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Agenda Packet 10-23-01
~ -' OCTOBER 23,2001 9:00 AM BOARD OF COUNTY corvrMIssIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CO:\SE.,\;"T AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBUC HEi-\RINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 AM., then public hearings \\ill be heard at 9:00 AM. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NO\'-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBUC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 AM., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is pro\ided 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(4B) hours prior to the meeting. '-' ..." BOARD OF COUNTY COMMISSIONERS www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes Districtl District 2 District 3 District 4 District 5 AGENDA October 23, 2001 9:00 AM. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held October 16, 2001. ftrprùl.!',ui 2. PROCLAMATIONS I PRESENTATIONS I ANNOUNCEMENTS A Excess Revenue - Mr. Bob Davis, Tax Collector, will return excess tax revenues to the Board of County Commissioners. ttq.60¡q/.¡q B. Presentation / Walter B. Jones Environmental Award and NOAA Excellence Awards in Coastal and Ocean Resource Management. C. Resolution No. 01-249 - Proclaiming the month of November, 2001 as "Adoption Awareness Month" in St. Lucie County, Florida Itpfh'vd.. D. Presentation / Letter of Appreciation presented by the Chairman of the Board, to Craig Dunkelberger, P.E. , for his generous donation for the South County Regional Sports Stadium. E. Resolution No. 01-243a - Proclaiming the month of November, 2001 as "Hospice Month - Hospice Care: Comfort and Compassion When It's Needed Most" in St. Lucie County, Florida. ( Presented to Hospice of the Treasure Coast, Inc.) A-fPro~r\el) F. Resolution No. 01-243b - Proclaiming the month of November, 2001 as "Hospice Month - Hospice Care: Comfort and Compassion When It's Needed Most" in St. Lucie County, FI.orida. ( ~resented to Hospice of Martin & St. Lucie, Inc.) ~provre(!l. NOTICE: All Proceedings before this Board are electronically recorded. Arrj 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 individ,,.1 testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the Sl Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' ...." REGULAR AGENDA OCTOBER 23,2001 PAGE TWO G. Announcement / The Oxbow Eco-Center will be open to the public, featuring the "Florida Your Backyard" Exhibit on October 27, 2001 from 10:00 am to 5:00 pm, and October 28, 2001 from noon to 4:00 pm. H. Announcement / The St. Lucie County Legislative Delegation will meet Thursday, December 13, 2001 from 9:00 am to 5:00 pm in the County Commission Chambers. (This meeting has been rescheduled from October 18,2001) 1. Announcement / The November 20, 2001 Board of County Commissioners Meeting has been rescheduled to 9:00 am. The November 27, 2001, December 25, 2001 and January 1, 2002 Board of County Commissioners Meetings have been cancelled. - ]. Presentation / Mr. James Walker, Law Library Board 3. GENERAL PUBLIC COM!vlEl'JT CONSENT AGENDA ~x1l f/34- pf¡1.-5aiJd;ír;rØ JrffJrJIJ. 4. PUBLIC HEARINGS MANAGEMENT AND BUDGET SA Briargate MSBU - Consider staff recommendation to establish transfers b!ttween funds for the County's Revolving Loan Fund & Briargate MSBU ftpprðNZ&:. 5B. Budget Resolution No. 01-255 - Consider staff recommendation establish transfers between funds for the County's Revolving Loan Fund and the MSBU In-Hpuse financing project fund, and adopt Budget Resolution No. 01-255. fp,fJrtJi/I-e..J¿ End of Public Hearings '-" ..,.¡ REGULAR AGENDA OCTOBER 23, 2001 PAGE THREE 6. PARKS AND RECREATION Agreement Approval- Consider staff recommendation to approve the agreements with the Sea Scout Ship "Edwin Binney" Foundation Inc'; AMIST AD America Inc. as drafted by the County Attorney, and authorize the Chairman to sign contingent upon receipt of a letter from the Captain or AMISTAD America, Inc. who own and operate the AMISTAD, confirming the depth of the water at the Summerlin dock is adequate to accommodate the,draft of the schooner, and grant approval for use of the County's portable bleachers by Operation Amistad for the event and waiver of fees at the Summerlin Dock from December 6 through December 16, 2001, the dates of the AMISTAD's stay. ftPprOlJ~ - Ad.ð- TÔG Afloccd(üY\ Q COUNTY ATTORNEY \1) Apprd{'¡J... '. ~)ordinance No. 01-231 Particular Permitted Accessory Structures and Uses in 1o.t£ , ,~'¥ Residential, Agricultural and Planned Unit Development Districts 1 Permission to ÁÌJ¡,c)i~~ Adve~ti~e. .. - Conside:: staff re~ommendation to determine whether to grant ~cfs\'1~~ pt~~ssl(m to ad~:_~~se the ordlllancel Qt0Q( _TaJ'>!b ci r So</.X}101'V cyv Wá~8~rADMINISTRATION ----~.---___________/ 'ì (i c~u'eA~ "'- if, I:l\ QoJ, S / & .0, ( Glll/Ρ Cú ¡J)a..lÒ. VxJ I [îÜ'ì \)J ^:l Bi-weekly Committee Reports - The Board will give update t2n the various ðtY' \ committees and advisory boards that they serve on. ,ß\; \Y~ h " '~ . ~ ~C Co· j r ()51J ~ ~\\Oiv " Þ",1,J,' ,\1',/11','1 -.., ¡"I) I" '.. 'i'-'/¡;j,ji" ~ 111:,1 . .", ml "f......., . If 1~'I~~'hI;,'/I/; r~;/" ': ~'.(/~\)'. \1";(:~JlI,Z. q,'li::'ii¡~ II~. IIlfll \ ", I II~'""" ','¡'!I ~\r . Ii; 1:1/\111/. '~~.. ¡:¡,;¡/!!~ , . 'Ii. ì I ';~ 'i ':',' ·¡'ri1ì¡1 \i I!' J ~~I'(.' .. ,,/4 'l· 1 'II ;:' Ij St." /.:'" .\', I ..,' I, 'I '. . ""1 '·,1 , "t\,; lil.\jl<" '!!'.1 h'~ÍI' \\\1": I I,I~~O'J ~, ., '~I';~)'I ~~!' '-' CONSENT AGENDA October 23.2001 ..." 1. WARRANTS LIST Approve warrants list No.5 5 and No.3 2. COUNTY ATTORNEY A Revocable License Agreement 1 C & 0 Properties, Ltd. a/k/a Coggin Honda 14450 South US Highway No. 1- Consider staff recommendation to approve the agreement, authorize the Chairman to execute the agreement, and directC & 0 Properties, Ltd. to record the agreement in the Public Records of St. Lucie County, Florida. B. Revocable License Agreement 1 Carl A Mareth 1 7001 South Indian River Drive - Consider staff recommendation to approve the agreement, authorize the Chairman to execute the agreement, and direct Mr. Mareth to record the agreement in the Public Records of St. Lucie County, Florida. C. Revocable License Agreement 1 Betkor Properties, L.L.c. a/k/a A-I Truss 1 St. Lucie Boulevard - Consider staff recommendation to approve the agreement, authorize the Chairman to execute the agreement, and direct Betkor Rroperties L.L.c. to record the agreement in the Public Records of St. Lucie County, Florida. / C{)NAñ - r~,uJ, ~S· .iJ{ esolution No. 01-250 - Proclaiming the month of November, 2001 as h;!!!j;rY' Epilepsy Awareness Month" in St. Lucie County, Florida f1JPfòif:e.& . ~O~f¿~ E. Bluefield Road 1 License Agreement with the Florida Department of \ 'II Transportation - Consider staff recommendation to approve the agreement and Resolution No. 01-252 with FDOT, authorize the Chairman to sign the agreement and resolution, and staff also recommends that there be no cost to FDOT for this approval. 3. PUBLIC WORKS A ~ Budget Amendment No. 02-103 1 Equipment Request No. 02-155 - Consider W d" staff recommendation to approve the budget amendment and equipment \1\JJ ,fy,'f"CIJ' request for the purchase of a .recorder for the Contractor Licensing and , fY \}"\ Code Enforcement Board meetmgs. \1ìf\ 0:: I\V B. South County Regional Sports Stadium - Consider staff recommendation to approve Change Order NO.2 for East Coast Sod and Landscaping, in the amount of $33,295.75, bringing the total contract to $189,834.46. C. Engineering 1 Phase 1 Indian River Lagoon Trace Pathway along State Road AlA 1 Resolution No. 01-247 - Consider staff recommendation to approve the Maintenance Memorandum of Agreement with FDOT and the Resolution, and authorize the Chairman to sign the agreement and resolution. CONSENT AGEt'iDA OCTOBER 23, 2001 PAGE nvo '-' ..,., 3. PUBUC WORKS (CONTINUED) D. Engineering / Permission to Advertise / Oleander Business Park, Treasure Cove/Ocean Harbor South, North Lennard Roadl, North Lennard Road2, North Lennard Road3, River Branch Estates, lndian River Estates, Saeger Avenue, Echo Street, Sunland Gardens, Cory Campbell, King Orange2, and Skylark2 Municipal Services Benefit Units - Consider staff recommendation to grant permission to advertise thirteen (13) public hearings stating the County's intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding municipal service benefit units on D~cember 4,2001, at 7:00pm, or as soon thereafter as possible. E. Lennard Road PD&E Study (RFQ NO. 01-050) - Consider staff recommendation to negotiate with the top ranked firm (Kimley-Horn), and work with the second firm (RS&H) if unable to successfully negotiate a contract with the first selection, and authorize the Chairman to sign the contract as prepared by the County Attorney. F. Drainage/Utility Reimbursement Agreement between St. Lucie County and the City of Port St Lucie - Based on approval of the City Manager and the County Administrator, consider staff recommendation to approve the attached agreement, and authorize the Chairman to sign the agreement. G. Fort Pierce Utilities Authority Revocable License Agreement - Consider staff recommendation to approve the agreement, authorize the Chairman to execute the agreement, and direct staff to record J11e docmpent.in th~ Public~~cord1s of S~. Ipcie County. MJ:;e¡¡{u.é0 - Fruit ;!jlrill ~5/Vre Sf rJfJ(J(J t-w M (j)1Jl.t/{1tJJI... ~ PII _.; '\'/S/... '"tj /1-¡v>At1?ðYl of œW PARKS AND RECREATION IV /'R- L-1'i IU,) C()!(c~, 4. A St. Lucie County Community Parks System Master Plan Steering Committee- Consider staff recommendation to ratify the steering committee list. B. Budget Resolution No. 01-251 - Consider staffrecommendation to approve the resolution and accept Mr. Dunlkeberger's corporate donation in the amount of $500. C. Community Parks System Master Plan Update (Referendum Update) - Written update has been forwarded to the Board for review. 5. COMMUNITY SERVICES A Florida Department of Community Affairs Community Services Block Grant - Consider staff recommendation to accept the grant in the amount of S 118, 780 and authorize the Chairman to sign all documents necessary for the grant. CONSENT AGS,\;"DA OCTOBER 23, 2001 PAGE THREE '-' -wi 5. COMI\IUNITY SERVICES (CONTINUED) B. Healthy Start Coalition of St. Lucie County, Inc. - Consider staff recommendation to approve the contract, and authorize the Chairman to e.'Œcute the agreement. ' C. Grant Agreements with the Council on Aging of St. Lucie County, Inc., for match on the Community Care for the Elderly Act grant in the amount of 555,947 and match on the Older Americans Act grant in the amount of 568,310 - Consider staff recommendation to approve the agreements, and authorize the Chairman t ) execute the agreements. D. Kew Horizons of the Treasure Coast, Inc. - Consider staff recommendation to approve the agreements for mental health, alcohol and substance abuse services, and authorize the Chairman to execute the agreements. . . 6. PURCHASING A Permission to Advertise - Consider staff recommendation to grant permission to advertise for bids for Baling Wire for the Glades Road Landfill. B. Permission to Advertise - Consider staff recommendation to grant permission to advertise for bids for Cleaning Services for the T.]. White Sports Complex. 7. HmvlAl~ RESOURCES Compensation for Staff Called Up for Active Military Duty - Consider staff recommendation to approve the request and authorize the chairman to approve the request. 8. MANAGEMENT AND BUDGET A Budget Resolution No. 01-253/ Consider staff recommendation to approve the budget resolution recognizing the loan proceeds and establishing the budget for the Energy Efficiency Project. B. Budget Resolution No. 01-256 - Consider staff recommendation to adopt the budget resolution to establish the budget for the Academy Drive MSBU project. 9. PUBLIC SAFETY Grant Agreements for the Florida Fish and Wildlife Conservation Commission Division of Law Enforcement Derelict Vessel Removal Grant Program - Consider staff recommendation to authorize the Chairman to sign the grant agreements. CONSENT AGENDA OCTOBER 23, 2001 PAGE FOUR '-' ~ 10. COMMUNITY DEVELOPMENT Florida Department of Environmental Protection (FDEP) Greenways and Trails Land Acquisition Grants Program - Consider staff recommendation to authorize the County Administrator to sign the application for the White City Bridge Trail Project. '-'ST. LUCIE COUNTY '..I EROSION DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie t:\utchinson District 4 Cliff Barnes District 5 AGENDA October 23, 2001 1. MINUTES A Approve the minutes of the meeting held August 14, 2001. B. Approve the minutes of the Tentative Budget Public Hearing held on September 6, 2001. C. Approve the minutes of the Final Budget Public Hearing held on September 13, 2001. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 46, 47, 48, 50, 51, 52, 53, 54, and NO.2 2. PUBLIC WORKS A Shoreline Stabilization at South Causeway Island - Consider staff recommendation to approve Find Agreement SL-01-30 ($224,668), Budget Resolution No. 01-004, Work Authorization NO.5 (C-00-12-181) with Taylor Engineering, Inc. ($34,030), and authorize the Chairman to execute the documents. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings "ill need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, Individuals testif}ing during a hearing will be sworn In. Any party to the proceedings will be granted an opportunity to cross-examine any Individual testif)ing during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462- 1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. """" ....., BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA October 23.2001 REGULAR AGENDA COUNTY ATTORNEY . R-Al Project for Phase II of Sage Living Center / Resolution No. 01-258 - Consider staff recommendation to approve the resolution authorizing the Issuance of the Bonds. ItfP(ðV~ ADMINISTRATION R -A2 First Amendment to Concession Agreement with SeIVice America Corporation - Consider staff recommendation to approve the First Amendment to the February 11, 1997 Concession Agreement with SeIVice America. and authorize the Chairman to sign the first amendment. 41Pp(ðy"uf) Public Hearinq COUNTY ATTORNEY R-A3 Project for Phase II of Sage Living Center / Resolution No. Ol-257 - Consider staff recommendation to approve the resolution approving the project and financing. frpPnN'u;t CONSENT AGENDA MANAGEMENT AND BUDGET C-Al Budget Resolution No. 01-259 - Consider staff recommendation to adopt the budget resolution estaþlishing the budget for the Grey Twig Lane MSBU Project. íΡJj)(Óì'VLf NOTICE: All Proceeding$ before this BOZlrd ate 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 reque5it of any party to the proceedings. individuals testifying during a hearing will be sworn in. Arly party to the proceedings wm be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodlltion to attend this meeting should contact the SL Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462· 1428 at least forty·eight(48) hours prior to the meeting. '-" ST. LUCIE COUNTY..,J 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 October 23, 2001 c. 0fþ(D\dJ Approve the minutes of the Tentative Budget Public Hearing h~9.d. o~ ~ September 6,2001. f\VV1ê\J . Approve the minutes of the Final Budget Public Hearing held on SePtembef\\\\I~ 13, 2001. M~\ IJ Ii GENERAL PUBLIC COMMENT Approve the minutes of the meeting held August 14, 2001. 1. MINUTES ~ A B. 2. CONSENT AGENDA ~0~ 1. WARRANTS LISTS Approve Warrants List No. 46, 4ï, 48, 50, 51, 52, 53, 54, and NO.2 2. PUBLIC WORKS A Shoreline Stabilization at South Causeway Island - Consider staff recommendation to approve Find Agreement SL-01-30 ($224,668), Budget Resolution No. 01-004, Work Authorization No.5 (C-00-12-181) with Taylor Engineering, Inc. ($34.030), and authorize the Chairman to execute the documents. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at rhese meelings 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\íduals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-e.xamine 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 5eT\ices Manager at (561) 462- 1777 or TOD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-" ."" BOARD OF COUN1Y COMMISSIONERS ADDITIONS AGENDA October 23,2001 REGULAR AGENDA COUNTY ATTORNEY R-Al Project for Phase II of Sage Living Center / Resolution No. 01-258 - Consider staff recommendation to approve the resolution authorizing the Issuance of the Bonds. ~ ADMINISTRATION R -A2 First Amendment to Concession Agreement with Service America Corporation - Consider staff recommendation to approve the First Amendment to the February 11, 1997 Concession Agreement with Service America, and authorize the Chairman to sign the first amendment. Public Hearinq COUNTY ATTORNEY R-A3 Project for Phase II of Sage Living Center / Resolution No. 01-257 - Consider staff recommendation to approve the resolution approving the project and financing. CONSENT AGENDA MANAGEMENT AND BUDGET C-Al Budget Resolution No. 01-259 - Consider staff recommendation to adopt the budget resolution establishing the budget for the Grey Twig Lane MSBU Project. NOTICE; Al! Proceedings before this Board are electronically recorded. Any person who deddes to appeal any actIon taken by the Board at these meetings will need a rei:ord of the proceedings ~nd for such purpose may need to ensure that 8 ....erbatim record of the proc~ings is made. Upon the request of any party to the proceedings. individuals te5tifying during a hearing will be sworn in. Any pllrty to the proceedings will be granted the opporb.1njty to cross·examine any individual testifying during a hearing upon request. Anyone with a di5ability requiring accommodation to attend this meeting should cantllet the St. Lucie County Community Services Manager at (561) 462-1 777 or ìDD (561) 462· 1426 at least forty-eight(48) hou/"$ prior to the meeting. '-" 'WI OCTOBER 23, 2001 9:00 AM BOARD OF COUNTY COM~HSSIONERS MEETING AGENDA WELCOME GENERAL RULES Al\TD 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 \\1ll be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HE.-illINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. Howe\"er, 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 AM. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (-1) further discussion and action by the Board. ADDRESSE\G THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGEt'\TIA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC CmrMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 AM., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lude County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' ....., BOARD OF COUNTY COMMISSIONERS www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Oiff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA October 23, 2001 9:00 AM. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held October 16, 2001. 2. PROCLAMATIONS I PRESENTATIONS I ANNOUNCEMEì\ITS A Excess Revenue - Mr. Bob Davis, Tax Collector, will return excess tax revenues to the Board of County Commissioners. B. Presentation / Walter B. Jones Environmental Award and NOAA Ex<:ellence Awards in Coastal and Ocean Resource Management. C. Resolution No. 01-249 - Proclaiming the month of November, 2001 as "Adoption Awareness Month" in St. Lucie County, Florida D. Presentation / Letter of Appreciation presented by the Chairman of the Board, to Craig Dunkelberger, P.E. , for his generous donation for the South County Regional Sports Stadium. E. Resolution No. 0l-243a - Proclaiming the month of November, 2001 as "Hospice Month - Hospice Care: Comfort and Compassion When It's Needed Most" in St. Lucie County, Florida. ( Presented to Hospice of the Treasure Coast, Inc.) F. Resolution No. 01-243b - Proclaiming the month of November, 2001 as "Hospice Month - Hospice Care: Comfort and Compassion When It's Needed Most" in St. Lucie County, Florida. ( Presented to Hospice of Martin & St. Lucie, Inc.) NOTICE: All Proceedings before this Board are electronically re<::orded. Any person who de<::ides 10 appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need 10 ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine anyindivid,,~1 testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the Sl Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-" ....." REGUL.<\R AGENDA OCTOBER 23, 2001 PAGE nvo G. Announcement / The Oxbow Eco-Center will be open to the public, featuring the "Florida Your Backyard" Exhibit on October 27, 2001 from 10:00 am to 5:00 pm, and October 28,2001 from noon to 4:00 pm. H. Announcement / The St. Lucie County Legislative Delegation will meet Thursday, December 13, 2001 from 9:00 am to 5:00 pm in the County Commission Chambers. (This meeting has been rescheduled from October 18,2001) 1. Announcement / The November 20, 2001 Board of County Commissioners Meeting has been rescheduled to 9:00 am. The November 27, 2001, December 25, 2001 and January 1, 2002 Board of County Commissioners Meetings have been cancelled. ]. Presentation / Mr. James Walker, Law Library Board 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS MA.J.\AGEMENT AND BUDGET SA. Briargate MSBU - Consider staff recommendation to establish transfers between funds for the County's Revolving Loan Fund & Briargate MSBU 5B. Budget Resolution No. 01-255 - Consider staff recommendation establish transfers between funds for the County's Revolving Loan Fund and the MSBU In-House financing project fund, and adopt Budget Resolution No. 01-255. End of Public Hearings ....... ...."" REGULAR AGENDA OCTOBER 23,2001 PAGE THREE 6. PARKS AND RECREATION Agreement Approval- Consider staff recommendation to approve the agreements y\ith the Sea Scout Ship "Edwin Binney" Foundation Inc'; AMIST AD America Inc. as drafted by the County Attorney, and authorize the Chairman to sign contingent upon receipt of a letter from the Captain or AMISTAD America, Inc. who own and operate the AMISTAD, confirming the depth of the water at the Summerlin dock is adequate to accommodate the,draft of the schooner, and grant approval for use of the County's portable bleachers by Operation Amistad for the event and waiver of fees at the Summerlin Dock from December 6 through December 16, 2001, the dates of the AMISTAD's stay. I r-C (d 1)/00 j ¡)C j)LÚJC" ï. COUNTY ATTORNEY Ordinance No. 01-23/ Particular Permitted Accessory Structures and Uses in Residential, Agricultural and Planned Unit Development Districts / Permission to Advertise - Consider staff recommendation to determine whether to grant permission to advertise the ordinance. 8. ADMINISTRATION Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. ~r~) , \w 'WI CONSENT AGENDA October 23. 2001 1. WARRANTS LIST Approve warrants list No. 55 and NO.3 2. COUNTY ATTORNEY A Revocable License Agreement / C & 0 Properties, Ltd. a/k/a Coggin Honda /4450 South US Highway No. 1- Consider staff recommendation to approve the agreement, authorize the Chairman to execute the agreement, and directC & 0 Properties, Ltd. to record the agreement in the Public Records of St. Lucie County, Florida. B. Revocable License Agreement / Carl A Mareth / 7001 South Indian River Drive - Consider staffrecommendation to approve the agreement, authorize the Chairman to execute the agreement, and direct Mr. Mareth to record the agreement in the Public Records of St. Lucie County, Florida. Revocable License Agreement / Betkor Properties, L.L.c. a/k/a A-I Truss / St. Lucie Boulevard - Consider staff recommendation to approve the agreement, authorize the Chairman to execute the agreement, and direct Betkor Rroperties L.L.c. to record the agreement in the Public Records of St. Lucie County, Florida. Resolution No. 01-250 - Proclaiming the month of November, 2001 as "Epilepsy Awareness Month" in St. Lucie County, Florida E. Bluefield Road / License Agreement with the Florida Department of Transportation - Consider staff recommendation to approve the agreement and Resolution No. 01-252 with FDOT, authorize the Chairman to sign the agreement and resolution, and staff also recommends that there be no cost to FDOT for this approval. PUBLIC WORKS A Budget Amendment No. 02-103 / Equipment Request No. 02-155 - Consider staff recommendation to approve the budget amendment and equipment request for the purchase of a recorder for the Contractor Licensing and Code Enforcement Board meetings. B. South County Regional Sports Stadium - Consider staff recommendation to approve Change Order No.2 for East Coast Sod and Landscaping, in the amount of $33,295.75, bringing the total contract to $189,834.46. C. Engineering / Phase 1 Indian River Lagoon Trace Pathway along State Road AlA / Resolution 1\0.01-247 - Consider staff recommendation to approve the Maintenance ì>.1emorandum of Agreement with FDOT and the Resolution, and authorize the Chairman to sign the agreement and resolution. CONSENT AGENDA OCTOBER 23,2001 PAGE TWO '-' ...""" 3. PUBLIC WORKS (CONTINUED) D. Engineering / Permission to Advertise / Oleander Business Park, Treasure Cove/Ocean Harbor South, North Lennard Road1, North Lennard Road2, North Lennard Road3, River Branch Estates, Indian River Estates, Saeger Avenue, Echo Street, Sunland Gardens, Cory Campbell, King Orange2, and Skylark2 Municipal Services Benefit Units - Consider staff recommendation to grant permission to advertise thirteen (13) public hearings stating the County's intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding municipal service benefit units on D~cember 4,2001, at 7:00pm, or as soon thereafter as possible. E. Lennard Road PD&E Study (RFQ NO. 01-050) - Consider staff recommendation to negotiate with the top ranked firm (Kimley-Horn), and work with the second firm (RS&H) if unable to successfully negotiate a contract with the first selection, and authorize the Chairman to sign the contract as prepared by the County Attorney. F. Drainage/Utility Reimbursement Agreement between St. Lucie County and the City of Port St Lucie - Based on approval of the City Manager and the County Administrator, consider staff recommendation to approve the attached agreement, and authorize the Chairman to sign the agreement. G. Fort Pierce Utilities Authority Revocable License Agreement - Consider staff recommendation to approve the agreement, authorize the Chairman to execute the agreement, and direct staff to record the document in the Public Records of St. Lucie County. 4. PARKS AND RECREATION A St. Lucie County Community Parks System Master Plan Steering Committee - Consider staff recommendation to ratify the steering committee list. B. Budget Resolution No. 01-251 - Consider staff recommendation to approve the resolution and accept Mr. Dunlkeberger's corporate donation in the amount of $500. C. Community Parks System Master Plan Update (Referendum Update) - Written update has been forwarded to the Board for review. 5. COMMUNITY SERVICES A. Florida Department of Community Affairs Community Services Block Grant - Consider staff recommendation to accept the grant in the amount of $118,780 and authorize the Chairman to sign all documents necessary for the grant. CONSENT AGENDA OCTOBER 23, 2001 PAGE THREE '-' ..." 5. COMMUNITY SERVICES (CONTINUED) B. Healthy Start Coalition of St. Lucie County, Inc. - Consider staff recommendation to approve the contract, and authorize the Chairman to execute the agreement. . C. Grant Agreements with the Council on Aging of St. Lucie County, Inc., for match on the Community Care for the Elderly Act grant in the amount of $55,947 and match on the Older Americans Act grant in the amount of $68,310 - Consider staff recommendation to approve the agreements, and authorize the Chairman tp execute the agreements. D. New Horizons of the Treasure Coast, Inc. - Consider staff recommendation to approve the agreements for mental health, alcohol and substance abuse services, and authorize the Chairman to execute the agreements. . 6. PURCHASING A Permission to Advertise - Consider staff recommendation to grant permission to advertise for bids for Baling Wire for the Glades Road Landfill. B. Permission to Advertise - Consider staff recommendation to grant permission to advertise for bids for Cleaning Services for the T.]. White Sports Complex. 7. HUMAN RESOURCES Compensation for Staff Called Up for Active Military Duty - Consider staff recommendation to approve the request and authorize the chairman to approve the request. 8. IvIANAGEMENT AND BUDGET A Budget Resolution No. 01-253 / Consider staff recommendation to approve the budget resolution recognizing the loan proceeds and establishing the budget for the Energy Efficiency Project. B. Budget Resolution No. 01-256 - Consider staff recommendation to adopt the budget resolution to establish the budget for the Academy Drive MSBU project. 9. PUBLIC SAFETY Grant Agreements for the Florida Fish and Wildlife Conservation Commission Division of Law Enforcement Derelict Vessel Removal Grant Program - Consider staff recommendation to authorize the Chairman to sign the grant agreements. CONSENT AGENDA OCTOBER 23, 2001 PAGE FOUR '-" ..""" 10. COMMUNITY DEVELOPMENT Florida Department of Environmental Protection (FDEP) Greenways and Trails Land Acquisition Grants Program - Consider staff recommendation to authorize the County Administrator to sign the application for the White City Bridge Trail Project. ,."" '-' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 16, 200l Tape: l-2 Convened: 6:00 p.m. Adjourned: 8:30 p.m. Commissioners Present: Chairman, Frannie Hutchinson, Doug Coward, Paula A .Lewis, John D. Bruhn, Cliff Barnes Others Present: Doug Anderson, County Administrator, Dan McIntyre, County Attorney, Dennis Murphy, Community Development Director, Paul Phillips, Airport Director, Bill Blazak, Utilities Director, Jack Southard, Public Safety Director, Ray Wazny, Public Works Director, Don West, County Engineer, Paul Hiott, Veterans Service Director, Sheriff Mascara, David Kelly, Planning Manager, Mike Rath, Purchasing Director, Deputy Lee, A. Millie Delgado, Deputy Clerk l. MINUTES It was movèd by Com. Bruhn, seconded by Com. Coward, to approve the minutes of the meeting held October 9,2001; and, upon roll call, motion carried unanimously. 2. PROCLAMA nONS/PRESENT A TIONS/ ANNOUNCMENTS A correction was made on the resolution, Ms. Allison works for the Clerk of Courts, not the Tax Collector's office as previously stated. A. Resolution No. Ol-242- Commending Bill Zaroda of the S1. Lucie County Road and Bridge Department, and Nancy Allison of the S1. Lucie County Clerk of Courts for their successful fund raising efforts during the "Bowl for Kid~ Sake" campaign on September l5, 2001 and September 16,2001. It was moved by Com. Lewis seconded by Com. Coward, to approve Resolution No. 01- 242 as corrected; and, upon roll call, motion carried unanimously. B. Announcement/ The Ocbow Eco-Center will be open to the public featuring the "Florida Your Backyard" Exhibit on October 27, 2001 from lO:OO a.m. to 5:00 p.m. and October 28,2001 from noon to 4:00 p.m. C. Announcement/The S1. Lucie County Legislative Delegation will meet Thursday, December 13, 2001 from 9:00 a.m. to 5:00 p.m. in the County Commission Chambers. D. Announcement/ The November 20, 2001 BCC meeting has been rescheduled to 9:00 a.m. , the November 27,2001, December 25,2001 and January 1, 2002 BCC meetings have been cancelled. E. Airport Presentation - Master Plan Update/Airport Operations Forecast The Consultant from Hoyle, Tanner & Associates, reviewed the Master Plan Update. Com. Barnes advised the Board and the Consultant that he does not intend to encourage cargo development at the airport and asked at what point does the BOCC make a policy decision and encourage what type of use they want. ..., '-' Com. Barnes also stated his objection to starting a Master Plan and labeling planning areas for cargo activity and infrastructure for cargo. He would like to plan a different type of airport. It was the consensus of the Board to direct st¡¡ff to include the Fire District and the Sheriffs office in the review of the Master Plan and also include them in the planning of the airport development. 3. GENERAL PUBLIC COMMENTS(1-ll8) Mr. Herbert Beach, White City resident, addressed the Board regarding the overgrowth of vegetation in county right of ways. Mr. Robert Anderson, Indrio Road resident, advised the Board that he would prefer the cargo strip be moved to the west. Sheriff Mascara addressed the Board and presented them with a check in the amount of $74,856.53 for interest earned on the General Operating Account of the Sheriffs office. Mr. Roger Sharp, Indian River Drive Homeowners Association, addressed the Board regarding there-districting and asked the Drive residents be kept within one district. 4. CONSENT AGENDA (1-2160) It was moved by Com. Barnes, seconded by Com. Coward , to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 54 and No.2. 2. PURCHASING A. Amendment to the Treasure Coast Newspaper Agreement- The board approved the nmçndment for. the second year extension including an increase to th~ cJ::Jssified line rate to $.59/line and authorized the Chairman to sign the amendment. B. Permission to Advertise- The Board approved advertising for bids for Re-use Recycle Disposal of End of Life Electronics for electronic equipment collected at the Glades Road Landfill. C. Permission to Ad'lertise- Th:- Board approved advertising for bids for the Waste Tire Processing for processing/recycling of waste tires at the Glades Road Landfill. D. Budget Amendment No. 01-102- The Board approved the budget amendment for the purchase of a desk and credenza for Judge Makemson in the amount of $1,866.22 from Office Products and Services. . ' 3. INVESTMENT FOR THE FUTURE Engineering/South 25\h St. Roadw~v Witl,"ning Project (Midway Road to Edwards Road) The Board approved the agreement with Inwo0CiCon~)lllt;11g Engineers in the amount of $1,002,106.94 for design and permitting subject to final review and approval by the County Attorney, and authorize the Chairman to sign the agreement. 2 1/15/01 ~ABWARR JND )1 )1130 01139 0114'0 01256 01258 01259 01269 01809 01 02 02001 .03 .05 .07 ,07001 L07002 L11 L12 113 114 - "; 117 118 119 120 121 122 123 126 136 138 139 140 160 183 183001 183004 185001 185002 186 186204 205 242 282 4n1 220 401221 418 421 441 451 461 471 491 501 505 505001 510 611 625 650 '-' ""'" ST. LUCIE COUNTY - BOARD DATA WARRANT LIST # 2- 06-0CT-2001 TO 12-0CT-2001 FUND SUMMARY TITLE General Fund TC Community Action Agency FYOOI01 FHA Transportation for 21st Century Section 112/MPO/FHWA FY01/02 CTO TRIP Grant FY 00/01 TOC Planning Grant FYOO/01 Emergency Mgmt. Prep & Asst. FY 00/ FDEP-Urban Mobile Lab Grant 01/02 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Unincorporated services Fund Drainage Maintenance MSTU Law Enforcement MSTU Libr~ry Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sheraton Plaza Fund sunland Gardens Fund Sunrise Park Fund Paradise Park Fund Holiday pines Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund port & Airport Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court SHIP Housing Assistance FY 00/01 SHIP Housing Assistance FY 01/02 Recycling Operating Fund Recycling & Education Grant FYOO/01 Beach Bond I&S Fund port I&S Fund Environmental Land I&S Fund Sanitary Landfill Fund .. ,.' Litter control & Prevention FYOO/Ol Wast Tire Grant FYOO/01 Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports complex Fund No County Utility District-Operatin Building Code Fund Information Technology Fund Health Insurance Fund property/Casualty Insurance Fund Service Garage Fund Tourist Development Trust-Adv Fund Law Library Agency Fund GRAND TOTAL: EXPENSES 46,214.38 128.05 30.89 316.41 2,319.52 473.72 4.24 88.43 90.95 9,319.90 11,470.72 6,691.81 5,626.11 126.17 147,445.78 59.75 58.01 141.48 26.57 10.62 19.34 22.64 24.77 6.15 35.48 38.35 7.28 3.95 46.10 13 .46 6.09 71.07 5.89 35.54 496.97 170.25 208.90 126.80 207.01 15,000.00 13,466.38 27.97 1,795.32 4,516.56 1,326.05 8,794.31 5,363.49 413.00 3,505.00 3,009.38 74.56 484.22 5,023.03 573.77 312.83 1,735.33 24,350.22 231.35 127.18 344.39 342.19 60.00 5,267.95 328,334.03 PAGE 1 j PAYROLL 200,772.01 592.81 201.96 1,886.16 0.00 0.00 0.00 594.40 594.40 52,269.26 23,522.16 2,051.33 0.00 768.38- 44,633.48 789.68 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 3,393.78 1,182.00 1,093.49 1,173.07 1,437.31 0.00 1,259.89 0.00 0.00 0.00 0.00 0.00 17,669.66 0.00 0.00 9,665.25 85.09 1,786.70 127.63 3,956.18 2,254.61 10,939.70 0.00 1,573.75 879.38 0.00 1,672.58 0.00 0.00 388,826.10 0/12/01 ZABWARR UND 01 01106 01111. 01115 01130 01139 01140 01259 01269 01809 01 01001 01002 01003 01006 02 02001 05 07 07001 07002 "7112 118 u7120 11 15 18 20 21 22 40 40307 45813 .60 .83 .83001 .83002 .83004 .83106 .85001 .86 .86204 104 116 116001 130 162 89 01 18 21 41 51 61 71 91 ,01 105 i05001 ,10 ;11 ;25 '-' ~ ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #54- 05-0CT-2001 TO 11-0CT-2001 FUND SUMMARY TITLE General Fund FTA-001-49 USC Sec 5307 (95/96) FTA-001-49 USC Sec 5307 96/97 FTA-001-49 USC Section 5307 97/98 TC Community Action Agency FYOO/01 FHA Transportation for 21st Century Section 112/MPO/FHWA FY01/02 Emergency Mgmt. Prep & Asst. FY 00/ FDEP-Urban Mobile Lab Grant 01/02 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & FQrfeiture Fund-E911 Surchar COPS MORE 98 USDOJ Ed Bryne Anti-Drug 00/01 DOJ-Local Law Enforcement FYOO River Park I Fund Sheraton Plaza Fund Paradise Park Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Port & Airport Fund Const. Parking Apron#405823-1-94-01 IRL SWIM Impound Rest IX 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 SHIP Housing Assistance FY 00/01 Recycling Operating Fund Recycling & Education Grant FYOO/01 Communication System Fund County Capital Transportation Capital Lakewood Park Fund Sports Complex Improv Fund Environmental Land Capital Fund Rouse Road MSBU Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Information Technology Fund Health Insurance Fund Property/Casualty Insurance Fund Service Garage Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 136,840.74 74.00 486.00 1,509.00 1,849.24 0.00 5.90 35,292.43 0.00 0.00 31,399.01 1,733.92 235.00 38,597.20 4,745.00 461. 03 0.00 226.20 246,070.33 20,215.00 74,056.38 141,360.00 94,013.00 68,016.00 2,660.49 450.45 724.52 158.43 68.94 896.12 14,116.44 69,155.33 104.25 1,394.86 113.30 34.12 500.00 61. 77 307.92 5,795.65 18.04 0.00 2,168.57 99,069.55 8,175.50 1,400.00 560.00 1,000.00 28,451. 73 109,894.32 40,343.82 3,240.13 75,539.51 95,734.97 16,011.50 30,785.66 1,358.15 37,630.51 25,057.57 824.80 3,091.14 1,072.22 15,745.88 1,590,901.54 PAGE PAYROLL ...",¡ '-' 4. CENTRAL SERVICES A. Children's Services Council ofSt. Lucie County- The Board approved the lease prep!lfl?d by th~, County Attorney for a one-year term starting, October 16,2001 through October 16,2002. B. Budget Res9,lutiol1 No, O.l~24:4:- The Board approved adopting the budget resolutio~ for donatf<d c'und.s. for a memorial bench at South Causeway Island Park and authori.'?:ed the Chairman to sign the resolution. 5. UTILITIES South Hutchinson Island Wastewater Facilities Engineers Report and Operation and Maintenance Review and Assistance - The Board approved the Work Authorization with Camp Dresser and McKee in an amount not to exceed $29,800 and authorized the Chairman to execute the agreement. 6. MANAGEMENT AND BUDGET A,. Permission to advertiselBriargate MSBU- The Board approved advertising a public hearing for the purpose of establishing transfers between the County's ,Revolving Loan Fund and the MSBU Project Fund. ~'. I.' ¡ B. Permission to Advertise/Academy Drive MSBU- The Board approved advertising a public hearing for the purpose of establishing transfers between the County's Revolving Loan Fund and the MSBU Project Fund. 7. ADMINISTRATION A Commissioner/County Administrator Travel- The Board granted authorization for in or out of state travel for the County Administrator and any member of the Board during the FY 01-02. B. Tourist Development Council Appointment- The Board ratified Com. Hutchinson's appointment of Greg Shearhod to the Tourist Development Council. . . . 8. COUNTY ATTORNEY A. Fourth Addendum to the August 8, 2001 Contract between the County and Howard Industries, Inc./Clerk of Court- The Board approved the addendum and authorized the Chairman to sign the addendum. B. Revocable License Agreement Permitting Vikings Lookout Property Owners Association to Construct a Security Gate in the County Right of Way- The Board approved the agreement and authorized the Chairman to sign the agreement. 9. AIRPORT Contract Approval- The Board approved the Nav Aids Contract/Maintenance Statement of Work with Mr. Jim Saulnier in the am.0unt of $21,000 to maintain the Instrument Landing System air navigation equipitl\:;f1t attht St, LuCie County International Airport. 3 ~ ~ REGULAR AGENDA(1-2l79) ," .. 5. PUBLIC SAFETY A. Certificate of Public Converiience and Necessity Application of All County Ambulance for Class B (non-emergency inter facility medical transport or transfer service at the ALS or BLS level) and Class F (Wheelchair Transport) - Consider staff recommendation to approve the request and issue a CON for a Class B and Class F. It was moved by Com. Coward, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, motion carried unanimously. B. COMMUNITY DEVELOPMENT - Resolution No. 01-139 @ The Reserve - Consider staff recbmmendation to approve the Resolution granting a change in zoning from AR-l to PUD. It was move~ by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 01- 1391 and, upon roll call, motion carried unanimously.' C. Resolution No. 01-224- Fort Pierce Air Center Hanger 12 West- Consider staff recommendation to approve the resolution granting a Major Adjustment to the Existing Conditional Use at the St. Lucie County International Airport to allow for the construction of 12,000 square feet of additional hangar space and 2,000 square feet of office space. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve Resolution No. 01- 224; and, upon roll call, motion carried unanimously. D. Resolution No. 01·22~/Ft. Pierce Air Center Building E-20 - Consider staff recommendation to approve the resolution granting a Major Adjustment to the Existing Conditional Use at the St. Lucie County International Airport to allow for the ,construction of 14,400 sq. ft. of aircraft painting space. It was moved by Com. Barnes, seconded by Com. Coward, to approve Resolution No. 01-225; and, upon roll call, motion carried unanimously. E. Resolution No. 01-226 Ft. Pierce Air Center Warehouses 4 and 5 South- Consider staff recommendation to approve the resolution granting a Major Adjustment to the Existing Conditional Use at the St. Lucie County International Airport to allow for the construction of 13,600 sq. ft. of warehouse space. It was moved by Com. Lewis, seconded by Com. Bruhn, to approve Resolution No. 01- 226; and, upon roll call, motion car.-it;d l.manimously. F. Resolution No. 01-140- Gonzalez- Consider staff recommendation to deny the resolution granting a Change in Zoning from the RS-2 to AG- 1 zoning and instead recommends a rezoning to the AR-l zoning district. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 01- 140; and, upon roll call, motion carried unanimously. 4 """" '-' G. Resolution No. 01-221- Consider staff recommendation to approve the resolution granting a Change in Zoning from RS-2 to AR-l. It was moved by Coward, seconded by Com. Lewis, to approve Resolution No. 01-221; and, upon roll call, motion carried unanimously. H. Resolution No. 01-222- Consider staff recommendation to approve the resolution granting a Change in Zoning from RM-5 to AR-1. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 01- 222; and, upon roll call, motion carried unanimously. I. Resolution No. Ol-223/Poulin- Consider staff recommendation to approve the resolution granting a Conditional Use Permit to allow for the establishment of a rding¡stab!e. Mr. Jim Anderson representing Mr. Poulin, addressed the Board on this issue. Mr. Richard Johnson area resident, addressed the Board in favor of this permit. Com. Coward advised the Board that he had been in contact with Mr. Anderson and Mr. Poulin. It was moved by Com. Lewis, seconded by Com. Bruhn, to approve Resolution No. 01- 223; and, upon roll call, motion carried unanimously. J. COUNTY ATTORNEY - (2-089) - Ordinance No. 01-21- Consider staff recommendation to adopt the ordinance for Prohibitions on Price Gouging During Emergencies. Mr. Phillip Vandermeux, area resident, a~dressed the Board in favor of the Ordinance.l It was moved by Com. Coward, seconded by Com. Bruhn, to approve Ordinance No. 01- 2 I; and, upon roll call, motion carried unanimously. 6. COMMUNITY DEVELOPMENT (2-0266) County Commissioner Redistricting- Consider staff recommendation to select one of the two submitted alternatives. Once a final plan is selected, staff will prepare a formal Resolution to act upon following the two required advertisements of the new legal descriptions for district boundaries pursuant to Chapter 124, Florida Statutes. Upon final action on that Resolution, it will be forwarded to the Department of State as required. The Community Development Director addressed the 3 alternatives. Ms. Kay Hill, Indian River Drive resident, addressed the Board and requested the drive residents be kept in one district. Mr. Phil Vandermeux addressed the fact that the residents on the drive would like to be able to communicate with one Commissioner. Ms. Christine McCarty also addressed the Board in favor of keeping the drive within one district. Mr. Robert Lee, Deputy, addressed the Board in favor of keeping the residents together. Mr. Joe Isley, addressed the Board regarding what their feeling would be if they were in the same situation. He is in favor of keeping the drive residents in one district. Mr. Doris Berg, addressed the Board in keeping them in one district. 5 ~ '-" After discussion, it was the consensus of the Board to move forward with alternative number 3 as presented by the Community Development Director. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 6 -~-'--~-~----- ~~-------------- --~-.__.._--~-_._~ -...-- --- .....,; -------- Pat Clute - AWARD- it is official -----.- ---------------- ~- From: To: Date: SUbject: Michael Ednoff Jody Bonet; Pat Clute 9/10/01 8:44AM AWARD- it is official -------- ~~ The SLC Mosquito Control District and Jim David have in fact won the Walter B Jones environmental award. Jim has been officially contacted and an official letter is on its way. He will be invited to an awards ceremony in Washington DC on October 3,2001, in the Rayburn House Office Bldg I think DA and the Commissioners need to be informed and perhaps they can officially recognize the District's work/award at a commission meeting, but I will leave that in your able hands I mikee Vicki Allen at NOAA can give you more details at 301-713-3155 ex!. 126 cc: Bruce French /':7)/ gP / )/' "~b i~ 1./ ,/0); ¡J;CC- -~ ~&04- Page l' '-'" '-' 2001 Walter B Jones Memorial and NOAA Excellence Awards in Coastal and Ocean Resource Management Entry Category: Excellence in Local Government Name of Nominee: James R. David, Director, Mosquito Control District Name of Nominee's Organization: S1. Lucie County Board of County Commissioners Nominee's Address: 2300 Virginia Avenue, Fort Pierce, FL 34982 Nominee's Telephone Number: 561-462-1686 \~v ~ 6 ~~v ! Nominee's Fax Number: 561-462-1565 Nominee's email address:JDAVID@co.st-lucie.fl.us Name of Nominator: BF ofGF! Description of Accomplishments: Over the past decade, Jim David and the Mosquito Control District have been unswerving in their determination to improve wetland habitat, enhance water quality and increase aquatic animal abundance in thousands of acres of mosquito impoundments. Their efforts have made it possible to acquire more than 1,700 acres of coastal wetlands and permanently place those lands into public ownership. Their management of 19 projects encompassing some 3,000 acres of additional wetlands have helped to restore biological integrity and improve the south Indian River Lagoon, effectively advancing the goals and objectives of CZMA at a local level. Hutchinson Island, a 20 mile long barrier island forms the eastern boundary ofS1. Lucie County with the Atlantic Ocean. The western shore ofthe barrier island meanders along the Indian River Lagoon, a micro-tidal estuary with less than 3 meters of tidal range, and possesses over 5,000 acres of estuarine- fringing wetlands. These wetlands are relatively flat and known as High Salt Marsh habitat due to natural vegetation types and low annual frequency of tidal inundation. These characteristics are very favorable to salt marsh mosquito reproduction, a severe constraint to the initial settlement of this area of Florida. As such, between 1927 and 1935, nearly 285 miles of ditches were constructed for mosquito control. The effort was successful but short lived due to maintenance requirements. Later research in the 1950's by the Florida Department of Health and Rehabilitative Services fostered a program of impoundment construction for mosquito control. Subsequent flooding of the impoundments resulted in effective mosquito control. Approximately 5,000 acres of salt marsh were impounded in S1. Lucie County from 1958 to 1966 in this program. Subsequent research revealed that the improvement in the quality oflife for the human population from impounded marshes was environmentally costly to these same impounded wetlands. Reduced access to impounded marshes by transient fishes resulted in a reduction of fish species diversity. '-' ..",; Impacts on other species were also documented as was a general degradation of water quality in the impounded wetlands due to stagnation. The natural esturarine food chain was severely disrupted. Prior to dike construction in the impoundments, direct and indirect export and import of biomass took place between the estuary and the natural marshes through biological, chemical and physical means. Tidal and rainfall inundation coupled with activities of animals ranging from small invertebrates to wading birds, resulted in increased rates of export of plant and particulate and detrital matter, thereby enhancing the productivity and nursery function of the estuary. However, the impoundments resulted in unbuffered drops in pH, destruction of much of the High Marsh vegetation, and reduced water quality turning the impoundments into a carbon sink. The reduction in fish species diversity reflected a reduction in transient species use leading to the conclusion that impoundment of the salt marshes resulted in a seasonal impact on estuarine-related, wetland nursery functions. That is, the dikes prevented critical access to the salt marshes by fish species during certain times of the year. A seasonal pattern of fish use in the salt marshes was then scientifically established, with March, April and September being critical fish access months. Jim David and his staff studied these scientific results, discussed [mdings with the scientific investigators, reviewed additional literature, and made observations of biological activity and fish movements in both the impoundments and estuary. Their analysis of the data resulted in an applied scientific solution to problems of impounded wetlands that met both the need to control mosquito breeding and enhance the function ofthe coastal wetlands. They combined this applied solution with an aggressive program for the public acquisition of the impounded marshes using a portion of dedicated funds approved by the voters of St. Lucie County for environmental land purchase along with state and federal grants with the same dedicated land preservation objectives. However, these funds could not be used to implement the proposed program. That is, these funds could not be used for the purchase of equipment, maintenance and operation of the program necessary to enhance the environment, nor could County funds dedicated for mosquito control (spraying) be used in the estuarine enhancement program, so Jim David and his staff had to become very creative in implementing their innovative project. The proposed restoration program essentially had two components: Increase water flow through the wetlands to improve water quality and turnover and export of nutrients; and Manage the wetlands on a seasonal basis through control of water flow from the impoundments to and from the estuary. Culvert installations in the perimeter dikes, combined with seasonal openings of tide gates could re- introduce the estuarine fish nursery function to the marsh, and restore tidal-creek-like functions to the interior ofthe impoundments. The quantity of culverts installed in a given impoundment has to be sufficient to approximate high estuarine wind-tides within the impoundment or a minium offour tidal inundations of the marsh each month. Funds were slowly acquired each year to install culverts and pipes with flood gates and eventually to purchase pumps and pay for the electricity needed by the pumps to increase water flow. This purchasing and installation process remains ongoing. '-' """ Tide gate operations were timed to optimize juvenile fish use ofthe marsh in the mid-spring, late summer and fall, thus not interfering with the need for summer season mosquito control. Tide gates were also modified to automatically discharge excess freshwater to prevent over- flooding of the high marsh species. The quality oflife for the human population was maintained. An added benefit of seasonal management was a reduction in the quantities of pesticides used. The plan was called the Rotational Impoundment Management program. Impoundments are generally closed from May through August and remain open for the remainder of the year. However, each impoundment is managed independently of the others improving the overall effectiveness of the system. The results to date have been excellent. Water quality improvements, especially increases in dissolved oxygen, have been positively correlated with an increase in the densities of culverts over the past decade. Salinities have increased, pH stabilized and anaerobic respiration (hydrogen sulfide) reduced. Pumping also has contributed significantly to improved water quality as stagnant water in the impoundments is replaced with clean estuary water. The water exchange exports nutrients and reduces COD. Tide gates are tied open during the season allowing fish to easily migrate into and out ofthe impoundments. Pumping also contributes to fish health by reducing the periodic turnover of waters that previously resulted in large fish kills. Today, managed impoundments with culverts contain a mixture of high slat-marsh and mangrove swamp with black and white mangroves, saltwort and glasswort making a comeback. Removal of exotic plants also continues with over 40,000 linear feet of the exotic Brazilian pepper being removed in the past year alone. Future plans call for experimentation in leaving solitary culverts open during the management period to examine the nature of recruitment and water quality trom this modification. Further enhancement is being proposed, iffunding is found, to pump oceanic water trom the Atlantic into and through the impoundments. The resulting flushing and stabilization in higher estuarine salinities could result in an increased abundance offish species furthering recreational fishing opportunities. Drawdowns in selected impoundments will be tried in an effort to concentrate fish in low depressions and ditches creating a concentrated food source for young wading birds. Finally, one mosquito impoundment is being developed into a Mitigation Bank through a unique public-private partnership that will create nearly 50 acres of improved wetlands to be used by State, County, City and private developers in mitigation activities. Jim David and the St. Lucie County Mosquito Control District have developed this management concept to provide for the multiple uses of mosquito and sandfly control, minimization of pesticide use, optimal fishery exchange for approximately eight months ofthe year, optimal fishery utilization 12 months a year through water quality improvements, stock enhancement, and enhancement of wading bird summer foraging opportunities. Through their aggressive efforts and financial innovation, nearly 54% of the St. Lucie County's barrier island is in public ownership today. No other county in South Florida can come anywhere close to this statement. Jim David holds a B.A. in Biology from Fordham University and a Masters in Oceanography from Florida Institute of Technology. He has been employed by the St. Lucie County Mosquito Control District since 1982. [þia~~ Tyrner=_Awards~erem(>ny arldpie",,~ãtters ___=n_~ n ~ - .-- ...,¡ From: Vickie Allin <Vickie.Allin@noaa.gov> To: Stuart Stevens <stuart_stevens@coastal.dnr.state.ga.us>, Maria Brown <mbrown@farallones.org>, Alex Brylske <brylske@aol.com>, David Canny <david.canny@noaa.gov>, Braxton Davis <bdav2330@postoffice.uri.edu>, Umaporn Silphaduang <ucsilpha@unity.ncsu.edu>, Linda Krause <crerpa@connix.com>, Marnie Winter <mwinter@jeffparish.net>, "James R. David" <jdavid@co.st-Iucie.fl.us>, Annette Morales <dpnrd@yahoo.com>, James Holland <stewards@altamahariverkeeper.org>, Gus Rassam <grassam@fisheries.org>, Jennifer Gallivan <gallivan@fisheries.org>, "Mel E. Moon" <melmoon@olypen.com>, Edwin Selover <Edwin.Selover@pseg.com>, John Taggart <taggartj@uncwil.edu>, John Broadwater <john.broadwater@noaa.gov>, June Feggins <June.Feggins@noaa.gov>, Ed Ueber <Ed. Ueber@noaa.gov> Date: 9/14/01 10:38AM Subject: Awards ceremony and press matters Hi, everyone. I hope you are all well and able to be with your loved ones at this difficult time. Even if it were not for the terrible events of Tuesday, I would have been out of touch most of this week because my computer was infected with a virus on Monday. I just regained access to the internet and em ail yesterday afternoon. I want to let you know that the Jones Awards ceremony has NOT been postponed or cancelled. Even though we are all still shaken by this week's tragedy, we are expecting the awards ceremony to go on as planned on Oct. 3rd. Of course, it will take some time to work with you to make your travel arrangements and we ask for your patience, but please plan on attending the awards ceremony as scheduled. In view of the recent tragic events, we have changed our plans for press releases somewhat. One thing we will be doing next week is individual press releases for all of the winners to use with local press. For this purpose, I need your help with two things: (1) I need your permission to identify you in the press release for the media to contact and interview. (Dr. Brylske -- I know I have your permission from our earlier correspondence.) (2) For the press releases, it would be helpful to have your suggestion for one or two sentences about yourself and/or your accomplishment that would be a "hook" for a news story. Please refer to the attached Winners Summaries for what we have and suggest additions to that. It would be helpful to have your permission and your suggestions for a "hook" by Tuesday, Sept. 18th. NOAA is also planning to do a media advisory and NOAA press release on all of the Jones Award winners a few days prior to the ceremony. Our Legislative Affairs Office has also alerted Members of Congress who have winners in their districts in order to allow them to issue their own announcements prior to the NOAA national press release. Finally, as I mentioned in my notification email, letters have been @ianeT~Lner~Awã~ds cere_mony ~ndpre;~-c~~tters ------~~ ___u _ "__ '-' ---_.._._-~.._- "- ~-._~~-~-- ...,,¡ sent to each of you confirming your award and providing more information on the ceremony. These letters were mailed last Friday, Sept. 10th, but due to the events of this week, delivery may have been delayed. If you have NOT received your letter, would you please let me know by responding to this email, and I will fax your letter to you. Once again, let me congratulate you on your award. I know that congratulation at this time may seem out-of-place, but we believe that your accomplishments and good work affirm the values our country stands for. I look forward to meeting you in October. Vickie ************************************************************ Vickie A. Allin Office of Ocean and Coastal Resource Management National Ocean Service National Oceanic and Atmospheric Administration 1305 East-West Highway, Room 10622 Silver Spring, Maryland 20910 Tel: 301-713-3155, ext. 126 Fax: 301-713-4370 Email: vickie.allin@noaa.gov cc: Rosemarie McKeeby <Rosemarie.McKeeby@noaa.gov>, Angela Veney <AngelaVeney@noaa.gov>, Dolores Washington <Dolores.Washington@noaa.gov> --~_.._-,----- I Diane Turner ~ 01WinSumm.rtf -.-.---~-~.._-- 'page 1l '-" ...." 2001 Walter B. Jones Memorial and NOAA Excellence Awards Winners List Coastal Steward of the Year Ms. Maria Brown, Executive Director Farallones Marine Sanctuary Association The Farallones Marine Sanctuary Association (FMSA) was one of the first non-profit associations in the Marine Sanctuary Program. Since 1995. FMSA Executive Director Maria Brown has demonstrated exemplary leadership in integrating human and wildlife uses of several sensitive areas of the Gulf of the Farallones National Marine Sanctuary, Cordell Bank, and the northern area of Monterey Bay National Marine Sanctuary near San Francisco. By combining public education with direct involvement in resource conservation, FMSA has been instrumental in recruiting a dedicated and involved volunteer base to carry out the objectives of the sanctuary. Under the leadership of Ms. Brown, FMSA developed a program using volunteer monitors to educate potentially disturbing human users such as boaters and clammers about resident harbor seal populations. The program has succeeded in protecting seals and allowing human uses of the habitats. The volunteers have reduced 95 percent of the disturbance to harbor seals from clam diggers on Clam and Seal Islands in Tomales Bay. Ms. Brown has also led efforts to develop a Paddling Etiquette Guidelines Brochure for kayakers, increased sanctuary visitation by establishing visitor's centers, and developed a program in conjunction with a local high school to monitor the health of the rocky intertidal habitat at Duxbury reef, north of San Francisco. Excellence in Coastal and Marine Graduate StudY 1. Mr. Braxton Davis University of Rhode Island Mr. Davis has focused on the potential for and limitation to state and local-level coastal program evaluations. He has devised an innovative approach to advancing the goals of coastal zone management through evaluation that respects the diversity of state interests and environments. Mr. Davis is also assisting NOAA in an inventory of Special Area Management Plans (SAMPs). He is developing a list of output and outcome indicators that he will use to test a number of hypotheses on four SAMPs in the U.S. The outcome of this research will be a valuable contribution to resource management program evaluation in general and coastal area management in particular. 2. Mr. David Canny Duke University Mr. Canny has concentrated on marine reserve issues, helping to streamline an oceanographic model to predict suitable sites for Marine Protected Areas or artificial reefs. He has been working to assess the connection, role and management of artificial reefs, shipwrecks and rock formations off the coast of North Carolina. His innovative work will support coastal conservation by providing one of the first detailed looks at this offshore network of critical marine habitats. Mr. Canny is also completing a Knauss Marine Policy Fellowship; he is assigned to NOAA's Special Projects Office. 3. Dr. Umaporn Silphaduang North Carolina State University Dr. Silphaduang's Sea Grant-funded research focused on the molecular immunology of nonspecific defenses in fish. She used as her model the hybrid striped bass, one of the most important aquaculture species in the U.S. Dr. Silphaduang succeeded in identifying and isolating a novel class of peptide antibiotics, which have been named piscidins, from hybrid striped bass. 1 I, ------~--.-----"-..- L9iane Twner -01 WinSumm~_rtf ~.~.~~-- --"~-- '-" ...." Piscidins are a totally new type of peptide antibiotic and they display potent, broad-spectrum antibiotic activity. She has also discovered that these peptides can be isolated from many tissues of hybrid striped bass and may also be present in other commercially important fish that are unrelated to hybrid striped bass. 4. Dr. Alex Brylske, Senior Editor Dive Training Magazine Dr. Brylske received his Ph.D. this year after completing numerous coastal studies and marine and coral research projects. His thesis, "Marine Resource Management," is an outcome of a life's study and a career of caring for the coastal and marine environment. "Marine Resource Management for Dive Professionals" is an in-depth professional development seminar designed to provide dive leaders with a background in coral reef ecology and other marine resource management issues that affect divers and the diving industry. The seminar has been taught across North America and the world. Excellence in Local Government 1. Jefferson Parish Government Jefferson Parish Government is using innovative approaches to effectively manage, develop and protect its coastal zone. The parish's coastal zone management program is very effective in advancing the goals of the Coastal Zone Management Act at the local leveL In addition to regulating development activities that impact the coastal zone, the coastal zone management program also designs, seeks funding for, and implements projects to combat coastal erosion and promote marsh restoration. The parish developed a comprehensive Coastal Wetland Conservation and Restoration Plan in 1993 in an effort to provide a long-term solution to coastal erosion and wetland loss. The coastal zone management program has secured more than $41 million in state and federal funding through the Coastal Wetlands Planning, Protection and Restoration Act for wetland restoration projects that benefit marshes in Jefferson Parish. 2. St. Lucie County Mosquito Control District The St. Lucie County Mosquito Control District has been unswerving in its determination to improve wetland habitat, enhance water quality and increase aquatic animal abundance in thousands of acres of mosquito impoundments. It's efforts have made it possible to acquire more than 1,700 acres of coastal wetlands and permanently place those lands into public ownership. The management of 19 projects encompassing some 3,000 acres of additional wetlands has helped to restore biological integrity and improve the south Indian River Lagoon, effectively advancing the goals and objectives of the Coastal Zone Management Act at the local leveL 3. Connecticut River Estuary Regional Planning Agency The Connecticut River Estuary Regional Planning Agency (CRERPA) is a leader in Connecticut coastal management planning and implementation, and exemplifies effectiveness in advancing the goals of the Coastal Zone Management Act at the local leveL The Agency serves as a model for other regional and local land use authorities in its continuing efforts to increase public awareness of coastal issues and its use of innovative techniques. The Agency has established two canoe and sea kayak trails, the first of their kind in the state, and also developed companion laminated trail guides and interpretive signage along the trails. CRERPA worked with the Office of Long Island Sound Programs to provide much-needed outreach after several state legislative amendments went into effect in 1991. An example of CRERPA's innovative efforts in increasing public awareness of coastal management issues is the quarterly television program that CRERPA produces for the public access channel on their region's cable television station. Even in the performance of their day-to-day responsibilities as regional planners, CRERPA can always be counted on to provide thoughtful and meaningful coastal management assistance to its member 2 ìQia-ne Tlj~ner:Ò1V\TinSumm.rtf --~--~~~----------- page2J ._~_.._---- \.;t ~-~~- ..."", :--- I I communities. 4. U.S. Virgin Islands Department of Planning and Natural Resources The U.S. Virgin Islands Department of Planning and Natural Resources has been a critical component of efforts to develop a marine park management plan in coordination with federal agencies that have jurisdiction over areas outside of the territorial waters of the U.S. Virgin Islands and to utilize the marine park management plan to establish marine protected areas within the U.S. Virgin Islands. The Department also participates in the U.S. All Islands Coral Reef Initiative Coordinating Committee. The Committee has made significant contributions to improving the management of coral reefs within its waters. In addition, the Committee has helped to raise awareness of the importance of coral reefs to local communities and the alarming decline and loss of coral reefs in the U.S. and internationally. Committee members have also represented their governments on the U.S. Coral Reef Task Force, established in 1998, where they have been instrumental in shaping the national agenda for long-term protection and management of these important natural resources. Volunteer of the Year Mr. James Holland Altamaha Riverkeeper Mr. Holland began working coastal Georgia's rivers and estuaries as a commercial crabber 30 years ago. He helped develop the regulation requiring escape rings in Georgia crab traps and continues to fight for a regulation prohibiting the commercial capture of egg-bearing sponge crabs. Mr. Holland helped forge an effective coalition of commercial fishermen, recreational fishermen, environmentalists, academics, regulators, municipal officials and legislators. For the first time, traditional antagonists agreed on a common approach to address the deteriorating quality of Georgia's coastal waters. The water quality mandate developed by major coastal groups became the driving force for new research and outreach efforts. Mr. Holland went to the Georgia State Legislation and secured $304,000 earmarked for water quality research in coastal Georgia. He became a leading voice effectively opposing the injection of surface water into coastal aquifers. Mr. Holland formed the Altamaha Riverkeeper in January 1999 to establish a protective program for Georgia's largest coastal river. Non-aovernmental Oraanization of the Year American Fisheries Society The American Fisheries Society (AFS) has made available a collection of articles and policy statements to inform policy makers and the general public about marine stocks at risk. The material is the result of a recently concluded three-year study. The Marine Stocks at Risk Project uses peer-reviewed studies to identify North American stocks of marine fish at risk of extinction. In November 2000, the first AFS-recognized list of at-risk marine and estuarine fishes, and fish that live part of their lives in both marine and fresh water (exclusive of Pacific salmonids) was published in AFS' monthly magazine, Fisheries. Eighty-two species or subspecies are found to be vulnerable to extirpation and 22 may be vulnerable to global extinction. The lasting effects of such a project include raising public awareness of the dangers facing some marine stocks and the need for good management plans. In addition, the criteria can and will be applied to other coastal marine stocks. Excellence in Promotina Diversitv in Coastal or Ocean Resource Manaaement Mr. Mel E. Moon, Jr.. Director Quileute Natural Resources 3 L[)iane ~urner - 01WinS~mm.rtfmc.. . ~_~__=-=-=~~____._ '-' P8¡¡e4 .."" I I I I In his capacity as Director of the Quiieute Tribes Natural Resources, Mr. Moon has impressed many with a long career dedicated to inclusiveness in management of the marine resources and habitats of the west coast of the U.S. Mr. Moon has sought to encourage the education and careers of tribai members in marine resource management through programs between the tribes and the University of Washington. He has hired and directed non-Indians of many ethnic backgrounds and professional training; he manages to bridge the communication barriers and to build a common sense of purpose and commitment to top-quality marine resource management among a diverse set of people. Mr. Moon works with other tribes of the state and region through the North West Indian Fisheries Commission. As co-managers of the fish resources, the commissioners must harmonize management policies among tribal fisheries in the "usual and accustomed" tribal fishing areas. Mr. Moon has also served in a number of capacities in federai fisheries and forest management contexts. Furthermore, Mr. Moon has been appointed to the NAFT A Governmental Advisory Committee. Excellence in Business Leadership Public Service Enterprise Group The Public Service Enterprise Group (PSEG), based in New Jersey, is a publicly traded diversified energy company with annual revenues of approximately $6 billion. PSEG's Estuary Enhancement Program (EEP) is an innovative solution to an environmental issue that balances the needs of natural resources and the societal need for safe, dependable economic power. The EEP is addressing compiex environmental issues in ways that are providing substantial long-term, broad-based benefits for the natural resources of the estuary and the coastal zone. The EEP is a comprehensive program designed to promote aquatic productivity through a combination of innovative environmental improvement initiatives. One aspect of the EEP is a large-scale wetland restoration program. The EEP is the largest privately funded wetlands restoration program of its kind in the country. Through the EEP, more than 20,000 acres of degraded salt marsh and upland buffers along the Delaware Estuary in both New Jersey and Delaware are being restored, enhanced and/or preserved. PSEG is restoring these degraded wetlands to their natural condition, i.e., tidal salt marsh to provide expanded spawning/nursery habitat and food resources needed by fish, including important coastal migratory species, as well as other aquatic life and migratory wildfowl. This, in tum, will promote increased aquatic resource production and biodiversity in the estuary. All lands involved in the EEP are preserved in perpetuity with a conservation deed restriction that runs with the land or is owned by a governmental agency. Excellence is Coastal Zone Manaaement Dr. Stuart Stevens, Manager Georgia Coastal Management Program Under the leadership of Dr. Stevens. coastal zone management in Georgia has taken on an innovative face that stands out among other states. Regulatory functions are an important component of the Georgia Coastal Management Program, but Dr. Stevens believes that command and control tactics are suitable oniy for short-term solutions. He believes also that a long-term balance between economic development and naturai resource protection and conservation must be built on a mutual understanding of values. Because of those beliefs, Dr. Stevens has made technical assistance, not regulation, the hallmark of the Georgia Coastai Management Program. Dr. Stevens has also made public awareness and education a primary component of the Georgia Coastal Management Program. One innovative and effective approach to education is illustrated by the Coastal Ark, which is a fully functionai, technology equipped, mobile classroom designed to bring the training experience directly to the learner. He also established the Georgia Coastal Incentive Grant Program. To help provide tools and other resources to coastal communities, the Georgia Coastal Management Program contributes more than 60 percent of Georgia's Section 306 administrative allocation to eligible entities in the form of competitive Coastal Incentive Grants. Dr. Stevens has aiso improved communication among 4 I qia_ne Ty~ner -Ó1I,1VirlS~~m.~t(~~~-c-=--___~------~-- '-' þ~ ....., ---¡ stakeholders, streamlined permitting procedures, and taken an active role in coastal hazard preparedness and response. Excellence in Estuarine Research Reserve Manaaement Dr. John Taggart, Manager North Carolina National Estuarine Research Reserve Dr. Taggart oversaw the creation of the North Carolina National Estuarine Research Reserve (NCNERR). After formulating memoranda of understanding with a variety of state and federal agencies and non-profit groups to provide adequate supervision of an expanding system of sites, he now serves on the board of directors of both the Masonboro Society and the Carolina Estuarine Reserve Foundation, non profits that support acquisition and program development of the NCNERR Dr. Taggart has long supported human dimension research at the sites in order to provide the management they need to be exemplary examples of North Carolina estuarine ecology, while being available to citizens for education, research and recreation. The research and education programs have flourished under Dr. Taggart's management. Last year, the education program won a Governor's Award for Excellence in Innovation for developing live Internet field trips for school children to visit the reserve sites. The research program provides ieadership for the System-wide Monitoring Program and conducts research valuable to state managers. The stewardship program extends not only to the NCNERR's four components but, like the education program, to the additional five estuarine and coastal sites the Division of Coastal Management has chosen to protect under the Coastal Reserve moniker. Excellence in Marine Sanctuarv Manaaement Dr. John Broadwater, Manager Monitor National Marine Sanctuary, North Carolina The Monitor National Marine Sanctuary was the first marine sanctuary designated in 1975. Dr. Broadwater has managed the sanctuary for more than a decade, focusing the site's efforts to prevent further deterioration of the wreck, recover important ship components and artifacts, and protect the wreck from damage by human activities such as vessel anchoring and fishing. In 1997. under Dr. Broadwater's guidance, the sanctuary proposed an ambitious plan to stabilize the wreck and raise significant portions of the Monitor, inciuding the propeller, rudder, engine, and turret for preservation. Dr. Broadwater helped secure the funding and logistical support from Congress, the Navy, and the Mariners' Museum, along with several other partners for one of the most ambitious underwater archaeology restoration and recovery projects ever undertaken. Dr. Broadwater's work has helped to heighten awareness in the United States for protecting maritime cultural resources. His work played an instrumentai role in designating the Thunder Bay National Marine Sanctuary and Underwater Preserve in Michigan. Dr. Broadwater's expertise is also recognized woridwide and has led to his involvement in representing the United States on other international maritime archaeological expeditions. 5 lE~ne T~rner~ V¡ckie.-~lIin. vcf__~~_~~ '-' --~~- .."J Vickie Allin (301)713-3155 x126 (Work) Vickie.Allin@noaa.gov (Internet ) Name Family: Allin First: Vickie Middle: Prefix: Suffix: TeleDhone Number ( Work (301)713-3155 x126 x-mozilla-html FALSE Address P. O. Address: Extended Address: Street: Locality: Region: Postal Code: Country: Version 2.1 Electronic Mail Address ( Internet ) Vickie.AII in@noaa.gov Formatted Name Vickie Allin I .. .. -- ..--~_.____ !Eia_ne¡2l,!rner -~E3':".A.wards ceremony ancl ...ress matters ---- -"'" ---~ -_.__._._~. ....., From: To: Date: Subject: Vickie Allin <Vickie.Allin@noaa.gov> Jim David <JDAVID@stlucieco.gov> 9/18/01 12 :30PM Re: Awards ceremony and press matters Hi Jim, Thank you for the information and permission. I just spoke with David Mook, who will be representing the District at the awards ceremony. Should the press release identify you or him? Jim David wrote: > 1) You have my permission to identify me in your press release. > > 2) The District has been focused on wetland preservation and restoration activities since 1982. Those efforts have culminated in public acquisition of more than 1,700 acres of coastal wetlands, and restoration of over 3,000 acres. The District advances in wetland management have resulted in water quality improvements, wading bird foraging success (to be featured in a small way in the BBC's Blue Ocean Series coming out on the Discovery channel at the first of the year), and year-round fishery recruitment to the coastal wetlands of Saint Lucie County, which prior to 1982 were completely isolated from the Indian River Lagoon. Restoration of the wetlands has advanced the biological integrity and biodiversity of the South Indian River Lagoon, effectively advancing the goals and objectives of the Coastal Zone Management Act at the local level. > > >>> Vickie Allin <Vickie.Allin@noaa.gov> 09/14/01 10:46AM >>> > Hi, everyone. I hope you are all well and able to be with your loved > ones at this difficult time. > > Even if it were not for the terrible events of Tuesday, I would have > been out of touch most of this week because my computer was infected > with a virus on Monday. I just regained access to the internet and email > yesterday afternoon. > > I want to let you know that the Jones Awards ceremony has NOT been > postponed or cancelled. Even though we are all still shaken by this > week's tragedy, we are expecting the awards ceremony to go on as planned > on Oct. 3rd. Of course, it will take some time to work with you to > make your travel arrangements and we ask for your patience, but please > plan on attending the awards ceremony as scheduled. > > In view of the recent tragic events, we have changed our plans for press > releases > somewhat. One thing we will be doing next week is individual press > releases for > all of the winners to use with local press. For this purpose, I need > your help with two things: > > (1) I need your permission to identify you in the press release for > the media to contact and interview. (Dr. Brylske -- I know I have your > permission from our earlier correspondence.) > > (2) For the press releases, it would be helpful to have your > suggestion for one or two sentences about yourself and/or your > accomplishment that would be a "hook" for a news story. Please refer to > the attached Winners Summaries for what we have and suggest additions to > that. > > It would be helpful to have your permission and your suggestions for a lQiane TlJrner--=Re: A';a-;'dscerernony~-nr ~ress matte~~~- -~---~---- ._~------~-~-~- ---.------.- ---~. ...., > "hook" by Tuesday, Sept. 18th. > > NOAA is also planning to do a media advisory and NOAA press release on > all of the Jones Award winners a few days prior to the ceremony. Our > Legislative Affairs Office has also alerted Members of Congress who have > winners in their districts in order to allow them to issue their own > announcements prior to the NOAA national press release. > > Finally, as I mentioned in my notification email, letters have been > sent to each of you confirming your award and providing more information > on the ceremony. These ietters were mailed last Friday, Sept. 10th, but > due to the events of this week, delivery may have been deiayed. If you > have NOT received your letter, would you please let me know by > responding to this email, and I will fax your letter to you. > > Once again, let me congratulate you on your award. I know that > congratulation at > this time may seem out-of-place, but we believe that your > accomplishments and good work affirm the values our country stands > for. I look forward to meeting you in October. Vickie > > -- > ************************************************************ > Vickie A. Allin > Office of Ocean and Coastal Resource Management > National Ocean Service > National Oceanic and Atmospheric Administration > 1305 East-West Highway, Room 10622 > Silver Spring, Maryland 20910 > Tei: 301-713-3155, ex!. 126 > Fax: 301-713-4370 > Email: vickie.allin@noaa.gov ************************************************************ Vickie A. Allin Office of Ocean and Coastal Resource Management National Ocean Service National Oceanic and Atmospheric Administration 1305 East-West Highway, Room 10622 Silver Spring, Maryland 20910 Tel: 301-713-3155, ext. 126 Fax: 301-713-4370 Emaii: vickie_allin@noaa.gov cc: Beverly Byers <BYERSB@stlucieco.gov>, David Mook <DAVIDM@stlucieco.gov>, Suzanne Hitchcock <SUZANNEH@stlucieco.gov>, Bill Zahner <BiII.Zahner@noaa.gov>, Rosemarie McKeeby <Rosemarie.McKeeby@noaa.gov> [giane Tl,Jrner =-ViC~~~.A"in.VCf. ... ... --=--==.._~_.__.._~U '-' -~--- 1__ ...., Vickie Allin (301)713-3155 x126 (Work) Vickie.Allin@noaa.gov (Internet ) Name Family: Allin First: Vickie Middle: Prefix: Suffix: TeleDhone Number (Work) (301)713-3155 x126 x-mozilla-html FALSE Address P.O. Address: Extended Address: Street: Locality: Region: Postal Code: Country: Version 2.1 Electronic Mall Address (Internet) Vickie.Allin@noaa.gov Formatted Name Vickie Allin '-" ...., . From: To: Date: Subject: Linda Brown Diane Turner 10/12/01 1 :43PM Appreciation Itr presentation ~.~ Diane, As per our conversation, I am forwarding a copy of the letter that Comm. Hutchinson will be presenting to Craig Dunkelberger at the October 23 BOCC meeting. Please place in the presentation section of the agenda. A separate agenda C-4b will follow for acceptance of the monies. Regards, Linda y ...,¡ October 23, 2001 Craig E. Dunkelberger, P.E. Dunkelberger Engineering & Testing, Inc. 523A N.W. Enterprise Drive Port S1. Lucie, Florida 34986 Dear Mr. Dunkelberger: On behalf of the St. Lucie County Board of County Commissioners and the Parks & Recreation Department, I would like to extend our warmest appreciation for the generous donation in support of the South County Regional Sports Stadium. Dunkelberger Engineering & Testing, Inc.'s involvement exemplifies the commitment needed for the completion of the stadium and your company's dedication to the citizens of St. Lucie County. Sincerely, Frannie Hutchinson, Chairman Board of County Commissioners - ......- "'" AGENDA REQUEST ..",., ITEM NO. SA DATE: Oct. 23, 2001 REGULAR [ ] PUBLIC HEARING [ X ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Public Hearing to establish additional transfer between the County's Revolving Loan fund and the Briargate MSBU project fund budget. BACKGROUND: This MSBU project has been selected as one that meets the criteria of the MSBU in-house loan program. Staff needs to establish transfers between the County's Revolving Loan fund #001004 and the Briargate MSBU project fund 388 in order to cover additional refunds for prepaid assessments. Florida Statutes require that a public hearing be held on transfers between funds. Staff request the Board's approval for a public hearing to establish additional transfer of $800 between fund the County's Revolving Loan and Briargate MSBU fund. FUNDS AVAILABLE: nfa PREVIOUS ACTION: March 7, 2000 - The Board held a public hearing and approved Resolution 00-053 creating the Briargate MSBU and authorized the County Engineer to proceed with the engineering and design of the project. April 18, 2000 - The Board approved the Interlocal Agreement with FPUA and the City of Fort Pierce to provide potable water to the subdivision. March 27, 2001 - Board adopted Budget Resolution 01-85 establishing the budget for the Briargate MSBU project. October 16, 2001 - Board approved request to advertise a public hearing to establish transfers between funds. RECOMMENDATION: Staff recommends the Board approve a public hearing to establish additional transfer of $800 between the Briargate MSBU fund and the County's Revolving Loan fund. . COMMISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: County Attorney: XX 01 '/'i /" Coordi nati antS iQna tu res Management & Budget: ~ Purchasing: Orig Dept: Central Services: Finance: (Check for Copy only, if applicable) ~ Other: 7P G: ßlDGETWPAGE:-':DA'S\Agcnda02\IO'2} Publlr'ISßl."pd '-" ...", NOTICE OF PUBLIC HEARING TO BE HELD ON OCTOBER 23, 2001 9:00 AM ST. LUCIE COUNTY ROGER POITRAS ADMINISTRATIVE ANNEX BUILDING COMMISSION CHAMBERS 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA FOR THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TO APPROVE ADDITIONAL TRANSFER BETWEEN THE THE COUNTY'S REVOLVING LOAN FUND AND THE BRIARGATE MSBU PROJECT FUND. THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS IS HOLDING A PUBLIC HEARING TO ESTABLISH AN ADDITIONAL INTERFUND TRANSFER BETWEEN THE COUNTY'S REVOLVING LOAN FUND #001004 AND BRIARGATE MSBU FUND #388. TO INCREASE THE LOAN AMOUNT FROM THE COUNTY'S REVOLVING LOAN FUND INTO THE BRIARGATE MSBU PROJECT FUND BY $800 IN ORDER TO COVER ADDITIONAL REFUNDS OF PREPAID ASSESSMENTS. TO BE PUBLISHED ON: SATURDAY, OCTOBER 20. 2001 G:\BCDGET",\VP\AGE.:\OA'S' Agenda02\ I G'::!} PLlbHr\lSBU. \vpd , , \.i AGENDA REQUEST ..., ITEM NO. 5B DATE: Oct. 23, 2001 REGULAR [] PUBLIC HEARING [X ] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Budget Resolution 01-255 and the unbudgeted transfer between the County's Revolving loan fund and the MSBU In-house Financing Project Fund. BACKGROUND: The Board previously approved establishing a revolving loan fund for small Municipal Services Benefits Unit (MSBU) projects. The current procedure of transferring between funds require public hearings, are inflexible and demand an exorbitant amount of staff time for even the smallest change. With the number of MSBU projects increasing, this problem will only worsen. To be more responsive to the MSBU Coordinator's requests and the Board's directions, staff recommends transferring funds from the General - MSBU Revolving loan (fund 001004) into the MSBU Revolving Capital Fund (fund 370). This will allow the funds to be used for selected MSBU projects, approved by the Board, be transferred to a separate sub-fund, without having to announce or hold a public hearing. FUNDS AVAilABLE: See attached Budget Resolution 01-255. PREVIOUS ACTION: June 17, 2000 - Board approved establishing a MSBU Revolving loan fund. RECOMMENDATION: Staff recommends the Board approve a transfer between the General - MSBU Revolving loan Fund and the MSBU In-house Financing Project Fund and adopt Budget Resolution 01-255. COMMISSION ACTION: p.:] APPROVED [] DENIED [ ] OTHER: County Attorney: XX .,1r/ U<I Management & Budget: XX yzO (I~ i~,~ Purchasing: Coordination/S iqnatu res Orig Dept: Central Services: Finance: (Check for Copy only, if applicable) ~ Other: (f;þ Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 561-462-1777 or TOO 561-462-1428 at least forty-eight (48) hours prior to the meeting. · " ....... ...., RESOLUTION NO. 01- 255 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, the Board desires to make the MSBU In-house Financing Program more efficient by transferring funds previously reserved in the General Fund for this purpose into the MSBU In-house Financing Project Fund and WHEREAS, Section 129.06 (f), Florida Statutes, requires the Board of County Commissioners to hold a public hearing on the matter prior to approving the transfer by resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 23RD day of October, 2001, pursuant to Section 129.06 (f), Florida Statutes, that such funds are hereby appropriated for the fiscaj year 2001-2002, and the County's budget is hereby amended as follows: REVENUES 370 -0000-381100-000 APPROPRIATIONS 370-9910-599300-800 Transfer In $91,500 Reserves $91,500 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson XXX Commissioner Doug Coward, Vice Chairperson XXX Commissioner Paula A. Lewis XXX Commissioner Cliff Barnes XXX Commissioner John D. Bruhn XXX PASSED AND DULY ADOPTED THIS 23rd DAY 'OF OCTOBER, 2001. , ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY -" \ ~ ...", NOTICE OF PUBLIC HEARING TO BE HELD ON OCTOBER 23, 2001 9:00 AM ST. LUCIE COUNTY ROGER POITRAS ADMINISTRATIVE ANNEX BUILDING COMMISSION CHAMBERS 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA FOR THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TO CONSIDER AMENDING FISCAL YEAR 2001-2002 BUDGET BY BUDGET RESOLUTION 01-255 THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS IS HOLDING A PUBLIC HEARING TO AMEND CERTAIN BUDGETARY FUNDS AS FOLLOWS: TOTAL SOURCE BUDGET AFTER AMENDMENT AMOUNT USE $91,500 370-000-381100-000 TRANSFER IN $91,500 370-9910-599300-800 RESERVES ESTABLISH THE MSBU IN-HOUSE FINANCING FUND #370 BUDGET BY APPROPRIATING $91,500 FROM THE GENERAL-MSBU REVOLVING LOAN FUND #001004. THE ESTABLISHMENT OF THIS FUND AND THE ADOPTION OF THE BUDGET WILL FACILITATE THE PROJECT CONSTRUCTION FOR ALL FUTURE MSBU PROJECTS FINANCED THROUGH THE IN-HOUSE REVOLVING LOAN FUND. to be published on 10-20-01 Sat- The Tribune ,. .... """ AGENDA REQUEST -....I ITEM NO. ~ DATE: October 23,2001 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Director, Parks & Recreation SUBMITTED BY(DEPT): Parks & Recreation SUBJECT: requests. Approval of Sea Scout Ship "Edwin Binney" Foundation Inc./AMISTAD Sailing Ship Agreements and BACKGROUND: The County has been contacted by the Sea Scout Ship "Edwin Binney" Foundation Inc., who is planning to bring a replica ofthe Amistad sailing ship to Ft. Pierce from December 6-9, 2001. Operation Amistad, the local "Host Committee" is requesting use of the Summerlin Dock located at the South Causeway Park and waiver of the dock fees. Attached for review is brief history ofthe AMISTAD and of AMISTAD America, Inc. who own and operate the schooner, a formal request by Operation Amistad for use of the South Causeway Dock, a scope of the event, a site plan and an event shedule. Operation Amistad is also requesting use of the County's portable bleachers for the event. A formal request has also been received by staff from Amistad America, Inc. seeking approval to extend the AMISTAD's visit through December 15, 2001 and waiver of the dock fees for this extended period of stay. Attached for review is their formal request. (Operation Amistad representatives will be available to answer questions.) FUNDS AVAILABLE IN: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners approve the Agreements with the Sea Scout Ship "Edwin Binney" Foundation Inc. and AMISTAD America Inc. as drafted by the County Attorney and authorize the Chairman to sign. The Board give its approval for use ofthe County's portable bleachers by Operation Amistad for the event and waiver of fees at the Summerlin Dock from December 6 through December 15, 2001 the dates ofthe AMISTAD's stay. COMMISSION ACTION: CONCURRENCE: [21 APPROVED [ ) DENIED [ ) OTHER: Keep tract of expenses come back to Board at future date to reimburse accounts. Coordination/Siqnatures Originating Dept: ()J ( °r( , Mgt. & Budget: Purchasing Mgr.: County Attorney: other: Other: Finance: (Check for Copy only, if Applicable) Eff. 1/97 H:\WP\AMISTAD AMERICA INC AGREEMENT AGENDA.wpd 'Cj Cj ~ V\ . ....:. ~ cs C·-<:i-,,)rnldn Gr'-"':';·::'ry ?i;:\~r:,:k C.:'-~:!',;-! ,rrrFl~~ K,'j!,'C'" F",,¡r;ck EI'tt:'rVIl n r;¡(~nt D:,,,,! Bey :S\,t-! RJ1.~~l!ìq ?r,'~I'¡ R-\c.;.c: ~-.¡r~y Lp,.:, J r Hd¡~):-r L':(j!;.~I,:¡'~ J:;-:q¡TY Fl'¡>-ir ;:-k ~-'~:;"1~,'-1i:Ly lvh::-::~¡¡(.' \hh¡,;n ' Pr:'eJnm ':':1r:t1]r; 8':'-.';.-',11 V'ìc'¡;,::,-:·rnn F:'-'{lll;] Gr'-_'q--,ry Fr,,~;drlck PuLl:(; RC::ì ll'."n:~ ..JC.ìnrl(;UH í/I::;~h S(~;;ur¡ty C!I'cly McC,!1 1'1":1 nE:T;.-,rtdL:,':n H_'JJ,:'¡rd ;)urn, Jr P,:t,,,! Sedus Cyn~hF¡ F:-'ltlur E, IU':,-l L¡;:'!1 /Exh:\' ¡t~-; C;k~r1J .J:)hn::.:r-'n P,}(:n Fcrum Scr II'P;': Tr )(-t.c~u~r.; CC{lsL Publis!ìin:.:.¡- ('.:¡ '-' ~ ~ a ....:. ~ Cj ~ CD --0.. ~ October 16, 200 I St. Lucie County Commission: Frannie Hutchinson, Paula Lewis, Doug Coward, Cliff Barnes, John Bruhn Please accept this as a formal request for the use of the South Causeway Pier for the dates of December 6th - December 16th. The Freedom Schooner Amistad is scheduled to arrive at the Port of Ft. Pierce on the afternoon of December 6th and will be featured at the Operation Amistad Waterfront Freedom Festival on December 8th & 9th. Education is the primary mission of Amistad America. In accordance with that focus, the date of December 7, 200 I is being reserved exclusively for school groups from St. Lucie County's public and private schools. We estimate that at least 500 4th, 5th & 6th grade students will be able to tour the vessel on that day. There will be no charge to the students touring the vessel on that day nor to the public who will tour during the Festival weekend. While the children are visiting the Amistad it would seem expedient to also tour the St. Lucie County Historical Museum. We request that the Museum be opened on Monday, December lOth and that regular fees be waived to all students between December 7th and December 15th. The Amistad has offered to extend their stay in our community for the dates of December lOth - 16th. During that time they will may remain open for additional school groups from our county and the general public. They are asking for no additional remuneration from us for this extended stay; though they would certainly expect complimentary docking while they provide this service to our community. They will request a small donation from people who tour the vessel during the extended stay but no one will be required to pay to board and tour the Freedom Schooner Amistad. To facilitate the parking and logistics of the Freedom Festival we request that the boat ramp at the South Causeway Park be closed for the dates of December 8th & 9th. While we realize that this will inconvenience some boaters, by limiting the ramp closure to the actual festival days, we hope to minimize the impact. '-" ...",; In our discussions with County administrators we have graciously been offered the use of trash receptacles, portable toilet facilities, hydraulic bleachers, the Historical Museum's 'barn' as well as staffing to facilitate the event. We greatly appreciate these in kind donations and hope that you will empower County staff to continue to aid and assist us with whatever means are available to ensure the success of this very historic project. The festival committee is hard at work .Operation Amistad is definitely a work in progress. We have invited Governor Jeb Bush, the Lieutenant Governor as well as other state and federal officials to attend this auspicious occasion. While we do not know what state and federal officials will be able to attend we hope that all our local officials will want to participate. The US Coast Guard will be sending out its cutter, barring other military obligations, to greet the Amistad. If funding allows, we hope to secure a nationally recognized performer to cap off the festivities on Saturday the 8th with a concert from 5-7pm followed by the Annual Christmas Boat Parade. This is going to be a big event and an excellent way to showcase many of the attributes ofSt. Lucie County. It is important that you recognize that this is not a fund raising event but rather a consciousness ralsmg event. The Operation Amistad Committee is working hard to give a gift, a large gift to the people of our community. We hope that you will do everything in your power to assist us in this magnanimous gesture. Enclosed is additional information about Amistad America, Inc. as well as the Operation Amistad Waterrront Freedom Festival. On separate sheets you will find supplemental information for your perusal. 1 hope that these will answer any questions you may have regarding this planned event. Please vote on October 23, 200l to approve the use of the South Causeway Park and pier for December 6th through l6th,. While some details and paperwork are yet to be completed, without a vote by the County Commission we are unable to proceed with any additional planning, press releases, promotion or fundraising efforts. The Amistad is scheduled to arrive in 51 days rrom the date of this letter. Time is of the essence! Sin~ere!y~, f' ,rr;---.-~ -L.l.., ~~~~~~~~. Kathleen Piowaty Fredrick Co-chair Operation Amistad Host Committee 2 JCT 17 2COl 3:05PM AMISTAD AMERICA 203-485-8647 p.2 AMISTAÐS'~nø)¿Ú?~ ""'" www.ami.rad.....erica.org 199 ::rown Str.... New Hoven, CT 065 W-2701 W. (VIcdl) H. ~l.b.:1'. Jr. Via Pre.JitNnt~ D~~t{lpmel;t c:/ iJl11'!c,!Ù!g sen¡be@amislad-aml!!'rica.org (203) 49';.967]/(~66) A,\'¡¡STAD F"" (203) 495-9647 October 16, 2001 Mr. Pete Keogh, Parks & Recreation Director Board of County Commissioners-St Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982 RE: Proposed Visit by Amistadto F~nt Pierce. Florida. Q~_çember 6 -15 Dear Pete: First of all, thanks so very much for taking some time to speak with me last week regarding the poss:bility of a visi: by Amistad to Fort Pierce, Floriaa. AMISTAD America, Ine , owner, o~erator and protector of Freedom Schoorer Amistad, is very much lookirg forNard to par:iclpating in Operation Amistad, December 6 - 9, that is being organized by Kathleen & Greg Fredrick, It is our h:Jpe to be able to extend our visit to St. Lude County to Deœ1'1be' 15. Your support, as well as that of the Board of County Commissioners anc other parties, is necessary :1" order to make the proposed visits a reality. Cooperation ¡s one of 1I1e many legacies and lessons of the Amistad Incident of 1839. It will be on ~/ through the cooperative efforts of the various constituents, entities and our crgarization that the visit will be possibie. AMISTAD America has ::Jeen impressed with the dedication that Mr. & Mrs. Fredrick have demonst'a!ed and :;ommitted to this effort. We have been working with them now for several montns 10 ensure that the visit by Amistadwill contrbute in a positive way to the education of the area school children, residents of 51. Lucie County and tourists who may be visiting. Mr. & Mrs, Fredrick have been attempting to respond to the various criter a and guidelines that AMISTAD America has developed in order to ensure that a visit by Amistad is successful. Cne of the first items to be addressed, as we discussed, is confinnalion that the water depth ;s sufficient for tne draw of the vessel. Based upon documentation that has been provided :y Mrs. Freorick, AMISTAD America Is ccnfldent that the depth of the water al Summerlin Dock is adequate to support the visit by Amistad. In order to extend the stay by Amistsd in Fort Pierce beyond December 9 to December 15, AMIST AD America is requesting that the Board of County Comrrissioners waive any dock 1"9 fees that fT1ight normally be associated with use of the Summerlin Dock during the period of December 10-15. This request is made in light of the educational nature of the Freedom Scrooner and the mission of our national non-profit organization. ana of the reasons for e>(1endin~ our sta~' in Fort Pierc.e is to maKe sure that as many school children as possible bave the opportunity to tour Am;stad during this perhaps once in a lifetime visit by the schooner to Fort PierCE. Additional!y. AMIST AD America would like as many residents of Si. Lucie Coumy ULI ~ CI.,i\..:J ::,j:U~t-'M HM1::iIHU HMI::~l¡;H 203-495-9647 p.3 '-' ....., to:)e able to learn the lessons of the Amistad Incident, which are cooperation, tolerançe, leadershb, courage, justice and freedom. It is our understanding that Mrs. Fredrick and the committee members of Operation Amistad are working diligently to secure the funding and other support required in association wittl the proposed visi~ by Amistad to Fort Pierce. However, AMISTAD America will need access to the rescurcss of the Board of County Commissioners as part of the extended visit. Chiel among these services wiJI be shore power (110V/50amp), fresh water supply to the vessel, uniformed security, access to both a fuel do::k and pumpout facilities, AMISTAD America also biings, as part of its port visits, a twelve (12) panel self-contained standing exhibit. Use of the Historical Museum Bam will make it possIble for visitors to read and learn more about the Amistad !nci¡jenl, re-construction of Amistad and the mission of AMISTAD America. Onœ the Beard of County Commissioners has confirmed that the Summerlin Dock will be available for berthing Am;stsd dUring the period of its extended stay, December 10-' 5, witf1 the reql..êsted fee waiver and that the power and wat6r supplies are ava:¡ab:e along with the exhibit area. AMiSTAD America will issue a contract for review by the Board of County Commissioners. Th9 contract can cover the entire De::ember 6 - 15 period or separate contracts can be issuec for Operation Amistad, December 6-9 and the extended stay, December 10 -- 15. " is 1I1e goal of A'v1ISTAD America to allow as many persons as pos$ible to be able to visit the floating museum classroom, Amistad. As a result, we do i,ol charge an admission fee fer visitNS. instead,:t is suggested that donations of $2.00/person and $5.00/family be maoe to maintain the vessel and crew and support the mission of AM 1ST AD America. We woUld expe::t to be open ~ school children, churci"', community, social and other groups, as well as the general ¡:ub!ic, from 9:00 a.m. until 5:00 p.m. each day Amistad 'sn Fort Pierce. The above will hopefully provide the Board of County Commissioners and you with the informaton necessary to support the request to have AMISTAD America extenc the visit Qf Amfstad to St. Lucie County, Florida. Please do not hesitate to contact me if additional inf:xmat1on about AMISTAD America and Freedom Schoener Amistad would be hel¡:ful. Naturally, we will also be happy to respond to any questions or othsr requests you may nave to help facii:tate Operation Amìstad and the extended visi,- AMISTAD America looks forward to bringing Amistad, an educationa:, cultural and tourist attractiQn with messages of cooperation, leadership, justice and freedoll to the schoolchiidren. residents and visitors of Fort Pierce and 51. Lude County, Florida. Con Amistad (With Friendship), 11~ c: Christopher R. Cloud, Executive Director, AMISTAD America, Inc. Grage!)' Fredrick, Co-Chairman, Operation Amistad Kathleen Fredrick, Co-Chairman, Operation Amistad '-' -..."I Proposed Entertainment Schedule Thursday December 6, 2001: Welcoming Ceremony: Port St. Lucie High School Band VIP Reception: Ft. Pierce Jazz Society Trio Friday, December 7, 2001: No entertainment at the festival site planned During the festival entertainment will follow a set schedule and is being coordinated by Darryl Bey; President of the Ft. Pierce Jazz Society Saturday, December 8, 2001(see suggested performers list) Beginning at 1 0:00am and continuing every 1 Y2 hours until 7PM *Headline act on stage fÌ'om 5:00 -- 7:00pm 7:00pm; Annual Christmas Boat Parade, sponsored by the Marine Industry Association Sunday, December 9th Sunrise inter-faith service 8:00 -- Noon: Choir-thon Noon to 4PM additional local talent; (see suggested performers list) Suggested Perfonners The Dati Lamas Naz R Blue Bobby and the Blisters Mat Manning The Latin Swing Orchestra Felix Moss and the Easy People Cookie and the Vagrantz Port St. Lucie High School Jazz Band Lincoln Park Orchestra Various Musical Groups fÌ'om I.R.e.e. Choir-thon: Choirs representing various churches fÌ'om throughout St. Lucie County Proposed Headliner: Richie Havens *Funding has yet to be secured for this performer 3 '-' ....,I Outside Agencies & Organizations Planning on Participating in Operation Amistad Watemont Freedom Festival Amistad America, Inc. Sea Scout Ship Edwin Binney #404 u. S. Coast Guard U.S. Coast Guard Auxiliary Ft. Pierce Police Department St. Lucie County Sheriff's Department Bell South Pioneers St. Lucie County School Board The Good Time Gang Numerous area churches 4 '-' '-' Parking & Security Please find the attached security schedule from the Ft. Pierce Police Department. Their Community Policing division will be coordinating on site security during the festival hours. Cindy McCall is the Chair of Security for the Host Committee. Officer James Cozine is the City's police liaison to the Host Committee Additional volunteer security personnel will be on hand through the Festival; volunteers coordinated through Bell South Pioneers Before and after the festival hours, paid uniformed security will be on site to protect the vessel as well as the vendors who are participating. Parking is being coordinated by Howard Dunn, liaison to the St. Lucie County Sheriffs Explorers. All available South Causeway Park parking will be utilized. Ample handicapped parking has been set aside. We will be parking cars beneath the south bridge as well as along Seaway Drive. (See site plan) A Special Event Permit has been filed with the City of Ft. Pierce. As these areas are within their jurisdiction, additional details will be coordinated through the City. 5 1Eii.t".::"Ol 1'::::1:3 ~':'14&1l ': ,0 FPPD '- "-" FT PIERCE POLICE DEPARTMENT 920 S US 1 FT PIERCE, FL 34954 (561) 461.3820 I (II J á!(j 1 To: Kathy Fredrick, Operation Amistad From: Ofc Cozine (544) Re:f: Tentative Law Enfor('ement Schedule The tentatj ve sched,lle is as foIJO\'is: Friday Dee 7 - 1 unifom1ed officer 9am - Spm Saturday Dee 8·- 3 uniformed of1ìcers, 2 undercover officers 9am _ 7pm Sunday Dee 9 -- 1 uniformed oftìcer 6am - lOam 2 uniformed oft-1cers lOam - 4pm 2 undercover officers lOam - 4pm This schedule does not include the assistance of the St LU<.:ie County Sheriffs Office, Fi.,(,E IlL,' o~ '-' wi School Tours Current Registration in St. Lucie County schools is as follows 4th grade = 2,443, 5th grade = 2,410, 6th grade = 2,581 Total registered 4th, 5th & 6th graders =7,431 Gloria Johnson has been appointed by Superintendent Vogel to coordinate the educational outreach of this event. She is coordinating field trips from area schools as the Education Chair to the Host Committee. We can accommodate between 500 -600 students per day. We are targeting the 4th, 5th and 6th grade. The number of children who will be able to participate will depend on the County Commission. If the extended stay is not approved then only 500 -600 of our public school children will be able to participate in field trips. Additional students from area private schools will participate. If the extended stay, through the 15th, is approved we expect to be able to bring an additional 2,500 - 3,000 to this unique historic exhibit. Students from surrounding communities will participate if scheduling allows. In addition to the participation by our public schools, we expect to also schedule field trips from our community's private schools. 6 '-' 'WÎ Specific Request Of S1. Lucie County by Operation Amistad 1. We require exclusive use of the North Dock at the South Casueway Park for the entire time fÌ'ame of the Freedom Schooner Amistad's port visit. At no time will it be acceptable for another vessel or the general public not participating in the Festival activities and tours to share this dock. (Please see attached docking plan) 2. Provide at least three sets of hydraulically operated bleachers. Bleacher delivery by noon on Friday, December 7th pickup on Monday December loth. 3. Set up and regular maintenance of portable restroom facilities, capable of servicing large crowds, to be used for the dates of December 6th - 9th. If an extended stay is approved we request a reduced number remain in place throughout the Amistad's entire port visit. 4. Delivery and regular maintenance of trash receptacles throughout the South Causeway Park fÌ'om December 6th - loth. 5. Use of the Historical Museum's barn to be utilized as a retail sales facility for Amistad related merchandise for December 6th - 9th. If an extended port visit is approved we request continued access through December lsth 6. Keys to the Museum's gates and the barn's doors to allow unfettered access to the Museum's barn fÌ'om December 6, - 9. If an extended port visit is approved we request continued access through December 16th. 7. Use of the St. Lucie County Historical Museum's landscaped grounds to be utilized for the VIP reception to be held on Thursday, December 6th fÌ'om 3- 7pm. This is an excellent way for the County to showcase the museum to visiting dignitaries and prominent citizens. 8. We request that the 8t. Lucie County Historical Museum extend its hours of operation to coincide with the daylight activities of the WaterfÌ'ont Freedom Festival. In the event that an extended visit is approved we request that it be open to school children on Monday, December 10th and that admission fees be waived for 8t. Lucie County school children who are touring the vessel and the Museum. 9. Use of the currently vacant office adjacent to the Historical Museum's 'barn' to be utilized by Operation Amistad during the festival and during any approved extended port visit. The vessel requires a phone line and high speed Internet access. We wish to run a phone line into this office for their use. We would also like to be able to utilize the office as a 'command post' for the Operation Amistad Committee during the festival. ¡\.. v ,~ l/( :'1'0 .A,' ¡:.,. ~ r 1) , \ç vI 7 '- 'wIJÎ 10. In the event that an extended port visit is approved, we request that the county fund the presence of one security guard or police officer to provide 24 hour security for the vessel during the extended visit. If you review the attached vessel requirements, which were provided to the St. Lucie County administrative staff in early September, you will note that security is the responsibility of the host community. It should be noted that Operation Amistad isfunding all security between December 6-10. After that time the vessel will be contracting with the county and not the Operation Amistad Host Committee or the contracting authority; Sea Scout Ship Edwin Binney Foundation, Inc. II. We request that the County install railings along the dock to ensure the safety of the general public and our school children as they travel the dock.( A proposed design you may wish to utilize is attached) At the Harbor Advisory Council meeting Mr. Bradshaw told the members present that the County would address the issue of railings. 12. We request the closing of the boat ramp at the South Causeway park for the dates of December 8-9, 2001. 13. We request an immediate vote to approve the visit and the extended stay with all the above provisions so that we may proceed with planning, promotion and fundraising for this event. 8 UI_;-lb-¿~j~:11 14:.5b HRRBOR INSURf+JCE AJEI··/CY 561 460 23::: P.0UOl I-I 11\ '-' .-..1 HARBOR INSURANCE AGENCY 2222 COlONIAl. ROAD, SUIl't 100 . FORT PIERCË, Fl 34950-5309 Siru:e 1901 October 16,2001 St. Lucie County Commissioners Ft Pierce, FL TO WHOM IT MAY CONCER.'\!: This is to iofonn you, the Sea Scout Ship Edwin Binney FOWldaûon, Inc., will be obtaining liability insurance through this office, in the amoW1t of $1 ,000,000 per occurrence/$2,OOO,OOO aggregate. Also, Amistad America, Inc., St. Lucie County, City of Ft. Pierce and McCulley Marine will be additional insureds on the special event policy. If you should have any questions, do not hesitate to give me a call. Sincerely, ~~ '-t(\c:-~ Cíndy Mc&all, Agent TEl: (561) 461-6040 . FAX: (561) 460-2315 horborjQ.com CleV _. TOTRL P.Ol '"'" "-'" SECTION TVlO VUdeL Requirel1Unti Please address each of the following issues in order as listed. We need confirmation in writing from the harbormaster that the port you select can accommodate AmWtad. HislHer signature on your proposal is acceptable. The dock where Ami.;tad is to be berthed must be Coast Guard approved. D Name and location of harbor. D Name and telephone number of harbormaster. o Signature of harbormaster. THE VESSEL 10:)" \ \1 . o Amilta2 draws~' and requires.J-ot"'"at low tide. DIDO' clearance for masts. o A minimum 80' dock space, preferably on a floating dock. D Shore power to vessel (lIOv/50 amp). D Water supply to the vessel. D 2'::-hour uniIormed police security. o Access to fuel dock. D Access to pumpout. D DSL or other high speed telephone or cable connection. ~ . INSURANCE C Event insurance (minimum of $2,000,000) must be provided naming A..VJ.ISTAD America, Inc. as an additional i:!Sured. THE CREW o i\ccess to on-site or nearby laundry facilities. D :\ccess to on-site or nearby grocery. o Access to on-site or nearby restaurant(s). D Access to on-site or nearby chandlery. D HOJt Committee agrees to provide, at its expense, a minimum of two hotel accommodations for crew, and hotel accommodations for staff of Al'viISTAD America, Inc. C Ho"t Committee agrees to provide at its expense ground transportation for crew and staff during the visit by Freedom Schooner AmiJtaJ :5 """" "'- '-' \r\ ~ ~ / / ~1 o 0 Iì\. I ) ¿ ~r \-.[1 j \ . ,/ ~ rv '/ 0 - / (J cfJ~ ''-" " '>. f' '~ S L ~ 0 1 ., I '" o tJ \ 1 )1 "- I ~ 113 c () ~ 0 ~ .v'J ~ á :1 p . -" I II £ , .~ i; <f I ( -- fó) cJ " ç ~ ,/ GfJ ~ úl " <J..- " I 0 oJ \<0 - / « "0 LL- " ----.... / I / I I \ \ r, ) ./ d / -7 ~ j ¿ ./ ;ì (.Þ , ) () \ 5 ,/ . II ~/ I - ~~ ~~ c6 s ~ ;;8"" ð 0 ~ v If' ~ f) d) ~- - , I I I I \ -- - - ---,.. ! 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ALTHOUGH THIS MAY BE THE AVERAGE WATER DEPTH TODAY, DECEMBER YOU MAY HAVE MORE OR SUGHTLY LESS WATER DEPTH DEPENDING ON MOON PHASE AND TIDAL ACTIVITY. IF YOU HAVE ANY OTHER QUESTIONS PLEASE CONTACT ME AT 464-1245 THANK YOU, - . --- - ~ - - - - .. - - _.- -. :'~l~~~':''': ~. ..., I'-¡QI-'r -','r·A,'-....~~.:: ¡'[..., /,_, ,_, I 'I~JY':--:,-, , r.......·;,:.. _ ~ ff\ H. ~ '" t l~ ~ L fj L..- ~~ MN ~= In. .. . 4 !'J- l¡) /;2- / J.- J-;L 12- / ;2- N,~c, t ( [l L u! I ~ ;}-,5- I fli- t ( i I'J.- 113- /01 J; .;l.-- ::2- 1" (J . ~'" D'" " .>-'~ ~ .:::. ; "j c..r ~ C I~\ cet< 2-~':; /0 -I;) -0 ( l c w S~.,I"o c..k... T0J::: A P?íiCX ! 'of P'1'1 S OvrJ () S',:\ /.'00 - r I j~ ff'1 J/-lþ ~ f"7ïqM.Ct. G 1 MFi"z/NA '- Fon: Plerce Tides - based on Mlami Harbor Entrance, Florida Offsets: hloff=0.100000 htoff=-9min 11off= Low Tide: 2001-10-08 6:16 AM EDT 0.59 . Hlgh Tlde: 2001-10-08 12:49 PM EDT 3.14 Low T~de: 2001-10-08 6:52 PM EDT 1. 06 Hlgh Tlde: 2001-10-09 12:54 AM EDT 2.95 Low Tlde: 2001-10-09 7: 13 AM EDT 0.67 iÜgh Tide: 2001-10-09 1:49 PM EDT 3.07 Low Tlde: 2001-10-09 7:54 PM EDT 1. 09 Hlgh Tlde: 2001-10-10 1:59 AM EDT 2.92 Low Tlde: 2001-10-10 8:20 AM EDT 0.72 ...........~ Tlde: 2001-10-10 2:57 PM EDT 3.07 :ow Tlde: 2001-10-10 9:05 PM EDT 1. 05 Hlgh Tlde: 2001-10-11 3: 13 AM EDT 2.97 :ow Tlde: 2001-10-11 9:33 AM EDT 0.70 H:gh Tide: 2001-10-11 4:05 PM EDT 3.14 Low Tide: 2001-10-11 10:15 PM EDT 0.91 Hlgh Tlde: 2001-10-12 4:27 AM EDT 3.12 Lew '!'lde: 2001-10-12 10:43 AM EDT 0.60 Hlgh Tlde: 2001-10-12 5:09 PM EDT 3.28 :"o,^ Tlde: 2001-10-12 11: 18 PM EDT 0.69 H.:gh Tlde: 2001-10-13 5:33 AM EDT 3.33 :'ow Tlde: 2001-10-13 11: 46 AM EDT 0.46 Fort PiVe Inlet, south jetty, .Flori< 6 Decem ber 2001 - 7 Decem ber 200 27.4700· N, 80.2883· W 2001-12-06 5:46 EST 0.34 feet Low Tide 2001-12-06 6:57 EST Sunrise 2001-12-06 12:17 EST 3.10 feet High Tlde 2001-12-06 17:26 EST Sunset 2001-12-06 18:27 EST 0.63 feet Low Tlde 2001-12-07 0:42 EST 2.91 feet High Tlde 2001-12-07 6:51 EST 0.48 feet Low Tlde 2001-12-07 6:58 EST Sunrise 2001-12-07 13: 19 EST 3.02 feet Hlgh Tlde 2001-12-07 14:53 EST Last Quarter 2001-12-07 17 :26 EST Sunset 2001-12-07 19:32 EST 0.55 feet Low Tide 2001-12-08 1:52 EST 2.91 feet High Tlde ·.·..·,·,..,·,·,·.·.·..·.·.·,·..·.·.·.·.·.'n..·,·.·" 8 December 2001 - 9 Decem ber 2( 27.4700· N, 80.2883· W 2001-12-08 1:52 EST 2.91 feet H1·g:h Tld 2001-12-08 6:59 EST Sunrise . 2001-12-08 8: 00 EST 0.56 feet Low Tide 2001-12-08 14 :22 EST 2.99 feet High 1'10' 2001-12-08 17 :26 EST Sunset 2001-12-08 20:37 EST 0.40 feet Low Tlde 2001-12-09 3: 02 EST 2.98 feet High Tld- 2001-12-09 6:59 EST Sunrise 2001-12-09 9:08 EST 0.57 feet Low Tide 2001-12-09 15:24 EST 3.00 feet High Tid, 2001-12-09 17:27 EST Sunset 2001-12-09 21:39 EST 0.21 feet Low Tlde 2001-12-10 4:07 EST 3.10 feet High TidE' 10 December 2001 - 11 December: 27.4700· N, 80.2883· W 2001-12-10 4:07 EST 3.10 feet Hlgh Tide 2001-12-10 7:00 EST Sunrise 2001-12-10 10:11 EST 0.52 feet Low Tide 2001-12-10 16:22 EST 3.04 feet High Tide 2001-12-10 17:27 EST Sunset 2001-12-10 22:36 EST 0.01 feet Low T1de 2001-12-11 5:06 EST 3.22 feet High Tlde 2001-12-11 7:01 EST Sunr1se 2001-12-11 11: 08 EST 0.44 feet Low Tide 2001-12-11 17: 15 EST 3.09 feet High Tide 2001-12-11 17:27 EST Sunset 2001-12-11 23:28 EST -0.16 feet Low Tlde 2001-12-12 5:59 EST 3.32 feet H1gh Tlde c c " ~ c c ~ ~i"=.:.:;::ç' ..._U· OL -------- f'.I'ßQ() . <' '\)........ \ \''r~t y~: ~ -f'z.-~ ~ æ 4'\1'- ¥ ~~lì '6t'~ t)t;,~ ..¡' -/¡\ Q,. ,(~ '~í': '. 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AGENDA REQUEST ..", ITEM NO. 7 '" '-' DATE: October 23, 2001 REGULAR [XX] PUBLIC HEARING [J CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Ordinance No. 01-23 - PaMicular Permitted Accessory Structures and Uses in Residential. Agricultural and Planned Unit Development Districts - Permission to Advertise BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board determine whether to grant permission to advertise Ordinance No. 01-23. COMMISSION ACTION: [ ] APPROVED [ ] DENIED IX] OTHER: 3-2 Pending County Attorney findings. Voted 3-2 give warning instead of citation. Take back for comments and suggestion~rom interested parties. Dan Will provide monthly written update. If l<e"lew and Approvals V~ County Attorney: t Management " Budget Purchasing: Originating Dept. Public Works Dir: County Eng. : Finance: (Check for Copy only, if applicable) Eff. 5/96 ... ". ,. '--' "'-" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO. 01-2379 DATE: October 12, 2001 SUBJECT: Ordinance No. 01-23 - Particular Permitted Accessory Structures and Uses in Residential, Agricultural and Planned Unit Development Districts - Permission to Advertise ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: At the request of Commissioner Barnes, County staff drafted Ordinance No. 01-23 which, if adopted, would revise permitted accessory USes in residential, agricultural and planned unit development districts for unincorporated St. Lucie County. The draft regulations would expand the areas that outdoor storage of boats, personal watercraft, trailers or recreational vehicles are permitted to include one in the front yard on a paved surface. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board determine whether to grant permission to advertise Ordinance No. 01-23. Respectfully submitted, /~ Katherine Mackenzie-Smith Assistant County Attorney KMSI caf Attachment '""" ..., ORDINANCE NO. 01-23 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 8.00.03 PARTICULAR PERMITTED ACCESSORY STRUCTURES AND USES IN RESIDENTIAL, AGRICULTURAL AND PLANNED UNIT DEVELOPMENT DISTRICTS, TO PERMITTING THE STORAGE OF ONE BOAT, ONE TRAILER, ONE RECREATIONAL VEHICLE OR TWO PERSONAL WATERCRAFT ON A TRAILER IN A FRONT YARD ON A PAVED SURFACE; BY AMENDING SECTION 2.00.00 "DEFINITION" TO INCLUDE THE DEFINITION OF PERSONAL WATERCRAFT; FOR PROPERTIES LOCATED IN THE UNINCORPORATED AREAS OF THE COUNTY; PROVIDING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPUCABIUTY; PROVIDING FOR FIUNG 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 - March 14,1991 91-09 - May 14, 1991 91-21 - November 7, 1991 92-17 - June 2, 1992 93-01 - February 16, 1993 93-03 - February 16, 1993 93-05 - May 25, 1993 93-06 - May 25, 1993 93-07 - May 25, 1993 94-07 - June 22, 1994 94-18 - August 16, 1994 94-21 - August 16, 1994 1 Underlined phrases are added. Strl:ld< through phrases are added. """" >.,I 95-01 - January 10, 1995 96-10 - August 6, 1996 97-01 - March 4, 1997 97-09 - October 7, 1997 97-23 - September 2, 1997 99-01 - February 2, 1999 99-02 - April 6, 1999 99-03 - August 17, 1999 99-04 - August 17, 1999 99-05 - July 20, 1999 99-15 - July 20, 1999 99-16 - July 20, 1999 99-17 - September 7, 1999 99-18 - November 2, 1999 3. On , 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 , 2001, 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 5. On , 2001, 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 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 is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: ~ Underlined phrases are added. Struck through phrases are added. "'" ...." **************************** CHAPTER II DEFINITIONS Personal watercraft means a small class A-lor A-2 vessel as defined by state law which uses an outboard motor. or an inboard motor powering a water jet pump. as its primary source of motive power and which is desi!;/ned to be operated by a person sitting. standing. or kneeling on. or being towed behind the vessel. rather than in the conventional manner of sitting or standing inside the vessel. **************************** CHAPTER VIII ACCESSORY AND TEMPORARY STRUCTURES AND USES 8.00.03 PARTICULAR PERMITTED ACCESSORY STRUCTURES AND USES IN RESIDENTIAL, AGRICULTURAL, AND PLANNED UNIT DEVELOPMENT DISTRICTS Permitted accessory structures and uses include: A. Non-commercial garages, parking lots, and parking areas, together with related circulation elements. B. Enclosed storage structures and greenhouses. C. A child's playhouse or gazebo. D. Non-commercial parks, playgrounds and athletic areas. E. Private swimming pools and bathhouses, provided that the swimming pool, or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access to such swimming pool from the street or from adjacent properties. F. Outdoor storage of boats, personal watercraft. trailers, or recreational vehicles provided that :Stich :storage area shall not be located il'l a frol'lt yard al'ld provided that such boats, trailers, or vehicles shallnl.'Jt be u3ed far living, 3leepil'lg, I.'Jr hl.'Ju3el<eeping ptlrpl.'J3e:;. the following: -ª Underlined phrases are added. Strucl< thrl.'Jugh phrases are added. '-' .....,I 1 Such boats personal watercraft. trailers or recreational vehicles shall not be stored in the front yard or any side yard located between the main building and any pro jections thereof and the front property line except that one boat. one trai ler. one recreational vehicle or two personal watercraft may be stored on one trailer which shall be located on a paved surface and shall be setback a minimum of ten (10) feet from the front property line. Where stored on a paved surface. such boat. personal watercraft trailer or recreational vehicle shall be parked perpendicular to the street upon which the property is accessed. except when parked at least 100 feet from any street frontage on lots or parcels of land one (1) acre or more in total area. In those instances of a corner lot. or a parcel having more than one frontage on more than one street. and there is paved or improved access to the property from those streets. the same setback and numeric criteria outlined above shall apply. 2. Such boats. personal watercraft. trailers or recreational vehicles shall not be used for living, sleeping or housekeeping purposes. ~ Such boats personal watercraft.trailers and recreational vehicles must be owned or used by the owner or occupant or guest of the owner or occupant of the property upon which the boat. personal watercraft. trailer or recreational vehicle is parked. located or stored, and must be for the personal off-site use of the owner or occupant or guest. rather than for rent or hire. 4. Such boats personal watercraft trailers or recreational vehicles shall have valid motor vehicle license or registrations at all times. 5. Such boats, personal watercraft. trailers or recreational vehicles shall not be stored on drums barrels concrete blocks. lumber or similar devices which cause the storage of the boat. trailer or recreational vehicle to be deemed unsafe. 6. No inoperative boat. personal watercraft. trailer or recreational vehicle may be stored or parked on the paved surface. For the purpose of this Code. a boat. personal watercraft. trailer or recreational vehicle shall be deemed inoperative if it has removed or flat tires; partial or complete dismantling or removal of parts; broken glass: missing major parts such as lights. doors. hoods. or motor parts essential for the lawful and safe operation of the boat. personal watercraft. trailer or recreational vehicle. The positioning of the boat. personal watercraft. trailer or recreational vehicle in other than an upright or operable manner or lack of a current license plate or current registration decal shall raise a rebuttable presumption that the boat. personal watercraft. trailer or recreational vehicle is inoperable. ~ Underlined phrases are added. Struck through phrases are added. '-" ..",; G. Private water and sewage utility services provided that they are for the sole use of the particular private development, are not intended to be a sub-regional system, and do not involve industrial wastewater as defined. H. Swimming beaches. I. Non-commercial docks and boat houses. J. Home occupations subject to the requirements of Section 8.01.00. K. Historic and monument sites. PART B. CONFUCTING 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. SEVERABIUTY . 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 beheld 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. APPUCABIUTY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FIUNG 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. ~ Underlined phrases are added. Struck tnrougn phrases are added. '"'" ~ 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 Frannie Hutchinson XX Vice Chairman Doug Coward XX Commissioner Paula Lewis XX Commissioner John D. Bruhn XX Commissioner Cliff Barnes XX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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 ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Q Underlined phrases are added. Strud< through phrases are added. .~ '-" ... AGENDA REQUEST ITEM NO. ;¿ L DATE: October 23,2001 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attomey Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 01-249 - Proclaiming the month of November, 2001, as "Adoption Awareness Month" in S1. Lucie County, Florida. BACKGROUND: Approximately 75 to 100 children in St. Lucie County are waiting for an adoptive family. Nearly all of these children have special needs because of physical, mental or emotional disabilities; because they must be placed with siblings; because they are children of color; or because they are school-aged. Pamela C. Black ofthe Children's Home Society of Florida has requested that this Board proclaim the month of November, 2001, as Adoption Awareness Month. The attached Resolution No. 01-249 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 01-249 as drafted. COMMISSION ACTION: NCE: IX] APPROVED [] DENIED [ ] OTHER: 5-0 o las Anderson ty Administrator County Attorney: [Jr. Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 ~ ~ ..-j RESOLUTION NO. 01-249 A RESOLUTION PROCLAIMING THE MONTH OF NOVEMBER, 2001, AS "ADOPTION AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of 81. Lucie County, Florida, has made the following determinations: 1. Approximately 75 to 100 children in 81. Lucie County are waiting for an adoptive family. Nearly all of these children have special needs because of physical, mental or emotional disabilities; because they must be placed with siblings; because they are children of color; or because they are school-aged. 2. These children need extra patience and support to help them overcome previous hardship. 3. All children have the right to a forever family; and families are able and willing to adopt children who have special needs. 4. It is important to stress that a disability, low income or being single, does not disqualify individuals from adoption. 5. Children waiting for adoptive parents and families who have adopted these children require and deserve community and agency support. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: 1. This Board does hereby proclaim the month of November, 2001, as "ADOPTION AWARENESS MONTH" in 81. Lucie County, Florida. 2. This Board encourages community agencies, religious organizations, businesses and '-' ..,; others to celebrate adoption, honor families that grow through adoption, further an awareness of the changes and issues in adoption, and focus attention on those children who live in the shadow of an uncertain future while they await forever families. PASSED AND DULY ADOPTED this 23rd day of October, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Oct 11 01 11:52a chs adoptions p. 1 ., ....... '--! ' \}.~ ,('i) \ 4# " ()J xl}\>~ \o\~? \}~ Xo~~'" JØ y~ children's ~home ~~~~1~!~ Hel/¡i¡¡g 11,m Liv('~ Around FamiLies For Kids SpecÙ,f Needs Adoptions 800 Virginia Avenue, Suite 48 Ft. Pierce, Florida 34982 Phone: (56]) 429-1072 Fax: (561) 429-2D78 FAX TO:¡f)~ ~~j FROM:~____~vkJ FAX#: ~¿;:;J-;:2 !--.3J #OFPAGES: __~___ PHONE: _ . DATE: _ /0 i_ßj_p~_ RE:__tJ~~1 /)tI~û~ ~_t!?&~ J Urgent 0 For Review C Please Comment IJ Please Reply ~ ~ 0-tW P/Z177U (]~~~ 10 ri-& ~k~~~__~______ Lh~ ~___ ______ E~c--t2n~_ ----- ....-.- ------ --.--.--- ~ -,._---~----_._----- CONFlDEJ\TIALlTY STATUTE Thô informatJon contained in this facsimile message is privileged and/or confidential, pursuant to Florida Statute 39.202(5) "Ail records and reports of the child protection team of ¡he Department of Health arc co"fid,m!Ìa! and e.r:emptfrom the provisions ofss. i 19.07(1) a~d 455.667 and shall not bø disclosed, except, upon 'equ~st. to ¡hc state alJomey, lawe/¡forcement, the departmenf, and necessary professionals, l"furtherance of the treatment or additional evaluative /¡eeds of the GMId, by urder oflhe coun, or to health plœ/ PŒ}'Vrs. ilmired fa thai information usedfor insurance reimbu,,"ement purposes. ", Ifth~ reaÖer of this :nessllge is not the intenÖed recipient, yon are ~.~reby notified tt.ar any dissemination, distribution or copying of this ~ommuniçatj<Jn is strictly prohibited and pursuant to Florì<L\ Statute 39,202 (51 is n secund-degr~~ misdemcano;', lfyou have received thb communication in elTvr, pkase immediately notifY us by telephQn~, ane: return the original mes>age to us at the original address via the U.S. Postel Service. Tnank you. Dot 11 01 11:52a ohs adoptions '-' ....; ADOPTION MONTH PROCLAMATION Whereas, approximately 75 to ; 00 children in our county arc waiting for and adoptive family; Whereas nearly all of these children ha\e sp<.:ciaI needs because of physical, mental or emotional disabilities, because they must be placed with siblings, because they are children of color, or because they are school-aged; Whereas, these children need extra patience and support To help therr. overcome previous hardship; Whereas, all children have the right to a forever family; Whereas, lamilics are able dlld willing To adopt children who have special needs; Whereas, it is important to stress that a disability, low income œ' being single does not disqualify individuals from adopting; and Whereas, children waiting for adoptive par{;!1tS and Families who have adopted these children require and deserve Community and agency support; J\ow, Therefore, I m________n_______ Do hereby proclaim NOVEMBER. 2001 AS Adoption A warenes.5 Month In I/Ol1or oft/lis event, I encourage commun;l}' agel/des, religious organizatiOl/, businesses and others to celebrate adoption, honor j(lmilies that grow through adoptÙm,furtll" (m awareness of the changes and iysues lJI adoptioll, and focus attention on those children who live in the s/,adow of an uncertainflllure while tlley awaitforever families, Signed Date p.2 , I '-' ...,.¡I AGENDA REOUEST ITEM NO. ~ DATE: October 23, 2001 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attomey Daniel S. McIntyre County Attorney SUBJECT: Resolution No. Ol-243a - Proclaiming the Month of November, 2001, as "Hospice Month - Hospice Care: Comfort and Compassion When It's Needed Most" in St. Lucie County, Florida (For Hospice ofthe Treasure Coast, Inc.) BACKGROUND: Hospice care provides humane and comforting support for terminally ill patients and their families, including pain control, palliative medical care, and social, emotional and spiritual services. Hospice of the Treasure Coast, Inc., has joined the National Hospice and Palliative Care Organization, and an estimated 3,300 hospice providers, in declaring November 2001, as hospice month and are calling on all St. Lucie County residents to observe the occasion with appropriate ceremonies and activities. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt the attached Resolution No. 01-243a as drafted. [~APPROVED [] DENIED [ ] OTHER: 5-0 COMMISSION ACTION: r '-' County Attorney: Originating Dept. r.YJ Review and Approvals Management & Budget Other: Finance: (Check for Copy only, if applicable)___ ....,! Purchasing Other: Eft. 5/96 ... .~ ""'" RESOLUTION NO. 01-243a A RESOLUTION PROCLAIMING THE MONTH OF NOVEMBER, 2001, AS "HOSPICE MONTH - HOSPICE CARE: COMFORT AND COMPASSION WHEN IT'S NEEDED MOST" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: l. Hospice care provides humane and comforting support for terminally ill patients and their families, including pain control, palliative medical care, and social, emotional and spiritual services. 2. Hospice fulfills basic human needs of feeling comfortable in familiar surroundings and of attaining physical and emotional peace during the last stage of life. 3. More than 40,000 professionals and 90,000 volunteers provide comforting and supportive hospice services to nearly 700,000 patients and their families in an estimated 3 ,300 hospice programs throughout the United States. 4. Hospice of the Treasure Coast, Inc., has joined the National Hospice and Palliative Care Organization, and an estimated 3,300 hospice providers, in declaring November 200l, as Hospice Month and are calling on all S1. Lucie County residents to observe the occasion with appropriate ceremonies and activities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofS1. Lucie County, Florida: 1. This Board does hereby proclaim the month of November 200 I, as Hospice Month in 81. Lucie County, Florida. 2. This Board encourages the support and participation of all citizens in learning more about ;- ',-, "-" the hospice concept of care for the elderly, disabled, and infirm. PASSED AND DULY ADOPTED this 23rd day of October, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY OOfJ'vf z-f\ ~ Cd' ~?J FAX TRANSMISSION Dr ""'" 4:34PM; 4~p/~';' ISW ~¿() 0\ / d- cr~b /tMf Ò,~ J. O( /1 1í C?'~ Sent By: ~OSPICE TREASURE COAST; 5614656309; 00::-2-01 Date: -OllQ¡¡~~ _~_'.n~Q01 TO: 2h_~_l!ci~,Ç()Y.!lty Administrati:lrs Offic~_ ----.., rc VD\JC) \ W yû .~~V,))y,_}-J ______~__7~ '[l) A TTN: Diane Turner Fax #: 462-2131 ~Ï<ÙM: Judy McSwain faJ(. #': 465-6309 co..., M l:.NTS: We are requesting a Procll:lma-;:ion for National Hospice Monch. ....P.l~>!k ...mtt...~s Laae0n your aç¡ende to accept the Proc:lamation. Please ;Let... _n:!,_~f ..;,1/ when ¡'our meeting is. -- - Th'H~ Number of pages inducHng this cover sheet 2 Any medical documents äccompanying this FAX transmission contain PRIVILEGED AND CONfIDENlIAl information and is intended for the use of the addressee only. If this fax transmission is unclear, or utherwise incomplete, please telephone the sender at the number checked. [ x] 805 Virginia Avenue., Suite 1, Fort Pier\;e, FL 34982 ( ] 1250 SE Port st. Lucie Blvd., Port St. lucie. Fl 34952 [ ] 5090 Dunn Road, Fort Piercel FL 34981 561.465.0504 561.337.3660 561.465.$393 Sent By: HOSP:CE TREA,'URE COAST; 5614656309; ('. 2·C1 4: 34PM; f. Jge 2/2 ......... .....,¡. NAJ IOKAL ~IOSPjCE MUNTH Hospice Care: Comt0r1 ¡,Uld lompassion \Vhen It's!'- ~~r!et1 i\" it "10\, mber 2001 Officeo lJ1l County Admirll~ U'ator S1. LucÍto Counly. Flond,! Procl a.... Itt¡<:>" Whereas, hospice clU'e provides humane:md eomt'trting support for Ie] ¡ninaHy :iì j1atienti> ~nd their families. including pain control, palliative rlied¡ :al C,lre, md sociaL ~'uoti0l11 and spirit ìal ser"ices. Whereas, h08¡.>jce fJlfills basic human needs ofteelÜ g c(.nfortable in fall ,¡ar sutrlundings and ofaltajníng physical and emotional peace during the [art slag\,; of life. Whereas, more than 40,000 profe!'.sionals and 90,000 vohm1cers p;'ovide cotd'o!'ting and supportive hospice services to nelU'ly 700,000 patients and tiìeír faUli lies in an ~s¡imated 3,300 hospice ProgUUllS throughout the United States. Whereas, Hospin! oftbe TrellSure Coas1, In~:. has joined the Nath'ual Ho pic..: <:mJ PaJliative Care Organi:,:atìoH, and an estimated 3,300 hospice providers in de~'ari 19 Novembtr 2001 as National Hospice Month and are calJing on aJl Americans to observeh" occasion \\ ;th appropriate c(jre1l1onies and activític3. Now, therefore, be h resolved that I, Doug Anderson, St. Lucie County Aimillistral"r J0 hereby proclaim November 2011 as: NATIONAL HOSPICE MONTH Tn St. Lucie County and encourag.' the suppor1 and participatìon of all cìtizem in ¡~~amjn& more about the hospice concept of care fOl the elderly, disabled. and infinn. In witness whereof I have hereunto SCt InY hand and caused this sea] to be affìxed D~'ug Anderson, County Administrato ~ ..,; AGENDA REQUEST ITEM NO.-* DATE: October 23, 2001 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 01-243b - Proclaiming the Month of November, 2001, as "Hospice Month - Hospice Care: Comfort and Compassion When It's Needed Most" in St. Lucie County, Florida (For Hospice of Martin & St. Lucie, Inc.) BACKGROUND: Hospice care provides humane and comforting support for terminally ill patients and their families, including pain control, palliative medical care, and social, emotional and spiritual services. Hospice of Martin & St. Lucie, Inc., has joined the National Hospice and Palliative Care Organization, and an estimated 3,300 hospice providers, in declaring November 200l, as hospice month and are calling on all St. Lucie County residents to observe the occasion with appropriate ceremonies and activities. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 01-243b as drafted. COMMISSION ACTION: þ{] APPROVED [] DENIED [ ] OTHER: 5-0 r J County Attorney: Originating Dept. (1 1--..0 '-' Review and Approvals Management & Budget Other: Finance: (Check for Copy only, if applicable)___ ....., Purchasing Other: Eff. 5/96 """ '-' RESOLUTION NO. 01-243b A RESOLUTION PROCLAIMING THE MONTH OF NOVEMBER, 2001, AS "HOSPICE MONTH - HOSPICE CARE: COMFORT AND COMP ASSION WHEN IT'S NEEDED MOST" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Hospice care provides humane and comforting support for terminally ill patients and their families, including pain control, palliative medical care, and social, emotional and spiritual services. 2. Hospice fulfills basic human needs of feeling comfortable in familiar surroundings and of attaining physical and emotional peace during the last stage of life. 3. More than 40,000 professionals and 90,000 volunteers provide comforting and supportive hospice services to nearly 700,000 patients and their families in an estimated 3,300 hospice programs throughout the United States. 4. Hospice of Martin & S1. Lucie, Inc., has joined the National Hospice and Palliative Care Organization, and an estimated 3,300 hospice providers, in declaring November 2001, as Hospice Month and are calling on all St. Lucie County residents to observe the occasion with appropriate ceremonies and activities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby proclaim the month of November 2001, as Hospice Month in S1. Lucie County, Florida. 2. This Board encourages the support and participation of all citizens in learning more about '-" '.J the hospice concept of care for the elderly, disabled, and infirm. PASSED AND DULY ADOPTED this 23rd day of October, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY HQ~ICE~ Founaation~ OF MARTiN & ST. LUCIE. INC. 2030 S.E. Ocean Boulevard Stuart, FL 34996 (561) 221-8205 (561) 223-7341 Fax www.hos¡jcemsl.org FOUNDATION BOARD OF DIRECTORS Presir!errl Ronald Wishart VICe President Roy "Rem' Mayes SecretaI}' James P. "Pete' Williams T æasurer Bonney Johnson Chief Executive Officer Patricia Murphy, R.N., MA Hospice Foundation of Martin & St. Lucie, Inc. is a recognized not-for-profit 501 (c)(3) organization. Your contribution is tax deductible to the fullest extent provided by law. ~-------, '-' ""'*'-.----; --;- - - - \ .----...--". . Q\ ,., ,(... \ \\ \ \ ..\~\.\\. Y,_J.;;._:.- \ \ \\ ~" ~ .-- ¡. ':'\ . , " \J.' .. '~,!¡ SEP?" 1 200\ ......J \ .,' I \. \ " -, 'I -- ---' \ \,.., \.-------.-::on:1cE \ \ -. þ.O~^""'" __"---.- , \,(, -- \_.~. September 19, 2001 ATTN: Diane Turner Doug Anderson St. Lucie County Administrator 2300 Virginia Avenue, 3rd Floor Annex Ft. Pierce, FL 34982 Fax: 561-462-2131 Dear Doug Anderson: We at Hospice of Martin & St. Lucie, Inc. would like to request the Board of County Commissioners to designate November 2001 Hospice Month for Martin County. The National Hospice Organization celebrates November as National Hospice Month. During this time hospice programs through out the country strive to increase community understanding of hospice care. By proclaiming November as Hospice Month in St. Lucie County, you will help us reach this goal. Enclosed is a copy of a sample proclamation. If you will advise us of the date the proclamation will be proposed, we will have a Hospice representative at the meeting. Thank you in advance for any consideration that you may give to this request and for your continued support of Hospice of Martin & St. Lucie, Inc. Sincerely, -G~ \\~Q\..'Y: Patricia Murphy, R.N., M.A. Chief Executive Director '-" ..." Office of the Board of County Commissioners 51. Lucie County, Florida Whereas, hospice care is the most humane tradition of health service delivery in the United States, providing 24-hour palliative medical care and social, emotional, and spiritual services for the terminally ill, as well as support for the family; and Whereas, hospice care helps patients live fully during their final days by alleviating the fears associated with terminal illness such as dying in pain, alone, and as a burden to the family; and by enabling them to remain in the comfort and security of home or home-like settings; and Whereas, more than 40,000 full-time professionals and 90,000 volunteers in association with an estimated 3,200 hospices work together to serve more than 390,000 individuals throughout the nation; and Whereas, these dedicated men and women form a valuable network of end-of-life support in our nation's vast health care system and are deserving of special honor and appreciation for their many contributions; and Whereas, an increase in public awareness and understanding of hospice care will better serve the families who are faced with a terminal illness in our community and help ensure that hospice services are a guaranteed benefit for all citizens; and Whereas, Hospice of Martin & St. Lucie, Inc. has joined the Hospice Association of America, the National Hospice Organization, and an estimated 3,200 hospice agencies, in declaring the month of November 2001 as National Hospice Month and are calling on all Americans to observe this occasion with appropriate ceremonies and activities; Now therefore, be it resolved that The Board of County Commissioners of 81. Lucie County do hereby proclaim November 2001 as NATIONAL HOSPICE MONTH in the cities of Ft. Pierce, Florida and Port St. Lucie, Florida and encourage the support and participation of friends, neighbors, colleagues, and fellow citizens in associated hospice programs now and throughout the year " ~ AGENDA REQUEST -...,I ITEM NO. e.. A 1. DATE: Oct. 23, 2001 REGULAR [] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Adopt Budget Resolution 01-259 to establish the Grey Twig Lane MSBU budget. BACKGROUND: The Grey Twig Lane Drive MSBU project has progressed to the point where an initial budget can be established. This project will fund the costs necessary in bringing potable water improvements in the subdivision. The entire cost of the project will be funded through non ad ad valorem special assessments within the Grey Twig Lane MSBU. Staff requests the Board's adoption of the MSBU budget to facilitate the project construction. FUNDS AVAILABLE: See attached Budget Resolution 01-259. PREVIOUS ACTION: August 14, 2001 - Board accepted petition and granted permission to advertise the Initial Public Hearing. September 18, 2001 - the Board adopted resolution 01-204 creating the Grey Twig Lane MSBU and authorized the County Engineer to proceed with the design, permitting and bidding of the project. RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 01-259 establishing the budget for the Grey Twig Lane MSBU project. COMMISSION ACTION: [xl APPROVED [] DENIED [ ] OTHER: ug Anderson County Administrator Coordi nation/Siq natures County Attorney: XX /l:~\ Management & BUd9~t: ~ Purchasing: Orig Dept: Central SerJices: Finance: (Check for Copy only, if applicable) 1- Other: RP Anyone with a disability requiring accommodation to attend this meeting should contact the SI. Lucie County Community Services Manager at 561-462-1777 or TOO 561-462-1428 at least forty-eight (48) hours prior to the meeting. " '-' ..., RESOLUTION NO. 01- 259 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 in the form of contributions from property owners participating in the Grey Twig Lane Municipal Services Benefits Unit. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. 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 Commissione-rs of St. Lucie County, Florida, in meeting assembled this 23RD day of October, 2001, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2001-2002, and the County's budget is hereby amended as follows: REVENUES 399 -0000-384300-38005 APPROPRIATIONS 399 -4115-563030-38005 399 -4115-563003-38005 399 -4115-563005-38005 399 -4115-563008-38005 399 -4115-563011-38005 399 -4115-563028-38005 399 -4115-549114-38005 399 -9910-599330-800 399 -9950-572100-800 399 -9950-573100-800 Proceeds-Contributions from Prop Owners $152,000 Improv oft Bldgs-Utility Improvements Improv oft Bldgs-Survey Improv oft Bldgs-Consulting Engineer Improv oft Bldgs-Advertising Improv oft Bldgs-Permits & Applications Improv oft Bldgs-Environmental General and Administrative Fees Project Reserves Interest - Notes . Additional Bond Expense $92,000 $ 3,500 $14,500 $ 350 $ 1,500 $ 1,500 $ 6,650 $15,000 $ 7,000 $10,000 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson XXX Commissioner Doug Coward, Vice Chairperson XXX Commissioner Paula A. Lewis XXX Commissioner Cliff Barnes XXX Commissioner John D. Bruhn XXX .- ';, '-' ...., PASSED AND DULY ADOPTED THIS 23'd DAY OF OCTOBER, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY '-" AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration SUBJECT: Bi-Weekly Committee Reports 11~ NO.-ª-- DATE: October 23.2001 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: BOCC BACKGROUND: At the April 11, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda. on a bi-weekly basis, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2nd and 4th Tuesday of each month. FUNDS AVAilABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: Committee Blueway Advisory Committee Chamber of Commerce Board of Dir. Children's Services Council Cultural Affairs Council SlC Expressway Authority Friends of SlC Library Property & Homeowners St. Lucie County Fire District Transportation DlCB Treasure Coast Regional Planning Council COMMISSION ACTION: [ ] APPROVED [] DENIED [x] OTHER: Reports Given Meetint1 Date Monthly Monthly 2nd Thursday 2nd Tuesday 3'd Thursday 2nd Thursday 2nd Wednesday 3'd Wednesday 2nd Wednesday 3'd Friday Commissioner Barnes Hutchinson Barnes Hutchinson lewis/Bruhn Lewis Lewis Bruhn/Coward Lewis Coward/Barnes glas Anderson ounty Administrator /"/ , ~ AGENDA REQUEST ..,.¡ 5) ITEM NO. 'i\..... AI DATE: October 23, 2001 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Project for Phase II of Sage Living Center - Resolution No. 01-258 Authorizing the Issuance of the Bonds BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 01-258 as drafted. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: County Attorney: f~' 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 & DEMPSEyL.L.P. MEMORANDUM TO: Chairman and Members of the Board of County Commissioners of S1. Lucie County, Florida FROM: Robert O. Freeman DATE: October 17,2001 RE: S1. Lucie County, Florida Project for Phase II of Sage Living Center The Board has previously approved and issued Bonds to assist Sage Living Centers, Inc. (the "Company"), to finance a portion of the cost of Phase I (an assisted living facility) of Lake Forest Park Retirement Community. The Company has requested the County to issue Bonds on behalf of the Company in an amount ofnot exceeding $8,500,000 to finance Phase II of Lake Forest Park Retirement Community which consists of an approximately 59-unit residential rental facility for seniors located at 2909 25th Street South, Fort Pierce (the "Project"). The Internal Revenue Code of 1986, as amended (the "Code"), permits the issuance of bonds by the County to finance the Project on a tax exempt basis. Prior to the issuance of any such bonds, however, the County must hold a public hearing to receive public comment on the Project to be financed through the issuance ofthe bonds. A notice of public hearing was published to fulfill the requirements of the Code. Bonds issued by the County to finance the Project will not be a debt or liability ofthe County but will be special, limited obligations of the County, payable from and secured solely by payments to be made by the Company under a loan agreement and related documents to be entered into by the County and the Company. The attached TEFRA resolution approves the Project and its fmancing by the Bonds pursuant 7304 V2I28902-00087/m-board tefra and autb '-' -.I to Section l47(f) of the Code. The amount of Subordinated Bonds has been increased so that the aggregate amount of bonds will be $8,635,000, which increase is less than 5% of the TEFRA approval of $8,500,000 and is permitted under the Code. The attached Authorizing Resolution provides for the issuance of the bonds and all action to be taken in connection therewith. REQUESTED ACTION: Consideration by the Board of the TEFRA resolution approving the issuance of the bonds after the public hearing for purposes of the Code. Consideration by the Board ofthe Authorizing Resolution providing for the issuance of the Bonds for the purpose of financing the Project, and authorization of execution of documents necessary to consummate the financing. Robert O. Freeman 7304V2/28902-00087/m-board te:fÌ"a and auth '-' ...,.¡ No. 01-~ BOND RESOLUTION A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA AUTHORIZING, INTER ALIA, THE ISSUANCE OF NOT TO EXCEED $8,900,000 IN AGGREGATE PRINCIP ALAMOUNT OF ST. LUCIE COUNTY, FLORIDA REVENUE BONDS (SAGE LIVING CENTER OF FORT PIERCE II, LLC - LAKE FOREST PARK RETIREMENT COMMUNITY PROJECT) SERIES 2001, PROVIDING AN EFFECTIVE DATE WHEREAS, St. Lucie COLmty, Florida (the "Issuer") is a political subdivision ofthe State of Florida; and WHEREAS, the Issuer is authorized and empowered under and pursuant to the provisions of Part II of Chapter 159 of the Florida Statutes, as amended (the "Act"), to issue its special revenue bonds (the "Bonds") to (i) finance the costs of construction, acquisition, furnishing, and equipping of a "health care facility," which includes facilities for the housing of and care of or for aged persons, (ii) fund financing charges, including interest during construction and for a reasonable period after completion of construction, and (iii) pay other costs necessary to place the facilities in operation, and (iv) pay certain costs relating to the issuance of such Bonds; and WHEREAS, in accordance with the applicable provisions of the Act, the Issuer, proposes to enter into a Loan Agreement (the "Agreement"), to be dated as of October 1, 2001 (or such later date as may be approved by the Issuer), with the Borrower, under the terms of which the Issuer agrees to issue the Bonds to finance, in whole or in part, the cost of acquiring, constructing and installing a certain proj ect referred to in the Agreement which constitutes a "health care facility" as defined in the Act (the "Proj ect"), and the Borrower agrees to pay to the Issuer specified payments which will be fully sufficient to pay the principal of, redemption premium, if any, and the interest on, the Bonds hereinafter authorized as the same become due and to pay certain administrative expenses in connection with said Bonds; and WHEREAS, it is also proposed that the Issuer should designate a "Trustee," "Paying Agent" and "Bond Registrar" in accordance with the request of the Borrower to serve under the Indenture; and WHEREAS, it is also proposed that the Issuer should take all such additional actions, make all such elections, authorize the filing of such certificates, applications, reports and notices, and authorize such other actions and proceedings as shall be necessary in connection with the issuance of the Bonds; and WHEREAS, there have been presented to the Issuer at this meeting the following proposed forms of documents and the proposed form of the Bonds as set forth in the Indenture: "-' -..I Exhibit "A" Form of Loan Agreement, to be dated as of October 1, 2001; Exhibit "B" Form ofIndenture of Trust, to be dated as of October 1,2001; Exhibit "C" Form of Bond Purchase Agreement to be dated as of the date of execution thereof; Exhibit "D" Form of Tax Regulatory Agreement to be dated the date of issuance of the Bonds; and Exhibit "E" Form 0 fPreliminary Official Statement; and WHEREAS, it appears that each of the documents hereinabove referred to, which documents are now before the Issuer, is in appropriate form and is an appropriate document for the purposes intended; NOW, THEREFORE, BE IT RESOLVED, as follows: Section_I. Authority for Bond Resolution. This Bond Resolution is adopted pursuant to the provisions of the Act. Section 2. Findings. It is hereby ascertained, determined and declared that: (a) the financing ofthe acquisition, construction and installation of the Project is a lawful and valid public purpose in that it will further the public purpose intended to be served by the Act; (b) the Borrower has represented that the payments to be received by the Issuer under the Agreement will be fully sufficient to pay the principal of, redemption premium, if any, and the interest on the Bonds as the same become due and to pay certain administrative expenses in cormection with the Bonds; and (c) the Bonds will constitute only special limited obligations of the Issuer and will be payable solely from the amounts payable by the Borrower under the Agreement and the amounts specifically pledged therefor under the Indenture and will not constitute a debt or a general obligation or a pledge ofthe faith and credit of the State of Florida or St. Lucie County, Florida, and will not directly, indirectly, or contingently obligate said State or said County to levy or to pledge any form of taxation or other revenues whatever for the payment thereof Section_3. Authorization of Financing of Acquisition. Construction and Installation of Proiect. The financing of the acquisition, construction and installation of the Project as contemplated in the Agreement and the Indenture is hereby authorized. 2 '-" ....., Section_ 4. Authorization of Bonds. For the purpose of paying the costs, in whole or in part, of acquiring, constructing and insta11ing the Project, the issuance of not to exceed $8,900,000 in aggregate principal amount of special, limited revenue bonds of the Issuer known as "St. Lucie County, Florida Revenue Bonds (Sage Living Center of Fort Pierce II, LLC - Lake Forest Park Retirement Community Project) Series 2001," is hereby authorized. The Bonds shall be dated the date of issuance thereof, mature in the years not exceeding 30 years from the date thereof, bear interest at rates not exceeding 10% per annum, be subject to redemption prior to maturity, be issued in such series, and be payable as set forth in Articles II and III of the Indenture. The final terms of the Bonds, as set forth in the Indenture, shall be subject to the approval of the Chairman ofthe Board of County Commissioners of the Issuer, which approval shall be conclusively evidenced by his execution ofthe Indenture. The Bonds shall be issued as registered bonds without coupons in various denominations with such rights of exchangeability and transfer of registration and shall be in the form and executed and authenticated in the manner provided in the Indenture. The term "Bonds" as used herein shall be deemed to mean and include the Bonds as initially issued and delivered and Bonds issued in exchange therefor or in exchange for Bonds previously issued. Any Bonds hereafter issued in exchange or for transfer of registration for the Bonds initially issued and delivered pursuant to the Indenture shall be executed in accordance with the provisions of the Indenture and such execution by the Chairman of the Board of County Commissioners and Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners of the Issuer, whether present or future, is hereby authorized. Section_ 5. Authorization of Agreement. The execution, delivery and performance ofthe Agreement by and between the Issuer and the Borrower are hereby authorized. The Agreement shall be in substantially the form attached hereto as Exhibit "A," subject to such minor changes, insertions or omissions as may be approved by the Chairman ofthe Board of County Commissioners of the Issuer and the execution of the Agreement by the Chairman of the Board of County Commissioners and Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners of the Issuer as hereby authorized shall be conclusive evidence of any such approval. Section 6. Authorization of Indenture. In order to secure the payment of the principal of, and the redemption premium (if any) and the interest on, the Bonds herein authorized, and in order to secure the performance and observance of all the agreements and conditions in the Bonds, the execution, delivery and performance of the Indenture by and between the Issuer and the Trustee are hereby authorized. The Indenture shall be in substantially the form attached hereto as Exhibit "B," subj ect to such minor changes, insertions or omissions as may be approved by the Chairman of the Board of County Commissioners of the Issuer and the execution of the Indenture by the Chairman of the Board of County Commissioners and Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners of the Issuer, as hereby authorized shall be conclusive evidence of any such approval. Section 7. Authorization of Bond Purchase Agreement. The execution, delivery and performance of the Bond Purchase Agreement providing for the sale of the Bonds, by, between and 3 '-' ....., among the Issuer, the Borrower and Morgan Keegan & Company, mc., as Underwriter, a copy of whicb bas been presented to the Issuer at this meeting and considered by the members of its Board of County Commissioners and which is on file and of record with the Clerk ofthe Circuit Court, ex officio Clerk ofthe Board of County Commissioners ofthe Issuer, are hereby authorized. The Bond Purchase Agreement shall be in substantially the form attached hereto as Exhibit "C," subject to such minor changes, insertions or omissions as may be approved by the Chairman ofthe Board of County Commissioners of the Issuer and the execution of the Bond Purchase Agreement by the Chairman of the Board of County Commissioners of the Issuer, as hereby authorized shall be conclusive evidence of any such approval. Section 8. Authorization of Tax Regulatory Agreement. The execution, delivery and performance ofthe Tax Regulatory Agreement between the Issuer and the Borrower, a copy of which has been presented to the Issuer at this meeting and considered by the members of its Board of County Commissioners and which is on file and of record with the Clerk of the Circuit Court, ex officio Clerk oftbe Board of County Commissioners oftbe Issuer, are hereby authorized. The Tax Regulatory Agreement shall be in substantially the form attached hereto as Exhibit "D," subject to such minor changes, insertions or omissions as may be approved by tbe Chairman oftheBoard of County Commissioners of the Issuer and the execution of the Tax Regulatory Agreement by tbe Chairman of the Board of County Commissioners of the Issuer as hereby authorized shall be conclusive evidence of any such approval. Section 9. Approval of Preliminary Official Statement. The use and distribution of the Preliminary Official Statement with respect to tbe Bonds are hereby approved, said Preliminary Official Statement to be in substantially the form attached hereto as Exhibit "E" The use and distribution of the Official Statement to be dated on or about the date of issuance of the Bonds, substantially in the form ofthe Preliminary Official Statement, except containing the final terms of the Bonds, are hereby approved. The Issuer has not confirmed, and assumes no responsibility for, the accuracy, sufficiency, or fairness of any statements in the Official Statement or any supplement thereto, other than statements and information therein relating to tbe Issuer under "THE ISSUER." and "LITIGATION - The Issuer." Section 10. Designation of Trustee. Paying Agent and Bond Registrar. Regions Bank, an Alabama banking corporation, is hereby designated Trustee under the fudenture, Paying Agent and Bond Registrar for the Bonds. Section 11. Execution of Bonds. The Bonds shall be executed in tbe manner provided in the mdenture and tbe same shall be delivered to the Trustee for proper authentication and delivery to tbe purchaser or purchasers thereofwitb instructions to that effect as provided in the mdenture. Anything herein or in the mdenture to the contrary notwithstanding, tbe Vice Chairman of the Board of County Commissioners of the Issuer is hereby authorized to execute the Bonds in tbe event of tbe absence or incapacity oftbe Chairman of the Board of County Commissioners ofthe Issuer, and any Deputy Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners of the Issuer, is hereby authorized to attest the Bonds in the absence or incapacity oftbe Clerk oftbe Circuit Court, ex officio Clerk oftbe Board of County Commissioners of the Issuer. 4 '-' '-' Section 12. Information Reporting Pursuant to Section 149(e) of the Code. Any officer of the Issuer is hereby authorized to sign and file or cause to be filed a completed I.R.S. Form 8038, "Information Return for Private Activity Bond Issues," as required by Section 149(e) of the Code. Section 13. Non-Arbitrage Certification. Any officer of the Issuer is hereby authorized to execute anon-arbitrage certification in order to comply with Section 148 of the Code, and the applicable Income Tax Regulations thereunder. Section l4. No Personal Liability. No stipulation, obligation or agreement herein contained or contained in the Agreement, the Indenture or the Bond Purchase Agreement shall be deemed to be a stipulation, obligation or agreement of any officer, director, agent or employee ofthe Issuer in his individual capacity, and no such officer, director, agent or employee shall be personally liable on the Bonds or be subject to personal liability or accountability by reason of the issuance thereof. Section 15. General Authority. From and after the execution and delivery of the , documents hereinabove authorized, the proper officers, directors, agents and employees of the Issuer are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of said documents as executed and are further authorized to take any and all further actions and execute and deliver any and all other documents and certificates as may be necessary or desirable in connection with the issuance of the Bonds and the execution and delivery ofthe Indenture, the Agreement and the Bond Purchase Agreement and to document compliance with the Code. The Chairman of the Board of County Commissioners and Clerk ofthe Circuit Court, ex officio Clerk of the Board of County Commissioners of the Issuer are hereby authorized and directed to prepare and furnish to the purchaser or purchasers, when the Bonds are issued, certified copies of all the proceedings and records of the Issuer relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability ofthe Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the Issuer as to the accuracy of the documents and the Issuer's representations therein. Section 16. Actions Approved and Confirmed. All acts and doings ofthe officers of the Issuer which are in conformity with the purposes and intents of this Bond Resolution and in the furtherance of the issuance of the Bonds and the execution, delivery and performance of the Indenture, the Agreement and the Bond Purchase Agreement shall be, and the same hereby are, in all respects approved and confirmed. Section 17. Severability of Invalid Provisions. If anyone or more ofthe agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to 5 '-'" ...,.¡ the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining agreements and provisions and shall in no way affect the validity of any of the other agreements and provisions hereof or of the Bonds authorized hereunder. Section 18. Repealing Clause. All resolutions or parts thereof of the Issuer in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 19. Effective Date. This Bond Resolution shall take effect immediately upon its adoption. ADOPTED this 23rd day of October, 2001. (CORPORATE SEAL) ST. LUCIE COUNTY, FLORIDA Attest: CHAIRMAN, BOARD OF COUNTY COMMISSIONERS CLERK OF THE CIRCUIT COURT, ex officio Clerk of the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney 6 '-' ...., CLERK OF THE CIRCUIT COURT'S CERTIFICATE The undersigned Clerk of the Circuit Court, ex officio clerk of the Board of County Commissioners, of S1. Lucie County, Florida (the "Issuer"), DOES HEREBY CERTIFY that the foregoing pages of typewritten matter pertaining to not to exceed $8,900,000 in aggregate principal amount of S1. Lucie County, Florida Revenue Bonds (Sage Living Center of Fort Pierce II, LLC - Lake Forest Park Retirement Community Project), Series 2001, constitute a true and correct copy of the Bond Resolution adopted on October 23,2001, by the County Commissioners of the Issuer in a meeting duly called and assembled, which was open to the public and at which a quorum was present and acting throughout, and that the original of said Bond Resolution appears of record in the Minute Book of the Issuer which is in the undersigned's custody and control. WITNESS my hand and the official seal ofS1. Lucie County, Florida, this _ day of October, 2001. CLERK OF THE CIRCUIT COURT, ST. LUCIE COUNTY,. FLORIDA, ex officio Clerk of the Board of County Commissioners (CORPORATE SEAL) " 10/18/01 14:39 trl 407 422 5659 TO: FROM: DATE: ~ RE: WH R HOUGH - ORL ~ 001:003 '-' ...., William R. HoujLh &. eo: FAX COVER PAGE /ó/¡ g Iv; I NUMBER OF PAGES INCLUDING COVER: ~ 225 I!!. R.oblnson StrE!et, Orlando, FL :3 280 1-4322 Phone: 407-422-5161 Fax: 407-422-5659 .'. · 10/18/01 14:39 ~l 40; ~22 5659 W1f R HOUGH - ORL III 0021003 '- ....", Wilham R.Houlh &Co.~ Landmark Center II. Suite 4155 225 E. Robinson Street Orlando, Florida 32801-4303 October J g, 200 I Mr. Douglas M. Anderson County Administrator St. Lucie County 2300 Virginia. Avenue Fort Pierce, FL 34982-5652 Re: $6,000,000 Sage Living Center ofFt. Pierce ll, LLC Lake Forest PiUk Retirement Community Project Series 2001A Dear Mr. Anderson: We have reviewed the financing structure for the issuance of Industrial Revenue Bonds for the above-referenced Independent Living Project. This is the second phase of this Community, ~ith the Phase I Assisted Living portion having been financed earlier this year. St Lucie County is in no way responsible for the payment of annual debt service on this Industrial Development Bond issue. Our review of this project included the fol1owing~ 1. The entire $6.000.000 issue is add.itionallv secured by a Re!!:ions Bank. Letter of Credit. The long-term ra.1.ing of Regions Bank is AA, and the LOC rating is MIG-l. The: initial security of the issue is the net revenues generated by the facility. 2. It is the intent of the underwriter. MOn!an Keellan & Companv. Inc.. to have the bond issue secu."I:d bv FHA insurance. and ra!ed AAA. in three years. As policy of FHA, a project must have been in operation for three years before it is eligible to receive FHA insurance. Preliminary discussions with FHA indicate that this project meets all requirements for insurance. 3. The PÞase IT Independent Livin!! facility is alreadv 75% pre-leased. Tbis pre-lease rate is viewed as very positive at suoh an early date prior to completion. 4. The Phase II faciHtv is for Independent Living._ Characteristics of Independent Living Facilities include an elderly population that does not need aIlY assistance with daily routines of IÎYÌng. It is a campus atmosphere that encourages interaçtion with other residents. In addition, residenl3 are able to partioipate in activities next door at the Phase] Assisred Living facility. which offers three meals daily. INVESTMENTIi SINCE '962 MEMBER NAS f) I SIP(: · 10/18/01 14:40 frl 407 422 5659 ~ R HOrGH - ORt [l¡ 003/003 '-' ,..", SUMMARY This issue is structured similar to the Phase I Assisted Living Project that was completed earlier this year. 111e bond resolution calls for 125% debt service coverage, which is expected to be met, per the financial feasibility study preplU"ed by Moore Stephens Lovelace, P.A.. Clearwater, Florida. 81. Lucie County i$ not responsible for the payment of BDnl. aI debt service on this issue. The loan wi11 be paid from the net revenues of the facility, and additionally secured by a Letter of Credit from Regions Bank. We believe the project has certain strengths and v.-eaIa1esses as follows: Stremrths )- The entire $6,000,000 issue will·be additionally secured by Regions Bank. whIch has a AA bank rating. ., )- It is expected that in three years the project will qualify to receive FHA insurance, and as such be rated AAA. ~ The project a1rädy enjoys a 75% pre-lease status. > The bon~ will bear întem;t at II variable rate, estimated to initially be 2.25%. Weaknesses > There can be no assurance that, due to II poor ewnomy, the facility will remain 100"/. occupied. We recommend approval of this Industrial Revenue Bond financing pending review of all documents by Squire, Sander:;, & Dempsey, L.L.P~ and also satisfactory completion of bond pricing. If yo!'! need any additional information, please advise. Sinc(:rcly, WILLIAM R. HOUGH & CO. ß;t1 ;&&l¡ JUf'-l Loomis C- Leedy, III First Vice President LCL;mkr \" '-' AGENDA REQUEST ~ ITEM N01S./ kV DATE: October 23, 2001 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: . Douglas M. Anderson County Administrator SUBMITTED BY(DEPT): County Administrator SUBJECT: First Amendment to Concession Agreement with Service America Corporation BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve the First Amendment to the February 11, 1997 Concession Agreement with Service America and authorize the Chairman to sign the First Amendment. Dc] APPROVED [ ] DENIED [ ] OTHER: 5-0 uglas Anderson County Administrator COMMISSION ACTION: County Attorney: f}~ Review and Approvals Management & Budget Purchasing: originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff. 5/96 , '-' "" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2309 DATE: October 2, 2001 SUBJECT: First Amendment to Còncession Agreement with Service America Corporation ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On February 11, 1997, the Board entered into a Concession Agreement with Service America Corporation (SAC) wherein SAC agreed to manage and operate food and retail services at the Thos. J. White Stadium. The term of the Agreement is five years (5) from February 11, 1997. The Agreement provides that the Agreement will automatically renew for two (2) additional five (5) year terms unless either party notifies the other party of its intention not to renew at least ninety (90) days prior to the expiration of the then-current term. Based on a February 11, 2002 termination date, the County would need to notify SAC by November 11, 2001 if the County desires to terminate the Agreement. In lieu of termination, staff has negotiated an amendment to the Concession Agreement that would provide for: an extension to the five (5) year term to December 1, 2002 elimination of the two (2) five (5) year options transfer of the novelty sales to the New York Mets RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the First Amendment to the February 11, 1997 Concession Agreement with Service America and authorize the Chairman to sign the First Amendment. Respectfully submitted, Douglas M. Anderson County Administrator DAlcaf Attachment '-'" ,."" FIRST AMENDMENT TO FEBRUARY 11, 1997 CONCESSION AGREEMENT WITH SERVICE AMERICA CORPORATION THIS FIRST AMENDMENT is dated this day f?f ,2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and SERVICE AMERICA CORPORATION, a Delaware corporation, hereinafter referred to as "SAC". WITNESSETH: WHEREAS, on February 11, 1997, the parties entered into a Concession Agreement which provided for the SAC to manage and operate certain food and retail services at the Thos. J.White Stadium (the "Facility") owned by the County. WHEREAS, the parties desire to amend the Agreement to provide for an extension to the five (5) year term to December 31, 2002, eliminate the two (2) five (5) year options and transfer the novelty sales to the New York Mets effective January 1, 2002. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 2. "Definitions" is amended to delete subparagraphs (j) "Retail Products" and (k) "Retail Services". Subparagraph 0) 'Subtracting Income" is renumbered as subparagraph (j). 2. Effective January 1, 2002, Subparagraph 6.1 . Scope of Rights" is amended to delete (d). 3. Effective January 1, 2002, Subparagraphs 6.2, 6.3, 9.5, 10.4 and 11.2 are amended to delete any reference to "Retail Service(s)" and "Retail Product(s)". 4. Paragraph 7 "Term of Agreement" is amended to read as follows: The original term of this Agreement shall begin on February 11, 1997 and end of February 10, 2002. Subject to early termination as set forth in this Agreement, the term of this Agreement shall be extended from February 11,2002 and shall end on December 31, 2002. G:\atty\agreemnt\Service America IA 1 '-' ...."I 5. Effective January 1, 2002, Subparagraph 8.1 "Commission Schedule" shall be amended to read as follows: 8.1 Commission Schedule. In consideration of the County's grant to SAC of the exclusive rights set forth in .Section 6, SAC shall pay to the County Commission based on Adjusted Gross Receipts as follows: (a) The following percentages of Adjusted Gross Receipts during each Fiscal Year: Percentage Service Adjusted Gross Receipts Commission ~ Food Service $0 - $700,000 40 'Yo Food Service $700.01 and above 47';10 Catering & All adjusted Gross receipts 15';10 Hospitality & Picnics (B) All subcontracts shall be evidenced by a written document mutually agreed upon by the parties and the Subcontracting Income shall be split equally, fifty percent (50%) retained by SAC and fifty percent (50%) paid to the County. 6. Effective January 1, 2002, Subparagraph 9.4 "Inventory" is amended to read as follows: 9.4 Inventory. Prior to accepting occupancy and each year thereafter, SAC and the County's Project Manager jointly shall prepare and submit to the County an inventory of the County- owned equipment, stating quantities, capacities, operational status, appearance and recommendations for major maintenance or replacement which shall be attached as Exhibit "C". All losses in inventory of County-owned equipment shall be documented by SAC as soon as such losses are discovered by SAC and the property authorities shall be promptly notified. SAC shall prepare and submit to the Contract Administrator a monthly maintenance report. Equipment breakdowns of all types shall be G:\atty\agreemnt\Service ;\merioo 1;\ 2 """ ....." reported immediately. SAC shall repair all damage to the Facility caused by SAC, its employees, agents or independent contractors. On or before February 11, 2002, SAC shall transfer its novelty inventory to the New York Mets in return for payment as agreed to by SAC and the Mets. 7. Effective January 1,2002, Subparagraph 10.3 "Menu and Prices" is amended to read as follows: 10.3 Menus and Prices. SAC shall present to the County's Project Manager for its approval menus and schedules of the prices to be charged for all Food Products to be sold by SAC at all concession stands and other Food Services facilities at the Facility at least fourteen (14) days prior to adoption of such prices and menus. SAC shall have the right to make interim (mid-season) menu and price changes (including, without limitation, menu deletions) subject to the County's Project Manager prior approval. The County's Project Manager shall not unreasonably withhold or delay its approval of the prices, menus, and changes to prices and menus submitted by SAC, and in the event that the County's Project Manager fails to deliver to SAC written approval or denial within eight (8) days after submission of such menus and prices or changes to menus and prices, the County shall be deemed to have approved them. 8. Except as amended herein, the remaining terms and conditions of the February 11, 1997 Concession Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN G:\atty\agreemnt\Service America IA 3 '-' WITNESSES: . G:\atty\agreemnt\5ervíce America lA 'wII APPROVED AS TO FORM AND CORRECTNESS BY: COUNTY ATTORNEY ·SERVICE AMERICA CORPORATION BY: PRINT NAME: TITLE: 4 \./ """ AGENDA REQUEST ITEAr'NO. 1<" ft?¡ DATE: October 23, 2001 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Project for Phase II of Sage Living Center - Resolution No. 01-257 - Approving the Project and Financing BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve Resolution No. 01-257 as drafted. COMMISSION ACTION: CONCURRENCE: [X] APPROVED [ ] DENIED [ ] OTHER: 5-0 Do I Anderson County Administrator County Attorney, {93 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 & DEMPSEYL.L.P. MEMORANDUM TO: Chainnan and Members of the Board of County Commissioners of S1. Lucie County, Florida FROM: Robert O. Freeman DATE: October 17,2001 RE: S1. Lucie County, Florida Project for Phase II of Sage Living Center The Board has previously approved and issued Bonds to assist Sage Living Centers, Inc. (the "Company"), to finance a portion of the cost of Phase I (an assisted living facility) of Lake Forest Park Retirement Community. The Company has requested the County to issue Bonds on behalf of the Company in an amount of not exceeding $8,500,000 to finance Phase IT of Lake Forest Park Retirement Community which consists of an approximately 59-unit residential rental facility for seniors located at 2909 25th Street South, Fort Pierce (the "Project"). The Internal Revenue Code of 1986, as amended (the "Code"), pennits the issuance of bonds by the County to fmance the Project on a tax exempt basis. Prior to the issuance of any such bonds, however, the County must hold a public hearing to receive public comment on the Project to be financed through the issuance ofthe bonds. A notice of public hearing was published to fulfill the requirements of the Code. Bonds issued by the County to finance the Project will not be a debt or liability of the County but will be special, limited obligations ofthe County, payable from and secured solely by payments to be made by the Company under a loan agreement and related documents to be entered into by the County and the Company. The attached TEFRA resolution approves the Project and its financing by the Bonds pursuant 7304V2i28902-00087/m~board tefra and auth '-" ""'" to Section 147(f) of the Code. The amount of Subordinated Bonds has been increased so that the aggregate amount of bonds will be $8,635,000, which increase is less than 5% of the TEFRA approval of $8,500,000 and is permitted under the Code. The attached Authorizing Resolution provides for the issuance of the bonds and all action to be taken in connection therewith. REQUESTED ACTION: Consideration by the Board of the TEFRA resolution approving the issuance of the bonds after the public hearing for purposes of the Code. Consideration by the Board ofthe Authorizing Resolution providing for the issuance ofthe Bonds for the purpose of financing the Project, and authorization of execution of documents necessary to consummate the financing. Robert O. Freeman 73D4V2/28902-D0087fm-board terra and auth '-" """'" RESOLUTION NO. 01-J..S7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, APPROVING, PURSUANT TO THE REQUIREMENTS OF SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE ISSUANCE OF NOT TO EXCEED $8,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF ST. LUCIE COUNTY, FLORIDA REVENUE BONDS (SAGE LIVING CENTER OF FORT PIERCE II - LAKE FOREST PARK RETIREMENT COMMUNITY PROJECT), SERIES 2001, ON BEHALF OF SAGE LIVING CENTER OF FORT PIERCE II; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Findings. A. Pursuant to Chapter 159, Part II, Florida Statutes (the "Act"), the Board of County Commissioners (the "Board") of S1. Lucie County, Florida (the "County"), has been requested by Sage Living Center of Fort Pierce II, LLC (the "Company"), to approve, for purposes set forth herein, the issuance of its revenue bonds in a aggregate principal amount not to exceed $8,500,000, to be known as the S1. Lucie County, Florida Revenue Bonds (Sage Living Center of Fort Pierce II - Lake Forest Park Retirement Community Project), Series 2001 (the "Bonds"), the proceeds of which will be loaned to the Company to enable the Company to finance the acquisition, construction, furnishing and equipping of an approximately 59-unit residential rental facility for seniors and related facilities on land located at 2909 25th Street South, within the corporate limits of S1. Lucie County, Florida (the "Project"), fund financing charges, including interest during construction and for a reasonable time after completion of construction, and other costs necessary to place the facilities in operation, and pay certain costs relating to the issuance of the Bonds. The Project will be owned by Sage Living Center ofFort Pierce II, LLC, a limited liability company organized and existing under the laws of the State of Florida (the "Borrower"), the sole member of which is Sage Living Centers, Inc., a Florida nonprofit corporation which has been determined by the Internal Revenue Service to be an exempt organization described under Section 50l(c)(3) of the Internal Revenue Code of 1986, as amended. The Project will be managed by Covenant Management Group, a Florida Corporation. B. The approval requested by the Company is to comply with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), which section requires the approval by the Board of the issuance of the Bonds after a public hearing on the matter has been held. C. The Board on the date hereof has held a public hearing pursuant to notice duly published pursuant to the public approval requirements of Section 147(f) of the Code. A copy of the proof of publication of the notice is attached hereto as Exhibit A : '-" 'wi Section 2. Public Hearing Held. The Board, on this date, has held a duly called and convened public hearing pursuant to the provisions and upon the terms and conditions set forth in Section l47(f) of the Code. Anyone who wanted to speak for or against the Project and the issuance of the Bonds was given an opportunity to do so. Section 3. Approval Of Bonds. The issuance of the Bonds is hereby approved for purposes of Section 147(f) of the Code. Section 4. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED at a meeting duly called and held this 23rd day of October, 2001. (SEAL) ST. LUCIE COUNTY, FLORIDA By: Chairman, Board of County Commissioners By: Clerk ofthe Circuit Court, ex officio Clerk of the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney 2 '-' Exhibit A Proof of Publication of Notice 3 'wi ~ ..J CONSENT . ITEMS ... .... .... . . . Board of County Commissioners Meeting ~ ~ 10/17/01 FZABWARR FUND 001 001130 001140 001218 001241 001249 001256 001259 001809 101 101001 101002 101003 102 102001 104002 105 107 107001 107002 140 , . '1001 815 160 183 183001 183002 186 316 316001 382 389 401 418 441 448 451 461 471 491 501 505 510 611 625 '-' ST. LUCIE COUNTY - BOARD DATA -...I WARRANT LIST #55- 12-0CT-2001 TO 17-0CT-2001 FUND SUMMARY TITLE General Fund TC Community Action Agency FYOO/Ol Section 112/MPO/FHWA FY01/02 96/97 Section 8 Planning Grant Ft. Pierce Inlet Boat Launch Area Section 8 Grant FY 99/00 CTD TRIP Grant FY 00/01 Emergency Mgmt. Prep & Asst. FY 00/ SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Unincorporated Services Fund Drainage Maintenance MSTU Elizabeth M. Kiessel Bequest Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar 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.-County Arbitration/Mediat Recycling Operating Fund County Capital Transportation Capital Environmental Land Capital Fund Rouse Road MSBU Capital Sanitary Landfill Fund Golf Course Fund North Hutchinson Island Utilities Renewal & Replacement Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Information Technology Fund Health Insurance Fund Service Garage Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 641,800.94 3,012.33 216.96 3,336.45 870.00 10,357.49 15,270.00 995.00 101.82 18,120.59 2,500.00 1,779.50 4,630.00 17,462.68 82.67 315.00 2,855.74 267,872.66 47,641.00 49.90 22,325.99 1,044.50 7,216.00 746.28 718.11 139.78 275.00 12,990.80 34,103.67 19,051. 20 249.40 11,197.26 274,185.82 3,484.82 3,691.14 9,049.50 20,354.56 6,123.32 8,586.36 1,500.61 28,124.73 9,585.02 183.98 1,518.33 321.68 1,516,038.59 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 10/19/01 FZABWARR FUND 001 001130 001140 001256 001258 001259 001269 001809 101 101003 102 102001 105 107 107001 107002 107003 140 160 181 183 1-'001 004 185002 186 186204 235 316 401 418 421 441 451 461 471 491 501 505 505001 510 611 625 '-' ST. LUCIE COUNTY - BOARD DATA 'wi WARRANT LIST # 3- 13-0CT-2001 TO 19-0CT-2001 FUND SUMMARY TITLE General Fund TC Community Action Agency FYOO/01 Section 112/MPO/FHWA FY01/02 CTD TRIP Grant FY 00/01 TDC Planning Grant FYOO/01 Emergency Mgmt. Prep & Asst. FY 00/ FDEP-Urban Mobile Lab Grant 01/02 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/Local Option Unincorporated Services Fund Drainage Maintenance 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 Plan Maintenance RAD Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court SHIP Housing Assistance FY 01/02 Recycling Operating Fund Recycling & Education Grant FYOO/01 Becker Road I&S Fund County Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Information Technology Fund Health Insurance Fund Property/Casualty Insurance Fund Service Garage Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 410,418.94 506.24 551.06 2,310.68 593.09 324.43 184.41 184.41 16,992.02 908.88 7,853.50 619.44 261.76 26,472.99 111.92 17,658.18 47.22 2,496.74 950.83 350.00 689.55 169.03 416.61 28,407.12 11 7.38 39.13 186,031.25 666.00 309,478.56 3,661.84 38.94 42.51 186.89 4,686.83 1,071.46 3,323.02 25,840.23 65,174.23 265.40 1,614.56 1,636.74 2,675.00 1,126,029.02 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 6,156.41 0.00 0.00 0.00 0.00 30,266.41 " ""', AGENDA REQUEST ~ITEM NO. C-2~ DATE: October 23,2001 REGULAR f ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): Countv Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Revocable License Agreement - C & 0 Properties, Ltd. a/k/a Coggin Honda - 4450 South U.S. Highway No. 1 BACKGROUND: C & 0 Properties, Ltd. owns property at the Northeast comer of South U.S. Highway No.1 and Weatherbee Road. C & 0 Properties, Ltd. has installed a 4-inch conduit containing telephone and data wires underneath Weatherbee Road without a License Agreement and Right-of-Way Permit. The County Engineer and Josh McAlees on behalf of C & 0 Properties, Ltd. have requested staff prepare the attached Revocable License Agreement which will allow them to apply for a Right-of-Way Permit. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement with C & 0 Properties, Ltd., authorize the Chairman to execute the Agreement and direct C & 0 Properties, Ltd. to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: k ] APPROVED [] DENIED [ ] OTHER: [X] co~n~y A~torney:~~ [X] Or~g~nat~ng DePt:~ Review and Approvals [x] Engineering: ftc.--- [X] Public Works: ft~ [ ] Management & Budget: []Finance, (check for copy only, if applicable) Effective 5/96 G:\ACQ\WP\JoAnn\LICENSEO\COGGIN\AGENDA.WPD '-" ..." SEE SHEET 24/34N ,2 <42' 7IS ;, 12157 J6 «1541-00/0:... :ï ê79¡;- .2T 7eW '" 1 ~ I ~ I 1120 ~.:~~ I .. I , , - I '4/">'_ "21 - - I o.{}tJ()/7J, .., .. Ac ~ I" f7 I I- /O I Z !l:2-' I -"'~ I -{I- .. 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I! ~ ......'" \..m · ,..4> fl.f.&4 {8()f.(XJ02-DOO/IJ'H.M (-.....-,32...5 ~\ ~--"' ; .&- .~ I,~____",/ 348.12 . i " . i1 (BOfOO38-()()(J/J) 4.06 Ac (80(-(}(}3!-()()(J/6J s.n Ac . J I ¡ ~ " ; IBOi- I O~~)¡¡ 0.72 Ac "'.~ ~ . "'-"¡'AD"" " f .. ,,. ". """ PREPARED Fœ å ~~. ~~~~~ ~@W~~W, ~~©WJ~@~ S 1/2 OF 34 35S 40E SECT ION TOWNSHIP RANGE ASSESSMENT MAP ~~'AS.&""~ œ! !I,'l.;,'1fIki!M'i' ~JY ii~{t;;£~X'i¡;L~~Jfœ~TAcJr~~~T ¥><I'.~ ...... s ""'"" ST. LœIE aum FWJIEJITT oII'f'RAlSER "" , = ¡ ~ a ~ II"-..JJ!! ~ '" "' '" " ... '" I- '" '" :to '" W '" '" ~ or:! ¡;¡ I ë;> ~ , '" ~ ~ f , .... n-,-_ '" '" " SHEET NUIeER ~~~ ~~~$ . , 1../ WOof. "c-~... ":I..:.ö . \1 rl'( )I~' " ~I )I'~' L~ :U:>.I.o,¿:.::a '::Id PAGE 1:"11 'WI I 0 1.1 T H , L 0 . I Þ Ii. I If C. October 5. 2001 ",.".-..- Irú~J)--@ _Œ_ t_W_Æ__ i~l Ii OCT - 8 2001 J L_... St Lucie County Attorney's Office Acquisitions Department Ft. Pierce. FL --...-.-..--- ¿r::!::~~~_ ~_. " To Who11'l It May Concern: We are requesting a licensing a¡reement for the installation of a 4" conduit under Weatherbee Road. The conduit will be located approximately 200' East of V.S'] between the two Coggin Automotive properties Joc:ated at 4500 S. U.S. 1 and 44.50 S. U.S. 1. Please call the project superintendent, Jeff AbeIman (561-718-4693), with any questions. McAfees Projççt Manaøer Owner', Agcnt MAIN OfFICI:I0a76ItJ".... . Dr;,... ,.......... 0""1, plonclllJ3'IO ('61) W.:BU F_i",¡Ie: (561) 6:Z;¡.1~¡. W1!ST COAST, '12 ...e VtIIlce A....... S..iMIM, ""IIIoe. Florid. U292 ("') ''',5014 h"¡IIIil. (941) .96-4502 TO..L'IIIE: (100) 311·'9.. ¡.MAlt.: inrO"lIlCfluJ!lIIrue, STATE OF 'LOIlID" I.ICIN:5B COoCOtCO075 '-' '....I ENGINEERING DIVISION MEMORANDUM 01-290 TO: Don Cole - Property Acquisitions Manager FROM: Michael Powley, P.E. - Capital Projects Engineer j'v\VP DATE: October 17, 2001 SUBJECT: Coggin Honda- Directional Bore Beneath Weatherbee Road Our office has reviewed the directional bore completed for the Coggin Honda expansion on the north side of Weatherbee Road. Our review indicates that the boring meets or exceeds all County requirements. cc: RayWazny, P.E. - Public Works Director Don West, P.E. - County Engineer Shawn Berner - Utility Inspector '-' ..." This instrument prepared by: JoAnn Riley under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this _ day of October, 2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and C & 0 Properties, Ltd., a Florida Limited Partnership of 4306 Pablo Oaks Court, Jacksonville, Florida 32224 (the "Owner"). WHEREAS, the Owner owns the property described in Exhibit "A." Location: 4450 South U.S. Highway No. 1 Parcel Numbers: 2434-801-0031-000/4, 2434-801-0031-010/7 and 2434-801-0033-000/8 WHEREAS, the Owner, desires to keep a 4-inch conduit containing telephone and data wires underneath Weatherbee Road. WHEREAS, the County is willing to permit the Owner to use the Weatherbee Road right-of- way, to install/maintain a 4-inch conduit containing telephone and data wires subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration ofthe mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a limited license for the purpose of providing a 4-inch conduit containing telephone and data wires as indicated in the attached sketch hereto and incorporated herein as Exhibit "B." The 4-inch conduit containing telephone and data wires '-' ~ encroach the entire width of Weatherbee Road, St. Lucie County, Florida. This license shall extend only to the above-referenced 4-inch conduit containing telephone and data wires and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose ofthis license is to allow the Owner a means of providing telephone and data communications between their facilities located at 4550 South U.S. Highway No. 1 and 4500 South U.S. Highway No. 1. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to instalVmaintain a 4-inch conduit containing telephone and data wires underneath Weatherbee Road to adequately provide telephone and data communications between the Owner's property. 4. The Owner is required to install/maintain the 4-inch conduit containing telephone and data wires in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards, together with a Maintenance of Traffic Plan for approval prior to construction and provide notice to the County Engineer with a schedule for construction. 5. This license shall be binding on future successors and assignees of the Owner provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the 4-inch conduit containing telephone and data wires at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer may, in lieu of termination, request that the Owner perform certain alterations at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this 2 '-' 'wi! Agreement. 7. Upon the abandonment of the installation ofthe 4-inch conduit containing telephone and data wires, the expiration of this License Agreement, or the revocation ofthis License Agreement, whichever occurs first, the Owner shall be responsible for the removal or plugging of the abandoned 4-inch conduit containing telephone and data wires as directed by the County Engineer, consistent with the specifications of the County in force at such time. 8. The term of this License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced improvements, at any time and at no cost to the County, if necessary for the maintenance or improvements of Weatherbee Road by the County. 10. The 4-inch conduit containing telephone and data wires shall be constructed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the 4-inch conduit containing telephone and data wires for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: 3 '- ......tI As to County: With Copies to: County Engineer Engineering Division 2300 Virginia Avenue, 2rd Floor Fort Pierce, Florida 34982 County Attorney Administration Building Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 As to Owner: C & 0 Properties, Ltd. 4306 Pablo Oaks Court Jacksonville, Florida 32224 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. 13. The Owner shall indemnify and hold the County harmless rrom and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in anyway connected with the use, occupation, management, or control ofthe above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss oflife or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. 4 '-" ATTEST: DEPUTY CLERK WITNESS: Witness (print name) Witness (print name) STATE OF FLORIDA COUNTY OF ) """'" ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY C & 0 PROPERTIES, LTD., a Florida Limited Partnership By: Name: Its: (OFFICIAL SEAL) The foregoing instrument was acknowledged before me this day of October, 2001, by as of C & 0 Properties, Ltd., a Florida Limited Partnership who produced (type of identification) and who did take an oath. WITNESS my hand and official seal this G:\ACQI WPIJoAnn\License AgreememslCogginlLicense Agreemcnt.ÍÌTI1 October, AD. 200l. Signature of Notary Public My Commission Expires: 5 '-' ...,.¡ EXHIBIT "A" C & 0 PROPERTIES, LTD., A FLORIDA LJMITED PARTNERSHIP PARCELS Parcel Number: 2434-801-0031-000/4 LOT 13 OF THE FLORIDA COAST LINE CANAL AND TRANSPORTATION COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 1,PAGE43, ST. LUCIE COUNTY PUBLIC RECORDS, LESS TIlE WEST 325 FEET, AND LESS TIlE SOUTH 40 FEET FOR WEATHERBEE ROAD RIGHT -OF- WAY, BEING IN SECTION 34, TOWNSHIP 35 SOUTH, RANGE 40 EAST. Parcel Number: 2434-801-0031-010/7 THE WEST 325 FEET OF LOT 13 OF TIlE FLORIDA COAST LINE CANAL AND TRANSPORTATION COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 1,P AGE 43, ST. LUCIE COUNTY PUBLIC RECORDS, LESS THE NORTH 325 FEET THEREOF; LESS U.S. NO. 1 RIGHT-OF-WAY; AND LESS THE SOUTIl 40 FEET FOR WEATHERBEE ROAD RIGHT-OF-WAY, BEING IN SECTION 34, TOWNSHIP 35 SOUTH, RANGE 40 EAST. Parcel Number: 2434-801-0033-000/8 COMMENCE AT TIlE INTERSECTION OF TIlE NORTH LINE OF LOT 13, OF FLORIDA COASTLINE AND TRANSPORTA nON COMPANY'S SUBDIVISION, AS PER PLAT THEREOF ON FILE IN PLAT BOOK 1, PAGE 43, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, WITH TIlE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. l; THENCE RUN SOUTIl ALONG TIlE EAST RIGHT- OF-WAY LINE OFU.S. HIGHW A YNO. 1 A DISTANCE OF 300 FEET TO THE POINT OF THE TRACT HEREBY DESCRIBED; TIlENCE CONTINUE SOUTH ALONG TIlE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1, A DISTANCE OF 25 FEET TO A POINT; TIlENCE RUN EAST 247 FEET TO A POINT, TIlENCE RUN NORTH 25 FEET TO A POINT, THENCE RUN WEST 247 FEET OF TIlE POINT OF BEGINNING. AND COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF LOT 13, OF FLORIDA COASTLINE AND TRANSPORTATION COMPANY'S SUBDIVISION, AS PER PLAT THEREOF ON FILE IN PLAT BOOK 1, PAGE 43, OF TIlE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, WITH THE EAST RIGHT-OF-WA YLINE OFU.S. HIGHWA YNO. 1; THENCE RUN SOUTH ALONG THE EAST RIGHT- OF-WAY LINE OF U.S. HIGHWAY NO.1, A DISTANCE OF 100.0 FEET TO TIlE POINT OF BEGINNING OF THE TRACT HEREBY DESCRIBED; THENCE CONTINUE TO RUN SOUTH ALONG THE EASTRIGHT-OF-W AYLINE OFU.S. HIGHW A YNO. 1, A DISTANCE OF 200 FEET TO A POINT; THENCE RUN EAST 247 FEET TO A POINT; TIlENCE RUN NORTIl 200 FEET TO A POINT; TIlENCE RUN WEST 247 FEET TO TIlE POINT OF BEGINNING. ALSO DESCRIBED AS: THE SOUTH 225.00 FEET OF THE NORTH 325.00 FEET OF TIlE WEST 325.00 FEET OF LOT 13, OF FLORIDA COAST LINEANDTRANSPORTA TION COMPANY'S SUBDIVISION OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 35 SOUTH, RANGE 40 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 43, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS THE WEST 78 FEET FOR ROAD RIGHT-OF-WAY PURPOSES. 6 OCT. 4. 2001 4 : 1215PM I '<F"H FT P r ERes p:\IIO-aC59\Da"\~ 10/01!200..!~':23 AM ~~ ~o ~Q1 ð'i ;0... fl _ - 2 I ~ // -----~-------------------~ ~ -.-'-'- -1-,-,- 471 ~ //~-1:------------------ I ~ f I I ¡ I I I I I ! - - - ~- - - - - - -.... ... " '\ \-, )J IV) I.... ,::E ~ 1:2 I trl :::a tD I""! 1"'1 t-r S'ö 0 I' I I ..i' s~! I i I i I 1----- J I :1 I~ I NO. 769 P.2/2 ...,.¡ i X I -< -,- -.- 472 4; U. S. H I G H WAY N O. 1 ~ìì :Ü~ i:l n", .. ; I i ~ l-ft.¡'SD ~- ....'n4 '-' AGENDA REQUEST .." ITEM NO. C-2b DATE: October 23,2001 REGULAR [ J PUBLIC HEARING [ J CONSENT [XX J TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Countv Attomev Donald G. Cole Property Acquisition Manager SUBJECT: Revocable License Agreement - Carl A Mareth 7001 South Indian River Drive BACKGROUND: Mr. Mareth owns property on the East and West side of South Indian River Drive. Mr. Mareth has installed utilities (water and electric) to his dock on the East side of South Indian River Drive without a License Agreement and Right-of- Way Permit. The County Engineer and Mr. Mareth have requested staff prepare the attached Revocable License Agreement which will allow Mr. Mareth to apply for aRight -of- W ay Permit. FUNDS A V AILABLE: NI A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement with Mr. Mareth, authorize the Chairman to execute the Agreement and direct Mr. Mareth to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: [X] County Attorney' W -r::c- Review and Approvals [X) Originating Dept, [ ] Management & Budget, [X] Engineering,-,4~' if applicable) [X] Public works:&'J Effective 5/96 []Finance: (check for copy only, G,\ACQ\WP\Janet\Licenseagree\Mareth Agenda.wpd '-' ....., This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this _ day of ,2001, by and between ST. LUClE COUNTY, apolitical subdivision of the State of Florida, (the "County") and CARL A. MARETH of700 1 South Indian River Drive, Fort Pierce, FL 34982, (the "Owner"). WHEREAS, the Owner owns the property described as foI1ows: LOCATION: 7001 SOUTH lNDIAN RlVER DRIVE LOT 6, OLMSTEAD PLACE ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK4, PAGE 64 OF THE PUBLIC RECORDS OF ST. LUClE COUNTY, FLORIDA. TAX J.D. 3412-502-0007-000/4 WHEREAS, the Owner, desires to keep electric and water service across South Indian River Drive within a 3 inch PVC conduit pipe which encroaches the entire width of South Indian River Drive right-of-way. WHEREAS, the County is wil1ing to permit the Owner to use South Indian River Drive right-of-way, to install and maintain a utility crossing subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration ofthe mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a License Agreement for the purpose of providing electric and water (within a 3 inch PVC conduit pipe) to his dock lying on the East side of South Indian River Drive as indicated in the attached sketch and incorporated herein as Exhibit '-' ....., "A". The utility crossing will encroach the entire width of South Indian River Drive right-of-way. This license shall extend only to the above-referenced utility crossing and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this License Agreement is to aIIow the Owner a means of providing utility service between his property on the West side of South Indian River Drive and his dock on the East side of South Indian River Drive. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to keep and maintain a 3 inch PVC conduit pipe containing electric and water service under South Indian River Drive to adequately provide utility service between his property on the West and East side of South Indian River Drive. 4. The Owner is required to instaII the utility crossing in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards, together with a Maintenance of Traffic Plan for approval prior to construction and provide notice to the County Engineer with a schedule for construction. 5. This License Agreement shall be binding on future successors and assignees of the Owner provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer may, in lieu of termination, request that the Owner perform certain alterations to the utility service (3 inch PVC conduit pipe containing electric and water) to the dock lying on the East side of South Indian River Drive at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this '-' .....,¡ Agreement. 7. Upon the abandonment of the installation ofthe utility improvements, the expiration oftbis License Agreement, or the revocation of this License Agreement, whichever occurs fIrst, the Owner shall be responsible for the removal or plugging of the abandoned utility as directed by the County Engineer, consistent with the specifications of the County in force at such time. 8. The term of this License Agreement shall begin on the date fIrst above written and shall remain in affect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced improvements, at any time and at no cost to the County, if necessary for the maintenance or improvements of South Indian River Drive by the County. 10. The utility service (3 inch PVC conduit pipe containing electric and water) to the dock lying on the East side of South Indian River Drive shall be constructed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance activity will be subject to the written approval of the County Engineer. L 1. The Owner agrees to allow County employees access to the location of the utility service crossing (3 inch PVC conduit pipe containing electric and water) for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed byregistered or certifIed mail (postage prepaid) return receipt requested, address to: '-' ....., ., As to County: With Copies to: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Owner: Carl A Mareth 700lSouth Indian River Drive Fort Pierce, FL 34982-7761 or to such other address as any party may designate by notice complying with the tenns of this section. Each such notice shall be deemed delivered (a) on the date delivered ifbypersonal 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. 13. The O\V!1er shaH indemnify and ho ld the County hannl ess trom and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss ofIife or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14_ The O\V!1er shall promptly record this Revocable License Agreement in the Official Records of S1. Lucie County, Florida. The Owner shaH pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. '-" .....; ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COM.MISSIONERS DEPUTY CLERK BY: CH.Aill.. APPROVED AS TO FORM Ac'ID CORRECTNESS: COUNTY ATTORNEY E:~c£~ //,) # -. (ó~/ é?-7i/~-- ' CARL A. MARETH Witness (print name) d:: ~~ ~ -:1.4,.,.¡ ~d..'i!- :e~{(.y Wltness (pnnt name) . STATE OF FLORIDA COD'NTY OF ST. LUCIE The foregoing instrument was acknowledged before me this Il.¡-l...dayof Or. -h bc.1L , 2001, by CARL A MARETH who produced Ð,.¡"{t.<JJ ct~s~ (type of identification) and who did take an oath. WITNESS my hand and official seal, this J/+k day of Oc fa b-c.L , A.D., 2001. _,,0"",- ~'<¡!\'¡ rt;._ JoAnn Marie Riley y" ; MY COMMISSION # CC985750 EXPlRiS ~'" . December 4. 2Q04 -..:t.P.i: ' BONDfD ¡¡;¡¡U TROY FAIN INSURANC~ me. ~~~~ ignature of Notary Pu c J'ð A",.¡ Ma.L;c. K: IlP Name of Notary Public Ted, Printed or Stamped G:\A CQ\ WP\J2I1et\Licenseagree\Mareth LicenseAgreement. wpd """ -...J ENGINEERING DIVISION MEMORANDUM 01-265 TO: Don Cole, Property Acquisitions Manager FROM: Don West, County Engineer rÞf(J.\· DATE; October 1,2001 "-- r'~', .'-=----, /fnÎ IJ If.! ~--- .'¡'r-" t.::.' L- " d'.' '" ,,,..,,' ,~ / ,.~ '-;j ~~.._-~-_:~-:~~- /,1.'-,/../,1 ¡{L'r OCT -2 200/ ,.. J /PRO~--~-'. ; ~t:¡-;i(~-u-, ,,-- . i"-'i~U;Uc.'-'"·'" -'Úll:. J ".--..:.' :/ SUBJECT: license Agreement for earr Mareth 7001 S. Indian River Drive Please prepare a license agreement for the above referenced site to allow installation of an electrical PVC conduit pipe under South Indian River Drive. Engineering staff will require a Right-of-Way Use Permit in addition to the licerise agreement. The Right-of-Way Permit will detail the technical specifications and requirements for installation and/or replacement of the conduit pipe. Than k you for your assistance. DBW:lb ce: snaw, een-. RIN Permittirg Agent ¡>; ., iJ ~::£ [] z '"', ~ '" j8~ <t: ... " .. a - u .. ü¡>; 0 u .. .. 'û ~"'1: " Z .... Z<: oJ '" g ;::;-- ::;:.- ...' t ( 101 &' .:;¡ & / ~ h~ ~ë1" ..... % V'IIIDO -w 0" '.. . .. <> ,fJL'Ç .ze·¡;¡ .-.. ........:E c.. '-" ~"t" 1lJ.- tj C'Ï-¢ ;¡ "'''' ... tOe:¡ _.09';-1 ~ i3~ :ij 8 c:: ;;; ï= ,.... ~~ :.::5 I- to ..,z 0 .- É;? ....J n ;;;-- ~ ~. ~ AíJ'.{.., \. ~ ~ )... ~¡Y)\o R ~~ ry UJ '« '-I ~ ~ lZ ~. ~~ ~ ....\0 . . ~ ~ f AU· . ~ ~ ( ~. 11,,¡ r~ .!I) ~ V) -..j '-" ~....... ¡,,: 'tg\( ~K. .. t' ~ ~ ~ ~ ~ ~ ~ , ~. ~ ",:;-!. ~ \j!<J;¡).. ~ 1,), ~ H "a.; ./I¡ ~.1 ,Iì:'-A ~~!\ f.I~~~~~~~ ¡ >'<1 '>..: ~ "r ~ ...! I r') . . ~ f! i ¡ i J h ~"! .<j co '1:'" t-. !J¡':¡." ~~">,, 4 '\:: . ri ~} ~~ ~ ~ \q'~ :"; ~ I, .1'1 ':...... ,:...,~ I? ~ì' ...¡ '- '.... .. '<: 0 ~ ;}~\( :r: !'; ~ 2 -.: <> ~. .;; ~'? .;l , ...~. ~_. -» ~ <:! · ,"<...) '2 .~ ~ <::t :t ~. ~ ./. -.l ..¡ " . ~ , . ,.. ,.' ... .,,'.. ~"..,-~'.' ".... -.-,' r -r ! i ,I .. ., ~ '" L I (¿ ! t !:: t Ñ _L '-" ...., -""""'1 . , - "ì R (í" f7 r '::) R '-:- i r I Jt lr~J :' ~. r , " ) I A ~;r¡;- '-'I....., 4 '. I ..-----. ¡ .r F. C F E r.:,-: '. . _.. ',;, 1:~, i . L_ -. ---...-. ... .... j 7 ¿J co / .s. ..L,,1/ -22//'7/1--/ ß:.I }/é:& .):J,fI, F C;./ê. r / / E" -:'fr'E /--'{".·__¿L~ 5? 8;z.. ___-3..c/'T,.c~£""f /37 02.ðQL__ b-~_~Á.: 4 --... -- - ..._- _.. . --.- .-- {/~¿ a-~~r~_-c_ --..--.- -_ ___"'·'4__ ~ .. a _ ____., _ ___~----. .----'.- -.....--.. . ..-....--... _..- ----"--.-------. --- . ~ ~ 7 ~~_¿¿e______ ~~~ ~r-e .A~~-P?-dL-~.~ ~?l . . ,<. _,1' ¿;¡L ~-=-7¡é ydL:Vk--- ~ ¿J~. . .- "':',,.;-~' ~.:"'=-:'...;:~- ~~7~-L~-~~ >~~ +- /7 ~~~~& ~1i1 ç~¿? ~~ ~ -a L. .#-(5-~ ;) - ¥-c..:)' - ;¿ 6" '7? '- ....J .. , . " '>..' ...- ", .~; '. . ':;';~ ',:'.~.\ ..L :: )~.:-. , ~"K t' ..' ....., :' '.!';:. .. "" :', '. . ''¡',,:,/:i\ r(. :;';\ ~ ,_ i, j . . . ... ..' . , ./ :.>;,,:'}:,::Ft:·:, J'. .~)~·~.~·:~·:t .,:" '1" ,'~" ""." " , :,' '. ;';, .... .:-::..'~ : ,." , " . ..... 1 July 30. ng.,. from ... " .~ .:1 . _ ~ AD£LI'IY IlAr.L TITLE OOX ef ~ LY.......... 81 .... R....m To: ~: . . SU....O. M«trw . ~.. AcWirY NJrdan" TJiI. 1nIur1l1c::. Company at Hew Y,lIIr.ic ,780 SE. I'Drt S~ Luc:Io ¡¡¡vd. t !Ix Assu..: $ Port SU,¡¡ç o. FL ·34&84 IJcc Tex I $ . . rnf Tex : $ ¡.¡. No. BS;oI~IOB "- "-,,,-,. P....I.D.I_¡ No_.' 3412-502-oç¡o7-OOO/4 JDt'Wlå Hol.l4Jh FIls Mllbsr::1. RIII:ordslj , 0.00 l204.00 0.00 ,,- ..- ert Of th. Clrcu1t Clxirt - St. LuCIe COOnt>' 40253 OR BOOK J.240 PAGE 2758 -99 09: 00 A.If. . WARRANTY DEED THIS wARRANT'Y' DeeD dlÞd July 30.. 1999. by J_oNØhJne.J. s.nu. .,¡ unremarried widow M"';n.trw eat,.d the Dr..;'f!tOr. 'to C.wt A. Mwl1h wnø. J:lc¥t office addr... Š8' 7001 S IndiM·River Dr"lvp. p~ Jl'i...,.~... F1349821 n.r'"....'!1fIer ç:~ me gran~ (Wi':4rev.ruød hfl'Ã1'IfM terIM ·,,'.-:Imr· and ·~r.,bi.· ;"cJude.u tn. p"¡uto thi, inrtrumllnt and 1b& M::~: r.g. rerprnantrti,o.. .nd uaJgna of índ;vidu.... III1d the aucc...or. .nd .uign. ot . .Çg~T";af)f' .~: Thlt_~ QllntØ. ~r and fn conaidøadon of tJw .um of .10.00 Iind oth.r vlluabl. coruidarBtÍan. . r~ )t .WIMr.ot it h.,..by _""!:roDwl«:fg":" h.reby uranu. b....g8Üu. a.'1a, .,ien., rem..... fII'...... ",nv.ys. and cõntfinu Unfit 1tI. tilr.,~, .., the ~ IMd ,ituat.d In .St. Lucie County.. Rorkla,. vJz: ' Lot 6. 0ImstIi.d PfIa:, oKcording tQ th, ~1a1 thllfftlt, .. rlcordKl in Pfat Book 4, PIIQ4 54 at the Public Recotd,. of St. LucJ. County, Rorid.". J " ) SubJ«::! to u:..ments; r~.uicd..... .....,..".-tian.. end' Imitation. of (.cord. it .ny; . T9CJETHfR with all the tanemanw, tulntdiœi1lnt& If1d 8,Opurt.nartÇM th4ir.tø belonging or in any wJse app.rt,ining. TO .HAVe: AND :ro Hcx..D m.i Am' In M. ,impla far..,.,. AND tœ: gr..,tør. tMr.by cow,.mts wlth .*d, ItI'MtN m.r tM gr.ntor Ei tawfuØr·..m.d at.iaid _In in t.. aimpJ.; the the gr.IIItDr h" goad ~... lawful· aJlhgrftv tD Ml1 and CGtw8f..u.t ¡and; that 1M granlOr hateD¥' fulIV' warrants . '1M tÎtIe ta ..id Imd 8r1d w.. de11ftd 1M nmf aQ.rI.r"1fw 'awful dairne of" petaaM wnørn&C.v.r: .vi that ..id f.nd g,rrN of.f ~umbtw... ~t ~~.1i=ruIng¡ ...buq~ to o.c.mbw 31, 1998. ;, .. , ., '. ~DooooI..-._ - ...-....... - ....., ,-t. .\>1. BOO< 1240 PJJ:I. 275' 'wi ."', ~~;~:~;.: ,.... . . ..,.'.:;;/.1'/". .' ~ . 1 . :¡ ., IN WITN~ WHsr;œ. the..id j nnmr h.. aign.G .and...ød ~.. pt.~u the day and y..r firlt' .bo.,. wrftIl'n. ~, ...., find ~ In 1M þ...-nct øt: ty B ./(~! ~M ~~ fY/Jf1'" ~nmu J AN II 1\1. BÌ"a N io...II/r> ~~t.::: jPr/nt H.... of w_ :;~'9:~ti / ø,. u.n;¡ rnt by ~ ¡<.' or: 'n. nd ;..'ij....: 'r ,~.n·~h~ .' ~< '.. .~. #~i;~f. .ß~t" .,'{;.<:>.....¡,...- ,~.' K ~·f ':<iT c::" .1; .~;i .':.-. , :xl !O .. "'"" : ". A ¡~1 .!:; (J.t¡. !!J . il ~~...X> /Q .,- ...~~~ jj'.¡""."~' ....",.... .l!yp.........I1.¡ "'1 ... ~ ¿rÞ . "'fII"*,' :1.11':.'1' .1, ,1.. "'. R .1', '. >~. .~~':f~ ..,. .~ ·'{J.;'l "1"i (~ ì ð ~ ;L .' . '. ..: Í"~ ;.,':. w__~__..--. _11____....... ..~i..'. .. ~~~ fu~~.J..;/D'_ ~y 1/7/ r " tA':J': ~::;;;:N:n~&O I-L . S/6- U"-//ðr; I' d.y of ~'^-\~ """ \C\.'\"\ ::.. l' ~ ŒISE_' JillllllliN*;..........~ ....- ~I~~l T 0\ >< If! «- .... ,: ,__ 2.f 2.. ~ ., '-' AGENDA REQUEST "'-'ITEM NO. C2C DATE: October 23,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attomey Donald G. Cole Property Acquisition Manager SUBJECT: Revocable License Agreement - Betkor Properties, L.L.C. alk/a A-I Truss - St. Lucie Boulevard BACKGROUND: Richard K. Davis Construction has requested a Revocable License Agreement on behalf ofBetkor Properties L.L.C. alk/a A-I Truss, to install a 15 inch concrete stormwater drainage culvert and two potable water pipes under St. Lucie Boulevard to a canal on the North side St. Lucie Boulevard. FUNDS AVAILABLE: N/ A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement with Betkor Properties L.L.c., authorize the Chairman to execute the Agreement and direct Betkor Properties L.L.C. to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CE: [x] APPROVED [] DENIED [ ] OTHER: [X] County Attorney: ~/ [X] Originating DePt:~ _ Review and Approvals []Finance: (check for copy only, [ ] Management & Budget: [X] Engineering:~ [X] Public workS:þ" if applicable) Effective 5/96 G:\ACQ\WP\Janet\Licenseagree\A-lagenda.wpd '-" ."-I! This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Ft. Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this _ day of ,200l, by and between ST. LUCæ COUNTY, a political subdivision of the State of Florida, (the "County") and Betkor Properties, L.L.c. alk/a A-I Truss Company of 1415 South Federal Highway, Boynton Beach, FL 33435 (the "Owner"). WHEREAS, the Owner owns the property described as follows: THE WEST Yz OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCæ COUNTY, FLORIDA LESS AND EXCEPTING THEREFROM THE RIGHT-OF- WAY OF ST. LUCIE BOULEV ARD AND LESS AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF FT. PIERCE FARMS DRAINAGE DISTRICT. TAX I.D. 1431-112-0001-000/8 WHEREAS, the Owner, desires to install a 15 inch concrete stonnwater drainage culvert and two potable water pipes which will encroach the entire width of St. Lucie Boulevard. WHEREAS, the County is willing to permit the Owner to use St. Lucie Boulevard right-of- way, to install a 15 inch concrete stormwater drainage culvert and two potable water pipes subject to the tenns and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration ofthe mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a limited license for the purpose of providing '-' ....,,; a 15 inch concrete stormwater drainage culvert and two potable water pipes as indicated in the attached sketch hereto and incorporated herein as Exhibit "A". The drainage culvert and two potable water pipes will encroach the entire width of St. Lucie Boulevard, St. Lucie County, Florida. This license shall extend only to the above-referenced drainage culvert and potable water pipes and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose ofthis license is to allow the Owner a means of providing drainage between his property on the South side of St. Lucie Boulevard to the Canal on the North side of St. Lucie Boulevard. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to install a 15 inch concrete stormwater drainage culvert and two potable water pipes under St. Lucie Boulevard to adequately provide drainage and potable water of the Owner's property. 4. The Owner is required to install the 15 inch concrete stormwater drainage culvert and two potable water pipes in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards, together with a Maintenance of Traffic Plan for approval prior to construction and provide notice to the County Engineer with a schedule for construction. 5. This license shall be binding on future successors and assignees of the Owner provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal ofthe stormwater drainage culvert and potable water pipes at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer may, in lieu oftermination, request that the Owner perform certain '-' ...., alterations at the Owner's sole expense. However, if such alteration is not performed to the satisfaction ofthe County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the installation of the 15 inch concrete stormwater drainage culvert and two potable water pipes, the expiration ofthis License Agreement, or the revocation of this License Agreement, whichever occurs first, the Owner shall be responsible for the removal or plugging ofthe abandoned 15 inch concrete stormwater drainage culvert and two potable water pipes as directed by the County Engineer, consistent with the specifications ofthe County in force at such time. 8. The term of this License Agreement shall begin on the date first above written and shall remain in affect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced improvements, at any time and at no cost to the County, if necessary for the maintenance or improvements of 8t. Lucie Boulevard by the County. 10. The 15 inch concrete stormwater drainage culvert and two potable water pipes shall be constructed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense ofthe Owner. Any maintenance activity will be subject to the written approval ofthe County Engineer. 11. The Owner agrees to allow County employees access to the location of the 15 inch concrete stormwater drainage culvert and two potable water pipe crossing for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this Ijcense shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: '-' 'wi As to County: With Copies to: County Engineer Engineering Division 2300 Virginia Avenue, 2rd Floor Fort Pierce, FL 34982 County Attorney Administration Building Armex 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Owner: Betkor Properties, L.L.C. 1415 S. Federal Highway Boynton Beach, FL 33435 or to such other address as any party may designate by notice complying with the tenns of this section. Each such notice shall be deemed delivered (a) on the date delivered ifby 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. 13. The Owner shall indemnifY and hold the County harmless fi:om and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in anyway connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, orresulting in injury to persons or property, or loss oflife or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. '-' ..." ATTEST: ST. LUCIE COUNTY BOARD OF COLJNTY COMMISSIONERS DEPUTY CLERK BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESS: BETKOR PROPERTIES, L.L.C. By: Witness (print name) Name: Its: Witness (print name) (OFFICIAL SEAL) STATE OF FLORIDA COUNTY OF ) The foregoing instrument was acknowledged before me this day of October, 2001, by of Betkor Properties, L.L.C. who produced (type of identification) and who did take an oath. as WITNESS my hand and official seal this October, A.D. 2001. Signature of Notary Public My Commission Expires: '-" ..." .., .. "., ~ ., - - _..~ -. - -.:: ~! :....: = t -. - --h ª , 1---;;:7" -=-:. ;./; -I -:,V i# ~ -_ __ .,,"".~ r \ ~'7,.. <?f"1 Î"'(r-''''''/ iL ! il ~/~ ¡=-: h.r. 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''; ;š·""'~."'-< I 1_ '%¿'lo~>-UNT":ve.\'" ~¡ .tr ~§~: 'lwn\ g~:1.~~~ 3~¿ð'.i é~ ls"rl~ClfS¡O FIESTA -~~~~~'\a.s<:NAVEi.~-----<~ 0 % ~¡.;tlsr0'5 ~.... . J7.~ \ ~ -< = I,).. ;:: -= . J)o. r"< JAMES HAW~Of'é' p.o HILL V'>O . ....c;>~ 'I(.{ ~ ~OJ:;'J.¡ ..':r J)'-= . V;~ - ~ :c=¡¡=¡""'~ SEll. ,. I I J I'· SIC HUGO ~~~ % DÇ::\\~ l 'd:o~ ~ c ,,', ,a.::~ e~ ~~ . :"R"T::~")--,f,-1"'= ~~) ~'t\ LOW8..1...o. ~¡¡U \~#.5lP\=Î\Ç;~~ I I INC. ~ mANK ~~:: 8LAC"SURN .caE,Or 21!=lL: D>CKENS RO 1"0 KHAPPLAH .=- ~\Q.:::.j. I Z~~:' 1J~;ARIA ~ ~ ~ ""NINC OEERY 79." "C. I I I...... CORP, ;:~"'-~' ~~NAC: Rro'1;7~-~ ' 504.HAc. 56.62AC. 31 ~ ~ J~,j.~C.' 32 I=IVAHTRO ~ 21Q=1f93·- CRE:ST CRA';!'" =~ J6.1~~c. '_"" I 30.96),./:... ~:.: MOBILE ..... ~~ N.~0'4þt-';'.VE:.-- ...;. .L...- .......a:-_IiCANJ>.L....VË...p~ HCI.le:):3~ ..~~·o-7/2 ~ J ' ·I~ -;:). ~~ -- - A"q- P^RK.2512A~ ,"' ~ . 7 v~ '2 -=~, _~. CHURCHl ,,," j I~"':; . I I ~Ofo . . _,,' '9.6^,. LLJ I .... .... HAR"ONY ~:cr"""'5'>- ~. Ii ~~' OFCCC LANGSTON F . ~~ -" ~s....'" I.4A¡::¡CO$ AvE.. """"'¿e:" ~P<t:ST !ClATT ~~ii\ '" -1. INEZ _ ",,, ~ ,-~~-~~ ~" OR "''' -~ uu. ~, .( 16", f"': K,wILTON:;; ~_£I __? AvE¡...QÄ AVI:: I- .,.; .:.:::¡;_~~o ;;¡~ij::;:; IN CHRIS I- f f . I~?~':: :~_ -¡ / $/ ~A'~ "~;'~I:' ~ ç. OL___¡~"I_'-:-,-,,_-£:r--~ HEIGHTS .~ ~e¡1:.(2<= ~:::...: IN,I,iJ ~ KNGS1..EYOR~,"\"'= - Ave-ÐAAVE. ...;~:-~~ ~ ()J.W;¡ ".,; Z ==- ~ ~, , ~ -~~~Q~ ... J''.=áQ./cm yo N' '. -;7"' '" """\'\ ~; <lQ:::!L'" 2' 26'J',-; -~ 0. >IJ':v. .~ ~AN:à ;~; ~-;"~ ~u:: ~ ?o:;'iL!.J ~1~:1A":YJA :"VE.R8I..VD.Jr' r . V~~::AV: !~~ ~ \ \~ ~ S ~ '" AN Dec>o AV,," " ;: 1-_ HA.COCK J I fTRo';;:¡ " !; .1--",-:;; SAN DEGO AVE. ,,~z 1(i)'1 ~ ~, :~:~:-:::t: ~ ~ ~;/~I ~E'OOY t BL~ê. 3 ~~_~ BA"caONA ¡rYE .~~~~~~ ~ I- ....>'..;>ot.eJ..'.i()oo.öl .'.""J~~"r' r:! < ..,..~.yl _ == _ \\\I"I~'~ _r,n_ '" QUADRANT , o SEE P "GE 20 ..0 1:1:20 1980 OF 26,",0 I FEET I 5280 -,.jT '" '" I. "'*' TWP J4S -RHG. .OE. I ~ ':1 ~ ... !1 !.=1L .¡, 71.84 A~ 121-1/2 242.J8Ã.:.. z. s y -¡;. ,.j 0 .. ci ::z: , 'f "' .. '" ! 0: 3: ... - d z 'f SlC PORT ~ AIRPORT AUTORIìr' SL:: PQAT '" AIRPORT AuTORI TY S'LC POR T '" ,l.JRPORT ,,¡,uroRIT'r' $lC PORT '" A,IRPOR T AUTQRIT'1' '" ~ '" " 2>, 19 I , ~ '\ :" 28 , J 121-1/8 2';'8.~. - - - I I :2..!.=..!i' IZ7.18}.Ç. I I SLC PORT .. ,¡"IFIPQRT A.uTOR1f"l' , ~ / ( $1. LUOE v:'1 CCtJNT'Y P~T &: ~ ~:ir I / .Ä... y \ rn I N / __ JJ.I.-1/2 197.~. ~ ~ . ~ ! ~ .. 0 :. .. ~ . ! ! u " -< "- ~ ø TWP. 3:5S.-RNG 40E. .II I~¡:'" rl;:'¡:;<'..:. :.!,...:.:.. SEE PAGE 34 TWP. 35S.-RNG. .OE. 1 , ~ ,,=,~.. - U.........4.. '-' '"R~K/ . '-' . J~-~/ .,.:{ . ~f-~ ~ CONSTRUCTlONVORPORA TION CG C013084 . ~_O. BOX' 86 . FT. PIERCE, FLORIDA 34954 St. Lucie COlli1ty Engineering Office Attn: tvfr. Don West 2300 Virginia Ave. Ft. Pierce, FL 34954 September 6, 200 I St. Lucie Property Acquisition Manager Attn: :Mr. Don Cole 2300 Virginia Ave. Ft. Pierce, FL 34954 Re: A-] Truss Project Gentlemen, Enclosed is a request from South Florida Water Management District (SFWMD) for an easement for the drainage outfall pipe of the A-I Truss project. A-I Truss is an approved site plan project according to St. Lucie County resolution # 00136. The stormwater system ofthe A-I Truss project incorporates a 15"concrete pipe that will convey water under Airport Road (CR-608) to a canal on the north side of the road. This pipe is depicted on the attached site plan near the northwest comer of the property. In speaking with Mr. Hugo Carter of the SFWMD on August ]5,2001, Mr. Carter indicated to me that an "easement" was not required and that any written approval tram S1. Lucie County allowing the outfall pipe would suffice. I believe that a Utility Pencit is all that we would need. Please contact me if there is any other infcITI'ztion you may need to process this pencit. -., i~ rn ® ~ nJJ_~-n! ¡iGlr--' -... I ~ ~, - 6 !. --_.__..-'~ . -.. ," . -,. ."-' - . "._- ;::.:.-, I ; 1". .... ..--' '-- MARTIN.. ST. L.UCIE 561_461_8335 - INDIAN RIVER 561_776-G186' FAX 561-485-7665' WWW.AKDAVIS.CDM - ~ ..." CONSTRUCTI ONVOR paRA TI 0 N co, C013084 . P.O. BOX 166 .. FT. PIERCE, FLORIOA 34Qð4 St. Lucie County Property Acquisition Manager Attn: Mr. Don Cole 2300 Virginia Ave. Ft. Pierce, FL 34982 September 10, 2001 Re: License Agreement for A-I Truss Project Mr. Cole, Richard K. Davis Construction Corporation has been chosen by A-I Truss Company to construct its new roof truss manufacturing facility on Airport Road CSt. Lucie Blvd). This project will include all the site improvements shown on the drawings and has been approved by the St. Lucie County Commission in accordance with resolution number #00136. Part of this project will be to place a stormwater drainage culvert and two potable water pipes under Airport Road. This would be accomplished with open road cuts to Airport Road. At this time a Right of Way Permit has been requested through the St. Lucie County Engineering Department. The project is scheduled to begin in October 2001 and will be completed in the spring 0£2002. Again, pkrrse fee! free to contact me ¡fthere is any additional information you may need to process this request. i1iac Rob MuIlins, P.M. r'l tT [t) . j !~- I:: n D7 ~ ;--:.] -'~_ :z-! \ . .. ~. i t . fr. 1- ¡-. L nUIr.:.r~ t ~. r-\·,-,.-I.~jJS Ii; n, , ...... '1 '-- MARTIN & ST. LUCIE 561-481-8338' INDIAN RIVER 581-778-9168' FAX 561-485-7668' WWW.RKDAVIS.COM - x:1EY "'" '-' "wi AGENDA REQUEST ITEM NO. e ~ J DATE: October 23, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 01-250 - Proclaiming the month of November, 2001, as "Epilepsy Awareness Month" in St. Lucie County, Florida. BACKGROUND: Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings. Epilepsy can affect anyone, at any age and at any time. More than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents. Mr. Jerry Pizza, Chainnan of the Committee for Epilepsy Awareness has requested that this Board proclaim the month of November, 2001, as Epilepsy Awareness Month. The attached Resolution No. 01-250 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. Ol-250 as drafted. COMMISSION ACTION: E: IX] APPROVED [] DENIED [ ] OTHER: County Attorney: [1'/ :/6 Review and Approvals Management & Budget Purchasing Originating Dept. Other: Finance: {Check for Copy only, if applicableJ___ Other: Eff. 5/96 '" '-' ....,; RESOLUTION NO. 01-250 A RESOLUTION PROCLAIMING THE MONTH OF NOVEMBER, 2001,AS "EPILEPSY AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners ofS1. Lucie County, Florida, has made the following determinations: 1. Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings. 2. As long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse fÌom the gods that people afflicted with this disorder had prophetic powers. Hippocrates believed that Epilepsy was a brain disorder. 3. A seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses. 4. Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown. 5. Epilepsy can affect anyone, at any age and at any time. More than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents. 6. With the administration of anticonvulsant drugs, two thirds (66.66%) of those afflicted with Epilepsy are drug controlled. 7. Lack of education about this disorder has contributed to age old myths, superstitions and prejudices. ~ '\ ........ ....,¡ 8. The stigma associated with this disorder is sometimes worse than the disorder itself. People who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance. 9. Studies carried out in the United States over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent. 10. Epilepsy should not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of November, 2001, as "EPILEPSY AWARENESS MONTH" in St. Lucie County, Florida. 2. The County Administrator is hereby directed to forward a copy oftms resolution to the Committee for Epilepsy Awareness, 6670 Royal Palm Blvd., Bldg. K, Apt. 302, Margate, Florida 33063-2189. - - ------- - - ---- --- - ._~-_._----------- -----.-._-"--- -------- PASSED AND DULY ADOPTED this 23rd day of October, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '-' AGENDA REQUEST l ..." ITEM NO. C- :le ~ ß' DATE: October 23, 200/ REGULAR [ PUBLIC HEARING CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Bluefield Road License Agreement with the Florida Department of Transportation BACKGROUND: The Florida Department of Transportation (FDOT) will be making highway improvements on SR 70 (Okeechobee Road). FDOT officials have requested that the County approve the attached License Agreement and Resolution. The License Agreement will provide FDOT a staging area for construction purposes indicted on the attached sketch and will also allow for the sloping, grading and harmonizing of Bluefield Road with the new highway improvements on SR 70. FUNDS AVAIL. N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the attached License Agreement and Resolution Number 01-252 with FDOT and authorize the Chairman to sign the License Agreement and Resolution. Staff also recommends there be not cost to FDOT for this approval. COMMISSION ACTION: [ X] [ ] APPROVED OTHER: DENIED Anderson Administrator XX Originating Div. : v2Y' .~ Review and A~lS xx PubllC Works: _______~ XX Engineering: ,J("'Þv-- ~ if applicable) Purchasing: XX County Attorney: Leisure Services: Finance; (Check for Copy only, E f f 5 / 9 6 G: \ACQ\WP\DON\AGENDAS\FDOT Bluefield Dairy Rd. License Agreement .wpd JO ~ JEB BUSH GOVERNOR ~ Florida Department of Transportation DISTRICT FOUR - RIGHT OF WAY MANAGEMENT SERVICES 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 Telephone (954) 777-4242 Fax (954) 777-4261 "'" 'wìI THOMAS E BARRY, JR. SECRETARY September 24, 2001 fõ) rn © rnJ_W Œ rñì Wl:EP 2 6 200~æJ ---- -.._--,~J Scott W. Isberner, E.!. 2300 Virginia Avenue Ft. Pierce, FL 34982 SUBJECT: --._-..._~~---,--,..........._,... EÞ.,J r~ :;'.! r.:: r.:q ¡r\"G I i I.,..~"" . l_"..., f ., ¡,. 1- License Agreement 907 Financial Project I.D.: Work Program Item No. (old): State Job No. (old): State Road No.: County: Parcel No.: 2301061 4119206 94030-2512 70 (Okeechobee Rd.) St. Lucie 907 Dear Mr. Isberner: . Enclosed, please find the revised License Agreement and Resolution reflecting the added language as you requested. Please execute the enclosed documents and return to our office at your earliest convenience. If you have any further questions or concerns please feel free to call me at (954) 777-423 I. Thank you for your assistance in this matter. ¡-I ; r¡ 1111 [5 fll I_'..! ~ II ¡ . (I.: - 5 2001_-1 "J' It..£~,~,. '~.:..,:::,,:·';":~F~9.~ cc: Eric G. Thome John Thompson Records Management, Agents File Sincerely, ,.¡t::? 0\()'¥Î;2~f )1l6J\{~ Nancy Nomikos RIW Agent certified mail #: 7000-1670-0006-2206_] 105 www.dot.state.fl.us ø RECYCLED PAPER ,;;;;. -- " '-' 'w!I 09-L.11-12/97 This instrument prepared under the direction of: Laurice C. Mayes, Esq. Legal description prepared by: Grace K. Abel (9-21-01) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section No. Managing District: S.R. No. County: 907.1R(9-21-01) 2301061 94030-2512 04 70 St. Lucie LICENSE This Agreement made the day of , 200 between ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is: 2300 Virginia Avenue, 2nd Floor Annex, Room 229, Ft. Pierce, Florida, 34982-5652, herein called licensor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein called licensee. In consideration of the benefits accruing unto the licensor, the parties agree as follows: Licensor hereby grants to licensee a license for construction purposes and uses, subject to all of the terms and conditions hereof, the following described premises: Parcel No. 907 Item/Segment No. 2301061 (Section No. 94030-2512) That part of Bluefield Dairy Road lying Southerly and adjacent to State Road 70 (Okeechobee Road) in the Southwest ~ of Section 29, Township 36 South, Range 37 East, St. Lucie County Florida, being more particularly described as follows: BEGIN at the intersection of the Southerly Existing Right of Way line for State Road 70 (Okeechobee Road), with the Easterly Existing Right of Way line for Bluefield Dairy Road, thence South 51°51'10" East along said Easterly Existing Right of Way line for Bluefield Dairy Road, a distance of 297.13 feet; thence South 38°08'50" West, a distance of 150.00 feet to a point on the Westerly Existing Right of Way line for said Bluefield Dairy Road; thence North 51051'10" West along said Westerly Existing Right of Way line, a distance of 311.08 feet to a point on the Southerly Existing Right of Way line for said State Road 70 (Okeechobee Road) and a point on a curve concave to the North, having a chord bearing of North 43°27'40" East; thence Northerly along said Southerly Existing Right of Way line and said curve, having a radius of 1,967.13 feet, through a central angle of 04°23'20", an arc distance of 150.68 feet to the end of said curve and the POINT OF BEGINNING. The premises may be occupied and used by licensee as a staging area for construction purposes, and sloping, grading, tying in, harmonizing and reconnecting existing features of the licensor's property with the highway improvements which are to be constructed together with incidental purposes related thereto during the period beginning with the date first above written and continuing until completion of the transportation project, but not later than the last day of June 2006. Upon the completion of the transportation project, the afore mentioned area is to be returned to its original condition. During the construction period, traffic will not be impeded on Bluefield Road. ..-:.:I ~ ""'" ....,; The making, execution and delivery of this agreement by licensor has been induced by no representations, statements, warranties, or agreements other than those contained herein. This agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the said licensor has signed and sealed these presents the day and year first above written. ATTEST: Print Name: Clerk (or Deputy Clerk) ST. LUCIE COUNTY, FLORIDA By Its Board of County Commissioners By: Print Name: Its Chairperson (or Vice-Chairperson) '-' ....., L.12-12/97 This instrument prepared under the direction of: Laurice C. Mayes, Esq. Legal description prepared by: Grace K. Abel (9-21-01) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section No. Managing District: S.R. No. County: 907.1R(9-21-01) 2301061 94030-2512 04 70 St. Lucie RES 0 L UTI 0 N. NUMBER 01-252 ON MOTION of Commissioner seconded by Commissioner the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. lQ, Item/Segment No. 2301061, Section No. 94030-2512, in St. Lucie County, Florida: and WHEREAS, it is necessary that certain lands now owned by St. Lucie County be used temporarily by the State of Florida for the use and benefit of the State of Florida Department of Transportation: and WHEREAS, said use is in the best interest of the County: and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a license agreement, or agreements, in favor of the State of Florida, for the purpose of Roadway Construction, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, that the application of the State of Florida Department of Transportation for a license agreement or agreements are for transportation purposes which are in the public or community interest and for public welfare; that a license agreement or agreements, in favor of the State of Florida, in St. Lucie County, Florida, should be drawn and executed by this Board of County Commissioners. Consideration shall be $ BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing is a true copy of adopted by the Board of County Commissioners of St. Lucie Florida at a meeting held on the ____ day of a Resolution County, , 200 Print Name: Clerk Board of County Commissioners St. Lucie County, Florida , s . S"rATE-: OF FLORIDA DEPARTMENT OF "rRANSPORTATION Photo DaTe. 5-2.0-15 .' ... .. ., , .~ .. s PO - ¡ (;, BE> RIG H'T ~------........-...-. OF WAY MAP SYA'1"E fÕfOAD No. 70 Jrr. L uet E COUN1~: ~-=-·~-IiV-· _ "-';;'!;--~~;'7~r;¡;~--"'''''M'_____~--'~)î;'~j;:'>1 Ð"",W¡¡ B. Pendleton 7-30-79 ¿.,/¿{~~{¿";;"..,,,". .m.{,::Zf}1þ<~~-,.. ð Df."'RICT CNGINI... '. (. ...-ty~r ('"4 -ê:4-?..9. II!:t~GHU:j['" o¡¡r MIGHlO Of" WAY 940~O-?R I:') STATE HIGHWA.Y 1~p.¡GtNii:¡;R - -- -__·_'___·~.'n__ QI..JIf'~~""" a. 1"11~ '- ..""" ITEM NO. c-3A DATE: 10/23/01 AGENDA REQUEST SUBMITTED BY (DEPT): PUBLIC WORKS - Buildina Division REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) PRESENTED BY: t9-M~ Dennis Grim Code Compliance Manager TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Request to purchase a Recorder for the Contractor Licensing and Code Enforcement Board meetings. BACKGROUND: The current recorder has stopped working. This recorder is needed for the Contractor Licensing Board and Code Board meetings which are each held once a month in the County Commission Chambers. No other recorder is available. The current recorder is over Ten years old. FUNDS AVAILABLE: Funds will be made available from 491-9910-599300-800 Reserve account and transferred to the 491-2415-564000-200 Machinery & Equipment account with Budget Amendment 02-103. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approval to purchase recorder, Budget Amendment 02-103, and Equipment request-02-155. COMMISSION ACTION: o APPROVED 0 DENIED ~OTHER: Pulled for additional information II County Attorney: ()£ Review and Approvals II Management and Budget: !w~(k~ [] Other: (Landfill) II Purchasing: I1P- II Originating Dept: (Pub. Wks.) [] Other: [] 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. .. '-' ...., BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB/PW-BUILDING & ZONING PREPARED DATE: 10-11-01 AGENDA DATE: 10-23-01 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 491-2415-564000-200 MACHINERY & EQUIPMENT $3,295 FROM: 491-9910-599300-800 RESERVES $3,295 REASON FOR BUDGET AMENDMENT: TO COVER EXPENSE FOR PURCHASING A RECORDER. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: 02-103 DOCUMENT # & INPUT BY: G:\BUDGEnQUA TTRO\GENERALIFORMSIAMENDM02.wb3 - , '-" ""'" fD C/,) S;: l.U Q: 0 a :2: a (\ , f- a a ~ a "<t to ( ) L(') £; , ü L(') .... .... rn ~ Q ~ ~ C/,) C/,) '1:1 , LU .... N ~ ~ .g 0) Z Q Q: "<t Q ( ) 0 ~ ( ) C;; ¡:.: s::: ..... z .!!1 ~ Q ..... W .... Q Q ( ) :EN Q ~ 'E.c :E~ N W 0- I 0 U Õ 0< C") < ~ E èi. ULU N ...J I a.. .!!1 (1 w ~~ Q ë w ~~ OJ ..... w a:: ~ Z< 0 ~ s::: ::> z ë tiJo z ::IU" w w .s::: '1:1 ornLU w .g"a> I- ~ Z z U-I- > - oJ:: LL< ~ 0 Z ~"§ ::> LL~C 0 a:: ;;¡: 0 0 a.. I- '1:1(1 0 001- ( ) ( ) w a.. w Q.CI) 0 CLLrn a:: < a:: §-OJ .....=! ~I-LU I-- 1ï5:§ <rn::::) CI) ( ) OLUO (1 ( ) m::::)LU J:: E O~ "2'E ~LU< (1 (1 '1:10 Z~C _a:J ::::)I-Z 0_ OZLU l': á5 ULUC) (1 E ~( ) LU:E< .... s::: f2 _Il. ( ) ( )Q U- 'E ~¡] ::::)::::) 8 .JO ( ) ;,. ( ) LU :2: Q: 0'1:1 ¡....: CI) 0 0 ( ) .;: ü rn èi) Q. ( )'1:1 S;: ~ 'E s::: ::::. o (1 Q u OJ ~ l.U ~ ~ .S a (1 ( ) CI) u Q.á5 Q: 0 0 ~ .~ ~ ~ ~ -...,J (!) '1:1 s::: ... L(') Ü :2: <:( ~.8 L(') .... .... :J Q ( ) L(') ~ u , ·õ 0) u ~ (\ § ::::! s::: (\ ( ) s::: a :::> (1 t"')" ~8 0 Q a:J ...,J ~ l.U ¡:.: :it z 0 ¡:.: ::> z w 0 0 a:: z ¡:.: ~ ¡:: I- W Z < < Z ~ Z W I- 0 W I- ~ ~ a:: 0 w ii: < ëi) a.. C) ¡:: a.. a.. :> :5 0 U) :5 ~ 0 ::> ::> 0 Õ w OJ '"") W ,. "'" ....." 3625 Pari< Central Blvd. N. Pompano Beach, Fl 33064 Pompano; (g~) Q77-8400 Palm Beaçh; (061 ¡ 471-5555 Toll Free: (eoo) 726~103 F",.: (954) 977.8466 www.mllner·voice-data.com " ST.LUCIE COUNTY CODE ENFORCE.MENT Lanier Advocate V Recorder Ortober 10, 2001 Qty. Description Unit Ext.Amount Lanier Advocate V Recorder $3,295 $3,295.00 DELIVERY N/C TOTAL INVESTMENT $3,295.00 @ @{E[J,[LSOUüfH "'~""I IT- A .,.., U ¡~J\~ ('v' r:. (' ...., r;:.. .r;¡'-1n"'--~.<t.'r.'';;.;;r\~~. ~ ! f\V'1 ~~..-..~1.. ! I:"\\~i' U,\/ J..~Lf·'-\t--...~l) , ..: " .- .~, r@r='I--':-'" ... {~'.-:._.<._.i~:".~:l <,' 1,1 r 11.1 )111/1 I' "I', T I'I!II II' !r~ ;:r-~-,' mi::Jrlr~rp;\:J~! =:=if!· -' L.u '\.j 11 -=:Ol~ \ U ~l-== 20:3Ðt:7d Bt7H29t719S: Dl 99f78¿¿6t7S61 ~3N1IW:WO~~ BS:L0 10 01-~JO " '-' """" 3625 Park C..ntral BI~d. N. Pompano Beach. FL 33064 Pompano: (954) 97H14oa Palm Beach: (561) 471-ð555 Toll Free: (800) 726-8103 Fax; (954) 977-~4ôô www.milner-lfQlcw-d ~I~.(;(¡m ! Lease Quote for: St.Lucie County Code Enforcement Date: 10/10/2001 The following information describes the approximate monthly lease payments based upon the term in months and the security deposit provided below. Any variance in the amount financed will change the monthly payments. Taxes. if applicable, must be added to the monthly payments. Lease TVDe Term in Months Payment Security DeDOsit Fair Market Value 24 $155.19 SO.OO Fair Market Value 36 5110.71 So.oO Fair Market Value 39 5106.44 SO.OO Fal, Market Value 48 SI1.27 SO.OO Dollar Buyout 24 $164.42 So.oO - Dollar Buyout 36 $117.83 $0.00 Dollar Buyout 31 '111.37 50.00 Dollar Buyout 48 594.57 $0.00 @ Œ3fßflil,SOUfH _ ,,\-,;;;0"_1__ ·w, . .' - ¡'j:=- ~ . . " ., . ~~ ' , -' J\\ I r ~ ~I )H 1/ I ~ \ I' . . III I, It: : I )It 'u' r8~ ^ ([ 't, ~ ,. ",. (~r~"5)':=> r<'\.~p . U \:./ L.j'....;;;~"'(~~ol~.?i-;:;.¿:F..i b .' C1""I:::) ni.:\r'" r,=(75) .- .OJ,..,,' C::::.7 tJlr0 lJ :-g¿;U\.(è.';!f ~lb £0:3Ðt:Jd 8171:129171:9S:01 99Þ8L¿6ÞS61: ~3NlIW:WO~~ 8S:¿0 1:0 01:-1JO 't .. '-' '-' ITEM NO. C 3b DATE: 10/23/01 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN PRESENTED BY: Î SUBJECT: Approve Change-Order No.2 for East Coast Sod and Landscaping n the a $33,295.75 for the South County Regional Sports Stadium. BACKGROUND: The St. Lucie County School Board received bids for the South County Regional Sports Stadium. St. Lucie County has contracted with the low bidders from this process to construct the stadium. East Coast Sod and Landscaping was contracted under the original W.G. Mills package for Phase I landscaping. Approval of Change-Order No.2 will allow for the completion of Phase II landscaping. FUNDS AVAILABLE: Funds are available in Fund No. 001-7516-563000-7902, and 316- 751,s63000-79502. (South County Regional Sports Stadium Accounts), The Board awarded the landscaping contract to East Coast Sod and Landscaping on July 25, 2000. Change-order No.1 for East Coast Sod and Landscaping was approved by the Board on December 12, 2000. PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board approve Change-Order No.2 in the amount of $33,295.75 for the South County Regional Sports Stadium. This will bring the total contract with East Coast Sod and Landscaping to $189,834.46. ;(J APPROVED o OTHER: o DENIED as Anderson County Administrator COMMISSION ACTION: 181 County Attorney: ~/ Review and ÄDprovals 181 Management and Budget: ~..() ~'¡ff'~ o Other: (Landfill) o Purchasing: 181 Originating Dept: (Pub. Wks.\ o Other: o 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. ~ '-'" """'" PUBLIC WORKS DEPARTMENT ADMINISTRATION MEMORANDUM ,,-",c "·'·""';.F',,:,''''_')~. cit: :",~,~:~G~ " " TO: .'" '-'iTi"!!I'!i·!m-'('-" Board of County Commissioners FROM: Ray Wazny, Public Works Director DATE: October 23, 2001 RE: Landscaping Contract - South County Regional Sports Stadium ************************************************************************************************************ BACKGROUND: RECOMMENDATION: On August 14, 2001, the Board of County Commissioners approved $33,096.00 for funding of Phase II landscaping at the South County Regional Sports Stadium. East Coast Sod had been under contract with the County for Phase I, and staff is processing Phase II as a Change order. At the request of County Staff, East Coast Sod completed the Phase II landscaping prior to the first football game at the new stadium. Queen Palm trees were removed in Phase II and replaced with native Sabal Palm trees. Approximately 30 donated Oak trees 15 feet in height were substituted for planned 10 foot Oak trees. There are 23 Washingtonian Palm Trees placed near the entry of the Sports Stadium. There are also 44 native Sabal Palm trees and 15 Queen Palm trees placed on the site. The architect specified this mix to enhance street appearance providing for trees of varied heights at maturity. In future County projects staff will require native vegetation for landscaping. Staff recommends the Board approve Change-Order No.2 in the amount of $33,295.75 for the South County Regional Sports Stadium. This will bring the total contract with East Coast Sod and Landscaping to $189,834.46. · 1 .... ""'" AGENDA REQUEST 'wi ITEM NO. C-3c DATE: October 23, 2001 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 ~~ Donald B. Wes, P.E. County Engineer SUBJECT: Sidewalk and Landscaping Maintenance Memorandum of Agreement with FOOT for Indian River Lagoon Trace Pathway along State Road A 1A BACKGROUND: The "Indian River Lagoon Trace" Project involves construction of an 8' wide sidewalk/bicycle path facility alongside State Road A 1A on South Hutchinson Island. The project is 11 miles long, beginning at the Ocean Towers Condominium complex (in south county), extending northward to the City Limits of Ft. Pierce. The project will be constructed in three phases. The attached Sidewalk and Landscaping Maintenance Memorandum of Agreement with FOOT outlines St. Lucie County's responsibility in maintaining the sidewalk corridor within the FDOT right-of-way. This Agreement and Resolution No. 01-247 includes Phase I of the Indian River Lagoon Trace Pathway from Ocean Towers to Walton Rocks Beach. Current maintenance costs are $2,500 per mile. FUNDS AVAIL.: n/a PREVIOUS ACTION: September, 1998 - Board granted conceptual approval to plans for development of pathway. April 20, 1999 - Board approved work authorization with consultant, Glatting Jackson, for design and permitting in the amount of $149,000. October 12, 1999 - Board approved Change Order NO.1 to contract for environmental requirements. December 2, 1999 - Board approved Change Order NO.2 for additional services to obtain permits. July 18, 2000 - Board granted permission to advertise and approved the construction budget of $700,000. February 6, 2001 - Board approved Work Authorization NO.5 with Glatting Jackson in the amount not to exceed $5,000 for revision to the construction plans and bid specifications. May 8, 2001 - Board approved bid award to Dickerson Florida, Inc. for construction in the amount of $990,038. RECOMMENDATION: Engineering staff recommends Board approval of the Maintenance Memorandum of Agreement with FOOT and Resolution No. 01-247 for the maintenance of Phase I of Indian River Lagoon Pathway and signature by the Chairman. Do Co COMMISSION ACTION: K] APPROVED [ ] OTHER: [ ] DENIED [x]County Attornev [x]Originating Dept. Public Works ,(;Lv IRLTrace FDOT.ag . tY Coordination/Signatures [x]RevCoord g~ [x]Road/Bridge~ [ ]Mgt. & Budget [x]Co. Enq ~1 ~ . ( , . \w -....I RESOLUTION NO. 01-241 A RESOLUTION AUTHORIZING AND APPROVING EXECUTION OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND ST. LUCIE COUNTY FOR A SIDEW ALK AND LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT FOR PHASE I OF INDIAN RIVER LAGOON TRACE PATHWAY FROM OCEAN TOWERS TO W ALTON ROCKS BEACH 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; AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Department and the County are desirous of having the County maintain the sidewalk and landscaping for Phase I of Indian River Lagoon Trace Pathway from Ocean Towers to Walton Rocks Beach. 2. This Board should authorize and approve execution of the Sidewalk and Landscaping Maintenance Memorandum of Agreement with the State of Florida Department of Transportation. 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 Sidewalk and Landscaping Maintenance Memorandum of Agreement with the State of Florida Department ....... ....." of Transportation to provide landscaping and sidewalk maintenance for Phase I of Indian River Lagoon Pathway from Ocean Towers to Walton Rocks Beach. 2. The Chairman of the Board of County Commissioners and the Clerk are hereby authorized to execute the Sidewalk and Landscaping Maintenance Memorandum of 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 Frannie Hutchinson XX Vice Chairman Doug Coward XX Commissioner Paula A. Lewis XX Commissioner Cliff Barnes XX Commissioner John Bruhn XX PASSED AND DULY ADOPTED this day of October, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY '-' ...., DISTRICT FOUR (4) SIDEWALK AND LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT DSF-MAINTENANCE THIS AGREEMENT, made and entered into this day of _200l, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and ST.LUCIE COUNTY, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the AGENCY; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the Department, for the purposes of safety, protection of the investment and other reasons, has constructed and does maintain a two lane highway facility described as State Road A-l-A within the corporate limits of the AGENCY; and WHEREAS; the AGENCY wishes to construct landscaping, sidewalk corridor and drainage partially inside the Department's right of way and partially outside the Department's right of way; and WHEREAS; the parties hereto mutually recognize the need for entering into an agreement designating and setting forth the responsibilities of each party; and WHEREAS; the AGENCY by Resolution No. _dated , 2001, attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW, THEREFORE, for and in consideration of the mutual benefits to follow each to the other, the parties covenant and agree as follows: 1. The DEPARTMENT hereby agrees to favorably review a permit request to allow a portion of concrete gravity wall and handrail, paver brick crosswalks and concrete sidewalk and drainage structures with related exfiltration trench to be constructed within the Department's east highway facility right of way connected to a portion of concrete sidewalk along the Department's east right of way on the Agency's property as specified in the plans and specifications hereinafter referred to as the Project; and incorporated herein as Exhibit "A". 2. The AGENCY, agrees to maintain all the concrete gravity wall and handrail, paver brick crosswalks and concrete sidewalk and drainage structures with related exfiltration trench within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means to periodically inspect and to cause to be repaired or '-' ...., replaced any concrete gravity wall and handrail, paver brick crosswalks and concrete sidewalk and drainage structures with related exfiltration trench which can cause a safety hazard; to properly keep the project fÌ"ee of debris; to keep all elements stated herein to the original plans and specifications in Exhibit "A"; and to keep the roadway fÌ"ee of any standing water. Should the Agency elect to install landscaping on property owned by St. Lucie County, all elements of the landscaping shall be kept in a healthy state and trimmed ten (10) feet clear over pedestrian ways and 14.5 feet clear over all roadway traffic. The above named functions to be performed by the AGENCY, shall be subject to periodic inspection by the DEPARTMENT according to the FDOT Maintenance Rating Handbook, dated July 2001 of subsequent updates thereto and the FDOT Roadway and Traffic Design Standards, dated January 2000 or subsequent updates thereto. Such inspection findings shall be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or termination. The AGENCY shall not change or deviate from said plans and specifications in Exhibit "A" without written approval of the DEPARTMENT. 3. If at any time after the AGENCY has assumed the Project installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the Department's District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this agreement, said District Secretary may at his option issue written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place said AGENCY on notice thereof Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: (1) Maintain the project or any part thereof, with DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, or (2) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and remove, by DEPARTMENT or contractor's personnel, any or all of the Project elements installed under this Agreement or any preceding agreements and charge the AGENCY the reasonable cost of such removal, and any costs necessary to restore the function of the roadway concrete gravity wall and handrail, paver brick crosswalks and concrete sidewalk and drainage structures with related exfiltration trench to a safe condition. 3. It is understood between the parties hereto that the Project covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping and sidewalk after which time the DEPARTMENT may remove same. ......... ..." 5. The AGENCY agrees to reimburse the DEPARTMENT all monies expended to remove, correct or maintain the Project, should any part of the Project fail to be maintained in accordance with the terms and conditions of this Agreement. 6. This Agreement may be terminated under anyone for the following conditions: (1) By the DEPARMENT, if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice. (2) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 1l9, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 7. The term of this Agreement commences upon execution. 8. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the DEPARTMENT, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY'S negligent performance of the work under this Agreement, or due to the failure of the AGENCY to construct or maintain the Project in conformance with the standards described in Section 2 or the Agreement. 9. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. lO. 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 the 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 contracts or other binding commitment of funds. Nothing here in contained shall prevent making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of $25,000.00 and which have a term for a period of more than one year. 11. The Department's District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason· of this agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon claims,iquestions and disputes shall be final and conclusive upon the parties hereto. '-' ....,¡ 12. This Agreement may not be assigned or transferred by the AGENCY in whole or in part without the written consent of the DEPARTMENT. 13. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event ofa conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Mayor or Chairman District Secretary Attest: Attest: Clerk Executive Secretary Approval as to Form Date Approval as to Form Date Exhibit "A" PROJECT LOCATION '-" ...." SR A-I-A FROM Station 132+01.55 TO Station 317+16.08 Construct 8' Concrete Sidewalk, Paver Brick Crosswalks, Concrete Gravity Wall and PVC Handrail, Ditch Bottom Inlets with 4' Sumps and Aluminum Skimmers, 18". HDPVC Perforated Pipe and Exfiltration Drains, And Embankment with grading, sodding and compaction. ATTACHED HERETO AND MADE A PART HEREOF PROJECT NO.: DRAWING NOS.: Prepared By: COUNTY S.R. NO.: 4656.02 C-l Through C-12 Williams, Hatfield and Stoner, Inc. ST.LUCIE A-I-A ..LNU.1.AN 1\1 Vl::K U.J,\:JUJN TRACE - PATHWAY "wi "'P ,...\ NW~ ~ /E w ---oIIIIii._ (_ ~ E jÞ, sw r IE S (" LunD 'tlf". .......i '''''1' '0". ". '.flt .... "'''A1I 10iD "'P ~ - -,-,.- ,.'M. ~ CD (i3 V.I. NI.....' "AU Mi."....' Un.IOAD C.U."..IIO. CAli , CAUL 011 O'f(" ......,.. ...... 1.0_ L'II'. LU~ , on "UCl 1"lon ...... () - -~- - -_._. .. ..".-. C;:) - r::;:;:J PO_OI .. '" u. .. Clf'LINlta ~ 'ITI""'1'1 "I",wn Goun IU' _'11_ o (') ~ 1'.1 !t- '>.. ~~ ..4. ~..s.*' o '>!'\'~ :~ I'~ ~~ <:of/'-rÝ' ¡;¡...'" ~'> ~,,(,.o ~ ..,0- c..'" <;¡,~"" 0.;>11 ð-- ~" ~... acYl" r;- u T y PREPARED 'OR OOUGI.A5 S. PUTNAM ST. LUCIE COUNTt PROPERTY APPIIAISU mlT "'IItC!. "LORIOA ,.. I . , . "U-IIII"'" C.""I'" '\II~ Dun I'I 1.4, ',n. Ut "'.....",. '.'1. r"nul" - Oil. 111'0,." IGI'.C .1116- A',...... .00... MI. . 1110,- ",1" ...... '-" AGENDA REQUEST "'" ITEM NO. C.·3 D DATE: October 23,2001 SUBMITTED BY(DEPT): ENGINEERING DEPT REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: {~~~1'~ County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Permission to Advertise Thirteen (13) Public Hearings Stating the County's Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments Levied by the Oleander Business Park, Treasure Cove/Ocean Harbor South, North Lennard Road1, North Lennard Road2, North Lennard Road3, River Branch Estates, Indian River Estates, Saeger Ave, Echo Street, Sunland Gardens, Cory Campbell, King Orange2, and Skylark 2 Municipal Services Benefit Units. BACKGROUND: See attached memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board grant permission to advertise thirteen (13) public hearings stating the County's intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding municipal service benefit units. In the opinion of staff, the public hearings are recommended to be held on December 4, 2001 which is a night Board meeting. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: E: u sAnderson nty Administrator Coordination/Sianatures [x] Utilities [x]MSBU Coor [x]County Attorney [x]Public Works Dir 6¥ ';4/ CoordinatlonlSlanatures [ ]Finance (check for copy only, if applicable) [ ]Mgt. & Budget [x ]Co. Eng ..ÀF~ . ( TO: FROM: DATE: SUBJECT: '-' ,...", COMMISSION REVIEW: October 23, 2001 ENGINEERING MEMORANDUM 01-284 Board of County Commissioners Donald B. West, County Engineer October 12, 2001 Permission to Advertise Thirteen (13) Public Hearings Stating the County's Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments Levied by the Oleander Business Park, Treasure Cove/Ocean Harbor South, North Lennard Road1, North Lennard Road2, North Lennard Road3, River Branch Estates, Indian River Estates, Saeger Ave, Echo Street, Sunland Gardens, Cory Campbell, King Orange2, and Skylark 2 Municipal Services Benefit Units. BACKGROUND The Board is considering the creation or has created the following municipal services benefit units: 1. Oleander Business Park - created 12/19/95- wastewater 2. Treasure Cove/Ocean Harbor South - levied 10/02/01 - wastewater 3. North Lennard Road1 - created 6/6/00 - roadway 4. North Lennard Road2 - created 6/6/00 - potable water 5. North Lennard Road3 - created 6/6/00 - wastewater 6. River Branch Estates - created 6/2/98 - potable water 7. Indian River Estates - proposed - potable water 8. Saeger Road - proposed - potable water 9. Echo Street - proposed - potable water 10. Sunland Gardens - proposed - potable water 11. Cory Campbell - proposed - drainage and potable water 12. King Orange 2 - created 11/8/00 - potable water 13. Skylark 2 - created 11/8/00 - potable water One of the funding methods available for the above projects is through non-ad valorem special assessments levied on properties within the proposed municipal service benefit units and collected using the uniform method pursuant to Section 197.3632, Florida Statutes. In order to preserve this funding option, it is necessary for the Board to adopt resolutions for each MSBU at a duly advertised public hearing held prior to January 1, 2002, as provided for in Chapter 197, Florida Statutes. The resolutions, which will be provided before the public hearings, do not in any way obligate the County to levy the special assessments, rather they simply preserve the County's option to use the uniform method of collection if a special assessment is levied. '-' """ RECOMMENDATION Staff recommends that the Board grant permission to advertise thirteen (13) public hearings stating the County's intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding municipal service benefit units. In the opinion of staff, the public hearings are recommended to be held on December 4, 2001 which is a night Board meeting. BP cc: Staff Concurring Finance Director OMS Director Tax Collector Property Appraiser g\eng\wp\msbu-prog\noi2002\aga-advph1 (13).wpd ....... "WI ENGINEERING DIVISION MEMORANDUM No. 01-237 TO: Board of County Commissioners Doug Anderson, County Administrator Ray Wazny, P.E., Public Works Director Don West, P.E., County Engineer Bill Blazak, Utilities Director Mike Bowers, Road & Bridge Manager FROM: Rebecca Padrick, MSBU Coordinator DATE: September 10, 2001 SUBJECT: Chapter 197 Public Hearings to Consider Adoption of Resolutions Stating the County's Intent to Use the Uniform Method of Collecting Ad-Valorem Special Assessments Levied by MSBU's Pursuant to Chapter 197.3632(3)(a) Florida Statutes, the Board is required to adopt resolutions at a duly advertised public hearing prior to December 31,2001, for all MSBU's that may be created during the 2002 calendar year. Within the next few weeks, I will begin preparing the notice of intents and resolutions, including the legal descriptions and boundary maps. Please review the attached list of proposed MSBU's currently being processed and provide me with the names of any potential MSBU projects that are not listed. If a MSBU project will be engineered by an outside firm, please ask them to provide a legal description of the proposed MSBU boundary. In November, we will request permission from the Board to advertise the public hearings, to be held in December. The County Attorney will need to review the notices and '-' .."" resolutions beforehand, therefore, I will need the above information by no later than October 12th. Your prompt attention in this matter would be greatly appreciated. If you foresee a problem in providing any of the requested information, especially the legal descriptions, please let me know as soon as possible. /bp attachment cc: County Attorney g:\noi2002\memo.wpd 00-0:::01.91: ·1t.8~ I< .. . . '. ...."... :~:~: .. 1/21«XJ2«XJ161 '. .., .'. .. ClrY /oJ/NEXED EXE"p"f. ; :: :. ::. i,.: .... :::., "..' ·t···. '; ::. . 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' . _l _:. ________ _ ________. ¡. BOARD oF" 'COUNTŸ-"ëoMMISSIONERS 1 "'-'.r!o!'ì ~ I'¡~:ii!io!f ,pu~ð¿N,ToR~r~[E~/OE~~I~ER~~O~~ON, ! ¡ ~. ih-i- M.S.B.U. SECTION , '. , " 2300 VIRGINIA AVE.. FORT PIERCE. FLORIDA 34962 i,.............. ..m.. i,ì,· Hi ___.._!~~~~I!.~_~___" 4 ..6_2 - I 7 0 7 _ _ j~ 002 II .0 W G ïfE\f·ïs·I"õ·N'S·· -~- ··..·..·"1 "-"~- ~ AGENDA REQUEST ....., ITEM NO. C-3e DATE: October 23, 2001 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: (~~~st~~ County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Lennard Road PD&E Study (RFQ #01-050) BACKGROUND: On May 8, 2001, BOCC granted permission to advertise for selection of a consulting engineer to complete the PD&E Study for Lennard Road. On July 10, 2001, the BOCC approved the three firms shortlisted to submit proposals. On October 12th the selection committee unanimously ranked the firms in the following order: 1. Kimley-Horn 2. RS&H 3. PBS&J FUNDS AVAIL.: 316001-9910-599300-800 - Transportation CapitaJ/Reserves PREVIOUS ACTION: May 8, 2001, BOCC granted permission to advertise for selection of a consulting engineer to complete the PD&E Study for Lennard Road. July 10, 2001 - BOCC approved three firms shortlisted to submit proposals. RECOMMENDATION: Staff recommends Board approve authorization to negotiate with the top ranked firm, and work with the second firm if unable to successfully negotiate a contract with the first selection, and authorize the Chairman to sign the contract as prepared by the County Attorney. Ix] APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: [x]County Attorney (k [x]Originating Dept. Public Works lennard pd&e award.ag ~~ [x]Co. En [x]Revenue Coord.---Î2.ß t'\ [x]Purchasinll ¡..p-- .~ '-" ...." ITEM NO. C-3f DATE: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: SUBJECT: Drainage/Utility Reimbursement Agreement between St. Lucie County d City of Port St. Lucie. SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 BACKGROUND: The attached letter outlines the terms and conditions of an agreement between the City of Port St. Lucie and St. Lucie County regarding reimbursement of funds for drainage and utility work. The City of Port St. Lucie is constructing drainage facilities as part of the S. Lennard Road/Mariposa Blvd. Widening Project that will provide benefits to the residents in unincorporated St. Lucie County. Based upon an analysis of the contributing land areas in the drainage basin, the County is responsible for a cost share in the amount of$221 ,378 towards the S. Lennard Road/Mariposa Project (see attached letter from Culpepper & Terpening Engineers dated August 8, 2001). Likewise, St. Lucie County constructed water and sewer (utility) improvements as part of the S. 25th Street Widening Project in 1998. This work involved relocation of existing utility lines that are owned and maintained by the City of Port St. Lucie. The City of Port St. Lucie is responsible for a cost share in the amount of $158,653 towards the S. 25th Street Project. The attached change order documents detail the items and associated costs for utility relocation. The attached letter agreement recognizes the respective reimbursement obligations of both the City and County and sets forth a net amount due to the City of Port St. Lucie of $62,725.00. Both the City Manager and the County Administrator have agreed to these terms. FUNDS AVAIL.: Funds will be made available in 101 003-41134-563000-xxxx Transportation Trust, Local Option Drainage. PREVIOUS ACTION: n/a RECOMMENDA TION: Based upon approval of the City Manager and the County Administrator, staff recommends Board approval of the attached letter agreement for drainage/utility reimbursement and signature by the Chairman. · .. COMMISSION ACTION: [x] APPROVED [ ] OTHER: fqCounty Attorney' L9r '-' [ ] DENIED [x]Originating Dept. Public Works [ ]Finance drainage reim agmt psl.ag (check for copy only, if applicable) ~'-\J Coordination/SiAnatures /<'1 [x]Mgt. & Budget 1JfJ fr1 (}1U/ [x]Co. EnA -Àf\»\' f ..",; E: u sAnderson ounty Administrator [x]Revenue coor.....ßA.M. [ ]Other ·' , 10/01i01 14:37 fi'~61 671 ~248 PSL ADMIN III 0021004 '-' 'WI CITY OF PORT ST. LUCIE I ......."...... ...... A CITY FOR ALL AGES¡ October 1. 2001 Via Fax and Certified Mail Mr. Douglas M. Anderson County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Re: Drainage/Utility Reimbursemen't -- Letter Agreement Dear Mr. Anderson: Attached herein please find a signed copy of the agreement as outlined previously. Please send the oounty warrant in the amount of $62,725 to this office and I will fî ensure that it is credited to the appropriate account. C. ~ ,.J If you ~ave any questions, please feel free to contact this office at your ' f\.... (J¡L<~ G convenience. I 'I Sincerely, f1J tf~· DöNALD B. C~'UER --- City Manager DBC:eg Attach. Th1iJ.o~ fè~~. ? c: Frank Blackwell, Finance Dlrector/CltyTraasurer Gary L. Basham, P.E., Director of UtilitY Systems Roger G. Orr. City Attorney David K. Pollard, Director of OMS Larry Thaoker, Director of Public Works . ..-.,.... ~... ."-',. -.,. .". ·'"""....-..,....~"ILIL .,~...........,......."-'...:..._,_. ,. <,f' 121 S.W. Port St. Lucie Boulevard' Port St. Lucie, FL34984.S099' 5611871.5225. $61/8789007 ~~+.* 10\ OOg - +'.'34 - ,?Ç.3 COO - ~"f- tA~ Ç)~ "'þ~~~ .,.~~ l'~-l ~~ ~ bt. ro~4L ~~~ 10/01101 14: 37 fi'~61 871 ~248 PSL AÐ}fI" !¡¡¡003/004 -¡- '. '. '-' . ...." -, BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGlAS M. ANDERSON September 20, 2001 RECEIVED 3E~ 2 8 2{1D~ 1i"1'fv u: , Qß" Y'·31':t~r.!!Q~r S !!/Ct Mr. Donald B. Cooper Port St. Lucie City MW1Gger 121 SW Port St, Lucie Boulevard Port St. Lucie, Florida 34984-5099 RE: Drainage/Utility Reimbursement - Letter Agreement In response to Mr. Wozny's August 23, 2001 letter with enclosures to you and your Sept mber 4, 2001 response (copies of bóth letters attached). this letter will serve as cm agrJme.nt between the parties as to the issues outlined In the August 23 and September 4 letters. ±' Within thirty (30) days from the dQte this letter is signed by both parties, St. Lucie Coun ('County") will pay to the City of Port St. Lucie rCityU) the amount of six1y-two tho and seven hundred twenty-five and 0/100 ($62.725.00) dollars by County warr(mt. The above amount was calCulated CIS follows: Amount Due City from County for South Lennard Road Drainage $221,378.29 Amount Due County from City for South 25t~ Street Utility Relocation $158.653.29 Net Amount due City $ 62.725.00 JOHN D. Gr.UHN. DIlr;1<t No. 1 . DOUG CO\VAP,D. Dbrncr No.2' PAULA. A. LEViS. Di!lrkr !oIo, ~ . FPANNIE HUT1:HINSOH. Dbrrlcr No, 01 . CLIFF GARNES. Dl5ro:l' tJo. 5 Counry Admln.lSrrolOr - D::HJgtOi!i M. And;.rso!\ 2,100 Virginia Avenue · Fort Pierce, FL 34982·5652 . Phone (561) 462.1450 . roD (561) 462-1428 FAX (561) 462-1648 . email: douga@>rlucieco.gov . " 10/01101 14: JS 1r:l61 871 :1248 -, '-' . - .. Mr. Donald B. Cooþer September 20, 2001 Page 2 PSL ADMIN ""'" ~004/004 ... The parties Qgree that payment by the County to the City as outlined above completes the obligations of both pcrties pertC1ining to the So~th Lennard Road Drainage Project an9 the South 2~h Street Utility Relocation Project. DMA/caf Copy to: Board of County Commissioners County Attorney Public Works Director County Engineer Management & Budget Director Finance Director The City of Port St. Lucie agrees with the terms outlined in this letter. CITY Of ORT ,T. LUCIE....._ BY: Date; C1~~::~~~~,m: "'" ...., ConSUlting Engineers . Land Surveyors 2980 Sou1h 251h Streel . Fl. P "r~". Fl.34981 (561) 454-3537 . Fax (561) 464-~497 w..,w.ct-en!l.~om August 8,2001 CU~"EPPEA & : T , ,~... ,-. /,\, _~LI R.... ledlt! . >--JPT .P77 - 'UIL~ rr~~ ,... -S~M ~AA : EWZ DR~ OlP I.>TO , CAK MrÐ STT .. :.1 r'~_ _ rI._'A . VIA: Fax to (561) 562-9689 Mr. Ray Wazny, P.E. Director of PubJic Works 2300 Virginia A venue Fort Pierce, FL 34982 RE: South Lcnnard Road Drainage Improvement Cost!! Dear Ray: As a follow up to our project meeting with yourself and Dan Anderson, P.E er & McKee, Inc., regarding the assessment melhodology for the South Lennard Road SpeciaL Assessmcnt District. 1 have compiled the information that your office requested. The que$tions asked were regarding the distribution of the general benefit cost identified in the U$sessment mcthodology. First, the total cost of general benefit for the backbone drainagc facilities was eSLimated based on thc contract value with Dickerson Florida, Inc. at $440,816.99. Sccondly, the cost breakdown of the general benefit based on the analysis of the drainage basin based on the area of Directly COlU1ected Impervious An:u (DCIA) is as follows: .." .....'.. .J)~~t.fÐtÍÐn,· ...... ."" . .::",-8har.e,. ,*.w .. St. Lucie County $221,378.29 City of Port St. Lucie -·$177,47~·92 St. LlIci~' Ü;untv School )30~.~_. $41,965.78 .. .. Total $440,816.99 We hope this infonnalion is useful and should you have any further questions or comments regarding this. please feel free to comaCL Our office. Sincerely, CULPEPPER & TERPENING, INC. :~n~~ © L;= J ~r¡ ~. ,> ;,~""'_._ ._""_'<:' .4~ ..c'."" ,__ ...........,.~.<:~........_. '-c.' ,~ ',- - -~ --I <",." I i, t,!11"' Co " .' '. . P....:~'1 i~.. U ~...i:... \ ¡ , 1.....-,,,,,,,,,"",,,,, '._'~....-ø'''''=~'''''''''''''' 1 51. Lu(;¡u County Pub' 1 ~.,O;..:lL.o;~_~-,,;,.....d JPT Ire Dan ^nderson, P.E. ec: Kimberly Graham, PI: ¡llIruJ·I,jI IO;11H1.]~ lc"'......1 n....... ~..h_...,It~I'I.'1\ Not. .;).ìOo '-' 'WI SOUTH 25TI1 STREET - ST. JAMES DRIVE WIDENING UTILITY ADJUSTMENTS The attached cost breakdown details the change orders associated with the construction contract for South 25th Street widening. The change order items listed under "Port St. Lucie Utility" all relate to the relocation of existing utility lines that are owned and maintained by the City of Port St. Lucie. The lines are located in the County road right-of-way by permit. It is the responsibility of the Utility to relocate the lines to allow widening of the roadway. Prior to the start of construction, meetings were held with representatives trom the City of Port St. Lucie Utility. The County was informed that the Utility had no funds budgeted to pay for the relocation of utility lines for the South 25th Street Widening project. It was agreed by all parties that the County would proceed to relocate utilities .as necessary to complete the job, with the Utility reimbursing at the end of construction. All field decisions to relocate lines would be agreed upon by the Utility, the County, and the consulting engineer. This protocol was carefully followed throughout the construction of the project. The Utility Departments' field representative was Dave Koeppel. The attached Change Orders describe the costs associated with individual items related to the utility relocation, including conflict structures, structure modifications, line relocations, etc. There are no design costs included in any of these items, although the County did incur considerable redesign expenses. o o -- T"" ~ 0:> ...... ri a U) w :!E « "") ¡...: ~ ¡...: U) J: l- ll) N cñ b w n:: ~ Q. W n:: Q. w I- « o '-' 0 0 0) T"" T"" '" 0 I() ô (') n:: N 0 0 co (') co 0 (') I() 0) w <Ó 0 N <Ó <Ó r--: 0 LÒ r--: <Ó £:) ..,. 0 0 1.0 0> '" 0 0 ..,. 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P'RO~ECT: (name, address) \...." S. 25th St. CSt. Ja,~es Dr.) ConstrUCl: ROcd\my 8: Drainage Improvem~nts TO (Contractor): Dickerson Florida, Inc. P 0 Drawer 719 Stuart, FL 34495 """" CHANGE ORDER NUMBER: 1 INITIATION DATE: 6/] 6/98 CONSULTANTS PROJECT NO.: n/ a ST. LUCIE COUNTY CONTRACT NO: C97-12-289 CONTRACT DATE: 12/16/98 . You are directed to make the following changes in this Contract: (Additional shéet attached as Exhibit .A- Yes X~ . See Attached \ . \ The original (Contr~ct Sum) (<i~~~llfl"'~~ was . '" ........ .... ......>... $2,890,159.93 Net change by prevIous authonzea~âñge. orêJë,s ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ -0- The (Contract Sum) ~~)prior to this Change Order was ........ $2 890 159 93 The (Contract ~um) ~~~) will be (increased)>i~ or '" '" Ç~~q9~) by this Change ðrãët": . . . . . . . . . . . . . . . . . . . . . . . . . . '.' . . . . . . . . .. . . . . . . . . . . . . . . ... $ 119 446 20 Tl1ê1fi=M (Cont~act S~m) {G1~~W\W . ) including this Change Order will be $ ,. The Contract Time will bé'1mb N~~~ .. ) by 3 .~9 '~yp The Date of Substantial Completion as o· e a eo t IS nánge Order therefore is: ..J Funds Available: Account Number Inlnnl-41'A-~?~ono-htnQ The adjustment in Contract Price and/or Contract Time stated in this Change Order s.hall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By exeçuting this Change Order, the Contractor acknowledges and· agrees that the stipulated· price and/or time adjustments include the costs and delays for all ""ork contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impactscor ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full'and riiu1ual"accord and satisfaction for the adjustment in contract price ortíme as a result of increases or decre~s·es in costs and time. of performance caused directly and indirectly from the Change. Order, subject to the current scop~ oftheentire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the Cou.nty and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All \^'ork perforl1)éd under this Change Order shall be performed in accordance with the contract specifications. Recommended: ~t T I:C~ ~ "'o"nt" ÃrèhitectïËngineer ' David Hays ?~M Virgin,,, A'O'.. ¡;'~. Pi..r,.."., FT. Address :/~ //""::' ,~ ¡,~." /..~ /.. -' //.... 7 . .-.... ~..¡ J By David Ha,"f;Y Agreed To: - 1¿QR? .<. />.-- /.-:.C' , / Date . ;;'f ç.ksf'8Q:i~1 :~:r~~ .j r; .. : TIC ~ Contractor ? n Pn:· 7!(} ~ ~t-iìn~t'. ~~ 'j,lL4Q'5 Address ." ~~)0;;.~: S'yt ..... / . WHITE - VENDOR / rl~.. ._.~: <.___ ,/ ,,;-.. ~ -C':"~ .~ /' . / Óare GOLDENROD - FINANCE Approved: St. T ~~1 'it f'Qtmty. PuH t,. 1.1ç.rk2 I)~p~ . . . SI. Lucie County Department 2100 Viriin1a Ave..Ft. Pf@r~e. FL 34982 Address 0.'f1" .', 1 ;), t (~) ",-::1 ~ ,.....-eYDonald F ~lest J P. E~ Date· Authorized: Acti ng Public W~rks Director St. ,L~cie Co~ntY:2~OpVir9iniaAye"Ft. Pierce, FL34982 ~~f (\ /", /J í/ ,. t.-í" '-.l I {:1/:&" II 4. .. . ~,,~ y; '-' ~. ,~ .J.......~ _ . 13y t.) Date Approved as to Form and Correctness County··Attorney GREEN - PLJHCtiASING PINK - DEPARTMENT '-" ..., EXHIBIT A South 25th Street- St. James Drive Change Order No.1 Item Description Adjust pipes and modify structures 0-63, D-86, D-89 Down time to locate underground,utilities d'!ring two redesigns, Sta. 230+00-252+00 Adjust inlets size and modify as conflict, Sta. 260+00 north Adjust size of inlets D-61, 0-115 and modify as conflict structure In-line conflict, 12" FM and 30" RCP Utility conflicts and adjustments from sta. 123+00 south Lower 12" force main, sta. 141+40 -147+50 Lower 16" line 1.5' and adjust str. 0-82 Miscellaneous adjustments to the utility lines and appurtenances Conflict structures per bid Total Est. Cost $2,359.80 $2,870.40 $6,473.00 $5,060.00 . $5,347.78 $8,486.22 $4,770.20 $2,210.30 $69,218.50 $12,650.00 $119,446.20 CHANGE ORDER ST...~1UCI-E COUNTY PROJECT: (name, address) ~. S. 25th St. St. JA~e5 Dr, Construct Roadway & Drainage Improvef:iSilts TO (Contractor): Dickerson Florida, Inc. P o Drawer 719 Stuart, FL 34495 ....", CHANGE ORDER NUMBER: INITIATION DATE: 9/1/98 CONSULTANTS PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: . C97-12-289 CONTRACT DATE: 12/16/91 You are directed to make the following changes In this Contract: (Addition a" shéet attached as Exhibit.A - Yes ~ See Attached Exhibit A "! 3 ~ ~-7" ENGINEERING n/e ..0 tn co Î.... :-t 0 cJ -. -I f~-·;; I -J '. .- .. -. ~ , -.. :~=, -- ",-"-. 9? -i W - - 0:> The original (Contr~ct Sum) (~~'ì~iilImFRK&was .. H H... HO.... ......,... $ 2.890,159.93 Net change .bY prevIous authó,ížëO CfiäögêôÎ'òërs ................. ..................... $ 135 246 20 the (COntract Sum) (ß..~9.I.@{.!t~MØD&~) prior to this Change Order was ........ $ 3 025'406 '13 . The (Contract Sum) (<in~~~ will be (increased) ~I ,.. -e~ffø.~~t bY. this Change r er ...................... .......... ~....................;.... $ 57 702 09 'foe r:iev/tContract Sum) (~mw~~' . . Y including this Change Order will.be . $ 3 083 '108' 22 The Contract" Time will be (increaf¡ed) (~. . .~~ . ( . f Da0> The Date of Substantial Completion as öffhê a eo HIs nangë'Ùrder therefore is: 5 1/4/99 Funds Available: Account Number 201001-l.1H-S310g5-H{)9 The adjustment in Contract Price and/or Contract Time $tated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or .changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and' agrees that the stipulated· price. and/o(time adjustments include the costs and delays for all work contained in the Change Order, including còstsand de'lays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes fulI'and rriutuafaêcord'and satisfäction for the adjustment in contract price or tíme as a result of ihc~eases or decreas·es in costs and time of performance caused directly and indirectly from the Change Order, sUbject to the current scoPe of. theentire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the Co u.n tý and Contractor that the Change Order represents a"'n equitable adjustment to the Contract, and that Contractor will waive a.ll rights to file a claim on this Change Order after it is properly executed. All work penorméd under this Change Order shall be penormed in accordance with the contract specifications. Recommended: Approved: . ~t. lusie'CeØått; Public lle:rk:3 St.L,uciec:;ountr,~Departrnerlt . . ,~ Virgin;... A"", J 1i'nrt' Pi"'r,.... m ':\1,9B? Address ._~- ;. I' _ . . \(. ~)~ DI.t /:",<::~ ~ d._\/V~ /13YDo~aíd W Act. Public . /[)ate· ~ " Authorized: Works Dfrector St. L~,cie County: 2300 Virginia Ave., Ft;~;~,:J;k\~4982 ¡ ., . #""., .~\, B/~':"~'>C ,>c. .~.'" >'Jf'~_::;J~'~:.:. :~a't~:f:'- ~ Approved as to Form and Corre¢~ness:~'<3.¡~Flj. " ~'" ~.. }.' _:,.r~.J-!1· 1.._ .', 0',' ....... _ . Cou nty Attornéx';: >;:~.~:';:c.-.~Þ'··<:.f ~. ,{.-, :-...," ..". GREEN - PURCHASING f'c!~~~~ T ¿, ~,. r ",.i.. (''''....''1. I1qgi n~e-ri ng ni ":lli'ion Architect/Engineer 2300 Vinzinia Ave.. Fort Pierce. Ft, 14QR2 Address'" /. ') /' '.'/'.' .'.' " /) - ..- 'é>--" '," ", ./, By 'David Hays: Pr~ct Manager Agreed To: ~~~~ Dickerson FloridR~ Inca Contractor ? 0 Drawer 719. Stuart. FL 34495 Address. By '·¡i_ J,.... :~~~A WHITE - VENDOR GOLDENROD - FINANCE '-' ...." EXHIBIT A Chanae Order #3 Bid Item No. Location Descöpiion Cost 0 O41A,0-107 install conflict structures $2,021.11 0 257+12 water service crossing, Canoe Creek lane $8,205.00 0 261+55 water service crossing, River Hammock lane $1,880.00 0 266+09 water service crossing, River Branch Drive ($115.00) 0 0-44, 046 Replace P-6, P-2 with 5'x5' cinflict structure $5,710.98 0 misc. Adiust utilitv system valves $40,000.00 TOTAL $57.702.09 '-' ...., CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) S. 25TH St. - St. James Dr. Construct Roadway & Drainage Improvements CHANGE ORDER NUMBER: 8 INITIATION DATE: 7/24/00 TO (Contractor): CONSULTANrs PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: C97-12-289 Dickerson Florida, Inc. PO Drawer 719 Stuart, FL 34405 CONTRACT DATE: 12/16/97 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) SEE ATTACHED The original (Contract Sum) was ............................................................ $2,890,159.93 Net change by previous authorized Change orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $508,679.08 The (Contract Sum) prior to this Change Order was .........:................................... $3,398,839.01 The (Contract Sum) will be (increased) by this Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . $52,705.35 The new (Contract Sum) including this Change Order will be ...................................... $3,451,544.36 The Contract Time will be (unchanged) by .. . .. . .. .. .. . . . ... . . .. . . . .. .. . . . . . . .. .. .. . . .. . . . .. .. . . . ( 0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: Funds Available: Account Number 101003-4113-599330-4109 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. . By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments inelude the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruptiòn of schedules; extended overheads, delay, and cumulative impacts or ripple effect on all other non- affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. PO Drawer-719. Stuart, FL 34405 ~~Y:CJ. Þ- fi~""- - Approved s ~.~...,... :,;.....i,..:.': . ,":"'t ..- ...".. "..~ (~r}·» ":.":/'~~ f/o.... .w . ....... ii;:~·t /,:".;..-..'". -;.' l·?ir.-.~ _ .... ;if ·.·0., " . . ··J';i-:T~, c:" "t¡ , ~.!> \I' ~ .- - ': . ~[, , "i '-;.., U i.J ! . t4;:~~~~//~:'i<:;;:~~~~./ . ~L .,. c"¡;_.'(' ..~. ~'..\:.~::...;~~~~?.:1'?' Dickerson Florida. Inc. Contractor "R¿J/ DO ate / '-" EXHIBIT A Change Order # 8 Final Unit Adjustments """" Installed Quantity Adjusted Item # Description Total Contract Add Delete Cost 101-1 Additional Mobilization for CO Items 4,263.92 4,263.92 104 Stonnwater Pui1y>for Turbidity Control ª,500.00 8,500.00 331-2 Type S Asphalt 441.00 458.00 17.00 (578.51) 331-72-8 3/4" Type S As..Bttalt 47,441.31 37,142.00 1Q.269.31 12,631.25 331-72-10 1" Type S Asphalt 82,616.03 75,500.0Q 7,116.03 10,674.05 331-72-12 1-114" Type S As..mtalt 109,890.73 100,704.00 9,186.73 16:995.45 40().;1-11 Class 1 Retaining Wall 65.QO 65_00 _(35,550.45) 400"1-2 End Wall . 2.00 5_00 3_00 (1,113.00) 425-1~321 P-2 Inlet 3.00 2.00 1.00 2,724.00 425-1 -351 P-S Inlet 8.00 7.00 1.00 1,910.00 425-1-361 . P-6 Inlet 9.00 11.00 2.00 . (4.440.0~ 425-2-41 P-7T Manhore 9.00 10.00 1.00 11,405.00) 425-2-71 J-7T Manhole 11.00 7.00 4.00 7,600.00 425-1-521 C Inlet 14~00 10.00 4.00 3,200.00 425-1 -551 . E Inlet 28.00 33.00 .5.00 (5,690.00) 425-11 Conflict Structure 8.00 22.00 14.00 . .18,050.00) 43().;11-323 15" RCP 728.00 672/32 24.00 366.48 43()'; 11-325 18' RCP 1,648.00 1,591.00 57.00 1,141.71 430~11-329 24" RCP 2,436.00 2367\172 241.00 5,844.25 43().;11-333 30" RCP 3,146,00 3,369.00 . . 223.00 ..@,712.30) 43()';11-338 36" RCP 3,703.00 . 2935/344 424.00 15,887.28 43()'; 11-340 42' RCP 24.00 25.00 1.00 J47.70) 43()';11-341 . 48' RCP 32.00 88.00 56.00 (3,284.40) 430-141-1 02 14' x 23" RCP 390.00 424.00 34.00 1756.50) 430-141-109 38' x 60" RCP 8.00 (578.40) 430-985-223 15', MES 143.00 430-984-238 36' MES 3.00 2.00 1.00 300.00 430-984-240 42' MES . 1.00 1.00 J615.00) 430-984-402 14' x 23" MES 7.00 8+1 . 2.00. (342.00) 550-2 Fence 3,769.00 3,769.00 J23,254.73) 575-1-1 Sod . 30,000.00 30,000.00 29,400.00 711-4 Directional Arrows 66.00 53.00 13.00 405.60 700-1-411 Street Names R~/aced 2.00 . 2.00 153.92 Miscellaneous Structure 0-95 - Adjust . 1,042.05 1,042.05 Miscetlaneous Additional Work - Rqyce Avenue 565.80 565.80 Miscellaneous Additionar Work - lU~lane 4,140.00 4,140.00 Miscellaneous Removal of Existing Utilities 543,702.00 5,437.20 'v1iscel/aneous Conflict Structures 21,505_00 21,505.00 711-3 Pavement Mess1!Qe Therm~astic 5.00 2.00 3.00 280.80 711-6-061.1 6" Yellow Thermoplastic 17.08 6A8 10.60 23,260.64 711-6-121 12" White Solid ThermC!f>lastic 2,257.00 2,016.00 241.00 274.74 '11-6-241 24" White Solid Thermoplastic 378.00 372.00 6.00 14.34 '11-8-061 6" White Solid Thermoplastic 7.41 6.79 0.62 960.75 '11-8-181 18" Yellow Solid Thermo lastic 737.00 470.00 267.00 555.36 &1£3.þJQif.ð.&Œ1WmmmnWi.%........ ,,1f!fi@):::~g,.alª~Jpm¡; '-' ..., Item # Description Installed Total Contract Quantity Add Delete 'CO#4 CO 4-4 Modi Canal CO 4-8 Structure 0-85 430-985-225 18ff MES 430-985-229 24" MES t~lïªiÆØj{å\f~~~II¡tl~~mt.~J.;f: 54,707.40 1,042.05 2.00 2.00 60,000.00 5,292.60 1,042.05 . g:\eng\spreadsheet\projec:ts'\hays\stjfinar2.wb3 '-' Œ©ŒU\YJŒ ..., œ AUG 2 5 2000 rn CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) S. 25m Sl - Sl James Dr. Construct Roadway & Drainage Improvements n·] GIN E E R 1 N G CHANGE ORDER NUMBER: 9 & Final ; INITIATION DATE: 8/16/00 TO (Contractor): CONSULTANT'S PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: C97-12-289 Dickerson Florida, Inc. PO Drawer 719 Stuart, FL 34405 CONTRACT DATE: 12/16/97 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - YES) SEE ATTACHED EXHIBIT A - AGREEMENT FOR REIMBURSEMENT Dickerson Florida, Inc. returned overpayment to SI. Lucie County Deduct Change Order No.7 from contract Deduct: on C0#3 Adjust Utility System Valves From: $40,000.00 to $36,052.50 +$12,000.00 ($12,000.00) ($3,947.50) The original (Contract Sum) was ............................................................ $2,890,159.93 Net change by previous authorized Change orders . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $561,384.43 The (Contract Sum) prior to this Change Order was ............................................. $3,451,544.36 The (Contract Sum) will be unchanged by this Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . ($3,947.50) The new (Contract Sum) including this Change Order will be ....................................... $3,447,596.86 The Contract Time will be (unchanged) by . . . . . . . .. . . . .. . . . . .. . . . .. . . . . . .. . . . . .. . .. .. . . . . . . . . . . . . ( 0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: Funds Available: Account Number N/A The adjustment in Contract Price and/or Contract. Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non- affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of perfonnance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all . rights to file a claim on this Change Order after it is properly. executed. All work perfunned under thIs Change Order shall be performed in accordance with the contract specifications. Dickerson Florida. Inc. Contractor Pierce, FL 34982 By Date PO Drawer 719;tuart. FL 34405 ~m ___ ft/:l1ÓÙ B "Da :. . Approved as to Fonn and Correctness .' " County Attorney ,. , i \wi ...., AGENDA REQUEST ITEM NO. ~ DATE: October 23,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Public Works S. Ann Smith SUBJECT: Fort Pierce Utilities Authority Revocable License Agreement. BACKGROUND: Fort Pierce Utilities Authority and their contractor need to replace several thousands of feet of water main pipes in DOT right-of way on A 1 A on South Hutchinson Island from Blue Heron Boulevard south to the FPL St. Lucie Nuclear Power Plant. FPUA is also needing to utilize county lands for storage/staging of equipment and materials. The attached agreement authorizes FPUA use of three specific "open" areas (two within John Brooks State Park, and one within Blind Creek Park) for such activities. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the Fort Pierce Utilities Authority Revocable License Agreement, authorize the Chairperson to execute the Agreement, and direct staff to record the document in the Public Records of St. Lucie County. COMMISSION ACTION: I Anderson ty Administrator k] APPROVED [ ] DENIED [ ] OTHER: As amended. Add sentence - FPUA shall restore site to pre-existing condition or better. -Æ,,"" A"'_ .~ .v6riginating Dept~ / 80 I' / Finance: (Check for Copy only. if appiicable) ~ Review and Approvals Management & Budget Purchasing: Other. Other: Eft. 5/96 '-' wi INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: S. Ann Smith, Ecosystems Manager, Public Works Department DATE: October 16, 2001 SUBJECT: Fort Pierce Utilities Authority Revocable License Agreement BACKGROUND Fort Pierce Utilities Authority and their contractor need to replace several thousands of feet of water main pipes in DOT right-otway on A 1A on South Hutchinson Island from Blue Heron Boulevard south to the FPL St. Lucie Nuclear Power Plant. FPUA is also needing to utilize county lands tor storage/staging of equipment and materials. The attached agreement authorizes FPUA use of three specific "open" areas (two within John Brooks State Park, and one within Blind Creek Park) tor such activities. RECOMMENDA TION/CONCLUSION Staff recommends that the Board approve the Fort Pierce Utilities Authority Revocable License Agreement, authorize the Chairperson to execute the Agreement, and direct staff to record the document in the Public Records of St. Lucie County. Respectfully submitted, -- --- ,..~~ S. Ann mith Ecosystems Manager Attachment: Fort Pierce Utilities Authority Revocable License Agreement .~ ..." This instrument prepared by: Anna Smith under the direction of Daniel S. Mcintyre, County Attorney 2300 Virginia Avenue Ft. Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this _ day of ,2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and FORT PIERCE UTILITIES AUTHORITY of 206 South 6th Street, Fort Pierce, FI 34950, ("FPUA"). WHEREAS, FPUA has requested that they be allowed to utilize County lands outside of DOT right-of-way on A 1A from Blue Heron Boulevard south to the FPL St. Lucie Nuclear Power Plant as indicated on the attached map hereto and incorporated herein as Exhibit "A" for the storage of equipment and materials; and WHICH, the County has agreed to authorize the utilization of the County lands at the following areas: grassed area west of A1A in John Brooks State Park, grassed area east of A 1 A at John Brooks State Park main entrance; and shelled area west of A 1A just south of Little Mud Creek in Blind Creek Park, as indicated on the attached map and incorporated herein as Exhibit "A" for the storage of equipment and materials subject to the terms and conditions set forth in this revocable license agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: Page 1 of 5 '-" '-' 1. The County agrees to grant FPUA a limited revocable license for the purpose of utilizing County lands at the following areas: grassed area west of A 1A in John Brooks State Park, grassed area east of A1A at John Brooks State Park main entrance; and shelled area west of A 1A just south of Little Mud Creek in Blind Creek Park, as indicated on the attached map and incorporated herein as Exhibit "A" for the storage of equipment and materials. This license shall extend only to the above-referenced area and shall not (' II . . . I1p ftl~ rft extend to the construction and/or installation of any accessory structures. p J¡f 7'ì) SJ-é- 2. This license shall be binding on future successors and assignees 0 FPUA fì \ <\ and provided tI1at FP UA give adequate notice to the County pursuant to Paragraph six (6) fJ ~' of this Agreement. V~ 3. The County shall have the right, at the sole discretion of the County's r:: ..~ :- œ Ecosystems Manager, to terminate this Agreement with or without cause and require removal of the encroachment at the FPUA's sole expense upon fifteen (15) days written notice to FPUA. The County's Ecosystems Manager may, in lieu of termination, request that FPUA perform certain alterations of each storage/staging area, if restoration is needed, at FPUA's sole expense. However, if such alteration is not performed to the satisfaction of the County's Ecosystems Manager, the County shall be entitled to exercise its right to terminate this Agreement. 4. FPUA agree to allow County employees access to the location of the equipment and material storage/staging areas for County purposes as determined by the County's Ecosystems Manager). 5. All notices, request and other communications dealing directly or indirectly Page 2 of 5 '-' 'wi with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As to County: With Copies to: Ecosystems Manager Environmental Resources Division 2300 Virginia Avenue, Fort Pierce, FL 34982 County Attorney Administration Building Annex 2300 Virginia Avenue, 3rd Floor Ft. Pierce, FL 34982 As to FPUA: St. Lucie County Administrator Administration Building Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 Fort Pierce Utilities Authority Board 206 South 6th Street Fort Pierce, FL 24950 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. 7. FPUA shall indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by FPUA or their agents, servants, employees, patrons, or invitees, or Page 3 of 5 '-' 'wi resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during FPUA's use of the property. 8. FPUA shall promptly record this license in the official records of St. Lucie County, Florida. FPUA shall pay any document excise taxes and the cost of recording this license. 9. This License Agreement shall terminate automatically on the early completion of the project or on March 1, 2003. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK BY: CHAIRMAN WITNESSES: APPROVED AS TO FORM AND CORRECTNESS: COUNTY A TIORNEY BY: CHAIRMAN FORT PIERCE UTILITIES AUTHORITY Page 4 of 5 '-' 'WI STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing' instrument was acknowledged before me this _ day of _,2001, by and produced (type of identification) and who did take an oath. WITNESS my hand and official seal, this _ day of , A.D., 2001. Signature of Notary Public SEAL Name of Notary Public Typed, Printed or Stamped My commission expires: C:\Documents and Settings\Anna Smilh\My Documents\Blueway Projacts\Blind Creek\Projects\FPUAlicenseagree.frm Page 5 of 5 '-' Bear Point '-' ., Exhibit A N + L.'~'\'\::' ..... '-' AGENDA REQUEST ..." ITEM NO. C-4C'-. DATE: October 23, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Director, Parks & Recreation SUBMITTED BY(DEPT): Parks & Recreation SUBJECT: Request for ratification of the "St. Lucie County/Community Parks System Master Plan" Steering Committee. BACKGROUND: On September 18,2001, the Board of County Commissioners approved the contracts with Glatting and Jackson to provide a "St. Lucie County/Community Parks System Master Plan" and a "Recreational Complex Master Plan", As part of the plan, a "Steering Committee"was to be formed to assist in working through the process. Attached is a list of those individuals who have accepted the invitation to participate as members of the "Steering Committee" . FUNDS AVAILABLE IN: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners ratify the "Steering Committee" list. [x] APPROVED [] DENIED [ ] OTHER: Anderson nty Administrator COMMISSION ACTION: " , , , '-.J County AttorneY~ i . Originating Dept: . . ( . Coordination/Siqnatures Mgt. & Budget: Purchasing Mgr.: other: other: Finance: (Check for Copy only, if Applicable) Err. 1/91 H:\WP\steering committee approval agenda.wpd Paul Williams Chuck Proulx Jay Stewart Gayle Delman Harold Phillips Doug Skidmore Larry Jennings Glenn Rains John Picchiarini Robert Taylor '-" ....,¡ October 23, 2001 BOCC Meeting AGENDA ITEM NO. C-4 "Steering Committee Listing" City of Ft. Pierce City of Pt. St. Lucie SLC School Board Recreation Advisory Bd. Recreation Advisory Bd. Recreation Advisory Bd. Recreation Advisory Bd. Recreation Advisory Bd. Recreation Advisory Bd. Recreation Advisory Bd. """ AGENDA REQUEST ITEM NO. C-4b ..., - DATE: October 23,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Parks & Recreation Director SUBMITTED BY(DEPT): Parks & Recreation SUBJECT: Acceptance of Dunkleberger's corporate donation and approval of Budget Resolution 01·251. BACKGROUND: As part of the ongoing effort to obtain funding for the South County Regional Stadium corporate donations have been solicited. FUNDS AVAIL.: Funds will be available through account # 001·7516·366930·700. PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners accept Dunkleberger's $500 corporate donation and approve Budget Resolution # 01-251. þc] APPROVED [] DENIED [ ] OTHER: u nderson County Administrator COMMISSION ACTION: Coordination/Siqnatures, 6/Y J11 {, ~ I"I!;""'" Mgt. & Budget ' / ,rbi' / Other: Purchasing Mgr.: County Attorney: Originating Dept: ¡:f/-? Finance: (Check for Copy only, if Applicable) Other: Eft. 1/97 H = \Agendas\Agenda Dunk.leberger donation l02301.wpd - ~ """ ....." BOARD OF COUNTY COMMISSIONERS PARKS & RECREATION October 23, 2001 Craig E. Dunkelberger, P.E. Dunkelberger Engineering & Testing, Inc. 523A N.W. Enterprise Drive Port St. Lucie, Florida 34986 Dear Mr. Dunkelberger: On behalf of the St. Lucie County Board of County Commissioners and the Parks & Recreation Department, I would like to extend our warmest appreciation for the generous donation in support of the South County Regional Sports Stadium. Dunkelberger Engineering & Testing, Inc.'s involvement exemplifies the commitment needed for the completion of the stadium and your company's dedication to the citizens of St. Lucie County. Frannie Hutchinson, Chairman Board of County Commissioners JOHN D. ßRUHN. DisrrlCr No.1' DOUG COWARD. Disrrior No.2. PAULA A. LEWIS. D,strier No. J . FRANNIE HUTCHINSON. Dimicr No.4' CLIFF ßARNES. Disrricr No 5 Counry Adminisrroror - Douglas M. Anderson 2JOOVirginiaAvenue · Phone (561)462-1515 · TDD (561) 462-1428 - ,. '- ..., RESOLUTION NO. 01 - 251 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 Dunkelberger Engineering and Testing, Inc. in the form of a $500 donation to South County Regional Stadium. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 23rd day of October, 2001, 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 001-7516-366930-700 Contributions from Private Sources $500 APPROPRIATIONS 001-7516-548000-700 Promotional Activities $500 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Paula A. Lewis Commissioner John D. Bruhn Commissioner Cliff Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 23rd DAY OF OCTOBER, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY \..-- '-' 'WII C / t+f; PARKS & RECREATION BOARD OF COUNTY COMMISSIONERS MEMORANDUM October 23,2001 BOCC Meeting To: From: Date: Subject: Board of County C~!Jsioners Pete Keogh, Directòl' Tl October 23, 2001 Community Parks System Master Plan Update The following is a chronological listing of the Community Parks System Master PlanfLawnwood Recreation Complex Master Plan progress to date: August 8,2001- Proposed "Community Parks System Master Plan" presentation by staff to the SLC Property & Homeowners Association August 14,2001- Proposed "Community Parks System Master Plan" presentation by staff to the Cultural Affairs Council September 18, 2001 - Contracts with Glatting Jackson approved September 18, 2001- Steering Committee invitations mailed October 9,2001- Executed copies of Glatting Jackson contracts received from County Attorneys office October 9,2001- Work Authorization forwarded to Glatting Jackson October 12, 2001- Request to Community Development/GIS to prepare a Base Map as outlined in Part I Existing Conditions Analysis 2.4 (Please see attachment) October 23,2001- "Steering Committee" ratification request (Agenda # C-4) 1 JOHN D. DRUHN. Disoricr No.1' DOUG COWARD. D,srncr No 2 . PAULA A. LEWIS. DlSrricr No.3' FRANNIE HUTCHINSON. D,srncr No.4' CLIFF DARNES. D,srncr No.5 Counry Adminisrroror - Douglas M_ Anderson 2JOO Virginia Avenue · Phone (561) 462-1515 · TDD (561) 462-1428 .. "" ."., October 24, 2001- Kick off Meeting scheduled with Glatting Jackson & staff (Staff has completed or is in the process of completing Part I Existing Conditions Analysis 2.3 -Review of Existing Documents/Client Responsibilities) (Please see attached status update) *** Please note that according to the project time line, we are on schedule. *** cc: Doug Anderson, County Administrator Robert Bradshaw, Assistant County Administrator Dan McIntyre, County Attorney Millie Delgado, Recording Secretary Chron File 2 ; [I 2.0 ""' .""", "CLIENT RESPONSIBILITIES STATUS ATTACHMENT" SCOPE OF SERVICES PART 1- EXISTDiG CO:\"DITIO:\"S A:\"AL YSIS 2.l 2.2 2.3 2.4 Project ì\Ianagement - In addItIon to the specific services detaIled below, Glatting Jackson shall pronde servIces for management of the project includmg coordination wIth the Client's representative. monitoring the project schedule as it relates to this scope, and timely invoicmg and reporting of project progress. Coordination of the Work of Subconsultants to Glatting Jackson - The Client hereby acknowledges and agrees that Glattmg Jackson will assume responsibility for the coordmatlon of work produced by any subconsultants to Glatting Jackson as Project :,!anager for the project. Howev·eL the Chent agrees that Gbtting Jackson does not bear any liabihty for the technical accuracy of work prepared by others. All professional fiIl11s working on the project shall bear separate responsibihty and liabihty for the VV'Ofk prepared by them. Review Existing Documents - The Client w111 prov'ide Glatting Jackson with all aV'ailable maps and data regarding existing parks. recreatlOn, open spaces, neighborhoods, actinry areas. schools and public buildings. These may include, but are not limited to the following. AddItional work needed due to inaw.:rate or mcomplete data shall be an AddItlOnal Semce. STATUS I. 51. Lucie County Comprehensive Plan Ready 2. Current Im'emory of County Parks and Recreation FacilitIes 3. Capital Improvements Program (CIP) Ready 4. Population·Demographics Data, both current and projected Ready 5. Recreation Program Brochures, Catalogs and Flyers Ready 6. Current Funding Sources (General Fund, Grants, Sales Tax, etc.) and estimated revenues OKB in process of pre.paring information 7. Current Partnerships Ready 8. Department Staffing/Organizational Charts Ready 9. List of Current Sports Leagues (both youth and adult), Program Levels and Schedules Ready . 10. Land Development Regulations Ready 11. Other Relevant Studies, Data and Information &eadrVáNeeds Assessment ~nc U ea Will provide as requested or identified Base Map - Within thirty (30) days from Notice to Proceed, the Client shall prepare a base map for the project, in an AUTOCAD file format, that shows the following: Request to Community Dev./GIS to begin preparation 10/12/01 1. Future Land Use 2. ExistinglProposed Roadways 3. ExistingIProposed Public (City, County, State) Parks and Recreation Facilities Glaning Jackson Kercher Anglm Lopez Rinehart, Jne Page 2 of 8 > """ 'will [C 4. Existing/Proposed Trails, Sidewalks, and Bikeways 5. Existing/Proposed School Sites 6. Existing/Proposed YMCAlBoys & Girl~ Club Sites 7. ExistingfProposed Public Parks and Recreation Facilities in Adjacent Communities, including Martin and Indian River Counties 8. Existing Private/not-for-Profit Recreation/Cultural Facilities 9. Vacant/Derelict Lands 10. Major Powerline! Utility Easements 11. Natural! Man-made features such as lakes and canals 12. Natural Open Space! Conservation Areas 2.5 DataIBase Map Review - Glatting Jackson will revie\v the data and base map and inform the Client of any additional data or revisions needed to complete the study. Glatting Jackson will proceed with the study once the Client has pro\ided all necessary data and completed the Base Map. 2.6 Site Visits - Glatting Jackson will spend one (1) day nsning the Client's existing parks and other recreational facilities to observe existing condItions, and will prepare a memorandum summarizing observatIOns and conclusIOns. 2.7 Steering Committee - The Client will invite Commumty leaders and stakeholders to participate in the project as a Steering Committee for the project. 2.8 Kickoff Meeting - Glatting Jackson will meet with the Client to kickoff the project. Agenda items may include review of project timeline and expectations, base information and observations. Part 1- Deliverables: . Alemorandum summarizing observations from site visit . Kick-off meeting minutes PART II - CO:\-IMUNITY PARKS NEEDS AND PRIORITIES ASSESSMENT 2.9 Community Parks Needs and Priorities Assessment - Glatting Jackson will use the following techniques to determine community active and passive recreation needs and priorities: · Service Area Analysis · Comparison to State and National Standards · Staff Workshop · Parks and Recreahon Advisory Board/Steering Committee Workshop · Recreation Provider Interviews (by County Staff - questionnaire to be provided by Glatting Jackson) Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 3 of9 '-" ..., Parks and Recreation Department Memorandum To: Dennis Murphy, Interim Director Community Development From: Linda Brown, Admini~ranage~ Peter Keogh, Directo~ (í C Through: Subject: Base Map Preparation Date: October 12, 2001 On September 18, the BOCC approved contracting with Glatting Jackson for development of a Community Parks System Master Plan. The contract stipulates certain "client" responsibilities. Among those responsibilities is preparation of a base map. We are requesting from your GIS Division that they begin preparation of a base map as per the attached outlined in Part 1- Existing Conditions Analysis 2.4. Thank you in advance for your assistance. LB:emw Attachment cc: Chron File / ~/ '-' 'wi AGENDA REQUEST ITEM NO. C- ~ Pr DATE: October 23,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT: [X] TO~ BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: Beth Ryder, Director~ SUBJECT: Accept the FY 01/02 Florida Department of Community Affairs Community Services Block Grant in the amount of $118,780. BACKGROUND: St. Lucie County is the lead agency for the Treasure Coast Community Action Agency which is composed of St. Lucie, Martin and Okeechobee Counties. Through an interlocal agreement, St. Lucie County will disburse the allocation for each county from the State of Florida as follows: Martin $30,883; Okeechobee $24,350 and St. Lucie $63,547. Each County is responsible to provide the required 20% match with 18% in-kind and 2% cash. FUNDS AVAIL: St. Lucie County's required match will be provided with the salary of the Community Services Director 001-6420-512000-600 and the 2% cash will be the dollars expended for electric 001-1925- 543000-100 for the Community Services office. PREVIOUS ACTION: On July 24, 2001 the Board approved the submission of the grant application. RECOMMENDATION: Staff recommends the Board of County Commissioners accept the grant and authorize the Chairman to sign any documents necessary for the grant. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: County Attorney: x Originating Dept: x Rnance: Check for Copy onlv. if applicable !... /}J/ Review and ÄDDfovals Management & Budget: x~ Other. Purchasing: Other: . , !,IIL" ".I.orIJ '-" . wi STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor STEVEN M. SEIBERT Secretary r" , . ~ ia ;; . :: j . .......... September 28,2001 m:r If L1II11 Ms. Beth Ryder Community Services Director St. Lucie County Board of County Commissioners 437 North 7th Street Ft. Pierce, Florida 34950 ;¡. .' »;:". '. . . ifSWli:fS RE: Contract 02SB-95-l2-00-01-025 Dear Ms. Ryder: Enclosed is your fully executed contract for the FY 2002 Community Services Block Grant (CSBG) funding cycle. Please continue to use the OMB Poverty Income Guidelines for FY 2001. The FY 2002 guidelines will be forwarded to you upon receipt by the Department. The monthly fmancial and quarterly report forms will also be sent to you separately. If you need assistance, additional information, or if you have questions regarding this agreement or any requirements, please contact your community assistance consultant at (850) 488-7541. Sincerely, T~~~~ Community Assistance Section HSFlhc/slb j tl:~"¡ K~ 2555 SHUMARD OAK BOULEVARD -TALLAHASSEE, FLORIDA 3/399-2100 Phone: (850) 488-8466/Suncorn 278-8466 FAX: (850) 921-0781/Suncorn 291-0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELO OFFICE 2796 Ov_as Highway. Su~e 212 Marathon. FL 33050-=7 (:!OS) 289-2402 COMMUNnY PLANNING 2555 Shunard Oak BouIeYard Tell.hassee. FL 3239$-2100 (650) 4S8-2356 EMERGENCY MANAGEMENT 2555 Stunord O.k Boulevard Tallahassee. FL 32399-2100 (650) 413-9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallah...... FL 32399-2100 (650) 4S8-7956 . , ~ '-' """ I' *Revlsed: May 30, 2001 CSBG FY 2001-2002 Contract Number. 02SB-95-12-o0-o1-o25 CFDA Number: 93.569 COMMUNITY SERVICES BLOCK GRANT PROGRAM SUBGRANTAGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Departmenf'), and Saint Lucie County Board of County Commissioners. (hereinafter referred to as the "Recipienr). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLO\NING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services, and B. WHEREAS, the Department has a need for such services and does hereby accept the offer of the Recipient upon the terms and conditions hereinafter set forth, and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK The Recipient shall fully perform the obligations in accordance with the Budget, Attachment G of this Agreement and Workplan, Attachment H of this Agreement. (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES Both the Recipient and the Department shall be govemed by applicable State and Federal laws, rules and regulations, including but not limited to those identifiet: in Attachmen:~~ _..... . œ 1 rD r1-.!Jj a W Œ/ñ) 1 00. JUL 3 0 200t ~! 4öMMUNITY ASSISTANCE I SECTION I. ~ . ·~·..........' t.II<~"~~~l~"'1;...! .:t.¡:.,.........,..... l ,1 . '-' ....,J ~ .. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties or October 1 2001. whichever is later. and shall end SeDtember 30 2002. unless terminated earlier In accordance wl,th the prOVIsions of paragraph (9) of this Agreement. (4) MODIFICATION OF CONTRACT: REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto. and attached to the original of this Agreement. - All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs,· and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Govemments" (53 Federal Register 8034) or OMB Circùlar No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21 , "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit OrganiZations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2. (b) All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: 2 ,( ,I ~ """" 1. If any litigation. claim or audit is started before the expIratIon of the three-year period and extends beyond the three-year period. the records will be maintained until all litigation. claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5.000 or more at the time of acquisition shall be retained fot three years after final disposition. 3. Records relating to real property acquisition shall be retained for three years after closing of title. (c) All records, including supporting documentation of all program costs. shall be sufficient , . to determine compliance with the requirements and objectives of the Budget, Attachment G of this Agreement and Workplan. Attachment H of this Agreement. and all other applicable laws and regulations. (d) The Recipient. its employees or agents. including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time. on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (e) Any additional terms and conditions pertaining to property management and procurement under this Agreement are set forth in Attachment D. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with quarterly reports, and with a close-out report. (b) Quarterly reports are due to be received by the Department no later than 21 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are and December 31, March 30, June 30, September 30. 3 " ~ '-" (c) The close-out report IS due 45 days after termination of this Agreement or upon completion of the activities contained In this Agreement. (d) If all required reports and copies. prescnbed above. are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after wntten notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget. . Attachment F of this Agreement and Workptan. Attachment J of this Agreement. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment B. (7) MONITORING The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met. the Budget and Workplan is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in the Workptan. Attachment H to this Agreement. (8) LIABILITY (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of wor\( under this agreement. For purposes of this agreement. Recipient agrees that it is not an employee or agent of the Department. but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28. A-ª-- Stat. agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against.the Department. and agrees to be liable for any damages proximately caused by 4 '-' ~ said acts or omiSSions. Nothing herem IS intended to serve as a waiver of sovereign Immumty by any RecipIent to which sovereIgn Immumty applies. Nothing herem shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties In any matter arising out of any contract. (9) DEFAULT: REMEDIES: TERMINATION (a) If the necessary funds are not available to fund this agreement as a result of action by Congress. the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the . Department to make any further payment of funds hereunder shall. if the Department so elects, terminate and the Department may, at its option. exercise any of its remedies set forth herein. but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies. and without becoming liable to make any further payment 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect. or if the Recipient shall fail to keep. observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion. or is unable or unwilling to meet its obligations thereunder. 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department. and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department; 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect. incomplete or insufficient information; 4. If the Recipient has failed to peñorm and complete in timely fashion any of the services required under the Budget. Attachment G of this Agreement and Worl<plan. Attachment H of this Agreement. attached hereto. 5 '-" ...J (b) Upon the happening of an Event of Default. then the Department may. at Its option. upon written notice to the Recipient and upon the Recipient's failure to timely cure. exercise anyone or more of the following remedies. either concurrently or consecutively. and the pursuit of anyone of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement. provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail. first class mail, postage prepaid, by registered or certified mail-return receipt requested. to the' . address set forth in paragraph (10) herein: 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment: 4. Exercise any corrective or remedial actions. to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written waming to advise that more serious measures may be taken if the situation is not corrected. advising the Recipient to suspend. discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible: 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include. but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules. laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document. paper, letter. or other material subject to disclosure under Chapter 119, Fla. Stat.. as amended. (d) Suspension or termination constitutes final agency action under Chapter 120. Aa. Stal. as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. 6 "",. ...",I (e) The ReCipient shall return funds to the Department If found In non-comphance wIth laws. rules. regulations governing the use of the funds or this Agreement. (1) This Agreement may be termInated by the written mutual consent of the parties. (9) Notwithstanding the above. the ReCIpient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may. to the extent authorized by law. withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (10) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing. either by hand delivery. or first class. certified mail. return receipt requested. to the Department representative identified below at the address set forth below and to the Recipient representative identified on Attachment F. Recipient Information. said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Hilda Frazier, Planning Manager 2555 Shumard Oak Boulevard Tallahassee. Florida 32399-2100 Telephone: (850) 488-7541 Fax: (850) 488-2488 Email: hilda.frazier@dca.state.fI.us (c) The name and address of the Recipient's representative responsible for the administration of this Agreement is stated on the Attachment F, Recipient Information. (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10){a) above. 7 '-' ....., (11) OTHER PROVISIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information. representations. and materials submitted or provided by the Recipient in this Agreement. in any subsequent submission or response to Department request. or in any submission or response to fulfill the requirements of this Agreement. and such information. representations. and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall. at the option of the Department and with thirty (30) days written notice to the Recipient. cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida. and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule. or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable. but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Departmênt under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et sea.), if applicable. which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations. transportation. State and local government services, and in telecommunications. 8 '- ..." (f) A person or affiliate who has been placed on the convIcted vendor list following a conviction for a pUblic entIty crIme or on the discnmlnatory 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 a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or discriminatory vendor list. (12) CERTIFICATION REGARDING DEBARMENT. SUSPENSION. AND OTHER RESPONSIBILITY MATTERS 'lAth respect to any Recipient which is not a local government or state agency, and which receives funds under this agreement from the federal government. the Recipient certifies, to the best of its knowledge and belief, that it and its principals: (a) are not presently debarred. suspended. proposed for debarment. declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; (b) have not. within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft. forgery, bribery, falsification or destruction of records. making false statements. or receiving stolen property; (c) are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11 (g)2. of this certification; and (d) have not within a three-year period preceding this agreement had one or more public transactions (federal. state or local) terminated for cause or default. 9 '-' "'-" \Nhere the Recipient IS unable to certify to any of the statements In this certification. such Recipient shall attach an explanation to this agreement. (13) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents. in accordance with generally accepted accounting principles. to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection. review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m.. local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (~) 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. Section (17) Fundino/Consideration. indicates Federal funds awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal funds received from the Department. 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. In connection with the above audit requirements. the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. 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 $300.000 in Federal awards in its fiscal year and elects to ~O '-' ..., have an audit conducted in accordance with the provISions of OMB Circular A-133. as revised. the cost of the audit must be paid from non-Federal funds (I,e., the cost of such an audIt must be paid from Recipient funds obtained from other than Federal entIties). 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financIal assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of audit reports for audits conducted in accordance with OMB Circular A-133. . as revised, and required by subparagraph (d) above shall be submitted. when required by Section .320 (d). OMB Circular A-133, as revised. by or on behalf of the Recipient directlY to each of the following: a. The Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee. Florida 32399-2100 and State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee. Florida 32302-1450 b. The Federal Audit Clearinghouse designated in OMS 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 (f), OMB Circular A-133. as revised. 11 ......, "'" 4. In the event that a copy of the audit report for an audit required by subparagraph Cd) above and conducted in accordance with OMB Circular A-133. as revised. is not required to be submitted to the Department for the reasons pursuant to Section .320(e)(2), OMB Circular A-133. as revised. the Recipient shall submit the required written notification pursuant to Section .320(e)(2) and a copy of the Recipient's audited schedule of expenditures of Federal awards directlv to each of the following (If the State agency. pursuant to Section .320(f). OMB Circular A-133, wants a copy of the reporting package described in Section .320(c) and/or a management letter. the State agency should replace the above language with the following language) Pursuant to Section .320(f), OMB Circular A- , 133. as revised, the Recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A·133, as revised. and any management letters issued by the auditor. to the Department at the following program address: Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (e) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof. were not spent in accordance with the conditions of this Agreement. the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (f) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. (g) The ReCipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat The IPA shall state that the audit complied with the applicable provisions noted above. 12 ~ 'wi (h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by the date the audit report is issued by the state Auditor General. whichever is later. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement. a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the _ s~bcontractor's performance of work under this Agreement. to the extent allowed and required by law. (15) TERMS AND CONDITIONS The Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Attachment A - progråm Statutes and Regulations Attachment B - Reports Attachment C - Copyright. Patent and TrademarK Attachment D - Property Management and Procurement Attachment E - Statement of Assurances Attachment F - Recipient Information Attachment G - Budget Attachment H - CSBG WOrKplan Attachment I - Special Conditions Attachment J - Justification of Advance Payment ~3 "-' (17) FUNDING/CONSIDERA TlON (a) This Is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incUrred in the satisfactory performance of work hereunder in an amount not to exceed $118.780. subject to the availability of funds and appropriate budget authority. The Recipient is authorized to incur costs in an amount not to exceed $62.609 until the Department receives the full budget authority. Upon Department receipt of final budget authority, the parties shall amend the Agreement to authorize the Recipient to incur additional costs. (b) Any advance payment under this Agreement is subject to s. 216.181(15), Florida Statutes. The ~ amount which may be advanced may not exceed the expected cash needs of the Recipient within th~ first three (3) months, based upon the funds being equally disbursed throughout the contract term. For a federally-funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment J. Attachment J will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget, Attachment G, and Workplan, Attachment H of this Agreement. (18) STANDARD CONDITIONS The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of this 14 '-' ...., Agreement unless the failure to meet the criteria set forth In the Agreement for completion of the Agreement is due to events beyond the control of the Recipient. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061. Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents. papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat.. and made or received by the Recipient in conjunction with this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) (Section 274A(e) of the Immigration and Nationality Act ("'NA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (19) LOBBYING PROHIBITION (a) No funds or other resources receiVed from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement. that to the best of his or her knowledge and belief: 15 '-' ""'" ,. No federal appropriated funds have been paId or will be paid. by or on behalf of the undersigned. to any person for influencIng or attemptIng to Influence an officer or employee of any agency. a Member of Congress. an officer or employee of Congress. or 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. 2. If any funds other than Federal appropriated funds have been paid or will be paid to . any person for influencing or attempting to influence an officer or employee of any agency. a Member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract. grant. loan or cooperative agreement. the undersigned shall complete and submit Standard Form-LLL. "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts. SUbgrants, and contracts under grants. loans. and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352. Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (20) COPYRIGHT. PATENT AND TRADEMARK If applicable to this Agreement. refer to Attachment C for terms and conditions relating to copyrights. patents and trademarks. (21) VENDOR PAYMENTS Pursuant to Section 215.422, Florida Statutes. the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of 16 '-' ""'" goods and/or seNlces provIded In accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result In the Department paYing Interest at a rate as established pursuant to Section 55.03(1) Florida Statutes. The Interest penalty shall be paid within 15 days after issuing the warrant. (22) BUDGET AND WORKPLAN CERTIFICATION The Recipient certifies that the data in Attachment G and Attachment H of this Agreement and the various sections. including budget data. are true and correct to the best of its knowledge and that the filing of this agreement has been duly authorized and understands that it will become part of the . Agreement between the Department and the Recipient. (23) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that. if applicable. its governing body has authorized. by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (24) ASSURANCES \ \ The Recipient shall comply with any Statement of Assurances incorporated as Attachment F. IN WITNESS VVHEREOF, the partieš hereto have caused this contract to be executed by their undersigned official$ as duly authorized. RëCIP~~ ~ ()j;ñ~ . . ~ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Date: 0 7 /á~ I r:lOD I , I Date: BY: Frannie Hutchinson BY: (Type Name and Title) Chairman, Board of County 17 ... . // . "" ....", AGENDA REQUEST ITEM NO. C- 6n DATE: October 23, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT: [Xl TO~ BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: Beth Ryder, Director~ SUBJECT: Approval of the grant agreement with the Healthy Start Coalition of St. Lucie County, Inc. BACKGROUND: For FY 01/02 the Board approved the grant to the Healthy Start Coalition of St. Lucie County, Inc., for 50% of the cost to provide non-Medicaid pre-natal care and deliveries not covered by any other source for low income women, in an amount not to exceed $40,000.00. FUNDS AVAIL: Account Number: 001-6900-582000-600 (Aid to Private Organizations) RECOMMENDATION: Staff recommends approval of the contract with Healthy Start Coalition of St. Lucie County, Inc., and authorization for the Chairman to execute the agreement. COMMISSION ACTION: be] APPROVED [] DENIED [ ] OTHER: County Attorney. x Originating Dept x ~, Review and A Management,. Budget x Other: Other: finance: Check for Copy only, if appRcable !.. Purchasing: '-" .,¡ GRANT AGREEMENT THIS AGREEMENT, made this day of A.D. 2001, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and HEALTHY START COALITION OF ST. LUCIE COUNTY, INC., a Florida not-for-profit corporation, or its successors, executors, administrators, and assigns hereinafter called the "Recipient": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a lump sum grant in the amount of forty thousand and no/lOO dollars ($40,000.00) The County shall disburse such funds to the Recipient within thirty (30) days of the date this agreement is executed by both parties. 2. The grant shall be used only to pay for non-Medicaid pre-natal care and deliveries not covered by any other source approved by the Recipient beginning on the date first above written through and including September 30, 2002. The Recipient shall submit quarterly reports to the S1. Lucie County Community Services Director indicating the name and address of patients served during the previous quarter and the date services were rendered 3. The Recipient shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used as set forth above or a subsequent audit reveals the grant was not used according to this Agreement, any money not so used shall be reimbursed to the County . 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. The audit shall be delivered to the County on or before January l,2oo3. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall· in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and -1- -, '-' ..." actions and cost ofactions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Either party may terminate this contract with or without cause upon thirty (30) days written notice to the other provided however the Recipient shall reimburse the County for all unexpended funds or funds expended in conflict with Recipient's application, as of the date of termination notice. 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: With copy to: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 To the Recipient: Healthy Start Coalition of St. Lucie County, Inc. 117 Atlantic Avenue Fort Pierce, Florida 34950 12. The Recipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2000) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient shall promptly notify the County in writing by certified mail of all potential -2- '-" '-'II conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Recipient'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 Recipient may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Recipient under the terms of this Agreement. 13. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Recipient agrees to use said forms. 14. Exc~pt as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 15. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 16. In the event of a dispute between the parties in connection with this Agreement, 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. 17. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law an -3- ,-,. .." IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year fIrst written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: HEALTHY START COALITION OF ST. LUCIE COUNTY, INC. BY: SECRETARY PRESIDENT (SEAL) g:\atty\agreemnt\contract\healthy .start.O 1. wpd -4- · \,/.r '-' """" AGENDA REQUEST ITEM NO. C.~ DATE: October 23,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT: [X] TO~ BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: Beth Ryder, Directorø- SUBJECT: Approval of two grant agreements with the Council on Aging of St. Lucie County, Inc., for match on the Community Care for the Elderly Act grant in the amount of $55,947.00 and match on the Older Americans Act grant in the amount of $68,310.00 BACKGROUND: For FY01/02 the Board approved a grant to the Council on Aging of St. Lucie County, Inc., for match dollars for two grants, Community Care for the Elderly and the Older Americans Act. FUNDS AVAiL: Account Number: 001·6900·582015·600 (Community Care for the Elderly) Account Number: 001-6900·582015·600 (Older Americans Act) RECOMMENDATION: Staff recommends approval of the grant agreements with Council on Aging of St. Lucie County, Inc. and authorization for the Chairman to execute the agreements. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: County Attorney: x Originating Dept x FlDance: Check for Copy only, If appllcable !. ;t Review and A Management &I Budget x ~ Other: Purchasing: Other: '-' ....., GRANT AGREEMENT THIS AGREEMENT, made this day of ,2001, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a grant in the total amount of sixty-eight thousand three hundred ten and 00/100 dollars ($68,3l 0.00) as local matching funds pursuant to the 2001-2002 Older Americans Act Grant Contract between the Council and the Area Agency on Aging of Palm Beach/Treasure Coast, Inc., hereinafter referred to as the "OAA Grant Contract". Payment to the Council shall be made in equal quarterly installments in the amount of seventeen thousand seventy-seven and 50/100 dollars ($17,077.50), with the first payment within thirty (30) days after the date this Agreement is executed on behalf of the County. The remaining payments shall be made on or before January 15,2002, Aprill5, 2002, and July 15,2002. 2. The grant shall be used only as set forth in the OAA Grant Contract, incorporated herein by reference. The Council shall provide the County Community Services Director with quarterly reports regarding the use of the funds and the services provided during the previous quarter. The reports shall be due on or before February 1,2002, May l, 2002, August 1, 2002, and November 1, 2002. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to the OAA Grant Contract and/or this Agreement, any money not so used shall be reimbursed to the County. 5. The Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. The Council shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under the OAA Grant Contract. 6. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or 1 '-' ..." until the expiration of three (3) years after the expenditure of the funds. 7. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Council shall and will indemnify and hold harmless the County from and against any and all liability , claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Councilor its agents, employees, customers, patrons or invitee whether in the jail facilities or surrounding area, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Council agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions, exhibit graphics, and vehicles purchased and/or operated with funds disbursed under this grant shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. lO. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 TO THE COUNCIL: Council on Aging of St. Lucie, Inc. 2501 SW Bayshore Boulevard Port St. Lucie, Florida 34984 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Council agrees to use said forms. . 12. The Council represents that it presently has no interest and shall acquire no interest, 2 '-' ...., either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 1l2.311, Florida Statutes (2000) and as may be amended from time to time. The Council further represents that no person having any interest shall be employed for said performance. The Council 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 Council'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 Council 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 Council. The County agrees to notify the Council of its opinion by certified mail within thirty (30) days of receipt of notification by the Council. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Council, the County shall so state in the notification and the Council shall, at its 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 Council under the terms of this Agreement. 13. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 14. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 15. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN 3 '-' ....., APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: COUNCIL ON AGING OF ST. LUCIE, INC. BY: SECRETARY PRESIDENT (SEAL) g:\atty\agreemnt\contract\coa-oaa.O I. wpd 4 '-' ""'" GRANT AGREEMENT THIS AGREEMENT, made this day of ,2001, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a grant in the total amount of fifty-five thousand nine hundred forty-seven and 00/100 dollars ($55,947.00) as local matching funds pursuant to the 2001-2002 Community Care for the Elderly Grant Contract between the Council and the Area Agency on Aging of Palm Beach/Treasure Coast, Inc., hereinafter referred to as the "CCE Grant Contract". Payment to the Council shall be made in equal quarterly installments in the amount of thirteen thousand nine hundred eighty-six and 75/l00 dollars ($13,986.75), with the first payment within thirty (30) days after the date this Agreement is executed on behalf of the County. The remaining payments shall be made onor before January l5, 2002, April 15,2002, and July 15,2002. 2. The grant shall be used only as set forth in the CCE Grant Contract, incorporated herein by reference. The Council shall provide the County Community Services Director with quarterly reports regarding the use of the funds and the services provided during the previous quarter. The reports shall be due on or before February 1,2002, May 1,2002, August 1, 2002, and November 1, 2002. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to the CCE Grant Contract and/or this Agreement, any money not so used shall be reimbursed to the County. 5. The Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. The Council shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under the CCE Grant Contract. 6. The Council gives the County the right, until the expiration of three (3) years after expenditure offunds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or 1 """ ..." until the expiration of three (3) years after the expenditure of the funds. 7. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Council shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Councilor its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss oflife or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Council agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 TO THE COUNCIL: Council on Aging of St. Lucie, Inc. 2501 SW Bayshore Boulevard Port St. Lucie, Florida 34984 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Council agrees to use said forms. 12. The Council 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 2 ~ ..." amended from time to time. The Council further represents that no person having any interest shall be employed for said perfonnance. The Council 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 Council'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 Council 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 Council. The County agrees to notify the Council of its opinion by certified mail within thirty (30) days of receipt of notification by the Council. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Council, the County shall so state in the notification and 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 Council under the tenns of this Agreement. 13. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 14. Except as otherwise provided. this Agreement shall be binding upon and shall insure to the benefit of the parties. 15. This Agreement embodies the whole understanding of the parties. There are no promises, tenns, 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. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN 3 ""'" "w!I APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: COUNCIL ON AGING OF ST. LUCIE, INC. BY: SECRETARY PRESIDENT (SEAL) g: \atty\agreemnt\contract\coa-cce.O 1. wpd 4 -,... '-' 'wtI AGENDA REQUEST ITEM NO. C· 5t> DATE: October 23,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT: [X] TOl BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: Beth Ryder, Director ¿j3- SUBJECT: Approval of three grant agreements with New Horizons of the Treasure Coast, Inc., for mental health, alcohol and substance abuse services: 1. Mental Health and Substance Abuse treatment services match of $565,209.00 for the Department of Children and Families contract. 2. Bridge to Recovery program for substance abuse problem assessment and education in cooperation with the St. Lucie County Sheriff in the amount of $28,840.00. 3. Forensics Contract to provide inmates at the SLC Correctional facility with alcohol and drug abuse treatment in the amount of $95,719.00. BACKGROUND: For FY 01/02 the Board approved the grants to New Horizons of the Treasure Coast, Inc., to provide the above services. FUNDS AVAIL: Account Number: 001·6900·581030·600 (DCF Match) Account Number: 107·2115·581030·200 (Bridge to Recovery) Account Number: 107·2115·581030·200 (Forensics) RECOMMENDATION: Staff recommends approval of the agreements with New Horizons of the Treasure Coast, Inc., and authorization for the Chairman to execute the agreements. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: County Auomey: x ~. OrlglnatIDg Dept: x FlDance: Check: for Copy oBly, If appUcable !. Review and A Management" Budget: x . Other: Other: PurcbaslDg: ~ ..." AGREEMENT THIS AGREEMENT, made this day of A.D. 2001, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and NEW HORIZONS OF THE TREASURE COAST, INC., or its successors, executors, administrators, and assigns hereinafter called the" Recipient". IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient grant funds in the total amount of five hundred sixty-fi\ :.¡"thousand two hundred nine and 0011 00 dollars ($565,209.00) as local matching funds pursuant to the 2001-2002 contract between the State of Florida Department of Children and Families fu,d the Recipient for the provision of mental health and substance abuse treatment services to the residents ofSt. Lucie County, hereinafter referred to as the "DCF Contract", and incorporated herein by reference. Payment to the Recipient shall be made in equal quarterly installments in the amount of one hundred forty-one thousand three hundred two and 25/l 00 dollars ($l41 ,302.25), with the first payment within thirty (30) days after the date this Agreement is executed on behalf of the County. The remaining payments shall be due and payable on or before January 15, 2002, Aprill5, 2002, and July 15,2002. 2. The grant funds shall be used only as set forth in the DCF Contract. The Recipient shall provide the County Community Services Director with quarterly reports setting forth the following information: A. Nwnber of clients served during quarter. n Nwnber of clients entering treatment during quarter. C. Cwnulative nwnber of clients served since October l, 200. D. Type and nwnber/hours of services provided during quarter. E. A copy of the match report filed with the Department of Children and Families for the previous quarter. The reports shall be due on or before February 1, 2002, May l, 2002, August l, 2002, and November l,2002. 3. The Recipient shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to the DCF Grant Contract and/or this Agreement, any money not so used shall be reimbursed to the County. 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, 1 '-' ..",; of the expenditure of the grant within ninety (90) days after the end of its last fiscal year during which funds are expended under the DCF Grant Contract. 6. The-Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out of in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee whether in the jail facilities or surrounding area, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient herelJY acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 2 '-' ....., To the Recipient: New Horizons of the Treasure Coast, Inc. 4500 West Midway Road Fort Pierce, Florida 34981 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Recipient agrees to use said forms. l2. The Recipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 1 12.311, Florida Statutes (2000) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient shall promptly notify the County in 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 Recipient'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 Recipient may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days ofreceipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and the Recipient shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Recipient under the terms of this Agreement. 13. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 14. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 15. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersedr..; fu~ previous communications, representations or agreements, either verbal or written, between the parties hereto. 3 '-' ,." IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as ofÌhe day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: NEW HORIZONS OF THE TREASURE COAST,INC. BY: SECRETARY PRESIDENT (SEAL) g:\atty\ment\contract\nh-dcf.O l.wpd 4 · , '-' ,..." AGREEMENT THIS AGREEMENT made this day of ,2001, between ST. LUCIE COUNTY, FLORIDA, 2300 Virginia Avenue, Fort Pierce, Florida 34982, a political subdivision of the State of Florida, (the "County") and NEW HORIZONS OF THE TREASURE COAST, INC., 4500 W. Midway Rd., Fort Pierce, Florida 34981, (the "Contractor"). WITNESSETH I. SCOPE OF SERVICES A. The Contractor will provide any inmate of the S1. Lucie County Jail ("County Jail") referred to the Contractor by the County's Inmate Medical Officer the following services as required by such inmate and authorized by such medical officer: (1) Preliminary evaluation (2) Full psychosocial evaluation (3) Psychiatric evaluation (4) Individual counseling (5) Chemotherapy (6) Crisis intervention B. The Contractor shall supply, at its own expense, all injectable medications prescribed by the Contractor's physician. In addition, registered clients of the Contractor, who meet criteria established by the Contractor, will be eligible for other medications prescribed by the Contractor's physician on a no cost basis. C. The Contractor shall provide in-service training for jail personnel concerning mental health procedure and practices upon request of the Sheriff's Department of Detention Director. D. The Contractor shall provide the County Community Services Director and the Sheriff's Department of Detention Director with quarterly reports beginning February l, 2002 setting forth the number of inmates treated by the Contractor, the type of services rendered in accordance with the categories set forth above in Section 1.A., and the number of prescriptions written by the Contractor's physician for inmates during the previous quarter. II. TIME OF PERFORMANCE The parties acknowledge and agree that the Contractor has been providing the services described above continually from October l, 1995, and will continue to perform such services in a professional and timely manner. Such services shall be provided twenty-four (24) hours a day, seven (7) days a week (Monday through Sunday). -1- '-' ...., III. COMPENSA nON The Contractor shall provide all required services and medications as described above at a total cost of ninety-five thousand seven hundred nineteen and OO/l 00 dollars ($95,719.00) to be paid in equal quarterly payments of twenty-three thousand nine hundred twenty-nine and 75/100 dollars ($23,929.75) per quarter. The first payment shall be due within thirty (30) days of the date this Agreement is approved by both parties. The remaining payments shall be due on or before January l5, 2002, April 15, 2002, and July l5, 2002. These charges shall include all equipment, supplies, prescription processing charges, insurance and all salaries or other compensation for the Contractor's employees during the term of this Agreement. IV. TERM OF AGREEMENT The term of this Agreement shall be for one (I) year beginning on October 1, 2001 through and including September 30, 2002. At the option of the County and the Contractor, this Agreement may be renewed for additional one year terms upon the same terms and conditions specified herein, provided, however, that the Agreement may be amended to reflect the renegotiation of terms and conditions acceptable to the County and the Contractor. V. INDEMNIFICATION AGAINST CLAIMS The Contractor is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Contractor shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services or the use or occupation of the St. Lucie County Correctional Facility by the Contractor or its agents, employees, customers, patrons or invitee whether in the jail facilities or surrounding area, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Contractor hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. VI. INSURANCE The Contractor shall, at its own expense, promptly procure and pay for and at all times maintain a policy or policies of professional insurance with coverage limits of not less than one million and 00/100 dollars ($1,000,000.00) for medical malpractice as a result of any act or occurrence. The insurance policy shall provide broad comprehensive general liability coverage, and it shall include personal injury, products and completed operations. The policy shall provide a thirty (30) day notice of cancellation or non-renewal and a severability of interest endorsement. The Contractor shall submit evidence of such insurance when returning the executed copies of this -2- '-' "-tI Agreement. VII. NOTICES All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the persons giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested and addressed to: AS TO COUNTY: AS TO CONTRACTOR: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, FL 34982 Attention: Administration New Horizons of the Treasure Coast, Inc. 4500 W. Midway Road Fort Pierce, FL 34981 WITH COPY TO: St. Lucie County Attorney 2300 Virginia Avenue, Annex. Fort Pierce, FL 34982 VIII. TERMINATION Either party shall have the right to terminate this Agreement for any reason upon written notice provided to the other party thirty (30) days prior to the effective date of termination. Unless otherwise terminated as provided herein, this Agreement shall terminate on September 30,2000, unless extended as provided above in Paragraph IV. IX. ACCOUNTING OF SERVICES RENDERED The Contractor shall on a quarterly basis provide to the County an accounting of services rendered pursuant to this Agreement. The accounting shall at a minimwn reflect the nwnber of visits made to the downtown Jail and the Rock Road Correctional Facility by the Contractor, the nwnber of patients seen by the Contractor, and the type of services administered. X. ANNUAL AUDIT The Contractor shall provide the County with a copy of its annual audit prior to the termination of this Agreement. XI. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties and shall not be extended modified except in writing. -3- . , . . '-' ...., XII. INTERPRETATION: VENUE In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the County has hereto subscribed and the Contractor has affixed its name and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: NEW HORIZONS OF THE TREASURE COAST,INC. BY: SECRETARY PRESIDENT (SEAL) g:\attylagreemnts\conttacl\nh-foreDSics.Ol. wpd -4- · '-' ~ AGREEMENT THIS AGREEMENT made this day of , 2001, between ST. LUCIE COUNTY, FLORIDA, 2300 Virginia A venue, Fort Pierce, Florida 34982, a political subdivision of the State of Florida, (the "County"). the ST. LUCIE COUNTY SHERIFF, 4700 West Midway Road, Fort Pierce, Florida 34982, (the "Sheriff"), and NEW HORIZONS OF THE TREASURE COAST, INC., 4500 W. Midway Road, Fort Pierce, Florida 34981, (the "Contractor"). WITNESSETH I. SCOPE OF SERVICES A. The Contractor will provide a substance abuse treatment and education program for inmates of the St. Lucie County Jail ("County Jail") referred to the Contractor without regard to race, color, creed, national origin, sex or economic status. B. If after conducting a substance abuse problem assessment for an inmate at the County Jail, the Contractor determines that the individual meets program eligibility requirements, the County will make available to the individual the following range of services: 1. Full psychosocial evaluation 2. Individual counseling 3. Group counseling 4. Substance abuse evaluation 5. Substance abuse treatment and education 6. Residential setting. C. The Contractor shall provide all booklets and materials required to the existing subsidiary program, "Bridge to Recovery", currently supervised by the Sheriff as of October 1, 2001. D. The Contractor shall provide in-service trammg for County Jail personnel concerning substance abuse treatment procedures and practices at least annually or by specific request of the Department of Detention Director. E. The Contract shall submit quarterly reports to the St. Lucie County Conununity Services Director and the Department of Detention Director quarterly reports beginning February 1, 2002 regarding services provided during the previous quarter under this Agreement. The reports shall include, but not be limited to, the following mformation for each quarter and cumulative totals of inmates served under the Agreement: -1- '-' """" 1. Number of clients served during previous quarter. 2. Number of clients entering treatment during quarter. 3. Cumulative number of clients served since October 1,2001. 4. Type and number/hours of services provided during previous quarter. II. TERM The term of this Contract shall begin on October l, 200 1 and shall continue through and including September 30, 2002, unless otherwise terminated as herein provided. Such services shall be provided twenty-four (24) hours a day, seven (7) days a week (Monday through Sunday). III. COMPENSATION The Contractor shall provide all services described above at a cost of twenty-eight thousand eight hundred forty and 001100 dollars ($32,000.00) to be paid by the Sheriff, and twenty-eight thousand eight hundred forty and oo/loo dollars ($28,840.00) to be paid by the County. This total cost shall include all equipment, supplies, insurance, and all salaries or other compensation for the Contractor's employees. Payment shall be made on a quarterly basis in equal installments of eight thousand and 00/100 dollars ($8,000.00) from the Sheriff and seven thousand two hundred ten and 00/100 dollars ($7,210.00) from the County. The first payment shall be due within thirty (30) days of the date this Agreement is approved by both parties. The remaining payments shall be due on or before January 15, 2002, Apri115, 2002, and July 15, 2002. IV. TERM OF AGREEMENT The term of this Agreement shall be for one (1) year beginning on October 1, 200 1 through and including September 30, 2002. At the option of the parties, this Agreement may be renewed for one (1) additional one year term upon the same terms and conditions specified herein, provided, however, that the Agreement may be amended to reflect the renegotiation of terms and conditions acceptable to the parties. V. INDEMNIFICATION AGAINST CLAIMS The Contractor is and shall be an independent contractor, responsible to all parties for all of its acts or omissions, and the County and the Sheriff shall in no way be responsible for such acts or omission. The Contractor shall and will indemnify and hold harmless the County and the Sheriff from and against any and all liability, claims, damages, expenses, fees, fmes, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupations, administration or control of the above described services or the use or occupation of the St. Lucie County Detention Center by the Contractor or its agents, employees, customers, patrons or invitee whether in the jail facilities or surrounding area, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this -2- '-' 'wi Agreement. The Contractor hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. VI. INSURANCE The Contractor shall, at its own expense, promptly procure and pay for and at all times maintain a policy or policies of professional insurance with coverage limits of not less than one million and 00/100 dollars ($1,000,000.00) for medical malpractice as result of any act or occurrence. The insurance policy shall provide broad comprehensive general liability coverage, and it shall include personal injury, products and completed operations. The policy shall provide a thirty (30) day notice of cancellation or non-renewal and a severability of interest endorsement. The Contractor shall submit evidence of such insurance when returning the executed copies of this Agreement. VII. NOTICES All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the persons giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested and addressed to: AS TO COUNTY: WITH A COPY TO: St. Lucie County Administrator Administration Annex Building 2300 Virginia A venue Fort Pierce, FL 34982 S1. Lucie County Attorney Administration Annex Building 2300 Virginia A venue Fort Pierce, FL 34982 AS TO SHERIFF: St. Lucie County Sheriff 4700 West Midway Road Fort Pierce, FL 34982 AS TO CONTRACTOR: Attention: Administration New Horizons of the Treasure Coast, Inc. 4500 W. Midway Road Fort Pierce, FL 34981 VIII. TERMINATION -3- '-' ..., Any of the parties shall have the right to terminate this Agreement for any reason upon written notice provided to the other party thirty (30) days prior to the effective date of termination. Unless otherwise terminated as provided herein, this Agreement shall terminate on September 30, 2002, unless extended as provided above in Paragraph IV. IX. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes (2000), and made or received by the Contractor in conjunction with this Agreement. X. 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 Agreement. XI. ANNUAL AUDIT The Contractor shall provide the County and the Sheriff with a copy of its annual audit prior to the termination of this Agreement. XII. ENTIRE AGREEMENT This Agreement contains the entire agreement of the paities and shall not be extended or modified except in writing. -4- '-' ..., XIII. INTERPRETATION: VENUE In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the County has hereto subscribed and the Contractor has affixed its name and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ST. LUCIE COUNTY SHERIFF KEN MASCARA ATTEST: NEW HORIZONS OF THE TREASURE COAST, INC. BY: PRESIDENT SECRETARY (SEAL) -5- '-' ...- g:latty\agreemnts\contractlnh-bridge.O 1. wpd -6- .... '- AGENDA REQUEST """" ITEM NO. C-6-A DATE: October 23, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PURCHASING MICHAEL RATH SUBJECT: Permission to advertise for bids for Baling Wire for the Glades Road Landfill. BACKGROUND: This bid is required to provide baling wire for the new baling facility at the Glades Road Landfill. It is estimated that this operation will use approximately 400,000 Ibs. of baling wire per year. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise for Baling Wire. COMMISSION ACTION: derson . y Administrator [x] APPROVED [] DENIED [ ] OTHER: County Attomey.(X) ,ß , Coordination/Signatures Mgt. & Budget: Purchasing Mgr. :(X) Other: it-. Originating Dept: Other: Finance: (Check for Copy only, if Applicable) Elf. 1/97 ~'~ ,. '" '- ..."", PUBLIC WORKS DEPARTMENT SOLlC WASTE DIVISION· MEMORANDUM 01-185 :'Tj····wx···<···wm··'r~:\V.w.<MmMN.w.w.W.C.""....<.,.~~iiit$lECùO'¡'1~t'·"w..^w.......w···,.·c···,,·'·····m::r.¡;¡¡¡¡[¡:4iìiiilli'~t·.·.·.·mm~N.....,.....<N.......ii.lC..'.....w.w,.w.:......'...'.........:........ TO: Mike Rath, Purchasing Director Leo J. Cordeiro, Solid Waste Manager e October 10, 2001 FROM: DATE: RE: Wire - RFP or RFQ This memo pertains to the conversation we had about getting an RFP or RFQ for baling wire for this facility. Listed below are the specs for the wire as well as the three companies that can supply us. You mentioned that you could set it up so that we could do spot purchasing. We need the flexibility to purchase this wire on an as-needed basis from any qualified supplier. Our needs are approximately 400,000 Ibs. per year. Please let me know if you need anything else from us. Wire SDecs: 28-30% elongated 10 gauge black annealed 60,OOO-75,000Ibs. tensile strength pre-oiled SUDDliers: . Caverl Wire 1-800-245-4042/ Fax 1-724-438-5222 Accent Wire 1-281-251-3700/ Fax 1-281-251-6000 Coastal Wire 1-800-768-9473/ Fax 1-800-621-7967 LJC/am " ~ AGENDA REQUEST ..." ITEM NO. C-6-B DATE: October 23, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PURCHASING MICHAEL RA TH SUBJECT: Permission to advertise for bids for Sports Complex Game Cleaning. BACKGROUND: This bid is required to provide cleaning services for the T.J. White Sports Complex during Mets Spring Training and the St. Lucie Mets season. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise for Sports Complex Game Cleaning. COMMISSION ACTION: g nderson ounty Administrator fx] APPROVED [] DENIED [ ] OTHER: County Attorney. (X) d .~ . Originating Dept: Coordination/Signatures Mgt & Budget: Other: Purchasing Mgr.:(X) Other: 4- Finance: (Check fi:>r Copy only, if Applicable) Elf. 1/97 t ...... .."", PARKS & RECREATION DEPARTMENT PARKS DMSION MEMORANDUM #02-007 . ' -- TO: Mike Rath, Purchasing Director -- FROM: THROUGH: Tommy Bowes, Stadium Superintendent Pete Keogh, Parks & Recreation Director "-,:: "<..- ,~.",..' DATE: October 12,2001 RE: T.J. White Sports Complex Cleaning Services *************************************************************************************************** We would like to go out for bid for game clean up at the Sports Complex during Mets Spring Training and St. Lucie Mets season. The season runs from approx. March through September and consists of approximately 70 - 80 games. Each visit requires about 4 hours per visit with 10 to 12 workers for Spring Training and 4 hours per visit with 4 -5 workers. It has been the experience in the past few years that Manpower has not been effective with availability of consistent cleaning personnel. Often times the Manpower employees called do not show up, are late or difficult to work with in addition to the standard of services they provide without direct supervision. County personnel are taken from other responsibilities necessary after games to supervise and watch to maintain the level of cleanliness required before next game schedule, not to mention the time involved by support staff to coordinate prior and after in paperwork time. Staffhas contacted two contractors for quotes to see if it would be in the County's advantage to have outside services with the following results: Coverall Cleaning Concepts ofWPB $28,350 and Building Services Inti of NY $42,410.75. Staffs' records indicate for Manpower services at $36,771.83 which puts private contracting services in a positive light. The scope of service is attached and e-mail sent to you for RFP processing. These services should be in place by February for obvious reasons. If you have any additional questions or need other information please contact Deborah Huffman at X1519 or myself at X5478. H:\WP\Logs\.\1emo 10g 2001·2002\02-007 C1eaning Servitct.wpd '-" ..." . AGENDA REOUEST ITEM NO. C-7 DATE: Oct. 23, 2001 REGULAR [ ] PUBLIC HEARING CONSENT [XXX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT) : HUMAN RESOURCES DEPARTMENT PRESENTED BY: David Rodriguez Human Resources Director SUBJECT: Compensation for staff called up for active military duty. BACKGROUND: On Sept. 25, 2001, Governor Jeb Bush and the Florida Cabinet passed the attached resolution suggesting that employees of all political subdivisions of the state, will receive full civilian pay in addition to their military pay for the first 30 days of their active duty,and will thereafter receive the pay necessary to raise their military pay to the level of their civilian pay and continue their existing benefits. FUNDS AVAIL. :102-1520-512000-100 505-1331-512000-100 001-5310-512000-500 140-4210-512000-400 001-1930-512000-100 001-1301-512000-100 001-1955-512000-100 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board approve the attached request and authorize approval by the Chairman. [X ] [ ] APPROVED OTHER: DENIED sAnderson ty Administrator COMMISSION ACTION: County Attorney: Originating Dept. !./~£1/~ Finance: (Check for Copy only, JJ Purchasing Other: Eff. 5/96 I t ~ '-" 'WI . AGENDA TO: BOARD OF COUNTY COMMISSIONERS FROM: D~vid Rodriguez Human Resources Director DATE: Oct. 16, 2001 SUBJECT: Compensation for staff called to active military duty BACKGROUND: On Sept. 25, 2001, Governor Jeb Bush and the Florida Cabinet passed the attached resolution suggesting that employees of all political subdivisions of the state, will receive full civilian pay in addition to their military pay for the first 30 days of their active duty, and will thereafter receive the pay necessary to raise their military pay to the level of their civilian pay and continue their existing benefits. RECOMMENDATION: Staff recommends that the employees called to act~ve duty receive full civilian pay in addition to their military pay for the first 30 days of their active duty, and will thereafter receive the pay necessary to raise their military pay to the level of their civilian pay and continue their existing benefits for a period of 365 days. Also, to continue their health insurance for the employee and their family, the employee portion of the insurance cost will be deducted from the supplemental pay. The employee called to duty will be covered by the military for health and life insurance. Our coverage will allow the families to continue with their present health care providers. Upon the termination of service, or upon their honorable discharge, they shall have the right to return to ,their positions or a comparable position in the County service without suffering any loss of standing or seniority. Due to the uncertainty of the declared war, this policy will be reviewed on an annual basis. Respectfully submitted, c:!?~;ø%~ , David Rodriguez Human Resources Director DR/mp Attached: Governor Bush's Resolution of Sept. 25, 2001 Employee handbook page 12 & 13 Military Dvty ~ r '-' ,.., . . R E S,o L TTTt 0 N . WHEREAS, rhe Ullired Stales of Amcrica wa~ founded all rhe principles of liberty, freedom, and justice [or all;:u1d . WlIEREAS, throughout history, American suldicrs have been caJ]ed upon to d(;[~'Ud thcse principles borh ar home and throughout the wodd; and WHERF,,,,S, OLl Seplember 11, 200 I th~ Unire:d Sra!ès wa~ subject !o act~ of war perpetuated a¡:ainst civili:trlS by Ltrroruls; and WIIEREAS, in response to these acts of rerror. Lbe Pn;sidcnt of the United States h:!..; called upou reòerves o[ the Am1cd forces of the Ullitêd Slales and illembc:r';; of thc National Guard to protectAmrrica's eitizen~ and hel' fJ:eedom5; and WHEREAS, many of lhcsc American soldius called ro ÛUlY Lu defend our liberties arc full-time .;ute employees whose civilian pay exce2ds their milít:iry compensation; and WllEREAS, lhc families of rhese soldie:s, ddè:l!cfi¡¡g liberties eTljoyed by all. mJY LlOW be facing undue financial hardòhip ill addition to the pain of separ::.tiolJ.; and WHEREAS, the florida Legislalure has provided in sections 115.09 and 115.14, f[orida Statutcs, that a11 officials and tmploye:~ uf the >tate, counties and municipalities or political subdivisions ofthc >tate, may receive full cioilianpay in addiTiOll ¡o thèir ::nilil:¡ry p::ty for the first 30 days of \Ì1~ir active duty, and m.::ty ¡her~:ln~r reccive the pay necess¡¡ry to :1Jise Lheir military pay to the level of rheir . civillar. pay and cominue rheir e:ruling benefits. NOW, THEREFORE, BE IT RESOL ""ED iliac the Governur and CabiTlc! of the Stale of ;;¡oricb. do hereby direct all ageucies under Lheir jurisdiction to implement the provisions of Flurida', Military Service Compensatioa Law for::tll employees ca11ed to active dUTY :15 a t1':suIl of thcse terrorist acts. TI1e Govemo! ilad Cabinet of thc State offlorida strongly eucourage Lbe counties, mUTlicipalities and poJiticaì subdivisions of the stale (0 lik.ewi~c implcment the provisions of we reservist compeLlSaLianlaw for their employees. The Governur and Cabinct of the State of Florid,,: eneOUl'a!::~ private empluyer>, to the extent they are .bl", !O lake similar actions to make wholc tho~e people caned ro aclioe ùuty as a rcsult of thi~ terrorist ::tttack. Additíonaìly. Jli agencies under lb.c Govcrnor and the Cabinet of the Sure of Florida's jurudiction aIC directed to considel' :idditional actions Lh.J.t may be warranted. IN TKSTfMONY WHEREOF. the Govemor ::tl1d C::.biuet of Lb.e Stale of Florida have hcn:LJnta 5ubscnècd their names aud have causeù the official sea) of Lhe Sl::tl: of F10nda to be hel'e\JrlCú aweù in Lb.e City of Tallahassee rills 25'" day of September 2001. .......M____.. ". --------- I ( ¡ ,. / " ! I t -- ~3. t6 MILITARY L~VE ...",; . . Employees who are members of the Florida National Guard ?r other military reserve units who are duly ordered by their commanding officer to engage In a~tlve duty~ field exerCises, or other training shall be entitled to a leave of absence from their respective duties for up to a maximum of seventeen (17) days. Said employees shall be entitled to the full pay and benefits they would have otherwise earne~ during said leaves of absence. If the leave exceeds seventeen (17) days, it will be without pay. . Upon the termination of such service, or upon their honorable discharge, th~y shall have the right to retum to their position or a compara.ble position In the County service, provided such position still exists and they are otherwise qualified, without sufferrng any loss of standing or seniority of any kind whatsoever. Federal and State regulations may supersede the above. Employees are advised to consult the Personnel/Risk Management Department for information concerning health and life insurance continuance while on military leave. The County will comply with the Uniformed Services Employment and Re'?mployment Rights Act of 1994 (USERRA). A copy is on file in the Personnel Department. An employee drafted or ordered to active duty in connection with reserve activities other than short-term training, as outlined in the first paragraph above shall, upon presentation of a copy of his/her official orders, be granted to a leave without pay extending ninety (90) calendar days beyond the date of separation from the military services All unused leave benefits shall be retained by the employee who shall have the same credited to his/her records if applying for reinstatement. During such leaves of absence the employee shall be entitled to preserve all rights established by the County Employee Handbook. Upon separation from military service, the employee must request reinstatement within the ninety.(90) calendar day period immediately following separation. The County may require the employee to uncergo a medical examination and drug test to determine fitness to perform the duties of the position to which he/she may be returning. If the employee volunteers for an additional tour of military duty, he/she forfeits reinstatement rights. -- ¡ t À1JMAN RESOÜRCE~ MEMORANDUM 01-58 . TO: Douglªs Anderson County Administrator FROM: Patricia Clute Employee & Labor Relations Manage~ October 4, 2001 DATE: . SUBJECT: Call to Duty In response to our request, the departments/divisions have submitted the employees listed below as the only reservists eligible to be called to duty at this time. Human Resources/Risk Wayne Teegardin, Safety/OSHA Specialist Community Development Janet Merkt, GIS Analyst II Veterans Services Paul Hiott, Veterans Services Director Airport Paul Dreyer, Airport Maintenance Supervisor Central Services Christopher Hall, Carpenter (has been called up, is on leave of absence) Management & Budget Guy Medor, Budget Analyst Information Technology Joseph Cimino, Systems Engineer Supervisor Jim Baranoski, Webmaster R. Reid Galvin, Analyst (has been called up, is on leave of absence, paperwork indic~tes 365 days) All other departments indicate they have no one in the reserves. At your earliest convenience, David Rodriguez, Joseph Finnegan and myself are prepared to meet with you to discuss continuation of benefits. Attached is the Governor's Resolution passed on Sept. 25, 2001. I r~ ~ ,-,AGENDA REOUEST WJI ITEM NO. C-8 4- DATE: October 23, 2001 REGULAR TO: BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING [ CONSENT . [ X ] SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: $3,010,595.36 St. Lucie County, Florida Improvement Revenue Note, Series 2001 (Energy Efficiency Project) BACKGROUND: On September l8t\ the Board accepted the contract submitted by First Union National Bank to finance the Energy Efficiency Project. The funds were transferred on October 9th. Before the Central Services Department can gain access to these funds, the Board must first adopt a Budget Resolution appropriating and expending the funds. Budget Resolution 01- 253 will accomplish this. Repayment of the debt begins April 2003 and will be made through savings realized from upgrading existing fixtures and equipment to more energy efficient units. FUNDS AVAILABLE: See attached Budget Resolution No. 01-253 PREVIOUS ACTION: September 18, 2001 - Board accepted the contract from First Union National Bank to finance the Energy Efficiency Project (Performance Contracting). RECOMMENDATION: Staff recommends the Board adopt Budget Resolution No. 01-253 recognizing the loan proceeds and establishing the budget for the Energy Efficiency Project. 2 attachments: October 3rd Memorandum from Bill Leedy Budget Resolution 01-253 COMMISSION ACTION: E: !{] APPROVED [] DENIED [ ] OTHER: County Attorney: XX ~ Coordination/Signatures Management & Budget: xX:6tfJ ~urChaSing: Originating Dept: Public Works: Other: Central Services: XX Finance: (Check for Copy only, if applicable) XX (ì: BUDGET\WP\AGE~DA'S\Agenda02\IO'23 Energy Effwpd '-' ...." RESOLUTION NO. 01-253 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 in the form ofloan proceeds from First Union National Bank for the purpose of funding the Energy Efficiency 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 RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida, in meeting assembled this 23rd day of October, 2001, 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 001007-0000-384200-15012 Proceeds From Loan $3,010,596 APPROPRIA TIONS 001007-1930-563000-15012 001007-1930-573100-15012 Improvements OfT Buildings Additional Expenses - Bonds $2,99 I ,596 $19.000 $3,010,596 Total Appropriations After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairwoman Commissioner Doug Coward, Vice Chairman Commissioner Cliff Barnes Commissioner John D, Bruhn Commissioner Paula A. Lewis xxx xxx xxx xxx xxx PASSED AND DULY ADOPTED THIS 23rd DAY OF OCTOBER, 2001. ATIEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA \ BY~ CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:IBUDGE1'WP\AGE>:DA'SIAgcnòa02ll0'Z3 Energy Effwpd .. ì' " _~:~W~:~~'r~~?,H!~i~' LANDMARK CENTER I1 SUITE 465 225 E. ROBINSON STREET ORLANDO, FLORIDA 32801 (407) 422-5161 FAX (407) 422-5659 ~ MEMORANDUM TO: Douglas M. Anderson Robert J. Bradshaw Daniel S. McIntyre, Esq. Marie Gouin Christann K Hartley Gary M. Perdew Diane Bernardo Paul Vincent Robert O. Freeman, Esq. FROM: Bill Leedy Public Finance Department DATE: October 3, 2001 County Administrator Assistant County Administrator County Attorney Management and Budget Director Finance Director Senior Budget Analyst Accountant II First Union National Bank Squire, Sanders & Dempsey, LLP RE: $3,010,595.36 St. Lucie County, Florida Improvement Revenue Note, Series 2001 (Energy Efficiency Project) The closing for this transaction is scheduled to commence via wire transfer promptly at 9:00 a.m. on October 9,2001. The interest rate on the 1 O-year loan will be fixed at 4.13%. St. Lucie County's initial interest payment will be due on Aprill, 2003. MEMBER NASDiSIPC .' '-' ..." $3,010,595.36 ST. LUCIE COUNTY, FLORIDA Improvement Revenue Note, Series 2001 (Energy Efficiency Project) CLOSING MEMO AND TRANSFER OF FUNDS Delivery Date: October 8, 2001 Sources of Note Proceeds Par Amount of Loan $3,010,595.36 Total Due From First Union National Bank (To be disbursed as follows:) $3,010,595.36 Wire to S1. Lucie County, Florida For deposit to Project Fund $3,010,595.36 Total $3,010,595.36 < . '-' ...., PROJECT FINANCING SUMMARY Total Project Cost (Less) County Contribution Total Project Fund Plus Costs of Issuance Principal Amount of Loan $3,196,595.36 -205.000.00 $2,991,595.36 19.000.00 $3,OlO,595.36 From Note Proceeds For deposit to Project Fund For deposit to Costs of Issuance Total $2,991,595.36 19.000.00 $3,010,595.36 -, . '-' ..,.¡ WIRE INSTRUCTIONS From First Union National Bank to St. Lucie County - $3.010.595.36 Riverside National Bank of Florida Fort Pierce, Florida ABA# 067011142 For credit to St. Lucie County Board of County Commissioners Account # 01078365201 -;.. . '-" .....,¡ ST. LUCIE COUNTY, FLORIDA IMPROVEMENT REVENUE NOTE, SERIES 2001 (Energy Efficiency Project) Distribution List ST. LUCIE COUNTY, FLORIDA Douglas M. Anderson County Administrator PH (561) 462-1450 FX (561) 462-2131 E-ML: douga@stlucieco.gov Robert J. Bradshaw Assistant County Administrator PH (561) 462-1452 FX (561) 462-2131 E-ML: robertb@stlucieco.gov PH (56l) 462-1420 FX (561) 462-l440 E-ML: danm@stlucieco.gov PH (561) 462-1670 FX (561)462-2117 E-ML: marieg@stlucieco.gov Daniel S. McIntyre, Esq. Count Attorney Marie Gouin Management and Budget Director Christann K. Hartley Finance Director PH (56l) 462-1476 FX (56l) 462-l6l4 E-ML: chrish@stlucieco.gov PH (561) 462-1723 FX (561) 462-2117 E-ML: gperdew@stlucieco.gov Gary M. Perdew Senior Budget Analyst Diane Bernardo Accountant II PH (561) 462-2l57 FX (561) 462-1614 E-ML: bernardo@stlucieco.gov ST. LUCIE COUNTY, FLORIDA 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 · . "'" BOND COUNSEL Robert O. Freeman, Esq. SQUIRE, SANDERS & DEMPSEY, LLP One Enterprise Center, Suite 2100 225 Water Street Jacksonville, FL 32202 NOTE UNDERWRITER Paul Vincent Vice President FIRST UNION NATIONAL BANK Government Banking 1950 Hillsboro Boulevard FL 6005 Deerfield Beach, FL 33442 FINANCIAL ADVISOR Loomis C. (Bill) Leedy, III First Vice President WILLIAM R. HOUGH & CO. 225 East Robinson Street, Suite 465 Orlando, Florida 32801-4322 """ PH (904) 366-2455 PH (904) 356-2986 E-ML: rfreeman@ssd.com PH (954) 596-6901 FX (954-596-6908 E-ML: paul. vincent 1 (@firstunion.com PH (407) 422-5161 FX (407) 422-5659 E-ML: bleedy(@hough.com ..-" '-' AGENDA REQUEST ~ ITEM NO. e, 8B DATE: Oct. 23, 2001 REGULAR [] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Adopt Budget Resolution 01-256 to establish the Academy Drive MSBU budget. BACKGROUND: The Academy Drive MSBU project has progressed to the point where an initial budget can be established. This project will fund the costs necessary in bringing potable water improvements in the subdivision. This MSBU project also has been selected as one that meets the criteria of the MSBU in-house loan program. Staff requests the Board's adoption of the MSBU budget to facilitate the project construction. FUNDS AVAILABLE: See attached Budget Resolution 01·256. PREVIOUS ACTION: June 13, 2000 - Board accepted petition and granted permission to advertise the Initial Public Hearing. July 18, 2000 - Initial Public Hearing held; Board created MSBU and authorized County Engineer to proceed with project. December 5, 2000 - Board stated its intent to use uniform method of collecting non ad valorem special assessments. August 21, 2001 - Board granted permission to advertise 2nd Public Hearing September 18, 2001 - Board adopted Resolution 01-203 to levy non ad valorem assessment and approved funding the project using the MSBU In- house Revolving Loan Program. October 16, 2001 - Board approved request to advertise for a public hearing to establish transfers between funds. RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 01-256 establishing the budget for the Academy Drive MSBU project. County Attorney: XX fl;¡' I Coordination/Siq natures Management & Budget: XX TJ!J ¡iì/1i0 Purchasing: COMMISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: Orig Dept: Central Services: Other: ~ 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 TOO 561-462-1428 at least forty-eight (48) hours prior to the meeting. .~ ~ """" RESOLUTION NO. 01- 256 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, an establishment of the Academy Drive MSBU budget has been determined through County's Revolving Loan fund. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. 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 23RD day of October, 2001,. pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2001-2002, and the County's budget is hereby amended as follows: REVENUES 370001 -0000-387000-000 APPROPRIATIONS 370001 -4115-534000-3814 370001 -4115-563008-3814 370001 -4115-549114-3814 Advance In $16,725 Other Contractual Srvc Improv oft Bldgs-Advertising Gen and Administrative Fees $13,860 $ 200 $ 2,665 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson XXX Commissioner Doug Coward, Vice Chairperson XXX Commissioner Paula A. Lewis XXX Commissioner Cliff Barnes XXX Commissioner John D. Bruhn XXX PASSED AND DULY ADOPTED THIS 23'd DAY OF OCTOBER, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY or ~ '-'AGENDA REQUEST ....., ITEM NO. C-g DATE: October 23, 2001 CONSENT [X REGULAR PUBLIC HEARING [ ] Leg. [ Quasi-JD. TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Public Safety PRESENTED BY: Jack Southard Director SUBJECT: Authorize the Chairman of the St. Lucie County Board of County Commission to sign the three original grant agreements for the Florida Fish and Wildlife Conservation Commission Division of Law Enforcement Derelict Vessel Removal Grant Program. BACKGROUND: On November 27, 2000, a Florida Fish and Wildlife Conservation Commission Officer informed staff that there is a Derelict Vessel in the North Fork of the St. Lucie River that should be removed for public safety reasons. On April 24, 2001/ the BOCC approved the submission of a grant application to the Florida Fish and Wildlife Conservation Commission for funds to assist with the removal of derelict vessels. The $2,200 grant would be used to remove a 30/ sailboat from the North Fork near Club Med. The grant requires no match and little staff time. The County will contract the removal of the boat and the FFWCC Law Enforcement Officer will photograph the process and provide confirmation forms to ensure the disposal of the boat is completed correctly. FUNDS AVAIL. : Matching funds are not required for this grant application. PREVIOUS ACTION: On April 24, 2001/ the BOCC approved submitting a grant application to the Florida Fish and Wildlife Conservation Commission Division 0:" Law Enforcement Derelict Vessel Removal Grant Program. RECOMMENDATION: Staff recommends that the Board authorize the Chairman of the St. Lucie County Board of County Commissioners sign the three grant agreements for the Florida Fish and wildlife Conservation Commission Division of Law Enforcement Derelict Vessel Removal Grant Program. [ X] [ ] APPROVED OTHER: DENIED Purchasing: Other: COMMISSION ACTION: County Attorney: Originating Dept: Finance: (copies 0 Mgt , Budget: J Public Works: AgeDereliaccp.doc FLORIDA FISH AN'!> WILDLIFE CONSER"ATION COMMISSION JULIE K. MORRIS Sarasota DAVID K. MEEHAN St. Petersburg H.A. "HERKY" HUFFMAN Deltona JOHN D. ROOD Jacksonville QlrnNTONL.HEDGEPETH,DDS Miami EDWIN P. ROBERTS, DC Pensacola RODNEY BARRETO Miami ALlAN L. EGBERT, Ph.D., Executive Director VICTOR J. HEUER, Assistant Executive Director DMSION OF LAW ENFORCEMENT COWNEL ROBERT L. EDWARDS, DlREcroR LT. COWNEL DON HOLWAY, DEPUIY DlREcroR LT. COWNEL JOHN W. WALKER. DEPUIY DIRECI'OR (850)488-6251 roD (850)488-9542 October 3, 2001 .~_... . I~ (, c' , .. , '¡ 1 C \ '1 I. _~ ' . .'-C_ .~,._. __... ' ., .__... ... _ .__ _,' - , . Mr. Jack Southard Public Safety Director St. Lucie County 101 North Rock Road Ft. Pierce, FL 34945 oor -,: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 Wildlife 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 one 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, ~ g~ùSY-¿~ Derelict es 1 Grant Specialist Boating Safety and Waterway Management Section /wh Enclosures 620 South Meridian Street· Tallahassee· FL' 32399-1600 www.floridaconservation.org '-' ..." FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DERELICT VESSEL REMOVAL GRANT AGREEMENT FWC GRANT NO 01021 THIS AGREEMENT is entered into between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, hereinafter referred to as the "COMMISSION", and St. Lucie County Board of County 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 3 76. I 5(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 follows: I. Definition. Scope and Quality 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 shall 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 01021 Page 1 of 9 , '-' ....,¡ 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 part(s) or accessories thereof, excluding the hull, not used in the construction of a pennitted artificial reef site. All such salvage activities nQt essential to the physical removal of a derelict vessel shall be accomplished after the vessel has been removed from public waters. The salvage value òf each vessel shall be deducted by the GRANTEE when detennining the removal and disposal costs for each derelict vessel. I. The GRANTEE agrees that all work shall be perfonned satisfactorily as detennined by the COMMISSION by competent employees experienced and qualified to do the work specified in this Agreement, and that all wOFk will be perfonned 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 of the 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. 1. 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 subcontracted, 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 COMMISSlON. 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#01-13 FWCC 01021 Page 2 of 9 2. 3. "- ..." m. Should the rightful owner be discovered, the GRANTEE shall make a reasonable 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. In 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 Chaol!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 DrOl!reSS reDorts 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 $2-,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 l(h). Salvage recovery must be documented DV#01-13 FWCC 01021 Page 3 of 9 '-' ....., as required by the COMMISSION. Reimbursement under this Agreement does not include travel or any administrative costs. The COMMISSION's perfonnance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. b. The request for compensation shall 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 rem oval report entitled "Incident/Summary Report Narrative", (FWC/DLE-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 fonn entitled "Disposition Certification" for Derelict Vessels completed, and notarized. c. Up to two invoices may be allowèd under this Agreement. Under existing budget authority. the first invoice must be received no later than June 1.2002. to assure the availability of funds for payment. A second and final invoice date may be offered by the COMMISSION, at its discretion, ¡fbudget authority is certified forward as outlined in the Tenn of Agreement section, and contingent upon satisfactory perfonnance to date by the GRANTEE. d. Only eligible costs identified in the Grant and Contract Accountability Policy shall be allowable. All 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 tenns and conditions must be completed by the COMMISSION, and payment will 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 Aereement The grant period shall begin on the date of execution, and end no later than November 1.2002. It is understood and agreed 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 beyond Mav 21. 2002. unless and until notified otherwise bv 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 tenn of the Agreement. 5. Monitorine The GRANTEE shall penn it 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. Liabilitv Each party hereto agrees 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#01-13 FWCC 01021 Page 4 of 9 "- ~ 7. Termination of A!!:reement a. This Agreement may be tenninated by either party, for failure to perfonn by the non- terminating party, by givinl!; 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 oftennination, the GRANTEE will not be reimbursed for any work perfonned after receipt of the written notice. . b. The COMMISSION shall have the ril!;ht to tenninate this Al!;reement and demand refund of Program funds in the event of fraud, willful misconduct, or any breach of tenns and conditions ofthis 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 2 I 6.2815, Florida Statutes, all records in conjunction with this Al!;reement shall be public record and shall be treated in the same manner as other public records are under general law. This Al!;reement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE 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 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. 10. Prohibit Lobbyine Exnenditure In accordance with Section 216.347, Florida Statues, this Agreement strictly prohibits the expenditure of Derelict Vessel Removal Grant funds for the purpose oflobbying the Legislature, the judicial branch, or a state agency. ll. FederalIFlorida Sin¡:le Audit Acts Reauirements Effective July l, 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 216.349l, Florida Statutes. In addition, recipients and subrecipients of federal financial assistance must comply with the Federal Single Audit Act requirements ofOMB Circular A-B3. Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment B, titled "Requirements of the Federal and Florida Single Audit Acts," attached hereto and made a part of the Agreement, as applicable. 12. COMMISSION Manal!ement of Al!reement The COMMISSION'S Project Manager is Boatinl!: Safety and Waterwav Management 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. DV#01-13 FWCC 01021 Page 5 of 9 '-' "-" 13. Correspondence Mailin!!: Addresses Any and all notices shall 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 Florida Fish and Wildlife Conservation Commission Division of Law Enforcement 620 South Meridian Street Tallahassee, Florida 32399-l600 l4. Public Entity Crime Vendors A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perforni 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 of 36 months from the date of being placed on the convicted vendor list. .15. Prohibition of Discriminatory 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. l7. Jury Trial Waiver As consideration of this Agreement, the parties hereby waive trial by jury in any 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 shall 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#OI-13 FWCC 01021 Page 6 of 9 '-' ....., 20. 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 tenns of this Agreement. 21. 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. 22. 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 COMMISSION. 23. Subcontractinl! The GRANTEE agrees to be responsible for the fulfillment 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 shall 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. 24. 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, finn or other business entity carrying out the provisions of this 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, INC. (P.R.I.D.E) which may be contacted at: P.R.I.D.E. l2425 28th Street North St. Petersburg, Florida 33716 Telephone: (727) 572-l987 25. Prohibition al!ainst Continl!ent Fees The GRANTEE warrants that it has not employed or retained any company or person, other than a bona fide employee working 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. Comolete Al!reement This Agreement contains the complete Agreement between the COMMISSION and the GRANTEE and, as of the effective date hereof, shall supersede all other agreements, communications or representations, either verbal or written, between the COMMISSION and the GRANTEE. DV#01-13 FWCC 01021 Page 7 of 9 '-" ..." 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 specifically 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#OI-13 FWCC 01021 Page 8 of 9 '-' ....., IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last below written. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Chairman or designee* Date Director, Division of Law Enforcement Date Title Name(Print) F ~ Approved as to fonn 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#Ol-13 FWCCOI021 Page 9 of 9 '"" """" ATTACHMENT A DERELICT VESSELS TO BE REMOVED LISTED IN ORDER OF PRIORITY Photocopy this page if additional forms are needed. Mark through rows not used on this form. FWC Estimated Length of Projected cost of Designated Disposal DV# Vessel Vessel Removal and Site (specify Disposal (where artificial reef or possible use bid as landfill location) estimate) \ç<)7 1 I 3cJ ( hCthJ+/ II I I I I I I I -- I I I I I I , I Grant Award Agreement # 0 / O~, (to be assigned by FWCC staff) -.-.. . .' '-" ...,.¡ ATTACHMENT 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 government or a non-profit organization as defined in OMB 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. EXHIBIT 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 OMB Circular A-133, as revised, will meet the requirements of this part. 2 in connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provide in Subpart C 0 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 OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300.000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 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 if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1 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. EXHIBIT 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)(tI). Florida Statutes, and Chapter 10.600, Rules of the Auditor General. / ....... ...", 3 If the recipient expends less than $300,000 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 fund~ (Le., 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 1 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 each 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 (f), OMB Circular A-133, as revised. 2 Pursuant to Section .320(f), OMS 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 \ '-' ~ 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, anèl 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 " B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 . 4. Copies of reports or management letters required by PART 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 accordance 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 of three 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. '-' "WfII EXHIBIT - 1 FEDERAL FUNDS A WARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None ST ATE FUNDS A WARDED TO THE RECIPIEN.T PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: , MATCHING FUNDS FOR FEDERAL PROGRAMS: None SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Agency: State Program Title: CSFA Number: GRANTEE: Amount: FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Derelict Vessel Removal Grant Program 77.005 SI. Lucie County $2,200.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None ~AGENDA REQUEST ....,; ITEM NO. C-10 DATE: October 23, 2001 CONSENT [X REGULAR PUBLIC HEARING [ ] Leg. [ Quasi-JD. TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Community Development SUBJECT: BACKGROUND: FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ X] [ ] APPROVED OTHER: County Attorney: Originating Dept: Finance: (copies only): PRESENTED BY: Dennis Mur Interim Directo Authorize the County Administrator to sign the grant application to the Florida Department of Environmental Protection (FDEP) Greenways and Trails Land Acquisition Grants Program for the White City Bridge Trail project on the North Fork of the St. Lucie River. In 1997, St. Lucie County submitted an application to the Office of Greenways and Trails for this 13-acre site. Although the project was approved for acquisition, the state did not have enough funds to purchase the White City Bridge Trail site. The attached map depicts the parcels along the North Fork of the St. Lucie River that will be resubmitted to the Greenways and Trails Acquisition Program. The Board of County Commissioners and the Environmental Lands Acquisition Committee have approved the submission of this project in the past and support the acquisition of critical parcels along the North Fork. For that reason, staff would Like permission to apply for matching state dollars to purchase the property. The required 50% match of approximately $200,000 will corne from the Environmentally Significant Lands account #382-3915-561000-300. On February 10, 1998, the Board approved signing a Multi-Party Acquisition Agreement with the Florida Department of Environmental Protection for this project. The State was in a transition from P2000 to the Florida Forever Program and did not have enougb. remaining funds in the P2000 program to purchase the property. Staff recommends that the Board authorize the County Administrator to sign the grant application to the Florida Department of Environmental Protection (FDEP) Greenways and Trails ',and Acquisition Grants Program for the White City Bridge Trail project. DENIED :fr Mgt & Budget: Public Works: Purchasing: Other: AgeGTwhitecity.doc '-' '-' White City Bridg,8 Trail ................... Project Boundary >- W .J 30 <C :r: I MIDWAY PI S.R. NO. 712 - . 1 . - - ,... w· w· e>: ,.. V1 z; ;;:; .... o <C o e>: w ::J Z w > ¡B D- B D Comm unity Development Geographic Information Systems Map revised April 14.1997 ~ N "'" ...., DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division MRMORANnnM TO: Jody Bonet, Grants Writer FROM: Diana Waite, Planner DATE: October 16,2001 SUBJECT: White City Bridge Trail - Florida Greenways and Trails Program Acquisition Application The proposed project lands were selected for purchase through the 1997 Office of Greenways and Trails application cycle. The project was funded and the County and State entered into a multi-part acquisition agreement on March 20, 1998. However, prior to reaching any agreement to purchase the County was notified the, which ended June 30,2000. On August 31, 2000, Greenways and Trails program notified us that they had a limited amount of funds available to finish up the Preservation 2000 program and the State would not be able to pursue the acquisition of parcels in the White City Bridge project. The previous White City Bridge Trail project, as the existing, includes five lots totaling approximately 13 acres along the waters of the North Fork of St. Lucie River Aquatic Preserve. The 1998 Florida Department of Environmental Protection, Office of Greenway and Trails and St. Lucie County's Multi-party acquisition agreement provided 100% state funding to purchase the project lands and designated the County responsible for preparing and ordering acquisition documents and conducting negotiations. The subject application requests 50% funding from the State with the local match (50%) provided from the County's Environmental Lands Bond fund. The County is also willing to assume acquisition responsibilities to assist will the purchase of the subject lands. Thank you for your consideration of the White City Trail Bridge project. If you have any questions please contact Diana Waite at (56l) 462-l577. · , ....... AGENDA REQUEST ......, ITEM NO. DATE: February 10, 1998 REGULAR [ ] PUBLIC HEARING ] CONSENT [X] TO:-BOARJ:? OF COUNTY COMMISSIONERS PRESENTED BY: SUBJECT: Request for Approval and Department of SUBMITTED BY(DEPT): Communitv Development BAtKGROUND: In May 1997, County staff prepared and submitted the White City Bridge Trail application requesting funding from the Florida Office of Greenways and Trails (OGT). The application has been approved and the project is on the 1997 OGT acquisition list and is currently funded. The attached Multi-Party Acquisition Agreement sets forth acquisition procedures and conditions that must be satisfied prior to disbursement of OGT funds. The agreement delegates acquisition responsibilities to St. Lucie County and provides for 100% reimbursement of the County's pre-acquisition and closing costs. The agreement must be signed and returned to OGT staff to begin acquisition of the project lands. FUNDS AVAIL.: Environmentally Significant Land Funds will be made available from account 382-3915-561000-300. The OGT will be reimbursing the County for funds expended on the purchase of lands within the project. PREVIOUS ACTION: On May 6, 1997, the Board of County Commissioners approved the submission of the White City Bridge Trail Application to the Office of Greenways and Trails. RECOMMENDATION: Approve the draft Department of Environmental Protection Office of Greenways and Trails Multi- Party acquisition Agreement for White City Bridge Trail Project. COMMISSION ACTION: [ ] APPROVED ( ] DENIED [ ] OTHER: CONCURRENCE: Douglas Anderson County Administrator Review and Approvals ~a~açe~en~ ~ 3udget o~haë:~ Purc"'as~~g Otha r : County Attorney: originating Dep~. Finance: (Check for C09Y only, i: ap9licab:e,___ Eft. 5/96 '-" ST. LUCIE COUNT\1' 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 October 23,2001 1. MINUTES . A. B. C. Approve the minutes of the meeting held August 14, 2001. Approve the minutes of the Tentative Budget Public Hearing held on September 6, 2001. Approve the minutes of the Final Budget Public Hearing held on September 13, 2001. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 46, 47, 48, 50, 51, 52, 53, 54, and NO.2 2. PUBLIC WORKS A Shoreline Stabilization at South Causeway Island - Consider staff recommendation to approve Find Agreement SL-01-30 ($224,668), Budget Resolution No. 01-004, Work Authorization No.5 (C-00-12-181) with Taylor Engineering, Inc. ($34,030), and authorize the Chairman to execute the documents. NOTICE: ,'\II 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 an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462- 1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-" ..- EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 14, 200l Tape: 2 Convened: 10:53 a.m. Adjourned: 10:53 a.m. Commissioners Present: Vice Chairman, Paula A Lewis, Doug Coward, Cliff Barnes, Chairman, absent; Frannie Hutchinson, John D. Bruhn Others Present: Doug Anderson, County Administrator, Heather Young, Asst. County Attorney, Ray Wazny, Public Works Director, Peter Keogh, Leisure Services Director, Bill Blazak, Utilities Director, A. Millie Delgado, Deputy Clerk 1. MINUTES It was moved by Com. Coward, seconded by Com. Hutchinson, to approve the minutes of the meeting held July 24,2001; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS Mr. Robert Anderson, area resident addressed the Board and suggested palm trees be placed on the beaches to enchance the area. 3. CONSENT AGENDA It was moved by Com. Bruhn, seconded by Com~ Hutchinson, to approve the Consent Agenda; and upon roll call, motion carried unanimously. 1. WARRANT LIST The District approved Warrant List No. 43 through 45. 2. PUBLIC WORKS Engineering/Geo Tubes Amendment No.1 to Work Authorization No. 1 with Taylpr Engineering- The District approved the amendment to increase the amount of compensation by $9,840 for the design and permitting ofthe GeoTubes and authorized the Chairman to execute the Work Authorization. There being no further business to be brought before the District, the meeting was adjourned. Chairman Clerk of Circuit Court -1- // '-" ...,¡ EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA TENTATIVE BUDGET PUBLIC HEARING FY 2001-2002 Date: September 6, 200l Tape: I Convened: 5:30 p.m Adjourned: 5:34 p.m. Commissioners Present: Chairman, Cliff Barnes, Doug Coward, Frannie Hutchinson, Paula A. Lewis, John D. Bruhn Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Marie Gouin, Management and Budget Director, Pete Keogh, Parks and Recreation Director, Ray Wazny, Public Works Director, A. Millie Delgado, Deputy Clerk 1. PUBLIC HEARING FOR THE EROSION CONTROL DISTRICT TENTATIVE BUDGET: No public comments . 2. MILLAGE AND BUDGETS FOR THE EROSION DISTRICT EROSION DISTRICT FUNDS MILLAGE BUDGET Erosion Operating Zone E 0.1000' 4,543,128 EROSION BOND I & S Zone A Zone B Zone C Zone D 0.0000 0.0000 0.0000 0.0000 3. BOARD DISCUSSION AND ACTION A. It was moved by Com. Coward, seconded by Com. Hutchinson, to adopt the Tentative Millage for Fiscal Year 2001..2001; and; upon roll call motion carried unanimously B. It was moved by Com Hutchinson. seconded by Com. Lewis, to adopt the Tentative Budget for Fiscal Year 200I-20C;'; and, upcn roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court . -'- ---- ~ ""'" EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA FINAL BUDGET PUBLIC HEARING FY 200l-2002 Date: September 13, 200l Tape: 1 Convened: 5:30 p.m Adjourned: 5:34 p.m. Commissioners Present: Chairman, Cliff Barnes, Doug Coward, Frannie Hutchinson, Paula A. Lewis, John D. Bruhn Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Marie Gouin, Management and Budget Director, Pete Keogh, Parks and Recreation Director, Ray Wa;my', Public Works Director, A. Millie Delgado, Deputy Clerk . 1. PUBLIC HEARING FOR THE EROSION CONTROL DISTRICT FINALBUDGET: No public comments 2. MILLAGE AND BUDGETS FOR THE EROSION DISTRICT EROSION DISTRICT FUNDS MILLAGE BUDGET Erosion Operating Zone E O.lOÖO 4,538,776 EROSION BOND I & S 5,450 Zone A Zone B Zone C Zone D 0.0000 0.0000 0.0000 0.0000 3. BOARD DISCUSSION AND ACTION A It was moved by Com. Bruhn, seconded by Com. Hutchinson, to adopt the FinafMillage for Fiscal Year 2001-2001; and, upon roll call motion carried unanimously B. It was moved by Com Coward. seconded by Com. Bruhn, to adopt the Final Budget for Fiscal Year 2001-2002; and, upon roll can, motion carried unanimously. There being no further business to be brought before t~e Board, the meeting was adjourned. Chairman Clerk of Circuit Court -1- '-" ...", 08/17/01 ST. LUCIE COUNTY - BOARD DATA F7.ABWARR WARRANT LIST #46- 11-AUG-2001 TO 17-AUG-2001 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 2,189.19 GRAND TOTAr:.: 2,189.19 PAGE 1 PAYROLL 2,343.24 2,343.24 08/24/01 FZABWARR FUND 184 . '-' ...., ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #47- 18-AUG-2001 TO 24-AUG-2001 FUND SUMMARY- EROSION TITLE EXPENSES Erosion Control Operating Fund 1,677.46 GRAND TOTAL: 1,677.46 PAGE 1 PAYROLL 0.00 0.00 08/31/01 F7.ABWARR FUND 184 '-' ,.." ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #48- 25-AUG-2001 TO 31-AUG-2001 FUND SUMMARY- EROSION TITLE EXPENSES Erosion Control Operating Fund 179.25 GRAND TOTAL: 179.25 PAGE 1 PAYROLL 2,343.24 2,343.24 09/14/01 FZABWARR FUND 184 , '-" ..." ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #50- 08-SEP-2001 TO 14-SEP-2001 FUND SUMMARY- EROSION TITLE EXPENSES Erosion Control Operating Fund 249.60 GRAND TOTAL: 249.60 PAGE 1 PAYROLL 2,343.24 2,343.24 09/21/01 FZABWARR FUND 184 '-' ..",,; ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #51- 15-SEP-2001 TO 21-SEP-2001 FUND SUMMARY- EROSION TITLE EXPENSES Erosion Control Operating Fund 2,543.74 GRAND TOTAL: 2,543.74 PAGE 1 PAYROLL 0.00 0.00 '-" ., 09/28/01 ST. LUCIE COUNTY - BOARD DATA PAGE 1 FZABWARR WARRANT LIST #52- 22-SEP-2001 TO 28-SEP-2001 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 1,232.85 2,343.24 GRAND TOTAL: 1,232.85 2,343.24 t 10/04/01 FZABWARR FUND 184 ..... ....., ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #53- 29-SEP-2001 TO 04-0CT-2001 FUND SUMMARY- EROSION TITLE EXPENSES Erosion Control Operating Fund 47.49 GRAND TOTAL: 47.49 f PAGE 1 PAYROLL 0.00 0.00 10/12/01 FZABWARR FUND 184 'w' 'WI ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #54- 05-0CT-2001 TO 11-OCT-2001 FUND SUMMARY- EROSION TITLE EXPENSES Erosion Control Operating Fund 2,020.54 GRAND TOTAL: 2,020.54 PAGE 1 PAYROLL '-' ..."", 10/15/01 ST. LUCIE COUNTY - BOARD DATA FZABWARR WARRANT LIST # 2- 06-0CT-2001 TO 12-0CT-2001 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 3,694.26 GRAND TOTAL: 3,694.26 PAGE 1 PAYROLL 1,206.77 1,206.77 - 'v, ¥ AGENDA REQUEST ....,., ITEM NO. C-2 DATE: October 23, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY: (~~~~~~~ County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Shoreline Stabilization at South Causeway Island: Approval of 1) FIND Agreement SL-01-30 ($224,668), 2) Budget Resolution No. 01-004, and 3) Work Authorization NO.5 (C-00-12-181) with Taylor Engineering, Inc. ($34,030). 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. The project scope for FIND Grant SL-95-18 was amended to allocate $16,000 towards this effort. 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. FDEP has agreed (letter attached) to utilize funds from an existing Grant (98SL 1) and cost share at 50% for the previous design/permitting efforts and future construction efforts. Matching funds for the FDEP Grant (98SL 1) will come from the new FIND Grant SL-01-30 ($224,668) and from the BOCC which recently allocated funds ($50,000-General Fund) during the Capital Planning Workshop. Work Authorization NO.5 (C- 00-12-181) with Taylor Engineering ($34,030) includes updating the construction plans and administration & inspection services during construction. FUNDS: Funds will be made available in the following accounts: FIND (SL-01-30): 184804-3710-563000-36204 ($207,653); FDEP:(98SL 1): 184203-3710-563000-36204 ($207,653) FIND (SL-01-30): 184804-3710-563005-36204 ($17,015); FDEP (98SL 1): 184203-3710-563005-36204 ($17,015) ST. LUCIE CO. : 184203-3710-563000-36204 ($50,000); FDEP (98SL 1): 184203-3710-563000-36204 ($50,000) Budget Resolution No. 01-004 appropriates the funds for the new FIND Grant. PREVIOUS ACTION: March 24,1998: WA No.1 with Taylor Engineering, Inc. approved for the South Causeway Island Design/Permitting March 24, 1998: FIND Grant SL-95-1 8 approved $16,000 in FIND funds for South Causeway Island Design/Permitting November 10,1998: FDEP Grant 98SL 1 (50% match) approved $3,930,750 in State funds for beach activities RECOMMENDATION: Staff recommends Erosion District Board approval of 1) FIND AgreementSL-01-30 ($224,668), 2) Budget Resolution No. 01-004, 3) Work Authorization NO.5 (C-00-12-181) with Taylor Engineering, Inc. ($34,030), and 4) the execution of said documents by the Chairman. t{] APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: [x]County Attorney /~ Coord ination/Slgnatures [x]Dept. Revenue cr:rtT~ n [x]Finance Dept.~ [x]Originating Dept. Public Works ~j '...' 4.\..,.../c [x]Co. Eng '-' ....., RESOLUTION 01-004 WHEREAS, subsequent to the adoption of the St Lucie County Erosion District's Budget, certain funds have become available from the Florida Inland Navigation District in the amount of $224,668 for the So. Causeway Shoreline Stabilization Grant WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Erosion District to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, in meeting assembled this 23rd day of October, 2001 pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2001-2002, and the Erosion District's budget is hereby amended as follows: REVENUES 184804-3710-337325-36204 Dept. of Environmental Prot-Physical $224,668 APPROPRIATIONS 184804-3710-563005-36204 184804-3710-563000-36204 Imp. OIT Bldg-Engineering Imp. OIT Buildings $17,015 $207,653 After motion and second the vote on this resolution was as follows: Chairman Clifford Barnes Vice Chairperson Paula A. Lewis Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 23RD DAY OF OCTOBER, 2001. ATTEST: EROSION DISTRICT ST LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\BUDGElì WPIResolutioDs\02-resoIIO] -04ErOSD.Wpd \w ..., FLORIDA INLAND NA VIGA TION DISTRICT PROJECT AGREEMENT PROJECT NO. SL-OI-30 This PROJECT AGREEMENT made and entered into this day of , 200_ by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the St. Lucie County Erosion Distirct. a s~ecial dependent distirct of the state of Florida., (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this Agreement and Rule 66B-2 of the Florida Administrative Code (Exhibit "A"), the DISTRICT has deteTItÚned to provide assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Shoreline Stabilization at South Causewav Island. Said project is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT headquarters. Any modifications to the PROJECT shall require advance notice to and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 1, 2003, unless the PROJECT period has been extended with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT period extend beyond three (3) years from October 1, 2001. The PROJECT SPONSOR acknowledges there are no provisions to cany over the DISTRICT assistance funding under this Agreement beyond September 30, 2004, and 1 "" ..., that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. Any request for extension of funding beyond the date set forth in the preceding paragraph shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July 1, 2003. This request will then be considered by the DISTRICT Board, whose decision shall be final. 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than Fifty percent (50%) of the PROJECT SPONSOR'S out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized PROJECT COSTS as shown in Exhibit Band meeting the requirements of Paragraph 5 below and shall not, in any event, exceed $224,668.00. 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under the Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be incurred and work performed within the PROJECT period, with the exception of pre- agreement costs, if any specifically identified in Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT. 2 '-' ...., 6. PRE-AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Project Agreement. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-24) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (IO%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit. A: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this Agreement. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT AMOUNT less any prior installment payments. The Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of 3 '-" "WI the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-23 (Exhibit E), and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph 17. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three- year retention period. 10. NONCOMPLIANCE - The DISTRICT shall have the right to reimbursement, either in whole or part as it may determine, of the funds provided hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph shall survive completion of the PROJECT. II. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. 4 '-' """" 13. STATUS REPORTS - The PROJECT SPONSOR'S LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Agreement. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local permits and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. IS. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. When such is required, adequate parking 'shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years after completion of the PROJECT, such dedication to be in the form of a deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in \\hich the PROJECT is located. 5 ""'" """" 17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location at the completed project which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this paragraph shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. 18. PROJECT MAINTENANCE - When and where applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 19. SOVEREIGN IMMUNITY - Each party hereto agrees 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 under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 20. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 6 '-" ..."" 21. RIGHTS AND DUTIES - The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otheIWise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express prior written consent of the DISTRICT. 22. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different provision. 23. NOTICE - Any notice required to be given pursuant to the tenus and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To PROJECT SPONSOR at: S1. Lucie County Erosion District Attention: County Engineer - 2300 Virginia Ave., Room # 229 Fort Pierce, FL 34982-5652 24. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 7 '-' ....., 25. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this document, other than another governmental entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRlCT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT, including but not limited to any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 27. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. 28. LITIGATION COSTSNENUE - In the event that the DISTRICT or the PROJECT SPONSOR institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post-judgment levels. The venue of any such litigation shall be had only in Palm Beach County, Florida. [This space intentionally left blank] 8 '-" """'" IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: DISTRlCT FLORlDA INLAND NAVIGATION By: CHAIR DATE: WITNESSES: PROJECT SPONSOR By: Title: DATE: 9 \w' """" EXHIBIT A CHAPTER 66B-2 - W A TERW A YS ASSISTANCE PROGRAM 66B-2.001 Purpose. 66B-2.002 Forms. 66B-2.003 Definitions. 66B-2.004 Policy. 66B-2.005 Funds Allocation. 66B-2.006 Application Process. 66B-2.0061 Emergency Applications. 66B-2.007 Application Form. 66B-2.008 Project Eligibility. 66B-2.009 Project Administration. 66B-2.0 10 Project Agreement. 66B-2.011 Reimbursement. 66B-2.012 Accountability . 66B-2.013 Acknowledgement. 66B-2.001 - Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created s. 374.976, Florida Statutes. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under s. 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. ~ ."" Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Fonnerly 16T-2.001. 66B-2.002 - Forms. All fonns for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Fonnerly 16T-2.002. 66B-2.003 - Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) "BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District(FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (9) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (10) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. 2 '-" ..." (11) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (12) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Dade Counties. (13) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (14) "PRE-AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (15) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (16) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (17) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (18) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (19) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (20) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (21) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (22) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a 3 ......... ...., first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (23) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (24) "WATERWAYS" means the Atlantic Intracoastal Waterway, all navigable rivers, bays, creeks or lagoons intersected by said waterway and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterway. (25) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Amended 9-2-92,2-6-97, Formerly 16T-2.003, Amended 5-17-98. 66B-2.004 - Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Member counties 4 "-" .."" may also be provided financial assistance, support, and cooperation in planning and carrying out beach renourishment and inlet management projects. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out beach renourishment and inlet management projects. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long- range dredge material management plan for that county. Navigation related districts may also be provided with assistance for environmental mitigation projects associated with waterway improvement related activities and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (2) The District will notifY by direct mail and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. 5 "-" .., (3) Approval of projects by the District shall be in accordance with these rules. (4) The District and the project sponsor shall enter into a project agreement prior to the release of program funds. (5) The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (6) The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. (7) The site of a proposed land-based development project shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion. Such dedication shall be in the fonn of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site may be joined as a co-applicant to meet this property control requirement. (8) Facilities funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. (9) The project sponsor shall not commence work on an approved project prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Pre-agreement expenses will be authorized if they are less than fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. (10) The project shall be completed within three (3) years of the date beginning of the District's first fiscal year for which the project was approved. If the completion 6 "-" ~ of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (11) Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of (1) the percentage total of project funding which the Board has agreed to fund, or (2) the maximum application funding assistance amount. (12) All project costs must be incurred and work perfonned within the project period as stipulated in the project agreement unless pre-agreement costs are approved by the Board. Pre-agreement expenses will be authorized if they are less than fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. (13) The project sponsor is responsible for obtaining and abiding by any and all federal, state and local pennits and regulations in the development of the project. (14) All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in s. 327.46(1), F.S., in detennining whether to approve the proposed boating speed zone. (15) The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and 7 '-' "-" improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (16) The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the tenns of the project agreement or this rule. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. (17) All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. (18) Public infonnation produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the publilc. Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History - New 12-17-90, Amended 2-3-94, 2-6-97, Fonnerly 16T-2.004, Amended 5-18-98, 3-31-99. 66B-2.005 - Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. If funds are determined to be available for the program, the District will notify potential eligible govermnental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Fonns No. 91-25 Waterways Assistance Program Application Evaluation and Rating Fonn, and 91-25A Waterways Assistance Program Navigation Districts Application Evaluation and Rating Form, (effective date 2-6-97) hereby incorporated by reference and available from the District office. 8 , '"'" ""'" (1) In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) per cent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, in counties that are recovering from a state of emergency declared under Chapter 252, Florida Statutes. (2) Financial assistance to seaports may exceed the proportional share öf the District's ad valorem tax collections as set forth in Section 66B-2.005(1) from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the ports activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in Section 66B-2.005(1) from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. (3) All financial assistance and support to eligible governmental agencies shall require equal matching funds from the project sponsor with. the exception of public navigation, law enforcement and environmental education projects. Project sponsors of public navigation projects shall provide matching funds of at least ten (10) per cent of the total cost of the project. Project sponsors of law enforcement and environmental education projects shall provide matching funds of at least twenty-five (25) per cent of the total cost of the project. All financial assistance to seaports shall require equal matching funds. (4) Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty per cent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an 9 ¡ '- ......, inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F .S. Additionally, the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management 1. Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to s. 161.161, F.S. Inlet management projects that are detennined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment 1. All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. The detennination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with s. 161, F.S. (5) Eligible projects or project elements in the categories of public navigation, law enforcement and environmental education include: (a) Public navigation 1. Navigation channel dredging 2. Navigation channel lighting and markers 3. Waterway signs and buoys for safety, regulation or infonnation (b) Law enforcement I. Waterways boating safety programs 10 '-" '-' 2. Law enforcement and boating safety equipment (c) Waterways Related Environmental Education 1. Environmental Education Programs Waterways related environmental educational programs shall consist of coordinated efforts among the local community, the local school district and local governments. Eligible programs shall be available to the general public or a targeted segment of the general public. The curriculum for an eligible program shall be coordinated with the District, the local community, the local school district and local governments and shall be directly related to the environment of the waterways. 2. Environmental Education Facilities Eligible environmental educational facilities shall include buildings used for waterways related education and accessory facilities such as boardwalks, docks, signs, pavilions and other such structures that are directly utilized for education. Structures having environmental education signage but not adjacent to or associated with an environmental education facility shall not be considered a waterways related environmental education facility for the purposes of this rule section. Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History - New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-98. 66B-2.006 - Application Process. (I) Applications for assistance through this program shall be submitted during the authorized submission period, which is from March 1st through May 1st of each year, unless modified by vote of the Board at a scheduled meeting. The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Resolution Form No. 90-21 (effective date 12-17-90) hereby incorporated by II '-" ....,¡ reference and available from the District office located at 1314 Marcinski Road, Jupiter, FL 33477. (2) Applications will be reviewed by the local FIND Commissioner before being submitted to the District Office. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 4-12-95) and for compliance with the eligibility requirements of this rule. If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 4-12-95). When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. (3) Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. The applicant's presentation will at a minimum include a discussion of the applicant's answers to the Evaluation and Rating Criteria on Form No. 91-25. Following the presentations, the Board will review the applications and evaluate them using the Project Evaluation and Rating Form No. 91-25 (effective date 4-12-95) hereby incorporated by reference and available from the District office. (4) The total points awarded to each application by the Commissioners will be averaged to determine an applications final rating score. The fmal rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 12 '-' 'WI points and two-thirds of the Commissioners vote for reconsideration of the application. (5) The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Amended 9-2-92,6-24-93,4-12-95, Fonnerly 16T-2.006. 66B-2.0061 - Emergency Applications. Emergency applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Specific Authority 374.976(2) FS. Law Implemented 374.976(\) FS. History - New 6-24-93, Amended 2-6-97, Fonnerly 16T-2.0061. 66B-2.007 - Application Form. Florida Inland Navigation District Waterways Assistance Program Application Form Number FIND 90-22 (effective date 4-12-95) and 93-22A (effective date 4- 12-95) are hereby incorporated by reference and available from the District office. All applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22. All applications for fmancial assistance and support through this program from navigation related districts shall be made on Form Number FIND 93-22A. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Amended 6-24-93,2-3-94,4-12-95, Fonnerly 16T-2.007. 13 i '-" '-' 66B-2.008 - Project Eligibility. (1) Financial assistance and support through this program shall be used to plan or carry out public navigation, public recreation, environmental education, boating safety, spoil site acquisition directly related to the waterways, inlet management, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, improvement, operation or maintenance of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging 2. Public navigation aids and markers 3. Public boat ramps and launching facilities 4. Public boat docking and mooring facilities 5. Public shoreline stabilization 6. Inlet management projects that are a benefit to public navigation in the District 7. Waterway signs and buoys for safety, regulation or information 8. Public spoil disposal site development 9. Waterways related environmental education programs and facilities 10. Public fishing and viewing piers 11. Public waterfront boardwalks 12. Waterways boating safety programs and equipment 13. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project 14. Other waterway related projects. 14 '-' "wi (b) Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, land acquisition and any extraneous recreational amenities not directly related to the waterway such as the following: I. Landscaping 2. Park and playground equipment 3. Restrooms for non-waterway users 4. Tennis courts 5. Roadways providing access to non-waterway users 6. Parking areas for non-waterway users 7. Utilities for non-waterway related facilities 8. Lighting for non-waterway related facilities 9. Irrigation equipment 10. Maintenance equipment 11. Picnic shelters and furniture. 12. Vehicles to transport vessels. (c) Subject to approval by the Board of an itemized expense list: 1. The following project costs will eligible for program funding or as matching funding: a. Project management, administration and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. 2. The following project costs will be eligible only as matching costs and can not exceed fifteen (15) percent of the applicants match: a. Applicant's non-recurring personnel costs; b. Applicant's equipment costs; c. Applicant's in-house project management administration and inspection costs; 15 '-" '...I d. Applicant's in-house design, permitting, planning, engineering or surveying costs for completed construction project; e. Applicant's other in-kind services. Before reimbursement is made by the District on any of the costs listed in subsection I. or 2. above, a construction contract for the project, approved and executed by the project sponsor and project contractor, must be submitted to the District. (d) Applications for eligible waterway projects which include construction elements below mean high water will be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work will be submitted along with the Phase I application for Board review. Applicants for Phase II funding will demonstrate that the environmental permitting element of Phase I will be completed prior to the tentative approval date of funding for Phase II. Should the environmental permitting element of Phase I of an application for a construction project not be completed by the District's meeting where tentative funding decisions for this program will be made, the Phase II project will not be considered for funding. An applicant may file a petition pursuant to the rule waiver procedures of s. 120.542, F.S., and Chapter 28- 104, F .A.C., to extend the date for receipt of the required environmental permits. Petitions filed pursuant to this rule section should be submitted to the District no later than July 1st to facilitate the orderly process of this program and the preparation of the District's fiscal year budget in which the assistance funds will be included. The District will not deviate from the funding schedule, whereby funding decisions are completed at the final TRIM hearing, to accommodate any applicant filing a petition after that date. (2) The Board will make all final decisions on the eligibility of a Project or specific project costs. 16 '-'" 'wi Specific Authority 374.976(2) FS. Law Implemented 374.976(1) - (3) FS. History - New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31- 99. 66B-2.009 - Project Administration. The District will administer all funded projects through an executed project agreement. The District will appoint a project manager who shall be responsible for monitoring project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) A project agreement will be executed between the District and the project sponsor. (2) The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. (3) The liaison agent may submit periodic reimbursement requests during the project period. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (4) Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (5) Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-23 (effective date 12/17/90) hereby incorporated by reference and available from the District 17 '-" "wtI office, which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation of the sign required by s. 66B-2.013. (d) Photograph(s) of the completed project clearly showing the program improvements. (6) The project manager will review the project completion package and will authorize or reject the final reimbursement payment, which will include all retained funds from previous requests. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Formerly 16T-2.009. 66B-2.01O - Project Agreement. (1) For each funded project, the District and the project sponsor will enter into a project agreement setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. (2) All proposed changes to the project agreement must be submitted to the District in writing. by the project sponsor accompanied by a statement of justification for the proposed changes. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (3) All project agreement amendments shall be approved by the District board except that the executive director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's 18 '-' ..., category nor result in a reallocation of more than 35% of the approved funding of the project among project elements. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Amended 9-5-96, Fonnerly 16T-2.010. 66B-2.0ll- Reimbursement. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-24 (effective date 6-24-93) hereby incorporated by reference and available from the District office. (1) All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (2) The District shall retain ten per cent of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (3) The final reimbursement check shall be presented by a District representative to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (4) In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Amended 6-24-93, Fonnerly 16T-2.011, Amended 3-31-99. 19 '-' ..." 66B-2.012 - Accountability. The following procedures shall govern the accountability of program funds: (1) Each project sponsor is responsible for maintaining an accounting system that meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) The project sponsor shall submit quarterly project status reports to FIND during the project period. These reports will summarize the work accomplished since the previous report; problems encountered, percentage of project completion and any other appropriate infonnation. (3) All required final completion certification documents and materials as outlined in s. 66B-2.009(5) of this rule shall be submitted to the District prior to final reimbursement of program funds. (4) All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expir~tion öf the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Fonnerly 16T-2.012. 20 '-" "wi 66B-2.013 - Acknowledgement. F or all land-based projects, the project sponsor shall erect a permanent sign, approved by the District, in a prominent location at the completed project, which indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Fonner1y 16T-2.0l3. 21 '\w' ""'" EXHffiT B FLORIDA INLAND NA VIGA TION DISTRICT WATERWAYS ASSISTANCE PROGRAM PROJECT COST ESTIMATE (See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios) PROJECT TITLE: Shoreline Stabilization Proiect for South Causeway Island APPLICANT: St. Lucie County Erosion District Project Elements Quantity Estimated Applicant's FIND (Number and/or Cost Cost Cost Footage) Mobilization and 1 Demobilization LS $3,600 $l,800 $1,800 Foundation 1 Preparation LS $5,500 $2,750 $2,750 Filter Fabric 3875 SYD $6,200 $3,100 $3,lOO Bedding Stone 816 TONS $60,000 $30,000 $30,000 Armor Stone 4,290 TONS $325,000 $162,500 $l62,500 Concrete Walkway 1,362 SYD $ 32,500 $l6,250 $l6,250 Handrail l,225 LF $ 31,500 $23,232 $8,268 Sodding 410 SYD $ 700 $ 700 $0 Sub-Total Estimate $465,000 $240,332 $224,668 ConstructionÆngineeringlInspection $ 35,000 $ 35,000 $ 0 TOTALS $500,000 $275,332 $224,668 Fonn No. 90-25 (New 10/l4/92) '-' 'wi EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Matching Funds Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project Sponsor, as of October 01, 2000, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated October 2001. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Fonn No. 95-0 I New 9/9/95 '-'" EXHIBIT D 'wi FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT NO.: BILLING NO.: PROJECT SPONSOR: Amount of Assistance All Funds Previously Requested Balance Available Jr Funds Requested Less Retainage (10%-unless final) Check Amount Jr Balance Available Less Check Amount Balance Remaining Jr = SCHEDULE OF EXPENDITURES Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "B") Check No. Total Vendor Name and Date Cost Applicant Cost FIND Cost FIND - Form No. 90-24 Rev. 6/24/93 FIND - Form No. 90-24 Page Two (NOTE: Signature Required on Page 2) '-"' ..., EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "8") Check No. Total Vendor Name and Date Cost Applicant Cost FIND Cost Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "8" of the Project Agreement. Project Liaison Date FIND - Form No. 90-24 Rev. 6/24/93 "'" ....., EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Project Completion Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project was completed in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and dated , 20_, and that all funds were expended in accordance with Exhibit "B" and Paragraph 1 of the Project Agreement. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Fonn No. 90-13 Rev. 12/17/90 ~ ...." EXHIBIT F WATERWAYS ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: REPORT PERIOD Oct I-DEC 15 Report Due: (Dee 31) Dee 15-Mar l_ Mar I-June 15_ June 15-Sep 1 (March 15) (June 31) (SepI5) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Fonn No. 95-02 ...... ....,¡ EXHIBIT G WATERWAYS ASSISTANCE PROJECT SCHEDULE OCTOBER 2001 - Project Agreement Executed, Project Initiates. DECEMBER 31, 2001 - First Quarterly Report Due. MARCH 15, 2002 - Second Quarterly Report Due. JUNE 30, 2002 - Third Quarterly Report Due. SEPTEMBER 15, 2002 - Fourth Quarterly Report Due. DECEMBER 29,2002 - Fifth Quarterly Report Due. MARCH 15, 2003 - Sixth Quarterly Report Due. JUNE 29, 2003 - Seventh Quarterly Report Due. NOTE: If project will not be completed and all close out paperwork submitted by September I st, a request for an extension of the completion date of the project should be submitted with the quarterly report. SEPTEMBER 3, 2003 - Closeout paperwork due. September 28, 2003 - District fmishes processing closeout paperwork, perfonns project inspection and submits final reimbursement check to sponsor. NOTE: Any modifications to the PROJECT shall require advance notice and prior written approval of the District. Appropriate timing for modifications to the project cost estimate, Exhibit C, would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit B may result in revocation of this agreement pursuant to Paragraph 11 of the project agreement. · ;. í) ~ ,. r_ . '-'" ..." EXHIBIT H FLORIDA INLAND NAVIGATION DISTRICT ~ "WI COO-12-181 (W A #5) WORK AUTHORIZATION Engineering Services Related to Shoreline Stabilization at South Causeway Island 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 afflxed 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: TAYLOR ENGINEERING, INC. BY: Print Name: Title: Date: H:/WP/MIscrrA YLOR.WA , , '-' ...,,; EXHIBIT A SCOPE OF SERVICES In general, our scope of services includes all work required to revise the construction plans and environmental pennit to reflect shoreline changes; and assistance to the County with bidding, contractor selection, construction observation, and contract administration. This work is discussed in detail below. Task 1. Design and Permit Revisions Revision of Engineering Design In recognition of the fact that changes have occurred in the site shoreline since the original survey work was done, we propose to resurvey the project area and revise the construction drawings to reflect current site conditions. Permit Modification Given the significant changes to the shoreline, we anticipate that the project environmental permits may have to be modified. Therefore, we have included time to coordinate with the regulatory agencies and to submit revised permit information. Task 2. Bid And Award Assistance with the Bidding Process We will be available in our offices in Jacksonville to assist the County with preparation of the bid packages, administration of the bidding process, and answering bidder's questions prior to bid opening. Our cost for this task does not include attendance at the bid opening. Pre-bid Meeting Our project engineers will attend the pre-bid conference. We assume that the pre-bid meeting will be held in the County offices or some other location convenient to the project to facilitate a visit to the project site for interested bidders. Bid Review and Contractor Selection Upon completion of the bid opening by the County, we will review the submitted bid documents and prepare and transmit written recommendations for contractor selection. Task 3. Construction-Phase Services Pre-construction Conference Our project engineers will attend the pre-construction conference with the contractor selected to construct the project. We assume that the pre-construction conference will be held at the County offices or some other location near the project site. In-office Contract Administration We will administer the construction contract from our offices here in Jacksonville. In-office duties will include reviewing the contractor's shop drawings and pay applications, providing oversight of the progress of the work, and communicating with the subconsultants and other parties involved with the work. '" ...., Attendance at Site by Engineer's Representative We assume that the County will provide its own on-site observation and inspection services for the construction of the project. Taylor Engineering's project engineers will make routine visits to the site to assist County staff with observation oversight and guidance. Our engineers will visit the site up to five (5) times as follows: one visit at the start of construction, up to three times during construction, and at the end of the construction during the final walk-through. · \w ,..." EXHIBIT B TAYLOR ENGINEERING, INC. WORK COMPENSATION SHEET P2000-046: S. CAUSEWAY ISLAND BIDDING & CONSTRUCTION PHASE SERVICES TASK 1: Design and Permit Revisions Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 0.250 380.00 Director 3.000 2.208.00 Staff Professional 9.000 4.680.00 Staff Technician 4.000 1,152.00 Administrative 0.375 150.00 Total Man-Days 17.625 Labor Cost 9.530.00 Non-Labor Units Cost Survey Subconsultant 1.0 2,860.00 Car Rental 1.0 75.00 Meal Allowance 2.0 30.00 Total Non-Labor Cost 2,965.00 Total Task 1 12,495.00 TASK 2: Bid and Award Labor Days Cost Task Totals R. Bruce Taytor, PhD. 0.375 570.00 Di rector 4.250 3,128.00 Staff Professional 1.500 780.00 Staff Technician 0.250 72.00 Administrative 0.500 200.00 Total Man-Days 7.125 Labor Cost 4.990.00 Non-Labor Units Cost Car Rental 1.0 75.00 Meal Allowance 2.0 30.00 T ota I Non-Labor Cost 105.00 Total Task 2 5.095.00 TASK 3: Construction-Phase Services Labor Days Cost Task T ota Is R. Bruce Taylor. Ph.D. 0.250 380.00 Director 14.750 10,856.00 Staff Professional 8000 4,160.00 Staff Technician 0.500 144.00 Administrative 1.125 450.00 Total Man-Days 24.625 Labor Cost 15.990.00 Non-Labor Units Cost Car Rental 6.0 450.00 Total Non-Labor Cost 450.00 Total Task 3 16,440.0 Project Total $ 34,030.00 P2000-046 S. Causeway revised for 2001 . , (/) Q) U '2: Q) (J') Q) (/) 1'0 ..I:: c.. c: ° :g :::I .... - (/) c: Q)o Uü c: 1'0'0 EC: .... 1'0 ü.g ~ ~Q):.c ,Qc..'O ..1::-'- )(occ WQ)- -c: ::J Q) "CE Q)- ..I::Q) U > (J')Q) a:: "C c: 1'0 (/) >. 1'0 ~ (/) :::I 1'0 ü ..I:: - :J ° (J') <: ::> ..., ~ '" ::¡; .a Q) u. <: '" ..., N o o N ,." '" '" I!! OJ o ã: 0- ::J "0 Æ o a: '" "" '" r:. õi <: êi; X w ~ '" E E ::> en "" '" '" l- e. ::J "0 Æ o a: o CD o > o Z .. c o ii ): .. a: c en CD ëñ ª~ """" '" VI '" '" 1-1- Q >. ~ ::> en N <: o ïñ oS; ~ <: OJ ,ñ Q) 10 <: .2 õí <: 'Ë o o U iJ' <: Q) OJ « '" ..,. '" '2 ! 'tI C '" 'tI ãi N "" VI '" I- . o .~ .. UI III = .I:: IL c o :¡o .. .5 (/) c o u ..; "" (/) '" I- "" (/) '" I- II) II) I!! - OJ õ. e en a. '" co õ ti 2 ;¡¡ <: o U >. ~ VI ::> "'~ uQ .<:!2? -0 5~ enQ) ::> ijl- Q) .. .-Q) 0- ~ '" a.o .... ~ '" E E ::> en Õ Q) 'õ' ã: 0. en 0- ::J "0 Æ o a: -0 CD <: .9 '" Æ ~ 0- ::J 'tI Æ o a: . ai :; 'C ( ) .s::: U '" c: .2 Õ ~ ... ëií c: 8 '" -... a Õ ~ ï:: a u r::: a ..... c: ( ) 'C r::: ( ) a. ( ) 'C .!!! ( ) "5 'C ( ) .s::: u en .æ a z Q) <: o ûî Æ ~ " , .... """'" Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 David B. Struhs Secretary Jeb Bush Governor August 29, 2000 œ ~ ;_~n~ ~¡œl ENGINEEriNG I Richard Bouchard, P.E. St. Lucie County Engineering Division 2300 Virginia A venue 2nd Floor Annex, Room 229 Fort Pierce, Florida 34982-5652 ....~._~_._, Dear Mr. Bouchard: SUBJECT: North and South Causeway Island Shoreline Stabilization This letter is in response to your request dated May 17, 2000 for state financial support on work that has previously taken place on the North and South Causeway Island Stabilization Projects. The Department has reviewed the information provided by St. Lucie County as it relates to shoreline stabilization outlined in Chapter 161, F.S. The County has requested $152,391 of expended funds be credited for the local cost share of these projects. Department staff has determined that $45,259 of these expenditures used for surveys, design, permitting and development of a mitigation plan directly relates to shoreline stabilization and are eligible for reimbursement. An additional $8,451 in County expenditures relating to Sod Installation and Removal of Cracked Concrete on the South Causeway may be eligible if sufficient justification can be provided. Pending submittal of invoices and proof of payment, the County could be eligible for reimbursement of fifty percent of the above mentioned project costs. The remaining activities in your request are not eligible under Chapter 16l, F.S. for state funding. The ineligible items include costs associated with parking improvements, aesthetic vegetation plantings and staff time. The County has also proposed additional engineering services that appear to be eligible project costs. These services include $25,531 associated with the bidding and construction management of the south causeway revetment, and $30,659 to conduct a feasibility study of a shoreline stabilization structure for the north causeway. Construction costs associated with the actual shore protection structures for the causeways will be eligible for cost sharing, but the County must submit competitive bidding information as required under Chapter 287, F.S., and receive state approval for all scopes of work. These requirements are written as standard language in our state contracts. Furthermore, ancillary features such as walkways and landscaping will not be eligible for reimbursement. /( ~.~ ,'{' p.r:)~ ,;:.-;-;:;,--; {r" Printed on re<yded poper. , , J .. .. . .., '-" Richard Bouchard, P.E. August 29, 2000 Page Two If you have any questions regarding the North and South Causeway Island reimbursement tabulations, please contact myself or Ms. Jackie Thompson at 850/487-1262. PEW/jt cc: Ken Pruitt, State Representative Terry E. Lewis, Lewis, Longman and Walker Kirby B. Green, DEP Deputy Secretary