1Io Personal Property ~1l.X Return) and .. copy at;"ched. to tbill form. ,. Þo YQ~ d..irD e!l=emp.!;e..I'I:&. _II!. "N~W' Buainell- ~ o,¡:: ... ~n-·ExplU1l1inn gf a.n E:ci='ti:1t¡1 2uai:':l.CiIi." 0 8. Deacribe ~he 'l'ype o. Nat.un af :t'Clur BudD.en: MUut'.zctvn-b' A.uD ~ of Cúr'C.~ L¡JwcrLAP¡¡J(;, PeDOuC~) 9. :rra.do LflYel (Chllc\-: I\!! !"1'_n~' It.~ ~?r~:;'): ~n·.;lu;;¡¡;,lo: 0 aa.......:!...o:t....rin.¡ 1s( '-r(,¡i...iana.J. 0 Ser\'ic. 0 Ott~c. 0 Other 0 10.... Number at tull_·U..ID.1I _ploy.u to be _ployed 1n St. Luci. County, Floriei.. '3.<:) g. If Ion oxpa.nsion of .n .xi.tinq bUlin..11 "I (. (1) Net lnerllaall in Employment ,,, I' or (2) Incr..ee in productive output ....ultin¡ f.om thia 8Xp&naion s..lu f..ctor for the facility nqu..ting .xemptioru ~ IA Total ...1.. in Florida f.om thi. h.cility-ona (1) locl.tion only 11. divid..ei by a. Ð..te of inco.-porl.~ion in Florid"l .... NumÞer of Full-time employee. ..t. thi. loca.tionl Tot..l n.lu everywhere from thi. h.cility_One (1) location only For office Ipl.ce owned a.nd u..d by a corporation neW'ly domiciled. in rlo¡;idl.l Nt1\. 12. It reque.ting ..n e;x.emption ~u. to loc..tion in a. .l~ or bli~hted I.rea, ple... fu.ni.h .\11:10 aodition..l inta~tian ... r.Ç'J.i.ed by the BOB.rd of County CcœIU...iDn Dr Prcpeny Appra..Uer. tJl.p... , I Ì'ulreby reque.t the ..doption of an ordina.nce qra.ntinq a.n examption from a.d va.loram taxAtion on the &bove prcperty purlul.nt to Section 19'.1995, Florida. Statute. ... incorporAted by Crd. Ne. '92_24., St. Lucie County Code of Ordinance.. I a.gree to furni.b .ucb othar reilliClnÙ)le information ... the BOArd of County çommielliane.e Dr t'.he Property Appra.i..r mlLY requ.st in rega.rd to the o;x.emption requ..ted herein. ; he.re.by eerti.:fy. that the i.ntorma.tian ..nd va.luation atated above by me i. true, correct, a.nd cOØIplete to the belt ot tRy knowleQge ami belief. (If prepa.red by 80mecne other thut the taxpayer, hi. declaIAtion i. baaed cn all infoD1a.tion of ...·h~cb ho hu A.ny knawl.dS'o.) I DATE: ;2- ~'6 fð SIGNED: (Prep..rer¡ 13, SIGlŒJ): '!'ITI.'!: ~ \::ox IYL"j ldHyI/.HJl_U;;', fL I (Prep&rlu'a Add.o..) ( íS'i3.) "ß3'¡'17Ó (Prepa.or'. Telephone Number) 33531 PROP~K~Y APPRA~SER'S USE ONLY " 2008 1. J. J. <- 5. 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JO Á~T:r~tf~n.. 6U1:V.78A06..%0 ..:r:IIUO~..'f1II'KI;:) Á~uno;:) JO p.;r:"!iIIOV .q.I, (t) IJ1 P1-q ~ III'npu..1'8Ja.;r.. l.vu" .e.l1nb.,;¡ ·...:¡.n~..':I,s "P1.:ro'!.i '¡66t'96t U01:¡':;:).S '.(:tano:l ':0 Á~1'C ~..q~ .:Ig¡ 'Iuo'f:¡.dm.x. ,ot,gt.... ~~ 1ImPUIII'::"JlI.;r . UT a:¡'OA Á:¡.uno:l .I0/pu" );1.1"0 ..:r.,;o", 1IIIl.{"J ::a'1;¡:. Á1UO .a..eU'J.nq 6urpu..dx. PUll' ....111,1 ClO:: p.~u"J:5 ¡¡q '.,1"::- ,uoT,dmaX9 x f',..c't:· L .:teqo~:::IO 1,10 .P'1'.:r:01'¡ ;0 '.1'a:¡'OA IIIq~ ...'a'd ~U'ilg¡pUI;IIIll"l "["1. o'J:+'I'I:¡f~.uo:l I'ql ..:upun 'I' . NOI~.rR'T Tnntllnr.) '-' ....,; ORDINANCE NO. 01-17 AN ORDINANCE RELATING TO ST. LUCIE COUNTY , FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABUSHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR MATT STONE EAST, INC., 4600 MAGNUM DRIVE, FORT PIERCE, FLORIDA, A NEW BUSINESS; PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD VALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO MATT STONE EAST, INC.; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT MATT STONE EAST, INC. MEETS THE DEFINITION OF A NEW BUSINESS; PROVIDING A SEVERABIUTY CLAUSE; PROVIDING AN EFFECTIVE DATE · · · BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. · LUCIE COUNTY, FLORIDA: ARTICLE I . Short Title t This Ordinance shall be known as County Ordinance No. 01-17 "Economic Development Ad Valorem Tax Exemption - Matt Stone East, Inc. . ARTICLE II ~ Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County, Florida". the Board grants and establishes an '-' '-' exemption from ad valorem taxation of the assessed value of Matt Stone East, Inc., 4600 Magnum Drive, Fort Pierce, Florida, in accordance with the following exemption phase out schedule: Year 1 (Fiscal Year 2001-02) Year 2 Year 3 Year 4 Year 5 Year 6 10070 9070 8070 6070 40% 20% 4 · No exemption shall be granted on the land on which improvements are made by Matt f Stone East, Inc. ARTICLE III f Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem 4 tax sources is $68,695,677.12. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $106,041.79. Revenues · to be lost by granting of this exemption for the current fiscal year are estimated to be · $40,376.68. ARTICLE IV · Expiration Date . The Economic Development Ad Valorem Tax Exemption granted to Matt Stone East, Inc., a new business shall be for six (6) years from the date of Board adoption of this Ordinance. '-' 'wi ARTICLE V Finding The Board of County Commissioners of St. Lucie County, Florida, finds that Matt Stone East, Inc. is a new business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reServeS the right to repeal the exemption if Matt Stone East, Inc. no longer satisfies the criteria set out above. . ARTICLE VI . Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. ~ ARTICLE VII ~ ~ ~ Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. ~ ARTICLE VIII ~ Adoption After motion and second, the vote on this Ordinance was as follows: Chairman Frannie Hutchinson xx ~GENDA REQUEST ITEÑWÔO. Cf::, r DATE: August 28, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney 4 SUBJECT: 2001 Economic Development Ad Valorem Tax Exemption Application - Liberty Medical Supply, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board: (1) Accept the report of the Property Appraiser: and, (2) Grant permission to advertise Ordinance No. 01-16 for a public hearing on September 11, 2001, at 9:00 a.m. which is a day meeting. [ ] APPROVED [ ] DENIED [1q OTHER: Pulled ouglas Anderson County Administrator COMMISSION ACTION: Review and Approvals County Attorney: 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. 01-2045 DATE: August 22, 2001 · SUBJECT: 2001 Economic Development Exemption Application - Liberty Medical Supply, Inc. ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law, a copy of which is attached. The ordinance was adopted subject to a referendum held on November 3, 1992 which passed. Also attached is a copy of Resolution No. 92-264 adopted on October 20,1992 establishing a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses. · Attached is an application filed by Liberty Medical Supply, Inc. As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the findings state, Liberty Medical Supply, Inc. submitted the required information and met the statutory definition of an new business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $1,530,653. The estimate of revenue lost to the County if the exemption were granted during the current fiscal year is $13,692.61. · The application reflects 765 St. Lucie County residents to be employed by Liberty Medical Supply, Inc. Under the property tax eligibility chart, it appears that Liberty Medical Supply, Inc. would receive a ten (10) year exemption, phased as follows: """ """" Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 80/0 70/0 60/0 50/0 40/0 30/0 20/0 1010 Also attached is a copy of draft Ordinance No. 01-16 which, if adopted, would grant Liberty Medical Supply, Inc. an economic ad valorem tax exemption for a period of ten (10) years. RECOMMENDATION/CONCLUSION: Staff recommends that the Board: 1. Accept the report of the Property Appraiser. 2. Grant permission to advertise Ordinance No. 01-16 for a public hearing on September 11, 2001. Daniel S. McIntyre County Attorney ~ . DSM/caf Attachments . '-" ....., ORDINANCE NO. 92-24 AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CREATING ARTICLE V (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS) RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR CERTAIN NEW AND EXPANDING BUSINESS PROPERTIES; PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING PROCEDURES FOR APPLICATION FOR EXEMPTION; SPECIFYING DUTIES OF THE PROPERTY APPRAISER IN CONNECTION· WITH SUCH PROPERTY; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commis sioners of st. Lucie County, Florida, has made the following determinations: 1. Section 196.1995, Florida Statutes, provides the Board of County Commissioners may hold a referendum granting Economic Development Ad Valorem Tax Exemptions under section 3, Article VII \ of the State Constitution. ~ 2. This Board believes that amending Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, s by creating Economic Development Ad Valorem Tax Exemptions for a new or expanding business is in the best interest of the health, safety and public welfare of the citizens of st. Lucie County, Florida. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: EtruoJc through. pas sages are deleted. added. Underlined passages are 1 :tI>-rJc., (!) 1-'·0 n ......:Þ o (!) ::¡ '1 ::¡ o.Z(!) ~~g: (!) I-' o~æ ...... ;, , -o! ~f-In INI-' 'Ü (!) wN~ 010 ~¡/::.H, ..COr!" U1 =r *"0\ CD :Þ () . 1-" 3: Ii n os:: :tit-'. n- td o() 00 ::>::ç:: '1 n- O, CO(/) N:'" W.. s:: n 1-" 'dro :Þ C1() MO s:: ;J NQ" 0\ o o '-' "wII PART A. AMENDMENT CODE OF FLORIDA. OF CHAPTER 1-19.3 (TAXATION) OF THE ORDINANCES OF ST. LUCIE COUNTY, Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by creating Article V (Economic Development Ad Valorem Tax Exemptions) to read as follows: Chapter 1-19.3 TAXATION ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS Section 1-19.3-51. Short Title. This Ordinance shall be known as County Ordinance No. 92-24, "Economic Development Ad Valorem Tax Exemption ReGulations of St. Lucie Countv, Florida." Section 1-19.3-52. . Enactment and Authoritv. Pursuant to Section 3, Article VII of the State Constitution and in accordance with Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules, Chapter 120-7, Florida Administrative Code, incorporated municipalities and counties individually or in combination are authorized and empowered to adopt, amend or revise and enforce an ordinance relatinG to economic development ad valorem tax exemptions, after the electors of such municipality or county, votinG on the question in a referendum, authorize the adoption of such ordinance. Struck through passages are deleted. added. Underlined passages are 2 o ;ö co o o ~ o CO N W . '"0 ;Þ G1 C'1 N 0\ o f-J 4 ~ '-' '-' ,Section 1-19.3-53. Jurisdiction. The area subiect to this Ordinance shall be incorporated and unincorporated St. Lucie County. Section 1-19.3-54. Purpose and Intent. The public health, safety, comfort, economy, order, convenience and qeneral welfare require the harmonious, orderly and ro ressive develo ment of new business and ex ansion of existin business within Florida and its incorporated municipalities and counties. In furtherance of this qeneral purpose counties by Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida , Department of Revenue Rules, Chapter 12D-7, Florida Administrative Code, are authorized and empowered to adopt, amend' or revise and enforce measures relatinq to economic development ad valorem tax exemptions for new business and expansion of existinq business. It is the intent' of this Ordinance to secure or to ensure: .L. The establishment of criteria for qrantinq such exemptions to certain types of businesses or industries or for denyinq exemptions on a rational, nonarbitrary, nondiscriminatory basis by the Board of County Corrunissioners. ~ No precedent shall be implied or inferred by the qrantinq of an exemption to a new or expandinq business. Applications for exemptions shall be considered bv the Board of Count v Commissioners on a case-by-case basis for each application, after consideration of the Property Appraiser's report on that application. l=. Any exemption qranted shall apply up to one hundred percent 1100%) of the assessed value of all improvements to real property made by or for the use of a new business and all tanqible personal property of such new business, or up to one hundred percent (100%) of the assessed value of all added improvements to real property which additions are made to facilitate the expansion of an Struo];: through passages are deleted. added. Underlined passages are 3 o ::ö (] o o ;:;: o OJ N W '1J ;Þ C) tr1 N CJ\ o N ""'" 'WI .L.. Anv exemption shall be up to a ful1 ten IIO} year period from the time the exemption is qranted. L. No exemption shall be qranted on the land which new or expanded businesses are to be located. h No exemption shall be Granted on school or water manaGement district taxes, or on taxes levied for pavrnent of bonds or taxes authorized a vote of the electors of the County pursuant to Sections 9 or 12, Article VII, of the State Constitution. Section 1-19.3-55. Definition of Terms. The followinG words, phrases and terms shall have the same meaninGs attributed to them in current Florida Statutes and the Florida Administrative Code, except where the context clearly indicates otherwise: .L.. An A licant erson or cor oration submittin an Economic Development Ad Valorem Tax Exemption application to the Board. ~ Board - The St. Lucie County Board of Commissioners. ~ Business Any activity enGaGed in by any person, corporation or company with the obiect of private or benefit or advanta e either direct or indirect. ~ New Business - -ª-'- A business establishinq 10 or more iobs to employ 10 or more full-time employees in this County, which manufactures, processes, StrucJc through passages are deleted. added. Underlined passages are 4 o ;J:J IJ:J o o :;>;: o CO N W 'U :Þ Gì tTJ N (J\ o w h \w "'" compounds, fabricates, or produces for sale items of tanqible personal property at a fixed location and which comprises an industrial or manufacturinq plant; o ;:0 co o o ;;.: A business establishinq 25 or more iobs to employ ~5 Dr more full-time employees in this o CD N W County, the sales factor of which, as defined by s. 220.15 (5), Florida Statutes, for the facility with respect to which it requests an '"a ;Þ C) M economic development ad valorem tax exemption is less than '0.50 for each year the ex EUI'Ipt ion is claimed. No business enqaqed ~n retail N 0\ o operations as defined herein shall be eliqible ~ for an exemption pursuant to this subsection b; or ~ An office space in this state owned and used by a corporation newly domiciled in this County; provided such office space houses 50 or full-time such employees more of corporation; provided that such business or office first beqins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. Struck through passages are deleted. added. Underlined passages are 5 u - .;.:. """ '-' ~ Any business located in an area desiqnated enterprise zone that first beqins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. Expansion of Existinq Business s....:... A business establishinq 10 or more iobs to employ 10 or more full-time employees in this County, which manufactures, processes, compounds, fabricates, or produces for sale items of tanqible personal property at a fixed location and which comprises an industrial or manufacturinq plant; or ~ Any business establishinq 25 or more iobs to employ 25 or more full-time employees in this County, the sales factor of which, as defined by s.220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each Year the exemption is olaimed provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same business, resultinq in a net increase in employment of not less than 10 percent or Struc]c through passages are deleted. added. Underlined passages are 6 o ;a cc o o ;.:; o CO N W 'U ;Þ C1 [T] N 0\ o U1 ',:' '-" '-' an increase in productive output of not less than 10 percent. No business enqaqed in retail operations as defined herein shall be eliqible for an exemption pursuant to this subsection b. S An business located in an enter rise zone that increases operations on a site colocated with a commercial or industrial operation owned by the same business. 3.3 Business enqaqed in retail operations _ a business en a ed in a sale to a consumer or to an er.son of an item of tanqible personal property for any purposes other than for resale. ~ De artment - The Florida De artment of Revenue. ~ rm rovements - Ph sical chan es made to raw land and structures placed on or under the land surface. All personal property acquired an to facilitate ex ansion of an existin business rovided that the ersonal is added or increased on or after the da the ordinance is ado ted. ersonal However uired to re lace existin shall not be considered to facilitate businesses a expansion. ~ Sales Factor - A fraction the numerator of which is the total sales of the taxpayer in this state durinq the £trucJc through passages are deleted. added. Underlined passages are 7 o :ù OJ o o ::<: o OJ N W '1:J :Þ ø i:'1 N 0\ o 0\ '-' '-' taxable year or period and the denominator of which is the total sales of the taxpayer everywhere durinq the taxable year or period. (See Section 220.15(5) , Florida Statutes for specifics of computation). Section 1-19.3-56. General. The Economic Development Ad Valorem Tax Exemption is a local o tion tax incentive for new or business which ma be ranted or refused at the sole discretion of the Board. To a for such an exemption a business locatinG or expandinG in the cor orated or unincor orated area of S~.Lucie Count must file an a lication Florida De artment of Revenue Form DR-41ß.. - See Attachment 1) with the Board. Satisfactory proof that the business meets the criteria for exem tion as a new business or ex ansion of an existin business as defined by this Ordinance must accompany the Application. The Application shall be filed on or before 1 March of the year in which an exemption is requested. Exemption from County tax may only be Granted by the Board. The exemption Granted under this Ordinance shall not accrue to im rovements to real made b or for the use of new or ex andincr businesses when such irn rovements have been included on the tax rolls prior to the referendum authorizinq this Ordinance. Section 1-19.3-57. Procedure. Before the Board acts on an application, it must be submitted to the Property Appraiser for review. After careful consideration, Struc]c through passages are deleted. added. Underlined passages are 8 o :u D:J o o ;>:: o ()) N W . 'U :Þ ø [T] N Q) o -.J the ~ . :... . .:. : ...... '-' shall re ort to the Board concernin the fiscal impact of qrantinq exemptions. the The raiser's Re ort shall include the followin : .L.. The total revenue available to the County for the current fiscal year from ad valorem tax sources. l.." The amount of revenue foreqone by the County for the current fiscal year because of economic develo ment ad valorem tax exemptions previously qranted. l:. An estimate of the amount of revenue which would be foreqone for the current fiscal ,ear if the exem tion is qranted to the new or expandinq business. .L. After consideration of the report of the Property Appraiser. Board ma the tax choose to ado Ordinance exem tion to a business. The Ordinance shall be ado ted in the same manner as an other ordinance of the Count . The Ordinance shall include the followinq information; .L.. l.." .h .L. The name and address of the new or expandinq business. The amount of revenue available from ad valorem tax sources for the current fiscal Year. revenue foreqone for the current fiscal ear because of economic develo~ment ad valorem tax exemptions currently in effect. and the amount of estimated revenue which -,·:ould be foreaone because of the exem tioD ranted to th= new or ex andin business. The ex iration date of the exem tion. U to ten ears from date of Board adoption of the Ordinance qrantin~ the exemption} A findin that the business meets the definition of a new business or an expansion of an existinq business. Struck througlt passages are deleted. added. Underlined passages are 9 o ;0 CD o o ^ o OJ tv W 't :Þ C) tT1 tv Q'\ o OJ '-' ....,¡ ~ The Board's business no exemption. authori tv to revoke an exemption lonqer satisfies the criteria if the for the Section 1-19.3-58. Fees. Fees char the cost of processin the Economic Develo ment Ad Valorem Tax lication or Ordinance shall be adopted bv the Board bv resolution. Section 1-19.3-59. Eliqible Business or Industry. An business or indust as defined in Section 1-19.3-55 h 3. 1 and 3.2 that does not as an ineli ible business or industry as defined in Section 1-19.3-60. When considerinq the issue of whether or not a business or indust is an eli ible business as defined herein the Board shall consider the anticipated number of employees, averaqe waqe, type of industr or business environmental im acts volume of business or roduction or an other information' relatin to the issue of whether the proposed development would siqnificantlv improve economic development in St. Lucie County prior to acceptinq the Economic Development Ad Valorem Tax Exemption Application. The criteria for determininq the lenqth of an exemption and the e amount of an exem be formulate'd b the Board b resolution. The criteria shall provide for incentives for businesses that employ St. Lucie County residents who establish permanent domicile pursuant to Florida Statutes. Struc]c through passages are deleted. added. Underlined passages are 10 o :0 OJ o o ::<: o OJ N W "0 :Þ G) ttJ N 0'1 o \D \w -' . Section 1-19.3-60. Ine1iqible Business or Industry. An business or industr in violation of an federal or local law or requlation qoverninq environmental matters such as air, water, and noise pollution. Section 1-19.3-61. Appeals. The decision of the Board not to qrant an Economic Development Ad Valorem Tax Exemption to a particular business or industry is sub'ect onl 'udicial review ursuant to the Florida Rules of Appellate Procedure. Section 1-19.3-62 - 1-19.3-70. Reserved. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this. ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional{ inoperative { or void{ such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person{ property { or circumstance{ such holding shall not affect its applicability to any other person, pro~erty{ or circumstance. Struck through pas sages are deleted. added. Underlined passages are 11 o :1:J tI:I o o ::>:; o CO N W '"( :Þ G) tt:I N 0\ ¡...¡ o '-" "-' PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This Ordinance shall take effect only upon approval by the voters on November 3, 1992 of the ballot question authorized by the Board in Resolution No. 92-175. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE PART G. CODIFICATION. Provisions of this ord{nance shall be incorporated in the Code of Ordinances of St. Lucie County,· Florida, and the word" "ordinanç;e" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention¡ provided, however, that parts B to G shall not be codified. Stnw]¡: through pas sages are deleted. added. Underlined passages are 12 o ;0 OJ o o ~ o Q) N W '0 :Þ CJ tr1 N G\ j-J j-J t t '-' '-' PASSED AND DULY ADOPTED THIS 6th day of October, 1992. ATTEST: BOARD OF COUNTY COMMISSIONERS'~, ST. LUCIE COUNTY, FLORIDA· '. >. ~~;1 CHAIRMAN 'j \. ) (..'., L" ,". . ,. ~'-. l. - .:.. COUNTY Struck through passages are deleted. added. Underlined passages are 13 <. o :u OJ o o ;;<: o CO N W . . 'U :t> c;) r<1 N 0'1 f-! N . . ~ J D?uglas Dixon, r-~rk of the Circuit Court --'to Lucie County FIle Number: ] 11 7 1 7 OR BOOK 0 1. 3 PAGE 035 7 Recorded: lO-27~ 02:43 P.M. ...., RESOLUTION NO. 92-264 A RESOLUTION ESTABLISHING A PROPERTY TAX EXEMPTION PHASE OUT SCHEDULE AND PROPERTY TAX EXEMPTION ELIGIBILITY RATE SCHEDULE FOR NEW OR EXPANDING BUSINESS APPLYING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PURSUANT TO ORDINANCE NO. 92-24 WHEREAS, the Board of County Commissioners of St. Lucie . County, Florida, has made the following determinations: 1. On September 8, 1992, this Board adopted Resolution 92- . 175 which implemented the provisions of Section 196.1995, Florida Statutes which authorized the Board of County Commissioners the ~ authority to call a referendum on the issue of granting a local Option Economic Ad Valorem Tax Exemption. 2. On October 6, 1992, this Board adopted Ordinance No. 92- 24, which amended Chapter 1-19.3 (TAXATION) of the Code of Ordinances of St. Lucie County, Florida, by creating Article V - . Economic Development Ad Valorem Tax Exemption. Enactment of Ordinance No. 92-24 is contingent on a majority vote in the November referendum election. 3. Section 1-19.3-59 (Eligibility Business or Industry) of Ordinance No. 92-24 provides for the formulation of criteria for determining the length of an exemption and the percentage amount of an exemption pursuant to resolution of this Board. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby adopts the Property Tax Exemptions Phase Out Schedule and Property Tax Eligibility Chart, attached 1 . ........ .....I hereto and referred to collectively as "Exhibit A," for purposes of establishing eligibility of a tax exemption for new or expanding businesses pursuant to Ordinance No. 92-24. 2. This Board shall provide incentives for businesses to employ St. Lucie County residents. These incentives shall be the following: a) If a business can verify after the first year of exemption that sixty percent (60%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to one additional year from the standard exemption as set forth on "Exhibit A." b) If a business can verify after the first year of exemption that eighty percent (80%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to two additional years from the standard exemption as set forth on "Exhibit A." 3. The Board shall have the discretion to modify the eligibility requirements based on other significant factors including, but not limited to, the following: a) The increase in local employment attributable to the new or expanding business; b) The unemployment and underemployment available local labor force and the types of jobs created therein; of the and wages c) The amount of capital investment purchased by the new or expanding business; d) The ability of the county to otherwise meet its total fiscal needs should the requested exemption be granted; e) The cost of any increased local government services, including but not limited to roads, water, sewer, gas and law enforcement, and other direct expenditures associated with that specific business. 2 o ::a to o o ;;;: t o œ t-J 0J . 't ;Þ () tT1 o 0J lJ1 œ '-' ""'" After motion and second, the vote on this resolution was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner R. Dale Trefelner AYE Commissioner Havert L. Fenn AYE Commissioner Judy Culpepper AYE PASSED AND DULY ADOPTED this 20th day of October, 1992. ATTEST: . BOARD OF COUNTY COMMI~IONERS. ST. LUCIE COUNTY, FL~RIDA 9= ~ . Ch~rman -~; .. .. ^r.t "-,<. - Ylv¿~~~ Deut!YJ lCU;r~~ bE.'.. ....·:c"...... .0') \\. (,. " <:",.- ¡,vc~ .... ,.,}\. (~'/~r.,'""';~(0:t \::;;-';\ t! I Õ ...-.,..·.1 '--;.J ~~~}tli~~~~ì .. By: c/ ..1 ~~ , ¡< I, ;<', APPROVED AS TO FORM AND CORR,ECTNESS: 0 / .,1 -!;j4/ç-IJ"'!/lt·i" . ·~a . ~ ? . County Attor¡By / ./ _/ 3 0 ;ö IJJ I 0 0 ;;<: 0 CO 4 -I lù . "Ci ,. C) C%1 ~ 0 lù U1 \0 '-' ...,J PROPERTY TAX EXEMPTION ELIGIBILITY ELIGIBILITY (number of years) NUMBER OF STANDARD 60% SLC 80% SLC EMPLOYEES EXEMPTION RESIDENTS RESIDENTS 10 .... 24 5' 6 7 25 - 49 6 7 8 50 - 99 7 8 9 100 - 199 8 9 10 200 + ( DISCRETION OF COMMISSION) L~ss than five (5) years is left to the discretion of the Board. "EXHIBIT A" 0 :;ò tJ:j f 0 0 ;:x: 0 OJ -J lù . 'Tj :» C) (T . 0 W Q\ 0 '-" 'wtI ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION APPLICATION Ordinance No. 92-24, St. Lucie County Code of Ordinances, Chapter 196, Florida Statutes · To be filed with the Board of County Commissioners ofSt. Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested. 1. Business Name and Mailing Address: Liberty Medical Supply. Inc.. a wholly owned subsidiary of PolyMedica Corporation. 10045 South Federal Highway. Port St. Lucie. Florida 34952 · · 2. Please give name and telephone number of Owner or Person in Charge of this business: Name: Warren K. Trowbridge. President Telephone Number: (561) 398-5800 ~ 3. Exact Location (Legal Description and Street Address) of Property for which this return is filed: Parcel "B" Plat of Town Centre. according to the Plat thereof as recorded in Plat Book 25. Page 35. Public Records of St. Lucie County. Florida. 10045 South FederaI Highway. Port St. Lucie. Florida 34952 4. Date you began, or will begin, business at this facility: April 15. 2000 5. a. Description of the improvements to real property for which this exemption is requested: Complete euttine and renovation of existing improvements to create executive and administrative offices. call center. operating center. 5. b. Date of commencement of construction of improvements: October 4. 1999. 6. a. Description of the tangible personal property for which this exemption is requested and date when property was, or is to be, purchased: See Exhibit "A" attached hereto Taxpayer's Estimate of Condition Good Average Poor Taxpayer's APPRAISER'S Estimate of USE Fair Market ONLY Value Condition 4 ~ 'wII b.Average Value ofInventory on hand: N/A. c. Any additional personal property not listed above for which an exemption is claimed must be returned on fonn DR-405 (Tangible Personal Property Tax Return) and a copy attached to this fonn. I 7. Do you desire exemption as a: x "New Business" or as an "Expansion of an Existing Business" . 8. Describe the Type or Nature of Your Business: Administrative offices and call center for distributor of medical equipment and supplies for diabetics. . 9. Trade Level (Check as many as apply): Wholesale _ Manufacturing _ Professional Service Office X Other ----X- 4 10. a. Number of full-time employees to be employed in S1. Lucie County, Florida: 765 as of January 1. 2001: Approximately 870 by June 2002. b. If an expansion of an existing business: (1) Net increase in Employment_% (2) Increase in productive output resulting from this expansion_ % 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility-One (1) location only $11.550.888.75 divided by Total sales everywhere from this facility-One (1) location only $166.735.147.00 = 6.93% 12. For office space owned and used by a corporation newly domiciled in Florida: a. Date of incorporation in Florida: N/A b. Number of Full-time employees at this location: N/A . 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional infonnation as required by the Board of County Commission or Property Appraiser: N/ A . 2 I hereby request the adoption of an o~ance granting an exemption from ad v~em taxation on th~ abov~ property pursuant to Section 196.1995, Florida Statutes as incorporated by Ordinance No. 92-24, St. Lucie CountY Code of Ordinances. I agree to furnish such other reasonable information as the Board of CouÍ1ty Commissioners or the Property Appraiser may request in regard to the exemption requested herein. I hereby certifY that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) DATE: 2~? 'J.Ci)J SIGNED: M- t? (~ · ro . (Preparer) ROBERT N. KLEIN, ESQ LIBERTY EDICAL S ~PLY~ I SIGNED: CÅ.- I DEAN, MEAD, MINTON & KLEIN (Taxpayer) WAR (preparer's Address) « TITLE: PRESIDENT 1903 S. 25TH STREET, SUITE 200, (preparer's Telephone Number) (561) 464-7700 FORT PIERCE, FL, 3494~ 4 ~ PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: "A ,,,QC:; ,"77 .12 2. Revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 106.041.79 3. Estimate of the revenue wmch would be lost to the county or municipality during the current fiscal year if the exemption applied for were granted had the property for wmch the exemption is requested otherwise been subject to taxation: 13,692.61 4 4. Estimate of the taxable value lost to the county if the exemption applied for were granted: 1 r ')10 , fS1 5. Estimated number of St. . Lucie County residents to be employed in county: 765 Improvements to real property 544 700' Personal Property qR C:;, q c:; i 6. I have determined that the property listed above meets the definition, as defined by Section 196.0 12( 15) or (16), Florida Statutes; as incorporated by Ord. No. 92-24, St. Lucie County Code ofOr~inances as a New Business X , as Expansion of an Existing business , or Neither 7. Last year for which exemption may be applied: at Boar' . t DATE: SIGNED: . RETURN TO BE FILED NOT LATER THAN MARCH 1 3 '-' '..I ORDINANCE NO. 01-16 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD V ALOREM TAXATION FOR LIBERTY MEDICAL SUPPLY, INC., 10045 SOUTH FEDERAL HIGHWAY, PORT ST. LUCIE, FLORIDA, A NEW BUSINESS; PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD V ALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO LIBERTY MEDICAL SUPPLY, INC.; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THA T LIBERTY MEDICAL SUPPLY, INC. MEETS THE DEFINITION OF A NEW BUSINESS; PROVIDING A SEVERABILITY CLAUSE: PROVIDING AN EFFECTIVE DATE · · 4 ~ BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. 4 LUCIE COUNTY, FLORIDA: ARTICLE I · Short Title · This Ordinance shall be known as County Ordinance No. 01-16 "Economic Development Ad Valorem Tax Exemption - Liberty Medical Supply, Inc. · ARTICLE II t Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an '- '-..I exemption from ad valorem taxation of the assessed value of Liberty Medical Supply, Inc., 10045 South Federal Highway, Port St. Lucie, Florida, in accordance with the following exemption phase out schedule: t Year 1 (Fiscal Year 2001-02) Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 100'Yo 90 'Yo 80 'Yo 70 'Yo 60% 50 'Yo 40% 30% 20% lO'Yo « · ~ No exemption shall be granted on the land on which improvements are made by Liberty Medical Supply, Inc. ARTICLE III · Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem · tax sources is $68,695,677.12. Revenues lost to the County for the current fiscal year by · ad valorem tax exemptions under this section currently in effect are $106,041.79. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be · $13,692.61. · '-" ....., ARTICLE IV Expiration Date The Economic Development Ad Valorem Tax Exemption granted to Liberty Medical · Supply, Inc., a new business shall be for ten (10) years from the date of Board adoption of this Ordinance. ~ ARTICLE V Finding · The Board of County Commissioners of St. Lucie County, Florida, finds that Liberty · ~ Medical Supply, Inc. is a new business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption if Liberty Medical Supply, Inc. no longer satisfies the criteria set out above. ARTICLE VI · Severability 4 If any section, subsection, paragraph, sentence, clause, phrase, or portion of this · Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and · severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. · '-' -..,; ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary 4 of State. ARTICLE VIII ~ Adoption After motion and second, the vote on this Ordinance was as follows: . Chairman Frannie Hutchinson , 4 ~ xx Vice Chairman Doug Coward xx Commissioner John D. Bruhn xx Commissioner Paula Lewis xx Commissioner Cliff Barnes xx · PASSED AND DULY ADOPTED this _ day of ,2001. 4 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA f BY: · Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESs: · BY: County Attorney ..... ~GENDA REQUEST ITE1W-IO. r / /.ç} DATE: August 28, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: 2001 Economic Development Ad Valorem Tax Exemption Application - Twin Vee Powercats, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: 4 PREVIOUS ACTION: 4 RECOMMENDA TION: Staff recommends that the Board: (1) Accept the report of the Property Appraiser: and, (2) Grant permission to advertise Ordinance No. 01-15 for a public hearing on September 11, 2001, at 9:00 a.m. which is a day meeting. COMMISSION ACTION: LX] APPROVED [ ] DENIED [ ] OTHER: . . ouglas Anderson County Administrator Review and Approvals County Attorney, 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. 01-2046 DATE: August 22, 2001 SUBJECT: 2001 Economic Development Exemption Application - Twin Vee Powercats, Inc. ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law, a copy of which is attached. The ordinance waS adopted subject to a referendum held on November 3, 1992 which passed. Also attached is a copy of Resolution No. 92-264 adopted on October 20, 1992 establishing a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses. 4 ~ Attached is an application filed by Twin Vee Powercats, Inc. As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the findings state, Twin Vee Powercats, Inc. submitted the required information and met the statutory definition of an new business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $477,249. The estimate of revenue lost to the County if the exemption was granted during the current fiscal year is $4,269.28. t The application reflects 40 St. Lucie County residents to be employed by Twin Vee Powercats, Inc. . Under the property tax eligibility chart, it appears that Twin Vee Powercats, Inc. would receive a five (5) year exemption, phased as follows: Year 1 100/'0 \w ...., Year 2 Year 3 Year 4 Year 5 80% 60/'0 40/'0 20/'0 After the first year of exemption, if a business can verify that more than sixty (60/'0) or eighty (80/'0) percent of its full-time employees have been residents of St. Lucie County for more than six (6) months prior to employment, then the business may be entitled to additional years of exemption. Also attached is a copy of draft Ordinance No. 01-15 which, if adopted, would grant Twin Vee Powercats, Inc. an economic ad valorem tax exemption for a period of five (5) years. RECOMMENDATION/CONCLUSION: Staff recommends that the Board: 1. Accept the report of the Property Appraiser. 2. Grant permission to advertise Ordinance No. 01-15 for a public hearing on September 11, 2001. Respectfully submitted, Daniel S. McIntyre County Attorney . J DSM/caf Attachments f . ~ J Douglas Dixon, r· ~k of the Circuit Court .~. Lucie County Fi le Numbe:-: J. \...Q. l 7 l 7 OR BOOK 0 >Jl3 PAGE 03 5 7 Recorded: 10-27-92 02:43 P.M. RESOLUTION NO. 92-264 A RESOLUTION ESTABLISHING A PROPERTY TAX EXEMPTION PHASE OUT SCHEDULE AND PROPERTY TAX EXEMPTION ELIGIBILITY RATE SCHEDULE FOR NEW OR EXPANDING BUSINESS APPLYING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PURSUANT TO ORDINANCE NO. 92-24 WHEREAS, the Board of County Commis sioners of St. Lucie County, Florida, has made the following determinations: 1. On September 8, 1992, this Board adopted Resolution 92- 175 which implemented the provisions of Section 196.1995, Florida Statutes which authorized the Board of County Commissioners the authority to call a referendum on the issue of granting a local Option Economic Ad Valorem Tax Exemption. 2. On October 6, 1992, this Board adopted Ordinance No. 92- 24, which amended Chapter 1-19.3 (TAXATION) of the Code of Ordinances of St. Lucie County, Florida, by creating Article V - Economic Development Ad Valorem Tax Exemption. Enactment of Ordinance No. 92-24 is contingent on a majority vote in the November referendum election. 3. Section 1-19.3-59 (Eligibility Business or Industry) of Ordinance No. 92-24 provides for the formulation of criteria for determining the length of an exemption and the percentage amount of an exemption pursuant to resolution of this Board. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby adopts the Property Tax Exemptions Phase Out Schedule and Property Tax Eligibility Chart, attached 1 '-' ~ hereto and referred to collectively as "Exhibit A," for purposes of establishing eligibility of a tax exemption for new or expanding businesses pursuant to Ordinance No. 92-24. 2. This Board shall provide incentives for businesses to employ St. Lucie County residents. These incentives shall be the following: a} If a business can verify after the first year of exemption that sixty percent (60%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to one additional year from the standard exemption as set forth on "Exhibit A." b) If a business can verify after the first year of exemption that eighty percent (80%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to two additional years from the standard exemption as set forth on "Exhibit A." 3. The Board shall have the discretion to modify the eligibility requirements based on other significant factors including, but not limited to, the following: a) The increase in local employment attributable to the new or expanding business; b) The unemployment and underemployment available local labor force and the types of jobs created therein; of the and wages c) The amount of capital investment purchased by the new or expanding business; d) The ability of the county to otherwise meet its total fiscal needs should the requested exemption be granted; e} The cost of any increased local goverrunent services, including but not limited to roads, water, sewer, gas and law enforcement, and other direct expenditures associated with that specific business. 2 0 . ;:ö C:::I 0 0 :;;;: 0 OJ f-J W >-¡;¡ » CJ txI 0 W lJ1 OJ . '-' ...., After motion and second, the vote on this resolution was as follows: Chairman Jim Minix AYE vice Chairman Jack Krieger AYE Commissioner R. Dale Trefelner AYE Commissioner Havert L. Fenn AYE Commissioner Judy Culpepper AYE PASSED AND DULY ADOPTED this 20th day of October, 1992. . ATTEST: BOARD' OF COUNTY COMMI~I~0NERS' ST. LUCIE COUNTY, FLqRIDÄ, ~~.., 'J Chairman .-.- l/lÆ/2~~~~ D~:Üt!Y; tel è.":':Hj, ",. '1::- ...,...,7'"Y'"" 'i).., (!:'"., ...~"(.'"'.~~ """-"-" "~ :..~~':::--. / "'¥J-~ L ~\".~ ~~. .?\ ..... ... / r.:----' .. .. ~1 ¡¡ g ( l1;;:ii:{':~ ~~,~~j}(::é!~~l By: r..! '/ "./ ..!) lii;' : ".-¡ APPROVED AS TO FORM AND CORRECTNESS: 0 / /" I' r¡ /JIJ-rM County Attor~ey / .-' / _/ 3 0 ;:0 . i::::I 0 0 ^ 0 OJ f-! W '"'= :t> CJ c:1 0 W Úl \0 1 \w- ....,.¡ PROPERTY TAX EXEMPTION ELIGIBILITY ELIGIBILITY (number of years) NUMBER OF STANDARD 60% SLC 80% SLC EMPLOYEES EXEMPTION RESIDENTS RESIDENTS 10 - 24 5' 6 7 25 - 49 6 7 8 50 - 99 7 8 9 100 - 199 8 9 10 200 + (DISCRETION OF COMMISSION) . Less than five (5) years is left to the discretion of the Board. "EXHIBIT A" 0 ::v ça 0 0 ^ 0 C!J . f-J. W ""C > G C'1 0 W (J\ 0 . 1 """" >.,J ORDINANCE NO. 92-24 AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CREATING ARTICLE V (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS) RELATING TO ST. LUCIE COUNTY r FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR CERTAIN NEW AND EXPANDING BUSINESS PROPERTIES; PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING PROCEDURES FOR APPLICATION FOR EXEMPTION; SPECIFYING DUTIES OF THE PROPERTY APPRAISER IN CONNECTION. WITH SUCH PROPERTY; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 196.1995, Florida Statutes, provides the Board of County Commissioners may hold a referendum granting Economic Development Ad Valorem Tax Exemptions under Section 3, Article VII \ of the State Constitution. ~ 2. This Board believes that amending Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, .. by creating Economic Development Ad Valorem Tax Exemptions for a s new or expanding business is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County I Florida. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: £truc], through. passages are deleted. added. Underlined passages are 1 :O'"<1c.... rD ",·0 O.....:Þ o rD ::I 'i ::I Q..ZrD rD~ Q.. ::r: .. 0 (D I-' o;;æ I-' ::I I -! ~f-Jn I ~,...... <.0 L \J rD wN~ 010 ~¡þ.H1 .. (0 rl" U'1 ::r ~(J'IrD :Þ n . ",. 3: 'i o OS:: ;:0 ",. rl" tp on 00 AS:: 'i rl" 01 (Om N:'" We-' s:: o ",. 'OrD :Þ C1n MO s:: ::I NQ" (J'I o o c c c 1 ~ ....., PART A. AMENDMENT CODE OF FLORIDA. OF CHAPTER 1-19.3 (TAXATION) OF THE ORDINANCES OF ST. LUCIE COUNTY, Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by creating Article V (Economic Development Ad Valorem Tax Exemptions) to read as follows: Chapter 1-19.3 TAXATION ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS Section 1-19.3-51. Short Title. ~. This Ordinance shall be known as County Ordinance No. 92-24, "Economic Development Ad Valorem Tax Exemption Requlations of St. Lucie County, Florida." Section 1-19.3-52. . Enactment and Authority. pursuant to Section 3, Article VIr of the State Constitution and in accordance with Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules, Chapter 12D-7, Florida Administrative Code, incorporated municipalities and counties individually or in combination are authorized and empowered to adopt, amend or revise and enforce an ordinance relatinq to economic development ad valorem tax exemptions, after the electors of such municipality or county, votinq on the question ~n a referendum, authorize the adoption of such ordinance. Strucl~ through passages are deleted. added. Underlined passages are 2 o ;I:1 tJJ o o " t o CO N W '1; :Þ C"J rrI N 0'1 o f-J f ~ "-' "wi Section 1-19.3-53. Jurisdiction. The area sublect to this Ordinance shall be incorporated and unincorporated St. Lucie County. Section 1-19.3-54. Purpose and Intent. The public health, safety, comfort, economy, order, convenience and qeneral welfare require the harmonious, orderly and ro ressive develo ment of new business and ex ansion of existin business within Florida and its incorporated municipalities and counties. In furtherance of this qeneral purpose counties bv Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida , Department of Revenue Rules, Chapter 12D-7, Florida Administrative Code, are authorized and empowered to adopt, amend or revise and enforce measures relatinq to economic development ad valorem tax exemptions for new business and expansion of existinq business. It o ::a ta o o ::>: . o ( ) N W '1:1 :Þ C) ttJ N 0\ o N is the intent' of this Ordinance to secure or to ensure: . L The establishment of criteria for 'qrantinq such exemptions to certain types of businesses or industries or for denvinq exemptions on a rational, nonarbitrary, nondiscriminatory basis bv the Board of County Commissioners. l..:. No precedent shall be implied or inferred by the qrantinq of an exemption to a new or expandinq business. Applications for exemptions shall be considered bv the Board of Count v Commissioners on a case-by-case basis for each application, after consideration of the Property Appraiser's report on that application. l..:. Anv exemption qranted shall apply up to one hundred percent (100%) of the assessed value of all improvements to real property made by or for the use of a new business and all tanqible personal property of such new business, or up to one hundred percent (100%) of the asses~ed value of all added improvements to real property which additions are made to facilitate the expansion of an Struck :'hrough passages are deleted. added. Underlined pas sages are 3 1 '-' ...., L An exemption shal1 be u to a full ten from the time the exemption is qranted. eriod 2...:.. No exemption shall be qranted on the land which new or expanded businesses are to be located. ~ No exem tion shall be Granted on school or mana ement district taxes or on taxes levied for a ent of bonds or taxes authorized a vote of the electors of the County pursuant to Sections 9 or 12, Article VII, of the State Constitution. Section 1-19.3-55. Definition of Terms. The followinq words, phrases and terms shall have the same meanin s attributed to them in current Florida Statutes and the Florida AdJ:ninistrative Code, except where the context clearly indicates otherwise: .L. A licant An erson or cor orati on submittin an Economic Development Ad Valorem Tax Exemption application to the Board. ~ Board - The St. Lucie County Board of Commissioners. 1..:. Business Any activity enqaqed in by any person, cor oration or corn an with the ob' ect of rivate or public crain, benefit, or advantaqe, either. direct or indirect. 3.1 New Business _ -ª--'- A business establishinq 10 or more lobs to employ 10 or more full-time emploveesin this County, which manufactures, processes, £truc]~ th::::-ough passages are deleted. added. Underlined passages are 4 . 0 :ö (Jj 0 0 ~ . 0 OJ N W '1J :Þ C) tr1 N 0\ 0 W ~ ~ £...,. '- .....1 comcounds, fabricates. or croduces for sale items of tanqible personal croperty at a fixed location and which comprises an industrial or manufacturincr plant; £..:.. A business establishinq 25 or more lobs to emcloy 25 or more full-time employees in this County, the sales factor of which. as defined by s. 220.15 (5), Florida Statutes, for the facility with respect to which it requests an economic development ·ad valorem tax exemption is less than '0.50 for each year the exemption is claimed. No business enqaqed in retail operations as defined herein shall be eliqible for an exemption pursuant to this subsection b; or An office space ~n this state owned and used by a corporation newly domiciled in this County; provided such office space houses 50 or full-time such more emcloyees of corporation; crovided that such business or office first beqins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. StrucJc through passages are deleted. added. Underlined passages are 5 o :u D:J o o ;x: . o OJ N W . '1:J :Þ ø trJ N 0\ o ~ 1 ~ - d. _I\.nv busirress located El an area desiqnated en~e~orise zone that fi~st beqins operation on a site from clearly separa':e any other commercial or industrial operation owned by the same business. ] . 2 Expansion of Existinq Business a. A business establishinq 10 or more lobs to emolov 10 or more full-time employees in this Count.v, which manufactures. processes, fabricates or produces for sale items of tanqible personal property at a fixed location and whic~ comprises an industrial or manufacturinq plant; or ~ Anv business establishinq 25 or more lobs to emoloy 25 or more full-time employees in this County, the sales factor of which, as defined bv 5.220.15(5), Florida Statutes, for the facility with respect to which it requests an eC0:10DlC developmen~ ad valorem tax exemption lS less than 0.50 for each year the exemotion is claimed provided that such business 'ncreases operations on a site colocated with a cc~~prcial or industrial ooeration owned bv the sane business, resultinq in a net increase In emDloY~ent of not less than 10 percent or b-::;-~:='r:~-e--:~:- -----T:-~~~f} passages are deleted. Underlined passages are clG(': ,___ 6 ~:. ,~-"'; . - ~- ---, - - 1:-' d '" '0 d lj e s are del e t p rì TTT'\~,......_l .: _ _ 1 o ;r:J OJ o o " o CO N W '"C ;Þ C) i:'1 N 0\ o (Jl ~ .. ". ....... \.,,/ taxable eriod and the denominator of which is the total sales of the taxpayer everywhere durinq the taxable year or period. (See Section 220.15(5), Florida Statutes for specifics of computation) . Section 1-19.3-56. General. The Economic Development Ad Valorem Tax Exemption is a local o tion tax incentive for new or business which ma be ranted or refused at the sole discretion of the Board. To a I for such an exemption a business locatinq or expandinq in the cor orated or unincor orated area of St'. Lucie Count must file an a lication Florida De artment of Revenue Form DR-41 8., - See Attachment 1) with the Board. Satisfactory proof that the business meets the criteria for exemption as a new business or expansion of an existinq business as defined by this Ordinance must accompany the Application. The Application shall be filed on or before 1 March of the year in which an exemption is requested. Exemption from Countv tax may only be qranted by the Board. The exemption qranted under this Ordinance shall not accrue to im rovements to real made b or for the use of new or ex andina businesses when such irn rovements have been included on the tax rolls prior to the referendum authorizinq this Ordinance. Section 1-19.3-57. Procedure. Before the Board acts on an application, it must be submitted to the Property Appraiser for review. After careful consideration. Struo]'C through pas sages are deleted. added. Underlined passages are 8 . 0 " OJ 0 0 " ~ 0 OJ N W "IJ :Þ G) t11 N 0\ 0 .,¡ 1 4 ·.~, """ ....,; the raiser shall re ort to the Board concernin the fiscal impact of qrantinq exemptions. The raiser's Re ort shall include the followin : L The total revenue available to the Countv for the current fiscal Year from ad valorem tax sources. L The amount of revenue forecrone b the Count current fiscal ear because of economic develo valorem tax exemptions previously qranted. for the ment ad ~ An estimate of the amount of revenue which would be fore one for the current fiscal year if the eXem tion is qranted to the new or expandinq business. .L. After consideration of th.e report of the Property Appraiser, the Board ma choose to ado t an Ordinance rantincr the tax exemption to a business. The Ordinance shall be ado ted in the same manner as an other ordinance of the Count The Ordinance shall include the followinq information; L The name and address of the new or expandinq business. L The amount of revenue available from ad valorem tax sources for the current fiscal year, revenue forecrone for the current fiscal ear because of economic develo~ment ad valorem tax exemptions currently in effect, and the amount of estimated revenue which '..:auld be forecrone because of the exem tion ranted to th~ new or ex andin business. ~ The ex iration date of the from date of Board adoption exemption) .L. A findin that the business meets the definition of a new business or an expansion of an existinq business. Struc]~ througa passages are deleted. added. Underlined passages are 9 . 0 ;:;:J OJ 0 0 - "'" 0 OJ tv , W , 4 '1J :Þ G) t'1 tv Gï1 0 OJ '-' ......, ~ The Board's business no exemption. exem tion if the the criteria for the Section 1-19.3-58. Fees. Fees charcred to offset the cost of processincr the Economic Development Ad Valorem Tax Exemption Application or any Exemption Ordinance shall be adopted by the Board by resolution. Section 1-19.3-59. Eliqible Business or Industry. Anv business or industry, as defined in Section 1-19.3-55, Para ra h 3.1 and 3.2 that does not ualifv as an ineli ible business or industry as defined in Section 1-19.3-60. When considerinq the issue of whether or not a busiQess or indust is an eli ible business as defined herein the Board shall consider the anticipated number of employees. averaqe waqe, type of industr or business environmental impacts volume of business or roduction or an other information' relatincr to the issue of whether the proposed development would sicrnificantly improve economic development in St. Lucie Countv prior to acceptinq the Economic Development Ad Valorem Tax Exemption Application. The criteria for determininq the lenqth of an exemption and the e amount of an exem be formulate"d b the Board b resolution. The criteria shall provide for incentives for businesses that employ St. Lucie County residents who establish permanent domicile pursuant to Florida Statutes. Struc], through passages are deleted. added. Underlined passages are 10 o ;;0 OJ o o " o OJ N W . 'U ;Þ ø M N 0\ o \D I ~ '-' ...., .Section 1-19.3-60. Ineliqible Business or Industry. An business or indust in violation of an federal state or local law or re ulation environmental matters such as a~r, water, and noise pollution. Section 1-19.3-61. Appeals. The decision of the Board not to qrant an Economic Development Ad Valorem Tax Exemption to a particular business or industry is sub' ect onl 'udicial review ursuant to the Florida Rules of Appellate Procedure. Section 1-19.3-62 - 1-19.3-70. Reserved. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1,1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circwnstance, such holding shall not affect its applicability to any other person, property, or circumstance. Struc]c through passages are deleted. added. Underlined passages are 11 0 " o:J 0 0 ;.: 0 . CO N W 'U ;Þ CJ trI N 0'1 f-! 0 ~ \..f -...I PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This Ordinance shall take effect only upon approval by the voters on November 3, 1992 of the ballot question authorized by the Board in Resolution No. 92-175. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County,Florida, and the word ""ordinanç:e" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to G shall not be codified. EtrucJc through passages are deleted. added. Underlined passages are 12 o ;¡¡ c:c o o à . o CO tv W . '"CJ :Þ () trI tv 0'1 f-1 f-1 ST. LUCrE COUNTy BOARD OF COUNTY COMI"![S~!ONERS ECONOMIC DE~ELÜ\...J T AD VALOREM TAX EXE!".....,! APPLICATION OrdlI1ance No. 92-24. Sl. Lucie County Cod~ of Ordinances, Chapter ¡ 96, Florid¿¡ Statutes To be filed :,it1~ the ~oard of County CommissionersofSt. Lucie County, Florida, no later tha.n March I of the year the exemptIon IS desIred to take effect. Please attach additiona! information, if necessary or requested. 1. Business Name and Mailing Address: Td.r; I/e"~ H:U/c?í'(4(;r //7( J&(;;,C~ <;,£ 1/',!/-:5C (;;rt"'~/Î by.~ ~r.f- .51- ¿ué.r·r R.-3Y7~7 2. Please g~e name and telephone number of Owner or Person in Charge'pfthis business: . Name: t<D~e( ~nSh~ -ë Telephone Number: CS" /) 337-c.f, -3 3 3. Exact Location (Legal Des~ription and Street Address) of Property for which this return is filed: L.-D..¡..q B)brr.. 7 tf:,,.¡. 5f..Ltic ":j:/J¿lCA"fn'u.! B.l-)( U11//-i I /¡"Ä0 .<;'E, L~lllo:.'i(' Äýr-r-ú7 Dr"". 4. D~te you began, or will begin, business at tlú~ ~acility: -11- U1') -; 'f- 15 èD6d 5. a. Description of the improvements to real property for which, this exemption' is requested: _ '2D, oeo ~~ I-~L /.J~CI·'t'> Jlbj"; ~ 195'5< "i¿' Yj .b,·íµ /1'V}.. b. Date of commencement of construction of improvements: ........ \ \ L\ ¡.'\(/ iJ'J t-. '2ðéJz) I 6. a. Description of the tangible personal property for which this exemption is requested and date when \ property was, or is to be, purchased: "- -~ Taxpayer's APPRAISER'S Estimate Taxpayer's USE Date of Estimate of ONLY of Original Condition F,Ür Market Class of Item Age Purchase Cost Good Avg. Poor Value Condition . 7-O,f.OO Sú. - ,1Ov, L1t. h V -3 ia/eX 1f¡,OO tJCJ¿) lY. f¡it/. No t'DC, v J D-I Z. l"t~, "7 ;"^fll>.('}~. -- --- - - "'-" -...J b. A verage Value of Inventory on hand: .J; LfOD, Cf;X:;: , c. Any additional personal property not listed above for which an exemption is claimed must be returned on form DRAG5 (Tangible Personal Property Tax Return) and a copy attached to this form. 7. Do you desire exemption as a: - "New Business" or as an L "Expansion of an Existing Business" 8. Describe the Type or Nature of Your Business: Ï) . ,1:)['(j Me-VI tJ -Ccj.1-C'.~;' (I (" 1;',. ¡"Ji. J "7 9. Trade Level (Check as many as apply): Wholesale _ Manufacturing x: Service Office Other Professional 10. a. Number of full-time employees to be employed in St. Lucie County, Florida 0/ b. If an expansion of an existing business: (1) Net increase in Employment 2-D (2) Increase in productive output resulting from this expansion 1~1t('pn,~ ?!-,-i'~'f' I/¡;J.-k, -1:-'lfJ:: I /~ 11. Sales factor for the facility requesting exemption: ç'7 5d_"2 Total sales in Florida from this facility-One (1) location only / kif /l u-. divided by Total sales everywhere from this facility-One (1) location only ; 7. Iv-- ,'11- = 7. 7 J'-1r I/, é'/...___ tf / J'-I"// -;-fl.;.7, t<'\, ',1::- 5" f)'c.j) 'L3S- For office space owned and used by a corporation newly domicded in Florida: a: Date of incorporation in Florida: /1 ç Y 12. b. Number of Full-time employees at this location: ,3; 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. 2 \w ...., 1 h~reby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statutes as incorporated by Ordinance No. 92-24, St. Lucie County Code of Ordinances. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may req uest in regard to the exemption requested herein. r hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) DATE: SIGNED: (Preparer) SIGNED: (Taxpayer) (Preparer' s Address) TITLE: (Preparer's Telephone Number) PROPERTY APPRAlSER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: 68.695.677.12 2. Revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 106,041.79 3. Estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subiect to taxation: 4 ?¡;q. ?R J , 4. Estimate of the taxable value lost to the county if the exemption applied for were granted: 477 .249 5. Estimated number of St. Lucie County residents to be employed in county: 40 Improvements to real property 401,900 Personal Property 75,349 6. I have determined that the property listed above meets the definition, as defined by Section 196.012(15) or (16), Florida Statutes, as incorporated by Ord. No. 92-24, St. Lucie County Code of Ordinances as a New Business , as Expansion ofan Existing business X , or Neither 7. Last year for which exemptionmay be applied: DATE: SIGNED: RETURN TO BE FILED NOT LATER THAN MARCH 1 ... .J '-" -...I ORDINANCE NO. 01-15 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR TWIN VEE POWERCATS, INC., 1666 S.E. VILLAGE GREEN DRIVE, PORT ST. LUCIE, FLORIDA, AN EXPANDING BUSINESS; PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD V ALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO TWIN VEE POWERCATS, INC.; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT TWIN VEE POWERCATS, INC. MEETS THE DEFINITION OF AN EXPANDING BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I Short Title This Ordinance shall be known as County Ordinance No. 01-15 "Economic Development Ad Valorem Tax Exemption - Twin Vee Powercats, Inc. ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax '-' ~ Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an exemption from ad valorem taxation of the assessed value of Twin Vee Powercats, Inc., 1666 S.E. Village Green Drive, Port St. Lucie, Florida, in accordance with the following exemption phase out schedule: Year 1 (Fiscal Year 2001-02) Year 2 Year 3 Year 4 Year 5 worD 80ro 60% 40'7'0 20'7'0 No exemption shall be granted on the land on which improvements are made by Twin Vee Powercats, Inc. ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is $68,695,677.12. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $106,041.79. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $4,269.28. ARTICLE IV Expiration Date The Economic Development Ad Valorem Tax Exemption granted to Twin Vee Powercats, Inc., an expanding business shall be for five (5) years from the date of Board adoption of this Ordinance. '-" ...., ARTICLE V Finding The Board of County Commissioners of St. Lucie County, Florida, finds that Twin Vee Powercaats, Inc. is an expanding business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption if Twin Vee Powercats, Inc. no longer satisfies the criteria set out above. ARTICLE VI Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. ARTICLE VIII Adoption After motion and second, the vote on this Ordinance was as follows: Chairman Frannie Hutchinson xx '-' ...., Vice Chairman Doug Coward xx Commissioner John D. Bruhn xx Commissioner Paula Lewis xx Commissioner Cliff Barnes xx PASSED AND DULY ADOPTED this _ day of ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNEss: BY: County Attorney ~ '-" ...., AGENDA REQUEST ITEM NO. C - 7 A DA TE: August 28, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] . TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul PhilliDs SUBJECT: Approve the $250,000 grant from the Federal Aviation Administration (FAA) for the design and construction of runway 14/32 rehabilitation project at St. Lucie County International Airport and approve the use of Airport Reserves as the $ I 3,888 local match for this funding request. BACKGROUND: On March 28,2000, the Board approved the submittal of the St. Lucie County International Airport Joint Automated Capital Improvement Program to the Florida Department of Transportation (FDOT) and the Federal Aviation Administration (FAA). One of the projects submitted for consideration was the design and construction of the runway I4/32 rehabilitation project atthe Airport. The funding requestto the regulatory agencies was $1,150,000 from the FAA, $73,888 from FDOT, and $73,888 of local funding. J f The FAA has agreed to partially fund design of the project at $250,000 with the balance split evenly with the FDOT ($13,888) and the Airport ($13,888). Therefore staff recommends that the Board authorize the use of$13,888 of the Airport Reserve to be used for the design of this project. 4 FUNDS AVAILABLE IN ACCT#: Funds will be made available from 140-99IO-599900-800 (Airport Carryforward Balance) to Airport Reserve to 140-4210-563000-400 (Airport improvements other than buildings) t PREVIOUS ACTION: N/A , RECOMMENDATION: Staff recommends that the Board approve the $250,000 grant from the Federal Aviation Administration (FAA) for the design and construction of runway 14/32 rehabilitation project at St. Lucie County International Airport and approve the use of Airport Reserves as the $ 13,888 local match for this funding request. 4 Reviews & AnnrovaIs j County Attnmey'm' r-'¡ OMB Originating Dept: .. .' !j.J¡J( Other: Finance:(Check fo opy ònly, if applicable) . COMMISSION ACTION: ~]APPROVED []DENIED [ ]OTHER: Purchasing Other: .I , '-" '...I R ~ ,'" r. f\ 'E r-. ~ ~ ,-" :"'h: '''t(' LJ , ~ Ç.' ,. -~~ 1 þ. - ST !..~'C : - . :-: -'-::~..; U.S. Department of Transportation Federal Aviation Administration ORLANDO AIRPORTS DISTRICT OFFICE 5950 Hazeltine National Dr., Suite 400 Orlando, Florida 32822-5024 Phone: (407) 812-6331 Fax: (407) 812-6978 February 6, 2001 Mr. Paul Phillips Airport Director St. Lucie County International Airport 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Dear Mr. Phillips: RE: St. Lucie County International Airport; Ft. Pierce, Florida AlP Number 3-12-0023-2101 Notice of Tentative Allocation We are pleased to announce the Administrator has approved an allocation of $400,000 under the Fiscal Year 2001 Airport Improvement Program for the following specific development at St. Lucie County International Airport: INSTALL PERIMETER FENCING; REHABILITATE RUNWAY 14-32 (PHASE 1 - DESIGN ONLY) Our representative will soon discuss with you the project development, equal employment opportunity and the civil rights requirements, In allocating Federal funds for this project, we considered the representations in your Joint Airport Capital Improvement Program (JACIP) for Federal Assistance as to firm local funds and your ability to proceed promptly with the project This allocation is contingent upon your developing a project schedule which allows the Federal Aviation Administration to issue a grant offer based on bids by June 1, 2001, Failure to comply with the schedule may result in cancellation of this allocation. Please find enclosed, a copy of our "Project Management Checklist" which will be used to track the progress of this project After review of the information, please contact your Airports District Office project manager to coordinate and establish the project schedule. In accordance with 49 CFR Part 26, St. Lucie County will be required to take all necessary and reasonable steps to insure that disadvantaged business enterprises (DBE) have the maximum opportunity to compete for and perform contracts under this PARTNERS IN CREATING TOMORROW'S AIRPORTS + I '-" .., 2 project. In this regard, you should contact our Civil Rights Staff at (404) 305-5250 to determine the status of any outstanding requirements under this part. Additionally, you are reminded of the testing laboratory requirements for pavement construction outlined in AC 150/5370-10A, "Standards for Specifying Construction of Airports." In addition, you are required to comply with Advisory Circular 150/5340-1 H, "Standards for Airport Markings," by including double-sized markings, outlined in black, with reflective beads on all runway hold lines. We look forward to working with you in the successful accomplishment of this project. Sincerely, / ~~ Bart Vernace Acting Manager ~ cc: ASO-9 W. Chewning, FDOT/1 ..., TO: SUBMITTED BY: SUBJECT: BACKGROUND: . '-" AGENDA REOUEST ITEM NO. C-8r1::- "WI DATE: August 28, 2001 REGULAR PUBLIC HEARING [ CONSENT [X ] BOARD OF COUNTY COMMISSIONERS Management & Budget For Court Administrator PRESENTED BY: Marie Gouin . Teen Court Grants - Administrative Orders 2001-08 & 2001-09 In recognition of the value of the Teen Court program, Chief Judge Cianca has issued Administrative Order 2001-08 and Acting Chief Judge Bryan has issued Administrative Order 2001-09 (both attached) ordering the Clerk of the Circuit Court for 8t. Lucie County to issue the following checks: ~ 1) $8,500 payable to the Ft. Pierce Westwood High School Teen Court Account. 2) $9,900 payable to the Ft. Pierce Central High School Teen Court Account. 3) $15,000 payable to the Port 8t. Lucie High School Teen Court Account. 4) $9,500 payable to the 8t. Lucie West Centennial High School. As a matter of policy, the Clerk asks that the Board approve and process such an unbudgeted request for funds. ' . , FUNDS AVAILABLE: Will be made available in 183003-769-582031-6000 (Court Admin-County Teen Court Fund) PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board approve the expenditures and allow staff to process check requests for payment in compliance with the Administrative Order. ' I attachment: A.a. 2001-08 A.a. 2001-09 COMMISSION ACTION: NCE: [x1 APPROVED [] DENIED [ ] OTHER: County Attorney: XX (k/ Coordination/Signatures Management & Budget: XX~ Purchasing: Finance: (Check for Copy only, if applicable) XX ¡ Court AJ'min: XX Central Services: G:\BÚDGETI WP\AGENDA'S\Age"daO 1 \08'28_ Tee" Ct Gram.wpd · I < '-ø; ...." \ \ \ I \ I \ / \, 1\ / \ / \ / \ CLERK CIRCUIT COURT FINANCE DEPARTMENT k.~ INTEROFFICE MEMORANDUM 4 ?- To: Gary Perdew, Senior Budget Analyst Chris Hartley', Finance Director~~ August 13,2001 Î ' L ' From: Date: Ref: Administrative Order 2001-08 Attached is Administrative Order 2001-08. I appreciate your assistance in processing the request as ordered. Thank you for your cooperation in this matter. If you have any question or require any additional information, please feel free to contact me. CC: Sharon Bouton, Assistant Finance Director Tom Willis, Court Administrator ~ 01-183 memos.fd/administrativeorder200 1-08 ..1 -, I "' '-' ""'" IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL cIdburriLC,o_U.iíTY . .., ! t. "-', , ¡..' '.,"_. '". IN AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE, AND ."-.".,'. ST. LUCIE COUNTIES, STATE OF FLORIDA. 0 :UG 10 i-}! Ii: 57 ADMINISTRATIVE ORDER 2001- 08 RE: Teen Court Grants - FY-2001 - 2002 WHEREAS the Nineteenth Judicial Circuit recognizes and supports the value of Teen Courts as both an educational and rehabilitative program and whereas the Courts are able to provide financial support to participating schools and as Chief Judge, pursuant to Florida Rules of Judicial Administration 2.050, it is therefore Ordered: 1) The Clerk ofthe Circuit Court of Martin County shall issue a check from the Martin County Teen Court Trust Fund in the amount of$10,000.00 payable to the "Martin County High School Teen Court Account". The check shall be forwarded ,to the Court Administrators Office for presentation to the Martin County School System. 2) The Clerk of the Circuit Court of S1. Lucie County shall issue a check from the S1. Lucie County Teen Court Trust Fund in the amount of $8,500.00 payable to the "F1. Pierce Westwood High School Teen Court Account". The check shall be forwarded to the Court Administrators Office for presentation to the S1. Lucie County Schools. DONE and ORD RED in Chambers, Ft. Pierce, S1. Lucie County, Florida, this ~ , day of ~tI! MARC A. CIANCA Chief Judge ~.¡ ., ;.. ~ ~ I' I \ / \ I \ I \ / \ /\ I \ I \ / \ / \ CLERK CIRCUIT COURT FINANCE DEPARTMENT INTEROFFICE MEMORANDUM ,. r-, ' /-.'- To: Gary Perdew, Senior Budget Analyst Chris Hartley, Finance Directo~~ August 17,2001 i=.U~ 2 2 ïnl1l From: Date: Ref: Administrative Order 2001-09 Attached is Administrative Order 200I-09. I appreciate your assistance in processing the request as ordered. Thank you for your cooperation in this matter. If you have any question or require any additional information, please feel free to contact me. CC: Sharon Bouton, Assistant Finance Director Tom Willis, Court Administrator '. 01-192 memos.fdJadministrativeorder200 1-09 ,.I " ~ .¡ ¡ '-' ....., IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE, AND ST. LUCIE COUNTIES, STATE OF FLORIDA. ADMINISTRATIVE ORDER 2001- 09 RE: Teen Court Grants - FY-200l - 2002 WHEREAS the Nineteenth Judicial Circuit recognizes and supports the value of Teen Courts as both an educational and rehabilitative program and whereas the Courts are able to provide financial support to participating schools and as Chief Judge, pursuant to Florida Rules of Judicial Administration 2.050, it is therefore Ordered: The Clerk of the Circuit Court of S1. Lucie County shall issue three (3) checks from the S1. Lucie County Teen Court Trust Fund in the amounts of: $ 9,900.00 payable to the "Ft. Pierce Central High School Teen Court Account" $15,000.00 payable to the "Port S1. Lucie High School Teen Court Account" $ 9,500.00 payable to the "S1. Lucie West Centennial High School" The checks shall be fO!VIarded to the Court Administrators Office for presentation to the S1. Lucie County Schools. DONE and ORDERED in Chambers, Stuart, Martin County, Florida, this ~ 'day of OJ ð-- ,2001. , ~ !' ..., !:" ~ ~ ~ (3~r>- ~ BEN L. BRYAN ~ Acting Chief Judge f ~ '+ ~ .' ,'j .¡ ... '-" AGENDA REOUEST ....J ITEM NO. C-8b DATE: August 28, 2001 REGULAR PUBLIC HEARING [ CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Additional Staff Accountant Positions BACKGROUND: In order to prepare for the required implementation of the Governmental Accounting Standards Board Statement 34, a significant amount of data gathering followed by accounting work must be accomplished. Staff is requesting Board approval to hire one Staff Accountant on a permanent basis and another on a time-limited basis. The anticipated time limit on the second position is two fiscal years. FUNDS AVAILABLE: Will be made available in 001-1301-549000-100 (General Fund) PREVIOUS ACTION: July 9, 2001 - The Board conceptually agreed to fund the positions and directed staff to proceed with formal approval. RECOMMENDATION: Staff recommends the Board approve Positio~ Requests 01-071 and 01-072, Budget Amendment 01-171 and allow staff to proceed with the hiring process. 1 attachment: Personnel Request 01-071 Personnel Request 01-072 Budget Amendment 01-171 Contingency Balance COMMISSION ACTION: E: K] APPROVED [] DENIED [ ] OTHER: % Coordination/Signatures County Attorney: XX fA Management & Budget: XxH( Purchasing: Personnel: XX ¡JI¡7 f.. Central Services: Finance: (Check for Copy only, if applicable) XX .' G:\BUDGETI WP\AGENDA'S\AgendaO 1 \08'28_ GASB 34.wpd , , en 0:: w z..... og enc¡.i !QO ~g :EN 00:: (,)« >-W..... I->-e Z...J~ =>«ëõ R~.. ......-W LLLLI- 00::« ClOCl o::LL« «I-CI Oenz mWW >-5" I-w« Zo:: =>z 00 (,)- w!::: -en (,)0 3a. ¡..: en W I- ~ c:/ lU. 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" '-- "- (!J co C ) o ::.., co_ C ) ~ ~~ .., o C) '"" , "- C) C) C\ "- I() , "- C) (V) "- , '"" o C) :it I- Z :J o U u ~ . ( ~ C) , '"" C) g: :it o U.J c:: z o ¡:: ¡¡¡ o 0.. f .~ '-" AGENDA REQUEST ....",¡ ITEM NO. C-9a DATE: August 28, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT pc ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don McLam Projects Manager SUBMITTED BY(DEPT): Central Services SUBJECT: The relocation of several oak trees from the Fairground site to The Center for Captive Chimpanzee Care. BACKGROUND: On the southern end of the new Fairground property are numerous oak trees, ranging in height from a few feet to twelve feet. These oaks will need to be moved some day to allow for the development of soccer fields and open space area. It is the intent of the Fair Association to relocate these trees on site. The Fair Association has agreed to donate some of these trees to The Center for Captive Chimpanzee Care with the County's tree spade, transported and then replanted onto The Center for Captive Chimpanzee Care property. FUNDS AVAIL: N/A . PREVIOUS ACTION: N/A RECOMMENDATION: Staff is requesting permission to relocate some oak trees from the new Fairground property to The Center for Captive Chimpanzee Care. u Anderson . nty Administrator MISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: Coordination/Siqnatures County Attorney: Originating Dept: (;;?~ Mgt. & Budget: I""'R~ Other: / Purchasing Mgr.: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H~\Agenda-Chimp.wpd .I~ ~~} V~V V ¥ ~ Thomas Lucido &: Associates, P.A. Land Planning/L~mdscape Architecture August 24, 2001 The Honorable Frannie Hutchinson, Chair St. Lucie County Board of County ComrÌrissioners 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Tree Transplanting at Center for Captive Chimpanzee Care / Dear Ms. Hutchinson: Cl~qQ Our firm has been involved with the Chimpanzee project design and implementation. I am currently volunteering our services to Dr. Carole Noone in an effort to restòre native vegetation to the site, as you kn~w is a former citrus grove. . Her organization has limited funds for these types of improve11lents. The future plans indicated native restoration and canopy tree planting to provide habitat and shade to the project area. In this regard, I am hopeful the Board will support the plan for transplanting oak trees ITom the new fairgroU1Ìd to the Chimpanzee Cent~r. Approximately 20 oaks have been inventoried and can be transplanted with a tree spade to the site. I will coordinate with f County forces and Dr. Noone in location and watering of the trees. Thank you for your attention to this. If yo~ have any questions or concerns please contact me. cc: Members of the Board County Administrator G:\workstationslProjects\B300, 300A\wdoc\Hutchinson Itr 8-24-01 .doc 322 Georgia Avenue Stuart. Florida 34994 561/220-2100 Fax 561.1223-0220 827 North Thornton Avenue Orlando, Florida 32S03 407/898-9521 Fax 407/ 898-9768 State of Florida LC 0000335 100 Avenue A, Suire 2A Fort Pierce, Florida 34950 561/467-1301 Fax 561/467-1303 ~ . '- "wi DEPARTMENT OF CENTRAL SERVICES MEMORANDUM . t FROM: Don McLam, Projects Manage~ r Roger Shinn, Director Central se:ßs . TO: Board of County Commissioners 4 THROUGH: DATE: August 21, 2001 SUBJECT: Relocation/Oak Trees f ******************************************************************** 1 BACKGROUND: On Bte southern end of the new Fairground property are numerous oak trees, ranging in height from a few feet to twelve feet. Thcsc oaks will need to be moved some day to allow for the development of socccr fields and open space area. It is the intent of the Fair Association to relocate these trees on site. The Fair Association has agreed to donate somc of thcsc trees to The Centcr for Captive Chimpanzcc Care with thc County's trcc spadc, transprotcd and thcn replanted onto Thc Ccntcr for Captive Chimpanzcc Carc propcrty. ~ f RECOMMENDATION: Staff IS requesting permission to relocate some oak trees from the new Fairground property to The Center for Captive Chimpanzee Care. 1 4 ~ ""' ....,¡ AGENDA REQUEST ITEM NO. C-9b DATE: August 28, 200 REGULAR [ ] PUBLIC HEARING [ ] f CONSENT [x] SUBMITTED BY(DEPT): Central Services f PRESENTED BY: Don Mc~a Projects Manage , TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Savanna Recreátion Area-Phase II FRDAP Project' No. F02281 Grant Agreement BACKGROUND: On September 12, 2000 the Board of County Commissioners approved applying for Grant funding for the Savanna Recreation Area and also approved the reallocation of funds for the County's responsibilityto match this Grant. The FRDAP Grantamount is $200,000.00, and the County will be matching this Grant with another $200,000.00. Also the City of Ft. Pierce applied for a Grant for this same location and received $90,000.00 and St. Lucie County is matching this with $30,000.00. The total funds allocated for this project will be $520,000.00. Some of the Grant elements will include: parking, playground, family picnic shelters, camp sites, restrooms and landscaping. A Master Plan has been developed to meet all the elements within the Grant. '4 FUNDS AVAIL: 316.7240.563000.7650 (Improvements OIT Building) Funds become available in October/2001. PREVIOUS ACTION: The Board of County Commissioners approved applying for Grant funding and reallocation of funds for the Savanna Recreation Area on September 12, 2000. . RECOMMENDATION: Staff is recommending that the Board of County Commissioners approve this Grant Agreement with FRDAP for the Savanna Recreation Area and authorize the Chairperson to sign, thereby allowing execution of this Agreement. ., MISSION ACTION: rx] APPROVED [] DENIED [ ] OTHER: . o Anderson unty Administrator County Attorney: Originating Dep@W- {k res Other: Mgt & Budget: " I oJ Purchasing Mgr.: Other: Finance: (Check for Copy only. if Applicable) Elf. 1/97 H:\aqenda request form.wpd r "'" "'" DEPARTMENT OF CENTRAL SERVICES 4 MEMORANDUM 4 TO: Board 0rCounty Commissioners FROM: Don McLam, Projects Manager THROUGH: Roger Shinn, Director Central Services DATE: August 21,2001 SUBJECT: Savanna Recreation Area-Phase II FRDAP Project No. F022S1 Grant Agreement 4 ******************************************************************** BACKGROUND: On September 12, 2000 the Board of County Commissioners approved applying for Grant funding for the Savannas Recreation Area and also approved the reallocation of funds for the County's responsibility to match this Grant. The FRDAP Grant amount is $200,000.00 and the County will be matching this Grant with another $200,000.00. Also the City of Ft. Pierce applied for a Grant for this same location and received $90,000.00 and St. Lucie County is matching this with $30,000.00. The total funds allocated for this project will be $520,000.00. Some of the Grant elements will include: 4 parking, playground, family picnic shelters, camp sites, restrooms and landscaping. A Master Plan has been developed to meet all the elements within the Grant. 4 RECOMMENDATION: Staff IS recommending that the Board of County Commissioners approve this Grant Agreement with FRDAP for the Savanna Recreation Area and authorize the Chairperson to sIgn, thereby allowing execution of this Agreement. ~ 'wi F0281 DEP Contract Number CSFA Number: 37017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into this day of , 200__, by and between the State of" Florida, DEPARTMENT of Environmental Protection, hereinafter called the DEPARTMENT, and St. Lucie County, hereinafter called the GRANTEE, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Agreement shall be performed in accordance with section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE effective August 23, 2000, which is incorporated into this Agreement as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to this Agreement. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Savannas Recreation Area-Phase II (Florida Recreation Development Assistance Program, FRDAP Project Number F02281), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre- Page 1 of 11 '-' '-' reimbursement/Commencement Documentation Form, DEP Form FPS- A034. 3. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified by the DEPARTMENT if GRAµTEE shows good cause: Activities pavilion, picnic facilities, multi- use path, restrooms, landscaping, renovation of pavilions, campsites, restrooms, parking and access road¡ and other related support facilities. 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE¡ funds not to exceed $200,000, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount' GRANTEE Match $200,000 $200,000 2Q% 2Q% Type of Match Cash and/or In-kind Services 5. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre- audit and post-audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT'S Contract Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT.· If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A037, referenced in s. 62D-5.058(6)2(g), the DEPARTMENT will approve the request for payment. 6. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE and incorporated into this Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP funds disbursed under the PROJECT. The parties further agree that the Page 2 of 11 '-' ....,¡ principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. 7. Allowable indirect costs shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 8. Pursuant to s. 215.422, Florida Statutes, the Department's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the payment requests for payment. The DEPARTMENT must submit a request "for payment to the Florida DEPARTMENT of Banking and Finance' within twenty (20) days; and the DEPARTMENT of Ban~ing and Finance has fifteen (15) days to issue a warrant. Days are calculated from the date the invoice is received or the date the services are received, inspected, and approved, whichever is later. Invoice payment requirements do not start until a complete and correct invoice has been received. Invoices which have to be returned to the GRANTEE for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at (850)410-9724 or (800)848-3792. 9. In accordance with s. 215.422, Florida Statutes, the DEPARTMENT shall pay the GRANTEE interest at a rate as established by s. 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless the GRANTEE requests payment. The interest rate established pursuant to s. 55.03(1), Florida Statutes, by Comptroller's Memorandum No. 12 (1999-00) dated December 2, 2000, has been set at 11.0% per annum or .0003014% per day. The revised interest rate for each calendar year beyond 2000 for which the term of this Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922-5942. Page 3 of 11 """" "'-" 10. It is understood by the parties that the amount of this Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared( the amount of this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 11. PROJECT funds may be reimbursed for eligible pre-agreement expenses (as defined in s. 62D-5.054(29) of the RULE) incurred by GRANTEE prior to execution of this Agreement as set forth in s.62D-S.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 12. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form( DEP Form FPS-A034( referenced in s. 62D-D.058(6) (f) of the RULE ( to the DEPARTMENT upon determining that the documentation complies with the RULE ( the DEPARTMENT will give notice to GRANTEE to commence the development and approve the request for payment. 13. The Grantee shall obtain all required local( state and federal permits and approvals prior to commencement of project construction and shall certify that it has done so to the Department by completing the Permitting Certification( FPS-A034, referenced in s. 62D-5. 058 (7) (c) of the Rule. 14. This Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT elements on or before The GRANTEE may request up to two (2) one (1) year extensions from the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. Project must be completed within 5 years, or money may revert. 15. Project completion means the project is open and available for use by the public. Project must be completed prior to release of final reimbursement. Page 4 of 11 '-' 'wi 16. Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes; or If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, F~orida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the pro~isions of this Agreement; or If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of this Agreement. 17. A copy of the audit or attestation as required in Paragraph 16, shall be submitted to the DEPARTMENT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 18. In addition to the provisions contained in Paragraph 16 above, the Grantee shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment I, Exhibit-1, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-l shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment 1. If the Grantee fails to receive a revised copy of Attachment 1, Exhibit-1, the Grantee shall notify the Department's Contracts Administrator at 850/488-7896 to request a copy of the updated information. 19. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S non- compliance with this Agreement, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due Following receipt of an audit report identifying the Page 5 of 11 "-" 'wi DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. . 20. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the three-year retention period. 21. The ,DEPARTMENT'S Contract Manager for the purpose of this Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE'S Liaison Agent, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Agreement. The GRANTEE'S Liaison Agent, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. Any and all notices shall be delivered to the parties at the following addresses: Grantee Department Mr. Don McLam St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Mary Ann Lee Dept. of Environmental Protection 3900 Commonwealth Blvd., MS 585 Tallahassee, Florida 32399-3000 22. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 23. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. Page 6 of 11 '- -...I 24. This Agreement may be unilaterally canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. . 25. The DEPARTMENT shall also have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the material terms of this Agreement. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall be calculated and determined pursuant to Section 55.03(1) of the Florida Statutes. Interest shall be calculated from the date(s) of payffient(s) to the GRANTEE by the DEPARTMENT to the date repayment is made by GRANTEE. 26. The GRANTEE shall comply with all federal, state and local rules, regulations and ordinances in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to ensure that the GRANTEE'S contract will include the requirements of this paragraph in all subcontracts made to perform this Agreement. 27. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in Administrative Rule 62D- 5.059(2). Land under control other than by ownership of the GRANTEE such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the genera 1 public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 28. Failure to comply with the provisions of the RULE or the terms and conditions of this Agreement will result in cancellation of the Agreement by the DEPARTMENT. The Page 7 of 11 '-' ...." DEPARTMENT shall give the GRANTEE in violation of the RULE or this Agreement a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period state in the written notice shall result in cancellation of the Agreement and may result · in the imposition of the terms in Paragraph 25. - 29. In the event of conflict in the provisions of the Rule, the Agreement and the Project Application, the provisions of the Rule shall control over this Agreement and this Agreement shall control over the Project Application documents. 30. If the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT" shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the DEPARTMENT shall cancel this AGREEMENT. 31. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 32. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 33. No person on the grounds of race, creed, color, national origin, age, sex, marital status or ability level, shall be excluded from participation in; be denied the proceeds or benefits of¡ or be otherwise subjected to discrimination in performance of this Agreement. 34. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes. 35. The employment of unauthorized aliens by any GRANTEE is considered a violation of s. 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE Page 8 of 11 ~ ~ shall be responsible for including this provision in all subcontracts with private organizations made to perform this Agreement. 36. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, 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, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 37. The Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by law. 38. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either partYi nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 39. This Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 40. This Agreement is an exclusive contract and may not be assigned in whole or in part without the written approval of the Department. 41. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, Page 9 of 11 '-" .....",¡ modifications or waivers of provlslons of this Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Agreement. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 10 of 11 '-' .'-J IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOARD OF COUNTY COMMISSIONER OF ST. LUCIE COUNTY No By: Division Director (or Designee) Division of Recreation and Parks By: *Chairman or designee Title: Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 Address: 2300 Virginia Avenue Fort Pierce, FL 34982 DJìJn~gtJL Approved as to Form and Legality: This form has been pre-approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on June 6, 2001 for use for one year. Grantee Attorney *If someone other than the Chairman signs the contract, a resolution, statement or other document authorizing that person to sign the contract on behalf of the county must accompany the contract. DEP 42-058 Revised 05-18-2001 Page 11 of 11 '-" .....,¿ Attachment -1 SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this section. MONITORING In addition to reviews of audits conducted. in accordance with OMB Circular A-B3, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, Ù1e recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by Ù1e Department of Environmentál Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the'recipient is appropriate, the recipient agrees to comply with any additional instructions provided by Ù1e Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-B3, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-B3, as revised. EXHIBIT I to this agreement indicates Federal funds awarded through the Department of Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill Ù1e requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-B3, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.gov/cfda. PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. '-" '" B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133. as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-l33, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Mary A/m Lee Flgrida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee, Florida 32399 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 3. Copies ofreporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: . Mary Ann Lee Florida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee, Florida 32399 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 4. Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: ~~ 61 _. ....... ..., g. .. ~ .... ~ ~ ::r",::r (1 '0 ~ ~ a ::so( (¡ o..:n"'1 '" Co '" ~ g: 3 o:nët Õ 0 0 ~<g Gñ"5 ~Ö:;8. 8.~g. '" '" 0 .., ::s < (1 e: (1 S' ~ ~ Q..g..g" c (1 .., Co (1 8. :!1 8. s· g 'E. _ s: g ::r"'_ (1 (") '" (")",::r g§:.ê: - 0 n @ OQ 0 n ° 3 - """'0 ~ ~~ ~ ~~. 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N~ 8" og 0" 9", 0- o " ...... n:g .þ..~"'C/:: oõ.g:; 8~:lñ tv -< g. ::I '" ~ r> .... .:' '" Co OJ ;.- :E ., .., Co r> Co Õ ;. r> ::ø r> .., ~: ¡;. ¡:;. "= c: ;;1 c ., ::I .... Õ ;. (ii' ~ ~ r> 3 r> ¡:;. oc z"''"rj 0; ¡:: a rÞ ¡:; 3"" 0- '"r1 g"~5 c ::s .., 3 - Co '" > :E '" .., Co r> Co Õ ;¡J ;. 0- r> ¡; ::ø e. r> ~ tê: .., " '" ¡:;. .:¿ ~ .., '" c '" ::I .... Õ ;. n 0:;' '"rj ~ 0 .., " '" '" a '" ¡:;. (':) <0 ::I OJ [ <0 .... .... ~ '" '"r1 !2.. ë :E (':) ¡g' '"r1 ~ 0 > ~ ;: .., ~ rï ~. '"r1 c ::s Co '" Õ' .., ~ Co '" æ. "= .., § .., ., '"rj 3 :: ~ & ~ " 3 <0 " ;;? > (':):g ~aVl :ë """ ¡; o ::I. (i" -< ê-. <0 '" '"r1 ~ "" - ., '" z"O'"rj Co " c a rÞ .., 3"" 0- æ. cr-...." ~ 3 FJ.. '"r1 c ::s Co '" > :E '" .., Co 2- '"rj õ " - 0- " ;. .., "'" '" ~ ::ø '" .., " rs: '" -. ~ '" ¡:;. ~ .., '" c .. ::s .... .... Q Zn - ::r " '"rj 0:;' 3 0 ~ if> .... '" '" 3 '" ::I .... (':) Q ¡¡¡ 0:;' .... <0 .... .... ::r .. ~ ë (':) :E '"rj S· 0 ~ " ~ (¡" '"rj " ::> Co ~. > 3 <0 " ;;? > n:g ~a(l) rÞ ~ ~ ~ -." ~ ê-. 0 '" ¿J Z t! en ~ ê tT1 t;I ...,¡ o ...,¡ ffi ~ (") ...... '"iÎ ~ '"Ii ~ en c:: ~ ...,¡ o ...,¡ :r: ...... en >- § tT1 :;:: tT1 Z ...,¡ (") o Z en ...... C/.) ...,¡ o 'T1 ...,¡ ~ 'T1 o t""' t""' o ::E: Z 9 tr:1 ~ == .... td .... >-3 I .... '-' ....., ~ .JIO'- - AGENDA REQUEST ITEM NO. &qt,. DATE: August 28, 2001 REGULAR [ ] PUBLIC HEARING CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:Roqer A. Shinn SUBMITTED BY (DEPT) :Central Services SUBJECT: Sims Wilkerson Engineering, Inc. BACKGROUND: The County entered into a continuing Agreement for Engineering Services on January 29, 1998 with Sims Wilkerson Engineering, Inc. We are now requesting to exercise the second option by extending this contract through and until September 30, 2002. PREVIOUS ACTION: Contract C98-01-318 (1st) Extension of Agreement - 8/15/00 FUND AVAIL.: ",~-f?..::~~~N/Ø f RECOMMENDATION: Staff recommends Board approve the contract extension (option two) through and including September 30, 2002 and authorize the Chairman to sign this extension. [ X] [ ] APPROVED OTHER: DENIED · COMMISSION ACTION: nderson Administrator · County Atty: () Purchasing: () J1_ ~-¡; , Review and APproval~ Managemen t & Œ:: () 'lLlJ. Origin. Dept: ( Other: () · Eff. 6/3/96 '-' ....." MEMORANDUM CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Director, Central Services DATE: August 16,2001 SUBJECT: AGENDA REQUEST Sims Wilkerson Engineering, Inc. -------------------------~------------------------------------------- --------------------------------------------------------------------- BACKGROUND: The County entered into a Continuing Agreement C98-01-318 with Sims Wilkerson Engineering, Inc. The Engineer agreed to provide professional Engineering Services on a continuing basis for an initial term until September 30,2000 with the County's option to extend the tenn of the Agreement for two(2) additional terms of one(1) year each thereafter. The County exercised the first one(1) year option through and including September 30, 2001. The County would like to extend the second option through and including September 30, 2002. RECOMMENDA nON: Staffrequests that the Board approve the contract extension (option two) through and including September 30, 2002 and authorize the Chairman to sign this extension. . ~~~ RAS:bk att. '-' ....., ~ Sims Wilkerson Engineering, Inc. 1555 Howell Branch Road, Suite A-l Winter Park, Florida 32789-1170 (407) 645-1566 Fax (407) 645-2399 4 July 19, 2001 . Mr. Roger Shinn, Manager St. Lucie County Central Services 2300 Virginia A venue Fort Pierce FL 34982 Subject: Extension of our Continuing Professional Engineering Services Agreement with St. Lucie County 4 Dear Mr. Shinn: Sims Wilkerson Engineering, Inc. has been providing services to St. Lucie County under a Continuing Services Agreement since 1998. We appreciate the trust the County has placed in us during this time and the opportunities we have had to provide engineering services to the County. The current renewal of this Agreement is due to expire on September 30, 2001. We would like very much to continue providing our services to the County for at least another year. II This is our request that our agreement be extended as provided for under the terms of the original agreement. . Sincerely, SIMS WILKERSON ENGINEERING, INC. ~TJW~N/ Howard W. Sims, P.E. President rr~ì.-... f~~@~ Œ n \.1 Œ! illn I I \1 II " ;._ _ L! ¡IU , .. ~._._-_.__.- ¡ : .'.. ,..,., 'l '-'LR' ··....ES ,",- ¿ ._~ : r~ t'~ .;:)~ f J ~ s..... ,..~ -...--- ........ '--' C98-01-318 SECOND EXTENSION OF AGREEMENT BETWEEN COUNTY AND ENGINEER FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS SECOND EXTENSION, is made and entered into this day of ,2001, by and between ST. LUCIE COUNTY, a political subdivision of the state of Florida, (the "County") and SIMS WILKERSON ENGINEERING, INC., (the "Engineer"). WHEREAS, on January 29,1998, the County and the Engineer entered into an Agreement (the . Agreement") whereby the Engineer agree to provide professional Engineering services on a continuing basis for an initial term until September 30, 2000 with the County's option to extend the term of the Agreement for two additional terms of one year each thereafter; and WHEREAS, the County has notified the Engineer that it intends to exercise the second one year option and extend the term of the Agreement through and including September 30, 2002. NOW, THEREFORE, in consideration of the premises and the mutual benefits which wi II accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended though and including September 30, 2002 on the same terms and conditions including but not limited to the Engineer's fees. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN . APPROVED AS TO FORM AND CORRECTNEss COUNTY ATTORNEY WITNESSES: SIMS WILKERSON ENGINEERING. INC. BY: . Print Name: Title: g:\atty\agreemnt\wilkerson 2ext "Y/ '-' AGENDA REQUEST ....., ITEM NO. c- /04 DATE: August 28, 2001 REGULAR [ PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Public Safety (E.M.) Jack T. Southard SUBJECT: Hazards Analysis Agreement with State of Florida (HAZMAT) BACKGROUND: Legislature authorized funding to support County Hazardous Materials emergency planning through the Department of Community Affairs, Division of Emergency Management. Review And update hazards analyze data under Sara Title III. Coordination of activities within the county. On site visits to facilities listed on the State of Florida attachment C list. Approve agreement number 02cp-11-l0-66-22-038. Amount of Seven thousand-seven hundred and sixty nine dollars 00/100 ($7,769.00). The revenue was included in the proposed budget for fiscal year 1999-2000. (see attached memo from DCA.) FUNDS AVAILABLE: 001268-2510-334202-200 RDCA Hazard Analysis Grant, budgeted in FY02 RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Agreement with the State of Florida and authorize the Chair.man to sign. COMMISSION ACTION: County Attorney: Management Originating De~~~~ cv-t9-... _ Other Finance: (CheC~r Copy only, If applicable) ______ 8: Review and A as Anderson Administrator [x ] [ ] APPROVED OTHER: [ ] DENIED Purchasing: other: Eff. 5/96 4> '-" '-' tOfPY' STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ·Dedicated to making Florida a better place to call home" JEB BUSH Governor STEVEN M. SEIBERT Secretary July 23,2001 -,.-,. --.-....--...............~.-,~-- . .'-·ì. Œ_@ Œ _ U.. \'} JL.! .~ Mr. Jack Southard St. Lucie County PubliC' Safety 101 North Rock Road Ft. Pierce, Florida 34945 JUL 2 1 2001 .; :ì - ~_-=-...__...~c.""""'=-:.="'-_·" -> "-' Dear Mr. Southard: The Florida Department of Community Affairs is pleased to award funds to update the Hazards Analysis data for your county. Based upon the allocation formula developed by the Division, your county is entitled to receive $7,769.00. This is a fixed fee, performance-based agreement with its Scope of Work and Schedule of Payments outlined in Attachment B. There is no requirement to match the allocation with county funds. Your attention is directed to the following revisions contained in this Agreement: 1. The contract has changed from a biennial to an annual contract, requiring that Hazards Analysis updates be conducted for fifty percent (50%) of the Section 302 facilities in your county. The Attachment C listing contains those facilities for which this update is required 2. Consistent with the State Emergency Response Commission policy, detailed on-site visits shall be conducted for all of the facilities appearing on the Attachment C listing. Dates of the on-site visit shall appear within the context of the hazards analysis. 3. The contract is now retroactive to July 1, 2001 so that funds may be expended on completing the Hazards Analysis updates prior to the execution of the contract. 2555 SHUMARD OAK BOULEVARD· TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELO OFFICE 2796 Overseas Highway. Suite 212 Marathon, FL 33050-2227 ~5) 289·2402 COMMUNITY PLANNING EMERGENCY MANAGEMENT 2555 Shumard Oak 8oulev.l555 Shumard Oak Boulevard Tallahiluee. FL 32399-21CDillahassee, FL 32399-2100 (850) 488-2356 (850) 413-9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tal1anassee, FL 32399--2100 (850) 488-7956 40 'w "" Mr. Jack Southard July 23,2001 Page Two 4. March 1,2002 is the new deadline for submittal of all Hazards Analysis updates for the facilities listed on Attachment C. October 1, 2001 is the new deadline for submittal of the sample Hazards Analysis and the notification of the contract manager and the software the county intends to use to complete the project. 5. The county shall notify the Section 302 facilities (Attachment C listing) and the first responders of the availability of the hazards analysis information and disseminate that information upoQtequest. ,. 6. The county shall include by reference the Hazards Analysis updates in the Local Mitigation Strategy. Enclosed are three copies of the Agreement for your review. Please have the Chairperson of the Board of County Commissioners sign each copy and return them to the following address: Denise Imbler, Planning Manager Bureau of Compliance Planning and Support 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Please note that a signature is required on Attachment E of each copy of the contract as well. An original signed contract will be returned to you for your files. Please notify the Department by September 1, 2001, on whether your county intends to accept or deny the funding. Technical assistance visits will be scheduled beginning in the fall. If you have any questions regarding the Agreement or its requirements, please call Denise Imbler at (850) 413-9916. Sincerely, /" '1 c·! I I \, - '- L 1....-'- \; Eve Rainey, Chief Bureau of Compliance Planning and Support ER:dmi Enclosures \., '-' AGENDA REOUEST ""'" ITEM NO. (1/(0[3 DATE: August 28, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PUBLIC SAFETY JACK T. SOUTHARD PUBLIC SAFETY DIRECTOR SUBJECT: Approve Equipment Request Number EQOl-253 to purchåse a 32 channel master tape machine'and single channel playback recorders for dispatchers and complaint takers. In addition, Budget Amendment #01-172. . BACKGROUND: Replace 15 year old existing reel to reel master tape recorder and single playback recorders. Equipment has become unreliable. Dictaphone Is under State Contract number 725-630-99-1 FUNDS WILL BE AVAILABLE: 107001-2120-564000-200 (Wireless surcharge) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Equipment Request Number EQOl-25~ and approve Budget Amendment #01-172. [~APPROVED [ ] DENIED [ ] OTHER: COMMISSION ACTION: County Attorney: ~ Management & Budget - O"'''~''"g _~~ _ """,, Finance: (Check Copy only, 1f app11cable) k Purchasing: . Other: ,/ Eff. 5/96 .,.. '-' ....." BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Public Safety PREPARED DATE: 08/22/01 AGENDA DATE: 08/28/01 .'. ".. ., AécoÙNtNUMB~R .. .. .. "ACCOUNT NAME . AMOUNT TO: 107001-2120-564000-200 Machinerv and Eouioment $47,641 . " FROM: 1 07001-2120-599300~200 Reserves $47,641 REASON FOR BUDGET AMENDMENT: To provide funds for the ourchase of a 32-Channel Master Taoe Machine and Plavback Recorders. Fundina is orovided from the Wireless Surcharae Reserves. CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: 01·172 DOCUMENT # & INPUT BY: ~ 4 1 G:\BUDGET\QUA TTRO\GEN ERAL \FORMS\AMENDM01. wb3 .. c... m m c ;/ D ... 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CT 06614-2559 203.381.7000 fax 203.385.7589 ~ Proposal r Name Address City AtIn: Phone: eusr-1n/onIUtIIon St. I..uci& Depl of Public Safety 101 N. RocJc Rd ft Pierce _~~"-._._~ CeroIyn Dil~, St. Lucie County 911 Coacdinlll:or 581.~.5T70 Fax 561-'161.5322 ~ Dtc~CønUd""'" - __ Dale 11J2f1OO ConIect Dctbõe D'Orazio T eIephane 888."71.3463 x <1509 Fax 941.3<18.914111 . Qly I Model Des.cription TOTAL 2 ! 1 GAIYiXJ.fJN ACTELOOMBLOC~ECORDER'R~ $ 8.400J)() I 2 I 428136 (1) PAIR FREEDOM CHASIS SLIDE RAILS $ 250.00 8 ; 428133-OW COMPRESSION BOARD (1 PER 4 CHANNEL COUPLER BOARD) $ 14,400.00 8 ¡ 428357-oY\1 COUPLER BOARD - 4 ANALOG CHANNELS ! $ ''',400.00 1 , 3FWSNT.æD NT WORKST A TtoN, 2 DVD i$ 4,902.00 1 501945-OW FREEDOM FLAT PANEL DISPEAY i S 2,394.00 1 fREPAK-OW FREEDOM SYSTEM SOFlWARE PACK - IncI\Ide& one of each or ARCSYS, EVTSYS, . S 3,108.00 . 1 428367 3COM 8 PORT ETHERNET SWITCH - (3C16734) IS 279.00 19 CHKCHA CHANNEL LICENSE $ 12,350.00 9 CHKPL Y OM MULTI-CHANNEL PLAYDACK POsmON $ ".4Sð.OO . 7 CHKPLY-OS SINGLE-CHANNEL PLAYBACK POSITION $ 1.050.00 I 1 CRSTCD FREEDOM COMPUTER-aASED TRAINING PROGRAM $ 495.00 I , I I I I I -. SUbIDIaJ $ 66,463.00 Project InfonnIIlJon InGtaIlalion $ 2,641.00 Lasa DIscount $ (21.683.00 Name: Sll.ucle County 91 1 snipping & Handling $ 200.00 TOTAL $ 47,641.00 32 cbanneJ Freedom and 19 Call Checks wf 3 year Warranty . Ref No.: hn DelIvery: ___ 4S o.ys AR..9.__ Prtcinl1lnWr.1es . thtee year w_ty Appjcable tax_ not incJu~" fÞøW staled ptiçjng PrfdnI1 Villi for fK) Days In'fOic;$ for prnentaIion putpOS8S 0GIy Combining Voice 01: Data to SUl'r; ¥uu ". '--.--- ¡ .~ '-' AGENDA REQUEST ~TEM NO. (I-lOt.- DATE: August 28, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] 4 TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PUBLIC SAFETY JACK T. SOUTHARD PUBLIC SAFETY DIRECTOR · SUBJECT: Approve Equipment Request number EQOl-270 to purchase a Cisco Dual Router and Feature PaCk~and Budget Amendment #01-173. BACKGROUND: The router is used to route rip and run data from the 911 Center to the 15 fire station throughout the county. « FUNDS WILL BE AVAILABLE: 107001-2120-564000-200 (Wireless Fund) · PREVIOUS ACTION: RECOMMENDATION: · Staff recommend the Board of County Commissioners approve the Equipment Request number EQOl-270 at a cost of $2,852.601 and approve Budget Amendment #01-173. [x] APPROVED [ ] DENIED [ ] OTHER: · COMMISSION ACTION: Finance: (Check Purchasing: .ê;:-' / County Attorney: Originating Dept. Other: other: if applicable) Eff. 5/96 , '-' ...., BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: TO: 107001-2120-564000-200 FROM: 107001-2120-599300-200 REASON FOR BUDGET AMENDMENT: CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: Public Safety 08/22/01 08/28/01 f Machine and Equipment $2,853 · Reserves $2,853 · To provide funds for the purchase of a Cisco Dual Router and Feature Pack. Fundin is coming from the Wireless Surchar e Reserves · nla nla nla · · 01-173 G:IBU DGETìQUA TTROIGENERAL IF ORMSIAMENDMO 1. wb3 , ~ ..., Invoice Infonnation Technology ,ROCC St. Lucie County 12300 Virginia Ave. Ft. Pierce, FL 34982 COpy DATE INVOICE # 12J13f2000 1117 BILL TO Public Safety Jack Southard 2300 Virginia Ave. Fl Pierce, FL 34982 ] · · , P.O. NO. TERMS PROJECT Verbal NET 30 DAYS ITEM DESCRIPTION Est Amt Prior Amt Prior % QTY RATE Curr % Total % AMOUNT CISC02... Dùa110/100 Ethernet ROIi1er 2,104.60 1 2,104.60 100.00% 100.00% 2,104.60 with 2 WlC Slots &. 1 NM Slot - CD26-B... Cisco 2600 748.00 1 748.00 100.00% 100.00% 748.00 IPIIPXlAppleTalkJDECnet Plus - ) Feature Pack , CON-S... Cisc026XX SMARTnet 627.00 I 627.00 100.00% 100.00% 627.00 Premium Maintenance Contract I) O~<¿ -" I ':- ~/î t...."'.......f ., , \..ð w - , p j ST DUE PL' ASE REMiT I I I I i .J Total $3,479.60 · · · 4 , U) c:: WN Zo O~ - . U)_ U)o -0 :EN :ED:: 0< (.)W ~~ Ze( ;:)(.) OU) (.)¡¡: LLD:: 00 QLL D::I- <U) OW CO::J ~g ZD:: ::JI- OZ (.)W W== _D. (.)- ::J::J ...0 .W I- U) ,~ "_' E-i ::;I ~; ~ ; E-i ;;¿ ~ Z ~ ~ fj 0 1.0 . ~ N Q LI'") :" Q 00 N oj o ..... .~ U ".~ V) ,~ ~ U @ CI) S; lJ.J It . o ~ V) æ ~ >: ~ Ö w c z Ö' w w ~ ~ ~ U 00::< P-I U a.. w a. " 0:: cC' ~ ~ ::;I ,.. E-i " < .... ~ ¡z., I V) .;;¡ Z ," ~ 0, ~ ~ '.' E-i E-i ';. ¡z., < < U V) ~ Z .' U ::;I' ~ ~ t.~ ...:I 01("-' § U~; P-I >.' ~ Z w ::e ... 0:: cC a. w c ,..( " .-I ,0· .- '.' !¡J I '.~: ,) ~'" ~.4 .. .. ., .' - V) ::;I ...:I P-I '.', ...... :; :æ ~ Z ~ Z w :E w (.) :s a. w 0:: ~ z .. .:. ,. ~-:: ,. .. " .... .,:. ., t:. z '.~ ::>;. Z o ::~ 0 ...Z" ::e,;, ~ cC ,-> .... W ,..." (.) :E w ¡¡: ~ CJ:- ¡:: ::> OA en a ::> .,:' ::> w m.. - '-' ¡:..¡ ~ E-i' . V) ·Z ~o U~ <~ 1.¡E-i ~V) ~ ::;I¡:"¡ E-i~ ~~ ¡z., \I" v).-I ::;I ...:I~ P-I~ E-i 'E-i ~o ZE-i U ~~ Q~ E-i QZ Z~ <U ~.-I ~.-I E-iC1'l ::;I O~ ~~ E-i fj:E ZO ~~ ~¡z., ~ E-i< ~E-i < "':¡Q < ::;IZ Q::;I ~ o UQ ~~ U - P-I ~ ~~ o ¡z.,~ o ,..:¡¡z., < >Q O~ ~V) ~::;I ~ <V) ~ E-i V)~ ~~ ::;IE-i 0'::;1 ~o ~~ ....,.¡ o o N I o o o ~ 1.0 \I" I o N .-I N I .-I o o ~ o .-I 4 4 ä:: w m :E ::J Z ... Z ::J o (.) u cC · · · · o ~ N I .-I o 0' ~ * a w D:: ... Z W ::e a. 5 Z ~~. '-' '-.I AGENDA REQUEST ITEM NO. D, ~ JJ 0- DATE: August 28,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel, Director SUBMITTED BY<DEPT): Information Technology SUBJECT: Utilize existing funds to payoff the remaining balance due on the financing of the IBM HAlCMP computer system in fiscal year 2001. BACKGROUND: The OMB and Information Technology recommend paying off the remaining balance due on the financing of the IBM HAlCMP computer system. During the FY02 budget preparation, OMS and Information Technology determined there would not be a reason to budget the payment for FY02. This was because there is sufficient funds available in the FY01 budget to cover the entire payment in full. Consequently, during the Strategic Planning Budget workshop session the recommendation to pay off the loan was presented to County Administration. Since then the annual payment was not included in the FY02 budget pending the approval of this item. The total interest savings is $41,459.09. FUNDS AVAIL: The payment is funded entirely within the Information Technology budget. The funds will be made available in account number: 501-9110-571000-800 and 501-9110-572000-800. The payment will be handled by Information Technology as an Internal Service Fund. PREVIOUS ACTION: The Board of County Commission approved item C-7 on October 10, 2000 to purchase the IBM HAlCMP computer system in the amount of $625,000.00. Information Technology Management and OMB recommended to the County Administrator that we proceed with the approval of the payment as part of the FY01 budget. RECOMMENDATION: Staff recommends the Board of County Commissions approve the payment in full in the amount of $452,343.67 COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: Review and Approvals o CO""ty Attomey' ~ ~e"egeme", & B"dg~ Originating Dep~ Other: Purchasing: Other: - ..... '-' ....., IBM CREDIT CORPORATION ATTACHMENT FOR DOCUMENTATION, CONDITIONS, AND FINANCING RATES Customer Name: ST LUCIE COUNTY Quote Number: Q02322533-01 Date August 23. 2001 CONDITIONS: 1. Payment amounts are calculated as follows: Total Amount Financed = Unit Net Price· (1 + Sales Tax) Unit Payment Amount = Total Amount Financed /1000 . Rate/1000 Total Payment Amount = Unit Payment Amount· Qty Recurring sales/use and personal property taxes required to be paid by you under the Term Lease Master Agreement. are not in the rates. 2. Payments for all past due invoices and the the Total Prepayment Amount must be received on or before the Effective Date of the Prepayment for this quote to remain valid. 3. The total Prepayment Amount for this quote is $452,343.67 for the remaining principal balance and any applicable prepayment fee. This bid was autoquoted. PAGE 1 of 2 - ... .\wf ...., AGENDA REQUEST ITEM NO. C-7 DATE: October 10, 2000 REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel DIRECTOR SUBMITTED BY(DEPT.): Infonnation TechnoIogy SUBJECT: Approve the total five year cost for the lease purchase for the IBM HA/CMP computer system from funds available from loan proceeds. BACKGROUND: The Board of County Commission approved the item C-14A on September 12,2000. Please reference the approved agenda request attached. OMB has recollllllended the entire amount $625,000.00 of the five year lease be capitalized for expense this fiscal year. The original approved FY2000-01 Equipment Request #01-004, for $125,000, will be applied to Principle and Interest on the loan. FUNDS AVAILABLE: The funds were approved to cover the annual lease payment. These funds were approved and are available in account number 501-9000-564000-800. The lease agreement with IBM Credit Corporation was approved on September 12,2000. PREVIOUS ACTION: The Board of County Commission approved item C-14A on September 12,2000. See the attached approved agenda request. RECOMMENDATION: Staff recommends the Board of County Commission approve the total five year cost for the approved lease purchase of the IBM HAlCMP computer system from funds available from loan proceeds in accordance with the approved agreement with IBM Credit Corp. Staff also recommends the Board of County Commission approve Budget Resolution #00-219 and revisèd Equipment Request #01-004. County Attorney: 'Æ Originating Dept: €: V oua as Anderson Co nty Administrator Review and Approvals Management & Budget~urchasing: Other: Other: NCE: COMMISSION ACTION: o )APPROVED ( )OTHER ( ) DENIED '-' "'-' BOARD OF COUNTY COMMISSIONERS INFORMATION TECHNOLOGY MEMORANDUM FROM: Douglas Anderson, County Administrator Dennis Wetzel, Dired.OO~ August 20, 2001 TO: DATE: RE: Payoff of IBM HAlCMP Computer System Please reference the IBM HAlCMP Financing Proposal. This financing of the IBM HAlCMP Computer System was originally set up for 5 years with annual payments included in each fiscal year budget. During the FY02 budget preparation OMB and Information Technology recommended this payment be removed from FY02 budget. Subsequently to the Strategic Planning Session on the FY02 budget, this recommendation was brought to your attention. Since that time OMB has calculated the fund balance forward and recommends the remaining debt service on this note be paid off at the end of FY01. There are funds available to cover this cost in the FY01 fund balance forward. It is recommended the agenda item be prepared then brought to the County Commission at the next meeting thereby authorizing staff to make the full payment of the remaining balance due. OMB and Finance can obtain the full payoff figure upon your concurrence. I have already requested this payoff information from the Finance Company contact, but it will need to be verified by the Finance Department. OMB and Information Technology can prepare the agenda item after the final pay offfigure has been obtained. Approved by: ;4 D as Anderson Cou ty Administrator Date: ¡ /1-- , /e/ / ,. DW/tas cc: Marie Gouin, Director of OMB Chris Hartley, Director of Finance Gary Perdew, Senior Budget Analyst of OMB JOHN D. ßRUHN. Disr"ct No 1 . DOUG COWARD. District No.2. PAULA A LEWI5. District No. :3 . Fl'.ANNIE HUTCHIN50N. Disr.ic' No.4· CLIFF ßAI\NE5, DIStrict No.5 Counry Administrator - Douglas M. Anderson 2JOO Virginia Avenue . Fort Pierce, FL J4982-5652 · Phone (561) 462-1748 . Fax (561) 462-144.3 · . ...,,""..........""..... ---...--- ...--.....-- --.r--.---~" Customer Number Invoice N! :mber .... ~ , ~ ~ ~\(' \1r} r -K l~;'\( /' \c... \). ';. oi-Jµ rP ~..ø ~~~ ~ F'Iease direct inquiries and corresp'" .,j"!nce 10 IBM CORPORATION ~ PO BOX 2489 ATLANTA GA 30301 0, ea!ll6M at: ( B77) 426-6006 EMAIL: CSOARATLaUS.IBM.COM Installed at ST LUCIE CO\JIITY 2300 VIRGINIA AVE FORT PIERCE FL 34982-5632 Please remit payments to IBM CORPORATION PO BOX 105063 ATLANTA,GA 30348-5063 TYPE/D~SCRIPTION MOD/SERIAL OPT REGULAR PERIODIC INVOICE - PAYMENT IN ADVANCE 3153 INFOHINDOH II BG3 00BP367 BG3 00BP381 BG3 00BP383 ASCII IG IG IG 7826833-00 1592"-' Invoice date Page JAN. 1, 2001 1 1"11"1,.11,1.,1"1,,,1.1,1,1.,11,,,,11..,1,111,,.11,..1..1,1 ST LUCIE COUNTY 2300 VIRGINIA AVE FORT PIERCE FL 34982-563 5 Q. n 1'1 ua2 pcty ~ dv{!. \11}ol -111\05' Terms PAYMENT IS DUE BY THE FIRST DAY OF THE MONTH FOLLONING THE INVOICE DATE INVOICE FOR INSTALLMENT PAYMENT FINANCING FROM DATE TIIRU DATE PERIODIC CHARGE DISP GREEN 01/01/01 01/31/01 01/01/01 01/31/01 01/01/01 01/31/01 95.62 95.62 95.62 3570 RACK MOUNTED LIBRARY SUBSYSTEM N/2 TAPE DRIVE C12 0061976 IG 01/Dl/Ol 01/31/01 5765 SOFTWARE 028 OOBSMNO S' 5765 C FOR AIX,V5.0 E32 OOBSMNF S' 7014 RS/6000 RACK SYSTEM SOD 000B3TO IG SOD OOOEOOD IG 7026 ENTERPRISE SERVER H70 000CC3F IG 7026 ENTERPRISE SERVER H80 0014F2F IG 7046 RACK MOUNT ISP SERVER B50 00COI02 IG 5,357.07 01/01/01 01/31/01 1,374.71 01/01/01 01/31/01 1,703.95 01/01/01 01/31/01 01/01/01 01/31/01 746.16 746.16 01/01/01 01/31/01 16,969.44 01/01/01 01/31/01 27,626.80 01/01/01 01/31/01 1,527.43 7133 SERIAL STORAGE D40 00KJS65 040 0015588 ARCHITECTURE DISK SUBSYSTEM IG 01/01/01 01/31/01 IG 01/01/01 01/31/01 14,188.09 14,188.09 9SSR REMARKETEO SERVICESUITE 001 H031377 T' 01/01/01 01/31/01 19,768.48 9910 EXIDE UPS PRESTIGE 3000 U33 10Y2MSB IG 01/01/01 01/31/01 U33 10Y2MSY IG 01/01/01 01/31/01 633.54 633.54 9994 VENDOR SOURCED PRODUCTS/SVCS 001 H017079 T' 01/01/01 01/31/01 1,227 Original Invoice Z845·0004.R6 .REV 6,97) 12,915.54 AlNnOJ ="JnllS "leGa 3: ':./"'!J -.--. -, --- AMOUNT DUE I'11'!\Tl. j;.L¡J-ËOUvE" %d 9L. _11 ,\\.,,11 531'1.1'7 13'&1.80 95.62 95.62 95.62 5,357.07 1,374.71 )112.13 1,703.95 1SD.Cû i50.CD 746 .16 746.16 !l,D Sic ."17 2'1. ìfs,l}.3} 16,969.44 27,626.80 I.S3S.3} 1,527.43 1 If. 24~.tÎ ''t.21+)'.;;17 I ~ .rnD.'l-b 14,188.09 14,188.09 19,768.48 to 31<0 ß'I "31...s- /2.,'I8J.17 633.54 633.54 12,915.54 CONTINUED ..... , Please direct inquiries and correspondence to Customer Number Invoice Number Invoice date Page i ,,' IBM CORPORATIO~ PO BOX 2489 ATLANTA GA 30301 Or call IBM at: 18771 426-6006 EMAIL: CSOARATL~US.IBM.COM Installed at 7826833-00 .I~58 JAN. 1, 2001 2 1"11"1,.11,1,.1"1,"1,1,1,1"11'1"11,,,1,111,,.11,,,1,,1.1 ---- ---- - - - -- --- - - --- - - - --- ----- ---.- ST LUCIE COUNTY 2300 VIRGINIA AVE FORT PIERCE FL 34982-5632 ST LUCIE COUNTY 2300 VIRGINIA AVE FORT PIERCE FL 34982-5632 Customer reference Please remit payments to IBM CORPORATION PO BOX 105063 ATLANTA,GA 30348-5063 Terms PAYMENT IS DUE BY THE FIRST DAY OF THE MONTH FOLLOHING THE INVOICE DATE TAX AMOUNT NET AMOUNT EXCLUDING TAXES DIRECT DEBIT DISCOUNT 0.00% DIRECT DEBIT DISCOUNT AMOUNT ~\\J ~ ,PA-L :r 1VìIL1I-DT ¡ò '4 II 't.b'1¿' , ~ I-f.Si'},l:b> 118,665.86 fu ê-rnh. ~~dtÂ.k J tIQ,J't1.Ö3 0.00 TOTALS c tk:!! e. f D -Iö ¡P-.-I f\HlPltL ; It,¡7Ëi.J;:!T ~ I61Y} C,ðftPbR& 1 ¡a~ SD ¡-bODD <;);).5crJ.} 5D1- 'fD«J ~ sTJOOO -f?CXJ 9UD ve..l\~ t:t ;, \ \4'. D'l"- 8D ~ It I c;,9'1Dh í~ u ~ n ~~" ~ I ~i 't. j~~-1 U u -, '; iL JAN 8 !'\,",\;""I; --.... - L.. -- r: - _~I_!-· .- 1,228 Original Invoice PLEASE PAY THIS AMOUNT 118,665.86 le45·00Q4·A6 REV. 6,971 · "'" """'" AGENDA REQUEST ITEM NO. C -II h DATE: August 28,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel, Director SUBMITTED BY(DEPT): Information Technology SUBJECT: Replacement of the Arc Serve software utilized to perform back up copies for the servers on the county network. The county is dependant on the back up software product to create copies of the information located on the server hardware. Without reliable back up copies the various departments information can be lost. The county staff has worked to resolve the existing problems with the Arc Serve software and due to the unreliability of this product, recommends replacement at the earliest possible time. Information Technology can utilize existing funds to purchase the replacement product Backup Exec. software which is on the State contract # 252-015-01-1 at a cost of $30,684.38. BACKGROUND: The departments have complained about their servers not being properly backed up or finding problems regarding backing up their data. The data is in jeopardy of being lost if the county continues to utilize the existing Arc Serve software product which has unresolved and continuing problems. Information Technology has continually tried to work with the Arc Serve vendor to resolve these problems. Due to the potential for loss of data the county can not wait until the FY02 budget to purchase a replacement product. FUNDS AVAIL: The payment is funded entirely within the Information Technology budget. The funds are in account number: 501-9000-568000-800. The payment will be handled by Information Technology as an Internal Service Fund. PREVIOUS ACTION: of the FY01 budget. The Board of County Commission approved software network tools as part RECOMMENDATION: Staff recommends the Board of County Commissions approve the purchase of the Back up Exec. software product on the State contract in the amount of $30,684.38. COMMISSION ACTION: [xJ APPROVED [] DENIED [ ] OTHER: E: Review and ADDrovals Purchasing: Other: '-~COMüK~ Yo.". l'IutMr lor 1M FIIIruw 105 W 5th Ave T"II."··,æ FL 32303 Tel. (800)491-6822 08/16/2001 Customer: 112m Quote #: 20283971 Item # BE-NTC-087-860-LE BE-NTC-117-860-LE BE-NTC-114-860-LE BE-NWC-030-8S0-LE BB-NWC-039-8S0-LB BB-NWC-006-8S0-LB Quote Total ...." This quote has been specially prepared for ST LUCIE COUNTY Vic Madonna De.crlDtlon BACKIJP EXEC 8.6 NT SVR COMP U BACKIJP EXEC 8.6 NT OPEN PILE BACKIJP EXEC 8.6 NT IDR OPT wI BACKUP EXEC 8.5 NW INTLGNT DI BACKIJP EXEC 8.5 NW OPN PL COM BACKUP EXEC B. 5 NW SNG SVR UP Q!Y. ij q if :u ~7 .n ~ 321.70 409.14 291.00 350.05 311. 03 311.03 Ext. Price I~ e iJ.8'ò , ",3.5' J./r..<i."" 'ItOI.", 8 H'l. III If J '17, (/1 30. 6·94 3,} Thank you for the opportunity to provide this quotation. Please contact me with any further questions you may have, or if you wish to place an order. GENEVA MU.I .F.R Corporate Account Manager Fax (850)222-34S7 l>~(" (c:m-t( Otct ~.;¡> Së;? - 015 -0 , - , ¡J I r . , ') ,. ,.., ~ ....,,¡ ArcServer Problems: We have used Arcserve for our backup software for about three years and have occurred multiple problems with the software. After discussions with the hardware and network teams, these are a few of the problems that have occurred with ArcServe. We have had various controller problems: Arc Serve 5 was upgraded to 6.0 and put on two cards. The 2940uw ran the hard drives. Tech support suggested that we put Arc Serve on it's own controller. Hardware had to go to every server and add a 1520 b controller to separate the tape drive and the cdrom drive to from the hard drives to split the bus. There was a cost of approximately $4,000 to accomplish tlús. Then they had us switch back to 2940u2w's cards, recombining the bus at the cost of $6,500. The controller sticking problems still existed. When this occurs a Network Administrator has to go on site and power down the server to reset the controller. We were told to upgrade to Arc Serve 6.6 and the problems seemed to go away at first but then started popping up again. Our hardware department has confonned to all changes that Arc Serve recommended at a cost and possible risk of lost of data to our customers. Considering the fact that technical support at Arc Serve can offer no further infonnation, it would be in our best interest to consider other more reliable products. ArcServe has not had any problems for three weeks. We need to have a procedure in place so that tape drives are cleaned at all sites each week and daily backup tapes are replaced each year. In our computer room our on site drives are taken care of in this manner and if a tape has a problem it is thrown out and replaced. Note: Mter much consideration and testing the SLC Network Team recommends that we go to BackupExec as our primary backup software because of the Open File options and Disaster Recovery. \.....' 'W AGENDA REOUEST """ ITEM NO. C-12 DATE: August 2', 2001 REGULAR [ ] PUBLIC BEARING [ ] « CONSENT [X] PRESENTED BY: Anita S. Neal kV'-' / TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Aariculture SUBJECT: Tractor Lease Buy Out BACKGROUND: see attached memo . FUNDS AVAIL.: 001-3715-564000-300 Machinery and Equipment PREVIOUS ACTION: n/a , RECOMMENDATION: Staff recommends the Board of County Commissioners approve the tractor lease buy-out option in the amount of $4,979.36 and add the New Holland tractor to the capital equipment inventory. x] APPROVED ] OTHER: DENIED 4 COMMISSION ACTION: ~ County Attorney: Il~ ~ Q(Í1i"\ Purchasing : Review and APProvals Management & BUdge~ .. ... Originating Dept. Other: Other: . Finance: (Check for Copy only, if applicable)___ Eft. 5/96 , '-'" .",.¡ AGRICULTURE KT, bti<Ú,[ -, <-:- COUNTY i- \ () F. ! r: ¡. - - "",-, ~"'" ...--- .....,.. ,-~ ~ . ~~.............." MEMORANDUM TO: Doug Anderson, County Administrator FROM: Anita Neal. Interim County Extension Director DATE: August 22, 2001 RE: Tractor Lease Buy-Out Opportunity As you know, our office acquired a grant that has provided the funds for the development ofthe Dupuis property in Martin County into a Best Management Practices Demonstration Site. With these grant funds, we were able to lease a New Holland Tractor with loader and mower attachments. This equipment is valued at $29,527. We applied all of the grant funds originally budgeted for this equipment to the lease leaving a Lease Buy-Out balance of$4,979.36 as of September 10,2001. St. Lucie County now has the opportunity to acquire this tractor and attachments for the cost of the lease buy-out amount. In anticipation of this, our department budgeted funds in our Machinery and Equipment account sufficient to cover the cost of the buy-out. Staff recommends that the Board of County Commissioners approve the payment of this lease buy-out and acquire this tractor at a sigrúficant savings to the county. 4 ASN/ca AUG. 22.2001 4:00PM SUNRISE TRACTOR NO. 272 P.2 tit. N:WHOLLAfÐ 'III Credit Company ~\C'PAl EQUIPMENT LEI...} (PORMM) ACCT. NO. MUNICIPALITY Name enQ Adclr... (lnc:lude County and Zip Code' S~ LUCIi COUNTY COOP EXT B40Q E'¡CCS RD. FT. PIERCE, n ST. LOCIE Count 34945-3045 Lessor hereby agrees to ¡ease to MunIcipality and Municipality hereby agre.. to lea.. from LeSllQT' the following described. I ment {htrllinetter called tht "E uipment") upon the terms end condition. herelnefter set forth: DATE o -29-2000 DIALIPI {HEREINAI'TEA CALL.ED "LESSOR"! Nne Ind Ad~_ (\no1uc1e County ;mc: Zip Cads) Sunri~e Tractor i Equipment GlOl Ora.nge Ave Ft. Pieroe, FL 34947 MODa. SERIAL NO. ~610S 312025M 21 707945 87 301905 N/A N ~~r leAS! TIPIM \IN M 8.1 12 II!NT Al JIA 'lMæNT ACVANC& PMI'S $ 4 999.99 MMA\N1NB lEACH! LEASE TERMS INCLUDING ADVANC!I 1 II!NTAL TAX 24 999.99 PUllCHASE OI'T1DN PI! ICE S 4 979.36 Per¡od¡c Rentels are payablt in advance. The advance renta' payment Ie due thIs date. Sub.equent p.yments are due c:ommlnclng N/A . .net 8 Monthly on the day of ellch month thereafter, exc:apt for months of Cllollrterly on the clay of each third (Srd) month ther.after. D $eml-ennu."v on the dey of .aen .beth (8th) month ttt.r..fter. o ATlnuaUy on the day of eech twelfth (12th) month thereefter. N/A (Th. Addi1loMl TerrIW ."d Conditions set forth on page. 2 .,d 3 are , p.t of thil La.e.) . By or L...er Sunrisl Tractor & E<Niµmsnt Ity ?w fA J1~~ GUARAM'V OP PAYMENTS. The underslllned IlUlI'antæs pl!II'formlnce of tl1il I... by I....... Ino!udlnø prQmpt p~ wk,,,, du_ of the lums pay=Ie by Le.s~1. The underlillned ahal\, upon d_d. Iml'llldiltsly PlY IIIIV lurns Clue uncler 'J\ia I..... 'fhe underllign,", hereby wtÍ\/" notice DI MY madlflclltlons, Ml'lllf\dment&. .xtenslon... nonpwtOrnwru:.. or non )lylMflt. This lIU:nnty shall " dlreøt, prllNry, and a continuing cbllgltlon of tile und.,-,I n,d .,ø thl und.....igneØ" lleil'l. sucoessUl's. and _¡ JIlL f $19"*r. Addrn, Print NIIITII City. Stm:a, ZlÞ UUDI 1D1.. DEALER COPY - PAGI!ì 1 of ! 'n.:¡;¡ SUNRISE FORD TRRC FT P Fax:407-489-6167 \wf 8§,,~ ::usTCtD JIWS: ,t. Lucie County Coop. Ext. Se ~ia!:l 12 '00 12:03 P.02 '-' 05-12-2DOO DIIPT.- QIdE: Sunri5e Tractor & Equipment :hart Number rerm (Months) Payment Frequency E:ffecti ve Date Skip Months- Ls Chg Start Date 'cst. Subsequent l'ymt :ash Pd ce Setup Charges Delivery Charges Sales/Use Taxes ESP Maintenance Property Insurance CI:edit l.ife Premium Filing/UCC Svc/Doc Fees Down Payment: Net T:rade In Cash Rebate Total Acq Cost {TAC¡ 29,527.00 * of ~v~nce Eymts 1 Irreg Advance Pymt ~ Lea:se Payment '-- 2,OB3.30 Taxes on Lea:se Pmt Total Lease Payltlent d:9.;< <, Purchase Option 6,481. 50 ~ Security Deposit Annual Hourly US<l.ge. 600 600 Excess Use $/Hr 8.40 8.40 Consult with your tax advisor with respect to the use a! a stated purchase option. 1 All information is subject to verification/approval by New Holland_ credi\:L t\~ çO \ \ (, l'i\ j\'/-, ~ \ e rß nn Ar~dU - t\ür '(j- \Q; . [\~G~G . 'v~ Î\ i\ ~ <0 c\J) \}J fCS t~~ 3400 PICaS RD. #101 6101 Orange Ave Ft. Pierce 561-461-3747 or_at> Model 561GS 215 TN 84 ;0.. Pierce FL 34945-3045 .1.. ;'61-462-1660 JALIISnRSOIIf TP &QUIHaIIrl' N/U Make Type N Ne.1II Helland TI:actoI: N Woods Loader N Rhino Mower ),ttach: ftADJI- DTS Make Type Model GI:OS5 Allowant:e Option 1 122 Municipal 12 Monthly 03-10-2000 LaS. OUCH Option 2 121 Municipal 60 Monthly 03-10-2000 03-10-2000 04-10-2QOO 29,527.00 03-10-2000 04-10-2000 29,527.00 137.50 29,664.50 1 573.95 573.95 1.00 FL 34947 Serial No NSN NSN NSN Cash Price 21,368.00 4,900.00 3,259.00 29,527.00 Serial No I\mt. O'Wing Net Trade-In Option 3 Option 4 t SUNRISE FORD TRAC FT P Fax:407-4B9-6167 Jul 18 '00 10:55 P.02 : --- . . . . . -- '-< - ""-" , 01'__ ~~ : ::r.:r ! ~Olll J ... c - -I >Ie l g~ EO: ( !JI.... I ..".œ . I. IT! ~ 8 .........þ{Ð * "Tt '!~ 151 \ ::0 æ:; m~ K\~ ¡ftEO -= ... " tI1 -co .. ~ ... 'Q'"" ...¡ is ~m !; ::as t I f'I1 ~ :D :l:17'!B t) ...¡ ::a .., ..51 "t n .... ï .... ~ I IT! CØt1 Z ..., W ITI ~ .. I n E- ...¡ ... . ... . "Tt J: ~ r -..ts: - .... .... ..øs 0 -1- r ø ....0 F =' . 0 ""0 XI'"" n (JIg tA(f.I ¡ 1'f "i. (.oJ 8 9 I .» i ... ... \ "'0 -'" í I -0) ..ø '0 < ! I It .~ m I UI 'TI I n I x ~ w ...¡ 0 r· to r\) CJI I . 21 I .... ... 0'1 ~ .... < S tJI ... I :II UI s: g S I ~ - iM ~ ! I ::0 CI UI I '"" § ~ 5 !i I :tJ I IT! :II ::a ::a ::a !8 .. .. .. .. I 0 I !!!~ ~! 51"" s II I,. t ... -::0 I ....... "VI:;! .... I ""0 ! I . 89' I ITI~ :D I CÞ ¡ '" ~!fi ~~ I IS 1- * :1'1 ><::0 I Ø1 i n 5 ! -I 'tI-4 "0 '0::0 "00 I "- !ij I ..::II f W W Sf .. .. .. I S I I .... ... ro D ~ ID r (1t 17' Ø1 G't 1 I I ***** .... "- .... .... I tr'I ã ~ ~ úJ t4 t D .... :." ~. 5 I ...m \ ::0 , * .... "- .... ..... I :!'~ "' *~il~ r I I I 51 .. *1= I ... rn . ~i ¡ z *..a § 0 *- ! i :'Î~(II ¡ -of ~ g l' fJoI... :& .. ~I! : D "'!II . 0 \ * .... ~ ... ...... , ... ¡;; "P t) .. i t; ¡·I¡ ", \ m .. .. N ITI * ii·1 fIj 1\' ... i ~ m ... .... 'T ; ... ~ i ~ 1> 6) .. . ... i- ro . CI 0 I = ...¡ ..., . . . .:: 1 1;1 . . . I 6) ::I .0- -< 6) I' I = S . 4't' .. . :Þr I i ""Ø I ..... . ." .. - -. . ::a ~i~!~<7~ Q c:: . ~ m CJ "' , ëa ~~'4~'~ = , ~ ~ . ~ ~. /'2 ~ &' Ó ß~ 0.,*(0 -< æ: v Z(' >Ç; q0~ ~ rn %-1 ~ ~o/- ~, z -C ~/~004 4J .$ 'E~ I'éWHOUArD NEW HOLLAND NORTH AMERICA, INC. AND '-" ..."", NEW HOLLAND CANADA, LTD. WARRANTY AND LIMITATION OF LIABILITY - AGRICULTURAL PRODUCTS COVERAGE PROVIDED New Holland North America. Inc. or New Holland Canada. Ltd., hereinafter purchaser of each new Product (as listed below) that the Selling Dealer will to be defective in materials or workmanship within the following periods. original or subsequent purchaser. BASIC WARRANTY Product Warranty Period (whichever comes first) -Harvesting. Materials Handling Equipment and Implements.................................................................................................. 12 Months Extended New Holland Engine Warranty for Harvesting Products* ....... An Additional 12 Months or 2000 Hours - -Compact Tractor Models 1530. 1630. 1725. 1925. and TC Models (only) .....................24 Months or 2000 Hours Extended Power Train Warranty** ...........................................................................An Additional 12 Months or 2000 Hours - -Agricultural and Compact Tractors (except as noted) Including BiDirectional .....................24 Months or 2000 Hours -Tractors. 70 Series............................................................................................................................................ 24 Months or 2000 Hours - -Tractors. 80/B2 Series.................................................................................................................................... 24 Months or 2000 Hours - -Replacement Parts ....................................................................... 180 days or to end of Basic Warranty (whichever is longer) - *Allison transmissions. Caterpillar. COmmins and Deutz engines are warranted by their respective manufacturers. - **The components covered by extended Power Train warranty consists of the following: rN~INE - All internal lubricated parts, cylinder block. cylinder head. oil pan. oil pump. seals & gaskets. head gasket. ue Injection pump and lines, turbocharger unit (factory installed). timing gear cover, timing gears, and valve cover TRANSMISSION - Transmission case and all internal lubricated parts, torque converter. auxiliary drive axle transfer case, seals and gaskets. MAIN DRIVE AXLE - Center & drive axle housing and all internal lubricated parts. axle shafts. bearings (wheel and axle u , Inal rive housing and all internal lubricated parts, auxiliary drive axle transfer case. PTO-clutch. internal shafts and bearings. seals and gaskets. AUXILIARY DRIVE AXLE - Axle housing and all internal lubricated parts. axle shafts. bearin!!s (wheel and axle hub), final drive housing and all internal lubricated parts. seals and gaskets. drive shaft and universal Joints. LIMITATIONS. INCLUDING DISCLAIMER OF IMPLIED WARRANTIES AND CONSEQUENTIAL DAMAGES This warranty gives you specific legal rights and you may also have other rights which vary. depending .on state or provincial laws. New Holland North America. Inc. or New Holland Canada, Ltd. does not authorize any person or dealer to create for it any other obligation or liability in connection with these products. TO THE EXTENT ALLOWED BY LAW. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS APPLICABLE TO THIS PRODUCT IS LIMITED TO THE STATED DURATION OF THIS WRITTEN WARRANTY. NEITHER COMPANY NOR THE SELLING DEALER SHALL BE LIABLE FOR LOSS OF THE USE OF THE PRODUCT. LOSS OF TIME. INCONVENIENCE, COMMERCIAL LOSS OR CONSEQUENTIAL DAMAGES. Some states and provinces do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages. so the above limitations or exclusions may not apply to you. The remedy of repair or replacement of a defective part during the warranty period herein specified shall be the purchaser's exclusive remedy. NOTE: New Holland warranty does not cover delivery charges or travel time. PROTECTIVE EQUIPMENT Rollover protective structure (ROPS) and seat belts are provided as tractors and we strongly recommend their use. Customers who their own risk. el acknowledge the exist nee of OSHA regulations pertaini eThe correct Operator's u I s been furnished to me. eThe correct Operator'sl .~s been reviewed with 'e iI be furnished to me upon delivery of the product' . I . µe eSafety precautions wer expJ ined tci me by the selling ealer. ..4 . eSafety features of the rodu t were explained to me by the s lin¡¡! dealer. ! I eThe dealer has revieweo any applicable Federal Emissions war(ftY'Ílnd I un rstj' its provisions. ACKNOWLEDGEMENT IW ARRANTY TRANSFER The blank spaces under "Protective Equipment" have been filled in and are correct, and I acknowledge that have read and I accept this Warranty and Limitation of liability. called "Company· warrants to the retail repair or replace any part thereof found This warranty is for the benefit of the on all New Holland agricultural use this protection do so at Purchaser -ST.l..v~)é' C",v,µ;Y CÞD'Þ, E')lT, 5ü<J Dealer -SVJJ~/4j¿ "ïRAt;.,{)JQ.... Code 6- '-/D6 Address ~I./(Jð fJ,t::;.O-/ y< i"':> . 'Address (,/0/ ()¡t:l,¡1,)6é f}//C,.. City .,c . ~ é ,t2c EState ß Zip ? 1./"1'"/~ - City FT. .¡J I t. ¡q c £ State F,- Zip 71./9L/ J Model ;- /"" 10 S Serial No. 3 I -:¡, D ,;¡ ""1 Retail Date 0 Go 1 .;x;¡ 1 Ô t::..- SN D",,¿,.4r6 og" Ql'M ~ Æ Signa ure Date ¿:. # ;J? -0 c.." 220191.REV. 2199 Additional details on back PRINTED IN USA t> White & Canary-MAIL TO YOUR LOCAL NHCC REGION OFFICE Pink -PURCHASER Goldenrod-DEALER '. '-" WOODS EQUIPMENT COMPANY WARRAR'rY REGISTRATION PLEASE TYPE OR PRINT OWNER NAME C; ï '- (.)(, Ii: C ,D"';';" T'I C t <: fa ADDRESS 5!' l.Ioo t) Ie. L>"" r.t 1--::> 1'10 j CITY F T, {J i e. J<2. c ¿. .., STATE 1-''- ZIP 3 ~'I.i" DEALER NAME '5 J~j( ">L~ ï DEALER NO 0 ð .q- 'I () 0 OWNER'S PHONE NO S-¿,I-W,:;" -I(,~ò DATE OF PURCHASE C, -)..~-o MOW'N MACHINE ONLY MODEL SERIAL NO ATTACHMENTS SERIAL NO WOODS, DUAL, GANNON, GANNON BMP, ALLOWAY PRODUCTS - MODEL 8-- I ~ ATTACHMENT I:;J 4 (p<:J¡ò SERIAL NO ?Dì ~ 1./ ') MOUNTING KIT NO 11$ '/;). L.j TRACTOR MODEL !:>-{, /0 S TRACTOR MAKE ,J¿'W t+tkl. ~µ ."":;) PRODUCT TO BE USED FOR: o f1SSIDENCE 9"GOV'T AGENCY o GOLF COURSE o MUNICIPALITY D OTHER o AGRICULTURAL o CUSTOM MOWING CONTRACTOR o SCHOOL o PRIVATE BUSINESS o CHURCH D APT. COMPLEX D CONSTRUCTION CONTRACTOR o SOD FARM AVERAGE YEARLY USE IN HOURS: o LESS THAN 100 o 100-200 D 200-300 ~500 o 500 AND ABOVE DO YOU OWN ANY OTHER WOODS PRODUCTS? IF YES, WHAT MODELS: DYES ~ CHECK LIST (Dealership's Responsibility to Complete) 1. WARRANTY REGISTRATION: To be completed and mailed at time of sale. 2. CHAIN SHIELDING: If customer purchases a rotary mower, dealership is to explain importance of and recommend useage of chain or rubber shielding. Was chain or rubber shielding included? FRONT: DYES 0 NO REAR: 0 YES 0 NO 3. EQUIPMENT ASSEMBLY: Dealer has completed as instructed in Operator's Manual. ~ 0 NO 4. PRE-DELIVERY CHECK LIST: Dealer has com leted check list in Operator's Manual. ~ 0 NO 5. DELIVERY CHECK LIST: Dealer has giv ustomer the Operator's Manual, and reviewed all safety points and instructions per the Operator's Manual check list. ES 0 NO rlzed S gnature: (Certifying that all items on the above check list have been completed.) Date: Ú - pt 7 - ¿> 0 was completed and Operator's Manual has been received.) Date: Û - :;a..? - ð Q SUBJECT TO COMPLETION AND RETURN OF WARRANTY REGISTRATION. WoodII ~c CcnnpaDJ 2606 Illinois Route 2 South Post Office Box 1 000 Oregon, Illinois 61061 815-732-2141 tel 815-732-7580 fax www.woodsonJine.com ..·..n~....... tlW1..,,,,Ui:/j@ Dealer, fill out and sign this Warranty Registration. obtain customer's signature. and mail the return card to Woods Equipment Company. Give one copy to customer and retain one copy Please fold card and seal with tape. Do not staple. F-Q001 (Rev. 4/30/98) '-" ST. LUCIE COUNTY"" MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA August 28, 2001 1. MINUTES Approve the minutes of the meeting held August 14, 2001. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 46 and No. 47. 2. MOSQUITO CONTROL A. Declaration of Surplus Property - Consider staff recommendation to surplus various District equipment, authorize to offer the surplus equipment to interested Mosquito Districts at the values estimated for those items, and grant permission to publicly auction the surplus equipment that is not successfully bid upon by another District. B. Bid Waiver and Piggyback of Martin County Aerial Spraying Bid - Consider staff recommendation to waive the bid process and grant permission to piggyback Martin County Bid No. A/R 227-01 for "Annual Aerial Adulticiding for Mosquito Control" to Vector Disease Control, Inc., and authorize the Chairman to execute the agreement for a term of one year, with the ability to extend the contract two additional one-year periods. . NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. AllY party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 14,2001 Tape: 2 Convened: 10:40 a.m. Adjourned: 10:45 a.m. Commissioners Present: Chairman, John D. Bruhn Paula A. Lewis, Doug Coward, FraIU1ie Hutchinson, Cliff Barnes, absent Others Present: Doug Anderson, County Administrator, Heather Young, Asst. County Attorney, Jim David, Mosquito Control Director, Ray Wazny, Public Works Director, Peter Keogh, Leisure Services Director, Bill Blazak, Utilities Director, A. Millie Delgado, Deputy Clerk 1. MINUTES (2-345) It was moved by Com. Barnes, seconded by Com. Coward, to approve the minutes of the meeting held June 12,2001; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS A taxpayer, resident of the Reserves Development, addressed the Board in obtaining mosquito spraying in his area. The area residents are willing to pay the additional tax for the service. The Mosquito Control Director stated they are presently working on expanding the district. 3. MOSQUITO CONTROL (2-610) A. Bear Point Mitigation Bank Permit- Consider staff recommendation to approve Work Authorization No.4 for Hazen and Sawyer, P.C. in the amount of$32,000 for Phase 1, and authorize the Chairman to execute fur;: work authorization which allow the District to obtain survey and engineering services specified under the Scope of Work. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. B. Joint Study Agreement with Florida Agriculture and Mechanical University, Public Health Entomology Research & Education CenterfBudget Resolution No. 01-04 for Contribution from Aventis Envirol1ment¡)1 Science- Consider staff recommendation to waive the bid process in order to approve the Study Agreement with FAMU, and authorize the Chairman to execute the agreement. Accept a contribution in the amount of $2,000 from Aventis Environmental Science te aid in Emding the study, and adopt and execute the budget resolution. It was moved by Com. Hutchinson, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carried unanimously. -1- 4. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Hutchinson, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST (2-765) The District approved Warrant List No. 37 through 45. There being no further business to be brought before the District, the meeting was adjourned. Chainnan Clerk of Circuit Court -2- '-" ....." 08/17/01 ST. LUCIE COUNTY - BOARD DATA FZABWARR WARRANT LIST #46- 11-AUG-2001 TO 17-AUG-2001 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 23,019.08 GRAND TOTAr:.: 23,019.08 PAGE 1 PAYROLL 27,749.88 . 27,749.88 . 4 '-' '-' AGENDA REQUEST ITEM NO. ~ DATE: August 28, 2001 REGULAR [ ] c PUBLIC HEARING [ ] CONSENT[X] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY(DEPT): Mosquito Control James R. David SUBJECT: Declaration of Surplus Property BACKGROUND: In order to meet the requirements of Chapter 388.323, Florida Statutes, District surplus equipment must first be offered to other Mosquito Control Districts through the Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control, prior to conducting a public auction of the equipment. A list of the individual property record numbers each surplus item is provided for Board consideration. FUNDS AVAIL.: N/A PREVIOUS ACTION: Board approval of Surplus Sales in FY'01 Budget RECOMMENDATION: Staff recommends Board approval to surplus the District equipment referenced in the attached list, Board authorization to offer the surplus equipment to interested Mosquito Districts at the values estimated for those items, and Board approval to publicly auction the surplus equipment that is not successfully bid upon by any other District. COMMISSION ACTION: . [) : APPROVED [] DENIED [ ] OTHER: Review and Approvals County Attorney: Management & Budget ~asing : ~ating Dept. 0' V'2-1) Other: Finance: (Check for Copy only, if applicableL Other: Eff. 5/96 , , "'" ...., MOSQUITO CONTROL DISTRICT MEMORANDUM , TO: Mosquito Control District Board , FROM: James R. David, Mosquito Control Director (~ .... DATE: August 10,2001 RE: Approval to Surplus Equipment t BACKGROUND: In order to meet the requirement of Chapter 388.323, Florida Statutes, District, surplus equipment must first be offered to other Mosquito Control Districts through the Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control, prior to conducting a public auction of the equipment. A list of proposed surplus equipment is attached for Board consideration. , ~ RECOMMEND A nON: , Staff recommends Board approval to surplus the District equipment referenced in the attached list, Board authorization to offer the surplus equipment to interested Mosquito Districts at the values estimated for those items, and Board approval to publicly auction the surplus equipment that is not successfully bid upon by another District. . cc: file H:\ WP\AGENDA \2001 \Surplus NoS_mem. wpd ~ ......,.¡ MOSQUITO CONTROL DISTRICT t MEMORANDUM . TO: Jim David, Director FROM: Suzanne Hitchcock, Executive Secretary ~ DATE: August 6, 2001 RE: Fixed Assets Inventory The following is a list of fixed asset items that are still on our inventory but no longer in our possesion: PR# DOP Description Purchase $ Note I 20-3319 06/21/79 Digital flow conv. Kit $1,295.00 No Acquisition Report 20-3322 08/30/79 Digital flow conv. Kit $1,295.00 No Acquisition Report 20-3354 07/30/81 DFK conversion kit. $1,425.00 No Acquisition Report 20-3399 07/23/82 Sprayer pump & tank $1,622.00 No Acquisition Report . 20-3441 11/04/83 Winch $ 895.00 Re-assigned to Forestry 20-3484 10/21/85 Pressure washer $1,750.00 'Surplus' by Garage. 20-3557 09/30/87 Scope/Engine analyzer$4,039.95 'Surplus' by Garage. 20-3564 11/16/87 Concentration meter $ 768.00 Junk 20-3592 08/16/88 Winch assembly $ 940.30 Junk 20-3635 11/20/89 Hydraulic jack. $ 799.00 'Sold' by Garage 20-3653 02/27/91 plasma cutter $2,190.00 'Sold' by Garage ~ 20-3692 05/18/93 Air compressor $2,910.00 'Sold' by Garage 20-3711 01/19/94 Mower $3,899.34 Junk SH G, \MSQ\Suzanne\Surplu.\08-07 -0 1.wpd 08/24/01 FZABWARR '-" ......, ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #47- 18-AUG-2001 TO 24-AUG-2001 FUND SUMMARY- MOSQUITO FUND TITLE 145 Mosquito Fund EXPENSES 26,938.50 GRAND TOTAL: 26,938.50 PAGE 1 PAYROLL 0.00 . 0.00 4 ~ ~ I . . 4 r .. J- '-' ......" AGENDA REQUEST ITEM NO. C-lb DATE: August 28,2001 REGULAR [ ] PUBLIC HEARING CONSENT[X] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY 4 SUBMITTED BY(DEPT): Mosquito Control James R. David SUBJECT: Bid Waiver and Piggyback of Martin County Aerial Spraying Bid ~ BACKGROUND: Martin County recently awarded Bid No. AIR 227-01, for "Annual Aerial Adulticidlng for Mosquito Control" to Vector Disease Control, Inc.. Both Martin County and the Contractor have agreed to allow Saint Lucie County to piggy-back the bid. The District has a need for aerial adulticiding during periods when public health is threatened by mosquito disease transmission, or in other emergency situations. FUNDS AVAIL.: Funds will be made available in 145-6230-534000-600 Other Contracted Services ~ PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve waiverof the Bid process, and piggybacking of Martin County I Bid No. AIR 227-01 for "Annual Aerial Adultlciding for Mosquito Control" to Vector Disease Control, Inc., and authorize the Chairman to execute the Agreement for a term of one year, with the ability to extend the contract for two additional one-year periods. COMMISSION ACTION: [x APPROVED [] DENIED [ ] OTHER: . véounty Attorney: ~ìnating Dept.~ Finance: (Check for opy only, If applicableL Review and Approvals £--Canagement & Budget ~haSing : Other: Other: Eft. 5/96 '-' ~ MEMORANDUM TO: MOSQUITO CONTROL BOARD JAMES R. DAVID. MOSQUITO CONTROL DIRECTOR ~ FROM: DATE: AUGUST 10, 2001 SUBJECT: Bid Waiver and Piggyback of Martin County Aerial Spraying Bid BACKGROUND: Martin County recently awarded Bid No. AIR 227-01, for "Annual Aerial Adulticiding for Mosquito Control" to Vector Disease Control, Inc.. Both Martin County and the Contractor have agreed to allow Saint Lucie County to piggy-back the bid. The District has a need for aerial adulticiding during periods when public health is threatened by mosquito disease transmission, or in other emergency situations. New studies and technological developments in aerial spraying have increased the efficacy and reduced the environmental impact of aerial spraying, making the aerial spray capability more responsive the needs of mosquito control programs RECOMMENDATION: Staff recommends that the Board approve waiver of the Bid process, and piggybacking of Martin County Bid No. AiR 227-01 for "Annual Aerial Adulticiding for Mosquito Control" to Vector Disease Control, Inc., and authorize the Chairman to execute the Agreement for a term of one year, with the ability to extend the contract for two additional one-year periods. AUG¡lØ-Øl. lSd2 FROM,MARTIN COUNTY PURCHASING DOUG SMITH O>mmi5lionêt. DisVict 1 DENNIS H. ARMSTRONG ComnISsiOner. District 2 I.EE~ r.nmm_. Di!arict3 Q.MIRA ~ t::.I\lNFV C¢mII'IiSSiOneI DisIrict 4 MtQfA!I... DITERLIZZt CorTmisoionor. !);st içt. 5 RUSS mAClœURN COIJnty Aart1Þll:llru\t.>< ~ II;t'HEN FRY Co\,r\Iy A!tcr'My 'TaEPMONE 56'-~OO WD ADOftESS htIp:I/www.mart!n.iLua JD,561288541'l PAGE 1/26. MAÌ!TIN COUNTY ...¡ HOARD OF COUNTY COMMISSIONERS 2401 8.E. MONTEREY ROAD. STUART, Fl34996 aspOll.683 August 10,2001 :Mr. dlID. David St Lucie County Mcwquito Control District . 3150 Will Fee Rd Ft Pierce, F10rida 34982 Re: Bid AIR 227-01 ...t\.nnual Agreement for Aerial Adulticiding for Mosquito Control Your agency is permitted to use NR 227-01 at the option ofthe awarded vendor, the submission of any bid in response to this Invitation to Bid constitutes .a. bid under the same terms and conditions, for the same contract priœ to other governmental ngcncics incl\'l.ding the State of Florida and its agencies, political subdivisions, counties and cities. Each goVe1"!1mAnW agency desiring to accept these bids. and make an award thereot: shall do so independently of any other governmental agency. Each tlgeacy shall be respòn.sibile for its own purebasea and ench shall be liable only for materials ordered and received by it and no agency assumes any liability by virtue of this bid. Should you have any questions. please feel free to contact me at (561) 288-5509. ·' Au~ 07 01 04:54p QDAPCO, I NC. '-' ('to?) 330-9888 ....,¡ p.l ~... "AlaI .;4DAPCO.IMC. -- ...,.........JJ__", August 7, 2001 Jim David, Director St. Lude County MOSQuito District 3150 Will Fee Road Ft. PIerce, Florida 34982 Re: Aerial Adulticiding Service Jim: In cooperation with Vector Disease Control Inc. (VDCI), Adapco, Inc. is pleased to extend the current pricing schedule under the Martin County Mosquito Control Aerial Contract, allowing St. Lucie County Mosquito Control the ability to "piggyback" upon the Martin County Mosquito Control contract. Please feel free to contact me should you have any questions, immediate needs or if I can be of any further assistance. Thanking you in advance, rß~=&~ Bill Reynolds &4¡ Alan Loe \i.:'" . 2800 SOlJTl!l'F~tAL COURT. SANFORD. FLORIDA 32773-8118 · U.S.A · (407) 33~''';~4Q7) 330-9888. (800) 367-0659. e-mail: info@adapcoinc.com '". ...~_1 AUG-.IØ-Øl. 15,12 FROM,MARTIN COUNTY PURCHASING ·_~."'¡()!'."I'-;" .... -... .... . -- ,- . .I z ~ .o:.,~) ,~-- .~ ¡ ,¡¡;..~'c~ .'~ ~_ , ...~"-.::- I;;. _._r -.. ...:.-:-.... 1 fJF \". DOUG SMITH commISSiOner, CIisIr!ct , DÐlIIS H. AAMmIQNG Commi$$iOnet. 0i3t1c\ 2 Uô! WSERMAN Commiaicner. District 3 1UIIM.IllUlNEY . Commìsoicner, District <I MICHAEL DITERLIZZI CO<nmia:sicMl', DiSt<iC:I 5 IIU$$ BL.4CK8URN ~^_"""""'r ~~ rTIY County AtlOI'nBy TE1.EJ>HONE 5ð1·28! .54OQ wE8 AOOAESS htl-:dlwww.martin.flus ID,5612885414 PAGE 2/26._ M.AÌtTIN COUNTY "WI BOARD OF COUNTY COIDfISSIONERS 240.1 S.E. MONTEREY ROAD · STUART, FL 34996 NOTICE OF AWARD June 12, 2001 File: aspOl1.505 Mr. Robert A. Loe, President Vector Disease Control, Inc. PO Box 566 Dewitt, AR 72042 Description: Mosquito Control Annual Agreement for Aerial Adulticiding for Bid #AIR 01-227 You are hereby notified that the BID submitted on Ma.y 22, 2001, wa$ approved by the County A..1......;n;"'trn.tor, RUG5 Bla.ckburn, on June 12, 2001. Yau are required to return an acknowledged copy of this Notice of Award to Martin County no later than June 22, 2001. In addition, please furnish aD original œrtiñCate of in3urance nammg the Count.y as additionalip,sured along with a· signed copy of the attached Purchase Order Agreement for Goods. An executed copy will be returned to you for your rer..oms Thank you for yuur parlJciµ~I..iuu iLl oW"' bidding process. We look forward to doing business with you. -BY.~~~~;"'~ ACCEPTANCE OF NOTICE -..' :.:, Receipt of the a.bove NOTICE OF A W ABD is hereby a.cknowledged .. ,- .. By: VECTOR DIS.EASE CONTROL, INC. This 20th ~of June·, 20~. Signature:··. ,fL'1Vti-4 -g-/: .:. -. Title:. . Pre·sid€nt . .... :"-.. . . .. .. .. -.:1 .'.,; c::¡ ;lj" AUG"10-01' 15d:3 FROM,MARTIN COUNTY PURCHASING 10,5612885414 PAGE 3/28__ '-' PUl:CCHASE ORDER AGREEMENI' F~ GOODS This Purchase Order Agreement ("Order") bearing a PO Number of and a Contract./Bid Numbér of AIR -227-01 is dated June 12. 2001 . by and between M3rtin County Disease Control. Inc. as Board of County Commissioners ("County") and contraètorÍV'endor (hereinafter referenced as "Contracto¡:l'). County desires to purchase servicés as more specifically set forth in Exhibit A attached hersto and made a part hereof (collectively, "services") from Seller on the terms and conditions set forth herein. and at the pri~ SÞ-t. {ort.n in Rxhihit R att.ach.ed hereto and made a part hereof, and Seller desires to provide such Sêl'Vices to County on the terms, conditions. and price set forth herein. 'This Order constitutes a binding contract when sï.gned bY the County:md accepted by the Séller. by execution of this Order. Now, therefore, intending to be legally bound, County and Seller agree as follows: Vector PRICE: The Seller's price will be the price set forth on Exhibit B; and under no circumstances win the price be higher than specifiild, without the express written a.uthorization of the ::Seiler, as evidenced by a change order to this Ord 1"- ASSIGNME:NTJDELEGATION: No right. obligation or interest in this Order shall be assigned or delegated by tbe Seller without the prior written consent of the County. without prejudice to County's other rights and remedies. PUBLIC ACCESS: The Seller shall allow public access to all public recœ'd documents and materials directly :related to t.bis Order:in accordance with the provisions of Chapter 119, Florida Statutes. Should the Seller assert 8l.Iy exemptions to the I'8<lWrements of Chapter 119, Florida Statutes. and related statT,J.tes, the burd~n of establishi:ne ST,J.ch exeID.;¡ûon., by way of iDjunctive or other relief as provided by la.w, shall be upon the Seller. RECORDS/AUDIT: The Seller shall ma:intaln books, records and documents pert:inent to performance under this Ordèr in accordance with generally accepted accounting principle$ consistently applied. The County shall have iDspection and audit rights to $T,J.ch. records for audit pJ.U1lOSðS during the term of the contract and for three years fnllowin~ t.he termination of ob1ieations hereunder. Records which. relate to any litigation, appeals or settlements of claims arising from performance ttnder this Order shall be made available until a fina1 disposition has been made of such litigatiOT1, "p{\ARIR, 01" daims. INTERPRETATION: PAROL EVIDENCE: lli'TEGRATION: This Order states the entire and final understand- int.J: batwaen thé parties. end no c.ourse or prior d".a.I.ing, usa,ge of the trade. or utrinsic or parol evidence shall be relevant to supplèXQ.eIlt, vary or explain any term used. The Florida Uniform Commercial Code (Chapters 671-679, Flori~ StatutQ¡;) ¡;h:ùl control &ñn.itions. All int.Al'þrAt;¡ti!mS of this Order shall be ¡overned by the laws of the t Sta~-ÞÍi1orida.._'Thi! acceptaD.ce.or...acq.uiesœnœ of .any course of performance rendered UDder this Ocler shall not be conatn:led à$ 1:1. WnNcr nor çh311 it be relevant to d~ or vary any Wr.m ~uW hp,rþ.in. VENUE l1L UJ.", event it i:5 neceÞary fòr either party to initinta le;3l action r~g this Order, venue shall !)(. in t.hp. N"meteenth Juclicial Circuit for Martin County, Florida, fur claims under state law and the Southern District of Florida Îqr ¡my chúw.~ w J;úçb. a£e justiciable i11 federal court. MODIFICATIONS This Order may be mod1i1ed or resciD.ded ul.Ù.,y iLl. wdt.La.g, 6igned by the partiell" duly authori%e4 øgcnw. . EXCUSABLE DELAYS The Ço~ty may at its option grant additio11al ûme fur IWY ù~lay 0)': failure to ~rlonn hereunder if the d-e1.Q.y will not adversely affect the best interests of the County and is due to causes beyond the control of the Seller. Such grant must be in "iVriting and made part ot"the Order. TERMINATION If either party fails to fuJfilllts obligations under this Order in a timely ¡md pru~r 1.11<:1" "e.<, the othe¡- party $hall have the right to terminate this Order by gi-çing written notice of any deficiency. The party in œfauIt sha.ll then ha-ve ten (10) calendar days Ü'Om receipt of nor.ice to CQITe<;t the deficiency. If the def:tulWu¡t pa.d.y fails to ç~t the deficiency within this time, this Order shall terminate at the expiration of the ten (lO) day time period. In case of defa.ult by Seller: 1) any sucJ1 terItrination will }:)e without 11abIDty to the County ex.œv~ ru. cowplete9. item:; delivered and accepted by the County; and 2) Martin County may procure the articles or service (:(Jvered by this Order from other 50UTœS and .b.old the Stller responsible for any excess expense cx:aWOl1~ tJ.¡1¡\ ;"d.lY· AUG-10-01 15,14 FROM,MARTIN COUNTY PURCHASING ID'5612885414 FAGE 4/26- '-' ....,¡ 'rERMS: The Contractor shall submit completed monthly payment requests covering the Work perfouned dwing the period ~~ by the pa:vment reQuest invoice to t1111 persons designated by the OWNER. All payment requestsfmvoiœs shall be mailed to: Martin County Board of County (;Qmm;,"ioners, 2401 SE Monterey Road, Stuart, Florida 34996. Such. partial ps..vment re<¡,uestJinvoice shall be suPPOrted by such data as the OWNER may reasonably require. The payment request will either be approved by the OWNER, or be returned to the CONTRACTOR with the reasons for refi.l$inz t.n ¡¡¡¡pmVI'! the ~ent in wriÛJJ.t. In the latter caæ. the CONTRACTOR may make the neœssary corrections and resubmit the partial. payment request. The OWNER will pay the CO~""TRACTOR in ac<:oclance with th~ provisions of th~ Florida Prompt. P:<Iynlfmt Act. INVOICING & PAYMENTS The CONTRACTOR shall submit a separate invoi~ for ~ach. work u~ign:n'II/01'It l1pon r.nmplf!tinn r¡f p.3.c-.h work assign- ment. Invoices shall mcbJde a complete description of the work provided and written evidence of the aœepta:ace of ~uch work by the COUNTY o.D.d the a=o1.Ult owed based upon the bid prices_ Fs.il= by ~ C.ONTRACTOR tn ~'Jh- mit a proper invoice may result in the rejection of such invoice by the CO{]1l. "TY, in which case the CONTRACTOR sha11llubmit .an invoice wítb. the req~ :information. Pnymcnt eh$ll be made by the COUNTY in accorda.neG with the FLorida Prompt Payment Act, F.S. section 218.70. All inv0ÍC8$ slWl be mailed to ACCOUNTS PAYABLE, Mar- tin County Doacl of County Commi8I1iooér3, 2401 SE Monterey Road, Stuart. Fl()rid~ 34996 TAXES Mart.iu CoW!(..y l:,; ~o¡¡mpt ti:om Pederal a,¡¡,d S4t.te $aIes, uu¡ and like UI.~ S¢llcn do~ bucinete with the C01.Ulty shall not be exempt from payiDg $ales tax to their suppliers for materials to fulfill contJ:-actœl obligations with the County, nor shall any Seller bt! ¡f.U~hw.·il.tod to use the County T= EzeonptiOIl Number.is securing $t.1eh matcrilllf:. PURCHASE ORDER &; CONTRACT NUMBER PO Number & Contract N'\Imber (it applicable) must appear DIl all PiiY wl::'.I~L ~-...q l.icst$ and corre:;pondençe concerning this Order_ USPONSIBILlTY The County willlJot accept responsibility for any goods delivered uWe$$ covtred by this Order. STATE.MENT 01<' S.1!:.KVIC~ The CO~"l'RACTOR shall, to the satisfaction of the COUNTY, fully and time!y perform all work items described in E:h.ibit A NONDISCRIMINATION: The Sèller hereby assures that no person shall be excluded on the grounds of race, color, c:reed, national, origin, handicap, age, or sex, trom partíapatlon :in, denied the benefits of, or be otherwi5e subjected to discrimination in any activity under this Order. The SeIler shall take all measures necessary to effectuate these assuranCfi. INnEMNIFICATIONJINSURANCE Far value NCeived, Seller agrees to defend, indemnify, save and hold harmLess .Martin Uounty, its employees and ap;ents against aøy and all claims, causes of action. dama.,øe$, liabilities. and court awards including costs, expenses and attorney fees inèT,.u'ted as a result of any act or omission by the Seller, or its employees. ag~ts, subcontractors or assiø1ees in connection with this Order. Seller also agrees to save and hold barmless Ma.ctin County, its employees and agents from Jiabjlity f(l1" i.t.!frirIgemeut of any. Uni~ States patent, trademark or copyright foe or on as:eount õfthe use of any ¡Ù-oductSold to County or used in the performance of thi$ Order. Seller agrees to maintain insurance sufÌÏcient to protect the intere$ts of the County, as set forth in Exhibit A ocCtJPA110NAL SAFE"O'.MtD 'Rlì!~TH The Seller agTeeS to furnish Martin. County with a current Material Safety Data Sheet (MSDS) on or before delivery or P.f t'.h and every hazardous chemical or substance purchased which is classified as toxic under Florida Statutes chapter 442, the Florida Occupational Safety and Health Âct. Appropriate labels and MSDSs shall be provided for all shipmomts. Senrl ~DSs and other pertinent data to Martin Co1,JIlty Purchasing Divi$ion, 2401 S.E. Monterey Road, Stuart, Florida 34996 at least ten (10) calendar days prior to shipment. PUBLICITY No e¡;¡dorsement by the County of the product anðlor services will be used by SeUèr in any way, maI1Jler or form in product 1itcraturè I)" adveräsin¡. PUBUC ENTITY CRIMES !'un\1.Q,13.t to Florida Stat1.1tee MOtion 2S1.133(2Xa), all ~U..." A~ nA1"P.by notified that a person or affiliate who has been placed on the convided vendor list following a convìction for a public entity c::rime may not submit a bid on a contract to provide any go<xù: or 8Q1"'\!'Íces to 3 pu.b1ic entity', :!:MY nnt ~11hmít 3. bid on a contract with a. public entity for the construction or repair of a pu.blic buildißg or public work. may not submit bids on leases of real property to a p\,\büG entity, may not be o.WlU"ded or perform wor1..:!ISI a contn.dôr, ~l1Pfll;"'r, !\ubcontraetor. or con$ultant under a contract with any public entity, and may not transact. business with any public entity in excess of the threshold ~Q1,1D.t provided jD F!Qñda Statute¡; $4Ction 2&7.017 for CATEC'.oRV TWO (~'lITP.nt.ly $25.0001 for a øeriod of 36 . AUG-10-01 15,15 FROM,MARTIN COUNTY PURCHASING ]D,56]2885414 FAGE 5/25_ "v. D.C. I. VECTOR DISEASE CONTROL, INCORPORATED OF MISSISSIPPI Mosquito c.;ontrol Specialists 286 S'"I AVENUE GREENVILLE, MISSISSIPPI 38701 Vector Disease Control~ Inc. is a leading provider of aerial mosquito control. Our fleet of 7 aircraft are c.apable of applying any lahel ad1l1ticide ()T larvícide's over any area of the United' States. We are proud. to expand our area of operation Ïnto Florida in 200 1. We have or CUITentlyprovide mosquito control applicàtion in Arkonso.s, MississipP4 Louisiana, Texas, North Caro~ South Carolina, and this year in Florida.. Our aircraft are equipped with GPS navigation and GPS spray system. Our spray application system provided detailed. maps. of I.lre sprdY (JI'~ V.D.C.I. is very involved in driftopnmi7.ati.on and spray cloud technology. V.D.C.I. has the option of real time weather inp11t. Thi~ coupled with drift and cloud . teclmology, can significantly lower pesticide volume per acre, thus reducing over all cost. Enclosed is a CD showing the aircraft that can be used in the Florida operotion (Window 98 operational system). If you have any . 7?ðX7-7557. Robert A. Loe. President Vector Disease Contro~ Inc. 888-277-7557 601-332-7557 E-mail: vdcj@tecinfo.com 601~332-7558 AU4-10-0J 15,15 FROM,MARTIN COUNTY PURCHASING ]D,5612885414 PAGE 8/26" '-' .....; ADVERTISEMENT Martin County Board of County Còmmissioners, Florida BID#AIR-227- 01 2401 S.E. Monterey Road ~tuart, F'lorida 34996 Phone: (561) 288-5509 The Board of County Commissioner5, Martin County, Florida, will receive i5ealed bids for: ANNUAL AGREEMENT FOR AERIAL ADULTICIDING FOR MOSQUITO CONTROL Sealed bids will be reœived in the Purchasing Division of Martin County, Florida at 2401 SE Monterey Rd. until ~:OOP.M on MAY 22. 2U01. Bids received after the designated tìme and/or date will not be considered. B¡ds will be publicly opened and read aloud in the Purcha&ng Di~ion on the above appow.ted date and time. Late submittals '9Yill be returned to the sender unopened. Envelopes must be clearly marked with the BID number, time and date of opeDing. Mail or d~liver to: Purchasing Division 2401 S.E. Monterey Road Stuart, Florida 34996 ScODe of Work: Includes, but is not limited to; qualified contractors to provide Federal Aviation AnmiT\istration approved aircraft, equipped for ultrn·!ow volumo dispersal ofinsectic:i.dee to cantrol adult mosquitoes over populated areas 'Within MartiD. County. The successful bidd.er shall provide a111abor, materials, equipment, supplies. insurance. bonding, and all other reqtrira...ments to complete the terms, conditions and specifications provided. . Cupie:,; uf the Documenta may be obtained from the M.arti.n County Purchasing Division, 2401 S.E. Monterey Road, Stuart, Florida 34996 or on-line at www.martin..fl.us at no charge. Upon award, successful Bidder shall provide proof of a Martin County Occupational license. The Board of County Commissioners reserves the right to: waive any teclmicalities; reject allY GWù all Bids which a¡oe incomplete, conditional, non-re$pon:;íve, oX' which contain additions not allowed for; rejéCt any or all bids in whole or in part with or without cause; and accept the bid which best serves the COtJN'I"Y'. Martin County is a¡¡ equal oppommity/affirmative action employer. By order of the Boarà ofConnty Commissioners of7.Iartin County, Florida.Publish: Stuart News: 5/02101 Palm Beach Post 05/02101 AU~-lØ-Ø~ 15,16 FROM,MARTIN COUNTY PURCHASING ID,56]288S414 FACE 7/2~. "'" 'wi INSTRUCTIONS TO BIDDERS In order to be considered responsive, all Bi.ds m:zt$/: ~ mad~ in. accordance with these Instructions to Bidders. 1. DOC;UMENTS The Bid Documents may obtaíned at no charge from the Martin County Purchasing Division, 2401 S.E. Monterey Road, Stuart, Florida 34996 or on line aL www..mal"tÎn.f1.us then go to Bid" & ContractB. 1"()1 EXA.:MJ:NATION OF BID DOCUMENTS It is the responsibility of each Bidder before submitting a. bid, to: ~) Examine the COTrf:rnd Documents thoroughly, b) Consider federal, state and local laws and regulations that may atIect cost, progress, or performance of the Work, 2. QUESTIONS Submit or fax all questions about the BID Documents to the ~asing Divison, 2401 S.E. Monterey Road, Stuart, Florida. 34996, fax number: 561-288-5414, Attention: p'Ur("h~!'ri"g .Aòm;T1;!':trator, in writing no later than five (5) working days prior to the bid opeI1ing. Where appIicabIe, written replies will be issued. to all Bidders of record. Questions received less than five (5) working days before Bid opening cannot and will not be answered. 3. DEFINITIONS Whenever in these Instructions, the terms defined in the Contract are used (or pronouns used in place of them). the intent and meaning of such terms shall bè interpreted as ind;('~ted ;n the Cnlltrncl.. In addition, the following detinitil)I1J:; ¡sh¡ill apply: .1 Bid means an executed formal document submitted to the County stating the goods, consultm1t services, and/or services, as applicablè. offered by thè Bidder to satisfy the naeds as requested in the invitation for bid. _2 Cúntract means the Goods A.areernent between the successful Bidder as vendor and Martin County in the form attached to and included in the Bid Documents. .3 Goods, Consultant services, andlor services. as applicable. mean: .ANNUAL AGREEMENT FOR AERIAL ADULTICIDING FOR MOSQUITO CONTROL .4 Bid DOCUD.1ents means the contract and these Instructions to Bidders. .5 Contra.ctor means any person having' a contract with the Martin County Board. of County Commissioners. .6 Vendor means an a.ctu.al or potential supplier of goods, services. and/or consultant services. Eev1sion 10/99 AUG~lØ-Ø\ 15,18 FROM,MARTIN COUNTY PURCHASING 10,5612885414 PAGE 8/2EL "'" ...., 4. BID PACKAGE .1 Bids shan be made on the bid Package included herein. Tbe bid Package shall consist of: 1) a bid ::;1..i:it.ewt::.uL :jetting forth .w. deLaiI llOW ilie bid meets the bid requirements and evaluation factors and; where applicable, the cost of the goods, consultant services and/or services proposed; (2) identification of any and all proposed spccinlty co:nsultants, subcontractoI'6 and ffiject Tøam Members, including professional resumes and applicable licensure or registration information; 3) evidence of insurance of the types and in the amounts set tòrth in the bid documents; 4) evidence of required registration and/or licensure as set forth in the bid Documents; and One original and four (4) copies of the fully completed and executed bid P:i'!l"k:i'!ge shall be submitted. Bid Packages submitted after the time and date specified will not be considered and will be returned unopened. 5. SUBMITTAl, Submit entire bid Package i" 811 opaque, sealed. envelope_ Identify the envelope with: (1) Bid Name, (2) Name of Bidder, (3) Bid Number. Submit bid Package in accordmce with the Invitation for Bi~Adv~meIlt. All items in the bid Package required for responsive bid shall be included.. It is the responsibility of the Bidder to ensure that the bid Package is complete and received at the proper time. 6. WITHDRAWAL OF B.IQ, The bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its duly authorized representative. Such written request must be delivered to the place specified in the Invitation for bid/Advertisement for reœipt ofbids prior to the scheduled closing time for receipt of bids. Modifications will not be accepted or ackno"Wledged. 7. DISQUALIFICATION More than one bid from an individual, firm, partnership, éOrpar-atiOn,. or as..c;ociation nndp.1" the same 01" different names will not bê con.<;Íc1p.n'!d_ Tf the OWNER believes that collusion exists among Bidders, all bids will be rejected. 8. OPENING Bids will be publicly opened as announced in the Invitation for bid/Advertisement. .' 9_ BID REQUIRE?v.ŒNTS: AElUAL AD"OLTICIDING FOR MOSQUITO CONTROL In accoJ:'dance \Vi.th Attachment "Alt. Revision 10/99 AUü-10-~1 15,17 FROM,MARTIN COUNTY PURCHASING 10,5612885414 PAGE 8/26- '-'" '""'" 10. EVALUATION FACTORS The evaluation factors include; but are not limited to; price; innovation; vendor approach and m.ethodology; capability; qualifications; and p~1. pe.rfonuauœ with other entities 01- the County. 11. DID EVALUATION: The County shall award to the responsive and qualified Bidder whose bid is determined to be thé most a.dvant';¡8'P.On~ t.ö the County Invitation for bids and any other relevant information obtaiDed through the evaluation process. 12. STM""DARD OF QUALIFICATION: All awards Dlade by the County, whether obtained by Invitation to bid/advertisement, or request for intorma:tion, bid, or quotation, shall consider whether the prospective con~r.t.öT/vp.nrlor meets the standard of qualification. Factors to be considered in determining whether the standard of quaJ.iiication has been met shall include whether a pro6pet.-tiv~ 1.'UJJ.l..rectOl-lvendor has: (1) available the appropriate financial, material. equipment, facility, and pel'sonnd reðOW"Ce.e and expertise, or the ability to obt3in them, necessary to indicate its capability to meet all contractual requirements; (9.) ;:¡ ¡:;atÜ:¡factDry record ofperformance; (3) a ~Us!actory record o£integrity; (4) the legal ability to contract with the County; and (5) supplied all neœssary information in connection with the inquiry concerning responsibility including but not limited to any liceillies~ pe1"1D.ÌUi, or orgam:z;ation paper:; req1.rired. . The prospective contrnctor/vondor shall supply information requestêd by the County concerning the qualification of such contractor/vendor. If such contractor/vendor fails thne1y to supply the requested iDformation, the County shall base the determination of qualifiC'.3tioTl upon any avafiable information, or may find the prospective contractorlvendor non-qualified if such failure is unreasonable. . 13. RESERV AT10N OF RIGHTS: The Martin County Board of COtmty Cnmmis;sioners reserves the right to waive any informality or irregularity in any bid received, or reject any and/or all bids, or re-advertise. 'l'he County reserves the right to cancel the aw~ of any contract at: any time befOl"e the execution of such contract by all parties without any liability to the Owner. For and in Rev1s1on 10/99 AUG-10-01 15,18 FROM,MARTIN COUNTY PURCHASING 10,5612885414 PAGE 10/2B" '-" 'wi consideration of the County considering bids submitted. the Bidder, by submittfug its bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner p..xercised its right to cancel the award in accordance herewith. In the event only one respomive bid is received, the County reserves the right to award to the sole Bidder; re-adv~i;Ï5e the bid, with or without making ~ges to the evaluation factors; or elect not to proceed. The Martin County Board of County Commissioners reserves the right to select, from among the various bid alternates, those alternates to be included in the final contract. as well as the right and option to award or 1'e-soJicit bid alt.ernat.es in any sequence or at any time deemed to be in the best interest of the County. 14. AWARD: Notice of the intent to award shall be posted at the location set for bid submission for a period of five (5) business days. The award shall be made in accordance "'With the proviaions of'tbc invitation for bid. 15. EXECUTION OF CONTRACT: TliI!.ì Contract between Bidder and OWNER shall be ;'n thp. form of the Goods A¡reement included herewith. The successful Bidder shall assist and cooperate with the ÜWDer in executing the Contract, and within fourteen (14) ca1~da1' days following its presentation shall execute :mme and return it to the owner along with the Insurance documents and any other documentation that may be required by the C<Jntract documents to be submitted at that time. 16. A V Þ. IT .ABILITY OF FUNDS: The obligation of Martin County to enter into the Contract with the accepted Bidder is subject tu tlu.~ availability uf flJ.IlW:; lawfully appropriated for the goods and/or' services by the Martin County Board of County Commi~oners. 17. REGISTRATION OR UCENSE: All Bidders shall provide proof that they are properly licensed, certified or registered by the State of Florida as applicable. Failure to comply with this condition shall result in ~iectioD. of the bid. 18. PUBUC ENTITY CRIMES Pursuant to Florida Statutes Section 2S7.183(2Xa), all Bidders are hereby notified that a person or afiiliate who has been placed on the convicted vendor list following a convíction for a public entity crime may not submit a bid on a contract to prov:idp. any goods or set'VÌceA t.o Ii public P.Jlttty, may nnt submit a birl on R 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 prop&ty to a public tmtil,y, lIli.iy not be awarded or peñorm Work as a contractor, supplier, subcontractor, or consultant UDder 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 [currøntly $25,000] for a period of 36 months from the date of being placed on the convicted vendor list. . A "Public entity crime" means a violation of any state or federal law by a person with respect to and dh-ectly related to the tran.3acti.on ofbusinesa with Wly public entity or with an agency or political subdivision of any other state or with the United States, including, Revision 10/99 AUG-10-01 15,18 FROM,MARTIN COUNTY PURCHASING 10,58]2885414 PAGE ] 1/28-- """ '...I but not limited to. any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public buildiDg or public Work, in:volving antitrust, rnmn. t.hP.ft. bribery. collusion. racketeering, conspiracy. or material misrepresentation. 19. TAXES. Cost of all sales and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the bid. 20. Bid prices may be offered to surrounding governmental entities should the successful bidder feel that to be in their bést interest. END OF INSTRUCTIONS TO BIDDERS ~v iJ,¡¡( JJ. 10/99 AUG-10-01 15,19 FROM.MARTIN COUNTY PURCHASING IC,5612885414 PAGE 12/2E>- "'" .....,¡ BID SCHEDULE FORM BIDDER'S NAME VECTOR DISEASE CONTROL, INC. :&ard of County Commissioners Martin County, Florida 2401 S.E. Monterey Road Stuart, Florida 34996 1. The undersigned, having carefully and to onr full satisfA.ction p.xamined thp. RID Documents for: ANNUAL AGREEMENT FOR AERIAL ADULTICIDING FOR MOSQUITO CONTROL hereby proposes to furnish same as follows: SEE A1'TACBMENT "A" NO'IE: bids shall include ÏI1formation in suificient detail to allow an iDformed decision process. Failure to include literature and det3ÏJed description of services and equipment offered sb8ll result in disqualliication of submittal. 2. The undeI'SÍJnled has received Addendum # Addendum # Addendum # Addendum It dated dated dated dated and hav!:! ÌII.clud~ their provisio:rn5 in this bid. . 3. The undersigned acknowledges that it shall be bound by the te.rIlli! of this bid and that it may not withdraw this bid until the Contract h;;lg been e,'X:ecuted between t,he OWNER and accepted Bidder, includmg receipt ofBond.s and insurance, or until sixiy (60) days after the scheduled closing time for recehing bids, whichever is the longest duration of time. . Dy subItÙs.sion of this bid, the undersigned certifies, and in the cnsc of 0. joint bid each party hereto certifies as to his own orgamzation, that this bid is made in good faith and has been arrhred at independently, without collusion, consultation, communication or agreement. 3!3 t.o $lny matter relating to this hi . yother Bidder. AUG-10-01 15,18 FROM,MARTIN COUNTY PURCHASING 10,5812885414 PAGE 13/26"- '-" ...., Company Name (Print) VECTOR u~~~ASE CONTROL, P.O. 80X566 Company Address (Print) INC. 1-800-413-4445 Phone Robert A. Loe/President Nam.e and Title (Print) CON'T"R.AC'rOR's; Licen.~e Ntun~r 71-0715455 Federal Tax LD. Number [Corporate Seal] Bid S(".heðu1p. form must be returned with submittal . Revision J.OI'iJ~ AUG-10-01 15,20 FROM·~ARTIN COUNTY PURCHASING "" ID'~"']2aeS414 '-' PAGE 14/2S- EVIDENCE OF INSURANCE ] E:vidcnc,o of the required insurance is attacb.ed to this bid. EVIDENCE OF CERTIFICATION. REGISTRATION AND/OR LICENSURE ~ J Evidence of the required certificatio~ registration and/or license is attached to this bid. , , . . ReVÍ$ion 10/99 PURCHASING COUNTY FROM,MARTIN "'-tn 15,20 AUG- h.. ID,5612885414 ~ -...I '-~TQ...--- 0.. ~_1i .-~ r. ~......- . ~ MEDICAL CëRnFlCATe 2nd ClAss T1Ir.--"fIIIC fFW _""" ~ Dave Lacey Wilkes 988 L.turhlit1. .ad. Cleveland, HS 38732 Holder s.b-3ll War correct1ng 1 lenses 'i'b.:Ue ez:erc1sing the j P1'Ítileges of ù.ts a.1J:ma.n ;! Certificate. .. . .!ii E : W M.D. ... ~§ 19 ::0 f!~ ( 'I~ g$ !-4 l"" N ~ ~-=~ PAGE 15/2õ- III Z ~.. ~ ~e i 0 !~IJ :¡; = . ¡:f~ õ ~ ~;orª ¡- ~ '-, ;:¡.:;< ~ !h~ ¡¡'= ~rJ':¡ fj § "ë!!¡¡¡g, 1 ~ [~!!& e a """ g:S!.~ > ; ..-; 3:=::tõ!¡l:: ;- ~ o "" mJi "'..... __... ~ g!& t-- i L~.I i;n~5" 2 0 · ~~5':a: ~ "=" ", .0 _..... = . IS ~ i.jgs :: ~ :;~~ ~"''' it!:"" ~ .þ.æ,¡¡¡~ Qo ~ > -"'Ii!. '" c¡ (,¡) ~i".. !!!! ~ ~ °IOg =~ . 0 ~ ... ~ VI ;'ï[ ~ .,.~ '¡!u ;:; .,,- I: : ..- . ..- [. --. ....~ !. (_Ij ~ " :=. ª' , "'u. . . AUG-10-01 15,21 FROM,MARTIN COUNTY PURCHASING ID,S61288S414 PAGE 16/26.. "" ..,¡ S-PBCONTRACTO:R INFORMATION STATEMENT Statement of all subcontractol"$ proposed to be used by Bidder , Subcontractors Name, Address and Work to be Perlormed TelePhone Number, License Number ....1.. .., .- L~I '" .. . END OF BID FORM This form. must be retnM'lP.f'1 witlt Kuhmittal . &-viIIio:c. 10/00 AUG-l'0-'01 15,21 FROM,MARTIN COUNTY PURCH."'S!NG 10,5612885"114 PAGE 17/28'- '-' '-' BIDDER'S QUALIFICATION QUESTIONNAmE la. State the number of years your business organization has been doing business in Florida. This will oe our 1st year to operate in Florida lb. State the number of years your business organization has been doing business àuly certified by the State ofF1orida or licensed in a county in Florida. 1st vear 2. Have you ever failed to complete a contract awarded to you? If so, state where, when and why? no J 3. The follo'WiDg are named as three (3) references - public entities, cOIporations or indivìùuak for wbich you have provided 3imilar services: a) CM'("'¡:¡~í~11 P~ri~h M"~r:rnit:ð ~~"'T""'~' ¡,,'W-.. i""ñ:llrlca.: T,A Tn,-,,¡;:: ~~,...r~cìna f 337-437-3545 b) City of GriO>enVille. Greenvi11~. M~. M:'!y(')'" ];);:'1111 :"r~m"'r"I-F.ñ?-:i78-=.l501 c) City of Jonesboro, Jonesboro,AR, Mayor Hubert Brode11-870-932-1052 4. State the true, exact, oomet and complete D.3.3ne of the partnership, corporation or tr<1d~ uame under which you do busine33. (If c01'poration, state the name of the president and secretary. If a partnership, state the name of all partners. If a trade name, state the . name of the individuals who do business under the trade name). Vp~~nr ni~02~O rQntrQl, Inc. ~obert ~ (Legal Name of Bidder) I.9g' Prl":d de>nt.. M¡: ~t:'h~w T.. r.vans, S~cr~t~ry/Tr~4~u. RevisiQn 10199 AUC- '-'0-\:11 1 S ,,11 FROM, MARTI N COUNTY PURCHA5 I NC ID'5812885414 PAGE 18/26-' '-" ..." (a) The business is a Corporation (Insert form of business entity) (b) The address of the principal place ofbusïness is: 1 P.O. Box 566 Dewitt, AR 72042 (0:) The names of the corporate officers. or partIlers, or :i11dividuals doing business t lmder a tr'4clt: .w:IJJle éU'é <ì.S follows; Robert A. toe, President. Kerry ~ourT'l"'. V;l"'ø-Pr",.::ìÒøn'¡' Matthew L. F.van~. S...crp.t~rv/Tr~a$urQr (d) If a Corporation, attach a copy of the most recent good standi.Dg certificate issued by the Secretary of State of the State of Florida. , Date May 18, 2001 Bidder Vector DiseaDé Contra), Ino:. ! By Mobert A. Loe Title President MailmgAddress P.o. Box 566 Dewitt, ~R 77.047. . END OF BIDDER'S QUALIFICATION QUESTIONNAIRE Must be returned with Bid submittal RoV'i$ion 10/00 AUG-1ø~Ø1 15,22 FROM,MARTIN COUNTY PURCHASING ID,5612S8S414 FAGE 18/26" '-' SPECIFICATIONS FOr AERIAL ADULTICIDING SERVICES MA RTIN COUNTY MOSQUITO CONTROT. ATI'ACEMENT HAlt L Purnose The Martin County Board of County Commissioners is soliciting bids from qualified contractors for furnis.b.iDg Federal Aviation Administration (F.A.A.) approved aircrat1:. equipped for 1.11t.r:'!-low voJume ({1LV) dispersal of in~cirip.!,: t.o ('.ontm1 adult mosquitoes over populated areas within Martin. County. The contractor shall provide aU labor, JJJ.ateriaki, equipment, ~upplie:s, 11lSW-d.Uœ, Uolld.::s, and any other requirements to complete the terms, conditions and speciñcations herein. Any other fees, La. landing and tie down fees, etc., are the responsibility oftha contractor. 1 { 2. TERM OF CONTBACT The initial contract term sb..all be for one (1) year (12 month) period from the date of award. Martin County reserves the option to extend the contract for two additional periods of one (1) year (12 month3) each. , 3. Specifications A The contractor shall pro:vide F.AA approved airc:raft eqwpped with a system capable of d:üspenñng from 1/2 tu 1 .IT. u;¡;;Jac.re or Martia CuUJ.1I..i~::s ch~CèÙ. uf choice, at time of bid (Dibrom). .All aircraft sh.all be licensed to operate over congested areas following all F.A.A. rules and regulations and be capable of treatiDg 16,000 acres :in one eve.ning. f B. The contractor shall provide a description of the aircraft(s) and type of equipment (tanks. nozzles. pumps, etc.) used to disperse the chemicals by the Ultra Low Volume (ULV) method and photo(s) of aircra.ft(s) and equipment to be submitted w:ith bid. C. All aircraft must be in excellent condition with cu.rrent Air Worthiness Cértifi('-3te and li'enp.1"al AviRtirm Arhnini!'rl;ration Certification. C()pie~ of current Air Worthiness Certificate and Federal Aviation AdmiDistration . Certification shall be furnished with biù. Au w.spec!.ioJJ. uf'llil! 1:Ú..r\;.r.ill.( :¡) an.d records by Martin County will be required before acœptanœ of any bid. D. A demonstration of the aù:c:t-aft and spray equipment will be nqu.ired before acceptance of bid. E. Contractor must be available for contact between the hours of 7:00 AM. and 5:00 P.M., seven days a week. The contractor shall have the resources for the 1w......=<.V¡.>.....I1Ul.,.IlJ.cl~.. " ACG-r0~01 15.22 FROM.MARTIN COUNTY PURCHASING PAGE 20/26-- County ~ make personal contact with a co~any rapréSènta.tive within 30 ~17tes of ~e County's first a~pt to notify the contractor of a spray mlSS1on. All aircraft must be operatlonal and available for the dispersal of insecticides in Martin County within six (6) hours of notification. 10.581288541'1 F. Martin County will supply all chemicals to the contractor at the Martin County Mosquito Headquarters located on Whitham Field, Stuart, FL. The contractor will load the chemicals into the aircraft and provide all pumps, coupling devices and special adapters which m.ay be required to transfer the chemicals from storage to tanks on the aircraft. l G. Tbe areas to be treated will be designated by the Mosquito Control Division as well as the time of day the treatment is to be made and qunntitntive amount of acreage to be covered. I H. All aircraft will be required to operate under F.A.A. regulations following all safety regnlations for speed and altitude while applying chemicals at label requi.rem.ents. 1. Evidence of ownership or acceptable lease agreements for all aircraft dp,gcrihed must Iolœnmp~"y bin_ If' t.he contr:actn7' were to use any othex aircraft(s) other than identified in the bid, such substitutioIl3 may only be mad~ ~r !Jrior writttw. IWtice anù a!JµrQval by Martin CoUllty. J J. Martin County reserves the right to employ other aircraft for the Mosquito Control Adulticiding program, if: the contractor's aircrafI; is not airworthy; the spray equipment does not function properly; the aircraft is not available; the pilots do not carry out instructioIl3; or when the County deeo:rns necessary. ~ . K If the contractor fails to provide service under the contract, the contractor ahaU po.y the cost difference if other ~ service shEill be deemed neceasæy by Martin CQunty. ~ L. The contractor will provide a copy of an apprOYed droplet size spectrum. and calibnttion report for each aircraft to·· be used before ~nning any adulticiding treatments ÌJl Martin County. The contJ;acwr shall adhere !.o all instructions listed on the current label of any i:asecticide used in reference to Ultra LJw Volume (ULV) aircraft application. Martin County Mosquito Control reserves the right to request additional droplet me test and recalibration of equipment at the contractors cost at any time during the term. of the contract. . M. Each aircraft must have installed a Global Positioning System (G.P.S.) based electronic guìdnncc :>ystcm. Thí3 oystem muet be able to assi3t in npplying pesticides uniformly within an accuracy of 10 meters, horizontally. The Id.o.ta/ccdlp...,l..dultieO.m.s.aw AÙC~íØ~Ø1 15,23 FROM,MARTIN COUNTY PURCHASING 10,5612885414 PAGE 21/26-- system ~ mclude software within the G.:rl. receiver capable of creating a grid spray area. N. The contractor will provide to Martin C01mty Mosquito Control a flight report specifying the spray height, air temperature. humidity, wind conditions, speed of aircraft, amoWlt of insecticide used, acreage covered. :swath width and colored GPS maps differentiating spray on and spray off within 48 hours after a spray mission. . ~ O. All aircraft and spray equipment s.ha.ll comply with all existing F.A.A. re,.,'-"1.Ùations. The words "MOSQUITO CONTItOL" sha.lI be painted on the bottom of the WÍD.2s for easy public identification from a height of 300 feet. P. The aircrnft; and pilots shnll be properly trained, certified. aDd shcl1 meet o.ll requirements as specified in F.A.A. regulations. Pilots must maintain certification as desc:r:ibed. in Chapter ::S~~ FS and 5E-l:.1-F.A.C. for Aerial Public Health Pest ControL Copy of Pilot's license. Public Health Pest Control license and .Aerial Certiñcation shall be furrlished with proposal I Q. Termination for Convenience: Martin County reserves the right to terrainate the contract to be entered into between the County and any selected contractor in whole Or part by giviT1g writt.en notice $it Ip.ßst thil"ty (30) days prior to efi"ective date of the termination. Upon termination, the contractor shall bill Martin County for all ë:WI.OWlU:i llUI. p.rev.iuusly ùillt:Ù. a.u.d due to contractor at that time. R. HWtorically Ma.rtW. COu:D.ty h3.s treated a rallg'e of 60,000 to 300,000 acres per year. Typically Martin County averages 100,000 to 150,000 acres per year. All quantities are estimates. The contractor shall spray on an as need basis and Martin County will not be held to any ro;TI;mumlm~TÏmum amount of acres treated. The bidder shall designate their bid in costIacre only. S. The following is a treatment cost per acre on an as needed basis for a 12 month contract period. This includes aircraft, pilot. ground crew t;(¡ load, fuel ~nrl all p..xpenn)'lhlM required to perform Aerial Adulticide Services.. Prices shall be based on the accumulative spraying from 0 to 300.000 acres or above during ~ 12 month cuntrd.ckd period. I . 1 ~ l..J..w.udl¡;¢Adulticidm,;.aw AUG~<Ø-Ø1 1$,24 FROM, MARTIN COUNTY PURCHASING 1D,56]2885414 PAGE 22/26-- \.r ...., BID SCHEDULE AIR 227-012 AERIAL ADULTICIDING In accordance with all requirements, as described, we agree to provide the required scrvices to Martin County at the following pricing: J D ·ti C st/ Acre escn:01 on 0 o Lo 100.000 acrei5 in 12 month. contract .55 I .65 with oDtimiJ From 100,001 to 200,000 acres in a 1.2 month. contract .50 / .60 with optimj From 200,001 acres or above in a 12 month. contract .45 / .55 with opti1zÜ zation zation , zation Date May 18,2001 Bidder Location Dewi t t , AR CO!IlpanyNazne Vector Diccacc Contro', T~~ , j Address P.O. ~ox 50Q, Dewitt, AR 7¿Q42 Phone 1-800-413-4445 Company RepreseI1tative Robert A. Loe Name . /(l.:.LUlh:lb41/uu.:d.a.dultic;iQJ.o.c.ðw AUG~10~Ø1 15,24 FROM,MARTIN COUNTY PURCHASING 1D'5812885414 PAGE 23/26-. '-' EXPERIENCE OF PROPO~R DATE OF CON'I'RACT CLIENTS NAME AND ADDRESS MUST INCLUDE NAME OF CONTACT LOCATION &: PHONE ,AMOUNT . OF CON- TRACT I 1995-presen I City of Jonesboro, AR, Ma or Hubert Brodell P.O. Box 1845, Jonesboror, Ai 72403 (870) 932-1052 1998- resen Ci 340 Main Street, (õ62) 378-1501. $300,000 per year t 2001 2715 .~on.;:.~y .Road. Orlando, FL 32839 407 352-4370 . Have you any siT11il:::¡r work in progress at this time? yes/no Length of time in business 10 vears. THIS FORM MUST BE COMPLETED AND RETURNED \VITH BID ,'<J;""",...,..¡;",ud"dilltici~w AUC~1Ø-Øl 15,25 FROM,MARTIN COUNTY PURCHASING IO'S612885414 ....,¡ CO~CTOB'S LIST OF ÁVAllABLE EQUIPMENT FOR MOSQUITO CONTROL AERIAL ADULTICmING PAGE 24/26' MODElIDESCRlPI'ION OF EQUIPMENT YEAR CONDITION -.-. .. , BEECHCRltFT Sf: 18 1957 EXCELLENT PIPER FA 23 - 250 "C" 1968 EXCELLENT PIPER PA 23 - 250 "En 1972 EXCELLENT PIPER PA 23 - 250 IfFn 1979 GOOD I AIR TRACTOR AT - 301 1979 GOOD t COMPANY NAME VECTOR DISEASE CONTROL, INC. BID#AIR 227-01 DATE MAY 18, 2001 Ido.W....d.Ip=...iulti~_aw .iiiiii; == 7 PI oiiE '"""= --- ... .- -- - - -- - - ... . - - ~ - ¡¡¡¡¡¡¡¡¡ ". ~ .=== """"'" AU~~1ø-Ø1 15,25 FROM,MARTIN COUNTY PURCHASING ID'5612885414 C\~:' .y q. :.¡;...J/J. '~jJ- . PAGE 25/26"- AH VVl,;It' '-' Tr.weJenPro~=~ T - WORKER5COMPENSATION AND EMPLOYERS UABIUTY POUCY TYP¡; AR INFORMATION PAGE WC 00 0001 ( A) POUCY NUMBER: (6I<UB-631X759-4-00) NEW-OO INSURER: T}£ "TRAVELERS INJ£1oINITY C(M:1ANY 1. INSURED: VECTOR DISEASE ~Ql INC p 0 SOX 666 DE'WI TT AR 7204:2 NCCI CO CODE: 11 347 PRODUCEf.1: CROSS AGENCY IN<; 712 SOUTH WHITEt-£AO POBOX 650 OEWITT AQ 7204.2 Insured is A CDRPORATION Otherworl< places and identîticatïon numbers are shown in the schedule(s) attached. 2. The policy period Is from 06-04-00 to 06-04·01 12:01 A.M. at the insured's mailing address. 3. A. WORKERS COMPENSA nON INSURANCE: Part One of the paicy ap~ies to the Workers Compen- sation Law of the statê(s) IIsMd hel'ti!· oAR B. EMPLOYERS UABIUTY INSURANCE: Part Two of the policy applies to work In each state listed in item 3.A. The limits of our liabilty under Part Two are: Bodiy Injury by Accident: $ 500000 Each Accident Bodily Injury by Disease: $ 500000 Policy Umit Bodiy Inìury by Disease: $ 500000 Each EmplnYAê C, OTHER STATES INSURANCE: Part Three of the policy applies to the states, ff any, listed here: REFER TO RESIDUAL MARK£T LIMITED Oì}£R STATES INSURANCE E/>iXJRS£M1:NT we 00 03 26 :',; .0;;..... , ......, D. This po/ìcy includes these endorsements and schedules: SEE LISTING Of EfoI)OR$EMENTS - EXTENSION OF INFO ÞAGE The promium for this policy wil be·detormfnQ(! by our Mantral::; of Rules, Cla:ssification$, Rate~ and Rating Plans. All required Information is subfect to vèriflcatlon and change by audit to be made ANNUAl.l. Y . DATI; OF I~UE: 06-23-QO I.C OFF1CE: HAZELWOOD/NeCI 01 I PRODUCER: CROSS AIiENCV INC ST ASSIGN: AR 74GlN AUC-~0-Øl 15'~5 FROM,MARTIN COUNTY PURCHASINC ID'5612865414 PAGE :28/26' ;:'F!CN : CROSs AGeNCY '-" ...., Ft:t<~. = S7æ464êS7 ria..,. 17 ~~~ P3 Oþ~ OLD ltD'tœLXc nr~o <=OMPAN'Y AD.O AÇ 'O:c..xCY J?u.'r I NAJŒI) msuu:n, COVDAGES. Alm L.DaTS POLICY ~'AA 11503 1t!:!ŒJI:u. O];'~ AA 00011502 rr.;x 1. .mS~ r 'n.:CTOR tlISEASE CO!I1TR.aL PO BOX "6 ~TT AR 72042 '1TÞ 2. POLJ:O!' P1UUOD: ; t-WiCH JJ.. 2001 'I'O: MARCH : 01 A. M S"nHDARD 'l'DŒ A'r J:Tmf 3. ~ LZASJ:%. :y CCVIŒI.Œ: Tfie Inwranc:e 01%:0 e:relJ.nder 15 on Y "J-t raSDêct to !:he following ccveragp_q indi~t-.""" h..r.in !:Iy o:t1~nif ~ P=-~~\.1fII C!ha:'<:!_ _ <:J:Ia=go>:. ThQ lilllit: of our liability under ead1 such coverage shall be st:a.ud herein. subje<:t to all d'le c:e...-ms of t:J:e Policy. . ~ t.:Dun:~ (; !'RBMTIJM ¡)ILT Dl'JÐRY LIA8IL!n" $ $ r~Dt:NQmw &. 1!XC:t.DD1NG é:m:M;¡;C1IZ, LUlSILrrY 1!1. PROPUTY rwwm EXCLtlrJI1II'C C!Œl'tIC1IL LIABII.rn c. PASSENGER aeon-y INJURY sxcr..tmING CI-lSMICAL :t.lAsILrrY D. C'aGINm) QOOIL'Y' nl'JtlRy " PROP¡æn 1. 001), 1)00 ~ tWUIGE Laan.xrY: 1!XCLt1DING PAS,SD1GZR, ÀLR~~~~~T'Lr'1'Y PBl! PBR50N ..1m OC~uAA.e:NCE AGGRBaA'1'E PR£H'llJi'! S. LIMIIBD CAL BODILY m.:nmx t.:cAsILITI $ $ $ $ ~. L:tH~ OØMrCAL noPRKrr ~... G. LJ). Ittt:' CHEM:tou, CCto!SIN!]) BODILY INJœY &. I'ROE'ERTY DAMAGE Ii. ro-rPR£HEHSm'tHma:CAL BOnILY :m,MY LIABIl.rl"! ,no,Ooo ~OÒ.Ooo :lOO.cOo ... .. I. '=OHPJ!.EIŒNSIV2 CREMIa.r.. PROP.E:R~ DAMAGE x..n:B:n.J:T? J. caœQ:!IEHSrvs CHEMrQL caœnt'SD 5WILY '!'OTAL~y &; PROPERTY ~ UA!ULI'1'Y .. _ ~ I _ I'I'DI f. ~ â7vzu.GE: ~ Insurance afforded he:'eunde;r is only with respect: to t:.h. tollowing coverages indicated herein by specific premiUIII charges or c."l&rges. The limi:; of cur liability undl'!" A<'!t'!h "tJ/":n ,.."v..~"'~ IJh~]l be s:t:<!o.ted ~.~. &~::iec~ to ;all the I:~ of the col:j.ev !(. Jl.LI. RISKS ifHJ:LB NOt' IN MOtION' 100,000 zoo,ooo ;:... ALL RISXS WHILE 1JO'1' IN MOTION" & IN MOnœ $ $ 'I'Q't"AL P1IYSIc:AL DAKASE ~~ ~ I Ii'æI s. £rmOUEJŒU:r.s ~ A% DfCJŒ'r.ICK ØD~~. ITa . A.BU,U.--nÏ'ri~R' s ]!I. :n. M ('1':1'rIRTlfiU) LIMIT BODILY INJURY.. PROP:sRn DAMIIGE s uxrrs..07 LXJUI:c:.rn- "2R A $ 1,000,000 S PRI!MTT%oI $ N. BODrLY nl-'tlnY LZABILrrY ~~EitTY J:)JlMÄG1! LI~ ' ~,¡u, poLzer 11, ~ .'\A.500 (11/'51