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Home My WebLink AboutAgenda Packet 01-08-02 '-' ," '-' JANUARY 8, 2002 "" 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGE1\íDA 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 indi\idually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone vvishing 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 backLlp material, please haye 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 COMIvŒNT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 AM., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone \vith 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. '-' ....,¡ \If\ovw.stlucieco.gov John D. Bruhn Doug Coward Paula A. Le"is Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMI5SI0NER~ AGENDA january 8, 2002 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE ,1. MINUTES Approve the minutes of the meeting held December 18, 2001. aw~ 2. PROCLAMATIONS / PRESENTATIONS / ANNOUNCEfI¡ffi',-rS " A. Resolution No. 02- 06 - Proclaiming the week of january 20,2002 through january 27,2002 as "jazz Week 2002" in St. Lucie c0tf1()P81&W B. Announcement / There will be a public workshop on the I\lanatee Protection Plan on january 15, 2002 at 4:00 pm in the Commission Chambers. C. Announcement / There will be a j oint Meeting \\ith the City of Port St. Lucie on March 14, 2002 at 3:30 pm in the Commission Chambers. D. Announcement / The following public workshops have been scheduled for the Community Parks System Master Plan: january 8, 2002 5:00pm to 7:00pm Fort Pierce library 101 Melody Lane, FP january 8, 2002 7:00pm to 9:00pm SLC Commission Chambers 2300 Virginia Ave, FP january 9,2002 5:00pm to 7:00pm White City Improvement Club 1006 W. Midway Rd. January 9,2002 7:00pm to 9:00pm Morningside library 2410 SE Morningside Blvd, PSL january 10, 2002 7:00pm to 9:00pm Lakewood Park library 7605 Santa Barbara Dr., FP NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boari) at these meetings will need a record ofthe proceedíngs and for such purpose may nee(l to ensure that a verbatim record of the proceedings is made. Upon the request of any partv to the proceedings, individuals testifying during a hearing will be sworn in. Any paI1)' to the procffifmgs' will be granted tòe opportunity to cross-examine any individual testifying during a hearing upon request. Añyone with a disability requiring accommodation to attend this meeting should contact the SI. Lucie County t:ommunity Services Manager at (561) 462-1777 or TDD (561) 462-14Z8 at least forty-eigbt(48) hours prior to the meeting. '-' 'WI REGULAR AGENDA JANUARY 8, 2002 PAGE TWO 2. PROCLAlvLA.TIONS / PRESENTATIONS / ANNOUNCEMENTS (CONTINUED) E. Announcement / There will be a Port Workshop with the City of Fort Pierce on january 29, ~OOf from_ 2_:0p PJIl ,to jþ:OO pm in the Commission Chambers. WI U æ-- fe:sct1ro.l..tUDL F. Announcement / The Board of County Commissioners will hold a Strategic Planning Session at 9:00 am on February 1,2002 at St. Lucie West Country Club in Port St. Lucie. 3. GENERAL PUBUC COMMENT 4: CONSENT AGENDA 1ftuLu.<1 C ,ltA--q.- &qk Ap~ro{ed J b l.J PUBUC HEARINGS 5A. There are no public hearings scheduled for january 8, 2002. End of Public Hearings D!!12Uß or..... 6. PURCHASING B. RFP No. 02-016/ Lakewood Park Field Renovations DesignjBuild - Consider staff recommendation to award the RFP to Recreational Design & Construction, Inc., in the amount of $181,500, and authorize the Chairman to sign the contract as prepare~bY the County Ntorney. 11'À~ r dJA ftPproJ{d..2)- nufc/u17SCr7:.n/I/14 -II() Legal Advertisements - Consi r staP;eco~endation to {approve the amendment to the agreement with Scripps Treasure Coast Publishing Company, reducing the advertising rate from $0.59 to $0.27 per line inch, and authorize the Chairman to sign the amendment as prepared by the County AIt~?p ro J~ &- A. '-' '-' REGULAR AGENDA JANUARY 8, 2002 PAGE THREE 7. ADMINISTRATION 8. A. Committee Appointments -Each Commissioner that has vacancies on various committees, \Jill be given t;heßppor,unity to fill those vacancies. (j¥JP{()¡"¿C) ~-O ) B. Bi-weekly Committee Jtéports - The Board will give updates on the various commit~)es. f11d advi~o_ry boards that they serve on. Ó1V~~ ~1)rtS Cì\Um c. Indian River Lagoon - South Feasibility Study Report / County Comments - Consider staffrecommendat. ion to. fan. var. d. final comm e.nts to th~.S. AImy /.d !Yo'! Corp~ of ~gineers tOf ~clusion1wit~n ,the finaþ rep,ort. ~ uJ; /f/ ¡)o/fr¡ -'U/JjJfJV'f(]!J-O /))( 111tf(jJf1i(j addlnû/JcJ.L L¡1/!J. / ~y;'tY-C- 2 cj COUNTI ATTORNEY Lé-l-ler êørœl7lS Æ;¡Æq¡i;h A. Parcel Purchase Contract - Consider staff recommendation to approve the ~ contract to purchase a 12.32 +/- acre parcel from Atlantic Gulf Communities along the North Fork of the St. Lucie River, authorize the Chairman to sign the contract and addendums, and direct staff to proceed with closing upon the County Attorney's. app..p r~val of the due diligence of this property. Jr;Jprdv-cd - (ló/Lfrdcr'r'k'71l11lj þ/eín.t!5----() B. Indian River Estates Stormwater Retention Project / Bunting Parcel - Consider staff recommendation to approve the Contract for Sale and Purchase, authorize the Chairman to execute the agreement, and direct staff to close the transaction and record the d~cument in the Public Records of St. Lucie County, Florida. t1p or cJ"¡ecf;J C. Resolution No. 02-22/ North Hutchinson Island Water and Sewer System Revenue Bonds, Series 2001 - Co?J¡ider staff recommendation to adopt the resolution as drafted. ftp(X00f-eD!... D. Resolution No. 02-21 / Florida Local Government Investment Trust - Consider staff recommendation to ~ove the resolution. MANAGEMENT AND BUDGET ftpPrDJ 9. Auditor Selection Committee - Consider staff recommendation that the Board advise the constitutional officers of the fact than auditor selection committee be established in accordance with Florida Statutes, and that the Board designate an individual to represent them on the Auditor Selection Committee. ApprOVe) - dt'Plgrnk (Jt)fM} /:rJ¡/JV """ CONSENT AGENDA Tanuarv 8. 2002 """ 1. W ARRA¡\!TS LIST Approve warrants list No. 12 through No. 14 2. PARKS & RECREATION A. Interlocal Agreement between St. Lucie County and the St. Lucie County Fire Department - Consider staff recommendation to approve the agreement for emergency medical services at the St. Lucie County Sports Complex and authorize the Chairman to sign the agreement. B. Bid No. 02-003 / Cleaning Services for Thomas j. White Sports Comple:x - Consider. staff recommendation to award the bid to Building Services Industries, LLC, approve the contract as prepared by the County Attorney, and authorize the Chairman to sign the contract. C. Equipment Request No. 02-175 - Consider staff recommendation to approve the equipment request for the purchase of a Kronos timeclock in the amount of $2,629.25 to be utilized by Parks Maintenance personnel. D. Lawnwood Sports Complex and Elks Park Improvements - Consider staff recommendation to approve the contracts with Adron Fence and Andy Edwards Roofing in the total amount of $12,992, as prepared by the County Attorney's office, and authorize the Chairman to sign the contracts. E. Resolution No. 02-03 / Fees for St. Lucie County Marine Center - Consider staff recommendation to approve the resolution amending certain admission and building rental rates. F. Resolution No. 02-04 amending Resolution No. 00-83 / Lending of County Equipment - Consider staff recommendation to approve the resolution amendment regarding the mobile stage. G. Equipment Request No. 02-182 / Starting Platform - Consider staff recommendation to approve the equipment request for the purchase of a starting platform for the Port St. Lucie pool in the amount of $1,300. H. Amendment to Facilities Use Agreement - Consider staff recommendation to approve the amendment to allow the New York Mets to assume responsibility of the souvenir/retail operations for the 2002 season at Thomas ]. White Stadium, and authorize the Chairman to sign the amendment. 3. PURCHA.5ING A. Bid No. 02-015 / Enhanced Swale Maintenance - Consider staff recommendation to award the bid to CEM Enterprises, Inc., at the unit prices bid, and authorize the Chairman to sign the contract as prepared by the County Attorney. '-' CONSENT AGENDA JANUARY 8, 2002 PAGE TWO "wi 3. PURCHASING (CONTINUED) B. Bid Waiver and Piggyback Indian River County Reinforced Concrete Pipe Bid No. 4016 - Consider staff recommendation to approve the bid waiver and piggybacking of Indian River County Bid No. 4016 Annual Bid for Reinforced Concrete Pipe through the term of the contract. C. Resolution No. 02-08 - Consider staff recommendation to adopt the resolution amending the County's Purchasing Manual to amend the upper limit for Purchase Order Contracts to SI0,000, and authorize the Chairman to sign the resolution. D. Rental of Color Copier for the Materials Center - Consider staff recommendation to approve the request and authorize the Chairman to execute the rental agreement. E. Bid No. 02-014 / Equipment Request NO. 02-1611 Trailer Mounted Sewer Cleaning Systems ~ Consider staff recommendation to award the bid to Southern Sewer Equipment Sales, Inc., in the total amount of $59,444, and approve the equipment request for the purchase. F. Bid No. 02-0181 Concrete, Culvert and Asphalt Installation - Consider staff recommendation to award the bid to South Florida Concrete Service, Inc., at the unit prices bid, and authorize the Chairman to sign the contract as prepared by the County Attorney. G. Budget Amendment No. 02-117 / Equipment Request Nos. 02-178, 02-179, 02-180, and 02-181 / Purchase of Pipe Handling Equipment - Consider staff recommendation to approve the budget amendment and equipment requests to purchase pipe handling equipment in the total amount of $15,500. H. Bid No. 02-010 / Research Center Road Landscaping - Consider staff recommendation to reject the bid, revise the specifications, and re-advertise the bid. 1. Bid No. 02-017 1 Equipment Request No. 02-0211 Purchase of One-Ton Step Van - Consider staff recommendation to award the bid to Don Reid Ford in the amount of $29,855, and approve the equipment request for the purchase. ]. Bid No. 02-023 / Equipment Request No. 02-0301 Purchase of Cab & Chassis with Contractors Dump Boy - Consider staff recommendation to award the bid to Gator Ford in the amount of 532,579, and approve the equipment request for the purchase. '-' '-' CONSENT AGE\[DA JANUARY 8, 2002 PAGE THREE 4. INVESTMENT FOR THE FUTURE South 25th Street Phase II Mitigation Monitoring - Consider staff recommendation to approve the work authorization with R.L. Weigt Environmental Consultants, Inc., in the amount of $41,455 through September, 2005, and authorize the Chairman to sign the agreement. 5. ADÌ\IINI5TRATION Budget Amendment No. 02-116/ Equipment Request No. 02-176 - Consider staff recommendation to approve the budget amendment and equipment request for the purchase of a dual video deck and monitor from G&G Technologies in the amount of 51,477 to be used by the Media Specialist for producing video productions. 6. CENTRAl SERVICES (¿) r "7~ p(lD\ --\DM~' B. Administration Building Construction Project Consider staff recommendation to approve the work authorization for Edlund & Dritenbas in the amount of $176,308, and authorize the Chairman to sign the agreement as prepared by the County Attorney. Burns International Contract No. 00-10-200 Extension - Consider staff recommendation to approve the one year extension. 7. tvLt.\1'\AGEMENT AND BUDGET A. Budget Resolution No. 02-07 / Correction of Scrivener Error in Budget Resolution No. 01-296 and 01-297 - Consider staff recommendation to approve the resolution to correct the fund numbers. B. Budget Resolution No. 02-02/ Zora Neale Hurston Dust Track Heritage Trail Project - Consider staff recommendation approve the budget resolution to establish the increased budget for the Cultural Affairs Council donation in the amount of $600. C. Budget Resolution No. 02-09 / Derelict Vessel Removal Grant Award - Consider staff recommendation to approve the budget resolution to appropriate and expend the funds from the Florida Fish and Wildlife Conservation Commission (FFWCC) in the amount of $2,200. D. Budget Resolution No. 02-20/ Metropolitan Planning Organization (MPO) Section 5303 Grant (formerly Section 8) - Consider staff recommendation to accept the grant award and adopt the budget resolution establishing the increased budget and direct staff to proceed 'with the necessary steps to complete its processing. ........ . . CONSENT AGENDA JANUARY 8,2002 PAGE FOUR "WI 8. COUNTY ATTORNEY c9 ()~(~ ~ 1{í~\1{ B. Resolution No. 02-11, 02-12, 02-13, 02-14, 02-15, 02-16, 02-17, 02-18, and 02-19/ Public Utility Easements for Water Facility Improvements - Consider staff recommendation to accept the easements, and authorize the Chairman to sign the resolutions, and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Partial Release of Lien for S1. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case No. 6622 - Consider staff recommendation to authorize the Chairman to sign the Partial Release of Lien. c. Ordinance No. 02-01 / Caribbean Fruit Fly Host Plants - Consider staff recommendation to grant permission to advertise the ordinance as drafted. 9. INFORMATION TECHNOLOGY HTE, Inc. Support Services Agreement - Consider staff recommendation to approve the agreement effective October 1, 2001 through September 30, 2002 in the amount of $54,125, and authorize the Chairman to sign the agreement. 10. PUBLIC WORKS A. Road & Bridge / Resolution No. 02-10/ USl & Indrio Road Improvements - Consider staff recommendation to adopt the resolution authorizing the Chairman to sign the joint Project Agreement (JPA) with the Florida Department of Transportation (FDOT). B. Code Enforcement /Equipment Request No. 02-093 and Equipment Request No. 02-094 - Consider staff recommendation to approve the equipment requests for the purchase of two network laser printers that were previously priced at 51,447, however that printer is discontinued. The new cost is $2,098.98 each. Additional funding is available from savings on vehicles purchased at a lower cost than originally budgeted. 11. COMMUNITY SERVICES Resolution No. 01-05 - Consider staff recommendation to approve the resolution in support of the "Elder Ready Florida" initiative, and authorize the Chairman to sign the resolution. John D. Bruhn District 1 \..- ST. LUCIE COUNTY '-' EROSION DISTRICT BOARD OF COMMISSIONERS Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 January 8, 2002 MINUTES r= Approve the minutes of the meeting held December 11, 2001. ...A1J ¡Jr~r;::/' GENERAL PUBLIC COMMENT I I r 1. 2. AGENDA CONSENT AGENDA 1. WARRANTS LISTS ffl{ìMV Approve Warrants List No. 11 through No. 14 2. PUBLIC WORKS A. Fort Pierce Beach Project ¡'\-ork Authorization No.6 (C-00-12-181) - Consider staff recommendation to appro\-e the work authorization for engineering design and environmental permitting services vvith Taylor Engineering, Ine. in the amount of $207,657.9~, ançj. ~h9riz¡e tl1~Chaiç:an to exeç~~ th~e WOrkl\.Nthlr·zation. mW( tV vÎOlcx D( On Cc5T-t)t)i VIJU111l/ · Marlowe & Company ontract Extensi n - Consider staff commend ion to extend the contract for the period beginning January 1, 2002 and ending December 31, 2002 for a flat monthly fee rate of $2,500 ($30,000 total, which includes professional services and out-of-pocket expenses, to continue coordinating beach efforts in Washington, D.C. and vvith the U.S. Army Corps of Engineers, and authorize the Chairman to ~'Xecute the contract. B. c. Fort Pierce Inlet / Work Authorization No. 7 (C-0012-181) - Consider staff recommendation to appro\·e the work authorization to provide a feasibility study for sand bypassing with Taylor Engineering, Inc. in the amount of $137,966, and authorize the Chairman to execute the work authorization. D. Shoreline Stabilization at South Causeway Island / Amendment No.1 to Work Authorization NO.5 (C-00-12-181) - Consider staff recommendation to approve the amendment vvith Taylor Engineering, Inc. to increase the amount of compensation by $3,934 for additional services, and authorize the Chairman to execute the amendment. 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. indi\iduals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone \\ith a disability requiring accommodation to attend this meeting shoLÙd contact the SI. Lucie County Community Services Manager at (561) 462- 1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-" '-' ADMINISTRATION ~ ct ^ ~µ .¡- ~ 0 '-J)~ ~ ~ \ ~ JJ Jv \ C oÎ' c:¿r;{ ~ dIn//' t C L7rV J XV . /~ '" ~ ~ro'7 ~~~. ~. . R -A. 1 2002 Joint Legislative Platform / State Tax Reform Commissioner Coward has requested Board discussion on this item. j.L ùCCM9 uJQfW Geftrd ()ÙJj~( 0 t cUI ~ (JyLt Q, rl FUI fd¡Cl~1~3øItU% fJ))¡(!9ò If crr/áJ l'c ftJ1. ÛJyJIJ1) ~ 0-1 ~(¿~ BOARD OF COUNlY COMMISSIONERS ADDITIONS AGENDA January 8. 2002 ?IC1dú.r ~ri!iLJÎhhúh - PtL{¡(j r ý¿¡J I (2 2 ~ ~ 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 St. Lucie County Community Services Manager at (561) 462-1777 or TOD (561) 462~1428 at least forty-eight(48) hours prior to the meeting. , C~Vjti~~ W' I) c?JQVìlib.'ð 8\o.J. þ10W ~ ~ {lP{JJt !4l .~ '-" ...., BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: December 18,2001 Convened: 7:00 p.m. Tape: 1-2 Adjourned: 9:00 p.m. Commissioners Present: Chairman, Doug Coward, Frannie Hutchinson, Cliff Barnes, .Iohn D. Bruhn, Paula Lcwis, (abscnt) Others Present: Doug Andcrson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Ray Wazny, Public Works Director, Bill Blazak, Utilities Director, Paul Phillips, Airport Director, Beth Ryder, Community Services Director, Dennis Murphy, Asst. Community Development Director, Dennis Wetzel, IT Director, Don Wcst, County Engineer, Dennis Grimm, Code Compliance Managcr, Sheriff Mascara, A. Millie Dclgado, Deputy Clerk ' 1. MINUTES (1-029) It was moved by Com. Bruhn, seconded by Com. Barnes, to approve the minutes of the meeting held December 11, 2001; and, upon roll call, motion carried unanimously. 2, PROCLAMATIONS/PRESENT AnON A. Christmas Remembrance- Sue Munyon and the 4-H Club presented the Board with their Christmas Remembrances. B. Elder Ready Communities Overview Program/Madeline Smith Director of External Affairs for the State of Florida Department of Elder Affairs. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to direct staff to draft a resolution and bring it back for Board approval; and, upon roll call, motion carried unanimously. C. Announcement- The December 25,2001 and the January 1,2002 BCe meetings have been cancelled. D. There will be a public workshop on the Mánatee Protection Plan on January l5, 2002 at 4:00 p.m. in the Chambers. 3. GENERAL PUBLIC COMMENTS . Ms. Rona Perry, White City Improvement Club, thanked the Board för their help in preserving the Rasmussen House. Ms. Perry presented the Board with a check in the amount of$600. from the White City Improvement Club to be utilized towards the restoration of the house. 4. CONSENT AGENDA It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the Consent Agcnda with itcm C-3C pullcd; and, upon roll call, motion carricd unanimously. 1. WARRANT LIST The Board approved Warrant List No. 11. 2. PUBLIC WORKS 1 """ ..."" A. Enginccring/Smallwood MSBU Potable Water lmprovemcnts-FPUA Permission to Advertise- The Board approved advertising the initial public hearing to be held on February 5, 2001 at 7:00 p.m. or as soon thereafter as possible. B. EngineeringlRiver Branch Estates MSBU Potable Water Improvements-PSL Permission to Advertise- The Board approved advertising for the 2nd Public Hearing to be held on January 15,2002 at 7:00 p.m. or as soon thereafter as possible. C. South 25111 St. Landscaping Project- The Board approved the Consultant Agreement with Houston Cuozzo Group Inc., and authorized thc Chairman to sign the agreement. Com. Coward questioned how this project would be handlcd. The County Engineer stated the plan will be brought back befoæt~e Board at the January 15,2002 meeting at this meeting staff will ask the Board if there are any changes or revision they wish to have done to this plan. The contract agreement before the Board tonight will prepare the necessary documents to get the project ready. They will circulate copies of the drawings prior to the meeting. Their plan is to have the plan ready by February and commence construction in April. D. Civil Engineering and Project Management Services- The Board approved the Consultant Agreement with Warner Globa] Consulting Services, ]nc., and authorized the Chairman to sign the agreement. 3. PARKS AND RECREATION A. Interlocal Agreement Amendment/City of Port St. Lucie for Traffic Security at the St. Lucie County Sports Complex- The Board approved the amendment and authorized the Chairman to sign the amendment. B. Golf Course Parking Lot and Cart Path Repairs- The Board approved the Clay's Asphalt Contract Amendment and approve additional funds in the amount of $2,328 for a total contract cost of $22,054. C. Budget Amendment No. 02-109- This item was pulled.. D. Marinc Centcr Starling/Reclassification No. 021-023 & 02-024- The I Board approved the rcclassifications to convert two part time temporary positions to two part time positions with limited benefits. E. Parks Referendum Update/ Community Parks System Master Plan Update- A written copy of the report has been fo~arded to the Board. 4. PURCHASING A. Bid No. 02-007/Re-use Recycle Disposal of End of Life Electronics- The Board approved awarding the bid to the low bidder Recycling Concepts, L.L. C at the unit price bid and authorized the Chairman to sign the contract as prepared by the County Attorney. B. Agreement Extension with Gee and Jensen Engineers-Architects-Planners, Inc., The Board approved the final one year option for an extension and authorized the Chairman to sign the extension. C. Bid No. 02-009/Traffic Barrier and Guardrails at Box Culvert for Shinn Road Canal No. 58- The Boarc\ approved additional project funding in the amount of $15,234 for a total project budget of $60, 134 transfer the additional funds 2 i2/14!01 F7.ABWARR FUND 001 001140 001143 001259 001261 001269 001809 101 101001 101002 101003 101006 102 102001 102104 105 107 107001 107002 107003 121 - Î )121 140307 145201 145815 160 183 183001 183002 183004 185002 242 301 310002 316 316001 389 401 418 421 441 448 451 461 471 478 .491 505 505001 606 611 625 '-' ST. LUCIE COUNTY - BOARD DATA ...., WARRANT LIST #11- 08-DEC-2001 TO 14-DEC-2001 FUND SUMMARY TITLE General Fund Section 112/MPO/FHWA FY01/02 Health & Human Srvcs CSBG FY01/02 . Emergency Mgmt. Prep & Asst. FY 00/ South County Stadium FDEP-Urban Mobile Lab Grant 01/02 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinator Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Blakely Subdivision Fund Port ~ Airport Fund FAA Taxiway A-3, Airfield Signage Const. Parking Apron#405823-1-94-01 FCT- Pepper Park Addition SFWMD IRL 2001 License Plate Grant Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court SHIP Housing Assistance FY 01/02 Port I&S Fund So. County Regional Stadium Impact Fees-Parks County Capital Transportation Capital Rouse Road MSBU Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities Renewal & Replacement Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewa1 & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fun~ Shared Pool Cash-Property Appra~ser Tourist Development Trust-~dv Fund Law Library GRAND TOTAL: '. EXPENSES 199,657.34 65.56 22.71 4,119.72 1,918.00 10.85 12.27 236,249.62 160.55 749.00 7,052.17 58,103.11 25,330.33 963.74 1.42 1,786.95 2,873,494.16 7.70 1,182.15 10,985.22 68.94 1,706.50 220,887.08 90,126.07 7,578.94 3,828.36 10,955.69 1,683.04 343.22 50.00 115.86 15,023.10 212,001.28 23,539.52 11,106.31 8,178.89 228,459.00 987.45 97,238.60 41,941.10 94.26 12,650.42 4,769.47 2,681.40 26,079.00 24,710.34 392.70 3,789..76 502.54 201,576.67 25,121.42 100,000.00 3,238.94 12,081. 63 4,815,380.07 PAGE 1 PAYROLL ... 24,110.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,424.78 0.00 0.00 0.00 0.00 31,534.78 ~ "wtII into the project and award the bid to the low bidder, CEM Enterprises, Inc., in the amount of$52, 395. D. Extension of Agreement with Hazen & Sawyer P.C. - The board approved the final one year option for an extension and authorized the Chairman to sign the extension as prepared by the County Attorney. 5. COMMUNITY DEVELOPMENT A. Resolution No. 01-309~ The Board approved the resolution supporting A-I Trusses application for the Qualified Target Industry Tax Refund Program including financial support through the Job Growth Investment Grant Program. B. Resolution No. 01-235/PGA Learning Center at PGA Villages at the Reserve - The Board approved the resolution granting Major Adjustment # 2 to the approved Site Plan, and authorized the final processing of the first Replat of PGA Commerce Center at the Reserve. 6. ADMINISTRATION Florida Grapefruit League Association Dues- The board approved moving the funds from available reserves in the Sports Complex Fund to pay the annual dues. " 7.. COUNTY ATTORNEY A. Resolution No. 02-01- Revised Guidelines-Industrial Development Revenue Bonds/Permission to Advertise- The Board approved advertising a public hearing on January 15,2002 at 7:00 p.m. to consider whether to adopt the resolution. B. Weekend Work Program/Second Amendmcnt to March 4, ] 997Interlocal Agreement with the Sheriff- The Board approved the amendment and authorized the Chairman to sign the amendment. C. S1. Lucie County Agape Senior Center, Inc.- The Board approved the proposed Third Amendment to the December 16, .1975 Lease Agreement and authorized the Chairman to sign the amendment. D. County Owned Beach Property- The Board approved not selling the property and directed the County Administrator to notify Mr. Cowles of the Board's . . I posItIOn. E. Bell South Business Services Master Agreement- The Board approved the agreement and authorized the Chairman to sign the agreement subject to final review ancl approval by the County Attorney. 8. COMMUNITY SERVICES I{usollltion No. () 1-315/ Appl ¡cation ror thu 200 I /200 I U.S.C. 5307 Fudural Transit Administration Grant - The Board approved the resolution and grant application and approved the 10% mateh of $11 ,500 for rolling stock, accepted the grant and authorized the Chairman to sign all documents necessary after award ofthe grant. 9. PUBLIC SAFETY Equipment Request No. 02-174/and Budget Amendment No. 02-115- The Board approved the equipment request and budget amendment in the amount of$37,581.50 for the purchase of a hardware upgrade for the AS400. 10. AIRPORT 3 '-' ...." A. Design and Constmction of Airport Industrial Park West at S1. Lucie County International Airport- The Board approved accepting the Florida Department of Transportation Joint Participation Agreement and authorized the Chairman to execute the JP A and Resolution NO. 01-319, authorizing the Chairman to sign the agreement. B. Industrial Park West Project at S1. Lucie County International Airport- The Board approved Work Authorization No. 17 with Williams Hatfield and Stoner in thc amount of$350,61 0 for soil tests, surveying platting, wetland delincation, sit dcsign, access road, stormwatcr design, watcr and sewer dcsign, permitting, signagc, landscaping, lighting and irrigation. C. Position Reclassification- The Board approved reclassifying a part time . temporary position to a part time position with limited benefits. 11. UTILITIES North Hutchinson Services Agreement of Purchase and Sale Closeout Agreement- The Board approved the advanced payment to Dodi Development LLC, in the amount of $575,257. REGULAR AGENDA 5.A '- COMMUNITY DEVELOPMENT Ordinance No. 01-003- Statewide Building Code- Consider staff recommendation to approve the ordinance which provides for the adoption of the Statewide Building Code as described in Chapter 553.70, Florida Statutes, and as published by the State of Florida Department of Community Affairs and the Standard Unsafe Building Abatement Code, 1997 edition, promulgated by the Southern Building Code Congress International, Inc. (2"d Public Hearing). The Asst. Community Development Director advised the Board of the change regarding the effective date. The effective date of the Florida Building Code will now be March 1, 2002 with the exception ofthe swimming pool regulations which will take effect on January 1, 2002 as well as the adoption of wind speed ordinances which are required to take effect on January I, 2002. It was moved by Com. Bruhn, seconded by Com. Barnes, to approve Ordinance No. OI- 003 as amended; and, upon roll calI, motion carried unanimously. I B. Palm Breezes ClublPreliminary Planned Unit Development- Consider staff recolllmcndation to continue until January 15,2002 at 7:00 1'.111. or as soon thereafter as possible. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to con~inue this hearing on . January 15,2002 at 7:00 p.m. or as soon thereafter as possible; and, upon roll call, motion carried unanimously. 8. ADMINISTRA TION- S1. Lucie County Drug Court Program- Consider staff recommendation to approve the criteria for funding programs out of the Drug Abuse Fund (Fund 109) and approve an amount not to exceed $5,000 based upon a direct bill of services, to fund the St. Lucie county Adult Drug Court Program from Fund 109 for the 2001-2002 Fiscal Year. Judge Kanarack and Judge Levin made a presentation to the Board requesting support for this program. It was moved by Com. Bruhn, seconded by Com. Barnes, to approve staff recommendation; and, upon roll call, motion carried unanimously. 4 '-' "wi Weed and Seed Funding Request ($61,848.85) - Consider staff recommendation that the funding for this program, if approved, be allocated from the Law Enforcement Trust Fund. Ms. Rae Pike addressed the Board on this request. Mr. Jim McAdams, US Attorney's office, addressed the Board in support of this program. Sheriff Mascara was present to address any questions the Board may have. Com. Bruhn advised the Board of his position on the Steering Committee and advised those present that he would be abstaining. It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve staff recommendation; and, upon roll call, motion carried unanimously. G. INVESTMENT FOR THE FUTURE (2-0281) Utilities/North Coun~y Utility District Feasibility Study- Consider staff recommendation to approve the work authorization with LBF & H in the amount of$102,000 to perform a feasibility study, and authorize the Chairman to execute the agreement as approved by the County Attorney. '" It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY A. Pepper Park Addition/Option Agreement for Sale and Purchase- Consider staff recommendation to approve the agreement for Parcel F, authorize the Chairman to execute the agreements, and direct staff to close the transactions and record the documents in the Public Records of St. Lucie County, Florida. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimQusly. B. Resolution No. 01-248/Economic Development Ad Valorem Tax Exemption- Considcr stafr rccommcndation to adopt the resolution as draftcd. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve Resolution No. Ol-248; and, upon roll call, motion carried unanimously. C. Resolution No. 01-316/ Hutchinson Island Water and Sewer $ystem Revenue Bonds Authorizing the issuance of Bonds- Consider staff recommendation to adopt the resolution as drafted. It was moved by Com. Bruhn, seconded by Com. Barnes, to approve Resolution No. 01- 31 G; and, upon roll call motion carried unanimously. D. Resolution No. 01-317- North Hutchinson Island Water and Sewer System Revenue Bonds- Consider staff recommendation to adopt the resolution as drafted. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve Resolution No. 0] -317; and, upon roll call, motion carried unanimously. E. Resolution No. 01-318- Solid Waste System Revenue Bonds/Amending Provisions of "Flow of Funds" - Consider staff recommendation to adopt the resolution as drafted. 5 ~ '-' . - It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve Resolution No. 01-318; and, upon roll call, motion .carried unanimously. F. Parcel Purchase Contract- Considcr staff recommendation to approve the contract to purchase a 12.32 +/- acre parcel from Atlantic Gulf Communities along the North Fork of the St. Lucie River, authorize the Chairman to sign the contract and addendums, and direct staff to proceed with closing upon the County Attorney's approval of the due diligence ofthis property. ** It was the consensus of the Board to pull this item and schedule it to be re- heard on January 8, 2002. There being no further business to be brought before the Board, the meeting was adjourned. Chaim1at1 Clerk of Circuit Court '" 6 FLORIDA SCHOOL BOARD ASSOC ¡; 9044142585 01/02/02 18:21 CP :04/04 NO:480 .....J '-' ~ 'iØ~'Aiål'Y q,. ~.. ß Q C 1. ~ ~ . .i" .... . I.O.IIM L.r.A(;(IF. (JI' <:rll.~". '\Ie P~t Offlce Bo), 549 Tal/aha.see, FlorIda 32302 (850) 922-4300 Post otftc:e 8Q,I( 1757 Tallah.asa~e. Florida 32302-1157 (8ðO) 222·'.84 203 South Monro. StNet T.II.h...... Florfd.32301 (81O) 414.2578 2002 JOINT LEGISLATIVE PLATFORM The Florida Association of Counties, the Florida League of Cities and the Florida School Boards Association believe that the best form of government is the government that is closest to the citizens - local government. Our associations have re-affirmed their commitment to strengthen local governments. Consistent with our collective vision and through adoption of this joint legislative p/atfonn, we stand in partnership to empower local decision making so that local elected officials can effectively address the challenges facing Florida's diverse communities. STATE TAX REFOIßf SUPPORT efforts to reform and simplify the state and local tax system that result in a long-term sustainable tax structure. No additional tax cuts should be implemented until this reform is achieved. Such tax reform should include the following principles: >- Competitive neutrality - establishes a tax system that does not discriminate among products and services or create economic advantages among competing industries. y Tax fairness - establishes a tax system that treats taxpayers in a similar and fair manner. );. Stabilization - establishes a tax system that produces revenues in a stable and reliable manner that is sufficient to fund appropriate governmental functions and expenditures during both good and bad economic times. ,.. Simplification - establishes a tax system that provides uniform definitions for taxable goods and services for state and local taxes. ,. Revenue capacity - preserves the existing revenue capacity of countìes, municipalities and school boards. '-' .., JANUARY 8, 2002 .9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA VVELCOME 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 \liB 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. PUBUC 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 ,vill not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone vvishing to speak to come forward, one at a time. Comments ,vill be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. t-.IEETINGS- 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 othenvise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' . ....J 'Vvww.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 AGEI\TDA january 8, 2002 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held December 18, 2001. 2. PROCLAMATIONS / PRESENTATIONS / ANNOUNCEMENTS . A. Resolution No. 02- 06 - Proclaiming the week of january 20,2002 through january 27, 2002 as "Jazz Week 2002" in St. Lucie County, Florida. B. Announcement / There will be a public workshop on the Manatee Protection Plan on january 15,2002 at 4:00 pm in the Commission €hambers. C. Announcement / There will be a joint Meeting with the City of Port St. Lucie on March 14,2002 at 3:30 pm in the Commission Chambers. D. Announcement / The follo'V'ving public workshops have been schecK1.letl for the Community Parks System Master Plan: january 8, 2002 5:00pm to ï:OOpm Fort Pierce library 101 Melody Lane, FP january 8, 2002 ï:OOpm to 9:00pm SLC Commission Chambers 2300 Virginia Ave, FP january 9, 2002 5:00pm to ï:OOpm White City Improvement Club 1006 W. Midway Rd. January 9,2002 ï:OOpm to 9:00pm Morningside library 2410 SE Morningside Blvd, PSL january 10,2002 ï:OOpm to 9:00pm Lakewood Park library 7605 Santa Barbara Dr., FP NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedmgs and for such pUrPose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any partY to the proceedings, individuals testifying during a hearing will be sworn in. Any paJ1y to the proceedings· will be granted tl1e opportunity to cross-examine any indivIdual testifying during a hearing upon request Añyone ~ith a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1418 at least forty-eight(48) hours prior fo the meeting. '-' '-" REGULAR AG PAGE TWO 2. ¡PROCLAMATIONS / PRESENTATIONS / ANNOUNCEMThTTS (CONTINUED) / \ft. E. Announcement / There will be a Port Workshop with the City of Fort Pierce on january 29, 2002 from 2:00 pm to 5:00 pm in the Commission - Chambers. F. Announcement / The Board of County Commissioners will hold a Strategic Planning Session at 9:00 am on February 1, 2002 at St. Lucie West Country Club in Port St. Lucie. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS 5A. There are no public hearings scheduled for january 8,2002. End of Public Hearings 6. PURCHASING A. ~I ~/ . (j,!¡.",h RFP No. 02-016/ Lakewood Park Field Renovations Design/Build - Consider staff recommendation to award the RFP to Recreational Design & Construction, Inc., in the amount of $181,500, and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Legal Advertisements - Consider staff recommendation to approve the amendment to the agreement with Scripps Treasure Coast Publishing Company, reducing the advertising rate from SO.59 to $0.27 per line inch, and authorize the Chairman to sign the amendment as prepared by the County Attorney. '-' .....,¡ REGULAR AGENDA JANUARY 8, 2002 PAGE THREE 7. ADMINISTRATION A Committee Appointments -Each Commissioner that has vacancies on various committees, will be given the opportunity to fill those vacancies. /.... B. Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. .'f,,'; \/\ ... C. Indian River Lagoon - South Feasibility Study Report / County Comments - Consider staff recommendation to forward final comments to the u.s. Army Corps of Engineers for inclusion within the final report. 8. COUNTY ATTORNEY A. Parcel Purchase Contract - Consider staff recommendation to approve the contract to purchase a 12.32 +/- acre parcel from Atlantic Gulf Communities along the North Fork of the St. Lucie River, authorize the Chairman to sign the contract and addendums, and direct staff to proceed with closing upon the County Attorney's approval of the due diligence of this property. B. Indian River Estates Stormwater Retention Project / Bunting Parcel - Consider staff recommendation to approve the Contract for Sale and Purchase, authorize the Chairman to execute the agreement, and direct staff to close the transaction and record the document in the Public Records of St. Lucie County, Florida. C. Resolution No. 02-22 / North Hutchinson Island Water and Sewer System.... Revenue Bonds, Series 2001 - Consider staff recommendation to adopt the II resolution as drafted. D. Resolution No. 02-21 / Florida Local Government Investment Trust - Consider staff recommendation to approve the resolution. 9. MANAGEMENT AND BUDGET Auditor Selection Committee - Consider staff recommendation that the Board advise the constitutional officers of the fact than auditor selection committee be established in accordance with Florida Statutes, and that the Board designate an individual to represent them on the Auditor Selection Committee. ... '-' "-" CONSENT AGENDA Tanuarv 8.2002 1. WARRANTS LIST Approve warrants list No. 12 through No. 14 2. PARKS & RECREATION A. Interlocal Agreement between St. Lucie County and the St. Lucie County Fire Department - Consider staff recommendation to approve the agreement for emergency medical services at the St. Lucie County Sports Complex and authorize the Chairman to sign the agreement. B. Bid No. 02-003 / Cleaning Services for Thomas]. White Sports Compkx- Consider staff recommendation to award the bid to Building Services Industries, LLC, approve the contract as prepared by the County Attorney, and authorize the Chairman to sign the contract. C. Equipment Request No. 02-175 - Consider staff recommendation to approve the equipment request for the purchase of a Kronos timeclock in the amount of $2,629.25 to be utilized by Parks Maintenance personnel. D. Lawnwood Sports Complex and Elks Park Improvements - Consider staff recommendation to approve the contracts with Adron Fence and Andy Edwards Roofing in the total amount of $12,992, as prepared by the County Attorney's office, and authorize the Chairman to sign the contracts. E. Resolution No. 02-03 / Fees for St. Lucie County Marine Center - Consider staff recommendation to approve the resolution amending certain admission and building rental rates. F. Resolution No. 02-04 amending Resolution No. 00-83 / Lending of County Equipment - Consider staff recommendation to approve the resolution amendment regarding the mobile stage. G. Equipment Request No. 02-182 / Starting Platform - Consider staff recommendation to approve the equipment request for the purchase of a starting platform for the Port St. Lucie pool in the amount of $1,300. H. Amendment to Facilities Use Agreement - Consider staff recommendation to approve the amendment to allow the New York Mets to assume responsibility of the souvenir/retail operations for the 2002 season at Thomas ]. White Stadium, and authorize the Chairman to sign the amendment. 3. PURCHASING A. Bid No. 02-015 / Enhanced Swale Maintenance - Consider staff recommendation to award the bid to CEM Enterprises, Inc., at the unit prices bid, and authorize the Chairman to sign the contract as prepared by the County Attorney. '-' CONSENT AGENDA JANUARY 8, 2002 PAGE TWO ....., 3. PURCHASING (CONTINUED) B. Bid Waiver and Piggyback Indian River County Reinforced Concrete Pipe Bid No. 4016 - Consider staff recommendation to approve the bid waiver and piggybacking of Indian River County Bid No. 4016 Annual Bid for Reinforced Concrete Pipe through the term of the contract. C. Resolution No. 02-08 - Consider staff recommendation to adopt the resolution amending the County's Purchasing Manual to amend the upper limit for Purchase Order Contracts to $10,000, and authorize the Chairman to sign the resolution. D. Rental of Color Copier for the Materials Center - Consider staff recommendation to approve the request and authorize the Chairman to execute the rental agreement. E. Bid No. 02-014 1 Equipment Request No. 02-1611 Trailer Mounted Sewer Cleaning Systems ~ Consider staff recommendation to award the bid to Southern Sewer Equipment Sales, Inc., in the total amount of S59,444, and approve the equipment request for the purchase. F. Bid No. 02-018 / Concrete, Culvert and Asphalt Installation - Consider staff recommendation to award the bid to South Florida Concrete Service, Inc., at the unit prices bid, and authorize the Chairman to sign the contract as prepared by the County Attorney. G. Budget Amendment No. 02-117 1 Equipment Request Nos. 02-178, 02-179, 02-180, and 02-181 1 Purchase of Pipe Handling Equipment - Consider staff recommendation to approve the budget amendment and equipment requests to purchase pipe handling equipment in the total amount of $15,500. H. Bid No. 02-010 1 Research Center Road Landscaping - Consider staff recommendation to reject the bid, revise the specifications, andre-advertise the bid. 1. Bid No. 02-0171 Equipment Request No. 02-021 1 Purchase of One-Ton Step Van - Consider staff recommendation to award the bid toDon Reid Ford in the amount of $29,855, and approve the equipment request for the purchase. ]. Bid No. 02-023 / Equipment Request No. 02-030/ Purchase of Cab & Chassis with Contractors Dump Boy - Consider staff recommendation to award the bid to Gator Ford in the amount of $32,579, and approve the equipment request for the purchase. '-' CONSENT AGENDA JANUARY 8, 2002 PAGE THREE ....,¡ 4. INVESTMENT FOR THE FUTURE South 25th Street Phase II Mitigation Monitoring - Consider staff recommendation to approve the work authorization with R.L. Weigt Environmental Consultants, Inc., in the amount of $41,455 through September, 2005, and authorize the Chairman to sign the agreement. 5. ADMINISTRATION Budget Amendment No. 02-116/ Equipment Request No. 02-176 - Consider staff recommendation to approve the budget amendment and equipment request for the purchase of a dual video deck and monitor from G&G Technologies in the amount of $1,477 to be used by the Media Specialist for producing video productions. 6., CENTRAL SERVICES A. Administration Building Construction Project Consider staff ~ recommendation to approve the work authorization for Edlund & Dritenbas \1 in the amount of $176,308, and authorize the Chairman to sign the agreement as prepared by the County Attorney. B. Burns International Contract No. 00-10-200 Extension - Consider staff recommendation to approve the one year extension. 7. MANAGEMENT AND BUDGET A Budget Resolution No. 02-07 / Correction of Scrivener Error in Budget Resolution No. 01-296 and 01-297 - Consider staff recommendation to approve the resolution to correct the fund numbers. B. Budget Resolution No. 02-02 / Zora Neale Hurston Dust Track Heritage Trail Project - Consider staff recommendation approve the budget resolution to establish the increased budget for the Cultural Affairs Council donation in the amount of $600. C. Budget Resolution No. 02-09 / Derelict Vessel Removal Grant Award - Consider staff recommendation to approve the budget resolution to appropriate and expend the funds from the Florida Fish and Wildlife Conservation Commission (FF\VCC) in the amount of $2,200. D. Budget Resolution No. 02-20/ Metropolitan Planning Organization (MPO) Section 5303 Grant (formerly Section 8) - Consider staff recommendation to accept the grant award and adopt the budget resolution establishing the increased budget and direct staff to proceed with the necessary steps to complete its processing. '-' CONSENT AGENDA JANUARY 8, 2002 PAGE FOUR .,-", 8. \ .COUNTY A TIORNEY I\A Resolution No. 02-11,02-12,02-13,02-14,02-15,02-16,02-17,02-18, and ~. 02-19/ Public Utility Easements for Water Facility Improvements - Consider staff recommendation to accept the easements, and authorize the Chairman to sign the resolutions, and direct staff to record the documents in the Public Records of St. Lucie County, Florida. B. Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine!Lien in Case No. 6622 - Consider staff recommendation to authorize the Chairman to sign the Partial Release of Lien. C. Ordinance No. 02-01 / Caribbean Fruit Fly Host Plants - Consider staff recommendation to grant permission to advertise the ordinance as drafted. 9. INFORMATION TECHNOLOGY HTE, Inc. Support Services Agreement - Consider staff recommendation to approve the agreement effective October 1, 2001 through September 30, 2002 in the amount of $54,125, and authorize the Chairman to sign the agreement. 10. PUBLIC WORKS A. Road & Bridge / Resolution No. 02-10/ USl & Indrio Road Improvements- Consider staff recommendation to adopt the resolution authorizing the Chairman to sign the joint Project Agreement (JPA) with the Florida Department of Transportation (FDOT). B. Code Enforcement / Equipment Request No. 02-093 and Equipment Request No. 02-094 - Consider staff recommendation to approve the equipment requests for the purchase of two network laser printers that were previously priced at $1,447, however that printer is discontinued. The new cost is $2,098.98 each. Additional funding is available from savings on vehicles purchased at a lower cost than originally budgeted. 11. COMMUNITY SERVICES Resolution No. 01-05 - Consider staff recommendation to approve the resolution in support of the "Elder Ready Florida" initiative, and authorize the Chairman to sign the resolution. '-' ....", BOARD OF COUN1Y COMMISSIONERS ADDITIONS AGENDA January 8. 2002 REGULAR AGENDA ADMINISTRATION R-A.l 2002 Joint Legislative Platform / State Tax Reform - Commissioner Coward has requested Board discussion on this item. NOTICE: All Proceedings before t.his 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, indiv1duals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross- examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Sewices Milnager ðt (561) 462-1777 or TOD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. 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"=' '" .. ::I E-o , N Q o N N o o ("oJ ~ Ñ - . .... ... '" ;:> 13 ~ 1! ..., N .: Q, -« '" ... .. ..Q e .. ..c: U c o .¡;¡ '" 's s o U ....'" -= ê = '" o ... u-«...¡ ~.! ~ c . t "õ.o t: g .:: ~ cc>i:i: uQ.... ...¡~ð; r./)Nr- ~ ..::: '" ~ ~ ~~ " " :¿; ~ '" ~. !:: !:: ð '!! ~ ~ ..::: ~ ~ ìš ~ -': Q, o ..c: '" .:0: ... o ~ OJ) .:: 0; ..~ ~ .:: Co; o .. .~ ~ 's .!: e:ë o = ue::.. ., ~ ..::: ~ ~ " " ~ ~ J ~.c ;: " " ... "I) " ..::: ... .. ~ ~ ~ I:.t '" .... ë Q. Q ':: ..., I S Q. Q r:: .... ~ " ; Ë c:.. !: ~ .. :: ~ ;: .... co "=' '" .. ::I E-o , N Q o N ~ '" "ð ~ ~ :: .. I:.t .5 ::: to ~ . "5 - - .¡ c = ... ~ ... c "= 11' t. «/ '-' AGENDA REOUEST "will ITEM NO. ;{ ¡:f DATE: January 8, 2002 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. 02-06 - Proclaiming the week of January 20, 2002, through January 27, 2002, as "JAZZ WEEK 2002" in S1. Lucie County, Florida. BACKGROUND: Mr. Darryl T. Bey, President of Fort Pierce Jazz Society, has requested that this Board proclaim the week of January 20, 2002 through January 27, 2002, as Jazz Week 2002 in S1. Lucie County, Florida. The attached Resolution No. 02-06 has been drafted for that purpose.. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 02-06 as drafted. COMMISSION ACTION: NCE: [X] APPROVED [] DENIED [ ] OTHER: 5-0 County Attorney: ~. Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 ... '-" "wIÎ RESOLUTION NO. 02-06 A RESOLUTION PROCLAIMING JANUARY 20, 2002, THROUGH JANUARY 27, 2002, AS "JAZZ WEEK 2002" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: I. Jazz has achieved preeminence throughout the world as an indigenous American music and art form, bringing to S1. Lucie County and the world a uniquely American musical synthesis and culture through African-American experience. 2. Jazz makes evident to the world an outstanding artistic model of individual expression and democratic cooperation within the creativity process, thus fulfilling the highest ideals and aspirations of our republic. 3. Jazz has evolved into a multifaceted art form which continues to give birth to, and to nurture new stylistic idioms and cultural fusions. 4. It is important for the youth of America to recognize and understand Jazz as a significant part of their culture and intellectual heritage. 5. Jazz Week 2002 will consist of educational workshops and master classes in area schools on all levels, lectures, concerts, and exhibits. The theme of Jazz Week 2002 will be "Benny Goodman The King of Swing". The Fort Pierce Jazz Society will exhibit memorabilia of Benny Goodman provided by Yale University. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners o[S1. Lucie County, Florida: 1. This Board does hereby proclaim January 20, 2002, through January 27, 2002, as "JAZZ WEEK 2002" in St. Lucie County, Florida. -, '-' ...., 2. This Board does hereby urge the citizens of St. Lucie County to participate by celebrating the significance of this great musical tradition. PASSED AND DULY ADOPTED this 8th day of January, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '9~ 1 @r9~ - ()~Ñ/ i / [; ktfÁ fiWy ( ?J~ &0. /k&fIÞ1 ð' / / d)Ol W' . \ I· Ig, ·lo~.·It(Ý ..·>1Q; 'b 0U \ '-' f'...J , y ~ \If .., ~ßf5\' p:t£ff ~ø 3 5",,01' ~¡ Ok- tD,5:hkd~ Ot-J.kfr , . í¥' - 0 l)WJ~ December 17, 2001 Dear Doug Anderson, The Fort Pierce Jazz Society, a non-profit organization, is preparing for Jazz Week 2002. As with this year, we have compiled an impressive list of jazz programming and educational workshops that will be most entertaining and beneficial to our community especially our students. Enclosed is a tentative schedule of events. We ask that you proclaim January 20 thru January 27 Jazz Week in Fort Pierce. The language used in prior proclamations will be suitable for 2002 with some modification. On behalf of the Jazz Society I would like to thank you and your staff for being most cooperative in your efforts in helping us celebrate the significance of this great musical. tradition. Sincerely, JÝ~crk... Darryl T. Bey, presideT1' Fort Pierce Jazz Society illrŒ æ Œ U 'Ill Œ,/ñ1 L DEC 1 7 20J; . L:>, ------1 co ADMiN_ OFFICE . -__I 1165 US Hwy.#1 PMB 12 JAZZ HOTLINE 561-460-5299 , Fort Pierce, FL 34950 WWW.JAZZSOCIETY.ORG '-" ....,I Jazz Week / Grapefruit Festival 2002 Jan. 20 - 27, 2002 Jazz Week 2002 will consist of educational workshops and master- classes in area schools on all levels, lectures, concerts, and exhibits. The theme of Jazz Week 2002 will be "Benny Goodman The King of Swing". The Fort Pierce Jazz Society will exhibit memorabilia of Benny Goodman provided by Yale University. This exhibit will be composed of photographs and other documents outlining the life and times of Benny Goodman. Born in Chicago in May 30, 1909, Goodman was an exacting bandleader of one of the most popular big bands of the 1930s, and a superb swing clarinetist. He possessed both technical skill and mastery of inflection. He was one of the few jazz instrumentalists to appeal to mass audiences, and he did so not by compromising his work, but by playing boldly innovative big-band arrangements and by Cultivating a highly improvisational combo. 4 \w- ...,J Jazz Week / Grapefruit Festiva12002 12/12/2001 The Theme of Jazz week 2002 will be entitled "Benny Goodman The King of Swing. Sunday January 20,2002 Concert at the Fort Pierce Magnet School of The Arts, A Tribute to Benny Goodman. Featuring Doc Grober's Benny Goodman Quintet aild Mark Green & Friends with a multi-media presentation of the life and music of Benny Goodman. This concert will be a fundraiser for the Sunrise Theatre. Admission $20.00 Per Person 6:00 Pm. Monday January 21 Brown Bag Lunch Concert Series @ downtown branch Ft. Pierce Library Admission Free lunch $5.00 Per Person 11:30 Am. unti12:30 Pm. Lecture @ IRCC "Benny Goodman The King of Swing" Admission $3.00 Per Person 4:00 Pm. until 5:00 Pm. Photographic Exhibit of Jazz Legends At Lincoln Park Academy Workshops in area schools Monday night jazz jam, location TBA. 7:00 Pm. 10:00 Pm. Exhibit At Lafrandre Gallery Tuesday January 22 Brown Bag Lunch Concert Series Lunch $5.00 11.30Am. 2:30 Pm. Lecture @ IRCC The "Art of Jazz Singing" Presented by Gina Gibson $3.00 4:00 Pm. Until 5:00 Pm. Workshops in area schools Photographic Exhibit of Jazz Legends At Lincoln Park Academy Dinner, wine tasting, andjazz @ the Limelight Restaurant $65.006:30 Pm. Exhibit At Lafrandre Gallery Wednesday January 23 Brown Bag Lunch Concert Series Lunch $5.00 11.30 Am. until 2:30 Pm. Lecture @ IRCC Music Appreciation "How to Appreciate Jazz" $3.00 4:00 Pm. Until 5:00 Pm. Workshops in area schools Photographic Exhibit of Jazz Legends At Lincoln Park Academy Exhibit At Lafrandre Gallery 1 \w ...", Concert @ Pt. S. Lucie Yacht Club $5.00 Per Person 7:00 Pm. Until 10:00 Pm. Thursday January 24 Brown Bag Lunch Concert Series Lunch $5.00 11:30 Am. Until 2:30 Pm. Lecture @ IRCC "The Latin and Brazilian Influence in Jazz, The history of Antonio Jobim Presented by Sergio Alvares $3.00 4:00 Pm until 5:00 Pm. Workshops in area schools Photographic Exhibit of Jazz Legends At Lincoln Park Academy String Workshop At Lincoln Park Academy With Middle School and High School Orchestra Concert @ Ft. Pierce Community Center $5.00 Per Person 7:00 Pm Until 10:00 Pm. Exhibit At Lafrandre Gallery Friday January 25 Brown Bag Lunch Concert Series Lunch $5.00 11 :30 Am. until 2:30 Pm. Workshops in area schools Melton Mustafa - Jessee Jones Quintet workshop at Ft. Pierce Magnet School of The Arts String Workshop At Lincoln Park Academy With Middle School and High School Orchestra Presented by Suzanne Landsford Tribute to Nat King Cole concert performed by Freddie Cole @ the Fort Pierce Magnet School of The Arts: Admission $12.00 FPJS Members - $15.00 Non-members 7:00 Pm. Exhibit At Lafrandre Gallery Reception for Freddie Cole @ the Radisson Hotel: Invitation Only Directly After Concert VIP Pass $75.00 Admission To All Events Except Wine Tasting At The Limelight Restaurant Jan. 22, 2002 2 \r AGENDA REQUEST 1"hIII NO. 6A DATE: January 8, 2002 REGULAR [)<J PUBLIC HEARING [ ] CONSENT [. I TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PURCHASING MICHAEL RATH. Director SUBJECT: Award of RFP No. 02-016, lakewood Park Field Renovations, Design/Build BACKGROUND: On November 30,2001, proposals were opened for Lakewood Park Field Renovations, Design/Build for the Parks and Recreation Department. Twelve hundred fourteen (1214) vendors were notified, sixty-four (64) proposal documents were distributed and two (2) proposals were received (tabulation attached). The Evaluation Committee met on December 3, 2001, to review and rank the proposals based on the criteria set forth in the Request for Proposal (RFP). The Committee determined that it was in the best interest of the County to hear oral presentations by both firms. Presentations were heard on December 13, 2001. Based upon the proposals submitted and the oral presentations, the Committee unanimously ranked Recreational Design & Construction, Inc. as the first ranked firm (evaluation criteria comparison attached). In addition, this project was approved during the Capital Projects Work Shop with the Board of County Commission. FUNDS AVAilABLE: Account No.: 316-7240-563000-7615 in the amount of $144,800 (County Capital -Central Services/Special Projects -Improvements Other than Buildings-Lakewood Project); and 316- 7240-563000-700 in the amount of $36,700 (County Capital Central Services/Special Projects - Improvements other than Buildings - General Fund). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of RFP No. 02-016 for Lakewood Park Field Renovations, Design/Build to Recreational Design & Construction, Inc., in the amount of $181,500, and authorize the Chairman to sign the contract as prepared by the County Attorney. County Attorney:(X) 9tJr .þ--.. NCE: COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: 3-2 (Hutchinson, Barnes - No) Originating Dept: (X) Coordination/Signatures Mgt. & Budget (X) 1ÆD rn rl~tn Other: Ø/c-/c; ;7 ~(~~ Purchasing Mgr.:(X) t;~ Other: Finance: (Check for Copy only. if Applicable) Eft. 1/97 '-' ..., ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - RFP #02-016 LAKEWOOD PARK FIELD RENOVATIONS PARKS & RECREATION OPENED: NOVEMBER 30,2001 @ 2:00 P.M. THE FOLLOWING VENDORS RESPONDED TO THE RFP: Total Price One (1) Year Maint. Bond 1. Recreation Design & Construction, Inc. 2. Links Construction, Inc. $181,500.00 $117,724.00 $1,130.00 $ 500.00 NUMBER OF COMPANIES NOTIFIED*: 1214 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 64 NUMBER OF PROPOSALS RECEIVED: 2 * Per Demandstar by Onvia C:\MYfILES\BIDTAB.WPD ~. AGENDA REQUEST '-' ITEM NO.Jgfi ... DATE: January 8, 2002 REGULAR ~ PUBLIC HEARING [ ] CONSENT -. TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Michael Rath, Purchasinq Director SUBJECT: Legal Advertisements BACKGROUND: A report was presented by the Efficiency Committee to the Citizens Budget Committee detailing the fiscal impact imposed on the County through the increase in advertising rates by the Tribune and Port St Lucie News since October 1, 2001 (increased from $.26 to $.59 per line inch). The Citizens Budget Committee recommended that staff attempt to negotiate improved rates with both the Tribune and Port St Lucie News. Failing this, the Committee recommended that the County only advertise what is legally required to be advertised in the Tribune only. The Purchasing Department met with the Classified Manager of Scripps Treasure Coast Publishing Company in an effort to reduce the advertising rate. Scripps Treasure Coast Publishing Company has agreed to reduce the rate to $.27 per line inch (an increase of 4% from the previous rate). FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: It is staffs recommendation to amend the agreement with Scripps Treasure Coast Publishing Company, reducing the advertising rate to $.027 per line inch and authorize the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: 5-0 County Attomey.(X) Cf'/ ~ Coordination/Signatures Mgt. & Budget Purchasing Dir.:(X) J-I!- Originating Dept: Finance: (Check fer Copy only, if Applicable) Other: Other: Eff.1/97 EXHIBIT "A" 561 221 4126 P.02/02 Tho Stuart News ...., Tn 1'1111 s\, Lucie News }'on Piene Tribuae Port St. Lucie Tribune Tit. JupiDr Courier Varo Buc:b Pnss Joul'1lal Sebastian S¡¡1I DEC-21-2ØØl 1( ') '-' T'.-1E STUART NEWS iI SCRIPPS Treasure Coast Ctassweds 19» S. Federal Hi¡hWà1. Stuart, FL 349!14 Td 5f)·287-1550 Fax Sól-~:J-41:Z6 December 21,2001 Mike Rath Sl Lucie County Board Of County Commissioners Fax: 561-462-1704 Dear Mike: Thi8 letter is to inform you that, per our conversation, we will be readjusting your legal advertising rate from the proposed $0.59 per line to $0.27 per line, the result of which will be an increase of 4% over 2001. This lower rate 1$ due to the fact that, at the time of Scripps Treasure Coast Newspaper's acquisition of the Tribune, we were unaware of your bid for Legal advertising. I look forward to meeting with you in June of 2002 to discuss legal advertising for 2003 In time for your budget process. Thank you for your Input and for your continued business. Sínc:erely , £i)L~ S. Darlene Mailing Classified Inside Sales Manager TOTAL P,02 ~ AGENDA REOUEST ITEM NO'~A DATE: January 8, 2002 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: Committee Vacancies BACKGROUND: At the November 20, 2001 Reorganization Meeting, each Commissioner was given the opportunity to make appointments to various committees. It was requested that some of these appointments be postponed, in order to contact the individuals that can be re-appointed, and to advertise for the remaining vacancies. Attached is a revised "Committee Vacancies by District" document. FUNDS AVAILABLE: NjA PREVIOUS ACTION: November 30, 2001 - An ad was placed in the Port St. Lucie News and the Fort Pierce Tribune requesting nominees for the Historical Commission. Deadline for submission to the County Administrator was December 10, 2001 Three (3) responses were received: Kathleen Slesnick Jemma Redman Mark Taynton RECOMMENDATION: Staff recommends filling as many vacancies as possible. ~] APPROVED [ ] DENIED [ ] OTHER: 5-0 COMMISSION ACTION: '-" ...., Committee Vacancies by District as of December 26/ 2001 District, - Commissioner Lewis Emergency Medica! Svc. Historical Commission Library Advisory Board Tourist Development Jane Rowley(Term Expired Joyce Peters(T erm Expired Maxine Carman(T erm Expired Marilyn Minix/Term Expired Can be re-appointed Can be re-appointed Can be re-appointed Can be re-appointed D;w;oc . - Comm;,,;onu Ho"h;nõOn ~ ~ Historical Commission Lisa Bell I ResIgnation [Term was through 2002) Code Enforcement Mabel F aw,Aâ:' Exp;æd Can be re-appointed District" - Commissioner Barnes At- LaNe Avvointments Library Advisory Board Term Expires for Michael Bausher - He served a partial term and wishes to be re- appointed for a full term. l~i:r '-' !J~ c .~ § ~ . e~"':'=l ~ r::.'.)~ O',E ] 0 .~ 1::-= ¡::" ... 0::)...2 í!P ~~ ! "¡;; .3'"5 m,Q L:) OC-. 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Nov-28-01 03:~~P Ft Pierce Planning '-" [IfY ~f . ~RI Pln[~ 1o,.¡Ja DATE To ...., \Ulif ~........~\ I'.,. ~~..,..- ~i:J j¿ '" .. - SL~íT7L----- DEPARTMENT OF PLANNING City Hall . 100 North U.S. 1 . P. O. Box 1480 . Fort Pierce, Florida 34954 Phone (561) 460-2200 . Fax (561) 466.5808 FAX TRANSMITTAL SHEET I\·z.e·o\ l)\~V FAX ~: -4(,Z . Zi3' NUMBER OF PAGES (INCLUDING TRANSMITTAL SHEET); 4 FROM: ~~ ~\c.'f- IF YOU DO NOT RECEIVE ALL THE PAGES OR HAVE TROUBLE WITH THIS TRANSMITTAL, PLEASE CONTACT: Telephone Number:~' :;;:;.00 EXT_..;12~ Department of Planning Fax Number: {56') 466-5808 P.OI Nov-2B-OI O~:03P Ft P· . _ _ -.::=:~ .mJ ....:~<;;r:-:;,.. Planning :: I L..r~..;.~ ,_u .:4l\'.1'~H P.:.:,'£ P.02 tf ~ ....., ~ ill-ucie. C~ ~oa¡'d of County Comn¡issioners ,ðRPjication fer Serving on Coun1v Boord! CLI1d Committees Thank you for applYing for (! posit:cl'\ 01' ont of ST. Luçi<: '::our.ty'S If,cny ody¡s~ry boords c,d com'r:Heu. The minimum r~<uir..rr.ents for committe~ I\ltmbershîp 01'(: - Must be a County r~jc!ent -Must not b¡; relQtec t(\ andkcr ccmmittee member. CQuntv Cmnmi$5\OMr or Coun1y err,ployee jn'%l~ed with the (:)mmittu of interest ~ Must not b¿ elilployed by 'the same busir.U$ entify as ot"er c:;ommittu t'lcrt1bt'rs_ ·-Must not Sl'rJe or. more thclr. 2 COi,l'l'ty c.ommitfu5 Note: Some CO!T'.m,ttecS have oddî1ioni:ll ,.eq~iremeI'!tS. p!c~" inqu:ri: when 5ubl1\íttìn~ th;5 (lppl¡~Qtion. In "ddition, SErvice. on corr.mittetS wit". plonninS, Ioning O~ Mt~ral resoll"'U 'csponsibil!t'es may nçuire cHscloS\II"e of t,nondcl intert$ts_ Please. cort,pl"te 'th~ fol!owing informoti<1n. , J.. PL.EASE +I'3DICA TE THE COM.M!TTEE(S) YOU ARE INTE:<.ESTED TN sEE "11-1E REVERSE SID\: NAME: ~1t\,-e-a.l $L!;SN¡(~ _PHO"-JE: -4tDD' 811 !",£,-.. . HOME ADDRESS' ~4(,)() S __ ~.. þ~ -#Æ~---· =-..t'T. 'f'ltf?C~" _Eb..-- ~fi~.- WHICH COM'.USSION DISTRiCT DO YOu Lt'Æ !N~~L"-2. BU5INESSIOCCUPATtON..Jt6TDf11. W~v.mQÑ Dff'I~_-_ BUSI.NE5S ADD~E5S'_ 100 N US 1_ (C:I'I' tt,.,u... ì_d_-- ft" 'iH.f''þf, f'L ~FHONE: *1.0' Z200 ~ Z b~ ~s¡J"'E Of ""':,,0 EXPE" ¡N"'~ -. "",,' ..".. .1';:~..1 r I 2_ 3. 4. 5, 6 7, e. DO yoU CURR€NT'.Y sEI!VE ON A COUNTY COMMtïTEE(S). IF so PLEASE LIS¡, ·~D - - ----- WHY 00 YOU THrN~ YOU AR~ Q,VALIf'.œt¡ TO S(RVi: 0N rH~ e'J'.I.IoIIT'f([(S) INùlarl:;::>;> ..,. 1~~tHtr' 00 f'oiZ... /II. 1,..1....INb I t::J:. AA'!."_JL.~joI"l... ~ttou~'D \f,.} __ I-I1S~I'- ~E.5oI1:~II~ ~ ~~pooi -u.~.___ WOULD VOd CONSIDER SERVING oN IlNð'THER GOAR!;) OTH~R THAN THE ONE(S) 5 fATED ABOVE?(F'LEASE 5PEC!TY)__ ¡.aD COMMENTS:._ fJDV\'Þ ..!.L~ 'TO ~ "11n:~_u~ __u _~~<Vt. bto:) .~~D____~____- 9. IÖ II. ._---_.._-~ -.-..----- S[GNATU!<E:~~-- DATE:__-.JLZ.~~ APPLICA TIa:J WrL" REMAIN EFFECTIVE FOR ONE YEAR SIIbnd To5~. Lucie Couf\Ty Jldminis1rot"r'$ Ofjl,r Z~OO Virgir¡i" A,c.. Ft. Pierce. Fi. 34982 PhoM·. 4(¡;¡'¡ I~ Nov-28-01 03- p O\.,..- Ft Píerce Plann·ing P_03 .J Kathleen Anne Slesnick 2400 South Ocean Drive, #3415, f'ort Pierce, FL H949 (561) 460-2200 x239 EXPERIENCE: Historic Presenratioa O«icerl Urban Designer Çlu: of Fort Pierce. Dee 2000 . Present · Responsible for writing and implementing the Historic Preservation Ordinance and the Ta;x Exemption ordinance · Serve as the staff professionaJ to the Historic PreselVation Board Apply for and administer various grants through the Bureau of Historic PreservAtion, Department of Community Affairs, and other agencies · Responsible for updating the Historic Survey, histonc sites brochure, and other publications Assistant to th~ Town ManageI' Iown of Lake Park. FL. June 1999· November 2000 · Assist in the fuU spect.rum afTown operations, including working with the Public Works, finance, and Community Redevelopment Departments Responsible for the Town's Historic Preservation Program, and serve as the liaison to tbe Historic Preservation Board Serve as the Certified Local Government coordinator. · Administer historic preservation grants and other redevelopment grants, including over $600,000 in state grant money for Town Hall restoration Collaborate with Planning and Zoning to create design guidelines and ordinance revisions, assist them with historical and architectural eIements in the Codes State Heritage Tourism Coordinator, Hiltoric: Sites Spf.cWist Department Qf State. Bureau ºfHistoric Preservat.ion. Tallah-usee, October 97 . June 99 · Responsible for developing Ii comprehensive marketing plan to promote Florida's historic sites to tourists, including the development of databases · Coordinated production ofthe Jewish HerUage Trail and the Women's Hentage Trail, part of the State's Heritage Trail Series · Created promotional literature for the State Historic Marker Program, rewrote the grant application for the Historic Markers EDUCATION: UDivenity orF1orida, Gainesville, FL Master of Science in Architectural Studie& Mary Washington CoUege, Fredericksburg, VA Bachelor of Arts in Historic Preservation LICENSES: COMPUTER SKILLS: Real Estate Salespenoø. State ofHorida, License #SL-064864I AD Microsoft Applications, including Word, Excel, Access; Corel WordPerfect, Preservation Integrated Software, and HTML '-"' '-' November 30th 2001 1J' ,~I 0J'pY ~~\~ \Vl Mr. Dough/as M. Anderson County Administrator 2300 Virginia Avenue FL Pierce, FI34982 Dear Sir, I would like to serve on the St. Luice County Historical Commiss./.Qn. I came to this area some two years ago from Long Island, New York and I love the area and would like to make some contribution to the preservation of the history of the area. I am presently the Founder/President of Faces and Voices of St. Lucie County Inc, recently formed non-for-profit Organization based in Port St. Lucie with tentacles in Ft. Pierce and Martin County. The Organization was formed in order to present artistic and cultural presentations that reflect the diversity of the people of this area. I also work with my husband who owns a Commercial Cleaning Co. and we have several Contracts in the St. Lucie County area. Prior to my moving to Florida, I worked as the Special Events and Cultural Cordinator of the largest black community Organization in New York City, based in Queens, and which served a 52-acre Park, where I was responsible for all the Festivals and cultural events of the Organization. I then worked for a year or so at The Parks Council, on Madison Avenue ,developing an Openspace and did a stint at the National Audobon Society in Connecticut, NY. I was also the Artistic Director of The Caribbean American Repertory Theatre Co. Inc in NY and worked in mainstream theatre for the past eleven year$. I am a native of Trinidad & Tobago. My background is varied but always involved in community, arts and culture and so I would love the opportunity to make a contribution here. I find that there are not enough people of color involved in the development and preservation of this beautiful County, which I believe that we do have an important contribution to make based upon the history of the area. Thanking you for the opportunity to apply, I can be reached at 561-344-7411/ fax- 561-879- 7261. ~inc. rely ..¡J Mww...1\.Q. J ~ mma Redman DEe - 4 2001 '-" ...., PERSONAL RESUME HISTORICAL COMMISSION APPOINTMENT SAINT LUCIE COUNTY Mark Taynton 8001 South Indian River Drive Ft. Pierce, Fl. 34982 (561) 468-2277 Please consider this resume as a request for appointment to the Saint Lucie County Historical Commission. I feel my background and dedication to Saint Lucie County would be an asset to the commission as well as the experience of owning, maintaining and living in several Florida homes in excess of eighty ¡ears of age. My current home for the past 13 years on South Indian River Drive will be celebrating its 100 year in 2005. '-' PERSONAL INFORMATION AGE: 46 BORN: July 29, 1955 HEIGHT: 6'-0" EYES: Brown HAIR: Brown WEIGHT: 195 Arlington, Va. South Florida Resident 39 years St. Lucie County Resident 13 years CERTIFICATIONS AND LICESES Florida Real Estate Salesman Florida State Certified General Contractor Florida Real Estate Broker Master Residential Appraiser Standard Building Code Congress Housing Rehabilitation Inspector Chief Building Inspector Quest Electronics Noise Measurement Florida DEP Watercraft Operator Florida DEP Watercraft Instructor Florida Foster Parent License 1974 1980 1983 1985 1984 1984 1990 1997 1997 1999 CURRENT AND PAST PROFESSIONAL AND SOCIAL MEMBERSHIPS Everglades Chapter BMW CCA Vice President BMW CCA National Vice President Southeast Region Vintage BMW Club Member Southern Building Code Congress International Member Palm Beach County Code Enforcement Officers Assoc. Founding Member Florida Association of Code Enforcement (FACE) Charter Member Contractors Licensing Officials of Florida Scopes and Standards Chairman National Association of Master Appraisers Member St. Lucie County Rock and Gem Club President Indian River Freeholders Association Vice President """" '-' ~ Martin County VICA Coordinator for South Fork High School St. Lucie County Comprehensive Plan Review Committee Member St. Lucie County Citizens Budget Review Committee Member St. Lucie County Cooperative Extension Sustainability Committee Member Current and Past Employment State of Florida Dept of Environmental Protection July 1999 to CWTent: Field Engineer, Office of Beaches and Coastal Systems Aug 19% to July 1999 Investigator Specialist II State Lands Division Martin County School Board Aug 1994 to Aug 1996 Vocational Drafting Instructor at South Fork High School . St. Lucie County Community Development Nov. 1989 to Aug. 1994 Supervisor for Code Enforcement and Contractors Certification Office General occupational background since 1973 Since 1973 I have been involved in all aspects of real property and construction. From the hands on level of building design to field construction to regulatory permitting and compliance. My real estate background includes sales, rental, property management and appraisal. I have extensive background in residential, commercial, coastal and marine construction as well as a well-founded background in real estate law and property title. I have literally spent my life in SE Florida dealing with resolving issues of all natures in construction and real estate. . AGENDA REQUEST ITEM NO. ....", DA TE: January 8, 2002 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: Bi-Weekly Committee Reports BACKGROUND: At the April 11, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, on a bi-weekly basis, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2nd and 4th Tuesday of each month. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: Committee Chamber of Commerce Board of Dir. Council on Aging Indian River Lagoon NEP Workforce Development Board Land Acquisition Selection Committee Law Library Board of Trustees Treasure Coast Community Alliance Treasure Coast Council of Local Gov. Value Adjustment Board Meetint;; Date Monthly Last Wednesday Quarterly as needed As needed Monthly As needed Monthly Monthly As needed Tourist Development Council Lake Okeechobee Coalition Other Committees: Higher Education Committee Healthy Kids COMMISSION ACTION: 10t Wednesday Quarterly [ ] APPROVED [] DENIED E\:] OTHER: Reports given Commissioner Coward Lewis Barnes Hutchinson Barnes Bruhn Cowa rd Hutchinson Barnes/Bruhn/ Lewis Coward Hutchinson Bruhn Coward ouglas Anderson County Administrator '-' ...., Agenda Request Item Number Date: 7Œ Jan. 8,2002 Consent [] Regular [ X ] Public Hearing [] Le] I SUBJECT: Indian River Lagoon - South Feasibility Study, County Com· To: Submitted By: Board of County Commissioners County Administrator BACKGROUND: The Indian River Lagoon Study Team members have completed the DRAFT Integrated Feasibility Report and Supplemental Environmental Impact Statement for the Indian River Lagoon - South Feasibility Study. The principal features of the recommended plan includes 13,000 acres of new reservoirs, 9,900 acres of storm water treatment areas, and 92,900 acres of natural storage and water quality treatment areas, muck remediation and artificial habitat. Prior to the December 31, 2001 deadline for comments on the draft plan, a letter was sent in general support of the plan along with draft staff comments. Because of the detail of the staff review it is appropriate for the Board to take specific action. Laura Mahoney with the U.S. Army Corp of Engineers was advised that draft comments, along with any required revisions, would be forwarded for the Board of County Commissioners review and approval. Attached please find draft staff comments that were forwarded to the U.S. Army Corps of Engineers. along with minor revisions and several staff additions. FUNDS AVAilABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Authorize staff to forward Final County Comments to the Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report and Supplemental Environmental Impact Statement Comments to U.S. Army Corp of Engineers for inclusion within the Final Indian River Lagoon Feasibility Report. COMMISSION ACTION: W APPROVED D DENIED D OTHER 5-0 will forward additional information with north fork and C-24 concerns highlighted. Coordination/ Signatures Mgt. & Budget: Other: CONCURRENCE: Douglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: Purchasing: Other: (Restudy/AGEND _02) '-' -.J MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division To: From: Board of County Commission~rs Diana Waite, Planner III ~ Date: January 3, 2002 Subject: Draft South Indian River Lagoon (IRL) Integrated Feasibility Report On December 28, 2001, draft staff comments were forwarded to the U.S. Army Corps. of Engineers with an indication they would be forwarded to the Commission for review and final approval. Staff comments also include questions to clarify our understanding of certain issues. The comments previously forwarded to the U.S. Army Corp. of Engineers are attached along with proposed revisions and several additions. The comments and recommendations are proposed for consideration and inclusion within the FinallRL Plan. The FinallRL Plan is expected to be finalized in March or April of this year. A map of the St. Lucie Watershed and the IRL proposed plan is attached. The IRL Feasibility Plan indicates the deepwater storage areas in dark blue, the storm water treatment areas in light blue, and the green areas are the natural storage and water quality treatment areas. The attached spreadsheet indicates level of storage provided by basin and its consistency with the Comprehensive Everglades Plan. The major issues are: · Full funding was not provided for the North Fork Floodplain Restoration Element. The North Fork of the St. Lucie River is the headwaters of downstream estuaries. Significant ecological benefits to the riverine/estuaine waters of the St. Lucie River and Indian River Lagoon can be derived as result of the proposed restoration. · The proposed plan falls short of meeting the plan's goal for treatment of pollutants in C-25 Basin. · Evaluation and removal of sedimentation and muck form the North Fork of the St. Lucie River and Tidal Ten Mile Creek were not proposed. There is extreme shoaling in Ten Mile Creek. · Waters reaching Ten Mile Creek and the North Fork without re-contaminated as they are transported along an existing canal in the North St. Lucie Drainage Basin District. '-" ....., January 3, 2002 Page 2 Indian River Lagoon Integrated Feasibility Report The attached spreadsheet provides an overview of the allocation of improvements between basins as reported in the IRL Plan. Staff is concerned that improvements in two basins, the C-25 and the North Fork, are well below the targeted storage provided for in the Comprehensive Everglades Restoration Plan and the level of treatment provided in other S1. Lucie Watershed basins. These two basins provide direct flows to the S1. Lucie Estuary (the North Fork basin) and the Indian River lagoon (the C-25 basin). They also have some of the worst water quality in the watershed. The IRL Plan's North Fork Natural Area Restoration Plan falls short of meeting the acquisition needs within the North Fork basin and does not include any funds for implementation of the restoration portion of the plan. The plan describes the North Fork Restoration plan as including 3, 089 acres; the plan states there are 18 ownerships with an estimated value of $6,476,900. According to staff estimates, there are 99 parcels with an estimated value of $13,476,019 targeted to protect and enhance the remaining natural areas along the North Fork and it's major tributaries. About 75 of those parcels (about 50 ownerships) with an estimated value of $10,465,657 are a high priority for acquisition. The North Fork Restoration Plan, produced by the Estuary Sub-team, included approximately 55 miles of main branch riverfront between the mid-estuary and the upper reaches of Ten Mile and Five Mile Creeks. Dredge spoil was confirmed to occupy roughly 8.9 miles or 16.2% of the 55 miles. The restoration would total 324 acres of reconnected wetlands through spoil breaching and 25 oxbow endpoint reconnections. In conclusion, S1. Lucie County staff should work closely with Federal and State staff as the plan is finalized and the operational and management documents are prepared. The next phase will include the development of the Special Project Implementation Report (PIR). The Special PIR will address water allocations and reservation requirements between the natural system and other uses. This is particularly important for S1. Lucie County. Under the proposed plan waters will be diverted from S1. Lucie County to the C23/C44 Stormwater Treatment Area for eventual discharge into the C- 44 Canal. Approximately 41,000 acre-feet per year of excess flow in the C-23 canal will be directed through the C23/C44 Stormwawter Treatment Area on Allapatta Ranch into the C-44 basin, and ultimately Lake Okeechobee. Staff recommends the attached comments be forwarded to the U.S. Army Corp. of Engineers and the South Florida Water Management District for their consideration and inclusion within the FinallRL Integrated Feasibility Report. If you have any questions, please let me know. CÞ CI lIS .. o - I/) co. Oa::: .- w 1;0 ~..c - - C\:J .- > ~ W>' CJ C c C\:J CÞ -<¡¡j a.. .- III ...J c 0:: 0 -0 ~ r-- to ..- ..- 0 ..- IÞ CO (J) ..- "'" U') r-- ~ - to ~ ,.... CO M U') -'t:I N Ñ ..- as LÔ oi as - r-- ..- , ..- , U') e-() UI , ~ IÞ 2! U) o I.) ::::: Coc( Z ~ ea.. :5 Coo:: 0 CW a.. J: .- (.) C U) W ~~~~~ ~ C 0 z a.. 't:I IDI'-(oCOO 0 W 0:: 0 NID 0 :t W UI () (0 N N 2! 't:I :t (.) '> ~ I.) 0 c( 0 0 .. (.) ';fl a.. W 0:: ...J I'-vO') T""O T"" 0:: - COOCOV N N OO')OCO 0'). - r-: ('I) . UI () ID (0 2! ,5 ~ co N T"" T"" :l .. 0 - U) 00000 0 OOOOID ID -ga.. - VCOCOO('l) c-q, T"" "¡Ñ"":óci co - -o::lÞ ~~ ~~ ID () W () C) .. C\:J (.) I.) I- c( <f?~~ ~~ ~ 0 '<tCOI'- NO') 0 c( .5 UI ('I)T""T"" N 0 2! 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Lucie Watershed i-~--· I 1 I G-81\ C-23 Canal CM BASIN .----- I Project Area Structures - - - - - tv1ajor Canals Shorelines Primary Basins '-" .., ff'.......... ~-.r ,~ ,-:? -p~'" ~,-..; V// ,/' /' , ,.:.;\ ,»~ ~/'(¡'J , / "i--~ , , , , , , , , . \ \ \ \ ./ ~ --- -'''- '-' ....,¡ Indian River Lagoon - South Feasibility Study Draft Comments and Recommendations Material recommended as addition to the Draft Staff comments are shown in double underline. Material recommended for deletion is shown in strike-thru. Maior issues/concerns . Full fundina for the North Fork Floodplain Restoration Element. This is a verv imDortant local and reaional Droiect that would result in areat ecoloaical beneflt~ to the riverine/estuarine waters of the North Fork of the St. Lucie River and downstream estuaries. includina the Indian River Laaoon. Based on information available from the North Fork State Aauatic Preserve and State Buffer Preserve manaaers we believe this element could be imDlemented rather auickly. · Hiahlv oraanic or muddv areas are Dresent in the UDDer reaches of the North Fork of the St. Lucie River. The North Fork sedimentation/muck removal needs should be included as Dart of the muck removal element or incorcorated into the North Fork Floodplain Restoration element. There is extreme shoalina in Ten Mile Creek. · The estimated location of manarove habitats in the North Fork have not been identified. . Treated waters reachina the North Fork and the Indian River Laaoon without re- contaminated. St. Lucie County comments, recommendations and questions are found below. Intearated Feasibility Report/Supplemental Environmental Impact Statement (lRL Plan) Abstract - The abstract omits the Natural Floodplain Restoration element as a principal feature of the plan. This is a critical element that should be fully implemented as part of the FinallRL Plan. This element provides for the restoration of the remaining natural wetland habitats along the North Fork of the St. Lucie River, which is the natural headwater of downstream estuaries. This element would result in the reestablishment of an estimated 324 acres of wetlands that have been cut off from the North Fork of the St. Lucie River as a result of early dredging activities by a local 298 District and the Army Corp of Engineers (ACOE) prior to the construction of the C Canals. The element will also complement existing efforts state, regional and local agencies to preserve and enhance the remaining natural areas along the North Fork, which have resulted in the protection of approximately 1,700 acres (since 1994) and the expenditure of approximately $1,000,000 towards the removal of exotic plant species. St. Lucie County urges the IRL team to recommend full funding of this element. The Draft IRL Plan abstract states that the plan will restore the St. Lucie River, however, funds for the planning and design and construction of the North Fork Natural Floodplain Restoration element have not been allocated in the implementation plan. Restoration of the estuaries will not be successful without the protection and restoration of their upstream '-" January 3, 2002 Page 2 ...., Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments headwaters, the North Fork of the St. Lucie River. The North Fork of the St. Lucie River provides a greater volume of flows to downstream estuaries than any other basin in the watershed, and its flows will increase under the northern diversion component of the IRL Plan. Page viii - The North Fork Natural Floodplain Restoration element should be included in the paragraph with muck remediation and artificial habitat. SECTION 1 - INTRODUCTION Description of the Study Area 1. The description of the study should be clarified to indicate that the Draft IRL Plan does not include the Coastal Area basin, which is a small basin in the northeast corner of St. Lucie County. 2. Figure 1-1 · It is not clear whether the North Fork of the St. Lucie River is within or outside the watershed. The map should be clarified and the boundaries of the North Fork basin clearly indicated. . The North Fork St. Lucie River is labeled but not shown. · The northeast Coastal Area basin should be labeled and noted as excluded. 1.3.1 Problems in Study Area 1. References to the St. Lucie River and St. Lucie Estuary basin/watershed appear to be used interchangeably. The plan should maintain consistency throughout the document. We suggest utilizing CERP and historic references to the basin as the St. Lucie River Basin (CERP, page 1-14). 2. Page 1-8, paragraph 3 -Includes a description of historic watershed modifications but does not describe the dredging of tRe Ten Mile and Five Mile Creeks and the North Fork of the St. Lucie River (North Fork). The North Fork (including Five Mile and Ten Mile Creeks) was the first significant dredging project in the basin that facilitated drainage of large areas and altered historic overland and riverine flows. The dredging of the North Fork, and its major tributaries, resulted in reducing historic floodplain wetlands and accelerated the flow of stormwater and harmful nutrients to the downstream estuaries and the Indian River Lagoon. Construction of the C-Canals further increased stormwater flows to the North Fork. 3. Page 1-11 - Habitats and species diversity... and Indian River Laqoon should be added. 4. Page 1-13 - paragraph 4. Local governments have also been active in implementation of environmental land acquisition programs that improve water quality through the enhancement and restoration of native habitats. 5. Page 1-13 - paragraph 5; IRL should be added between sister and tributaries for clarity. SECTION 2 PRE-DRAINAGE CONDITIONS 2.1.1 Flows There is a contradiction between the last paragraph on page 2-2 and the first paragraph on page 2-3 which describes the Allapatta Flats surface water flows. Please clarify. \r January 3, 2002 Page 3 ....., Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments 2.1.2 Inlets and Rivers Page 2-3 - This subsection should include a brief description of the St. Lucie River (North and South Forks) and the Fort Pierce Inlet. 2.1.3 Alterations caused by Drainage 1. Page 2-4, paragraph 1, last sentence - "Runoff into the middle SLE has increased substantially as a result of the construction of the C-23 canal". This statement should also include the C-24 canal. These two canal systems discharge into the estuary. 2. Page 2-5 - The description of C-25 should note that historically flows slowly made their way through natural wetlands from the C-25 basin area to the North Fork of the St. Lucie River and north into St. Johns Marsh. Drainage modifications in the C-25 basin altered the historic flows to the North Fork and St. Johns Marsh in northern St. Lucie County. SECTION 3 - EXISTING CONDITIONS 3.5 IRL and SLE Vegetation Page 3-5 notes that maximum depths are less and that highly organic or muddy areas are present in the upper reaches of the North Fork of the St. Lucie River. The North Fork sedimentation/muck removal needs should be evaluated as part of the muck removal element or incorporated into the North Fork Floodplain Restoration element. 3.6.1 Invertebrates Page 3-9 - The 1995 Ten Mile Creek Ecosystem Restoration Report noted that the blue crab population has been reduced in the North Fork. 3.7 Threatened, Endangered and Listed Species 1. Page 3-12 - The last sentence includes Endangered and Threatened plant species. The endangered Hand Fern, which is found on many sites along the North Fork, should be included. The list of threatened and endangered plant and animal species should be checked against the list of species identified in the North Fork of the St. Lucie River State Buffer Preserve Management Plan. 2. This section should address the North Fork of the St. Lucie River corridor that protects thirteen listed animal species, four endangered and ten threatened plant species. The corridor includes ten natural communities, including the globally imperiled scrub and state imperiled Blackwater Stream. 3.8.4 Surface Water 1. Page 3-15, paragraph 1, sentence1 - Strike "is" between ditches and intended. 2. The last sentence should note that discharges decrease salinity levels and increase nutrient loads, which are main factors for the decrease in Submerged Aquatic Vegetation (SAV) and benethic communities. 3. This section should include a discussion of the C-25 and the North Fork St. Lucie River, including Tidal Ten Mile Creek. 3.9 Water Quality '-' January 3, 2002 Page 4 ""'" Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments Page 3-18 - The last paragraph states that a reduction of freshwater discharges from the C-23, C-24, C-44 canal, North St. Lucie and Tidal St. Lucie (I believe this is referring to the South Fork) will significantly reduce pollutant loads to the SLE. Under the recommended plan, freshwater discharges to the North Fork St. Lucie River will increase. Stormwater Treatment Areas are expected to treat waters from the C-23 and C-24 basin to reduce pollutant loads and deliver treated waters this coastal river, but overall freshwater discharges will increase. The proposed conservation and restoration of the river's ox-bow's, floodplains, and shoreline will assist to reduce pollutant loads by increasing the river's historic natural water storage capacity and filtration functions. 3.11.1 Land Use Page 3-21 - The last sentence in the paragraph should be struck. St. Lucie County has over 50% of its barrier island shorelines and over 1,700 acres along the North Fork of the St. Lucie River in public ownership for conservation purposes. These areas are managed to protect and enhance native habitats while providing passive recreation opportunities. These public lands represent a significant portion of the County's ocean, lagoon and river shoreline that will not be developed for urban land uses. 4.2.6 Save Our River Program, Preservation 2000, and Conservation and Recreation Lands 1. The Preservation 2000 program has ended and the State is now preserving lands under the Florida Forever program. The SOR and CARL programs could be removed as the P2000 or Florida Forever programs fund them. 2. Page 4-12 - The last sentence of the first paragraph should indicate the number of acres the South Florida Water Management District (SFWMD) has acquired in the IRL Plan project area rather than district wide purchases. This section should indicate the number of existing and proposed conservation and acres in Martin and St. Lucie County (SLC). 3. Page 4-12 - The last paragraph, 5th sentence is incomplete. This paragraph should note that In 1994, St. Lucie County voters passed a $20 million dollar referendum to preserve lands targeted through the County's Environmentally Significant Lands (ESL) Program. The County has since funded the purchase of 6,000 acres including 960 acres along the County's barrier island that protects native habitats along the Indian River Lagoon and Atlantic Ocean. The program has assisted with the purchase of approximately 700 acres along the North Fork of the St. Lucie River and Ten Mile Creek shorelines. Lands proposed for conservation can be submitted to the County's Land Acquisition Selection Committee for review and consideration. Some of the lands targeted for restoration within the Natural Storage and Treatment Areas(NSWTA) component and the North Fork Natural Floodplain Restoration element are County owed lands. These include 136 acres along the North Fork of the St. Lucie River, the 3,285-acre Bluefield Ranch and the 746 acre St. Lucie Pinelands that have been purchased through the County's ESL program. The North Fork of the St. Lucie River is a high priority project for the St. Lucie County ESL program and funds have been allocated to assist with the preservation of additional lands along the North Fork corridor. '-' January 3, 2002 Page 5 'WI Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments SECTION 5 - PROBLEMS AND OPPORTUNTIES 5.2 Ecological Problems and Opportunities 1. Page 5-1, paragraph 2 -A discussion of the North Fork St. Lucie River dredging should follow the discussion of the C Canals. Suggested language -The dredging of the estuaries largest natural tributary, the North Fork St. Lucie River and its major tributaries, Five Mile Creek and Ten Mile Creek, has resulted in reducing historic wetlands in ox-bows and 'NotlandG floodplains that have been cut off from the main river channel and the creation of unnatural berms along the river shoreline. Dredging decreased the extent of the historic floodplain that served to slow and cleanse waters and accelerated the disposition of sedimentation in these natural waterways. Even though past activities degraded the river's historic functions it still maintains a wilderness character with native habitats that support numerous listed species along much of its shoreline. An opportunity still exists to regain much of the loss functions and values along this riverine/estuarine corridor. 2. Page 5-4, paragraph 1 - The last sentence and bullets address on-going efforts not under the purview of the CERP. This section includes shoreline restoration and mosquito impoundment and riverine floodplain reconnection as a project not under the purview of CERP. There is not a North Fork floodplain reconnection and shoreline restoration project that is developed, authorized and funded. The North Fork Natural Floodplain Restoration element is not an on-going project outside CERP purview. The addressing of this issue should be consistent with the CERP's integration with on-going projects and programs policy. The types of projects not implemented through CERP are critical and consistent with CERP but are to sufficiently developed to be considered as part of the CERP (CERP, Page 10-29). CERP examples included projects such as SWIM and the development of TMDL's. The North Fork of the St. Lucie River Conservation and Recreation Lands and Save Our River's project has been a high priority of local, regional and state agencies for several years. To conserve the functions and values of the North Fork of the St. Lucie River corridor, State land managers have continued to remove exotics and recently started a pilot project to reconnect wetlands to the main river channel. St. Lucie County and State land managers have worked to conserve and restore the North Fork through incremental projects that could be funded and carried out by these agencies. These small projects will provide some of the information required to implement the proposed North Fork Natural Floodplain Restoration element, but do not represent a sufficiently developed ongoing project or program as required for CERP exclusion. Only the efforts of St. Lucie County and the North Fork Aquatic Preserve and State Buffer Preserve managers to restore and enhance this important river corridor have been ongoing. In conclusion, there is not a North Fork shoreline restoration and riverine floodplain reconnection project that is authorized, funded and on-going project as defined in CERP. The IRL Plan North Fork Natural Floodplain Restoration element is essential to ensure the maintenance and improvement of the water quality of the North Fork and downstream estuaries. Restoration of the river's floodplain will also assist to accommodate additional flows to the upper North Fork that are proposed in the \.,f January 3, 2002 Page 6 Subject: Indian River Lagoon - South ~asibílity Study Draft Integrated Feasibility Report Comments northern diversion scenario. The North Fork Floodplain Restoration project should be fully funded and implemented as part of the FinallRL plan. 3. Page 5-4 last paragraph - This paragraph includes a list of the preferred selected plan components which includes the reconnection of floodplain forest along the North fork of the St. Lucie River, however the designs and construction of the floodplain restoration are not funded in the implementation schedule. All phases of this project should be funded and included within the implementation schedule. 5.3 Water Quality Problems and Opportunities 1. The first paragraph states, "there are small areas of Class II waters within the watershed". Unless there are Class II waters outside the northern portion of the IRL Plan this should note that the location of Class II waters are north of the Fort Pierce Inlet just south of Indian River County. I believe these Class II waters are adjacent to the Coastal Area basin that is not included within the IRL South Plan. 2. This section should address dredging in the early 1920's of Five Mile Creek, Ten Mile Creek and the North Fork of the St. Lucie River, which resulted in the loss of water storage and water purifying functions of the historic headwaters of the SLE. Through the proposed North Fork Natural Floodplain Restoration element much of the North Fork's lost water storage and water quality purification functions can be regained. 3. Comparison of pesticide concentrations in Ten Mile Creek with those found elsewhere in Florida revealed that in Florida, 258 ambient surface water samples have been analyzed for bromacil, 1425 for ethion, and 268 for simazine. For these three pesticides, the concentrations found in Ten Mile Creek were the highest ever detected. The greater SLE did not reveal the presence of the fourteen compounds detected in Ten Mile Creek (Ecosystem Management Report entitled "Pesticide Contamination in Ten Mile Creek", June 1995). Sufficient stormwatertreatment in the North Fork basin should reduce pollutant loads to the North Fork of the St. Lucie River and ensure contaminates do not reach downstream estuaries. 4. Muck/sedimentation removal upstream of the North Fork of the St. Lucie estuary should be addressed. 5.5 Enhance Ecological Values 5.5.1.1 Freshwater Flows Page 5-9, paragraph 1, 2nd sentence - "and natural waterways" should be added to the end of the sentence. 5.5.2.2 Flood Protection Although the goal of the North Fork Natural Floodplain Restoration element is to increase the health of the North Fork of the St. Lucie River and downstream estuaries the component will also increase the acres of floodplain storage along the North Fork of the St. Lucie River, and it's major tributaries, Ten Mile Creek and Five Mile Creek. 5.6 Watershed Ecosystem Restoration This section should recognize the importance of the North Fork Natural Floodplain Restoration element to reaching the restoration efforts ~ proposed within CERP and '-' January 3, 2002 Page 7 ....; Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments the IRL Plan. The restoration of natural areas along the North Fork of the St. Lucie River will restore some of the timing, rate, and water quality characters of the historic St. Lucie River that were lost as a result of dredging that was conducted during 1920's-40's. "With the exception of the Northwest Fork of the Loxahatchee (a wild and scenic river), the North Fork of the St. Lucie River is unique on the southeast coast of Florida" (FDNR, River's Assessment, 1990). The assessment states that "much of its floodplain has been preserved and the subtropical climate, the resulting vegetation mixture, and wilderness qualities combine to rnake the river distinctive, especially in the midst of major residential development". The large freshwater drainage flows from the extensive agricultural areas in western St. Lucie County transports runoff to the St. Lucie River faster than in the past. The St. Lucie River is the major breach that allows freshwater to flow to the Indian River Lagoon. The report states that protection of the floodplain and any remaining adjacent wetlands would allow natural filtering and protect the water quality. The North Fork of the St. Lucie is a Blackwater Stream, a rare natural community in the State. Blackwater Streams are characterized as perennial or intermittent seasonal watercourses originating deep in sandy lowlands where extensive wetlands with organic soils function as reservoirs, collecting rainfall and discharging it slowly to the stream. The tea-colored waters of Blackwater streams are laden with tannins, particulates, and dissolved organic matter and iron derived from drainage through swamps and marshes. Florida Natural Areas Inventory (FNAI) classifies Blackwater Swamps as imperiled in the state because of rarity or because factors making them very vulnerable to extinction throughout their range. The 1 0.6-mile segment of the river from the confluence of Five Mile and Ten Mile Creeks to approximately C-24 is designated an Outstanding Florida Waterway and State Aquatic Preserve. The proposed protection and restoration of the North Fork of the St. Lucie River shoreline, will further multi-agency efforts to protect and enhance native habitats and improve the water quality of this important waterbody. The North Fork is also a significant natural resource providing open space and recreation for a large population. 1. Page 5-17 - the paragraph carried over from previous page, sentence 1. FNAI has also identified areas adjacent to Ten Mile Creek that should be added to the North Fork St. Lucie River CARLlSOR project. FNAI also requested the addition of 200 acres in Martin County as part of the Bluefield Ranch CARL proposal. The subject 200 acres within Bluefield Ranch are being restored as part of a private wetland mitigation bank. 2. The second paragraph regarding the three distinct ecological corridors should be modified as follows: The majority of the Cypress CreeklTrail Ridge NSWT A complex is part of the Everglades to St. Johns Marsh corridor. Only a small portion Gust over 5,000 acres) of the 32,639-acre Cypress CreeklTrail Ridge complex is located along the eastern edges of the hydric forest in the Allapatta Flats. This portion of the complex is adjacent to the proposed C23/C24 southern reservoir. ~ January 3, 2002 Page 8 ""'" Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments 3. The third paragraph describes the second significant corridor. This corridor is linked to the North Fork and Indian River Lagoon via the St. Lucie Estuary. The North Fork of the St. Lucie River is an ecological and recreational corridor extending over 12 miles, from Ten Mile Creek to southern St. Lucie County. The Indian River Lagoon Blueway/Greenway is another important ecological corridor in the region. This corridor extends through the five County Indian River Lagoon region. SECTION 6 PLAN FORMATION 6.2.3.2 Natural Flow Distributions 1. There are several differences between the Science Sub-team's description ofthe pre- drained watershed and the Natural System Model, as described in the IRL Plan. 2. The second paragraph on Page 6-5 notes that natural flow characteristics are critical in sustaining the full native biodiversity and integrity of aquatic ecosystems. The health and characteristics of the North Fork of the St. Lucie River, which provides the greatest volume of flow to downstream estuaries, and will receive increased flows under the proposed plan, should be a priority restoration feature of the IRL Plan. 3. Figure 6-1, Page 6-6: IRL - South Basin Flow Distribution · The map's title should include Natural System Model (Pre-Development) Flow Distributions to indicate the source of the distributions. · The map should include the direction of flows in the entire C-44 and South Fork basins as well as the C-25 basin, if available. 6.2.4.1: Conclusions of Single Purpose Plan Activities Potential Solution set of Components: Page 6-8, the components selected for use in the future alterative development did not include the North Fork Natural Floodplain Restoration, Muck Removal or Artificial SA V , which were a recommended part of the plan. 6.2.4.5 Flow Diversion This subsection states "analysis indicates that flows into the river through C-23, and to a lesser extent through C-24 should be redirected". The subsection refers the reader to Appendix A, but analysis of damaging flows was not found in Appendix A. According to Strom, both of these canal systems discharge into the mid-estuary, where maintaining a natural salinity gradient is most important (Strom, 2000). Given Stroms findings the C-24 and C-23 discharges are equally damaging and should be treated equally. If the analysis is available that indicates outfalls from C-23 are more damaging than flows from C-24 the documentation should be provided in the FinallRL Plan. 6.2.6.3 North Fork Floodplain Restoration St. Lucie County is concerned that the North Fork Natural Floodplain Restoration (also referred to as Natural Area Restoration in some sections of the IRL Plan) element is a recommended part of the feasibility study while the ''the reconnection aspects of the component require further investigation prior to implementation". All features of the IRL plan require further investigation prior to implementation. The level of available detail for the proposed North Fork Natural Floodplain Restoration element is as great and in most cases greater than most features of the plan. '-' January 3, 2002 Page 9 'wi Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments This section also notes "other agencies, federal, state, and local are expected to complete the work." St. Lucie County has worked to preserve and enhance the North Fork for many years and is not aware of an agency that has come forward to carry out this critical restoration project. The final explanation for the exclusion of this restoration element is that the restoration effort will require site-specific investigations, and additional modeling to assure that the existing flood control constraints are maintained. The same level of information is required for other features of the plan. There is a great amount of site- specific information on existing public owned lands along the North Fork as a result of its Aquatic Preserve and State Buffer Preserve designation. As lands are acquired, additional site-specific information can be acquired. Flooding along the North Fork will not increase and additional studies, as required by other features, (reservoirs ect.) can design the project to maximize ecological benefits while minimizing any potential negative impacts, such as flooding. In fact the implementation of this element should assist to offset the risk of flooding from other plan features. As we understand, this level of the Draft IRL Plan does not include the technical data required to fully implement the IRL plan features (IRL Plan, page 8-27). Implementation of the North Fork Natural Floodplain Restoration element will require additional information and detailed designs as required by other components of the IRL Plan. As noted in the IRL recommended plan "the construction features were designed at various levels of detail based on information available during he study". In some cases the preferred site is located but the precise location of the proposed feature is not known. In the case of the North Fork. manv ofthe Darcels to be restored are alreadv in Dublic ownershiD and efforts to acauire addiJional Darcels are continuina. St. Lucie County strongly supports and urges full funding to implement this element. The restoration of the wetlands and shoreline along the North Fork are critical steps towards improving the health of the freshwater river and maximizing its remaining natural wetlands functions. This element will also enhance habitats for numerous listed species that utilized the fresh and brackish waters of this Blackwater River, including the endangered manatee. Tho r.oGulting restoration will pro'lide an ::Jdditional ð24 ooros of floodplain wetlands to store, slo\'/ and Ðloonso inÐroosod flows divertod through the northorn aivoreion Ðomponont of tho Draft IRL Plan. The implementation plan provides funds for the acquisition portion of the North Fork Natural Floodplain Restoration element but not the design and construction costs. The project is site specific and there is meFe existing information on the habitats and restoration potential of the North Fork St. Lucie River, which is designated and managed as a State Aquatic Preserve and State Buffer Preserve, that most sitoe 'I.'ithin tho IRL Plan. A detailed documentation of the proposed element is provided within Appendix E. Preparation of the Estuary sub toam North Fork restoration plan (which was prepared for the IRL Plan as part of the Estuary sub-team efforts) was primarily the responsibility of the managers of the North Fork St. Lucie River Aquatic Preserve and State Buffer Preserve. As with other features ofthe plan, this element will be subject to the adaptive assessment methods and should be modified as indicated by future studies and findings to provide the maximum extent of restoration along the North Fork riverine/estuarine corridor. '-' January 3, 2002 Page 10 ~ Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments St. Lucie County urges the IRL team members to include the full complement of the North Fork Natural Floodplain Restoration element within the FinallRL Plan. The explanations given within the plan for not including this element in the plan are not justified. The North Fork is the largest natural tributary and provides the greatest volume of flow in the watershed to the SLE and ultimately the IRL. Protection and restoration are not only important to the maintenance and enhancement of the innate characteristics of this unique Blackwater River, but also will is critical to protect and enhance downstream estuaries, including the IRL. The North Fork State Buffer Preserve includes wetlands such as basin marsh, tidal swamD. hvdric hammock, floodplain forest. and slouahs that encomDass at least 500 acres. Upland communities such as scrub. sandhill. and Dine flatwoods encomDass at least 400 acres. The North Fork Aauatic Preserve contains aDDroximately 5.000 acres. This separable element is fully supported by the USFWS (IRL Plan, page 7-10). The USFWS finds that the freshwater and oligohaline zones in upstream portion of the North Fork are vital to certain life stages of species in the SLE and contribute to its high diversity. The proposed North Fork restoration plan will improve the conditions and habitats for fish and wildlife species that utilize these coastal waters. "Just as the restoration of water quantity in proper volumes and timing to the Everglades is the cornerstone of Everglades restoration, the commission believes that the natural system can only be restored through the supply of clean rainwater and surface water from upstream marshes, river, slough and Lake Okeechobee" (CERP, page 6-24,1999). A land acquisition program for the remaining wetlands is needed immediately to ensure their values are protected and restoration opportunities are not precluded. (CERP, pg. 6-28). 6.3.2.4 Watershed sub·team Alternative Evaluations 1. St. Lucie County supports the consideration of natural area connections when designing canal alignments and that canal levels be maintain high enough not to lower ground water in surrounding areas. The new or modified canals should be used to enhance the water level on adjacent natural areas, where possible. 2. The C-23/C24 South reservoir and canal are adjacent to the eastern edge of the Cypress CreeklTrail Ridge complex and may enhance the restoration of adjacent natural areas. If feasible, a large flow-through marsh rather than a newly construction canal around the reservoir could improve water quality and provide greater ecological benefits than the standard canal designs. Designs that utilize more passive facilities and enhance adjacent lands should be considered. Page 6-48 - Table 6-18 combines Alternative 5 and the Preferred Plan while Table 6-1 include these as separate alternatives. This should be modified for consistency or clarified. Section 7 Environmental Effects 1. Page 7-1, first sentence. This section should also reference riverine environmental resources, which have also been considered under the plan. ~ January 3, 2002 Page 11 ....",; Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments 2. The environmental effects of the North Fork Natural Floodplain Restoration element were not addressed within this section. This element should be addressed and included in the FinallRL Plan. 7.5.2.4 Estuarine Vegetation Changes Attributed to Muck Removal Under this heading the North Fork Natural Floodplain Restoration and Submerged Aquatic Vegetation elements are described. They should be included within the title of this subsection. 7.6 Fish and Wildlife 1. This section does not address the North Fork Natural Floodplain Restoration element. Benefits to fish and wildlife that would result from this element should be addressed. 2. This section should also address effects on freshwater fish and wildlife. 3. This section should address the North Fork of the St. Lucie River corridor that protects at least thirteen listed animal species, four endangered and ten threatened plant species. The corridor includes ten natural communities, including the globally imperiled scrub and state imperiled Blackwater Stream. 7.6.5 Estuarine Fish and Wildlife Environmental Impacts and Benefits This subsection should include a statement regarding the impacts and benefits of the North Fork Floodplain Restoration project on fish and wildlife. 7.7 Threatened and Endangered Species 1. St. Lucie County concurs with the position that proposed natural restoration areas to the west would only remain if they were purchased now and added to the project. Based on the plan's assumptions, it is likely that if the groves are purchased first, they will relocate to the natural areas in western St. Lucie County. 2. This section should address the North Fork ofthe St. Lucie River corridor that protects thirteen listed animal species, four endangered and ten threatened plant species. The corridor includes ten natural communities, including the globally imperiled scrub and state imperiled Blackwater Stream. 7.8.5 Alternative Comparison: Nutrient Loading and Treatment 1. Page 7-20 - The statements that a total phosphorus target has not been formulated for the C-25 basin and C-1 basin is inconsistent with the performance measure target for phosphorous found on page 6-24. Based upon the estimated 10% total phosphorus reduction from the future without project levels, the level of phosphorus after implement of the recommended plan would be sufficiently greater that the performance measure target found on Page 6-24. Please modified as needed or clarify. If in fact only a 10% reduction is obtained in the C-25 and C-1 basins, additional improvements should be included to further reduce pollutant loads in this basin and to move closer to reachina the Derformance measure tareet transports pollutant loads diroctly to the Indian Rivor Lagoon. The Comprehensive Everglades Restoration Plan (CERP) provided 12,800 acres for storage within the C-25 basin. Additional stormwater treatment facilities should be provided to further reduce loads that outfall directly to the Indian River '-' January 3, 2002 Page 12 ...." Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments Lagoon. Natural Storage and Treatment Areas should also be considered in the C-25 and C-1 basin§,. 7.11.1 Fiscal Impacts - This section should note tAat-the loss of tax revenue from Natural Storage and Stormwater Treatment Areas in Okeechobee County and that they are expected to be offset by the increase in eco-tourism ect. 7.12.11 Environmental Commitments St. Lucie County concurs with the U.S. Fish and Wildlife Service (USFWS) Draft Coordination Act Report and Section 7 Threatened and Endangered species coordination recommendations with the exception of Recommendation 8. St. Lucie County requests that if the selected natural areas cannot be purchased or are eliminated from the component that the following sites within underrepresented basins of the C-24, C-25 and the North Fork be added. Any newly identified degraded natural area sites in these basins should also be considered as part of the NSWT A component. . Allapatta Flats North · North Savannas Marsh and Flatwoods (North Savannas SOR Project) · Round Hammock - a mitigation bank proposed for location on the east side of this site is under review by the SFWMD. St. Lucie would support the addition of the C-23 Corner natural areas as proposed by the UFSWS, the addition of this site will fill a gap in the St. Johns Marsh to Dupris Reserve wildlife corridor. 1. Recommendation 12: St. Lucie County strongly supports an assessment of the flows velocity and potential impacts downstream of the northern diversion. A stream model of the North Fork St. Lucie River should be developed to assess the post diversion condition of habitats and species. Response 12 does not address the recommendation. The recommendation is regarding diversion from the C-23/C24 rather than the Ten Mile Creek critical project. 2. Recommendation 14: St. Lucie County supports this recommendation and believes that much of the requested detailed inventory and existing ecological conditions of oxbow reconnection areas may be available from the Florida Department of Environmental Protection who manages the North Fork of the St. Lucie River Aquatic Preserve and State Buffer Preserve lands. 3. Recommendation 19: St. Lucie County strongly concurs with this recommendation. A modeling assessment of the freshwater areas of the North Fork and Ten Mile Creek should be conducted (to Gordy Road Structure). St. Lucie County is also concerned about future habitat conditions in the North Fork and requests a stream model and a biological assessment of this area be conducted. The IRL Plan components should be designed and operated to improve conditions in the tidal portions ofTen Mile Creek and the North Fork. The USFWS states that these portions of the watershed are vital to certain life stages of species in the SLE and contribute to its high diversity. 4. Recommendation 20: Woodstork's, an endangered species, are also found in the watershed and their protection should be provided for during construction. 5. Recommendation 31: Three private wetland mitigation banks and one public bank (St. Lucie County) are in various stages of development. The Platt's Creek Mitigation Bank is located on the banks of the North Fork and a minor tributary, Platt's Creek. St. Lucie '-' January 3, 2002 Page 13 'wi Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments County has purchased a 102 acre citrus grove, 86 of which will be restored through the mitigation bank process, with the remaining 16 acres utilized to provide a stormwater treatment area to an untreated basin along the North Fork. The SFWMD permit forthis bank is currently under review. One private wetland mitigation bank was recently permitted in a portion of the Cypress CreekfTrail Ridge NSWTA component. The proposed bank is adjacent to 3,285 acres currently owned and managed by St. Lucie County for conservation purposes. A second private mitigation bank is currently under review by the 5FWMD. This bank is located on the east side of the proposed Round Hammock NSWTA. A third private mitigation bank is currently in the discussion stages. These banks are expected to complement and further the IRL Plan goals and objectives. SECTION 8 RECOMMENDED PLAN Page 8-2, Figure 8-1, Indian River Lagoon - South Feasibility Study and Supplemental Environmental Impact Statement Recommended Plan. 1. 5t. Lucie County strongly supports the inclusion and full funding of the North Fork Floodplain Restoration element in the FinallRL Feasibility Study and Implementation Plan. 2. A portion of the southernmost lands within Component 10 (Cypress CreekfTrail Ridge Complex) has been acquired by St. Lucie County and is being restored as wetland mitigation areas by private parties. A private Wetland Mitigation Bank was granted a Mitigation Bank Permit from the SFWMD in November 2001 to restore the adjacent lands, which are partially located in Component 10. If these sites are removed from the Cypress CreekfTrail Ridge Complex, St. Lucie County request lands within the sites identified on page 11 of this memo be added to the IRL Plan. 3. Several properties within the Palmar Complex of the C-44 basin are with Basin 2 or the South Fork basin. See Watershed Plan and analysis. These include the Atlantic Coastal Ridge and portions of the Monreve properties. Does the entire Atlantic Coastal Ridge complex outfall into the South Fork of the 5t. Lucie River? Do all outfalls from proposed restoration lands south of the C-44 reach the 5LE? Are benefits to the SLE derived from the restoration of these sites? 4. A portion of the Allapatta Complex is located within the C-44 basin rather than the C-23 basin. This should be noted in the description of this complex. 5. The location of the natural area restoration complexes should be clarified to ensure the water storage and water quality benefits derived from this component are directed to the basin receiving those benefits. Descriptions throughout the plan should be modified to indicate the correct basin(s). 6. Page 8-31 has a misspelled word. Natural Flood Plain (rather than plan). 7. Muck/sedimentation removal should be addressed in the North Fork and Tidal Ten Mile Creek. 8.1.2 C-23/24 Basins 8.1.2.1 "C-23 Reservoir" 1. The title of this subsection should be changed to C-24 reservoir or C23/C24 reservoir. The reservoir is located within the C-24 basin. \..;' January 3, 2002 Page 14 ...., Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments 2. The average phosphorous level of waters when released from the ST A should be included in the description, as within the C-44 descriptions on page 8-3 and 8-4. This should be stated within the description for all basins. 3. Pasturelands on the west side of the southern C23/C24 reservoir are within St. Lucie Pinelands portion of the Cypress Creek/Trail Ridge NSWT A area. 4. If lands within the Allapatta Complex are within the C-44 the calculated benefits derived from this component should be directed towards the C-44 basin? If some of the benefits are to the C-44 rather than the C23/24 complex NSWTA benefits to the C23/C24 basin will be less than expected. 5. This section should address the load reductions at C-23 and C-24 outfall points to the North Fork estuary. It should also address load reductions to the North Fork at Gordy Road outfall. 8.1.2.2 C-23 South Reservoir - This should be C-23/C24 Reservoir. This component is adjacent to the NSWT A Cypress Creek/Trail Ridge Complex. Seepage waters from the reservoir could benefit wetland restoration efforts. An additional stormwater treatment facility should be considered in the eastern portion of the C-24 basin to treat waters closer to their outfall to the North Fork estuary. 8.1.2.4 Allapatta Complex - The description should correctly note the complex's location within the C23 and C44 basins, not the C-24. Based on rough estimates approximately 13,000 acres are within the C-44 basin. 8.1.2.5 Cypress Creek Complex 1. This complex is identified elsewhere as Cypress Creek/Trail Ridge Complex. The name of the complex should be consistent throughout the document. This complex is correctly described as being in the C-23/C24 basins. Approximately 10,000 acres of the Cypress Creek Complex are within the C-24 basin. An estimated 22,000 acres are located within the C-23 basin. This complex primarily consists of the V-2 Ranch, Cypress Creek (the creek itself is within the project boundary), St. Lucie Pinelands and Trail Ridge. The C23/24 South reservoir is proposed for location adjacent to the eastern boundary of this complex. Pasturelands adjacent to east side of the southern C-23/24 Reservoir should be evaluated for restoration through the NSWTA concept. Pasturelands on the west side of the southern C23/24 reservoir that are within St. Lucie Pinelands portion of the Cypress Creek/Trail Ridge NSWTA area should be acquired before or in conjunction with the C23/24 reservoir lands. The Cypress Creek complex also extends into the Okeechobee County portion of the C-23 basin; this should be referenced in descriptions of the complex. The acres within Okeechobee should be noted. 2. The figures of this complex, on page 8-10 should be modified to correctly identify the boundaries. The figure includes Evans Grove within the complex. The Dortion of the CVDress Creek/Trail Ridae comDlex extendina into Okeechobee County is not shown. The maD should be modified to include the Dortion of the V-2 ranch th~t extends into Okeechobee and omit Evans arove. ~ January 3, 2002 Page 15 "'" Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments 8.1.3.1 C-25 Reservoir and Stormwater Treatment Area - A figure of the proposed C-25 facilities should be included within this section. What is the basin reduction in loadings to the IRL? The P and N levels should been reported as requested above. 8.1.3.3 North Fork Floodplain Restoration - The elements title should be consistent through out the document. The last sentence should be deleted and a description of the proposed acquisition and restoration requirements ofthe element should be provided. The North Fork Floodplain Restoration Plan produced and reviewed by the IRL Study team included approximately 55 miles of main branch riverfront between the mid-estuary and the upper reaches of Ten Mile and Five Mile Creeks. Dredge spoil was confirmed to occupy roughly 8.9 miles or 16.2% of the 55 miles. The restoration would create 324 acres of re- connected wetlands through spoil breaching and 25 oxbow endpoint connections. 8.2. Operational Modifications 1. The second paragraph references flows directed to the C-23/24 ST A for the northern diversion but do not reference the southern diversion. Also, please note the acre-feet diverted to the North Fork. 2. The third paragraph references significant reductions in flows to the C-23 and C-24. The percent of flows form each basin diverted to the southern division and the northern diversion should be noted. 3. The fourth paragraph is not relative and should be removed. Natural systems included flows to creeks downstream of the C-23 and C-24 canal. According to the Science Subteam's historical description of the watershed there were SE and SW flows form the C-23 basin. 4. The last paragraph is a repeat of paragraph four and five. The paragraph should be deleted. 5. Pace 8-14 - The last oaracraoh should be modified to indicate that flows from the C23/C-24 are directed to the southern diversion comoonent. Table 8-2, Page 8-21 - The table should include the construction costs of the North Fork Floodplain Restoration element. Plan Formation and Evaluation Appendix A Multi-Purpose Alternative Plans The North Fork and Ten Mile Creek seem to be used interchangeably among the tables of analysis within the Alternative Analysis and Plan Formation sections. Please consistently use the North Fork basin label; Ten Mile Creek (TMC) is a sub-basin ofthe North Fork. The North Fork should replace the TMC label, where used. Throughout the evaluation of alternatives the Ten Mile Creek reservoir is included as a reservoir/ST A for alternative analysis. The alternative analyses are compared to the 2050 base (or without project conditions). Since Ten Mile Creek is within the 2050 without plan it should not be included within each alternative (IRL Plan, Section 4.2.5, Page 4-9). 1. Methodolocv for Develooinc Scenario, Pace A-7 - The CERP acreaae by basin shoul!;! '-" January 3, 2002 Page 16 ...; Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments be indicated and the table clarified. 2. Paae A-7 - This Dace orovides a table indicatina the TaraetWPAAcres Per Basin. The ~Qrth Fork and C-25 basins are substantially below taraets shown in the table. as well as that orooosed bv CERP. 3. Paae A-1 O. Distribution vs. Aaareaated Storaae - The first sentence should be modified to indicat~ ~be two maior basins contribute flows directly to the Indian River Laaoon. rather than C-25 and the Fort Pierce Inlet. 4. Paae A-16 - Comoonent North Fork Oxbow Reconnection. The Estuarv sub-teams aooroved oroiect plan shoulçf be included. 5. Paae A-22 indicates that Alterative 6. which included habitat restora~ion alona the North Fork. was in the estuarv subteams oreferred plan and was ultimatelv used for the IRL Feasibility Preferred Plan. Other areas of !he document indicate that the North Fork restoration is not imolemented throuah the recommended IRL Plan. 6. Paae A-33, North Fork Floodplain Restoration - The obiective of the Estuarv sub-teams plan has been modified in other sections of the IRL Plan in a manner th¡;¡t is inconsistent with the oriainal Rlan. 7. The full North Fork Restoration olan should be added to the Estuarv Subteam Aooendix. 8. Page A-40 Mimic Natural Delivery of Freshwater Flows - This section could also indicate the potential and benefits in providing more natural deliveries through the diversion of C-25 waters to the NFSLR via Five Mile Creek. 9. C-25 and Basin 1 Plan. Paae A-68 - The Estuarv sub:team's analvsis of C-25 and Basin 1 established oreliminarv taraets for theses basins: 5.390-acre STA for C-2~ waters and a 1, 1 ~4 acre ST A for Basin 1. This level of treatment was to remove the 1 s inch of basin runoff. which removes 90% of the oollutants. The team also taraeted restoration of Tavlor Creel<, Janicki recommended wetland dehvdration of 500 acres of hvdric flatwoods in the extreme east end gf the Basin 1 owned bv St. Lucie County Airoort authoritv. The ootimal treatment orovided within CERP should be orovided to offset imoacts to the "most oristine oortion of the most diverse estuarv in North America" Pesticide contamination detected in the sediments of C-25 are amona the highest detected in the entire IRL basin /Water Qualitv Subteam Reoort. oa. A-127t 10. Page A-235 - This page refers to the 1995 base conditions, however it does not reference where the 1995 base information can be found. Please include this reference to assist reviewers. 11. Page A-257 - Ten Mile Creek should be removed from the list of components in Alternative 3. Ten Mile Creek is within the 2050 Future without project analysis. 12. Page A-267 - Alternative 4, this section should address the North Fork diversion and the load reduction goals used as a target for waters entering the North Fork. 13. Page A-280 - Remove Ten Mile Creek from the Alternative Analysis because it is part of 2050 plan without project plan. 14.Page A-289 - The table is labeled incorrectly. It should indicate Alterative 5 features rather than Alt. 4. As shown it is a repeat of Alt 4 features that are shown on pageA- 267. 15. Page A-290 - The list of features on this page omits C23 to South Fork diversion. 16. Objective/Constraint Profile #4: North Fork Oxbow Reconnection '-" January 3, 2002 Page 17 """ Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments Page A-314 states that funding for planning the entire North Fork corridor (topographic, historic flows, ect) is pending. We are only aware of a cooperative grant of $200,000 from Federal and State sources that will assist in planning a portion of the required restoration along the North Fork. This level of funding is not expected to fund the required comprehensive planning of the North Fork of the St. Lucie River. Page A-314 states that "portion of the preserve and other natural areas within the remnant floodplain do not contain recognized buffer zones suitable for full protection of the wetland communities found along the river. The author cites a 1989 study as the recognized buffer zone and concludes that optimal ecosystem functions protection is not afforded the North Fork. This document was published and should be referenced as "Brown, M.T., J. Schaefer, and K. Brandt. 1990. Buffer Zones, for Water, Wetlands and Wildlife in East Central Florida. Center for Wetlands Publication 89-07. University of Florida, Gainesville. Although staff has not had the opportunity to review the quoted document, staff believes that the buffers proposed wildlife within this document were intended to assure adequate native plant communities for wildlife corridors, including larger animals that are not expected to utilize the North Fork riverine/estuarine corridor. There is adequate food and forage for wildlife at various sites along the North Fork and Ten Mile Creek, including over 300 acres (at two sites) of predominately flatwoods and scrub managed by St. Lucie County and hundreds of acres more that are managed by the Florida Department of Environmental Protection as part of the North Fork State Buffer Preserve. Future acquisitions are expected to increase these upland buffers through acquiring the landward extent of native plant communities along the North Fork of the St. Lucie River, and its major tributaries, that remain in private. There is adequate cover and forage areas available to accommodate the species that utilize the North Fork corridor. As shown below various authors have attempted to define the recommended width for vegetated riparian zones, which a recent author has called "arbitrary". According to a recent publication by the Ohio State University, land use changes on the landscape often increase the magnitude and frequency of discharges, encroaches on the floodplain, and/or reduces the vegetation on the active floodplain and adjacent terraces. The impact of these changes on the stability, ecological function, and general health of the river system is very site-specific and requires detailed analysis by experts. Efforts to establish simple universal river corridor protection guidelines/requirements are often arbitrary (see Table 1). For example, a narrow floodplain with steep side slopes will have deeper flow depths with more energy than discharges in a broad floodplain with flatter side slopes. Also, streams in easily erodible soils might have more natural meander migration than streams in less erodible soils (Floodplain Size to Protect Stream Health, Ward, August, 2001). '-' January 3, 2002 Page 18 ...,.¡ Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments Table 1. Some recommended widths for vegetated riparian zones. Function Study Relevant Details Width (feet) Riparian Habitat Areas Washington State (2001) Fish and Wildlife based 150-250 or on review of nearly 1 OO-year floodplain 1500 articles Wildlife Protection Rabeni (1991)' Fish, amphibians,birds 25 - 200 Cross (1985)' Small mammals 30 - 60 Brown el al. (1990) I Provision offood water, 300-600 cover Water-Quality Ahola (1990)' General Improvements 160 Pinay & Decamp (1988)' As above 3-6 Correll & Weller (1989)' Nitrate control About 60 Sediment Control Pete~ohn & Correll (1984)' Nutrient Control About 60 Bank Stabilization Ontario Ministry of Agricultural ditch bank 10 Agriculture (1998) stabilization Urban Stream Buffer Schueler (1995) Survey of 36 buffer 20-200 proarams 1. As cited by Large and Petts (1994). 17. Reptilian and Amphibian communities: This section could reference alligators, which are commonly found in the upper North Fork. 18. Decision Criteria: States that restoration of the salinity envelope in the entire basin will dictate the presence of tidal swamp species such as mangroves within the system. This indicates that there may be a loss of mangroves along the North Fork riverine/estuarine corridor. Over the last 15-20 years mangroves have receded from there location at Midway Road when the river was designated a State Aquatic Preserve. The salinity changes to the North Fork should be determined and a healthy mangrove population retained to at least Prima Vista Boulevard, which is approximately the currently level of coverage. 19. Sponsor: This section indicates that potential funds are available from the ACOE for river restoration. Are the funds expected to be from the IRL Plan or other program? Are there other programs that can fund other components of the I RL Plan? The only long- term sponsor of this project has been the Florida Department of Environmental Protection, Division of Marine Resources and there are no future funding assurances for the implementation of restoration along the North Fork. This is an important natural area restoration project, which should be sponsored by the ACOE and the SFWMD as an important element within the IRL Feasibility Study that meets all goals and objectives of the plan. With the assistance of the 8FWMD the remaining natural lands along the riverine corridor can immediately be acquired to ensure they will be available for full restoration through the IRL Plan. 20. Objective/Constraint Profile #6: Amount of Treated Water Delivered to Estuary - 81. Lucie County has concerns regarding the conveyance systems for treated waters that are to be delivered to the North Fork of the S1. Lucie River and the Indian River Lagoon. 21. Paae A-365 - The Summarv of Water Qualitv modelina results should be modified to allow the reader to easilv identifY the conditions bv basin. The NSWTA should be evaluated within their resoective basin to indicate the total imorovement in each basin. ~ January 3, 2002 Page 19 """ Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments 22. Page A-367 - The spread should include North Fork of the St. Lucie River rather than Ten Mile Creek. 23.11. A.7 Regional Evaluation of Indian River Lagoon Scenarios and Reports - this section only address Lake Okeechobee, C-44 and the SLE. The IRL and North Fork of the St. Lucie River should be addressed in this section. Enaineerina Desian and Modelina - Appendix B The Engineering Design and Modeling section should include a description of the North Fork Floodplain Restoration project. Appendix B.3 Hydraulic Design - C23/C24 Basin 1. Page B-58, The first paragraph indicates that C23/C24 waters released to the Header Canal may be routed north to C-25. Waters should not be directed to the C-25 basin for outfall to the Indian River Lagoon which receives excessive freshwater from Basin 1 and C-25. Operational plans should prohibit the release of C23/C24 waters to the C-25 canal for outfall into the Indian River Lagoon. 2. Page B-58 states that waters from Header Canal may be routed to Ten Mile Creek via Canal No. 71. This section should indicate the distance between the STA outfall point and the Ten Mile Creek waters. What modification will be made to Canal NO.71 system to ensure treated waters reach its outfall to Ten Mile Creek without collecting pollutants between the STA and Ten Mile Creek? 3. Provisions should be made to ensure that treated water from the northern C23/C24 STA reach Ten Mile Creek. If modifications are not proposed to the canal systems to ensure the treated waters from the STA reach Ten Mile Creek outfall, a conveyance system, between the STA and Ten Mile Creek that can transport clean waters should be considered. What is the expected Phosphorus and Nitrogen levels after release from the ST A and what are they expected to be at the Gordy Road outfall? The same concerns apply to the C-24 discharges. An ST A on C-24 in close proximity to its outfall point should be further considered to reduce the distance that treated waters are transported to their outfall point in the North Fork. Hydraulic Design - Natural Storage and Water Treatment Facilities 1. Page B-83 through B-85 - This section should address the natural storage and water quality treatment areas, muck remediation and artificial habitat creation. A description of the North Fork Natural Floodplain Restoration element should also be addressed. 2. B.5 indicates that the Atlantic Ridge is a separate natural water storage and treatment area. The Atlantic Ridge is shown as part of the Palmar complex in other portions of the plan. This should be modified to maintain consistency. Appendix Section B.8.4 . Water Management Plan for the C23/24 Basin 1. Page B-92 - This section does not provide for base water supplies to the North Fork. Base flows to the North Fork should be met before the withdrawal of waters for agricultural uses. 2. Will waters from the C-23 Canal be directed to the southern C-23/24 STA (assuming capacity is available) prior to pumping C-23 waters to the C23/C24 Reservoir/STA facility? "'" January 3, 2002 Page 20 .....,¡ Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments 3. Can water from the Ten Mile Creek basin be pumped to the C23/C24 reservoir or STA? Table 8.10.1, Page 117, Indian River Lagoon Impoundment Matrix for Dam Definition 1. The acres within this table are inconsistent with the recommended plan acreages. 2. This matrix should not include the Ten Mile Creek reservoir because it is part of the 2050 Base without project plan. The storage provided by that critical restoration project should not be afforded to the IRL plan. Figure 8.11-1 Indian River Lagoon Feasibility Study and EIS Components. To maintain consistency with CERP the components should be referenced basin by basin as identified within CERP. CERP identified approximately 11,800 acres of storage within the North Fork basin (CERP, 1999, Page A4-36). However, unless the North Fork Natural Floodplain Restoration element is fully implemented there will be no storage provided within the North Fork basin as part of the IRL plan. Appendix 8.15 (Page B-153) is blank - I believe this should include the modeling results of each performance measure. The performance measure analysis should include the average annual load of Phosphorus and Nitrogen at the outfalls of Gordy Road, C-23 and C-24? Will water quality standards for the Class III waters of Ten Mile Creek and NFSLR be met at Gordy Road? What about the C-23 and C-24 outfalls into the North Fork? Appendix B, Attachment B - The C25/Basin 1 1. This analysis excludes the Coastal Basin, which includes the North Savannas area and historic headwaters of the natural Taylor Creek that flows south to merge with Basin 1 waters prior to outfalls to the IRL. This area should be evaluated to determine if Basin 1 waters could be treated and redirected to establish more historic flows in and through Taylor Creek. 2. Re-establishing historic St. Johns Marsh connections should be evaluated. Although, reestablishing this historic connection is not part of the South IRL Plan, the reestablishment of historic St. John Marsh flows could benefit the IRL and should be considered as part of the IRL North Feasibility Study. The Turnpike canal could be evaluated for its potential to transfer historic flows. Appendix B, Attachment C - Natural System Model 1. 2.3 Topography, insert the word on between based and available. 2. The map of the Natural System Model should indicate the direction of flows in the C-44 basin (including south C-44), C-25 basin and the South Fork basin. Appendix B, Attachment D - Watershed Flow Targets Modeling PAGE B-D-13 - the last paragraph notes that very large flows now enter the estuary through the C-23 and S-80(SF). C-24 flows should also be included in this statement as their outfall point is into the estuary. According to Strom, both of these canal systems discharge into the mid-estuary, where maintaining a natural salinity gradient is most important (Strom, 2000). The following page (B-D-19) notes that the effects of spatial distribution on salinity within the estuary lessens as one moves downstream in the estuary '-' January 3, 2002 Page 21 '....,/ Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments and thought to be negligible downstream of Roosevelt Bridge. Given that C-24 outfall point is towards the northern end of the estuarine water, massive outfalls at the C-24 are as disruptive as those from C-23. The C-24 basin waters should be provided at least the same level of diversion and water quality treatment as waters in the C-23 basin. Appendix B, Attachment F This section notes that the next phase of the Indian River Lagoon/Fort Pierce modeling effort is the simulation of water quality. St. Lucie County strongly endorses completion of the water quality modeling effort and the modification to the C-25 basin components to further reduce the quantity of sediments and nutrients reaching the Indian River Lagoon. New SWIM targets should be addressed. The C-25 outfall is in close proximity to the Fort Pierce I nlet where salinity levels could be expected to be relatively higher than much of the IRL, if large outfalls from the basin did not occur. The outfalls from C-25 reduce the saline waters entering through the Fort Pierce Inlet that assist in maintaining the desired salinity levels in lagoon waters downstream. Appendix B, Attachment G The map should indicate the location of areas monitored and discussed in the write up, such as Kellstadt Bridge, Gordy Road, and ect. Section 12 Team Members This section does not include team members from St. Lucie County. The section should indicate the following: Mike Wrock - St. Lucie County Diana Waite - Former Team Member St. Lucie County ADDendix ~ Environmental Effects 1. Paae viii - Please include the North Fork Natural Floodplain Restoration Element as a maior feature of the Dlan. 2. E.1 - This section should reference the C-25 canal which outfalls directly to the Indian River Laaoon. 3. EA.3 North Fork Floodplain Restoration Plan This section should be revised to incl\Jde the Droblem statement and obiectives. benefits and costs (ect.)' as other seDarable elements of the Dlan. A. Paae E-41 - The third DaraaraDh third sentence indicates that the linear footaae of shoreline is onlv aiven for the main branch of the N9rth Fork: the followina Daaes include the linear footaae of shoreline for all zones. The sentence should be mOdifjed to indicate this il1formation is Drovided,for all zones. B. Zones 6: The third sentence statina "the floodplÇlÍll has been filled and Ten Mile Creek is a canal this rea ion" should be struck. Twelve oxbows have been identified for reconnection to the Ten Mile Creek. Also. aDDroximatelv 300 acres of natural areas alona the Ten Mile Creek shoreline were DroDosed for addition to the North Fork CARL Droiect by FNAI in 1997. St. Lucie County has reauested that additional lands within this area be added to the North Fork SOR. This description should be modified to correctlJ: reference existina conditions. ~ January 3, 2002 Page 22 "-" Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments C. Zone 8: the statement "The floodDlain has been filled and Five Mile Creek is a canal in this reeion" should be deleted. D. Timina and Duration - The Dilot studv is beina conducted: "is" should reDlace "will be". The third sentence reeardine the Dilot stu,dY is not relevant and should be deleted. Has a second Dilot study been funded. as referenced? The last sentence in tl1is sub-heading should be struck or modified "Funds for Dlannina the entire North Fork corridor (toDoeraDhv. historical flow. ect) are Dendine". The North Fork Aauatic Preserve and Sté:lt~ Suffer Preserve manaeers have received $200,000 to beain Dlannine studies on the North Fork. This level offundina will Drovid~ funds to Dlan a Dortion of the DroDosed restoration. E. EXDected Outcomes/Environmental Benefits - Habitat homoeeneitv (channel) does not reDresent a correct descriDtion of the North Fork. The Droiect will restore the oxbows and sheet flows that have been cut off from the river channel and enhance an urban river that has remarkablv retained its wilderness character. 1) The third sentence incorrectlv states that the Preserve and other natural areas within the flooqplªin do not contain recoanized buffer zones suitable for full Drotection of the wetland communities found alone the river. 1his sentence should be deletep. The North Fork of the St. Lucie River Aauatic Preserve and State Buffer Preserve Drovides adeauate 9lJffer lands to Drot~ct the ecological characteristic of the riverine/estuarine corridor and their Drotection. enhancement and restoration will imDrove ecosvstem characteristics includine the aualitv of water in the North Fork and downstream estuaries. The remainine natural areas alone the North Fork ranae in size from 1 acre to 190 acres. Some of these Drovide more buffer than others. but Dublic Durchase and restoration within the DroDosed North Fork Natural Floodplain Droiect area will assist to enhance the ecoloaical values and functions of this imDortant river corridor. The North Fork Aeuatic Preserve and State Buffer Preserve manaaers are the most aualified to describe the ecoloaical conditions of the North Fork and it's tributaries. 2) To assist with the Drotection the waters of the NQrth Fork of the St. Lucie River and it's maior trib~taries. the St. Lucie County Land DeveloDment Code reeuires that a 75 foot shoreline buffer be maintain on all Darcels subdivided since Aueust 1, 1989. those Darcels Dlatted Drior to that dª-te are subiect to a 50 foot buffer zone. No develoDment or shoreline alteration is Dermitted within these zones. other than that associated with the construction of a Drivate access Doint, includina docks. F. Paae E-45 - Bird Communities - the followine wordina is suaeest~d "existine aerial and around survevs of bird DODulations will be useful to monitor imDFOvoFRont in monitorina the increase in bird DODulations and rookeries alone the North Fork corridor. G. ImDacts, Pace E-46 - This section states that restoration of the salinitv enveloDe for the entire basin will dictate the Dresence oftid21 swamD sDecies such as maneroves within the svstem. The location of salinities to SUDDOrt mane roves alone the North Fork should be estimat~d and reDorted within the FinallRL Plan. H. SDonsor - Some of the listed aeencies have Drovided matçhine fund~ to acauire those lands alona the North Fork that are in Dublic ownershiD and small restoration Droiects but none of the listed aeencies are sDonsorina the restoration of the North Fork as DrODosed within this element. The statement that the feasibilitv studies will be fundeg by these aaencies should be deleted unless fundina by these aaencies is dedicated to '-' January 3, 2002 Page 23 ....,¡ Subject: Indian River Lagoon - South Feasibility Study Draft Integrated Feasibility Report Comments the imDlement the DroDosed North Fork Natural Floodplain Restoration Element. I. Performance measures and taraets for near shore reefs (IRL Plan. Dace E-66) includes the riverine floodplain restoration feature of this Dlan. 4. Water Quality. Existina Conditions. Paae E-83, Table E-15 - This section reDorts that the C-25 Canal basin (and sub-basins) transDorts more Total nitraaen. Total phosDhorous. and Total susDended solids, than anv other watershed in the St.,Lucie basin. The C-25 Dollutants directlv outfall into the Indian River Laaoon at Fort Pierce but the DroDosed C-25/Basin 1 reservoir and ST A is smaller than anv other basin (exceDt the North Fork) and both are well below CERP and IRL Plan Taraets. The North Fork carries more of these Dollutants to the St. Lucie estuaries than anv other watershed. 5. FiscallmDacts - Paae F-65 - This section should indicate the taxable value of natural storaae and treatment area lands within Okeechobee Countv. 6. G.4 Real Estate - North Fork Floodplain Area. Paae G-10 - The last DaraaraDh incorrectlv references CVDress CreeklTrail Ridae. It should be chanaed to the Norj.ll Fork of the St. Lucie River. The DaracraDh states tbere are 18 ownershiDS with an estimated value of $6,486.~OQ. Accordina to our records there are at least 99 Darcels that remain to be acauired with an estimated value of $13,476.000. 75 of those are a hiah Driority for acauisition and restoration. The estimated cost of the Drioritv Darcels is $10.465.657. ADDendix G Real E;state Paae G-6. Canal C-23/C-44- The description of this ST A should be modified. This facility should not be used as a back-uD fordischaraes to Ten Mile Creek. The southern diversion and ST A should be utilized to the maximum extend Dossible. All discharaes to Ten Mile Creek should be for the enhancement of the North Fork of the St. Lucie River flows and water auality. No damaainc flows or dearaded waters should reach Tidal Ten Mile Creek. All Dossible flows from C-23 Should be discharaed into the C23/C44 ST A while C24 ST A should Drimarily be utilized for C24 discharaes to Ten Mile Creek. Flows above the NSM should not be directed to the North Fork. Base flows should be allocated to the North Fork Drior to their diversion for aaricultural or other natural area needs. The recommended plan descriDtions should be modified to indicate this as the C23/C-44 ST A rather than C23/24 STAas shown in the recommended plan. This more correctly identifies it location and use. Additional Questions What Dercentaae of each basin flows will the recommended plan caDture and treat? What reduction in Total PhosDhoraus load will be achieved in each basin? The Total PhosDhoraus loads in the recommended plan are onlv slightlv reduced in the C- 24. C-25 and the North Fork. There is over a 50% decrease in C-44 basin loads. ... \.".. AGENDA REQUEST ...." ITEM NO. 8A DATE: Januarv 8. 2002 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Proposed purchase of 12.32 +/- acre parcel from Atlantic Gulf Communities along the North Fork of the St. Lucie River. BACKGROUND: The parcel shown on the attached tax map and aerial is within the North Fork of the St. Lucie River (NFSLR), the Conservation and Recreational Lands (CARL) and the Save Our Rivers (SOR) program boundaries. The contract purchase price of $19,000.00 is below the Property Appraiser's assessed value of $29,100.00 which according to Daniel Fuller, MAI, Fuller-Armfield-Wagner Appraisal & Research, Inc. is within the range of the Market Value of this property. According to the terms of the Contract the County will pay for the Title Policy, Ad Valorem taxes, assessments and any other charges for the years 1998 through and including 2001. In addition the County will pay a Real Estate Commission of 1070 of the sale price. With the additional costs, totaling approximately $5,000.00, the County's total cost to acquire this property would be about $24,000.00 plus closing costs. At this time there is no grant funding for this property. Copies of a memorandum concerning the status of the County's North Fork Acquisition efforts is attached. A copy of a memorandum also from Mr. Fousek is attached. Community Development staff is addressing the funding issue under separate cover. FUNDS AVAILABLE: Funding will be made available in the Environmentally Significant Lands (ESL) Bond Fund (382-3915-561000-310026). PREVIOUS ACTION: September 26, 2000 the Board Authorized staff to negotiate with AGC for the purchase of this 12.32 acre parcel. RECOMMENDATION: Staff recommends that the Board approve the attached Parcel Purchase Contract and authorize the Chairman to sign the Contract and the Addendums and direct staff to proceed with closing upon the County Attorney's approval of the due diligence of this property. [~APPROVED [] DENIED [ ] OTHER: 5-0 COMMISSION ACTION: Review and AÞÞrovals [X] County Attorney: ¡Ýd [ ] Originating Dept: G: IACQI WPIDONIAGC PARCEL IAgenda OIOB02.wpd [ ] Management & Budget: [ ] Community Development: [ ] Purchasing: [ ] Other: '-" ...., ~A- C¡¡:CULPEPPER " -~=TERPENING/IN~. , January 4, 2002 Consulting Engineers . Land Surveyc 2980 South 251h Street . FI. Pierce, FL 34, (561) 464-3537 . Fax (561) 464-9. www.ct-eng.c S~nde['s Email: bteruènim~'êr'ct·eng.c(.lm Job Ol-5l VIA: HAND DELIVER Commissioner Doug Coward St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: North Fork Acquisition Dear Commissioner Coward: I appreciate the opportunity to have met with you and Dan McIntyre, Esq. regarding the acquisition of the 12-acre island in the North Fork of the St. Lucie Ri\'er. I'd like to take this opportunity to summarize our offer for the acquisition of the island in exchange for relocation of the gopher tortoises from the Seaside project to an acceptable area of the Bludìeld Ranch. It is our understanding that the purchase agreement \\"ith Atlantic Gulf Corporation (AGC) is time- sensitive, and will not allow us the benefit to successfully determine a specific site on the County's property. In light of this, we are willing to advance, at our risk, the funds necessary for closing so that the County can take ownership of the island. It is our further understanding that there are no guarantees as to the acceptability of receiving the property, and the relocation is subject to all state and federal permits as required for the relocation of gopher tortoises. If this proposal meets with your acceptance, we are prepared to make funds a\'ailable immediately given the January 8, 2002, deadline that the County iffacing, We thank you for your time and consideration regarding these issues,. Sincerely, CULPEPPER & TERPENING, INC. lP"BO~E P sident lTP:pw cc: Dan McIntyre, Esq. P:\Proj~:!OOI\Ot-S I S~a..sid~ D~·..('lop('rs'(:Orr\llrs'OI S 1-16.&x '-' ...." ORAL REPRESENTATIONS CANNG ¡ BE RELIED UPON AS CORRECTLY ST.'\. rING THE REPRESENTATIONS OF SELLER. FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE TO THIS CONTRACT AND THE LEGAL DOCUMENTS REFERRED TO HEREIN. PARCELPURCHASECONTl~CT TIllS CONTRACT is made between ATLANTIC GULF COMMUNITIES CORPORATION, a Delaware corporation aud1Or;zed to transact business in the State of Florida, and having its principal place of business at 4800 North Federal Highway, Slute 105-E, Boca Raton, Florida 33431 (the "Seller"), and the below-named Buyer(s) (collectively dIe "Buyer"), upon the following tenns and conditions. CONTRACT INfORMATION: Date: October L 2001 St. Lucie COlUlty, a Political subdivision ofthe State of florida (First) (Middle Int.) (Last) Marital Status Buyer's Name (ü it will appeal 011 D~ed) 2300 Virginia Avenue, Hurd Floor Admin. Arulex Ft. Pierce FI Street City State Social Secuflty #(s) Home Phone COlUltry 34982 Zip Code 561-462-1711 Business Phon" (First) (Middle Int.) (Last) B"Y«'I Name (as it will nppelli' au Deed) Marital Status Social Security #(s) Home Phone Street City State COlultry Zip Code Business Phone PROPERTY: TRACT: " SEE EXHIBIT A" ,BLOCK: , LOT(S) of PLAT UNIT/SECTION according to the Plat thereof recorded or to be recorded in St. Lucie COLUlty, Flonda. PURCHASE PRICE: PA YMENT TERMS: A. Parcel Price $19,000. A. Deposit received this date $ 0 B. Amount of Mortgage Loan $ N/A C Balance of Purchase Price due at $ 19,000. Closing (By Cashier's Check or Certified Check drawn on a U.S. Bank or S&L) TOTAL PURCHASE PRICE $19,000 TOTAL PURCHASE PRICE $ 19,000. N/A / If initialed here, Buyer acknowledges there is a Property Owners' Association membership associated with this purchase. Accordingly, at closing, Buyer must pay an assessment to such Association equal to the prorated portion of the then existing periodic assessment, cWTently in the amowl! of $ N/ A per year/quarter/month. ESCROW OF DEPOSITS. Buyer's deposits will be placed in escrow with Trellsure Coast Abstract & Title Insurance Co., whose address is 401 B, SOUtll. Indian RIver Dr. Ft. Pierce, FI 34950, and will be held and disbursed pursuant to this Conlmct without interest. This coutract shull be binding upon both parties, the Seller aud Buyer, their Heirs, Executors, Successors or Assig11S, when accepted by Seller. WITNESSES: BUYER: Accepted this_day of ,2001 by Seller. Signed by Buyer on ,2001 WITNESSES: SELLER: Atlantic Gulf Communities Corporation a Delaware corporation. By: Its: Sales Representallve: Sherr¡¡ B. Camemci nns IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF YOU DO NOT FULLY UNDERSTAND IT, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. '-" ..,,; PARCEL PURUIASE CONTRACT STANDARv PROVISIONS I. AGREEMENT TO SELL. Buyer agrees to buy the parcel descnbed on Page I of this Contract (the "Property") from Seller upon the tenns and conditions set forth herein. which will survive the closing. 2 2.3 The parties acknowledge and agree that in electing to proceed to.close tllis transaction, Buyer shalJ have detennined that the Property is satisfactory in all respects. Buyer has and will rely solely on Buyer's own independent investigation and inspections (including but not limited to the economic value of the Property and is topography, soil, sub- sOIl and dramage conditions). Buyer acknowledges that Seller has not made any representations as to the economic value of the Property and Buyer, in electing to proceed with tillS transaction, is not relying upon any such representation by Seller. Buyer further acknowledges and agrees that it may be necessary for Buyer to obtain permits. zoning and/or comprehensive plan changes in order for Buyer to develop the Property for Buyer's intended use and it may be necessary for Buyer to bring utility service to the Property. 3. MORTGAGE PROVISIONS This Contract is a cash sale and is not contingent on Buyer obtaining a mortgage loan to fmance Buyer's purchase. 4. CLOSfNG. 4.1 Date and Place of Closing. Seller shall notity Buyer of the time, place and date of closing, which will be no later than . If Buyer (and any other persons required to execute the closing docwnents) fails to appear and close on the date and tune Seller sets, or any extension Seller agrees to in writing, Buyer will be in default. If it will be inconvenient for Buyer to attend the .closing as required by Seller's notice, then at Buyer's request, Seller may pem1Ít the .closing (including where applicable tile .closing of Buyer's mortgage) to be effected by mail, in which event Buyer shall pay Seller's cost of sending the closing docwnents bo Buyer, WIth appropriate instructions. In the event Buyer fails to comply with Seller's instructions to .close by mail, Buyer shall be deemed in default TIME IS OF THE ESSENCE OF THIS CONTRACT. 4.2 Title. At the closing Seller will convey good and marketable title to the Property by General Warranty Deed, subject only to the following: conditions, restrictions, limitations, reservations, agreements, de.clarations, dedicatiOl1s and easements of record, any plat which includes the Property, and existing zoning, as of the date of closing; taxes for the year in which the .closing occurs and all future years and pending govemmentalliens; facts that an accurate surveyor personal inspection would dJs.close; any mortgage executed by Buyer at closing; and, all standard printed exceptions contained in an ALTA Owner ~ Title Insurance CD 2 '-" ¡; Po/¡~ cuslomarily insured in the: cåunty where the Property is oçatcd 4.3 Closing Documents and Costs. Atlhc closing, Buyer shaH provide and execute any docwnents reasonably reqUIred by Seller or Buyer's lender. Seller will pay tbe documeotary stamps and recording costs for Buyer's deed, At the closing, Buyer shall pay the foUowing in cash Or by cashier's check 4.3.1 The balance of the T otol Purchase Price, lIS it may be adjusted pursuant to this Coo- lIacl. 4.3.2 Real estale properly taxes and all other proral4ble item.s shBlI be prorated a!i of the date of closing. In the !:Vent the reaJ estate taxes for the yelU' of closing arc unknown, the tax proration WIll be baaed upon tbe taxes for the prior year and at tbe request of either party, the taxes for the'ycar of closmg shall be reprorate( and adjusted ~cn the U)( bill for such year is received and the actual amount of taxes is known. rhe provisions of thia paragraph shall sW'Vive the closing. 4.3.3 Public ImprovemenlliellS, if any, which hBve been certified, confirmed or ratified as of the closing, will be paid by Seller, All other liens for governmental Improvements shaU be asswned by Buyer. However, to the e"IClIt any certified, confIrmed or ratified liens arc payable in inslill- ments, Buyer shall acœpt title subJcct to such liens shall asswne the balance of instollrnent payments due from and after the date of closing. 4.4 Title Insurance. Not less than fifteen (IS) days prior to the closing, Buyer shall obtain a wTitlcn ~bnent (lbe "Commitment") issued by a repulable title Ins~anc.e company licensed in Florida, agreeing to issue a policy 1I1Suring Buyer's title (American Land Title ASSOCiation Owner~ Policy Slandard Form B) upon the satisfaction of all requirements set forth in the Commibnent and the closing of this Contract, and sbowing SeUer 10 be vestal with good and morketable title to the Propcrlr" subject onJy to liens, encumbrances, e)(cepllons and quAlifications set forth in tJùs Contrac~ those which shall be discharged by Seller at or before closing, and the slllßdard e)(ceptions contained in such a policy. Buyer shaU, within ten (10) days after receipt of the title insurance commitment, notify Seller in writing speci- !ÿing any title defect wlùch renders title unrnarkeUble. S .ller shall have si"ty (60) days from receipt of any such notice witlùn which to remove such defe¡;t(s), and the closing date will be adjusted accordin~ly. If Seller is un-successful in removing such defects within said rime, then Buyer shall have tl10 option of either (a) accepting the title and closing hereunder with no adjustment in the Total Purchase Price, in which event Buycr shall waive any olaim against Sellcr WIth respect to such defect, or (h) terminating tJùs ConlIact and receiVing a refund of all deposit.¡ and the parties shaJl be released from any further righu or obligatiollS hereunder. Seller agrees that if title is found to be wUTIarketable, it will use diligent effort to correct the defecl(S) in title witJùn the lime provided herein, but Sener shall not be required 10 expend any amount of money or to brùlg any lawsuit to cure any title defect. 4.5 SW'Vey. Bu>"" may elect to obtain a survey of the Property at Buyer's sole cost and expense. 5, DEFAULT. 5.1 By Buyer. If Buyer defaults, Buyer under- stands Seller's damages WIll be incapable of being determined, and Buyer agrees SeUer may terminate this ConlIact and keep Buyer's deposits (up to ten (10%) p'ofCa1t of the Tara! Purchase Price) as liquidAted damages, which the parties agree is fair and reasonable compensallon to Seller for removing the Property from the market and laving to resell it. If Buyer's deposits arc held in escrow. Buyer also agrees that upon Buyer's default Seller may notify the Escrow Agent that Buyer has defaulted, in whIch ovent the Escrow Agent may pay Buyer's deposit to SoUer, and the Escrow Agent may rely on Seller's notice and shall be, W1der no obligation to make any independent investigatIOn or confumatioo of Buyer's default. 5.2 By Seller. In the event of a default by Seller, ...., Buyer may request a refund of Buyer's deposits and Upaq such refund. Seller v1ll have 110 líability to Buyer aqd ilIis ContTact will be tcrnunated. Altcrnatively Buyer shall have ilIe nght to sue far sp~cific peñonnan'co Or far actual damages. ~ no evenl. will Buyer be entitled 10 incidental, consequential Or purulJve damages due to SeHer's defaull ? . DEED RESTRICTIONS AND DECLARA nONS. If indicated on Page 1 ~ereof, Buyer W1dcrstands Ihat titlc to the ProPerly IS subject to o~ Or more declarations of coven.ants and restrictions, Or similar declaialions. and all e)(!lIblts ilIereto. By e)(OOutlon hereof, Buyer ecknowledges receIpt of any appllcahle declarations and amendments. Buyer acknowledges that any applicable de¡;lantion may conUm vanous USe and maintenanoe restriction¡¡ which Buyer wiH b~ requited 10 comply with, and may r"'Juire Buyer to obtAin approval &om Seller or from the applicable homeom¡en; or properly owners association prior to building On the P.roperly. Pursuilflt to such declaralion(s), Buyer may be rcqwred 10 be .a ~ember of and pay assessmetlts to a homeowners assn<:lftlJOI1, and Buyer or any such homeowner¡¡ association may also be required 10 be a member of and pay assessmcnts to one or more additional homeowners or properly owners association, and if Buyer of the homeowners assOC!atian f~ls to pay, assessmenls, the applicable IISSOClatlon will have the fight to file a lien allalnst the Property. Buyer acknowledges that any information ScHer has given Buyer regarding the amount of any such assessments is merely an estimatc, and that the amo,mt of sssessm121ts may be changed to reflect the actual e)(penses lo be incurred br. the association, in accordance with the aj)plicable dec aral1on(s). Buyer acknowledges that SeHer will ha~e the nsht to re~ord. Or amcnd any spplicable declaration pnar to the closing, If not now recorded (copies of which will be provided to Buyer if not previously delivered). 7. BROKERS. Other tl1JU1 real estate brokers Seller hIlS acknowledged in writing, Buyer represents Ibat Buyer has nol employed, any real estate broker claiming the right 10 any fee as a result of having represented Buyer. Buyer understands that the person procuring t/Us sale on Seller's behalf is ScHer's agent and wiH he paid by SeUer upon completion of the sale. 8. RISK OF LOSS. In the event that the Property or any portion thereof is taken by eminent domain prior to closin~, Buyer shall have the option of either: (1) canceling this ConlIact and receiving a refund of the deposits, whereupon bolh parties shill be relieved of all further obligatiOlIS under t/Us Contract, or (ii) proceeding with closing withoul reduction of the Purchase Price. in which case Buyer shall be entitled 10 aU coooeumation awards and seulemonts, if allY, 9 INSPECTIONS. From and after the BlTective Date, Buyer, its agents IIßd representatives, shall be entitled to enter upon tlle Property for inspection, soH tests, tes~ borings, and engineering and fellSibilily studies. Buyer shall reasonably restore Ibe Properly to substantially the: same condition it was in prior to the performance of such IOSts; and Buyer shall not interfere with ongoin¡¡ construction aetivlltcs, in performing such tesls and studies. To tho o"trol allowed by law, Buyer hereby agrees 10 indemnify IInd hold Seller harmless from any damages or liabi1iltcs arising or resulling from injuries or property damage caused by the activities of Buyer, Its agents or representatives, in pursuing ilie activities pennitted herein. 10. MISCELLANEOUS. 10, I In the: event of any litigation arising oul of this Contract, the prevailing party shall be entitled to recover all costs incurred. including reasonable attorney's fees alall Irial and appellate levels, 10.2 This Contract is binding upon the pllrtÌes. their respe¡;tive heirs, legal represCDtatives, successors and assigns. However, Buyer may not assign this Conll'Sct without SeHer's wrilten consent, which Seller can withhold at Seller's discretion. LO.3 THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES AND NO REPRESENTATIONS OR INDUCEMENTS MADE BY 3 '-" SALESPERSONS OR OTHERWISE.. c!ICH ARE NOT CONTAINED IN THIS CONTRACT ARE BINDING ON SELLER This Contract may not be amended or modified except by illl instrwnent in writing signed by the parties. Brochures and advertising representations and illustrations constitute general concepts only, and Seller will not be bowld by any statements or matters referred to or depicted thereon except as expressly set forth 111 this Contract. 104 Buyer shall not record this Contract or illlY notice or memorandwll thereof in any public records, and at the option of Seller any recording by Buyer shall be a default. 10.5 All notices and demands shall be in writmg at the addresses of the parties as indicated in this Contract, unless either party notifies the other in writing of another address. However, Buyer agrees that any notice to Buyer of the closing or illlY extension of the closing may be given orally, by telephone. telegrilln, or illlY other me¡u¡s. Seller will not be responsible tòr an notice properly sent to Buyer which is not received due to Buyer's absence from the place where notices are to be sent or which is refus.::d delivery or not picked up by Buyer. . 10.6 Any lawsuits between the parties may only be started in a court in the COWlty where the Property is located. 10.7 Buyer agrees tin,e is of the essence as regards Buyer's pertònnance and Buyer's obligation to close. 10.8 If after the closing it shall appear that tllere is an error in any closing dOCW1lent. including where applicable any mortgage loan closing document, thc parties agree to execute any further docwnents at the request of either party or at the request of the mortgagc lender where applicable, and to pay any ßl1l0Wlt required, in order to correct the error. 10.9 Buyer acknowledges tllat, except as set forth in the documents received by Buyer, Seller has made no representation or warranty as to the mW1I1er in which Seller or illlY other builder or developer may develop any lots or other acreage near the Property. Except as expressly set forth in the doclunents, Seller shall have no obligation to complete the development in which the Property is located or construct illlY other homes or improvements in any particular manner. Buyer acknowledges that the primary inducement for this Contract is the Property, which is a vacant lot, and not the completion of any other improvements or any common or recreational facilities. 10. 10 Buyer acknowledges that the Contract was negotiated in the English lWlg1.lage. 10.11 Buyer acknowledges and agrees that, for the purpose of completing the sale and construction of all the homes within the development in which the Property is located, Seller shall have the full right and authority to maintain or establish within such development models, sales and construction offices, advertising signs and baMers, lighting, and all other activities nomlally associatcd with the sale, development Wld construction of a residential real estate development. 10.12 The provisions and disclainlers in this Contract which nre intended to have effect after closing will survive the closing, and the delivery of the deed fÌ0111 Seller to Buyer. 10.13 The use of any gender in tlus Contract shall include nil other genders, and the use oflhe pluml shall include the singular and the singular shall include the plural, wherever appropriate. 10.14 In the event illlY teml or provision of this Contract shall be held to be invalid by any court of competent jurisdiction, then Seller shall have the right to terminate Hus Contract upon written notice to Buyer, in which event all deposits shall be reftl11ded to Buyer, and thereafter the parties shall have 110 further rights or obligations hereWlder If Seller does not exercise such election than such detemlination shall not affect Hle validity or enforceability of the remainder of this Contract. Buyer's Initials ..., 4 '-' ""'" EXHIBIT "A": COUNTY OF ST. LUCIE St. Lucie County Tax 1. D. Number 3416-132-0001-000/9 South Y:z of the North Y:z of the Southwest 1/4 of the Northeast 1/4 lying west of the easterly channel of the St. Lucie River and the Southwest 1/4 ofthe Southwest 1/4 of the Northeast 1/4, Section 16, Township 36, Range 40, according to the plat thereof, recorded in Plat Book 788, Page 311, Public Records of St. Lucie County, Florida. Buyer's initials '-' """'" ADDENDUM TO PARCEL PURCHASE CONTRACT This Addendum is made as of this ~ day of Au~ust , 20~ by and between Atlantic Gulf Communities, as "Seller" and St Lucie County a political suhrlivision of State of Florida, as "Buyer" in connection with the Parcel Purchase Contract between said parties dated on even date herewith covering the property located in St. Lucie County and described therein (the ·Property"). The following is made a part of the Contract: Notwithstanding anything to the contrary in the Contract. Buyer shall be solely responsible for Payment, at closing, of the following: I. The cost of examing title insurance commitment, policy, update or report on the Property, and the premiums and other related fees and costs for any owner's title insurance policies, updates and / or report, and 2. Ad valorem property taxes and assessments for the years ]998, ]999, 2000 and 200 I due and owing on the Property, including any and all penalties, interest and other charges due. and 3. Real Estate commission in the amount of 10 % of the sale price of$19,000 WITNESSES AS TO SELLER(S): SELLER(S) Atlantic Gn]f Commnnities Corporation, A Delaware CorJo"ation By: By Printed: Printed: Date: WITNESSES AS TO BUYER(S): BUYER(S): St. Lucie County By: By: Printed Printed: Date: ~ ..."" PURCHASE CONTRACT FORM "A" NOTICE OF CLOSING EXPENSES Buyer: St. Lucie County Buyer's Address: 2300 Virginia Avenue Third Floor Admin. Annex Ft. Pierce FI Seller: Atlantic Gulf Communities Corp" 13790 NW 41h Avenue, Suite 113, Sunl'ise, FI 33325 Property: Legal Description: St. Lucie County Tax II) # 3416.132-0001-000/9 Street Address: Pursuant to Rule 2-13.03(1) of the Department of Legal Affairs, Buyer is hereby notified that upon closing on the sale of the above referenced Property, additional costs may be demanded from Buyer in the form of closing costs which may include the following: I. The balance of the Total Purchase Price, subject to any increases or adjustments per contract addenda or unpaid extras. 2 A prorated portion of current real property taxes 3. Any deposits, installation charges, or hookup fees for utilities, 4. A prorated portion of any applicable homeowner's or property owneJ's association assessments and a working capital contribution to any applicable association equal to two (2) month's assessments. 5 Buyer's own insurance. 6. Attorney's fees for Buyer's attorney, if any 7, Other: SEE ADDENDUM TO PARCEL PURCHASE CONTRACT In addition, if Buyer obtains a mortgage additional costs may be demanded from the Buyer by the lender, which may include the following: I. Intangible tax of .002 of the principal mOI1gage amount. 2. Stamp tax equal to 0.37 per $10000 or some fraction of the principal mortgage amount 3. Recording fees of$6.00 for the first page recorded, plus $4.50 for each page after the first page recorded, and indexing fees, if applicable. 4. Application fee(s). 5. Abstract charge(s), 6. Title insurance. 7. Appraisal fee( s) 8. Credit report(s). 9. Lender's title insurance policy. 10 Escrow for taxes and/or insurance. II. Tax service fee(s), 12. Mortgage insurance. 13. Origination fee(s) 14. Discount points. 1 s. Prepaid interest, 16. Document preparation tee. 17 Survey fee(s). 18. Attorney's tee(s). 19, Any other charges imposed by Buyer's lender. The Buyer hereby acknowledges receipt of a copy of the foregoing Notice of Closing Expenses this day of , 200 I. WITNESS: BUYER '-' ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA FROM: Board of County Commissioners Daniel S. McIntyre, County Attorney~ January 8, 2002 TO: DATE: SUBJECT: North Fork of the St. Lucie River ESL Project - Status Update ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- County staff is in the process of performing the initial due diligence (i.e., title work and appraisals) on twelve (12) parcels located on the North Fork of the St. Lucie River. A list of the twelve (12) parcels along with a map showing the parcels is attached. The commitments for title insurance have been received. Appraisals have been ordered and are due in February, 2002. County staff intends to being negotiating the acquisition of the parcels after the appraisals are received. DSM/ jmr cc: Community Development Director Planning Manager Diana Waite Steve Fousek G:\ACQ\WP\JoAnn\North Fork\Memo to Bce from Dan 010802.wpd '-' ....,¡ NORTH FORK OF THE ST. LUCIE RIVER OWNERlP ARCEL TAX I.D. Parcel # 50 2433-432-0001-000/0 Malcolm N. and Edwina H. Hall Parcel # 53 3403-502-0080-000/1 Elaine Haas Parcel # 81 3404-312-0001-000/4 John M. Martyn Parcel # 82 3404-809-0019-000/8 Sue U. and Charles E. Mitchell Parcels # 84 and 85 3404-809-0022-000/2 Ather, Amna and Naveen Wahaj 3404-809-0023-000/9 Parcels # 93 and 95 3403-502-0222-000/9 Peter P. Petravice (Estate) 3403-502-0215-000/7 Justine P. Roberts Parcel # 96 3409-502-0006-000/7 Sophia J. Rowe Willa Mae Millard Virginia L. Roberts Parcel # 98 3409-502-0008-000/1 Eleanor R. Taylor and Mable R. Lineberger Parcel # 99 3409-311-0001-000/6 William S. Klein Parcel # 140 3414-501-3905-010/6 Rosemarie A. Lowrey ....~ to ,---~\ ~ _. r¡¡ -~.~~ r-~ .__<C Ii , --) '\ 1-> Ii I II ,.. I-- -\r.o i\ -I i~~ 1_ - #53 er ''''^'''', ,~u ~' ¡,ç - p II i lJ1í - ~ <5 J=j- /l'r Hi- Mi jWé Y Rd ~~ + --:;r> , 1 .J .Jt.o~~~ 1Z Lj f--- " ~ ~ ~851...L-.L ~ = #8'). po "lIL - "::2 - -<- h - #84..... 'If =~r- . < ~ #98 J"D IT sa ~ u c..-- #99 ~ ì\\lIll _. R; ~ ~-L n¡,.., F::1" ~ ~ Ra...J () ~ ~;:;. ~6ì\) ~ ittermé m i=P . r~ !-Rd ~ ~~)1 ïJl f- d K..-'\ -- I ..4 ~ Ì' LS - I· L...!, ~I hTI7 ¡j ~Il J I n.o ~ ~ ~\ I~~ ~ ~ ¡~ :1 ;T~);L"~~~~~>;2A fH: :;ms-'-1 m QF-Y, ~\~P:---~æ51=\ ~\ ~~à . ~. III ~ ~.~~ 1 ~ i~~~~ ~ I ;W BlvC ~ l ~ ))\J~~ ~l" In'\l:::::n = ~ ) l~ ~ '\\.?i r 5 11111 L!' =M _ ~ \ Ë: \ ~I" = Club ¡s.!Vt9. [1! 11m ! I~ ~~~ /C'~ ~~r t i~ ~ ». =-1 2:: ii~ ~~ ~ ---, K ('-,~\\\ -. Walton ¡ Rd ~ = ~ ~\ ~\] ~.Jj . ~\~ 'j) ~ cDX \\.! I.. . t \. t.j Ç\ t = C IIII =.! ~ ~ ~o l:iUl,t\)) &140 :::J Y '-- ~v.. 'lj ! \~~\~. ~\\ \'r-1è////if2j ~ ~ 1k3 Wæ ~~ ~~~~~~j¡Jr Atn;1 ~ ¡ 1~~ \ ~ ~\\\ -'-IJlllìl!!?! ~, I I I ! ~ \(:: . ~ - North Fork of the 81. Lucie River Phase 1 - N Subject parcels + 5i:; ~~ a-~ ~ '7" _~ Scale: 1" = 4000' - y . o ~ ~;. o ~ ~ (~ ~Q ~ ~ ~~ >~ ( tl~ ~ 1~ ~ ~ '-' ....."", DEPARTMENT OF PUBLIC WORKS ENVIRONMENTAL RESOURCES TO DAN MCINTYRE, COUNTY ATTORNEY FROM: STEVE FOUSEK, ENVIRONMENTAL LANDS SPECIALIST LAN. ~ VANESSA BESSEY, ENVIRONMENTAL RESOURCES MANAGER ~ ~ t"'J DECEMBER 14,2001 THROUGH: DATE: SUBJECT AGC PARCEL I have evaluated parceI3416-132-000 1-000/9 that is approximately 12.32 acres in size. The property is located east of the brisben development. Its northern property line lies adjacent to the North Fork of the St. Lucie River. An old oxbow is located in the southern portion of the site. In summary, the site is categorized as Floodplain Forest (4.06 ac-upland-33%) and Floodplain Swamp (8.26 ac-wetland-67%). Floodplain Forests are hardwood forests that occur on drier soils at slight elevations within floodplains, such as on levees, ridges and terraces, and are usually flooded for a portion of the growing season. The community contains a scattering overstory of Cabbage Palm, Live Oak, Laurel Oak and Hammock Hickory. The understory contains saw palmetto and swamp fern. Hand Fern, an endangered species was found on two cabbage palms. Floodplain swamps occur on flooded soils along stream channels and in low spots and oxbows within river floodplains. Floodplain swamps are flooded for most of the year, with sites along channels inundated by aerobic flowing water while those of sloughs and back swamps are flooded with anerobic water for extensive periods oftime. Vegetation consists of pondapple, wax myrtle and cabbage palm with an understory of leather fern, swamp fern, saltbush, myrsine and swamp lily. A few exotics are found within the tract and included brazilian pepper, guava and shoebutton ardisia. ¿;; cc ~ 6 \ ~ Public Works Director Environmental Planner III ~if' ~'ìr '--' AGENDA REQUEST ..." ITEM NO. 8B DATE: Januarv 8. 2002 REGULAR [ XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel McIntyre County Attorney SUBJECT: lndian River Estates Stormwater Retention Project Bunting Parcel/Tax ID# 2435-411-0001-0104 BACKGROUND: See attached background memorandum FUNDS AVAILABLE: Funds will be available in: 101003-41134-561007-425056 & 101003-41134-561002-425056 Transportation Trust, Local Option Drainage PREVIOUS ACTION: On October 17, 2000 the BOCC approved the engineering contract with Hazen and Sawyer to develop the final design plan for the project. RECOMMENDATION: Staff recommends that the Board approve the Contract For Sale and Purchase for parcel highlighted on the attached map, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the document in the Public Records ofSt. Lucie County, Florida. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: 5-0 ~Review and Approvals (X) County Attorney: ... [X] Management & B~ :u.tJrnrrf¡ [X] Originating Dept: (X] Public Works: A1./ (X) Engineering ~ . (} Other: Finance: (check for copy only, if applicable) Effective 5/96 ~ ""'" PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Daniel McIntyre, County Attorney DATE January 8, 2002 SUBJECT: Indian River Estates Stormwater Retention Project ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- BACKGROUND: Engineering Staffhas been working with the South Florida Water Management District and the Indian River Lagoon National Estuary Program in designing a stormwater management plan for the Indian River Estates subdivision. The intent of the project is to improve flood protection for the subdivision and to improve the quality ofthe stormwater runoff which currently discharges ÍÌ'om the subdivision directly into the Savannas State Reserve. The plan is to redirect the stormwater runoff to an existing old mining pit on the north side of Midway Road. The mining pit (now an open water lake) is partly within the County's Savannas Recreation Area which is leaseâ from the City ofFt. Pierce, and partly under County and private ownership. The City Manager has given conceptual approval of the plan to use the City owned property, and the County Attorney has drafted an amendment to the Interlocal Agreement between the County and City to use the property for stormwater retention as well as recreation. The recreational use of the property will not be affected. The Bunting property is one ofthe privately owned parcels that encompasses a portion of the mining pit. These privately owned parcels need to be acquired in order to implement the proposed stormwater management plan. Attached for your review IS the Contract For Sale and Purchase and a map indicating the location of the parcel (highlighted in pink). The contract was negotiated at the appraised value. RECOMMENDATION / CONCLUSION: Staff recommends that the Board approve the Contract For Sale and Purchase highlighted in pink on the attached map, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the document in the Public Records ofSt. Lucie County, Florida Respectfully submitted: Daniel McIntyre County Attorney J.." CC: County Administrator County Engineer G:\ACQ\WP\YVONNE\STORMWAT\Il1dian River Estates\Bunting\BCC memo.wpd .., II '-'LOCATION MAP' I· ., ,., l ,^', , ".. '. Lè ¡ ....L hi w:"£.:I, \11 Ci1 it '<, I'·. i '.' . ..... ......Sl Lucie C , æ (1 Ll II II [ I' , I: II I Island 03 18:102000 :125.CX:O (at center) , 2 Miles t~ '1 "'~.~"~ Loc:aI Road - Major Connector - State ROUle - Primary State RoUle Walkway/Staírway ~ : "InterstateIl.lmlted Access . "Toll Highway - ·US Highway l:ðJ Rest Area With feci.tles [] Ex~ if .?KM 5 '-' "-tI ..¡..."" ü .CJ) c:: U) Õ' .2 Q .'!:: Z+ CJ) .tI) ..¡..."" :s ~ e:: tT (,) éß .0 co - .... ..¡..."" .2 '"- e:: Q5 ~ CJ) ""'-' ~ "- CJ) co 0: 0: Q '"- 0> c: .S; ~ "- .OJ § is ~ CQ .s ê .g CJ) ; \ ~ \ %.-'"-,,.......--' ,---~.,,~ ~, \ \ ) ;o"'~ ~ / " I k I \ 3 , --- .....-, --' \ \ \ , -- , .... ---- ~ i, ~ ~ ~ I ! i ~ ! ~ '-' ...." PROJECT NAME: Indian River Estates Stormwater Retention Project PARCEL: Bunting - Tax ID # 2435-411-0001-010/4 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this _ day of , 2001, between EDWIN HAROLD BUNTING and VIRGINIA M. BUNTING. his wife, whose mailing address is P.O. Box 87765. CANTON. MI 48187 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Eight Thousand Nine Hundred Forty no/100} Dollars, determined to be the total of the following: Real Property (Land) and Buildings Other Improvements upon the Land (described, if any) Severance Damages Other (describe) $8.940.00 $8.940.00 $ N/A $ N/A $ N/A payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees,q1 if any, for obtaining a release, partial release or subordination agreement Indian River Estates Stormwater Retention Project - Bunting I '-" ...¡ upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No-Lien Affidavit as to realty. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. Indian River Estates Stormwater Retention Project - Bunting 2 '-' ....I 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before February 1. 2002 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with Indian Riyer Estates Stormwater Retention Project - Bunting 3 '-' ...., a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. Indian River Estates Stormwater Retention Project - Bunting 4 '-' ...." 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neitherthe whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as ofthe date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. Indian River Estates Stormwater Retention Project - Bunting 5 '-' ...." 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this day of , 2001. Witness as to Edwin Harold Bunting Edwin Harold Bunting Witness as to Edwin Harold Bunting Witness as to Virginia M. Bunting Virginia M. Bunting Witness as to Virginia M. Bunting Indian River Estates Stormwater Retention Project - Bunting 6 ~ EXECUTED by PURCHASER this ATTEST: DEPUTY CLERK Indian River Estates Storm water Retention Project ~ Bunting ..., day of , 2002. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney 7 '-" ...., ......... () .Cl) c (1) & .0 ct .;:; z+ .- ~ .~ ::J ~ g- c: G3 .0 Ct'I '- ..¡::; .£? ~ c: Qj ~ .83 ~ Q: Cl) Ct'I cr: Q. ~ Q) c: .c Cl) += .cu ......... ~ "6 ~ c: - ê E] .8 CI) \ I ( \ ~ ....--,.".-~ ,__-.-....;r t; => / ~ / t: , \ , - '\ \ ) .....~ ; ! -- .,..,--.... ---- '\ \ \ '- , .....- ---- ----- ~ ~ ~ s ~ ~ i ij ~I ~ ~ ~ ~ ,-,. ....., EXHIBIT "A" LEGAL DESCRIPTION The East % of the East % of the Northeast 1/4 of the Southeast 1/4 of Section 35, Township 35 South, Range 40 East, St. Lucie County, Florida, LESS and EXCEPTING the following described property: Start at the Southeast corner of Section 35, Township 35 South, Range 40 East, thence run North along the East line of said Section 35, 1323.3 feet to a Point of Beginning; from said Point of Beginning run North along the East line of said Section 35, a distance of 551.9 feet to a point; thence run West 195.0 feet, more or less, to the East bank of the Savannah; thence run Southerly, meandering the East bank of the Savannah 552.0 feet, more or less, to a point due West of the Point of Beginning; thence run East 220.0 feet, more or less, to the Point of Beginning. Indian River Estates Stormwater Retention Project - Bunting 8 ,,-. ~ AGENDA REQUEST ITEM NO. "'t.- DATE: January 8. 2002 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman Bond Counsel SUBJECT: Resolution No. 02-22 - North Hutchinson Island Water and Sewer System Revenue Bonds, Series 2001 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 02-22 as drafted. COMMISSION ACTION: CONCURRENCE: ~] APPROVED [ ] DENIED [ ] OTHER: 5-0 County Attorney: y Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only. if applicable) Eff. 5/96 '-' SSQUlRE ~DER5 LEGAL COUNSEL WORLDWIDE SQUIRE, SANDERS~EMPSEYL.L.P. MEMORANDUM To: Board of County Commissioners of S1. Lucie County, Florida From: Robert O. Freeman Date: January 2,2002 Re: North Hutchinson Island Water and Sewer System Revenue Bonds, Series 2001 The attached resolution would amend Resolution 92-167 to provide a framework for consolidating the North Hutchinson Island Utility System with the Holiday Pines Utility System upon terms and conditions satisfactory to Arnbac Indemnity Corporation, insurer of the North Hutchinson Island System bonds, and acceptable to the County's Utility and Feasibility Consultant, Tony Elia. The requirements for consolidation would be: (a) revenues of the combined systems would be required to be projected to meet the coverage test set for the issuance of additional parity bonds at the time of consolidation and for 3 years thereafter and (b) to satisfy the rate covenant at the time of consolidation. 834Iv2l28902.00083/M·BOARD AMEND '-' ..., RESOLUTION NO. 02-.;1,J., A RESOLUTION AMENDING RESOLUTION NO. 92-167 ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ON JUNE 11, 1992, AND ENTITLED: "A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE ACQUISITION AND ESTABLISHMENT OF A SEPARATE WATER AND SEWER SYSTEM ON NORTH HUTCHINSON ISLAND AND THE CONSTRUCTION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS THERETO; PROVIDING FOR THE ISSUANCE OF NORTH HUTCHINSON ISLAND SYSTEM WATER AND SEWER REVENUE BONDS FROM TIME TO TIME TO FINANCE THE FUNDING AND REFUNDING OF CAPITAL PROJECTS WITH RESPECT TO SUCH SYSTEM; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $5,205,000 SERIES 1992 BONDS TO FINANCE THE COST OF ACQUISITION OF THE SYSTEM AND OF THE 1992 PROJECT; PROVIDING FOR THE PAYMENT THEREFOR; PROVIDING FOR THE RIGHTS, SECURITY, AND REMEDIES OF THE REGISTERED OWNERS OF SUCH BONDS; FIXING THE IN1TIAL SCHEDULE OF RATES, FEES AND CHARGES FOR THE SYSTEM; AND PROVIDING AN EFFECTIVE DATE." TO PROVIDEP ARAMETERS FOR CONSOLIDATION OF SYSTEMS, AS MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the "Board") of S1. Lucie County (the "County") has previously adopted Resolution No. 92-167 (the "Original Resolution") referred to by title in the title above; and WHEREAS, it is necessary and desirable and in the best interest of the citizens of the County and ratepayers of the North Hutchinson Water and Sewer System (the "System") to amend certain provisions ofthe Original Resolution to provide for the parameters for consolidation ofthe System with other systems; and WHEREAS, Section 6.06 of the Original Resolution provides for the modification or amendment of the Original Resolution without the approval of the Owners of the Bonds or Credit Facility Issuer (as defined in the Original Resolution) in certain respects; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, as follows: Section 1. Amendments To Original Resolution. The Original Resolution be and the same hereby is amended in the following respects: ~ """'" A. Subsections 5.01(L) of the Original Resolution is amended to read as follows: "SECTION 5.01. COVENANTS OF THE COUNTY. So long as any of the Bonds shalI be Outstanding, or until (a) there shalI have been set apart in the Sinking Fund and the accounts therein, a sum sufficient to pay, when due, the entire principal amount ofthe Bonds remaining unpaid, together with the premium, if any, with respect thereto and the interest accrued and to accrue thereon, and all amounts due and owing to the Credit Facility Issuer, or (b) until all Bonds have been defeased in accordance with Section 6.04 hereof, the County covenants with the Registered Owners of any and all of the Bonds issued pursuant to this Resolution and with alI Credit Facility Issuers as folIows: * * * (L) NO COMPETING FACILITIES. The County, to the extent permitted by law, wilI not grant any franchise, license, or permit, or cause or voluntarily agree to the granting of any ITanchise, license, or pennit, for the construction or operation of any facilities which wilI be competitive with the services and facilities of the System; provided, however, that this subsection shall not affect the vested rights of any persons, firms, or corporations now owning or operating such facilities. Notwithstanding the foregoing provisions, the County shalI be authorized to construct or acquire other non-competing utility systems providing products and services similar to those provided by the System in areas of the County geographically distinct ITom those ofthe System, and none of the revenues derived ITom such other non-competing utility systems shalI be deemed to be Gross Revenues ofthe System pursuant to this Resolution; provided, however, that if the County shalI furnish products and services ITom the System to any other non-competing utility systems, which the County is hereby authorized to do, it shall do so at rates comparable to the rates charged to other customers served by the System and the revenues so derived ITom said other non-competing utility systems shall be deposited in the Revenue Fund created and established by this Resolution, and shalI be deemed to be Gross Revenues derived ITom the operation of the System as fully and to the same extent as other Gross Revenues derived ITom the operation of the System. The County is further authorized and empowered to combine and consolidate the System with any other water systems, sewer systems or combined utility, whether located within or without the County, and whether acquired or constructed by the County, and after such combination and consolidation, such systems shall thereafter be deemed to be one system and subject to the provisions of the resolution governing the issuance of debt for the system deemed by the County to be the surviving system; provided, that (a) the coverage test prescribed in Section 5.01(H)(1) of this resolution for the issuance of Additional Parity Bonds must be (i) satisfied at the time of such consolidation and (ii) be projected by the Independent Consultant to be satisfied in each ofthe three (3) Fiscal Years following the consolidation, treating the senior lien obligations outstanding under the resolution for the system with which the System is being combined and consolidated as Additional Parity Bonds for purposes of such coverage test, and (b) the rate covenant contained in Section 5.01(A) of this resolution must be satisfied at all times while any Bonds issued under this resolution remain Outstanding, treating both the Bonds Outstanding under this resolution and the senior lien obligations outstanding under the resolution for the system with which the System is 2 8422V 1128902-00083/R-AMEND CONSOLIDATE '-' ""'" being combined and consolidated as "Bonds" for purposes of such rate covenant." * * * Section 2. Remaining Provisions Unaffected. The remaining provisions ofthe Original Resolution shall remain in full force and effect. Section 3. Severability. If anyone or more of the provisions of this amending resolution should be held to be contrary to any express provisions oflaw or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such provisions shall be null and void and shall be deemed separate from the remaining provisions of, and in no way affect the validity of, all the other provisions ofthe Original Resolution. Section 4. Effective Date. This Resolution shall become effective immediately upon the later to occur of (1 ) its adoption and (2) the written consent of the Credit Facility Issuer to the amendment provided for herein. 3 8422V1I28902-000831R·AMEND CONSOLIDATE '-" "*'. Passed and Adopted this 8th day of January 2002, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chairman, Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 4 8422VI128902-00083/R-AMEND CONSOLIDATE ~ ~. '-' AGENDA REQUEST ITEM No.~D DATE: January 8, 2002 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Florida Local Government Investment Trust BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve Resolution No. 02-21. COMMISSION ACTION: uglas Anderson County Administrator &] APPROVED [ ] DENIED [ ] OTHER: 5-0 County Attorney: {ìx/ Review and Approvals 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. 01-2869 DATE: December 31, 2001 SUBJECT: Florida Local Government Investment Trust =================================================================================== BACKGROUND: Attached are copies of the following documents: 1. Memorandum dated December 14, 2001, from Chris Hartley 2. Resolution No. 02-21 authorizing the signing of a Joinder Agreement 3. Joinder to Agreement and Declaration of Trust As indicated in Ms. Hartley's memorandum, the Investment Committee has recommended that the County participate in the Florida Local Government Investment Trust. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No. 02-21. Respectfully submitted, Daniel S. McIntyre County Attorney DSM/caf Attachments '-" ......,¡ \ \ J.l CLERK OF CIRCUIT COURT j\ j \ / . FINANCE DEPARTMENT MEMORANDUM I,röl Œ@rtJ_J§J"-ii· :~J; DEC I 8 2001 . ¡ L______. __._.' :.("! ¡hiT'" A·"¡·h,·:ìt:.t! __....... "-' >". r '...../.!{I. . --.-.-------.-.-..---- TO: tImu~.¿..~-;ft_1'# 1ì~1 Chris Hartley, Finance Director~\ FROM: DATE: December 14, 2001 SUBJECT:. Florida Local Government Investment Trust At the December 5, 2001 Investment Committee meeting, the Committee heard a presentation on the Florida Local Government Investment Trust (FLGIT), sponsored by the Florida Association of Court Clerks (FACC) and the Florida Association of Counties (FAC). The Committee accepted staff recommendation to participate in the FLGIT. The FLGIT is an authorized investment of both the St. Lucie County Investment Policy and Florida Statute. At this time I would appreciate your assistance in processing the new membership documents. I've attached the package received from Nabors, Giblin & Nickerson, P.A. Thank you, once again, for your assistance in this matter. If you have any questions or recommendations, please feel free to contact me. CKH/llh attachments ~ yst ~ cc: JoAnne Holman, Clerk Circuit Court, wlo attachments Doug Anderson, County Administrator, wlo attachments Investment Committee Members, wlo attachments 01-282 memos.fd/FLGIT ....I '-' 'WI RESOLUTION NO. 02-21 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA; AUTHORIZING AND DIRECTING EXECUTION AND DELIVERY OF A JOINDER TO THE AGREEMENT AND DECLARA TION OF TRUST CREATING AND ESTABLISHING THE FLORIDA LOCAL GOVERNMENT INVESTMENT TRUST; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use clearly indicates another meaning or intent, the following words and terms as used in this Resolution shall have the foI1owing meanings. "Board" means the Board of County Commissioners of the County. "Chairperson" means the Chairperson of the Board. "Clerk" shall mean the Clerk of the Circuit Court for the County, ex-officio Clerk of the Board, or such other person as may be duly authorized to act on his or her behalf. "County" means St. Lucie County, a political subdivision of the State of Florida. "FLGIT" means the Florida Local Government Investment Trust. "FLGIT Agreement" means the Agreement and Declaration of Trust, dated as of December 1, 1991, creating and establishing the FLGIT, as amended, the form of which is attached to the Joinder Agreement as Appendix A thereto. '-' ~ "Investment Fund" means a trust fund established pursuant to the FLGIT Agreement to enable public entities to pool their surplus funds for joint investment. "Joinder Agreement" means the Joinder to Agreement and Declaration of Trust between the County and FLGlT, in substantially the fonn appended hereto as Exhibit A. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. SECTION 2. FINDINGS. It is hereby detennined that: (A) It furthers the public interest for the County to invest any monies not immediately required to be disbursed and to maximize the net earnings on such funds. (B) The Florida Local Govemment Investment Trust has been established pursuant to the FLGlT Agreement for the purpose of establishing one or more Investment Funds for pooling surplus funds of public entities for joint investment. (C) The County desires to have the Investment Funds available if they become an advantageous investment for the County's surplus funds; the investment policy adopted pursuant to Section 218.4l5, Florida Statutes, pennits investment in the Investment Funds established by the Florida Local Government Investment Trust. (D) The County is required to become a party to the FLGlT Agreement as a condition precedent to participation in any Investment Fund. SECTION 3. AUTHORIZATION OF FLGIT AGREEMENT. The County hereby authorizes and directs the Chairperson to execute, and the Clerk to attest under the 2 '-' ....I seal of the County, the Joinder Agreement for the purpose of becoming a party to the FLGlT Agreement and evidencing the County's agreement to become bound by the terms thereof. The Chairperson is further directed to deliver the Joinder Agreement to FLGIT for execution by its appropriate officers. Upon execution and delivery of the Joinder Agreement by the County and FLGIT, all of the terms and provisions of the Joinder Agreement and the FLGIT Agreement shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. The Joinder Agreement shall be in substantially the form attached hereto as Exhibit A, with such changes, amendments, modifications, omissions and additions as may be approved by the Chairperson. Execution of the Joinder Agreement by the Chairperson shall be deemed to be conclusive evidence of approval of such changes. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DUL Y ADOPTED this _ day of ,2001. ST. LUCIE COUNTY, FLORIDA By: Chairman Board of County Commissioners ATTEST: APPßOVffJ AS TO FORM MD CORRECTNESS: Clerk to the Board (SEAL) 7' J COO"TY ATTORNEY 3 '-' ....,,; EXHIBIT A JOINDER TO AGREEMENT AND DECLARATION OF TRUST '-' .""", JOINDER TO AGREEMENT AND DECLARATION OF TRUST THIS JOINDER TO AGREEMENT AND DECLARATION OF TRUST is made , 2001, by and between St. Lucie County (the and entered into as of "County") and the Florida Local Government Investment Trust ("FLGIT"). WHEREAS, it furthers the public interest for the County to invest any monies not immediately required to be disbursed and to maximize the net earnings on such funds; and WHEREAS, the FLGIT has been established for the purpose of establishing one or more investment funds (each referred to herein as an "Investment Fund") for pooling the surplus funds of participating public entities for joint investment in order to seek a higher rate of return without compromising the safety of such funds; and WHEREAS, the County desires to have the Investment Funds available should they be determined, at any time, to be an advantageous investment for the County's surplus funds; and WHEREAS, the Investment Funds are only available to public entities that have become parties to the Agreement and Declaration of Trust creating the Florida Local Government Investment Trust, dated as of December 1, 1991 (the "Trust Agreement"), as amended; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the County and the FLGIT hereby agree as follows: '-' """" SECTION 1. JOINDER IN TRUST AGREEMENT. Upon execution and delivery of this Joinder Agreement, the County shall become a full party to the Trust Agreement, the form of which is attached hereto as Appendix A and incorporated herein by reference, pursuant to Section 2.03 thereof. SECTION 2. COUNTERP ARTS. This Joinder Agreement may be simultaneously executed in two or more counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The signatures of parties appearing on one or more counterparts shall bind them as fully as though all such parties had signed the same counterpart. IN WITNESS WHEREOF, the Florida Local Government Investment Trust and the Board of County Commissioners of S1. Lucie County, Florida, have caused this Joinder Agreement to be executed and attested by its duly authorized officers, all as of the date first above written. FLORIDA LOCAL GOVERNMENT INVESTMENT TRUST By: Chairman of the Board of Trustees ATTEST: Secretary (SEAL) 2 ATTEST: ..... Clerk of the Circuit Court (SEAL) '" ST. LUCIE COUNTY, FLORIDA By: Chainnan Board of County Commissioners ..:,""'^~' f'> lei nHor'.' r'; /¡;? TO FiJRFò1 A~Ð Cl)B.ßf£nfta~; ¡" ,- -1 t:afillTf AY1'm~EY 3 .'-' APPENDIX A FORM OF AGREEMENT AND DECLARATION OF TRUST .." ( , . AGENDA REQUEST ITErJ>. Cf DATE: January 8, 2002 REGULAR [ X I PUBLIC HEARING [ CONSENT TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Auditor Selection Committee BACKGROUND: The contract with Ernst & Young, LLP , to provide auditing services on the County's general-purpose financial statements for the Board of County Commissioners and Constitutional Officers, expires with the completion of the 2000/2001 audit. Florida Statutes 218.391 (3)(a-b) (excerpt attached) require "The governing body of a noncharter county.. .establish an auditor selection committee...". According to the statutes, the committee shall consist of the county constitutional officers and one member of the board of county commissioners or its designee. Once established, the committee must publicly announce when auditing services are required to be purchased, to include a general description of the audit and instructions how interested certified public accountants can apply for cãnsideration. FUNDS AVAILABLE: N/A PREVIOUS ACTION: NA RECOMMENDATION: Staff recommends the Board of County Commissioners advise the constitutional officers of the fact that an auditor selection committee must be established in accordance with Florida Statutes. Further recommend the Board designate an individual to represent them on the auditor selection committee. 1 attachmo:nt: Excerpt from F.S. Ch 218 IX] APPROVED [] DENIED [ ] OTHER: Designate Comm. Bruhn oug Anderson ty Administrator COMMISSION ACTION: County Attorney: XX (Y C oordina tion! Signatures :vlanagement & Budget: XX m ~Ò') ,.j2chaSing: ~ Originating Dept: Public \V orks: Other: Fmance: XX: (COpy Only) ~ f I t CM.218 ANANCIAL MATTERS PERTAINING TO POUTTCAL SUBDIVISIONS F.S. 2001 (9) Each chart~chool and charter technical career center must file a copy of its audit report with the sponsoring entity; the locaJ district school board, ~ not the sponsoring entity; the Auditor General; and with the Department of Education. (10) This section does not apply to housing aLItl1ori- ties created under chapter 421. (11) Notwithstanding the provisions of any local law, the provisions of this section shall govem. HtoIOty...... as, en. 2001-2!!8. 218.391 Auditor selection procedures.- (1) Each local govemmentaJ entity, district school board, charter school, or charter technicaJ career cen- ter shall use auditor selection procedures when select. ing an auditor to conduct the annual financial audit required in s. 218.39. " . _:: '. (2) The goveming body of a charter county, munici- r . : . : . : :pality, special district, charter school, or charter techni- l- : :: . . .: : : ëå[ career center shall establish an auditor selection : : : . : : :c'qmmittee and auditor selection procedures or use the . : : : : . . : þ!oê:;~dures outlined in subsection (3). The purpose of I,' : : : :. . \hë.~ommittee and the procedures is to contract with an I' : ,'.,' :: '. ~ù¡:!~örto conduct the annual financial audit required in i .:. _ '. .:218.39. ¡. : : :. . (3) The goveming body of a noncharter county or ·1· . . - . district school board that retains a certified public accountant shaJl establish an auditor selection commit- : tee and select an auditor according to the following pro- )' cedure: (a) For each noncharter county, the aucfrtor selec. ! tion committee shaJl consist of the county officers 'I' \ elected pursuant to s. 1(d), Art. VIII of the State Consti- tution, and one member of the board of county commis- sioners or its designee. (b) The committee shall publicly announce, in a unifonn and consistent manner, each occasion when auditing services are required to be purchased.·Public notice must include a general description of the audit and must indicate how interested certified public ccountants can a 01 tor consideration. . (c) The. committee shall encourage firms engaged in the lawful practice of public accountit1g who desire to provide professional services to submit annuaJly a statement of qualifications and performance data. (d) Any certified pubfic accountant desiring to pro- vide auditing services shall first be qualified pursuant to law. The committee shaJl make a finding that the firm or individuaJ to be employed is fully qualified to render the required services. Among the factors to be considered in making this finding are the capabinties, adequacy of personnet, past record, and experience of the firm or individuaJ. (e) The committee shaJI adopt procedures for the evaJuation of professionaJ services, induding, but not limited to, capabifities, adequacy of personnel, past record, experience, results of recent externaJ quality control reviews, and such other factors as may be determined by the committee to be applicable to its par- ticular requirements. (~ The public shall not be excluded from the pro- ceedings under this subsection. ., (g) The committee shall evaluate~rent state- ments of qualifica~ons and performaI1ce data on ñle with the committee, together with those that may be submitted by other firms regarding the proposed audit, aI1d shall conduct discussions with, arid may require public presentations by, no fewer than three firms regarding their quaJificatior.s, approach to the audit. and ability to fumish the l'!JoGuired services. (h) The committee shall select in order of prefer- ence no fewer than three firms deemed to be the most highly quaJified to perform the required services after considering the following factors: the ability of profes- sional personnel; past performance; willingness to meet time requirements; location; and recent, current, and projected worldoads of the firms. However, such distribution shall not violate the principle of selection of the most highly qualified firms. If fewer than three firms desire to perform the services, the committee shall rec- ommend such firms as it determines to be qualified. (Q The committee may request. accept, and con· sider proposaJs for the compensation to be paid only during competitive negotiations under paragraph (h). The firm ranked first may then negotiate a contract with the board giving, amcng other things, a basis of its fee for that engagement If the board is unable to negotiate a satisfactory contract with that firm, negotiations with that firm shaJl be formally terminated, and the board shall then undertake negotiations with the second- ranked firm. Failing accord with the second-ranked firm, negotiations shall then be terminated with that firm and undertaken with the third-ranked firm. Negotiations with the other ranked firms shall be undertaken in the same manner. The board, in negotiating with firms, may reopen formaJ negotiations with anyone of the three top-ranked firms, but it may not negotiate with more than one firm at a time. The board shall also negotiate on the scope and quality of services. In mak· ing such determination, the board shall conduct a detailed analysis of the cost of the professional ser- vices required in adcfrtion to considering their scope and complexity. For contracts over $50,000, the board shall require the firm receiving the award to execute a tr1Jth-in-negotiations certificate stating that the rates of compensation and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. Such certificate shaJl also contain a description and disclosure of any understand- ing that places a limit on current or future years' audit contract fees, induding any arrangements under which fixed limits on fees win not be subject to reconsideration if unexpected accounting or auditing issues are encountered. Such certificate shall also contain a description of any services rendered by the certified public accountant or finn of certified public accountants at rates or terms that are not customer¡. Any auditing service contract under which such a certificate is required must contain a provision that the original con- tract price and any aeditions thereto shaJl be adjusted to exclude any siçnificant sums by which the board determines the contract price was increased due to inaccurate or incomplete factuaJ unit costs. All such contract adjustments shaJl be made within 1 year fol· lowing the end of the contract 112 -:-:..:. F.S. 2001 ;;t ; U) If contract' shall sele tinue ne~ until an 2 I-listory.~ IN' , I I ! J i ! I ! I ~ i j 1 ., 1 t ¡ 218.40 218.401 218.403 218.405 218.407 218.409 218.411 218.412 218.415 218.4C may be ( Surplus Hlstary.- 21M( mote, th: interest units of imposin~ HistOt'f.- 218.4 terms, 'Ir meaninç (1) . ager, ad tor of fin. less oftl istering (2) . known ( ments fc (3) . which tI ment is (4) , operatic (5) , or speci or fund! unit of I, plation\ intende- (6) . created ment S, (7) mental menter 01/04/02 FZABWARR FUND 001 001139 001140 001143 001265 001268 001269 001809 101 101003 102 102001 102104 103 105 107 107001 107002 107003 140 140001 , . 0307 ,314 140315 140800 145815 160 183 183001 183004 183211 183214 185002 205 282 316 316001 401 418 421 441 451 461 471 491 505 505001 ~ " ST. LUCIE COUNTY - BOARD ,.." WARRANT LIST #14- 29-DEC-2001 TO 04-JAN-2002 FUND SUMMARY TITLE General Fund FHA Transportation for 21st Century Section 112/MPO/FHWA FY01/02 Health & Human Srvcs CSBG FY01/02 TDC Planning Grant FY01/02 01/02 Haz Mat DCA Grant FDEP-Urban Mobile Lab Grant 01/02 SFWMD-F1oridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/Local Option Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinator Law Enforcement MSTU Library special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Port & Airport Fund Port Fund Const. Parking Apron#405823-1-94-01 Airport Utilities Imp. / FDOT Airport Drainage Master P1an- FDOT IRL Taylor Creek Restoration SFWMD SFWMD IRL 2001 License Plate Grant Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Civil Traffic Infraction officer st 01/02 OSCA Civil Traffice Infractio SHIP Housing Assistance FY 01/02 Beach Bond I&S Fund Environmental Land I&S Fund County Capital Transportation Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund EXPENSES 1421034.50 36.36 206.03 33.21 82.09 51905.00 88.30 90.95 28,192.94 908.88 13,033.54 7,322.44 93.82 5,626.11 2,444.85 181,318.14 62.72 31028.65 52.87 775.02 375.00 41020.00 4,824.00 401341.00 5,812.80 11264.29 3,466.20 11222.28 198.31 432.65 11488.00 152.00 183.01 4,516.56 8,794.30 958.72 5,891.37 13,317.00 101717.76 13.64 1,982.03 11639.89 241153.51 21912.14 461217.41 21464.85 11046.76 11390.90 PAGE 1 PAYROLL 416,649.26 475.20 2,650.21 446.57 11098.57 0.00 11188.80 1,188.80 1041577.30 0.00 471650.69 4,102.66 1,226.40 0.00 2,040.59 58,026.18 829.15 40,530.08 0.00 6,763.36 0.00 0.00 0.00 0.00 0.00 0.00 2,364.00 3,666.71 1,115.38 21874.61 0.00 0.00 21519.78 0.00 0.00 0.00 0.00 361299.07 211079.28 187.62 3,939.82 753.40 7,917.17 41971.62 21,002.61 842.40 11848.02 3,273.88 01/04/02 FZABWARR FUND 625 TITLE '-" " . Law Library ...., ST. LUCIE COUNTY - BOARD WARRANT LIST #14- 29-DEC-2001 TO 04-JAN-2002 FUND SUMMARY EXPENSES 5,760.46 GRAND TOTAL: 586,893.26 PAGE 2 PAYROLL 0.00 804,099.19 01/04/02 F"7,ABWARR ruND: CHECK 00279401 \..;- ....J II . ST. LUCIE COUNTY - BOARD VOID LIST# 14- 29-DEC-2001 TO 04-JAN-2002 PAGE 1 001 - General Fund INVOICE VENDOR I2205963 St Lucie Battery & Tire Inc FUND TOTAL: TOTAL 162.00 162.00 ~ ....,; . .. . 01/04/02 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR VOID LIST# 14- 29-DEC-2001 TO 04-JAN-2002 . _i;¡D: 160 - Plan Maintenance RAD Fund CHECK INVOICE VENDOR TOTAL 00278732 12204356 Rudd, Thomas 59.82 00278923 12205549 Duval, Blanche J 99.72 FUND TOTAL: 159.54 12/28/01 FZABWARR FUND 001 001139 001140 001143 001265 001269 001809 101 101003 102 102001 102104 105 107 107001 107002 111 112 113 114 115 - . ,.. ~ 118 119 120 121 122 123 126 127 136 138 139 140 140001 145815 160 183 183001 183004 185002 242 310002 316 401 418 '-' ......1 " ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #13- 22-DEC-2001 TO 28~DEC-2001 FUND SUMMARY TITLE EXPENSES General Fund FHA Transportation for 21st Century Section 112/MPO/FHWA FYOl/02 Health & Human Srvcs CSBG FY01/02 TDC Planning Grant FY01/02 FDEP-Urban Mobile Lab Grant 01/02 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/Local Option Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinator Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Fórfeiture Fund-E911 Surchar River Park I Fund J River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sheraton Plaza Fund Sunland Gardens Fund Sunrise Park Fund Paradise Park Fund Holiday Pines Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Port Fund SFWMD IRL 2001 License Plate Grant Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court SHIP Housing Assistance FY 01/02 Port I&S Fund Impact Fees-Parks County Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utiliti€s Fund 824,503.77 32.95 96.08 33.26 195.41 91.52 93.92 14,073.81 9,486.00 4,819.20 372.44 85.00 94.08 436,784.16 64.52 2,630.57 2,744.86 546.23 215.77 470.20 22.64 525.51 131.08 35.48 773.47 161.72 3.95 916.89 269.59 11 7.56 330.21 1,385.25 113.12 704.38 2,016.43 20,000.00 1,064.31 179.43 618.19 303.39 221.07 10,375.33 1,326.05 6,027.84 3,817.03 9,869.47 5,551.51 3,404.16 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12/28/01 FZABWARR FUND 441 451 461 471 478 491 505 505001 611 '-" ~ .- ' .""", ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #13- 22-DEC-2001 TO 28~DEC-2001 FUND SUMMARY TITLE North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund GRAND TOTAL: , " EXPENSES 5,028.55 2,265.60 3,983.63 5,314.19 475.20 2,352.93 148,620.11 139.67 253.54 1,536,132.23 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 '-' 12/28/01 , ST. LUCIE COUNTY - BOARD DATA .~ ... FZABWARR ...,.¡ L ~L-JD: 001 .- General Fund VOID LIST# 13- 22-DEC-2001 TO 28~DEC-2001 CHECK INVOICE VENDOR 00278128 I2203230 Creative Data Products FUND TOTAL: J ...,:. TOTAL 1,370.00 1,370.00 PAGE 1 12/21/01 F:ZABWARR FUND 001 001007 001106 001117 001139 001140 001143 001217 001249 001265 001266 001269 001809 101 101001 101002 101003 101006 102 102001 102104 , 107001 107002 107003 140 140001 l40121 140307 140309 140310 140312 142 145815 160 183 183001 183002 183004 183106 184203 184804 185002 301 310002 ?-'6 001 -.. ., ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #12- 15-DEC-2001 TO 21-DEC-2001 FUND SUMMARY TITLE EXPENSES General Fund General-Energy Efficiency Fund FTA-001-49 USC Sec 5307 (95/96) FTA 49 USC Sec 5307 98/99 FHA Transportation for 21st Century Section 112/MPO/FHWA FY01/02 Health & Human Srvcs CSBG FY01/02 DEP-Regiona1 Attenuation Facility Section 8 Grant FY 99/00 TDC Planning Grant FY01/02 CTD TRIP Grant FY01/02 FDEP-Urban Mobile Lab Grant 01/02 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust Interlocals Transporêation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinator Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Port & Airport Fund Port Fund FAA Taxiway A-3, Airfield Signage Canst. Parking Apron#405823-1-94-01 Installation #236741-1-94-01 Airfield Signage #408784-1-94-01 (FDOT) Taxiway A-3 Phase I Canst. Port MSBU Development Fund SFWMD IRL 2001 License Plate Grant 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 Ft. Pierce Beach Restoration FIND So. Causeway Shoreline Stabil. SHIP Housing Assistance FY 01/02 So. County Regional Stadium Impact Fees-Parks County Capital Transportation Capital 256,552.66 10,000.00 4,711.00 3,150.00 32.95 1,779.31 5,807.02 7,650.00 8,684.76 232.15 16,680.48 265.08 355.71 76,867.26 1,939.92 322.00 39,077.01 757.40 17,562.02 4,517.43 165.57 477.71 281,240.42 185.58 23,190.71 84.74 13,684.18 26,672.49 136,008.67 210,464.64 5,289.23 9,822.85 24,543.01 28,786.03 355.77 1,331.45 803.86 738.32 505.00 640.77 6,312.48 12,164.94 3,581.38 36,830.76 9,625.63 3,743.47 45,105.77 36,720.89 PAGE 1 PAYROLL 444,460.64 0.00 0.00 0.00 430.65 1,272.91 446.67 0.00 0.00 2,607.11 0.00 1,227.64 1,227.64 108,164.69 0.00 0.00 0.00 0.00 49,850.79 4,461.31 1,142.60 1,322.21 57,194.10 848.57 35,228.92 0.00 7,369.33 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,441.68 3,772.12 2,423.83 0.00 2,952.28 0.00 0.00 0.00 2,558.62 0.00 0.00 0.00 0.00 \...- AGENDA REQUEST .....,¡ ITEM NO. C-2a DATE: January 8, 2002 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 an Interlocal Agreement between St. Lucie County and the St. Lucie County Fire Department to provide emergency medical services at the St. Lucie County Sports Complex. BACKGROUND: The current contract for emergency medical services has expired. Staff would like to enter into an Interlocal Agreement with the St. Lucie County Fire District to provide these services. The Fire District is the only entity in the County that holds a Class "A" license which qualifies them to give first response medical attention. Utilization of their services will ensure a higher quality of service which has not been experienced at the Mets Stadium in the past. FUNDS AVAILABLE IN: 461 7521 534000700 (NY Mets Other Contractual Svcs.) 461 75201 534000 700 (SLC Sports Complex Other Contractual Svcs.) PREVIOUS ACTION: N/A RECOMMENDATION: Staff is requesting that the Board of County Commissioners approve an Interlocal Agreement between St. Lucie County and the St. Lucie County Fire District to provide emergency medical services at the St. Lucie Sports Complex and authorize the Chairman to sign. COMMISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: CE: ,2 Co,"~_'~J~ Originating Dept: . ( Finance: (Check for Copy only, if Applicable) Mgt. & Budget: I· Purchasing Mgr.: Other: Other: Eft. 1197 H:\WP\Agenda Interlocal with Fire Department.wpd ~ . '-' ~ INTERLOCAL AGREEMENT (ST. LUCIE COUNTY SPORTS COMPLEX - EMS SERVICES) THIS INTERLOCAL AGREEMENT made and entered into this day of ,2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as ·County" and the ST. LUCIE COUNTY FIRE DISTRICT, an independent special district, hereinafter referred to as the "Fire District". WIT N E SSE T H: WHEREAS, the County desires to use persons employed by the Fire District to provide emergency medical services during scheduled events at the St. Lucie County Sports Complex, hereinafter referred to as the· Sports Complex"; and, WHEREAS, the Fire District has agreed to provide Fire District employees to perform emergency medical services at the Sports Complex. NOW, THEREFORE, in consideration of the premises and undertaking contained herein, the parties hereto agree as follows: 1. This agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. 2. Upon request of the County, the Fire District shall provide three (3) Fire District employees for major league training and two (2) Fire District employees to perform emergency medical services during other scheduled events at the Sports Complex. The number of Fire District employees provided for each event at the Sports Complex may be increased or decreased as mutually agreed upon by the parties prior to each event. 3. In return for the faithful performance of the services provided in accordance with the terms and conditions of this Agreement, the County agrees to pay to the Fire District twenty-five and 0/100 dollars ($25.00) per person for each hour of service. The parties also agree as follows: a. Fire District employees will be in uniform and on scene thirty minutes prior to the event, and would not leave the stadium unless relieved by other personnel, or upon the event's conclusion as determined by the Stadium Manager. G: \atty\agreemnt\i nterlac \ Fi re District -EM T -1- ~ , \.,..r ~ b. The Fire District shall provide a periodic list of dispensable items used for patient treatment (i.e.: Band aids, ice packs, etc.). All items used shall be supplied by the County. c. Medical treatment reports shall be provided to the County for patients treated at the stadium, but will be submitted to the Fire District if a patient were to be transported to a hospital from the event. d. Fire District employees will be dismissed from the assignment and barred from future assignments for breaches of the Fire District's Code of Conduct, or rules established for the detail while working the stadium detail. e. The County will supply radios to Fire District personnel for communications with Stadium Management. 4. On a monthly basis, the Fire District shall submit a bill to the County sufficient for audit purposes clearly identifying the services provided. 5. Either the County or the Fire District may cancel and terminate this Agreement with or without cause upon thirty (30) days written notice to the other party, and at that time, all responsibility and obligation under this contract will terminate. In the event of termination of this contract, the Fire District shall be reimbursed for all services rendered through and including the date of termination. 6. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 7. The Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 8. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail, return receipt requested, and addressed as follows: If to County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 With Copies to: Recreation and Parks Director 2300 Virginia Avenue Fort Pierce, Florida 34982 G: \attylagreemnt\interloc\Fíre District-EM T -2- ;0 .' '-" ..., County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 If to Fire District: St. Lucie County Fire District 2400 Rhode Island Avenue Fort Pierce, Florida 34950 This Agreement shall be filed with the Clerk of the Circuit Court in St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ST. LUCIE COUNTY FIRE DISTRICT ATTEsT: BY: Chairman Clerk G: \atty\agreemnt\i nterloc \Fi re District-EM T -3- , ........... '-' AGENDA REQUEST 'WI ITEM NO. C-2b DATE: January 8,200,," REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Director, Parks & Recreation SUBMITTED BY(DEPT): Parks & Recreation SUBJECT: Award Bid # 02-003 to Building Services Industries, LLC to provide cleaning services at Thomas J White Sports Complex and approval of contract. BACKGROUND: On October 26,2001, cleaning services for Thomas J White Sports Complex were put out to bid. Five hundred fifty five (555) companies were notified, 14 bid documents distributed and 1 bid received. Staff would like to enter into a contract with Building Service Industries, LLC for these services. After review of their proposal, staff has determined that the company will provide quality and reasonably priced services. FUNDS AVAILABLE IN: 461 7521 534000 700 (NY METS Other Contractual Svcs.) 461 75201534000 700 (SLC Other Contractual Svcs.) Sports Complex PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners award Bid # 02- 003 to Building Services Industries,LLC, approve contract as prepared by the Attorney's Office and authorize Chairman to sign. COMMISSION ACTION: CE: [xl APPROVED [] DENIED [ ] OTHER: County Attorney: a~/ ~ Coordination/Siqnatures Mgt. & Budget: þt ~mij; Other: Purchasing Mgr.: ;fJ- Originating Dept: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\WP\TJ WHITE cleaning Bve agenda.wpd , '-" BUILDING SERVICE INDUSTRIES, LLC -..I ,- \:: 1\ .~ r ',-", November 26, 200 I St. Lucie County Purchasing Department 2300 Virginia Ave. Room 228 Ft. Pierce, Florida 34982-5652 Re: Bid # 02-003 Event Cleaning of Thomas J. White Sports Complex Dear Sir: Thank you for the opportunity to respond to this request for proposal for janitorial servIces. Building Service Industries, LLC services numerous clients of similar size and scope of \vork in Florida including Fort Pierce Utilities Authority. Our approach to quality service is based upon a balanced bid reflecting a reasonable measure of management, supervision, staff, equipment, supplies and expertise. We understand the importance of maintaining a clean environment for the employees, players and patrons of the Thomas J. White Sports Complex and are committed to providing quality service. Enclosed is some infonnation about our Florida Clients and capabilities. Florida Regional Offices: Imperial Plaza- 6767 Wickham Road Melbourne A. 32935 Phone: 321/480-9590 1000 PHIA 3" Floor West Palm Beach Fl33406 Phone: 561/688-1011 National Headquarters: P.O. Bo)¡ 548 Morlches New York 11950 Phone: 631/874-5140 '-' ...., November 26, 200 I Building Service Industries, LLC Staff Capabilities BSI's approach to providing responsive and consistent service is to provide experienced management and supervision along with adequate staff, new equipment and quality supplies. At start-up, BSI's off-site Manager will interview current employees, fill vacancies, provide orientation and stock the buildings with supplies and equipment. He will interface with your designated representative and oversee all janitorial activities. Supervisors will oversee all routine, periodic and project activities, carry communications and respond when called, place supply orders, report payroll, ensure equipment is in safe working order and fill in as required. BSI's on site supervisor will receive any deficiencies and correct them immediately. He will report satisfactory completion to your designated representative and advise the off site manager. Direct responsibility for this project will be assigned to Mr. Charles Reiman Regional Manager. Mr. Reiman works out of our Melbourne, Florida Office. He can be reached at 321/480-9590. Home Office Support: Every manager and supervisor within our organization can reach out to the home office for support around the clock. In the event of an emergency, such as hurricane cleanup, or support concerning any issue, the home office is ready to assist. A home office representative will periodically visit the facilities for inspections, customer contact and staff recognition for ajob well done '-" "'" BID #02-003 EVENT CLEANING OF THOMAS J. WHITE SPORTS COMPLEX CUSTOMER REFERENCE LISTING Contractor shall furnish the names, addresses, and telephone numbers of a minimum of three (3) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. 1) Company Name Fort Pierce utilities Authority Address 1701 South 37th St. Ft. Pierce, FL Contact Person Jan Gorham Telephone Number 561/460-2200 Ext. 127 Facsimile Number 561 /595-1055 2) Company Name Palm Beach International Airport Bldg. 846 West Palm Bach, FL Address Contact Person Richard A. Roberts Telephone Number 561/471-7465 OR 561/471-7454 Facsimile Number 3) Company Name Brenner Realty Address 1000 E. Hillsboro Blvd. Dearfie1d Beach, FL Contact Person Ms. Carla Casey, Property Manager Telephone Number 877/978-9968 Facsimile Number -24- Bid No. 02-003 FI~a Clients of Building Service Industries, LL(.., . -', At'''' ff ç"' 1~" ..J :·;,'fi!~ "\:1i~;1 '<;,-j~~ Y-:l Launch Pad 36 . Cape Canaveral BSI cleans the 200 foot tower and ground level support buildings. Port of Palm Beach BSI is fine cleaning the terminal facilities for opening day and will provide ongoing janitorial and maintenance services. : .;'.;l_.. .;p" ---'_._~. _ .,..:.:'::';"~~-':~~~:~'~ ~. _~t~i~~~~~T~~~~;.~_...~.... ..,.~' .~,-.:,:-."r, .~." .,"~:f:l;.~f};~[.. 'J>:J;'" . ........._.-.-......~--.-- .~'.._-'_........... -.--...-....- Imperial Plaza· Melbourne BSI cleans the largest Class A office building in Melbourne. Palm Beach International Airport BSI performs seven day twenty·four hour cleaning services. '-' ~ BID FORM All bids must be submitted in a sealed envelope addressed to the St. Lucie County Purchasing Director, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. BID #02-003 EVENT CLEANING OF THOMAS J. WHITE SPORTS COMPLEX I, JoseDh KleinDeter REPRESENTING BSI, LLC Company and/or Corporation, agree to furnish the services required in the specifications for the price of: 1. Total Cost per Game for Spring Training $ fic)R 86 2. Total Cost per Game for St. Lucie Mets Season $451.65 Bid Obligation It is understood that this Bidder is bound by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening. The Board of County Commissioners and reserves the right to waive any informalities or minor irregularities, reject any and all bids which are incomplete, conditional, obscure, or which contain additions not allowed for, accept or reject any bid in whole or in part with or without cause, and accept the bid which best serves the County. NAME OF BIDDER: Bui1dinq Service Industries, LLC ADDRESS: Imperial Plaza, 6767 Wickham Rd., Melbourne, FL. PHONE: FAX: 321/956-9941 SIGNED BY: TITLE: Pre DATE: November 26, 2001 -23- Bid No. 02-003 .'-"2 2 2 (1) c: c: c: ., š: :s: s: Co OJ OJ OJ (1) m m m 3 ;:c ;:c ;:c III 0 0 0 :3 Co "" "" ï1 III OJ !!! () - III 0 C 0 :"' s: n CJ C 0 ;:c 0 "tI 3 :Þ m () 2 () c: m s: m < m CJ) m 2 2 0 -; 0 CJ ::! 0 ::!J CJ) m -; c ;:c . OJ c: -; m c . -0. c.n .... c.n .þ. c.n tJJ e: - r 0 - Z G') CJ'J m ::tI < < (") m m Z - 0 Z 0 0 e: ::tI CJ'J CJ'J ~ ~ m CJ'J ~ r r (") CJ'J(") "'CO ~CJ'JtJJ ~ Z~a Ø') G)"'CJ~ <D ~mO c:o Co ::tI::tI~ Ø') ~G»> Z»r -:!: tšm CJ'J(") ~O . CJ'J tJJ ~ CJ'Jr~- me: 0 .þ. »(")"'CJ~ U'\ CJ'J-mo ... en om::tl~ U'\ z:!:G'»> rn»r ~s: CJ'Jm 0 ~ m "'C » < m ::tI m Z " Z m CJ'J ~ 0 ~ (") . . r ;;0 m z m » 0 (") Z < ;;0 - m m z s: » G) tJJ ::! 0 m 0 -n ::tI Z ~ '" J: c:o 0 ~ '" :!: 0 » 0 CJ'J ... c.. @ . ~ tJJ '" ~o . . :I: 0 =¡ »» 0 "'C m tJJ::tI s: CJ'J e:O "'C ro 0 »-nCJ'J ::tI :::1(");-; ~ OOr CJ'J Ze:e: (") CJ'JZ(") 0 :I:~ñi :!: m(")(") "'C r ~OO m ,s:e: >< tJJS:z --~ CCJ'J-< oCJ'J ",- ,0 Oz Om w::tI CJ'J '--' ....I CONTRACT THIS CONTRACT, made this day of 2001, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and BUILDING SERVICES INDUSTRIES, LLC, or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR" : WITNESSETH: 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 in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the work to be done under this Contract. 2. GENERAL DESCRIPTION OF WORK It is agreed that the work to be done under this Contract is the cleaning of the Thomas J. White Sports Complex on an as needed basis for both NY Mets games and St. Lucie Mets games to include clean up on restrooms at the direction of the County proj ect Manager or his designated assistant. 3. PROJECT MANAGER The Project Manager for the County is Tommy Bowes at (561) 871-5478. The Project Manager for the Contractor is Charles Reiman at (321) 480-9590. 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. Except as otherwise provided for in this Contract, the Project Managers shall be responsible for overall -1- ~ ...,¡ resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. 4. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, inclusive. consisting of pages 1 through 14 B. Contractor's Bid, consisting of 6 pages. C. Bid Documents, consisting of: Call for Bids and Instructions to bidders. General Conditions, pages 1 to 6, inclusive. Special Conditions, pages 7 to 8, inclusive. Technical Provisions, page 9. D. Insurance Certificates which shall be provided by the Contractor, along with the return of an executed copy of this Contract. E. Any Modifications, including change orders, delivered after execution of this Contract. duly Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 5 . PERFORMANCE GUARANTY That Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defect in workmanship or material appearing in the work; and further guarantees the successful performance of the work for the service intended. Neither inspect ion nor payment, including final payment, by the County shall relieve the Contractor from his or its obligations to do and complete the work in accordance with this Contract. If the County deems it inexpedient to require the -2- \.".< -...I Contractor to correct deficient or defective work, an equitable deduction from the contract price shall be made therefore or in the alternative, if the expense incurred by the County to correct deficient or defective work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The liability of the Contractor and its surety or sureties for such payment is joint and several. 6. TIME OF PERFORMANCE/DELAYS AND EXTENSIONS OF TIME The Contractor shall begin work as directed by the County Project Manager or his designated assistant. The work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the work within the time limit set forth in the Contract. Any schedule change shall not extend the time for completion unless approved by the County in writing. In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of carrying on the work be manifestly incompetent, or inadequate to do the work specified within the stated time, then the County shall have the right to take charge of the work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the County authorizes such payment in writing. As the Contractor I s only remedy for delay, the County may grant an extension of the contract time, when a controlling item of work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the County. All authorized extensions of time shall be done by Change Order. 7. DELAY DAMAGES It is mutually agreed between the parties hereto that time is of the essence in the performance of this Contract. In the event the construction of the work is not completed within the time herein specified the County will suffer damages, the amount of which is difficult if not impossible to ascertain. It is agreed, -3- \.,; ""'" therefore, that from the compensation otherwise to be paid to the Contractor, the County may retain the sum of $25 per hour for each hour thereafter, that the Work remains uncompleted. This sum shall represent the damages which the County will have sustained from the inconvenience and expense caused to the County by the delay in the completion of the Work. This sum is not a penalty, being the liquidated damages the County will have sustained in event of such default by the Contractor. The County also reserves the right to recover actual damages for other harm which results from the delay. The Contractor shall be liable for liquidated damages even if the Contract is terminated by the County for cause or if the Contractor abandons the Work. The liability of the Contractor and its surety or sureties for liquidated or actual damages is joint and several. 8 . TERM The term of this Contract shall be from January 1, 2002 to December 31, 2003 with the option to renew. 9 . CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract at the rate of $698.86 per New York Mets game and $451.65 per St. Lucie Mets game based on invoices provided to and approved by the County in a total amount not to exceed $42,410.75 per year. The Contractor shall submit monthly invoices to the County. Payment shall be made within 45 days of the County's receipt and approval of each monthly invoice. 10. SUBCONTRACTORS In the event Contractor requires the services of any subcontractor or professional associate in connection with the work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such subcontractor or professional associate. 11. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. -4- '-" '-' The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 12. PUBLIC RECORDS The Contractor shall allow public access papers, letters, or other material subject to Chapter 119, Florida Statutes, and made or Contractor in conjunction with this Contract. to all documents, the provisions of received by the 13. GUARANTEE The Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defects in workmanship or material appearing in the work within one year after the day of the certificate for final performance of the work for the service intended. Contractor further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment by the County shall relieve the Contractor from his or its obligations to do and complete the work in accordance with this contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective materials or labor, an equitable deduction from the contract price shall be made therefore or in the alternative, the County may sue for damages. This guarantee is in addition to any other warranty available to the County for the work including but not limited to manufacturers warranties. 14. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the work, or because of the nature of the ground in or on which the work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract -5- \..; """" Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with the local conditions under which the work is to be performed, and correlated personal observations with the requirements of the Contract Documents. The Contractor shall protect the entire work, all materials under the Contract and the County's property (including machinery and equipment) in, or on, or adjacent to the site of the work until final completion and protect the work from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever i should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property (including without limitation) interim persons, members of the public, the County and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said work is being performed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities and building codes. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools, appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 15. INDEMNITY Contractor agrees to pay on behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as -6- ~ ..."./ "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non- performance or purported performance of the Contractor of any breach of the terms of this Contract i provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. In conformance with section 725.06, Florida Statutes (2000), the specific consideration given for the promises of the Contractor set forth with regard to this indemnification and hold harmless clause is $10.00 in hand paid by the County to the Contractor as a portion of the contract price, receipt thereof is hereby acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the County under the requirement of section 725.06, Florida Statutes. This indemnification and hold harmless clause survives acceptance of the work. This clause of the Contract will extend beyond the term of the Agreement for a period of ten (10) years after the date of the acceptance of the work by the County. 16. INSPECTION The work will be inspected by the Project Manager and will be -7- '-" """" rejected if it is not in conformity with the Contract provisions. Rejected work will be immediately corrected by the Contractor. 18. INSURANCE Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $3,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Workers' Compensation and Employers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (Chapter 440, Florida Statutes(2000)) limits to cover all employees and include Employers Liability coverage with limits of not less than $1,000,000 for accidents or disease. The policy shall also provide that the County will be given a thirty (30) day written notice of cancellation or non-renewal. 19. DEFAULT: TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under -8- '-' ..." 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 Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) I f the Contractor should be adj udged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material to meet the project schedule or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. The County may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by Contractor to complete the work. If the expense incurred by the County to finish the work exceeds the 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. The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The obligations of the Contractor with respect to the warranty and maintenance shall remain in full force and effect for the portion of the work completed by the Contractor and shall not expire until the expiration of the prescribed time -9- '-' """ period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. If the County makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The Contractor agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination. B. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. Upon such termination, the Contractor waives any claims for damages from the termination without cause, including loss of anticipated profits, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized work satisfactorily and responsibly completed through the termination date. In the event of termination by the Contractor without cause, the County shall have the right to, at its option, solicit bids for the completion of the unfinished portion of the Work, or to negotiate with the number two bidder under the original bid; and the Contractor shall be responsible for all costs over the original Contract amount incurred by the County, such costs may include advertising, and administrative expenses incurred with the solicitations of bids for the completion of the unfinished portion of the Contract. These clauses shall survive the termination of this Contract. 20. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 21. VERIFICATION OF EMPLOYMENT STATUS The County will not contractor who knowingly constituting a violation intentionally award contracts to any employs unauthorized alien workers, of the employment provisions of the -10- '-'" .....1 Immigration and Nationality Act ("INA"). The Count shall consider the employment by the Contractor of unauthorized aliens a violation of 8 D.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. 22. PRODUCTS OR MATERIALS WITH RECYCLED CONTENT Contractor is required to procure products or materials with recycled content with respect to work performed or products supplied under the contract when those products or materials are available at reasonable prices. A decision to not procure such items must be based on a determination that such procurement: a) Is not available within a reasonable period of time; or b) Fails to meet the performance applicable specifications or fails performance standards of the agency. standards set forth in the to meet the reasonable Contractor shall provide the County with a written statement indicating what recycled products were used or supplied. If a decision was made not to use recycled products, Contractor shall provide County with a written statement indicating the basis for the decision using the above criteria. 23. FLORIDA PRODUCED LUMBER Where applicable Contractor agrees to comply with the provisions of section 255.20, Florida Statutes (2000) and as may be amended from time to time. 24. ASBESTOS-FREE MATERIALS Contractor shall not use any asbestos or asbestos-based fiber materials in the work performed under this Contract. 25. 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. 26. ATTORNEYS' FEES AND COSTS -11- \....- 'wi In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, subj ect to the provisions of section 768.28, Florida Statutes, and in no way altering the extent of the County's liability under section 768.28, Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Contractor and its surety or sureties for such fees and costs is joint and several. 27. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, te1ecommunicated, 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: Building Service Industries, LLC Imperial Plaza 6767 Wickham Road Melbourne, FL 32935 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 -12 - ~ "" 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. 2 8 . NON - WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 29. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in section 112.311, Florida Statutes (2000) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified 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 prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 30. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the -13- '--' '-' Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 31. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 32. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law, and the Southern District of Florida, for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. -14- \.,..- ATTEST: CLERK WITNESSES: C:\Temp\buildingsvc.wpd -15- '-' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Building Service Industries, LLC BY: Print Name: Title: ............ '-' AGENDA REQUEST IT~O. C-2c DATE: January 8, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Director, Parks & Recreation SUBMITTED BY(DEPT): Parks & Recreation SUBJECT: Approval to purchase Kronos timeclock for utilization by park's maintenance personnel. BACKGROUND: With the opening of the South Regional Sports Complex, and the re-assignment of a few Parks employees to that location, staff is requesting that a Kronos timeclock be purchased from the Parks budget and installed on the south side ofthe building, Gate c entrance ofT.J. White Sports Complex so as not to impact operations of the maintenance area. Currently the park's maintenance personnel must clock in and out at the Lawnwood Sports Complex. Due to a cost savings from this years capital equipment line, funds are available to purchase this piece of equipment. A quote has been obtained from Information Technology in the amount of $2,629.25. FUNDS ARE AVAILABLE IN: 001-7210-564000-700 (Parks Machinery & Equipment) PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners approve the purchase of a Kronos timeclock in the amount of $2,629.25 to be utilized by park's maintenance personnel and approve EquipmentRequest # EQ02-175. [x] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attorney: ~ Coordination/Siqnatures M9t.&BUdget:~ Other: Purchasing Mgr.: Originating Dept: Other: H:\WP\Purchase of Krona Clock for South County Reg. Sports Complex.wpd '-' ~ PARKS & RECREATION DEPARTMENT PARKS DIVISION MEMORANDUM #02-031 TO: Linda Brown, Administrative Manager FROM: Deborah Huffman, Administrative Secreta~ DATE: December 7, 2001 RE: Kronos timeclock *************************************************************************************************** With the opening of the South Regional Sports Complex, and the re-assignment of a few Parks employees to that location, Pete requested that a Kronos timeclock be purchased from the Parks budget and installed on the south side of the building, Gate C entrance ofT.I. White Sports Complex so as not to impact operations of the maintenance area. This was not a previously budgeted item for this year. I have checked with Desiree in Purchasing, she has indicated there will be a savings from this years capital equipment line to pay for this piece of equipment. The account number to charge would be 001-7210-564000-700. I believe this has to go to the BOCC for approval, could you take care of this? Thanks......... R\WP\Logs\Memo log 2001-2002\02-0)\ KronOi timtçlock..wpd m "" c... [J m c c " c: c: " I.... <: m c: CJ) c c: 1J :¡; ::! G) :¡; (ij :Þ š: "T1 m š: Õ ;0 m Õ -I m z -I Z ~ ... :Þ z š: -I š: :-:I m Õ I/ z ;0 0 :-:I m z c: ~ .. . . Z -I II .. 111 ~C') ..... {A ~ ~ ~ 0 ¡¡;. !:; .1\,) a '" ëti 0) 0 :::tJ :::tJ I\,) / I\,) :z: @ @ , CÐ ::¡ ~ ...... C) .... 0 "I ~~ I\,) ):. OJ . OJ C/J C') .... ::j :z: C) ::¡- CJ -0 CÐ . . :s:: :::tJ ::;:\] 111 C) Q) C') 111 -~ C') CÐ :00:- r- oO IJI- ............. 0 :::tJ .g- :3 C') ~ IIi· " :3 ~. :::! en CÐ ::¡ ....... 0 ::¡ (þ :z: :-I ....::¡ m ~~ D r CÐ C') c: c: - CÐ > 0 2'-0 - ::¡ CÐ G')"tJ¡:¡; Q,ë;¡ mS::O IJI 0 Q) ::¡ ZmO ëti ::¡ ..... CZc: <D >-IZ Q) - Q3 :3 ;;0;;0-1 -. c:: mm-< Q)IJI . 0-.... DDCJ -C') .... <D õ" C:C:O õ~ mrn> -0 _. en-l;;o » c:: ::¡ - ~ C) -I z :Þ ;0 C"T1C () ::¡-::¡ m 1J m () Q) Q, ~ 1J () >00 IJI 0 0 <D c:: ....... ;0 0 -I;;o"T1 c: .... .... ;0 0 š: m"T1O ::!.Q) m < z 1J š: .. Cño -I IJI - m ;:::;::; r- C m 0 Oc: Z <D <D :Þ z ~ c: :3 r- () C - >Z ..... 0 š: . Q) m m 00 ï-l [J ):.~ š: c - -<-< m .0 ::¡ m 0 ;:9 c:: ~ Z I\) mo :-:I >0 Q.o ;;Os:: <D Q. ~.g> . I\)S:: .. 0- IJI 0 ... oen 0-;:0. ~en <D '" .... I _ CÐ C') 1\)0 a ::¡ 0 ~ ~ ~ gz a o :3 ...... S!:1:) I\)m I C) - > ~ C/J C/J ;;0 ¡:j s· ~ ........ en ...... <D' a ~CJ I OJ ::¡ c:: 0) _CÐ . ~ ::¡-.... a <D 0 a C) C) :z: a 3 C') 0 I "I o 0 a c:: IJI a ::¡ .... .. -:a ....'" o Q) Q) ~" ;(. {A S· '" -I\,) CQ ~ O)IJI :::tJ I\,)~ .... 111 (00 ::s C') r..,:3 1./ ::¡- C/J S· pi I g¡ <D . .;¿ .... !(a ~ .... c:: 'Õ. . 3 ...... <D ~ ......... ." ~ \wt AGENDA REQUEST ...., ITEM NO. C-2d DATE: Jan 8, 2002 REGULAR [] PUBLIC HEARING [ ] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh SUBMITTED BY(DEPT): Parks and Recreation SUBJECT: Fence repair/replacement at the Lawnwood Sports Complex baseball field #1 backstop and bleacher (grandstand) section, and replacement of press box/concession roofs at Elks Park. BACKGROUND: Please see attachment. FUNDS WILL BE MADE AVAILABLE IN: 316-7210-563000-76014 (Improvements OIT Bldgs - Elks Park) 316-7210-563000-7615 (Improvements OIT Bldgs - Lawnwood Park) RECOMMENDATION: Staff requests that the Board of County Commissioners approve contracts with Adron Fence and Andy Edwards Roofing in the total amount of $12,992.00 as prepared by the Attorney's office and authorize the Chairman to sign. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: (b 1~""'4 County Attorney: Originating Dept.~ Other: Finance: (Check for Copy only. if applicable) Review and Approvals I'f ï'" ç, 1 Management & Budget '111 \ \ 1\'( \ Purchasing: \ Other: '-" ...,.¡ Agenda # C-2d January 8,2002 -Repairs & Replacement sat Lawnwood Sports Complex & Elks Park BACKGROUND: On October 18, 2001, Wayne Teegardin, Safety/OSHA Specialist, inspected the main bleacher (grandstand section) and the backstop fencing, field #1 at Lawnwood Sports Complex and determined that it should be closed off to public access and not be used until repairs or replacement have been madeto the deteriorated safety rails. During a follow-up inspection of Lawnwood Sports Complex on November 6, 2001, Mr. Teegardin determined that the backstop fencing at field #1 and the fences surrounding softball fields # 2 & # 3 also presents a hazard and is in such poor condition that it warrants replacement as soon as possible due to rusted couplings and sharp edged fence hardware (complete reports attached). On October 31,2001, Commissioner Bruhn phoned our office in reference to concerns about debris falling off of the press box/concession building at Elks Park. Prior to his call staff had received similar calls from the sports leagues about their concerns that the flying debris could injure a child. Upon receipt of the first calls, staff did an inspection of both the American & National League press boxes and determined that both roofs are in poor condition and could cause a hazardous situation. Some of the fence repairs at Lawnwood Sports Complex have been funded utilizing Parks & Recreation's regular maintenance budget, however, the funds needed for the remaining fence replacement/repair at baseball field # 1 backstop, the fences surrounding fields # 2, #3 and bleacher (grandstand section) section safety railings/fencing at Lawnwood Sports Complex, as well as, the press box/concession roof replacements at Elks Park are not budgeted. The total amount needed to complete all repairs is $12, 992. Considering the safety issues involved, staff is requesting that the Board of County Commissioners approve the use of $12,992 out of funds that are available from balances of carry forward projects expended in the previous year, FY 01 to complete the repairs/replacements and give approval for staff to contract with Adron Fence and Andy Edwards Roofing, the lowest responsive quotes. ~ ~~ /..$>~·''''~I rì"..'0:~ ¡, .'\*L<Y. I-..:./~~_...//~::.A\ Iu, ." . n ., A . .' .¿,\ 1\. foiii! ..JU' il . (··:;:·"'~-'f'~:/' :'" :.."'¡:.;..\,... J \ ,~~1'.~ ;j . '. ....'~'-Ll.. ~'" ,.. . r-I _.~ ,r;/ "~~OR\,\>Ç ~ .....,¡ SAFETY / RISK MANAGEMENT MEMORANDUM # WT-OI-041 TO: JIM CUMMINGS, MANAGER PARKS & RECREA nON FROM: WAYNE TEEGARDIN, SAFETY I OSHA SPECIALIST DATE: OCTOBER 18, 2001 SUBJECT: BLEACHERS & BACKSTOP AT BASEBALL FIELD # 1 An inspection on the afternoon of October 18, 2001, of the main bleacher (grandstand) section at the above mentioned baseball field revealed that the side and rear (top of grandstand) safety rails have deteriorated to the point that they are no longer safely performing the function of their design. The side and rear safety rails are constructed of galvanized pipes that are set into the concrete of the grandstand with chain link fence siding that prevents children or adults ITom slipping underneath the handrails. In its present condition, the fence is a hazard. If a child or adult were to lean against the fence it is possible that the fence could fail and the end result of that happening could be a fall of up to 20 feet. IMMEDIATE RECOMMENDATION: I am recommending that the grandstand bleacher section of baseball field # 1 be closed off to public access immediately and not used until repairs or replacement have been made to the safety fencing. SECONDARY RECOMMENDATION: I would also recommend that a bleacher consultant be retained to inspect county bleachers and prepare a condition assessment. '-" Jim Cummings - Memorandum # WT -01-041 '-' Page Two Additionally, the chain link fence that forms the safety rail at the top of the grandstand bleachers is in poor condition and was installed with sharp end points protruding beyond the top rail support post. The points shown at right are located at a height that could catch on a persons clothing or cut or scrap their arms. Unattended children playing in this area could easily be injured on the protruding points. The main support posts supporting the chain link fence at the top of the grandstand are also rusted and deteriorated beyond repair. A failure of the safety fence at the top of the grandstand would result in a fall of20 feet to the ground below. The fencing on the field backstop contains several sections that are in various stages of disrepair and constitute a hazard to patrons visiting the field. The upper section of backstop fencing shown at left contains a hole large enough for a baseball to easily pass through the opening and into the grandstand bleacher section where an unsuspecting patron could be struck. LARGE HOLE IN BACKSTOP FENCE BEHIND HOME PLATE The backstop fencing should be repaired or replaced as required to eliminate this hazard. The picture at right shows a section of the backstop fence that has become damaged and presents a hazard to players using the field. A ball that gets past the catcher could get trapped under this section of dislodged fencing and the player attempting to retrieve the ball could conceivably be injured. It is recommended that the backstop fencing be repaired or replaced as soon as possible to prevent possible injuries to players or patrons viewing the games. Copy: J.D. Finnegan, P. Keogh, R. Bradshaw. '-' ...., Jim Cummings - Memorandum # WT -01-041 Page Three ADDITIONAL PHOTOS DETERIORATED FENCING AT TOP ~ DAMAGED FENCING AT TOP MAIN SUPPORT POST RUSTED THROUGH ,.. .-, .- t.,:'. . .~.... , '';'~' _ .' ~7 Î. '-' ....I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA To: Jim Cummings, Manager Parks & Recreation From: Wayne Teegardin, Risk Manager Date: November 6, 2001 Subject: Fencing Safety Issues As a follow-up to my recent inspection of the Lawnwood Sports Complex I would like to address the fencing surrounding Softball Field 2 and Softball Field 3. There are several areas in the fencing surrounding the softball fields mentioned above that are in poor condition. Sharp edges exist where the fencing was coupled together but has now rusted and deteriorated to the point that it requires replacement. Rusted couplings and sharp edged fence hardware is scattered around the entire length of all fencing. This presents a hazard in that a player reaching for a fly ball could come in contact with the deteriorated fence sections. I would suggest that the fencing be repaired as soon as possible and that adequate monies be requested in future budgets for continued maintenance of such items. If you have any questions regarding my inspection of this property please contact me at extension l783. ,--.- I' ff, r;, -..:::-------- ,.. ... f~" ,.- n ("1,.., -. . . l,.,.., ¡~ 'I " r~ .-.. ; . 0- __ " ;. ;; '. ,'", , \. 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I J_¡¡f-c-Þ- r++-: ;-;-c-- i----·- -T- I L.._LJ_._L..l_~il\anQ~~~.J~QlliJam-L_.LJ...J_._; CUSTOMER APPROVAL: {1 \è.bJjjf I COST A~öw.. DEPOSIT. BA.LANCE ______ 'TERMS ~o # ,vt r J(J J)~)"f THIS PRICE EFFECTIVe UNTIL DENNIS L. DONNELLY PERSONNEL ~ OVER PoIONE LEFTME~SAm _ INSTALLER DAT:: __. (8$3) 7$'-6231 ~S(j2-OO22 PM SLC LEISURE SERVICES OCT-ls-a1 THual.;..;?9 v ......."n ~t:DtIING JUPitER (841) 3&5-4493 (561) 744.ma FOAr PIERCE (561) 46S'38~ r'_~ (1:100) 2H2-5172 FAX (BG3 763-a404 4e7 467 2377 p.a4 IITUART (561) 283-4540 S!!llE. }f!. (561)~9 I JOB NAME: S -r. '- \J(,,; to (,ð P t..1')(. ~ a.. &. JOBADORESS: J)Q'l.. V;,..~:,,;ø. Q,~.w..\¡...\t a. DCITY . QCOUNTY Fr: P. ....c.... MArLING ADDRESS PROP ID. # ~~WRlCTIONS': l1Kl 1 ~:=g,WNERS DIRECTIONS: CLOSEST INTERSECTING STRI:ET: STYLE FENÇE' HEIGHT .2 '4 I DATE: . q - I ~ . 0 f CONTACT: _~.'f.c. PHONE: toI (. 't.. I S 2. , WORK: FAX: 1..,..t-'2,3",\' JOB: # 09 2..~ ~..,(. l.. ~ :s'~¢ a_____ HEIGHT CI", . FOOTAGE FOOTAGE " " 80' GAUGE UNE POST TERMINAL POST TOPIBRACE/BOTTOM MIL TENSION WIRE BARBED WIRE WALK GATE _ SllE WALK GATE _ SIZE WAlJ( GATE POST ORIVE GATE__ SIZI: _ FRAME lm>JCREreJ DRIVE GATE POST ~ L 01 DRIVE GATE _ SIZE_ FRAME [W.JCRETÉI DRIVE GATE POST [ &J CORE DRILUASPHAl T _ PRIVACY SLATS cROP. LINES CLE . 0.0. FRAME FRAME ~.,çRE~ VES ARED NO YES SIBLE NO :>ROP. MARKS VI ¡PECIAL INSTRUCTlmJS í;/JARANTEE, TfRMS & CONDITIONS ON REVfRSE PERMIT #: ¡.. T- ';'A¡ä-í;(-¡¿~\I,;¿" k~ ß~~~i*';¡~~-to ;~-TTT-ì .. :'..... _·~_··¡-··i..--·T..,-~ ."¡---'--'--j~~ . 'i~"'!-,- "-I .._-;.~<.._.. J".::..--;-." ..-.,----,.. .+-¡.. -:~-_. 'r;"¡-'- 1 . ......---- . .-¡.......,.-....... ---, ...-+......L.....- --t-....,..-.., ....~-'-...J_.....__ ' I,. . ~ ¡I: ; ,! . / ~'ì-.". ....- . . . ; I ,I i - ...-..- .00.......- ....-- L._ -. '-l.....-.'-... _...;. .-Ì___. '. . .. ., I, , I I !. '. ,I .... ......- .;....-!"...,-...._,-.~.....+_. ¡- -+-....._L_ . -+- .___/_ ..- ...--'..-..:--; ..-. ..._--:. -.-:.... ....1--;-.. -'--- _-L-[! --1--.. .1; I ., 1.1 I I I .. ..- ..__:.... -~---...:._.. ....L_..!__.j. ·-·1-_·,_L..- ....:-~_I_ -_J . I I I; I r " ' i . r .' i I I i I I ¡ , j I t......:. ..;- -;..-:--+--.,.- [""....i- ·-;-:·-1--¡--¡--:·--;-· '-1--:-11 ,'." ...'.......~. ~,.,...._þ. -,.-.. "';'--""'1' ....-__....(""_. ._~~:~,.,~. _.¡-- __~.---¡ . i ' ; , .. '~I ~; "I() 'e , : : I ' : I ! ' .' ¡ I, I ,'" ~.; .1' "._'-.:_,.__~...~__"._~ ..__..í..-:··-I·';--,..··T-..:.._·:--;--·T~;·, . ; : , I : !JLrL..!. -....ð. .~.¿,._t.¡. .~±CI~.~. - ~..~_._,--)-_J...~-.~-.i-J.-:_._;_j , . , I 1'1 I' ì'.... I' L' rli,.. '.d,-t.'.c.i.f__!_"'··,__i· ..+- ·;_.l·,-,···-;--·.LI·r·~·I--i-·: ¡ . ~ ,. J '. ~'I' : ."-,_.. ·t-- ¡--T·"¡--··! --; ·l·~"¡-··ì-·Ï'T-I'---i-·--:· I ..¡----;-., :::~:jj:!}jf~;êrili~i~Q!l~;i.ll1. i-I C"Lt ~> \a.,--\~ 11"-1 ~-< kç¥ 8A~ANCE CUSTOMER APPROVAL: COST .(2 /(,2. .f DEPOSIT TERMS it) JI /f)",.. 1 ð -.:IM:t J rHIS PRICE EFFECTIVE UNTIL PERSONNEL oeNNIS L. DONNE: '( ----...------- ~-- o"e~ ~HONE lEFTI.IESSA.C! INSTALLER DATE -~---.........--_-- FRtx1 : '" FAX NO. :5618732821 Dec. 18 2r-. 07:47AM Pl'l ....,¡ Andy Edwards 2525 Jernigan Road Fort Pierce, FL 34945 (561) 819-4582 (561) 460-5995 To: M+ ~i:ë:)RCOO~~Š . Sí L.ÙCIe.. C.o(tl ts ff)R.K "Dz.\A......,Aí~ ... ~5~ j-( F-+ PIQ.$¢' t='lq PROPOSAL ",,,., I;¡') \I I 0 I ~h Ji- '1tod. \519 .fA,^ Lf ft, ~ - I q ~ 0 We hereby submir specifications and fist/mares for: . Q) ""'Tú T<Z-p. ~ of ( 0. 't (~1 ~ Þo,J" +-0 (' ~ d Ok),.J R.DcÆ '5 ON CötoJÔ2..?~ I ðN C;~t.J () ..... fV') ~H '-J t-~ "-I ArJ( f,. b \ dq . "RQ.ç> I ~ ~<l AN\..\ fø~o wool> WI~ CJ)X be (QDC<.Q. N~~l of(' ~(I 5YVl.~\\J'1 111'.\0 :tNS+I\\( 30Lß A 6TYV) Ñ$() 6A~she.~J ® + N ~+A II N ~I.A..\ Üa..~ 9 fol dot ~ .ç IA~~~Ní t P ì pc:( -rIA ~~\<vq AN D vQ.t'\J4 '\ ® TNc;..\--~ \ , I ~ \ '1 ~ ~..\: fL. '1 r.~~~ ù( ~r t-o í~ dew/\,) S I.f shl ~ (i) p Q. (A^\\ -l ~ d Uf'h P -+ ""'(z.. ~ I\)cL.Jd ~o fWD ~lc.k vp All dáa-J ® 5'-{\ \ ø,boQ W~r(AN~ I õ1.'-V' MF)Nv.çAcJvrQ~ 1A..)~(2.Ql\l\J~ We hereby propose to furnish labor and materials - cømplete in acrordance with the above specifications. for the sum øf: L19D Où $ c.o N)P} ~-\Q. with payments 10 be made as follows: All matÐrial is guaranteed ta be as specified. All work to be completed in a workmanlike mannsr according to standard practices. Any alteration or deviation from above specifications involving extra costs, wj/{ be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon delays beyond our control. This proposal 6ubject to acceptance within (60) days. Liability and Compensation Insurance to be carriBd byContractor and to be submitted to owner before any work commences upon reqU881. :g;:1 AUTHQRIZEDSIGNATU : ~ ,/Lt~ DATE: ~ Acceptance of Proposal The above prices, specifications, and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. SIGNATURE: DATE: ,. ~ ........- - ... ~ '-" AGENDA REQUEST "willi ITEM NO. C- Q¡:::: DATE: 1-8-02 REGULAR [] PUBLIC HEARING [ CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh, Director SUBMITTED BY (DEPT) : Parks and Recreation SUBJECT: Resolution No. 02-0'/Marine Center fees BACKGROUND: The attached resolution makes changes to the fees and charges established in August 2001 for the St. Lucie County Marine Center. The Smithsonian Institution personnel associated with the Marine Center had requested that we change the fees to allow all Florida public schools to come to the Center free of charge. Their reasoning is that state grant funds had been used to build the building and this may further efforts to receive additional state funds. The joint ticket for county residents has been deleted because the Florida Recreation Development Assistance Program (FRDAP) prohibits charging different fees for residents and non-residents. \ Finally, several building rental rates have been reduced in order to conform with rate reductions made to other Parks and Recreation facilities, approved on December 11, 2001. FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommends approval of the Resolution No. 02-03, amending certain admission and building rental rates at the St. Lucie County Marine Center. County Attorney: ýy ~- Review and Approvals COMMISSION ACTION: [ X ] [ ] APPROVED OTHER: DENIED Management & Budget Purchasing: originating Dept. Other, Other: ~ ...., RESOLUTION NO. 02-03 A RESOLUTION AMENDING RESOLUTION NO. 01-183 (WHICH ESTABLISHED A FEE SCHEDULE FOR THE ST. LUCIE COUNTY MARINE CENTER IN ST. LUCIE COUNTY, FLORIDA) BY REVISING CERTAIN ADMISSION FEES AND REDUCING THE BUILDING RENTAL RATES TO CONFORM TO OTHERDEP ARTMENT F ACILITY RATES IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: 1. On June 25, 2001, the Board of County Commissioners adopted Resolution No. 01-151 which named the building located at South Causeway Island Park and adjacent to the St. Lucie County Historical Museum in Fort Pierce, Florida as the St. Lucie County Marine Center in St. Lucie County Florida. 2. On August 14,2001, the Board of County Commissioners adopted Resolution No. 01-183 which established a fee schedule for the St. Lucie County Marine Center in St. Lucie County, Florida. 3. In order to reVise certain admission fees, and reduce the building rental rates to conform to other Department facility rates in St. Lucie County, it is necessary to amend Resolution No. 01-l83 accordingly. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby amend Resolution No. 01-183 by revising certain admission fees, and reducing the building rental rates to conform to other Department facility rates in St. Lucie '" '-' County for the St. Lucie County Marine Center as set forth in the "St. Lucie County Marine Center Proposed Fee Schedule" attached hereto and made a part hereof as Exhibit "A". 2. This Resolution shall take effect on January I, 2002, and shall remain in effect until changed by further resolution of the Board. After motion and second the vote on this resolution was as follows: Chairman Doug Coward XX Vice Chairman Cliff Barnes XX Commissioner Paula A. Lewis XX Commissioner Frannie Hutchinson XX Commissioner John D. Bruhn XX PASSED AND DULY ADOPTED this 8th day of January, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ~ ....,¡ Exhibit "Art St. Lucie Co. Marine Center Fee Schedule 1. Admission Fees General Admission: Adults Child (6-17 yrs.) Senior Citizens (65+) $2.00 $1.00 $1.50 Joint Tickets (Marine Center and Historical Museum) Adult -'Non COtlnt) Resident Adult/Cðufit) Resitknt Child $5.00 $4.00 $2.00 Group Rates (must be arranged in advanced): St. Ltldc: Côtlnt) Publie Sehððh All Florida Public Schools and Indian River Community College N/C Non Cetlfity & Private Schools Student Chaperone/T eacher $ .75 $1.75 Other Youth Groups (min. 10 children) Children Chaperone $ .75 $1.75 Adult Tours (min. 10 adults) $1.75 Smithsonian Members Free Admission Day N/C Tuesdays **Other discounts may be offered, subject to the approval of the County Administrator II. Building Rental (sales tax applies) Entire Facility Non-profit groups $+5e $70/first 2 hours $5B $25/each additional hr. StrHek Ihree¡;h passages are deleted Underlined passages are added '--' Grounds Equipment Staff Support Tent Rental Clean up deposit Stmal, thre~gh passages are deleted Underlined passages are added ""'" Profit groups $300 $ 140/first 2 hours $-tOO $40/each additional hr. Classroom $lOO/day Non-profit groups- Minimum charge for the first 10,000 sq. feet of area is $100. After the first 10,000 sq. feet, a charge of $.005 per additional sq. foot. Profit groups- Minimum charge for the first 10,000 sq. feet of area is $200. After the first 10,000 sq. feet, a charge of$.OI per additional sq. foot. Tables Chairs Other $2/day /per table+ tax $.50/day per chair +tax (no charge if tables also rented) Per Civic Center rate sheet Per the Civic Center rate sheet 10xl0 $145+tax 20x20 $185+tax 20x40 $335+tax (Other sizes available upon request. Lighting and side walls additional) $1 00 (refundable) '-" AGENDA REQUEST ITE"-JO. C-2f DATE: January 8, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Director, Parks & Recreation SUBMITTED BY(DEPT): Parks & Recreation SUBJECT: Amendment to Resolution No. 00-83/Lending of County Equipment (Resolution No. 02-04) BACKGROUND: On April 11, 2000 the BOCC approved Resolution No. 00-83 which established policy for lending of County equipment. Due to the high volume of requests anticipated and taking into consideration the amount of money invested by the County to purchase the mobile stage, staff would like to amend the resolution to stipulate that no one is exempt, including other governmental entities, from paying a rental fee as per the fee schedule for use of the MSM3600 Showmaster Mobile Sound Shell Stage. FUNDS AVAILABLE IN: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners approve the amendment to Resolution No. 00-83 as drafted by the County Attorney's office and authorize the chairman to sign. (Approval of Resolution No. 02-04 amending Resolution No. 00-83). COMMISSION ACTION: E: [X] APPROVED [] DENIED [ ] OTHER: County Attorney: Originating Dept: ~ Finance: (Check for Copy only, if Applicable) {lJ Coordination/Siqnatures Mgt. & Budget: Purchasing Mgr.: Other: Other: Eft. 1/97 H;\WP\agenda amendment to resolution # 00-83 equip.wpd , '-' '-' RESOLUTION NO. 02-04 A RESOLUTION AMENDING RESOLUTION NO. 00-83 (WHICH PROHIBITED THE LENDING OF ANY COUNTY EQUIPMENT AND/OR SUPPLIES ETC. TO ANY INDIVIDUAL, GROUP, PRIVATE BUSINESS, CLUB, ORGANIZATION, OR ANYONE ELSE OTHER THAN TO COUNTY APPOINTED COMMITTEES AND OTHER GOVERNMENTAL ENTITIES AND THEIR AGENCIES; EXCEPT IN TIMES OF EMERGENCIES AT WHICH TIME WRITTEN AUTHORIZATION MUST BE OBTAINED BY THE ST. LUCIE COUNTY ADMINISTRATOR OR HIS DESIGNEE); BY ADDING THE STIPULATION THAT NO ONE IS EXEMPT, INCLUDING OTHER GOVERNMENTAL ENTITIES, FROM PAYING THE RENTAL FEE AS PER THE FEE SCHEDULE FOR USE OF THE MSM3600 SHOWMASTER MOBILE SOUND SHELL STAGE WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: 1. On April II, 2000, this Board adopted Resolution No. 00-83 (which prohibited the lending of any County equipment and/or supplies etc., to any individual, group, private business, club, organization, or anyone else other than to County appointed Committees and other governmental entities and their agencies; except in times of emergencies at which time wTitten authorization must be obtained by the St. Lucie County Administrator or his designee). 2. Due to the amount of money invested by the County for the purchase of the mobile stage, and the high volume of requests anticipated to use the stage, it is necessary to amend Resolution No. 00-83 by adding the stipulation that no one is exempt, including other governmental entities, from paying the rental fee as per the fee schedule for use of the MSM3600 Showmaster Mobile Sound Shell Stage. .,.. .' '-' ...,¡ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: I. This Board does hereby amend Resolution No. 00-83 by adding the stipulation that no one is exempt, including other governmental entities, from paying the rental fee as per the fee schedule for use of the MSM3600 Showmaster Mobile Sound Shell Stage. 2. Except as amended herein, the remaining portions of Resolution No. 00·83 shall remain in full force and effect. After motion and second the vote on this resolution was as follows: Chairman Doug Coward XX Vice Chairman CliffBames XX Commissioner Paula A. Lewis XX Commissioner Frannie Hutchinson XX Commissioner Jo1m D. Bruhn XX PASSED AND DULY ADOPTED this 8th day of January, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '- '-' AGENDA REQUEST """'" ITEM NO. C-).. g) DATE: 1-8-02 REGULAR [] PUBLIC HEARING CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh, Director SUBMITTED BY (DEPT) : Parks and Recreation SUBJECT: Equipment Request No. 02-182 /Starting platform/Aquatics program BACKGROUND: Approval to purchase a starting platform for the Port St. Lucie pool is requested. This is one of six starting platforms at the pool and is used by the swim team for competitive swimming. It replaces one that has been missing for a while and is interfering with swim team activities and new programs the Aquatics program would like to start. The swim team contributes to the pool's revenue stream. The starting platform chosen must match the others at the pool and be able to withstand pool chemicals, moisture and the weather. The cost including shipping is $1300.00. FUNDS AVAILABLE: Funds are available in the Recreation Equipment and Machinery account (001-7215-564000-700) . Funds are left over from another piece of equipment that came in under budget. RECOMMENDATION: Staff recommends approval of the Equipment Request No. 02-182 for a starting platform for the Port St. Lucie pool in the amount of $1300.00. [x ] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: County Attorney: tìr ~ ~ Review and Approvals Management & Budget~ I1}fYlI¡l Other: Other: Purchasing; Originating Dept. -- ". t , rn D:: WN ZO o~ rn';' ~o :E~N :ED::e O«CIO owe ~~~ z<tw ::>01- orn« oLi:C LLD::I- oorn CLLW D::I-::> «rnO owW m::>D:: >0« -wc zD::Z ::>I-W ozC) ow« w:E _0- 0::> ::>0 -Iw ...: rn ........ CI) ~ ë w c z w :E :E o (J w a:: < o ¡::: US a::: ~ a::: ~ '« CI) ~ a::: if ¡:.: z w :E I- a:: « Q. w C ß CI) s: ~ o < CI) ~ ë w > o a:: Q. Q. « < o ¡::: US a::: (.) l.U a::: ¡:.: .. < Z Z W o :E Cñ ~ :> ë ß . . ~. l.U <. .. I- ffi :E. w (J « ..J Q. W a:: ~ w z Z ~ w a:: - ::::r o o Cl l.U Ü ::) ....J t-: CI) I- 0:: o ~ CI) ¿ 0:: o ~ '« è[ ø < ¡::: 0:: ~ CI) .. I- Z 5' ~I I- 81· ::I III . . , ~- '" .0 È Q) E'§ "'- <::~o Q) 0 Q).§ ~ .Q ~ <:: CI) CI) '" C\ Q) - .r:.r:CI) ...... l - ::5 cc r- '_ .r: . ~ ::t::o ",C\- §t5~ Cl)0.Q - C\ o Q) Q) ",:'C.Q g.~'O '" ~ c:: _ 0 C\ -;:0 ~<::o .0: .Q ~ E .~ .r: E .~ ::: '§: Q C\ CI) CI) ~ Q) .~ .~ êñ :5 ~ ::s Q Q) C)- Q) 0.. '« .r: E- 0:5.r: uCI)B .... ~ C\ .E '" E E ~ - C\ b> ~ ~ ~ E .§ '= <:: ~35c:; CI)<::oo Q)'O.r:o .r:<::oo -C\EC") ::"'CI)",...: .Q.!!1 g ~ "'0:0::: Q) .~ .!);! .~ Cl)13 0.."" ~C\b>c:' .~ E .0: ·ii -g C\ ~.~ C\~êi5~ 'õ .E b> o §: ¡:: .0: 0.. CI) '0 .r:'~ £::::E"õ _ '= C\ .S cc 0> ~ ,,-' CI) - CI) E .§ CI) 0 '" Q) 0 g'E 2 ",~Q)¡:: 0..0: it . O>.~ '" :¡¡ .<:: _ _CI) .r: 'Ec:'õë¡¡ l2C\0Q) CI)o..~ ~ ~ CJ.> Cl) ë;¡~:5:5 'C3C\.8'O Q) .... CI) <:: C::~Jg<tJ 0b>~~ .~ .s.; :g .2 .~ ~ 't= '5 ¡:: 'ê 8 E: .."." o ~ c g ~ 10 .0 ..... ~ , ..... g r¿ w III :E ::I Z I- Z ::I o (J () ~ C\J (I) ..... ~ ß :it a w a:: I- z w :E Q. 5 a w z o ¡::: « (J ¡¡: ¡::: r.n ::I ""') AGENDA REQUEST ITEJ.JfIO. C-2h DATE: January 8,2002 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 an amendment to the Facilities Use Agreement allowing the New York Mets to assume responsibility of the souvenir/retail operations for the 2002 season at Thomas J. White Stadium. BACKGROUND: The New York Mets have expressed an interest in assuming the responsibility ofthe Thomas J. White Stadium souvenir operations for the 2002 season. (Proposal Attached) Under the "Mets" proposal, the County would receive 14% of all souvenir sales made under both the regular merchandise and specialty merchandise categories. The "Mets" also have plans to set up satellite locations for the sale of their merchandise, provide a larger inventory, bulk order for inventory sales, and provide extended hours and increased staffing at on-site "Fan Shops". This proposal has been discussed and agreed upon by Service America Corporation "Volume Services" who previously handled all concession sales. (Attached is a copy of the old percentages received by the County which were split SO/50 with the Mets). FUNDS AVAILABLE IN: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners approve the amendment to the Facilities Use Agreement as drafted by the County Attorney which allows the New York Mets to assume responsibility of the souvenir/retail operations for the 2002 season at Thomas J White Stadium and authorize the Chairman to sign. COMMISSION ACTION: CONCURRENCE: .- Ix] APPROVED [] DENIED [ ] OTHER: Coordination/Siqnatures County Attorney:O ) \ '(( Originating DePt:~(· \.... Finance: (Check for Copy only, If Applicable) Mgt. & Budget: Purchasing Mgr.: Other: Other: Eft. 1197 H:\WP\agenda Mets assuming souvenir operations.wpd NOV-ZI-DI IZ:D4PM "" F~OM-NY/STLUCJE METS Oti Ulnaoz T-ti33 f OZ/OZ F-aW4 '"' ,..,...,.,.~ . . . To: P(I.~ Keogh 'From: Pal, I í aghcri Re: So,lvenir operations Date: 11 21101 ......................................................................... Wilh the N. w Vorl; Mets assllming Ihe responsibility of the souvenir operations for Ihe 2002 scason. 8 few items will r.eed to ~e addressed. . The N. w V ork Meß would like to propo~ Ihe following percentage split on souvenir sales for tht: new agreo=n,enl with St. Lucie County. The County would receive 14% olall souvenir sales made under both ù.e regular merchandise and specialty mercbandise categories, clearance items will remain at 0%. Preser,dy the r.ercemage breakdown for sales is set ar ditTerent percentages. The percentage 8t one ]evel .Ir all transactions will create an easier mode of book keeping and invenlory accountability. as well a the net revenueS for both parties wi II remain approximately the same. . The kcks on the merchandise warehouse as well as the souvenir store will need to be changed. . The pllone liMS in botb the warehonse and souvenir store will need to be switched from Service AIrIer,ca to th~ New York Met!. Thank yO" for your cooperation. Please can me ¡fyou havo any questions. 525 NW. Peacocl\ Boul9Jard. Port St. Lucie. FL 34986 - (561) 871-2100 . Ticket Office (561) 871-2115 . Fax (561) 87&09802 www.stluciemets.com . '-' AGENDA REQUEST -".tM NO. C-3-A .... DATE: January 8, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): PURCHASING PRESENTED BY: MICHAEL RATH SUBJECT: Award of Bid No. 02-015, Enhanced Swale Maintenance BACKGROUND: On December 12, 2001 bids were opened for Enhanced Swale Maintenance for the Road and Bridge Division. One thousand fifty-one (1051) vendors were notified, nineteen (19) bid documents were distributed and two (2) bids were received (tabulation attached). The low bidder, Arbor Tree & Land, Inc., has requested that their bid be withdrawn due to an error in the submission (request attached). The Road and Bridge Division has reviewed the bid received and recommends thatthe bid be awarded to CEM Enterprises, Inc., at the unit prices submitted (see attached memorandum). FUNDS AVAILABLE: Account No.: 102001-3725-534000-300, Drainage Maintenance MSTU PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-015 for Enhanced Swale Maintenance to CEM Enterprises, Inc., at the unit prices bid, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: nderson ty Administrator [x] APPROVED [] DENIED [ ] OTHER: County Attorney: (X) "" íj7 . /x !'. ~ ,~ Coordination/Signatures Mgt. & Budget (X i4.1 'I', \.>1'\',,1, \... " I, Purchasing Mgr.:(X) ¡if<. Originating Dept: Other: Other: Finance: (Check Dr Copy only, if Applicable) Elf. 1/97 ....., .. ;2 ;2 ;2 CD c:: c:: c:: ~ s: s: s: c.. ttI ttI ttI CD m m m 3 :::c :::c :::c III 0 0 0 ;:, c.. "T1 "T1 "T1 III ttI ttI (") .... III ë ë 0 ~ s: n en c 0 :::c 0 "t1 3 :Þ m (") ~ (") c:: m s: m <: m en m ;2 z c ...¡ 0 en ...¡ c "T1 Cñ m ~ C It ttI c:: ...¡ m c " N ~ CD ~ o en .... 0 > m ::c s: tD m 0 z ::c ..... ..... m ::c < ::c m m -e m z ~ Qo C C/J · 0 m > ::c C/J z C/J - Z C 0 - - · z 0 · CJ - C ~ ..... ~ 0 en N ~ :.... N ..... N · - - , · · '"11 '"11 ::¡ m s: ... ~ c ..... ~ ~ 0 ..... .þ. ~ Co Co ..... N · - - · · . '"11 '"11 ::¡ m s: N ~ C ..... -Ett -Ett 0 N .þ. ..... b b > c c · - - · · . '"11 '"11 ::¡ m s: w - . dÞ -e m z m c C m o m s: CJ m ::c ... N - N C C ... @ N . . C c -e s: -em :EZ ,::r:: ::c> Oz >0 Om ¡oO CJC/J ~~ O. G')m ms: > Z ..... m Z > Z o m CJ ~~ tD::C cO >~C/J ~o:-l 00. zcc cnzo ::r::~ffi moO ~OO .s:c OJS:Z õëñ~ cC/J N- ,0 cz -m UI::c C/J Dee 18 01 12:~1to ~ ARBOR TREE & LAND 561 S65-P'777 -- p.2 \ ....I r~·:\ &~[]3@[;3 u[]31~[g 0~ Lb&C?:JrD)Ð OC'.¿]Gðo (561) 965-2198 P.O. BOX 1387 BOYN rON BEACH. FL 33425 F3)(: (561ì 965-9177 (800) 932-7267 VIA FACSIMILE 561-46Z-1704 December 14. 2001 St. Lucie County, Floñda Purchasing Department 2300 Virgin.la Avenue, 2nð Floor Rm. 228 Fort Pierce, Florida 34982 Dear Sirs I am wrIting to inform yOll that Arbor Tree & Land. Inc. must regretfully withdraw from Enhonc.EKI Swale Maintenance Bid # 02-015 solicitaìion. A moth error wos recorded which caused us to bid less than half of amount per square foot thai we intended. I hope his action will not odversely offed future business between ArbQr Tree & Land. Inc. and St. Lucie Counly. Should you have any questions or comments, please do not hc~itQte to contoct me ot (561\ 965-2.198 Offke & (5611722-5630 CeIL Than. k you, /) () ~J7 ~ (4fit John E. Rollins Sales Manager tNlr.\\NA!WN^l. ~'¡')(ll".r\' 'HARBOKIClILTURE étà ~..¡';i.lo:.lI'l'\ o.,¡a.Til"lNII., ARBORIS! ., :) ~ ç:.;, ;'0 I (¡ N - ~ \ PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION MEMORANDUM TO: Michael Rath, Purchasing Director Ray Murankus, Drainage Operations Superv isor,e/I'J FROM: SUBJECT: Enhanced Swale Maintenance Bid #01-015 DATE: December 14, 2001 Due to Arbor Tree and Land Incorporated inability to honor their quotes, I recommend that C.E.M. Enterprises, Inc. be awarded the bid. I recommend that the contract include the $7.97 per Lineal Foot of excavated and restored swale area and the $2.00 per Lineal Foot for culvert cleaning be accepted and placed in the sam e contract. RTM/sb cc: Scott Herring, Road & Bridge Manager Debi Spivey, Drainage Maintenance Supervisor ,,-~ 'ì , ~ AGENDA REQUEST ~M NO. C-3-B ~ DATE: January 8,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PURCHASING MICHAEL RATH SUBJECT: Bid Waiver and Piggyback Indian River County Reinforced Concrete Pipe Bid No. 4016 BACKGROUND: On November 7, 2001 the Indian River County Board of County Commissioners awarded Bid No. 4016, Annual Bid for Reinforced Concrete Pipe to Hydro Conduit Corporation. The bid documents stipulate that other govemmental agencies within the State of Florida may access the resulting award. The term ofthe contract is from October 1, 2001 through September 30,2002, with two (2) additional one (1) year renewal periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that the renewal is in the best interest of Indian River County. Various departments of St. Lucie County require the purchase of reinforced concrete pipe on an as needed basis throughout the year. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the waiver of the Bid process, and piggybacking of Indian River County Bid No. 4016;Annual Bid for Reinforced Concrete Pipe through the term of the contract. fc] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: 9t County Attomey.(X) /') Originating Dept: (X) 4, Ó Coordination/Signatures Mgt. & Budget Other: Purchasing Mgr.:(X) tl2 Other: Finance: (Check fer Copy only, if Applicable) Eft.1/9? 12/17/2001 08:26 5615697213 \.,- IRC ROAD AND BRIDGE ..~ ~ BID # 4016 C.S.R. Hydro Conduit ~ CULVERTS Concrete Pipe SIZE 12" ROUND RCP 12" MITERED END SECTION IS" ROUNP RCP I S" MITERED END SECTION IS" ROUND RCP 18" MITERED END SECTION 24" ROUND RCP 24" MITERED END SECTION 12" x 1 I" ELLIPTICAL RCP 12" X 18" MITERED END SECTION 14" x 23" ELLIPTICAL RCP .. 14" X 23" MITERED END SECTION 19" X 30" ELLIPTICAL RCP 19" X 30" MITERED END SECTION EXTRA LUBE (5 GAL PAILS) 30" ROUND RCP 30" MITERED END SECTION 36" ROUND RCP 36" MITERED END SECTION 42" ROUND RCP 42" MITERED END SECTION 48" ROUND RCP 48" MITERED END SECTION 54" ROUND RCP 54" MITERED END SECTION 60" ROUND RCP 60" MITERED END SECTION 66" ROUND RCP 66" MITERED END SECTION 72" ROUND RCP 72" MITERED END SECTION 84" ROUND RCP 84" MITERED END SECTION 96" ROUND RCP 96" MITERED END SECTION 24" X 38" ELLI'PTICAL RCP 24" X 38 " MITERED END SECTION 29" X 45" BLLIPTICAL RCP 29" x 45" MITERED END SECTION Page 1 (Jf2 'wi ~ BY LINEAR FT. , SU}.% FT $111.68 Ea. $7.S0 FT $84.00 Ea. $9.35 IT $98.80 Ea. 515.00 FT $144.00 Ea. $10.01 FT 5104.08 Ea. $13.65 FT $133.20 Ea. $20.25 FT $186.00 Ea. 530.00 S21.~0 IT 5392.00 Ea. $29.65 IT $522.40 Ea. $40.98 FT 5703.68 Ea. 550.60 Ff $857.60 Ea. 561.88 IT 51,557.11 Ea. 573.70 F1' $1,841.80 Ea. 590.85 IT $1,151.40 Ea. 5105.80 IT 51,611.20 Ea. $180.75 FT 55,230.00 Ea. 5%3%.13 IT 58,654.00 Ea. $29.03 FT S2Só.24 Ea. $40.63 IT 569S.0S Ea. PAGE 03 BY IFf PJECE f $87.68 Ea. $111.68 Ea. $60.00 Ea. $84.00 Ea. $74.80 Ea. $98.80 Ea. SI10.00 Ea. 5144.00 Ea. 580.08 Ea. 5104.08 Ea. 5109.20 Ea. $133.20 Ea. 5162.00 Ea. $186.00 Ea. $30.00 Ea. $172.00 Ea. $392.00 Ea. $237..10 Ea. 55%2.40 Ea. 5317.84 Ea. $703.68 E.... S404.80 Ea. $857.60 Ea. $495.04 Ea. 51,557.11 Ea. $589.60 Ea. 51,841.80 Ea. $726.80 Ea. $251.40 Ea. 5846.40 Ea. $2,611..20 Ea. 51,446.00 Ea. 55,230.00 Ea. $1,857.04 Ea. $8,654.00 Ea. $232.24 Ita. $156.24 Ea. $315.04 Ea. 5698.08 Ea. 12/17/2001 08:26 - '-" ~ BID # 4616 C.S.R. Hydro Conduit 5615697213 IRC ROAD AND BRIDGE ~ ~ CULVERTS Concrete Pipe SIZE 34" X 53" ELLIPTICAL RCP 34" X 53" MITERED END SECTION 38" x 60" ELLIPTICAL RCP 38" X 60" MITERED END SECTION 43" X 68" ELLIPTICAL Q,CP 43" X 68" MITERED END SECTION 48" X 76" ELLIPTICAL ReI> 48" x 76" MITERED END SECTION 53" x 83" ELLIPTICAL RCP 53" X 83" MITERED END SECTION 58" X 91" ELLIPTICAL ReP S8" X 91" MITERED END SECTION Page 2 of2 'wII ~ BY LINEAR FT. 552.98 FT 5895.68 Ea. $65.00 FT $1,088.00 Ea. 580.28 FT $1,332.48 Ea. 595.88 FT 51,582.08 Ea. No bid No bid 5142.80 Ff 55,282.00 Ea. PAGE 04 , BY 1FT PIECE ~ $423.84 Ea. $895.68 Ea. 5520.00 Ea. $1,088.00 Ea. $642.24 Ea. 51,332.48 Ea. $767.04 Ea. $1,582.08 Ea. No bid No bid 51,142.40 Ea. $5,282.00 Ea. ..~ '-" ...J INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF GENERAL SERVICES PURCHASING DIVISION DATE: November 7,2001 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator Thomas Frame, General Services Director FROM: Fran Powell, Purchasing Manager SUBJECT: Bid Award: IRC #4016 Annual Bid for Reinforced Concrete Pipe Public Works Department / Road and Bridge Division BACKGROUND INFORMATION Bid Opening Date: Advertising Dates: Broadcast on DemandStar to: Specification Requested by: Replies: September 19,2001 at 2:00 P.M. August 22 & 29, 2001 One Hundred Sixty Four (164) Vendors notified Five (5) Vendors Two (2) Vendors BID TABULATION Vendor Item Total Bid Hydro Conduit Corporation Reinforced Concrete Pipe $148,776.56 Pinellas Park, FL Hardie Pipe Reinforced Concrete Pipe $5,927.04 (only bid on 10 items) Tampa, FL RECOMMENDATION Staff recommends awarding this bid as follows: · Award to Hvdro Conduit CorTJoration as the lowest, most responsive, and responsible bidder meeting the specifications as set forth in the Invitation to Bid. · Establish an Open End Contract for the period October 1, 2001 through September 30, 2002 with recommended vendor. Last years expenditures totaled $40,000.00. The list of pipe size on the new bid fonn was expanded, thus a comparison of pipe size on both old and new bid fonns indicates a 25% saving in price. The projected expenditures for 2001 are $40,000.00. · Authorize the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory perfonnance, zero cost increase, vendor acceptance and the detennination that renewal of this annual contract is in the best interest of the County. .. '-" ,c-", .." IRC Bid # 4016 continued... Indian River Approved Date I Co Admin 1 ~:~t D t. Risk Mg!', COPY TO: Joe Baird, Assistant County Administrator Jason Brown, Budget Manager Jim Davis, Public Works Director Terry Cook, Road and Bridge Superintendent APPROVED AGENDA ITEM James E. Chandler, County Administrator FOR: \.r ~ Department of General Services INDIAN RIVER COUNTY INSTRUCTIONS TO BIDDERS Purchasing Division 2625 19th Avenue Vero Beach, Fl. 32960 (56I) 567-8000 ext. 4I6 1. Sealed Bids and Envelope Markings: All bids shall be submitted in a sealed envelope. The outside of the envelope shall be clearly marked with the Sealed Bid #, Title of Bid, Date of the Bid opening, and Time ofthe Bid Opening. 2. Opening Location: It will be the sole responsibility of the bidder to deliver personally or mail his proposal to the office ofIndian River County Purchasing Division, 2625 19th Avenue, Vero Beach, Florida 32960, on or before the closing hour and date shown for receipt of bids. Bids received in person or by mail after the stated time and date will not be considered. 3. Bid Submission: All proposals must be signed with the legal Firm name and by an Officer or employee having the authority to bind the company or firm, by his/her signature. Proposals shall be submitted on forms provided by Indian River County. Bids not submitted on the attached form shall be rejected. An original bid and one copy shall be submitted unless otherwise instructed. Should one desire to submit two separate bids, photocopy the bid form provided and submit on the reproduced form. 4. Withdrawal of Bids: Bids may be amended or withdrawn only by written notice prior to the bid opening. Amendments must be sealed. Amendments or withdrawals received after the bid opening will not be effective, and the original bid submitted will be considered. 5. Delivery Requirements: All proposals must quote prices F.O.B. Vero Beach, Florida. Bids quoting prices F.O.B. Factory, with or without freight allowed and prepaid to destination will not be considered. 6. Price and Discount Requirements: Quote net prices after deducting trade discounts. All discounts must be incorporated in the prices contained in the bid, and not shown separately. Invoices submitted must agree with the prices formally bid. 7. Taxes: Indian River County is exempt from any taxes imposed by State and or Federal Government. Exemption Certificates, if required, are to be furnished by the successful bidder and will be fùled out by the County. 8. Delivery and Completion Dates: Indicate delivery and completion dates. This may be a determining factor in the award of the bid. 2 '-" ....,¡ 9. Irrevocable Offer: Bidder warrants by virtue of bidding that the prices quoted in this bid shall remain fIrm and be considered an irrevocable offer for a period of sixty (60) days, during which time one or more of the bids received may be accepted by Indian River County. 10. Consideration of Bids: Telegraphic, telephonic, or faxed bids will not be considered. 11. Quality Guarantee: All equipment or material shall be fully guaranteed by the bidder against factory defects. Any defects which may occur as a result of either faulty material or workmanship within the period of Manufacturer standard warranty will be corrected without expense to Indian River County. Should the product not be properly correctable, the successful bidder may be required to either replace the defective unit, or to pick up the defective unit and refund any and all money which has been paid for the product. If in the County's judgment, the product reflects unsatisfactory workmanship or manufacturing, or if the product(s) is damaged in shipment, the County reserves the right to reject such items when they are presented for delivery. The supplier will be responsible for attorney fees in the event the supplier defaults and court action is required. 12. New Merchandise: All equipment and materials must be new and unused, and provided with title and warranty papers when applicable. This provision excludes surplus and used products. 13. Indemnification: The successful bidder shall agree to indemnify and save harmless Indian River County, its agents and employees, from and against all claims, suits, actions, damages, causes, or action or judgments arising out of the terms of the resulting agreement for any personal injury, loss of life, or damage to property sustained as a result of the performance or non-performance of services or delivery of goods, from and against any orders, judgments, or decrees, which may be entered against the County, its agents or employees; and from and against all costs, attorney's fees, expenses, and other liabilities incurred in the defense of any such claim, suit or action, and the investigation thereof. Nothing in the award, resulting agreement, contract or Purchase Order shall be deemed to affect the rights, privileges and immunities of the County as set forth in Florida Statute Section 768.28. 14. Royalties and Patents: The successful bidder shall pay all royalties and license fees for the equipment or processes in conjunction with the equipment he is furnishing. Further, the bidder shall defend at his expense all suits, actions, or judgments alleging infringement on any United States Patent by reason of the use or resale of any piece of material furnished user and will save the County harmless from all expense of defending said suits and from all payments which may be assessed against the purchaser on account of such infringement. 15. Acceptance: Receipt of an item shall not be an indication that the items are acceptable. Final acceptance and authorization of payment shall be given after a thorough inspection indicates that the item is delivered in accordance with the Bid SpecifIcations. Suppliers are advised that in the event the delivered item does not meet specifications, payment will be withheld until such time the supplier takes necessary corrective action. 3 \...- "'" 16. Descriptive Information: Descriptive literature including Specifications must accompany your bid. Manufacturer's names and model numbers are used herein solely for the purpose of establishing a standard of design, quality and uses of the merchandise required. Products of other manufacturers will be acceptable if they meet or exceed such established standards with the exception of those items specified "NO SUBSTITUTION". 17. Variations to Specifications: For purposes of evaluation, Bidder must indicate any variances from our specifications and/or conditions. Otherwise, it will be assumed that the product or service fully complies with our specifications. Items specifically described, as alternates shall be reviewed as alternative bids to be considered by the County, in lieu of the primarily specified item(s). However, items varying from the published specifications shall be considered substitutes, and the County reserves the right to consider or not to consider substitute bids. Substitutes shall be subject to disqualification if the County does not approve the substitution. 18. Interpretations: No oral interpretations will be made to any Bidder as to the meaning of the Specifications. Every request for such an interpretation shall be made in writing, addressed and forwarded to Indian River County, ten (10) or more days before the date fixed for opening of the bids. The County shall not be responsible for oral interpretations given by any County employee. Every interpretation made to a bidder will be in the form of an Addendum to the specifications, which if issued, will be sent promptly as is practical to all persons to whom specifications have been issued. All such Addenda shall become part of the specifications. Further, it shall be the responsibility of each bidder, prior to submitting their bid, to contact Indian River County Purchasing Division at (56 I) 567-8000 extension 416 to determine if addenda were issued and to make such addenda a part of their bid. 19. Default Provision: In case of default by the Bidder or Contractor, Indian River County may procure the articles or services from other sources and hold the Bidder or Contractor responsible for excess incurred thereby, and may take such action as it deems appropriate, including legal action for Damages or Specific Performance. 20. Manufacturer's Certification: Indian River County reserves the right to request ITom Bidders a separate manufacturer's certification of all statements made in the proposal. 21. Signed Bid Considered an Offer: This signed bid shall be considered an offer on the part of the Bidder or Contractor. Indian River County Board of County Commissioners shall deem the offer accepted upon approval. 22. Non Collusion: By signing and submitting the Bid Form, Bidder certifies that, 22.1. This bid has been arrived at by the bidder independently and has been submitted without collusion, and without any agreement, understanding, or planned common course, or action with, any vendor of materials, supplies, equipment, or services described in the invitation to bid, designed to limit independent bidding or competition, and. 4 '-" .....,; 22.2. The contents of the bid have not been communicated by the bidder or its employees or agents to any person not an employee or an agent of the bidder or its surety on any bond furnished with the bid, and will not be communicated to any such person prior to the official opening ofthe bid. 22.3. No attempt has been made or will be made by the bidder to induce any other person(s) or ftnns) to submit or not to submit a bid for the purpose of restricting competition. 23. Public Entity Crimes: Public Entity Crimes - Section 2S7.133 of the Florida State Statutes requires that a vendor/contractor submit a sworn statement concerning Public Entity crimes before a purchase of $10,000-00 or more can be made by a Governmental Entity. Bidders are required to submit the enclosed fonn with their bid, as failure to do so may be reason for rejection of bid. 24. Regulations: It shall be the responsibility of the bidder to assure compliance with any OSHA, EPA and/or other Federal or State of Florida rules, regulations or other requirements, as each may apply. 25. Conflict of Interest: Any entity submitting a bid or proposal or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a county commissioner or county employee. The relationship with county commissioner of county employee that must be disclosed is as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-Iaw-, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother. half sister, grandparent, or grandchild. The tenn "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. The disclosure of relationships shall be a sworn statement made on a county approved fonn. Failure to submit fonn may be cause for rejection of bid. 26. Cancellation: It is the intention of Indian River County to purchase material and or services from sources of supply that will provide prompt and convenient shipment and service. Any failure of the supplier to satisfY the requirements of the County shall be reason for tennination of the award. 27. Errors: When an error is made in the bid extension of generating total bid prices or in any other process of completing the bid, the original unit prices submitted will govern. Carelessness in quoting Prices, or in preparation of the bid otherwise, will not relieve the bidder. 28. Bid Rejection: Failure to comply with all the above instructions may result in bid rejection. 5 \....- ....,; 29. Bid Protest: Any actual or prospective bidder or offeror who is aggrieved in connection with the solicitation or proposed award of a contract may protest to the Purchasing Manager. The protest shall be submitted in writing within seven (7) calendar days after such aggrieved person knows or should have known the facts giving rise thereto. If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly issue a decision in writing, after consulting the Department and Office of County Attorney. 30. Co-Operative Purchasing: It is the intent of the Invitation to Bid to secure goods or services to be used by Indian River County. However, by virtue of bidding, the bidder accepts the right of other Florida governmental agencies to purchase from this bid proposal. Any such purchases shall be handled separately by the successful vendor and the requesting governmental agency, apart from Indian River County. Further, Indian River County assumes no liability for materials or services ordered by any other governmental agency by virtue of this bid. Bidders that find this condition unsatisfactory should indicate this by showing exception on the Bid Form. 31. Awards: 31.1. The County reserves the right to make award(s) by individual item, aggregate or none, or a combination thereof; with one or more suppliers; to cancel the bid, reject any and all bids or waive any minor irregularity or technicality in bids received. When it is detennined there is no competition to the lowest responsive bidder; evaluation of other bids is not required. Bidders are cautioned to make no assumptions unless his/her bid has been evaluated as being responsive. The County reserves the right to not make any award(s) under this bid. 31.2. Criteria for Award: A Compliance to the specifications B. Delivery C. Warranty & Service Location D. Cost E. Public EntityCrime Form F. Disclosure Statement 32. Termination by the County: The County reserves the right to terminate a contract by giving thirty (30) days notice, in writing, of the intention to terminate, if at any time the contractor fails to abide by or fulfill any of the terms and conditions of the contract. The County also reserves the right to terminate this contract for the convenience of the County and/or with or without cause. 33. Compliance with Laws and Regulations: 33.1. Bidder agrees that he will comply with all Federal, State, and local laws and regulations applicable to the production, sale and delivery of the goods or the furnishing of any labor or services called for by this order, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of contracts). 6 '-" ....I 33.2. Public Record Law: Correspondence, materials and documents received pursuant to this Request for Bid become public records subject to the provisions of Chapter 119, Florida Statutes. 33.3. Safety Standards: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of the Federal Occupational Safety and Hazards Act (OSHA), American National Standards Institute Safety Standards and any Florida standards thereunder. 33.4. Material Safety Data Sheets: In accordance with Chapter 442, Florida Statutes, it is the seller's duty to advise Indian River County if a product is a listed toxic substance and to provide a material safety data sheet (MSDS) at the time of delivery. 34. Insurance: 34.1 Owners and Subcontractors Insurance: The contractor shall not commence work until he has obtained all the insurance required under this section, and until such insurance has been approved by the owner, nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work is covered by the protections afforded by the contractor's insurance. 34.2 Compensation Insurance: The contractor shall procure and maintain worker's compensation insurance to the extent required by law for all his employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the contractor shall provide adequate coverage for the protection of such employees. 34.3 Public Liability Insurance: The contractor shall procure and maintain broad fonn comprehensive general liability insurance (including contractual coverage) and comprehensive automobile liability insurance in amounts not less than shown below. The owner shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be perfonned. COMPREHENSIVE GENERAL ~UBLIC)LlABILrrY,OTHER THAN AUTOMOBILE $1,000,000 COMBINED SINGLEL~FORBODILY INJURY AND PROPERTY DAMAGE Comprehensive General A. Premises/Operations B. Independent Contractors C. Products/Completed Operations D. Personal Injury E. Contractual Liability F. Explosion collapses and underground property damage 7 \....t .~ AUTOMOBILE, BODILY INJURY AND DAMAGE LIABILITY $1,000,000 COMBINED SINGLE LIMIT A Owner Leased Automobiles B. Non-Owned Automobiles C. Hired Automobiles 34.4 Proof of Carriage of Insurance: The contractor shall furnish the owner a certificate of insurance in a fonn acceptable to the owner for the insurance required. Such certificate or an endorsement provided by the contractor must state that the owner wìll be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement-naming owner as Additional Name Insured must accompany the Certificate of Insurance. 35. Indian River County reserves the right to accept or reject any part of or all bids and waive all fonnalities. Note: Any and all special conditions attached hereto, which may vary from these General Conditions, shall have precedence. 8 ~ '"-" TECHNICAL SPECIFICATIONS 1. Scope: Annual bid to established finn fixed prices for the period October 1, 200l through September 30, 2002 for the following materials and I or services on an as needed basis. Indian River County will not be bound by any exact quantities on this bid. The quantities are estimated and may increase or decrease depending on the need of the County. 2. Renewal: Annual bid may be renewed for two (2) additional one (1) year periods subject to vendor acceptance, satisfactory perfonnance and detennination that renewal will be in the best interest of the County. Notification of intent to renew will be mailed sixty (60) calendar days in advance of expiration date of this award. 3. Interpretation of the approximate quantities: The Bidder's attention is called to the fact that any estimate of quantities of materials to be furnished under the specifications as shown on the proposed form, or elsewhere, is approximate only and not guaranteed. The County does not assume any responsibility that the fmal quantities shall remain in strict accordance with the estimated quantities, nor shall the Selected Bidder plead misunderstanding or deception because of such estimated quantities or of the character, location of the work, or other conditions pertaining thereto. 4. Delivery Requirement: Delivery location is to be as directed by the Indian River County Road & Bridge Division. Deliveries will be received at the designated location between the hours of 7:30 am and 2:30 pm. Deliveries shall be made within two weeks after placement of order. Special consideration will be given pipe sizes of 60 inches or large 5. Product Specification Requirements: All items furnished are for highway use and must conform to the latest edition of the Florida Department of Transportation Standard Specification. 5.1 Sufficient lube shall be included with all pipe orders. 6. Award of Contract: Items IA through 8 will be awarded to one (I) Vendor. Items 9A through 26B will be awarded individually with possible multi awards 9 '--' ....I PURCHASING DIVISION INVITATION TO BID FORM SPECIFICATIONS FOR: Annual bid for Reinforced Concrete Pipe BID NUMBER: 4016 BID OPENING DATE: September 19, 2001 at TIME: 2:00 P.M. LOCATION: PURCHASING DIVISION 2625 19TH AVENUE VERO BEACH, FL 32960 In accordance with all terms, conditions, specifications, and requirements, the bidder offers the following: mM DESCRIPIION QUANIllY 1Nf 1NfmICE ~ 1A 12" ROUND RCP 80 Fr. 1B J2"MuNUVENDSIOC:IION 2 EA. 2A 15" ROUND RCP 80 Fr. 2B ]5" MITERED ENDSIOC:IION 2 EA. 3A 18" ROUND RCP 80 Fr. 3B 18" MITERED ENDSIOC:IION 2 EA. 4A 24" ROUNDRCP 80 Fr. 4B 24" MllNUV ENDSIOC:IION 2 EA. SA 12" X 18" ELIlPTICALRCP 80 Fr. 5B 12" XIS" MIIERED ENDSECIION 2 Fr. 6A 14" X23"ELIlPTICALRCP 80 Fr. 6B 14" X23" MIIERED ENDSECIION 2 EA. 7A 19"X3O" EILIPI1CALRCP 80 Fr. 7B 19" X3O" MlIEREDENDSECIION 2 EA. 8 EXIRAUJBE (5 GAL PAILS) 1 EA. I Total this page... 10 '-" ..J I ITEM II DESCRIPTION II QUANTITY II UNIT II UNIT PRICEI EXTENSION I 9A 30" ROUND RCP 80 FT. 9B 30" MITERED END SECTION 2 EA. lOA 36" ROUND RCP 80 FT. lOB 36" MITERED END SECTION 2 EA. 11A 42" ROUND RCP 48 FT. 11B 42" MITERED END SECTION 2 EA. 12A 48" ROUND RCP 48 FT. 12B 48" MITERED END SECTION 2 EA. 13A 54"ROUNDRCP 48 FT. 13B 54" MITERED END SECTION 2 EA. 14A 60" ROUND RCP 48 FT. 14B 60" MITERED END SECTION 2 EA. 15A 66" ROUND RCP 48 FT. 15B 66" MITERED END SECTION 2 EA. 16A 72" ROUND RCP 48 FT. 16B 72" MITERED END SECTION 2 EA. 17A 84" ROUND RCP 48 FT. 17B 84" MITERED END SECTION 2 EA. 18A 96" ROUND RCP 48 FT. 18B 96" MITERED END SECTION 2 EA. 19A 24" X 38 " ELLIPTICAL RCP 48 FT. 19B 24" X 38 " MITERED END SECTIO 2 EA. 20A 29" X 45" ELLIPTICAL RCP 48 FT. 20B 29" X 45" MITERED END SECTIO 2 EA. 21A 34" X 53" ELLIPTICAL RCP 48 FT. 21B 34" X 53" MITERED END SECTIO 2 EA. 22A 38" X 60" ELLIPTICAL RCP 48 FT. 22B 38" X 60" MITERED END SECTIO 2 EA. 23A 43" X 68" ELLIPTICAL RCP 48 FT. 23B 43" X 68" MITERED END SECTIO 2 EA. 24A 48" X 76" ELLIPTICAL RCP 48 FT. 24B 48" X 76" MITERED END SECI10' 2 EA. 25A 53" X 83" ELLIPTICAL RCP 48 Fr. 25B 53" X 83" MITERED END SECTIO' 2 EA. 26A 58" X 91" ELLIPTICAL RCP 48 Fr. 26B 58" X 91" MITERED END SECI10 2 EA. I GRAND TOTAL: I 11 '-" ....., The undersigned hereby certifies that they have read and understand the contents of tbis solicitation and agree to furnish at the prices shown any or all of the items above, subject to alI instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Occupational License Company Name: FEIN Number Authorized Signature: Date Name: Title: (TypedIPrinted) Telephone Fax E-Mail Address: !PLEASE SUBMIT AN ORIGINAL AND ONE (1) COPY OF YOUR PROPOSED BID. I2 - AGENDA REQUEST ~M NO. C-3-C DATE: January 8, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Michael Rath. PurchasinQ Director SUBJECT: Resolution No. 02-08 Amending the County's Purchasing Manual. BACKGROUND: In order to allow for a more efficient and timely method of contracting for services, it is necessary to amend the upper limit for Purchase Order Contracts to $10,000. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt Resolution No. 02-08, and authorize the Chairman to sign the Resolution. COMMISSION ACTION: CE: ~] APPROVED [] DENIED [ ] OTHER: nderson ty Administrator County Attomey:(X) ¿CJ/ Coordination/Signatures Mgt. & Budget Purchasing Mgr.:(X) Other: A£ Originating Dept: Other: Finance: (Check br Copy only, if Applicable) Eff. 1/97 '-" ....., \ RESOLUTION NO. 02-08 A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING REGULATIONS BY CHANGING THE UPPER LIMIT FOR PURCHASE ORDER CONTRACTS TO $10,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: WHEREAS, on October 7, 1985, the Board of County Commissioners for St. Lucie County (the "Board") adopted Resolution No. 85-212 which established the purchasing regulations and procedures for St. Lucie County, Florida as set forth in the St. Lucie County Manual of Purchasing Regulations Procedures (the "Purchasing Manual") and since that date, the Purchasing Manual has been amended from time to time, most recently by Resolution No. 01-300; and, WHEREAS, in order to allow for a more efficient and timely method of contracting for services less than $10,000, it is necessary to amend the procedure. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The St Lucie County Manual of Purchasing Regulations and procedures is hereby amended as shown in the attached Exhibit "AU. 2. This resolution shall be effective as of January 8, 2002. After motion and second the vote on this resolution was as follows: Chairman Doug Coward Vice Chairman Cliff Barnes Commissioner Frannie Hutchinson Commissioner Paula Lewis Commissioner John Bruhn ~ ""'" \ PASSED AND DULY ADOPTED this _ day of January 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY \...- ...., i EXHIBIT "A" SECTION 8 - CONTRACT PROCEDURE 8.1 CONTRACTS IN THE PURCHASING PROCESS Because legal protection is necessary in purchasing transactions, the County has adopted certain requirements and procedures pertaining to the preparation, execution, and monitoring of purchasing contracts and agreements. 8.2 CONTRACT REQUIREMENTS For purchasing purposes, a contract is a formal written agreement between the Board of County Commissioners (the "Board") and a selected vendor, consultant, or contractor for a particular purchase. a. A contract is required for: 1. Professional Services contracts as described in Section 10. 2. All Capital Projects as described in Section 9. 3. All services which are to be performed on property or controlled by St. Lucie County or performed on behalf of the County on property not owned by the County. b. A contract may be required for any other particular purchase, if deemed necessary and requested by the Requesting Department, the Purchasing Director, the County Administrator, the County Attorney, or the Board. c. A contract may be entered into if required by the Vendor. d. Unless specifically required by the Board, the County Administrator, or the County Attorney, purchases of goods or equipment which do not include any associated services, such as installation, do not require a contract apart from the Purchase Order. 8.3 CONTRACT PREPARATION Unless prepared by the Vendor, or as provided for below, all required contracts will be prepared under the direction of the County Attorney. If a contract is prepared by the Vendor, the contract must be submitted to the County Attorney for review and approval. The County's Risk Manager should be consulted to insure that the proper insurance requirements are included in the Contract Documents. a. Service Contracts for less than $á,OOQ $10.000. A Purchase Order for services prepared by the Purchasing Director shall serve as the contract between the County and the vendor for services valued at total of less than $5,999 $10.000. For the purposes of yearly continuing contracts, the value may not exceed $5,QQO $10.000 per year per vendor. At a minimum all Purchase Orders must contain the following terms and conditions. 1. A statement in conspicuous print which provided that the Purchase Order is subject to all of the terms and conditions on the reverse side and that the vendor by acceptance of the Purchase Order agrees to be bound by and abide by all of the terms and conditions of the Purchase Order. '-' ....,¡ 2. A condition that the vendor agrees to indemnify the County for any liability arising out of the service provided under the Purchase Order and a condition that the vendor will maintain insurance sufficient to protect the interests of the County. The amounts and types of insurance shall be provided by the County Risk Manager. No work shall be performed under the Purchase Order until the vendor has provided proof of insurance to the County. 3. The Purchase Order should also contain such other terms and conditions as required by the County Attorney and approved by the Board. b. Contracts for $5,OOQ $10,000 or more. Unless the contract is prepared by the vendor or the purchase is pursuant to a government contract as described above, all contracts for services for an amount of $á;QOO $10,000 or more shall be prepared under the direction of the County Attorney. 8.4 CONTRACT EXECUTION a. Contracts for more than $$5,000 $10.000 but less than $20,000. Except for Professional Services Contracts as described in Section 10, all contracts for an amount of more than $5,000 $10.000 but less than $20,000.00 will be prepared or approved by the County Attorney and executed as follows: 1. All contracts for an amount sf $á,OOQ.OO a¡,jt less than $10,000.00 (when reouired) shall be returned to the Requesting Department for signature by the vendor and then to the Department Director, or his designee, for signature and then returned to the County Attorney for approval as to legal form and correctness and distribution as described below. The Division Director shall not sign any contract which has been modified by the vendor unless written approval of the modification has been obtained from the County Attorney. 2. All contracts for an amount of $10,000.00 but less than $20,000.00 shall be returned to the Requesting Department for signature by the vendor and then to the County Administrator, or his designee. for signature and then returned to the County Attorney for approval as to legal form and correctness and distribution as described below. The County Administrator shall not sign any contract which has been modified by the vendor unless written approval of the modification has been obtained from the County Attorney. 3. The County Attorney will keep one original of the fully executed contract for the County Attorney files, and will provide an original to the Finance Director, a copy to the Purchasing Director and two originals to the Requesting Department who will provide an original to the vendor. b. Contract Execution for More than $20,000.00 Contracts for an amount of more than $20.000.00 will be executed as follows: 1. Following preparation or approval by the County Attorney, all contracts and contract documents shall be returned to the Requesting Department. 2. The Requesting Department will have the selected vendor execute the contract prior to signature on behalf of the County. ~ ...." \ a. Originals of the contract shall be forwarded to the vendor with instructions as to how the contract shall be executed. b. The vendor must return all copies of the contracts to the Requesting Department. 3. After receipt of the signed originals from the vendor, the Requesting Department must agenda it for presentation to the Board for their consideration. However, if the Board has already approved the contract or has approved obtaining the services from the vendor subject to the preparation of the standard County contract approved by the County Attorney, the signed originals from the vendor will be returned to the County Attorney to obtain the signature of the Chairman of the Board, or the Vice-Chairman in his absence. All contracts executed by the Board must be attested to by the Clerk of the Board or a Deputy Clerk as determined by the Clerk. 4. After Board approval, the County Attorney will obtain the signature of the Chairman of the Board, or the Vice-Chairman in his absence. 5. The County Attorney will keep one original of the fully executed contract for the County Attorney file, and will provide an original to the Finance Director, a copy to the Purchasing Director and two originals to the Requesting Department who will provide an original the vendor. 8.5 CONTRACT RECORDING PROCEDURE For monitoring and control purposes, all County Contracts will be logged and recorded with the Finance Department. a. After the contract has been executed by the appropriate County official, the County Attorney's office will contact the Finance Department for recording and contract number assignment. The County Attorney's office will record the contract number of the contract prior to distribution of the contract as described above. The Finance Department will establish a primary individual, and alternatives, responsible for timely processing of contract. Contract Number: The contract number shall be assigned in the following format: b. After the Finance Department shall record the contract in a Master Control Log including, but not limited to, the Execution Date, Contract Party, Project Number (if any) and assigned CVY-MM-SS, where: CVY = C followed by the calendar year of logging MM = The month of the calendar year SS = A number sequentially assigned in the month c. From its copy, the Finance Department shall establish a Master File Folder for the contract in its central files. 8.6 ISSUANCE OF CONTRACT PURCHASE ORDER a. Upon receipt of the signed and attested contract Document, the Requesting Department will prepare the Requisition Form for the contract. The Contract Number assigned by the Finance Department will be entered on the Required Form in the format: "CVY-MM-SS," as per Section 8.6(b)(1) as well as the date of the Board of County Commissioner approval if greater than $20,000. b. After receipt of the updated Requisition Form, the Purchasing Department will prepare a Purchase Order for the contract in accordance with Section 12 of this manual. '-" -...I 8.7 CONTRACT AMENDMENTS If it becomes necessary to amend the terms of the contract, a formal, written contract amendment must be prepared. The amendment must be approved by the official or Board which approved the original contract and should be processed following the same procedure used for the original contract. However, if the amendment of the contract increases the total dollar value of the contract above the original threshold value for execution as described above, the procedure for the higher threshold value should be used. ..... AGENDA REQUEST I~ NO. C-3-D DATE: January 8, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): PURCHASING PRESENTED BY: MICHAEL RATH SUBJECT: Rental of a Color Copier for the Materials Center BACKGROUND: See attached memorandum. FUNDS AVAilABLE: Funds will be made available in Account No. 001-1320-544100-100, Equipment Rental. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the request and authorize the Chairman to execute the attached rental agreement. [x] APPROVED [] DENIED [ ] OTHER: Anderson nty Administrator COMMISSION ACTION: County Attomey:(X) Cl- l/å' ;U Coordination/Signatures Mgt. & Budget (X) ¥ -14 fI1~ Other: Purchasing Mgr.:(X) Aß--- Originating Dept: Other. Finance: (Check ror Copy only. if Applicable) Eft. 1/97 '-' "-II PURCHASING DEPARTMENT BOARD OF COUNTY COMMISSIONERS Michael A. Rath Purchasing Director MEMORANDUM To: Board of County Commissioners ~~ From: Michael Rath, Purchasing Director Date: January 3,2002 Re: Rental of Color Copier for the Materials Center With the increased production of the Materials Center, and the age, capacity and deteriorating quality of the current color copier, which was purchased in 1996, the Purchasing Department began looking at cost effective solutions to improve the turn-around time and quality of color printed materials. Demonstrations of various manufacturers equipment were performed on-site to determine the best equipment to meet the Materials Center's needs. It was determined that a Canon IR2050 was best suited, providing the best overall quality, speed, features and pricing. The Materials Center currently produces approximately 73,000 color copies annually, increasing in volume from 54,000 in the prior year. It is anticipated that this volume will continue to increase. Therefore, it is staff's recommendation to upgrade the color copier to a Canon IR2050 through a rental agreement with IKON Office Solutions, Inc. The term of the agreement shall be for a period of forty- eight (48) months. Funds for this rental are available in the Materials Center Revolving Operating Supplies Account. Below is a comparison of our current copier, a Xerox 5790 with that of the Canon IR2050. Model Xerox 5790 Canon IR2050 Copies Per Minute 7 23 Collating No Yes Sorting No Yes Stapling No Yes Duplex Printing No Yes Cost Per Copy (average), .23111 .23192 including maintenance and supplies JOHN D. BRUHN, District No. 1 . DOUG COWARD. District No. 2 . PAULAk LEWIS. District No.3. FRANNIE HUTCHINSON. District No. 4 . CLIFF BARNES. District~o. 5 County Administrat<r - Douglas M. Anderson 2300VirginíaAvenue. FortPierce,FL34982-5652 . (561)-462-1700 . FAX(561)462-1294 '-' ] Os.Japitar Image Management The below performance commitments (collectively, the "Guarantees") are brought to you by IKON. When the word "IKON" is used, it is a reference to IKON Office Solutions, Inc., one of the largest distributors of office solutions in the world. When the word "IOS" is used, it is a reference to IOS Capital, Inc., a subsidiary of IKON created exclusively to support IKON. The words "you" and "your" refer to you, our customer. IKON is committed to providing you quality service! You agree that IKON alone is the party to provide all the services set forth below and is fully responsible to you, the customer, for all of the perfonnance commitments and guarantees set forth below. IOS is the party responsible for financing and billing the Image Management Agreement. GUARANTEES The Guarantees are only applicable to the equipment ("Equipment") described in the Agreement to which these Guarantees are attached, excluding facsimile machines. The Guarantees are effective on the date the Equipment is accepted by you and apply during IKON's nonnal business hours, excluding weekends and IKON recognized holidays. They remain in effect for the Minimum Tenn so long as no ongoing default exists on your part. TERM PRICE PROTECTION The Image Management Cost Per Image and the Cost of Additional Images, as described on the Agreement, are guaranteed against any price increase during the first 12 months of the tenn of the Agreement. If the minimum tenn exceeds 12 months, the Image Management Cost Per Image and the Cost of Additional Images may be increased up to 5% annually for each year beyond the initial 12 month period. SERVICE AND SUPPLIES IKON provides full coverage maintenance including replace- ment parts, drwns, labor and all service calls during nonnal business hours, excluding weekends and IKON recognized holidays. (Performance issues relating to soft- ware and/or connectivity are independent of these guarantees and are covered, if applicable, as outlined in any softwarel connectivity agreement you may enter into with IKON.) IKON also provides all supplies required to produce images on the Equipment covered Wlder the Agreement, excluding staples. The supplies are provided according to manufac- turer's specifications. Optional supply items such as paper and transparencies are not included. GUARANTEED RESPONSE TIME IKON guarantees a quarterly average response time of 2 to 6 hours for all service calls located within a 30 mile radius of any IKON office, and 4 to 8 hours for service calls located within a 31-60 mile radius for the term of the Agreement. (In the case of Canon iR I 10 machines, the quarterly average response time will be 2 hours for all service calls.) Response time is measured in aggregate for all machines covered by the Agreement. If this response time guarantee is not met, a credit equal to $100 toward your next purchase !Tom IKON will be made available upon your request. Credit requests must be made in writing via registered Ietterto the address specified in the "Conespondence" section. UPTIME PERFOR\\1ANCE GUARANTEE The Equipment provided Wlder the Agreement will be operational with a quarterly uptime average of 95% (based on an 8-hour day, during nonnal business hours, excluding weekends and IKON recognized holidays), excluding preventative and interim maintenance time. Downtime wil1 begin at the time you place a service call to IKON. You agree to make the Equipment available to IKON for scheduled preventative and interim maintenance. You further agree to give IKON advance notice of any criti· cal and specific uptime needs you may have so that IKON can schedule with you interim and preventative maintenance in advance of such needs. IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS At three months !Tom Agreement inception and every three months thereafter, IKON will, upon your request, review the image volume. If the image volume has moved upward in an amoWlt sufficient for you to consider an alternative plan, IKON will present pricing options to confonn to a new image volume. If you agree that additional equipment is required to satisfY your increased image volume requirements, IKON will include the equipment in the pricing options. The addition of equipment and/or increases to the Guaranteed Monthly Minimum Images require a new Agreement that must be agreed to and signed by both parties. The new Agreement may not be less than the remaining term of the existing Agreement but may be extended for a tenn equal to that of the original Agreement. Adjustments to the Guaranteed Monthly Minimum Images commitment and/or the addition of equipment may result in a higher or lower cost per image and monthly payment. UPGRADE GUARANTEE At any time after six months from contract inception, you may reconfigure the Equipment by adding, exchanging, or upgrading to an item of Equipment with additional features or enhanced technology. A new Agreement oflike original term must be agreed to and signed by you and IOS. The Image Management Cost Per Image, the Cost of Additional Images and the Minimum Payment of the new Agreement will be based on the Equipment and new image volume commitment. PERFORMANCE COMMITMENT IKON is fully committed to perfonning the Guarantees as outlined above and guarantees the Equipment to perfonn to manufacturer's specifications. If a performance issue occurs and in the unlikely event that IKON is not able to repair the Equipment in your office, IKON, at IKON's election, will either provide a temporary loaner while the Equipment is being repaired at IKON's service center, or IKON will replace such Equipment with comparable Equipment of equal or greater capability at no additional charge. If you are dissatisfied with IKON's performance, please send a registered letter outlining your concerns to the address specified below in the "Correspon- dence" section. Please allow 30 days for resolution. CORRESPONDENCE Please send all correspondence relating to the Guarantees via registered letter to the Quality Assurance Department located at: 1738 Bass Road, Macon, GA 31210. The Quality Assurance Department will coordinate resolution of any perfonnance issues concerning the above Guarantees with your local IKON office. ,""'p"'." '-en ." .., ..... ;",'¡'''-~'!' ù,. ! ). ':hð \i _"'" h..... J "r¡oo r>'~""'i;;rì '.. $.- Y !..I~.. i'ã¡~.¡;" , " u 9:~~ © 2001 IKON Office Solutions, Inc IKON: THE WAY BUSINESS GETS COMMUNICATED and IKON OFFICE SCLUT1Cì'JS aíe Ir:;'K~8í713.r:rS=: ,(.:; i _ - '-'---.---"~-_._"--'- -,,~. . ~-- ~~~-~.~.- '-' ""'" IOS Capital, Inc. an IKON Office Solutions, Inc. company P.O. Box 91 IS, Macon, GA 31208-9115 ADDENDUM ("Addendum"), dated as of the _ day of ,20_, to that certain agreement no. [Insert customer no. first. then insert agreement/schedule no.] ("Agreement") between IOS Capital, Inc. ("we" or us") and St. Lucie County - Board of County Commissioners, as customer ("Customer" or "you"). All capitalized words used but not defined in this Amendment will have the meanings given to them in the Agreement. Except to the extent modified by this Amendment, the terms and conditions of the Agreement will remain unchanged and shall continue in full force and effect. The parties, intending to be legally bound, agree that the Agreement shall be modified as follows: 1. RENEWAL; RETURN OF EOUIPMENT. The text of Section 9 shall be amended and restated in its entirety to read as follows: We agree to provide you with new Equipment and after the minimum term of this Agreement, this Agreement will renew on a month-to-month basis, at the same rate as then in effect under this Agreement, unless you notify us in writing at least 30 days prior to the expiration of the minimum term of this Agreement and make the Equipment available to us for pick-up (at our expense) as of the expiration date. At the end of or upon tennination of this Agreement, the Equipment subject to this Agreement shall be in as good condition as when you received it, except for ordinary wear and tear. 2. INDEMNITY. LIABILITY. AND INSURANCE. The first, second and third sentences of Section 8 shall be amended and restated to read as follows: You agree to indemnify and hold harmless, us, from any damage, loss, or claims arising out of, or related to the use and operation of the equipment, up to the limits of municipal liability as provided by the laws of the State of Florida, except that you shall not be liable for cost or damages that arise as a result of the negligence of us. 3. TAXES AND FEES. The text of Section 4 shall be amended and restated in its entirety to read as follows: You, as a municipality, are exempt from state sales tax. You shall be responsible for reimbursing us for any other taxes applicable to the Equipment, or whenever you are required by Iaw to pay taxes. 4. GOVERNING LAW; JURISDICTION: WAIVER OF TRIAL BY JURY AND CERTAIN RIGHTS AND REMEDIES UNDER THE UNIFORM COMMERCIAL CODE. The first and second sentences of Section 12 shall be amended and restated to read as follows: Both parties agree that this Agreement shall be governed by Florida law '-' 'WI and agree to submit to the non-exclusive jurisdiction and venue of St. Lucie County, Florida to resolve any disputes under this Agreement. 5. IMAGE MANAGEMENT AGREEMENT. The following language shall be included after the last sentence in this Section I: You shall have five (5) business days to inspect the Equipment from the date of delivery. Unless you, within this time period, give us written notice specifying any defect or objection to the Equipment, you agree it shall be presumed, as between both parties, has fully inspected the Equipment and acknowledged that the Equipment is in good condition and repair and that you are satisfied with the condition of the Equipment. 6. DEFAULT. The third sentence of Section II shall be deleted in its entirety. 7. NON-APPROPRIATION. The following Section titled and number "16. NON- APPROPRIATION" shall be added and stated to read as follows: (a) Notwithstanding anything in the Agreement to the contrary, the parties to the Agreement agree that in the event of the occurrence of all (but not less than all) of the below: (i) you are not appropriated sufficient funds for equipment which will perform services and functions which in whole or in part are essentially the same services and functions for which the equipment covered by the Agreement ("Equipment") was rented (if such appropriation is specifically required to pay the payments ("Payments") required under the Agreement); (ii) funds are not otherwise available to you to pay such Payments to us; (iii) there is no other legal procedure by which such Payments can be made to us; and (iv) the non- appropriation of funds did not result from any act or failure to act on your part, then you shall have the right to return the Equipment to us (at your expense, to a destination we direct, in good working condition less normal wear and tear), and cancel the Agreement by a written notice to us no earlier than thirty (30) days prior to the end of your fiscal year. (b) Upon such early cancellation, you agree that you will not thereafter acquire functionally similar equipment for the full original term of the Agreement. In the event, subsequent to such early cancellation, funds are made available to you for equipment which will perform services and functions which in whole or in part are the same services and functions for which the Equipment was originally rented, you agree, at our option, to purchase, lease, rent or otherwise acquire such equipment from us. 8. PAYMENT: Payment shall be made in accordance with the Florida Prompt Payment Act, Ch.218, Part VII, Florida Statutes. 9. INTERPRETATION: VENUE: This Agreement and Addendum constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement \-; '" shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court 10. MEDIATION: Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for 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. II. ATIORNEYS'FEES AND COSTS: In the event of any dispute concerning the terms and conditions of this Agreement or in the event of any action by any party to this agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, subject to the provisions of section 768.28, Florida Statutes, and in no way altering the extent of the County's liability under section 768.28, Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 12. All capitalized words terms used but not defined in this Addendum will have the meanings given to them in the Agreement. Except to the extent modified by this Addendum, the terms and conditions of the Agreement will remain unchanged and shall continue in full force and effect. IN WI1NESS WHEREOF, each party has caused its duly authorized officer to execute this Addendum, as of the date first written above. CUSTOMER: St. Lucie County - Board of County Commissioners IOS CAPITAL, INe. Date By: Authorized Signer By: Authorized Signer Date Print Name: Print Name: J\PP~ÜVtíJ AS TO fm'ii\1 : ,AID CU2I1E&TI4fSS: i :~~1.. Ù '"'4.:-e1L _~~...~..::-O_ - .._~~."" ""',·,~-a-"'." ~+- ht$U('~ ~ f it'! ! ~.#'f~~l~t i Image ManageJtebt Agreement Number: ,-,]OB; Capital'" Thank you for choosing IKON! This agreement ("Agreement") has been written in clear, easy to understand language. Please take time to review the terms. When we use "you" or "your", we are referring to you, our Customer. When we use "IKON", we are referring to IKON Office Solutions, Inc., which is the equipment supplier and one of the largest distributors of office solutions in the world. When we use "we", "us", "our" or "IOS Capital", we are referring to IOS Capital. Inc. the wholly-owned captive finance subsidiary of IKON. Our principal corporate office is located at 1738 Bass Road, Macon, GA 31210. . / _ CUSTOMER INFORMATION Customer Billing Contact: '¡::-/N A.l!.JC£/ rtiR.Cf/.4S/A.lt5;- <51, wC/eCbt.NU7-i7PA-~o;:--~u~/U ~b}/fr~Z-/7on S-b~/'~h2-/70~ Full Legal Name CC/11/Yl/551,t? ê'R:f:; 7Phone (ext) Fax "Z-?300 V /Iê.G//U/A- .Æ£.IiE!3' .2& 1=L-.#z,.Zg Customer Location Address Customer Billing Address (if different) H-; /)EJ<Ce ,)7-;Lt.JC/€ F.L- .37"~ City County State Zip City County State Zip EQUIPMENT DESCRIPTION ("Equipment") Quantity Equipment Description: Make, Mndel, & Serial Number Quantity Equipment Description: Make. Model & Serial Number I I 1:1 Check if Additional Equipment Schedule attached PAYMENT SCHEDULE Minimum Term (mos.) Cost Cost of Additional Guaranteed Advance Payment of Meter Reacling/Billing Per Image Images . Minimwn For Additional Images /.jg $' 23~ .011'1 -~ 'v Monthly Images _Monthly $ ,/;L-{:'c wI<. $ ~uarter1y Mllrimmn Payment Payment Due: 5;WO (tax included) Without Sales, Use and _Mònthly _Apply to I" Payment - Other $ ~:l~ V Quarterly - Other ADDITIONAL PROVISIONS (list here, ifany): ·-rJ.r/5 p;eOGÆ.A/f? Þ¡')E5 /NCi-V¿)E 'TO,u~ A5 5#oCI../N /N /?Ie- Pe£R>.RA'1Æ.Æ/C£ rOMVlI rA1EA../7S Sales Tax Exempt S/Yes (Attach Exemption Certificate) Customer Billing Reference Number (p.O.#, etc.) Addendum Allacbed ri es (Check If yes and Indicate total number of pages: c7 ) FmmTERMS AND CONDITIONS . I. You agree to use the EqUIpment hsted above and pay the sums described above. THIS AGREEMENT IS UNCONDITIONAL AND NON-CANCELABLE. You agree :88: to use this Equipment for the Minimum Tenn indicated above. You agree that the Equipment will be used solely for bnsiness purposes and not for personal, family, or honsehold purposes and the "Customer Location" is a business address. IOS's acceptance of this Agreement, when given, will be indicated by its signature below. 2. Location of Equipment: You will keep the Equipment at the customer location specified above. You must obtain our written permission, which will not be unreasonably _ withheld, to move the Equipment. With reasonable notice, you will allow us or our designee to inspect the Equipment. (You further agree that the additional tenns and conditions on the reverse side of this Agreement are incorporated by reference into this Agreement.) ~r! AUTHORIZED SIGNER FOR CUSTOl\'IER THE PERSON SIGNING THIS AGREEMENT ON BEHALF OF THE CUSTOMER REPRESENTS HE/SHE HAS THE AUTHORITY TO DO SO. ~........;y;;!C;i~ (V"'-"··'<:"" >L (Authorized Signer Signature) (Authorized Signer Printed Name) (Authorized Signer Title) PERSONAL GUARANTY In consideration ofIOS Capital's entering into the above Agreement, I unconditionally guarantee that the Customer will make all payments and pay all other charges required under such Agreement when they are due, and that the Customer will perform all other obligations under the Agreement fully and promptly. I also agree that IOS Capital may modify the Agreement or make other arrangements with the Customer and I will still be responsible for those payments and other obligations under the Agreement. I agree that IOS Capital need not notify me of any default under the Agreement and may proceed directly against me without fIrst proceeding against the Customer or the Equipment, in which event, I will pay all amounts due under the tenns of the Agreement. In addition, I will reimburse IOS Capital for any costs or reasonable attorney fees incurred in enforcing its rights. This continuing guaranty is a guaranty of payment and not of collection. I CONSENT TO THE VENUE AND NON-EXCLUSIVE JURISDICTION OF ANY COURT LOCATED IN EACH OF THE STATE OF GEORGIA AND THE STATE WHERE MY PRINCIPAL PLACE OF BUSINESS OR RESIDENCE IS LOCATED TO RESOLVE ANY CONFLlCf UNDER THIS GUARANTY. Home Address: Guarantor Signature City: State: Zip: Home Phone: S.S.N.: (Printed Name of Guarantor, Do Not Include Title) [Tear on perforation] DELIVERY AND ACCEPTANCE With respect to the Image Management Agreement Number between IOS Capital. Inc. and , as customer ("you"), you hereby certify that each item of Equipment described therein has been delivered, installed and accepted and you agree that each such item of Equipment is in good condition and satisfactory for all purposes of such Agreement. x Date: Authorized Signer Printed Name _.~-~----~-"- -- ~;~;.: 3. Ownership of Equipment; AssL.....1: We are the sole owner and title holder to the Equipment. You will keep the ~pment free of all liens and encumbrances. YOU HAVE NO RIGHT TO SELL. TRAJ'oiSFER. ENCUMBER. SUBLET OR ASSIGN THE EQUIPMENT OR THJS AGREEMENT WITHOUT OUR PRIOR WRITTEN CONSENT (which consent shall not be unreasonably withheld). You agree that we may sell Of assign any of our interests without Dotîce to you. In that event, the assignee will have 511ch rights as we assign to them but none of our obligations (we will keep those obligations) and the rights of the assignee will not be subject to any claims, defenses or set-offs that you may have against us. If you have entered into a mainte- nance, service or 511pply agreement with IKON. such agreement will remain in full force and effect with IKON and will not be affected by any such assignment. 4. Taxes and Filing Costs: In addition to the payments under this Agreement. you agree to pay all taxes, fees, and filing costs related to the use of the Equipment. even ifbilled after the end of the tenn of this Agreement. If we are required to file and pay property tax, you agree to reimburse us. If you are required to file and pay the taxes directly to the tax collector. we will notify you. 5. UCC Filing: To protect our rights in the Equipment in the event this Agreement is determined to be a security agreement. you hereby grant to us a security interest in the Equipment. and all proceeds, products, rents or profits from the sale, casualty loss or other disposition thereof. You authorize us to file a copy of this Agreement as a financ- ing statement and appoint us or our designee as your anomey~in-fact to execute and file, on your behalf, financing statements covering the Equipment. At our request you will sign and deliver 511ch documeuts for filing purposes. 6. Wananties: We transfer to you, without reco"""e. for the term of this Agreement, any warranties made by the manufacturer with respect to the Equipment. Since we are a finance company and neither the manufacturer nor the distributor of the Equipment, WE MAKE NO WARRA..'ITIES. EXPRESS, OR IMPLIED, INCLUDING WAR- RANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR FOR A PAR· TICULAR PURPOSE. 7. Maintenance of Our Equipment and Agency: You agree to install (if required), use and maintain the Equipment in acconJance with manufacturers' or IKON's specifica- tions and to use only those supplies which meet such specifications. Yau will keep the Equipment in good condition, except for ordinary wear and tear. If you bave con- ttacted for maintenance and support activities from IKON, IKON alone is responsible for all of those services. IKON and !OS Capital are not agents for each other. 8. Indemnity, Liability and Insmance: (a) The parties to this Agreement will indemnify, defend and hold each other harmless ftom all losses, damages, claims, suits and actions (including court costs and reasonable attorneys' fees) (''Claims'') arising out of any breach of this Agreement except to the extent caused by the negligence or intentional acts or omissions of the other. Notwithstanding anythiug to the conttary, in no event shall we be liable to you for any indirect, special or consequential damages. (b) Because you bave possession and control of this Equipment. you are fully respon- sible for any Claim or other damage, injury or loss caused by (or to) the Equipment or other property resulting from the use, misuse or possession of the Equipment or any accident or other casualty relating to the Equipment. We are responsible for damage or injury to third persons when the damage or injury is caused exclusively by our neg- ligent acts or omissions. Yau agree to maintain insurance to cover the Equipment and will name us as an additional insured and loss payee on your insurance policy. If you fail to provide evidence of insurance reasonably satisfactory to us. you authorize us to obtain coverage. on your behalf and you agree to pay for this coverage. In the event of loss or damage to the Equipment, you agree to remain responsible for the payment obligations under this Agreement until the payment obligatiuns are fully satisfied. 9. Renewal and Return of Equipment: After the minimum t= or any extension, this Agreement will renew on a month~to-month basis unless you notify us in writing at least 30 days prior to the expiration of the minimum teon or extension.. You must pay any additional payments due until the Equipment is returned by you and is received in good condition and working order by us or our designees. IKON will bear shipping charges so long as replacement Equipment is selected from IKON. 10. Payments: Payments will begin on the delivety date. You agree to pay us each pay- ment when it is due, and if any payment is more than 10 days late, you agree to pay a late charge of5% or $5 (whichever is greater, but not to exceed the maximum amount allowed by applicable law) on the overdue amount. You also agree to pay $25 for each check returned for insufficient funds or any other reason. If the temt hereof exceeds 12 months, the Cost Per Image and the Cost of Additional Images may be increased up to 5% annually for each year beyond the initial 12 month period. II. Default: IF YOU DO NOT PAY ANY AMOUNT WHEN DUE, OR BREACH ANY OTHER TERM OF THIS AGREEMENT. YOU ARE IN DEFAULT. IF YOU DEFAULT, WE HAVE THE RImrr TO EXERCISE ANY AND ALL Accepted by 10S Capital, Inc.: LEGAL REMEDIES AVAILABLE TO, ¿ APPLICABLE LAWS, INCLUDING ARTICLE 2A OF THE UNIFORM ~RC!AL CODE. YOU WAIVE ANY AND ALL RIGHTS Ai'\lD REMEDIES AS A CUSTOMER OR LESSEE THAT YOU HAVE UNDER ARTICLE 2A AGAINST US (BUT )o/OT AGAINST THE MANU- FACTURE,R, ANY VENDOR OF THE EQUIPMENT OR IKON). Additionally. we are entltled to all past due payments and we may accelerate and require you to immediately pay us the future payments due under the Agreement present valued at the discount rate of 6% to the date of default plus the present value (at the same discount rate) of our anticipated value of the equipment at the end of the tenn of this Agreement. We may repossess the Equipment and p"""ue you for any deficieocy balance after dis- posing the Equipment, all to the extent pemùtted by law. You waive the rights you may have to notice before we seize any of the Equipment. You agree that all rights and remedies-are cumulative and not exclusive. You promise to pay reasonable attorney fees and any cost associated with any action to enforce this Agreement. This action will not void your responsibility to maintain and care for the Equipment, nor will IKON be liable for any action taken on our behalf. Default also includes your becoming insol- vent, assigning assets for the benefit of creditors, filing for bankruptcy protection or failure of the guarantor to honor its commitment. If we take possession of the Equip- ment, we agree to sell or otherv.ise dispose of it under such terms as may be accept- able to us in our discretion with or without notice, at a public or private disposition, and to apply the net proèeeds (after we bave deducted all costs, including reasonable attorneys' fees) to the amounts that you owe us. You will remain responsible for any deficiency that is due aftet we have applied any 511ch net proceeds. 12. Business Agreement and Choice of Law: YOU AGREE THAT THJS AGREEMENT WILL BE GOVERNED UNDER THE LAW FOR THE STATE IN WHICH OUR PRINCIPAL CORPORATE OFFICE IS LOCATED. YOU ALSO CONSENT TO THE VENUE AND NON-EXCLUSIVE JURISDICTION OF ANY COURT LOCATED IN EACH OF THE STATE OF GEORGIA AND THE STATE WHERE YOUR PRINCI- PAL PLACE OF BUSINESS OR RESIDENCE IS LOCATED TO RESOLVE ANY CONFLICT UNDER THJS AGREEMENT. WE BOTH WAIVE THE RIGHT TO TRIAL BY JURY IN THE EVENT OF A LAWSUIT. 13. No Waiver or Set off; Entire Agreement; Delivery & Acceptance Certificate; Vendor Contract: You agree that our delay, or failure to exercise any rights, does not prevent us from exercising them at a later time. If any part of this Agreement is found to be invalid, then it shall not invalidate any of the other parts and the Agreement shall be modified to the minimum extent as pennitted by law. ALL PAYMENTS TO US ARE "NET" AND ARE NOT SUBÆCT TO SET OFF OR REDUCTION. This Agreement represents the entire agreement (including addendums referenced on the face of this Agreemeut which are signed and attached) between us and you. Neither of us will be bound by any amendment, waiver. or other change unless agreed to in writing and signed by both. Ally purchase order, or other ordering documents will not modifY or affeèt this Agreement, nor have any other legal effect and shall serve only the purpose of identifYing the equipment ordered. You agree to sign and return to us a delivery and acceptance certificate within 3 business days after any Equipment is delivered. You agree that either (a) you bave reviewed, approved, and received, a copy of the equipment supplier coutract covering the Equipment we acquired from the equipment supplier, or (b) that we bave infomted you by this writing of the identity of the equip- ment 511pplier, that you may have tights under the equipment supplier contract, and that you may contact the equipment supplier for a description of those rights. 14. Image ChargeslMeters: In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Monthiy Images. If you use more than the Guaran- teed Minimum MonWy Images in any month. you will additionally pay a charge equal to the nwnber of additional metered images times the Cost of Additional Images. If we detennine that you bave used more than the manufacturer's recom- mended specifications for supplies, you will pay reasonable charges for those excess 511pplies. The meter reading fì'equency is the period of time (monthly, quarterly, etc.) for which the number of images used will be reconciled. The meter reading frequency and corresponding additional charges, if any, may he different than the Minimwn Payment ftequency . You will provide us or our designee with the actual meter reading upon request. If such meter reading is not received within 7 days, we may estimate the number of images used. Adjustments for estimated charges for addi- tional images will be made upon receipt of actual meter readings. Notwithstanding any adjustment, you will never pay less than the Minimwn Payment. IS.. Counterparts; Facsimiles: This Agreement may be executed in counterparts. The coun- terpart which has our original signature and/or is in our possession sball constitute chattel paper as that term is defined in the UnifOmt Commercial Code ("UCC") and shall constitute the single true original agreemeut for all purposes. If you sign and transmit this Agreement to us by facsimile, the facsimile image as received by us shall be binding against you as if it were manually signed. However, no facsimile or other version of this Agreement sball be binding against us until manually signed by us. You agree to deliver the facsimile version of any counterpart of this Agreement with your original signature upon our request. Title Image Management Agreement S.01 Name Authorized Signer Date ,.-.....,..... ^_.'--,~'~-" ',.'.._~ --. ..--.~ -..-- -.---,'---,.-.. ,.'-._~ - ---~- -'''''.~. '. ~SoPhia Holt - Ãgenda ItemC:O - ~- - - - ~..- ~: .... Þage 1 .J . From: To: Date: Subject: Sophia Holt Michael Rath 1/3/02 11:56AM Agenda Item C-3-D The account number for Materials Center Operating Supplies should be #001-1320-552055-100, however, The agenda items should be changed to state that funds will be made available in Account #001-1320-544100-100 Equipment Rental. After approval by the BOCC, a line-to-line should be submitted to OMS to transfer funds FROM: 001-1320-552055-100 Materials Ctr Oper Supplies TO: 001-1320-544100-100 Equipment Rental If there are questions, contact me at ext. 1867. - '-' AGENDA REQUEST ~M NO. C-3-E .. DATE: January 8, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PURCHASING MICHAEL RATH SUBJECT: Award of Bid No. 02-014, Trailer Mounted Sewer Cleaning Systems BACKGROUND: On December 12, 2001 bids were opened for the purchase of Trailer Mounted Sewer Cleaning Systems for the Utilities Department and the Solid Waste Division. Nine hundred forty-eight (948) vendors were notified, nineteen (19) bid documents were distributed and two (2) bids were received (tabulation attached). The Utilities Department and the Solid Waste Division have reviewed the bids received and recommend that the bid be awarded to the low bidder, Southern Sewer Equipment Sales, Inc. The Utilities Department requests the purchase of one (1) unit with Alternate NO.1 (Electric Clutch) and Alternate No.2 (300 Ft. Hose Reel), Equipment Request No. 01-192 has been rolled forward from FY 2000/2001, the Solid Waste Division requests the purchase of one (1) unit with Alternate NO.3 (Larger Blower in lieu of Water Tank) and approval of Equipment Request No. 02-161. FUNDS AVAILABLE: Utilities Department Account No. 451-3510-564000-300 Solid Waste Division Account No. 401-3410-564000-300 EQ 01-192 $30,454 EQ 02-161 $28,990 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-014,Trailer Mounted Sewer Cleaning Systems to Southern Sewer Equipment Sales, Inc., in the total amount of $59,444 and the approval of Equipment Request No. 02-161. COMMISSION ACTION: - þ{] APPROVED [] DENIED [ ] OTHER: Anderson unty Administrator County Attorney:(X) ~. Mgt & Budget (X) Other: Purchasing Mgr.:(X)-Je- Other: Originating Dept: Finance: (Check br Copy only. if Applicable) Elf. 1/97 *\.,z z z CD c: c: c: .., 3: 3: 3: c. !D !D !D CD 3 m m m m ;U ;U ;U ::I 0 0 0 C. "T1 "T1 "T1 (f !D ~ (') - m C C 0 .., n en c 3: 0 ;u 0 "'C 3 m (') » (') c: z m 3: iii <: m en m z z !=? 0004 0 en 0004 c ;; ëñ m 0004 C æ .~ !D c: 0004 m c .~ N ..... cø cø .þ. <XI »C "T'I(I)CI) -. ~»O "'CCI) :::T" -CIC D3 Co- -. m-l ., m ~(I):I: ~=1 (') m D3 _ _CD ::tJ - Z "T'I Z C)C) I CI) < »- - m m Z ~ Z ~ m e ::tJ 0 m ::tJ D CI) C - :-a ..... ..... I\) I\) m _et) ~ ~ I\) et) m ...... et) (,oJ ? §!! C C e C C ..... ..... ~ » ...... - C I\) I ? C :-t ? C C ~ C C ..... ..... ~ ~ » - Ì\) C I C Ø) :-t C ~ 0 C I\) C C ..... ~ » Z - - C I 0 C :-t ? C (,oJ C ~ -I\) I\) C C ~ @ I\) .. C C -C š: ~r~:::. o..ì C -I -C -I::tJ m -» z t:- m -II e ¡;;m tJ)::tJ š: o C Z -I m e CI) m ~ m ::tJ o I m » z - z C) CI) -< CI) -I m š: e m o m ¡g m m ::tJ OJ -10 »» m:::a CC '-0 ~'11(1) -0-1 OO~ ZC:C Cl)ZO :I::¡!ffi m(")O ~OO I¡gC m¡gZ 6Cñ~ cCI) 1\)- ,0 Cz ~m .þ.:::a CI) '-" AGENDA REQUEST ~ NO. C-3-F - DATE: January 8,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Michael Rath, Purchasinq Director SUBJECT: Award of Bid No. 02-018, Concrete, Culvert and Asphalt Installation BACKGROUND: On December 19,2001 bids were opened for Concrete, Culvert and Asphalt Installation for the Road and Bridge Division. One thousand seventeen (1017) vendors were notified, fifteen (15) bid documents were distributed and two (2) bids were received (tabulation attached). The Road and Bridge Division has reviewed the bids received and recommends that the bid be awarded the low bidder, South Florida Concrete Service, Inc., at the unit prices submitted (see attached memorandum). FUNDS AVAILABLE: Account No.: 102001-3725-534000-300, Drainage Maintenance MSTU PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-018 for Concrete, Culvert and Asphalt Installation to South Florida Concrete Service, Inc., at the unit prices bid, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: County Attorney. (X) Originating Dept Finance: (Check br Copy only, if Applicable) () ~/~ Coordination/Signatures Mgt. & Budget ()QJW rn(Ì'\,~ I Other: Purchasing Mgr.:()Q Other: µe.. Eft. 1/97 '-41' ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS .~ TABULATION SHEET - BID 02-018 - . CONCRETE, CULVERT AND ASPHALT INSTALLATION PW/ROAD & BRIDGE OPENED: DECEMBER 19, 2001 @2:00 PM BID ITEM SOUTH FLORIDA BEVILLE TRACTOR CONCRETE SERVICE, CO. INC. Ft. Pierce, FL Ft. Pierce, FL CONCRETE INSTALLATION: REMOVAL, PER SQ. FT. - 6" $ 3.00 $ 1.90 REMOVAL, PER SQ. FT. - 4" $ 2.75 $ 1.70 REPLACE, PER SQ. FT. - 6" $ 3.00 $ 3.60 REPLACE, PER SQ. FT. - 4" $ 2.75 $ 3.25 REMOVAL PER MITER END $ 50.00 $ 60.00 SECTION PLACEMENT PER MITER END $ 75.00 $ 180.00 SECTION CULVERT INSTALLATION: INSTAll PER LINEAL FT. OF $ 15.00 $ 24.00 PIPE REMOVE PER LINEAL FT. OF $ 10.00 $ 12.00 PIPE REPLACE PER LINEAL FT. OF $ 25.00 $ 36.00 PIPE ASP HAL T INSTALLATION: REMOVE PER SQ. FT. $ 2.75 $ 1.50 REPLACEMENT PER SQ. FT. $ 2.75 $ 2.50 NUMBER OF COMPANIES NOTIFIED*: 1017 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 15 NUMBER OF BIDS RECEIVED: 2 *per demandstar.com '-' AGENDA REQUEST ~ NO. C-3-6 ... DATE: January 8, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): PURCHASING PRESENTED BY: MICHAEL RA TH SUBJECT: Purchase of Pipe Handling Equipment BACKGROUND: The Road and Bridge Department has requested the purchase of pipe handling equipment to safely handle the movement of various sizes of concrete pipe (see attached memorandum). FUNDS AVAILABLE: Funds are available in Road and Bridge Account No. 316-1930-563000-7655 (Fairground Capital Improvements other than buildings), and require Budget Amendment No. BA02-117 to transfer funds to 316-1930-564000-7655 (Fairground Capital Improvements, Machinery and Equipment). Equipment Request No's. 02-178,02-179,02-180,02-181. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of Budget Amendment No. BA02-117 for the purchase of pipe handling equipment in the total amount of $15,500 and the above mentioned equip- ment requests. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: County Attomey.(X) ;r- Mgt. & Budget (X) Originating Dept: Other: Purchasing Mgr.:(X) Other: ,.,~ Finance: (Check for Copy only, if Appiicable) EIf.1/97 '-' ...",J .. To: Michael Rath, Purchasing Director From: Ray Murankus, Drainage Operations Supervisor Subject: Pipe Handling Device justification Date: December 28,2001 The need for a safe way to handle reinforced concrete pipe has come to the forefront due to the large amount of underground infrastructure designed for the new fairgrounds. Previously, the Road Department would handle up to 24 inch diameter reinforced concrete pipe during construction projects but only in small quantities. Due to the limited work with the reimorced concrete pipe, the standard method of installation was to use à chain hooked to the backhoe bucket and wrapped around the center of the pipe. The chain would be placed on the ground and the pipe rolled over it until enough of the chain was exposed to wrap around the top. The chain would be hooked to itself and then attached to the backhoe bucket. During this installation, the concrete pipe was seldom placed at an elevation greater than 30 inches below the top of the ground. The diameters of pipes which will be used at the new fairgrounds are 15", 18",24",30",36",42" and 48" round reinforced concrete pipe along with 29" x 45" elliptical reinforced concrete pipe equaling 9,048 lineal feet or 1.76 miles. Needless to say, some of these pipes will be placed at an elevation far greater than 30 inches below the top of the ground. Due to the larger sizes of reinforced concrete pipe used for the fair grounds, our standard method of handling culvert sections will not be safe or productive. The requested pipe tongs will enable us to handle the different sizes and amount of reinforced concrete pipe safely and in a way which will increase productivity. '-' .. BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: OMB FOR PUBLIC WORKS/ROAD & BRIDGE 12/28/01 01/08/02 TO: 316-1930-564000-7655 $15,500 FROM: 316-1930-563000-7655 1m rovements other than Bid 5 $15,500 REASON FOR BUDGET AMENDMENT: CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: [£ll) 02-117 G:IBUDGET\QUA TTROIGENERAL IFORMSIAMENDM02.wb3 ·~ ~ :J ..... "ù..... c: 2 ° :J ° .....'1::1 E: 0) 0 ~ .c: C1J ~Q;'1::I ~ E: æ §'E:ß e -§ .~ ~c:0) Q) .s 1: It') '1::1 0) ~ It') c: .... (C :J:J~ ..... ..... 0 ._ , o .'1::1 0 .....{¡Q) 0 0 §c::S ;1; o :J Q) It') E:e'6 I C1J tJ) c: 0 r.n C') Q) .!::; co 0') ~ C/) !:n.j!! .c: ..... 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(tJ ..!!! t:: Q, 3t3t:2.æ J!1Q)~~ (tJ t:: '" U "'Q)1::§ tIJ:SQ)U 1...1...<1:1 .E.E;:¡Q) "0"0 ~~ ~Q)I::.E ,....t::;:::c: -0)"0'- Q)'¡¡¡ I:: ~ t=:Q)(1.... r-"O..c::o l() l() (Q 1'0. , C C C ~ l() 6 (\") 0) "- <6 "- (\") ó:: w m ::s :::¡ z I- Z :::¡ o u u « "- co "- N <::) C li.J ::it o w a: I- z w ::s !!: 31 '·'1 ~~J z o ~ u ¡:¡: ¡:: rn :::¡ ., AGENDA REQUEST ~M NO...Q:.3·H .... DATE: January 8, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasina Michael Rath. Purchasina Director SUBJECT: Rejection of Bid #02-010, Research Center Road Landscaping BACKGROUND: On December 14, 2001 bids were opened for Research Center Road Landsca'ping. One thousand thirty-seven (1037) vendors were notified, eight (8) bid documents were distributed and two (2) bids were received. The Public Works Department has reviewed the bids received. As both bids exceed the proposed budget, it is staffs recommendation that all bids be rejected, the specifications be revised to reduce the cost and that the bid be re-advertised (memorandum attached). FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends rejection of Bid #02-010 for Research Center Road Landscaping, that the specifications be revised and a new bid be advertised. COMMISSION ACTION: nderson ty Administrator þc] APPROVED [] DENIED [ ] OTHER: County Attorney. (X) ~ , Coordination/Signatures Mgt. & Budget Purchasing Mgr.:(X) AI2- Originating Dept Other: Other: Finance: (Check br Copy only, if Applicable) Eff.1/97 , \..... ....I ENGINEERING DIVISION MEMORANDUM 02-01 To: Michael Rath - Purchasing Manager From: Michael Powley, P.E. - Capital Projects Engineer M'IP - Date: January 2, 2002 Subject: Reject Bids for Research Center Road - Bid No. 02-010 Bids for Bid #02-010 were opened on December 14, 2001. We have reviewed both bids. As both bid amounts exceed the proposed budget, we wish to reject them and rebid this project. After we revise the bid documents to make this project more affordable and to achieve more responses, we will contact your office to coordinate the dates. cc: Don West, P.E. - County Engineer Anta Neal - County Extension Director/Horticulture Agent '-' .. AGENDA REQUEST ~M NO. C-3-1 DATE: January 8,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Michael Rath. Purchasinq Director SUBJECT: Award of Bid No. 02-017, Purchase of One-Ton Step Van BACKGROUND: On December 5,2001 bids were opened for the Purchase of One-Ton Step Van for the Central Services Department. Seven hundred fifty-seven (757) vendors were notified, nineteen (19) bid documents were distributed and five (5) bids were received (tabulation attached). The Central Services Department has reviewed the bids received and recommends that the base bid be awarded to the low bidder, Don Reid Ford, for a total price of $29,855 (see attached memorandum). FUNDS AVAILABLE: Account No.: 001-1930-564000-100 CENl'RAL SERVICES/GEm:RAL MAINTENANCE EQ No.: 02-021 CAPITAL EQUIPMENI' PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-018 for Purchase of One-Ton Step Van to Don Reid Ford, for a total price of $29,855 COMMISSION ACTION: þ{] APPROVED [] DENIED [ ] OTHER: County Attorney.(X) v~ coordination/Signature~ Mgt. & Budget (X).)rL¡iYl rt1 Purchasing Mgr.:(X) w Origina~ng Dept Other: Other; Finance: (Check br Copy only, if Applicable) Eff. 1/97 ì '-' * Z Z Z CII C C C .., s: s: s: c. !J OJ !J CII m m m 3 ;;C ;;C ;;C II) :;, 0 0 0 C. 'TI 'TI 'TI I/) !J !J () - II) is is 0 .., ¡, en C s: 0 ." 3 ;;C 0 » m () ~ () c m s: m <: m en m z z C -t 0 en -t º 'TI en m -t C ;;C .~ æ c -t m ~ U'I .... U) ..... U'I ..... 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"'-co_' -'..,.~'.._..,...."....-,,~"_ .~,,',,',""..._,~ "','.'."'_'-'<0_',. .. -," ..,. '_..0·'_'·.·,-··.._,·____.,·, "~"""""'_,"^"_' Co ", ,'",._-,'''~"" """""..".. _'_c,'.,_.",,,,,;,,,,.,,, .. ...,.,__....___,._ ·..··"""'_..".'__..r,.,.'_.,.,, "'"'0''' ,....,·c.·.·..,·_._,..·_·...·._ ._,' ~__._._..,__.,__,~ .. W '" c" '., ,...,.,.,.,....,.,.,._ 'm'.""'_ ,.,' ,0',. ','_ :' ',0 ~ .. .. .".: .,.., , I e ~ur~hases,9! a .1. to.r!~ step V~n a!lºªCabinC.h§!ssis.'iVith 16 fO(''':'';ntra~t~rsþÌJrnPb~.~:~àge 11 From: Roger A Shinn To: Rath, Michael Date: Wednesday, January 02, 2002 3:44PM Subject: Please award the purchases of a 1 ton step Van and a Cabin Chassis with 16 foot contracters dump bod Please award the purchases of a 1 ton step Van and a Cabin Chassis with 16 foot contracters dump body to low bidders. Roger Shinn - 11 m £:) '-' c.. ..' ~ I~ 0 0 c: c: :¡; en 'I~~ S m i: -I en ~ I m ::¡:¡ m 3: Õ ;:g z Õ -I m ~ -I -I > > z i: ;:g -I . i: -I m m Õ ... 0 .. z I D ~ c: :; :'!= .. z rn :; f .0 Q) ;! .~ .... G') C') :¡3 ::t ,. t..I I Q, ~. ....... ,CO d '/T ~ s: -<;æ: ß ~ ..0 <: .1'T1 ~ CD .' 0 .... ::;- ::- 0 C/) ......;:a ~ ~. rM ... :J:i, :J:i, è' l"- I"- I I:: 1:1 ~ en is' ~. § gJ 3 ::::: ~ CD 0- S ::t CD <: ~ - ¡;¡ C') I õ' . Z ~ s: 8- .. I·· ;b; <: CD ~ (") en ¡¡:¡ s: ;.,. rn -f 5- m" I CD .. ,. Or- ¡;¡ - ~ .. c:C: _n Q a "'O- M §.g s:m mn ~CD ¡ zO Õ"2t (') CD . -fC: Q) Q, :::cZ I ä:~ m~ ¡;¡ 5' °m . ã) .. C:o ;! iiJ .. ~> ;;- õ' .. (;;' I (§ i .- -f:::C (') ·z ~ ;:g ."c (') ~ Q) m '. m 00 0 ~ '"CJ (') c: -a: ;:g 0 :::c." z CD CD ;:g ~ i: "'n I -I ~Q, m z ::::::~ '"CJ m i: 00 ~ m c: is: ~ z nc: 3: Q CD 0 >z CD ::t Q, m m ~~ I m Q) ~ i: ~ ? §: Q) m I· ·z mn §:~ :-:I >0 ::t CD :::Cs: II - ::¡ NS: o :"" I. o- s: ;! l oen CD "'en ~ CD Ñ- I g CD (§ FR ~ ~ 00 .... :"" ::- oZ , Õ" Nm .... ~ C/) en <0 ëi> :::c t..I ~ en 0 , 'I. Ot I:: - 0) èt ~ 0 0- 0 CD 0 , ~ .... II 0 0 Q, õ' (') Q) , ~ "tJ Q) S - en , -§ '0 ~ en 11 I I ] . ¡ -..--. \.t .. AGENDA REQUEST ~M NO. C-3-J DATE: January 8,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Michael Rath. Purchasinq Director SUBJECT: Award of Bid No. 02-023, Purchase of a Cab & Chassis with Contractors Dump Body , . BACKGROUND: On December 28, 2001 bids were opened for the Purchase of a Cab & Chassis with Contractors Dump Body for the Central Services Department. Six hundred thirty-seven (637) vendors were notified, thirty-two (32) bid documents were distributed and four (4) bids were received (tabulation attached). The Central Services Department has reviewed the bids received and recommends that the bid be awarded to the low bidder, Gator Ford, for a total price of $32,579 (see attached memorandum). FUNDS AVAILABLE: Account No.: 001-1930-564000-100 CENI'RAL SERVICES/GENERAL MAINTENANŒ EQ No.: 02-030 CAPITAL ECm:~ PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-023 forthe Purchase of a Cab & Chassis with Contractors Dump Body, to Gator Ford, for a total price of $32,579 COMMISSION ACTION: t] APPROVED [] DENIED [ ] OTHER: County Attorney.(X) 0: Mgt. & Budget (X) Purchasing Mgr.:(X) J.,¥- Originating Dept: Finance: (Check br Copy only, if Applicable) Other: Other: Elf. 1/97 , ,Michaêl R:ãih ~"PÎease aW' ~E~'p~rç_~iI:ªfÜ.Iªb~~~ª<2~fl.~~~ã6¡n--Chas~Tšwrt¡:t1II~~ntŒctëi:¿{~~e~9ªEª~J] From: Roger A Shinn To: Rath, Michael Date: Wednesday, January 02,2002 3:44PM Subject: Please award the purchases of a 1 ton step Van and a Cabin Chassis with 16 foot contracters dump bod Please award the purchases of a 1 ton step Van and a Cabin Chassis with 16 foot contracters dump body to low bidders. Roger Shinn L. '-' ...J AGENDA REQUEST ITEM NO. C-4 DATE: January 8,2002 "Investment for the Future" SUBMITTED BY(DIEPT): ENGINEERING DIVISION 4115 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: 1~~1;,~ County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Continuing Contract for Environmental Services with RL. Weigt Environmental Consultants, Inc., for S. 25th Street Phase II Mitigation Monitoring BACKGROUND: As part of the S. 25th Street road improvements, SFWMD permitting requires five year monitoring of the establish,ed mitigation plan. This work authorization with RL. Weigt Environmental Consultants, Inc., includes yearly wetland monitoring, initial exotic species eradication, and yearly mitigation maintenance through September, 2005. The total contract amount is $41,455.00. . , FUNDS AVAIL.: Funds will be made available in 101006-4116-561028-4109 Trans Trust/Road Impact PREVIOUS ACTION: . . April 25, 2000 - Board appròved work authorization no. 6 with Culpepper and Terpening for initial mitigation planting, monitoring setup, culvert installation and construction management. RECOMMENDATION: Staff recommends Board approve the work authorization with RL. Weigt Environmental Consultants, Inc., in the amount of $41,455.00 for S. 25th Street mitigation monitoring through September, 2005, and signature by the Chairman. [X) APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: [x)County Attome [x)Originating Dept. Public Works s25th monitoring weigt.ag COOrdlnatlonlSlanatu.... [x]Mgt. & BUdge~ [X]Co.En~ [x]Revenue Coarct B Pt,,\ [ ]Other '-" "wi WORK AUTHORIZATION Environmental Consulting Services for S. 25~ Street Mitigation Monitoring Contract No. 01-10-152 Pursuant to that certain Agreement Between County And Consul tant For Continuing Environmental Services Phase I Assessments and Wetland Delineation (the "Agreement") between St. Lucie County (the "County") and R. L. Weigt Environmental Consultants, Inc. (the "Consultant") dated October 9, 2001, (Contract No. 01-10-152), Consultant hereby agrees to provide professional environmental services under the terms and conditions set forth in the Scope of Services attached hereto and made a part hereof as Exhibit "A". Compensation to the Consultant shall be as set forth in the Compensation summary attached hereto and made a part hereof as Exhibit "B" for a total lump sum fee not to exceed Forty-One Thousand Four Hundred Fifty-Five and 00/100 Dollars ($41,455.00), All work shall be completed by the end of September, 2005, as set forth in the Schedule summary attached hereto and made a part hereof as Exhibit "C", IN WITNESS WHEREOF, the County and the Consultant have executed this Work Authorization, effective this _ day of , 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: R. L. WEIGT ENVIRONMENTAL ::s~~ Print Name: -;robE!!!"" L.. t<~ Title: P~·uJdE.µr ,~n.. /- ~y/d- i? __~U~ lvt£____ q:\2Itty\agreemnt\work.aut\weigt.Ol.wpd '-" .."" EXHIBIT "A" SCOPE OF SERVICES RL. Weigt Environmental Consultants, Inc. proposes to complete the following tasks in accordance with the Mitigation Plan dated 10 November 1994 provided to and approved by the SFWMD and the COE. Special Condition #14 ofSFWMD Permit #56-01066-8 requires that 0.41 acres of Wetland "c" (refer to Mitigation Plan) be planted and that St. Lucie County monitor the wetland for a period offive (5) years. I. Wetland Monitoring RL W will monitor the progress of the wetlands according to the schedule set forth in Exhibit "C"and permit conditions: The wetlands will be monitored annually with reports submitted to the South Florida Water Management District (SFWMD) for a period of five (5) years. Wetland monitoring will consist of the following: A. Veeetation Survey RLW biologists have established three (3) transects in the mitigation area to be sampled. Vegetatiön quadrats (10 meters x 10 meters) will be sampled by RLW biologists. Vegetation inside the quadrats will be identified to species, when possible, and recorded. Relative abundance and percent-coverage of species will be recorded as follows: 91 - 100% 81 - 90% 71 - 80% 61 - 70% 51 - 60% 41 - 50% 31 - 40% 21 - 30% 11 - 20% 5 - 10% <5% + = few, with small cover r = solitary, with small cover B. Panoramic and Quadrat Photofraphs During each sample iteration, RLW biologists will take 35mm color panoramic photographs (180°) at photo stations established along the three (3) transects. A range-pole will be provided in each photograph for scaling the growth of vegetation '-" ...." A single photograph of each sample quadrat will also be taken. The photographs will provide physical documentation of the conditions within the mitigation area. C Wildlife Utilization A qualitative study of wildlife utilization (birds, mammals, amphibians and reptiles) will be conducted during each sample iteration. A species list of observed wildlife will be compiled during each iteration and included in the annual reports. D. Fish and Aquatic Macroinvertebrate Sampling Qualitative sampling for the presence of fish and aquatic macro invertebrates will be . conducted by biologists during each sample iteration. The fish and aquatic macro invertebrates will be collected with cast nets, dipnets, an/or seine, whichever is more applicable at the time of sampling. A species list will be included in the annual reports. E. Hvdrolof!V Data collected from the water level and rainfall data loggers will be included in the annual reports. Data loggers will be downloaded by computer during the annual monitoring iteration. F. Annual Reports RL W will produce annual monitoring reports that will be furnished to staff members of the SFWMD, according to the Special Conditions of the permit. The annual monitoring reports will contain the following information: 1. Results of the vegetation survey; 2 Results of the wildlife utilization survey; 3. Results of the fish and macroinvertebrate sampling; 4. Panoramic and quadrat photographs; 5. Results of the water level and rain gauge data loggers; and 6. Discussion of project issues related to water levels, vegetation changes, fish and wildlife utilization, exotic species, and recommendations or proposed changes, as necessary, for improving the success of the mitigation area. II. Initial Exotic Species Eradication RL W will treat exotic species in the mitigation site with Garlon mixed with JBL oil plus indicator dye Application of the Garlon will be baseL The trees will be treated and left to die in-place. III. Mitigation Maintenance Exotic and nuisance species will be eradicated on a semiannual basis for the five (5) years of monitoring. Exotic and nuisance species will be treated with herbicide or removed manually. Mitigation maintenance will be conducted in accordance with Exhibit "C". '-" ..., . EXHIBIT "B" COMPENSATION RLW wilI complete Tasks I through III for a total lump sum fee of$41,455.00. Project costs for Tasks I through III are to be invoiced as follows: I. Wetland Monitoring Total cost for Task I is $28,303.00. Project costs will be invoiced after completion of each monitoring iteration, as outlined below: September 200 I - Monitoring Report # I September 2002 - Monitoring Report #2 September 2003 - Monitoring Report #3 September 2004 - Monitoring Report #4 September 2005 - FINAL Monitoring Report #5 $ 4,922.00 $ 5,266.00 $ 5,635.00 $ 6,029.00 $ 6,451.00 IT. Initial Exotic Species Eradication Total cost for Task II is $5,600.00. Project costs will be invoiced upon completion of initial exotic species eradication. III. Mitigation Maintenance Total cost for Task III is $7,552.00. Project costs will be invoiced semiannually, after completion of each maintenance iteration, as outlined below: February 2002 August 2002 February 2003 August 2003 February 2004 August 2004 February 2005 August 2005 $ 850.00 $ 850.00 $ 910.00 $ 910.00 $ 974.00 $ 974.00 $ I,042.00 $ 1,042.00 · '-' ..., EXHIBIT "C" SCHEDULE RLW will complete Tasks I through III according to the following schedule: I. Wetland Monitorine Work on Task I will begin within one (I) working day ofRLW's receipt of approval from St. Lucie County Board of County Commissioners. RLW will complete each monitoring iteration within thirty (30) days from the date in which RL Wbegins each monitoring iteration. Monitoring iterations will be completed annually, according to the following schedule: September 200 I September 2002 September 2003 September 2004 September 2005 Monitoring Report #1 Monitoring Report #2 Monitoring Report #3 Monitoring Report #4 FINAL Monitoring Report #5 II. Initial Exotic Species Eradication Work on Task II can begin within one (I) working day ofRLW's receipt of approval trom St. Lucie County Board of County Commissioners and will be completed within thirty (30) days from the date RL W begins work ill. Miti1!ation Maintenance Work on Task III will be conducted according to the following schedule and will be completed within one (1) week ofRL W's commencement of maintenance activities for each iteration: February 2002 August 2002 February 2003 August 2003 February 2004 August 2004 February 2005 August 2005 '-" Not A Survey '" '" .. ¡¡¡ .. ::0: -W ~~ ;~ g¡~ '20 "g t, ~~ ~~ ~o ...'" §~ -'" i~ ",,,, o~ "'.J !¡;o! ~¡: g~ :¡¡:ò "'~ (/J:J 125 ~~ :.it: "'~ Ü'" "'.. ~'" ",'" ~~ ",'" oW "'i!j ~¡6 ~:¡¡ "... "'''' "" ~~ !¡;g ;~ ,!¡; ~¡:¡ ¡a "'0 "'''' ~~ !¡;'" ~~ ~~ _01 :¡¡¡; "20 <0 :i¡: ~~ =~ ,,< "'" ~:¡¡ "'20 g¡e ..... ~~ ~g "5 :¡¡< e20 ~~ o~ "5 "'0 ~¡: ~~ ~" "';S "'~ ~,¡ g~ ...= r.S~ l:io ~tJ '¡2o ":s ~'" ~g¡ Mag 14.00 Wed Sap 1316:422000 Scola 1:31,250 (at conter) I 2000 Fa~t. I ~~M.tar··_1 - Locsl Road - Major COnrlBctor Interstate/Limited Access Toll Highway US Highway UUlltyJPIpa RaHroad WoOdland -. ----~----_. SOURCE: DeLORME MAPPING,INC. ST. LUCIE COUNTY SEe. TWP. FLORIDA 9 36S R. RLW JOB NUMBER: DATE: SEPTEMBER 2000 DRAWING NAME: LOCA TION.DWG 40E 00-050.01 SOUTH 25TH STREET - ST. JAMES DRIVE MITIGATION MONITORING o North FIGURE: 10F3 R. L. WEIGT ENVIRONMENTAL CONSULTANTS, INC. 8985 S.E. BRIDGE ROAD, SUITE A, HOBE SOUND, FL 33455 (561) 546-6255 FAX (561) 546-2316 E-MAIL rlweigt@gate.net LOCATION MAP , . ~ ~ ~<J ~i!i ~~ l:J.. ~~ ~8 ~~ ~~ ;1 ~!; ~~ ~~ d12 ~! i~ ·e ~~ ~'" ëi i~ i~ &ì~ I~ :!j:;! II ~I i! i!i~ :g¡ ~~ ,: II I! ~§ ~[;ì ~o ..~ ~< U 81; So ~~ ~~ ~.. õ~ ~~ n SO~RCE, ST. L~CIE CO~NTY PROPERTY APPRAISER'S OFFICE. LEGEND . - SAMPLING QUADRAT . - WATER DATA LOGGER .. - PANORAMIC PHOTO LOCATION ST. LUCIE COUNTY SEe. TWP. R. FLORIDA 9 36S 40E RLW JOB NUMBER: 00-050.01 DRAWING NAME: DATE: MONITORING.DWG SEPTEMBER 2000 FIGURE: 20F3 MITIGATION MONITORING MAP R. L. WEIGT ENVIRONMENTAL CONSULTANTS, INC. 8985 S.E. BRIDGE ROAD, SUITE A, HOBE SOUND, FL 33455 (561) 546-6255 FAX (561) 546-2316 E-MAIL rlweigt@gate.net SOUTH 25TH STREET - ST. JAMES DRIVE '-' AGENDA REQUEST ITEM NO. ......-5 DATE: January 8, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: Budget Amendment No. 02-116 and Equipment Request No. EQ02-176 / Media Equipment BACKGROUND: See attachments FUNDS AVAILABLE: Machinery & Equipment 001-1210-564000-100 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of Budget Amendment No. 02-116 and Equipment Request No. EQ02-176 for the purchase of media equipment from G&G Technologies in the amount of $1,477 to be used by the Media Specialist for producing video productions. [x] APPROVED [ ] DENIED [ ] OTHER: - COMMISSION ACTION: Do I Anderson County Administrator County Attorney, ~ Management & Budget Originating Dept. ~ ~ Other, ../' Finance: (Check for Copy only, if applicable) Purchasing: Other: Eff. 5/96 '-' ..J ADM I N ISTRA TION MEMORANDUM íO: Doug Anderson, County Administrator FROM, Sonya Smith, Public Information OffiJtìJ SUBJECí: Background for Equipment Request EQ02-176 DAíE: December 19,2001 On July 11, 2001, the Board of County Commissioners approved the Media Specialist Position for the purpose of broadcasting the County Commission meetings and producing video segments for broadcast on the Government Access Channel. $15,000.00 was set aside for a beginning budget to fund equipment and supplies that would be necessary to complete this project. Interviews were conducted and a candidate selected to fill the position in November, 2001. Shane DeWitt started with us on December 10,2001. It has been determined that we already possess some of the equipment needed to begin producing video segments for the County. íwo Field/Portable Canon XL-1 cameras are already in the County's inventory. íhe attached request is a combination Digital Video (DV) and Super VHS (SVHS) deck that will allow Shane to view, edit and copy tapes from a DV format to a SVHS format. íhe cameras that the County has are a DV format. íhe Government Access Channels are currently using SVHS for broadcast. A monitor is also a necessary component for this set-up. Shane checked with three vendors for both pieces of equipment. G & G íechnologies was the only one that had both the dual video deck and the monitor. íhe price for the dual deck from G & G í echnologies was $174.00 less than the next highest vendor (documentation attached). I am recommending that the Board approve the purchase of the dual video deck and monitor from G & G í echnologies for $1,477.00 cc: Shane DeWitt. Media Specialist '-' BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: OMB FOR ADMINISTRATION 12/19/01 01/08/02 TO: 001-1210-564000-1 00 MACHINERY AND EQUIPMENT $1,477 FROM: 001-1210-552000-100 OPERATING SUPPLIES $1,477 REASON FOR BUDGET AMENDMENT: To transfer funds for media equipment. CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: N/A DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 02-116 G:\BUDGETìQuattro\GENERAL \FORMS\AMENDM02.wb3 m D c =ti s: m z .... ;III m D ;I!: rT1 .0 c I\) , ..... "I 0) 't) 0- (!) :> :-t caë3~<fi"~ "'Q)~Q..CI) -. Q.. :;) -. ':> (!) (') CO Q) cr; ::¡:Q)~Cr.>..Q Q)CI)ë3't)t:: :;) ..... ;:" (!) (!) '" ..Q ;;:¡ (') CI) ~ c:: -.-'" 't) Q) ~ ~ -. Q) ~ -. ëi3' en ""'~:::!''''''õ o-",CJOQ) Q) -. ..- ..... (') ('}Q......s:..Q '-"(!)Õ(!)t:: o 0 _. .....'t) Cr.>:Þca ~ë3<:::Q..0 -Q..:t:3:;) Õ' t:: Cr.> S' (!) o (') -. ã)~Õ'~:::;: CO°::J¡¡¡- (!)~:;:j~:;) Q) o· (!) 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"'\(: , ~ '-" Fr~m: M,hael Ce~..'-slc 2C~-34.S-S.220 To: Shane Oe\lI,Jitt Oat.: 12/14/2JC 1 T:".: 10 1504 A:" Dec.;mber 14, 2001 Prico: Quotati on To: S1. Lucie County G&G Technologies 501 Penhorn A\'Çnue Suite #9 Secaucus. NJ 07094 Voic.:: 201-348-80uO Fax: 20I-348-9220 EmaiI: slaff@ggvjdeo.com Website: www.ggvideo.com From: ~[idlild DeLisio JYC SR- VS20U Dual VCR S1195 Panasonic CT-1386Y 13" Monitor $240 Shipping S42 Tota]: S14ìï Page 2 of 2 ....; '-' INTERNAL REQUISITION AUTHORIZA TION For Warehouse Orders and Other Quotations .~ DEPARTMENT: Administration FUND: DATA INPUT PAGE CLERK REQUISITION NUMBER REQUISITION DATE DELIVER TO: REMARKS: VENDORS: #1 NUMBER NAME B & H ADDRESS 4209"' Ave, NY, NY. 10001 SOLE SOURCE #2 NUMBER NAME Pro Tape ADDRESS 313 S. Congress Ave, Austin, TX. 78704 EMERGENCY PURCHASE #3 NUMBER NAME G & G Technologies ADDRESS 501 Penhom Ave, Suite 9, Secaucus, NJ. 07094-2130 VENDOR #3 UNIT PRICE VENDOR #2 UNIT PRICE VENDOR #1 UNIT PRICE TOTAL PRICE 1389.00 1369.00 Pan.sonic 13" Video Monitor/Receiver NlA N/A PRICES ESTABLISHED BY: VENDOR #3 ~ #2 1389.00 TOTALS \411.<)0 #1 1369.00 DEPARTMENT HEAD OR AUTHORIZED PERSON ONLY VENDOR REPRESENTATIVE #1 #2 ,~ n. C11~ REQUESTING PE SON C:\WJ1\.'DOW5\ TEMP\INTERNA2. WPD '-'" AGENDA REQUEST '-' ITEM NO. C-6C1 DATE: Jan. 8, 200"- REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Paul Julin Project Manager,Central Services SUBMITTED BY(DEPT): Central Services SUBJECT: Work Authorization for Edlund & Dritenbas Architects BACKGROUND: Through Continuing Contract, Edlund & Dritenbas Architectural & Engineering Firm, has worked with staff in preparing preliminary drawings and estimated costforconstruction ofthe Administration Building Addition. This addition will consist of 3,550 sq. ft. on the first floor, 3,741 sq. ft. on the second floor and a 2,200 sq. foot. second floor addition over the existing Tax Collectors Office. To unify the architectural theme of the existing first floor with the new construction, Edlund & Dritenbas will provide the architectural elevations. (Please see attached) FUNDS AVAIL: 310003-1930-562000-16008 (Impact Fees-Other Public Bldgs) $300,000.00 PREVIOUS ACTION: The Board of County Commissioners approved the use of Impact Fees for this project on December 11th, 2001, Item No. C-12-a. RECOMMENDATION: Staff recommends the Board of County Commissioners grant approval to use the services of Edlund & Dritenbas for the construction of the Administration Building in the amount of$176,308.00 and authorize the Chairman to sign the Work Authorization when prepared by the County Attorney. prior to meeting. nderson County Administrator MISSION ACTION: [XJ APPROVED [] [ ] OTHER: Pulled DENIED County Attorney: Originating Dept:~ /J1 Coordination/Siqnatures Mgt. & Budget: Purchasing Mgr.: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 E:\Agenda-Admin Addition.wpd 1".;:' , . '-' .....,J OPINION OF PROBABLE PROJECT COST #2 UTILITIES DEPARTMENT ADDITION AND 2!'D FLOOR COMMUNITY DEVELOPMENT ADDITION 17 October 2001 I. Site Cost A) Handicap parking modifications / new sidewalks ramps B) Stonn water retention modifications C) Landscape Irrigation modifications Sub Total I II. Utilities Dept. Addition Building Costs A) Ground Floor 3,550 sf. x $120.00/s.t. = * B) 2"d Floor (shell) 3,741 s.t. x $ 75.00/ s.t. = C) Covered entrances 328 s.f. x $ 35.00/ s.t. = D) Fire Sprinklers @ $ 1.50 x 7,600/ s.f. = E) Contingencies @ 2% Sub Total II III. Z"d Floor Community Development Addition Bldg. Cost A) Ground floor (exterior faceliff) * B) 2"d Floo.r (shell only) 2,200 s.t. x $ 75.00 = C) Fire Sprinklers 2,200 s.t. x $ 1.50 = 0) Contingencies @ 2% = Sub Total III IV. Other Cost A) Architect / Engineers fees @ 7.8% B) Reimbursable Expenses C) Impact fees / bldg permit fees D) Application fees, miscellaneous E) Fire alarm / Security system F) Furnishings G) Building signage Sub Total IV Total to act as Project Budget $ 10,000.00 $ 30,000.00 $ 15.000.00 $ 55,000.00 $ 426,000.00 $ 280,575.00 $ 11,480.00 $ 11,400.00 $ 14.589.00 $ 744,044.00 $ 100,000.00 $ 165,000.00 $ 3,300.00 $ 5.366.00 $ 273,666.00 $ 83,670.00 $ 56,138.00 $ 17,500.00 $ 3,000.00 $ 13,500.00 (not included) $ 2.500.00 $176,308.00 $1,249,018.00 * Shell improvement will include electrical service to an empty panël, and main supply and return chiller lines. C:030201VB.doc ~ - ~ JM NO. C-f.8 DATE: Januarv 8.2002 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (XX) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Central Services Roger Shinn Central Services Director SUBJECT: Staff requests the Board of County Commissioners approve a one-year extension for Burns International, Contract #00-10-200. BACKGROUND: 51. Lucie County and Burns International entered into a contract on October 24, 2000. The contract was for Burns International to provide security guard services for St. Lucie County. This contract has an option for 2 one-year extensions. Upon approval of this one-year extension, the contract would run through and include October 30, 2002. All terms and conditions of the contract will remain the same. FUNDS AVAILABLE: Funds are available in Account #001-1210-534000-100 PREVIOUS ACTION: NA RECOMMENDATION: Staff recommends the Board of County Commissioners approve a one-year extension for Burns International, Contract #00-10-200. O¡'APPROVED o OTHER: o DENIED COMMISSION ACTION: o County Attorney: ar/ Review and Approvals o Management and Budget: ~ 0 Purchasing: /. o Originating Dept: o Other: o Other: o Finance: Check for copy only, if applicable: Anyone with a $sability requiring accommodations to attend this meeting should contact the St. Lucie County Com munity Services Manager at 561-462-1777 or TTD 561-462-1428, at least 48 hours (48) prior to the meeting. '-" ....." CENTRAL SERVICES MEMORANDUM <'<'='_""'''_'W<',,~w__,. );i!)!(' ~""- ..._w_w"'"",,,,,"',.._,,,,_,,,,,,,,,.___,..,,_,_,'"'_"'h_".' TO: Dan Mcintyre, County Attorney Roger Shinn, Central Services Director6!~ FROM: DATE: December 18, 2001 RE: Contract Extension - Burns International On October 24, 2000, St. Lucie County entered into a contract with the aforementioned vendor to provide security guard services. In accordance with Number 3 - Term, of said Contract (#00-10-200), both parties may exercise the option to extend said agreement for two additional terms of one year each. Therefore, please take the necessary steps to extend said contract for the first of two, one year terms. RS/am -;.' '--' ~D·{D ·;LDO CONTRACT THIS CONTRACT, made this ;).t\{1...day of Dr h~ Q}\ 2000, between ST. LUCIE COUNTY, a political subdivision of the state of Florida, hereinafter called the "COUNTY", and BURNS INTERNATIONAL, or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR". .. WITNESSETH: 1. PURPOSE/DESCRIPTION OF WORK· That Contra'ctor 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 in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract. It is agreed that the work to be done under this Contract is to provide security guard services as set forth in the Contractor's proposal (9 pages), the Scope of Work (1 page), and Holiday Schedule attached hereto and made a part hereof as Exhibit "A". The Contractor shall provide security guards as directed by the County. Project Manager. Any conflict between the terms and conditions of Exhibit "A" and the terms and conditions of this Contract, shall be interpreted in favor of this Contract. 2. PROJECT MANAGER The Project Manager forthe County is Roger Shinn (561) 462-1447. The Project Manager for the Contractor is OIivcr ~olulll at (321) 449-9544. t<¿\I~ ~n 3. TERM Unless terminated as provided for below, the initial term of this Contract for one year shall be through and including October 30, 2001. The parties reserve the right to extend the term of the Agreement tor two additional terms of one year each on the same terms and conditions by written agreement between the parties. 4. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract in accordance with it's the terms at the rate of $15.56 per hour. Payment shall be made no later than thirty (30) days after the receipt and approval of the Contractor's invoice by the County. .11' -1- '-" ....., , 5. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to e~amine 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 ~eduction for amounts charged thereto which are found on the basis of audit examination' not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the Dnal certificate, whichever is sooner. 6. 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. 7. INDEMNIFICATION The Contractor covenants and agrees at all times to pay on behalf of and to save, hold, and keep harmless the County, its Officials, Employees, Agents, and Volunteers and indemnify the County, its Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgements, court costs, reasonable attorney's fees, and liability to the extent arising out of or in any way connected with the Contractor's negligent performance of this Contract. The Contractor hereby acknowledges that the payments made under this Contract include specific consideration for the indemnification provided herein. In the event of such a claim for personal injuries or property damage (under the indemnifications provision herein, or otherwise) by County against Contractor, Contractor's liability shall be limited to an amount not to exceed $1,000,000. 8. INSURANCE A. WORKER'S COMPENSATION The Contractor shall procure and maintain, through the term of this Contract, Worker's Compensation insurance in accordance with the laws of the State .. ,~ -2- '-" ..., 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 subcontractors. 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 General Liability Insurance providing for a limit of not less than one million and nO/100 dollars ($1,000,000.00) 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 be 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. 9. DEFAULT: TERMINATION Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Contractor for all authorized work performed through the termination date. .: 10. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions ofthis Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, 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. 11. NOTICES All notices, requests, consents, and other communications required or permitted under 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 -.... -3- .\r ..." 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: Burns International 265 Crockett Blvd. Merritt Island, FL 32953 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. 12. MEDIATION In the event of: .a dispute between the parties in connection with this Contract, 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 chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 13. DISPUTE RESOLUTION Any disputes relating to a question of fact arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its representative. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County or its representatives who shall reduce the decision to writing. -"'" -4- '-" ....,. 14. THIRD PARTY CLAIMS Notwithstanding anything herein to the contrary, the services provided under this Agreement shall not give rise to, nor shall be deemed to or construed so as to confer any rights on any other party as a third party beneficiary or otherwise. 15. INTERPRETATION: VENUE This Contract c;onstitutes the entire agreement between the parties with respect to the subject matter- hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has signed his, its, or their name, or names the date aforesaid. ATTEST: BY: WITNESSESl Q ~(þ ~L Cð~ BY: Print Name: !L tv14.i\~ e.V C:\JWL\AGREE\BURNS OO.WPD Title: GYI~ -~ -5- ..... AGENDA REQUEST ITEh,JO. C - 71+_ DATE: January 8,2002 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [] PUBLIC HEARING [ ] CONSENT [X ] SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Budget Resolution Number 02 - 07, correcting scrivener error in Budget Resolutions 01 - 296 and 01 - 297 BACKGROUND: On the December 4th, 2001 meeting, the Board approved Budget Resolution Numbers 01 - 296 and 01 - 297, recognizing two USDOT grants for the St Lucie County Airport. Subsequent to the approval, a scrivener error was found in each of the grant fund numbers (140322-4220-331491-400 and 140323-4220-131491-400). The correct fund numbers should have been 140122-4220-331491-400 and 140123- 4220-331491-48006. The error was discovered on December 14,2001; Budget Resolution number 02 - 07 corrects it. This correction does not change the amount the Board approved in the original Budget Resolutions. FUNDS AVAILABLE: N/A PREVIOUS ACTION: December 4th, 2001, Board approved Budget Resolutions 01 - 296 and 01 - 297. RECOMMENDATION: Staff recommends the Board approve Budget Resolution No. 02 - 07, correcting the scrivener error in Budget Resolution Numbers 01 - 296 and 01 - 297. COMMISSION ACTION: oug Anderson unty Administrator [x] APPROVED [] DENIED [ ] OTHER: County Attorney: XX 1J Coo rdinati on/Siq natures Management & BUdget~ Purchasing: Public Works: Other: Originating Dept Finance: (Check for Copy only, if applicable) XX G:\BUDGE1\ WPlAGENDA'SlAgenda02\ I '08.S"n"ollf.wpd '" RESOLUTION NO. 02 - 07 ...., A RESOLUTION, AMENDING RESOLUTION NUMBERS 01 - 296 and 01 - 297 TO CORRECT SCRIVENER ERRORS WHEREAS, the St. Lucie County Board of County Commissioners has made the following determination: 1. On December 4th, 2001, the St. Lucie County Board of County Commissioners adopted Resolution Numbers 01 - 296 and 01 - 297 which appropriated funds for fiscal year 2001 - 2002 from two USDOT grants to the St. Lucie County Airport. 2. Due to a scrivener error in fund numbers allocating funds, it is necessary to amend Resolution Numbers 01 - 296 and 01 - 297. NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Board of County Commissioners: 1. Resolution Numbers 01 - 296 and 01 - 297 are hereby amended as follows: REVENUES 140122-4220-331491-400 140123-4220-331491-400 USDOT USDOT $250,000 $150,000 APPROPRIATIONS 140122-4220-563000-400 140123-4220-531000-48006 Improvements OIT Buildings Professional Services $250,000 $150,000 2. After motion and second the vote on this resolution was as follows: Commissioner Doug Coward Chairman John D. Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Paula A. Lewis PASSED AND DULY ADOPTED THIS 8th DAY OF JANUARY, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\B UDGET,WPlAGEN DA'S\Agenda02\ I '08_ SCR. WPD '-" '.I RESOLUTION NO. 01-296 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the United States Department ofTransportation in the form of a $250,000 grant to rehabilitate runway 14-32 (phase 1 - design only). WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and ex pend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 4th day of December, 2001, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2001-02, and the County's budget is hereby amended as follows: REVENUES 140322-4220-331491-400 USDOT $250,000 APPROPRIA TIONS 140322-4220-563000-400 Improvements OIT Bldgs $250,000 After motion and second the vote on this resolution was as follows: Commissioner Doug Coward, Chairperson AYE Commissioner Cliff Barnes, Vice Chairperson AYE Commissioner John D. Bruhn AYE Commissioner Paula A. Lewis AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED THIS 4TH DAY OF DECEMBER, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY · . '-" ....ì St Lucie Coun/y - !fn'!~~~!W.e~.~~.11f!~g~~ ... . ,--..-;- -".. AGEì"I'DA REQUEST ITEM NO. C-6-E DATE: December 4,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: TO: BOARD OF COUNTY COMIvfISSIOp-.TERS SUBMITTED BY: Airoort Paul PhilliDs SUBJECT: Approve the budget resolution to accept the Federal Aviation Administration (F A.A.) $250,000 grant for the runway 14/32 rehabilitation project at St. Lucie County International Airport. BACKGROUND: The Board accepted the Federal Aviation Administration (FAA) $250,000 grant in August to rehabilitate runway 14/32 at St. Lucie County International Airport. Funding for this project consists of $250,000 of Federal Aviation Administration (FAA) funds, $13,888 of Florida Department of Transportation (FDOT) funds, and $l3,888 of local funds from the Airport local match reserve vvill be made available. ·l-, FUNDS AVAILABLE IN ACCT#: Funds of S250,000 are available from the Federal A....iation Admirustration (FAA). Funds of $18,888 "....i11 be available from the Florida Department of Transportation (FDOT). Matching funds of$13,888 \\1.11 be made available from the Airport local match reserve. (140-9910-599330-800). PREVIOUS ACTION: Approved the funding request to the FAA and FDOT on July 10, 200l. Accepted the grants in August 2001. RECOMMENDATION: Staff recommends that the Board approve the budget resolution 01-296 to accept the Federal Aviation Administration (FAA) S250,000 grant for the runway 14/32 rehabilitation project at St. Lucie County International Airport. Reviews & A rovals County Attorney,· . Originating Dep Finance:(Check COMMISSION ACTION: [XjAPPROVED [ ]DENIED [ ]OTHER: OMB7 ~nf'n&¡ Purchasing Other: Other: Copy only, if applicable) ~. ....,¡ RESOLUTION NO. 01-297 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the United States Departm ent of Transportation in the form of a $150,000 grant to conduct an environmental assessment for new parallel runway 9L-27R. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and ex pend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 4th day of December, 2001, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2001-02, and the County's budget is hereby amended as follows: REVENUES 140323-4220-331491-400 USDOT $150,000 APPROPRIA TIONS 140323-4220-531000-400 Professional Serv ices $150,000 After motion and second the v ote on th is resolution was as follows: Commissioner Doug Coward, Chairperson AYE Commissioner Cliff Barnes, Vice Chairperson AYE Commissioner John D. Bruhn AYE Commissioner Paula A. Lewis AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED THIS 4TH DAY OF DECEMBER I 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY : ~ , .J St Lucie County . INTERNATIONAL AIRP08~ -on Florida's 'Treasure Còas(----·,''Í' ..1..GENDA REQUEST ITEM NO. C -6 - D DATE: December 4,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: TO: BOARD OF COUNTY COMMISSI00.TERS SUBMITIED BY: Airoort Paul PhilliDs SUBJECT: Approve the budget resolution to accept the Federal Aviation Administration (FAA) 5150,000 grant for the preparation of the EnYÎronmental Assessment for the proposed new parallel runway at St. Lucie County International Airport. BACKGROUND: The Boai'd accepted the F ederal Aviation Administration (FAA) $150,000 grant in August to prepare an Environmental Assessment for the proposed parallel runway 9L127R at St. Lucie County International Airport. Funding for this project consists of $150,000 of Federal Aviation Administration (FAA) funds, 563,500 of Florida Department of Transportation (FDOT) funds, and $63,500 of local funds from the Airport local match reserve will be made available. - FUNDS AVAILABLE IN ACCT#: Funds of 5 150,000, designated as General Aviation Entitlement Funds, are available from the Federal Aviation Administration (FAA). Funds of $63,500 will be available from the Florida Department ofT ransportation (FDOT). Matching funds of $63,500 \'Iill be made available from the Airport local match reserve. (140-9910-599330-800). PREVIOUS ACTION: Approved the funding request to the FAA and FDOT on July 10,2001. Accepted the grants in August 200 1. RECOMMENDATION: Staff recommends that the Board approve the budget resolution 01-297 to accept the Federal Aviation Administration (FAA) S150,000 grant for the preparation of the Environmental Assessment for the proposed new parallel runway at St. Lucie County International Airport. \rl~ Purchasing Other: CE: COMMISSION ACTION: [iIAPPROVED [ ]DENIED [ ]OTHER: ~' . \OMB 7' Other: , if applicable) ... - .. .. .. AGENDA REOUEST IT~O. C-7b DATE: January 8, 2002 REGULAR PUBLIC HEARING [ CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Donations Toward the Zora Neale Hurston Dust Track Heritage Trail project BACKGROUND: The Cultural Affairs Council have generously donated funds in the amount of $600 to be used toward the Zora Neale Hurston Dust Track Heritage project. In order to use the funds from donation the Board must budget and appropriate the unanticipated funds. The attached resolution 02-02 will accomplish this accordance with Florida Statutes. FUNDS AVAILABLE: See attached Budget Resolution 02-02 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board approve Budget Resolution 02-02 establishing the increased budget and direct staff to proceed with the necessary steps to complete its processmg. [x] APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: E: County Attorney: XX Coordination/Signatures ~/ Management & Budget: xx,.jJfJI...cfr¡~rchaSing: Central Services: XX Finance: (Check for Copy only, if applicable) XX Orig Dept: G :\BUDGETI WPIAGEN DA'S'Agenda02\O 1 '08 -CAe. wpd /' .. . '-' RESOLUTION NO. 02-02 'WIll WHEREAS, subsequent to the adoption of the SI. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a contribution from the Cultural Affairs Council for the Zora Neale Hurston Dust Track Heritage Trail project. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESO L VED by the Board of County Commissioners of S1. Lucie County, Florida, in meeting assembled this 8th day of January 2002, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2001-02, and the County's budget is hereby amended as follows: REVENUES 001-7110-366930-700 Contributions $600 APPROPRIATIONS 001-7110-534000-700 001-7110-547005-700 001-7110-551000-700 Other Contractual Services Printing & Binding/Materials Ctr Office Supplies $300 $150 $150 After motion and second the vote on this resolution was as follows: Commissioner Doug Coward Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Paula A. Lewis Commissioner Frannie Hutchinson xxx xxx XXX XXX XXX PASSED AND DULY ADOPTED THIS 8th DAY OF JANUARY 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTOR,,,r:y G .'BUDGET. WP\AGE:O;DA'S\Agenda02\O 1'08 -CAe. wpd , '-' '....I Coordinati on/S ignatures County Attorney: XX Management & Budget: XX Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) XX Purchasing: Other: RESOLUTION NO. 02-09 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available ITom the Florida Fish and Wildlife Conservation Commission in form of the Derelict Vessel Removal Grant in the amount of$2,200. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofS1. Lucie County, Florida, in meeting assembled this 8th day ofJanuary, 2002, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2001-02, and the County's budget is hereby amended as follows: REVENUES 001272-2510-334910-200 Other State Grants $2,200 APPROPRIA nONS 001272-2510-534000-200 Other Contractual Services $2,200 After motion and second the vote on this resolution was as follows: Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Paula A. Lewis Commissioner Frannie Hutchinson Commissioner Doug Coward XXX XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 8TH DAY OF JANUARY, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS 0:18 U DO ETI WPI^ G EJ\D A '5 \Agenda02\ 1 '8Dere 1 i ct V esse 1 ~gran!. wpd ... '-" ATTORNEY o :IBU DO ETIWPIAO EN DA'S\Agenda02\ I 'SDerelictV essel...8rant. wpd ...,I ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ..... AGENDA REOUEST r~ NO. C- 7c DATE: January 8, 2002 REGULAR r ] PUBLIC HEARING r ] CONSENT [X ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Budget Resolution 02-09 for the $2,200 Derelict Vessel Removal Grant awarded by the Florida Fish and Wildlife Conservation Commission (FFWCC). BACKGROUND: N/A FUNDS WILL BE AVAILABLE: 001272-2510-334910-200 FFWCC Derelict Vessel Grant PREVIOUS ACTION: On October 23, 2001 the St. Lucie BOCC accepted the grant award and authorized the Chair to sign the Grant Agreement. RECOMMENDATION: Staffrecommends that the Board of County Commissioners approve Budget Resolution # 02-09 to appropriate and expend funds from the FFWCC Derelict Vessel Removal Grant in the amount of $2,200. COMMISSION ACTION: NCE: [x] APPROVED [] DENIED [ ] OTHER: oug Anderson nty Administrator CoordinationlS ignatures County Attorn,y: XX ~. _ Maoo¡¡,meot & Budg'" ~ Purebæ;ing: _ Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) XX G:\B UDGE1\ WPIAGENDA'SlAgenda02\ 1'8 [)erel ictV essel.J!rant. wpd '-" RESOLUTION NO. 02-09 ....,¡ WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Fish and Wildlife Conservation Commission in form of the Derelict Vessel Removal Grant in the amount of $2,200. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 8th day of January, 2002, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2001-02, and the County's budget is hereby amended as follows: REVENUES 001272-2510-334910-200 Other State Grants $2,200 APPROPRIATIONS 001272-2510-534000-200 Other Contractual Services $2,200 After motion and second the vote on this resolution was as follows: Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX Commissioner John D. Bruhn XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED THIS 8TH DAY OF JANUARY, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\B UDGE1\ WPIAGENDA'SlAgenda02\ ¡'8Derel ¡ctV essel..ßrant. wpd FLORIDA F~ AN~ WILDLIFE CONSER\ rIO~ COMMISSION JUDE K. MORRlS Sarasota DAVID K. MEEHAN St. Petersburg H.A. "HERKY" HUFFMAN Deltona JOHN D. ROOD Jacksonville QUINTON 1. HEDGEPETH, DDS Miami ED~NP.ROBERTS,DC Pensacola RODNEYBARRE.TO Miami AllAN !. EGBERT, Ph.D., Exocutive Director VICTOR J. tŒI.l.ER, Assistant Executive Direcror DMSION OF U.W ENFORCEMENT COLONEL ROBERT L EDWARDS, DIRECTOR LT. COLONEL DON HOLWAY, DEPtrrY DIRECTOR LT. COLONEL JOHN W. WALIŒR, DEPtrrY DIRECTOR (850)48&-6251 TDD (850)488-9542 October 3, 2001 ~ Mr. Jack Southard Public Safety Director St. Lucie County 101 North Rock Road Ft. Pierce, FL 34945 œr -:4 2001 Dear Mr. Southard: Enclosed are three original Grant Agreements for signature under the Derelict Vessel Removal Program. After you have reviewed, and understand the tenns and conditions of the Grant Agreement and Attachments, please have the person authorized to sign all three Agreements complete, sign and return to Florida Fish and WildJife Conservation Commission. It is important that all three Agreements are returned to the Commission to secure funding for your project. After all original Grant Agreements have been received by this office, the Agreements will be processed for execution and ODe original Agreement will be returned. Once you receive an executed Agreement, you may begin expenditures toward your derelict vessel removal project. According to the Agreement, the project is scheduled for no removal activity beyond Mav 21. 2002. Budget authority for this Agreement ends June 30. 2002. and the Commission's authority to authorize spending under the Agreement beyond that date is contingent upon certification forward of grant funds. The first invoice must be received no later than June 1. 2002, to assure the availability of funds for payment. Should you have any questions or concerns, you may reach me at (850) 488-5600, ext. 173. Sincerely, ~ ~~ÙS!J'-¿ ~ Wendy H Derelict es I Grant Specialist Boating Safety and Waterway Management Section Jwh Enclosures 620 South Meridian s~ Tallahassee· FL' 32399·1óOO ~ ....¡ FLORIDA FISH A.J"'D WILDLIFE CONSERVATION COMMISSION DERELICT VESSEL REMOVAL GRANT AGREEMENT FWC GRANT NO 01021 THIS AGREEMENT is entered into between the FLORlDA FISH AND WILDLIFE CONSERV A nON COMMISSION, hereinafter referred to as the "COMMISSION", and St. Lucie Countv Board of Countv Commissioners. whose address is 101 North Rock Road. Ft. Pierce. Florida 34945. and hereinafter referred to as the "GRANTEE". WITNESSETH: WHEREAS, the COMMISSION has established a program to provide grants to coastal local governments for the removal of derelict vessels from the public waters of the state pursuant to Section 376.15(2)(b), Florida Statutes, hereinafter referred to as the "Program"; WHEREAS a GRANTEE is a coastal local government as defined by Florida Statutes; NOW THEREFORE, the COMMISSION and the GRANTEE do hereby mutually agree as fol1ows: 1. Definition. ScoDe and Oualitv of Grant Services a. The GRANTEE shall administer the removal and disposal of designated derelict vessels as an independent governmental authority and not as an employee, agent, or representative of the COMMISSION. b. No vessel shall be eligible for removal or disposal by the GRANTEE unless and until said vessel has been designated as a derelict vessel by the Commission's Bureau of Marine Enforcement as prescribed by General Order of the COMMISSION's Division of Law Enforcement. c. Only derelict vessels that appear on the Derelict Vessel List, Attachment A, which is made a part of this Agreement by reference, are eligible for grant monies. d. Authorized disposal sites for derelict vessels shal1 be limited to permitted artificial reef sites, permitted landfill locations and permitted recycled materials centers. Exceptions to this requirement must be approved in writing by the Executive Director of the COMMISSION. e. No grant monies for the removal or disposal of a given derelict vessel shall be paid to the GRANTEE until said vessel has been legally removed and disposed of, and such removal and disposal properly documented by the GRANTEE. For derelict vessels disposed in a landfill, the documentation must be a landfill receipt clearly marked with the derelict vessel number and, date of disposal for each derelict vessel. f. The GRANTEE shall be responsible for obtaining all state, local and federal permits and licenses required for the removal and disposal ,of the designated derelict vessels. The GRANTEE shall fully comply with all applicable laws, ordinances, and codes of state, federal and local governments which are applicable to the work accomplished pursuant to this Agreement. Full responsibility for such compliance shall rest with the GRANTEE. DV#OI-13 FWCC Ol021 Page 1 of 9 '-' ......I g. Any pollutant found to be contained within a designated derelict vessel shall be removed and properly disposed of in accordance with applicable laws by the GRANTEE prior to the removal of the derelict vessel. h. The GRANTEE shall be entitled to the salvage value of any grant-designated derelict vessel or any partes) or accessories thereof, excluding the hull, not used in the construction of a permitted artificial reef site. All such salvage activities not essential to the physical removal of a derelict vesse1 shall be accomplished after the vessel has been removed from public waters. The salvage value of each vessel shall be deducted by the GRANTEE when determining the removal and disposal costs for each derelict vessel. i. The GRANTEE agrees that all work shall be performed satisfactorily as determined by the COMMISSION by competent employees experienced and qualified to do the work specified in this Agreement, and that all work will be performed in accordance with the best commercial practices and without unnecessary delays. The GRANTEE and its subcontractors shall use suitable, modern equipment necessary for the satisfactory execution of this Agreement. J. The GRANTEE shall not be entitled to payment from grant funds for any designated derelict vessel for which the removal and 'disposal of same was accomplished prior to the award of the grant or subsequent to the close of the grant period established by the COMMISSION. k. The GRANTEE shall maintain insurance coverage, either through a self-insurance program or purchase of coverage from an authorized insurer, to protect the GRANTEE from any and all claims, including pollutant spillage and death, which may arise from operations under this Agreement. The GRANTEE'S insurance shall, at a minimum be sufficient to pay a claim or a judgement, or portions thereof, of $200,000 per incidence or occurrence. The GRANTEE shall require any subcontractor to carry insurance coverage as necessary to protect the subcontractor and GRANTEE from any and all claims arising out ofthe subcontractor's participation in activities related to this program. Certificates of such insurance shall be subject to the approval of the COMMISSION for adequacy of protection and name the COMMISSION, the Board of Trustees of the Internal Improvement Trust Fund and the State of Florida as additional insureds. All certificates of insurance shall contain a provision that the insurance will not be cancelled for any reason except after thirty(30) days written notice to the COMMISSION'S project manager. I. To the extent required by law, the GRANTEE will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of GRANTEE'S employees connected with the work of this project and, in case any work is subcontr<!.cted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under the Workers' Compensation statute, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of GRANTEE's employees not otherwise protected. The GRANTEE agrees to supply the COMMISSION with proof of insurance, the týpes and coverage outlined by the COMMISSION. The GRANTEE shall provide to the COMMISSION a true copy of the insurance herein required prior to the execution of the related agreement through the issuance of a purchase order or the execution of a fonnal contract. DV#Ol-13 FWCC Ol021 Page 2 of 9 2. .). m. Sh~the rightful o..\'ner be discovered, the GRANTEE shall make a re~able effort to recover from the derelict vessel owner(s) all grant funded removal and disposal costs incurred pursuant to this Agreement. Any such recovered monies shall be reimbursed to the COMMISSION, with a check marked restitution of derelict vessel removal, and Agreement number 01021. n. An awarded Derelict Vessel Removal Grant shall be subject to pre-audit and post-audit review by the COMMISSION or its representative. All records and documents of the GRANTEE pertaining to this Grant shall be maintained by the GRANTEE for a minimum of three (3) fiscal years following the end of the fiscal year in which final grant payment is made by the COMMISSION to the GRANTEE. Said records and documents shall be made available to the COMMISSION or its representative upon request. This period shall be extended for an additional two (2) Years upon request for examination of all records and accounts for payment verification purposes by the COMMISSION or its duly authorized agent. ln the event any work is subcontracted; the GRANTEE shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Disposition. Status Reports. and Chan£l:e Orders of Derelict Vessels a. The derelict vessels listed in the GRANTEE's "Derelict Vessel Listing", Attachment A, which is made part of this Agreement, shall be removed and disposed of by the GRANTEE to the extent grant reimbursement funds allow, unless during the time of removal a listed vessel is no longer on site, in accordance with the provisions of this Agreement. b. The COMMISSION may at any time, by written order designated to be a change order, make any change in the list of vessels to be removed under this Agreement. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the total amount of the grant or grant period shall require an appropriate adjustment and modification (formal amendment) to this Agreement. It is the intention of the COMMISSION and the GRANTEE that no evidence of any waiver or modification or amendment shall be offered or received in evidence in any proceeding or litigation between the parties arising out of or affecting this Agreement unless such waiver, or modification or amendment is in writing and executed as aforesaid. The provisions of this section shall not be waived without compliance with said writing and execution requirements. c. The GRANTEE is required under the terms of this Agreement to forward monthlv oro!!ress reports to the COMMISSION detailing the exact status of each derelict vessel with regard to the removal process. Failure to make these progress reports to the COMMISSION shall be deemed a material breach of the Agreement and may subject the GRANTEE to cancellation of the Agreement. Reimbursements a. The COMMISSION shall pay, on a cost reimbursement basis, to the GRANTEE, actual expenses incurred up to a total grant amount not to exceed S2·,200.00 under this Agreement. Payment requests and expenditure documentation shall be submitted in accordance with, and on the forms included in, the Grant and Contract Accountability Policy and in sufficient detail for a proper pre-audit and post-audit thereof. However, reimbursement to the GRANTEE shall be net of salvage as referenced in Paragraph I (h). Salvage recovery must be documented DV#01-13 FWCC 0102\ Page 3 of 9 '-' .....J as required by the COMMISSION. Reimbursement under this Agreement does not include travel or any administrative costs. The COMMISSION's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. b. The request for compensation shal1 consist of; A) An invoice on the GRANTEE's letterhead, clearly marked "Invoice", that makes reference to FWC Grant Agreement number, 01021; B) A visual verification of removal report entitled "Incident/Summary Report Narrative", (FWCIDLE-045A), from your district FWC office that indicates the derelict vessel(s) have been removed; C) Photograph's of the-actual removal for each derelict vessel removed under this Agreement and; D) The form entitled "Disposition Certification" for Derelict Vessels completed, and notarized. c. Up to two invoices may be al10wed under this Agreement. Under existing budget authority. the first invoice must be received no Iater than June 1.2002. to assure the availability of funds for pavment. A second and final invoice date may be offered by the COMMISSION, at its discretion, if budget authority is certified forward as outlined in the Term of Agreement section, and contingent upon satisfactory performance to date by the GRANTEE. d. Only eligible costs identified in the Grant and Contract Accountability Policy shall be allowable. AI1 minor details necessary for proper completion of the work herein specified shall be accomplished by the GRANTEE without additional expense to the COMMISSION e. Verification of compliance with the grant terms and conditions must be completed by the COMMISSION, and payment wil1 be authorized within 30 days after receipt by the COMMISSION of the required "Disposition Certification for Derelict Vessels", and a proper invoice with supporting schedules and documentation of allowable expenses incurred. 4. Term of A~reement The grant period shal1 begin on the date of execution, and end no later than November 1. 2002. It is understood and aweed that budget authority for this Agreement ends June 30. 2002. and the COMMISSION's authority to authorize spending under the Agreement beyond that date is contingent upon certification forward of grant funds by the Governor's Budget Office, of which there is no guarantee. Therefore. the GRANTEE shall not be reimbursed for activities bevond Mav 21. 2002. unless and until notified otherwise by the COMMISSION. If grant funds are certified forward, the COMMISSION may, at its discretion, notify the GRANTEE by certified letter of the additional budget authority, and thereby authorize the GRANTEE to continue grant activities through the remaining term of the Agreement. 5. Monitorine The GRANTEE shall permit the COMMISSION, or its duly authorized representative, to monitor the removal and disposal of derelict vessels covered by this Agreement as deemed necessary by the COMMISSION. 6. Liability Each party hereto agrf':es that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statutes. DV#Ol-13 FWCC Ol021 Page 4 of 9 '-' ....J 7. Termination of Ae:reement a. This Agreement may be terminated by either party, for failure to perform by the non- terminating party, by giving thirty (30) calendar days written notice to the other party. Said notice shall be sufficient if delivered personally or by certified mail to the address contained herein. In case of termination, the GRANTEE will not be reimbursed for any work performed after receipt of the written notice. b. The COMMISSION shall have the righ~ to terminate this Agreement and demand refund of Program funds in the event of fraud, willful misconduct, or any breach of terms and conditions of this Agreement. Failure to comply with the provisions shall result in the COMMISSION declaring the GRANTEE ineligible for further participation in the Program. 8. Public Records Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Agreement shall be public record and shall be treated in the same manner as other public records are under general law. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to allow public access to all documents, papers, letters or other material sUQject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this Agreement. 9. Non-Exclusive Basis As a condition ofthis agreement, the GRANTEE and fits subcontractors, if any, hereby covenant and agree not to discriminate against any individuals's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring pursuant to this Agreement. ] O. Prohibit Lobbvin!! Expenditure ln accordance with Section 216.347, Florida Statues, this Agreement strictly prohibits the expenditure of Derelict Vessel Removal Grant funds for the purpose of lobbying the Legislature, the judicia] branch, or a state agency. ] ]. FederaUFlorida SiD!!le Audit Acts Reauirements Effective July], 2000, the Florida Single Audit Act requires all non-State organizations who are recipients of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 216.3491, Florida Statutes. In addition, recipients and subrecipients of federal financial assistance must comply with the Federal Single Audit Act requirements ofOMB Circular A-133. Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment B, titled "Requirements ofthe Federal and Florida Single Audit Acts," attached hereto and made a part of the Agreement, as applicable. 12. COMMISSION Manae:ement of Ae:reement The COMMISSION'S Project Manager is Boatine Safety and Waterwav Manaeement Coordinator, Division of Law Enforcement, Boating Safety and Waterway Management Section, Phone 850-488- 5600. The GRANTEE'S Project Manager is Public Safety Director. Phone 561-462-1736. All matters shall be directed to the Project Managers for appropriate action or disposition.o DV#OJ-13 FWCC 01021 Page 5 of 9 '-" ....." 13. Correspondence Mailin!!: Addresses Any and all notices sha1l be delivered to the parties at the following addresses: GRANTEE St. Lucie County Public Safety Director 101 North Rock Road Ft. Pierce, Florida 34945 COMMISSION F10rida Fish and Wildlife Conservation Commission Division of Law Enforcement 620 South Meridian Street Tallahassee, Florida 32399-] 600 14. Public Entity Crime Vendors . A person or affiliate who has been placed on the' convicted vendor list f01l0wing a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount under Category Two provided in Section 287.017, Florida Statutes, for a period of36 months from the date of being placed on the convicted vendor list. IS. Prohibition of Discriminatorv Vendors In accordance with Section 287.134, Florida Statutes, 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 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. 16. Conflict ofInterest The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 17. Jurv Trial Waiver As consideration of this Agreement, !be parties hereby waive trial by jury in 8llY action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 18. Laws of Florida. Severability. and Venue This 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 sha1l be interpreted in such a 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. The parties agree that Leon County, Florida, shall be the venue for all actions, at law or in equity, arising herefrom, to the exclusion of all other lawful venues. 19. Waiver 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 party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. . DV#01-13 FWCC 01021 Page 6 of 9 20. 21. 22. ")" _.J. 24. '-' .., Taxes The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms ofthis Agreement. Ri!!hts of Third Parties This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. Assi!!nment This Agreement is an exclusive agreement for services and may not be assigned in whole or in part without the written approval of the COMMIS~ION. Subcontractinl! . The GRANTEE agrees to be responsible for'thefulfiHment of all work elements included in any subcontract consented to by the COMMISSION and'agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shaH not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. P.R.I.D.E. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Agreement shall be purchased from the corporation identified under chapter 946, Florida Statutes, if available, in the same manner and under the same procedures set forth in Section 946.515(2), (4), Florida Statutes; and for the purposes of this Agreement the person, firm or other business entity carrying out the provisions ofthis Agreement shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. This "corporation identified' is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INe. (P.R.I.D.E) which may be contacted at: P.R.I.D.E. 12425 28th Street North St. Petersburg, Florida 33716 Telephone: (727) 572-1987 25. Prohibition al!ainst Contin!!ent Fees The GRANTEE warrants that it has not employed or retained any company or person, other than a bona fide employee workin~ solely for the GRANTEE to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the GRANTEE any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 26. Complete A!!:reement This Agreement contains the complete Agreement between the COMMISSION and the GRANTEE and, as of the effective date hereof, shaH supersede all other agreements, communications or representations, either verbal or written, between the COMMISSION and the GRANTEE. DV#OI-13 FWCC 01021 Page 7 of 9 · . '-' ...I The COMMISSION and the GRANTEE stipulate that neither of them has made any representations except such representations as are specifically contained within this Agreement. The COMMISSION and the GRANTEE further acknowledge that any payments or representations that may have been made outside of those specificaJly contained herein are of no binding effect and have not been relied upon by either party in its dealings with the other in entering into this Agreement THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK DV#01-13 FWCC 01021 Page 8 of 9 \...- 'wi IN \VITNESS 'W'HEREOF, the parties have caused this Agreement to be duly executed, the day and year last below wrinen. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS FLORlDA FISH AND WILDLIFE CONSERVATION COMMISSION Chairman or designee* Date Director, Division of Law Enforcement Date Title Name(Print) F Approved as to form and legality: County Name Address City, State and Zip Code Federal Employment Identification Number 59-6000-835 Remittance Address: Address City, State and Zip Code *If someone other than the Chairman signs the Agreement, a resolution, statement or other document authorizing the person to sign the Agreement on behalf of the county must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Tvpe Attachment A: Attachment B: Exhibit I: Description Derelict Vessel Listing' Requirements of the State and Federal Single Audit Acts Funds awarded to the recipient DV#01-13 FWCC 01021 Page 9 of 9 "'" ....I A TT ACHMEì"I'T A DERELICT VESSELS TO BE REMOVED LISTED IN ORDER OF PRlORlTY Photocopy this page if additional forms are needed. Mark through rows not used on this form. FWC Estimated LengÙl of Projected cost of Designated Disposal DV# Vesse! . Vesse! Removal and Site (specify Disposal (where artificial reef or ,possible use bid as landfill!ocation) . estimate) I \Z::;Sf1 ~ I I ! I I I I I I I r L I ~( I I I I I I I I I I I I I I I If¡ ( 'II LQ.r¡aï( I I I I I I I I I I I I I J/I) ') \ Grant Award Agreement # [ I vG\ I (to be assigned by FWCC staff) I I I I 1 I I I I I I I I I '-' ...., ATIACHMENT B REQUIREMENTS OF THE STATE AND FEDERAL SINGLE AUDIT ACTS The administration of funds awarded by the Commission to the Contractor/Grantee may be subject to audits and/or monitoring by the Commission as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMS Circular A-133, as revised (see "AUDITS· below); monitoring procedures may include, but not be limited to. on>site visits by Commission staff, limited scope audits as defined by OMS Circular A-133. as revised, and/or other procedures. Sy entering into this agreement. the recipient agrees to comply and cooperate with any monitoring procedures/processed deemed appropriate by the Commission. In the event the additional instructions provided by the Commission 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 govemment or a non-profit organization as defined in OMS Circular A.133, as revised. 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 of OMS Circular A-133, as revised. EXHISIT 1 to this agreement indicates Federal funds awarded through the Commission by this agreement. In including Federal funds received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS Circular A-133. as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS 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 the requirements relative to auditee responsibilities as provide in Subpart Co OMS 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 OMS Circular A·133, as revised. is not required. In the event that the recipient expends less than S300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMS 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). PART II: STATE FUNDED This part is applicable ifthe recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient. the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97. Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller. and Chapter 10.600. Rules of the Auditor General. EXHISIT 1 to this agreement indicates State funds awarded through the Commission by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards. including State funds rec¡ived from the Commission except that State awards received by a non-state entity for Federal program matching requirements shall be excluded from consideration. 2 In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(23)(t). Florida Statutes. and Chapter 10.600, Rules of the Auditor General. '-' "'" 3 If the recipient expends less than 5300.000 in State awards in its fiscal year. an audit conducted in accordance with the provisions of Section 215.97. Florida Statutes. is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and 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 (i.e.. the cost of such an audit must be paid from recipient funds obtained from other than State entities). . PART III: OTHER AUDIT REQUIREMENTS None PART IV: REPORT SUBMISSION Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted; when required by Section .320 (d). OMB Circular A·133, as revised, by or on behalf of the recipient directly to eaèh of the following. A. The Commission at each of the following addresses: FWCC Program Grants Manager Division of Law Enforcement 620 S. Meridian Street Tallahassee, Florida 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian Street Tallahassee, Florida 32399-1600 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) 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 10" Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMB Circular A-133. as revised. 2 Pursuant to Section .320(1), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c). OMB Circular A-133, as revised. and any management letters issued by the auditor, to the Commission at each of the following addresses: A. The Commission at each of the following addresses: Program Grants Manager Florida Fish and Wildlife Conservation Commission Division of Law Enforcement 620 S. Meridian Street Tallahassee, Florida 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian Street Tallahassee, Florida 32399·1600 '-" ...,J 3 Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following addresses: A. The Commission's Project Manager. and Audit Director Program Grants Manager Florida Fish and Wildlife Conservation Commission Division of Law Enforcement 620 S. Meridian Street Tallahassee, Florida 32399-1600 Audit Director Florida Fish and Wiidlife Conservation Commission Bryant Building, Room 138 620 S. Meridian Street Tallahassee, Florida 32399-1600 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Buildin9 111 West Madison Street Tallahassee, Florida 32302-1450 . 4. Copies of reports or management letters required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Commission's Project Manager. and Audit Director Program Grants Manager Florida Fish and Wildlife Conservation Commission Division of Law Enforcement 620 S. Meridian Street Tallahassee, Florida 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian Street Tallahassee, Florida 32399-1600 5. Any reports. management letters. or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in a=rdance with OMB Circular A-133. Florida Statutes, and Chapter 10.600. Rules of the Auditor General, as applicable. , 6. Recipients, when submitting audit reports to the Commission for audits done in accordance with OMB Circular A-133. Florida Statutes. and Chapter 10.600, Rules of the Auditor General. should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period ofthree years from the date the audit report is issued. and shall allow the Commission or its designee, access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, upon request for a period of three years from the date the audit report is issued. unless extended in writing by the Commission. '-" ~ EXHIBIT - 1 FEDERAL FU1'íDS AWARDED TO THE RECIPIE1'íT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None COMPLIANCE REQUIREMEJ\'TS APPLICABLE TO THE FEDERAL FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None STATE FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OFTHE . FOLLOWING: MATCHING FUNDS FOR FEDERAL PROGRAMS: None SUBJECT TO SECTION 215.9i, FLORIDA STATUTES: Agency: State Program Title: CSFA Number: GRANTEE: Amount: FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Derelict Vessel Removal Grant Program 17.005 St. Lucie County $2,100.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None ~ AGENDA REQUEST !~ ITE~. C-7d DATE: January 8, 2002 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [] PUBLIC HEARING [ ] CONSENT [X ] SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Budget Resolution No. 02-20 for the Metropolitan Planning Organization (MPO) Section 5303 Grant (formerly Section 8) due to increased funding. BACKGROUND: Attached is a copy of executed FY 02 Transit Planning Grant Award. The previously approved budget for the Joint Planning Participation Agreement between St. Lucie MPO and the Federal Transit Administration, (FL-80-X011, State Project No. 411385-11401) for FY2001/2002 did not include the unexpected increase. In the final executed Contractual Award, an additional $33,963 in Federal funds were allocated to the Grant. The county budget previously established per anticipated grant funds was $33,750, however, thE:: actual award was in the amount of $67,713. FUNDS AVAILABLE: See attached Budget Resolution No. 02-20 001142-1510-331421-100 Planning-Community Development FTA Section 5303 (Section 8) Grant FY02 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board accept the Transit Planning Grant Award and adopt Budget Resolution No. 02-20 establishing the increased budget and direct staff to proceed with the necessary steps to complete its processing. COMMISSION ACTION: ENCE: [xl APPROVED [·1 DENIED [ I OTHER: County Attorney: )l/ Management & Budget: rr(;~urchaSing: Orig Dept: Central Services: Finance: (Check for Copy only, if applicable) ~ Other: G:'BUDGET\WP\AGE:\D~'S\Agenda02\1'08CommDev Section 8 i\IPO Budget.wpd '-' '-' RESOLUTION NO. 02-20 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have in the form of an increase from the Federal Transit Administration in the amount of $33,963. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 8th day of January, 2002, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2001-2002, and the County's budget is hereby amended as follows: REVENUES 001142-1510-331421-100 Federal Transit Administration $33,963 APPROPRIATIONS 001142-1510-531000-100 Professional Services $33,963 After motion and second the vote on this resolution was as follows: Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX Commissioner John D. Bruhn XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED THIS 8th DAY OF JANUARY, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\BUDGET\WP\AGE;";DA·S·Ageru.!a02·.]·08ConllnD~\" St:l:tIOIl 8 MPO Buuget.wpd - JEB BUSH GOVERNOR J Florida Department of Transportatiori ... OFFICE OF MODAL DEVELOPMENT . L 3400 WEST COMMERCIAL BOULEVARD FORT LAUDERDALE. FLORIDA JJ309-341I TELEPHONE: (954) 777-4490: FAX: (954) 677-7892: ToII-Fr..: (866) 33~43S :.',")!J\ 0·', :::?: \j·.·",;~cr ';DEC· .',-,;---jJ¡;; j .-'':''I~--''',=.j '-' . ........,. '" -. ~ . . ...'-,...... ,T1 ;=!...C~<0A THOMAS F. BARRY, JR. SECRETARY November 28, 2001 Ms. Cheri Boudreaux Fitzgerald, AICP :MFO Supervisor St. Lucie :MFO 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 /1<');., c 2, d .~. ~ .~ . :1/ ........} RE: Fin. Proj. No.: 411385-1-14-01 Contract: AK950 County: St. Lucie Joint Participation Agreement Section 5303 Grant '~" -... . Dear Ms. Fitzgerald: Enclosed is one (1) fully executed copy of the Joint Participation agreement (JPA) for the above-mentioned project, dated November 28, 2001. 'Please keep this office advised of progress on this job as required by the JP A If you have any questions, please call me. Sincerely, MOMM Cq~L Marcin Gadek Mobility Coordinator Office of Modal Development Enclosures cc: Jeff Weidner, FDOT www.dot.state.fl.us ø RECYCLED PAPER ., " '-' STATE OF FlORIDA DEPAFmÆNT OF TRANSPORTATION PUBUC TRANSPORTATION JOINT PARTICIPATION AGREEMENT ...." FORM 725-O:Jo.œ PUBLIC TRANsP ADMIN _ 07!O1 Page 1 ot 12 Financial Project No.: Fund: 010 FLAIR Approp.: 088774 411385-11401 Function: 215 FLAIR Obj.: 790004 (rt~ment-phase-sequence) Org. Code: 55042010429 Contract No.: AK950 Federal No.: FL-80-X011 Vendor No.: VF-596000835011 Catalog of Federal Domestic Assistance Number: 20.505 Catalog of State Financial Assistance Number: - THIS AGREEMENT, made and entered into this 2ßtJ...a day of "-bve~ev 2001 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie Metropolitan Planning Organization 2300 Virginia Avenue, Fl Pierce, FL 34982 hereinafter referred to as Agency. WITNESSETH: 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 S)'$tem and is authorized under 341 Florida Statutes, to enter into this Agreement. --- NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide Departmental assistance to the St. Lucie Metropolitan Planning Organization for the undertaking of technical studies to implement specific items of the St. Lucie MPO Unified Planning Work Program, and as further described in Exhibit(s) A, 8, and 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 Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the prajee:t will be undertaken and completed: '-' ...., FORM 72S.œo-œ PUBUC TRANSP ADMIN _ 07101 "-90 2 0112 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof; With all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, 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 carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessåry 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 ¡¡ part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 75,236.00 . This amount is based upon the estimate summarized in Exhibit "S" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amõûnt of$ .. 67,713.00 . .. as detailed in Exhibit "S", or in an arhount equal to the percentage(s) of total project cost shown in Exhibit "S", whichever is less. '-.- ,,4 :.~ :.: ri~':~~~~~~~;P;P"";;"...;~,~~-::;=:-=:'.'~:7:r~-.7-;:-:-::- ::-:7.. _~~ti·.::..:~ -:->._:~;~.: .~:,' _ 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 Departmenfs appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding 0 is @ is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage 0 is @ is not applicable. If applicable, percent of the Departmenfs total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Departmenrs discretion, on or before the completion of the final project audit. .'.' '-' """" FORM 7'25oœO-Oe PUBLIC TRANSP ADMIN _ D7,u1 Poge3c112 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, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. 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. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project accounr. 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 isa member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans,or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered erlQible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services conbibuted 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 addition 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 of three years from the date the audit report is issued, and shall allow the Department access to such records and workJng 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. '-' 'wi R:JRM 72SCJO.œ PIJBUC TRANSP ADMIN - 07101 Po;e 4 al12 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 of OMB Circular A-133. Federal awards are to be identified usingJhe 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 OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. 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. Pursuantto 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 audit reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 . ~., ;r'........_~_.,_ 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 determining the State awerds expended in its fiscal 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 A$sistance (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 accodance 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, Florida Statutes, and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 574, 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 internal 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 tak.e timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. '-" .-..,.1 FORM~ F'UBUC TRA/oISp ADMIN _ 07/01 Page 5 of 12 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. - In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit ·C·. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office Fl Lauderdale , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. ·8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida StaMes. 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 Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished 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 Agreemenl 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. '-' ~ FORM 72SoC3Oœ PU8UC l'RANSP ADMIN . 07101 I'ogeSd12 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 for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. . 8.40 Payment Offset: If, atter project completion, any claim is måde 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 se:-nces done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. . 9.00 Tennination or Suspension of Project: 9.10 Tennination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Tennination or Suspension. Upon receipt of any final termìnation or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may Include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) fumish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of thefi,nancing and any advance payment previously received as is determined by the Department to be due ùnder-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 furnish 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 atter payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; andío 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. '-" .., FORM J25.03O.œ PU6UC TRANSP ADMIN. 07101 ~70112 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 Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterpñse (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 perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restñctions, 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 fôllöWirig:'- Emplöymentöpgrading, demotiòn, or'transfer; recruitment or recrultnient advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the fQ(egoing 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: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of lransportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VlII- 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 Ameñcans 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. '-" -...I FORM 72$œO.08 PUBUC TRANSP ACMIN . 07001 Poge a cf 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' containec in this subsection: Provided that any such present member, officer or employee shall not participate in any action by the Agency rèlating to such co~tract, 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, OT to any agreement for utility services the rates for which are ~ed 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: Exeèution 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 incurred in connection therewith. 14.20 Department 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 paymentto 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 hereUnder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to o.bselVe 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. '-" """ FORM~ PUBUC TRANSP ADIMH. 07101 Page II 0112 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided In this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: . .-. ~ .--. ..,. .-.,., -'-'- ....... (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscalyear;- Any contract; verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a),'Florida Statutes. (b) It is unlawful for the 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 within fourteen (14) working days and will jointly discuss options in defending the claim. '-'" '-' FORM 1'25-0:3041 PUBUC TRANSP ADMIN . 07.<)1 Page 10 at 12 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of th& project and comments or recommendations concerning 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. 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-YearCommitment: 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 contract or other binding commitment of funds_ Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." -_~~~~.~~o.~____ -. 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before December 30, 2004 . 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 Qf 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: .' '-' """ FORM~ PUBUC TRANSP ADMIN. 07101 Poge 110112 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. -. _ If any funds other than federal appropriated funds have been paid by the 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 Fonn-lLL, "Disclosure Fonn to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers Qncluding subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 ttate: No funds received pursuant to this contract may be expended for lobbying the. Legislature or a state agency. 22.00 Vendors Rights: Vendors Qn 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 live (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 selVices, 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 aftèr a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department A Vendor Ombudsman has been established within the Department of Bànking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems,in obtaining timely payment(s) from the Department The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Publk Entity Cñme: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement 287.133(2)(a)"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any pubrlC 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 selVices to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. '-" .....I FORM ~ PUBliC TRANsP ADMIN 07100 Page 12 Œ 12 . . Financial Project No. Contract No. Agreement Date 411385-11401 ~~ìP1î 200] IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. . ST. LUCIE MPO BY: TITLE: .~~ ~ ~J\j ATTEST: TITLE: Se.r~ 0" APPiDVED A8 TO FORM AID ~.ESg: ~~ ~cauprrY A OPNfY STATE OF FLORIDA COUNTY OF ST. LUCIE Swo~o and subscribed before me this 7 ' dayof,U" 11 ~ """,l:7c. A.... ;:\..Dð I by , who signed with a mark in the presence of these witnesses: '~ FOOT See attached Encumbrance Form for date of Funding Ap. proval by Comptroller . . / , 0 C T 1 0 2001¡t'11) ATTEST: @ RECYCLED PAPER '-' "" FIN. PROJ. NO. WPINO. JOB NO. CONTRACT NO. 411385-1-14-01 N/A N/A AK.950 EXHIBIT "A" PROJECf DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department ofTransBorta~QIl and St. Lucie Metropolitan PlaIming Organization dated NO V 2 8 zuu1 . PROJECT LOCATION: St. Lucie County, Florida PROJECT DESCRIPTION: The purpose of this Agreement is to provide Departmental assistance to the St. Lucie Metropolitan Planning Organization for the undertaking of technical studies to implement specific items of the F.Y. 2001-2002 St. Lucie MPO Unified Planning Work Program. 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, PM 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. Quarterly progress reports, by task, to be submitted to the Department. Copies of all reports and technical memorandums for UPWP tasks funded by this JP A have to be submitted to the Department. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A '-' ""'" FIN. PROT. NO. 411385-1-14-01 CONTRACT NO. AK950 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 Metropolitan Planning Organization dated N 0 V 2 8 2001 '.-,':'- ".. "'. .. ,-,'-~- ,. ~ 1. PROJECT COST: $ 75,236.00 Costs related to the implementation of the Task 3.5: Public Transportation Planning of the Unified . Planning Work Program. TOTAL PROJECT COST: $ 75,236.00 II. PARTICIPATION:- "~~~'-~- ., Agency Participation ---- - -- Cash ".- Other/In-kind (10 %) ( %) $ 7,523.00 $ ~.--.,",-.,~ ------ '.- - Maximum Department Participation, Primary (DS)(DDR)(DIM)(pORT) (10 Federal Reimbursable (DU)(FRA)(DFrA)(80 Local Reimbursable (DL) ( %) or $ 7,523.00 %) or $ 60,190.00 %) or $ TOTAL PROJECT COST $ 75,236.00 '-' ..., FIN. PROT. NO. 411385-1-14-01 CONTRACT NO. AK 950 EXHIBIT "C" (Metropolitan Planning Program formerly Section 8) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of1;rWJ}ortation and St Lucie Metropolitan Planning Organization dated NO V 2 ö ZUUl . This Agreement is in conformance with Section 8 of the Federal Transit Act (49 USC 5303) and Chapter 341 Florida Statutes. The Metropolitan Planning Organization (MPO) shall ensure adherence to the various Federal requirements documented in FTA (formerly UMTA) Circular 8100.1B, including Title VI of the Civil Rights Act of 1964, Disadvantaged Business Enterprise requirements, and the Americans with Disabilities Act of 1990, and all other federally . _, _ ,required ç~~ati~llS and assurances mad~ in i~_ application to the Department for Section 8 (49 USC 5303) funds. The MPO shall adhere to all applicable pl:¡nning requirements established and set forth by the U.S. Department of Transportation, including development and timely submission of its Transportation Improvement Program (TIP) and annuaI/biennial element and Unified Planning Work Program (upWP). The MPO shall comply with any special conditions imposed by the Federal Transit Administration (FTA) as a condition of grant approvaL Costs incurred prior to execution of this agreement can not be charged to the grant Costs incurred by the MPO to prepare and file an application are not eligible project costs. '-" -...I RESOLUTION OF TIlE ST. LUCIE METROPOLITAN PLANNING ORGANIZATION RESOLUTION NO. 01-05 A RESOLUTION AUTHORlZING TIlE EXECUTION OF AN AGREEMENT WITH TIlE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND TIlE DEPARThŒNT OF TR.A1\fSPORTATION, UNITED STATES OF A.J\ŒR1CA(USD01), FORAGR.AJ.'ITUNDER TIlE URBAN tv1ASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, this body is the designatèd Metropolitan Planning Organization for urban transportation planning for St. Lucie County, Florida; and WHEREAS, the USDOT Joint Planning Regulations and State statutes require the annual preparation of a Unified Planning Work Program (upWP) for urban transportation planning as a prerequisite for certification of the transportation planning process and as a condition of Federal Financial Assistance; and WHEREAS, the MFO has prepared a UPWP and has submitted same to the FDOT as a basis for planning assistance grants; and WHEREAS, the Secretary of Transportation is authorized to make grants for mass transit projects; and WHEREAS, the contract for fmancial assistance will impose certain obligations upon the applicant, including the provision by it of the local project costs; and WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the fùing of an application for assistance under the Urban Mass Transportation Administration Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and other pertinent directives and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise (disadvantaged business enterprise and women business enterprises) be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts and purchase orders when procuring construction contracts, supplies, equipment contracts, or consultant and other services; and WHEREAS, the Florida Department of Transportation (FOO1) has been requested to provide financial participation in the match of this FTA grant in the amount of one-half the total match; and WHEREAS, the PDOT has indicated its willingness to provide this aDlount of match subject to the execution of the necessary Joint Participation Agreement NOW, THEREFORE, BE IT RESOLVED by the St Lucie Metropolitan Planning Organization (MPO), in and for the St. Lucie County Urbanized Area: Section 1: That the MFO Chair is authorized to enter into a State of Florida Department of Transportation Public Transportation Joint Participation Agreement (Fin. Project No. 411385-11401) on behalf of the St Lucie Metropolitan Planning Organization, to aid in the fmancing of transit/transportation disadvantaged planning and updating and implementing the Transit Development Plan and other tasks to implement specific items of the St. Lucie MFO Unified Planning Work Program. Section 2: That the MFO hereby approves the above referenced Joint Participation Agreement with the State of Florida Department of Transportation and authorizes the MPO Chair to execute the Agreement. ·' '-' .....J Page 1 of2 Section 3: That the MFO hereby authorizes the MPO chair to sign any and all assurances, certifications, and other documents which may be required in connection with the Agreement. Section 4: That the MFO hereby authorizes the MFO Supervisor to sign any and all reimbursement invoices which may be required in connection with the Joint Participation Agreement. Section 5; That the MFO resolves to set forth and execute minority business enterprise (disadvantaged enterprise business and women enterprise) policies and procedures in connection with the projects procurement needs. Section 6: That the MFO Chair is authorized to execute the necessary Joint Participation Agreements on behalf of the St. Lucie MFO with the Florida Department of Transporration to aid in the matching of the ITA funded portions of the S1. Lucie MFO Unified Planning Work Program. This Resolution dated and adopted the 4110 day of October 2001. By; STATEOFFLORIDA COUNTY OF ST. LUCIE Sworn to and subscribed before me this 7t:.'" dayofÁ.J"ùc.""bef1.... 'J..ð 0 I by who signed with a mark in the presence of these witnesses: Chairpers St. Lucie Men-opolitan Planning Organization Attest: ~~.wL~ \.I~:" s. WICHNOSKI . :.: My c..mm Exp. 12f1312OO2 .. No. CC 796802 ¡""'.....Iy - tJ oew 1.0. ~~AA_ Witness _._--,- Approved as to Legal Fonn and Correctness: .~ ~ #_ AsSlStant unty Attorney \SEC3.::oo 1.02.. EXE.R.ES Page 2 of2 i \.F '-' STATe OF FLORIDA De~ARTMENT OF TRANS~ORTATION FORM 350-020-01 ENCUMBRANCE IN~UT FORM COM~TROLLER-FIN ADMIN 3/99 RUSH (Needed by __/__/____ (date)) Rea30n for RUSH : Adverti3e Award ___ .LOA X New Addition (Letting Date) Supplemental Court Order Termination/Cert of Comp Renewal Correction OVerrun Contract t _AK950___ Contract Type AH Method of ~rocUIement _G__ Vendor Name __ST._LUCIe_MPO_ Vendor ID VF-596000835011 Ha3 Written/Verbal Approval from a ~articipating Federal Agency been received _X__ Ye3 No Fed Agrot Amt_$60,190.00_ State Fund3_$7,523.00_ Local Fund3_$7,523.00_ Beginning date of thi3 Agrot: 10/10/01(Mu3t be after fund àpproval) Ending date of thi3 Agrot: 06/30/06(E3timate if nece33ary) Execution date of thi3 Agrot: 10/10/01 (Only on original agreement3) Ha3 work been authorized to begin? ___ Ye3 _X__ No Have 3tandard financial provi3ion3 been altered by contract terms? ___Ye3 _X_ No If 30, 3how Revi3ion date: Doe3 thi3 agreement and/or change order include provi3ion3 for reimbur3ement to D.O.T. from other entitie3? _X_ Ye3 No *****************...*********************************************. Brief De3cription of Work/Comment3: TO ~ROVIDE FUNDING TO THE MPO TO IMPLEMENT TASKS IN TIlE UPWP. SEC. 8/5303. CFDA 20.505. RECIPNT TYPE C **************************************.*************************** ORG-CODE ·EO · OBJECT . AMOUNT (FISCAL YEAR) ·FIN PROJ or JOB t ·FCT (FUND) alpha .---~_a~a~___=--_~=_=____==__=2==a_=___=______~=_--=~-==*_ 55 042010429 ·PT · 790004 · $__$60,190.00_ . 41138511401 (01/02) (DU) *215 ------------------------------------------------------------------ 55 042010429 *PT * 790004 * $__$7,523.00__ . 41138511401 (01/02) (DS) *215 ------------------------------------------------------------------ 55 xxxxxxxxx *xx * xxxxxx * $ (xx/xx) * xxxxxxxxxxx (xxxx) ·xxx ------------------------------------------------------------------ TOTAL AMOUNT · $__$67,713.00 . ------------------------------------------------------------------ Oriqinator:_MARCIN_GADEK_ DATE SENT:_10/08/01__ PH/SC:_436-2288_ E-mail USERID(3) PT429MG/PM448CD *.*.***.*...***.;;;*.**.**.*.**.******...*.*********************** TO BE COMPLETED BY OFFICE OF COMPTROLLER ********.*********.*************.**************.****************** BUDGET ENTITY 55100300 CATEGORY _088774 WORK ~ROGRAM VERIFICATION OK ALLOTMENT YEAR _02_ DATE CHECKED _10/10/2001 CI _04/NEW 6S LINE 0001_ _0002_ FUNDS AP~ROVED BY C B SMITH FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: _10/10/2001 +*+********.*.*******************,******************************** ~ .,¡ c¿A- January 4, 2002 Consulting Engineers . Land Surveyor~ 2980 South 25th Street· Ft. Pierce, FL 34981 (561) 464-3537 . Fax (561) 464-949ï www.ct-eng.corr Sender's Email: btemè'nin~'Û'C{~em!:.(,:t1m Job 01-51 VIA: HAND DELIVER Commissioner Doug Coward St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: North Fork Acquisition Dear Commissioner Coward: I appreciate the opportunity to have met with you and Dan McIntyre, Esq. regarding the acquisition of the 12-acre island in the North Fork of the St. Lucie River. I'd like to take this opportunity to summarize our offer for the acquisition of the island in exchange for relocation of the gopher tortoises from the Seaside project to an acceptable area of the Bluetìeld Ranch. It is our understanding that the purchase agreement \\-ith Atlantic Gulf Corporation (AGC) is time- sensitive, and will not allow us the benefit to successfully determine a specific site on the County's property. In light of this, we are willing to advance, at our risk, the funds necessary for closing so that the County can take ownership of the island. It is our further understanding that there are no guarantees as to the acceptability of receiving the property, and the relocation is subject to all state and federal permits as required for the relocation of gopher tortoises. If this proposal meets with your acceptance, we are prepared to make funds available immediately given the January 8, 2002, deadline that the County iffacing. We thank you for your time and consideration regarding these issues,. Sincerely, CULPEPPER & TERPENING, INC. lTP:pw cc: Dan McIntyre, Esq. P:\Proj.:!OO!\O I-51 Seaside Dc·..elopers\corr\Jtrs\OI51.16.doc ~/ '-" '-' AGENDA REQUEST ITEM NO. c- <8A DATE: January 8, 2002 REGULAR ( ] PUBLIC HEARING ( ] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Treasure Cove/Ocean Harbour South MSBU Public Utility Easements for Potable Water Facilities Ingravallo - Tax I.D. 1423-601-0002-000/1 - Resolution No. 02-11 Kodsi - Tax I.D. 1423-130-0001-000/9 and 1423-130-0002-000/6 - Resolution No. 02-12 Kodsi - Tax I.D. 1423-130-0003-000/3, 1423-130-0004-000/0, 1423-130-0006-000/4, 1423-130-0007-000/1 and 1423-130-0009-000/5 - Resolution No. 02-13 Langer - Tax I.D. 1423-120-0025-000/2 and 1423-130-0005-000/7 - Resolution No. 02-14 Ocean Harbour South Condominium Owner's Association - No Tax I.D. - Resolution No. 02-15 Ocean Harbour Villas Owners Association - Tax I.D. 1423-120-0012-000/8 - Resolution No. 02-16 Shriners Hospitals -Tax I.D. 1423-130-0008-000/8 - Resolution No. 02-17 Tabor -Tax I.D. 1423-120-0026-000/9 - Resolution No. 02-18 Treasure Cove Dunes Condominium Association - No Tax I.D. - Resolution No. 02-19 BACKGROUND: The property owners of the Treasure Cove Dunes Condominium, Ocean Harbour South and Ocean Harbour Villas, along with private land owners petitioned St. Lucie County to establish a Municipal Service Benefit Unit (M.S.B.U.), for the purpose of St. Lucie County Utilities providing wastewater improvements to their properties. The petition received represents sixty-one (61':'0) percent in support of the project. Presently, the condominiums are operating individual wastewater package plants. One plant is currently under violation with DEP and the others need to be reconditioned. In accordance with the requirements of the Indian River Lagoon Act, existing package plants located along the Indian River are sources of potential pollution and must connect to a regional wastewater treatment facility as soon as one becomes available. Property owners were requested to donate the Public Utility Easements for Potable Water Facilities to keep the project costs as low as possible. FUNDS AVAIL.: N/A PREVIOUS ACTION: January 27, 1998 - Board accepted the MSBU Petition and granted permission to advertise the Initial Public Hearing. February 24, 1998 - Initial Public Hearing held. Board created MSBU and authorized County Engineer to proceed with project. '-'/ '-' '-' January 8, 2002 Agenda Request Item No. C-12 PREVIOUS ACTION: September 4, 2001 - Board granted permission to advertise the Second Public Hearing. October 2, 2001 - Board adopted Resolution No. 01-215 approving the preliminary assessment roll and authorizing the County Engineer to proceed with construction of the project. RECOMMENDATION: Staff recommends that the Board accept the Public Utility Easements for Potable Water Facilities, authorize the Chairman to sign Resolution Nos. 02-11,02-12, -2-13, 02-14,02-15,02-16,02-17,02-18 and 02-19 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [~ OTHER: Pulled prior to meeting. [XX] County Attorney: (lJ/ Review and Approvals [XX] Public Works: -#v , [XX] MSBU: ~ [XX] Utilities Director: ] Purchasing: G:\ACQ\ WP\YVONNE\MSBU\ TREASURE\Agenda O10802.wpd ,/ '-' , , \ E>.$OOOIT \ \ \ \ \ I . ~ \ oÇ!:.AN IWUIO¡l \ VIl.1.J.S í. ' pMCIQ. C!:*1JG. NG. f"':. \~ @~ -\\. .."" ..,,,,",,,,, ~ / ~ ~ ~1a"'~ ~.... ~~~I:': ... ~ KlZIAÞS (S ttL:.!CE C:DJtrfTT 0-0007-0~/~ 0,99 A,\ . /\ \ \ ~ ~ ~ ~ ~ !IJ'':''''LDI(~ ~YLO" (120-0026-000/9) 8J (130-0002-000/6) ®V .... o () ~ ~, G-/ (130-0004-000/0) (130-0008-000/8) @/ \D -= TOT AL - 5.6 Ac. Œ}' \ , \ \ \ Ar:. \ \ \ ~ - 3,6 Ac 130-0017-000/4JLAND _ GALILEE 2,07 Ac (130-0016 -000/7 J ~-- , , \ '-' """" RESOLUTION NO. 02-11 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES is duly accepted on behalf of St. Lucie County this 8 th .r ANUARY. 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND COR ECTNESS: BY: INGRAVALLO G: \ACQ\ WPWVONNE\MSBU\ TREASURE\Resolution 02-11 . wpd 000 o¡:-o . . . 000 .¡,;õf:oõoM a. e ::::¡ (1)><>< (l)rr:ltt:I a:: I- I- UU...... 00:= 00...... ........ ... '-' '-' Please return to: CH BX 76 This instrument prepared by: Treasure Coast Abstract & Title Insurance Co. 40 I So. Indian River Dr. FtPierce, FL 34950 Brenda 1. Bidle DeWitt/File no. 00-5278 Project: Treasure Cove/Ocean Harbor South MSBU Utility easement acquistion Parcel ID no. 1423-601-0002-000/1 (part) PUBLIC UTILITY EAEMENT FOR POTABLE WATER FACILITIES THIS EASEMENT, made this '( day of ~2001, by MICHAEL INGRA VALLO and MARIE INGRA VALLO, his wife, individually and as Co-Trustees of the Joint Revocable Trust Agreement dated March 30, 1993 whose address is 2200 Silver Sands Ct., Vero Beach, FL 32963, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, 2300 Virginia Ave., FtPierce, FL 34982, hereinafter referred to as GRANTEE. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration of the sum of Ten Dollars ($10.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY, a political subdivision of the State of Florida, for the use and benefit of ST. LUCIE COUNTY, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a potable water line and fire hydrants in, under, over, and across the following described land in St. Lucie County, Florida, being more particularly described on Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land as far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of any of the above mentioned utilities or improvements. Grantor hereby agrees that no further improvements shall be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so as to prevent the access to, and maintenance of, the utility lines or equipment by the Grantee, its agents, employees, contractors or assigns. ;::0 .,., <-< CD ~·o n .....:D DCDz -, Z 0.. Z ITl CDC 0..3:r: ..D'c:::¡ OCD ï -0-,3: -.......::1> I-' :z I-' - -..... I-' 0...00 I-' 01 ï ,p-. rr1 r·.,J ;::0 I-' ...0::><: o,p-. .. 0 r-..JO.,., 01 ;::0 -I t:C :r: o ITl o :><: 0 ...... I-' ;::0 ,p-.o ~. c:: r-..J...... -I "T.:I :D 0 Cilo ITl c:: :;:0 I-' -I*CD 01 I ~. e:,:¡ :D ...... Z -I ï c: o ...... rr1 o o c:: Z -I -< '-' ..."J page 2 Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility lines and equipment. Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair, replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employee of Grantee while acting within the scope of his or her office or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. IN WITNESS '¥t£ÉPOF, the undersigned Grantor has hereunto set their hand and seal this ~ day of~t, 2001. Signed, sealed and delivered in the presence of: Grantor~ ], t MICHAEL INGRA VA 0 i( ?~e~~~ MARIE INGRA VALLO o ;;0 to o a "" ('" Çv'1fJlIlM o&ðP~ wItness print name . BREND,U SIDLE DEWITT ~1",/~ wit ss print name' JACQUELYN BREWER ...... .p. 0J 1'.,) -0 ::D ü.J m .... co U'1 .þ. STATE OF FLORIDA COUNTY OF ~,L-W¿ ,5..qp .f-' On this ~ day of Attgttst, 2001, Michael Ingravallo and Marie Ingravallo, his wife, individually and as Co-Trustees of the Joint Revocable Trust Agreement dated March 30, 1993, personally appear before me, who is personally known to me, or who produced Rcl é~t.¿~ llC<t~ as identification and who did (not) take an oath. &cn d (L ~&(A [JQ,kÇuVJ.Þt- NOTARY PUBLIC Print name !3RENuA.J. [-<IDLE DFilll" Com ( seal) BRENDA J. BIDLE DE WITT MY COMMISSION #CC 991416 EXPIRES: May 1, 2005 BQnded TIw Notlf)' PubHc Underwrite,. '-' ..."./ RESOLUTION NO. 02-12 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES is duly accepted on behalf of St. Lucie County this 8 th JANUARY, 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: Jøl BY: KODSI (2 PARCELS) G: \ACQ\WP\ YVONNE\MSBU\TREASURE\Resolution 02-12. wpd JOANNE HOLMAN, CLERK OF THE CIRCUIT COU~ SAINT LUCIE COUNTY File Number: 1965190 OR BOOK 1443 PAGE 1782 Recorded:10/10/01 15:37 Please return to: CH BX 76 * Doc Assurnp: $ 0.00 This instrument prepared by: * Doc Tax : $ 0.70 Treasure Coast Abstract & TitlleIl!ilsufiÏìXce 0:>.$ 0.00 40 I So. Indian River Dr. Ft.Pierce, FL 34950 Brenda 1. Bidle DeWitt/File no. 00-5275 '-' Project: Treasure Cove/Ocean Harbor South MSBU Utility easement acquisition Parcel ID no. 1423-130-000l-000/9 and 1423-130-0002-000/6 (part) PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES OCTOBER THIS EASEMENT, made this 1ST day ofbp¡t. 2001, by MAURICE KODSI, individually and as Trustee, whose address is P.O.Box 320637, Cocoa Beach, FL 32932-0637, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, 2300 Virginia Ave., Ft.Pierce, FL 34982, hereinafter referred to as GRANTEE. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration of the sum ofTen Dollars ($10.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY, a political subdivision of the State of Florida, for the use and benefit of ST. LUCIE COUNTY, the privilege and easement for the instaIlation, maintenance, operation, repair, replacement or renewal of a potable water line and fire hydrants in, under, over, and across the foIlowing described land in St. Lucie County, Florida, being more particularly described on Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land as far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of any of the above mentioned utilities or improvements. Grantor hereby agrees that no further improvements shall be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so as to prevent the access to, and maintenance of, the utility lines or equipment by the Grantee, its agents, employees, contractors or assigns. '-" 'WI OR BOOK 1443 PAGE 1783 page 2 Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility lines and equipment. Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair, replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employee of Grantee while acting within the scope of his or her office or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. The undersigned hereby covenant and warrant that he owns the said land and has the right to grant this easement. TN WITNESS WHEREOF, the undersigned Grantor has hereunto set his hand and seal this 1ST day of~~, 2001. ---- OCTOBER Signed, sealed and delivered in the ~ witness print name L/ IJ D A G ¡¿, Df;, Grantor: ly .---c>- -' witness print name ~ ~~.LI }:::ó..ø;' STATE OF FLORIDA COUNTY OF BREVARD OCTOBER On this l.S..T.....- day 0~200l, Maurice Kodsi, individually and as Trustee, personally appeared before me, .who is personally known to me, or who produced as identification and who did (not) take an oath. ~ 'Ô.r20'ìd9 ¡£l ,I¿~ NOTARY PUBLIC Print name t)('erv:;!Q A. \-<ì r:J Commission expires: (seal) ..\.I"~'~'II# ~'~œ'~~" BRENDA A. KING ~. . i ,",olary Public· State 01 Flerida ~~ ~¡ ~, Commís&oo Expme Jun 22. 2005 "'ff,,'{f,r$' CgmmJugn _ DDO 13784 '-' -...I RESOLUTION NO. 02-13 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES is duly accepted on behalf of St. Lucie County this 8 th JANUARY, 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: KODSI (5 PARCELS) G: \ACQ\WP\ YVONNE\MSBU\ TREASURE\Resolution 02-13. wpd '-" ~9ANNE HOLMAN, CLERK OF THE CIRCIITT COU.......,t SAINT LUCIE COUNTY rile Number: 1947325 OR BOOK 1~ PAGE-'17 Recorded:08/22/01 12:24 Please return to: CH BX 76 This instrument prepared by: Treasure Coast Abstract & Title Insurance Co. 40 1 So. Indian River Dr. Ft.Pierce, FL 34950 Brenda 1. Bidle DeWitt/File no. 00-5276 Project: Treasure Cove/Ocean Harbor South MSBU Utility easement acquisition Parcel ID no. 1423-130-0003-000/3, 1423-130-0004-000/0, 1423-130-0006-000/4,1423-130-0007-000/1 and l423-130-0009-000/5 (part) PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES THIS EASEMENT, made this \o~ day of August, 2001, by MAURICE KODSI, individually and as Trustee, whose address is P.O.Box 320637, Cocoa Beach, FL 32932-0637, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, 2300 Virginia Ave., Ft.Pierce, FL 34982, hereinafter referred to as GRANTEE. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration of the sum of Ten Dollars ($10.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY, a political subdivision of the State of Florida, for the use and benefit of ST. LUCIE COUNTY, the privilege· and easement for the installation, maintenance, operation, repair, replacement or renewal of a potable water line and fire hydrants in, under, over, and across the following described land in St. Lucie County, Florida, being more particularly described on Exhibit "A" attached hereto and made a part hereof. TO HA VE AND TO HOLD the same unto the Grantee, its successors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land as far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement orrenewal of any of the above mentioned utilities or improvements. Grantor hereby agrees that no further improvements shall be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so as to prevent the access to, and maintenance of, the utility lines or equipment by the Grantee, its agents, employees, contractors or assigns. '* * '* 1-"'::;10 =00 """(')0 -I -I :D Q,lp,¡to x "" r.n ,;:: =:: 'U 'fH;;;.(;'J. OOCJ o.....:¡a oc'o """ '....I OR BOOK 1426 PAGE 918 page 2 Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility lines and equipment. Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold hannless Grantor from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair, replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employee of Grantee while acting within the scope of his or her ofíìce or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. The undersigned hereby covenant and warrant that he owns the said land and has the right to grant this easement. IN WITNESS WHEREOF, the undersigned Grantor has hereunto set his hand and seal this \Ó-th day of August, 2001. Signed, sealed and delivered in the presence of: ~~~ . , wltness - print name L, ðJ D/t. G!2-0D6 ~ fl· \&ri witness print name \?rr0\dD P.\¿;(\~ STATE OF FLORIDA COUNTY OF bíê...\)p..KD On this \ Ó';1o, day of August, 200 I, Maurice Kodsi, individually and as Trustee, personally appeared before me, who is DersonaJly known to me, or who produced as identification and who did (not) take an oath. - ~mrÁo ¡,q. ~.~ NOTARY PUßLIC Print name \Ó~I\da. µ t: ~ Commission expires: (seal) ....~..I~.';."" l'1,œ..!! ~\ BRENDA A. KINO ~. ,¡ ~oæry Public· Stale af Flanda "~;1. r;g? ..>/ CðmmíMi:>n E~ Jun 22. 200' · ',,'If.I~'''·· Commi,.íon' DD01~714 '-" '....I RESOLUTION NO. 02-14 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT REsOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES is duly accepted on behalf of St. Lucie County this 8 th JANUARY, 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: LANGER (2 PARCELS) G: \ACQ\ WP\ YVONNE\MSBU\ TREASURE\Ruolution 02-14.wpd JQANNE HOLMAN, CLERK OF THE CIRCUIT cour - SAINT LUCIE COUNTY FIle Number: 1947324 OR BOOK 1/ F'AGE-.....t1 Recorded:08/22/01 12:24 * Doc Assump: $ 0.00 Please return to: CH BX 76 * Doc Tax : $ 0.70 This instrument prepared by: * In t T dX : $ 0.00 Treasure Coast Abstract & Title Insurance Co. 40 I So. Indian River Dr. FtPierce, FL 34950 Brenda 1. Bidle DeWitt/File no. 00-5273 '-' Project: Treasure Cove/Ocean Harbor South MSBU Utility easement acquisition Parcel ID no. 1423-l20-0025-000/2 and 1423-130-0005-000/7 (part) PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES THIS EASEMENT, made this \l..\ ~ day of August, 2001, by E. ALBERT LANGER and ELIZABETH M. LANGER, his wife, whose address is 6300 Rue De Lac, West Bloomfield, MI 48323-3523, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, 2300 Virginia Ave., FtPierce, FL 34982, hereinafter referred to as GRANTEE. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration of the sum ofTen Dollars ($10.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY, a political subdivision of the State of Florida, for the use and benefit of ST. LUCIE COUNTY, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a potable water line and fire hydrants in, under, over, and across the following described land in S1. Lucie County, Florida, being more particularly described on Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land as far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of any of the above mentioned utilities or improvements. Grantor hereby agrees that no further improvements shall be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so as to prevent the access to, and maintenance of, the utility lines or equipment by the Grantee, its agents, employees, contractors or assigns. '-' 'wi OR BOOK 1426 PAGE 912 page 2 Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility lines and equipment. Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair, replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employee of Grantee while acting within the scope of his or her office or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. IN WITNESS WHEREOF, the undersigned Grantor has hereunto set their hand and seal this \ l.\ \t¡ day of August, 2001. On this ~ day of August, 200 I, E. Albert Langer and Elizabeth M. Langer, his wife, personally appeared before me, who is personally known to me, or who produced as identification a who did (not) take an oath. :s> Signed, sealed and delivered in the @"~~ . '-' wItness \ , . , print name \.....:, !\.'ID~ ~. W·,\l.oe...\:Ic. \0 .....~'100. .F j '~~a¿,- wItness print name "tc::",Y-,e\,u,P.uXIiI....;J STATE OF MICHIGAN COUNTY OF (') ~ ~\.p.,')b Commission expires: (seal) \·~~·ö~ ,': 'r,/ .J. " , / ~ , ...~",;.; c'Ç '. ' , , <I '. J', . ~.' <. L:, .., \" ,; 1...., ¡ r \~, \, ; \-/ ':_J .~ . . '-' ....J RESOLUTION NO. 02-15 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR POTABl.E WATER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOl. VED by the Board of County Commissioners of St. l.ucie County, Florida, that: The foregoing PUBLIC UTILITY EASEMENT FOR POTABl.E WATER FACILITIES is duly accepted on behalf of St. l.ucie County this 8 th JANUARY, 2002. BOARD OF COUNTY COMMISSIONERS ST. l.UCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: iJ BY: OCEAN HARBOUR SOUTH CONDOMINIUM OWNER'S ASSOCIATION G: \ACQ\ WP\ YVONNE\MSBU\ TREASURE\Resolution 02 -15. wpd """. JOANNE HOl.MAN, CLERK OF THE CIRCUIT COUJ SAINT LUCIE COUNTY File Number: . 1959948 OR BOOK 1438 PAGE 4 Recorded:09/25/01 11:39 Please return to: CH BX 76 This instrument prepared by: Treasure Coast Abstract & Titk ~~ò. $ 0.00 401 So. Indian River Dr. * Doc Tax : $ 0.70 Ft.Pierce, FL 34950 * In t Tax : $ 0.00 Brenda J. Bidle DeWittlFile no. 01-5498 Project: Treasure Cove/Ocean Harbor South MSBU Utility easement acquisition Parcel ID no. -No tax ID# assigned by property appraiser PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES THIS EASEMENT, made this ~" day of August, 2001, by OCEAN HARBOR SOUTH CONDOMINIUM OWNER'S ASSOCIATION, INC., a Florida corporation whose address is 28 No. Causeway Rd., Suite 3, Ft.Pierce, FL 34946, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a poHtical subdivision of the State of Florida, 2300 Virginia Ave., Ft.Pierce, FL 34982, hereinafter referred to as GRANTEE. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration of the sum ofTen Dollars ($10.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY, a political subdivision of the State of Florida, for the use and benefit of ST, LUCIE COUNTY, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a potable water line and fire hydrants in, under, over, and across the following described land in St. Lucie County, Florida, being more particularly described on Ex-Wbit "A" attached hereto and made a part hereof. TO HA VE AND TO HOLD the same unto the Grantee, its successors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land as far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of any of the above mentioned utilities or improvements. Grantor hereby agrees that no further improvements shan be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so as to prevent the access to, and maintenance of, the utility lines or equipment by the Grantee, its agents, employees, contractors or assigns. THIS EASEMENT IS BEING CONVEYED BY GRANTOR UNDER THREAT OF CONDEMNATION BY GRANTEE FOR USE IN THE INSTALLATION OF NEEDED UTILITY SERVICE FACILITIES. '-' ....; OR BOOK 1438 PAGE 5 page 2 Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility Hnes and equipment. Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation. repair, replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employee of Grantee while acting within the scope of his or her office or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance wjth tbe general laws of the State of Florida. The undersigned hereby covenant and waIT ant that they own the said land and have the right to grant this easement. IN WITNESS WHEREOF, the undersigned Grantor has hereunto set their hand and seal this ~ day of August, 2001. Signed, sealed and delivered in the .""GO f ~~ 'i~te~:me \J ft ~btx:fts ~..> E.. . R~-Hx.b·.,L/ witness Prl¡¡t name t;UJ:-~) E. . tóP:o[I-TS Grantor: OCEAN HARBOR SOUTH CONDOMINIUM OWNER'S ASSOCIATION, INC. BY: ¡f~4I¡f{. L~q~~ Ronald Winkelmann, President STATE OF FLO~D\A . COUNTYOF~1 J-v~ Commission expires: (seal) ë~X.P;¡f;" MY COM~~~i~~~~ 037605 ~.~.w EXPIRES June 27. 2005 ··~P.f:.~~·· eondad Thru Notary Public UndtlWr!I.ra '-" 'WI RESOLUTION NO. 02-16 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES is duly accepted on behalf of St. Lucie County this 8 th JANUARY, 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESs: BY: OCEAN HARBOUR VILLAS OWNERS ASSOCIATION G: \ACQ\ WP\ YVONNE\MSBU\ TREASURE\Resolution 02-16.wpd \.r :9ANNE HOLMAN, CL_ERK OF THE CIRCIITT COU~ .J..- SAINT LUCIE COUNTY dIe Number: 1950088 OR BOOK 14.. F'AGE~19 Recorded:OB/29!Ol 11:02 Please return to: CH BX 76 This instrument prepared by: Treasure Coast Abstract & Title Insurance Co. 401 So. Indian River Dr. :I: Doc ASSUffiP: $ 0.00 Ft.Pierce, FL 34950 * Doc Tax $ 0.70 Brenda 1. Bidle DeWitt/File nÔ. tfð!51~o $ 0.00 Project: Treasure Cove/Ocean Harbor South MSBU Utility easement acquisition Parcel ID no. 1423-120-00 l2-000/8 (part) PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES THIS EASEMENT, made this.2l?/J¡, day of August, 200 I, by OCEAN HARBOUR S WNEm; A C pON, IN ., a F1 rida corporation, whose address is 1fJ - . , hereinafter referred to as GRANTOR, and ST. LUCIE CO TY, a politica subdivision of the State of Florida, 2300 Virginia Ave., FtPierce, FL 34982, hereinafter referred to as GRANTEE. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration of the sum ofTen Dollars ($10.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY, a political subdivision of the State of Florida, for the use and benefit of ST. LUCIE COUNTY, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a potable water line and fire hydrants in, under, over, and across the following described land in. St. Lucie County, Florida, being more particularly described on Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land as far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of any of the above mentioned utilities or improvements. Grantor hereby agrees that no further improvements shall be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so as to prevent the access to, and maintenance of, the utility lines or equipment by the Grantee, its agents, employees, contractors or assigns. ~ 'wi OR BOOK 1428 PAGE 1520 page 2 Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility lines and equipment. Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair, replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employee of Grantee while acting within the scope of his or her office or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. IN WITNESS WHEREOF, the undersigned Grantor has hereunto set its hand and seal thi~ day of August, 200 I. Signed, sealed and delivered in the presence of: ~(/QØ1allJj witness print name~n-Ø r~\c~~_ (¥. \)~ witness~ , print nameTo $Y\ vy, , ~ - rv\..\.,\, f\ \ STATE OF FLORIDA COUNTY OF ST. LUCIE Grantor: OCEAN HARBOUR VILLAS OWNERS ASSOCIA C. ; i~s'pr~igent V¡C;eI#· On this ~~ <JA-\ day of August, 200 I, Lew Gilliland, the President of Ocean Harbour Villas Owners Association, Inc., a Florida corporation, for and on behalf of the corporation, personally appeared before me, who i~sónally known to m"];J or who produced as identification and who did (not) take an oath. Commission expires:!!hk,$er Iqf)..OOI ~~ cI DMauv- (seal) NOTARY PUBLIC "\~~~~~"" Deborah T. De1fareo Print nam·ë])pbö~IhI:"~;..1a ¡roo im....; ...~QtmmIJOl!m.CC!8419 = . ~= EJpIreB Of:t. ....DM ~~ ""i BœðId 21ft ~~m.~'.¡o AIIan& ~ .. IDI. '-' ~ RESOLUTION NO. 02-17 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that; The foregoing PUBLIC UTILITY EASEMENT FOR POTABl.E WATER FACILITIES is duly accepted on behalf of St. Lucie County this 8 th JANUARY, 2002. BOARD OF COUNTY COMMISSIONERS ST. l.UCIE COUNTY, Fl.ORIDA BY; Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: SHRINERS HOSPITALS G: \ACQ\ WP\ YVONNE\MSBU\ TREASURE\Resolution 02 -17 . wpd 000 ot-o . . . 000 ~~~ .. .1 .. e. E ::5 mXx mrclrcl <I: I- I- UU...... DOC 001-1 ....... ... \w ""'" Please return to: CH BX 76 This instrument prepared by: Treasure Coast Abstract & Title Insurance Co. 401 So. Indian River Dr. Ft.Pierce, FL 34950 Brenda J. Bid1e DeWitt/File no. 00-5277 Project: Treasure Cove/Ocean Harbor South MSBU Utility easement acquisition Parcel ID no. 1423-130-0008-000/8 (part) PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES THIS EASEMENT, made this 30 day of August, 2001..b~SHRINERS HOSPITALS CHI REN C 1 *Slír;i.ners HOSPj;ta..Ls:Ebr Children,fka FOR CRIPPLED LD , a 0 orado corporanon whosellaQress IS 2900 Rocky Point Dr. Tampa, Florida 33607 , hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, 2300 Virginia Ave., Ft.Pierce, FL 34982, hereinafter referred to as GRANTEE. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration ofthe sum ofTen Dollars ($lO.OO), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY, a political subdivision of the State of Florida, for the use and benefit of ST. LUCIE COUNTY, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a potable water line and fire hydrants in, under, over, and across the following described land in St. Lucie County, Florida, being more particularly described on Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land as far as may bé reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of any of the above mentioned utilities or improvements. Grantor hereby agrees that no further improvements shall be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so as to prevent the access to, and maintenance of, the utility lines or equipment by the Grantee, its agents, employees, contractors or assigns. ::0 "11 c...., m .....·0 n ¡-.:D DmZ .., Z c. :z: I"T'1 mc r::::L3::I: uO"O om, -.0.., 3: ........ .. :I> o :z: IJ'. w .............. o-.on ......LT1, f'JI"T'1 .¡:,. ::0 ....... -.0 '"' ...... LT1 .. 0 00"11 0::0 -I WI 01"T'1 o :><:n 1-1 ....... ::0 .¡:,.C":) c...J c:: 01-1 -I '-' Dn G"JO 1"T'1e: ::0 t..J-I (,.J aJ I c....J CI~ :D 1-1 :z: -I ï/c:: C":) 1-1 I"T'1 n o e: :z:: -I -< '-' .....,; page 2 Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility lines and equipment. Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair, replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employee of Grantee while acting within the scope of his or her office or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. IN WITNESS WHEREOF, the undersigned Grantor has hereunto set its hand and seal this ~ day of August, 2001. ,:;1'- <,,' Signed, sealed and delivered in the presence of: fP¡antor:Shriners Hospitals f/.9+;:ehildr~n, SHRINERS HOSPITALS FOR^" CRIPPLED CHIL ~~ ~.0N, witness L ~ÍKR witness * h· d f 2001 John Do VerMaas & h P ·d fSh . On t IS 30 ay 0 August, , r.<;one Bra 11 ' t e resl ent 0 flnerS 1-TosDitals for Criptle.-! Childrenhq Colora.-!o c;;~~ation, for and on be1faŒ~tUŒ1:DÌpõfa~f8rf;ivelY, "*Sl1n.I\~rs Hos t¡:\is Lor Cl~ldren,fkiil. personally appea etore me, who .w;-personally known to me, or who produced as identification and ~fið did (n ath: ~,'II""II"'""I. Commission expires: ~"'\.'ð-j. Dlaz-p/"",-,: '* ~G ........ FIe,? ~ (seal) ~ <::)\"~\!I\SSION it..~ú' \, ~ "cp ~~~28 ~'. ~ ~ :~ ~ '~a: ~'. ~ = ::;:~ ~r.n:: :*. .... .*: %ð\ #CC785610 J~~ tII"-.;'¡', .§i~ ~'1.: I, ~ Sonded\tlç.)~ ,I (j~ ~~)-A··';'ŸFiì¡n.lnSIl'¡:.'~ <"'''~ ~.I. (/þ......... C' *' "'",,/lIG ST~"i~ ~",,, """¡UIIII\II" UBLIC sror:.n .DRUCILA J. DiAl-PHELPS ... o ::0 to CJ o "'" I-' .p. t.-J o '=' ':I> 'tn TT1 ~,J L. co .p. '-" ..." RESOLUTION NO. 02-18 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County. Florida, that: The foregoing PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES is duly accepted on behalf of St. Lucie County this 8 th JANUARY. 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: TABOR G: \ACQ\ WP\ YVONNE\MSBU\ TREASURE\Resolution 02 -18. wpd \.,- JOANNE HOLMAN, CLERK OF iHE CIRCULI CUU~' - ~AINI LUClt CUUNIY File Nluober: 1947323 OR BOOK 1426 PAGE~7 Recorded:08/22/01 12:24 Please return to: CH BX 76 This instrument prepared by: Treasure Coast Abstract & Title Insurance Co. 401 So. Indian River Dr. Ft.Pierce, FL 34950 Brenda J. Bidle DeWitt/File no. 00-5274 * Doc ASSUfOP: $ * Doc Tax $ * Int Tax $ 0.00 0.70 0.00 Project: Treasure Cove/Ocean Harbor South MSBU Utility easement acquisition Parcel ID no. 1423-120-0026-000/9 (part) PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES THIS EASEMENT, made this:Jff day of August, 2001, by ROBERT L. TABOR and NOEL F. TABOR, his wife, whose address is P.O. Box 3494, Ft.Pierce, FL 34948, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, 2300 Virginia Ave., FtPierce, FL 34982, hereinafter referred to as GRANTEE. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration of the sum of Ten Dollars ($l 0.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY, a political subdivision of the State of Florida, for the use and benefit of ST. LUCIE COUNTY, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a potable water line and fire hydrants in, under, over, and across the following described land in S1. Lucie County, Florida, being more particularly described on Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land ilS far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of any of the above mentioned utilities or improvements. Grantor hereby agrees that no further improvements shall be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so as to prevent the access to, and maintenance of, the utility lines or equipment by the Grantee, its agents, employees, contractors or assigns. '-' OR BOOK 1426 PAGE 90B -....I page 2 Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility lines and equipment. Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair, repJacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employee of Grantee while acting within the scope of his or her office or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. IN WITNESS WHEREOF, the undersigned Grantor has hereunto set their hand and seal this ¿;¡ I ~ day of August, 200 I. Signed, sealed and delivered in the presence of: G~~ ~ ~. ROBERT L. TABOR \ I' ~ ~ _ / /} (~V-¡J /C:: 1 J-ç/V NÖEL F. TABOR / QO-cJv jQ,7::alM e~ witness print name ~<ø'u1'1'L ;&1-£«"" wi ss l¡ ¡ print name JACQUElYN BREW~ . RACHEL R. BALDWIN STATE OF FLORIDA COUNTY OF ~. [UC--¡C On this ¿)../:JTday of August, 2001, Robert L. Tabor and Noel F. Tabor, his wife, personal1y appeared before me, who is personally known to me, or who produced fLDlJ'Dk :IJRJv£P::5 LIt..E/J5Ç as identification and who did (not) take an oath. ( ¡J Commissio..~.,,:,... . v~~~ (seal) l~&~O¡\'\~" J~CQUELYNB.BREWER N AR PUB Ie ::;: . '*¡ MYCOMMISSIDN#CCB15984 1ACQUELYN BREWER -:,;·........f.:'t,l EXPIRES' March 9. 2003 Print name v' . ;f ,~f,,-r.-.\., BOl'ltjed Thru Notary Pubfic Underwrrter:s '-' -.J RESOLUTION NO. 02-19 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES is duly accepted on behalf of St. Lucie County this 8 th JANUARY, 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: TREASURE COVE DUNES CONDOMINIUM ASSOCIATION G: \ACQ\ WP\ YVONNE\MSSU\ TREASURE\Resolution 02-19.wpd 000 01:-0 . . . 000 www C1. := ~xx UJrcrc Œf-f- UU...... DOC: 1::::"'="'-' '* '* '* ~ ....., J9ANNE HOLMAN, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FIle Number: 1966660 OR BOOK 1445 PAGE 1 Recorded:10/16/01 10:07 Please return to: CH BX 76 This instrument prepared by: Treasure Coast Abstract & Title Insurance Co. 401 So. Indian River Dr. Ft.Pierce, FL 34950 Brenda J. Bidle DeWitt/File no. 00-5272 Project: Treasure Cove/Ocean Harbor South MSBU Utility easement acquisition Parcel ID no. No Tax ID# assigned by property appraiser PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES THIS EASEMENT, made this tc; day of ~Ol, by TREASURE COVE DUNES CONDOMINIUM ASSOCIATION, INC., a Florida corporation, whose address is '-1-100 1-1 () A-1 A \ Su-l\-t'_..$4 ç:; rr PI ~Il:"e, Ç( 0- '3 Lf'q 'f C, , hereinafterreferred to as GRANTOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, 2300 Virginia Ave., FtPierce, FL 34982, hereinafter referred to as GRANTEE. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration of the sum ofTen Dollars ($10.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY, a political subdivision of the State of Florida, for the use and benefit of ST. LUCIE COUNTY, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a potable water line and fire hydrants in, under, over, and across the following described land in S1. Lucie County, Florida, being more particularly described on Exhibit "A" attached hereto and made a part hereof. TO HA VE AND TO HOLD the same unto the Grantee, its successors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land as far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of any of the above mentioned utilities or improvements. Grantor hereby agrees that no further improvements shall be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so as to prevent the access to, and maintenance ot~ the utility lines or equipment by the Grantee, its agents, employees, contractors or assigns. '-' "wII OR BOOK 1445 PAGE 2 page 2 Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility lines and equipment. Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair, replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employee of Grantee while acting within the scope of his or her office or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. ../ IN WITNESS WHEREOF, the undersigned Grantor has hereunto set its hand and seal this ~ day of ÂI.lgUSI, 2001. (X:.fo b.:r- Signed, sealed and delivered in the presence of: ßJ .JAv:Ji.u?fxdi{l~(tl,¿-ft- wItness . t BflENDAJ. SIDLE DEWITT pnn name fff- WiQ:r+~ print name JACOUELYN BREWER Grantor: TREASURE COVE DUNES CONDOMINIUM ASSOCIATION, INe. BY: Ø~dtl William Mueller, its President STATE OF FLORIDA COUNTY OF ST. LUCIE On this ~ day of AJ1~~2001, William Mueller, the President of Treasure Cove Dunes Condominium Association, Inc., a Florida corporation, for and on behalf of the corporation, personally appeared before me, who is personally known to me, or who produced -?t Cl d-kc..~.6 I(~~? identitication and who did (not) take an oath. Commission expires: (seal) &'LR. f1.t1^. (ì brLJ. QwJ.tt NOT ARYP'i:JB?'rc Print name BRENDAJ. SIDLE DEWIT'f,· ~ AGENDA REQUEST ...., ITEM NO. ~ ~ß DATE: January 8,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED 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. 6622 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. ~] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: Review and Approvals ~J [X] County Attorn.y. Jif/ [ JManagomont & Budgot: [ JPurchasing: [ J Information T och.: [ 1 Public Works Director [ J Solid Wast<: Mg r [JFinanc.:(ch.ck for coPY only. if applicaÞI.) [ 1 Public Safoty Dir.ctor Eff.ctive 5/96 '-" -."J INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith C.A. NO: 02-08 DATE: January 2, 2002 SUBJECT: Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case No. 6622 dated March 7, 2001 BACKGROUND: On February 7, 2001, the St. Lucie County Code Enforcement Board found the property at 7802 Deer Park Avenue, Fort Pierce, Florida to be in violation. On March 7, 2001, the St. Lucie County Code Enforcement Board issued an Order to pay a fine of $200.00 per day for every day the violation continues beginning February 22,2001. A mortgage foreclosure suit and the Notice of Lis Pendens were filed on October 25, 2000. The Summary Judgment of Foreclosure was granted in February 2001 and the property was sold on June 9, 200t The Code Enforcement Lien was not recorded until April 13, 2001 in Official Record Book 1382, Page 401. Additionally, the property was purchased by the Secretary of Housing and Urban Development [HUD]. Southeast Alliance on behalf of H.U.D. has notified staff that H.U.D. is exercising its immunity from the Code Enforcement Lien based on the presumption of the local code by applicable laws and regulations. Based on the above sequence of events and pursuant to Section 48.23, Florida Statutes (2000), the above referenced Code Enforcement Board is not a lien on the property at 7802 Deer Park Avenue, 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..." J. Herzer, Southeast Alliance 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. '-" '-' RECOMM ENDA TION/CONCLUSION: Staff recommends the Board authorize the Chairman to sign the attached Partial Release of Lien. Respectfully 6ubmitted H:\A9~n&laM/:mo·DeerParkA...e.wpd /I¿~ -/ Katherine Mackenzle- mrdi A66i6tant County Attorney '-" "wi 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 Fine/Lien dated March 7, 2001 and recorded in Official Record Book 1382, Page 401 of the Public Records ofSt. Lucie County, Florida. Real Property Released: LOT 10, BLOCK 45, LAKEWOOD PARK UNIT NO.5, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 11, PAGE 5, OF THE PUBLIC RECORDS OF ST. 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 ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) The foregoing instrument , 2002, by and who did/did not take an oath. was acknowledged before me this _ day of , who is personally known to me Notary Public (Signature) FILE N0.164 12/19 '1. 09:09 ID:SOUTHEAST ALLIANCE ,~OV-16-2001 F~3:20 PM LAWYERS ADVANTAGE FAX:6788321015 FAX NO, 407 622 630~ 3/ 7 J~ tQ.11~, Cl.£R« !J' 1M£ CIRCUtT In¡T . SAUlT lltJ£ cwm f 118 ~lIÞer l.0254? DR IIJOK 1:!B2" 40\ RtcQrdell:06l13101 09:04 1':. IoIICD r:ønr CIMI _ ~ -- ,... JlØQaØl røats.~ c::aa 110. uta _ L. ".,..·ftJ ,,~ caa.. came on 'þ~ . rlne H.ar!"9 Þefo~e ~he St. Lucl. cpwn~r Code ~nto.cement lo..d on HetCh 1, 2001, .fter dwe notice ~O the violacor, ~n. ~. Frankl.n, Ond the IOAt4 hov1n9 he.r4 te.t1~ny Of StAff under oath, received ev1dence, and noted t~.t ehe V101atOr w.. not p....nt, thereupon 100uee Ito Pefault Order ¡mpoo~"9 Yine/~'ln 10 rollowo: 1. On r..þruuy " 2001, chlo 80.l.d iuultd It. rlncllnc¡¡' of Fact, Conclusion of ~w, .nd Ord.r dlt.~.nin; ~".t . v101.ltlon of Slction 1.00.03 (Flof ~h. It ~ucie ~owntr ~nd OavDlo~nt Cod* ..I~ced·on the property loeated It ,e02 ~er P.rk Ave., rt fierce, rl and øeacr1Þed nl IACBlllOOD PAItC-UNSt OS-I~" ., !oCT 10 lHAP 13/;1111 (O~ 60.~B3e: 94!1-l 018: 955-1018 I u recorded in the Public ~ecø~¢I Of St. Luc~e COunty. Th. Viol.~Ot WI. 9~Yln until r.Þr~.ry 21. ~001. to abate the violation. 2. ...ed ~pon tnl testiMOny ot CAe coal ~nlQrG.ment Statf, tAil Roard deteTmin.~ that 4 violation of SeCtion 8.00.0J ir)~ of tne St. ~~cil Co~nty ~nd Þeve~o~ent C04e continues to _.4~t .1 tne Violator DtLii ha. the boat placed in thl front at th. propetty descrlbea lþove. 3. í'\JcaU4Ut to;) the <luthorHy 9'otnt.d Þy S...a\¢n a~.O~, rlorldÀ ~lltut.., .r~ SectIOn 1-1-2~ ot th- St. ~uc¡~ County C~e I>C OrdInotllCU, ..nl1 <I".er c..n.lderin9 In.. quvity of tn. viol;ot,,,n, any .clion. lo_.n þy t~. Vle.ltorl co corr.er t~e viclat:on. .no _nl' ~'''VIOU. v,ol.Uonll "'OII'IIIIBp/ 1>1' Ole Vlot4toU, thu ko.lCt,] oldcr~ th. V¡u1.,ul. t~ p.y . ti~. Ð1 IW~ ~u~dr,d ~n~l~r~ tS~OC~ Do.r ".Y tilt .6C"h da)' tl'h!' V10¡,..tl0r. con~:.~~oa b.'if,H\ÎI¡'~'¡ ~ (4 {eM "'i¡ / )1 LÙ" FILE No.164 12/19.. < 09:09 ID:SOUTHEAST ALLIANCE .~OV-IB-2001 F~3:20 PH LAWYERS ADVANTAGE , FAX:6788321015 FAX NO. 407 622 6300~ 4/ 7 ,:' OR IIXJK lJ82 ~I\G£ 402 tøbrÙA~V 7~r ~ðOl . w!~h the ..x~mum :1no not to eKèeà~ I~ thOIl..ne! .nCl 00/100 dOUU' (~~OOO.OO).. ~. P\l~D~an; to So=t!o~ 1'2.a~ Fl0:ida St~t~to. anQ ~ectlon 1-2~2.. It. ~\lç~a C.\lnt~ Code of O;d!nøncea, t~ia Ordor ~y be ~corded to ~h. ~uÞl!c ~.~ord. at St. Lucl0 County, Florida, and ahall constltute a lien .valntt tho .~ov. o.acriþad ,ropatty .nd any other r.al Of peroon.l ploporty owned by the Violatoro. Any violator tequeetlng . rehearing or recon.!dør~lion 0: tho ~~rd'. action mUlt tile a wI!t:en request oetting forth lhO log. 1 ground. the;otore with tbe Code ~nlolcem.nt 10lrel Secret.ry, St. Lucie County. 2300 Vitiln!a ~vonu.. fort Pierce, r~ 34912 wIthin ... .. . ;hirty 1301 d~Y. of the ~4~. øt thl. c~dor. pOll aID OID~ th~. 7th ~.r ot K6r~h. 2001. ~t¡ ft. UIICØ CCIIBI' œoI _.~ ...... útr~~ II ,.,., H~~~ ~aalO~NID 2lf-- ~ ; FlLE No.164 12/19~ 09:10 ID:SOUTHEAST ALLIANCE HPV-16-2001 FRI-U3:20 PH LAWVERS ADVANTAGE FAX:6788321015 PAGE 5/ 7 .....¡ FAX NO, 407 622 6300 011 BCOI 13112 PA~ 'OJ z _ ~ft 'hat t1l1. dOI:Mnt i. . HII. ..nd COUtet copy ot the Coi.. Enforcement Bo"rd Ord..: r~o'~n9 '1n,/L1.n 1n thla c..... ~q) f),~u COOl: Þ 7 &O.Uø $tCUTAIIY ¡ ...-.z ~.tJ th.t a true and èOt~act copy O( the ,Þov. Ind &otaqo~ Flndin9' of Fact, Conclu.1on. of Law, and Otdet II.. !>eel' tum1.hod ~y ...11 to: Gane ¡.. n.nklin 'eo~ Ðwet 'ark ~ye rt piere., n 349S1 C SECJœ1'AIIY <:It. 3 FILE No.164 12/19 --1, 09:10 ID:SOUTHEAST ALLIANCE FAX:6788321015 12/18/01 TVB ~7 FAX 95423:18333 DAVID J STERN 'WI ... t1~C:~l : Fr...ol.QS.2 01/1112001 Ol( J9pm tJ . '- . 0 q~=<111.~t{9 'j..;.! ::.~ ,,~.~.~ r .r, -.". ,.. .. ' , " . '~ -. ::::-~,r:-~--:· . . :.10..' ~, , '. . .<' . . " '. .. ;". ~ ,; -. ~ --I· Nt .. ...--._..., DlTlllcacurrc:oua:rOF1l11lmt MXCIAL CIICUt.DtAØ)fCIt. IT.WCDCiOCINTT.~DA =i~~ß{ ~J IIMII1IœMA'rIIINAt.MIIa 01" I'U.1IIJDA I'LA/N'I'InI VB. ., . ' GIM I. JIWIKLIN AI~IMi_~.UVINO,. t.'. . ! I ~.: Atft)D'ÞiIAII,tHi~--~a ." ~ .' ~",..._1JIIHDQ.atIIDrJOU. . ;', ._.~ . . ~ .. ~.!.' --I A1CPAUOI1IiJt'AlTllSClAlMlNGANDnIUI'I' ~~:,¡¡¡~.) .,,'.y'.;.....':: ."~ 'I'fNJOII,11NÞIIa QI,~GlìNiL.RA)II,JW AICIA. GIIIf1i 1'1W«UN: UHICIfOWK II'OUSEOPCJIi1t/I L. flMacuNAlfJltCiltlE~ II'AMV;~ RWCr.IN.IPf.MNa, AJlDJP ~ 'nIIVNIC:tOW ~ mas. DlYflDf.GIWf11jJf, I\II~I ~ J 'Ual.c:uø1OItI. ~ANÞAU.011IIa ......CILAIWINQ ~ ...,-, av. 'I1IJOUa UMÐa ØlMl48lrrNlLlSl4~KLIN; IJI«NbwH aiíuEw MIII.oIaA ~ IF ÀNV¡UXIIVOODMIUt ~ l' 0W1G!Ia' A8IOCIA1ICIN.II'IC.¡oIDIIH DQlAHI) ~~AlIJItIIt'.)W1IIIIAWrI Qr ,....'.&IÓII ~.t_ C f, . !,. :.. J«mCIOPLII~ I. m ......-s...."*. ANDAl+ØRIIig WHOM IT tMv CONCERN; :z. YOUAUNOnPœD......iMlNilnonl,¡.."'_..,...PIIWIIr....~~ to r-1øIctlll NOIe ..w'!1PI.'. . ¡.. "'-...s~.. ..1IICimIIIJIII',..øllIIt"...,..... dM:d~ eJ ..-c "'......"'*'.--...r... -. 1iMIIII. IN ...... ,........tbc NeIII!.... ~ aNI fi>< ........ .....IIIIIIIIIC'*. iIIIII Ii.. COIIIfI*. 3. nc......InwI...,¡..__p....,.lorar_it.... ~.........III"'.WCÆ CaaaIy. 'loricQ.... .... "'.. -...--'.OCIW.II -'1Iaak604, .......9. ....~Iy~; as foIbn: PAGE 6/ 7 141 00 " . 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"" " ~ AGENDA REQUEST ~ ITEM NO. c:~ DATE: .January 8, 2002 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 02-01 - Caribbean Fruit Fly Host Plants BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board grant permission to advertise Ordinance No. 02-01 as drafted. COMMISSION ACTION: D uglas Anderson ~ ounty Administrator [xJ APPROVED [ ] DENIED [ ] OTHER: County Attorney: ~/ Review and Approvals Management & Budget Public Works Dir5 LA/' Com. Dev. Dir.: . ~) VI/'I Resource Proto coord.:~ Originating Dept. Finance: (Check for Copy only, if applicable) Eft. 5/96 '-' ...I , INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 02-02 DATE: January 2, 2002 SUBJECT: Ordinance No. 02-01 - Caribbean Fruit Fly Host Plants ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: Attached is draft Ordinance No. 02-01 which, if adopted, would prohibit the planting of Caribbean fruit fly host plants (Surinam cherry, rose apple, guava, loquat, Cattley guava). This ordinance was drafted in response to a request received from the Indian River Citrus League. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 02-01 as drafted. Daniel S. McIntyre County Attorney DSM/caf Attachment Copy to: Douglas C. Bournique, Indian River Citrus League , ........ ORDINANCE NO. 02-01 ..,¡ AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.09.00, LANDSCAPING AND SCREENING, TO PROVIDE FOR CLARIFICATION AND GENERAL AMENDMENTS AS FOLLOWS: BY AMENDING SECTION 7.09.03 E 2f TO ADD CATTLEY GUAVA, COMMON GUAVA, LOQUAT, SURINAM CHERRY AND ROSE APPLE TO THE LIST OF TREE AND PLANTS THAT SHALL NOT BE PLANTED IN ST. LUCIE COUNTY: BY PROVIDING FOR CONFLICTING PROVISIONS: BY PROVIDING FOR SEVERABILITY: PROVIDING FOR APPLICABILITY: PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE: PROVIDING FOR AN EFFECTIVE DATE: PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97 -01 - 97 -23 - 99-02 - 99-04 - 99-15 - 99-17 - March 14,1991 November 7, 1991 February 16, 1993 May 25, 1993 May 25, 1993 August 16, 1994 January 10, 1995 March 4, 1997 September 2, 1997 April 6, 1999 August 17, 1999 July 20, 1999 September 7, 1999 91-09 - 92-17 - 93-03 - 93-06 - 94-07 - 94-21 - 96-10 - 97-09 - 99-01 - 99-03 - 99-05 - 99-16 - 99-18 - Underline is for addition; stl il(~ tl.rðtlgl. is for deletion. -1- May 14, 1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 August 17, 1999 July 20, 1999 July 20, 1999 November 2, 1999 '-" "-" 00-10 - 00-12 - June 13, 2000 June 13, 2000 00-11 - June 13, 2000 3. On XX, 2002, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. On XX, 2002, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on XX. 5. On XX, 2002, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on XX, 2002. 6. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are 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: PART A. SECTION 7.09.03 E 2F OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE SHALL BE AMENDED TO READ AS FOLLOWS, INCLUDE: ********************* CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.09.00 LANDSCAPING AND SCREENING 7.09.03 GENERAL PROVISIONS 2. Trees Underline is for addition: strilte t¡'r15l:1g¡" is for deletion. -2- '-' \ 'WI f. None of the following trees or plants shall be planted in St. Lucie County. Where such species already exist, their removal shall be a condition of any final development order. Melaleuca quinquenervia (Punk Tree) Casuarina spp. (Australian Pine) Eugenia uniflora (Surinam cherry) Syazguin jambos (rose apple) Schinus terebinthefolius (Brazilian Pepper) Psidium spp (Guava) Eriobotrya japonica (loquat) Psidium cattleianum (Cattley guava) None of the following species, or any species designated as Category I on the Exotic Plant Pest Council's most recent list of "Florida's Most Invasive Species", shall be used to meet the requirements of this section: Cupianopsis Anacardiodes (Carrotwood) Acacia auriculiformis (Earleaf Acacia) Araucaria heterophylla (Norfolk Island Pine) Brassair actinophylla (Schefflera) Eucalyptus spp. (Eucalyptus) Grevilla robusta (Silk Oak) Syzgium cumini (Java Plum) Cinnamomum camphora (Champhor Tree) Liqustrum sinense (Chinese Privet) Scaevola sericea, s. taccada. S. frutescens (Scaevola) Dalbergia sissoo (Rosewood) Albizzia lebbeck (Woman's Tongue) Bishofia javanica (Bishofia) Enerolobium cycocarpum (Ear tree) Ficus spp. (Non-Native Ficus) Sapium sebifrum(Chinese Tallow Tree) Melia azedarach (Chinaberry) Syaygium jambos (rose apple) Eugenia uniflora (surinam Cherry) Psidium sup. (Guava) Peltophorum pterocarpum (yellow poinciana) and all non-native fruit trees such as orange and grapefruit trees. Underline is for addition; stl"ih~ tMI"Cl:IgM is for deletion. -3- '-' ...., , PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, 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 . If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and 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 F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward XX Vice Chairman Cliff Barnes XX Commissioner Paula Lewis XX Commissioner Frannie Hutchinson XX Commissioner John D. Bruhn XX Underline is for addition: stl"ilte tRl"ð~g" is for deletion. -4- ....... ...., PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code and the word "ordinance" may be changed to ·section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this day of ,2002 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underline is for addition; strihe t¡'re~9h is for deletion. -5- L '-" .....,¡ AGENDA REQUEST ITEM NO. C-9 DATE: January 8, 2002 REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Phill Brodeur Information Technology Asst. Director SUBMITTED BY (DEPT): Information Technology SUBJECT: Consider renewal ofHTE, Inc. Support Services Agreement, dated Dec. 19,2001 in the amount of$54,125.00. BACKGROUND: This agreement is for renewal of software and hardware systems support for FY2001-2002 on the HTE computer system utilized by Public Safety. FUNDS A V AIL: The funds are available in account number 001-1955-534110-100. (Software Support Contracts) PREVIOUS ACTION: The Board of County Commissioners approved the purchase of the HTE Public Safety computer systems and annual support in FY2000. A supplemental service agreement was approved in FY2001. RECOMMENDATION: Staff recommends the Board of County Commissioners approvc the annual support agreement with HTE, Inc. and authorize the Chairman to sign the agreement to bc effectivc Octobcr 1,2001 through September 30, 2002. ( X) APPROVED ( ) OTHER ( ) DENIED NCE: COMMISSION ACTION: County Attorney: Originating Dept: Review and Approvals ~ L? ~ þlN11 Management & Budget: ~Purchasing ,tr-- I Other: · '-" "will H.T.E., L ~. SUPPORT SERVICES AGREEMENT CONTRACT NO. STLC-20011379 This RT.E., Inc. Support Services Agreement ("Agreement") is entered into by and between H.T.E., Inc. (HTE), a Florida COIporation, with its principal place of business at: 1000 Business Center Drive, Lake Mary, Florida 32746; and St. Lucie County, FL (Customer), with its principal place of business at 2300 Virginia A venue Ft. Pierce, FL 34982 1. SCHEDULE OF LICENSED PROGRAMS SUPPORT SERVICES FEE FOR COVERED UNDER THIS AGREEMENT INITIAL TERM CAD IV $ 17,800.00 Crimes Management Svstem 10,350.00 Enhanced 911 1,450.00 Mapping 4,000.00 State/NCIC Interface 3,600.00 HGE Client 9,750.00 QRep Catalogs - CAD, Crimes 500.00 QRep Administrator 250.00 QRep End User 1,250.00 AS/400 Support Line Services (Hourly telephone assistance 5,175.00 Total $ 54,125.00 2. TERM. The Term of this Agreement shall be from October I, 2001 to September 30, 2002 ("Initial Term"). This Agreement can be renewed for successive one (I) year terms by payment of the then-current annual Support Services Fee. HTE will invoice Customer when the Support Services Fees are due. 3. SUPPORT SERVICES. For so long as Customer has purchased Support Services and is current in its payments to HTE, Customer shall be entitled to receive, and HTE agrees to provide, the following services which are hereinafter referred to as "Support Services" for the Licensed Programs listed in Paragraph 1 hereof: 3.1 Program Fix Service. Customer shall promptly report to HTE any errors or defects in the Licensed Program's which prevents the Licensed Programs from operating substantially in accordance with their documentation and shall further provide such information as may be required by HTE to replicate such errors or defects. Customer agrees to provide dial-in access to Customer's computer in order for HTE to investigate reported errors or defects. HTE will address any such replicable errors or defects with an effort commensurate with their severity and will deliver to Customer a remedial release or workaround as it becomes available. In the event the problem Customer reported as an error or defect was in fact not in the Licensed Programs, then Customer shall pay HTE, at HTE's then current list price therefor, for time spent as a result of Customer's report. 3.2 Software Upgrades and Updates. Customer shall receive, at no additional cost, upgrades and updates to the Licensed Programs which are generally made available at no cost by HTE to customers who have purchased Support Services. Customer shall receive one original of any upgrade or update to the Licensed Programs delivered hereunder in electronic form or on media, according to the general form of distribution implemented by HTE. Customer agrees that any upgrades or updates provided by HTE shall be held by Customer upon all of the terms and shall be subject to all of the conditions contained in the license agreement granting Customer the right to use the Licensed Programs. HTE, Inc. Support Services Agreement Revised 08230] STLC-20011379-Support Agreement 12/19/01 · '-" ""'" 3.3 Telephone Support. HTE shall make available a toll free telephone support line, twenty-four (24) hours a day, seven (7) days per week, for use by Customer's representatives who shall have received training on the Licensed Programs and who shall be relatively proficient in the operation of the Licensed Programs. 3.4 Exclusions. Support Services do not include on-site services nor Licensed Programs that are not at the latest release level or the level immediately prior to the latest release, or for which Customer has not installed all distributed corrective code, or Licensed Programs that have been modified or customized, or that have been damaged by negligence, misuse, use with inappropriate software or equipment or by other external causes. 4. SUPPORT SERVICES FEES. 4.1 Support Services Fees for the Initial Tenn hereof are as provided in Paragraph 1, and are due and payable upon execution of this Agreement. 4.2 Support Services Fees for Renewal Tenns are due and payable prior to the first day of the Renewal Tenn, and are subject to change upon each renewal date. 4.3 Support Services Fees stated herein do not include sales (or equivalent) taxes. Taxes due, if any, will be added to Customer's invoice. 4.4 Support Services Fees are not refundable in whole or in part, except in the event of Customer's tennination for cause as provided in Paragraph 7.3 hereof. . 5. WARRANTIES AND REMEDIES. HTE warrants that the Support Services provided under this Agreement shall be perfonned professionally, in a workmanlike malll1er and by employees with appropriate skills and expertise. Except as provided in this paragraph, CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, IN TIlE EVENT HTE BREACHES TIllS WARRANTY, IS TO TERMINATE TIllS AGREEMENT PURSUANT TO TIlE TERMS OF PARAGRAPH 7 BELOW. 6. LIMITATION OF LIABILITY. HTE's liability to Customer for any losses or damages, whether direct or indirect, arising out of this Agreement, shall not exceed the Support Services Fees paid for the Initial Term or Renewal Tenn then in effect. In no event shall HTE be liable for any indirect, special, or consequential damages, or economic loss in cOlll1ection with, or arising out of, this Agreement. 7. TERMINATION. This Agreement may be tenninated as follows: 7.1 Upon Customer's failure to renew this Agreement at the expiration of the Initial Term or any Renewal Term. 7.2 By HTE, if Customer fails to pay Support Services Fees on or before the due date, then this Agreement shall tenninate if non-payment continues for more than ten (10) days after receipt of notice in writing trom HTE to Customer of such non-payment setting forth the sum then due and how such sum was detennined. 7.3 Except as provided in Paragraph 7.2 hereof, by the non-breaching party, in the event this Agreement is breached by a party and that party fails to cure the breach within thirty (30) days after having been given written notice thereof 7.4 If Customer tenninates this Agreement and subsequently desires to reinstate Support Services, HTE' s then-current policy with regard to reinstatement shall apply. 8. GENERAL TERMS. Choice of LawlDispute Resolution. This Agreement shall be governed by laws of the State of Florida. Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations, then either party may commence legal action against the other. Each party hereto agrees to submit to the personal jurisdiction and venue of the state and/or federal courts in or for Seminole County, Florida for resolution of all disputes in cOlll1ection with this Agreement. Binding Agreement. The individual signing this Agreement for Customer warrants that he/she has been duly authorized to bind Customer to all rights, duties, remedies, obligations and responsibilities hereunder and that the Agreement is a valid and binding obligation of Customer. HTE, Inc. Support Services Agreement Revised 082301 2 STLC-200lI379-Support Agreement 12/19101 . '-' -..J Assignment. This Agreement and the rights, title, and interest herein, may not be assigned or transferred by Customer without the prior written consent of HTE, which consent may be withheld. HTE may assign its rights, title and interest herein by providing prior written notice to Customer. Successors Bound. The terms and conditions of this Agreement shall extend and inure to the benefit and be binding on the respective successors and permitted assigns of Customer and HTE. Force Majeure. Neither party shall be held responsible for failure to fulfill its obligations under this Agreement due to causes beyond its reasonable control. Severability. If any term or provision of this Agreement or the application thereof to any entity, person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to entities, persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each remaining term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Notices. Any notice provided for herein shall be in writing and sent by registered or certified mail, postage prepaid, addressed to the party for which it is intended at the address set forth on the first page of the Agreement or to such other address as either party shall from time to time indicate in writing. Any notice given pursuant to this paragraph shall be deemed given when received or five (5) calendar days from the date of the mailing, whichever occurs fust. Headings. Numbered topical headings, articles, paragraphs, subparagraphs or titles in this Agreement are inserted for the convenience of organization and reference and are not intended to affect the interpretation or construction of the terms hereof. Non-Hiring Statement. During the term of this Agreement and for a period of twenty-four (24) months after the termination of this Agreement, the Customer may not offer to hire or in any way employ or compensate any of the employees of HTE or persons who have been employed by HTE within the immediate past twenty-four (24) months without prior written consent of HTE. Non-waiver. Waiver of any breach or default hereunder shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or of another provision of this Agreement. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to Support Services, and there are no representations, conditions, warranties, or collateral agreements, expressed or implied, statutory or otherwise, with respect to this Agreement other than as contained herein. This Agreement supersedes all previous communications, representations or agreements, either written or oral, between the parties. This Agreement may not be modified or supplemented in any way except by written agreement signed by persons authorized to sign agreements on behalf of Customer and of HTE. Preprinted conditions which vary from the terms and conditions herein, and which are contained in any purchase order or other document submitted hereafter by Customer, are of no force or effect. The parties, each acting with due authority, have executed this Agreement by setting forth their respective signatures: ST. LUCIE COUNTY, FL H.T.E., INC. Print Name & Title ~~ Authorized Signature Ronald E. Goodrow Executive Vice President, H.T.E., Inc. Print Name & Title ........ ............. . ....... .. ...."... .~:.~ . .." .." . .. . . 0"" ........... ..... .:....:..:.:..:.:..:..:.:..~ ". := .:. ... ..'. .. .. Authorized Signature Date Date HTE, Inc. Support Services Agreement Revised 08230 I 3 STLC-20011379-Support Agreement 12/1910] , , /':.:---. ..-~........, r"-·"'V~ f '..,- ~. / -- ,..1 1---' " , ., -;. '¡~'" <::..~-:5\ . ···u . ·eqcrc.g -533 . -...I H.T.E., INC. SOFTWARE LICENSE Al~D SERVICES AGREEMENT This Agreement for Licensed Program(s) and related Support Services, subject to the limitations and conditions' set forth in tlW Agreement, as more specifically described in the attached Supplement and Schedule(s), is entered into by and between: H.T.E., Inc. (HTE),a Florida Corporation. with its principal pl~ce of business at: 1000 Business Center Drive, Lake Mary, Florida 32746; ST. LUCIE COUNTY, FLORIDA "CUSTOMER", with its principal place of business at 200 Virginia Ave. Fort Pierce, Florida 34982 HTE and Customer agree that when this Agreement is signed by both parties, all terms and conditions contained in this . Agreement will apply to any Licensed Program(s) and/or service(s) offered under this Agreement. HIE will furnish to the Customer by this Agreement: 1. The lITE Licensed Program(s) listed in the Supplements to this Agreement. 2. Grant of a nonexclusive, nontransferable license to use the Licensed Programs on HTE supplied or approved equipment. 3. Support service(s) as described herein. 4. Modifications, training, conversion and project management. services as described herein and listed in the Supplemerit(s) to this Agreement. With respect to the Licensed Program( s), the Customer and HTE agree to accept responsibility for: 1. The installation of the Licensed Program(s) plus any enhancements and/or updates, to be defined by mutual agreement in the implementation pIan. A preliminary Statement of Work outline is included as Exhibit "A". 2, Use of the programs to achieve the Customef's intended results. I. DEFINITIONS "Licensed Program(s)" shall mean a licenSed data program or set of programs, or routines and subroutines, consisting of a series of instructions or statements in machine readable object code form and any related licensed program materials provided for use in connection with the program. Unless otherwise provided herein, the term "Licensed Program(s)" shall refer solely to HTE Licensed Program(s). "- "Machine" or "CPU" or "Hardware" shall mean computer hardware designated, supplied or approved by HTE for operation of any Licensed Program(s). "Source Code" shall mean a copy of the computer programming code in human-readable form and related system documentation. including updates, applicable enhancements, and all pertinent commentary as well as any procedural code such as job control language. HTE License.doc Ver 1/11/99 1 StLucieCtySO-Lic8.5.doc 8/5/99 -... · '-' """ "Object Code" shall mean a copy of the computer programming code assembled or compiled in magnetic or electronic binary fonn on software media, which are readable and usable by machines, but not generally readable by humans without reverse assembly, reverse compiling, or reverse engineering. "Installation Date" shall mean the date that the Licensed Program(s) is installed/loaded on a designated machine. "Delivery Date" shall mean the date that the Licensed Program(s) is received by the Customer. For services, the "Delivery Date" refers to the date services are perfonned. "Acceptance" shall mean that the installed/loaded Licensed Program(s) has gone through the program testing and acceptance period as described in Section VI. "Support Services" shall mean the maintenance and support call services provided to Customer for the HTE Licensed Program(s). II. UCENSE The license granted under this Agreement permits the Customer, subject to the provisions of Sections VITI, IX, X and XII of this Agreement to: a. Use the Licensed Program(s) on the designated Machine(s). b. Copy the Licensed Program(s) in machine readable object code fonn to provide sufficient copies to support the Customer's use of the Licensed Program(s) as authorized under this Agreement. c. Transfer the Licensed Program(s) to a back-up CPU to be used when the designated CPU is temporarily inoperable. d. Modify any Licensed Program(s) to fonn an updated work for the Customer's use, provided that: 1. The Customer supplies HTE with written notification of the modification. 2. The modification is made according to the HTE conventions of the HTE Modification Library and not to the base system. The Licensed Program(s) should not be reverse assembled or reverse compiled in wh?le or in part. Failure to modify the programs in the manner prescn'bed may negate the ability to maintain the Licensed Program(s) by HTE and will relieve HTE of any responsibility to provide support services. Any updated work using portions of the Licensed Prograri1( s) that meets the above criteria will continue to be subject to all terms of this Agreement. e. Have access to a copy of the Licensed Program(s). Unless otherwise provided herein, the Licensed Program(s) are provided in and may be used in machine-readable object code fonn only. HTE offers the Customer, through a third party escrow agent, a Source Code Escrow Agreement that provides for release of the source code version oJ the Licensed Program(s) from escrow upon the occurrence of certain release events, such as HTE's failure to provide required maintenance services as agreed. m. TER.'W T.ais Agreement is effective from the date on which it is signed by both parties and will remain in effect until terminated by the Customer upon one (~ month written notice or by HTE as stated in this section. This Agreement may be terminated by the Customer only when aÌ1Licensed Program(s) have been returned to HTE or destroyed. An authorized representative ofHTE, upon request, shall be afforded sufficient access to Customer's premises to verify that all use of Licensed Program(s) have been discontinued. Notice of discontinuance of any or all licenses shall not be considered notice of termination of this Agreement unless specifically stated. License(s) granted under this Agreement may be discontinued by the Customer upon written notice, effective immediately, during the testing period described in Section VI. lITE License.doc Vcr 1111199 2 StLucicCtySO-Lic8.5 .doc 8/5/99 '-' ""'" lITE may discontinue any license or t=inate this Agreement upon written notice immediately if the Customer fails to comply with the terms and conditions of this Agreement. AJJ.y responsibility of the Customer provided under this Agreement shall not be invalidated due to the expiration, termination or cancellation of this Agreement. IV. HTE SUPPLIED PRODUCT(S) AND/OR SERVICES HTE shall suppIy the Licensed Program(s) specified in the Supplement(s) in machine readable object code form with instructions for installation by the Customer. Standard form options, if applicable, will be provided by IITE. In addition, HTE shall supply related services andlor maintenance, and may supply specialized hardware or other third party products necessary for the performance of certain special features or functions. These services and deliverables, if any, shall be identified and more specificalIy described in the Supplement(s), and shall constitute the complete list of deliverables provided by HTE. HTE assumes no liability for any hardware or other third party products beyond manufacturers' warranty specified in the Supplement(s). v. PRICING Al'ID PAYMENT TERMS All pricing and terms associated with Licensed Program(s) and any other lITE products and services are specified in the Supplement(s) to this Agreement. Unless specified to the contrary, prices quoted in the Supplement(s) to this Agreement are valid for ninety (90) days from the date of HTE's acceptance of the applicable Supplement(s). HTE may increase its prices without notice on items not provided for in the Supplement(s). Fees for HTE Support Services are payable prior to the commencement of such Support Services. Should Customer require Support Services prior to receipt of payment and the contractual start date of such Service, Customer will be billed at the then prevailing hourly rate until payment is received. Fees for support services for any third party products provided for under this Agreement shall be payable to and in accordance with the provisions of the third party Vendor unless otherwise specified in the Supplement(s). Any taxes resulting from this Agreement or activities resulting from this Agreement, including but not limited to sales andlor use tax, will be the responsibility of the Customer. HTE will accept an exemption certificate from the Customer in lieu of taxes if the Customer qualifies for exempt status. Such exemption certificate will need to be provided to HTE upon contract execution. VI. LICENSED PROGRAJ.)1 TESTING Al'ID ACCEPTANCE Begi¡Îning on the date ten (10) days after delivery of the Licensed Program(s) by HTE, the Licensed Program(s) will be available for non-productive use for testing for a period of thirty (30) days. This testing period is to determine whether the Licensed Program(s) functions operate together and whether the Licensed Program(s) meet the Customer's specifications andlor requirements. At any time during the testing period, upon written notice, the Customer may discontinue the Licensed Program(s) and receive full credit or refund for the amount of the license fee. If written notice of discontinuance is not received by lITE prior to the end of the testing period, or if the Customer uses the Licensed Program(s) for other than non-productive use during the testing period, the Licensed Program( s) shall be deemed to be accepted under the provisions of this Agreement. VII. LICENSED ~ROGRAM SERVICES Training on HTE Licensed Program(s), if necessary, will be provided for in the Supplement(s) and will be invoiced as incurred at the completion of each 1raining session at the rate specified in the applicable Supplement(s). The Customer understands that the number of training sessions and the number of hours of training vary per application, and are estimated based on lITE's experience in the training of other Customers for the same applications. Additional1raining can be provided upon request of the Customer at the then prevailing rate per hour. Conversion, if necessary, will be provided for in the Supplement(s) and will be invoiced as incurred at the rate specified in the applicable Supplement(s) or at lITE's then prevailing rate per hour. HTE will work with the City to obtain existing HTE License.doc Vor 1/11199 3 StLucieCtySO-Lic8.5.doc 8/5199 '-' -...I computerized Sheriff Records Management Files in a format suitable for conversion. IITE will then write a program which will take existing data and convert it into a format useable in the CRIMES Records Management system. HTE will convert the existing records and load them into the CRIMES Records Management System providing the County with access to data previously on their old platform. Input data file clean up shall be the responsibility of the Customer. Additional conversion, if necessary, will be invoiced at the prevailing rate per hour. It is understood that no two systems and file structures are exactly alike and there may be a need for some manual conversion efforts to take place along with the electronic conversion. Modifications, if any, will be provided for in the Supplement(s) and will be controlled by the HTE System Change Request form ("SCR") which will be prepared for the Customer by the HTE Project Manager responsible for that module. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with appropriate payment as provided for in the Supplement(s). Project Management is strongly recommended by HTE, and will be provided for in the Supplement(s) and will be invoiced as incurred. HTE will provide the Customer with the Support Services listed below for the HTE Licensed Program(s) for such period as may be listed in the Supplement(s), and commencing one hundred twenty (120) days after delivery of the Licensed Program(s). Thereafter the Services will be provided on a year-to-year basis provided the Customer exercises the option and pays HTE's annual support fee. a. Toll free telephone support line; twenty-four (24) hours a day, seven (7) days per week. b. Electronic support. c. Product updates and new releases of the covered Licensed Program(s). d. Response to calls, under normal conditions, in approximately two (2) hours of receipt of incoming caIl. e. Error corrections as made. Support requests for the first one hundred twenty (120) days after delivery of the Licensed Program(s) shall be directed to the appropriate lITE project manager or trainer. Support Services do not include maintenance on modifications made to the Licensed Program( s) at Customer's request. If the niodification is one the Customer chooses to effect, without HTE assistance and/or approval, they may do so at their own risk. HTE offers assistance for Customer modifications, which are controlled by the System Change Request (SCR) form. (See Section VTI). By HTE procedure, if the Customer is under maintenance for the modified application, the SCR will automaticaIly add the modification to the maintenance agreement. Upon commencement of the HTE Support Services, telephone support will be provided using a dedicated support telephone number, and the Customer must have Electronic Customer Support installed. Support requests relating, if applicable, to third party þardware or software will be directed to the Vendor of such products unless otherwise provided for in the Supplement(s). Unless otherwise stated herein or in the Supplement(s), HTE shall assume no responsibility for the pricing of, payment to, or provision for support services of any third party Vendors. HTE shall not supply any support services nor be liable for any damages in the event that any portion of the Licensed Program(s) is used on equipment or with software products or software systems other than those supplied or approved by HTE. Customer sha11 receive written authorization from HTE before attaching to the computer system any equipment not supplied or approved by lITE. Authorization shall not be withheld unless said equipment will cause operational damage to the system, or require undue system support from HTE. Customer acknowledges that the systems supplied by HTE have unique operating properties and are a matched system of components which must not be altered, modified, or tampered with without specific assistance from HTE designated personnel. HTE s~ot be liable for any damage or loss of function which results from violating the approve~ operating environment by personnel not approved by HTE. In the event of the failure of any hardware component or other third party product supplied under this Agreement to function or operate in conformance with specifications, HTE shall have no obligation for warranty beyond that of the hardware or other third party manufacturer or that specified in the Suppiement(s). HTE will provide Level I triage diagnostic support. HTE License.doc Ver 1/11/99 4 StLucieCtySO-Lic8.5.doc 8/5/99 . \..; ....." VTII. PROTECTION AI'ID SEC17RITY OF PROPRIETARY MATERIALS The Customer acknowledges that the Licensed Program(s), including the source code, design specifications and associated documentation of the Licensed Program(s), (the "HTE Proprietary Information") constitute proprietary information and trade secrets of HTE and will remain the sole property of HTE. The Customer agrees that it shall not at any time sell, assign, transfer or otherwise make available to, or allow use by, a third party any of the HTE Proprietary Information. The Customer shall hold in confidence the HTE Proprietary Information for its benefit and internal use only by its employees. The Customer further acknowledges that, in the event of a breach or threatened breach by the Customer of the provisions of this paragraph, HTE has no adequate remedy in money damages, and, accordingly, shall be entitled, without bond, to an mjunction against such breach or threatened breach. IX. WARRANTY HTE wanants that for a period of ninety (90) days after acceptance, as provided for in Section VI, the HTE Licensed Program(s) listed in the Supplement(s) will perform in substantial compliance with the reference documentation supplied by HTE, provided the Licensed Program(s) are used m the proper operating environment. HTE will grant an extended ninety (90) day warranty after go live to assure Software and Hardware compatibility. HTE does not warrant that the functions contained m the Licensed Program(s) will meet the Customer's requirement or will operate in the combinations which may be selected for use by the Customer after the ninety (90) day period after the completion of the Licensed Program testing described in Section VI. Any other utility or incidental software distributed by HTE will be on an "AS IS" and ''WITH ALL FAULTS" . basis without warranty of any kind either expressed or implied. HTE shall be responsible only for the Licensed Program(s) and products as originally supplied and accepted by Customer, and for changes made to the Licensed Program(s) by HTE's authorized representatives. HTE will not be responsible for the consequences of attempts at changes or modifications to the products and Licensed Program(s) made by the Customer or any other unauthorized party. HTE wanants that it has the right to license the HTE Licensed Program(s) listed in the Supplement(s) and that the HTE Licensed Program(s) does not infringe any mtellectual property of any third party. HTE agrees to mdemnify Customer against expenses, mcluding reasonable attomeys' fees, and liability arismg from any claim of infiingement related to HTE Licensed Program(s) provided HTE shall have the right to control the defense or settlement of any such claim. If use of the HTE Licensed program(s) by the Customer is enjoined by any infringement proceeding, H.TE shall, if possible, obtain without unreasonable expense the right of License for the Customer to use the HTE Licensed Program(s) or if that is not possible, HTE shall refund to the Customer the license fee(s) paid under this Agreement for the particular Licensed Program(s) that is determined to be infringing. HTE does not make any representations or warranties with respect to mtellectual property rights of any third party products. Any such representations or warranties are made solely by the Vendor of such products, and shall not be construed as a wananty with respect to infringement and the like by HTE. HTE l\'lAKES NO WARRANTIES, OTHER TIIA1~ AS STATED HEREIN, WITH RESPECT TO THE PARTICULAR LICENSED PROGRAM(S), EITHER EXPRESSED OR Il\'IPLffiD, INCLUDING AlW IMPLffiD WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. . X. COpy AND USE Customer shall have the right to use the Licensed Program(s) in equipment or systems supplied or approved by HTE while this Agreement is in effect. Customer shall have the right to make copies of the Licensed Program(s) and the associated reference documentation for archival and/or backnp purposes only. Any copies made by Customer shall be the property ofHTE. LIMITATIO~OF LIABILITY AND REMEDffiS XI. To the extent permitted by law, and to the extent provided for under this Agreement, for claims related to bodily mjury, death and damage to real property and tangible personal property, HTE shall mdemnify and hold harmless the Customer from and against all direct damages and costs of any kind, mcluding but not limited to reasonable attomey fees, arismg out of or resulting from any willful or negligent acts, or willful or negligent omissions of HTE, regardless of whether such claims are caused m part by any party indemnified hereunder, but not to the extent that the Customer is legally liable for such damages and costs. In no event, however, will HTE be liable for any consequential damages, including lost profits, savings or reprocurement costs, even if HTE has been advised of their possibility. HTE License.doc VeT 1/11/99 5 S tLucieCtySO-Lic8.5 .do<: 8/5/99 · \.f '..I Except for HTE's obligations to indemnify the Customer under infringement actions, as noted in Sections IX and XII of this Agreement, and claims for personal injury or damages to real or tangible personal property caused by HTE's negligence as noted above, HTE's liability for damages to the Customer for any cause whatsoever under this Agreement, regardless of the form of action, is limited to one and one half (1 Y:) times the total amount of fees paid by Customer under this Agreement for HTE Licensed Program(s) and services, not including any fees associated with HTE project management and related out-of- pocket expenses. In situations involving performance or nonperformance of Licensed Program(s) furnished under this Agreement, the Customer's remedy is (1) the correction by HTE of Licensed Program defects, or (2) if, after repeated efforts, HTE is unable to make the Licensed Program(s) operate as warranted, the Customer shall be entitled to recover damages to the limits set forth in this section. xu. PATENT Ål~ COPYRIGHT INDEMNITY HTE will, at its expense, defend the Customer against any claim that the HTE Licensed Program(s) supplied hereunder infringe aU. S. patent or copyright, and HTE will pay all costs, damages and attorney's fees that a court finally awards as a result of such claim. To qualify for suèh defense and payment, the Customer must: a. Give HTE prompt written notice of any such claim, and b. Allow HTE to control, and fully cooperate with HTE in the defense and all related settlement negotiations. The Customer agrees to allow HTE, at HTE's option and expense, if such claim has occurred or in HTE's judgment is likely to occur, to procure the right for the Customer to continue using the Licensed Program(s) or to replace or to modify them so that they become non-infringing. If neither of the foregoing alternatives is available on terms which are reasonable in HTE's judgment, upon written request, the Customer will return the Licensed Program(s) to HTE, and HTE shall refund to the Customer the license fee(s) paid under this Agreement for the particular Licensed Program(s) that is determined to be infringing. HTE shall have no obligation with respect to any such claim based upon the Customer's modification of the Licensed Program(s) or their combination, operation or use with data or programs not furnished by HTE or in other than the specified operating environment This section states HTE's entire obligation to the Customer regarding infringement. XllI. COPYRIGHT PROTECTION The s9ftware and any written documentation associated therewith are protected under the Copyright Laws of the United States. HTE warrants and Customer acknowledges that HIE has the following exclusive rights with regard to the Licensed Program(s): a. To reproduce the Licensed Program(s) in any or all forms. b. To adapt, transform or rearrange the Licensed Program(s). c. To prepare other products derivative of the Licensed Program(s). d. To control the distribution of the Licensed Program(s). Customer agrees not to violate any of HTE's rights or to assist or aid others in doing so. Customer agrees to preserve all copyright and other notices in the Licensed Program(s) and written documentation. XIV. lVIISCELL~OUS AGREElVIENT PROVISIONS Applicable Law. This Agreement shall be governed by the laws of the State of Florida. Binding Agreement. The individual signing this Agreement and any Supplement(s) to this Agreement for the Customer warrants that they have been duly authorized to bind their respective principals to all rights, duties, remedies, obligations and responsibilities incurred by way of this Agreement and that the Agreement and any Supplement to the Agreement are a valid and binding obligation of the Customer. lITE License.doc Ver l/1l/99 6 StLucieCtySO-Lic8.5.doc 8/5/99 '-' ....; AsSignment. This Agreement and the rights, title, and interest may not be assigned or transferred by the Customer without the prior written consent of lITE, which consent may be withheld by lITE. liTE may assign its rights, title and interest by providing prior written notice to the Customer. Successors Bound. The terms and conditions of this Agreement shall extend and inure to the benefit and be binding on the respective successors and assigns of Customer and liTE. Force Majeure. Neither party shall be held responsible for delay or default of obligations under this Agreement due to fire, riot, acts of God, government rules or regulations, temporary shortages of parts or third party Software, unavailability of such third party Software, or any other similar or dissimilar causes beyond the other party's reasonable control that directly or indirectly delays or prevents such party from timely performance hereunder. Severability. If any term or provision of this Agreement or the application thereof to any entity, person or circumstance shall, to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to entities, persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each remaining term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Notices. Any notice provided for herein shall be in writing and sent by registered or certified mail, postage prepaid, addressed to the party for which it is intended at the address set forth on the first page of the Agreement or to such other address as either party shall from time to time indicate in writing. Any such notice to be deemed to be effective upon receipt or five (5) days . from the date of the mailing, whichever occurs first. Headings. Numbered topical headings, articles, paragraphs, subparagraphs or titles in this Agreement are inserted for the convenience of organization and reference and are not intended to affect the interpretation or construction of the terms thereof. Non-Hiring Statement. During the term of this Agreement and for a period of twenty-four (24) months after the termination of this Agreement, the Customer may not offer to hire or in any way employ or compensate any of the employees of HTE or persons who have been employed by HTE within the immediate past twenty-four (24) months without prior consent ofHTE Non-waiver. Waiver of any breach or default hereunder shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or of another provision of this Agreement. Dispute Resolution. In the event of a dispute arising under this Agreement the objecting party shall notify the other, in writing, of the nature of the dispute, and the parties shall attempt to resolve the issue under dispute within thirty (30) days of notification of the dispute. If no such resolution is found within the thirty (30) day term, then either party may pursue its own legal remedies. Entire Agreement. This Agreement and any Supplement(s) and/or Amendments to this Agreement constitute the entire Agreement between the parties, and there are no representations, conditions, warranties, or collateral agreements, expressed or implied, statutory or otherwise, with respect to this Agreement other than as contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either written or oral, between the parties to this Agreement. This Agreement may not be modified, omitted or changed in any way except by written agreement signed by persons authorized to sign agreements on behalf of the Customer and of liTE. Both parties acknowledge that they have read this Agreement and agree to be bound by the terms and conditions herein. B V1CI P1eøi~t, H.T.E., InC. Date HTE Licensc.doc Vcr 1/11/99 StLucieCtySO-Lic8.5.doc 8/5/99 r.:r:mF'/ i171"r"!b~«:Y '-' -..I SUPPLEMENT TO H.T.E., INC. LICENSE AND SERVICES AGREElVIENT HARD"V ARE PURCHASE AGREE:MENT This Hardware Agreement is a Supplement to the H.T.E., Ine. Software License and Services Agreement (Agreement) dated of even date herewith, between H.T.E., Inc. (HTE) and St. Lucie County Florida (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect. I. HARDWARE HTE shall sell to Customer and Customer shall buy from HTE the Hardware listed on the Schedule(s), under the terms and conditions contained herein. Customer may not cancel or modify any order for Hardware described on the Schedule(s) without the prior written consent ofHTE. II. SYSTEMS SOFTWARE Customer shall receive a license to use the systems software (the "Systems Software") that is provided by the Manufacturer to operate the Hardware and is more fully described on the attached Schedule(s), and title to the Systems Software shall remain with the Manufacturer. Customer agrees to protect the Systems Software, which is and shall remain proprietary to the Manufacturer, in accordance with the Manufacturer's instructions. m. INSTALLATION Customer shall contract with the Manufacturer's Services Officer to arrange for the upgrade and installation of the Hardware listed in the Schedule(s) and shall be responsible for all necessary site preparations prior to and during the installation of the Hardware in accordance with HTE and Manufacturer's instructions. Such site preparations may include, but are not limited to, provisions of electric power requirements, the installation of all required data and power cabling, and the provision of sufficient furniture and flooring for the Hardware. Customer shall bear any costs or penalties incurred by HTE as a result of Customer's failure to provide adequate facilities for installation as per HTE and Manufacturer's instructions or as a result of Customer's failure to accept delivery of the H31:.dware. HTE will advise Customer of shipment notification five (5) days in advance. HTE will arrange for delivery during no=al business hours, as established by the Customer. However, in no event shall any delays in such site preparations by the Customer negate the payment terms as provided for in the Schedule(s) to this Hardware Agreement. In the event that the Customer makes any changes to the Hardware order (i.e. Hardware configuration, delivery date, Customer Facility location, etc.) which results in increased prices from the Manufacturer or the imposition of late order charges/penalties by the Manufacturer, Customer shall reimburse HTE for such charges/penalties or increase in cost at the time ofthosè charges. Customer agrees to grant access to the Manufacturer and/or HTE as needed, to install mandatory engineering changes, order features, or model conversiollS to the Hardware. In conjunction with the installation of the Hardware, HTE will provide, without charge, the Customer with one (1) copy of each of the Manufaa..rer's hardware manuals which have been provided by Manufacturer without charge to HTE.· IV. DELIVERY Delivery dates are approximate and any delivery schedule provided is estimated only and presented in good faith by HTE. HTE will not assume any liability, consequential or otherwise, for any delay or failure to deliver all or any part of the Hardware. RTE Hardware Agreement Vt:r.5/15/99 1 St.LucieCtySO-HDWE.doc 8/5/99 '-' ""'" Customer will pay all installation, set-up, rigging, draying, insurance and shipping charges (F.O.B. place of manufacture). It is the responsibility of Customer, upon receipt, to inspect the Hardware and to note any damage or missing items on the freight bills. V. PRICING AND PAyj\lŒNT TERMS All pricing and terms associated with the Hardware are specified in the attached ScheduIe(s). Amounts payable to HTE as specified are payable in full without setoff or deduction. Any taxes resulting from an agreement between HTE and the Customer or activities resulting from such Agreement, including but not limited to sales and/or use tax, will be the responsibility of the Customer. HTE will accept an exemption certificate from Customer in lieu of ta.'tes if Customer qualifies for exempt status. Such exemption certificate will need to be provided to HTE upon contract execution. HTE will be responsible for taxes based on its income or for any payroll related taxes for HTE employees. VI. MAINTENANCE Maintenance is not provided under the teI111S of this Hardware Agreement Unless otherwise provided for herein, it shall be Customer's responsibility to keep and maintain the equipment in good operating order, and to provide for the maintenance of the Hardware. lITE has advised Customer that maintenance is available from the Manufacturer and other third parties and that securing proper maintenance is essential to the proper functioning of the Hardware and perhaps to the continuation of warranty coverage. lITE makes no claims as to the reputability of any third party maintenance vendors. VII. WARRANTIES HTE is not the manufacturer of the Hardware, and therefore makes no warranties, express or implied, concerning the Hardware and Systems Software. No representation or other affmnation of fact, including but not limited to statements regarding capacity, suitability for use or perfozmance of the Hardware or Systems Software shall be or be deemed to be a warranty or representation by lITE for any purpose, nor give rise to any liability or obligation oflITE whatsoever, and the provisions of any Manufacturer's agreement with HTE setting out the Manufacturer's warranty and service responsibilities together with all limitations thereon and exclusions therefrom are incorporated into and made a part of the Hardware Agreement. Upon full payment of the Purchase Price, lITE shall provide for Customer to receive any and all Manufacturer's warranties in connection with the Hardware and Systems Software and all rights to make claim for breach of warranty which are or may be available with respect to the Hardware and Systems Software and all rights to make claim to the Hardware and Systems Software, to the extent allowed by the Manufacturer. Customer understands that the warranties provided under this Hardware Agreement may commence upon availability of the Hardware for delivery, shipment from the Manufacturer, date of installation or upon a specified period following shipment from the Manufacturer (depending upon the Manufacturer). HTE MAKES NO EXPRESS OR IMPLIED WARRANTIES OF Á1~ KIND, INCUJDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE HARDWARE AND SYSTEMS SOFTWARE, AND EXPRESSLY DISCLAIMS THE SAME. SPECIFICAlLY, HTE DOES NOT WARRANT THE DESIGN OR CONDITION OF THE HARDWARE, ITS MERCHAi.VfABILITY OR ITS FITNESS OR CAPACITY OR DURABILITY FOR ANY PARTICULAR PURPOSE, -THE QUALITY OF THE l\'IATERIAL OR WORKMA."fSHIP OF THE HARDWARE OR CONFORl\'llTY OF THE HARDWARE TO THE PROVISIONS AND SPECIFICATIONS OF Á1~ PURCHASE ORDER OR ORDERS RELATING THERETO. VllI. LIMITATIONS OF LIABILITY ~. Except for lITE's obligations to indemnify the Customer under infringement actions and claims for personal injury or damages to real or tangible personal property caused by HTE's negligence, HTE's liability for damages to the Customer for any cause whatsoever under this Hardware Agreement, regardless of the fonn of action, is limited to the sum value for the product that is the subject of the claim. HTE shall not be liable for any damages caused by delay in shipment, installation, or furnishing of Hardware, Systems Software, or services under this Hardware Agreement and, in no event shall HTE be liable for any consequential damages, including lost profits, savings or reprocurement costs, even if lITE has been advised of their possibility. Any claims or matters related to any liability under this paragraph or any other provision of this Hardware Agreement shall be directed solely to the Manufacturer of the Hardware or Systems Software. lITE Hardware Agreement Ver. 5/15199 2 St.LucíeCtySO-HDWE.doc 8/5/99 '-' ....,,¡ IX. TITLE- SECURITY INTEREST The title and the risk of loss shall pass to Customer on delivery to the camer at Manufacturer's facility unless otherwise noted in the applicable Schedule(s). X. LEGAL FEES AL~ WAIVER In the event of any legal action brought by either party for breach of this Agreement, either party shall be entitled to reimbursement by the defaulting party of all costs, expenses, and legal fees incurred in obtaining a remedy to the breach, including appeal, subject to the limitation of liability provided for in Section XI of the HTE Agreement Failure of either party to enforce the breach of any portion of the Agreement by either party from time to time shall not constitute a waiver of such right in respect to the same or any other breach. XI. COMPLIANCE WITH LAWS Customer shall comply with and conform to all local, municipal, state and federal laws relating to the operation of the Hardware. ST. LUCIE COUNTY, FLORIDA By: v1l1l,) /l ðtK:O Name: PAt! L A A. L Ei.O t ~ CJlú.A r{'¡06 In g - J 0 --£f1 Title Date H.T.E.,INC. By: ~ lITE HardW1ll'C Agreement Ver.5/15/99 3 StLucieCtySO-HDWE.doc 8/5/99 '-" ...,¡ SUPPLElVIENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY A1'ID BETWEEN HTE, INe. AND ST. LUCIE COUNTY FLORIDA SCHEDULE A-PRICING AND PAYMENT SCHEDULE CONTRACT NO. HTE-STLC - 9900493 This Supplement is to the H.T.E., Inc. Software License and Services Agreement (Agreement) dated of even date herewith, between H.T.E., Inc. (HTE) and St. Lucie County, Florida (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect. Designated Machine Use of the Licensed Program(s) provided in this Supplement on platforms other than specified below, without written pennission from HTE, may be subject to an upgrade charge. Type: Model: CPU Number: Total Third Party Software Costs Support tine Senices NfA fA $ 5,000. 7,5 NfA NfA 12,500.00 Ucens e Fee! n 1n1t:dlFees ProjaMgmt. ComenionFeel SUWOrt PLEASE NOTE THAT TA"XES ARE NOT INCLUDED IN THIS SCHEDULE, Al"ID, IF APPLICABLE, WILL BE ADDED TO THE Ai"IOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER. HTE Schedule A Yer.5/15/99 1 St.LucieCtySO.dac 8/5/99 '-" PAYMENT SCHmULE ...,¡ e n Contract Total Contract Execntion ue Incurred! Deli\ered Due As Noted Below"' 1 ;2 . 90 hours @ $ 1601 hr. red Rate s S 20 ,84 .so PLEASE NOTE THAT TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLE, WILL BE ADDED TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER. '"Payments: THE Aj~fOUNTS NOTED ABOVE SHALL BE PAYABLE AS FOLLOWS: HTE License Fees: Third Party License Fees: Hardware Fees: HTE Training Fees: Third Party Training Fees: Installation Fees: Project Management Fees: Conversion Fees: Application Support Fees: Third Party Support Fees: HTE AS/400 Support Fees: Travel and Living Expenses: ~. 50% upon contract execution; 25% upon installation; 25% upon "Go Live" 50% upon contract execution; 25% upon installation; 25% upon "Go Live" 50% within thirty (30) days of contract execution; 50% delivered and installed. On invoice, as incurred On invoice, as incurred. On invoice, as incurred. On invoice, as incurred. On invoice, as incurred Prior to the co=encement of the initial term of support. Support fees for subsequent terms of support will be due prior to the start of that term at the then prevailing rate. Rates for subsequent years of support service are subject to change. Prior to the co=encement of the initial tenn of support. Support fees for subsequent terms of support will be due prior to the start of that tenn at the then prevailing rate. Rates for subsequent years of support service are subject to change. 90 days after installation of the AS/400. AS/400 support fees for subsequent terms of support will be due prior to the start of that term at the then prevailing rate. Rates for subsequent years of support service are subject to change. Actual and reasonable travel and living expenses are in addition to the prices quoted above and will be invoiced as incurred. HTE has provided an estimate of expenses in Exhibit "B". HTE Support Services The initial term of HTE application support services shall co=ence one hundred twenty (120) days after delivery of the Licensed Program(s), and extend for a twelve (12) month term. Subsequent terms of support will be for twelve (12) month periods, co=encing at the end of the initial support period HTE AS/400 Support Line Services will begin ninety (90) days after installation of the AS/400 and extend for a twelve (12) month tenn. Subsequent terms of support will be for twelve (12) month periods, co=encing at the end of the initial support period. lITE Schedule A Ver.5/15/99 2 St.LucieCtySO.doc 8/5/99 '-" ...I Third Party Support Services The initial term of Third Party application support services shall commence one hundred twenty (120) days after delivery of the Licensed Program(s), and extend for a tWelve (12) month term. Subsequent terms of suPport will be for twelve (12) month periods, commencing at the end of the initial support period. HTE Application Training Listed above, if applicable, are the number of days of training for the Licensed Programs listed. Additional application training, if requested by the Customer, can be provided upon request at the standard billing rate in effect at that time, which at the time of this Supplement is One Hundred Sixty Dollars ($ 160.00) per hour, up to One Thousand Two Hundred Eighty Dollars ($1,280.00) per day. The fee quoted does not include travel and living expenses. Third Party Application Training Listed above, if applicable, are the number of training sessions for the Third Party Licensed Programs listed. Additional application training, if requested by the Customer, can be provided upon request at the standard billing rate in effect at that time, which at the time of this Supplement is One Thousand Five Hundred Dollars ($1,500.00) per Session. The fee quoted does not include travel and living expenses. Project~anagenlent A description of the applicable level of Project Management is attached to this Supplement and fees will be invoiced in the amounts and under the terms noted above. A nlutually agreeable work plan will be created by the HTE Project Manager and the Customer. Additional days of Project Management, if requested by Customer, will be invoiced as incurred at the then current HTE daily rate at the standard billing rate in effect at that time, which at the time of this Supplement is One Hundred Sixty Dollars ($ 160.00) per hour, up to One Thousand Two Hundred Eighty Dollars ($1,280.00) per day. The fee quoted does not include travel and living expenses. Modifications Modifications will be controlled by the HTE SCR form which will be prepared for the Customer by the HTE Product Manager responsible for that nlodule. There will be a two hundred fifty dollar ($250.00) non-refundable processing fee for preparation of each SCR requested by the Customer. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with 50% payment, less the processing fee. The fmal 50% payment is due upon completion. Conversion Conversion will be controlled by the HTE SCR form which will be prepared for the Customer by the HTE Conversion Team Manager. There will be a two hundred fifty dollar ($250.00) non-refundable processing fee for preparation of each SCR requested by the Customer. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with fifty percent (50%) payment, less the processing fee. The final fifty percent (50%) payment is due upon completion. Additional conversion, if requested by the Customer after contract execution, will be invoiced at the prevailing rate per hour. It is understood that no two systems and file structures are exactly alike and there may be a need for some manual conversion efforts to take place along with the electronic conversion. SCR formes) for any conversion services included in this Agreement are attached for Customer signature and return to HTE. Cancellation Charges Customer acknowledges that HTE makes every effort to schedule training and project management sessions sufficiently in advance to make effective use of HTE's personnel and to obtain favorable prices for travel and living. Accordingly, the following cancellation charges apply to training or on-site project management sessions canceled at the request of Customer: cancellation within three (3) days of start date, Customer pays fifty percent (50%) of the total price for the training or on-site project management. In addition to the foregoing, Customer shall be obligated to reimburse HTE for any non-refundable expenses incurred by HTE for travel expenses. Notwithstanding the above, HTE will endeavor to reschedule HTE personnel in order to mitigate Custemer's costs and expenses under this paragraph. To the extent HTE is successful in such rescheduling, Customer's payment obligations shall be reduced. Third Party Software and Hardware Unless otherwise stated, Customer shall enter into separate license and/or maintenance agreements with each individual third party hardware or third party software supplier for the equipment or software as may be provided herein. Warranty and maintenance offerings by HTE for its Licensed Program(s) do not apply to any third party hardware or third party software supplied under this Supplement HTEdoes not make any warranties for any non-HTE products unless otherwise provided herein. HTE Schedule A Ver.5/15/99 3 StLucieÇtySO.doc 8/5/99 ,-,. ....., N~n-Hiring Statement During the term of this Supplement and for a period of twenty-four (24) months after the tennmation of this Supplement, the Customer may not offer to lrire or in any way employ or compensate any of the employees of HIE or persons who have been employed by HIE withm the immediate past twenty-four (24) months without prior consent of HIE. Special Provisions Within one (1) year from the date of execution of this Agreement, St. Lucie County will have the option to receive at no cost, a license for the HIE JAILS base application for single facilities. County agrees that the County is responsible for any fees for training, project management, or conversion associated with this option. HTE will accept the signature below of a duly authorized County representative as an authorization to proceed, contingent on the written approval of the County Commission by August 31, 1999. If the County Co=ission fails to approve by this date, the Agreement will be considered null and void. The terms and conditions contained in this Supplement, including the prices, will be honored as set forth herein, provided this Supplement is fully executed by August 15, 1999. . ST. LUCIE COUNTY, FLORIDA H.T.E., INC. By: :4,/ ~t.J d 0Ü'Y;; . ~ (/ Name: PA L! L A- A. I F 1.j ! I ~ fl1CLì rrN2y-¡ go jC:--£1C¡ Title Date By: '-. HTE Schedule A Vr:r.5/15/99 4 St.LucieCtySO.doc 8/5/99 ~ EXHIBIT "A" "'" HTE, Inc. and St. Lucie County FL Preliminary Statement of Wark The purpose of this Preliminary Statement of Work is to provide a document which outlines the steps that will be taken by HTE, Inc. to implement the provisions of the written agreement between St. Lucie County (herein after "the County") and HTE, Inc. (herein after "the Company"). It is designed to be included as an exhibit attached to the agreement between The County and The Company. It precedes a final work plan that will be completed jointly by the County and the Company after contract execution. It is not necessarily all-inclusive and the Company anticipates a much more detailed work plan that will be completed in tandem with personnel from The County once an agreement is executed. Upon execution of the contract the Company will assign an exclusive Project Manager who shall become the sole point of contact for all issues relating to the implementation of this project. HTE will request that the County appoint a project manager from its staff as well who should be the primary point of contact for St. Lucie County departments. The project manager will implement Level II project management as designated in the contract. These services will include: 1. Create a detailed work plan which includes: 2. A) training visits, B) deliverable schedules C) project milestones. 3. Schedule training visits ofHTE Application Specialists, 4. Create the Project Scope Statement that defines deliverables and milestones. 5. Conduct scheduled conference calls with Client Project Manager to review implementation progress and discuss issues regarding training and deliverables. 6. Provide a single point of contact at HTE. 7. Track budget. 8. Maintain Issue Log. 9. Conduct scheduled on-site status meetings with Client Project Manager and or Project Team. IO. Provide Monthly status reports. 11. Maintain the work plan The County's Responsibilities in conjunction with this effort will include: 1. Provide a dedicated Project Manager who monitors and tracks internal client deliverables and tasks and serves as the primary contact for HTE issues. 2. Maintain work plan. 3. Maintain issue-tracking log. 4. Provide a dedicated Project Manager who tracks budget, monitors and tracks internal client deliverables and tasks, prepares monthly status reports and serves as the primary contact for BTE issues. 5. Develop test plans and monitor testing. 6. Participate in scheduled conference calls with HTE Project Coordinator. 7. Coordinate and schedule internal resources for training and review client provided deliverables. Within the ~text of the above, the Company will also: 1. Order, track and arrange for the delivery of hardware components to a site designated by the client. 2. An AS/400 consultant / System Engineer will assist with: a) Project Planning / Management to ensure timely and accurate implementation of deliverables b) Provide pre-site plaxming review c) Perform on-site services such as: 1) installation ofIDM Cumulative system software maintenance tapes SL Lucie County Florida Preliminary Statement of Work 08/05/9 9 \..- EXHIBIT "A" ....; 2) i11stallation ofHTE application software 3) define system parameters and devices to the AS/400 4) provide system operations / anm;n;stration training for up to 3 users 3. The Company will provide the County with toll free access to a Technical Support Line that is an HTE service to help enhance the productivity of AS/400 users and support staff. It is designed to provide customers a single focal point for AS/400 system-related issues. HTE Support Line is available 7 days a week, 24 hours a day. HTE Support is accessible either electronically or by telephone. Through this service, The Company will provides assistance with: a) Usage questions for system software such as OfficeVision/400, Query/400, Client Access/400 b) Usage questions for system software integration with HTE applications c) System operator and system administrator usage questions such as responding to messages, security, profiles d) Device set-up and connectivity issues e) System software and hardware upgrade planning f) Assistance with hardware problem notification and management to third party vendors g) System software problem handling and resoIution The company will work with the County to obtain existing computerized Sheriff's Records Management Files in a fonnat suitable for conversion. The Company will then write a program which will take existing data and convert it into a fonnat useable in the CRIMES Records Management system. The Company will convert the existing records and load them into the CRIMES Records Management System providing the County with access to data previously on their old pla1form. The Company will provide qualified trainers on a schedule to be jointly agreed to by the County. These trainers will travel to the County and conduct classes on the various applications purchased under the agreement. Classes will vary in length according to the particular application. For CRIMES Records Management System, the classes will include phases which including teaching County personnel how to set up the applications to meet needs unique to St. Lucie County including security, screen and menu appearance and accessibility, etc. Training will be for both system administrators and end users and is designed to enable students to train fellow employees/future employees in the use of software applications. The Company will monitor the i11stallation of the project and work with County Staff up through the "go- live" phase, and will also do an on-site visit post "go-live" to ensure that the system is meeting the County's needs. The Company will provide regular upgrades to applications software as such upgrades are developed and release and assist with phasing in of upgrades. The Company will provide a 24-hour/7 day per week toll free number for support on software applications. This is distinct from the hardware support line and is designed to answer questions about how to accomplish particular tasks, configuring to best meet the County's needs, etc. The Company will continue to work with the County for as long as our business partnership exists to ensure smooth operation of the system, fumre additional application i11sta1Iations, etc. , Sf;. Lucie CDunty Florida Preliminary Statement Df Work 08/05/99 ~ . . I- m - :::t: >< W () 13 ::s ..,J .w C/,) ;:; .... ~ b .s ca .... 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EQ)...."C:!5 .~ §g~'o ~E c" o~o(/]..9·- 'c üg.:æ~ffie~ co",; Œ:I_'i::"C,+-Q.Q) ; ~ :5 ro ro CD 0 U .... -~\&-:;>"'Cû)'-Q) Q) lI)ëã'>ëñ~:5 .::. - N e:: 0 C::'- . :5ea.. ~ ~....' 0 5. 0 Ci '0 .W:;~U(,)¡¡:~ Q) .- 01 (n'§ () ~'j'!;;'ëñ '§ ::J >-.- u 'E u ~ zUJ.c2:üí()tO ~ Ol-"CII)OEU ro :J: II) u u .- 'õ 9 ~13II)-g() o '~ro,CII)ro~ !2= ëã....ue.-¡ac::o We:: :CE~.bro- roo~Q)'-' Ee.E u Q»II)u"C ë;¡~u.It:.c~æ13Q) 8 u OI~ æ-ê'O'~æ .,,¡g.£ u·-Q).....r:;, ~ =ro'OtOOIe.(,) _œ ~ ~~ e::.Q.ro.2=-::¡ : ~'> cal:~ëã ~ .E üí e. e ~ -g Q) E ·e::E- o()e.u::¡.co 'Eü:5e::.ee Z::¡ EQ) ~ ~ ~.£ u'§ ~ -_ Q)Q)ã»« ()ro~Ciã)"C.... ~E- >::¡.;!1tO =,~ca~~u,-.::.cå ..c ~.~ c:-.~·æ "",,:g E roQ)Q)o.Eo- ()..c:$ e.E:5-:ö: c::'OÜ: æ ~ ~ ~ 0 .£ E .2=- ~ .£ E Q)"C E~.2=-:;:: U::¡ u Q) ::¡ 0 .~ ~ 'æ ~ S .~ () ~ 0"0'0 e::"C Q)'> Q)~ e:: ~=OI~ Q)ë;¡ >.c1:3 0 to ....ooo:c..c:::: .§ ro e. 0 E .c c:: () ~ 13 ~..c:CD:;_ ro CD > n. CD Q~ roroCD:5 ~ -==ªI- Ci g~ai~I~ u.iù5'Eã)e::'Ou",e.,C I- e:: .!!2 - ro e:: ~ <.: E I 81:3,g-5~ä: :g"Q)'§ . . HTE, In~ SYSTEM CHANGE REQUEST CLIENT: APPLICATION: ,uc~e County SCR NUMBER: ~907080 DATE: CÞ..D I II REQUEST DESCRIPTION H.T.E. will convert the customer's existing geo file to H.T.E's gee file. This conversion is offered with the following conditions. Data to be converted must be provided on IBM AS/400 compatible me~Qa in. EBCDIC format. File laycuts with field descriptions must be provided for each data file to be converted. All numeric fields must be right justified and zero filled. All data files must have fixed length records and fixed length fields. The extraction of textual data string ccntent into fixed data fields is not provided. This conversion estimate is based upon the infcrmation available to H.T.E. at this time. Upcn receiving additional conversion information and once the conversion analysis has been done, additional billable hours may be required. Your approval will be secured before any excess charges are incurred. TOTAL HOURS: $160.00 TOTAL COST: $14,400.00 HTE, Inc. CONFIRMATION: CLIENT AUTHORIZATION: t REQUESTED COMPLETION DATE: , ' / rt1>ï ;' ./0~"i/,q¡, INSTRUCTIONS: 1) Sign and remove white copy for your records. ~,~'. ·:::;v ltTÏ'Mf:¡J:Y'·· 2) Return yellow and pink copies to HTE, Inc. - FINANCE/ACCOUNTING DEPT. - . r ï w/ - 31.. Cost is guaranteed for 30 days from the date above. . U . 4) On site installation and training is not included in cost unless spec~fied ~ove... . 5) If this site is under HTE's modification maintenance agreement, thiS mo .._;._ .on,Wij!.~uto":'atiC~ly be put under the plan as well. Should you require furth?r infOrmatio. n .. . .... din. 9 HTE s h1!. ~~. °h. . IÞ. ST- maintenance agreement, please contact HTE's Operations Dep f.\}~.~::~.O) :~7~.,(\Vh ~~ ~~ní\í1'~n~~" .. -, . .~" /J;f/n &t;í,:. ~j~::i::¡CWU(\:.7~-·}I,lIbillingfcrthisrequestwillreíertotheSCRnumber!ocatedat~~'.:.fi9h~· . '." / .."._._.,,, . Please remit 50% of totaj C.cst with signed SCR Work cannot begT..}:If1ii150 ñf]1, '-. j.{)\ /" y...~,/.-- ~/!::"" - . Prices are quoted in U_S. dollars. ~~.;;:: (?:~E..~~.!!!'5."'~':;:;"~. ,~ " . <!> HTE, In~ SYSTEM CHANGE REQUEST CLIENT: St. Lucie County APPLICATION: Crimes Records Manaqement REQUEST DESCRIPTION SCR NUMBER: H.T.E. will convert the customer's to H.T.E.'8 Crimes Records System. the following conditions. existing police records systems This conversion is offered with Data tc be converted must be provided cn IBM AS/400 compatible media in EBCDIC format. File layouts with field descriptions must be provided for each data file to be converted. All numeric fields must be right justified and zero filled. All data files must have fixed length records and fixed length fields. The extraction of textual data string content into fixed data fields is not provided. This conversion estimate is based upon the information available to H.T.E. at this time. Upon receiving additional conversion information and once the conversion analysis has been done, addtional billable hours may be required. Your approval will be secured before any excess charges are incurred. TOTAL HOURS; 0 . 00 TOTAL COST: HTE, Inc. CONFIRMATION: CLIENT AUTHORIZATlON: I REQUESTED COMPLETION DATE: . . ~ ~. .w . ~ :.\ ~ - _ _ _'0.: J 1~' tJ "-j"" ..... --1--,,/ INSTRUCTIONS; 1) Sign and remove white copy for yourrecords. / ,1:-lJ¡ ? . 2). Return yellow and pink copies to HTE, Inc. - FINANCE/ACCOUNTlNG DE. PT. '.' µt¡.... ~:.::-.:(_.::;..r..:, .~y 3)'i:ost is guaranteed for 30 days from the date above. ~::¿':;1,~~V:_,,· : ~. :,; ,;':;';¡I' Co 4) On site installation and training is not included in cost unless speci~~9\re,.· '! >:~,~ . /" "" ., 6) If this site is under HTE's modification mainten~nce agr~ment, ~.~ ~difìC~ti. on. WII~~m. atlc~~ ; .~ (" ST' be put under the plan as well. Should you req~lre furth?r rnfonn'~f.. ?O.~jè9¡¡gIf.1QJ:I._TEs,ro. i '\ . ~ ~""" I. maintenance agreement, please contact HTE s Operations Dep~r~~~-i27~ I ,dÆ ~ ,,~~ ~. ~ ,4' -:''''.1: ~[M~(O~C~-oAllbillingforthisrequsstwillrefertoìheSCRnumber!ocatedatt%r1Ì~... .~ ~',~ . . ~..:(r.', , Please remit 50% of total cost wiih signed SCR Work cannot begin ~~r5p~·. ,'" . s racalVed, , Priœs are quoted in U.S. dollars. '",,, '-' '-' " -)~~. "'<11< '" ...diIL" !iLl·' ./':í':~ '" " ..... ~."~,. '.':>-'.< j ì í' 0,'. ~""~ ~ I '-,:'.f"e·-' . .,~~~ _ _,~,:..:~~f·' ._~<.., AS400 System Proposal ·~t~J:~~,i\ .~~~~ ~",~-.:"~¡~rt./ ·:¿~:ß~·;:\~;:;,;;iþ~'t~fii~~~::··j'S~~!¡::;'~f:~~ ,'\L ¡~~\.:~:\~:~,;¿,. ~<~.: .~~\S:~; t>~~~~~..~~;:;:':?~~:~:,}.?:.> ~< Proposal For: St Lucie County Date: July 20, 1999 Prepared by: HTE, Inc. Systems Marketing Services 1000 Business Center Drive Lake Mary, Florida (407)304-3235 .:--,If.¥~"'~~0;:~~~:¿,,¿:'::?<:frï~ '<'~. ".~l7~~:;;'$:···~j:~r,";~~;~,>0i~¡ 7~ .'.;1 îf¡1~')"-..~.~r.'f~. ',,:;; ,~~- ,,,.;t~:'!l.J ::--:'f~~~'-..r~ ".~f,:tf~f,';,f:' ~~~~t~~,¡)~~~1 ~~~..~J;~ :¡P;L~~~'!~~~ f:\é:~;r-~t~ .~~;7A~;,~_J· '.~~:~ ~~~~.; ~ ~~< :':t~.¡bir~;·1Æ ~t.i:ì - ,:' ~~'g~~?-¡ ~'1;' 7 ' ;~::;~.~.:~~' t~.;·:¡~ ;·.l~~i~;:;.+ ·L! I~~..: ¡>~:~[;f<~~~~,i:E:Ì<';;~" '~~'-:~h~ Warranty HTE will assist Customer in detcmrining the hardware configuration required to run HTE's Licensed Programs. However, HTE cannot provide assur:mces as to hardware perfonnance and useful life because the variables which determine a Customer's utilization and requirements for hardw= are numerous, not predictable within reliable certainty, and may not be finally known until the hardware is being utilized. Confidentiality This hardware configuntion was developed by HTE for's use in evaluating HTE as a potential provider of hardware under this proposal. HTE has expended substantial effort and invested material sums in personnel and systems to develop the methodology used to generate this docwnent and to produce this cus!Drnized~cument for this document is proprietary to HTE. may not disclose this document to any third party and is expres~ly prohibited from providing this document to HTE's competitors or other hardware providers, : .' ":;;f~~::1¿:fii~~Er'~µ:.~{~~~):::': :: :;~~ ... ~:: t~:: ~;~.~>\ ;j:t' ."\ ' ~ ~ ~ ::~~,-;<~~:: _~o~..: ~:';':.:·"::}:f~~t~~::.;~:. ::~~.~~=~;'i~i'~~ ~ ~ " S¡S¡gg HTE System Hardware I Software Investment Summary St. Lucie County CAD & CRIMES Hardware & Software AS/400 System Hardware AS/400 System Software $104,485.00 $65,266.00 $5,844.00 HTE Services AS/400 TechPath 20001 HTE AS400 Support Line Services HTE Network Support Line Services $7,250.00 $5,000.00 $7,500.00 1 Installation and training costs do not include travel and living expenses. These costs will be billed to you as incurred. Other than the HTE Support Fees, the Maintenance Fees sbown are for informational pwposes only. Maintenance fees are payable directly to the Manufacturer or other party providing the maintenance services. Please do not include these maintenance fees in any purchase orders or payments sent to mE. Note: System configurations and sizing are based on information contained in the RFP. mE reserves the right to make changes to the final configuration based on further discussion andlor an on-site analysis. Prices stated are valid for 90 days from the proposal submission date. If applicable, the prices for IBM products and services are subject to change and are submitted for your information only. The termS and policies of the IBM Corporation govern any portion of this proposal relating to IBM products and services. Customer will be charged for real and actual shipping charges. Should the customer request expedited shipping, additional charges may apply. ., St Lucie CAD CRIMES 8 3 99.xls H.T.E., Inc. CONFIDENTIAL Summary '-' ..., Dáte 8/5/99 HTE AS400 System Sizing Memory and Disk Sizing Assumptions St. Lucie County CAD & CRIMES AS/400 Base Memory for Model Concurrent User Memory Requirement Additional Memory Required for the HTE Application Environment 2061 Processor ( 50 ( x 3.5 MB) 216 MB) 256 ME 175 ME 216 ME Memory Total 647 ME '-. St Lucie CAD CRIMES 8 3 99.xls H.T.E., Ine. CONFIDENTIAL Sizing ill f, . '-' ~ Date: 8/5/99 " . HTE System Hardware / Software St. Lucie County CAD & CRIMES 1 $18,961.00 1 5769-VP1 VALUPAKFOR V4 1 $24,000.00 Package (PT1) P20 1 5769-QUl Query 1 Basic OTC P20 Zero Priced 1 5769-8T1 DB2 Query Manager and SQL Dev Ki 1 Basic OTC P20 Zero Priced 1 5769-XW1 Client Access Windows Family 5769-PTl Performance Tools/400 V4 1 5769-PWK ADTS + Pak $9,000.00 P20 OTC 5769-PW1 ADTS 5769-CL3 IBM VisualAge RPG and CODE/400 5769-881 Operating System 1 P20 Basic OTC 08/400 1 5769-MQ2 MQ8eries for A8/400 1 $6,000.00 P20 Basic OTC MQSeries 1 5769-RGl ILE RPG for AS/400 1 $7,2QO.00 P20 Basic OTC ILE RPG 1 - 5755-AS5 SYSTEM PROGRAi.VI ORDER 1 $105.00 Initial Preload P20 Group 1 MQSeries (5769-MQ2) 1 Billing for InstalL'Pre1oad Back 1 Backup CD MEdia 1 Tips and Tools 1 Backup and Recovery 1 SW Discount Total Software Price 15% ($9,789.90) $55,476.10 51 Lucie CAD CRIMES 8 3 99.xls H.T.E., Inc. Confidential As400 \..,< ....¡ Date: 8/5/99 HTE System Hardware / Software St. Lucie County CAD & CRIMES Svstem Publications 5769-881: Internet Connection Server Quick Begm Performance Management Offerings and Service Toolbox Java Sefup Guide AS/400 Advanced Series Softcopy CDROM AS/400 Welcome CD Cover Letter Java Borland CDROM Getting to Know the AS/400 CDROM AS/400 V4 System Library Poster Introducing Performance Mgmt SS Brochure Layout (US/CAN) SS Brochure Layout (EMEAJLA) SS Brochure Layout (AP South) 5733-SM3: SS Thank You Letter and Addendum Z125-5788 (EMEAlLA Only) 5755-AS5.8136: Tips and Tools Tips and Tools for Securing Your AS/400 5755-AS5.8I37: Backup and Recovery Backup and Recovery Software Subscriptions Monthly Charge 1 Year 2 Year 3 Year 4 Year 5 Year 570.00 6670.00 12984.00 18961.00 24619.00 29975.00 I This stand alone software maintenance offering will provide entitlement to AS/400 program updates (release and version upgrades). Subscription to this Software Maintenance Offering is required for Version 4 customers to ~in future program upgrades. This DOES NOT include telephone software support. 2 Assumes that AS/400 will not be used as the LAN e-mail and/or word processing. If AS/400 is going to be used for e-mail and/or word processing then the price per user would have to be added. 3 Installation and training costs do not include travel and living expenses. These costs will be biIIed to you as incurred. St Lucie CAD CRIMES 8 399.xls H.T.E., Inc. Confidential As400 . FI:"'E No. 13808/'04 "'109:31 m:St. Lucie Cty. Sheriff ~o Fax Note ~2, 561 462 3353 PAGE 1 ~ ...., "I @ No. 01 ~O'J J... Tajt§tli I" ,,'" '1, I :l$"' 11.177. rrom j::ÍISfe c;h.... -n-.. (),,>'IA..5" X M.c :;J::;,~,..W ~r it ¿\.(u¿ COt,J"í1-ÞL, SN.r¡'({;s cPCú LœtIIon . , I _..1.' Dope. C~go tr /111 S ~mí7 ~I' T~~~ 489 -SJ$1 ~r'o::J. - :5Øl./;). ~: DDoot~ DFllwm DCalbr~~ 4 hdrJ colt 1# +/...,'f M€h?o (.,..Jill be.. :5<.f1-1- ,+0 ~ou. VIi:!. ,Í'tkr.-o{'.;Pwa1et'-¡. :D~ nr1. i.r \oj ~·u:..I S-\-o WC,4.. CO<.Lf'I.+y ~~ $('V'v'irJ..:l rolepronO« 4(,::<- IYlIJ . T~ " · lŒIIIOn Fu, CcmIMl1t3 - ..0 .__... _'._.. ....__. .__. ,__... _ ._. ._ ____ __..._ _. MEMORANDUM TO: Dennis Wetzel Director of Automated Services St. Lucie County Inspector Thomas J. MClnemey~y. Department of Administration St, Lucie County Sheriff's Office FROM: DATE: - SUBJECT: HTE CRIMES COMPUTER SYSTEM .............................................................. ~The Sheriff's Office will provide support for the Implementation of the new Police Records System which St. Lucie County Is acquiring from HTE, Inc. The HTE Crimes Software requires the Sheriff oedes and tables to be entered for Police Records System to be Implemented property. The Sheriff will assign a designated coordinator to interface with th8 HTE project manager and the county ataff. The Shariff staff will hendle the er¡tering of the approprlstl,' police codes for the HTE Crimes System. Our . contact persò'n will assure that the appropriate Sheriff staff are made I!Ivaílable for training on the Crimes System conducted by HTE. The Sheriff's Office will provide the name of their contact person, phone number. and location to the county for the purpose of a liaison with HTE, Inc. The Sheriff will extend the cooperation to 8sslet the HTE project manager with the implementation of the Crimes System. The Crimes System needs to be compfeted prior to December 31, 1999 and fully operational by January 1. 2000. " ,. ........ AGENDA REQUEST ITEM N~ C-10~ DATE: January 8, 2002 REGULAR [ J PUBLIC HEARING [ J CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV. ~. Scott Herring, anager Road & Bridge Division SUBJECT: Approval of the Joint Project Agreement (JPA) with the Florida Department of Transportation (FDOT) to help fund the construction of the intersection improvements at US 1 & Indrio Rd and adoption of Resolution # 02-10 authorizing the Chair to sign the JPA. BACKGROUND: The intersection of US 1 and Indrio Rd. is currently under design by St. Lucie County. As part of the Okeechobee/Delaware Improvements, the Florida Department of Transportation (FDOT) indicated that due to an increased local match requirement for that project, the FDOT would provide $174,126.00 towards another improvement to be performed by the County. Staff is recommending that this funding go towards the construction of the of turn lanes and signalization improvements at the intersection of US 1 and Indrio. This intersection is currently under design and is expected to be ready for construction by October 2002. The total estimated construction cost is $450,000.00. Currently $50,100 is being spent on design and permitting of this intersection. FUNDS AVAILABLE: Funds will be made available for the Construction in 101006-41167-563005- 440017 - Transportation Trust Impact Fees Traffic Signals. PREVIOUS ACTION: Approval of Work Order # 3 with Kimley -Horn and Associates for the design and permitting on May 22, 2001. RECOMMENDATION: Staff recommends that the Board adopt Resolution # 02-1 0 authorizing the Chair to sign the Joint Project Agreement with FDOT for the improvements at the intersection of US 1 & Indrio Rd. COMMISSION ACTION: ~] APPROVED [ ] DENIED [ ] OTHER: [X]County Attorney jJJ. IX]Originating Dept. Public Works IX] Mgt. & Budget [X]Co. Eng. [ ]Purchasing ¥ [X]P.M. Bowers.Asst. PWD [X] Barb Meinhardt. Rev. Coord. ~~~ I ]Finance (check for copy only. if applicable) " ,. , '-" '-' RESOLUTION NO. 02-10 A RESOLUTION AUTHORIZING AND APPROVING EXECUTION OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND ST. LUCIE COUNTY JOINT PARTICIPATION AGREEMENT FOR CERTAIN INTERSECTION IMPROVEMENTS AT SR5 (US1) AND INDRIO ROAD BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS; AND AUTHORIZING THE CHAIRMAN OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE AGREEMENT; 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 Department and the County are desirous of having the County make certain improvements at the intersection of SR5 (US1) and Indrio Road. 2. This Board should authorize and approve execution of the Joint Participation Agreement with the State of Florida Department of Transportation to provide for certain intersection improvements at SR5 (US1) and Indrio Road. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County Florida: 1 . This Board does hereby authorize and approve execution of the Joint Participation Agreement with the State of Florida Department of Transportation to provide for certain intersection improvements at SR5 (US1) and Indrio Road. '-' ...., 2. The Chairman of the Board of County Commissioners and the Clerk are hereby authorized to execute the Joint Participation Agreement approved by this resolution; and further, the County Attorney is hereby authorized to execute the agreement by approving it as to form and correctness. After motion and second the vote on this resolution was as follows: Chairman Doug Coward Vice Chairman Cliff Barnes Commissioner John Bruhn Commissioner Paula A. Lewis Commissioner Fran Hutchinson PASSED AND DULY ADOPTED this 8th day of January, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY " . '-""' FM-,( 403847/1/54/01 Contract No:__ Vendor No: VF 591-474-012-008 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND ST. LUCIE COUNTY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this_day of ,20_, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and ST. LUCIE COUNTY, State of Florida, located at 2300 Virginia, Fort Pierce, Florida, hereinafter called the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain improvements at the intersections of State Road 5 (U.S.l) and Indrio Road, in St. Lucie County, Florida; and, WHEREAS, the DEPARTMENT is prepared to provide funds toward construction and construction engineering and inspection of improvements consisting of a traffic signal supported by mast arm, and eastbound and westbound right turn lanes at the intersection of State Road 5 (U.S.l) and Indrio Road (SLMP 18.711). These improvements are in St. Lucie County and are hereinafter referred to as the PROJECf; and, WHEREAS, the construction of these improvements are in the interest of both the DEPARTMENT and the COUNTY and it wouId be more practical, expeditious, and economical for the COUNTY to perform such activities; and, WHEREAS, the resolution , a copy of which is attached hereto and made a part hereof, authorizes the COUNTY to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The COUNTY shall provide all construction services necessary for completion of the PROJECT. 3. The COUNTY shall obtain any permits necessary to complete the PROJECf. 4. The COUNTY shall make available to the DEPARTMENT upon request any existing schedules relevant to the COUNTY'S construction activities. The COUNTY will revise any PROJECf related plans to reflect 'as- built' conditions upon completion of construction, and shall provide these to the DEPARTMENT. 5. The DEPARTMENT'S TOTAL PROJECf Participation provided for work performed under this Agreement shall not exceed ONE HUNDRED SEVENTY FOUR THOUSAND, ONE HUNDRED TWENTY SIX .lof6 .' - "wII DOLIARS ($174,126.00). The DEPARTMENT's obligation to pay is contingent upon Legislative Budget Approval. '-' The DEPARTMENT agrees to reimburse the COUNTY for costs associated with construction and construction engineering and inspection of the aforementioned improvements in three payments as follows: A) Mter a construction Contractor is selected by the COUNTY but prior to the award of the contract by the COUNTY, the COUNTY shall advise the DEPARTMENT as to the date by which the COUNTY intends to award the Construction Contract. The DEPARTMENT shall, upon receipt of evidence of the COUNTY's award of the Construction Contract, and a properly documented invoice, provide an advance payment to the COUNTY, in an amount not to exceed TWENTY SIX THOUSAND ONE HUNDRED EIGHTEEN DOLIARS AND NINETY CENTS ($ 26,118.90). This represents 15% of the DEPARTMENT'S Total Project Participation. B.) The DEPARTMENT shall, upon fifty percent (50%) completion and after inspection and written acceptance of all project-related construction by the DEPARTMENT, and upon receipt of a properly documented invoice, including an itemized accounting of the initial advance of TWENTY SIX THOUSAND ONE HUNDRED EIGHTEEN DOLIARS AND NINETY CENTS ($ 26,118.90) received by the COUNTY, as detailed in paragraph 6 (A), provide reimbursement to the COUNTY in an amount not to exceed SIXTY THOUSAND NINE HUNDRED FORTY FOUR DOLIARS AND TEN CENTS ($ 60,944.10). This, along with the advance payment, represents 50% of the DEPARTMENT'S Total Project Participation. C.) The DEPARTMENT shall, upon one hundred percent (100%) completion and after inspection and written acceptance of all project-related construction by the DEPARTMENT, and upon receipt of a properly documented invoice, provide reimbursement to the COUNTY in an amount not to exceed EIGHTY SEVEN THOUSAND SIXTY THREE DOLLARS $ 87,063.00. This represents the remaining 50% of the DEPARTMENT'S Total Project Participation. D.) PROJECT costs in excess of the DEPARTMENT's Total Project Participation shall be the sole responsibility of the COUNTY. 6. The DEPARTMENT shall have ten (10) working days to approve any invoice submitted by the COUNTY. PROJECf costs eligible for DEPARTMENT participation will be allowed only from the date of final execution of the Agreement. Travel expenses are not authorized in this AGREEMENT. The COUNTY shall submit invoices for fees and other compensation for services or expenses in detail sufficient for a proper pre- audit and post-audit thereof. Invoice(s) shall be submitted to the State of Florida, Department of Transportation, at 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309. Attention: Jonathan M. Overton, P.E., Assistant District Traffic Operations Engineer. 7. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. 2of6 8. 9. 10. '-' ....,¡ This AGREEMENT shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the PROJECT is completed on or before June 30,2003. The DEPARTMENT shall make payment payable to the "St. Lucie County" and forward to Attention: Scott Herring, P.E. Public Works Director, 2300 Virginia Avenue, Fort Pierce, Florida 34982. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contacts of the DEPARTMENT which are for an amount in excess of $25,000 and which have a term for a period of more than one (1) year. 11. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the COUNTY's general accounting records and the project records, together with supporting documents and records of the Contractor and subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for the proper audit of costs. 12. The DEPARTMENT may cancel this AGREEMENT for refusal of the COUNTY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 of the Florida Statutes, made or reviewed by the COUNTY in conjunction with this AGREEMENT and shall make provisions in its AGREEMENTS with its consultants and sub-consultants to terminate for failure to comply with this provision. 13. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY, to solicit or secure this AGREEMENT, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the COUNTY. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 14. To the extent allowed by the Laws of Florida, the COUNTY hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and suits of any nature arising out of, because of, or due to any negligent and/or intentional act or occurrence, omission, or commission of the COUNTY, its agents, or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 30f6 · 15. 'WI This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. '-' 16. Section 215.422(3)(b), Florida Statutes, request the DEPARTMENT to include a statement of vendor rights in this AGREEMENT. The COUNTY is hereby advised of the following time frames. Upon receipt, the DEPARTMENT has ten (10) days to inspect the goods and services provided by the COUNTY. The DEPARTMENT has twenty (20) days to deliver a request for payment to the Department of Banking and Finance. The twenty days are measured from the latter of the date the invoice is received or the goods and services arc received, inspected and approved by the DEPARTMENT. If payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the COUNTY. Interest payments of less than one (1) dollar will not be enforced unless the County requests payment. Invoices which have to be returned to the COUNTY because of invoice preparations errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided the DEPARTMENT. A Vendor Ombudsman has been established with the Department of Banking and Finance. the duties of this individual include acting as an advocate of the COUNTY in the event that the COUNTY may be experiencing problems in obtaining timely payments from the DEPARTMENT. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline (1-800-848-3792). 17. This document incorporates and includes all prior negotiations, correspondence, conversations, AGREEMENTS, or understanding applicable to the matters contained herein, and the parties agree that there arc no commitments, AGREEMENTS or understanding concerning the subject matter of this AGREEMENT that are not contained in this document. Accordingly, it is agreed that no deviation form the terms hereof shall be predicated upon any prior representation or AGREEMENTS whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed wit the same formality and of equal dignity herewith. 18. The Department agrees to pay the COUNTY for the services herein described at compensation as detailed in this Agreement. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. 19. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for CATEGORY TWO for a period of 6 months from the date of being placed on the convicted vendor list. 4of6 20. .....,¡ Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: '-' Uta the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 Attn: Josephine Softy, Contractual Services Coordinator With a copy to: Jonathan M. Overton, P.E., FDOT Project Manager A second copy to: District General Counsel Uta the COUNTY: St. Lucie County 2300 Virginia Avenue Fort Pierce, FI. 34982 Att: Mr. Scott Herring, P.E. St. Lucie County Public Works Director with a copy to: COUNTY Attorney *** 50f6 '-" IN WITNESS WHEREOF, the COUNTY has causcd this Joint Participation Agreement ~ exeeutcd in its behalf this day of ,20_, by the Board of County Commissioncrs, and the DEPARTMENT has cxccuted this Joint Participation Agreement through its District Secretary for District Four, Florida Departmcnt of Transportation, this _ day of ,2000. Thc effectivc date of this AGREEMENT shall be the datc the last party to this Agreement has signed. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: CHAIRPERSON DlSTRICf SECRETARY ATTEST: ATTEST: COUNTY CLERK (SEAL) EXECUTIVE SECRETARY (SEAL) APPROVED: As to Form APPROVED: BY: DlRECfOR OF ADMINISTRATION COUNTY ATTORNEY Date of Execution: APPROVED: As to Form DlSTRICf LEGAL COUNSEL 60f6 þIØ'- "" ....,J ITEM NO. DATE: AGENDA REQUEST C10b 1/8/02 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): PUBLIC WORKS - BLDG & ZoninQ ~NTED BY: ~ÝL- 1.- Dennis Grim Code Compliance Manager SUBJECT: Network Laser Printers for the Building and Zoning Division BACKGROUND: The (2) network laser printer model #4050TN previously budgeted have been discontinued. The quote from IT for the replacement laser printers model #4100DTN is higher than originally quoted. Therefore, we are asking for an increase of Equipment Request # EQ 02-093 and EQ 02-094 from $1448.00 each to $2098.98 each. Additional funding is available due to the savings on vehicles purchased at a lower amount than originally budgeted. FUNDS AVAILABLE: Funds are available in the Machinery & Equipment account: Number - 491-2415-564000-200. PREVIOUS ACTION: RECOMMENDATION: Staff recommends purchase of laser printers. Additional funding is available due to the savings on vehicles purchased at a lower amount than originally budgeted. aAPPROVED o OTHER: o DENIED NCE: COMMISSION ACTION: u as Anderson nty Administrator l1li County Attorney: ~/ Review and Accrovals l1li Management and BUdget:þ! (rfJ1ff/J D other: (Landfill) l1li Purchasing: t? l1li Originating Dept: (Pub. Wks.) D Other: D Finance: Check for copy only, if applicable: 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. .. ~~ ~T~==J. _ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA A VB FT. PIERCE, FL 34982 ,..., IT QUOTE DATE ESTIMATE NO. 111512001 20 I 0 N.t.r....J NAME/ADDRESS PUBLIC WORKS - BLDG & ZONING Attn: Charlotte LaChance ! P.O. NO. TERMS QUOTE VAliD ... 11/512001 DESCRIPTION OTY RATE TOTAL Hewlett Packard 41 OODTN Laser Printer 1 2,098.98 2,098.98 (Note: 4050DTN is discontinued) VENDOR: CDW-G Banner Vendor #16392 TOTAL $2,098.98 The goods and/or services as quoted hereon have been requested in the quantity 2nd quality stated. AUTHORIZED SIGNATU... > ("¡ ("¡ o c Z -I Z C s: r:c m ? "" co .... ~ .... 01 , 01 ~ C C C ~ C m o Ci ::¡; s: m z -I :;¡¡ m D ~ 111 o c ':-J <::> co w - '-" \ . ~ :Jj :Jj co ctI ctI Q1 ä; g :3 ctI ;¡ Q 0.. (j ;:, Õ' ~ 0.. "' 't:) s: Q ~. CD is êi) ä; ~ ~. ctI 't:) '" 0.. :;¡. ctI - ;:, ciS' o êi) ::J- ::J- "' _ Q¡ s· '<: è'§ _ g¡ s:i6ë;¡ ctI () 0 C') 0 Q: ~g.Q> ~C)2. ~ ;¿:. c:: ~ ë,;"::) -. Q) o g ~ ~ _. Cb ctI '" Õ {g ;:, ::r;- ctI ctI -§ 2 ctI '" 't:) ~ g¡ s::: s: -< 't:) s: 0- ~. CD CD so 0.. 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"'0 enO oe: >z ~~ mo >0 ;;as: NS: 0_ - 0 en ....en ,_ NO gz Nm ;;a en ~ V? /'" .,/ '-" '-' AGENDA REOUEST ITEM NO: C-ll DATE: January 8, 2002 Regular [ ] Public Hearing [ ] Consent [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Beth Ryder SUBMITTED BY: Community Services SUBJECT: Resolution Number 01-05, a Resolution of the St. Lucie County Board of County Commissioners Supporting the "Elder Ready Florida" initiative, and expressing its intent to make St. Lucie County and Elder Ready Community. BACKGROUND: Madeline Smith, Director of External Affairs for the State of Florida Department of Elder Affairs, presented an overview of the Elder Ready Communities Program during the meeting held December 18, 2001. The initiative recognizes the value of elders to Florida, and to our society in general, and the preparation that is needed to be ready to meet the collective needs of the burgeoning elder population. FUNDS AVAIL: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the Chairman to sign Resolution 01-05 in support of the "Elder Ready Florida" initiative. [x] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: CoordinationlSi!rnatures County Attorney: Management & Budget: Purchasing: Originating Department: Other: Other: Finalice: Check for copy only, if applicable: .r , ~ '-' RESOLUTION NO. 01-05 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUPPORTING THE "ELDER READY FLORIDA" INITIATIVE, AND EXPRESSING ITS INTENT TO MAKE ST. LUCIE COUNTY AN ELDER READY COMMUNITY. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, supports the Department of Elder Affairs' initiative to make Florida Elder Ready, so that elders can maintain their independence, remain in their own homes, and actively participate in their own communities as long as possible; and, WHEREAS, the State of Florida has the highest percentage of elders of any state in the nation, and the elder population will continue to increase over the coming years; and WHEREAS, the Board of County Commissioners of St. Lucie County, Florida recognizes the value and benefits of intergenerational connectivity and interdependence; and WHEREAS, the ability of elder citizens to maintain their dignity, security and independence is supported by communities which evaluate, plan and modify their infrastructures to accommodate the needs of their elders; and WHEREAS, St. Lucie County's vision of sustain ability is grounded in principles consistent with those of an Elder Ready Community,; and, NOW, THEREFORE, BE IT RESOLVED THAT the Board of County Commissioners and Staff of St. Lucie County, Florida will work with our community partners and elder citizens to embark on an assessment of our infrastructure and practices, and subsequent planning and modifications with the intent of becoming an Elder Ready Community: After motion and second, the vote on this resolution was as follows: Chairman Doug Coward XXX Vice Chairman Cliff Barnes XXX Commissioner Frannie Hutchinson XXX Commissioner John D. Bruhn XXX Commissioner Paula A. Lewis XXX , , , '-' '-' PASSED AND DULY ADOPTED this 8th day of January, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS By: COUNTY ATTORNEY ;. \.,..f ST. LUCIE COUNTY EROSION DISTRICT ~ BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA January 8, 2002 1. MINUTES Approve the minutes of the meeting held December 11, 2001. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 11 through No. 14 2. PUBLIC WORKS A. Fort Pierce Beach Project /Work Authorization NO.5 (C-00-12-181) - Consider staff recommendation to approve the work authorization for engineering design and environmental permitting services vvith Taylor Engineering, Inc. in the amount of $207,657.98, and authorize the Chairman to execute the work authorization. B. Marlowe & Company Contract Extension - Consider staff recommendation to extend the contract for the period beginning January 1, 2002 and ending December 31, 2002 for a flat monthly fee rate of $2,500 ($30,000 total, which includes professional services and out-of-pocket expenses, to continue coordinating beach efforts in Washington, D.C. and vvith the U.S. Army Corps of Engineers, and authorize the Chairman to execute the contract. C. Fort Pierce Inlet / Work Authorization No. 7 (C-0012-181) - Consider staff recommendation to approve the work authorization to provide a feasibility study for sand bypassing vvith Taylor Engineering, Inc. in the amount of $137,966, and authorize the Chairman to execute the work authorization. D. Shoreline Stabilization at South Causeway Island / Amendment No. 1 to Work Authorization No.5 (C-00-12-181) - Consider staffrecommendation to approve the amendment with Taylor Engineering, Inc. to increase the amount of compensation by $3,934 for additional services, and authorize the Chairman to execute the amendment. 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. indMduals testif¡ing during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability reqLlÍring accommodation to attend this meeting should contact the St. Lucie County CommLlIlity Services Manager at (561) 462- 1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. 01/04/02 FZABWARR FUND 184 TITLE '-' 'WII ST. LUCIE COUNTY - BOARD WARRANT LIST #14- 29-DEC-2001 TO 04-JAN-2002 FUND SUMMARY- EROSION EXPENSES Erosion Control Operating Fund 4,099.32 GRAND TOTAL: 4,099.32 PAGE 1 PAYROLL 2,413.54 2,413.54 '-" """" EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Datc: Dcccmbcr 11, 2001 Tapc: 2 Convened: II: 15 a.m. Adjourned: .11: 16 "a. m. Commissioners Present: Chainnan, Frannie Hutchinson, Doug Coward, Paula A. Lewis, John D. Bruhn, Cliff Barnes Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Marie Gouin, M & B Director, Ray Wazny, Public Works Director, Pete Keogh, Parks and Recreation Director, Bill Blazak, Utilities Director, A. Millie Delgado, Deputy Clerk 1. MINUTES It was moved by Com. Bruhn, seconded by Com. Coward, to approve the minutes of the meeting held November 20, 2001; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS " None 3. CONSENT AGENDA It was moved by Com. Bruhn, seconded by Com. Lewis, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. Warrant List The District approved Warrant List No.8 though 10. 2. Management and Budget Computer Purchase- The District approved the purchase of computer and authorized modification to the Howard Computer Lease to include the additional computers. There being no furthcr busincss to bc brought bcfore the District, the meeting was adjourned. Chainnan Clerk of Circuit Court 12/28/01 F7:ABWARR FUND 184 TITLE '-' ..I ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #13- 22-DEC-2001 TO 28~DEC-2001 FUND SUMMARY- EROSION EXPENSES Erosion Control Operating Fund 182.20 GRAND TOTAL: 182.20 ) ..:. PAGE PAYROLL 0.00 0.00 \..- ....I 12/21/01 ST. LUCIE COUNTY - BOARD DATA PAGE 1 F7,ABWARR WARRANT LIST #12- 15-DEC-2001 TO 21-DEC-2001 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 11,126.88 2,452.38 GRAND TOTAL: 11,126.88 2,452.38 12/14/01 F'7l\.BWARR FUND 184 TITLE '-' '-' ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #11- 08-DEC-2001 TO 14-DEC-2001 FUND SUMMARY- EROSION EXPENSES Erosion Control Operating Fund 682.29 GRAND TOTAL: 682.29 PAGE 1 PAYROLL 0.00 0.00 " '\ '-' AGENDA REQUEST ...,I ITEM NO. C-2A DATE: January 8, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY: ß~~cA- ~ __ ~ald ~t, P.E. County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Work Authorization NO.6 (C-00-12-181) with Taylor Engineering, Inc. to provide engineering design and environmental permitting services in support of the Fort Pierce Beach project in the amount of $207,657.98. BACKGROUND: The most recent USACOE schedule has identified renourishment of the 1.3/2.3-mile beach project in early 2003 and construction of supplemental structures in late 2003 or early 2004. Consistent with previous permitting efforts, the USACOE has agreed to allow the County secure the necessary permits for this project. Several meetings and discussions between the County, FDEP, and USACOE have resulted in a scope of work to accomplish these objectives. This scope of work is included as part of Work Authorization NO.6 with Taylor Engineering, Inc. Costs associated with is work will be credited towards the overall project costs by the USACOE. FDEP will cost share this work through an existing grant agreement (98SL 1) at 50%. FUNDS: Funds for the engineering services will be made available in the following accounts: $103,829 in Account No. 184203-3710-563005-3630; Fort Pierce Beach Restoration Grant. $103,829 in Account No. 184-3710-563005-3630; Erosion Control-Conservation. PREVIOUS ACTION: December 12,2000: Erosion District approved original Consultant's Agreement with Taylor Eng., Inc. RECOMMENDATION: Staff recommends Erosion District Board approval of Work Authorization NO.6 (C-00-12-181) with Taylor Engineering, Inc. and execution of said work authorization by the Chairperson. [~ APPROVED [ ] DENIED [ ] OTHER: Modify to hold off on cost for permitting. COMMISSION ACTION: Do I Anderson Coun y Administrator Coordination/SiQnatures [X]Mgt. & BUdget~ [x]Co. Eng~. [x]Dept. RevenuW \'1'\1 [x]Finance Dept. jf [x]County Attorney [x]Originating Dept. Public wor~~/ :;¡ '-' COQ-12-181 .....,,'W A #6) WORK AUTHORIZATION Engineering Services Related to Engineering Design & Environmental Permitting for the Fort Pierce Beach Renourishment Project Pursuant to that certain Consultant Agreement between the S1. Lucie County Erosion District (the "District") and Taylor Engineering, Inc. (the "Consultant") dated December 12, 2000 (the "Agreement"), Consultant agrees to perform and successfully complete the scope of work as set forth in the Consultant's "Scope of Services", "Work Compensation Sheet", and "Project Schedule" attached hereto and made a part hereof as Exhibits "A", "B", and "C", respectively. The District agrees to compensate the Consultant as set forth in Exhibit "B" and the work shall be completed in accordance with Exhibit "C". IN WITNESS WHEREOF; the District has as hereunto subscribed and the Consultant has affIxed his, its, or their names, or name, on the dates below. WITNESSES: ST. LUCIE COUNTY EROSION DISTRICT· BY: CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: TA:?7H;EE~INC. BY: ( . L "- /'" ~ \.~tu...~ cy- J~If~ Print Name: R. Bruce Taylor, Ph.D., P.E. Title: President Date: 1 2 / 2 1 / 0 1 H,IWP!MISCrrA YLQR. WA '-' '-' Exhibit A Scope of Work for Engineering Services for 2003 Ft. Pierce Beach Renourishment Project The original scope of services, dated August 6,2001, was based on our previous experience with similar projects, and preliminary discussions with St. Lucie County, Jacksonville District Corps of Engineers (COE), and Florida Department of Environmental Protection (FDEP) Office of Beaches and Coastal Systems staff. This revised scope of services incorporates (I) suggestions/concerns of the FDEP staff communicated via their September 17,2001 letter to you and our conversations with Mr. Keith Mille and Mr. Russell Snyder of the FDEP and (2) suggestions of COE staff at the October 22, 2001 Ft. Pierce Beach Shore Protection Project team meeting in Jacksonville. The issues raised by the FDEP and COE and our proposed actions addressing these issues are as follows: FDEP Issue I: Investigate the feasibility of sand bypassing around Ft. Pierce Inlet Proposed Action: Following discussions with the Jacksonville District Corps of Engineers staff (Mr. Rick McMillen, Mr. Joe Gurule, and Ms. Lori Hadley), we have decided to investigate the feasibility of sand bypassing under the auspices of the Ft. Pierce Beach Shore Protection Project Design Documentation Report (DDR). The DDR, currently underway and scheduled for completion in April 2002, is examining aggravated erosion of the 1999 project renourishment with the intent of improving project performance of future renourishments. Since anticipating the recommendations of the study at the present date is not possible, we propose to address the sand bypassing issue and take appropriate actions once the study recommendations become available contingent upon approval of modifications to the scope of work. FDEP Issue 2: Move the pre-application meeting from Task I to the conclusion of Task 2 Proposed Action: We will move the pm·application meeting from Task I to the conclusion of Task 2. We will provide an agenda and read-ahead materials at least 10 days before the meeting. FDEP Issue 3: Estimate downdrift hardbottom impacts for the ] 999 and 2003 renourishment events '-' '-' Exhibit A Proposed Action~ We have added a task (new Task 5) to the scope of work to investigate acreage impacts of down drift hard bottoms attributable to the 1999 and 2003 renourishments. FDEP Issue 4: Provide the FDEP with all collected data in raw format Proposed Action: We will provide the FDEP al] survey data collected during this project in raw format. COE Issue I: Monitor the offshore hardbottom to provide information for COE Environmental Impact Statement (EIS). The COE has indicated that the 2003 project cannot be built until the EIS - which requircs expeditious completion of the hard bottom survey - is finalized. Proposed Action: We have modified the scope of Task 2 to include the offshore hardbottom survey and to document impacts according to the COE guidelines. COE Issue 2: Perform COE plans and specifications surveys for 2003 beach nourishment Proposed Action: We have added a new task (Task 10) to the scope of work to perform beach and borrow area surveys according to COE guidelines. The costs for this task have been prepared assuming that we will piggyback the COE plans and specifications survey requirements for the upcoming 2003 renourishment with the beach profile surveys already approved by St. Lucie County and scheduled for 2002 for monitoring the Ft. Pierce Beach Shore Protection Project. Performing one survey which fulfills the requirements of both the monitoring project and the upcoming renourishment project results in substantial cost savings. The task costs reflect the incremental costs, beyond the costs of the monitoring surveys, required to obtain survey data consistent with COE plans and specifications guidelines. Other than the comments addressed above, we have developed our recommended Scope of Services with the following understandings and assumptions: I) The FDEP requires a new Joint Coastal Permit for the 2003 project. 2) St. Lucie County will provide us with 2001 aerial photo contact prints. 3) The Jacksonville District Corps of Engineers (COE) will provide Taylor Engineering with all necessary field data for the borrow area and nearshore hardbottom. Such data include sediment core borings and analyses, magnetometer surveys, side scan sonar surveys, hard bottom monitoring reports, and diver observation logs. We assumed that work under this contract will require COE plans and specifications-level surveys for the beach and borrow areas but no additional field data collection on '-" ....., Exhibit A the part of Taylor Engineering. Accordingly, this proposal does not include the cost to obtain and analyze additional field data except where specifically noted. 4) Based on conversations with Mr. Rick McMillen (Project Manager, Corps of Engineers), we have assumed that the 2003 borrow area will lie within the limits of Capron Shoal surveyed during the 200 I monitoring of the 1999 Ft. Pierce Beach Renourishment Project. Accordingly, we have not budgeted any time or money to collect or analyze additional field data which would be required if thc borrow area needs to be expanded to accommodate the year 2003 beach renourishment. 5) The County or the COE will obtain all necessary easements. 6) The review of the initial permit submittal by FDEP will require one set of revisions by Taylor Engineering. Additional revisions required as a result of agency comments are not included in the proposed scope of services and may require a cost adjustment to the contract if sufficient funds are unavailable to support the additional work requirement. 7) The northernmost 2,200 ft of the 1999 beach renourishment project, which eroded rapidly, IS an erosion hot spot. We are examining structural alternatives - T-groins, breakwaters, and/or a south jetty extension - to protect this hot spot in a study for the COE. The preferred alternative will be described to a preliminary design level to ensure that the objective of protecting the hot spot is met. This design, suitable for permitting purposes, is not a plans and specifications-level design. Note that the final plans and specifications-level design will be prepared by the COE. 8) In performing this scope of services we will use all applicable data, analyses, and results from related Taylor Engineering projects: · Coastal and Inlet Processes Evaluation: Ft. Pierce Inlet and Adjacent Beaches (2001) · Ft. Pierce Beach Renourishment Monitoring Reports (2000 and 2001) · Design Documentation Report (DDR): Engineering Appendix for Ft. Pierce Beach Shore Protection Project (ongoing) DETAILED SCOPE OF SERVICES Task 1: Assemble and Review Data; FDEP Meeting To begin the permitting process, all pertinent data and reference materials of the original (1999) and ne."t (2003) nourishment projects will be collected, assembled in Jacksonville, and reviewed for completeness and sufficiency to support the pending permit application. Information to be collected includes but is not limited to: · Geotechnical reports and data · Magnetometer survey '-' ..."" · Side scan survey · Borrow area bathymetry · Beach and offshore profiles · Sediment data · 200 I aerial photos · Corps of Engineers (COE) General Reevaluation Report (GRR) · COE project design parameters · COE natural resource monitoring (2000 and 2001) reports Note that the 2001 aerial photos, to be supplied by St. Lucie County, are non-georeferenced contact prints. We will scan the photos and use ground targets to georeference these photos for use in the permit application. Exhibit A COST TASK 1: $10,820.00 Task 2: Peiformallce o/tlte 1999 Project aml Need/or New Project We will review the anticipated physical performance of the 1999 project and compare it with the actual project physical performance as documented in the Ft. Pierce Beach Renourishment Monitoring Reports (Taylor Engineering 2000 and 2001). We will use this comparison, which pinpoints the successes and limitations of the project design methodology, to identify design improvements for the 2003 renourishment project. We will engage Continental Shelf Associates, Inc. to perform a hardbottom mapping survey of the nearshore bottom in the project area. The survey will consist of towed video mapping at 15 transects from R-34 through R-41 and still photography at seven previously established photographic stations. The survey will obtain data from the same transects and photographic stations established for the pre-project and first post-project hardbottom surveys perfonned by Sea Byte, Inc. in 1994 and Dial Cordy & Associates, rnc in 2000. We will compare the results of the survey with the previous surveys to estimatc changes in the amount and characteristics of exposed hard bottom following the 1999 beach nourishment. Together with the survey results, we will use the Taylor Engineering beach profile monitoring data and the 200 I aerial photos to estimate 1999 nourishment project effects on nearshore hard bottom fronting the placement area. We will use the monitoring survey beach profiles to determine the equilibrium toe offill for 2000 and 200 I and relate these to the locations of the fronting hardbottom to estimate environmental impacts. We will investigate and explain any discrepancies between predicted and actual impacts. '-' """" Exhibit A We will use the above analyses, together with the analyses describing engineering and environmental benefits of hard structures to contain erosion hot spots, to provide justification for the 2003 project which will integrate beach renourishment with hard structures. The key objective will be the preservation of the design template over the four-year renourishment interval, as determined by the COE GRR. Following the above analyses, we will schedule and attend a permit pre-application meeting at the FDEP offices in Tallahassee to discuss the project permit application. COST TASK 2: $37,722.70 Task 3: Engineering Design of Project The permit application package reqUIres the following seven categories of analyses: (I) the baseline template to account for existing beach conditions, (2) background erosion, (3) overfill ratio, (4) advanced maintenance requirement, (5) the construction and equilibrium fills, (6) hard structures for erosion hot spots, and (7) anticipated short- and long-tenn fill perfonnance. The design fill volume and, therefore, the design fill sections must be determined in this task. The total fill volume to be placed on the beach is a function of the existing beach and the first five analyses. Hard structures will be required to retain the design template over the renourishment interval. Fill perfonnance analyses are required to design the beach fill and structures and are also permit requirements. Among our objectives in performing thcse analyses is to design the 2003 project so that the equilibrium toe of fill does not extend seaward of the 1999 project equilibrium toe of fill and trigger additional mitigation requirements. These analyses are briefly described next. Baseline Template - Existing beach and dune conditions comprise the baseline template. The 2003 beach fill will be added to the baseline template up to the originally pennitted project extents. O\'erfill Analysis - Grain sizes vary spatially in the Capron Shoal borrow area. Given this variation, the final overfill ratio used to determine the initial fill volume adjustment is a function of the specific area of the shoal to be dredged for the shore protection project as well as native beach sediment characteristics. This analysis will use the specific borrow area geometry to ascertain the final overfill ratio. Using this value, the overfill volume adjustment will also be computed. '-' ....., Exhibit A Background Erosion and Advanced Maintenance Requirement - In addition to the design volume of sand to be placed on the beach, an advanced maintenance volume is customarily added to ensure that the minimum design volume of sand remains at the end of the estimated renourishment interval. Accordingly, the advanced maintenance volume is a function of the background erosion in the project area and the computed performance of the beach fill. Background erosion will be recomputed for this area in light of the accelerated erosion of the 1999 beach renourishment beyond which was greater than designed for by the COE. Construction and Equilibrium Fills - J 999, 2000, and 200 I survey data will be used to design the construction profiles and compute the expected equilibrium profiles. Iterations between the construction and equilibrium profiles across the project length will be nece;sary to ensure that the resultant toe of fill does not impact any additional hardbottom than permitted for the 1999 renourishment project while maximizing placed sand volumes. lIard Structures - We anticipate some form of hard structures - T-groins, south jetty extension, and/or nearshore breakwaters - will be required to retain the design fill template for a minimum of four years (which is the project renourishment interval). These structural alternatives are being evaluated for the DDR, currently being prepared for the COE. The FDEP has indicated that it would like us to also evaluate a field of regular groins as an additional alternative. We will directly use the analyses of the DDR, supplemented with additional engineering and environmental analysis of a regular groin field, to document the relative costs and benefits of the various structural alternatives and to identify the preferred alternative. Fill PelformGnce - The fill will be tapered at the south end to ensure optimal project performance. The beach fill acts as a perturbation to the local shoreline and evolves in a unique manner. A shoreline change model, developed during monitoring of the 1999 renourishment project, will be applied to quantify beach fill evolution to determine the long-term project performance. The model will be modified from its present form to add 011 the effects of hard structures on beach fill evolution. All engineering analyses pertaining to these issues will be performed in this task. COST TASK 3: 517,300.50 \w "-'" Exhibit A Task 4: Borrow Site and Dredging Impacts The COE has identified a large area of Capron Shoal as a prospective borrow area. The dimensions (horizontal limits and depth of cut) of the borrow area will be evaluated and finalized based upon an analysis of borrow area and native beach sediment characteristics. Iterations of borrow area geometry will be necessary to place the best sand on the beach: the objective here is to match the native and borrow sediment size and composition characteristics as closely as possible. We will analyze the physical impact of shoal mining on the fronting county beaches through the application of a wave propagation model. The model will simulate the effects of changing bottom depths on the nearshore wave climate by accounting for refraction, diffraction, shoaling, and breaking. Model application will require long-term wave data analysis and digital terrain modeling of the existing and post-project shoal area. The borrow area template will be optimized based upon wave model results to minimize, if not eliminate, negative impacts to nearby beaches. The results of the investigation will be documented in an attachment for the permit application. COST TASK 4: 518,844.00 Task 5: Downdrift Hardbottom Impacts We will investigate impacts to offshore hard bottom attributable to the 1999 and the 2003 proposed beach renourishments. The objective of these investigations will be restricted to determining areal or acreage impacts to hard bottom only. Based on a conversation with FDEP staff, this task will be performed with existing information including beach profiles, historical shoreline data, previous biological surveys, and aerial photographs. As noted previously, no new field data will be collected in support of this task. We have, however, allocated time for a limited site inspection with FDEP staff. Impacts of 1999 beach renourishment We will estimate impacts which have occurred to hardbottom down drift of the 1999 beach placement area through analyses of (a) historic and 2001 beach profiles (b) historic and 2001 aerial photography, and (c) the 2000 post-project hard bottom monitoring report. '-' ~ Impacts of2003 beach nourishment We will use coastal engineering analyses - addressing fill equilibration, fill dispersion, and background littoral transport - together with 200 I aerial photography to estimate additional, if any, impacts to downdrift hardbottom. We will make one site visit with FDEP staff to observe hard bottom characteristics in the project area. Exhibit A COST TASK 5: $14,358.20 Task 6: Permit Drawings We estimate a total of 18 sheets of drawings (these include three contingency sheets) will be required for the penn it application. Current aerial photography, supplied by St. Lucie County, will be used as the base map for all project plan view drawings, with the exception of those pertaining to the borrow area. The drawing sheets will include: · 1 cover sheet/location map showing project location, sponsor, date, project name and other pertinent information · 1 plan borrow area plan view sheet showing existing bathymetry, core boring locations, territorial sea limits, and specific area to be dredged · 1 borrow area sheet showing core boring logs and sediment grain size distributions for area to be dredged · 1 borrow area sheet showing section view of area to be dredged · 2 sheets showing existing conditions plan view · 2 sheets showing plan view construction drawings, including fill, initial and adjusted toe of fi II, and the landward limits of hard bottom by category · 2 sheets showing fill section views showing construction profile and adjusted profile · 3 sheets showing hard structures · 2 detai I sheets · 3 contingency sheets COST TASK 6: $27,918.00 '-" ...." Exhibit A Task 7: FDEP Permit Applicatioll FDEP personnel have indicated that the project will require a new joint coastal ¡rrmit because of the presence of hard structures. Work here is directed toward the completion and submittal of a permit application package. In addition to the permit drawings described above, the application package will include a tetter of transmittal; detailed project narratives describing (I) a project summary, (2) the performance of the 1999 project and the need for a new projects, (3) the 2003 beach fill and structures, and (4) the 2003 borrow area; all attachments to the permit request; legal descriptions and plots of the project base line (the ECL); and, copies of available geotechnical reports. Other documents and reports will be attached to the application as necessary. Each attachment to the application will be listed and discussed in order of appearance. We will also address the remaining miscellaneous permitting issues the FDEP requires. These include: Water Quality Variance - Discharge operations within the beach restoration area will require a water quality variance. A plume analysis will be performed to support the variance request for an increased distance within which water quality standards will be temporarily exceeded. Legal Descriptions of Proposed Borrow Area and Pipeline Corridor from the Borrow Area to the Beach - A legal description of the borrow site will be provided for obtaining a submerged lands easement from the Florida Division of State Lands. A pipeline corridor will be defined for use by the COE. Staging Areas - Staging areas in the project area will require negotiations with County, FDEP, and COE staff. We will meet with FDEP staff and present the details of our permit application at a meeting in Tallahassee. COST TASK 7: 522,302.00 Task 8: FDEP Permit Revisioll Following the initial submission of the permit modification application package, the FDEP will likely respond with a series of questions requiring additional work and revisions to the project design. Accordingly, one complete revision to the permit application has been budgeted. Work on this task '-" ...., Exhibit A includes revised engineering analyses and calculations (Tasks 3 and 4), the preparation of a completely revised set of permit drawings, corresponding agency liaison for the sole purpose of revision preparation and submittal, and the preparation of supporting correspondence. In particular, the engineering analyses would likely include both the borrow and fill areas. Our experience with similar projects and the nature of the Ft. Pierce Beach offshore environment suggests that the equilibrium fill area, hard structures, fill performance, and borrow area definition will likely need to be addressed. Environmental and physical impacts of any project redesign on the borrow and fill areas will be addressed to support the revised permit application. We have also budgeted for a meeting with FDEP staff in Tallahassee to discuss project concerns. COST TASK 8: $20,316.00 Ta.fk 9: Project Coordination The single most important activity during the permitting process is the establishment and maintenance of a clear line of communications between the applicant and the participating agencies. For this project coordination and liaison activities will be required between St. Lucie County, the Jacksonville District COE, the Fish and Wildlife Conservation Commission (FWCC), U.S. Fish and Wildlife Service (USFWS), and National Marine Fisheries Service (NMFS). Accordingly, we have budgeted five days of Dr. Taylor's and ten days of Dr. Srinivas' time for these three agencies. In addition, because hard structures in beach nourishment projects demand the resolution of key environmental issues, we have also budgeted seven days of Dr. Steve Schropp's time for these agencies to coordinate specific environmental issues following the initial submittal of the application package. Also included are three round trips between Jacksonville to Ft. Pierce Beach, one round trip between Jacksonville and Vera Beach, 83 Vlell as local automobile mileage for six round trips between Taylor Engineering and the COE offices in downtown Jacksonville. COST TASK 9: $23,231.58 Task ]f): Bellc/¡ and Borrow Area Survey.f Taylor Engineering (with its subcontractors) will perform beach and borrow area surveys, consistent with Jacksonville District Corps of Engineers (COE) guidelines, and provide the survey data to \w '-' Exhibit A the COE to assist them in preparing plans and specifications for the 2003 renourishment of Ft. Pierce Beach. Beach Topographic and Hvdrographic Survey Taylor Engineering will engage Morgan & Eklund, Inc. to perform beach surveys according to COE specifications. We will obtain beach monitoring surveys at approximately 500-ft intervals (each half and full FDEP monument) from R-34 to R-41 extending from the FDEP monument to 3,000 ft offshore of the monument. Upon completion of the surveys, Taylor Engineering will submit the data to the COE. Borrow Area Bathvmetric Survey Taylor Engineering will discuss with and obtain from the COE the location of the 2003 prospective borrow area based upon existing data and knowledge. Taylor Engineering will engage Morgan & Eklund, Inc. to perfonn borrow area bathymetric surveys according to COE specifications. We will obtain borrow area bathymetric data along east-west lines at approximate 100-ft line spacing. Based upon existing information, we believe we will survey about 53 line miles. Upon completion of the surveys, Taylor Engineering will submit the data to the COE. Cost Task 10: $14,845.00 SUMMARY Our estimated cost to perform the above described services is $207,657.98. Exhibit B provides an estimated breakdown of these costs. We will perform these services for a lump sum fixed price of $207,657.98. Exhibit C presents the project schedule. '-" EXHIBIT B CONFIDENTIAL: NOT FOR PUBLIC RELEASE TAYLOR ENGINEERING,INC. COST SUMMARY BY TASK P2000-123: FT. PIERCE 2003 SPP PERMITTING .....,¡ TASK 1: Data collection and review; pre-app meeting Labor Days R. Bruce Taylor, Ph.D. 0.250 Vice President 1.250 Director 3.750 Staff Professional 8 750 Senior Technician 2.500 Administrative 1.125 Cost Task Totals 380.00 1,200.00 2,760.00 4,550.00 1,280.00 450.00 Total Man-Days Labor Cost 17.625 10.620.00 Non-Labor Reproduction Total Non-Labor Cost Units 1.0 Cost 200.00 200.00 Total Task 1 10,820.00 TASK 2: Old project performance and need for new project Labor Days Cost Task Totals R. Bruce Taylor. Ph.D. 0.250 380.00 Vice President 4.750 4,560.00 Director 4.750 3,496.00 Staff Professional 6.500 3,380.00 Senior Technician 1.375 704.00 Staff Technician 2.375 684.00 Administrative 0.625 250.00 Total Man-Days 20.625 Labor Cost 13,454.00 Non-Labor Units Cost Computer hours 100.0 600.00 RIT miles Jax-Tall. 380.0 110.20 Days per diem 2.0 100.00 Hardbottom survey (subcontract) 1.0 23,228.00 R/T miles Jax-Ft. Pierce 450.0 130.50 Days per diem 1.0 100.00 Total Non-Labor Cost 24,268.70 Total Task 2 37.722.70 P2000-123 Ft. Pierce 2003 SPP revised.xls '-' EXHIBIT B CONFIDENTIAL: NOT FOR PUBLIC RELEASE P2000-123: FT. PIERCE 2003 SPP PERMITTING ...." TASK 3: Engineering design of fill Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 1.000 1,520.00 Vice President 0.500 480.00 Director 5.000 3.680.00 Staff Professional 17.000 8,840.00 Senior Technician 2.000· 1,024.00 Staff Technician 2.000 576.00 Administrative 0.500 200.00 Total Man-Days 28.000 Labor Cost 16,320.00 Non-Labor Units Cost Computer hours 100.0 600.00 Graphics/reproduction 1.0 50.00 RIT miles to Jax-Ft. Pierce 450.0 130.50 Days per .diem 2.0 200.00 Total Non-Labor Cost 980.50 Total Task 3 17,300.5 TASK 4: Borrow site design and dredging impacts Labor Days R. Bruce Taylor, Ph.D. 0.500 Director 7.750 Staff Professional 16.000 Senior Technician 3000 Staff Technician 3.000 Administrative 1.500 Cost Task Totals 760.00 5,704.00 8,320.00 1,536.00 864.00 600.00 Total Man-Days Labor Cost 31.750 17,784.00 Non-Labor Computer hours Graph ics/reprod uctio n Total Non-Labor Cost Units 160.0 1.0 Cost 960.00 100.00 1,06000 Total Task 4 $ 18,844.00 TASK 5 Hardbottom Impacts Labor Days Cost Task Totals P2000-123 Ft. Pierce 2003 SPP revised.xls ""' '-' EXHIBIT B CONFIDENTIAL: NOT FOR PUBLIC RELEASE P2000-123: FT. PIERCE 2003 SPP PERMITTING R. Bruce Taylor, Ph.D. 0.125 190.00 Vice President 2.825 2,712.00 Director 1.750 1,288.00 Staff Professional 11.500 5,980.00 Senior Editor 0.500 276.00 Senior Technician 1.750 896.00 Staff Technician 4.500 1,296.00 Administrative 1.000 400.00 Total Man-Days 23.950 labor Cost 13,038.00 Non-Labor Units Cost Computer hours 160.0 960.00 1 RIT miles to Jax-Ft. Pierce 380.0 110.20 Per diem days 2.0 200.00 Graphics/reproduction 1.0 50.00 Total Non-labor Cost 1,320.20 Total Task 5 $ 14,358.20 TASK 6: Permit Drawings Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 0.750 1,140.00 Vice President 1.000 960.00 Director 5.125 3,772.00 Staff Professional 18.500 9,620.00 Senior Technician 17.000 8,704.00 Staff Technician 4.000 1,152.00 Administrative 1.125 450.00 Total Man-Days 47.500 labor Cost 25,798.00 Non-Labor Units Cost Computer hours 320.0 1,920.00 G ra ph ics/reproduction 1.0 200.00 Total Non-labor Cost 2,120.00 Total Task 6 $ 27,91800 TASK 7 FDEP Permit Application Labor R. Bruce Taylor, Ph.D. Days 1.750 Cost Task Totals 2,660.00 P2000-123 Ft Pierce 2003 SPP revised. xis "'" EXHIBIT B CONFIDENTIAL: NOT FOR PUBLIC RELEASE P2000-123: FT. PIERCE 2003 SPP PERMITTING ..., Vice President 4.750 4,560.00 Chief Engineer 0.500 392.00 Director 3.000 2,208.00 Staff Professional 14.000 7,280.00 Senior Editor 2.000 1,104.00 Senior Technician 1.500 768.00 Staff Technician 4.000 1,152.00 Administrative 1.125 450.00 Total Man-Days 32.625 Labor Cost 20,574.00 Non-Labor Units Cost Subcontract legal description 1.0 1,220.00 Computer hours 32.0 192.00 Graphics/reproduction 1.0 50.00 RIT miles Jax-Tall. 400.0 116.00 Days per diem 3.0 150.00 Total Non-Labor Cost 1,728.00 Total Task 7 $ 22,302.00 TASK 8: FDEP Permit Revision Labor Days Cost Task Totals R Bruce Taylor, Ph.D. 1.375 2,090.00 Vice President 2.375 2,280.00 Chief Engineer 0.500 392.00 Director 7.000 5,152.00 Staff Professional 10.000 5,200.00 Senior Editor 0.500 276.00 Senior Technician 4.000 2,048.00 Staff Technician 4.000 1,152.00 Administrative 0.625 250.00 Total Man-Days 30.375 Labor Cost 18,840.00 Non-Labor Units Cost Computer hours 160.0 960.00 Graph ics/re prod uction 1.0 250.00 R/T miles Jax-Tall. 400.0 116.00 Days per diem 3.0 150.00 Total Non-Labor Cost 1,476.00 Total Task 8 $ 20,31600 P2000-123 Ft. Pierce 2003 SPP revised. xis '-' ....J EXHIBIT B CONFIDENTIAL: NOT FOR PUBLIC RELEASE P2000-123: FT. PIERCE 2003 SPP PERMITTING TASK 9: COE/CountylWì/dlife Coordination Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 5.000 7,600.00 Vice President 7.000 6,720.00 Director 10.000 7,360.00 Administrative 0.750 300.00 Total Man-Days 22750 Labor Cost 21,980.00 Non-Labor Units Cost Rrr miles Jax-Ft. Pierce (3 trips) 1,350.0 391.50 Days per diem 6.0 600.00 Rrr miles COE (6 trips) 132.0 38.28 Rrr miles Jax-Vero Beach 420.0 121.80 Days per diem 2.0 100.00 Total Non-Labor Cost 1,251.58 Total Task 9 $ 23,23158 TASK 10: Beach and Borrow Area Surveys Labor Days Cost Task Totals Vice President 1.000 960.00 Staff Professional 0500 260.00 Total Man-Days 1.500 Labor Cost 1,220.00 Non-Labor Units Cost Subcontract beach survey 1.0 6,075.00 Subcontract borrow area survey 1.0 7,550.00 Total Non-Labor Cost 13,62500 Total Task 10 $ 14,845.00 Project Total $ 207,657.98 P2000-123 Ft. Pierce 2003 SPP revised xis _. '-' AGENDA REQUEST ...., ITEM NO. C-2B DATE: January 8, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY: -À~~~.~~ __ /fJonald B. WeJt, P.E. County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Authorization to extend the contract with Marlowe & Company for the upcoming year (2002) to continue coordinating beach efforts in Washington, D.C. and with the U.S. Army Corps of Engineers. BACKGROUND: Since acquiring the services of Marlowe & Company in June, 1995, they have effectively communicated and gained support for our project with our Legislative delegation in Washington, D.C. They have assisted in securing critical appropriations and authorizations to construct the 1. 3-m ile project and for the USACOE to complete a GRR to see if federal participation is justified by the addition of one (1) mile to the project length. Just this past year they successfully assisted our Legislative in obtaining $100,000 for the USACOE to initiate a Reconnaissance level study of the southern shoreline and $500,000 to continue moving forward with the 1.3/2.3- mile beach project. With the next renourishment scheduled for early 2003 and the construction of supplemental structures scheduled for late 2003, St. Lucie County needs to be kept well informed on the policies in Washington, D.C. and have the opportunity to position ourselves for federal dollars. This continues to be a very critical time for our projects in Washington D.C. Marlowe & Company has been most successful in their efforts on the County's behalf. Therefore, the Board should consider extending the services of Marlowe & Company from January 1,2002 through December 31,2002. Funds ($30,000) were previously authorized within the FY-2001/02 budget. FUNDS: Funds available in 184-3710-531000-300 (Erosion District Operatina Fund/Erosion District Conservation) PREVIOUS ACTION: July, 1995 to December, 2001: Board approved contract extensions with Marlowe & Company. RECOMMENDATION: Staff recommends the Erosion District Board authorize staff to extend the contract with Marlowe & Company for the period beginning January 1,2002 and ending December 31,2002 for a flat monthly fee rate of $2,500 ($30,000 total), which includes professional services and out-of-pocket expenses; with execution of said contract by the Chairperson. [xl APPROVED [ ] OTHER: [ ] DENIED E: COMMISSION ACTION: (x]County Attorney I ~/ [x]Originating Dept. Public workyf,t", coordination:&~~ [ ]Mgt. & Budget [XJCo.Eng~ I"""""""m ç,,,,,, [ )Finance De t. . iJ1ð,i!... . "" . ~ MARLOWE & COMPANY ...., November 19,2001 Mr. Richard Bouchard Department of Public Works 81. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Bouchard: Thank you for requesting this proposal for an extension of the current contract between 81. Lucie County and Marlowe & Company. This past year, we worked with the County and its congressional delegation to secure funding to complete the General Re-evaluation report of the second shoreline segment and to fund the reconnaissance study of the remaining County shoreline that has not been previously studied by the Corps. The County was successful in obtaining congressional approval for all the funds ($600,000) it requested. Of that total, $100,000 is for the reconnaissance study. This, in congressional terms, represents a "new start. " You will recall that we were unable to secure funding for this study a year ago because of the congressional policy not to fund new starts. That policy persisted this year. However, so did we and the County got the funding it needed. We have also worked with you throughout the year to expedite the Jacksonville District office's work on completing the GRR for the second segment. I know their slowness has been frustrating, but we are working with you to try to get the study completed in time to assure that any congressional action that may be required will meet the deadline for the Water Resources Development Act of 2002 and the congressional appropriations process, as well. I am also aware of the severe problems being encountered at the north end (segment #1), as well as the increasing erosion problems in the south area (the segment that will be included in the reconnaissance study). I understand from you that the County will be asking for "construction" funds to repair the first segment of its beach project in Fiscal 2003. As you know, the Federal government will be under severe fiscal constraints funding FY '03 and possibly FY '04, as well. The County will be facing much more severe competition for scarce dollars than ever before. However, PUBLIC AFFAIRS CONSULTANTS Suite 180 :J 1667 K Street, N.W. :JWashillgton, D.C. 20006-1649 0 (21J2) 775-1796 0 FAX (202) 775-0214 e-mail: marlowe@mail.nctlobbycom 0 Wcb: http://wwwllctlobby.com ...... ~ . ~ . '-" .."", we have the ability and the track record of success to help your congressional delegation obtain the funds you will need. Marlowe & Company proposes an extension of the contract for a period to extend from January 1, 2002 through December 31, 2002. We will assist the County on its shoreline priorities, including approval of the second segment of the beach nourishment project, repairs to the first segment, work with the Corps on the reconnaissance study of the remaining portions of the County's shoreline, and securing any necessary congressional funding associated with these tasks. For this and other work related to the current shore protection projects in the County, we propose a monthly retainer agreement of$2500 per month. inclusive of out-of-pocket expenses. Any out-of-town travel expenses are not included in this fee and will require the prior approval of the County. As in the past, this contract can be tenninated without cause by either party by giving 30 days' written notice. We look forward to working with the County on each of these critical issues in 2002 and to continuing a relationship which has been mutually beneficial. Sincerely, f-JßvvJl2-- Howard Marlowe, President ST. LUCIE COUNTY EROSION DISTRICT BY: CHAIRMAN APPROVED AS TO FORM & CORRECTNESS BY: COUNTY ATTORNEY ATTEST: DEPUTY CLERK 2 '- '-" AGENDA REQUEST 'WI ITEM NO. C-2C DATE: January 8,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY: ~~~~())oQ.. (Donald B. W t, P.E. County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Work Authorization NO.7 (C-00-12-181) with Taylor Engineering, Inc. to provide a feasibility study for sand bypassing at the Fort Pierce Inlet in the amount of $137,966. BACKGROUND: On May 30,1997, FDEP officially adopted the Fort Pierce Inlet Management Study and Implementation Plan. The Plan is based on the supporting data contained in the report, Fort Pierce Inlet Management Plan, prepared by Coastal Planning & Engineering, Inc. The report did not recommend sand bypassing alternatives primarily due to the large quantities of sand required to be placed along the shoreline immediately south of the inlet. However, the adopted plan does recommend a more detailed evaluation of possible sand bypassing alternatives to be considered in the future. With the proposed construction of structures along the immediate shoreline south of the inlet, FDEP has strongly recommended evaluating sand bypassing alternatives concurrently. The scope of work has been reviewed and approved by FDEP and is included as part of Work Authorization NO.7 with Taylor Engineering, Inc. FDEP will cost share this work through an existing grant agreement (98SL 1) at 50%. FUNDS: Funds for the engineering services will be made available in the following accounts: Erosion District: 184-3710-563005-3712 ($68,983); Erosion Control-Conservation FDEP (98SL 1): 184203-3710-563005-3712 ($68,983); Fort Pierce Beach Restoration Grant PREVIOUS ACTION: December 12, 2000: Erosion District approved original Consultant's Agreement with Taylor Eng., Inc. RECOMMENDATION: Staff recommends Erosion District Board approval of Work Authorization NO.7 (C-00-12-181) with Taylor Engineering, Inc. and execution of said work authorization by the Chairperson. COMMISSION ACTION: E: ?(] APPROVED [ ] DENIED [ ] OTHER: [x]County Attorney [x]Originating Dept. PUblicworkS~~ t1J Coordination/Sia natures [X]Mgt. & BUdget~ [X]Co.Eng~ [x]Dept. Revenue C. Tt!::ißftT1 [x]Finance Dept. ..0 JI6- '-" COO-12-181 ...." (W A #7) WORK AUTHORIZATION Engineering Services Related to Fort Pierce Inlet Sand Bypassing Feasibility Study Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District (the "District") and Taylor Engineering, Inc. (the "Consultant") dated December 12, 2000 (the "Agreement"), Consultant agrees to perform and successfully complete the scope of work as set forth in the Consultant's "Scope of Services", "Work Compensation Sheet", and "Project Schedule" attached hereto and made a part hereof as Exhibits "A", "B", and "C", respectively. The District agrees to compensate the Consultant as set forth in Exhibit "B" and the work shall be completed in accordance with Exhibit "C". IN WITNESS WHEREOF, the District has as hereunto subscribed and the Consultant has affIxed his, its, or their names, or name, on the dates below. WITNESSES: ST. LUCIE COUNTY EROSION DISTRICT BY: CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ;¡y JAAÁ-~ TA~~INEE!? INC. BY: l - J JL-- ~~_....~ ~c\ , Print Name: R. Bruce Taylor, Ph.D., P.E. Title: President Date: 1 2/21 /0 1 H:/WP/MrscrrA YLOR.WA '-" ...." EXHIBIT A Scope of Work for Ft. Pierce Inlet Sand Bypassing Feasibility Study This revised scope of work, incorporating changes to the original scope of work dated December 3, 200 I, reflects the suggestions/concerns of the Florida Department of Environmental Protection (FDEP) Office of Beaches and Coastal Systems (OBCS) communicated to you and to us via teleconference on December 17, 200 I and via email on December 20, 200 I. The issues raised by the OBCS and our proposed actions are as follows: Issue 1: Incorporate results of the Sediment Trend Analysis (ST A) project being performed by GeoSea Consulting, Ltd. Proposed Action: We will obtain the STA report from the OBCS and review it in Task 1. We will compare the relevant findings of the present study with STA results and analyze consistencies and discrepancies in Task 3. We will incorporate results of this comparison in the report in Task 6. Issue 2: Why are only five vibracores being collected? Proposed Action: We are collecting eight vibracores in the same areas for an ongoing project with the Jacksonville District Corps of Engineers (CO E). We will use the results of analysis of those vibracores to fine-tune the locations for up to five additional vibracores in the present study. At this juncture, we feel that this number of vibracores suffices for the level of detail needed in a feasibility study. Additional vibracores may be needed during the final design of a bypassing system, should it prove feasible. Issue 3: Include OBCS in the agency coordination task Proposed Action: We have added two days for Dr. Srinivas and one day for Dr. Schropp in Task 5 for coordination activities with the OBCS Issue 4: Provide five copies of the report Proposed Action: We will provide five copies each of the draft and final reports to each the County and the OBCS during Task 6. '-' '-' Issue 5: Provide read-ahead materials and meet with OBCS at the end of Task 3 Proposed Action: We will provide read-ahead materials and meet with the County and the aBCS in Ft. Pierce at the end of Task 3 Issue 6: Provide a schedule which shows that the project will be completed in time to implement a sand bypassing project following the 2003 Ft. Pierce Beach renourishment Proposed Action: The attached schedule has a study target completion date of June 21, 2001, contingent upon the weather conditions encountered during Task 1 (beach and bathymetric surveying; vibracore collection). Issue 7: Provide final report in electronic format consistent with aBCS guidelines. Proposed Action: We will provide the final report in electronic form consistent with aBCS guidelines detailed at http://www.dep.state.fl.us/beaches/data/pdf/jcpsubgd.pdf. Issue 8: Examine adding a weir to the north jetty with a deposition basin as another sand bypassing alternative Proposed Action: We have added this alternative to the suite of existing alternatives in Task 3. Other the comments addressed above, we have this scope of work under the following assumptions: I. We will directly use, to the fullest extent, all pertinent data and results generated for and by the following Taylor Engineering projects: · Coastal and Inlet Processes Evaluation: Ft. Pierce Inlet and Adjacent Beaches (2001a) · Ft. Pierce Beach Renourishment Monitoring (2000,2001 b, and 2001 c) · Design Documentation Report (DDR): Engineering Appendix for Ft. Pierce Beach Shore Protection Project (ongoing) 2. The locations of sand accumulation in the vicinity of Ft. Pierce Inlet with potential for high frequency periodic bypassing are the beach north of the inlet ('north beach'), the ebb shoal, the flood shoals, and the federal inlet channel. Task 1 Data Acquisition and Review This task wiI] fOCllS on the collection and review of existing information pertinent to S1. Lucie County beaches north of Ft. Pierce Inlet and the ebb and flood shoals off Ft. Pierce Inlet. Such information ~ """" includes historical beach profile surveys, bathymetric surveys, aerial photographs, shoreline positions, sediment data, and storm impacts. The bulk of these data is already available in Taylor Engineering archives. Based on our experience with previous projects in the Ft. Pierce Inlet vicinity and our cognizance of the scope of existing data, we have detel111ined that we need additional information to complete the present study. In particular, we propose to gather the following information: 1. Survey onshore and offshore profiles of the north beach from R-8 to R-33 (the region of inlet influence - Taylor Engineering, 2001 a) 2. Survey the bathymetry of the Ft. Pierce Inlet flood shoals 3. Collect a maximum of five vibracores from the flood shoals, ebb shoal, and the north beach intertidal and nearshore regions 4. Obtain and review Corps of Engineers (COE) 1994 Navigation Study for Ft. Pierce Harbor, General Reevaluation Report (GRR). 5. Obtain from the OBCS and review the results of the Sediment Trend Analysis (STA) project currently being prepared by GeoSea Consulting Ltd. The beach profile and bathymetric survey data, collected according to the OBCS survey guidelines, will be certified by a Professional Land Surveyor registered in the State of Florida and presented in a format acceptable by the OBCS. Survey elevations will be referenced to NGVD. The vibracores will be analyzed to determine sand quality (thickness, composition, and size distribution) and to assist in determining the source of these sediments. We will provide all survey and vibracorô-related (specifically, core logs, sieve results, and grain size distribution curves) data to the OBCS. Note that we will not resurvey the ebb shoal because the available 1967 NOS and 1999 Taylor Engineering surveys contain sufficient information to determine long-term ebb shoal characteristics and to determine ebb shoal viability for (partial) excavation. In contrast, the flood shoal, recently surveyed in 1999 (Taylor Engineering, 200 1a), does not have a comprehensive historic survey sufficient to determine its characteristics needed for this study. Consequently, we propose to survey this shoal in 2002 and compare it with 1999 conditions to infer short-term shoaling characteristics. We will supplement this analysis with comparisons of historic aerial photographs, wherever possible, to estimate viability for mining. '-" ~ Also note that we will obtain a total of eight vibracores from the flood shoals, the ebb shoal, and the north beach for the DDR project we have undertaken for the COE. We will use the results of analysis of those vibracores to fine-tune the locations for up to five additional vibracores in the present study. The vibracores proposed in this study will help us refine our understanding of sediment characteristics In prospective borrow areas. Cost Task I $43,468.00 Task 2 Identification of Regions and Rates of Accretion We will examine historic and recent bathymetric and topographic data, shoreline position data, aerial photographs, and the COE 1994 GRR to estimate locations of accretion at the north beach and the ebb and flood shoals since inlet jetties construction in 1921. The analysis will errphasize changes in inlet vicinity behavior over the last 30 years to capture relevant trends pertinent for present needs of sand mining. We will conduct an observation of existing conditions of the north beach. With the locations of sediment accretion identified, we will use bathymetric, topographic, and shoreline data, together with inlet photographs, to detennine shoreline position changes and subaerial and subaqueous sand volume changes in those areas. When required, we will extrapolate shoreline changes to compute beach volume changes in areas where beach profile or bathymetric data are unavailable. We will also evaluate the above findings in the context of the STA study results. We will describe consistencies and analyze any discrepancies in the findings between the present and the ST A study. Cost Task 2 $11,606.00 Task 3 Evaluation of Sand Bypassing Alternatives We will evaluate the following sand bypassing alternatives for relative effectiveness in mitigating the impact of the inlet system on the south beach: · North beach sand mining o Periodic beach face mining o Periodic nearshore dredging ~ ~ o Fixed bypassing plant o Mobile sand bypassing plant · Periodic ebb shoal dredging · Periodic flood shoals dredging · North jetty sand tightening · Channel maintenance dredging · North jetty weir and deposition basin These alternatives will be evaluated singly and in combination with each other. Each alternative will be evaluated for environmental feasibility; technical feasibility; associated costs of installation, construction, excavation, operation, and maintenance; and relative effectiveness. Based on our knowledge of the project area, we assume that the effects of sand bypassing on hardbottom, seagrass beds, and marine turtle nesting will be critical environmental issues. We will use readily available information - including aerial photographs, the Ft. Pierce Inlet Management Plan (I996), and hard bottom surveys of the beach south of the inlet (Sea Byte, 1994; Dial Cordy, 2000) - to estimate hardbottom and seagrass coverage in the borrow and placement areas. We have allocated two days of field time for a two-person team to perform cursory ground-truthing of the coverages developed from these sources. We will review marine turtle nesting data for beaches the bypassing operation would affect. We will also contact Fort Pierce Inlet State Park staff to obtain information about any other critical habitat issues (e.g., shore bird habitat). This scope of work does not include any field mapping or environmental data collection other than specified above. Using the information obtained from these efforts, we will evaluate the environmental impact of sand bypassing alternatives in terms of their spatial and temporal effects on critical natural resources. Technical feasibility will focus on sand accretion volumes and locations; sand layer depth and thickness; sand quality; sand excavation method; method of sand transport to the south beach; plant construction, operation, and maintenance characteristics; known success or failure of comparable efforts; and bypassing effectiveness. The north jetty weir and deposition basin alternative will be evaluated by modifying the existing Ft. Pierce Inlet numerical hydrodynamic model for tidal currents developed earlier by Taylor Engineering (200Ia). The model grids will be adjusted and simulations run for up to three weir and deposition basin '-" ...., scenarios. Hydrodynamic model results will be coupled with sediment transport methodologies to assess the viability of this alternative. Each alternative will be evaluated on a total annualized cost and unit cost (per cubic yard) basis. Future costs will be reduced to present worth values, amortized over the project life, and added to annual maintenance and operation costs to obtain a total annual cost. Those alternatives considered most favorable will then form the basis of the recommended plan. We will submit read-ahead presentation materials in advance of a meeting with the Coupty and the OBCS in Ft. Pierce where we will present the results of Tasks I and 2and the preliminary results of Task 3. Cost Task 3 $46,445.00 Task 4 Recommended Plan Details This task will develop details for the recommended plan of action for bypassing sand around Ft. Pierce Inlet. The preceding tasks will detennine the effectiveness of bypassing sand around the inlet. Should the sand bypassing prove infeasible, this task will elaborate on the reasons - spatially dispersed accretion regions, lack of suitable areas with periodic accretion, proximity of hard bottom or seagrasses preventing sand excavation, etc. If certain bypassing operations are judged feasible and viable, then the sand bypassing alternative considered most appropriate, based upon the evaluation described in Task 3, will be detailed. In support of the recommended sand bypassing plan, a detailed description of the recommended action will be developed including the following: · Plan components, including any mitigation requirements · Costs associated with the recommended plan and the anticipated source of funds for proje:t implementation, operation, and maintenance · Government entities responsible for the implementation, operation, and maintenance of the project · Time estimate and schedule for plan implementation '-' "'" . Anticipated permits, government authorizations, and other agreements required for plan implementation Cost Task 4 $3,560.00 Task 5 Agency Coordination We have budgeted five days for Dr. Srinivas, two days for Dr. Schropp, and one day for Dr. Taylor for coordination and liaison activities between St. Lucie County, the Jacksonville District COE, and the state park north of the inlet. We have also budgeted two days for Dr. Srinivas and one day for Dr. Schropp for coordination activities with the OBCS. Cost Task 5 $10,767.00 Task 6 Report We will prepare a draft report detailing the methods, data collection, analyses, and recommendations of the study. The draft report will be presented to the OBCS and the St. Lucie County at a meeting with the OBCS at Tallahassee. Five copies of the draft report will be submitted to each the OBCS and the County for review and approval. All comments received will be addressed in a final report. Five hard copies of the final report, together with electronic versions consistent with OBCS specifications, will be submitted to each the OBCS and the County. Cost Task 6 $22,120.00 Total Cost $137,966.00 Summary We will perform the scope of services detailed above for a fixed, lump sum fee of$137,966.00. Exhibit B provides a cost breakdown by task and Exhibit C presents a work schedule. The schedule, which assumes a notice-to-proceed date of January 14, 2002, is contingent upon the weather conditions encountered during Task I (beach and bathymetric surveying; vibracore collection). "-' '-' Page 1 EXHIBIT B COST SUMMARY BY TASK P2001-139: FT. PIERCE INLET SAND BYPASSING FEASIBILITY STUDY TASK 1: Data Collection and Review Labor Days Cost Task Totals Vice President 0.50 480.00 Director 3.00 2,208.00 Staff Professional 5.00 2,600.00 Administrative Support 1.25 500.00 Total Man-Days 9.75 Labor Cost 5,788.00 Non-Labor Units Cost Subcontract beach, bathy surveys 1.0 27,305.00 Subcontract vibracores 1.0 10,325.00 Reproduction 2.0 50.00 Total Non-Labor Cost 37,680.00 Total Task 1 43,468.00 TASK 2: Identify Regions and Rates of Accretion Labor Days Cost Task Totals Vice President 0.25 240.00 Director 2.50 1,840.00 Staff Professional 13.50 7,020.00 Senior Technician 3.00 1,536.00 Administrative Support 0.25 100.00 Total Man-Days 19.50 Labor Cost 10,736.00 Non-Labor Units Cost RfT miles Jax-Ft. Pierce 500.0 145.00 Days per diem 1.0 75.00 Computer hours 100.0 600.00 Graphics 1.0 50.00 Total Non-Labor Cost 870.00 Total Task 2 11,606.00 TASK 3: Evaluation of Bypassing Alternatives Labor R. Bruce Taylor, Ph.D. Vice President Chief Engineer Director Staff Professional Days 2.75 4.00 7.00 7.50 40.00 Cost 4,180.00 3,840.00 5,488.00 5,520.00 20,800.00 Task Totals EXHIBIT B ~ """'" Page 2 EXHIBIT B P2001-139: FT. PIERCE INLET SAND BYPASSING FEASIBILITY STUDY Senior Technician 1.00 512.00 Staff Technician 5.00 1,440.00 Administrative Support 1.50 600.00 Total Man-Days 68.75 Labor Cost 42,380.00 Non-Labor Units Cost Computer hours 350.0 2,100.00 Graphicslreproduction 1.0 150.00 Days boat rental 2.0 1,000.00 Days per diem 7.0 525.00 RfT miles Jax-Ft. Pierce 1,000.0 290.00 Total Non-Labor Cost 4,065.00 Total Task 3 $ 46,445.00 TASK 4: Recommended Plan Details Labor Days Cost Task Totals Vice President 0.25 240.00 Director 1.25 920.00 Staff Professional 4.50 2,340.00 Total Man-Days 6.00 Labor Cost 3,500.00 Non-Labor Units Cost Computer hours 10.0 60.00 Total Non-Labor Cost 60.00 Total Task 4 $ 3,560.00 TASK 5: Agency Coordination Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 1.00 1,520.00 Vice President 3.00 2,880.00 Director 7.00 5,152.00 Administrative Support 1.75 700.00 Total Man-Days 12.75 Labor Cost 10,252.00 Non-Labor Units Cost 2 RfT miles Jax-Ft. Pierce 1,000.0 290.00 Days per diem 3.0 225.00 Total Non-Labor Cost 515.00 Total Task 5 $ 10,767.00 '-" '-' Page 3 P2001-139: FT. PIERCE INLET SAND BYPASSING FEASIBILITY STUDY TASK 6: Report Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 0.50 760.00 Vice President 3.50 3,360.00 Director 5.00 3,680.00 Staff Professional 15.00 7,800.00 Senior Editor 2.00 1,104.00 Senior Technician 3.00 1,536.00 Staff Technician 3.00 864.00 Administrative Support 2.25 900.00 Total Man-Days 34.25 Labor Cost 20,004.00 Non-Labor Units Cost Graphics/reproduction 20.0 2,000.00 RIT miles Jax-Tall 400.0 116.00 Total Non-Labor Cost 2,116.00 Total Task 6 $ 22,120.00 Project Total $ 137,966.00 EXHIBIT B § ¡¡ $ ~ ~ § " " ~ i~ ~ ¡¡ I'" " :~ ~ " u o " . ~ i ~ ¡¡ o ¡¡ ~ , Æ § § - ~ I~ I~ ·I~ ,~ '~ ~ 0 10 . ~ 10 I~ ~ J 13 ¡ ~, I I I . : ---; rìfÎI1' finf .. ¡, '. ,2 18 I- 8 ": , , I i ~ ¡, I~ : . , II! ! ! i I ~ I t I~ ¡ ~ : ~ ¡; :..~ i~ ij . I I" I i ~! ,~,3 '¡ ~ f~ I", Ii ! 'e Ii Ii .,1 I,ì I~ :~ :1 ¡~ ¡~ ,f! º _ I, I" I· I" . "" .....,.¡j [ I I · II ¡ t i o i ! ~ :0 ~,j I & & H [I · 0 j ! I. ¡ ! · ,¡ Ii: ~ I ~ õ5. - ~ ~ , ! ~ ~ " '-' ...." AGENDA REQUEST ITEM NO. C-2D DATE: January 8, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY: ~~~f~~%\- County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Shoreline Stabilization at South Causeway Island: Amendment No. 1 to Work Authorization No.5 (C-00-12-181) with Taylor Engineering, Inc. to increase the amount of compensation by $3,934 for additional services. BACKGROUND: On March 24, 1998, the Board approved a scope services for Taylor Engineering to investigate, design, and permit an engineering solution to the eroding shoreline along the South Causeway Island in the vicinity of the Historical Museum. Permits have been secured for the final design consisting of approximately 1,225 LF of rock revetment with a 10' concrete walkway along the upland splash zone. On October 23, 2001, the Board approved Work Authorization NO.5 (C-00-12-181) with Taylor Engineering ($34,030) to update the construction plans and assist with administration & inspection services during construction. While resurveying the project site, there were several additional project features which needed to be identified on the plans including potential utility conflicts and the extension of the sidewalk to the boat ramp area. These additional services are identified in this amended work authorization in the amount of $3,934. Existing Grant funds with FDEP and FIND will be utilized for this effort. FUNDS: Funds for the engineering services will be made available in the following accounts: FIND (SL-01-30): 184804-3710-563005-36204 ($1,967); FDEP (98SL 1 ):184203-3710-563005-36204 ($1,967). PREVIOUS ACTION: December 12, 2000: Erosion District approved original Consultant's Agreement with Taylor Eng., Inc. October 23,2001: Erosion District approved Work Authorization No.5 with Taylor Eng., Inc. RECOMMENDATION: Staff recommends Erosion District Board approval of Amendment No. 1 to Work Authorization No.5 (C-00-12-181) with Taylor Engineering, Inc. and execution of said amended work authorization by the Chairperson. [2i APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: [x]County Attorney ß· [x]Originating Dept. Public Works L0 Coord ination/Sianatures [X]Mgt. & BUdgetj)J m rr0¡ [X]Co.Eng~ [x]Dept. Revenue coo~ 11\1 [x]Finance Dept. fr:. ~ '-" cor )81 ('N Jw¡¡I, Amend #1) FIRST AMENDMENT TO WORK AUTHORIZATION NO.5 Engineering Services Related to Shoreline Stabilization at South Causeway Island Work Authorization No.5 between St. Lucie County Erosion District (the "District") and Taylor Engineering, Inc. (the "Consultant"), for Services related to Shoreline Stabilization at South Causeway Island, dated October 23,2001 (the "Agreement"), is hereby amended to increase the amount of the compensation to be paid to the Consultant to a total not to exceed Thirty-Seven Thousand, Nine Hundred Sixty-Four Dollars ($37,964). The Consultant's additional "Scope of Services", "Work Compensation Sheet", and "Project Schedule" have also been attached hereto and made a part hereof as Exhibits "A", "B", and "C", respectively. All other terms and conditions of Work Authorization No.5 (C-00-12-181) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to Work Authorization No.5 (C-00-12-181) to be executed and delivered on the dates below. WITNESSES: ST. LUCIE COUNTY EROSION DISTRICT BY: CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: TAYLOR ENGINEERING, INC. BY: Print Name: Title: Date: II:/WP/MISC/TA YLOR.WAI .~.. '-" ,.." EXHIBIT A SCOPE OF SERVICES Task 1: Field Locate And Stake Project Features This task begins with in-office reduction of existing survey data to acquire coordinates for location of the sidewalk edge. Using the acquired coordinates, our surveying subconsultant, Morgan and Eklund, Inc. will then field locate and stake the landward edge of the proposed sidewalk to aid in identifying impacts of the new construction on existing site features and upcoming park improvements. Additionally, Morgan's crew will survey locate utilities identified by the County that will be impacted by the new construction. These utilities include water and a sewer service lines as well as various visible appurtenances in the project area including valves, lift stations, and various elements of the electrical service for the docks. This task includes only survey locating the appurtenances identified by the County and does not include the location or identification of any other underground utilities. Taylor Engineering staff will be present to assist the survey crew identifying the features to be surveyed and to observe the staked sidewalk location. Task 2: Incorporate Utilities into Construction Documents Using the survey data acquired in Task 1, we will revise our construction drawings and specifications to include relocation of the affected water and sewer lines as part of the new work. Specifically, our work will include revising the drawings to show the current locations and proposed relocations of the lines, and preparing the necessary specification sections to cover the utility relocation work. We assume that the relocation of the affected portions of the water and sewer lines does not constitute a major change, and accordingly, have not included time to design reconnections or provide detailed drawings ofline reconnections. Task 3: Add Sidewalk Extension to Design The original construction drawings showed a conceptual 10- ft wide extension of the sidewalk from the eastern end of the revetment to the county boat ramp. We will finalize the design for this extension per the County's request to provide six-foot wide walkway. This task entails revising the drawings to indicate the six-ft width and the correct location of the extension. " '-" ..." EXHIBIT B TAYLOR ENGINEERING, INC. COST SUMMARY BY TASK P2001-147: SOUTH CAUSEWAY ISLAND ADDITIONAL WORK TASK 1 : Field Locate/Stake Project Features Labor Days Cost Task Totals Director 1.250 920.00 Staff Professional 0.500 260.00 Senior Technician 0.125 64.00 Staff Technician 0.250 72.00 Administrative Support 0.125 50.00 Total Man-Days 2.250 Labor Cost 1,366.00 Non-Labor Units Cost Survey Subconsultant 1.0 1,068.00 Mileage 440.0 127.60 Meals 1.0 10.00 Total Non-Labor Cost 1,205.60 Total Task 1 2,571.60 TASK 2: Incorporate Uti lites into Construction Documents Labor Days Cost Task Totals Director 0.375 276.00 Staff Professional 0.875 455.00 Senior Technician 0.125 64.00 Staff Technician 0375 108.00 Administrative Support 0.125 50.00 Total Man-Days 1.875 labor Cost 953.00 Total Task 2 953.00 TASK 3: Add Sidewalk Extension Labor Director Staff Professional Staff Technician Administrative Support Days 0.125 0.375 0.250 0.125 Cost Task Totals 92.00 195.00 72.00 50.00 Total Man-Days labor Cost 0.875 409.00 Total Task 3 $ 409.00 Project Total $ 3,933.60 -, '-" '.J () I- m Ï x w N o °eo N_ .... 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