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HomeMy WebLinkAboutAgenda Packet 10-09-01 '-" '-J Dta,({:) CcyJ~o OCTOBER 9, 2001 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION· Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an indi,idual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. :Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-" '-' www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Oiff Barnes District 1 District 2 District 3 District 4 DistrictS BOARD OF COUNTY COMMISSIONERS AGENDA October 9, 2001 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE vi. MINUTES Approve the minutes of the meeting held October 2, 2001. 2. PROCLAMATIONS / PRESENTATIONS / ANNOUNCEMENTS ¿ B. Resolution No. 01-241 - Proclaiming the month of October as "Head Start Awareness Month" in St. Lucie County, Florida. CP1LOf-cs) Announcement / The Oxbow Eco-Center will be open to the public, featuring the "Florida Your Backyard" Exhibit on October 27, and October 28, 2001. C. Announcement / The Board of County Commissioners will hold a workshop with the Department of Environmental Protection on October 9, 2001 at 3:00 pm in Conference Room 3 to discuss Watershed Management and its relationship to developing and implementing Total Maximum Daily Loads (TMDL) in the St. Lucie and Loxahatchee River Basins. (This meeting was rescheduled from September 11, 2001) D. Announcement / The St. Lucie County Legislative Delegation will meet Thursday, October 18, 2001 from 9:00 am to 5:00 pm in the County Commission Chambers. E. 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. NOTICE: All Proceedings before this Board are electronically recorded. !vIy person who decides to appeal any action t.!Ilœn by the Board at these meetings wi" 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. Arrj party to the proceedings will be granted the opportunity to cross-examine any individ·..1 testifying during a hearing upon request. !vIyone 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. .... '...I REGULAR AGENDA OCTOBER 9, 2001 PAGE TWO 3. GENERAL PUBLIC COMMENT vi CONSENT AGENDA PUBLIC HEARINGS Prima Vista Crossings / Development Agreement - This is the first of two required public hearings on this proposed Development Agreement. The purpose of the October 9,2001 public hearing is to present the draft Development Agreement and (it', " ' ,J-- accept any comments or input on the terms and provisions of the Agreement. The U.A-L¡Y\hv second public hearing on this agreement will be held on November 6,2001 at 7:00 (I r I. pm, or as. soon thereafter as possible. -:::tce ~ú1J:¡;JZ /'n~ t 1/ ~ / co I . v51f. A-I Roof Trusses, Ltd. / TEFRA Hearing - Consider staff recommendation to approve Resolution No. 01-240 as drafted. Qu.~ A··[')l.)- ~ ü ~:::- L~:':~::':)~kC) LL'~-cE~~(:,r M)ŽC Hearings ~' ')-0 COUNTY ATTORNEY v{A. piLb [IL rIc 6. ADMINISTRATION Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. ~CL'-'''li.) _7(L"'e-L',ÞC~ '{ìtc\.~.,-.1~ ,'c,c\..c..~ '~\-e~l\_ H'-C...J ..- C\{~-,L~:>") - ~d,-{\\l---k..hc',;)u ) I ~J--<,. ) -T'(c~~ l~ ,So p(L'~k(.'v'-C'-f. ~ l~L"'U(-td_... CI...L:.> Qt-- kCL>U4 I Qi\. e (r_¡:Jc r{c{) ~,,-,ìc'--'-~\'J \-~ ~'~\'-'L,-~J- -h_" C'C{,\,uV\;çS,'col..lrs t;{Ç '-Plc\')L"Q q\L(q ,\¡)'~. 'C)¡'<,--,C<.'" ':>,'ì\,\" l'-~' d-\{'--\(!.\.....¡'-,<.~-{,~'--/ iCDu,-)cc\nC. . ''10(",-- ",-- l\.\_c' (f U'\-ìÇ':<'- k) C'L-..1..-'--,-'---Z ~:;,O\'v,-- C:.s.L)\-<:'~ '? l.¡c ,-uktd,n~ . ('-- \,Lcl4L'-L "-~L~ v')£c' C < '-" ....,.¡ ~NSENT AGENDA ( October 9. 2001 ...!' q µ(~V ~~;) Cll(iM C~/;J 1. WARRANTS LIST Approve warrants list No. 53 and NO.1 2. PUBLIC WORKS A. Engineering / FDOT Regional Ponds - Consider staff recommendation to approve the Memorandum of Understanding between FDOT and St. Lucie County and authorize the Chairman to execute the agreement. B. Solid Waste / Bid 'Waiver and Sole Source Declaration - Consider staff recommendation to authorize the bid waiver and sole source declaration for Caterpillar to Kelly Tractor and for Rex and Volvo to 1. B. Smith, for the repair and purchase of parts for heavy equipment at the Glades Road Landfill. C. Solid Waste / Permission to Advertise - Consider staff recommendation to grant permission to advertise for bids on the abandonment of an artesian well located at the Glades Road Landfill. D. Solid Waste / Lechate Lift Station Rehabilitation - Consider staff recommendation to approve the September 6, 2001 proposal from Camp Dresser & McKee for providing professional services at the Glades Road Landfill in the amount of $66,570. E. Engineering / Keen Road Bridge Replacement Project - Consider staff recommendation to approve Change Order No. 2 and Final; accept the project; release retainage, and make final payment to Sheltra & Son Construction Company in the amount of $61,865.50. F. Road & Bridge / Bid No. 01-076 / Mowing Contract for U.S. 1 Median Maintenance - Consider staff recommendation to award the bid to Ecker's Lawn & Tree Service, and authorize the Chairman to sign the contract as prepared by the County Attorney. G. Engineering / South County Regional Sports Stadium - Consider staff recommendation to approve the reduction in retainage for Gerelco Electrical Contractors from $15,114.30 (10%) to $7,557.15 (5%) (~L\.L'-\ ¡L\)'L(~ \)t;A'H Engineering / South County Regional Sports Stadium - Consider staff N,v"'" eft, .,t;"7 recommendation to approve Change Order NO.2 For East Coast Sod and ~\"d'''. ~~~:~;~i~g.i..n..~he amoun.' ,Of $.33'2..9S.:~' b,ringingthe ~O:aJ ~omra;t t~L -1_ ~~y ~~',\:~(-n~~~~O~~gi:~~l£t~~~<;~~~ò~;~ ~;;:~:;~d~:t~;~~:~~ ~e~ L.~"D- Twig Lane, Lennard Road 1, 2, & 3, Revels Lane 1, and West 1"t Street Municipal Services Benefit Units (MSBU) - Consider staff recommendation to approve the agreements and authorize the Chairman to sign the agreements. '-' ...." CONSENT AGENDA OCTOBER 9, 2001 PAGE TWO 2. PUBLIC WORKS (CONTINUED) J. Solid Waste / Balefill /Recycling Facility Project - Consider staff recommendation to approve Payment No. 19 in the amount of $302,576.55 to Adams Robinson, for a decrease in retainage from $352,576.55 to $50,000. 3. PARKS AND RECREATION A. Equipment Request No. 02-151/ Budget Amendment No. 02-100 - Consider staff recommendation to approve the equipment request and budget amendment for the sole source purchase of a portable stage in the amount of $94,636 from Century Industries, Inc. B. Emergency Equipment Replacement - Consider staff recommendation to declare an emergency related to the removal, disposal and replacement of the fire curtain and repair of the staging equipment at the Civic Center, waive the bid process and award the bid for removal and disposal of the curtain to Occupational Health Conservation Inc. in the amount of $3,085.01, and the bid for stage equipment repair and replacement of the fire curtain to United Stage Equipment in the amount of $40,015, approve the project budget of $47,410.02, approve the contracts, and authorize the Chairman to sign. C. FRDAP Grant for Ancient Oaks - Consider staff recommendation to authorize the County Administrator to sign the application, and for staff to submit it by the October 12, 2001 deadline. 4. ADMINISTRATION Abbiejean Russell Care Center / Letter Agreement with Reingruber & Company, PA - Consider staff recommendation to approve the Letter Agreement and authorize the Chairman to sign the Letter Agreement. 5. COUNTY ATTORNEY í' A. Ordinance No. 01-22 / Economic Development Ad Valorem Tax Exemption ~'L<1.. J .l\\,L ) l¿..~ Application - Consider staff recommendation to grant permission to t.DL0C'-L'~ ¿l advertise the ordinance for a public hearing on November 13, 2001 at 9:00 t2x:,- ,--,~ ~ am, 0J.:, as soon tþereafter ,as possibl~. (). __ I. . \c~y. (:\L~~_,Y'L"J- --"¡ ---s,~'-->('-Yí()"'-"-¡iJ-.. L\..'--('-v.-.-t'lI~ _ ì CLC'-."T B. 51. Lucie County Sports Complex - Consider staff recommendation to approve the Abandonment of the July 18, 2000 Temporary Non-Exclusive Drainage Easement, approve the new Temporary Non-Exclusive Drainage Easement, authorize the Chairman to execute both documents, and direct staff to record the documents upon the completion and approval of the new Temporary Non-Exclusive Drainage Easement by the Public Works Director. '-' ...., CONSENT AGENDA OCTOBER 9, 2001 PAGE THREE 5. COUNTY ATTORNEY (CONTINUED) C' C. Savanna Club Property Owner's Association,' Inc. / License Agreement - '<-u.!/ )"\--:\)Ì'-J \.¿¡L~' Consider staff recommendation to approve the agreement, and authorize Co'-.'-·;cvlj.}~~f~J~Chairman to sign the agreement and record the agreement in the Public r5:\\.o"L~.) ~ , ".' í Records of St. Lucie County. -..... L",l 1........ C\.~ '""-- -f' -) ..j v'N'.i\t"j-.\"'ì'-' C> D. Environmental Consulting Services / Phase I - Environmental Assessment and Wetland / Delineation Phase II - Environmental Assessment - Consider the Review Committee recommendation to direct the County Attorney to negotiate contracts for Phase I with four respondents: Ardaman & Associates, R. L. Weight Environmental, B.S.E. Consultants, Inc., and Kimley- Horn and Associates, and for Phase II with two respondents: Ardaman & Associates, and URS. E. Revocable License Agreement - Silva/Kline / Indian River Drive Right of Way - Consider staff recommendation to approve the agreement, authorize the Chairman to execute the agreement, and direct .Ms. Silva and Ms. Kline to record the document in the Public Records of St. Lucie County, Florida. F. B & E Houck Enterprises, Inc. / First Addendum to Sublease Agreement with Mirabella Yachts, Inc. - Consider staff recommendation to approve the agreement, and authorize the Chairman to sign the agreement. G. Non-Exclusive Agreement Extension with R & R Corporate Systems, Inc. - Consider staff recommendation to approve the extension and authorize the Chairman to sign the extension. H. Heathcote Botanical Gardens Addition / Application for Conditional Use - Consider staff recommendation to approve the application, and authorize the County Administrator to sign the application. 6. COMMUNITY DEVELOPMENT Resolution No. 01-277 - Consider staff recommendation to approve the resolution in support of the City of Fort Pierce and unincorporated St. Lucie County residents in nominating the North Fort Pierce area as a federal Weed and Seed Site and a Front Porch Florida Community 7. INVESTMENT FOR THE FUfURE Engineering / 53rd Street Bridge over Canal C-25 Project - Consider staff recommendation to approve and authorize the Chairman to sign Change Order No. 1 in the amount of $3,200, resulting in a total contract amount of $146,361.50; accept the project; and release retainage in the amount of $14,103.65, subtract ($80) from the contract for failed laboratory tests, and make final payment to Sheltra & Son Construction, Inc. in the amount of $19,348.65 '-' "'" CONSENT AGENDA OCTOBER 9, 2001 PAGE FOUR 8. PUBLIC SAFETY First Amendment to June 12, 2001 Agreement with Watson Dispatch Furniture Contract No. C01-07-484 - Consider staff recommendation to approve the First Amendment and authorize the Chairman to sign the amendment. 9. MANAGEMENT AND BUDGET A. Budget Resolution No. 01-237 - Consider staffrecommendation to approve the resolution to appropriate and expend funds from the FDEP Airport Water System Improvement Grant II in the amount of $100,000. B. Budget Resolution No. 01-238 - Consider staff recommendation to approve the resolution to appropriate and expend funds from the FDCA Adopt-a- Beach Grant in the amount of $25,000. C. Budget Resolution No. 01-239 - Consider staff recommendation to approve the resolution to appropriate and expend funds from the City of Fort Pierce pass through FRDAP Savannas Grant in the amount of $90,000. D. Budget Amendment No. 02-101 - Consider staff recommendation to approve the Budget Amendment in the amount of $5,648 to payoff the additional principal and interest due on the Supervisor of Election's equipment loan from SunTrust Bank. E. Interfund Loan to South County Sports Stadium Project - Consider staff recommendation to approve the loan in the amount of $107,250 from the County Capital Fund to the South County Regional Sports Stadium Fund to be repaid through annual payments for pouring rights and advertising. 10. AIRPORT QL-L.~ì~~' S· A. Florida Department ofTransportation(FDOT) Joint Participation Agreement ---- ( (JPA) - Consider staff recommendation to accept to accept the agreement, Qi:l~Ùn\ authorize the Chairman to execute the agreement and Resolution No. 01- _/ 220 for construction of security fencing at St. Lucie County International /ì ~\ '. l AirpoIt. L . 'J '-" ~ '. . f \\jC oc~\. ~·b..::· d..,-<,,>. V'\.~''-l' '" 'lìl.'rc, ~.~r 7 \ B. Bid Award - Consider staff recommendation to award the base construction bid and alternate to R.A. Reymann, Inc. in the amount of $143,560 for the installation of security fencing at St. Lucie County International Airport. Oct [\ L~I.L <Hcc"d puJ/,Y)'í *X¿tKe.f l\ G:tcllLicJY !+v\Ofì ~ -+év;)C ê{)C~' . O'C' 'ì l-J. L..Ll' A,~ l ~D\..- -+0 l\1Clc~ ~\ CC./ ~l-U11 . C\..--'\W'C v' U$;v '-1)'\Ç.d \' {ì<j ." %to-d- . ......... ......1 . OCTOBER 9, 2001 9:00 AM BOARD OF COUNTY COMIvIISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGS'\'DA- 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 AGE'\'DA 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 HEARI:\GS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone 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. ADDRESSNG 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-AGE!\'DA ITEÌ\IS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COM~!E.L'JT - Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. ~Ieetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ~ BOARD OF COUNTY COMMISSIONERS ~ ..., \ John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Oiff Barnes District 1 District 2 District 3 District 4 District 5 www.stlucieco.gov AGENDA October 9, 2001 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held October 2, 2001. 2. PROCLAMATIONS / PRESENTATIONS / ANNOUNCEMENTS A. B. Resolution No. 01-241 - Proclaiming the month of October as "Head Start Awareness Month" in St. Lucie County, Florida. Announcement / The Oxbow Eco-Center will be open to the public, featuring the "Florida Your Backyard" Exhibit on October 27, and October 28, 2001. c. Announcement / The Board of County Commissioners will hold a workshop with the Department of Environmental Protection on October 9, 2001 at 3:00 pm in Conference Room 3 to discuss Watershed Management and its relationship to developing and implementing Total Maximum Daily Loads (TMDL) in the St. Lucie and Loxahatchee River Basins. (This meeting was rescheduled from September 11,2001) D. Announcement / The St. Lucie County Legislative Delegation will meet Thursday, extoÈer 18'd.2 01 from 9:00 am to 5:00 pm in the County Commission Chambers. f.V (} Announcement / The N vember 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. E. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings wiD need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings. individuals testifying during a hearing will be swom in. IVry party to the proceedings will be granted the opportunity to cross-examine any individ·,.1 testifying during" hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Man"ger at (561) 462-1777 or roD (561) 462·1428 at least forty-eight(48) hours prior to the meeting. "'-r "-I REGULAR AGENDA OCTOBER 9, 2001 PAGE TWO 3. GENERAL PUBLIC COl\lMENT 4. CONSENT AGENDA PUBLIC HEARINGS COUNTY ATTORNEY 5A. Prima Vista Crossings / Development Agreement - This is the first of two required public hearings on this proposed Development Agreement. The purpose of the October 9,2001 public hearing is to present the draft Development Agreement and accept any comments or input on the terms and provisions of the Agreement. The second public hearing on this agreement will be held on November 6, 2001 at 7:00 pm, or as soon thereafter as possible. 5B. A-I Roof Trusses, Ltd. / TEFRA Hearing - Consider staff recommendation to approve Resolution No. 01-240 as drafted. End of Public Hearings 6. ADMINISTRATION Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. ~ 'wi , CONSEt\fT AGENDA October 9, 2001 1. WARRANTS LIST Approve warrants list No. 53 and No.1 2. PUBLIC WORKS A. Engineering / FDOT Regional Ponds - Consider staff recommendation to approve the Memorandum of Understanding between FDOT and St. Lucie County and authorize the Chairman to execute the agreement. B. Solid Waste / Bid Waiver and Sole Source Declaration - Consider staff recommendation to authorize the bid waiver and sole source declaration for Caterpillar to Kelly Tractor and for Rex and Volvo to L. B. Smith, for the repair and purchase of parts for heavy equipment at the Glades Road Landfill. C. Solid Waste / Permission to Advertise - Consider staff recommendation to grant permission to advertise for bids on the abandonment of an artesian well located at the Glades Road Landfill. D. Solid Waste / Lechate Uft Station Rehabilitation - Consider staff recommendation to appron the September 6, 2001 proposal fropl Camp Dresser & McKee for providing professional services at the Glades Road Landfill in the amount of S66,570. E. Engineering / Keen Road Bridge Replacement Project - Consider staff recommendation to approve Change Order NO.2 and Final; accept the project; release retainage, and make final payment to Sheltra & Son Construction Company in the amount of $61,865.50. F. Road & Bridge / Bid No. 01-076 / Mowing Contract for U.S. 1 Median Maintenance - Consider staff recommendation to award the bid to Ecker's Lawn & Tree Service, and authorize the Chairman to sign the contract as prepared by the County Attorney. G. Engineering / South County Regional Sports Stadium - Consider staff recommendation to approve the reduction in retainage for Gerelco Electrical Contractors from S15,114.30 (10%) to $7,557.15 (5%) Engineering / 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. 1. Interlocal Agreements with the Property Appraiser and Tax Collector / Grey Twig Lane, Lennard Road 1, 2, & 3, Revels Lane 1, and West 1"t Street Municipal Services Benefit Units (MSBU) - Consider staff recommendation to approve the agreements and authorize the Chairman to sign the agreements. ...... '.J CONSENT AGENDA OCTOBER 9, 2001 PAGE TWO 2. PUBLIC WORKS (CONTINUED) ]. Solid Waste / Balefm /Recycling Facility Project - Consider staff recommendation to approve Payment No. 19 in the amount of $302,576.55 to Adams Robinson, for a decrease in retainage from $352,576.55 to $50,000. 3. PARKS AND RECREATION A. Equipment Request No. 02-151 / Budget Amendment No. 02-100 - Consider staff recommendation to approve the equipment request and budget amendment for the sole source purchase of a portable stage in the amount of $94,636 from Century Industries, Inc. B. Emergency Equipment Replacement - Consider staff recommendation to declare an emergency related to the removal, disposal and replacement of the fire curtain and repair of the staging equipment at the Civic Center, waive the bid process and award the bid for removal and disposal of the curtain to Occupational Health Conservation Inc. in the amount of $3,085.01, and the bid for stage equipment repair and replacement of the fire curtain to United Stage Equipment in the amount of $40,015, approve the project budget of $47,410.02, approve the contracts, and authorize the Chairman to sign. C. FRDAP Grant for Ancient Oaks - Consider staff recommendation to authorize the County Administrator to sign the application, and for staff to submit it by the October 12, 2001 deadline. 4. ADMINISTRATION Abbiejean Russell Care Center / Letter Agreement with Reingruber & Company, P A - Consider staff recommendation to approve the Letter Agreement and authorize the Chairman to sign the Letter Agreement. 5. COUNTY A TIORNEY A. Ordinance No. 01-22 / Economic Development Ad Valorem Tax Exemption Application - Consider staff recommendation to grant permission to advertise the ordinance for a public hearing on November 13, 2001 at 9:00 am, or as soon thereafter as possible. B. St. Lucie County Sports Complex - Consider staff recommendation to approve the Abandonment of the July 18, 2000 Temporary Non-Exclusive Drainage Easement, approve the new Temporary Non-Exclusive Drainage Easement, authorize the Chairman to execute both documents, and direct staff to record the documents upon the completion and approval of the new Temporary Non-Exclusive Drainage Easement by the Public Works Director. , '" '>wi CONSENT AGENDA OCTOBER 9, 2001 / J.M PAGE THREE V l 5. c. D. ATTORNEY CONTINUED Savanna Club Property Owner's Association, Jnc. / License Agreement - Consider staff recommendation to approve the agreement, and authorize the Chairman to sign the agreement and record the agreement in the Public Records of St. Lucie County. Environmental Consulting Services / Phase I - Environmental Assessment and Wetland / Delineation Phase II - Environmental Assessment - Consider the Review Committee recommendation to direct the County Attorney to negotiate contracts for Phase I with four respondents: Ardaman & Associates, R. L. Weight Environmental, B.S.E. Consultants, Inc., and Kimley- Horn and Associates, and for Phase II with two respondents: Ardaman & Associates, and URS. E. Revocable License Agreement - Silva/Kline / Indian River Drive Right of Way _ Consider staff recommendation to approve the agreement, authorize the Chairman to execute the agreement, and direct Ms. Silva and i\'ÍS. Kline to record the document in the Public Records of St. Lucie County, Florida. F. B & E Houck Enterprises, Inc. / First Addendum to Sublease Agreement with Mirabella Yachts, Inc. - Consider staff recommendation to approve the agreement, and authorize the Chairman to sign the agreement. G. Non-Exclusive Agreement Extension with R & R Corporate Systems, Inc. - Consider staff recommendation to approve the extension and authorize the Chairman to sign the extension. H. Heathcote Botanical Gardens Addition / Application for Conditional Use - Consider staff recommendation to approve the application, and authorize the County Administrator to sign the application. 6. COMMUNITY DEVELOPMENT Resolution No. 01-277 - Consider staff recommendation to approve the resolution in support of the City of Fort Pierce and unincorporated St. Lucie County residents in nominating the North Fort Pierce area as a federal Weed and Seed Site and a Front Porch Florida Community 7. INVESTMENT FOR THE FUTURE Engineering / 53rd Street Bridge over Canal C-25 Project - Consider staff recommendation to approve and authorize the Chairman to sign Change Order No. 1 in the amount of $3,200, resulting in a total contract amount of $146,361.50; accept the project; and release retainage in the amount of $14,103.65, subtract ($80) from the contract for failed laboratory tests, and make final payment to Sheltra & Son Construction, Inc. in the amount of $19,348.65 '-" ....., CONSENT AGENDA OCTOBER 9, 2001 PAGE FOUR 8. PUBLIC SAFETY First Amendment to June 12, 2001 Agreement with Watson Dispatch Furniture Contract No. C01-07-484 - Consider staff recommendation to approve the First Amendment and authorize the Chairman to sign the amendment. 9. lYIANAGEMENT AND BUDGET A. Budget Resolution No. 01-237 - Consider staff recommendation to approve the resolution to appropriate and expend funds from the FDEP Airport Water System Improvement Grant II in the amount of $100,000. B. Budget Resolution No. 01-238 - Consider staff recommendation to approve the resolution to appropriate and expend funds from the FDCA Adopt-a- Beach Grant in the amount of $25,000. C. Budget Resolution No. 01-239 - Consider staff recommendation to approve the resolution to appropriate and expend funds from the City of Fort Pierce pass through FRDAP Savannas Grant in the amount of $90,000. D. Budget Amendment No. 02-101- Consider staff recommendation to approve the Budget Amendment in the amount of $5,648 to payoff the additional principal and interest due on the Supervisor of Election's equipment loan from SunTrust Bank. E. Interfund Loan to South County Sports Stadium Project - Consider staff recommendation to approve the loan in the amount of $107,250 from the County Capital Fund to the South County Regional Sports Stadium Fund to be repaid through annual payments for pouring rights and advertising. 10. AIRPORT A. Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) - Consider staff recommendation to accept to accept the agreement, authorize the Chairman to execute the agreement and Resolution No. 01- 220 for construction of security fencing at St. Lucie County International Airport. B. Bid Award - Consider staff recommendation to award the base construction bid and alternate to R.A. Reymann, Inc. in the amount of $143,560 for the installation of security fencing at St. Lucie County International Airport. ~ 'WÌ BOARD OF COUNTY COMMISSIONSERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 2,2001 Tape: I Convened: 7:00 p.m. Adjourned: 8:20 p.m. Commissioners Present: Chainnan, Frannie Hutchinson, Doug Coward, Cliff Barnes, Paula A. Lewis, John Bruhn Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Ass1. County Administrator, Dan McIntyre, County Attorney, Paul Phillips, Airport Director, Bill Blazak, Utilities Director, Dennis Murphy, Interim Community Development Director, Ray Wazny, Public Works Director, Mike Bowers, Road and Bridge Manager, Sheriff Mascara, A. Millie Delgado, Deputy Clerk I. MINUTES (1-028) It was moved by Com. Coward, sèconded by Com. Bruhn, to approve the minutes of the meeting held September 25,2001; and, upon roll call, motion carried unanimously. 2. PROCLAMA nONS/PRESENT A nONS/ ANNOU7NCEMENTS A. Resolution No. 01-217- Proclaiming the week of October 7, 2001 to October 13, 2001 as "Mental Illness Awareness Week" in St. Lucie County. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve Resolution No. 01- 217; and, upon roll call, motion carried unanimously. ...., Ms. Joan Walker, representing the National Alliance for the Mentally III was present to accept the proclamation. B. The County Administrator introduced the new Purchasing Director, Michael Rath. . C. Announcement/ The Board of County Commissioners will hold a workshop with the Department of Environmental Protection on October 9, 2001 at 3:00 p.m. in Conference Room 3 to discuss Watershed Management· and its relationship to developing and implementing Total Maximum Daily Loads in the S1. Lucie and Loxahatchee River Basins. D. Announcement/The St. Lucie County Legislation Delegation wilL meet Thursday, October 18,2001 from 9:00 a.m. to 5:00 p.m. in the County Commission Chambers. E. 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. 3. General Public Comments None Com. Hutchinson requested item C-2C be pulled from the Consent Agenda for a separate vote. 1 '-' .....,¡ C-3B. Com. Bruhn questioned the difference iIi price between the lowest bidder and the second lowest bidder on item C-3B. Com. Coward requested this item be puiled. 'He concurred with Com. Bruhn and stated the difference was significant and if they could hold the original contractor accountable it would save the county about $40,000. The County Attorney suggested pulling this item and scheduling it for an appropriate time. 2-C. Florida Department of Transportati'on Advance Funding for West Virginia Corridor Project- Consider the request of the MPO to forward a request for advance funding to FDOT on behalf of the City of Port St. Lucie. Com. Hutchinson expressed her concerns with-the monies being provided for advance funding and the impact this funding would have on the off highway funding for many years in the future on scheduled projects; such as Lennard Road and Walton Road. However, for the record, she wanted everyone to know she did not oppose the West Virginia project. It was moved by Com. Coward seconded by Com. Lewis, to approve the request of the MPO; and, upon roll call, the vote was as follows: Nay: Com. Hutchinson (due to her concerns as stated); Aye's: Barnes, Bruhn, Lewis, Coward; motion carried 4 to 1. It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent Agenda with item C-2G and C-3B being pulled, and to include additions CA-l; and, upon roll call, motion carried unanimously. 1. Warrant List ...., The Board approved Warrant List No. 52. 2. Public Works A. Engineering/Orange Avenue (SR68) Widening from 1-95 to Angle Road/Roadway ,!.:ghting System Maintenance Agreement with FDOTlResolution No. 01-210~ Tne Board approved the resolution and agreement for the intersections of Orange Avenue and Jenkins Road and Orange A venue and Hartman Road, and authorize the Chairman to execute the agreement. B. Engineering/Orange Avenue (SR68) Landscaping Maintenance Agreement between 1-95 and Angle Road (33"1 St.) Resolution No. 01- 214- The Board approved the agreement and resolution' and authorized the Chairman to execute the agreement. C. This item was pulled for a separak vote. D. Road and Bridge/Bid No. 01-067/Mowing Contract for Subdivision No. 1- The Board approved awarding the bid to T & L Commercial Services in the amount of $72,300 for three years, and authorized the Chairman to SigD t1}('~ t,'rmtrar.t ~s prepared by the County Attorney. E. Road and Bridge/Bid No. OI-68/Mowing Contract for Subdivision No. 2. - The Board approved awarding tne bid to Dunn's Tractor Services in thc amount of $105,750 for three years, and authorized the Chairman to sign the contract as prepared by the County Attorney. F. Road and Bridee/Bid No. 01-074/Mowing Contract for Subdivision No. 3- The Bo?rd approv~d awarQing the bid to Greenscapes, Inc., in 2 09/28/01 FZABWARR FUND 001 001106 001111 001115 001130 001139 001140 001217 001243 001258 001259 001269 001809 001812 101 101001 101002 101003 101006 101211 102 1 "~001 '-' ......,,¡ ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #52- 22-SEP-2001 TO 28-SEP-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 DEP-Regional Attenuation Facility Child ern's Environ. Learning Center TDC Planning Grant FYOO/01 Emergency Mgmt. Prep & Asst. FY 00/ FDEP-Urban Mobile Lab Grant 01/02 SFWMD-Floridian Aquifer Well 01/04 C/S/C.Lakewood PK Ele Soccer Goals Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees FDEP Canal & Stormwater Retrofit Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund 107 Fine & Forfeiture Fund 107001 Fine & Forfeiture Fund-Wireless Sur 107002 Fine & Forfeiture Fund-E911 Surchar 127 Pine Hollow Street Lighting MSTU 140 Port & Airport Fund 145813 IRL SWIM Impound Rest IX 145814 2000-2001 Lagoon License Plate gran 160 Plan Maintenance RAD Fund 183 ~.Ct Administrator-19th Judicial Cir 183001 Ct Administrator-Arbitration/Mediat 183004 Ct Admin.- Teen Court 186 Recycling Operating Fund 186204 Recycling & Education Grant FYOO/01 262 Tourism Dey 4th Cent I&S Fund 304 Communication System Fund 310002 Impact Fees-Parks 310003 Impact Fees-Public Buildings 316 County Capital 316001 Transportation Capital 316101 Ocean Bay public access, dune crosso 362 Sports Complex Improv Fund 382 Environmental Land Capital Fund 388 Briargate MSBU Capital 389 Rouse Road MSBU Capital River Branch MSBU Capital 401 418 421 441 451 461 471 491 501 505 505001 510 606 611 615 620 625 673 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-Operat~n Building Code Fund Information Technology Fund Health Insurance Fund Property/Casualty Insurance Fund Service Garage Fund . Shared Pool Cash-Property Appralser Tourist Development Trust-Adv Fund Impact Fees Fund Law Enforcement Trust Fund Law Library S. Hutchinson Fund GRAND TOTAL: EXPENSES 511,507.67 73.00 910.00 594.00 4,844.24 33.56 1,800.05 3,325.00 99.83 578.68 14,001. 01 396.67 92.36 81.74 147,436.11 206.44 2,625.00 4,418.00 1,211.84 32,306.30 36,893.97 2,850.46 4,570.45 82,660.05 19,046.01 9,490.94 1,906.30 20,147.81 400.00 521.34 2,899.78 2,208.21 722.10 1,441.94 502.45 167.48 200,000.00 8,448.74 364.26 7,726.00 39,197.66 1,721.00 69,300.00 443.98 11,322.90 847.08 1,372.18 1,250.00 166,597.29 23,659.36 254.72 31,544.28 27,471.27 10,554.45 10,241.43 65,067.04 150,940.89 516,416.99 4,341.09 55,124.00 100,000.00 13,444.15 29,464.56 371,499.30 8,393.90 583.00 2,840,562.31 PAGE 1 PAYROLL 302,637.39 0.00 0.00 0.00 3,356.67 438.52 3,995.76 0.00 0.00 1,480.21 842.82 1,188.80 1,188.80 0.00 99,036.23 0.00 0.00 0.00 0.00 0.00 47,328.87 3,983.20 1,800.83 87,920.25 766.67 766.68 0.00 6,905.70 .Q.OO 0.00 2,314.58 3,577.05 1,088.19 2,673.73 T/9.21 259.74 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 32,654.11 18,886.33 174.05 3,551.11 601.37 8,210.84 3,975.99 21,472.05 71,807..86 3,055.55 1,707.53 8,417.54 0.00 3,271.88 0.00 0.00 0.00 0.00 752,116.11 '-' '-' the amount of $ I 17 ,4.40 forthree years and authorized the Chairman to sign the contract as prepared ,by ,tIle .County Attorney. G. Engineering/Keen Road Bridge Rf;placement- This item was pulled. H. Engineering/Rouse Road MSBU- The Board approved change order number I in the amount of$19,765. 3. Purchasing A. Crystal Springs Water Co. Contract for Bottled Water Services and Equipment RentalslPurchases- ,The Board approved the contract and authorized the Chairman to sign the contract. B. Bid No. 01-22 Roof Replacement - This item was pulled. 4. Utilities " A. North Hutchinson Island Wastewater Treatment Plant- The Board approved the Work Authorization with LBF& H Inc., in an amount not to exceed $75,000 for air quality improvements and plant modific!ltions a1];d authoriied the Chairman to execute the agreement. ,¡ " B. South Hutchinson Island Wastewater Treatment Plant- The Board approved the Work Authorization with Camp Dresser & McKee in an amount not to exceed $26,870 for renewal of the FDEP Operating Permit, and authorized the chairman to execute the agreement. 5. County Attorncy ", A. Save Living Center or Fort Pierce II, LLC/Permission to Advertise TEFRA 1-1 caring- ' The Board'approvcd advertising a TEFRA hearing on Octobcr 23, 2001 at 9:00 a.m. or as'soon thereafter as possible. B. Non-Exclusive Agreement Extensions with Country Cove Mobile Home Park and Wynne Development Corp. The Board approved the extensions and authorized thè Chairman to sign the extensions. C. Interlocal AgreêmentlPayment of Electric Utility Costs at Rock Road Jail - The Boárd approvèd the Interlocal Agreement and authorized the Chairman to sign the Interlocal Agreement. D. Middle Cove II Project IRestrictive Covenant for Frederick Douglas Park Parcel Donation- The Board approved the proposed restrictive covenant and authorized the Chairman to sign the document. 6. Airport Rent Abatements- The Board approved the use of $22,043 from Airport Contingency to cover October, 2001 rent abatements resulting from the shutdown of national airspace after the terrorist attack on the United States contingent that the dollars that are going back to the FPO will be passed on to the tenants. REGULAR AGENDA 5. Public Works 3 ""'" '-' A. Resolution No. 01-2l5~ Treasure Coast Dunes MSBU- Consider staff recommendation to adopt th!: resolution to levy a non-ad valorem special assessment on the Treàsure Cove/Ocean Harbor South MSBU, approve the attached preliminary assessment roll; and authorize staff to proceed with construction of the project. Mr. Roger Taber, single family homeowner requested he be assessed for one unit and the other four as constructed. He is in favor of the project. He is presently being assessed for the five units at one time. The County Attorney stated in the p2St the)' have allocated one ERC to the property, however, in the future it may cause difficulty in obtaining other ERC's due to the fact they may not be available. If the ERC is available, they would need to pay the cost. If the property owner understands this, then it can be done. It may be more costly in the long run. The County Attorney suggested approving the a~~essment role and reducing Mr. Taber's ERC to one. . Mr. Taber stated he understood what would be needed should the balance of his property be developed in the future. The County Attorney suggested approving the preliminary assessment role amended to reflect the change in ERC 's for Mr. Taber's property from 5 to I. It was moved by Com. Lewis, seconded by Com. Bames, to approve Resolution No. 01- 215 as amended to reduce the number ',:If ERe's for Mr. Taber from 5 to 1.; and, upon roll call, motion carried unanimously. . B. Community Development/Resolution No. 01-136/Liberty Baptist Church- Consider staff recommendation to approve the resolution granting a Conditional Us~ .Pennit, subject to cited conditions contained therein, to allow for educational services as an accessory use to a religious facility. ..... Com. Coward stated he wanted to clarify for the record that the last discussion the Board had on this issue they expressed that they were clearly in support of the project. However, the only issue of concern was whether there would be a need for a designated school zone on Midway Road. Wallace Cooley, Pastor Liberty Baptist Church stated a school zone at this time is not an issue and he is not anticipating it to be an issue in the future. However, he cannot say that it would not be required some time in the future. He does not have any intension on doing so with this property at this time. . Ms. Deb Pierce, Lloyd, Hoskins and Pierce, addressed the Board referencing the documented facts and the standards of the Code. , II was movcd by Com. Lewis, seconded by Com. Bruhn, to approve Resolution No. 01- 136 subject to the cited conditions; and, upon roll call, motion carried unanimously. 6. Airport/Parallel Runway 9L27R Project- Consider staff recommendation to approve the Scope of Work with HNTB in the amount of $277,000 for the preparation of an Environmental Assessment. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, motion earried unanimously. BOARD COMMENTS 4 '-' '-' ~ / ,i' ...., '-' '--' Com. Bruhn stated, "I'd like to discuss the Port for a minute, maybe give staff direction on what we would like them to do or to take any action". Com. Hutchinson stated the following, "Before we get on that I need to put something on record, before that discussion takes place, in light of some of the articles that have been in the newspaper, and the supposed assumed conflict of interest on my part, w&s being assumed, I have been in contact and meeting with the County Attorney and I want it on record tonight, that there is no conflict of interest on my part whatsoever. I am free to vote on any issues or discuss, the issue of the Port, I've confinned that through my brother Pudge Guettler, and also through Lloyd Bell. After talking with the County Attorney, I am going to ask him to go into more detail on voting conflicts and requirements State Statutes as far as voting as a Commissioner". The County Attorney stated" The !"w is quite clear that a person in an elected position may only abstain if there is a special private gain to themselves or certain specified relatives which would include a father, brother, sister, spouse, child I think, but, they are actually, you not only have to have a special private gain, but you have to know, there is a requirement that you know, just as an example, if you didn't even know that there is a special private gain, that would certainly not fall within the statute. As I understand it from our conversation, you've detennined from your relatives that may have had a relationship with Mr. Bell or may not, there is no relationship that would relate to the Port property that nobody or yourself or any relative that is named in the statute would have any private gain as a result of the any action the county would take or not take. Based on that, there is no voting conflict. Going further, the statutes also provide that the Board mcmbers mllst vote. There is not discretion you must vote, you may not abstain, unless you have an active or potential conflict of interest. The statute is pretty clear on that. If there is no conflict, and as we have discussed, there is no conflict that I am aware or you are aware of, you have no option, you must vote". ....., Com. Hutchinson, "Thank you". Com. Bruhn stated, "Madam Chair, I am a finn believer in property rights for individuals, in relation to the Port, I have been waiting for a private entity to negotiate the construction, purchase of the Port and it does not look like it is going to work. We got a very good business that wants to come to the Port and I think that maybe we need to get more involved in the negotiations, maybe with Mr. Bell and Mr. Larsen and see if the Board wants to give staff the authority to negotiate. with them and have Mr. McIntyre give us some infonnation on what we can do about leasing the property or purchasing the property or even to the point of condemnation if we had to, cause I think we need to move a little faster on this and set a date like November 15th or December I sl for us to decide what we want to do with this before we loose Larsen. They are not going to wait forever for us and we need to do something to move forward with the negotiations". . Thc County Attorney stated, " Madam Chair", just in response to that, I think from a staff perspective, what we recommend is that the Board consider is that do not focus on just one option that may be avai lable to the Board, that you focus on a variety of options and not cxclude any and this would include mediation, possibh discussion with the property owncr to lease or purchase the property and certainly as one option condemnation. It is one of may options and I don't think staff or the Board is in position to make a final decision. What I think we need to do is to keep the options open and to proceed as we are, and I think Mr. Anderson is in contact with the property owner and the potential tenant on a regular a basis and I think that needs to continue and we need to accelerate that process, need to investiga}ethè options, we need to probably get appraisals of the property again if we are going to negotiate a lease for purchase if this is the option the Board wishes to pursue. This has an advantage to proceed this way because it has an advantage of having a certainty involved". The other factor I think the Board should proceed on is completing the Master Plan which is an important component that would help direct the Board as to how to proceed among the various options. 5 '-" "-' We recommend that the Board not focus just on one and proceed on all fronts as directed and proceed in a way that we keep all of our options open and that we report back to the Board by November lS'h or December I st. The County Administrator stated, " I agree with· everything the County Attorney has stated this evening and as he stated, I have been in contact with both and am in the process of identifying each of their perimeters. .we -are holding discussions and are very close to completing that and look forward to further discussions". Com. Coward stated he concurred with what was being said and that it was an appropriate course being taken by focusing and laying out specific strategies on how to move forward and close this deal. I issue in his mind is time frames. He does support trying to bring in a mediator and taking one last stab and negotiations between the private parties and hopes to see the city ofFt. Pierce and the County at the table. He suggested moving forward with hiring a mediator and working with Larsen on a time frame. The County Attorney stated they were not intending to wait, they were moving forward and proceed on all fronts immediately and also. go ahead and start the appraisal process and also speak with Mr. Bell on the possibility of a lease or lease purchase, and also look at the other possibility as a fall back. The County Administrator advised the Board that the Draft Master Plan would be completed sometime in December and he would be looking at the mediator profiles. This morning they have set a mceting date with the Mega Yacht Company. Com. Barnes stated he fully supports what is being done in speeding up the process but is still puzzled that we would let the negotiations go oil for a year when we have so much to ....., offer. Com. Bruhn stated if we make it December 1 S\ he would like something that can be done on December I S\ anyone of those options. The County Attorneys stated they would be able to meet that deadline. Com. Coward asked if they could possibly get the mediator on Board and have a meeting in October when Larsen is in town. The County Administrator stated he would try to do so, both parties must agree on the mediator. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Circuit Court 6 10/04/01 FZABWARR FUND 001 001130 001243 001255 001256 001804 001809 101 101006 102 102001 105 107 107001 112 126 139 140 140121 140307 140310 , ·1)312 313 140315 145815 160 183 183001 183002 183004 183211 184203 184204 185001 186 262 301 304 316 335 362 382 389 401 418 441 448 ~ ....",¡ ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #53- 29-SEP-2001 TO 04-0CT-2001 FUND SUMMARY TITLE General Fund TC Community Action Agency FYOO/01 Childern's Environ. Learning Center Fla Fish and Wildlife Conservation CTD TRIP Grant FY 00/01 SFWM/SLSWCD Well Monitoring Program SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur River Park II Fund Southern Oak Estates Lighting Palm Grove Fund Port & Airport Fund FAA Taxiway A-3, Airfield Signage Const. Parking Apron#405823-1-94-01 Airfield Signage #408784-1-94-01 (FDOT) Taxiway A-3 Phase I Const. Airport Master Plan Update FDOT Airport Drainage Master Plan- FDOT SFWMD IRL 2001 License Plate Grant Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court Civil Traffic Infraction officer st Ft. Pierce Beach Restoration South Co. Post Storm Study FDEP SHIP Housing Assistance FY 00/01 Recyc~~ng Operating Fund Tourism Dev 4th Cent I&S Fund So. County Regional Stadium Communication System Fund County Capital Becker Road Capital Fund Sports Complex Improv Fund 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 EXPENSES 149,972.03 384.00 1,656.00 226.72 15,260.00 59.00 1,014.58 11,209.92 302.96 41,677.63 19,408.52 2,034.64 67,565.57 11,000.00 527.96 113.41 682.47 276.64 93,127.51 5,495.47 306.71 10,040.79 12,315.03 99,703.00 27,780.00 1,174.49 800.80 548.44 300.00 261.00 1,630.00 16,903.84 7,074.00 5,246.25 14,532.70 74.90 1,202.39 705,405.94 2,250.00 2,300.00 1,240.00 4,000.00 334.05 38,474.95 1,211.85 37,420.21 42,384.94 31,132.47 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10/05/01 F"71\BWARR FUND 001 101 102 102001 107 183 183001 183004 471 491 505 505001 611 625 674 '-" '-' ST. LUCIE COUNTY - BOARD DATA WARRANT LIST # 1- 01-0CT-2001 TO 05-0CT-2001 FUND SUMMARY TITLE General Fund Transportation Trust Fund Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court No County Utility District-Operatin Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund ,Tourist Development Trust -Adv Fund Law Library Driftwood Manor MSBU Fund GRAND TOTAL: f EXPENSES 1,279,689.65 736.40 474.70 20.20 3,008,360.70 199.00 107.00 1,802.00 130.40 90.00 2,204.30 1,986.00 5,525.00 1,877.62 15,775.50 4,318,978.47 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 \..- ~ j; -.,¡ AGENDA REQUEST ITEM NO. ;2./l DATE: October 9, 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. 01-241 - Proclaiming the month of October, 2001, as "HEAD START AWARENESS MONTH" in S1. Lucie County, Florida. BACKGROUND: Mrs. Iris Rivera, Health Services Manager for the ALPI Head Start Program, has requested that the Board of County Commissioners proclaim the month of October, 2001, as Head Start Awareness Month in St. Lucie County, Florida. The attached Resolution No. 01-241 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDA nON: Staff recommends that the Board adopt the attached Resolution No. 01-241 as drafted. [~APPROVED [] DENIED [ ] OTHER: 5-0 NCE: COMMISSION ACTION: Review and Approvals County Attorney: (ji. Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicableJ___ Eft. 5/96 '-' '-rJ RESOLUTION NO. 01-241 A RESOLUTION PROCLAIMING THE MONTH OF OCTOBER, 2001, AS "HEAD START AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: I. Head Start is a comprehensive, family-oriented child-development program for low- income families. 2. Since its establishment on May 18, 1965, Head Start has provided comprehetive health, educational, nutritional, emotional and social services to more than 865,000 children and their families nationally through 2,100 locally based programs. 3. The support of this community has made possible a local Head Start Program, under the leadership of Mary T. Jones, to provide services to 571 children and families in year 2000 at the Hill Haven, Lincoln Park, George W. Truitt, Village Green, Momingside, Garden Terrace and Francina Duval Centers. 4. ALPI Head Start welcomes the partnerships with Loving Care Child Development, The Learning Tree Academy, Inc., Gingerbread Lane, Precious Lamb Kiddie Kollege, Lakewood Park Child Care, Sunrise Country Preschool and Wee Wuns Tu and Wee Wuns Kuntry Klub to serve the additional 102 children resulting from our expansion efforts. 5. ALPI Head Start has demonstrated delivery of quality services by obtaining accreditation for all of the centers directly owned and operated by ALPI and partnering with providers that are also accredited through the National Association for the Education of Young Children. 6. Major research findings document the program's lasting positive effects on children and 10,02101 11; 09 FAX 561 4e~ 8314 ALP I I4i 001 /001 ...,,¡ ~~ ~ 1 &~ Ð~I(,\\/ ~\ ~\ {t WHEREA '., Head Start is a comprehensive, family-orientedchi1d-development program fOP low-income famihes and; '-" Proclamation "\AiHERF AS, since its establishment on May 18, 1965, Head Start has provided compreh(':tlsive hea.lth, educational, nutribonal., emotional and social services to more than 865,000 children and tl.eir families nationally through 2,100 locally based programs; and WHf REAS, the support of this community has made possible a local Head Start Program, under the leaderslùp of Mary T . Jones, to provide services to 571 children and families in year 2000 ~t the Hin Haven, Linroln Park, George W. Truitt, Village Green, Momingside, Garden Terrace and Francina Duval Centers ; and ',VHEREAS, ALPI Head Start welcomes the partnerships with Loving Care Child Dc:vekpment, The Learning Tree Academy, Inc., Gingerbread Lane, Precious Lamb Kiddie KoUege, Lakewood Park Cbìld Care. Sumise Country Preschool and Wee Wuns Tu and Wee Wuns Kuntry Klur to serve the additiona1102 children resulting from our expansion efforts; and WHEREAS, ALPI Head Start has demDIlStrated delivery of quality services by obtaining acereditation for all of the centers directly owned and operated by ALPI and partnering with providers that are also accredited through the National Association for the Education of Young Children; and WHEREAS. major research findings document the program's lasting positive effects on children and their families; and WHEREAS, ALPI Head Start is accepting the challenge to take human services to a new level by "Impacting the Future" and raì.sing the bar on performance outcomes and school readiness. \\'1IEREAS, the month of October has been designated NATIONAL HEAD START AWARENESS MONTH; and NOW, THEREFORE, _ hereby proclaim the month of October 2001 be observed as; ~do J-[ead Start Åwareness Month "Ir-I.s R\v e"r k 4 (ø Lo .. Z to 31 s~ 35" ------_._-~.----_._.__. -----..- ---.-.--.---.-- - -- - - --...-.----....-.-----------.-- Diane Turner - Iris Rivera 466 2631 ex' -,-,-~- From: To: Date: Caller: Company: Phone: Angela Huff Diane Turner 9/13/01 11 :51AM Iris Rivera S~-H8OO ~tv (--4662631 ext 35 [] Telephoned [ ] Will call again [ ] Wants to see you [] Urgent Regarding the agenda -------."---.-.----- ___"n' __ --~----~._-_..~._-- P~ge 1-Cj ~~~ ---.-.-~'\r,J"-~~.-~ Jf&L{ / '7 35+ [*] Please call [ ] Returned your call [ ] Came to see you ~ Aqu0û fer OC!.(.~. (\ ~ rl)' ~lf'oJ ) / ~/ IMPOR."f~N1"····M~$ ilL er DATE TIME.ì\ ~ O"î~ M~ (I ~ ~lv£rGl- oF~Lda-dlP3l fX+. 36 MESSAGE /"';1'/! 1,\ ) i ,)\ / k..-_,,'" '- //')/"")/) . ! '!" ! ~"¿ß;yA! ~/ -""....0--/ II '<,,-. _J . SI~rt. NUMBER EXTENSION /f'~ It· ! " .,j¡: ,,/J '/\JY) :~~,l~,~ , /' '/ "''"'~k? ./.... :' ( i( , ~.-"" . -- ~ \-.,," / '" g /, .': /;/ I' ;p ':ñ . , 1184 \¿ '-' AGENDA REQUEST ITE~O. ~ DATE: October 9, 2001 REGULAR [] PUBLIC HEARING [Xft:;~ ~: n ¡ .~ CONSENT [] ! .. .' --'~--¡;~l SEP ? 7 2001 ,'.iJ I CG. ¡ - ·.i~;~,;;-J I TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: , L___ SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Prima Vista Crossings - Development Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: This is the first of two required public hearings on this proposed Development Agreement. The purpose of the October 9, 2001 public hearing is to present the draft Development Agreement and accept any comments or input on the terms and provisions of the Agreement. The second public hearing on this agreement will be held on November 6, 2001, at 7:00 p.m. or as soon thereafter as possible. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: 5-0 o as Anderson County Administrator County Attorney: p Review and Approvals MSBU Coord. : Com. Dev. Dir.: originating Dept. Public Works Dir: COWlty Eng _ : Eff _ 5/96 Finance: (Check for Copy only, if applicable) '-" '-' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2245 DATE: September 25, 2001 SUBJECT: Prima Vista Crossings - Development Agreement ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: Attached to this memorandum is a copy of a draft Development Agreement between the County and Crescent Resources, LLC ("Crescent"). The main purpose of the Agreement is to formalize Crescent's commitment to pay t of the share of the cost of improvements attributable to the single family residential properties with the Lennard Road MSBU, not to exceed $18,000.00. State law requires that the Board hold 2 public hearings before determining whether to approve the Development Agreement. For the Board's information, Porta Oaks Holding, the other developer whose representatives verbally agreed at the Lennard Road MSBU hearing, has not yet agreed to negotiate a Development Agreement with the County. Permission to advertise this public hearing was granted on September 18, 2001 and notice was published on September 28, 2001 in the Tribune. RECOMMENDA TION/CONCLUSION: This is the first of two required public hearings on this proposed Development Agreement. The purpose of the October 9, 2001 public hearing is to present the draft Development Agreement and accept any comments or input on the terms and provisions of the Agreement. The second public hearing on this agreement will be held on November 6, 2001, at 7:00 p.m. or as soon thereafter as possible. DSM/caf Attachment '-" '-' DV A 01- DEVELOPMENT AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AND CREsCENT RESOURCES, LLC THIS AGREEMENT is made and entered as of this day of 2001, by and between the BOARD OF COUNTY..·COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA (the "Board"), and CRESCENT-RESOURCES, LLC., a Georgia Limited Liability Company (the "Developer"). WHEREAS, the Board and the Developer recognize the following: A. This Agreement is entered into in accordance with the Florida Local Government Development Agreement Act, 163.3220-163.3243, Florida Statutes (Act), and Section 11.08.00 (Development Agreements) of the St. Lucie County Land Development Code (LDC). B. The Developer owns certain real property (Property) located In St. Lucie County, Florida, and described in the attached Exhibit "A" (Property). C. On June 6, 2000, the Board held a series of public hearings to consider the creation of three municipal services benefit units to install road, water and wastewater improvements (the "Improvements"); the Lennard Road 1 Municipal Services Benefit Unit (road improvements); the Lennard Road 2 Municipal Services Benefit Unit (potable water improvements); and the Lennard Road 3 Municipal Services Benefit Unit (wastewater treatment improvement~) (collectively hereinafter referred to as the "MSBUs"); and, D. The property is within the limits of the MSBUs and will derive a non-exclusive benefit from creation of the MSBUs because the installation of improvements will allow the Developer to develop the Property; and, E. The County and the Developer have previously entered into a Road Contribution and Construction Agreement wherein the Developer agreed to donate right-of-way and construct road improvements for a portion of Prima Vista Boulevard; and, F. In order to encourage the County to approve the creation of the MSBUs and in consideration of the benefits that the Developer will receive from construction of the g:\atty\agreemnt\Crescent - Dev Agmt Page 1 of 11 '-' '-" improvements, representatives of the Developer voluntarily agreed to: (1) pay one-half of the share of the cost of the Improvements attributable to the single family residential properties within the MSBUs not to exceed $18,000; and, (2) provide a site plan to the County showing the proposed development of the Property as a commercial shopping center prior to the County's public hearing to consider the levy of assessments by the MSBUs; and, G. Based on testimony at the public hearings and in reliance on the commitments of the Developer, the County adopted Resolutions Nos. 00-103, 00-104, and 00-105 and created the MSBUs. .- H. Iff order to -foster comprehensive and sound capital facilities planning and financing, to ensure the provision of adequate public facilities for development concurrent with the impacts of development, to encourage the efficient use of resources, to reduce the economic cost of development, and to afford certainty in the approval of development, the Board and the Developer desire to establish by agreement the terms under which the Property may be developed. I. On , 2001, the Board held the first public hearing on this Agreement, after publishing notice approximately seven days prior to the first hearing. Notice of intent to consider this Agreement was mailed by the Board at least 15 days prior to the first hearing to all property owners, as reflected on the current years tax roll, lying within 500 feet of the Property. J. On ,2001, the Board held the second public hearing on this Agreement, after publishing notice approximately seven days prior to the second public hearing and after announcing at the first public hearing the day, time, and place of such second public hearing. NOW, THEREFORE, in consideration of the mutual covenants entered between the parties, and in consideration of the benefits to accrue to each, it is agreed as follows: 1. Accuracy of Recitals. The above recitals are true and correct.. 2. Mandatory Provisions. a. Legal Description and Owner. g:\at1y\agreemnt\Cresce"t - De. Agmt Page 2 of 11 '-' "-iÌ The land that is the subject of this Agreement is described in the attached Exhibit· A". The owner of legal and equitable title to the Property is CRESCENT RESOURCES, LLC, a Georgia Limited Liability company. b. Duration. This Agreement shall expire ten (10) years after the effective date provided in Section 11, unless earlier terminated as provided in Section 8. c. Uses. Densities. Intensities. Height. and Architectural Standards The development uses permitted on the Property, including densities, intensities, and height, shall be as follows: Uses Allowed: As identified in Section 3.01.03(5)(2) of the St. Lucie County Land Development Code (latest edition). Density Allowed: The gross density allowed shall not exceed 50/0 of the gross site area. Intensity Allowed: The intensity of the site shall not exceed 134,855 s.f. as indicated on the Site Plan. Height Allowed: 60 ft. (maximum) Architectural Standards: See attached d. Future Land Use Map Designation. The land use designation of the Property under the future land use element of the St. Lucie County Comprehensive Plan is COM ("Commercial"). e. Zoning. The current zoning of the property is CG ("Commercial General"). g:\atty\agreemnt\CrMcent - Dev Agmt Page 3 of 11 '-' '-' j. Consistency with Comprehensive Plan. The Board finds that the development of the Property as provided in this Agreement is consistent with the St. Lucie County Comprehensive Plan. k. Consistency with LDC. Provided that the Developer submits and obtains Board approval of asite plan in accordance with Section 2c of this Agreement that complies with the County's Land Development Code ("LDC"), the Board finds that the development of the Property as provided in this Agreemeñt is consistent with the LDC. I. Compliance with Other Law. Failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Developer of the necessity of complying with the law governing such permitting requirement, condition, term, or restriction; and any matter or thing required to be done under existing ordinances of St. Lucie County shall not be otherwise amended, modified, or waived unless such amendment, modification or waiver is expressly provided for in this Agreement with specific reference to the code provision so amended, modified, or waived. m. Necessary Conditions. The Board reserves the right to impose conditions and requirements on any development order as necessary to protect the health, safety, and welfare of the public and the citizens of St. Lucie County. 3. Agreement to Pay Single Family Residential Share. The Developer agrees to pay one-half of the share of the cost for the installation of the Improvements attributable to the single family residential properties within the MSBUs as described on Exhibit "B" (the "Single Family Cost") with Developer's share not to exceed $18,000.00. This cost is currently estimated to be $36,000.00. The Developer agrees to pay $18,000.00 as its one-half share of the Single Family Cost within 15 days of the receipt of an invoice from the Board setting forth the estimated amount due. If the final cost is less than the estimated cost, the Developer shall be entitled to receive one-half of the difference. This obligation shall survive the revocation or termination of this Developer Agreement. 4. Final Site Plan Submittal. The Developer has previously submitted a final site plan (the "Site Plan") to the Board in accordance with the provision of Section 2c of this g: \atty\agreemnt\Crescent - De. Agmt Page 5 of 11 '-" '-' Agreement showing the proposed development of the Property. The Developer further agrees that the plan for development of the Property as shown on the Site Plan will not be changed unless approved by the Board in its discretion by action of the Board separate and apart from any regulatory approvals required for the development of the Property by the Board or any other regulatory agency. 5. Adequacy of Public Facilities; Continued Reservation of Capacity. The following items in regard to the adequacy of public facilities in this area are acknowledged: a. Drainage: The Property is located in part within the identified 100 year flood plain. All construction activities will be in accordance with applicable St. Lucie County and South Florida Water Management District permitting standards and regulations. b. Potable Water: Subject to completion of Lennard Road 2 MSBU improvements, the Property will be serviced by Port St. Lucie Utilities (the "City of Port St. Lucie"). The Developer acknowledges that it is his responsibility to bear the cost of providing potable water to the Property from the nearest available service location in accordance with all applicable Port St. Lucie Utility Construction Standards and Specifications. c. Sanitary Sewer: Subject to completion of the Lennard Road 3 MSBU improvements, the Property will be serviced by the City of Port St. Lucie. The developer acknowledges that it is his responsibility to bear the cost of providing sanitary sewer to the Property from the nearest available service location, in accordance with all applicable Port St. Lucie Utility Construction Standards and Specifications. d. Solid Waste: Sufficient capacity exists in the St. Lucie County Landfill to service the anticipated demands of the Property. e. Parks: Sufficient capacity exists within all required level of service categories for the proposed number of residential units. f. Mass Transit: Not applicable. g. Roads: Subject to completion of the Lennard Road 1 MSBU improvements, sufficient roadway capacity will exist to support the proposed development of this project. g:\atty\agreemnt\Crescent - Dev Agmt Page 6 of 11 '-' "" 6. Amendment of Cancellation by Mutual Consent. This Agreement may be amended or cancelled by mutual consent of the parties, and shall terminate upon the issuance of the last Certificate of Occupancy for last residential building as shown on the approved Site Plan. Prior to amending this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. No further development permits that would result in the generation of any additional required Level of Service impacts will be issued until a new final Development Order has been issued. Any application for a new final Development Order, except for a modification to an existing building, structure, or site facility that does-not require a new concurrency review, will be subject tõ all applicable standards and regulations in effect at the time the application is filed. Any application for final Development Order, for a modification to a building, structure, or site facility built or constructed in accord with the terms of this development agreement shall be subject to any applicable St. Lucie County construction standard or code in effect at the time the application is filed. 7. Involuntary Revocation of Development Agreement. The Board may revoke this Agreement if the Board determines through its annual review of this Agreement that the terms and conditions of this Agreement, including all amendments or extensions thereto, have not been complied with. Prior to any revocation of this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. At the public hearing(s), the Developer will be given an opportunity to rebut the determination that the requirements of this Agreement, or any amendments thereto have not been complied with. If the Board determines that revocation of this Agreement is not necessary, the Board may amend the terms of this Agreement to provide for any reasonable condition necessary to assure compliance with the requirements of this Development Agreement, and any extensions or amendments thereto. Either party or any aggrieved or adversely affected person may file an action for injunctive relief in the Circuit Court for St. Lucie County to appeal the revocation or amendment of this Agreement. The provisions of Paragraph 4 requiring Board approval of any change in the Site Plan shall survive the revocation of the Agreement. 8. Term. The term of this Agreement shall be ten (10) years from the effective date. This Agreement may be extended by mutual consent of the Board and the Developer, subject to public hearing in accordance with Section 11.08.02 of the LDC. g: \atty\agreemnt\Cr<:scent - Dev Agmt Page 7 of 11 ~ "-" 9. Recording; Submission to Florida Department of Community Affairs. Within 14 days after the Board enters this Agreement, the Clerk to the Board shall record the Agreement in the Public Records of St. Lucie County. A copy of the recorded Agreement shall be submitted to the Department of Community Affairs within 14 days after the Agreement is recorded. If this Agreement is amended, cancelled, modified, extended, or revoked, the Clerk shall have notice of such action recorded in the public records and such recorded notice shall be submitted to the Florida Department of Community Affairs. 10. Effective Date. ..- This Agreement shall be effective 30 days after its receipt by the Florida Department of Community Affairs. Notice of the effective date of this Agreement shall be provided by the Board to all affected parties to the Agreement. 11. Annual Review. In accordance with Section 11.08.08 of the LDC, the Board shall review the development that is subject to this Agreement every 12 months, commencing 12 months after the effective date of this Agreement. The Board shall begin the review process by giving notice, a minimum of 30 days prior to the anniversary date for the effective date of this Agreement, to the Developer of its intention to undertake the annual review of this Agreement and of the necessity for the Developer to provide the following: a. An identification of any changes in the plan of development as contained in the Site Plan, or in any phasing for the reporting year and for the next year. b. If the Site Plan provided for phasing, a summary comparison of development activity proposed and actually conducted for the year. c. Identification of undeveloped tracts of land that have been sold to a separate entity or Developer. d. An assessment of the Developer's compliance with each condition of approval set forth in this Agreement. e. Identification of significant local, state and federal permits which have been obtained or which are pending by agency, type of permit, permit number and purpose of each. g:\atty\agrumnt\Crescent - De" Agmt Page 8 of 11 \..t '-I Any information required of the Developer during an annual review shall be limited to that necessary to determine the extent to which the Developer is proceeding in good faith to comply with the terms of this Agreement. For each annual review conducted during years 6 through 10 of this Agreement, the Board shall prepare a written report in accordance with rules promulgated by the state land planning agency. The report shall be submitted to the parties to the Agreement and the State land planning agency. If the County finds on the basis of substantial competent evidence that there has been a failure to comply with the terms of the Agreement, the County may revoke or modify the terms of this Agreement in accordance with the procedures set forth in Paragraph 7. 12. Effect of Contrary State or Federal Laws. In the event that any state or federal law is enacted after the execution of this Agreement that is applicable to and precludes the parties from complying with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law. Prior to modifying or revoking this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. 13. Enforcement. Either party, any aggrieved or adversely affected person, or the state land planning agency, may file an action for injunctive relief in the Circuit Court for St. Lucie County to enforce the terms of this Agreement or to challenge compliance of this Agreement with the provisions of the Act or Section 11.08.00 of the LDC. In the event the Board or the Developer is required to seek enforcement of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of such action, including reasonable attorney's fees. 14. Notices. The parties designate the following persons as representatives to be contacted and to receive all notices regarding this Agreement: For the Board: County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 g:\atty\agrumnt\Crescent - Dev Agmt Page 9 of 11 '-" "'-'" with a copy to: County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 For the Developer: J. Brent Smith Crescent Resources, LLC Post Office Box 1003 Charlotte, NC 28201-1003 15. Successors ánd Assigns. This Agreement shall be binding upon the parties and their successors and assigns. In the event of assignment of this Agreement, the Developer shall provide notice to: County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officials as of the day and year first above written. Signed, sealed and delivered in the presence of: CRESCENT RESOURCES, LLC a Georgia Litnited Liability Company i J j/j¿ kÁ .. \ By: WfIIU (~ Print fJ{ness. . )~~ Print Name: t1. qfrs Witness g:\atty\agrurnnt\Crescent - Dev Agrnt Page 10 of 11 , '-' ....., ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND .- CORRECTNESS: BY: County Attorney STATE OF NORTH CAROLINA COUNTY OF ffiuklenb~~ The foregoing instrument was acknowledged before me this ~-/+¡ day of _~u~lJà ,2001, by {"i'like u.Jig~jn5 , the Vie.âl1:r>iJert\- of CRESCENT RESOURCES, LLC, a Georgia Limited Liability Company, who is ~ personally known to me, or _ who has produced as identification and who did/ ~ not take an oath. Notary Seal ~ uz.~ 4:"J b '.0 Q Notary Public, State of North Carolina Print Name: ~~r-e.n ç.eJ~q I My Commission Expires:~~o05 #~~ç~ I ~S1 .. 0 _ ¡ ~ :" """~ 1m i ~-- · _ I \~\ lJ8L'C ¡, ~I ~~" .0 ~tf """ ~¿............~..~~ '11111 ~G CO\)~~"""o¡¡ '",......... g:\atty\agreemnt\Crescent - Dev Agmt Page 11 of 11 "" ......- .......... -....... ... ..... L...,.....' , F'.'3·3 ¡ '-" } ...., EXHIBIT A - - LEGAL DESCRIPTION· OF PRIMA VISTA CROSSING Lying and beÚlg in Section 22, Township 36 South Range 40 East, St. Lucie County, Florida, and more particularly described as follows: Commence at the southeast comer of Section 22, Township 36 South, Range 40 East; thence, along the East line of said Section 22, N. 00- 15-04 W. 1609.45 feet to an iron rod \Vith plastic cap, the point and place of BEGINNING; thence, continuing "With and along the East line of said Section 22, N. 00-15-04 W. 776.33 feet to a found 3 x 3 concrete monument; thence S. 89-46-04 W. 1485.02 feet to a found iron rod "With plastic cap in the eastern margin of the right-of-way of U.S. Highway No.1 (State Road No.5) (120' right-of~way); thence, "With and along the eastern margin of the right-of-way of U.S. Highway No. I, S. 27-55-21 E. 745.33 feet to a found iron rod with plastic cap; thence, leaving the eastern margin of the right-of-way of U.S. Highway No. I, N. 84-51-00 E. 309.09 feet to a point; thence S. 27-55-21 E. 272.48 feet to a found iron rod with plastic cap; thence N. 73-27-31 E. 260.06 feet to a point; thence S. 27-54-26 E. 80.41 feet to a point; thence N. 73-27-31 E. 311.59 feet to a. found iron rod Vv-ith plastic cap; thence S. 27-54..,26 E. 25.00 feet to a found iron rod with plastic cap; thenc~ N. 73-27-31 E. 111.22 feet to a found iron rod v.,ith plastic cap, the point and place of BEG~1NG, contaÌIÚD.g 22.75 acres, mor~ or less, as shown on an ALTAlACSM survey prepared for A.G. Interests, Inc., (Job No. 22830a), dated February 17, 2000, last revised January 23,2001, and prepared by Culpepper and Terpening, Inc., Michael T. Owen, PSM. Ç..,oe.1)2-fðI_04~1.01J;¡:\~& V AGENDA REQUEST ITE~O. !éØ DATE: October 9, 2001 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: A-I Roof Trusses, Ltd. - TEFRA Hearing BACKGROUND: See attached memorandum m Œ œ filVI,'";' ~ " I, I Ji . llj' ,1_ 8 CO, ADMIN, OFFICE FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 01-240 as drafted. [xl APPROVED [ ] DENIED [ ] OTHER: 5-0 Second hearing 11/6/01 - COMMISSION ACTION: o 91as Anderson County Administrator County Attorney' ~CJr/ Review and Approvals Management & Budget Purchasing: , Originating Dept. Public Works Dir: County Eng., Finance, (Check for Copy only, if applicable) Eff. 5/96 v ....,,; INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA 4 TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2294 DATE: October 1, 2001 SUBJECT: A-l Roof Trusses, Ltd. TEFRA Hearing ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- i BACKGROUND: A-1 Roof Trusses, Ltd. Company has requested the County to issue industrial development revenue bonds in an amount not to exceed $4,100,000.00 to finance the construction and equipping of a roof truss manufacturing facility to be located on the south side of St. Lucie Boulevard approximately 200 yards west of the entrance to St. Lucie County International Airport. Attached to this memorandum is a copy of Resolution No. 01-240, which, jf adopted, would authorjze the issuance of the bonds. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No. 01-240 as drafted. Sincerely, DSM/caf Attachment -. v ....,; RESOLUTION NO. OI-JifD A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA; PROVIDING FINDINGS; PROVIDING PRELIMINARY AUTHORIZATION FOR THE FINANCING OF A ROOF TRUSS MANUFACTURING FACILITY LOCATED IN ST. LUCIE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. . IT IS HEREBY ASCERTAINED, DETERMINED, DECLARED AND FOUND THAT: A. St. Lucie County, Florida, (the "County"), a county and political subdivision of the State of Florida (the "State") by and through its County Commission (the "Commission") is authorized by the Florida Industrial Development Financing Act, Part II of Chapter 159, Florida Statutes, and other applicable provisions of law (the "Act"), to issue its industrial development revenue bonds and to use the proceeds thereof to facilitate the financing of certain facilities provided for in the Act. 1 B. A-I Roof Trusses Ltd., Company (the "Borrower") desires to construct and equip a roof truss manufacturing facility to be located on the south side of St. Lucie Boulevard (Airport Road) approximately 200 yards west ofthe entrance to St. Lucie International Airport (the "Project"). C. The Borrower has requested that the Commission provide preliminary approval of the issuance of the County's industrial development revenue bonds (the "Bonds") pursuant to the Act in an aggregate principal amount not to exceed $4,100,000 to finance a portion of the cost of the Project, including reimbursement of prior expenditures of the Borrower incurred for such purpose. D. A determination by the County to issue the Bonds under the Act and to loan the proceeds thereof to the Borrower to finance a portion of the cost of the Project, under an agreement (the "Financing Agreement") which will provide that payments thereunder shall be at least sufficient to pay the principal of, premium, if any, and interest on the Bonds as and when the same shall be due and payable, together with such other costs in connection therewith as may be incurred by the County, will assist the Borrower in the implementation ofthe Project. E. The Bonds shall not constitute an indebtedness of the County within the meaning of any constitutional or statutory limitation of indebtedness, and the full faith and credit and taxing power of the County will not be pledged to repayment of the Bonds, and the Bonds shall be payable solely from payments by or on behalf of the Borrower pursuant to the Financing Agreement, and no bondholder or other person shall have any right, power or authority to require the County to exercise its taxing power to pay the Bonds or to pay the Bonds from any sources other than payments pledged to the Bonds tmder the Financing Agreement. F. A public hearing concerning the Bonds and the Project has been held by the Board on the date hereof following required notice. G. Pursuant to the requirements of the Internal Revenue Code of 1986 and the laws of the State of Florida it is necessary to apply to the State Division of Bond Finance for an allocation of the private activity bond volume cap. v '-' H. It is intended that this Resolution shall constitute approval by the Board towards the issuance of the Bonds within the meaning of Section 147(t) of the Internal Revenue Code of 1986. NOW, THEREFORE, THE COUNTY COMMISSION OF ST. LUCIE COUNTY, FLORIDA, HEREBY RESOLVES THAT: . 1. Prior to the issuance of the Bonds, the Commission shall receive evidence satisfactory to it that the Borrower is financially responsible and fully capable of and willing to fulfill any obligations which the Borrower may incur in connection with the financing of the Project as contemplated by this Resolution. 2. The Board hereby approves the issuance of the Bonds solely for purposes of Section 147(t) of the Internal Revenue Code of 1986. 3. The County Administrator is authorized and directed to execute, for and on behalf of the County, State Division of Bond Finance Form BF-2006-G in connection with the Bonds, in the form attached hereto, completed in any amount not in excess of$4,100,000. ~ ~ I 4. This Resolution is intended to constitute a declaration of "official intent" within the meaning of Treasury Regulation Section 1.150-2. 6. The issuance of the Bonds shall be subject to such other conditions as the County may establish subsequent to adoption of this Resolution, including but not limited to any requirement with regard to the method of sale of the Bonds or any requirement with regard to the financial feasibility of the Project. 7. This resolution shall take effect immediately upon adoption by the County Commission. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner John D. Bruhn Commissioner Cliff Barnes Chairman Paula A. Lewis 2 v '-" PASSED AND DULY ADOPTED this_ day of October, 2001, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORIDA . (SEAL) By: Chairman, Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney G:\O 1338\ l\lnduce(2).wpd 3 v Division r No. Prior Division ·~NO. STATE OF FLORIDA DIVISION OF BOND FINANCE NOTICE OF INTENT TO ISSUE BONDS AND REQUEST FOR WRITTEN CONFIRMATION PART I (to be completed by applic.ot) Date: nr-I-(")h=>r q ?OOl Name, address and phone number of person who prepared this Notice (confirmation or rejection will be sent to this person unless otherwise directed): Name: Mark E. Rayrrond Phone: ( 561 ). 822-0380 Address: 625 North Flaqler Drive: 9th Floor West Palm Beach, FL 33401 Issuing Agency: St. Lucie County, Florida Company (ifappIicable): A-l Roof Trusses Ltd.. C'.r.mp;my Requested Amount: $ 3,500,000 Is this a Supplementary Notice? Yes No X Check one of the following: Manufacturing Facility (as defined in Section 159.803(10), F.S.) X Florida First Business Project (as defined in Section 159.803(1 I), F.S.) (Governor's Office of Tourism, Trade and Economic Development certification m!Y! be attached) Multifamily Housing Single Family Housing Other (If "Other", specify) Is this a Priority Project under State:: law? Yes No y Purpose: Rmf 'T'nlSR M;mufaM-.m:-i ng s.147(f)orsimilarIRCApprovalDate: ()(±nhF!r g. 2001 Approving Authority (Unit of Governmcnt): ]3n:o~r'I (")f' Co.mtl' ("rmm; SsÌç-nø,.-c:. St I",..; ø ("l""IlJnty Contemplated Date(s) ofIssue: on or before November 15. 2001 I HEREBY CERTIFY THAT THE ELECTED OFFICIAL OR VOTER APPROVAL REQUIRED PURSUANT TO 147(1) OF THE INTERNAL REVENUE CODE HAS BEEN OBTAINED ON THE DATE INDICATED ABOVE,ANDTHATTHE AMOUNTREASONABL Y EXPECTED TO BE REQUIRED FOR THE FINANCING EQUALS AT LEAST 90% OFTHE AMOUNT REQUESTED ABOVE. Signature ofIssuing Agency Official Issuing Agency Official· typed or printed Name and Title IMPORTANT! Legal Opinion (Section 159.805(1), F.S.) enclosed: X $100.00 Filing Fee enclosed: X PART II (to be completed by the Division of Bond Finance) Rcceived by: Date and Time Received: Adjusted Date Received (pursuant to Section 159.808 I or 159.8083, F.S.) Status (confirmed or rejected): Amount Confirmed: $ Confirmation Valid Through: Amount Pending (if any): $ Comments: Category of Confirmation: Title: Director Division of Bond Finance ISSUER IS HEREBY ADVISED THAT THIS CONFIRMATION IS CONDITIONAL AND SHALL NOT BE CONSIDERED FINAL UNTIL AND UNLESS (I) THE DIVISION RECEIVES TIMEL Y NOTIFICATION OF ISSUANCE OF THE BONDS PURSUANT TO SECTION 159.805(5)(0), FLORIDA STATUTES, AND (2) THE DIVISION HAS ISSUED ITS FINAL CONFIRMATION OF ALLOCATION (FORM BF 2007-B) WITH RESPECT TO THE BONDS. (Form BF2006·GIl·(·97) \..' , "" ~ ííl~ THE TRIBUNE ST. LUCIE COUNTY, FLORIDA 600 Edwards Road, Ft. Pierce, FL 34982 SCRIPPS HOWARD AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF ST. LUCIE Belore the undersigned authority personally appeared, Lynn Ferraro, General Manager; Kathy LeClair, Business Manager or Bob Rossi, Circulation Manager 01 The Tribune, a daily newspaper published at Fort Pierce in SI. Lucie County, Florida; that the attached copy 01 advertisement was published in The Tribune in the following issues below. Affiant further says that the said Tribune is a newspaper published at Fort Pierce in said SI. Lucie County, Florida and that the said newspaper has heretofore been continuously published in said SI. Lucie County, Florida daily and distributed in 51. Lucie County, Florida, for a period of one year next preceding the first publication of attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or relund tor the purpose 01 securing thiS advertisement for publication In the said nowspaper. The Tribune has been enlered as second class matter at the Post Office in Fort Pierce. St. Lucie County, Florida and has been lor a period 01 one year next preceding the first publication of the attached copy of advertisement. A.d.....Jt Name f.Q..Jt Price Per Dav Date 2241393 A-1 ROOF TRUSSES, IN $120.00 Total $120.00 09/24/2001 Subscribed and sworn to me before this date: 09/24/2001 ELLEN MCCARTHY NOTICE OF PUBLIC HEARING 1 TO WHOM IT MAY CONCERN; . '¥ou ere hereby notified that on Tuesday, October 9, 2001, ot 9:00 a.m., or as soon thereafter as the mat· ter may be heard, in the County Commission Chom· bers in the Roger Poitras AdminIstration Annex, 2300 Virginia Avenue, Fort pierce, Florida. a. Public Hearing will be held by the Boord of County Commis· sioners (tl1e "Boord" of St. Lucie County, Florida (the "County"), on tl1e proposed issuance by the' County of II industria1 development rev-' enue bonds. in on aggre- gate principal amount not to exceed' $4,100,000. to finance the cost of i::on~ struction and equipping 0 ròof tru5S manufacturing facility (the "Project" to ~ located on on approxl· mately 19 ocre site located on the south side of ?t. "lucie Boulevard (Airport Road} approximately 200 yards west of the entr:once to St. Lucie International Airport. The site is owned i by John R. Herring and the Project is to be owned end operated by· A·1 Roof \ Trusses Ltd.. Company. The I Public Heorlng Is for the purpose of providing a , reosoncble opportunity for I Interested individuals to! express their views, both orclly and in. writ¡ng~_ on the proposed issuance of the bonds and on the loco· tion and nature of the facil- ity to be finance. THE BONDS SHALL NEVER CONSTITUTE AN INDEBT- EDNESS OR. GENERAL OBLIGATION OF THE STATE OF FLORIDA, ST. LUCIE COUNTY. OR ANY OTHER POLITICAL SUBDI- VISION OR AGENCY OF THE STATE OF FLORIDA, BUT SHALL BE PAYABLE SmEL'LFROM.....fJlli.DS wocrSddµJ -8L6- L 99 ~e UI 'wo8·Sddµ. 090G-L9v~e un.mll'J JO 8!; nOÁ M04 we~ .' SI4~ 5Uµqd ·W~q¡ J ~q1 JO Sl~P.1 ~q1 ~A~S 011 UT ·Wl1 1 I , "-" AGENDA REQUEST ....", ITEM NO. 6 DATE: Oc'toÞer 9,2001 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMI1TED BY(DEPT): Administration Douø Andereon Coun'ty Adminis'trator SUBJECT: Bi-Weekly Committee Reports BACKGROUND: At the April 11, 2000 Board of Coun'ty Commissioners Meetlnø l't was decided Þy'the Board to place an item on 'the aøenda. on a Þi-weekly Þasis, to øive 'the Board an opportuni'ty to provide updates on the various Committees and Advisory Boards that they serve on. It has Þeen decided Þy the County Adminle'trator 'tha't thie item will Þe placed on the aøenda on the 2nd and 4th Tuesday of each month. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Thie meetinø 'the Board will provide updates on 'the followinø Committees and Advisory Boards tha't they serve on: Committee ChamÞer of Commerce Board of Dir. Council on Aøinø Indian River Laøoon NEP Workforce Developmen't Board Land Ac,\uisition Selection Commi'ttee Law LiÞrary Board of Trusteee Treasure Coast Community Alliance Treasure Coast Council of Local Gov. Value AdJus'tment Board MeetiM Date Mon'thly Last Wedneeday Quarterly as needed Ae needed Monthly As needed Mon'thly Monthly Ae needed Tourist Development Council Lake OkeechoÞee Coali'tion Other Committees: Hløher Education Committee Healthy Kids COMMISSION ACTION: 1et Wedneeday Quarterly [ ] APPROVED [] DENIED [x] OTHER: Reports given Commissioner Huuhineon Lewis Barnee Bruhn Barnes Bruhn Huuhineon Huuhinson Barnee/Bruhn/ Lewie Huuhinson Bruhn/Barnes Coward Bruhn D ø1as Anderson oun'ty Adminie'trator \.I ~ . CONSENT ITEMS .... .... .... . . . Board of County Commissioners Meeting "". AGENDA REQUEST -....I ITEM NO. C21+ DATE: October 9,2001 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: .W~ SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Memorandum of Understanding - FDOT Regional Ponds BACKGROUND: As part of FDOT's plans to widen US 1, they are required by SFWMD to provide water quality treatment to stormwater runoff from the additional lanes of roadway as well as treatment for the existing roadway, which was built prior to stormwater regulations. To do this, FDOT will need to build stormwater retention ponds. On August 22, 2000, the Board approved an amendment to Work Authorization #3 with LBFH, Inc. in the amount of $51,700 for canals 23 and 28 stormwater retention pond analysis. These canals were identified in the Stormwater Master Plan as needing to be retrofitted to provide water quality treatment for stormwater runoff. Now that the weir structures have been constructed, the next step to provide full water quality treatment is to build stormwater retention ponds. The location of canals 23 and 28 is ideal for both FDOT and St. Lucie County to provide stormwater treatment and retention. The attached Memorandum of Understanding outlines the drainage needs of both FDOT and St. Lucie County and the benefits of joint stormwater retention ponds within this corridor. FDOT would acquire the property necessary and construct the stormwater retention ponds necessary to meet permitting requirements of SFWMD. Upon completion of the project, the County would be resJ;1onsible for perpetual maintenance of the retention ponds. Current maintenance costs are $400- $800.00 per acre annually. FUNDS AVAIL.: n/a PREVIOUS ACTION: May 19, 1998 - BOCC entered into an engineering contract with LBFH, Inc. for canals 23 and 28 water control structure design in the amount of $55,500. June 27,2000 - BOCC awarded the construction contract for canals 23 and 28 water control structures to Johnson-Davis, Inc., in the amount of $310,313. August 22, 2000 - BOCC approved amendment to Work Authorization with LBFH in the amount of $51,700. RECOMMENDATION: Staff recommends Board approval of the Memorandum of Understanding between FDOT and St. Lucie County for regional ponds and execution by the Chairman. COMMISSION ACTION: '-" [x] APPROVED [ ] OTHER: [ ] DENIED Or [x County Attorney [x]Originating Dept. Public Works Jf.L1.. r fdot agmt. ponds.ag Coordination/Slllnatures [ ]Mgt. & Budget [x]Co. Eng ~f\A . ( [x Rev. Coord. BftH ~Other ?N'?. ;:. t "\ '-' "-" Item/Segment No.: 230288-2-52-01 State Road No.: 5 (US-1) County: St. Lucie . MEMORANDUM OF UNDERSTANDING BETWEEN ST. LUCIE COUNTY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION , WHEREAS, the Florida Department of Transportation (the Department) has a pending roadway project identified as Financial Project No. 230288-2-52-01 (the project) along State Road 5 (US-I) from Rio Mar Drive to Midway Road; and WHEREAS, the Depaxtment will need to obtain a permit from the South Florida Water Management District (SFWMD) for drainage affiliated with the project; and WHEREAS, the County has need for drainage improvements within the same corridor; and WHEREAS, the Depaxtment has considered and evaluated three alternate options for drainage for the project; and WHEREAS, the Department has detennined that only two of the options would be adequate to meet the permit requirements of SFWMD; and WHEREAS, the Department has performed a cost analysis of the two options acceptable to SFWMD and has found that the construction of two or three downstream stormwater retention ponds to accommodate the needs of the basin, which includes the needs of the Department and of the County, is more cost effective than the construction of six smaller ponds along the State Road 5 corridor; and WHEREAS, the Depaxtment must consider cost as a factor in determining the ultimate design of roadway projects; and WHEREAS, the construction of downstream stormwater retention ponds is the most desirable option from hydraulic design, environmental benefit and cost perspectives; and ?'-... '-" .-..,1 Memorandum of Understanding Item/Segment No.: 230288-2-52-01 Page two . WHEREAS, for this project, the maintenance of downstream stormwater retention ponds is , more costly than the maintenance of ponds that accommodate only Department drainage needs; and WHEREAS, the County is desirous of having the Department construct the downstream stormwater retention ponds; and WHEREAS, the County is willing to accept maintenance responsibility for such ponds werc the Department to construct them, NOW THEREFORE, IN CONSIDERATION OF THESE PREMISES IT IS STIPULATED AND AGREED AS FOLLOWS: 1. The Department shall acqwre the property necessary to construct the downstream stormwater retention ponds necessary to meet permitting requirements of SFWMD for the project. 2. The Department shall bear the design and permitting costs for the construction project, and the Department and the County shall jointly apply for the necessary permit from SFWMD. 3. The Department shall construct the downstream stormwater retention ponds for the project, at its sole cost. 4. Upon completion of the project and fmal acceptance of the project by the Department, the Department shall convey fee title to the downstream stormwater retention ponds for the project to the County and rctain a non-exclusive drainage, flowage and access easement for drainage of State Road 5. 5. The County shall be responsible for the perpetual maintenance of the retention ponds after the completion of the project at their sole cost and expense. 6. llis agreement or any interest herein shall not be assigned, transferred or otherwise encumbered by the County under any circumstances without the prior written consent of the Department. However, this agreement shall inure to the benefit of the Department, its successors and/or assigns. ~-, . '-' '-" Memorandum of Understanding Item/Segment No.: 230288-2-52-01 Page three . In witness whereof the parties have hereunto set their hands and seals this day of STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1 ,2001 By: Rick Chesser, P.E., District Secretary APPROVED AS TO FORM AND CORRECTNESS: A ttes t: Executive Secretary of District Four District General Counsel BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY By: Chainnan APPROVED AS TO FORM AND CORRECTNESS: Attest: Deputy Clerk . County Attorney \.-- '-' \wi ITEM NO. C2b DATE: October 9.2001 AGENDA REQUEST . REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (XX) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): SOLID WASTE DIVISION ~ eo J. C rdeiro . Solid Waste Manager SUBJECT: Staff requests the Board of County Commissioners authorize the bid waiver and sole source declaration for the repair and purchase of parts for Heavy Equipment at the Glades Road landfill. BACKGROUND: On September 26, 2000, the Board of County Commissioners authorized the bid waiver and sole source declaration for Kelly Tractor and L.B. Smith. FUNDS AVAilABLE: N/A PREVIOUS ACTION: (see attached) October 12, 1999 - BOCC approved bid waiver and sole source declaration October 13, 1998 - BOCC approved bid waiver and sole source declaration October 7,1997 - BOCC approved bid waiver and sole source declaration October 8, 1996 - BOCC approved bid waiver and sole source declaration November 21,1995 - BOCC approved bid waiver and sole source declaration 4 RECOMMENDATION: Staff recommends the Board of County Commissioners authorize the bid waiver and sole source declaration for Caterpillar to Kelly Tractor and for Rex and Volvo to L.B. Smith. 4 @ APPROVED o DENIED c COMMISSION ACTION: o OTHER: Dou las Anderson County Administrator C1v Review and Approvals I!:I County Attorney: ¡..ß / 0 Management and Budget: ,- o Originating Dept: (Pub. Wks.) ttL-/D Other: (Landfill) I!:I Purchasing: 0 . o Other: o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community SelVices Manager at 561-462-1777 or TTD 561-462-1428, at least 48 hours (48) prior to the meeting. ~ ~ AGENDA REQUEST ~~~/A/dT ITEM NO. C-9-A .;' ~ :/ " DATE: September26, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING PRESENTED BY: CHARLES BICHT SUBJECT: Bid waiver and sole source declaration for the repair and purchase of parts for certain County Equipment ' BACKGROUND: See attached. FUNDS AVAIL.: N/A PREVIOUS ACTION: November 21, 1995 BOCC approved bid waiver and sole source October 8, 1996 BOCC approved bid waiver and sole source October 7,1997 BOCC approved bid waiver and sole source October 13, 1998 BOCC approved bid waiver and sole source October 12, 1999 BOCC approved bid waiver and sole source RECOMMENDATION: Staff recommends approval of the bid waiver and sole source declaration for the repair and parts for Caterpillar to Kelly Tractor and for Rex and Volvo to L. B. Smith COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [] DENIED [ ] OTHER: . Doug Anderson County Administrator County Attorney:(X) .2t/ !J. Coordination/Siqnatures Mgt. & Budget: Purchasing Mgr.:{X)~ Other: Originating Dept: Other: Finance: (Check for Copy only, if Applicable) Elf, 1/97 é~ G,\COMMON\AGENDAS\WAlVERS\Kelly and 18 SmiCh repair waiver.wpd '-" '-' i-;-~ ~:-::- .:- ;::1~. i -: PUBLIC WORf'SS'", DI;PA,~TMENT SOLID WASTE DIVISION MEMORANDUM 00-181 TO: FROM: Charlie Bicht, Purchasing Director Leo J. Cordeiro, Solid Waste Manager e DATE: September 14, 2000 RE: L.B. Smith/Kelly Tractor Please request the Board of County Commissioners approve the bid waiver and sole source declaration for Kelly Tractor and L.B. Smith again this fiscal year (00-01). We had Board approval last fiscal year (99-00, attached). LJC/am Attachment' . ·"", -....I AGENDA REQUEST ITEM NO. C-10-A DATE: October 12,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO:" BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING PRESENTED BY: CHARLES BICHT SUBJECT: Bid waiver and sole source declaration for the repair and purchase of parts for certain County Equipment BACKGROUND: See attached. (;.» \.0 -:: \.0 ~ 0 c - r- n ~;j' C"J.,.. i.:= -.of --""".." 4___~' ("") >n Ïoi w (/) ('jj -- <:'") ~ z< Õ ::: !ù:;: ç ~ OC 2: f"'" -; N ~ -< -' .s::- -- . FUNDS AVAIL.: N/A PREVIOUS ACTION: November' 21, 1995 BOCC approved bid waiver and sole source October 8, 1996 BOCC approved bid waiver and sole source October 7, 1997 BOCC approved bid waiver and sole source October 13,1998 BOCC approved bid waiver and sole source RECOMMENDATION: Staff recommends approval of the bid waiver and sole source declaration for the repair and parts for Caterpillar to Kelly Tractor and for Rex and Volvo to L. B. Smith COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: NCE: t D 9 nderson County Administrator County Attomey:(X} Originating Dept Finance: (Check for Copy only, If Applicable) .W . Coordination/Sianatures Mgl & BUdge't-11AcJ) Purchasing Mgr.:(X) cß Other: Other: Elf. 1/97 \ \ \ , U'.\~...\ .......,.,.......C':"\r.r'ftTtn:l'O~\V'..".. ....... '_1:11 ~, ~'" ..._.._ ..,..~.......ww1 '. \ '-" .....,¡ DIVISION OF SOLID WASTE MEMORANDUM 99-220 TO: Charlie Bicht, Purchasing Manager Leo J. Cordeiro, Solid Waste Manager e September 28,1999 l.B. SmithlKelly Tractor FROM: DATE: RE: Please request the Board of County Commissioners approve the bid waiver and sore source declaration for Kelly Tractor and l.B. Smith again this fiscal year (99-00): We had Board approval last fiscal year (98-99), (see attached). LJC/am Attachment ~ ~ .:: ;:: ~ ::" '- -:¡ N ¡:::; \0 ("j <:7 a =:r ~t5} -1 -< ~. ...,¡~ .:r:;.:; '"'- . . . .'- ,-. , . t.i?r; z;= L"J .--: , . .--. ¡-- -.'- r·: - Og·/28/99 14:02 FAX 5~21294 ST LUCIE COUNTY '--' 141 01 ITEM NO. C.__ :J (;. DATE: October 13,1998 AGENDA REQUEST SUBMlnED BY (DEPT): SOUD WASTE DIVISION REGULAR: ( ) PUBUC HEARING: ( ) CONSENT: (X ) PR~ Bib; Chartøs Blcht Purchasing Manager TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Bid waiver and sole source declaration for the repair and purchase of parts of certain county øquipment. BACKGROUND: See attached. fUNDS AVAll~BLE: H/A PRFVlOUS ACTION' November 21, 1995 BOCC approved bid waiver and sole source. Octobør 8, 1996 Bace approved bid waiver and 80le source. October 7. 1997 BaCe approved bid waiver and sole source. ..." .' í..:.. r-, -:-) --/ .. -. '.. ~7' ~ RECOMMENDATION: ~.i Staff recommends approval of the bid waiver and sole 80urCG declaration for the repair a~ parts for Caterpillar 'to Kelly Tractor and for Volvo to LB. Smith. . Q BRvlew and Approvalll COMMISSION ACTION: ~PPROVED (] DENIED o OTHER: County Attom.~: ~ Mønøgement and Budget: Othor: (,-"nd"lI) æ, Purchasing: -Æ Oth.r: Originating D.pt: (pub W.... \ FInance: Check for copy only. If IIPpllcable: " 09/·28/99 14:02 FAX 5~~1294 ST LUCIE COUNTY .,-, 141 02 DIVISION OF SOLID WASTE MEMORANDUM 98-229 ~ ~ _!._ _--:.!O....!. . l ~ .-. ' . - -- -. --- FROM: DATE: RE: Charlie Blcht, Purchasing Manager Leo J. Cordeiro, Sond Waste Managere. October 6,1998 L.B. SmithlKelly Tractor TO: Charlie, please request the Board of County Commissioners approve the bid waiver and sole source declaration for Kelly Tractor and L.B. Smith again this fiscal year (98-99). We have had Board approval for the last three fiscal years (Q5-Q6, Q6-Q7 & Q7-Qa). LJC:dls I 4 \ SUBMITIED BY(DEPT): PURCHASING SUBJeCT: Bid waiver and 80le IOIJrce d,eclaration for the rèØair and purchase of parte for cal1aln CO\l1ty ~~n ~ ' . ~~ ~~ ;-. 0 ,- ~ ~ ( . ¡:: c:J ~~/28/~9 14:02 F~1 50'--'1294 :0.;_ ~O/~Z/er U:16 FAI 110 12 UU 5T LUCIE COUNTY aT UltlB C1\'12 . .- "GENQA Rt;:CU~ST , . TO: BOARD OF COUNlY COMMISSIONERS BACI<GROUND= S.. attDched. FUNDS AVAIIa: NlA ....,,¡ I¡¡¡ 03 liJoJ. ITEM NO. C-3:-t~ DATE: Odober7.1Qg7 REGULAR [ ) PUBLIC HEARING [ J CONSENT (XX) PRESENTED BY: CHARlt:S BICHT ,- -. ,:.' .' ~..: ¡:;i o .... -. ffiEVIOUS ACTION: November ~1. 1998 BOCC apPl'Ovød bid waiver .1d lole source October 9. 1996 BOCC approved bid waIY.. and 101. COUICU RECOMMENDATION: Stllf r«ommondl 1ppn:waJ of the bid waiver and lOIe IOUtCI declaration for the repair and PlrtI for C.t.rplU~ te K'IIy Tractor end for RI)( end V'*to to L B. Smith , I COMMIS'IOH ACTION: l ~PPROVED [J DENIED [ ] OTHER: COIIIIIr AI.....,,¡:o ,* . ~ 0e II: ,~ CIoIoIIr.. c;."tntr.IAI.....- Caar4ia.tlD.J.l,aat~. Uti- &. D'~ 0IIIIr. " \1Ø\ACllllDU\u..IYI..\c.\~-,,&....1JId . z~ County Administrator ..... rÞ . ,'. ~"'410 0lIll1li fllll!17 / :' 10/30/96 l~:U~ ~.~ ~ ""'''''......L..... "'~~ ,.,. .. TO: aOARD OF COUNTY COMMISSIONERS REG ULAR: ( ) PUBLIC HEARING: ( ] CONSENT: (X] PRESj)'TëD ~: r:.~L r1bP Charlie Bicht - PUl'Chaslng Manager SUBMITTED BY (DEPT): PURCHASING SUBJECT: BId waIver and Sole Source declaration for certain County equIpment BACKGROUND: Staff requeats consIderation for a bid waiver and sole source deçlal'lltlon to Kelly tractor for Caterpillar parts and service and to L.B. Smith for Rex and Volvo parts and service. Each 'of these vendon; have protected territories from each manufacturer. SInce the County does In excess of $10,000 with each vendor the County Is required to receive sealed bids. In most cases, this is not possible because only One bid could be submitted due to the protected territories. Each Case wrJI be analy%ed to detennine if it fits this situation. In all cases that do not fit this situatIon, the department will be required to . obtain bl.. or quotation... stlpul.... In the Pu",...lng m,ou.l. ,., n FUNDS AVAILABLE: (State type & number of tranaactions .2! N/A): N/A .c ~, -', PREVIOUS ACTION: I ' ' On November 21,1995, the Board of County Commissioners approved the bid waivé? and sole source declaration for Kelly Tractor and L.B. Smith. (Item No. C-4) ::,': -'. ,. '_I RECOMMENDA TION: Staff recommends approval of the bid waiver and sole source declaratIon for Kelly Tractor and L.B. Smith - ~ · ¡. ; þ . '.J.. Q · COMMISSION ACTION: ~ROVED DENIED OTHER: ~ Thomas R.L.Klndred County AdmInistrator · COllnty Attorney: ~(~ Review and ADProvals Manag~m.ht and BUdlJet: PurchasIng: oP> Originating Dl!pe: Other: o lit er: FInance.: Cl¡~ck for copy only, If applicable: - - ~.- e , '-" 'wi r . f ¡ MEMORANDUM DIVISION OF SOLID WASTE TO: Charles Bicht, Purchasing Manager Leo 1. Cordeiro, Solid Waste Manager ê September 11, 1996 FROM: DATE: RE: L.B. Smith / Kelly Tractor Charlie, please request the Board of County Commissioners approve the bid waiver and sole source declaration for Kelly Tractor and L.B. Smith again this fiscal year (96-97). We had Board approval last fiscal year (95-96), Item No. C-4. . . t ," " . '-' AGENDA REQUEST .....,; ITEM NO. 'C-4 ~ ,. . , DATE: November 21,1995 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED B'f(DEPT): PURCHASING SUBJECT: Bid waiver and Sole Source declaration for certain county equipment. PRESENTED BY: CHARLES BICHT BACKGROUND: Staff requests consideration for a bid waiver and sole source declaration to Kelly Tractor for Caterpillar parts and service and to L. B. Smith for Rex and Volvo parts and service. Each of these vendors have protected territories from each manufacturer. Since the county does In excess of $10,000 with each vendor the county is required to receive sealed bids. In most cases this is not possible because only one bid could be submitted due to the protected territories. Each case will be analyzed to determine if it fits this situation. In all cases that do not fit this situation, the department will be require to obtain bids or quotations as sti¡:pulated in the Purchasing Manual. 1 FUNDS AVAIL.(State type & No. of transaction ill N/A): N/A PREVIOUS ACTION: N/A RECOMMENDATION: · Staff recommends approval of the bid waiver and sole source declaration for Kelly Tractor and L.B. Smith. COMMISSION ACTION: CONCURRENCE: . [ ] APPROVED [] DENIED [ ] OTHER: Thomas R. L. Kindred County Administrator County Allorney: 52(" coordination/Siqnatures Asst.Co.Admln: Engineering Olr: .. & Budget: Prop. Acq.Dlr: Grants Coor: Public Workl Admin: UUIIUel Ser: Olher. LellUTe Servlcn: Purchasing Olr. Other. Finance Olreclor. Comm. Oev. Admin: Other. r':H .., It',....... ~.&. ... '" '-' MEMORANDUM SOLID WASTE DIVISION RE: CHARLIE BICHT, PURCHASING MANAGER LARRY YOEMANS, SOLID WASTE SUPERINTENDENTdV- NOVEMBER 9, 1995 PURCHASE ORDER OVER $10,OOO.OO/KELL Y TRACTOR & L.B. SMITH TO: FROM: DA TE: ------------------------------------------------------------------ ------------------------------------------------------------------ We need the Board of County Commissioners to approve a purchase order for $30,000.00 for parts and repairs for the caterpillar equipment. Last year we spent over $27,860.00 with Kelly Tractor for caterpillar parts excluding major repairs. #1 This is the only dealer in this part of the State; other dealers cannot give discounts on parts. #2 A lot of our caterpillar equipment is on a guaranteed buy-back and total cost warranty. This requires us to get parts and repairs from the dealer. #3 All dealers require that they do the repairs and replacement parts and they must be original equipment L.B. Smith is the only dealer in the State. All Rex and Volvo parts an~elVice must go through L.B. Smith; this is strickly sole source. Last year we had erght (8JjJurc~e orders for $2,499.00, and one (1) for $5,000.00 for a total of $24,992.(j(}. ,Th~ doeiiot count for the major repairs that went before the Board of County Co~issiGBers. S~ -- S! --.'-" m 'Y'"!': - (fJ'-;:: W -. If you have any questions, please contact me at extension 1768. L Y/cv C- O c z =<! :Þ -..J W o ,-" '--'~ m' . '-' lJ :-1 cc: Leo J. Cordeiro, Solid Waste Manager cv/larry:kelysmit , . '-" ....., -- Petition of C.A.T. Roll-off Service and Recycling Yard for a conditional use permit to allow the operation of a recycling facility in IH zoning. Petition of Dr. Susan McClure for a conditional use permit to allow the operation of an enclosed kennel in AR-1 zoning. B. Public Works The Board approved permission to advertise a public hearing for the Oleander Business Park MSBU for December 19, 1995. C. Community Development The Board approved permission to advertise a public hearing for the petition of Michael Thompson requesting a waiver from the fencing requirements for pools, on December 19, 1995. 3. MANAGEMENT/BUDGET. A. Budget Amendment No. 96-105- The Board approved the amendment authorizing $2,400. to be transferred from contingency to'pay stormwater fees for the Mets Stadium to the city of Port st. Lucie. B. Resolution No. 95-247- The Board approved the resolution appropriating the FAA Road I & S Fund Budget. . . ~ C. Budget Amendment No. 95-034 The Board approved the amendment transferring contingency to the Commission and Fees/Tax Collector and Fees/Property Appraiser funds. $750.00 from and Commission D. Resolution No. .95-248 The Board approved the resolution appropriating $70,000. for the FFARoad Capital Projects Fund. E. Resolution No. 95-251 The Board approved the resolution appropriating $500. for the Southern Oaks Es~ates Street Lightin~ District. F. AT & T Subscription Agreement- The Board approved the AT & T UniPlan Long Distance Service Subscription Agreement-Release and Settlement Agreement and authorized the Chairman to sign the agreement. 4. PURCHASING Bid Waiver/Sole Source- II -.;.,' / - c¡ s''-- The Board approved the request· to waive formal bid process for parts and service for certain county equipment. Declare sole source for parts with Kelly Tractor and L.B. smith for service on this equipment. .;" {f. .,,~'7'¡' . ~ ' I Vendor Name LB .~ t' Purchase Order NO; 1'9610128 ¡'¡ Change Order ReqUÐst NO]: One (1) . Change Order Request Date: 12-15-95 i ''')'- Dept/Drr. Public Yorks J.andU.u. Contact Person: .5IIWID r..aveu.~!u;:e REQUEST THE FOLLOWING CHANGE TO 1111: ABOVJ.: PO (")r TI-tE APPUCABLE BOXES) Unit Price: hem No: Item No: Item No: ./i'BI œ ) ."'~"::"~ ''''':1' ¡:~;~w .:::~:~.{:; [1.$*"*2. '$k: ::::rw 1r4II..."W";' œ Ii; Ii From: $ From: $ From: $ . To:!i To:L To: lL___ Order Quantity: Ilem No. 111111 Itom No. Itom No. From: 14qC) From: From: To: -11.I,CJCj To: To: ----- ------- Delate Item (only If the entire ordor qty of Item ha,c¡ and will not be received): hem No.: Rnason: Item No.: Reason: Item No.: Reason: Acid Item: Item No.: _ Oty: UOM: Unit Prlc:e: $ Description of Item: Commodit¡ No. Account No. _ LocnUon Code: *..*.**....**.*****..*****************.********..ð******...******************* Item No.: Oty: UOM: Unit Price: $ . Description of Item: Commo<.llty No. Account No. LOGatlon Code: *.*****.***********************ft***************(,.ft*****.*.ft******..***..****** Item No.: aty: Description of Item: _ Aqcount No. UOM: Unit Price: ~ Commodity No. Location Code:_ Cancel Purchase Order (only If entire order has and will not be recolved): Reason: .' Account Number: Item No.: _ From: Itom No.: From: Item No.: From: Item No.: From: To: Tu: To: To: ---- CIOS9 out Purchase Order: Item No.: _ From: $ To: $ .. Item No.: _ From: $__ To: $.~-:_". Itam No.: _ From: $ To: $~_. 110m No.: _ From: $ To: $ "* .. Thl9 should be the final amount Irwolcud against tl"l19 Itom. Other Changes: HANGES (TO DE COMPLETED BY REGUES11UG DEPTIDIV): b~ tbe BCC on 11-21-95 ____. - -- Puro::hnelng Dlre!::or ... " ,_ 0._ ro......_ ,....-...._ ..._~_ ,..., .,.___.......... .., _'- IT".. ..1._.. 4 ,. ... " d·' ~rc .'" C .. N\ 1r.O ounty ommlssloners Sl. Luci~ County . 2300 Virginia Ave . FI Pien:e FL 34982·5652 t~' . 'Ione: (407) 462-1700 ,407) 462·1704 Date: 10102/95 ..... ....,¡ VENDOR COpy This IlIfonnøli(ln mu.~t appear 011 all ducumcnlt Ind Jllcklgel PURCIIASE üJlD:ER L B Smith Inc 3861 State Road 710 I.liviera Beach FL l -~----- ---- . --.--.-. - --. .-------------- ~', r Vendor: 12371 Instrllcliom: 33404 _______...__n______' \.....--.-.-..--.--..... -- --. . . -----. - .- ,_._-~._---- _..__._._-_.__._---~ F..xtc:nded ~~~t~%~~lmm~w;m~~%~~g~¡<@\¡@~:w;:,t¡bi¡¡~~$~~~~~:k':M&'<r$i?W~~;;~:t;:~~~Íi'ªMg¡f¡~~~u:;m 2499 Ell. Landfill General Ledger Iny.!!!nt;þry.lt~II;~;·(Ï<11000) 10/02/95 $1.0000 $2,499.00 ,..;.... ........ . ~::',~ " - ". .," ~,..:.: .....v····· ..:~: _ .,';; ';'; ..: ~:-.., '::-' H.H....H General LedgeX'Muft.tplé\,P9i"~·\··* .~**Ù 1'his code for use with Lá~dfilt ge,,;';:nb,.!edgei\ A inventory items only ',/.':;:':"/!',,,,,:··<:::',,,,:'\:".:w:i'¡: """",. Account II: B 401 /':660.0 '.' I. PARTS ONLY â~:{. "'%~::.'{~~:'..:::.,:<.,. /:~2 t The preceding Ite~~ \4;6"(.*<:""" l:,/ ',. ...-., f ~ : :. \blic works/Solid wa!/.~~p~ ..,:'¡,iC,¡"" /f 1.20 Glades tut-off R9~~1-..0f.\?!"P'i": )rt pierce .~ ~ 'FL ;:~~::::3498i ~ ~ ~ ~ \l :;.":- \\ \\ :~, ~ > > ':: =" \\ \\~\:. ;', ".. ..;......::\:,..; .::+ ":' ':+. "'"'. '~'. '~'J.... . .-." -*.- --....---...-.-..--.---------.--.. PLEASE SEND INVOICES TO:! St. Lucio County Flnanco Department 2300 Virginio Ave Ft Pierce FL 34982-6652 $2,499.00 ''-\11.__- .,.¡Ii order oub:] oct to all tOrDIlJ ftnd ~ndltionø set for.th on the rQVerS8 side. .--- Purchasing Dircctor ppge _---=- L...- '-'" ..., AGENDA REQUEST ITEM NO. C2c DATE: October 9.2001 . REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (XX) . TO: BOARD OF COUNTY COMMISSIONERS ~ o J. cordeiro' Solid Waste Manager SUBMITTED BY (DEPT): SOLID WASTE DIVISION SUBJECT: Staff requests the Board of County Commissioners grant permission to advertise for bids on the abandonment of an Artesian Well, located at the Glades Road landfill. BACKGROUND: On the western border of the landfill site, next to 1-95, there is an abandoned Artesian Well. The South Florida Water Management District (SFWMD) considers free flowing artesian water to be a pollutant and a threat to our surficial (drinking water) aquifer. (Please see the attached memo from the County Engineer, Don West). CDM has prepared a bid form and spec for the abandonment of this Artesian Well. FUNDS AVAilABLE: Funds are available in Account #401-3410-534000-300 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners grant permission to advertise for bids on the abandonment of an Artesian Well, located at the Glades Road landfill. III APPROVED o DENIED CE: COMMISSION ACTION: o OTHER: Dou las Anderson County Administrator 181 County Attorney: 181 Originating Dept: (Pub. Wks.J ii.J Ch ./ Jd~ Review and Approvals o Management and Budget: 181 Purchasing: á o Other: 181 Other: (Landfill) o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this maeting should contact the St. Lucie County Community Services Manager at 561-462-1777 or TTD 561-462-1428, at least 48 hours (48) prior to the meeting. Anne' Marino - Abandonmenf of Artesiar .. 'ells From: To: Date: Subject: Don West Leo Cordeiro 9/19/011:13PM Abandonment of Artesian Wells I am appreciative of your efforts to abandon and seal off the existing Artesian Well located on the St. Lucie county Landfill site. This action demonstrates good policy on the part of our County government. The South Florida Water Management District considers free - flowing Artesian water to be a pollutant and threat to our Surficial (Drinking Water) Aquifer. Water from the Floridan (Artesian) Aquifer is generally very high in Chlorides and dissolved salts. If allowed to percolate into the ground, this can intermix with the Surficial Aquifer. and create a problem for neighboring drinking water wells. This issue was addressed in the Upper East Coast Water Supply Plan as a policy statement. This document was published by SFWMD in February of 1998, and represents our "Blueprint" for water supply planning over the next 20 years. in the Upper East Coast Region. f SFWMD is currently trying to re-establish a voluntary program to promote the abandonment of Artesian wells. Thanks for your efforts! Don cc: Raymond Wazny CDM '-" Camp Dresser & McKee Inc. '-' consulting 1701 State RoadA-1-A, Suite 301 engineering Vera Beach, Florida 32963 conslrucffon Tel: 561 231-4301 Fax: 561 231-4332 operations September 25, 2001 Mr. Leo Cordeiro Solid Waste Manager St. Lucie County 6120 Glades Cut-off Road Ft. Pierce, Florida 34981 Subject: St. Lucie County Glades Cut-off Road Landfill Artesian Well Abandonment CDM Project No. 6277-31954-091 . Dear Mr. Cordeiro: Transmitted herewith are the bid form and specification for the abandonment of the artesian well on the landfill site. Also enclosed, as an attachment to the well specification, is a copy of the caliper log performed by Advanced Borehole Services on January 8, 2001. Please feel free to contact our office with any further questions. « Very truly yours, CAMP DRESSER & McKEE INC. íi&~ EJG/rb Enclosures File: 6277-31954-091 c: Ron Roberts, SLC rb3794.doc ~ \"""I bc: Jill Grimaldi Alex Makled Stew Magenheimer . . , 1 . 4 '-" .....,,¡ SECTION 02735 WELL ABANDONMENT PART I GENERAL f 1.01 SCOPE OF WORK f A. Furnish all labor, materials, equipment, and all other facilities and incidentals required to plug one (I) 6-inch diameter flowing artesian well at the St. Lucie County Landfill in St. Lucie County, Florida. The anticipated well depth is 890 feet below ground surface. There are no plans available documenting the well design and depth. The CONTRACTOR shall perform a television survey of the well from the surface to the total depth of the well prior to plugging the well to identify the depth of the bottom of the well and casing. ~ B. The plugging of the well shall be executed by pouring gravel from the bottom of the well to 20 feet below the bottom ofthe casing, pouring a fine sand cap from the top of the gravel to 10 feet below the bottom of the casing, and installing neat cement grout from the 10 feet below the bottom of the casing to 3 feet below ground surface. These depths are approximate, and shall be finalized after review of the television survey. . 1 C. Work shall not begin on the well plugging until the television survey is completed, the design for the plugging of the well has been completed by the CONTRACTOR, and approved by the ENGINEER. D. This section is intended to give a general description of what is required, but does not cover all variations that may occur during well plugging. . 1.02 REVIEW A. The ENGINEER shall review with reasonable promptness Shop Drawings, the proposed plugging plan, samples, gravel, backfill material, and other required submittals; but the ENGINEER's review shall be only for conformance with the design concept ofthe Project and for compliance with the information given in the Contract Documents. ~ I . B. The ENGINEER's review shall not relieve the CONTRACTOR from responsibility for any deviations from the Contract Documents unless the CONTRACTOR has, in writing, called the ENGINEER's attention to such deviation at the time of submission and the ENGINEER has given written concurrence to the specific deviation. t 1.03 SUBMITTALS A. Submitted to the ENGINEER, copies of all materials required to establish compliance with the Section. In addition, submit the following for the ENGINEER's review. I. A list of materials, and the name ofthe manufacturers of the materials to be used in the plugging of the wells. The list shall include, but is not limited, to the following items: a. grout b. caps and protective steel covers c. drilling fluids 6277-31954-091 \9/25/01 02735-1 """ ......,; d. gravel e. sand cap 2. The source and location of potable water supply, written authorization of the supplier, method oftransporting and containing the potable water. 3. The method of fluid disposal. 4. Type of television camera and logging unit. · B. During plugging of the well, maintain at the well site a complete log setting forth the following: I. The reference point for all depth measurements. 2. The depth at which material is set. 3. The depth at which hole diameters change. 4. Other pertinent data requested by the ENGINEER. · C. During plugging of the well, a daily detailed driller's report shall be maintained and submitted as requested by the ENGINEER. The report shall give a complete description of amount of sand, gravel, and cement grout installed, number of feet plugged, number of hours on the job, shutdown due to breakdown and other pertinent data requested by the ENGINEER. · D. During plugging of each well, two sets of cement grout samples shall be collected and preserved, in a manner approved by the ENGINEER. Samples shall be clearly and indelibly labeled with the following information: I. Location of the well. 2. Name or number of the well. 3. Depth interval represented by the sample. 4. Date taken. 5. Time taken. f · t E. Upon completion of the well plugging, submit to the ENGINEER a report to include the following: I. The depth or location of any lost fluids, drilling materials, or tools. 2. The amount of cement grout (number of sacks) used for the plugging. 3. The depth and description ofthe well casing. 4. The depth interval of gravel. 5. The depth interval of sand cap. 6. The depth interval of cement grout. 7. Other pertinent data requested by the ENGINEER. t F. Well completion reports must be submitted by the CONTRACTOR to the South Florida Water Management District (SFWMD) within I month of the date of the completion of plugging. G. Duplicates of the aforementioned completion reports shall be furnished to the OWNER and ENGINEER upon completion ofthe plugging. H. Within 7 days ofthe well plugging, the CONTRACTOR shall forward to the local health department, with copies to the ENGINEER, detailed sketches showing the plugging ofthe well. 6277-31954-091 \9/25/0 1 02735-2 - ~ -..",,¡ 1. Shop Drawings and Samples 1. The ENGINEER shall review with reasonable promptness, shop drawings, samples, gravel, and other required submittals; but the ENGINEER's review shall be only for conformance with the design concept of the project and for compliance with the information given in the Contract Documents. 2. The ENGINEER's review shall not relieve the CONTRACTOR rrom responsibility for any deviations from the Contract Documents unless the CONTRACTOR has, in writing, called the ENGINEER's attention to such deviation at the time of submission and the ENGINEER has given written concurrence to the specific deviation. 1.04 REFERENCE STANDARDS A. American Water Works Association (AWWA) B. American Society for Testing and Materials (ASTM) C. American Petroleum Institute (API) D. The latest revisions of the Florida Administrative Code (F AC), Florida Department of Environmental Protection, Chapters 62-531 and 62-532 shall apply as referenced herein. E. The latest revisions of Water Management Rules, Chapter 40E-3, Water Wells, SFWMD, shall apply as referenced herein. F. Where reference is made to one of the above standards, the revisions in effect at the time of bid opening shall apply. 1.05 QUALITY ASSURANCE . A. The CONTRACTOR responsible for plugging the wells shall be licensed by the Florida Department of Environmental Protection (FDEP Chapter 62-531 FAC) as a water well contractor employing only competent personnel for the execution of this work and all such work shall be performed under the direct supervision of an experienced well driller satisfactory to the ENGINEER. B. The well driller shall be capable of identifying geologic formations, maintaining complete and current well logs and daily notes for the well plugging completion report. As part of the bid submittal, the Bidder shall complete a questionnaire intended to describe his/her qualifications to complete the work. C. The OWNER may make any other investigations deemed necessary to determine the ability of the CONTRACTOR to perform the work and the CONTRACTOR shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. D. Furnish satisfactory evidence upon request, that all materials to be furnished in performing the specified work are new and all equipment to be used is in good working order. E. Complete the work described in this Section in accordance with applicable portions of the Rules of the Florida Department of Environmental Protection (FDEP) Chapter 62-532 FAC, and modifications to those Rules granted by SFWMD. 6277-31954-091\9/25/01 02735-3 """ ......, 1.06 DESCRIPTION OF SITE A. The well is located to the north of the landfill along the Florida Turnpike. Access will be provided by the OWNER. 4 B. Bidders are required to visit the site prior to submittal and conduct whatever investigations they deem necessary to familiarize themselves with conditions at the site and with any difficulties that may be present in completing the work as specified herein. Bidders shall obtain permission from the OWNER to visit the site. 1.07 PERMITS A. Within 5 working days of receipt of notice to proceed, apply for well plugging permits from SFWMD. The well shall be plugged in accordance with the Rules of FDEP Chapter 62-532, F AC and rules by the SFWMD Water Management Rules Chapter 40E-3 for this project. The permits shall be available for inspection at the site, during plugging procedures. The CONTRACTOR shall be responsible for obtaining permit time extensions in accordance with the rule specified above, if well work extends beyond the permit validity date. B. The CONTRACTOR shall be responsible for obtaining any Federal, State, or local permits required for plugging the well, discharging water from the site, or clearing the site for work or access. C. The CONTRACTOR shall not perform any work on the well until these permits are obtained. D. The CONTRACTOR shall furnish separate copies of all permits to the OWNER and the ENGINEER as the permits are received. Copies of all permits shall be furnished to the ENGINEER prior to mobilization. 1.08 UNDERGROUND AND OVERHEAD UTILITIES A. The CONTRACTOR shall be responsible for securing information concerning the location of underground and overhead utilities at the site, prior to the start of well plugging. B. Damage to underground and overhead utilities resulting from the actions ofthe CONTRACTOR are the sole responsibility of the CONTRACTOR. 1.09 NOTIFICATION A. Five days prior to the commencement of work, the CONTRACTOR shall supply to the ENGINEER in writing, with the proposed work schedule including the following: 1. The starting date of the well plugging program. 2. The completion date of the well plugging program. B. The CONTRACTOR shall notify the ENGINEER in writing, as to the number of well plugging rigs and personnel to be used on the project. Any change in the number of rigs and personnel shall require written notification of the ENGINEER, 48 hours prior to the change. 6277-31954-091\9/25/01 02735-4 ~ ......, C. Twenty-four hours prior to the start of any plugging activities, the ENGINEER shall be contacted by the CONTRACTOR. The CONTRACTOR shall similarly notifY SFWMD and other regulatory agencies as required. . D. No work shall be performed by the CONTRACTOR without completing these notification requirements. 1.10 WELL PLUGGING ACCEPTANCE CRITERIA A. All gravel, sand caps, and cement grout shall be set to the depth and thickness approved by the ENGINEER, after the design is finalized after review of the television survey video tape. B. No payment for the well plugging shall be due to the CONTRACTOR if failure to meet all depth requirements. 1.11 WARRANTY A. Well plugging to include backfilling, plugging, capping and sealing shall be warranted for a period of 1 year. If any portion of the well abandonment fails during the warranted period, replace or restore that portion of the abandonment at no expense to the OWNER. PART 2 PRODUCTS 2.0 1 GRAVEL A. Gravel shall be clean lime rock, washed and uniformly sized, with a minimum diameter of 5/8-in and a maximum diameter of 3/4-in. Gravel shall be disinfected prior to installation. 2.02 SAND CAP A. The sand cap shall be clean 6 - 20 sand. Sand cap shall be disinfected prior to installation. 2.03 GROUT A. The grout used to fill the borehole and casing from the top ofthe sand cap to ground surface shall be Type II(ASTM CI50), sulfate resistant, neat portland cement. The amount of water added to cement shall be no greater than specified by the manufacturer. Use of all other additives shall have the prior approval of the ENGINEER. B. All water used for plugging of the well shall be potable water as defined by FDEP. 2.04 DRILLING FLUIDS A. Drilling mud shall be Quick-Gel as manufactured by N. L. Baroid Inc. or equal. B. The use of drilling mud, fluid additives, or lost circulation material must have the prior approval ofthe ENGINEER. C. All water used in the plugging of the wells shall be potable water. 6277-31954-091\9/25/01 02735-5 '-"', ....., 2.05 TELEVISION SURVEY A. The camera assembly shall be equipped with a camera, lens, and light suitable for work in submerged areas, with the light capable of illuminating the well so that a clear, representative view of well interior details in color may be obtained. B. The camera assembly must be capable of providing a vertical view and a view of90 degrees to vertical. Alternatively, a camera assembly with an articulating lens may be used to provide both vertical and oblique views of the well. C. The television logging unit shall be equipped with sufficient cable to convey the camera assembly to the bottom of the well. The logging unit shall be capable of recording the well depth on the videotape as the camera assembly progresses down the well. D. The television logging unit shall be equipped with a videotape recording machine to record the television survey in color in VHS fonnat. PART 3 EXECUTION 3.01 SEQUENCE OF WORK A. The CONTRACTOR shall initially remove the existing bib and fittings and detennine the artesian pressure and flow rate and the depth ofthe well. It is anticipated that the well will be under flowing artesian conditions. B. The television survey shall be perfonned after removal of the existing bib and fittings. C. After detennining the depth ofthe bottom ofthe casing from the television survey, the CONTRACTOR shall determine the final design of the well abandonment including proposed depths for gravel, fine sand, and grout. The CONTRACTOR shall submit the final design of the well abandonment to the ENGINEER for review. This review shall in no way relieve the CONTRACTOR in any way from confonnance with the design concept and for compliance with the infonnation provided in the Contract Documents. D, After approval of the final design of the well abandonment, the CONTRACTOR shall install the gravel, fine sand cap, and grout to the depths specified. E. The television survey and the installation of gravel, fine sand cap, and grout shall be perfonned in the presence ofthe ENGINEER. F. The CONTRACTOR shall cut off the casing 3 feet below ground and cap the casing stub with concrete. G. The excavation shall be filled with backfill material to grade and the site restored. 3.02 TELEVISION SURVEY A. The CONTRACTOR shall perfonn the television survey from the top of the casing to the bottom of the well. The survey shall be recorded on VHS fonnat videotape. B. The television survey shall be perfonned in the presence ofthe ENGINEER. 6277-31954·091 \9/25/0 I 02735-6 "". ......" C. The CONTRACTOR shall illuminate the well and run the survey tool at rates specified to obtain a clear, representative picture ofthe well interior so that well conditions may be ascertained. To obtain a representative picture, the well may be required to be pumped or be allowed to flow to reduce the turbidity of the water in the well. D. The CONTRACTOR shall take full responsibility for the television survey of the well and shall hold harmless the OWNER and ENGINEER for the loss of tools. The CONTRACTOR shall receive no payment for the time and material for removal of lost tools and equipment and no compensation for replacement of equipment and lost time. E. The CONTRACTOR shall provide to the ENGINEER one field copy of the videotape and 6 final copies of the television survey videotapes. The field copy shall be provided immediately after completion ofthe television survey. The final copies of the survey shall be provided within ten working days of survey. 3.03 GRAVEL INSTALLATION A. Gravel shall be installed from the bottom of the well to 20 feet below the bottom of the casing. B. The CONTRACTOR shall install gravel utilizing a suitably sized tremie pipe so that it is evenly distributed in the well. The initial position of the bottom of the tremie pipe shall be approximately 100 feet off the bottom of the well and shall be moved up as the gravel is installed so as not to become stuck in the well. The gravel may be installed by slurry and may require a pump for installation. C. The CONTRACTOR shall disinfect the gravel in a manner approved by the ENGINEER prior to placement in the borehole. D. The CONTRACTOR shall be responsible for ensuring that the gravel does not bridge during installation, by tagging the gravel prior to installation of the sand cap. r f bridging occurs, the CONTRACTOR shall be responsible for removal of the bridge. No payment for time and materials involved for bridge removal will be made to the CONTRACTOR. E. The CONTRACTOR shall take full responsibility for gravel installation operations, including volumes to be used and insuring the tremie pipe is not stuck in the well. No payment will be made for loss oftremie pipe. 3.04 SAND CAP A. The CONTRACTOR shall install the sand cap to keep grout from entering the graveled interval. The sand cap shall be installed using the tremie pipe method and will be installed from the top of the gravel to 10 feet below the bottom ofthe casing. B. The CONTRACTOR shall disinfect the sand cap material in a manner approved by the ENGINEER prior to placement in the borehole. C. The CONTRACTOR shall tag the top of the sand cap prior to the installation of grout. 6277-31954-091\9125101 02735-7 '-" ..." D. The CONTRACTOR shall take full responsibility for sand cap installation operations, including volumes to be used and insuring the tremie pipe is not stuck in the well. No payment will be made for loss oftremie pipe. 3.05 GROUT INSTALLATION A. The CONTRACTOR shall install neat cement grout from 10 feet below the bottom of the casing to 3-ft below the ground surface. B. All grout shall be pumped using a tremie pipe. The tremie shall initially be placed a minimum of 100 feet above the top of the sand cap after the top of the cap is tagged and moved up the well as grout is pumped. C. The grouting shall be done continuously and in such a manner that will assure the filling of the borehole and casing in one continuous operation. No work in the well will be pennitted until at least 72 hours after grouting the well, or a minimum of 24 hours if quick-drying cement is used and the CONTRACTOR can demonstrate adequate drying of the cement grout. Notification to the SFWMD or other local officials is responsibility of the CONTRACTOR. D. The CONTRACTOR shall take full responsibility for grouting operations, including volumes to be used and insuring the tremie pipe is not cemented. No payment will be made for loss of tremie pipe. 3.06 WELL HEAD COMPLETION A. The well casing and cement sheath shall be cut and removed 3 feet below grade. A concrete plug shall be poured around and over the top ofthe well casing stub. The plug shall be 4 to 6 inches thick. B. After the concrete plug has set, the excavation resulting from the removal of 3 feet of casing shall be filled with backfill material approved by the ENGINEER. The excavation shall be filled to grade and level with the existing ground surface. 3.07 F AUL TY WELL PLUGGING A. If the CONTRACTOR fails to meet the Well Plugging Acceptance Criteria as stated in Paragraph 1.10 above, the CONTRACTOR shall remove improperly placed material from the well and plug the well as specified, at no additional cost to the OWNER. 3.08 PROTECTION AND SITE CLEAN-UP A. At all times during the progress ofthe work, use all reasonable precautions to prevent either tampering with the wells or the entrance of foreign material. B. Immediately upon completion of a well, the CONTRACTOR shall remove all of the equipment, materials and supplies from the site of the work, remove all surplus materials and debris, remove all equipment, fill in all holes or excavations, and grade the site to elevations of the surface levels which existed before work started, and sod to match existing. The site shall be thoroughly cleaned by the CONTRACTROR and approved by the ENGINEER. If 6277-31954-091\9/25/0 I 02735-8 v -.....J the CONTRACTOR fails to comply with these requirements, the OWNER has the option to retain other CONTRACTOR's to complete the clean up, grading, etc. The cost of this work shall be deducted from money due the CONTRACTOR or to become due for plugging of the wells. END OF SECTION 6277-31954-091\9/25/01 02735-9 '-" ~ SECTION 00300 BID FORM PROJECT IDENTIFICATION: ~ ARTESIAN WELL ABANDONMENT GLADES CUTOFF ROAD LANDFILL ST. LUCIE COUNTY CONTRACT IDENTIFICATION AND PROJECT NUMBERS: SLC BID NO. 00- CDM NO. 6277-31954-091 THIS BID IS SUBMITTED TO: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY (hereinafter called OWNER) I. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a Contract with OWNER in the fonn included in the Contract Documents to perfonn and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid Fonn and the Agreement, and in accordance with the other tenns and conditions of the Contract Documents. 2. Bidder accepts all of the tenns and conditions of the Bidding Documents, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for ninety (90) calendar days after the day of Bid opening. Bidder will sign the Contract and submit the Contract Bonds and other documents required by the Contract Documents within fifteen (15) calendar days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract, that: (a) Bidder has examined copies of all the Bidding Documents and ofthe following Addenda (receipt of all which is hereby acknowledged): Dated Dated Dated Dated Dated Dated Dated Dated No. No. No. No. No. No. No. No. (b) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, pro- gress, performance or furnishing the Work. 6277-31954-0919/25/01 00300-1 '-' -..J (c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and accepts the detennination set forth in paragraph SC-4.02 ofthe Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. (d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, perfonnance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other tenns and conditions of the Contract Documents, including specifically the provisions of paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar infonnation or data are or will be required by Bidder for such purposes. (e) Bidder has reviewed and checked all infonnation and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar infonnation or data in respect of said Underground Facilities are or will be required by Bidder in order to perfonn and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other tenns and conditions of the Contract Documents, including specifically the provisions of paragraph 4.03 of the General Conditions. (f) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the tenns and conditions ofthe Contract Documents. (g) Bidder has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to Bidder. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in confonnity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, fInn or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER. (I) Bidders are expected to examine the specifications, delivery dates, bid prices and extensions, and all instructions pertaining to supplies, services, or equipment. Failure to do so will be at Bidder's risk. 4. Bidder agrees to complete the Work for the prices(s) indicated in the Schedule of Prices which follows: 6277-31954-0919125/01 00300-2 '-" "-tI SCHEDULE OF PRICES ST. LUCIE COUNTY ARTESIAN WELL ABANDONMENT GLADES CUTOFF ROAD LANDFILL BASE BID ITEMS · ITEM NO. I - BONDS, INSURANCE, AND MOBILIZATION Public construction bond provisions, insurance, mobilization of labor, equipment and supplies, and for demobilization of labor and equipment for the abandonment of the well and related work. (NOT TO EXCEED 4% OF GRAND TOTAL BASE BID) Lump Sum Item No. I $ t Written ITEM NO.2 - WELL ABANDONMENT For purchasing and delivery to the OWNER, all materials, equipment and supplies necessary to complete the work, including installation of all materials, equipment and supplies, warranty, engineering services, all other labor, permit fees, taxes, insurance, other maintenance costs, overhead and profit for abandonment of the 890 foot artesian well including, but not limited to, performing television survey over the entire well length and furnishing and installing gravel, sand cap, and neat grout to plug a 6-inch diameter artesian well from bottom to top as specified herein and as shown on the plan sets of Drawings and the Contract Forms and Specifications. · · A. Perform television survey over entire length ofwelJ (890 feet). lump sum $ Written 150 cubic feet of gravel, installed via the tremie method. per cubic foot $ c Written TOTAL FOR 150 CUBIC FEET $ B. 3 cubic feet of fine silica sand, installed via the tremie method. per cubic foot $ Written TOTAL FOR 3 CUBIC FEET $ 6277-082\912510 I 00300-3 '-"" "-t1 C. 70 cubic feet of neat grout, installed via the tremie method. per cubic foot $ Written TOTAL FOR 70 CUBIC FEET $ TOTAL ITEMS NO.2 $ GRAND TOTAL BASE BID (ITEM NOS. 1 AND 2) $ Written 5. The Bidder agrees that the Work will be substantially completed within the prescribed calendar days as stipulated in the Contract (Section 00500) and in accordance with Paragraph 14.08 of the General Conditions (Section 00700). Time commences to run as provided in Paragraph 2.03 of the General Conditions and completed and ready for final payment in accordance with Paragraph 14.13 of the General Conditions and the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Trench Safety Act Certificate (Section 00301). (b) Bid security (Section 00410, surety bond, cashier's check, or certified check). (c) Power of attorney (for surety bond only). (d) Questionnaire (Section 00430). (e) Schedule of Suppliers (Section 00450) and Alternate Suppliers (Section 00460). (f) Non-Collusive affidavit (Section 00480). (g) Corporate authority to execute Bid (any corporate employee other than president or vice-president) (Section 00485). (h) Proof of St. Lucie County Certificate of Competency. 7. Communications concerning this Bid shall be addressed to: c 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. 6277-082\9/25/01 00300-4 '-" ......., Bidder is: An Individual By (Individual's Name) (SEAL) doing business as Business address: Phone No.: A Partnership By (SEAL) (Firm Name) (General Partner) Business address: Phone No.: A Corporation By (SEAL) (Corporation Name) (State ofIncorporation) By (Name of person authorized to sign) (Title) (Corporate Seal) Attest (Secretary) Business address: Phone No.: A Joint Venture By (Name) (Address) By (Name) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). END OF SECTION 6277-082\9/25/0 I 00300-5 '-" "'-J [This Page Left Blank Intentionally] . · f · · · c 6277-082\9/2510 I 00300-6 / I r-' ~ .J - . .---. .._~--------_.._.~-_._.- COMPAHY WELL LOCA TIOH/FIELD COUI,rIY STATE SECTION DATE DEPTH DRILlEr, lOG BOTTOM lOG TOP 1,1ortOIl Pump & Drill St. Luoie Land/ill Hon8 Sl. Lucie FI None 01/08/01 UN 892.50 10 00 CASII'IG DIAMETER 0 CASII'IG TYPE Steel C-i\Sir'JG f~ijCKi'It:~.'j· u BIT SIZE G MAGI-lETlC DECL 0 MATRIX DEI,ISITY 2.71 HEUiROI'1 MATf1IX Dolomite FEET 20 Flowin9 30-50 GPM ',Iene Ii;.. ...il ASS ----~--- RAblGE 1'·lon8 KB OF Gl FILE TYPE l~one 1·lone 1'10ne PROCESSED 9065A2 THRESH 10000 ALL SERVICES PROVIDED SUBJECT TO STANDARD TERMS A~ID CO~IS CALIPER Advanced Bor'ehole Ser'vícës 81. Lucie Landfill r"--'---"---~--- I OTHER SERVICES I None I I_;~~_ _________.r TOWNSHIP blone PERMANENT DATUM ~~one LOG MEASURED FROM Top Fla DRl MEASLlRED FROM I~one LOGGING ulm None FIELD OFFICE None r<t:l.-UKûEû 8y' Arl::J BOREHOLE FLUID 0 RM 0 RM TEMPERATURE 0 MATRIX DELTA T 54 -- '__ ___ ___ _" __ __ u. ..~. _._ __ .._ _n. ._ 20 -____...__.__... _ ..wm.___ ..__...._ .....___.....,,_ __ ----- ----.-..- 30 "---.-.-....---'-. ...--------,--".-..- - _.. _ .__ ·'__.___._.h__u._.. .___.._.___.__._____ __..__.___.....__ _ _ ____ ___.__... _ ..______ _ _______ \.0 -._____..__._.__. _~_.____._u_ ....~. INCH - . --- _.~- --- --.. --. - .-- .-- --. .-. .-- CALIPER 10 o ----------~--------------.-_.__.- INCH ----.--------- I -~-- _u__ --.-...-....-_ .._._._...____.__ ...__.._ ..___.__._..__.. __..__.~__ _._ ._ ... __.__..__ .._.n .__._. _ ..._ _______.__.___u_ _._..__...____ _ ._ ......_ _ ____.______ .'_'__'-;"_ k__. _ _...·u____m____.. __._ ____u_.________ 50 ----- -~ - 60 .___._.._....____ __.__._.__.__.__. - n__.__._..___ __ __.._........._.__... . -,-- .------- ,'Ý 200 ----- ------- ~--- ---_._~_._.._- ------- 80 -----------..-. ------------- .-.----,--- -- ---- u _____.______ 90 ----------. --- "- ---- ~----,_._-. --- ------ --- -------_.. ------ 100 --- -------.-..-.---- ------ _h__ ______ __.__ 11 0 --------- -- -._--'--- .--.-.-- ------ ~-_..._._-- 120 .---.--------- ~~--- 130 -----.. -----_ --"--_0__- _____ _____ ----~-- _._---,----- ------- 140 --------- "...__u__.._.______ ~____.___.. -._-~--- ----...--- ----_.---- 150 -------- -- - - -------- -- --.-.----.- --..---- -.-----. ----.----- 160 ------ --------- ------------ --------.. -----.- ----.-- 170 -------- ---~------- ...--.-.-'--. ___n_._ _.__________ ---------_. .------ 1 80 ---.----- --..-------- -------- - .---- ------ -----.--------- - -~--- -._------ _____'n __ ---- 190 ---.------. -_._-_...._---~- ._-~--._---- ---------_. _..._--~--- -..---..----- _._---------- ---.-.---- --.-.-- -----.- .----- 210 ------- -------.- ---_.--~-_. -- ------_._~-- ----~--- 220 - -.-.----.- ------ ------- 23 0----------- --------~ -- -.-- ---..------..-.. ..----.-- ~------ 240 ___n_u__________ ---..-,-.---- ..------ -"----- --.-.....--.------ - -----------------.----. -- .------- -.------ 250 -.-.------- -----.---. ...------- -----.-.--- -------- --.--.--- ----.--.-- ------- -------- ------- 260 ------------.-----.-- -'-'- ~--_.-._._.- --...---- -.----- ---..----.- -..------- ---.---.- ---.-- 270 -.-----.--.--- -------- ---------- -------.-.-.--.-- 31 0 ---,-------- ------" --.-. ---.----.- ----_. --- 280 -------- _n_____ ---~- ----.----- ------.--- ----.---.- ------ ----------- .--- 290 --------- --..------ --------- ------------- -------------.---...-. ------...--- 300 ---------- -------- --- ----- --.----...-.- -- ----.---.- --.-.-.-----.--..-.-.- ,-------- .-..------ --------- ---- 320 340 T \,.. .¡-' ----+:)~.- - r ----- 350 360 -.... I -.--.- ---....:.... 370 380 -----"- 390 --- ----- ---_.- 500 510 520 ---- 530 540 550 I ' .SRn - o --- ---- -- ----- ------ -- --- -------- m_._____ ---. "---- ~ ------.- -.---- _n_ --.---- ----- - - ~--- 4 570 --------------- ._----~-- -----.- -- --- 580 -------. - -----._ .__.__~___ _n___.____... 590 ~-------- ----. 600 610 "------...--- -___·_u____ 620 ------- -----.-- ------ 640 - ----_._- '---'-- 650 --- -.--.----.---- ------.--.,., ..-----.- ---- --. --'--- - -----. 60 '-'.- .~--_.._.._----_.- ----- -----~- -.------- -----, 670 -------- ---------- ----.-- ------. 680 ..-._._--~-_. "--"'--'-' ----- ..--.---.---- 690 ----..._--- ..-..._-------.- ..--...--.-- ----- -------- ----- ___._._. --___.__0_____.- ____ _____.._... -.---.---..--.- ---"--- --.. I ---I . .'--- ----------.--. _._----~ ------ ..- ------ --..--- --.....- ------~. --------- --_. ------ - 730 ----- -------- ---.-.--- --.-- .------ -----.. 740 ------------- -----.------ -----._---..._- -----.-- ---~--- --.-.,--.---- - . 750 --------- -- - --------- --- - -- -. --_._- -- ----- 770 -'_._---_._-~- --...--. .-......- ..-..---....--.-- -~--- -------.------. -_.._----- -------- --- ----.---- , / 760 - -----.._, ---...-.,....----. ----~- - ---- ----- ---- --- -..----.-----.. 780 --.----.-.-- .-...---..---.- --------_. ------- .-------- 190 -----~-- ------- c___~,_____ ___.__~ 800-------------· --.--..-..---...-- ---_..._-----_.~ ---~-- --.-.----..- .._-_.~-- ,., ... r. 830 ------'-'- 840 850 860 ------.--- m.________. 870 880 "\j 820 890 FEET - .iU r :-'--. .-.- .--,..,.... .--.,-.- ---. --_. .---. ------:::--:--~r- ~ '-" ------- - ------ ~- ---- -------- ~----~----._-- - ------,. -~------ ----- --- -- - ---- -- - --------- ----~-- -- ~----.. -- ------ o INCH 20 ------ CALIPER 20 INCH 50 - --- - - -_. - ...- -- -- -- ~ -- -- -- -- - -- _.- -~-- -- --- _.-. - -.- -- .- - -- ---- - - -- - --" - - - -- -- - -- - .- -- --- - - - - - - CALIPER TOOL CALIBRATION St.Lucie Landfill 01/08/01 10:35 TOOL 9065A2 SERIAL NUMBER 718 DATE TIME SENSOR STA \/DA.RD RESPONSE I 1 Octo4,00 22:12:17 CALIPER Default [INCH ] Default [CPS] I Oct04,00 2212:17 CALIPER Default [INCH ] Defaull [CPS] I 2 Dec20,OO 14:14:35 CALI PERL 5.000[lNCH ] . 15119[CPS) I i Dec20,OO 14:1435 CALI PERL 12000 [INCH ] 24784 [CPS) I 13 Oct04,OO 22:121ì CALlPERX Default [INC;H ] Default [CPS] Oct04,00 22:12:17 . CALlPERX Default [INCH ] Default [CPS] .=,.-cC·'=·"·'~='====='7~=='=O'~·~·.-=,.~,~=~,~""._~=·=~==,.c=~"'==·".,=""==~"=~~c==,,, ==,==.=c=~~~~~_.~_==~,==J. - '-" -....I ITEM NO. C2d DATE: October 9.2001 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (XX) TO: BOARD OF COUNTY COMMISSIONERS ~ . 0 J. cordeiro' Solid Waste Manager SUBMITTED BY (DEPT): SOLID WASTE DIVISION SUBJECT: Staff requests the Board of County Commissioners approve the September 6, 2001 proposal from Camp Dresser & McKee for providing professional services related to the design/services during . construction of leachate lift station rehabilitation to replace corroded pipe, repair valves, upgrade control panels and instrumentation at the Glades Road landfill, for the total amount of $66,570. BACKGROUND: The St. Lucie County Glades Road landfill leachate conveyance system consists of three submersible type lift stations. leachate collection systems within the landfill cells remove leachate by gravity flow 4 to lift stations. Lift Station No.1 pumps leachate collected from the closed Phase I cell. Lift Station Nos. 2 and 3 pump leachate collected from the active Phases II cell and the new Phase III A cell. All three lift stations pump to the lined leachate storage impoundments. The three lift stations, 22+ years old, require rehabilitation to replace corroded pipe, repair valves, upgrade control panels and instrumentation, etc. FUNDS AVAilABLE: Funds are available in Account #401-3410-531000-300 4 PREVIOUS ACTION: N/A c RECOMMENDATION: Staff recommends the Board of County Commissioners approve the September 6, 2001 proposal from Camp Dresser & McKee for providing professional services related to the design/services during construction of leachate lift station rehabilitation to replace corroded pipe, repair valves, upgrade control panels and instrumentation at the Glades Road landfill, for the total amount of $66,570. ID APPROVED o OTHER: o DENIED t COMMISSION ACTION: ~ County Attorney: j¿ Review and ADDrovals ~ Management and Budget: f¡et) /)¡¡¡¡t:p ti,,-,/~ Other: (Landfill) o Purchasing: ~ Originating Dept: {Pub. Wks.! o Other: o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the SI. Lucie County Community Services Manager at 561-462- 1777 or TTD 561-462-1428, at least 48 hours (48) prior to the meeting. COM ~ Camp Dresser & McKee Inc. '-" consulting 1701 State Road A-1-A, Suite 301 angíneering Vera Beach, Florida 32963 construcffon Tel: 561231-4301 Fax: 561231-4332 operaffons September 6, 2001 Mr. Leo Cordeiro Solid Waste Manager St. Lucie County 6120 Glades Cutoff Road Fort Pierce, Florida 34982 Subject: Proposal for the Leachate Lift Station Rehabilitation Glades Road Landfill Dear Mr. Cordeiro: Camp Dresser & McKee Inc. (CDM) is pleased to submit five (5) copies of this proposal to provide professional engineering services related to the design and services during construction for leachate lift station rehabilitation at the Glades Road Landfill. The specific scope of work, estimated labor hour requirements, and budget for this project are included in the following attachments: Attachment A: Attachment B: Attachment C: Attachment D: Scope of Services Estimated Labor Hour Requiremf;!nts Project Budget Duties, Responsibilities and Limitations of Authority of the Project Representative We appreciate the opportunity to provide you with this proposal. If you should have any questions, please do not hesitate to call me. Very truly yours, CAMP DRESSER & McKEE INC. f¿J,~~ Alex H. Makled, P.E. DEE Principal Engineer Enclosures File: OOOO-AHMNB-MT.AHMSLC rb3767doc '-"" .-...¡ ST. LUCIE COUNTY SOLID WASTE MANAGEMENT AGREEMENT FOR PROFESSIONAL SERVICES I. PROTECT DESCRIPTION Consulting engineering services assisting the County in performing various tasks associated with the solid waste system. II. SCOPE OF SERVICES Reference is made to the attached Scope of Work and the "Agreement for Professional Services" dated April 11, 2000. III. CONSULTING ENGINEER INSURANCE REQUIREMENTS A. Professional Liability Insurance with limits of liability no less than one million dollars ($1,000,000) per occurrence. B. Worker's Compensation Insurance in accordance with Florida Statutes. C. Employer's Liability with minimum limits of one hundred thousand dollars ($100,000) each accident. D. Comprehensive General Liability with a minimum limit of five hundred thousand dollars ($500,000) combined single limit for Bodily Injury and Property Damage. IV. COMPENSATION FOR SERVICES Compensation for services shall be as follows in accordance with the "Agreement for Professional Services" dated April 11, 2000. TASK FEE/TYPE Leachate Lift Station Rehabilitation Design Services $39,880 Lump Sum Leachate Lift Station Rehabilitation Services During Construction $26,690 Lump Sum rb3767.doc 2 ~ ''''¡ WITNESS: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney WITNESS: CAMP DRESSER & McKEE INe. LJ.k- BY' 4<.&1< L-o. ~..eGO ( p. E> PrIncipal grneer rbJ767.dQC 3 --... .....,,¡ ATTACHMENT A SCOPE OF SERVICES GLADFS ROAD LANDFILL LEACHATE LIFT STATION REHABILITATION BACKGROUND The St. Lucie County Glades Road Landfill leachate conveyance system consists of three submersible type lift stations. Leachate collection systems within the landfill cells remove leachate by gravity flow to lift stations. Lift Station No.1 pumps leachate collected from the closed Phase I cell. Lift Station Nos. 2 and 3 pump leachate collected from the active Phases II cell and the new Phase III A cell. All three lift stations pump to the lined leachate storage impoundments. The three lift stations require rehabilitation to replace corroded pipe, repair valves, upgrade control panels and instrumentation, etc. TASK 1.0 DESIGN This task consists of the development of permitting and construction plans and technical specifications necessary to permit and bid the leachate lift stations rehabilitation project at the Glades Road Landfill. Subtask 1.1 The ENGINEER will collect, review, and evaluate pertinent information required for the project including record as-built drawings, electrical and instrumentation schematics, etc. Subtask 1.2 The ENGINEER will prepare drawings for permitting and bidding of the leachate lift station improvements required. A preliminary list of drawings required for the project is as follows: Cover Sheet/Location Map Drawings Index, Legend, Symbols and Abbreviations Aerial Photo/Site Location Map Existing Lift Station Site Plans Proposed Lift Station Improvements Plans (2 sheets) Miscellaneous Details (2 sheets) Instrumentation Diagrams (2 sheets) Electrical Drawings/Details (2 sheets) To summarize, a total of approximately 12 drawings will be required to obtain permits and construct this project. Subtask 1.3 The ENGINEER will prepare specifications, utilizing the EJCDC/CSI format, which will consist of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to this project. rb3767.doc A-I "'" .....,,¡ Subtask 1.4 .The ENGINEER will prepare an estimate of probable construction costs at 90 percent completion stage, and submit the estimate to the COUNTY for review. TASK 2.0 PROTECT/QUALITY MANAGEMENT Activities performed under this task consist of those generally admirùstrative functions required to assure that the project remains on schedule, within budget, and that the quality of the work products defined within this scope is consistent with the ENGINEER's standards and the COUNTY's expectations. Specific activities included are identified below: Subtask 2.1 Project Update Meetings - The ENGINEER's project manager will prepare for and attend status reporting meetings throughout the life of the project. It is estimated that meetings will be held on the average of once a month. Subtask 2.2 Quality Control (QC) Technical Review - The ENGINEER maintains a QC program on all of its projects. One Technical Review Committee (TRC), meeting has been budgeted for and will be conducted at the 50 percent, completion stage of the project. The COUNTY's representative will be invited to attend and participate at this TRC meeting. Subtask 2.3 Project Status Reports - The ENGINEER's project manager will prepare and submit monthly status reports throughout the life of this project. TASK 3. 0 GENERAL ENGINEERING SERVICES These services shall include the following subtasks: Subtask 3.1 The ENGINEER will consult with and advise the COUNTY and act as its representative as provided in the General Conditions of the construction contract. Consult with and advise the COUNTY as to the acceptability of substitute materials and equipment proposed by the Contractor when substitution is permitted by the Contract Documents. Subtask 3.2 The ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work of the Contractor and to determine in general if such work is proceeding in accordance with the Contract Documents. During such visits and on the basis of on-site observations, the ENGINEER shall keep the COUNTY informed of the progress of the work, shall endeavor to guard the County against defects and deficiencies in such work and may disapprove or reject work as failing to conform to the Contract Documents. Subtask 3.3 The ENGINEER will review and approve Shop Drawings and samples, the results of tests and inspections and other data which the Contractor is required to submit. Subtask 3.4 The ENGINEER will issue COUNTY instruction~ to the Contractor and issue necessary interpretations and classifications of the Contract Documents. Have authority as the COUNTY's representative, to require special inspection or testing of the work. Act as initial interpreter of the requirements of the Contract Documents regarding the execution and progress of the work. rb3767.doc A-2 '-'" ......, Subtask 3.5 Based on the ENGINEER's on-site observations and on review of applications for payment and the accompanying data and schedules, the ENGINEER will determine the amounts owing to the Contractor and recommend in writing payments to the Contractor in such amounts. Subtask 3.6 The ENGINEER will conduct a final check to determine if the work has been completed in accordance with the Contract Documents. Subtask 3.7 The ENGINEER will undertake project quality management to meet budget and time constraints; generate correspondence to the COUNfY, Contractor, regulatory agencies, and other parties; provide montlùy project status reports; prepare montlùy progress meeting minutes; and maintain comprehensive project records and documentation on file. The level of work estimated for this project is 80 hours based on a 4-month construction period. The ENGINEER reserves the right to request additional compensation should construction extend beyond the 4-month period and/ or the level of field observation exceeds the 80 hours. TASK 4.0 SPECIAL ENGINEERING SERVICES DURING CONSTRUCfION Activities performed under this task consist of supplementary and special engineering services required during the construction and implementation of the project. Subtask 4.1 Prepare for the COUNTY a set of reproducible record drawings and two (2) blueline prints showing those sigrúficant changes made during the construction process based on information furnished to the ENGINEER by the Contractor. Subtask 4.2 Provide services in connection with preparing change orders to reflect changes to the construction project. Subtask 4.3 Provide services in connection with preparing final certifications of completion of construction. TASK 5.0 RESIDENT SERVICES DURING CONSTRUCTION The activities performed under this task consist of providing resident representation during the construction and implementation of the project. t Subtask 5.1 Activities performed under this task consist of furnishing a Project Representative (PR) during the construction of the project, to observe the performance of the work of the Contractor. Subtask 5.2 The Project Representative as the ENGINEER's agent will act as directed by and under the supervision of the ENGINEER, and will confer with the ENGINEER regarding his actions. The Project Representative's dealings in matters regarding the on-site work shall in general be only with the ENGINEER and the Contractor, and dealings with subcontractors shall only be through or with the fun knowledge of the Contractor. Written communication with the COUNTY will be only through or as directed by the ENGINEER. rb3767.doc A-3 -...... ....., Subtask 5.3 The Project Representative will prepare daily reports, describing the general working conditions, areas on construction activity, tests performed and special ;;md unusual events. Subtask 5.4 The duties and responsibilities and the linùtations of the authority of the Project Representative are as contained in Attachment D. PROTECT SCHEDULE Receive Authorization September 15, 2001 Complete Design November 15, 2001 Service During Construction 120 days from start of Construction PAYMENT AND COMPENSATION Payments for services shall be made on the basis of a lump sum fee for each task in the project scope of services and in accordance with Attachments B and C. 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W..l II) en (J N :e co "" 0 ~ ~ en 0 ~ U) U) II) <1> " " "~ .~ <1> <1> (J (J C) C) I: c: ':ß <II .~ <1> <1> " c: <1> .~ "õ c: 'õ <1> .:0: c: c: (J <II L1J ~ L1J ë ro ro <1> Q¡ "õ -c c: <1> ë¡; <1> a. <1> (9 (J c::: I I I 0 0 0 <'i -i Lri ..J 8 :>::: :>::: :>::: ~ .., ,..: (J (J (J '" ¡:: c( ¡:: 0 :;; l- I- -e PROJECT: PROJECT DESCRIPTION: REFERENCE: rb3767.doc '........ ......" AITACHMENTC-1 BUDGET Glades Road Landfill Leachate Lift Stations Rehabilitation Design Services As Outlined in the Scope of Services, Attachment A Agreement between St. Lucie County Board of County Commission and Camp Dresser & McKl'!e Inc. Labor Category Hours Officer 20 Senior Professional 56 Professional II 92 Professional I 40 Designer 16 Drafter 64 Admin Support 72 TOTAL HOURS 360 . TOTAL DIECT SALARY Plus 39.3% Fringe Benefits $9,740 $3/828 $31/884 TOTAL LABOR COST (salary x 2.35) OUTSIDE PROFESSIONAL SERVICES (Electrical Design) $5/000 OTHER DIRECT COSTS $3,000 $39/884 GRAND TOTAL USE A LUMP SUM $39/880 C-l PROJECT: PROJECT DESCRIPTION: REFERENCE: rb3767.doc "'-' "wi A IT ACHMENT C-2 BUDGET Glades Road Landfill Leachate Lift Stations Rehabilitation Services During Construction As Outlined in the Scope of Services, Attachment A Agreement between St. Lucie County Board of County Commission and Camp Dresser & McKee Inc. Labor Category Hours Officer 12 Senior Professional 40 Professional II 40 Professional I 24 Field Staff 80 Drafter 20 Admin Support 56 TOTAL HOURS 272 c TOT AL DIECT SALARY Plus 39.3% Fringe Benefits $6,780 $2,665 TOT AL LABOR COST (salary x 2.35) OUTSIDE PROFESSIONAL SERVICES (Electrical Inspection) $22,195 $2,500 . OTHER DIRECT COSTS $2,000 GRAND TOTAL $26,695 USE A LUMP SUM $26,690 C-2 '-" ....., ATTACHMENT D DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE PROJECT REPRESENT ATNE A. GENERAL Resident Project Representative is ENGINEER'S Agent, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding his actions. Resident Project Representative's dealings in matters pertaining to the on-site Work shall in general be only with ENGINEER and CONTRACTOR, and dealings with Subcontractors shall only be through or with the full knowledge of CONTRACTOR. Written communication with OWNER will be only through or as directed by ENGINEER. B. DUTIES AND RESPONSIBILITIES Resident Project Representative will: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER concernillg their acceptability. 2. Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings, and maintain and circulate copies of minutes thereof. 3. Liaison: a. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serviIlg as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on-site operations. . b. As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper execution of the Work. 4. Shop Drawings and Samples: a. Receive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of their availability for examination. b. Advise ENGINEER and CONTRACTOR or his superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. . 5. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior. to final payment; and advise ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence. qf the rb3767.doc D-l '-' '..."I required personnel, and that CONTRACTOR maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Transmit to CONTRACTOR engineer's clarifications and interpretations of the Contract Documents. 7. Modifications: Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all Addenda, change orders, field orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as the case of observing test procedures. Send copies to ENGINEER. c. Record names, addresses and telephone numbers of all contractors, Subcontractors and . major suppliers of materials and equipment. 9. Reports: a. Funùsh ENGINEER periodic reports as required of progress of the Work and CONTRACTOR'S compliance with the approved progress schedule and schedule of Shop Drawing submissions. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. . c. Report immediately to ENGINEER upon the occurrence of any accident. 10. Payment Requisitions: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the Work. 12. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. c. Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. rb3767.doc D-2 ~ ......., C. LIMITATIONS OF AUTHORITY Except upon written instructions of ENGINEER, Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. 2. Shall not exceed limitations on ENGINEER'S authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, Subcontractors or CONTRACTOR'S superintendent, or expedite the Work. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in . the Contract Documents. 5. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 6. Shall not authorize OWNER to occupy the Project in whole or in part. 7. Shall not participate in specialized field or laboratory tests. . f rb3767.doc D-3 'w ..., AGENDA REQUEST ITEM NO. C-2e DATE: October 9,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: (~~~t~~ County Engineer SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 SUBJECT: Approve Change-order NO.2 and Final in the deductive amount of ($1750.00); accept the project; release retainage in the amount of $52,171.71 and make Final Payment in the amount $61,865.50 (deducting for failed laboratory tests in the amount of $1,270.00) to Sheltra & Son Construction Company for the Keen Road Bridge Replacement. BACKGROUND: On November 9, 1999, the Board awarded the contract for the Keen Road Bridge Replacement to Sheltra & Son Construction Company in the amount of $525,967.08. FUNDS AVAILABLE: Funds are available in Fund No. 316001-41133-563000-4312 (Transportation Capital - Local Option Bridge Maintenance). . PREVIOUS ACTION: The Board awarded the construction contract on November 9, 1999. Change Order NO.1 for $8,463.79 was approved by the Board on February 27, 2001. RECOMMENDATION: Staff recommends the Board approve Change-order No. 2 and Final; accept the project; release . retainage and make Final Payment in the amount of $ 61,865.50. Ie] APPROVED [] OTHER [] DENIED COMMISSION ACTION: [xl County Attorney [x] Originating Dept. Public Works ¡'r.t....- [x] Finance (Check for copy only. if applicable) [x] Mgt. & Budget [x] Project. Man. Mv'p [x] Purchasing [x] Budget & Rev. Coor. ß At¡ ~ '-" ~ ENGINEERING DIVISION MEMORANDUM 01-243 4 TO: FROM: Dan Mcintyre, County Attorney -c-- Ii n}p-JJW Œ \\~ ,¡', ~~\ SEP 182001 1-1\ Don West, County Engineer ~ I, I . /' ,... , . ""' AJTORNc': i September 17, 2001 .::,º.~_NTY ......... ... ___.._" · · DATE: SUBJECT: Keen Road Bridge - Releases of Lien Please approve the attached Keen Road Bridge Releases of Lien for correctness. If we can be of any assistance, please call Mike Powley, Capital Projects Engineer, at extension 1707. Barn · ill Œs;: Iß2~1 ß @i ~ Attachments (4) cc: Ray Wazny, Public Works Director Mike Powley, Capital Projects Engineer ENGINEERING f ~ \ \%ì"l {{I {Ji . '-' .""" fõ) R (~) Ii; 1:\" wi"; ~' ~ ~I "JW ENGINEERING CHANGE ORDER ST. LUCIE COUNTY PROJECT: Keen Rd. @ C-25 Bridge Replacement (name, address) CHANGE ORDER NUMBER: 2 & Final INITIATION DATE: 9/26/01 TO (Contractor): CONSULTANT'S PROJECT NO.: N/A . Sheltra & Son Construction Co. PO Box 336 Indiantown, FL 34956 ST. LUCIE COUNTY CONTRACT NO: C99-11-139 CONTRACT DATE: 11/9/99 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) ITEM: 455-17-2 Pile Splices Qty 5 @ $350.00 . Total Deduct: ($1,750.00) The original (Contract Sum) was .............................................................. $525,967.08 Net change by previous authorized Change orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,463.79 The (Contract Sum) prior to this Change Order was ............................................... $534,430.87 The (Contract Sum) will be (increased) by this Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $(1, 750.00) The new (Contract Sum) including this Change Order will be ....................................... $532,680.87 The Contract Time will be (unchanged) by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( -0- ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 6/1/01 Funds Available: Account Number 316001-41133-563000-4312 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 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. Approved: . Public Works Department SI. Lucie County Department 2300 Viraini¡;¡ Ave., FI. Pierce. FL 34982 Ad ss I ) 9/26/01 t Date Sheltra & Son Construction Co.. Contractor Pierce, FL 34982 ~ 0 :~: 33~i~L 34956 Ö~ .. '\WuJ By: \,) '~\ol. O~ n6Lt-J Date By: Date Approved as to Form and Correctness County Attorney APPLICATION FOR ~ AND FINAL PAYMENT PROJECT NAME: ~K ::;J:l\?-P ~ ~~ bJ~ ~S'I ArPJ-I.I'=t.'YL BOARD nF COUNTY CnMMTS!HnNE:RS ENGINEER'S. PROJE:CT NO.: 'l'lð OWNER: ST. T,IICTI': CnIlNTV. FLnRTDA CONTRACTOR: <.~I.11rA~~ Ccœr ('~.Ia.e. CONTRACT DATE: \. X)/.5r ~~ APPLICATION AMOUNT I : J(þØJG~5.5Ø APPLICATION DATE I ~ e~.øl INITIAL CONTRACT AMT. RfI> æ., 01 BASED ON EST. QUANTITIES $&"I'1Gt7.øA ....., FOR PERIOD ENDING. TABULATION nF AMOUNT Dn!'] THTS APPT,ICATION CHANGE ORDER NO. -L@~t CHANGE ORDER NO. --.:.:L@.J.Q..{L% CHANGE ORDER NO. '_@_% CHANGE ORDER NO. _@_% COMPLETE COMPLETE COMPLETE COMPLETE (+) (+) (+) (+) AS APPLIED FnR BY CONTRACTOR $ .1Ii8..4el..ø8 $ ß"TC> ~:;¡q $ $ $ ~~~~~:~1 $ <Þ~II ~"i.~Q) AS APPROVED BY ENGTNEER $ =')5,107, or; $ g ,463:0 $ - 1{7~() $ $ $ 53.;J., b~o, ~ $ 4-69, .<:;4-/:; ª-7 $ 63, 13,~, ~_" (-) $ 1.'}..7ð,Cn ORIGINAL CONTRACT AMOUNT COMPLETED TO DATE (See Attached "Estimate of completed work") PREVIOUS PAYMENTS: U $~G.{.7!1.ØØ H ! 1~~î\~~5 TOTAL $ -ft"a'tb45..7'1 '6 ~ ¡ø. <;.ø :G. qq~, . '0 ~ .5"0Se..I:' CONTRACTOR'S AFFTDAVIT TOTAL WORK TO. DATE (+) LESS PREVIOUS PAY. (-) SUB-TOTAL LESS FAILED LAB. TESTS AMOUNT DUE FINAL PAYMENT, EXCEPT FOR ANY LIQUIDATED DAMAGES ASSESSED BY BOARD $ (,1 '/,G!;,.~ , The undersigned Contractor hereby swears under penalty of perjury that all obligations incurred by the Contractor under this Contract to date have been discharged in full, that no suits are pending in connection with the work under the Contract, that the Contraotor agrees to the total final price of $ ^';2.lð8Ø.~,+ and final payment of $ (j¡~135..50 as full settlement of his account under the Contract and of all claims in connection therewith. CONTRACTOR ~~ ~ ~\ Cc.Jsr. Ch,/æ. BY ~ COUNTY OF ~ STATE OF '+l~ ..., J Before me this '2. ~ day of ~ , T9 :;IOO!> , personally appeared 1'Y"r.H-+-h~.L.ÛTà..u IDr ' , known to me, who being duly sworn, did depose and say that ~s the Cr~ (Office) of the Contractor above mentioned; that he prepared attached application for payment and exeouted above affidavit on behalf of said Contractor; and that all of the statements contained therein are true, correct Œ::=ëi.f: .. ¿ d- My oonunission expires: Al(saAComfort _ ~ MY COMMISSION # CC9D9ó15 EXPIRES Notary publ ic May2~ 2DD4 aoNDiDDltU TROY fAIN lIaURANCE,INC. TITLE C.íC, <7I'5-;¡.ø~ra 4 TOI BOA~ OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA The attached application for payment by the Contractor has been reviewed by the Engineer. The Eugineor hereby approves final payment under this application in the amount of $ , less liquidated damages assessed by Board, WITH~CTUAL PAYMENT SUBJECT TO CONTRACTOR'S SIGNrNG ABOVE ~FFTDAvrT. ~~~~ ' , ~tJ~~. ST. LUCIE COUNTY ENGINEERING DEPARTMENT )ATEI APPROVED BY . . :ontraot Time Began:. Substantial Completion onl \otual Construction Time: :ontract Construction Time: ~ainy D~ys Allowance: )ther Overrun Allowances: ~et Ove rrun I Donald B. West, P.E... 'Ray Wazny, P. E.' County Engineer Public Works Director Cal. Days CHECKED BY Cal. Days Cal. Days PREPARED BY Cal. Days St. Lucie C Cal. Days . ......,..(OJ ..... A ( ~ENDA REQUEST ~M NO. C-2f DATE: October 9,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV P. M. Bowers, Manager Road & Bridge Division SUBJECT: Award of Bid# 01-076 for Mowing Contract; U. S. 1 Median Maintenance, for Public Works DeptJRoad & Bridge Division. BACKGROUND: At the Board meeting of August 21st, 2001, the Board granted permission to advertise for the U. S. 1 Median Maintenance Contract. There were 474 companies notified, 17 bid documents distributed, and 3 bids were received. The bids were opened on September 26th, 2001, and Ecker's Lawn & Tree Service was the low bidder. The Bid Tabulation sheet is attached showing the three year total of $49,560. This contract will be for a term of three (3) years with two (2) one year options. The contract period will begin on Oct. 1, 2001. FUNDS AVAILABLE: 101-4110-534000-400 - Other Contractual Services PREVIOUS ACTION: Permission to Advertise on August 21,2001 . RECOMMENDATION: Staff Recommends that the Board award Bid #01-076 to Ecker's Lawn & Tree Service for the U. S. 1 Median Maintenance Contract, and authorize the Chairman to sign the contract as prepared by the County Attorney. . [x] APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: /-- Doug M. Anderson County Administrator [X] County Attorney ~c;qc Coordi natinn/Si gnatu res [XI Originating Dept. Public Works ,¿µ I' [XI Mgt. & Budget [ ] Co. Eng w;L/fJrv1G¡ IX] Purchasing #- I ] Other [ ] Finance (check for copy only, if applicable) '( '\ . z o :: ¡:¡, t"'1 ~ o ""1 ¡:¡, ... o o o (";¡ o :: t"'1 z .., 1Jl o - 1Jl .., ~ ... ¡:¡, o .., t"'1 o ( tÑ I::; '":I [!I: := \: [!I: :: > :2 \: ~ > := 8 :: z o :: ¡:¡, t"'1 ~ o ""1 ¡:¡, ... o 1Jl ~ (";¡ t"'1 ~ !;' z o :: ¡:¡, t"'1 ~ o ""1 (";¡ o :: "'CI > Z ... t"'1 1Jl Z o .., ... ""1 ... t"'1 o .. .. '-' "" -.J "" 'wi 0 ~~ ~ O~ ~ >' z 0;: ~ ~3: ~ .. ==~ 00 ~I:' .... .... ~ 1:'> ~ ~z -3 ~3: ~ :: 0 rJJ == ~ ~ . ~ .... ~ ~ z ~ N ~ ~ ~ ~ .... .. ~ N 0 æ~ = 2 = ~o ¡.... ~ ® ~ ~~ >~ N ~ .. ê-< = ~ = ~== ~ >0 . a: -3> . -~ ~I:' 000 =~ ~~ t ~o -3~ I 2 =-3 f --< ~~ ~o Sa: ~~ -.].... ~oo 00 .... 0 . z ~ ::0 íJ'1 "'J -3 "'J "" '!Ojtrj -< :-! Ro :-! trj :-!(j trj '":I '":I :2 ::::~ :2 - - !"'J t"'" ¡: Q !"'Jtrj ~ := ~::t' ~ (j ~:2 0 !"J 0 !"'J ~ ::t' ~ 00. ~ 00. '!OJ :: '!OJ t"'" ~t"'" t'" t'" > :: > trj ~ ~ ~ :2 :2 (j (j Ro - > > -3 t"'" ::t' ~ 00 trj trj trj trj ~ 00 -< trj - ::t' (j trj -< 00 - (j trj ~ ~ ~ -3 ,.. :: \C C\ ,¡;.. \C QO I,C 0< 0 ~ ~ ~ .... u. -3 trj ~ Q Q C\ » - Q Q Q 0 0 0 t""'::t' :2 Q Q Q ~ ,.. I ~ ~ ~ -< ~ "C trj trj trj ~ N N >,o::t' Q .... ~ ... ~ ~ ~- C\ ~ u. -3 trj 0 U. QO \C Q Q ,¡;.. o 00 ~ 0 . 0 Q -3 -3 - Q Q Q > ~ (j t"'" "" '-' AGENDA REQUEST ITEM NO. C-2g DATE: October 9, 2001 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT): PUBLIC WORKS DEPT 4 SUBJECT: Approve reduction in retainage of Gerelco Electrical Contractors contract for the South County Regional Sports Stadium from ten percent to five percent. This will reduce their retainage from $15,114.30 to $7,557.15. 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. Gerelco Electrical Contractors was contracted for Phase I to provide electrical service for the field lighting, the parking lot lighting, the scoreboard & flagpole, the bathroom, and the sanitary lift station. Under Phase II of the same contract, Gerelco Electrical Contractors will provide electrical service to the Concert Stage for lighting and sound needs. Phase I work has been completed with Phase II to be completed no later than December 31,2001. , FUNDS AVAILABLE: Funds are available in Fund Nos. 001-'7516 -563000-79502 and 316-7516-563000-79502 (South County Regional Sports Stadium Accounts). . PREVIOUS ACTION: The Board awarded the construction contract to Gerelco Electrical Contractors on August 15, 2000. Change-order No. 1 for Gerelco Electrical Contractors was approved by the Board on December 12, 2000. Change-order NO.2 for Gerelco Electrical Contractors was approved by the Board on August 14, 2001. . RECOMMENDATION: Staff recommends the Board approve the reduction in Gerelco's retainage for the South County Regional Sports Stadium from $15,114.30 (10%) to $7,557.15 (5%). [x] County Attorney [x] Originating Dept. Public Works ~ Do C u [x] Mgt. & Budget [x] Project. Man. NCE: COMMISSION ACTION: [x APPROVED [] OTHER [] DENIED (2W [x] Purchasing Ii?' [x] [x] Finance (Check for copy only. if applicable) '-' ..."", AGENDA REQUEST ITEM NO. C-2h DATE: October 9,2001 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT): PUBLIC WORKS DEPT SUBJECT: Approve Change-Order NO.2 for East Coast Sod and landscaping in the amount of $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. 001-7516-563000-79502 (South County Regional Sports Stadium Accounth and 316-7516-563000-79502 (South County Reg. Sports Stadium). PREVIOUS ACTION: 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. 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. I APPROVED [] DENIED bd OTHER PUlled.:;k [x] County Attorney t [x] Originating Dept. Public Works . L. / (Check for copy only, if applicable) COMMISSION ACTION: [x] Mgt. & Budget [xl Project. Man. Dou a Anderson County ~nistrator >tð [xl Purchasing ~ IV I [x] [x] Finance 4Z- ~ .....", œ m©ŒUWrn œ OCT - , 2001 ENG1NEERING i- t ,....'"'" , CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) CHANGE ORDER NUMBER: 2 INITIATION DATE: 8116101 Installation of Phase II Landscaping at the South County Regional Stadium · TO (Contractor): CONSULTANT'S PROJECT NO.: NIA East Coast Sod & Landscape 10700 Okeechobee Road Fort Pierce, FL 34945 ST. LUCIE COUNTY CONTRACT NO: COO-07-497 CONTRACTDATE:7~&OO · 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $133,690.96 Net change by previous authorized Change orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,847.75 The (Contract Sum) prior to this Change Order was .................................................. $156,538.71 The (Contract Sum) will be (increased) by this Change Order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $33,295.75 The new (Contract Sum) including this Change Order will be ...................................... _ . . .. $189,834.46 The Contract Time will be (increased) by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . .. (60 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 12/31/01 Funds Available: Account Number 001-7516-563000-79502 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 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. hAv..h. ð G ,. í) , Date By Authorl ed St. Luci County: 2300 Virginia Ave., Ft. 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GI 'E o GI C'I C C'II .c o \.or AGENDA REQUEST ....., ITEM NO. c... - ~ I DATE: October 9,2001 SUBMITTED BY(DEPT): ENGINEERING DIVISION REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: ~~-R..(~~ __ ~ B. wett,PË. County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Interlocal Agreements with the Property Appraiser and Tax Collector Grey Twig Lane MSBU, Lennard Road 1,2,& 3 MSBU, Revels Lane 1 MSBU and West 1 sl Street MSBU BACKGROUND: See Attached Memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Interlocal Agreements and authorize the Chairman to sign the Agreements. [~APPROVED [] DENIED [ ] OTHER: ENCE: COMMISSION ACTION: uglas M. Anderson ounty Administrator [X]County Attorney: fk ;tAJ Coordination/Siqnatures . [ ] Mgmt & Budget: [X]Co Eng:~. [ ] Other: [ ] Purchasing: [X] Public Works Dir: [1 Finance Dir: .. x '-" "-' COMMISSION REVIEW: October 9, 2001 ENGINEERING MEMORANDUM NO. 01-267 TO: FROM: DATE: SUBJECT: Board of County Commissioners County Engineer October 2, 2001 Grey Twig Lane MSBU, Lennard Road 1, 2, & 3 MSBU, Revels Lane 1 MSBU and West 1 sl Street MSBU Interlocal Agreements with the Property Appraiser and Tax Collector BACKGROUND Attached are draft Interlocal Agreements with the Property Appraiser and Tax Collector for the referenced Municipal Service Benefit Units ("MSBUs"). The Agreement(s) with the Property Appraiser allow for the Property Appraiser to provide the County with certain information and for the County to reimburse the Property Appraiser for their necessary administrative costs incurred under Section 197.3632, Florida Statutes (2000). The Agreement(s) with the Tax Collector allow the County to reimburse the Tax Collector for their necessary administrative costs incurred under Section 197.3632, Florida Statutes (2000). Both Agreements are required by Chapter 197, Florida Statutes which gives the authority to create MSBUs. RECOMMENDATION Staff recommends that the Board approve the Interlocal Agreements and authorize the Chairman to sign the Agreements. BP cc: Staff Concurring Property Appraiser Tax Collector g\wp\msbu\greytwig\aga -palc.wpd . ,,' '-" .....,. . INTERLOCAL AGREEMENT GREY TWIG LANE MUNICIPAL SERVICES BENEFIT UNIT THIS INTERLOCAL AGREEMENT is made and entered into this day of ,20_, by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and JEFF FURST, as S1. Lucie County Property Appraiser (the "Property Appraiser"). WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the Grey Twig Lane Municipal Services Benefit Unit (the "Grey Twig Lane MSBU") in unincorporated S1. Lucie County for the purpose of funding a project to provide potable water to the properties within the Grey Twig Lane MSBU; and WHEREAS, the County intends to use the uniform method for the levy, collection and enforcement of the non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (2000); and WHEREAS, the County and the Property Appraiser have agreed to enter into a written agreement whereby the Property Appraiser will provide the County with certain information and the County will reimburse the Property Appraiser for his necessary administrative costs incurred under Section 197.3632, Florida Statutes (2000) in providing this information related to the Grey Twig Lane MSBU. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties agree as follows: 1. GENERAL. This Agreement is entered into pursuant to Section 197.3632 and 163.01, Florida Statutes (2000). 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 telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. PROPERTY APPRAISER. . Annually prior to June 1, the Property Appraiser shall provide the County with the information described in Section 197.3632 (3) (b), Florida Statutes (2000), for the Grey Twig Lane MSBU. This information shall be provided by list or compatible electronic medium and shall include the legal description of the properties within the boundaries of the Grey Twig Lane MSBU and the names and addresses of the owners of such properties. This information shall reference the property identification number and otherwise conform I ,,' þ '-" .....,¡ in format to that contained on the ad valorem roll submitted to the Florida State Department of Revenue. 3. REIMBURSEMENT. The County agrees to reimburse the Property Appraiser in accordance with Section 197.3632 (2), Florida Statutes (2000) for the necessary administrative costs incurred in connection with providing the information described above. Administrative costs shall include but not be limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. Payment by the County to the Property Appraiser for these costs shall be made within thirty (30) days from the County's receipt of a properly submitted invoice from the Property Appraiser. 4. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to the Property Appraiser: With a copy to: St. Lucie Property Appraiser 2300 Virginia Avenue Fort Pierce, Florida 34982 Property Appraiser Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 5. FILING. This Agreement and any subsequent amendments hereto shall be filed with the Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes (2000). 6. AMENDMENT: GOVERNING LAW. . f This Interlocar Agreement may only be amended by written document, properly authorized, executed, and delivered by both parties and filed with the Clerk of Court as required herein. This Agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. 2 ........ ...." THE NEXT PAGE IS THE SIGNATURE PAGE f . 3 '" '" . INTERLOCAL AGREEMENT GREY TWIG LANE MUNICIPAL SERVICES BENEFIT UNIT THIS INTERLOCAL AGREEMENT is made and entered into this _day of , 20_, by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and BOB DAVIS, as St. Lucie County Tax Collector (the "Tax Collector"). 4 WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the Grey Twig Lane Municipal Services Benefit Unit (the "Grey Twig Lane MSBU") in unincorporated St. Lucie County for the purpose of funding a project to provide potable water to the properties within the Grey Twig Lane MSBU; and WHEREAS, the County intends to use the uniform method for the levy, collection and enforcement of the non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (2000); and WHEREAS, the County and the Tax Collector have agreed to enter into a written agreement whereby the County will reimburse the Tax Collector for his necessary administrative costs incurred under Section 197.3632, Florida Statutes (2000) in providing this information related to the Grey Twig Lane MSBU. NOW, THEREFORE, in consideration of the mutual covenant, conditions and promises contained herein, the parties agree as follows: . 1. This Agreement is entered into pursuant to Sections 197.3632 and 163.01, Florida Statutes (2000). 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 telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. The above representations are true and correct and incorporated herein. . 3. The parties agree that the County shall; a. Provide written notice to the Tax Collector, which notice shall include a certified copy of the Resolution creating the Grey Twig Lane MSBU. b. Provide the Tax Collector with copies of all other resolutions relating to the Grey Twig Lane MSBU, including but not limited to any resolution approving a special assessment roll and authorizing a change in the amount of the special assessment levied against any parcel of property within the Grey Twig Lane MSBU. .. '-' -....I a. Produce and pay for combined notice of ad valorem taxes and non-ad valorem assessments pursuant to the requirements of 197.3635 F.S. b. Collect all special assessments complying with the provisions of this agreement, and remit the funds to the County on a monthly basis, less the deductions allowed in paragraph SA of this agreement. c. Deposit all collections of special assessments in the same account used for collection of ad valorem taxes; however, the tax collector shall provide a statement to the County showing the amount of special assessments collected. 5. The County agrees to reimburse the Tax Collector in accordance with Sections 197.3632 (2), and 192.091 Florida Statutes (2000) for necessary administrative costs, if any, incurred in connection with the Municipal Services Benefit Unit. Administrative costs shall include but not be limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The parties acknowledge and agree that a good faith estimate of the cost of collection, based on prior experience with like projects, exceeds two percent (2%) of the total collection. However, in order to keep project costs as low as possible, the tax collector agrees to accept two percent (2%) of the collection as his reimbursement. 6. If, due to unusual or extenuating circumstances, the tax collector's necessary administration costs of performing the services required by this agreement exceed the usual and expected compensation provided for in paragraph S above, the County agrees to pay any additional sums required to fully reimburse the tax collector for his necessary administrative costs as documented by the tax collector. 7. The parties acknowledge that the tax collector is entering this agreement without any determination that the County is legally authorized or qualified to collect its non-ad valorem assessments pursuant to Section 197.3632, Florida Statutes. It is understood that it is his ministerial duty and he has no authority to refuse that duty; question compliance with Chapter 197 Florida Statute; determine the legality of the assessment or determine the constitutionality of any lien resulting from nonpayment of the assessment. In recognition of all of the above, the County shall, to the extent permitted by law, indemnify and save harmless and defend the Tax Collector, its agents, servants, and employees from and against any and all claims, liability, losses, or causes of action which may arise from any misconduct, improper action, negligent act or omission of the County, its servants, or employees in the performance of services under this Agreement. . 8. This agreement may be terminated by either party, without cause, upon one hundred eighty (180) days written notice prior to November 1 of each year. Any 3 't ~ .,....¡ termination of this agreement shall not affect the tax collector's responsibilities for tax years prior to the date of termination. 9. Any alteration, variation, modification, extension, renewal, or waiver of the provisions of this agreement shall be valid only when reduced to writing, duly authorized and signed by all parties. Any amendment will be entered prior to January 1 of the tax year in which such amendment is to become effective. This agreement and any subsequent amendments shall be filed with the Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes (2000). c 10. This agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. c 11. All notices or other communications hereunder shall be in writing ~nd shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia A venue Fort Pierce, Florida 34982 If to the Tax Collector: With a copy to: St. Lucie County Tax Collector 2300 Virginia A venue Fort Pierce, Florida 34982 St. Lucie County Tax Collector Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 THE NEXT PAGE IS THE SIGNATURE PAGE 4 f ~ ......¡ INTERLOCAL AGREEMENT LENNARD ROAD 1 MUNICIPAL SERVICES BENEFIT UNIT ROADWAY SERVICE LENNARD ROAD 2 MUNICIPAL SERVICES BENEFIT UNIT POTABLE WATER SERVICE LENNARD ROAD 3 MUNICIPAL SERVICES BENEFIT UNIT WASTEWATER SERVICE . t THIS INTERLOCAL AGREEMENT is made and entered into this day of ,20_, by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and JEFF FURST, as S1. Lucie County Property Appraiser (the "Property Appraiser"). f WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the Lennard Road 1 Municipal Services Benefit Unit (the "Lennard Road 1 MSBU"), Lennard Road 2 Municipal Services Benefit Unit (the "Lennard Road 2 MSBU"), and Lennard Road 3 Municipal Services Benefit Unit (the "Lennard Road 3 MSBU"), in unincorporated S1. Lucie County for the purpose of funding a project to provide roadway service to the properties within the Lennard Road 1 MSBU, potable water service Lennard Road 2 MSBU, and wastewater service Lennard Road 3 MSBU; and WHEREAS, the County intends to use the uniform method for the levy, collection and enforcement of the non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (2000); and . WHEREAS, the County and the Property Appraiser have agreed to enter into a written agreement whereby the Property Appraiser will provide the County with certain information and the County will reimburse the Property Appraiser for his necessary administrative costs incurred under Section 197.3632, Florida Statutes (2000) in providing this information related to the Lennard Road 1 MSBU, Lennard Road 2 MSBU, and Lennard Road 3 MSBU. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties agree as follows: 1. GENERAL. This Agreement is entered into pursuant to Section 197.3632 and 163.01, Florida Statutes (2000). 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 telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 1 , '-'" -..J 2. PROPERTY APPRAISER. Annually prior to June 1, the Property Appraiser shall provide the County with the information described in Section 197.3632 (3) (b), Florida Statutes (2000), for the Lennard Road 1 MSBU, Lennard Road 2 MSBU, and Lennard Road 3 MSBU. This information shall be provided by list or compatible electronic medium and shall include the legal description of the properties within the boundaries of the Lennard Road 1 MSBU, Lennard Road 2 MSBU , Lennard Road 3 MSBU and the names and addresses of the owners of such properties. This information shall reference the property identification number and otherwise conform in format to that contained on the ad valorem roll submitted to the Florida State Department of Revenue. f . 3. REIMBURSEMENT. The County agrees to reimburse the Property Appraiser in accordance with Section 197.3632 (2), Florida Statutes (2000) for the necessary administrative costs incurred in connection with providing the information described above. Administrative costs shall include but not be limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. Payment by the County to the Property Appraiser for these costs shall be made within thirty (30) days from the County's receipt of a properly submitted invoice from the Property Appraiser. 4. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce,' Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to the Property Appraiser: With a copy to: St. Lucie Property Appraiser 2300 Virginia Avenue Fort Pierce, Florida 34982 Property Appraiser Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 5. FILING. This Agreement and any subsequent amendments hereto shall be filed with the Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes (2000). 2 ¡, .; '-" '-' 6. AMENDMENT: GOVERNING LAW. This Interfocal Agreement may only be amended by written document, properly authorized, executed, and delivered by both parties and filed with the Clerk of Court as required herein. This Agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. THE NEXT PAGE IS THE SIGNATURE PAGE 3 ~ """ .....; IN WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year noted below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ST. LUCIE COUNTY PROPERTY APPRAISER O~./ (1)~ BY: ,~"'~~\~ Date: c¡ / --¿ f{' Iv I I . APPROVED AS TO FORM AND CORRECTNESS: PROPERTY APPRAISER ATTORNEY 4 · · 4 · F Sign&RI · ~ '-" ......, INTERLOCAL AGREEMENT LENNARD ROAD 1 MUNICIPAL SERVICES BENEFIT UNIT ROADWAY SERVICE LENNARD ROAD 2 MUNICIPAL SERVICES BENEFIT UNIT POTABLE WATER SERVICE LENNARD ROAD 3 MUNICIPAL SERVICES BENEFIT UNIT WASTEWATER SERVICE t . THIS INTERLOCAL AGREEMENT is made and entered into this _day of , 20_, by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and BOB DAVIS, as St. Lucie County Tax Collector (the "Tax Collector"). WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the Lennard Road 1 Municipal Services Benefit Unit, (the "Lennard Road 1 MSBU"), Lennard Road2 Municipal Services Benefit Unit, (the "Lennard Road 2 MSBU"), and Lennard Road 3 Municipal Services Benefit Unit (the "Lennard Road 3 MSBU"), in unincorporated St. Lucie County for the purpose of funding a project to provide roadway service to the properties within the Lennard Road1 MSBU, potable water service Lennard Road 2 MSBU, and wastewater service Lennard Road 3 MSBU; and WHEREAS, the County intends to use the uniform method for the levy, collection and enforcement of the non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (2000); and WHEREAS, the County and the Tax Collector have agreed to enter into a written agreement whereby the County will reimburse the Tax Collector for his necessary administrative costs incurred under Section 197.3632, Florida Statutes (2000) in providing this information related to the Lennard Road 1 MSBU, Lennard Road 2 MSBU, and Lennard Road 3 MSBU. NOW, THEREFORE, in consideration of the mutual covenant, conditions and promises contained herein, the parties agree as follows: 1. This Agreement is entered into pursuant to Sections 197.3632 and 163.01, Florida Statutes (2000). 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 telecommunications, representations, or agreements, either verbal or written, between the parties hereto. ~. '-II 2. The above representations are true and correct and incorporated herein. 3. The parties agree that the County shall; . a. Provide written notice to the Tax Collector, which notice shall include a certified copy of the Resolution creating the Lennard Road IMSBU, Lennard Road 2 MSBU, and Lennard Road 3 MSBU. . b. Provide the Tax Collector with copies of all other resolutions relating to the Lennard Road 1 MSBU, Lennard Road 2 MSBU, and Lennard Road 3 MSBU, including but not limited to any resolution approving a special assessment roll and authorizing a change in the amount of the special assessment levied against any parcel of property within the Lennard Road 1 MSBU, Lennard Road 2 MSBU, and Lennard Road 3 MSBU. c. The County shall, in writing, notify the tax collector of the representative (s) authorized to submit a correction on DR Form 409A. The County shall also notify the tax collector in writing, of the official authorized to submit the factors. d. Provide the tax collector thirty (30) days prior to presentation of certified rolls, with all proposed details regarding yearly billing, prepays, payoffs during term, payoffs after first billing (ie; amortization) and other costs that may be added after prepays. The parties mutually agree to negotiate a format that is acceptable to both parties. The tax collector reserves the right to reject the proposed format of the data if it is not compatible with the current collection system and he has not been involved in the development of the format. e. Certify a non-ad valorem assessment roll on compatible electronic medium to the tax collector on or before September 15 of the first year. The assessment roll shall contain the posting of the non-ad valorem for each parcel and contain the following information for all real property located within the boundaries of Lennard Road 1 MSBU, Lennard Road 2 MSBU, and Lennard Road 3 MSBU: (1) the St. Lucie County Property Appraiser's parcel number; (2) the property description: and, (3) any other information as may be mutually agreed to. Such roll certified to the tax collector shall be a separate assessment roll showing the amount of the special assessment applied to each parcel with the Lennard Road 1 MSBU, Lennard Road 2 MSBU, and Lennard Road 3 MSBU, including 2 '-' '-' any parcels for wruch no special assessments were levied. The certified special assessment roll shall show the total of all special assessments for the Lennard Road 1 MSBU, Lennard Road 2 MSBU, and Lennard Road 3 MSBU. If any changes to the MSBU roll need to be made, it shall be the responsibility of the County to file a corrected roll or a correction of the amount of any assessment. f. All assessments shall become liens by operation of law as specified in Section 197.122 F.S. (2000). No liens shall be recorded outside Section 197.122 F.S. 4. The parties agree that the tax collector will collect and disburse the Lennard Road 1, Lennard Road 2, and Lennard Road 3 MSBU assessment for the specified tenn of the assessment. Specifically the tax collector shall: a. Produce and pay for combined notice of ad valorem taxes and non-ad valorem assessments pursuant to the requirements of 197.3635 F.S. b. Collect all special assessments complying with the provisions of this agreement, and remit the funds to the County on a monthly basis, less the deductions allowed in paragraph 5A of this agreement. c. Deposit all collections of special assessments in the same account used for collection of ad valorem taxes; however, the tax collector shall provide a statement to the County showing the amount of special assessments collected. 5. The County agrees to reimburse the Tax Collector in accordance with Sections 197.3632 (2), and 192.091 Florida Statutes (2000) for necessary administrative costs, if any, incurred in connection with the Municipal Services Benefit Unit. Administrative costs shall include but not be limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The parties acknowledge and agree that a good faith estimate of the cost of collection, based on prior experience with like projects, exceeds two percent (2%) of the total collection. However, in order to keep project costs as low as possible, the tax collector agrees to accept two percent (2%) of the collection as rus reimbursement. 6. If, due to unusual or extenuating circumstances, the tax collector's necessary administration costs of performing the services required by this agreement exceed the usual and expected compensation provided for in paragraph 5 above, the County agrees to pay any additional sums required to fully reimburse the tax collector for his necessary 3 '-' 'WI administrative costs as documented by the tax collector. 7. The parties acknowledge that the tax collector is entering this agreement without any determination that the County is legally authorized or qualified to collect its non-ad valorem assessments pursuant to Section 197.3632, Florida Statutes. It is understood that it is his ministerial duty and she has no authority to refuse that duty; question compliance with Chapter 197 Florida Statute; determine the legality of the assessment or determine the constitutionality of any lien resulting from nonpayment of the assessment. In recognition of all of the above, the County shall, to the extent permitted by law, indemnify and save harmless and defend the Tax Collector, its agents, servants, and employees from and against any and all claims, liability, losses, or causes of action which may arise from any misconduct, improper action, negligent act or omission of the County, its servants, or employees in the performance of services under this Agreement. 8. This agreement may be terminated by either party, without cause, upon one hundred eighty (180) days written notice prior to November 1 of each year. Any termination of this agreement shall not affect the tax collector's responsibilities for tax years prior to the date of termination. 9. Any alteration, variation, modification, extension, renewal, or waiver of the provisions of this agreement shall be valid only when reduced to writing, duly authorized and signed by all parties. Any amendment will be entered prior to January 1 of the tax year in which such amendment is to become effective. This agreement and any subsequent amendments shall be filed with the Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes (2000). 10. This agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. 11. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 4 '- '.....I If to the Tax Collector: With a copy to: St. Lucie County Tax Collector 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Tax Collector Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 THE NEXT PAGE IS THE SIGNATURE PAGE 5 '-' ...,.¡ IN WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year noted below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ST. LUCIE COUNTY TAX COLLECTOR (\ I i k)~,t:0-¡';'''- \J.\,v-(v\fkr-\¡ ~r) By: ~DIS' t ~ TAX COLLECTOR, CPA, CGFO, CFC 51, nl I ~~~ Date: '1 ) 1.+) (I APPROVED AS TO FORM AND CORRECTNESS: ~~~~ TAX COr: TO AI RNEY 6 ,. '-' """ INTERLOCAL AGREEMENT Revels Lane 1 MUNICIPAL SERVICES BENEFIT UNIT THIS INTERLOCAL AGREEMENT is made and entered into this day of ,20_, by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and JEFF FURST, as St. Lucie County Property Appraiser (the "Property Appraiser"). WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the Revels Lane 1 Municipal Services Benefit Unit (the "Revels Lane 1 MSBU") in unincorporated St. Lucie County for the purpose of funding a project to provide potable water to the properties within the Revels Lane 1 MSBU; and WHEREAS, the County intends to use the uniform method for the levy, collection and enforcement of the non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (2000); and WHEREAS, the County and the Property Appraiser have agreed to enter into a written agreement whereby the Property Appraiser will providè the County with certain information and the County will reimburse the Property Appraiser for his necessary administrative costs incurred under Section 197.3632, Florida Statutes (2000) in providing this information related to the Revels Lane 1 MSBU. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties agree as follows: 1. GENERAL. This Agreement is entered into pursuant to Section 197.3632 and 163.01, Florida Statutes (2000). 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 telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. PROPERTY APPRAISER. Annually prior to June 1, the Property Appraiser shall provide the County with the information described in Section 197.3632 (3) (b), Florida Statutes (2000), for the Revels Lane 1 MSBU. This information shall be provided by list or compatible electronic medium and shall include the legal description of the properties within the boundaries of the Revels Lane 1 MSBU and the names and addresses of the owners of such properties. This information shall reference the property identification number and otherwise conform in 1 .~ '-' ....,,¡ format to that contained on the ad valorem roll submitted to the Florida State Department of Revenue. 3. REIMBURSEMENT. The County agrees to reimburse the Property Appraiser in accordance with Section 197.3632 (2), Florida Statutes (2000) for the necessary administrative costs incurred in connection with providing the information described above. Administrative costs shall include but not be limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. Payment by the County to the Property Appraiser for these costs shall be made within thirty (30) days from the County's receipt of a properly submitted invoice from the Property Appraiser. 4. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to the Property Appraiser: With a copy to: St. Lucie Property Appraiser 2300 Virginia Avenue Fort Pierce, Florida 34982 Property Appraiser Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 5. FILING. This Agreement and any subsequent amendments hereto shall be filed with the Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes (2000). 6. AMENDMENT: GOVERNING LAW. This Interlocal Agreement may only be amended by written document, properly authorized, executed, and delivered by both parties and filed with the Clerk of Court as required herein. This Agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. 2 .- '-' "'" THE NEXT PAGE IS THE SIGNATURE PAGE 3 '-' ....,¡ IN WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year noted below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ST. LUCIE COUNTY APPRAISER ~~r1 ;/ ~hJ~ I ~~$~ BY: Date: APPROVED AS TO FORM AND CORRECTNESS: PROPERTY APPRAISER ATTORNEY 4 #> '-" ....., INTERLOCAL AGREEMENT REVELS LANE 1 MUNICIPAL SERVICES BENEFIT UNIT · THIS INTERLOCAL AGREEMENT is made and entered into this _day of , 20_, by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and BOB DAVIS, as St. Lucie County Tax Collector (the "Tax Collector"). · WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the Revels Lane 1 Municipal Services Benefit Unit (the "Revels Lane 1 MSBU") in unincorporated St. Lucie County for the purpose of funding a project to provide potable water to the properties within the Revels Lane 1 MSBU; and · c WHEREAS, the County intends to use the uniform method for the levy, collection and enforcement of the non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (2000); and WHEREAS, the County and the Tax Collector have agreed to enter into a written agreement whereby the County will reimburse the Tax Collector for his necessary administrative costs incurred under Section 197.3632, Florida Statutes (2000) in providing this information related to the Revels Lane 1 MSBU. NOW, THEREFORE, in consideration of the mutual covenant, conditions and promises contained herein, the parties agree as follows: t 1. This Agreement is entered into pursuant to Sections 197.3632 and 163.01, Florida Statutes (2000). 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 telecommunications, representations, or agreements, either verbal or written, between the parties hereto. . 2. The above representations are true and correct and incorporated herein. 3. The parties agree that the County shall; a. Provide written notice to the Tax Collector, which notice shall include a certified copy of the Resolution creating the Revels Lane 1 MSBU. b. Provide the Tax Collector with copies of all other resolutions relating to the Revels Lane 1 MSBU, including but not limited to any resolution approving a special assessment roll and authorizing a change in the amount of the special assessment levied against any parcel of property within the Revels Lane 1 MSBU. '-' .....,¡ c. The County shall, in writing, notify the tax collector of the representative (s) authorized to submit a correction on DR Form 409A. The County shall also notify the tax collector in writing, of the official authorized to submit the factors. d. Provide the tax collector thirty (30) days prior to presentation of certified rolls,' with all proposed details regarding yeady billing, prepays, payoffs during term, payoffs after first billing (ie; amortization) and other costs that may be added after prepays. The parties mutually agree to negotiate a format that is acceptable to both parties. The tax. collector reserves the right to reject the proposed format of the data if it is not compatible with the current collection system and he has not been involved in the development of the format. e. Certify a non-ad valorem assessment roll on compatible electronic medium to the tax collector on or before September 15 of the first year. The assessment roll shall contain the posting of the non-ad valorem for each parcel and contain the following information for all real property located within the boundaries of Revels Lane 1 MSBU: (1) the St. Lucie County Property Appraiser's parcel number; (2) the property description: and, (3) any other information as may be mutually agreed to. Such roll certified to the tax collector shall be a separate assessment roll showing the amount of the special assessment applied to each parcel with the Revels Lane 1 MSBU, including any parcels for which no special assessments were levied. The certified special assessment roll shall show the total of all special assessments for the Revels Lane 1 MSBD. If any changes to the MSBU roll need to be made, it shall be the responsibility of the County to file a corrected roll or a correction of the amount of any assessment. f. All assessments shall become liens by operation of law as specified in Section 197.122 F.S. (2000). No liens shall be recorded outside Section 197.122 F.S. 4. The parties agree that the tax collector will collect and disburse the Revels Lane 1 MSBU assessment for the specified term of the assessment. Specifically the tax collector shall: 2 '- .....,¡ a. Produce and pay for combined notice of ad valorem taxes and non-ad valorem assessments pursuant to the requirements of 197.3635 F.S. b. Collect all special assessments complying with the provisions of this agreement, and remit the funds to the County on a monthly basis, less the deductions allowed in paragraph SA of this agreement. . c. Deposit all collections of special assessments in the same account used for collection of ad valorem taxes; however, the tax collector shall provide a statement to the County showing the amount of special assessments collected. 5. The County agrees to reimburse the Tax Collector in accordance with Sections 197.3632 (2), and 192.091 Florida Statutes (2000) for necessary administrative costs, if any, incurred in connection with the Municipal Services Benefit Unit. Administrative costs shall include but not be limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The parties acknowledge and agree that a good faith estimate of the cost of collection, based on prior experience with like projects, exceeds two percent (2%) of the total collection. However, in order to keep project costs as low as possible, the tax collector agrees to accept two percent (2%) of the collection as his reimbursement. 6. If, due to unusual or extenuating circumstances, the tax collector's necessary administration costs of performing the services required by this agreement exceed the usual and expected compensation provided for in paragraph S above, the County agrees to pay any additional sums required to fully reimburse the tax collector for his necessary administrative costs as documented by the tax collector. 7. The parties acknowledge that the tax collector is entering this agreement without any determination that the County is legally authorized or qualified to collect its non-ad valorem assessments pursuant to Section 197.3632, Florida Statutes. It is understood that it is his ministerial duty and he has no authority to refuse that duty; question compliance with Chapter 197 Florida Statute; determine the legality of the assessment or determine the constitutionality of any lien resulting from nonpayment of the assessment. In recognition of all of the above, the County shall, to the extent permitted by law, indemnify and save harmless and defend the Tax Collector, its agents, servants, and employees from and against any and all claims, liability, losses, or causes of action which may arise from any misconduct, improper action, negligent act or omission of the County, its servants, or employees in the performance of services under this Agreement. 8. This agreement may be terminated by either party, without cause, upon one hundred eighty (180) days written notice prior to November 1 of each year. Any 3 'w -.....I termination of this agreement shall not affect the tax collector's responsibilities for tax years prior to the date of termination. 9. Any alteration, variation, modification, extension, renewal, or waiver of the provisions of this agreement shall be valid only when reduced to writing, duly authorized and signed by all parties. Any amendment will be entered prior to January 1 of the tax year in which such amendment is to become effective. This agreement and any subsequent amendments shall be filed with the Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes (2000). 10. This agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. 11. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 If to the Tax Collector: With a copy to: St. Lucie County Tax Collector 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Tax Collector Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 THE NEXT PAGE IS THE SIGNATURE PAGE 4 > - ~ "" IN WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year noted below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN WITNESSES: Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ST. LUCIE COUNTY TAX COLLECTOR rKV'\^" ,'~ ¡ \\,'(\;\lr!\,"L-\.p ~~ By: ~ flea-:. TAX COLLECTOR, CPA, CGFO, CFC Date: 'j ) l.+} 0 I APPROVED AS TO FORM AND CORRECTNESS: 5 . ~' ~ . ~ -..""I INTERLOCAL AGREEMENT West 1st Street MUNICIPAL SERVICES BENEFIT UNIT THIS INTERLOCAL AGREEMENT is made and entered into this day of ,20_, by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and JEFF FURST, as St. Lucie County Property Appraiser (the "Property Appraiser"). . WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the West 1 st Street Municipal Services Benefit Unit (the "West 1 st Street MSBU") in unincorporated St. Lucie County for the purpose of funding a project to provide potable water to the properties within the West 1 st Street MSBU; and WHEREAS, the County intends to use the uniform method for the levy, collection and enforcement of the non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (2000); and WHEREAS, the County and the Property Appraiser have agreed to enter into a writ1en agreement whereby the Property Appraiser will provide the County with certain information and the County will reimburse the Property Appraiser for his necessary administrative costs incurred under Section 197.3632, Florida Statutes (2000) in providing this information related to the West 1st Street MSBU. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties agree as follows: . 1. GENERAL. This Agreement is entered into pursuant to Section 197.3632 and 163.01, Florida Statutes (2000). 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 telecommunications, representations, or agreements, either verbal or writ1en, between the parties hereto. 2. PROPERTY APPRAISER. Annually prior to June 1, the Property Appraiser shall provide the County with the information described in Section 197.3632 (3) (b), Florida Statutes (2000), for the West 1 st Street MSBU. This information shall be provided by list or compatible electronic medium and shall include the legal description of the properties within the boundaries of the West 1 st Street MSBU and the names and addresses of the owners of such properties. This information shall reference the property identification number and otherwise conform in I '-' 'wi format to that contained on the ad valorem roll submitted to the Florida State Department of Revenue. 3. REIMBURSEMENT. The County agrees to reimburse the Property Appraiser in accordance with Section 197.3632 (2), Florida Statutes (2000) for the necessary administrative costs incurred in connection with providing the information described above. Administrative costs shall include but not be limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. Payment by the County to the Property Appraiser for these costs shall be made within thirty (30) days from the County's receipt of a properly submitted invoice from the Property Appraiser. 4. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: With a copy to: S1. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 S1. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to the Property Appraiser: With a copy to: S1. Lucie Property Appraiser 2300 Virginia Avenue Fort Pierce, Florida 34982 Property Appraiser Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 5. FILING. This Agreement and any subsequent amendments hereto shall be filed with the Clerk of the Court for S1. Lucie County pursuant to Section 163.01 (11), Florida Statutes (2000). 6. AMENDMENT: GOVERNING LAW. This Interlocal Agreement may only be amended by written document, properly authorized, executed, and delivered by both parties and filed with the Clerk of Court as required herein. This Agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. 2 - .. '-' "wi THE NEXT PAGE IS THE SIGNATURE PAGE . . 3 ~ -? '-' ....,I IN WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year noted below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA . BY: CHAIRMAN i DEPUTY CLERK Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ST. LUCIE COUNTY PROPERTY APPRAISER -2.1+ II ~r ~ ttJ~ BY: Date: APPROVED AS TO FORM AND CORRECTNESS: PROPERTY APPRAISER ATTORNEY 4 , , . '-' 'wi" INTERLOCAL AGREEMENT WEST 1ST STREET MUNICIPAL SERVICES BENEFIT UNIT THIS INTERLOCAL AGREEMENT is made and entered into this _day of , 20_, by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and BOB DAVIS, as St. Lucie County Tax Collector (the "Tax Collector"). WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the West 1"1 Street Municipal Services Benefit Unit (the "West 1'1 Street MSBU") in unincorporated St. Lucie County for the purpose of funding a project to provide potable water to the properties within the West 1'1 Street MSBU; and WHEREAS, the County intends to use the uniform method for the levy, collection and enforcement of the non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (2000); and WHEREAS, the County and the Tax Collector have agreed to enter into a written agreement whereby the County will reimburse the Tax Collector for his necessary administrative costs incurred under Section 197.3632, Florida Statutes (2000) in providing this information related to the West 1'1 Street MSBU. NOW, THEREFORE, in consideration of the mutual covenant, conditions and promises contained herein, the parties agree as follows: 1. This Agreement is entered into pursuant to Sections 197.3632 and 163.01, Florida Statutes (2000). 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 telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. The above representations are true and correct and incorporated herein. ~ 3. The parties agree that the County shall; a. Provide written notice to the Tax Collector, which no.tice shall include a certified copy of the Resolution creating the West 1'1 Street MSBU. b. Provide the Tax Collector with copies of all other resolutions relating to the West 151 Street MSBU, including but not limited to any resolution approving a special assessment roll and authorizing a change in the amount of the special assessment levied against any parcel of property within the West 1'1 Street MSBU. '" ..., c. The County shall, in writing, notify the tax collector of the representative (s) authorized to submit a correction on DR Form 409A. The County shall also notify the tax collector in writing, of the official authorized to submit the factors. d. Provide the tax collector thirty (30) days prior to presentation of certified rolls, with all proposed details regarding yearly billing, prepays, payoffs during term, payoffs after first billing (ie; amortization) and other costs that may be added after prepays. The parties mutually agree to negotiate a format that is acceptable to both parties. The tax collector reserves the right to reject the proposed format of the data if it is not compatible with the current collection system and he has not been involved in the development of the format. e. Certify a non-ad valorem assessment roll on compatible electronic medium to the tax collector on or before September 15 of the first year. The assessment roll shall contain the posting of the non-ad valorem for each parcel and contain the following information for all real property located within the boundaries of West 1st Street MSBU: (1) the St. Lucie County Property Appraiser's parcel number; (2) the property description: and, (3) any other information as may be mutually agreed to. Such roll certified to the tax collector shall be a separate assessment roll showing the amount of the special assessment applied to each parcel with the West }"t Street MSBU, including any parcels for which no special assessments were levied. The certified special assessment roll shall show the total of all special assessments for the West 1st Street MSBD. If any changes to the MSBU roll need to be made, it shall be the responsibility of the County to file a corrected roll or a correction of the amount of any assessment. I f. All assessments shall become liens by operation of law as specified in Section 197.122 F.S. (2000). No liens shall be recorded outside Section 197.122 F.S. . 4. The parties agree that the tax collector will collect and disburse the West 1st Street MSBU assessment for the specified tenn of the assessment. Specifically the tax collector shall:c 2 . . . '-'" -...; a. Produce and pay for combined notice of ad valorem taxes and non-ad valorem assessments pursuant to the requirements of 197.3635 F.S. b. Collect all special assessments complying with the provisions of this agreement, and remit the funds to the County on a monthly basis, less the deductions allowed in paragraph 5A of this agreement. t c. Deposit all collections of special assessments in the same account used for collection of ad valorem taxes; however, the tax collector shall provide a statement to the County showing the amount of special assessments collected. 5. The County agrees to reimburse the Tax Collector in accordance with Sections 197.3632 (2), and 192.091 Florida Statutes (2000) for necessary administrative costs, if any, incurred in connection with the Municipal SerJices Benefit Unit. Administrative costs shall include but not be limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The parties acknowledge and agree that a good faith estimate of the cost of collection, based on prior experience with like projects, exceeds two percent (2%) of the total collection. However, in order to keep project costs as low as possible, the tax collector agrees to accept two percent (2%) of the collection as his reimbursement. ~ 6. If, due to unusual or extenuating circumstances, the tax collector's necessary administration costs of performing the services required by this agreement exceed the usual and expected compensation provided for in paragraph 5 above, the County agrees to pay any additional sums required to fully reimburse the tax collector for his necessary administrative costs as documented by the tax collector. . 7. The parties acknowledge that the tax collector is entering this agreement without any determination that the County is legally authorized or qualified to collect its non-ad valorem assessments pursuant to Section 197.3632, Florida Statutes. It is understood that it is his ministerial duty and he has no authority to refuse that duty; question compliance with Chapter 197 Florida Statute; determine the leg3lity of the assessment or determine the constitutionality of any lien resulting from nonpayment of the assessment. In recognition of all of the above, the County shall, to the extent permitted by law, indemnify and save harmless and defend the Tax Collector, its agents, servants, and employees from and against any and all claims, liability, losses, or causes of action which may arise from any misconduct, improper action, negligent act or omission of the County, its servants, or employees in the performance of services under this Agreement. . t 8. This agreement may be terminated by either party, without cause, upon one hundred eighty (180) days written notice prior to November 1 of each year. Any 3 '-'" v termination of this agreement shall not affect the tax collector's responsibilities for tax years prior to the date of termination. 9. Any alteration, variation, modification, extension, renewal, or waiver of the provisions of this agreement shall be valid only when reduced to writing, duly authorized and signed by all parties. Any amendment will be entered prior to January 1 of the tax year in which such amendment is to become effective. This agreement and any subsequent amendments shall be filed with the Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes (2000). c 10. This agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. 11. All notice& -or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: With a copy to: . St. Lucie County Administrator 2300 Virginia A venue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia A venue Fort Pierce, Florida 34982 f If to the Tax Collector: With a copy to: St. Lucie County Tax Collector 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Tax Collector Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 4 f THE NEXT PAGE IS THE SIGNATURE PAGE 4 ...~ v '" IN WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year noted below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 4 BY: DEPUTY CLERK CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY A ITORNEY WITNESSES: ST. LUCIE COUNTY TAX COLLECTOR Cµ\L\",{;./I.. It \\, J) k", \·,0 ~ ~ ~ By: 4el A....:. <::- TAX COLLECTOR, CPA, CGFO, CFC ~ ~ ¿~ Date: .,jJ.-I}D I .. .. . APPROVED AS TO FORM AND CORRECTNESS: ~~ ~ TAX CO CTO'; ~ORNEY 5 /"'" '-' ..., ITEM NO. C-2J DATE: October 9.2001 ,/ ---- AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (XX) :~. Leo J. Cordeiro Solid Waste Manager SUBMITTED BY (DEPT): SOLID WASTE DIVISION SUBJECT: Staff requests the Board of County Commissioners approve Payment No. 19 in the amount of $302,576.55 to Adams Robinson (Balefill/Recycling Facility Project), for a decrease in retainage, from $352,576.55 to $50,000.00. BACKGROUND: On August 14,2001, the Board of County Commissioners approved Payment No. 16, for a decrease in retainage from 10% to 5%, and released the amount of $333,261.20, leaving a balance of retainage in the amount of $333,261.20. FUNDS AVAILABLE: Funds are available in Account #401-3410-562000-3605 PREVIOUS ACTION: May 23, 2000: BOCC awarded Bid #00-035, solid waste baling and recycling facility to low bidder, Adams Robinson, to construct facility at Glades Road Landfill. February 27, 2001: Change Order #1 was approved for $242,999.59 & 49 additional days. May 22, 2001: Change Order #2 was approved, resulting in net reduction of $43,871.06 & increase of 102 days. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Payment No. 19 in the amount of $302,576.55 to Adams Robinson (Balefill/Recycling Facility Project), for a decrease in retainage, from $352,576.55 to $50,000.00. COMMISSION ACTION: XJ APPROVED o OTHER: o DENIED ~ Review and Approvals C'i County Attorney: 0 Management and Budget: C'i Originating Dept: (Pub. Wks.J ¿4v-181 Other: (Landfill! o Purchasing: o Other: o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the 51. Lucie County Community Services Manager aI561-462-1777 or TTD 561-462-1428, at least 48 hours (48) prior to the meeting. QL-~ ({O .. CDM '-' Camp Dresser & McKee Inc. "-" consulting 1701 State RoadA-1-A, Suite 301 engineering Vero Beach, Florida 32963 construction Tel: 561 231-4301 Fax: 561 231-4332 operations October 2, 2001 Mr. Leo J. Cordeiro Solid Waste Manager St. Lucie County 6120 Glades Cut-off Road Fort Pierce, Florida 34981 Subject: St. Lucie County Class I Solid Waste Baling Facility and Administration Building CDM Project No. 6277-25409-74 Reduction of Retainage Dear Mr. Cordeiro: The Contractor for the above referenced project, Adams Robinson Enterprises, Inc., has requested a reduction of retainage. Paragraph 9 of the Contract, Section 00500, states that the Contractor will receive progress payments not to exceed ninety percent of the amount due on work completed (ten percent withheld for retainage). Adams Robinson Enterprises, Inc. had previously requested and was granted a reduction of retainage to five percent upon Substantial Completion. Adams Robinson has requested that the retainage be further reduced to $50,000. CDM did not recommend a reduction of retainage to the requested amount due to potential uncertainties regarding the baler systems performance testing. Adams Robinson has recently requested in a letter dated September 21, 2001 that the retainage be further reduced to $10,000. Since our last letter, County staff has received training and baler performance testing has progressed. Preliminary performance results indicate that the baling systems are capable of meeting the specified requirements. Work remaining as shown in Application for Payment No. 18 is $26,827 excluding items accepted by CDM and the County to be incorporated into the Final Reconciliation Change Order. CDM believes that the most recent requested reduction of retainage ($10,000) may be insufficient to protect the County's interests and potential penalties related to baler system performance. However, CDM feels that a reduction of retainage to $50,000 would be adequate to cover any potential costs and/ or penalties. If you have any questions or comments, please contact me. Very truly yours, 5!~P ~RES ER & McKEE I ~r~tke, P.E. c: William Snider, Adams Robinson Inc. File: 6277-25409-074 rb3824.doc , ..- .~w, 40' V,," \J~ -..;:0.'1.. d.';¡"1.f1Il:~ kiJc:INSDN- FAX: 4077740566 PAGE 2 .. "'" ....,,; APPUCATION FOR PAYMENT NO. .l2 To ST. LUCIE CO~'TY, FLORIDA (OWNER) Coott8.Ct for CLASS 1 SOLD> WAS'I.8 BA.LING FACILlTY AND ADMINISTRATION BUILDING OWNER's CODmCt No. ENGINEER's Projec[ No. 6217-25409-074 For Work ac(:omøliah" throl,llÙ'\ the ~ or lDJ02I 01 CONTRACTOR.'. Schedule ot'Values Work Complcted ITEM - Unit Price Amount AmoUJIt '"WORK $" .. S" COMPLETED ·see breakdown on att&chccl 2 sheets $8.463.302.00 #STORED $II # $I $0.00 MATERIAL "see breakdown on IIttachcd 1 sheet Tow (Original $8.281.000.00 com) $242.999.59 Change Order 111 ($43 87] Oti Change Order # 2 53.480,128.43 TOTAL ACCOInpImyiDg Documentation: GROSS AMOUNT DUE....._.............. $8.463.302.00 Periodical estimate for]) lnial øe.Yment u:ss !!ALmG EQUIP DEPOSIT........ $1.411.771.00 Jli12&3 AMOUNI' FOR RETAIN AGE CALC. S7.0:;¡ .~31.00 LESS RETAIN AGE............ $jO.OOO.oo AMOUNT DUE TO DATE................ $8.413.302.00 LESS PREVIOUS PAYMENTS........... $8.110.725.45 AMOUNT DUE TInS APPLICATION.. $302.S76.SS CONTRACTOR.'S Ccnificarioc: Th~ undérsi¡ne<t CONTRACTOR eertífies that: (1) all previous progress paymen11J received from OWNER on BCroUllt of Work done uncIer the Cornract refereed to above have been applied to discharge or secure all obliptions of CONTRACTOR ÍDCUrrcd in CODtI.CI:tìon with Work coveccd by priot Applic:alions (or Payment numbered. I !bxol.1gb)7 inclU6ÎVe: (2) title to all Work. materials IIIId equipment incorporated in said Work or otherwise listed in or covered by this Application for Paymcm will pass [0 OWNER. st rime of payment free aDd clear of all liens. clairos, security inÞ:rest IIIId enc:umbnoo:s (CJr£:Cpt 8UCh u are covered by Bond acceptable to OW1\"ER. indemnifying OWNER against any SUCh liCIt, claim. security inrerest or eIICU.m1>tance): and. (3) all Work covend by Ibis AppIlcalioo for Paymem ia in accordance wúh the Contract Documents and not diif~cd~ liS that tetll'l is defmed in lbc Contract Doc=cnÞ. Dated ðcrobeJ. 2 2001 Âda~ 'Rnhirw;nn F~nKeJì. Tr.r! BY~~~ (Authorized Signature) PaY1llent of me above AMOUNT DUE TB:IS APPLICATION 18 recomme1ldecJ.. Datod .20 Camn Dreslllðr &. Jw{cJCee Inc ENGINEER By (Authorized Sipature) EJ"CDC No. 191Q.8.E (1990 Edition) 1'rcp¡tod by IIJe ~ JOiU Ccalnicr ~ COtllttliarr IIIXI ~ by 1bc ^""«wed GcDonù COUraClCl1l of America ~ '-' AGENDA REQUEST ....." ITEM NO. C-3a DATE: October 9, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Director, Parks & Recreation SUBMITTED BY(DEPT): Parks & Recreation SUBJECT: Purchase of a Showmaster Mobile Sound Shell Stage from Century Industries as a sole source procurement. BACKGROUND: Please See Attachment FUNDS AVAILABLE IN: 316-7210-564000-700 (County Capital Parks Machinery & Equipment) PREVIOUS ACTION : N/A RECOMMENDATION: Staff requests that the Board of County Commission approve the purchase of a 36' x 14' Showmaster Mobile Sound Stage (model # MSM3600) from Century Industries, Inc. as a sole source procurement at a cost of $94,636.00, give approval for staff to enter into a contract with Century Industries, Inc. as prepared by the County Attorney, authorize the Chairman to sign, approve EQ Req. # EQ02-151 and approve Budget Amendment # BA021 00. ({] APPROVED [] DENIED [ ] OTHER: E: COMMISSION ACTION: . Doug An er on County Administrator ~ County Attorney:n'" ! 0.0""",", D.p,,~r ¡- Finance: (Check for Copy only, if Applicable) Mgt. & BUdget:¿~( Other: Purchasing Mgr.: ¡ß- other: Eft. 1/97 H:\WP\Showmaster portable stage agenda October 9 2001.wpd '-" Agenda Item # C-3a October 9, 2001 ......" BACKGROUND: Staff is desirous of purchasing a mobile sound stage to be utilized for concerts and events at various County venues including the South County Regional Sports Stadium. A revenue stream to offset the cost could be established through a rental fee which would allow the public to utilize the stage. The Fair Association's Board of Trustees voted unanimously to pay $5,000 over a period of 5 years for exclusive use of the stage during the dates of the St. Lucie County Fair. The Fair Association will also be able to schedule use of the stage throughout the year with approval from the Parks & Recreation Manager or his designee. Staff has identified four companies that manufacture mobile sound stages. Two of the companies' product do not meet ADA requirements. One company could not meet the requested specifications and their product was only partially ADA compliant. The fourth company (Century Industries, Inc.) met all requested specifications and their product is fully ADA compliant (SOLE SOURCE JUSTIFICA TION and COST COMPARISON ATTACHED). Staffis requesting approval to purchase a 36' x 14' Showmaster Mobile Sound Stage (model # MSM3600) from Century Industries, Inc. as prepared by the County Attorney, approval ofEq. Req. # and Budget Amendment # '--' ...".; BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks and Recreation PREPARED DATE: October 1, 2000 AGENDA DATE: October 9,2000 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 316-7210-564000-700 Machinerv & Eauioment $94,636 FROM: 316-9910-599330-800 Project Reserve $94,636 REASON FOR BUDGET AMENDMENT: Purchase the MSM3600 Showmaster Mobile Sound Shell Staae for events and concerts at various countv venues, includinq South County Stadium. CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: N/A DEPARTMENT APPROVAL: OMB APPROVAL: C')/j^] BUDGET AMENDMENT #: BA02·100 DOCUMENT # & INPUT BY: G :\BUDG EnQUA TTRO\GENERAL IFORMS\AMENDM02. wb3 - m 11:: WN zo o~.... 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U Cl)E:.::: "-:::>.0 CD '- ;:¡ -"O~ '" cu- cu- <1> ECI)..!:: S:~~ o c:: :s; .c::::>-S1 Cl)0(¡j :q.ü"O ~:S"'5 ~ :::> 0 . 0 S: ~CI).c: cu l .S¿ .....-o§;: o (J) '" <1> .S <1> ~"O~ ..c::~- ~g~ ;:) '_ c:: Q. <If ~ <1> <1> cu :Sê.c: ~~~ :;:, ;::., e ~ê::SGt) :::>:::>,,1:: 0'0<1><1> ~ü.c:E '" '" .~ Q) '- :J:C .=: tt::.Q (t] :::> (t] ... .... 0' èi5§~~ c ~ , c c c "" (0 It) 6 ...... ~ cC ...... (") 0: w co :æ ::¡ z I- Z ::¡ o () () ~ z o ~ () u:: ¡::: (f) ::¡ ., ...... It) ...... , C\ c Q lJ.J ,¡¡; a w 0:: I- Z W :¡¡ Q. 5 a w dUSTlflC4 TlnN '-" fOR '-' SOL[ SOURcr PROCUR[MrNT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. . 1. We propose to procure the following: Century 36' x 14' Showmaster Mobile Sound Shell Stage. Stage is ADA compliant. Bas handicapped access lift, ADA handrails for stairs, hydraulic system and remote control pendant and control system. 2. As a sole source procurement from: Name of Company: Century Industries Contact name: Mark Arsenault Phone 812-246-3371 3. The basis for this sole source determination and the reason no other vendor is suitable is: Other vendors that were contacted were not ADA compliant and did not offer handicapped access lift. ADA handrails for stairs_ CnnlC1 not- pT"nU';iI~ hy,.1Y'!Jul-ir system or comparable standard features and accessories without incurrin2 additional costs. Also, other vendors did offer requested sta2e size. September 26, 2001 Date rtmentlDivision Note: 1. Enter description of goods or seNices to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. 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'j¡! ~ ~ C .§ ~ ~ .~ ~ è .~ ~ ..".\.),:: .,;:~~ !O;!U.t:;"" ......~\;,,\ .<:.::C(Õo;:......,~"'3 ).t Cj.š ;t ] "t ~ 'ß .1:: {:! \0 ~ ~ ~ ~ .~ ~ .~ ~ .;: ""I~c ~!»e~-cc Io.~\;"\ c'""è~ ~ ou~~ ~!';Io. \;,,\~ ~~c ~ "I .~ a.;, 10. ~ §< ..,.::! ....OUi! ~ ~ Io;t: Q ~ § ..; !! §-.s E 'õ g ~ ;:... ~ .... § ;:: .... ~ .::! .t:; ~ .;:. il1~';]'ò'~§~~ E If ~ E .;: '" ~ ~ -=--. Ò 8 .u .~ ~ ~ ~ ~ È ~ ~ § ~] 6 ~ .§ 10. C -§ ~ ~ ~ <5~~~~~~~~~i:f ~~¡:;:;-. ~ ~~ t:::'ÔÕ' .." . ~ . f . , '-"" AGENDA REQUEST -..... ITEM NO. C-3b DATE: October 9, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Director, Parks & Recreation SUBMITTED BY(DEPT): Parks & Recreation SUBJECT: Civic Center Stage Curtain and Rigging Equipment Replacementl Emergency Replacement BACKGROUN D: On August 6,2001 a complete inspection was performed by United Stage Equipment, Inc. (USE) on all of the Civic Center's rigging equipment and stage equipment. It was determined at that time that the equipment showed substantial signs of wear and needed to be either replaced or repaired. It was also determined that the fire curtain contains asbestos, causing a health issue, and should be replaced and properly disposed of by a licensed asbestos abatement company (USE report attached). The cost to replace the curtain and equipment is $40,015. An additional $3085.01 has been quoted for removal and disposal of the fire curtain by Occupational Health Conservation, Inc., a licensed asbestos abatement company for a total cost of $43,100.01. The project budget includes a 10% contingency in the amount of $4,310.01. Forty-eightthousand dollars ($48,000.00) is currently budgeted. In consideration of the potential health hazard that the fire curtain poses, staff is requesting that replacement of the curtain be declared an emergency situation and use of the quotes already obtained be approved. FUNDS AVAILABLE IN: 316-7510-563000-150017(Civic Center Capital Improve. Other Than Buildings) PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners declare an emergency related to the removal, disposal and replacement of the fire curtain and repair of the staging equipment. Approve waiver of the formal bid process and award the bid for removal and disposal of the fire curtain to Occupational Health Conservation Inc. in the amount of $3085.01 and the bid for stage equipment repair and replacement of the fire curtain to United Stage Equipment in the amount of $40,015. Approve the t project budget of $47,410.02. Approve contracts as drafted by the County Attorney and authorize the Chairman to sign. COMMISSION ACTION: {J-- CO,,'" A.O'''''j > Originating Dept: . J( Doug A County Coordination/Siqnatures [x] APPROVED [] DENIED [ ] OTHER: Mgt. & Budget: Purchasing Mgr.: µ2 Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 C·\W:NDOWS\TEMP\C\V1C Cent.er C'lrtai.n Repa::~::,.en: a.genda..wpd .. '-' -..,I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA To: Pete Keogh, Director Parks and Recreation Wayne Teegardin, Safety / OSHA Specialist vJ~ .,,-- From: Date: October 3,2001 Subject: Civic Center Stage Equipment Just wanted to touch base with you with regard to the upcoming renovation project for the Civic Center stage asbestos fire curtain, this project will also include the repair or replacement of items previously identified as safety related hazards. It would be very beneficial for us to move as quickly as possible on all of the identified items as a means to reduce risk and possible adverse exposures to our employees and members of the public. As indicated, this emergency situation should be resolved as soon as possiblé. I have enclosed copies of photographs of the identified items as they may be of some use to you as you prepare your contract documents. The asbestos problem should be abated prior to repairing or replacing any of the other stage related items. If you require coordination assistance with regard to the asbestos contractor please let me know. Copy: R. Bradshaw, Assistant County Administrator Patti Raffensberger, Recreation Manager Joe Finnegan, Risk Manager j , '-'-' Eo- Z r~l - :;; ~ - -' 0' ~ ¡;;;;; ~ -< f- if] ~ ~ f- Z ~ r , V i~E':-'-- .,-- U :...... - i:.. > ¡' - i U I -.-. ~ I, '-' ......,¡ ~"Í::¡¡;rr ~': :'k"<;'II/l""~"" ," ~~;~):~' .' 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'., / - - """, -, ~' u -. ..., , - '-' ....., MEMORANDUM ;~: TO: Robert Bradshaw, Assistant County Administrator .. <. ,. ~~¡ FROM: Patti Raffensberger, Recreation Manag~~G Parks and Recreation Department ~ ~~ ;~ :~ ;~ j[: DATE: September 7, 2001 'I SUBJECT: ~;;;;;;.:::~~:::;:::::;;:::i:;;;:~:;:'::::::;;;;::':;;;:::;;;:;;;':';;:;:;:::;;;;;;;~~;*;:;:X:;:;:;:;:;;;;;:::;.:;:;;d Civic Center Stage Equipment ================================================================================ This week we have reviewed the information received on the condition of the Civic Center stage equipment. With the assistance of the Human Resources Director and Risk Management personnel, we have determined that all work iòentlfied is safety related and is es:imated to cost $47,~10.02. The breakdown is as follows: $3B,51~ $ 1, 5JC $ 3,085.01 $ 4,310.01 $47,410.02 Contractor's est1mate Contractor's travel expenses Removal and disposal of asbestos f1re curtain 10% Contingency Attached 18 the contractor I s assessment of needed repairs anò the cost estimate from the asbestos contractor. Staff will be available to explain and discuss this informatio:1. C: Joe Finegan, Risk Manager Wayr,e Teegardin, OS~~ Specialist 4 p. 0 Box 567 . 110 Short Street Hartselle Alabama 356~O August 6, 2001 St Lucie County Civic Center 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 Re: St. Lucie County Civic Center Dear Patti, As you requested we have performed a complete inspection on all of the rigging equipment at your facility. The results of the inspection are stated in the following report. Trus system was installed in 1978. The equipment shows substantial signs of wear and needs to be either replaced or repaired. The specific items that need addressed are as follows: 1. Amount of wear on ropelocks indicate need for replacement. Due to this area being unsecured, we recommend installing ropelocks with keyed locks as an added safety feature Refer to photo #1. 2 Operating lines are made from seagrass and should be replaced with a synthetic non-stretch hand line. Refer to photo # 1. 3 Cast iron tops and bottoms on arbors are obsolete industry wide for safety reasons. These should be replaced. Refer to photo #5. 4. Evidence of improper use of spreader bars These should be properly positioned when arbors are replaced. Refer to photo #4. 5. All connections and terminations need inspecting, safety bolts installed and bolts properly torque. 6. All connections should be aligned and fasteners checked on the Tbar wall guide system. 7. The fire curtain material is asbestos and should be replaced along with the equipment required to replace the fireline system. Refer to photo #3. 8. There is no loading platfonn in your facility for top loading the arbors. It is our suggestion that a capstan winch and reaction rail be added to your system. 4 Continued on sheet 2 of 3 Area Code ~ð ielepl'one 773·2'SBS FÞ:J. T1'3~586 STAGE DRAPERIES. COUNTERWEIGHT AND MOTORIlfD RIGGING· CURTAIN MACHINES STAGE LIGHTING. TRACKS· FIRE CURTAINS. AUDITORIUM WINDOW DAAPES DOSSAL. AND BAPTISTJlY DRAPES. PEW CUSHIONS. GYL4KASIUL4 DIVIDER CURTAINS TclFreoe 101100-221.5'07 '-" ....., Sheet 2 of3 9. There are no means of keeping the slack out of the lifting cables. We suggest adding two rows of sag bars. 10. There is evidence that several counterweight arbors have been dropped, causing damage to the lower stop batten. We suggest replacing the stop battens, and their hardwood strips. Refer to photo #2. II. The smoke hatches are in need of having their cables and fusible links replaced. 12. On many of your tension floor blocks, their guide shoes are worn and are to the point of needing replacing 13. There is no consistent signage for the counterweight sets. We suggest having a new set of index cards installed Along with the index cards, there should be other operation and safety signs added to your facility. The photos I have included may help to clarify some of the problems discovered during the inspection. Should you have any questions or require further explanation, please do not hesitate to call. For your information 1 have enclosed an itemized quote for the cost of repair and/or replacement of the equipment identified in the above report. The items on the quote correspond by number to the items listed above We are pleased to quote the following I. Replace Rope locks with locks $ 3, 1 00.00 I a. Replace Rope locks without locks $~ 2. Replace Hand lines with Multi-line II $ 2,522.00 3. Replace Arbors $ 5,305.00 t 4. Adjust weights and properly space spreader plates $ 1,200.00 5. Add safety bolts and check all terminations. $ 663.00 Continued on sheet 3 of 3 '-' ...." Sheet 3 of 3 6. Check all connections on T-bar system $ 500.00 7. Replace fire curtain $ 12,500.00 *Note - take down and disposal of asbestos to be performed by a licensed asbestos abatement company. 8. Deliver and set up a capstan winch and reaction bar. $ 9,450.00 * *Note - this winch will require 208 3 phase power for a wall plug. All wiring, conduit, and electrical terminations shall be by others. 9. Add two rows of sag bars. $ 1,500.00 $ 275.00 $ 450.00 $ 850.00 $ 200.00 '$ 3<?,516. I O. Replace stop battens II. Replace fusible links and cable on smoke hatches 12. Replace guide shoes on tension floor blocks 13. Add new index cards and operation and safety signage Please add 51,500.00 per trip to job site. If you have questions or comments, please call. Sincerely, United Stage Equipment, Inc d~ Labron Ellis ....~ -...... 1'-" -J. -->ur-"". -> HP Lage~~e. ~'OOi Pace 2 P:2/2 I Occupational Health Conservation Inc., (OHC) is pleased to pro I de you this quote for the Asbestos Abatement Consulting Services for the above-reference I facility. Please fmd the quote below: ASBESTOS ABATEMENT CONSULTING SERVICES Work Order(Specification) @ 300.00\project xl. . . . . .. ! Air Monitoring @ 39.38\hr X 8 ..................... (one 8 hr shift, documentation all pcm samples included) Technical Coordinator @ 50.00\hr x I ............... (scheduling, quality control) Licensed Asbestos Consultant @ 8S.00\hr xl. . . . . . . . . (review and signoff) Report Preparation @ 13S.00\project x I ............. (based on 10 business day turn around time from the time Contract Administration .......................... Contractor Price ................................ TOTAL ESTIMATE Scope of Work: To abate and dispose of civic center stage curtain, 45'wide by 22' a 10 business day waiting period for DEP notification. Once the given, contractor will submit notification and 10 day COWlt down budget estimates only. The actual cost of the project will more th above. Actual work time will be billed by Wlit rates. AUG-2?--2001 02:54? FK~: '-' OCCUPATIONAL HEALTH CONSER V 5118 North 56th Street, Suite 215 Tampa, Florida 33610 Phone (813) 626-8156 Fax (813) 62 August 27,2001 Mr. Waÿ11e Teegardin St. Lucie County Board of County Commissioners 2300 Virginia Ave. Ft. Pierce, Florida 34982 Re: Asbestos Abatement Consulting Services Civic Center- Curtain OHC Proposal No. c:\starr\s1ccivic Dear Mr. Teegardin: I appreciate this opportunity to offer you this quotation for the abov to working with you. Should the above quotation be agreeable designated purchase order nwnber and fax to (813) 623-6702. Si~rely 'ãfi~u~~ Client Relations Coordinator Corporate Manager Authorized Signature & P.O. # T[1" 5614522361 TIfN, INC. 670 . . . . . . . . . . . 300.00 .......... 315.01 ... ¡........... 50.00 .. .\.... .......85.00 · .. .......... 135.00 fielö work is completed) · . .1. . . . . . . . .. 200.00 · .. ......... 2000.00 $3085.01 igh. Note: There will be tice to proceed has been 'll beßin. The above is for (iker be less than quoted serv\ces and look forward lease sign below with a 4 /'""1' V - - \w . ....., AGENDA REQUEST ITEM NO. C-3C DATE: October 9, 2001 CONSENT [X ] f REGULAR t PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS . Pete Keogh Director . SUBMITTED BY (DEPT): Parks and Recreation SUBJECT: BACKGROUND: FUNDS AVAIL: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ X] [ ] APPROVED OTHER: O_<Y ,,-::¡ fly Originating Dept:· ¡¿ Finance: (copies only): AgefrdapAOak.doc Authorize the County Administrator to sign the Florida Recreation Development Assistance Program (FRDAP) grant application for passive and active recreational improvement for Ancient Oaks Park. The Florida Department of Environmental Protection Division of Recreation and Parks is accepting applications for the State's FRDAP grant cycle. Since the County Project Manager will complete one of the current FRDAP project, the County can apply for one additional project to make for a total of three active projects. Grant staff met with the White City Improvement Club to discuss their recreational needs. The White City residents asked that a playground be included in the project and outdoor lights for the field not to be included. In addition, the Recreation Advisory Board approved the submission of the application. Funds will primarily be used to construct the: parking lot, entranceway, multi-use field for softball and soccer, ADA restrooms and a playground. . The application is for $180,000 and the $180,000 match is identified on Line 75 in the attached Parks and Recreation Five Year Capital Plan. The 100% required match will come from the Ancient Oaks Impact Fee account *310002-7240-563000-31010. On July 10, 2001 the BOCC approved submitting a similar application for the Ancient Oaks Park to the Land and Water Conservation Fund. Since the site did not provide access to water, the application did not score enough points to be funded. « Staff recommends that the Board authorize the County Administrator to sign the FRDAP grant application for Ancient Oaks Park and for staff to submit it by the October 12, 2001 deadline. t DENIED Mgt ,<; Budget: Purchasing: Public Works: Other: . ;¡ o iD c a GJ m j £) c > : " o Õ ;; 6 '" ... ~ -< '" 1 " r > 6 '" r " ¡¡;" " ,~ " " "D ~ '" '" '" """ "'...'" "rz :J:~O r;~~ ",:;;:J: mo" zoO cño~ m",¡: zm> <"'" 5;~z zfñ~ GJ>en ~ ç; " z a " > '" '" ~.... ~ ...."'... 0:"'1,.) ",o0 0000 ...~ ..."'''' b·...i:ø 00", wocoo ." .g .. '" ....~ ... '" '" "O....m 00"' (,)OCDO ... ~ ~. CJ) to.) o'".Þ.ê,o 00", (,0) OCD 0 ....~ ..."'''' o..ë 00'" UOCDO ..... 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Om ¡::;:g o:;c :;co S~ -0 00 Zc Oz ~::;! >0 ~o 3:3: m3: z- -i~ Õ Z m ~ . 41 . " I~IU " ~p ~ , I I i r IUIUli 1',1 Illill·l\ I_ .11i <~~ ! ~i E;ì !~Iª I! ~ ~ç F J a. !J~ i ~. l ~ ! ~ i ~ I ¡.; ~ ~ ~ S"II ëÞ .~ .. ::J ~i- ~,,~ ~~i:r â) ~ .., C j ~ :;" iû' ~ ::J C/) "~"'i ;~~~~~::] \'Ia¡¡::n~:x"t tr~!> Q S õ '" a""O'~t'Q, o)o!:, m tr-~..~:no; ~-'o'l- ·r,.,.~~~;41\~;::1J 11 aa:J.~~!c."!}m . C"(f,c,o _.0 J\ ~.IIIDtß,.!. ij.&g¡:\ !l""<'>1I1>g5' õ:!!;>Z . =-. CIi.. !!I Þ. Q c:r m ï:~:[: á1ë:~; _~!l !lg ç -:! x:.~ ¡- 0 ~m OI;:;:C, .- ~ r"" Z 8..~ 8.. i~ ~ ;:' r- =8 ~ ! t. 2" ¡ -8' i ~ ~ , \,.( ...., Exhibit H Conceptual Plan Ii .. c ii " ~ Q, " [ . ¡: L-~~ -.;-a ~ .. · · 4 · . . 11 11"':( "!!Þ i . (J'\ :;rm ~ !! = . 0 m '" i:\ Z m r m :¡ m Z ... c' I ! I I ~ 4 t 4 - '""' AGENDA REQUEST ....".; ITEM NO. Œ/~ /" DATE: October 9, 2001 REGULAR [] . PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY{DEPT): Administration Douglas M. Anderson County Administrator SUBJECT: Letter Agreement with Reingruber & Company, PA BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Letter Agreement and authorize the Chairman to sign the Letter Agreement. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: o glas Anderson ounty Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng. : Finance: (Check for Copy only, if applicable) Eff. 5/96 ... . . '-" "'" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Douglas M. Anderson, County Administrator DATE: October 2, 2001 SUBJECT: Letter Agreement with Reingruber & Company, P. A. ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: Attached to this memorandum is a proposed Letter Agreement between the County and Reingruber & Company, P.A. Under the terms of the Agreement, Reingruber will perform a financial and operational assessment of Abbiejean Russell Care Center. The cost of the assessment will be based on time spent not to exceed $32,000.00. Reingruber will complete the assessment within 90 days of authorization to proceed. Funding is available in Account Number RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Letter Agreement and authorize the Chairman to sign the Letter Agreement. Respectfully submitted, Douglas M. Anderson County Administrator :. '-" .. . Iml Reingruber ~ ~. Company, EA. CP.\·S & HEALTHCARE CONSULTA:\TS Io)ŒŒŒ~WŒ~ wi OCT I 2001 I~ j i ! September 26, 2001 . Mr. Douglas M. Anderson County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982-5652 cc... .i\f)¡::-",.! ( - - , ~---_._-- - -- -_. . Re: Abbiejean Russell Care Center Dear Mr. Anderson: We are pleased to submit this proposal to provide consulting services to St. Lucie County, to perform a financial and operational assessment of Abbiejean Russell Care Center (ARCC), in order to prepare a plan and recommendation which will facilitate the company's self-reliance. This letter will confirm our understanding of the nature and limitations of the services we are to provide. We will apply the agreed-upon procedures specified below: I. Based on interim financial statements completed by DiBartolomeo, McBee, and Sloan, P.A., financial auditors for ARCC, we will prepare an analysis of per patient day expenses year-to-date. 2. We will prepare a per diem cost comparison for major cost categories between ARCC and other comparable facilities, and identify any expense items that may deviate materially from the selected peer group. 3. We will conduct an on-site evaluation as needed to collect specific financial and operational information regarding certain key expense areas, such as departmental staffing and related costs, raw food costs, ancillary service costs and other significant expense categories, and current budgetary controls. 4. We will prepare a business plan for ARCC that will identify the specific management, operational and financial steps and related time frames necessary for ARCC to become financially self-reliant. 100 Second A.wnue South, Suite 1200. St. Petersburg, FL 33701 (727) 821-9200 . Fax: (727) 820-0033 . E Mail: HealthcareCPAs@Reingruber.com '"i '-' 'wi Mr. Douglas M. Anderson 2 September 26, 2001 5. We will compile, in accordance with attestation standards established by the American Institute of Certified Public Accountants, the projected statements of income and cash flow and summaries of significant assumptions and accounting policies of ARCC as of September 30, 2002 and for the period then ended. We will not express any form of assurance on the achievability of the projection or reasonableness of the underlying assumptions. 6. We will prepare an overview of the Florida Medicaid and federal Medicare reimbursement systems and significant finalized or proposed regulatory changes. 7. Pursuant to a separate engagement with ARCC's legal COlillSel, we will conduct an on-site evaluation of the compliance of ARCC with Medicare and Medicaid billing requirements as defined in the Medicare Provider Reimbursement Manual (PRM-J5), the Medicare Skilled Nursing Facility Manual (HIM-J2), Medicaid Nursing Facility Coverage and Limitations Handbook, Aledicaid Reimbursement Handbook and other applicable state and federal regulations and manuals. Although we will be engaged by ARCC's legal counseL we understand that St. Lucie County will assume financial responsibility for payment of the related fees. Our engagement to apply agreed-upon procedures will be perfom1ed in accordance with standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely your responsibility. Consequently. it is understood we make no representation regarding the procedures described above either for the purpose for which this report has been requested or for any other purpose. If, for any reason, we are unable to complete the procedures, we will describe any restrictions on the performance of the procedures in our report or will not issue a report as a result of this engagement. Because the agreed-upon procedures listed above are substantially less in scope than an examination, we will not express an opinion on the financial, operational or billing practices of ARCC, or any other form of assurance thereon. In addition, we have no obligation to perform any procedures beyond those listed above. lf however, as a result of the procedures or through other means, matters come to our attention that cause us to believe that certain financial, operational and/or billing practices are not in compliance with all regulations, we will disclose those matters in our report. Such disclosures, if any, may not necessarily include all matters which might have come to our attention had we performed additional procedures or an examination. At the conclusion of our work, we will submit a report to you listing the procedures performed and our findings. This report is intended solely for the use of St. Lucie County and its Board of County Commissioners and should not be used by those who did not agree to the procedures and take responsibility for the sufficiency of the procedures for their purposes. Our report will contain a paragraph indicating that had we performed additional procedures, other matters might "'f '-" Mr. Douglas M. Anderson 3 ....." September 26, 200 I have come to our attention that would have been reported to you. Our report will be completed on or before January 1, 2002 or within 90 days of signing this letter, whichever occurs last. Our fees for these services will be based on the actual time spent, at our standard billing rates as outlined below: Position Shareholder Manager Supervisor Senior Staff Clinical/Operational Consultant Billing Consultant Administrative Hourly Rate $210 $140 $125 $ 65 $ 55 $100 $ 65 $ 40 Based on our preliminary discussions, we expect our fees to be between $24,400 and $30,200. The fees shall not exceed $32,000 unless approved in writing by the County. Out-of-pocket expenses will be billed separately and will not exceed $1,000. Out-of-pocket expenses include travel and are subject to the provisions of Section 112.061, Florida Statues. Invoices will be rendered monthly as the work progresses and are payable upon presentation. We appreciate this opportunity to be of service and will be available to discuss this letter at any time. If the foregoing terms are acceptable to you, please acknowledge by signing the enclosed copy and returning it to us in the envelope provided. d P~bliC A~f:to /l Acknowledgement: ST. LUCIE COUNTY By: Date: ---...,...- ...... ......---=- ~ . '-'" AGENDA REQUEST ITEM~O. t .SA DATE: October 9, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 01-22 - Economic Development Ad Valorem Tax Exemption Application BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA nON: Staff recommends that the Board grant permission to advertise Ordinance No. 01-22 as drafted for a public hearing on Tuesday, November 13, 2001 at 9:00 a.m. 4 ~] APPROVED [ ] DENIED [ ] OTHER: . COMMISSION ACTION: County Attorney: J;r Review and Approvals Management & BU~d.ge. Com. Dev. D1r.: if applicable) Purchasing: f\ Originating Dept. Econ. Dev. Mgr.: Finance: (Check for Copy only, Eff. 5/96 ..., ....... '-" ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2254 DATE: September 25, 2001 SUBJECT: Ordinance No. 01-22 - Economic Development Ad Valorem Tax Exemption Application ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: Attached is a draft of Ordinance No. 01-22 which, if adopted, would amend the application form for an economic development ad valorem tax exemption to require the applicant to provide the annual hourly wage of the applicant's employees. RECOMMENDATION/CONCLUSION: ~ Staff recommends that the Board grant permission to advertise Ordinance No. 01-22 as drafted for a public hearing on Tuesday, November 13, 2001 at 9:00 a.m. . Daniel S. McInt e County Attorn V DSM/caf Attachment ,.... - \.,..' "<oJ ORDINANCE NO_ 01-22 AN ORDINANCE AMENDING ORDINANCE NO.92-24 BY AMENDING SECTION 1-19.3-56 (GENERAL) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, PROVIDING AN AMENDED ATTACHMENT 1; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On October 6, 1992, this Board adopted Ordinance No. 92-24 which created an Economic Development Ad Valorem Tax exemption; established an exemption for certain ad valorem taxation for certain new and expanding business properties; provided definitions and procedures for the applicability for exemption; specified duties of the property appraiser in connection with such property. 4 2. Ordinance No. 92-24 took effect upon a majority vote in the November 3,1992 election. 3. Pursuant to Section 195.022, Florida Statutes (2000), the County has received permission from the Department of Revenue to use the attached EDAG-1 in lieu of DR-418. c NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of St. Lucie County, Florida: \r '''''-''' PART A. AMENDMENT OF SECTION 1-19.3-56 GENERAL. Section 1-19.3-56 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-19.3-56. General The Economic Development Ad Valorem Tax Exemption is a local option tax incentive for new or expanding business which may be granted or refused at the sole discretion of the Board. To apply for such an exemption, a business locating or expanding in the incorporated or unincorporated area of St. Lucie County must file an application Form EDAG-1, attached hereto as Amended Attachment 1 with the Board. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extend of such conflict. PART C. SEVERABILIìY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. ~ ..." PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect thirty (30) days after formal adoption by the Board of County Commissioners. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Frannie Hutchinson XX Vice Chairman Doug Coward XX Commissioner Cliff Barnes XX Commissioner Paula Lewis XX Commissioner John Bruhn XX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. . '-" ...,I PASSED AND DULY ENACTED this _ day of ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney '-'I v ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION APPLICA nON Ordinance No. 92-24, St. Lucie County Code of Ordinances, Chapter 196, Florida Statutes To be filed with the Board of County Commissioners ofSt. Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional infonnation, if necessary or requested. I. Business Name and Mailing Address: 2. Please give name and telephone number of Owner or Person in Charge of this business: Name: Telephone Number: 3. Exact Location (Legal Description and Street Address) of Property for which this return is filed: 4. Date you began, or will begin, business at this facility: 5. a. Description of the improvements to real property for which this exemption is requested: _ b. Date of commencement of construction of improvements: 6. a. Description of the tangible personal property for which this exemption is requested and date when property was, or is to be, purchased: Taxpayer's APPRAISER'S Estimate Taxpayer's USE Date of Estimate of ONLY of Original Condition Fair Market Class ofItem Age Purchase Cost Good A vg. Poor Value Condition .. I '-" v b. Average Value of Inventory on hand: c. Any additional personal property not listed above for which an exemption is claimed must be returned on form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form. 7. Do you desire exemption as a: "New Business" or as an _ "Expansion of an Existing Business" 8. Describe the Type or Nature of Your Business: 9. Trade Level (Check as many as apply): Wholesale _ Manufacturing_ Service Office Other Professional - 10. a. Number of full-time employees to be employed in S1. Lucie County, Florida ill Average hourlv wage b. If an expansion of an existing business: (1) Net increase in Employment (2) Increase in productive output resulting from this expansion 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility-One (1) location only Total sales everywhere from this facility-One (1) location only divided by = 12. For office space owned and used by a corporation newly domiciled in Florida: a. Date of incorporation in Florida: « b. Number of Full-time employees at this location: t 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. 2 '-" \wi I hereby request the adoption of an ordinance granting an exemption ITom ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statutes as incorporated by Ordinance No. 92-24, St. Lucie County Code of Ordinances. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) « DATE: SIGNED: (Preparer) SIGNED: (Taxpayer) (Preparer's Address) « TITLE: (Preparer's Telephone Number) PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year ITom ad valorem tax sources: 2. Revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section: Estimate ofthe revenue which would be lost to the county or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subject to taxation: I 3. 4. Estimate of the taxable value lost to the county if the exemption applied for were granted: . 5. Estimated number of St. Lucie County residents to be employed in county: Improvements to real property Personal Property I have determined that the property listed above meets the definition, as defined by Section 196.012(15) or (16), Florida Statutes, as incorporated by Ord. No. 92-24, St. Lucie County Code of Ordinances as a New Busi.ness , as Expansion of an Existing business , or Neither Last year for which exemption may be applied: 6. . 7. DATE: SIGNED: (Property Appraiser) RETURN TO BE FILED NOT LATER THAN MARCH 1 3 '-' v GENERAL INFORMA nON Under the constitutional amendment passed by the voters of Florida on October 7, 1980, tax exemptions can be granted to new and expanding businesses only after the voters of a city and/or county vote in a referendum to allow exemptions for that city or county. Section 196.1995, Florida Statutes, requires that a referendum be held if: (1) The Board of County Commissioners or governing authority of a municipality (city or county commission) votes to hold such a referendum, or (2) ifthe county or city commission receives a petition signed by ten percent of the registered voters of the county or city. This referendum question can then be placed before the voters of a city or county at any regular election or special election called for voting on the tax incentive referendum or for any other purpose. On September I, 1992, the Board of County Commissioners ofSt. Lucie County (Board) voted to place the question of an Economic Development Ad Valorem Tax Exemption of the November 3, 1992 ballot which passed with a majority vote. Thereafter, the Board adopted Ordinance No. 92-24 establishing general guidelines concerning the exemption and Resolution No. 92-264 establishing an eligibility rate schedule. A company must first meet the definitions of a new or expanding business: New Business (a) A business establishing 10 or more jobs to employ 10 or more full-time employees in this County, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (b) A business establishing 25 or more jobs to employ 25 or more full-time employees in this County, the sales factor of which, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed. No business engaged in retail operations as defined herein shall be eligible for an exemption pursuant to this subsection (b); or (c) An office space in this state owned and used by a corporation newly domiciled in this County; provided such office space houses 50 or more full-time employees ofsuch corporation; provided that such business or office first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. (d) Any business located in an area designated enterprise zone that first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. (The above are applicable ifthe business is on a site clearly separate from any other facility owned by the same company.) Expansion of an Existing Business (a) A business establishing 10 or more jobs to employ 10 or more full-time employees in the County, which manufactures, processes, compounds, fabricates, or produces for sale items oftangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (b) Any business establishing 25 or more jobs to employ 25 or more full-time employees in this County, the sales factor of which, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is 4 ~ \",if claimed; provided that such business increases operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than 10 percent or an increase in productive output of not less than 10 percent. No business engaged in retail operations as defined herein shall be eligible for an exemption pursuant to this subsection (b). (c) Any business located in an enterprise zone that increases operations on a site collocated with a commercial or industrial operation owned by the same business. A "business engaged in retail operations" shall be defined as a business engaged in a sale to a consumer 0 to any person of any item of tangible personal property for any purpose other than for resale If a business meets on of the above definitions as a new or expanding business, it must then file this application with the county commission. After the county commission receives this application, it will submit the application to the county property appraiser for review. After the property appraiser makes the report as to the fiscal impact of granting the exemption, the county or city commission shall then adopt an ordinance in the usual manner-granting the exemption, if it chooses to do so. A business cannot receive exemption from school taxes or water management district taxes. Also, a business must pay taxes that were voted by the voters of a city or county to pay for bond issues and other special tax levies authorized by the voters of a city or county. The exemption can only before the improvements to the real property and for tangible personal property. The land on which the new or expanding business is to be located will still be taxed and taxes must be paid on it. The action taken by the county commission can only exempt the taxes paid to that governmental body. Therefore, the county can only exempt its taxes. All other taxes must be paid. This exemption shall first apply to the 1993 assessment rolls. DEFINITIONS Section 196.011(1), Florida Statutes - Failure to make application by March 1 of any year shall constitute a waiver of the exemption for that year. Section 196.012(15) and (16), Florida Statutes, (15) "New business" means: (a) 1. A business establishing 10 or more jobs to employ 10 or more full-time employees in this County, which manufactures, processes, compounds, fabricates, or produces for sale items oftangible personal property at a fixed location and which comprises and industrial or manufacturing plant; or 2. Any business establishing 25 or more jobs to employ 25 or more full-time employees in this County, the sales factor of which, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed. No business engaged in retail operations as defined herein shall be eligible for an exemption; or 3. An office space in this state owned and used by a corporation newly domiciled in this county provided such office space houses 50 or more full time employees of such corporation; provided that such business or office first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business; or 4. Any business located in an area designated enterprise zone that first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. f 5 '-" \wi 5. Any business located in an area designated a slum or blighted area pursuant to Section 163.355, Florida Statutes. For the purpose of this section, the tenn slum area or blighted area shall have the same meaning as in Sections 163.340(7) and (8), Florida Statutes. (16) "Expansion of an existing business" means: (a) 1. A business establishing 10 or more jobs to employ 10 or more full-time employees in this County, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or 2. Any business establishing 25 or more jobs to employ 25 or more full-time employees in this County, the sales factor of which, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; provided that such business increases operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than 10 percent or an increase in productive output of not less than 10 percent. (b) Any business located in an enterprise zone that increases operations on a site collocated with a commercial or industrial operation owned by the same business. Section 220.15(5), Florida Statutes - "Sales Factor" (5) The sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this state during the taxable year or period and the denominator of which is the total sales of the taxpayer everywhere during the taxable year or period. (a) As used in this subsection, the tenn "sales" means all gross receipts of the taxpayer except interest, dividends, rents, royalties, redemption, or other disposition of securities. However: 1. Rental income included in the tenn if a significant portion of the taxpayer's business consists of leasing or renting real or tangible personal property; and 2. Royalty income is included in the tenn if a significant portion of the taxpayer's business consists of dealing in or with the production, exploration or development of minerals. (b) 1. Sales of tangible personal property occur in this state if the property is delivered or shipped to a purchaser within this state, regardless ofthe f.o.b. point, other conditions of the sale, or ultimate destination of the property, unless shipment is made via a common or contract carrier. 2. When citrus fruit is delivered by a cooperative for a grower-member, by a grower-member to a cooperative, or by a grower-participant to a Florida processor, the sales factor for the growers for such citrus fruit delivered to such processor shall be the same as the sales factor for the most recent taxable year of that processor, shall be furnished on the request of such a grower promptly after it has been detennined for that taxable year. 3. Reimbursement of expenses under an agency contract between a cooperative, a grower-member of a cooperative, or a grower and a processor is not a sale within this state. (c) Sales of a financial organization, including, but not limited to, banking and savings institutions, investment companies, real estate investment trusts, and brokerage companies, occur in this state if derived from: 6 '-" '-' 1. Fees, commissioners, or other compensation for financial services rendered within this state; 2. Gross profits from trading in stocks, bonds, or other securities managed within this state; 3. Interest received within this state, other than interest from loans secured by mortgages, deeds of trust, or other liens upon real or tangible personal property located without this state, and dividends received within this state; 4. Interest charged to customers at places of business maintained within this state for carrying debit balances of margin accounts, without deduction of any costs incurred in carrying such accounts; 5. Interest, fees, commissioners, or other charges or gains from loans secured by mortgages, deeds of trust, or other liens upon real or tangible personal property located in this state or from installment sale agreements originally executed by a taxpayer or his agent to sell real or tangible personal property located in this state; 6. Rents from real or tangible personal property located in this state; or 7. Any other gross income, including other interest, resulting from the operation as a financial organization within this state. In computing the amounts under this paragraph, any amount received by a member of an affiliated group (determined under s. 1504(a) of the Internal Revenue Code but without reference to whether any such corporation is an "includable corporation" under s. 1504(b) of the Internal Revenue Code) from another member of such group shall be included only to the extent such amount exceeds expenses of the recipient directly related thereto. Section 220.15(6), Florida Statutes - "Financial Organization" (6) The term "financial organization," as used in this section, includes any bank, trust company, savings bank, industrial bank, land bank, safe-deposit company, private banker, savings and loan association, credit union, cooperative bank, small loan company, sales finance company, or investment company. ReVlsed 1/14/00 (g:\attylbl nkfonn\ecodev-advalorem) 7 '-" AGENDA REQUEST ...., ITEM NO. c- ~b DATE: October 9,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] · f TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Request the Board of County Commissioners approve the Abandonment of a Temporary Non-Exclusive Drainage Easement and the Acceptance of a new Temporary Non-Exclusive Drainage Easement serving the St. Lucie County Sports Complex. · , BACKGROUND: St. Lucie West Development Corporation (SLWDC) requested the existing 40" Drainage Easement be relocated 46' +/- North to accommodate their needs. This new Temporary Non-Exclusive Drainage Easement will replace the existing easement and satisfy the County's drainage requirements forthe St. Lucie County Sports Complex. The new Drainage Easement will be constructed to County standards by SLWDC at their sole cost prior to the removal of the existing Drainage Easement. FUNDS AVAIL: N/A PREVIOUS ACTION: July 18, 2000, the Board of County Commissioners approved a Temporary Non-Exclusive Drainage Easement with SLWDC (Recorded in OR Book 1317, pages 2892 - 2897). This easement is proposed to be abandoned. f RECOMMENDATION: Staff recommends that the Board approve the attached Abandonment of the July 18, 2000 Temporary Non-Exclusive Drainage Easement, approve the new attached Temporary Non-Exclusive Drainage Easement, authorize the Chairman to execute both documents and direct staff to record both documents upon the completion and approval of the new Temporary Non- Exclusive Drainage Easement by the Public Works Director. f · COMMISSION ACTION: NCE: Ie] APPROVED [] DENIED [ ] OTHER: u as Anderson nty Administrator (X) Originating Dept. tC). ~ Review and A ovals ¿L/ Purchasing: (X) County Attorney: Finance: (X) (Check for Copy only, if applicable) (X) Public Works (X) Engineering AL- Eff.5196 Other: G:\ACQ\WP\Don\ST LUCIE WEST TEMP DRAINAGE EASEMENT\Temp. Drainage Easement Agenda 10·9...Q1.wpd '" 52 æj a:: ~ w. ~~ 0:: "'. a:: ~d « ~e CD ,,; ffi¡:: >- ~ hI- <~ 1-4 ~ Ë~ 9 g s~ ~ "'u u... ~~ ~ ~ >, --'-----=- -- '" '-" W ~ .J >- l- t!: W CI. o &: I- z W ¿ W '" « W W CI. « u ~ ~ <0. .J ..... W U Z W LJ.. '" -~----------~..... ., \ \ - ---l \ ~iJ) -, f- [J¡t:r::x. <COW [LI 0..-1 iL 1/1 CL I-I-¿ (:10 I- d' U ~O X',) W - -- \ I \ \ \ ~\ ~\ w s\ f-- 5\ t!: tD\ ~\ ~\ "" a: o¡ I- ~I x I I \ I i I ~ ~~ GSroo W_I!] ~ 11'0 v Z'" :::{« WI-", ¡aZw ~:::{a ::õ~ ~r,",~ .1- !:1i« ~¡§:J~ ....z8]'" [jiOl-'"' . z ~~C5¡:: «wu~ g<f~[j .J~«z ~ V) (/'h·"'4 ~o ¡al-ß ~w.J . <f¡:j o~ll. <t(f)o ~~;ã ~ašw [jHD ~ ill ~ ur<iC\J >C\Jr-- o...JC\J .w"" 5!:>x ~~~ '-"' '-.",I August 20, 2001 LN\\' . . . . . . . . ... .. Lawson, Noble & Webb, Inc. ENGINEERS · PLANNERS. SURVEYORS Ce!.e6rating 20 :rears of'D(ce[!.ence 1981-2001 . St. Lucie County Public Works 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 RE: St. Lucie West - Treasure Coast Sports Complex Swale Relocation L.N. & W. Project No. 8549 SLWSD WA#4C-03-0005 Attn: Ray Wazny, P.E. Public Works Director Dear Mr. Wazny: Please find enclosed our submittal for review for the above referenced project. The existing swale was constructed in a temporary drainage easement. A request has been submitted to St. Lucie County to create a new temporary drainage easement and abandon the existing temporary drainage easement. The new temporary drainage easement is adjacent to the Treasure Coast Sports Complex's southern property line and approximately 40 feet north of the existing temporary drainage easement. Included in this submittal are the following items: 1. One (1) copy of the construction plans. 2. One (1) copy of the proposed new temporary drainage easement. If you have any questions or need additional information, do not hesitate to contact our office. Sincerely, ~~~ Kelly E. Cranford, P.E. .' "1 - ~, 'J r"r=n /._' . .. I -~~--:.: ( - __= ¿ ¥ - ;.:;:~'-.'-~- -~' " ~ , ,-. . " ~ i I ! 'f ...." .... '. ;J. ',;, ,,. -~-'_/'~';j KEC/gl I i L :.; :"";:;"'J ::' I:\Dala\500-599IB549IDOCSIB549 SLC SWALE L TR 8-20-01.doc LAWSON, NOBLE & WEBB, INC:. . 590 NW Peacock Boulevard. Suite 9 . Port St. Lucie. FL 34986 PH. (561) 878-1700 0 FAX (561) 878·1802 olnw-psl@lnw-inc.com . hltp:lfwww.lnw-inc.com West Palm Beach 0 Port St. Lucie 0 Orlando """ ~ Return 10: (enclose self-addressed slemp envelope) ABANDONMENT OF TEMPORARY DRAINAGE EASEMENT Name: Gary R. Burford, PSM t Address: Lawson, Noble & Webb, Inc. 590 NW Peacock Boulevard, Suite 9 Port St. Lucie, Florida 34986 This Instrument Prepered by: Gary R. Burford, PSM Address: Lawson, Noble & Webb, Inc. 590 NW Peacock Boulevard, Suite 9 Port St. Lucie, Florida 34986 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATE THIS ABANDONMENT OF TEMPORARY DRAINAGE EASEMENT, executed this day of ,2001, by St. Lucie County ("S.L.C."), whose post office address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, first party, to St. Lucie West Development Corp., whose post office address is 1850 Fountainview Boulevard, Port St. Lucie, Florida 34986, second party: (Wherever used herein the terms "first party" and second party" shall include singular and plural, heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) Witnesseth: That the said first party, for and in consideration of the sum of $10.00 and other good and valuable consideration, in hand paid by the second party, the receipt whereof is hereby acknowledged, together with all other covenants made by the second party and contained herein, has vacated, abandoned, discontinued, closed all of a 40.00 foot temporary drainage easement forever, over the following described lot, piece or parcel of land, situate, lying and being in the County of St. Lucie, State of Florida, to-wit: See Exhibit "A" 1:\Dala\400-499\b481\DOCS\2001\B481 PRIV UTIL EAS S-21-00.doc '-'" '-' IN WITNESS WHEREOF, the said first party has caused this instrument to be executed by its duly authorized agents, and its corporate seal affixed hereto. · · Signed, sealed and delivered in presence of: St. Lucie County By: Witness Signature Printed Name: · Printed Name Title: · Witness Signature Printed Name STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this _ day of 2001 by John D. Bruhn, as Chairman, of St. Lucie County Board of County Commissioners, on behalf of the County. He is personally known to me, or who has produced as identification and who didl did not take an oath. · [Notary Seal or Stamp] Notary Public-State of Florida · Print Name: My Commission Expires: 1:\Dala\400-499\b481\DOCS\2001\B481 PRIV UTIL EAS 5-21-00.doc - '-" \."J LAWSON, NOBLE &WEBB, INC. LB# 6674 CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 590 NW PEACOCK BLVD, SUITE 9, PORT ST. LUCIE, FLORIDA PHONE (561) 878-1700 . f EXHIBIT uA" . « DESCRIPTION: BEING ALL OF THAT TEMPORARY DRAINAGE EASEMENT DESCRIBED IN OFFICIAL RECORD BOOK 1317, PAGES 2892 TO 2897, RECORDED IN THE PUBLIC RECORDS OF S1. LUCIE COUNTY, FLORIDA. - t . JOB NO.: B461 BY: GRB CHECKED: LJH F.B.: N/A PG.: N/A SHEET 1 OF 1 '-" '-" Return to: (enclose self·addressed stamped envelope) A TEMPORARY NON-EXCLUSIVE DRAINAGE EASEMENT Name: Gary R. Burford, PSM · Address: Lawson, Noble & Webb, Inc. 590 NW Peacock Boulevard, Suite 9 Port SI. Lucie, Florida 34986 t This instrument Prepared by: Gary R. Burford, PSM Address: Lawson, Noble, and Webb, Inc. 590 NW Peacock Blvd., Suite 9 Port SI. Lucie, FL 34986 4 __Space above this line for processing data · Space above this line for recording data THIS IFMPORARY NON-EXCLUSIVE DRAINAGE EASEMENT executed thisEdãy of :Jü/-Je , 2001, by St. Lucie West Development Corp. ("SLWDC") whose post office address is 1850 SW Fountainview Boulevard, Suite 201, Port St. Lucie, Florida 34986, first party, to St. Lucie County. ("SLC") whose post office address is 2300 Virginia Avenue, Ft. Pierce, Florida 34982, second party: · (Wherever used herein the terms "first party" and second party" shall include singular and plural, heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) Witnesseth: That the said first party, for and in consideration of the sum of $10.00 and other good and valuable consideration, in hand paid by the second party, the receipt whereof is hereby acknowledged, together with all other covenants made by the second party and contained herein, has granted, bargained and sold unto the said second party, a temporary non-exclusive drainage easement over the following described lot, piece or parcel of land, situate, lying and being in the County of St. Lucie, State of Florida, to-wit: · See Exhibit "A" f for the purposes of ingress, egress, construction, repair, installation and maintenance of drainage facilities, and related appurtenances, and not for video communications; and reserving unto the first party an easement over the described property for the purposes of ingress and egress tot he first party's property, and it shall be the duty of the second party to maintain and repair said facilities and to repair any damage to the describe property caused by the second party as may be required from time to time hereafter. \IPSl__ F SIMAINIDalaI500·599IB549IDOCSIB549 .Iempd rainageeasementS LC .doc ~ "'" The Grantor reserves the use of the easement property not inconsistent herewith, but no above ground building or structure (except fences, pavement, or sidewalks as may be authorized by the Grantee) shall be erected or placed on such lands by the Grantor. Any damage to fences, pavement, sidewalks or other improvements of the Grantor on the lands of the Grantor adjoining the easement premises, done by the Grantee in the installation, maintenance, operation, repair, replacement, or renewal of drainage and surface water management facilities, and any equipment and improvements or facilities connected therewith, shall be promptly repaired or compensated by the Grantee. . f The Easement granted herein shall remain in full force and effect until such time as Grantor may decide, in its sole and absolute discretion, to replat the Easement Parcel (or property which includes the Easement Parcel) wherein the Easement Parcel shall be dedicated (for the benefit of the Dominant Parcel and for purposes described herein) to the Grantee, or other entity as Grantor may deem appropriate in its sole discretion ("New Easement"). Upon dedication of the New Easement, this Easement Agreement and the Easement created herein shall automatically terminate and be of no further force or effect, without the necessity of any joinder or consent of Grantee. · · In Witness Whereof, the said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of: Jj,~ ! YJ~ Witness Si ature S iY'le E Sm ~+'" Printed Na e · By: est Development Corp. · · S Lt S f'r-A,l £-. ISe-teG- Printed Name \\PSL _FSIMAINIData\500-599\B549IDOCSIB549 .tempdrainageeasementS LC .doc '-"' ...., STATE OF FLORIDA ) )SS: ) · COUNTY OF ST. LUCIE · I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, the foregoing instrument was acknowledged before me by David Paqe, the Vice President, of S1. Lucie West Development Corp., authorized to do business in the State of Florida, freely and voluntarily under authority duly vested in him by said corporation, and that the seal affixed thereto is the true corporate seal of said corporation. He is personally known to me. · · WITNESS my hand and official seal in the County and State last aforesaid this~~ay ofvvn c::. , 2001. MY COMMISSION EXPIRES: ~¿JJ~ NOTARY BUC Jh,;¡ ev G. (fhJ ~'--11- Typed, printed or stamped name of Notary Public ~ , v P oi'AOIAI.NOT MV SEAL o,,~\t £ic9ç, SHIRl...CV ESlAmi t~ ~ COMMISSICNNUMBER ~ . <{ DD015824 .,..~ cf MY COMMISSION EXPIRES OFF\.O MAY4200s . · t I · · · \\PSl_ FS\MA I N\Data\500-599\B549\DOCS\B549 .tempdra i nageeasemenlS lC. doc , \..'" L f\c.\' . . . . . . . . . . . . .-- Lawson, Noble & Webb, Inc. LB #6674 ENGINEERS . PLANNERS . SURVEYORS 590 NW Peacock Boulevard, Suite 9, Port SI. Lucie. Florida 34986 (561) 878-1700 . fax: (561) 878-1802 . email: Inw-psl~lnw-inc,com West Palm Beach· Port St. Lucie . DESCRIPTION TO ACCOMPANY SKETCH EXHJBIT lEA" LEGAL DESCRIPTION , AN EASEMENT FOR DRAINAGE PURPOSES OVER AND ACROSS PARCEL 210 AS SHOWN ON ST. LUCIE WEST PLAT NO. 107, 2ND. REPLAT IN PARCEL 21, AS RECORDED IN PLAT BOOK 37, PAGES 19, 19A - 19C, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF PARCEL 21E AS SHOWN ON ST. LUCIE WEST PLAT NO. 127, A REPLAT IN PARCEL 210 AS RECORDED IN PLAT BOOK 39, PAGES 2 AND 2A, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY (BEARINGS ARE RELATIVE TO A BEARING OF NORTH 03'28'43" EAST ALONG THE EAST LINE OF SAID PARCEL 21E); THENCE WESTERLY, ALONG THE SOUTHERLY LINE OF SAID PARCEL 21E, SAID LINE BEING THE ARC OF A CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 3014.28 FEET, THRU A CENTRAL ANGLE OF 02'52'04", AN ARC DISTANCE OF 150.87 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE WESTERL Y, ALONG THE ARC OF SAID CURVE (AND SAID SOUTHERLY LINE), THRU A CENTRAL ANGLE OF 00°45'37" AN ARC DISTANCE OF 40.00 FEET TO A POINT OF INTERSECTION WITH A NON-RADIAL LINE (THE RADIUS POINT BEARS SOUTH 00'08'58" EAST FROM THIS POINT); THENCE, DEPARTING SAID SOUTHERLY LINE, SOUTH 00'00'00" WEST, ALONG SAID NON-RADIAL LINE, A DISTANCE OF 43.00 FEET TO A POINT OF INTERSECTION WITH THE ARC OF A NON-RADIAL CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 2971.28 FEET, AND CONCENTRIC WITH THE SAID CURVE HAVING A RADIUS OF 3014.28 FEET (THE RADIUS POINT BEARS SOUTH 00°09'06" EAST FROM THIS POINT); THENCE EASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 2971.28 FEET, THRU A CENTRAL ANGLE OF 03°42'40", AN ARC DISTANCE OF 192.45 FEET TO A POINT OF INTERSECTION WITH A NON-RADIAL LINE (THE RADIUS POINT BEARS SOUTH 03°33'34" WEST FROM THIS POINT); THENCE NORTH 90'00'00" EAST, ALONG SAID LINE, A DISTANCE OF 222.35 FEET TO THE TOP OF BANK OF AN UNDER-CONSTRUCTION LAKE; THENCE NORTH 01'32'36" WEST, ALONG SAID TOP OF BANK, A DISTANCE OF 40.01 FEET TO A LINE PARALLEL WITH, AND 40.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE PREVIOUS COURSE HAVING A BEARING OF NORTH 90'00'00" EAST; THENCE, DEPARTING SAID TOP OF BANK, NORTH 90'00'00" WEST ALONG SAID LINE, A DISTANCE OF 220.03 FEET TO A POINT OF INTERSECTION WITH THE ARC OF A NON-RADIAL CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 3011.28 FEET, AND CONCENTRIC WITH THE SAID CURVE HAVING A RADIUS OF 3014.28 FEET (THE RADIUS POINT BEARS SOUTH 03'32'08" WEST FROM THIS POINT); THENCE WESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 3011.28 FEET, THRU A CENTRAL ANGLE OF 02'55'27", AN ARC DISTANCE OF 153.68 FEET TO A NON-RADIAL LINE WHICH BEARS SOUTH 00'00'00" EAST THRU THE POINT OF BEGINNING; THENCE NORTH 00'00'00" WEST, ALONG SAID LINE, A DISTANCE OF 3.00 FEET TO THE POINT OF BEGINNING (THE RADIUS POINT OF SAID CURVE HAVING A RADIUS OF 3014.28 FEET BEARS SOUTH 00'36'39" WEST FROM THIS POINT), . t « t t . 4 Nol VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAI_ OF A FLORID~ LICENS;:O SURVEYOR AND MAPPER. \ ~--'--' ~-.J!X:J.~ . ~_\Ar, D. MORRIS o ESSIONAL. SURVEYOR AND MAPPER S ATE OF FI_ORIDA REG. NO. 4:.31 SEE SHEET 2 OF ;,: FOR SKETCH G - 'Z"ì ~ =( JOB No. B549 II B\': LJH B549SKOI-l.dwg 6-21-01 I CHECKED: JDM I F.B. - THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY OR MONU- MENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT- OF-WAY AND/OR EASEMENTS OF RECORD. 11,17,28 0"" EST SHEET 1 OF 2 PG. - I DATE: 06-21-01 f' 'w'. AGENDA REQUEST ...., ITEM NO. C -5C DATE: October 9, 2001 . REGULAR [ PUBLIC HEARING CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Savanna Club Property Owners' Association, Inc. License Agreement BACKGROUND: The Savanna Club Property Owners' Association requested that the County permit the Association to remove unwanted vegetation behind homes' located on Columbrina Circle, lying within the proposed Lennard Road Right- of-way. The proposed License Agreement requires a Vegetation Removal Permit, which will determine what vegetation can be removed and then only by hand tools. Burning is not permitted. FUNDS AVAIL. N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the attached License Agreement with Savanna Club Property Owners' Association, Inc. and authorize the Chairman to sign the agreement and record the agreement in the Public Records of St. Lucie County. COMMISSION ACTION: [ X] [ ] APPROVED OTHER: DENIED as Anderson Administrator ¡rJ,¡liv C'A..f ~h-v~ -"",-/ h4Tr",,6 1I¿ß8:fl7T)-- XX County Attorney: Jr ..:z:::t:.- Review and Approvals xx Public Works: /~ / XX Engineering: ~ Purchasing: XX Originating Dept. Leisure Services: Finance: (Check for Copy only, if applicable) E f f 5 ! 9 6 G:\ACQ\WP\DON\SAVANNA CLUB\License agreement agenda lO.9.01.wpd \ ~ HERMAN BAY . « ~ NAMO~~~~51 ; I JENSEN WEST " f E ., ,." L.i-'CI' o . ~ ;! .' -;::. ~UCJt " r,' )J'. ----.-:......., '- 3L '" , Il-\lf{lS _OJ 20 I'TJUT¡¡;:¡ '" HC _ _ ÇF "jjf-" c:=::::~~<-;: -I' II' PINEC~¡;;s.."f:;,: LA~ES':,: ,. ,1"';-\ -I ;! ,,";' ~.' ,t~ -j' ~.~..~f;) ,. . . ", " v,'¡~,:. ....., ~1. Savannålfclub / ,",/tLµ..tL ç ¿ ,Óh~ y Ic.f<,£/o,l' ._ ð / c /2j) f'f'17 SAVANNA CLUB PROPERTY OWNERS' ASSOCIATION, INC. 3492 Crabapple Drive Port 51. Lucie, FL 34952 (561) 340-1889 . Fax (561) 340-0522 . August 24,2001 ---. ,. . --_. -~--. '0 -''::l i ... ' ~ . , '1 2 7 ~~., C:U!.U Mr. Don Cole St. Lucie County Property Acquisitions Manager 2300 Virginia Avenue Ft. Pierce, FL 34982 :-,... --"'I. '-. . ',_ L. --.-----..- Dear Mr. Cole: This letter will confirm our conversation with reference to the clearing of unwanted vegetation behind the homes on Columbrina Circle. The Association is requesting an agreement be drawn between St. Lucie County and Savanna Club POA to remove or have removed unwanted vegetation from behind the homes located on Columbrina Circle. It is my understanding from Mr. Wazny after speaking with Mr. Mcintyre that this can be done and with the agreement would be included a thorough explanation as to what we can and can not remove. Should you have any questions regarding the above, please feel free to contact me, and thank you for your assistance in this matter. Yours truly, ())lá~ Carol Heintz Manager cc: R. Blatz/F. Erlandson/J. Frankenfield/J. Jeffrey/D. Morgan 7 C~ Ü / j lÞ ~ " 0( '-" ......, REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this _ day of . , 2001, by and between SAINT LUCIE COUNTY, a political subdivision ofthe State of Florida, (County) and . SAVANNA CL UB PROPERTY OWNER'S ASSOCIATION, INC., of3492 Crabapple Drive, Port St. Lucie, FL 34952 (Owners). WHEREAS, the Owners own property described as follows: SEE EXHIBIT" A" WHEREAS, the Owners wish to remove unwanted vegetation from behind the homes located on Columbrina Circle within the area described in EXHIBIT "B" attached; and WHICH, the County has agreed to authorize the removal of unwanted vegetation 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 pa<ties agm as follow", ~ 1. The County agrees to grant the Owners a Revocable License for the purpose of ~ 1-\ removal of unwanted vegetation within the County right-of-way as described in EX~ìT "B" attached which is abutting the Owners property at Owners' sole expense a liability. This license shall extend only to the above-referenced removal ofunwante vegetation/and 'hallno.' f extend to the construction and/or installation of any accessory structures. ~J ..,,' ~ 2. This license shall be binding on future successors and assignees ~Ôw ers provided that Owners give adequate notice to the County pursuant to Paragraph seven (7) of this Agreement. 3. The County shall have the right, at the sole discretion of the County Engineer, to .\.t ....." terminate this Agreement with or without cause and require immediate termination of all efforts utilized in the removal of unwanted vegetation upon written notice to the Owners. The County Engineer may, in lieu of termination, request that the Owners perform certain alterations to the removal of unwanted vegetation at the Owners' 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. 4. The removal of unwanted vegetation shall be completed in accordance with all applicable codes and zoning regulations of the County and shall be completed solely at the expense of the Owners. Owners shall obtain, at the Owners' sole expense, a "Vegetation Removal Permit" from Saint Lucie County prior to commencing any removal of vegetation. Owners, at Owners' sole expense and liability shall remove all trimmed or dead vegetation promptly from the site described in EXHIBIT "B". Owners' shall not allow any burning of trimmed or dead vegetation on this site. Owners' shall not enter upon or allow any damage to occur to any wetlands within the site described in EXHIBIT "B". 5. The Owners agree to allow County employees access to the location of the removal of unwanted vegetation for County purposes as determined by the County Engineer. 6. All removal of unwanted vegetation shall be completed by members of the Savanna Club Property Owner's Association with hand tools, no heavy equipment shall be permitted on this site. 7. 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, addressed to: '-' ...., As to County: With Copies to: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 County Attorney Administration Building Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Owners: Savanna Club Property Owner's Association, Inc. 3492 Crabapple Drive Port St. Lucie, FL 34952 St. Lucie County Administrator Administration Building Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 orto 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. 8. The Owners' 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 Owners' or their agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owner's use of the property. 9. Owners' shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. Owners shall pay any document excise taxes and the cost of recording. ........ ....., IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: BOARD OF COUNTY COMMISSIONERS BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: SAVANNA CLUB PROPERTY OWNER'S ASSOCIATION, INC. BY: ITS: STATE OF FLORIDA COUNTY OF SAINT LUCIE The foregoing instrument was acknowledged before the this day of , 2001, by and have 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 Name of Notary Public Typed, Printed or Stamped G:\ACQ\WP\DON\SA V ANNA CLUB\Licellse Agreement.frm \wi ...,,; EXHIBIT "A" LEGAL DESCRIPTION FOR SA VANNA CLUB WILL BE ADDED HERE . D:IDraWin¡¡SISurveYIO,133ldwgI0133.dw9, 011/08/2001 08:32:23 AM, SLCPWD - Engr. Div. _ DSA < EXHIBIT . I.....·. <. ".·..8.. .......'; ....i. ~.... '. .... '. i' ",,<, .-~. 4 -t QY 0,,)''' ":,,, q ~ q ~...,c.~o,CJ, ..>\.~& cic?~ ..... z '" .....¡ r 111m Z >r- I FT1 0 <0 Z :0 >0 UJ -I Z'" Z :J: Z >- > '" 0 (J) :::c C5 o· r-" 0 :r :Eç -; Z I - 0 'tIm 0 ." ço .....¡ ....0 ~ '" z'" J> :::c -< p!" 0 "'" UJ » z > C 0 c;¡ '" :;:c 0> < ..., 'i <./I I"l ". (H !O -< (H ~ "':. (H <0 . ~ ~ LOT 32 Ò C!, lOT 33 ~~~s 02' 20' 21" W '" > r-III -.... Z'" "'''' ..... -< 'tI,,~ "EE~5 >m Zo c;¡ozz", "'°0> œ"'· 0- Ne"..r-.O 011. c: . <II ..g¡I~"Crl sKiTëti ÄÑD LEGAL Df:sCRIPTION :1 BOARD OF COUN'Ï'Y COMMISSIONERS þ ?:a. ¡ SAINT LUCIE COUNTY, FLORIDA 0!1 ~I' OF 30 UCENSED AGHEEMENT .; PUBLIC WORKS DEPT., ENGINEERING DMSION. '" :=þ d ¡ SURVEY SECTION ."'~ ~~J.... ....... LENNA~ _~~~_. :1 ..~~ VI;¡.i;~~~...~~_?~~~ .~~A ~_. z ;-t U) ~ ,,·ií.iiiitYT'ïOOi:Tfööf'i . "ïfïf'V"(s(ö'N"s Rlf't'.QID.'IUUI.: ' ~ : OSA. 'omnoo1 MiC-"ö''', oJ J ø W G ..I ¡ .. -f"" \wi """" DESCRIPTION: LICENSED AGREEMENT LENNARD ROAD A PARCEL OF LAND LYING IN SECTION 25, T-36-S, R-40-E, ST. LUCIE COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE EASTERLY 30' FEET AND NORTHERLY 30' FEET OF THAT PORTION OF LENNARD ROAD BOUNDED .ON THE NORTH BY THE SOUTHWESTERLY EXTENSION OF THE NORTH LINE OF LOT 3, BLOCK 10 OF THE SAVANNA CLUB PLAT NO. TWO AS RECORDED IN PLAT BOOK 24, AT PAGE 15 AND BOUNDED ON THE EAST BY THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 33, BLOCK 10 OF SAVANNA CLUB PLAT NO. THREE AS RECORDED IN PLAT BOOK 28, AT PAGE 8. CERTIFICATE: I hereby certify that the sketch of legal description represented hereon, dated this ?7'7. day of 4~d"' , 2001, is true and correct to the best of my knowledge and elief, and meets the Minimum Technical Standards set forth by the Florida Board of Surveyors and Mappers in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.072 Florida Statutes. NOTE: NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER ~ ROFESSIONAL SURVEYOR AND MAPPER RONALD H. HARRIS STATE OF FLORIDA NO. 4198 SHEET 2 OF 2 - y '-'" .~ AGENDA REQUEST ITEM NO. c;- £ ¡J DATE: October 9, 2001 REGULAR [ PUBLIC HEARING CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Environmental Consulting Services: Phase I - Environmental Assessment and Wetland Delineation¡ Phase II - Environmental Assessment BACKGROUND: Please see attached memorandum. FUNDS AVAIL. N/A PREVIOUS ACTION: N/A RECOMMENDATION: The Review Committee recommends that the Board direct the County Attorney to negotiate contracts for Phase I Environmental Assessment and Wetland Delineation with four (4) Respondents: Ardaman & Associates, R. L. Weigt Environmental, B.S.E. Consultants, Inc. and Kimley-Horn and Associates. The Committee also recommends that the Board direct the County Attorney to negotiate contracts for Phase II Environmental Assessment with two (2) Respondents: Ardaman & Associates and URS. COMMISSION ACTION: [X [ APPROVED OTHER: DENIED 9 sAnderson ty Administrator XX County Attorney: ~ ~ Review and Approvals xx Management & BUd9~ , Purchasing, æ XX Originating Dept. Community Dev. Leisure Services: Finance, (Check for Copy only, if applicable) E f f 5 / 9 6 G: \ACQ\WP\DON\RF? Phase 1 &. 2 agenda. '...pd \..I ..-..1 PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: October 9, 2001 SUBJECT: Environmental Consulting Services: Phase I - Environmental Assessment and Wetland Delineation¡ Phase II - Environmental Assessment ----------------------------------------------------------------- ----------------------------------------------------------------- On July 11, 1995, the Board approved contracts with B.S.E. Consultants, Inc. and R.L. Weigt Environmental Consultants, Inc. for Phase I Environmental Assessments and Wetland Delineation services. On the same day, the Board approved contracts with Ardaman & Associates, Inc. and Dames & Moore, Inc. for Environmental Phase II services. These contracts and all extensions have now expired. The Phase I Assessments are utilized by several County departments to provide the County with an opinion of the condition and identification of potential environmental liabilities on County owned property and/or property that the County proposes to purchase. In addition, these services are utilized to identify any wetlands within the subject property. Phase II Assessments identify the type and degree of contamination pre-identified by the Phase I Assessment or other related information. On June 8, 2001 the County sent out RFP's for Phase I, with Wetland Delineation and Phase II Environmental Assessments. The County received seventeen (17) responses for the Phase I and fifteen (15) responses for the Phase II. A Review Committee made up of seven (7) County staff members was established. On August 30, 2001 the Review Committee met to rank all the respondents and provide a '-' ..-...1 recommendations to the Board. All of the Respondents to the RFP were given high points for "Ability to Perform" and "Understanding of RFP requirements". The recommendations of the Review Committee were ultimately decided by "Location" and "Previous Work" with St. Lucie County. With regards to the Phase I Ardaman & Associates, R. L. Weigt, Kimley-Horn and Associates and B.S.E. Consultants, Inc. have positive previous work experience wi th St. Lucie County. The only respondent located within St. Lucie County is Ardaman & Associates. With regards to the Phase II, again all respondents were again given high points for "Ability to Perform" and "Understanding of the RFP requirements". Both Ardaman & Associates and URS (URS purchased Dames & Moore) have previous experience with St. Lucie County. RECOMMENDATION: The Review Committee recommends that the Board direct the County Attorney to negotiate contracts for Phase I Environmental Assessment and Wetland Delineation with four (4) Respondents: Ardaman & Associates, R. L. Weigt Environmental, B. S. E. Consultants, Inc. and Kimley-Horn and Associates. The Committee also recommends that the Board direct the County Attorney to negotiate contracts for a Phase II Environmental Assessment with two (2) Respondents: Ardaman & Associates and URS. Respectfully Submitted: ~~-:T~ Donald G. Cole Property Acquisition Manager G,\ACQ\WP\DON\RFP Phase 1 S< 2 agenda memo.wpd '-"' '-' AUGUST 30, 2001 RFP 01-059 - PHASE I ENVIRONMENTAL ASSESSMENT AND WETLAND DELINEATION PROFESSIONAL SERVICES NAME DEPARTMENT VOTE Don Cole Property Acquisition Manager R. L. Weigt B.S.E. Ardaman & Associates Kimley-Horn and Associates Ron Harris County Surveyor Ardaman & Associates 8.S.E. Kimley-Horn and Associates R. L. Weigt Steve Fousek Environmental Land Specialist Ardaman & Associates B.S.E. Kimley-Horn and Associates R. L. Weigt Dino DeRostaing Purchasing B.S.E. R. L. Weigt URS Ardaman & Associates Jason Bessey Solid Waste R. L. Weigt Ardaman & Associates PSI Kimley-Horn and Associates Victoria Winfield Assistant County Attorney Ardaman & Associates R. L. Weigt URS Kimley-Horn and Associates/ B.S.E. (had the same score) Michael Harvey Engineering Ardaman & Associates R. L. Weigt Kimley-Horn and Associates B.S.E./Environmental Consulting (had the same score) t c . f I G:\ACQ\WP\DON\MEMO\RFP Environmental Phase 1 & 2 committeeWoting Phase I.wpd - '-'" >..",I AUGUST 30, 2001 RFP 01-060 - PHASE II ENVIRONMENTAL ASSESSMENT AND WETLAND DELINEATION PROFESSIONAL SERVICES NAME DEPARTMENT VOTE Ron Harris County Surveyor URS Ardaman & Associates Don Cole Property Acquisition Manager URS Ardaman & Associates Dino DeRostaing Purchasing URS Ardaman & Associates Victoria Winfield Assistant County Attorney Ardaman & Associates URS Jason Bessey Solid Waste Ardaman & Associates PSI Steve Fousek Environmental Land Specialist Ardaman & Associates PSI Michael Harvey Engineering Ardaman & Associates PSI t . G: \ACQ\ WP\DON\MEMO\RFP Environmental Phase 1 & 2 committeeWoting Phase II.wpd ......." AGENDA REQUEST -..,,; ITEM NO. C. ~5 £ DATE: 'October 9, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Countv Attomev Donald G. Cole Property Acquisition Manager SUBJECT: Revocable License Agreement - Silva/Kline Indian River Drive Right-of-Way BACKGROUND: Judith A. Kline and Janice E. Silva own property on the east and the west side ofIndian River Drive. They wish to install utilities to their dock and boat lift on the east side of Indian River Drive therefore are requesting permission (Revocable License Agreement) to install a utility conduit underneath Indian River Drive. The County Engineer has reviewed and approved the location and the attached Revocable License Agreement. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Staffrecommends that the Board approve the Revocable License Agreement with Janice E. Silva and Judith A. Kline authorize the Chairman to execute the agreement and direct Janice E. Silva and Judith A. Kline to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [x] APPROVED [] DENIED [ ] OTHER: [X] County Attorney, ,;4 Review and Approvals [X] Originating Dept, :::z:::;> r [ ]Management & Budget, [X] Engineering, r¥- [X] Public work~ [¡Finance, (check for copy only, if applicablel Effective 5/96 G,\ACQ\WP\Janet\Agenda\SilvaKline Agenda.wpd · .Juno e-mail tor JUDYKLINE2@juno.comprinted on rnctaiAugust U3, 2~U L 4:57PM ~ 'wi Date: August 3, 2001 To: Donald Cole Proþerty Aquisition Division St. Lucie County From: Janice E. Silva and Judith A. Kline Reference property located at: 8907 S. Indian River Drive Ft. Pierce, Fl. 34982 Tax1DNo.35190300010003 Notice of violation #9524 We would like to request permission and a license agreement from you to install 2 each 3 inch pvc pipes under the road for utilities to be installed for future dock and boat lift. The work zone will be a minimum of 15 feet from road edge. I have attached a sketch showing location of pipes for you review. If you require additional information, please contact me at 561-344-0951 -11'L - 01 0 '2. Thank you, Janice E. Silva /1 / - /J - ( /j J-c-."¡;;;' iY'"""--- / ~"- ~;;.--~ /. // ,,/ ,. cf' ¡:'J ~ © ~ ~. ~'; ~ ¡,il ----..--- -.------ ;¡ '. ,- - 6 200\ " 1 of I" ., ~ ~ 2~.2 «'-", oJ' "Ò~ H ... <:1)." '4 "", ,. ~ 6' ItOOO f1.NC£ ON UHf: " ~ ~:3 Q ~ <.Of(r .:¿ EJ1. -3" ¡:VI! I",I'E ~ --- .')Þ - _ _ Wo/ZK 1 IM.IEA -MIN'/5 R" "'.<0'1 I!.ð~" ED6-€: a/.J ið.n/ $,/)£.< NOlES I. MOT VAUD .. WriHour THE SIGH..\TURE ANt) mE ORIGIl'W,. RAISED SEAl OF' ... FLORIDA UCENSED SUFM:mR AAO MAPPER ADDmoHS OR OEl£TJm~s TO ntE SUfi'\ÆY WP BY (}T} [R' THAN THE StC""NG PMN IS PROt-uerrm 2.. I..-NOS SH(1*N HEREON WERE NOT ABS'T1W:TID rnR RfCHTS-Or-WAY, EAS(UENT'S OF RECono OR OWNERSItIP. TItERE MAY BE ""omoHA!. EASE""EHT'S OR RICKTS-<JF"-WA,( 'O-IAT OONï 5HOW UP ON mE RECORD PlAT J, l£C,It D£SCRIPT10N WAS PR(MOE.D BY CUEN1 4, UHD£.ftGRQUNO fOUN~TIONS. lJT1unES. ROCf' O'ÆRJ-W.IGS ...,...0 CNÐmuo WIRES ~ HOT 1..OCATED S. ACCORDING 1"0 NATIONAl F\.OOO INSURANCE. UN' No, !2Oð1C02S4 THIS lOT rAU.S IN FLOOD ZONE X 6. THE PURPOSE or nllS SURVEY IS reR OBTAINING F'1~NG .AND HOT fOR CONsn:tUCOON 7. BEARINCS SHOWtI ARE -'5SUIoIED BA.SED ON 11 PLAT B[..AAIWJ Of' Nð7SO'15'"E fOR mE HORTH UHf: OF' THE PLAT SCALE 1"-30' T1x .1...0, ,1..10. 35"/903 OðO I ðOO 3 LEGAL DESCRlPT10N LOT I AND THE NORTH 40 FEET OF LOT 2. REVISED PLAT OF SAEGŒ PLACE ACCORDING TO THE PLA T THtREOF RECORDED IN PLA T BOOK 7 PAGE: 2' OF THE: PUBLIC RECORDS OF sr. LUCIE COUNTY, FLORIDA. LEGEND - 10 - IDENTlF1CA nON - CONC. = CONCRF:Æ - SET IRON ROO _ SET /4 IRON ROD WfT1-l CAP PLS J477 - t - CENTeRUNE - M = MEASURED - P - PLAT - ð = DELTA - MON. - MONUMENT - mr. MON. = WITNESS MONUMENT - BLDG. = BUILDING - PK= PARKER KAtON . - AC- AIR CONDITIONER - PC = PO/NT OF CURVA nJRE - F.E.C.= FLORIDA E:AST COAST ADDRESS: 8907 soum INDIAN RIVER DRIVE FORT PIERCE. FI. OR/DA I HfMIn' CERTIFY TJt,I,r THCS SURY('r "'l~ m[ W!N.WUW rtCHHICAl STNÐAAD1 AS scr "","j Err TH[ f'tD"!04. QOI.RO or ~(Al S~ k~ '" CHAPT~ IJreI7-I. f1.~IOA ~11«STAA!'M: CDOC. P\JRSI,.W(I TO S[Ç1lQH 412.021. f1.DftIDA STATVTt:5. FLOOD ZONE /'. /-)/./;J _1_ ¿~ CAAL V( SHAY PHon~S51011.'\l LAN SURVE'rOR '..H 77 ST,.\Tt: OF FlO~IDA x CERTlRED TO: JUDITH A. KLINE JANICE E. Sit VA FIDELITY FEDERAL SAVINGS B-WK. ITS' SUCCE.SSO"~ AND/OR ASSIGNS AMERICAN PIONEER !lTt< INSURANCE COMPANY D/B/A CHEtSEA !lTLE SHEU 2 01 2 MAP or SUR'1<£Y BOUNDARY SURVEY for: JUDITH A. KLiNE JANICE E. Sit VA SURVf'Y DATE , -9-99 f I( LÐ UOOK B68/21 JOO 1 9307 if CARL DESHAY, PLS PROFESSIONAL LANO SURVEYOR 13477 976 19 TH PlACE S.W. VERO Bú\CH, FLORIDA 32962 PHONE (561) 562-B15J '-'" '-" ENGINEERING DIVISION MEMORANDUM 01-288 TO: FROM: Don Cole, Property Acquisitions Manager Don West, County Engineey~~ \ October 1, 2001 DATE: SUBJECT: License Agreement for Janice Silva 8907 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 license agreement. The Right-of-Way Permit will detail the technical specifications and requirements for installation and/or replacement of the conduit pipe. Thank you for your assistance. CBW:lb cc: StUI''''' Berner. RNII Permitting Agent rmrUJ ,_- Ii, OCT - I 2001 l J PROPERTY t,CQJIS!T:~' ¡ _ ___J ·, '" ~ 28.1 0",<" "'0- '1')- ..p~o ...-'" "<" ,. ~ 6' ~O fTNŒ ON U~ .. ~ "'-~ ~ ~ (;0\" .9.~ At!! 1"11'" ~ --- .')10- _ _ 1 t<JollYC fll2J~1'¡ -/'fIN.IS ¡::r """''1 K.d~" E:Dtr=: ot..J /ðo';/ J¡l>~.< NOTES L NOT V,AUD Vr'I'fHO!JT THE SIGHA.TURE AN{) mE ORIGfNAl RAISED SEAJ., OF A F1.ORIOA UC£NSED SUFNEYOR AHD W,PPER ADOrooNS OR DEJ.£T1ONS TO THE SURVEY w.p fN OTHER nwf THE S1(';HIHG PAArY IS PROtiIBrrm 2. !.).NOS SHCNrn HE1'1E"ON wmE HOT ~R'CTED F'OR RIGHTS-Dr-WAY'. EASOIEN'1:> OF RECO"D OR OWNERSHIP. m~E w..,.. BE .ADomOHAl (A5[LlOfT'S OR RIGHTS-QF'_W),Y 1HAiT DONi SHOw UP ON mE ~ECDRD PlAT J. LEGAL OCSC.UPTlON W~ PRO'v'!OED 8'r' CUUlT 4. UNOf:,RGftOUHD rouN[)o\nOHS, VT1tJTIES. ROOf ~ -'ND ~II[)J) VI'1RES WERE NOT lOCATED 5. ACCORDING TO ,,"TlOf'W.. n.OOD INSU~ÇE IotAP No. t2061C02'H THIS LOT rAlLS IN flOOD ZONE )( 6. mE ÞURPOSE or TIllS SURVEY !S F'OR OB'T.tJNIHC mWlClN<i' ..-ND fofOT FUR CONSTROCT1ON 7. 8ENUHCS SHO'NN AAE ASSUMm ß.\SED ON A PLAT ÐEMING or Nð9"SO"S-E FOR TIlE NORTH UN£. OF THf.: PLAT SCALE 1'-30' T1x L" '0 3C"j "'0 3 O()O i 0003 .IJ, ,\.;, J / LEGAL DESCR1PT1ON LOT I AND THE NORTH 40 FEET OF LOT 2, REVISED PLAT OF SAEGER PLACE ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOOK 7 PAGE 2 I OF THE PUBLIC RECORDS OF sr. LUCIE COUNTY, FLORIDA. lEGEND - 10 - 10F:NT/FlCA nON CONC. = CONCRETE: - SIT IRON ROO = SIT 14 IRON ROO WITH CAP PLS 3477 - t = GtNrERL/NE - M = MEASURED - P - PlAT - ó = DELTA - MON. - MONUMurr - 117T. MON. = II'!1NESS MONUMENT - BLDG. = BUILDING - PK= PARKER KAWN , - AC- AIR CONDmONER - PC = POINT OF CURYA TURE - F.E.C.= FlORIDA EAST COAST . ADDRESS: 8907 soum INOWl RIVER DRIVE FORT PIERCE. FlORIDA I HQf(BY Cll'l11n "PoT THIS 5\JR'o'[l' wr,m m( "'NIWUW TtCHNIC'<l ~moNtD'!'; I>S ~ roA'T1I ITT W( n.oAt{M OOAAO or ~w. <;.U~ '" UAM'UtS IN CHAPT[R (lIC17_8. J't0A1OA j.o.cmlSTAAT1\'t coot. PURSl.W<ol TO S(~ 472.021. f1..OR1{Y. STAIVTt.S. FLOOD ZONE /'. ///-~/ __1_- c~~ CARL lìE '::HAY PP.OFJ~S510WIJ.. LAN SUR\IE)'OR STATE or FlO~IDA 13477 x CERTlRED TO: JUDITH A KUNE JANICE E. SIL VA FlOEUrr n:DERAL SAVINGS BANK. ITS' SUCCESSO/ij AND/OR ASSIGNS AMERICAN PIONŒR nTLE INSURANCE COMPANY D/B/A CHELSEA nTLE SHEET 2 of 2 UN" or SUR'1I[Y SURV(Y OAT( f 1-9-99 n[LD 0001< 868/2' JOll ! 9307 T CAR.. DESHA Y. PLS PROFESSIONAL LANO SURVEYOR H 3477 976 19 TK PLACE S.W. VERO BEACK. FLORIDA 32962 PKONE (561) 562-8153 BOUNDARY SURVEY for: JUOITH A KLINE JANICE E. SIL VA \ ,. H 29 28 ... .. .. OJ < ... .. .. ... Cj t: E ~ t: t: t: t: f: ~ i; i: t: i: t: i: i; t; ~ Ii. ~ It ~f a I · · I · I · I I I TWP. 3~..tRNG. 41E. SOUTHWEST QUADRANT ST. LUCIE COUNTY, FLORIDA o I MILES I ~ORTHEAST QUADRANT OF I o SEE PAOE S5 eeo 1:1.20 1980 ~...AJiI\ 26"'0 I FEET I ð280 TWP. 36S.-RNG. 41E. : N ... \ 0 .. flLU. ~ ... ci '" z '7 ~11=lL0 I .,; 74 AC. ... ... ":, 3= ,... ~ ~ ~ \\\ ~ \\ ~ 1 Z '!' .,; ... ... ,,: 3: ,... 20 21 ~ ¿. ~ ....... -.................. __..................... 0&..................... ......__........... ....... __....... J414-~I~I-OOOIS 16õAC. TJJ.T,f. --"':-- J~14-SOI~I-COO¡6 160Ac. ,... z < II: Q < :> a "'//"'sY/l:úóf.r/,//" ////////// COUNTY SCHOOL BOARD 3'''-501-3003/0 65.6"6Aë. ~ ~ ~ 33 ~ ¿. ~ ,... '" < w :: ,... :> o '" TWP. 37S.-RNG. 41£. ' , , TWP. 37S.-RNG 41E_ , @ 19i~. rwtrO.to P\.Þ. rs SEE PAaE 12 56 '-' -...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 ,2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and JUDITH A. AND JANICE E SILVA of 8907 South Indian River Drive, Fort Pierce FL 34982, (the "Owner"). WHEREAS, the Owner owns the property described as follows: Location: 8907 South Indian River Dr. LOT 1 AND THE NORTH 40 FEET OF LOT 2, REVISED PLAT OF SAEGER PLACE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7PAGE21 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. TAX I.D.3519-503-0001-0003 WHEREAS, the Owner, desires to install utility services to a future dock and boat lift lying on the East side of South Indian River Drive Right-of-Way within a conduit which will encroach the entire width of South Indian River Drive WHEREAS, the County is willing to permit the Owner to use South Indian River Drive Right-of -Way, to install and maintain a utility crossing for the dock and boat lift 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: I. The County agrees to grant the Owner a limited license for the purpose of providing electric and water (within two (2) PVC conduits 3 inches each) to a dock and boat lift lying on the East side of South Indian River Drive as indicated in the attached sketch hereto and incorporated herein as Exhibit "A". The utility crossing will encroach the entire width of South Indian River Drive, St. Lucie County, Florida. This license shall extend only to the above-referenced utility crossing and shall not extend to the constmction and/or installation of any additional stmctures or utilities. 2. The sole purpose of this license is to allow the Owner a means of providing utility service between his property on the West side of South Indian River Drive and their dock and boat lift on the East side ofIndian River Drive. 3. Pursuant to the tenus and conditions contained in this Agreement, the County authorizes the Owner to install and maintain two (2) conduits 3 inches each containing electric and water services crossing under Indian River Drive to adequately provide utility service between the related facilities. 4. The Owner is required to install the utility crossing in accordance with Standard Specifications for Public Works Constmction in St. Lucie County, Florida, and FDOT Standards, together with a Maintenance of Traffic Plan for approval prior to constmction and provide notice to the County Engineer with a schedule for constmction. 5. This license shaIl 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 '-t '-..",/ 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 utility services ( two (2) PVC conduits 3 inches each) to the dock and boat lift 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 of the utility improvements, the expiration of this 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 services (two (2) PVC conduits 3 inches each) to the dock and boat lift 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 ofthe Owner. Any maintenance activity will be subject to the written approval ofthe . '-" ......1 County Engineer. 11. The Owners agree to allow County employees access to the location of the utility service crossing (two (2) PVC conduits 3 inches each) 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: As to County: With Copies to: County Engineer Engineering Division 2300 Virginia Avenue, 2rd Floor Fort Pierce, FL 34982 County Attorney Administration Building Annex 2300 Virginia Avenue, 3rd Floor Fort. Pierce, FL 34982 As to Owner: Janice E. Silva Judith A. Kline 8907 S. Indian River Drive Fort Pierce, Fl 34982-7823 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 deli vered ifby personal deli very, (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 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 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 license 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: BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK BY: CHAIRMAN 4 APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY · .\w' 'wi WITNESS: JANICE E. SIL VA Witness (print name) JUDITH A. KLINE Witness (print name) STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before the this _ day of ,2001, by JUDITH A KLINE and JANICE E. SILVA 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 Name of Notary Public Typed, Printed or Stamped My Commission Expires "" '-" AGENDA REOUEST '.." ITEM NO. C-5.F DATE: October 9,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] . ~ TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney ~ . SUBJECT: B & E Houck Enterprises, Inc. - First Addendum to Sublease Agreement with Mirabella Yachts, Inc. f BACKGROUND: See attached memorandum CA 01-2274 PREVIOUS ACTION: On June 5, 2001, the Board of County Commissioners approved the sublease agreement between B & E Houck Enterprises, Inc. and Mirabella Yachts, Inc. FUNDS A V AILABLE: N/ A ~ RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed First Addendum to the sublease agreement between B & E Houck Enterprises, Inc., and Mirabella Yachts, Inc., and authorize the chairman to sign the addendum. oj COMMISSION ACTION: -4 [XJ APPROVED [] DENIED [ ] OTHER: . County Attorney: ,/J'/ Originating De1JVprr) (ffJ Finance: (Check for Copy only, if applicable): _ Review and Approvals Management & Budget: Purchasing: Other: Other: , - .. - ~ '-" ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA . TO: Board of County Commissioners ~ FROM: Heather Young, Assistant County Attorney C.A. NO: 01-2274 DATE: October 1,2001 SUBJECT: B & E Houck Enterprises, Inc. - First Addendum to Sublease Agreement with Mirabella Yachts, Inc. BACKGROUND: {' Attached to this memorandum is a copy of the proposed First Addendum to the sublease agreement between B & E Houck Enterprises, Inc. and Mirabella Yachts, Inc. The addendum provides for a July 16,2001 commencement date for the initial term of the sublease. The sublease approved by the Board of County Commissioners on June 5, 2001 provided for the initial term of the sublease to commence on the fifth day after Mirabella received written notification from Houck that the County had issued a Certificate of Occupancy for the hangar to be built under the sublease. The sublease further provided for the parties to execute an addendum setting forth the commencement date once determined as provided in the sublease. The proposed addendum satisfies that requirement. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed First Addendum to the sublease agreement between B & E Houck Enterprises, Inc., and Mirabella Yachts, Inc., and authorize the chairman to sign the addendum. Respectfully submitted, ~~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Airport Director - -- ... ~.... , ~ ....., FIRST ADDENDUM TO SUBLEASE AGREEMENT THIS FIRST ADDENDUM TO SUBLEASE AGREEMENT ("First Addendum") is made and entered into as of December 11,2000, amending that certain Sublease Agreement dated October 24, 2000, · . by: B & E HOUCK ENTERPRISES, INC., a Florida corporation ("Sub landlord"), and: MIRABELLA YACHTS, INC., a Delaware corporation ("Subtenant"). WITNESSETH: ~ In consideration of the mutual promises and covenants herein contained, the receipt and adequacy of which is(þerebY acknowledged, Sublandlord and Subtenant agree as follows: 1. All capitalized terms not defmed herein shall have the same meaning as ascribed in the Sublease Agreement dated October 24, 2000. To the extent not modified hereby, the Sublease Agreement is hereby ratifìed and confìmled by the parties and shall remain in full force and effect. All tenns of tlùs First Addendum shall control over any conflicting temlS in the Sublease Agreement and any Exhibits thereto. The term "Sublease Agreement" shall include this First Addendum. 2. The Commencement Date ofthe Initial Term of this Sublease Agreement is July 16, 1 ~ 2001. · SUBLANDLORD: SUBTENANT: · B & E Houck Enterprises, Inc., a Florida corporation BY:£~~ Name: fi. '¿~¡/,I; / Hdú c.Æ Title: J€' C Mirabella Yachts, Inc., a Delaware co ration By: Name: Title: Approved By: ST. LUCIE COUNTY AIRPORT AUTHORlTY, a special taxing district By: Name: Title: FIRST ADDENDUM TO SUBLEASE AGREEMENT HANGAR LEASE ADDENDUM. DOC/DaD 15634.00004 Page 1 ,-r--, '-' AGENDA REQUEST ITEM~O. 4 DATE: October 9, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Non-Exclusive Agreement Extension with R&R Corporate Systems, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Extension and authorize the Chairman to sign the Extension. [x] APPROVED [ ] DENIED [ ] OTHER: - COMMISSION ACTION: ß- Review and Approvals County Attorney, Management & Budget Purchasing: Originat ing 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. 01-2305 DATE: October 2, 2001 SUBJECT: Non-Exclusive Agreement Extension with R&R Corporate Systems, Inc. ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROU'D: On October 1, 1999, the County entered into a Non-Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Agreement with the referenced Hauler to provide certain collection service for solid waste and recyclable materials on a non-exclusive basis through September 30, 2000. The Agreement waS previously extended for one (1) year through September 30, 2001. The County now wishes to further extend the term of the Agreement for an additional term through and il1'cluding September 30, 2002 on the same terms and conditions. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Extension and authorize the Chairman to sign the Extensions. Respectfully submitted, DSM/ caf Attachments · '-' ..., EXTENSION NON-EXCLUSIVE COMMERCIAL SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICE AGREEMENT THIS EXTENSION, is made this day of , 2000, between ST. LUCIE COUNTY, a po11tical subd1v1s10n of the State of Florida (the "County"), and R&:R Janitorial Systems, Inc. d/b/a Capital Sanitation or his, its or their successors, executors, administrators, and assigns (the "Hauler"): WITNESSETH: WHEREAS, on October 1, 2000, the parties entered into a Non- Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Aåreement (the "Non-Exclusive Agreement") whereby the County authorize the Hauler to provide certain collection service for solid waste and recyclable materials on a non-exclusive basis through and including September 30, 2001; and WHEREAS, the County has agreed to extend the term of the Non- Exclusive Agreement for an additional term through and including September 30, 2002 on the same terms and conditions. NOW, THEREPORE, in consideration of the mutual promises contained herein, the Non-Exclusive Agreement is hereby extended through and including September 30, 2002. Except as extended herein, the remaining terms and conditions of the Non-Exclusive Agreement shall remain in full force and effect. IN WITNESS WHEREOP, the County has hereunto subscribed and the Hauler has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OP COUNTY COMMISSIONERS ST. LUCIE COUNTY, PLORIDA By: CHAIRMAN CLERK APPROVED AS TO PORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: R&:R Janitorial Systems, Inc. d/b/a Capital Sanitation :::nt tç¿!f6QbY Title: President H:\Non Exclusive\NonExExtOl.wpd ~~ \.i "'" NOTARY PUBLIC STATE OF FLORIDA, COUNTY OF LEON. BEFORE ME, the undersigned authority, on this 19th day of September, 2001, personally appeared Ron Rigby and Rose Rigby who are personalI known to me and states that the foregoing Extension Non-Exclusive Commercial Waste and Rec lable Materials Collection Service Agreement is true and correct to the best of his /her knowled e. ...\-:;.:.:::.¡;..... VELRANEE C. PYE-MCKENZI~ f~' ~~ MY COMMISSION # CC 798750 : - EXPIRES: December 21, 2002 Bonded illru NoIaIy Public Undorwnters /.2/.2.I}O;;J.-. { ~ AGENDA REQUEST ....,¡ ITEM NO. CS/4 DATE: October 9, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUN1Y COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Heathcote Botanical Gardens - Addition - Application for Conditional Use BACKGROUND: See attached memorandum FUNDS AVAILABLE: 1 , PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the application and authorize the County Administrator to sign the application. ~] APPROVED [ ] DENIED [ ] OTHER: - COMMISSION ACTION: ouglas Anderson County Administrator '~" "'0=." fir ".=:::::~ :~' Originating Dept. Parks/Rec. Dir,~ 'Il Finance, (Check for Copy only, if applicable) Purchasing, 'J1-- Prop. Acq. Mgr., ..?L!- Eff. 5/96 ,-,. ....,.¡ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2329 DATE: October 4, 2001 SUBJECT: Heathcote Botanical Gardens - Addition - Application for Conditional Use =================================================================================== BACKGROUND: On October 30, 2000, the County acquired the Tradewinds Mobile Home Park adjacent to Heathcote Botanical Gardens. The acquisition was jointly funded by the County and the , ! City of Fort Pierce. On November 14, 2000, the County leased the mobile home park to Heathcote Botanical Gardens, Inc. ("HBGI"). HBGI agreed to operate and maintain the mobile home park on a transitional basis until the mobile home tenants relocated. Approximately 5 tenants remain in the park. Letters will be sent to these remaining tenants requesting that they relocate by AprilU, 2002. HBGI would like to apply to the City of Fort Pierce for a conditional use to use the mobile home park property to expand the gardens. Attached to this memorandum is a copy of an Application for Conditional Use prepared by HBGI. Since the County is the owner of the property, the County is required to sign the application. '-' ....,¡ RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the application and authorize the County Administrator to sign the Application. Respectfully submitted, DSM/caf Attachment , f '-' ...",¡ . / . /'. 83/2001 /P; 26 ·-01 5. 1. 8. 10:19 5614621440 GOU 10:00A ~t P1erce Pl~"r.1n9 \,;11 1 Ut' t-UK 1 ....'I:K\,;t: OEPARTMENT OF DEVELOPMENT P.O. BOX 1480 - 100 NORTH U.S. #1 FORT PIERCE, FLORIDA 34954 (581) 460-2200 p",';,E 03/06 P.Ol APPLICA rlON FOR CONDITIONAL USE (Items 1·6 must be completed - P/oase type or Use black ink) 1. legal description of rear property In the City of Fort Pierce, Florida, for which Conditional Use approval Is requested, (INCLUDe TAX I.D. NO.) Tax 1.0. # 2422-133-0002-000/5 _ Abridged, Part of Section 22, Township 35 South, Range 40 ~~st, ~ Lucie County. Florida. ~ -.--- ------.-- 2. 3. 4. Size of described property 3 . 35 A c. (70. [] 0 0 s q :(t.) ___._ Zoning district of described property: B - 4 __._ Conditional Use fØClUfttld.for described property: Expansio[LJ1Í____ Heathcote Botanical Gardens. Inc.. a 501((;)3 nW):..p.¡:Qfit ..corr. ____._ 4 ~~ --- Re8son(s) for Conditional Use: __ To add to Heathcot e I s ..ijilIJie.a.s...____ J. ------- Name of Owner(s): PINS. Print St. L u c i e Co u n t y Signature of Own.r: Mailing Address: 2300 Virginia Av., Ft. Pierce. Fl. 34982 STREFT NAME AND NUMeER -- . Ft. Pierce, CITY Florida STAn: 34982 ZJltcooe 462::UOO PHONE NO. Name of Applicant (If Signature of Appllcan Mailing Address: 2 fro~ ~: Please Print He athcote Bota ni.ca 1 Gaz:..d..e.o.s, '~l~~~a H MOOI'fij--V.4-s~ Sa vannah Rd., Ft. Pierce, Fl. 34982 r . '''''!I'T 1llAMf¡ AND HUM81!A --- Inc . Ft. Pierce, CITY Florida irATI! 34982 464-4672 PHONI! '"'0 ZIP co/)~ Name of Representative: _ -,----- Mailing Addr8sa: --- STP.lŒf HA" AND t4VM9tA çny T irATI! Z11' C:Ot'E PHOftt NO. ~ --.:. =-- ::-- TO BB COMPLETED BY CITY Date Rec::eiv.d .... Paid: $ By_ Race1pt No. -- ~ /" To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: W APPROVED D OTHER County Attorney Originating Dept.: Finance: '-' ....,; Agenda Request Item Number C-6 Date: October 9,2001 Consent Regular Public Hearing Leg. [ ] [ X ] [ ] [ ] Quasi-JD [ Board of County Commissioners Community Development Consider Resolution 01-227 in support of City of Fort Pierce and unincorporated St. Lucie County residents in nominating the North Fort Pierce area as a federal Weed and Seed Site and a Front Porch Florida Community. Neighborhoods in the northern Fort Pierce area, including portions of the Sheraton Plaza area, have become blighted resulting in unsafe residential communities with poor reputations for what were one historically proud and productive parts of the community. High crime rates and drug dealing have been identified by the community as the root causes for neighborhood decline. The City of Fort Pierce has been actively implementing recommendations from a neighborhood charrette to clean up blighted areas, demolish unsafe buildings and has invested approximately $4.5 million in new infrastructure along Avenue D including the new Willie D. Ellis Police Substation. For the past eight months two separate groups with overlapping membership have been meeting regularly to work with City and County officials to develop strategies to rid these areas of drugs and empower residents to take back control in order to return these neighborhoods to a type of community where residents can safely live, work and play. . The request is to support these two groups, the Weed and Seed steering committee and Lincoln Park Business Association, in applying for federal designation as a Weed and Seed Site from the U.S. Department of Justice and as a Front Porch Florida Community from the Executive Office of the Governor. Receipt of these designations will provide state and federal resources to help residents, businesses and law enforcement in meeting their written goals and objectives to empower the residents and take back their neighborhoods. t NA NA Staff recommends the approval of the attached resolution. D DENIED CONCURRENCE: Coordination/Signatures Mgt. & Budget: Other: Purchasing: Other: '-' """'" COMMISSION REVIEW: October 9, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Economic Development Division MEMORANDUM TO: Board of County Commissioners FROM: Dennis Murphy, Interim Community Development Director DATE: October 3, 2001 SUBJECT: Consider Resolution 01-227 In Support of Nominating the North Fort Pierce Area As a Federal Weed and Seed Site and Front Porch Florida Community Designation Neighborhoods in the northern portion of Fort Pierce, including portions of the Sheraton Plaza area in the unincorporated county, have become blighted, resulting in unsafe residential communities with poor reputations for what were once historically proud and productive parts of the community. High crime rates, including homicide, drug dealing, and "crack houses", have been identified by the community as the root causes for neighborhood decline. The City of Fort Pierce has been actively implementing recommendations from a neighborhood charrette to clean up blighted areas, demolish unsafe buildings, and has invested approximately $4.5 million in new infrastructure along Avenue D including the new Willie D. Ellis Police Substation. For the past eight months two separate groups with overlapping membership have been meeting regularly to work with the city and county officials to develop strategies to rid these areas of drugs and empower the residents to take back control in order to return these neighborhoods to a type of community where residents can safely live, work and play. The U.S. Attorney's Office, in conjunction with Ft. Pierce Police Chief Savage, Sheriff Mascara and Indian River Community College, organized a meeting last March to discuss the possibility of applying for 'Weed and Seed" designation from the Office of Weed and Seed in the U.S. Department of Justice. Weed and Seed initially focuses on "weeding out" the bad elements in the neighborhood through collaborative law enforcement and prosecution efforts, followed by "seeding" activities that implement social, economic and infrastructure needs identified in the Weed and Seed Strategic Plan. Beginning inn April, community meetings were held biweekly and then monthly to formulate strategies, update neighborhood problems and needs, and identify community participants. An interim steering committee was formed that included all local aw enforcement agencies, local government, businesses, and residents from the community. The final application package will be submitted to the Department of Justice by the end of October, 2001. In addition to the Weed and Seed problem, the same neighborhood has been working with City and County staff to obtain a "Front Porch" Florida designation from the State. '-' '-' October 3, 2001 Page 2 Subject: Weed & Seed/Front Porch Front Porch Florida is an initiative headed by the Governor's Office and administered by the Department of Community Affairs, that is designed to rebuild distressed communities through "bottom up" revitalization efforts. The Lincoln Park Business Association (LPBA) began meeting weekly in February, 2001, and currently meets twice a month. The LPBA has spearheaded the Front Porch Initiative in Ft. Pierce, helping organize community input to the overall process. LPBA members have hired a grant writer and will serve as the nominating entity for a local Front Porch designation. Most LPBA members also participate in the Weed and Seed program. Staff from County's Economic Development and Community Service divisions have represented the county on both groups. Both 'Weed and Seed" and "Front Porch" applications are requesting designation of specific areas of North Fort Pierce for inclusion in their respective programs. The Front Porch area fits inside the Weed and Seed boundaries and the programs will be complimentary (See attached Exhibit A to Resolution). Designation is the first step. Once designation is received, then technical assistance is provided to help the respective programs get off the ground. The programs can then request funds to help implement specific portions of their respective action and strategic plans. The action plans for both programs are very similar since the same input from residents was used in developing the plans. Both programs focus on a proactive effort to rid the neighborhoods of the pervasive crime elements and then do follow-up with initiatives intended to stimulate and foster economic growth in the areas. These economic initiatives would be done in cooperative effort with the County's overall economic development program. By passing the resolution, the BOCC will be supporting the efforts of community activists, community organizations, businesses and law enforcement in moving forward on revitalizing FortPiercè'. St~ recommends approval of Resolution 01-227. ¡ SUBMITTED: Dennis Murphy, Community Developm "'" ."", 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION 01-227 A RESOLUTION ENCOURAGING REVITALIZATION OF THE NORTHERN PORTION OF FORT PIERCE INCLUDING THE SHERATON PLAZA SUBDIVISION IN UNINCORPORATED ST. LUCIE COUNTY THROUGH THE DESIGNATION OF THIS COMMUNITY AS A FEDERAL WEED AND SEED AND FLORIDA FRONT PORCH NEIGHBORHOOD THAT WILL AID THE COMMUNITY IN TAKING A HOLISTIC APPROACH TO THEIR PROBLEMS AND HELP PROVIDE THE MEANS TO TAKE BACK THEIR NEIGHBORHOODS AND MAKE IT A SAFE PLACE TO LIVE, WORK AND PLAY. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The North Fort Pierce area that includes portions the City of Fort Pierce and the unincorporated County has become an unsafe and blighted environment with many deteriorating buildings due to age and inadequate maintenance resulting in a poor reputation for what was historically a proud neighborhood. 2. The North Fort Pierce area has additionally become a haven for drug dealers and drug houses resulting in a significant increase in crime including a high homicide rate that has included innocent victims residing in the neighborhood. 3. The City of Fort Pierce has taken proactive steps based upon a neighborhood charrette that has included demolishing old buildings and crack houses, and putting in $4.5 million in new infrastructure along Avenue D, the major business district for this neighborhood. 4. Law enforcement agencies including the St. Lucie Sheriff, the City of Fort Pierce Police Department, Drug Enforcement Agency, Federal Prosecutor, State Attorney's Office and others have organized a task force to fight crime and drugs in this neighborhood. 5. The Lincoln Park Business Association has taken a lead role in organizing residents, businesses, churches and community organizations to work collaboratively in identifying issues and needs, holding town hall meetings, and encouraging local government to work in partnership with business in revitalizing this neighborhood through empowerment of its residents. October 9, 2001 Page 1 Resolution 01-227 - '-' ,..,¡ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Encourages Official Recognition from the Executive Office for Weed and Seed within the U.S. Department of Justice to designate the North Fort Pierce area, as identified in attached Exhibit A, as a Weed and Seed site. B. Encourages the Florida Office of Urban Opportunity and Governor Jeb Bush to designate the North Fort Pierce area, as identified in attached Exhibit A, as a Front Porch Florida community. C. Fully supports the residents, businesses, churches and community organizations in this neighborhood in working with the City of Fort Pierce and St. Lucie County in revitalizing the North Fort Pierce community and make it once again an exciting and safe place to live, work and play. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice-Chairman Doug Coward Commissioner Paula A. Lewis Commissioner John D. Bruhn Commissioner Cliff Barnes PASSED AND DULY ADOPTED This 9th Day of October 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney October 9, 2001 Page 2 Resolution 01-227 ~ 'c ::¡ E E o () .c ü o a.. cU " .¡:: o LL Q) ü ...... Q) ë: - c: o ...... LL " Q) 00 o Q. e a.. ii ð æ ¡:_ H-- .OW~ ..... i .. -., i "'_ .1 æ .f i ..""'0 ..... - \...r .....; "0 c: I ) OJ I ) ...J l I l ~ ~ d'. ] ~ u.. ~ J :o~æE? ~} jif 'J~ ~ EXHIBIT A - ." ::5: m \JS - ~~u¥\. -'" It. J.-'"f( ~.... , (" ~I' ~ -:-J-. \...--a~ ---J I \ ~ ~ \~~~. ~ ~ I' ;k~~~- ^-- ~ ~ 2"\ I 1"1"" l..r D ~;!:. ~ - .= ii/,.;p<~: . ~~ ~ '~·1;'<:(4-II';'~" ···.:.···;~:i.'; ~ ~ ~'...., "'i':;';'~ 111m . <8\ ~ä;' t.. i' 17",).;'''>, :',i ifm _ " no '¡ "'":i." :._ ~~ ;Ci';c, .. ¡'.4' ;' if ifl'.i, ! .'i;~..." >;'if", I ~J'J · I'" ¡... t' ,... .'.: .,'3,,'11 _ ¡ / ~ ¡¡¡¡¡ ~ 11.( :;'., ?'u.',;'.' ..·i.:, k·'>·· /..€ !,'" I" '-;. ·t...... . L.·· I 1!0I &..j 1-· ,f:, i.",..- L_'. I II .~ i 1iî 11.i ] .1! !! J5 ~ II: ! ~ 8. ~ ~ Ž 5J § ~ E c. c. .. o U) II ~ I : ~ II! 13 C c. en ~ 5} 8 :::¡ ~z i f'" ~~ ~ i~ .. t,.¡¡ ~( . _ ~J ...... J IHSllit --~.- ------ 1"-. · ------vij- / V ....... HUE ....:: V / I t 1/ I I I , t -.. -,.~ -.... , .~ ., ~.. L1 t-J 100- ~ - .I l- I ~ - "'--~'--I. '-' \wi AGENDA REQUEST ITEM NO. C-7 DATE: October 9,2001 "INVESTMENT FOR THE FUTURE" TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: ~~~t~~ County Engineer f SUBMITTED BY (DEPT): PUBLIC WORKS DEPT SUBJECT: Approve Change Order No. 1 in the amount of $3,200.00; accept the project; release the retainage in the amount of $14,103.65; deduct ($80.00) from the contract for failed laboratory tests and make Final Payment in the amount of $19,348.65 to Sheltra & Son Construction, Inc. for the 53rd Street Bridge over Canal C-25 project. BACKGROUND: On February 27, 2001, the Board awarded Sheltra & Son Construction, Inc. a contract in the amount of $143,161.50 for the bridge and roadway repairs on 53rd Street Bridge over Canal C-24. The work was satisfactorily completed by July 12, 2001. On the weekend of August 25-26, 2001, the guardrail was damaged by an automobile. Change Order No. 1 in the addition of $3,200.00, was to repair the damaged guardrail. FUNDS AVAILABLE: Funds are available in Fund No. 316001-41133-563000-43101 Transportation Trust - Local Option Bridge Maintenance. PREVIOUS ACTION: The Board awarded the 53rd Street Bridge contract on February 27,2001 in the amount of$143,161.50. RECOMMENDATION: Staff recommends the Board approve and authorize the chairman to sign Change Order No. 1 in the amount of $3,200.00, resulting in a total contract amount of $146,361.50; accept the project; and release retain age in the amount of $14,103.65, subtract ($80.00) from the contract for failed laboratory tests and make final payment to the contractor in the amount of $19,348 ~H COMMISSION ACTION: ~] APPROVED [] DENIED [] OTHER [x) County Attorney ~I [x] Mgt. & Budget "'0......."'" P"¢ . ~ Þ<lP""",M" [x) Finance p\1I 1.::.---- (Check for copy only, If applicable) - .......- .~........ '-' ....., AGENDA REQUEST ITEM NO. C - 7 DATE: October 9,2001 "INVESTMENT FOR THE FUTURE" TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: (~~e~1-~~ County Engineer 4 SUBMITTED BY (DEPT): PUBLIC WORKS DEPT SUBJECT: Approve Change Order No. 1 in the amount of $3,200.00; accept the project; release the retainage in the amount of $14,1 03.65; deduct ($80.00) from the contract for failed laboratory tests and make Final Payment in the amount of $19,348.65 to Sheltra & Son Construction, Inc. for the 53'd Street Bridge over Canal C-25 project. BACKGROUND: On February 27, 2001, the Board awarded Sheltra & Son Construction, Inc. a contract in the amount of $143,161.50 for the bridge and roadway repairs on 53'd Street Bridge over Canal C-24. The work was satisfactorily completed by July 12, 2001. On the weekend of August 25-26, 2001, the guardrail was damaged by an automobile. Change Order No. 1 in the addition of $3,200.00, was to repair the damaged guardrail. FUNDS AVAILABLE: Funds are available in Fund No. 316001-41133-563000-43101 Transportation Trust - Local Option Bridge Maintenance. PREVIOUS ACTION: The Board awarded the 53rd Street Bridge contract on February 27,2001 in the amount of $143,161.50. RECOMMENDA TION: Staff recommends the Board approve and authorize the chairman to sign Change Order NO.1 in the amount of $3,200.00, resulting in a total contract amount of$146,361.50; accept the project; and release retainage in the amount of $14, 1 03.65, subtract ($80.00) from the contract for failed laboratory tests and make final payment to the contractor in the amount of $19,348.65. COMMISSION ACTION: CONCURRENCE: [] APPROVED [] DENIED [] OTHER ['I C'""" Altom" -/j ~ [x] Originating Dept. Pub~J' __ [x] Finance mil b-- (Check for copy only, if appiicable) Douglas Anderson C1i!I,IDty A inistrator [x] Mgt. & Budget 1fl.l) [x] Purchasing [x] Project. Man. C.A [x] Budget & Rev. Coor. ~M - .~ 1t '-' -....I ENGINEERING DIVISION . MEMORANDUM 01-259 TO: Dan Mcintyre, County Attorney "-;::¡ -... - ~.~-. ! ; 0 I is @ {¿ n ' jLrú[ ;~oa ~'i; _,S;OUNTY ATTORNE --...- FROM: vJ£ Don West, County Engineer ~ :ly DATE: September 27,2001 SUBJECT: 53rd St. Bridge over C-25 - Releases of Lien Please approve the attached Releases of Lien for correctness. If we can be of any assistance, please call Craig Hauschild, Senior Projects Engineer, at extension 1707. Bam Attachments (5) cc: Ray Wazny, Public Works Director Mike Powley, Capital Projects Engineer Craig Hauschild, Senior Projects Engineer ill Œ@ŒD , IW,' ~lr,r',: '",- Et.". OCT -2 ¿UUi ¡ : ; , 1-- ! --.J ENG!NEERING ~r\Û " d / J@I . .~ ... "- \J mrn©rnnwrnrñì UOl SEP -120m J~ ENGINEERING ~, CHANGE ORDER ST. LUCIE COUNTY PROJECT: 53RD STREET BRIDGE OVER CANAL C-25 (name, address) CHANGE ORDER NUMBER: 1 INITIATION DATE: 9/4101 t TO (Contractor): CONSULTANT'S PROJECT NO.: n/a Sheltra & Son Construction Co., Inc. POBox 336 Indiantown, FL 34956 ST. LUCIE COUNTY CONTRACT NO: C01-02-369 CONTRACT DATE: 2/27/01 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - No) Repair of damaged guardrail which occurred on the weekend of August 25-26, 2001: $3,200.00 L.S. The original (Contract Sum) was .............................................................. $143,161.50 Net change by previous authorized Change orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " $ -0- The (Contract Sum) prior to this Change Order was ............................................... $143,161.50 The (Contract Sum) will be (increased) by this Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,200.00 The new (Contract Sum) including this Change Order will be ....................................... $146,361.50 The Contract Time will be (increased) by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( 10 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 9/30/01 Funds Available: Account Number 316001-41133-563000-43101 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 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. Pierce, FL 34982 Sheltra & Son Construction Co.. Inc. Contractor POBox 336. Indiantown. FL 34956 ()r~ \)~ By: By: Date q~\ Dat Approved as to Form and Correctness County Attorney APPLICAæION ~~ AND FINAL PhYMENT (l.O O· ?ROJECT NAME: 5"3.- ST. ße.IOvG ~EfA,(L$ BOARD OF COTTNTY COMMISSIONERS 1'1'1'. T.TTCT F. COUNTY. Fr.r1RTJ)1\ CONTRACT DATE: S.J 14- ¡ 0 APPLICATION DATE: ~ ., (.. I I _; INITIAL CONTRACT AMT. .. :)0 ~OR PERIOD ENDING: ~ BASED ON EST. QUANTITIES $ \4~ I(,l ~ '.'~."~. ~ .~ ~NGINEER'S PROJECT NO.: OWNER: ~ONTRACTOR: SHE"L"íttl tsc ¡,¡ Co J~'í. \PPLICATION AMOUNT: ......., . rABUT,þ.TION OF AMOUNT DUE THTS APpr,TC1\TION . )RIGINAL CONTRACT AMOUNT COMPLETED TO DATE (See At.tached "Estimate of completed work") :BANGE ORDER NO. _@_% :BANGE ORDER NO. ~@_% :BANGE ORDER NO. ._@_% :HANGE ORDER NO. _@_% COMPLETE COMPLETE COMPLETE COMPLETE (+) (+) (+) (+) 'REVIons '1 $ 12 $ ,3 $ '4 $ 'OTAL $ PIWMF.NTS, TOTAL WORK TO. DATE (+) LESS PREVIOUS PAY. (-) SUB-TOTAL LESS FAILED LAB. TESTS AS APPLIF.J) FOR BY CONTRACTOR \ 43 J II. I .~ o $ $ $ $ $ $ /43./(", L" $ 12. '8 'n2., if $ 11,,/1..2..8, L. (-) AMOUNT DUE FINAL PAYMENT, EXCEPT FOR ANY LIQUIDATED DAMAGES ASSESSED BY BOARD AS APPROVED BY ENGTNEER so ,/ $ Ili3. ''''I. $ 3.200.""-' $ $ $ $ $ $ $ I~' 361. !;" '" '2.6. <t37. ,r""- 1'1. 4ZB."~ 80.00 4 $ q,3~S .lor V t ~ONTRACTOR'S AFFIDAVIT . The undersigned Contractor hereby swears unãer penalty of perjury that Lll obligations incurred by the Contractor unãer this Contract to ãate have leen discharged in fUll, that no suits are pending in conneotion with the work lnder the Contract, that the Contractor agrees t~the total final price of : 14'3t'<..I,\Û and final payment of $ IrD Z2..B.(d as full settlement of his ,ccoun under the Contract anã of all claifus in connection therewith. ::·DO~~".£;$ SO", Co ¡In. ~:~. Plo-:r~<~ 11M 6.< :OUNTY OF mAr-\-~ iTATE OF t=IOrl 0 Befo e t s , r9ZDQJ, personally lppeared 'r-. who being duly sworn, did lepose and say that he is the (Office) of the :ontractor above ment!oneã, that he repared ttached application for payment lnd executed above affidavit on behalf of said Contractor, and that all of the Itatements contained therein are true, corre7\ ~nd complete. Iy commission expires: AIy,aA.Comfort ~~a.~ -{ MYCOMMISSION, ccm615 EXi'lRES Notary Public '. May 24 2004 IOHOED ntRtJ Tlev f AIM If8URANCt INC. ~ I i ~O: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA The attached application for payment by the Contractor has been reviewed ,y the Engineer. The Enginear hereby approves final payment under this pplication in the amount of $ \''''I2.~~ , less liquidateã ãamages ssessed by Boarã, WTTH~CTUAL PAYMENT SUBJECT TO CONTRACTO.R'R RIGNTNG ABOVR ~~TDAVIT. ~~~~ . . . ~.,¡~~. ST. LUCIE COUNTY ENGINEERING DEPARTMENT lATE: APPROVED BY . Donald B, West, P.E.·· 'Ray Wazny, r.E.· County Engineer Public Works Uirector :ontract Time Began:. :ubstantial Completion on: ~tual Construction Time: :ontract Construction Time: ~iny D~ys Allowance: ither OVerrun Allowances: ret Overrun: Cal. Cal. Cal. Cal. Ca!. Days Days Days Days Days :c: Finance Officer CHECKED BY PREPARED BY St. Lucie County Eng. Depart. \w' AGENDA REQUEST ....,; ITEM NO. ~ DATE: OCT. 9, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] . TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PUBLIC SAFETY JACK T. SOUTHARD PUBLIC SAFETY DIRECTOR SUBJECT: First Amendment to June 12, 2001 agreement with Watson Dispatch Furniture Contract #C01-07-484 BACKGROUND: Dispatch position was inadvertently deleted in the original plans that were sent back from Watson Dispatch Furniture. Cost $4,665.00 . FUNDS WILL BE AVAILABLE: 107002-2121-562000-200 (BellSouth Surcharge) PREVIOUS ACTION: June 12,2001 board of County Commissioners approved agreement with Watson Dispatch Furniture for $138,625.00. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the First Amendment and authorize the Chairman sign. COMMISSION ACTION: t [x] APPROVED [ ] DENIED [ ] OTHER: Review and A --<-g, /~ / Other: Other: if applicable) Eff. 5/96 '-' ...." , _2 u ..-_. --- SEP 2 0 2001 FIRST AMENDMENT TO JUNE 12,2001 AGREEMENT THIS FIRST AMENDMENT is dated this ~ day of ~~ ,2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and- WATSON DISPATCH FURNITURE or his, its or their successors, executors, administrators, and assigns hereinafter called the "Contractor" in conjunction with a Purchase Order issued pursuant to RFP #99/00- 112 between the CITY OF WEST PALM BEACH and WATSON DISPATCH FURNITURE, for workstations (the "City of West Palm Beach Price Agreement"). WITNESSETH: WHEREAS, on June 12,2001, the parties entered into an Agreement which provided for the County to purchase certain workstations from the Contractor; and, WHEREAS, the Contractor's Quotation attached to the Agreement as Exhibit "B" inadvertently omitted one workstation,'identified as Basik 2DP Straight-Line PowerGear Position, P16 Position, Supervisor Position; and, WHEREAS, the parties desire to amend the Agreement to include the above-described additional workstation. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Exhibit "B" is hereby amended to provide for two Basik 2DP Straight-Line PowerGear Position, P 16 Position, Supervisor Position Workstations as attached hereto and incorporated herein. 2. Paragraph 6. CONTRACT PAYMENT is hereby amended to read as follows: 6. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions of this Contract, subject to adjustment by change order, the total estimated amount in current funds being: One hundred forty-three two hundred ninety and .00/100 dollars ($143,290.00) 3. All other terms and conditions of the Agreement shall remain in full force and effect. I '--' ......,¡ IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date first above written. ATTEST: BOARD OF COUNTY COMlVIISSIONERS ST. LUCIE COT.JNTY, FLORlDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: COUNTY ATTORNEY c ~~,,~ trI. WATSONDISP~ BY:~ PRlNTNAME: WH..(A~ S. Hit~ TITLE: V({¡f; p~(J)t+J-r-- . g:\atty\agreemnt\ I a-watsond ispate hfurniture. wpd 2 , , '-' ~ JU,l 06 01 10:38a Watson Dispatch 2068423290 p.2 1:! '" QUOTATION Watson Furniture Systems 12715 Miller Road N.E. Bainbridge Island, WA 98110 (206) 842-6601 No.: Date: Expiration Date: 010706WN2 7/6/01 10/5/01 To: St. Lucie County PROJECT: Emergency Operations Center Attn: Jack Southard Dispatch Console Furniture Quantity Descri tion Unit Extension 4 ca. Basik 2DP 90* Narrow PowerGear Positions $5,510.00 $22,040.00 P9, PIO, PIlt and P12 Positions Call Taker Positions Includes: Electronically Adjustable Primary Worksurface Articulating Keyboard PJatform 48" and 78" High Panels Front Access to Extension Cavities 1 ea. Box, Box, File Storage Pedestal 1 ea. Basik 2DP Straight-Line PowerGear Position $4,950.00 $4,950.00 P8 Position Call Taker Position Includes; Electronically Adjustable Primary Work:mrface Articulating Keyboard Platform 78' High Panels Front Access to Enension Cavities 1 ea. Box, Box, File Storage Pedestal I ea. Basik 2DP Straight-Line PowerGear Position $3,920.00 $3,920.00 P7 Position Call Taker Position Includes: Electronically Adjustable Primary Worksurface Articulating Keyboard Platform 48" High Panels Front Access to Extension Cavities 1 ea. Box, Box, File Storage Pedestal 2 ea. Basik 2DP 90* Extra-Wide PowerGear Positions $6,195.00 $12,390.00 P14 and PIS Positions Fire DiG patch Positions Includes: Electronically Adjustable Primary Worksurfacc Articulating Keyboard Platform 48" High Panels Fran t Arrfl"'<Q<:;: f..... ti""'+""'..... ....:...._ ~ '" ."'" '-' Ju.l 06 01 10:38a Watson Dispatch 2068423280 1".3 "" "" 1 ea. Basik 2DP Straight-Line PowerGear Position $2,980.00 $2,980.00 PI6 Position Fire Dispatch Position Includes: Electronically Adjustable Prinuuy Worksuñace ArticWating Keyboard Platform 48" High Panels Front Access to Extension Cavities 1 ea. Box, Box, File Storage Pedestal 1 ea. Basik 2DP Straight-Line Powe~ar Position $4,665.00 $4,665.00 PI3 Position Fire Dispatch Pœition Includes: Electrcnica.lly Adjustable Primary Worksurface Articulating Keyboard Platform 48" High Panels Front Access to Extension Cavities 1 ea. Box, Box, File Storage Pedestal 4 ea. Basik 2DP 90* Extra-Wide PowerGear Positions $5,980.00 $23,920.00 PI, P2, P3 and P4 Positions Police Dispatch Positions lncludes: ÉlectroniCally Adjustable Primary Worksuñace Articulating Keyboard Platform 48" High Panels Front Access to Extension Cavities 1 ea. Box, Box, File Storage Pedestal 2 ea. Basik 2DP Straight-Line PowerGear Positions $4,525.00 $9,050.00 P5 and P6 Positions Police Dispatch Position Includes: Electronically Adjustable Primary Worksurface Articulating Keyboard Platform 48" High Panels Front Access to Extension Cavities 1 ea. Box, Box, File Storage Pedestal 1 ea. Basik 2DP 90* Extra-Wide PowcrGear Position $6,070.00 $6,070.00 PI8 Position Supervisor Position Includes: Electronically Adjustable Primary Worksurface Articulating Keyboard Platform ¡ 48" High Panels Front Access to Extension Cavities I ea. Box, Box, File Storage Pedestal , J~l 06 01 10:38a '-" Wat.son Dispat.ch -....I 2068423250 p.4 1:1 1:1 . , 2 ea. Basik 2DP Straight-Line PowerGear Position $4,665.00 $9,330.ØO P17 Position Supervisor Position Includes: Electronically Adjustable Primary Worksurface Articulating Keyboard Platfonn 48- High Panels Front Access to Extension Cavities 1 ea.. Box, Box, File Storage Pedestal 1 ca. Basik 2DP Straight-LLne PoweZ'Gear Position $4,695.00 $4,695.00 PI9 Position Teletype Po.idon Includes: Electronically Adjustable Primazy Worksurface Articulating Key~ Platform 48- High Panel.$ Front Access to Extension Cavities I ea.. Box, Box, F:Ile Stora,g~ Pedestal 4 ea. 40" Rotating Resource sto~e Units $1,100.00 $4,400.00 1 ea. Installation $26,920.00 1 ea. Delivery $7,960.00 GRAND TOTAL j143,290.00 ........'... IJ . . I í i I 1. Taxes are not included. State and Local tOXl!S will apply Jinless proof of exempò:on. is provided with the purchc.se order. 2. 5096 Deposit with order; Net 30 days from Shipment of Product 3. Chairs are for representational purposes only. ~. Lead lime (j()'90 days after receipt of purchase order issued to Watson. FUrniture Systems. Completed order ronsists a/signed COf11ract or Purcha.~p n.?.;~_ ",._ t:::;.fo"",·^~ C'L_ ..., Filter 24.'-1" '" 9/1 õ" ê .. E Eo .3-0 :JC>:: CT W N I -.". 4'-6" '" I '" '" $ 5'-4 1/2" ;" I '" '" u '-. « :n .... I N N 3' ~ <II "(J (; U <II C>:: 4' 3 <?z 12725 8 Mill.r Rood NE Boinbrîdge Island WA 98110 Please verify 011 dimensions on this drawing to be correct. This drawing is the property of Watson Furniture Systems, Inc. and is not to be reproduced, copied or otherwise utilized without the rior written ermissian of Watson Furniture S stems, Inc. PROJECT: ST. LUCIE COUNTY DRAWN By: DATE CHECKED 8Y: DATE CLIENT: EMERGENCY OPERATIONS CENTER ~!lSIOI LOCATION: FgfT PIERCE PROJECT MtNAGE : PPR~:> . ,'- - ,J) WATSON DISPATCH OPTION BASIK ZDP POWER EXTRA-WIDE R¡:v FilE: SCALE: STI I JrIFrn 1/8" = I' '-' '-" J 1..(1 06 0 1 1 0 : 4 0 a Watson Dispatch 2068423290 '" .", @j@j - ~ - ... - [IIIOIUIJ 3'-1 r- 8'-7 r 1/4" t 1/4" I I 4' ..=. I' J 1-1 P·7 Please verify all dimensions on this drawing !abe correcL This dr:Jw;ng is the property 01 Watson Furn'(ure Systems, l:lc. end is not to be reorodûted. co;:¡ieo or atherw;se utilized without the rÎor written ert1":ission of Watson Furniture S ster-1S, Inc. . WATSON PROJECT: ST. LUCIE COUNTY DRAWN By: DATE CHECKED8Y: DATE I OPTION BASI'\ ZD? FOWER, DISPATCH CLIENT: EMERGENCY OPERATIONS CENTER I ~/2RIOI _ _ ~~__. ()~ LOr.<lTln/--J· C"~~T n.__u _ """, '"'" Ju.l 06 01 10:38a Watson Dispatch 2068423280 P·6 21'-10 13/16" t I I 7'-4 13/16" I I L 4 1 · '1-;:" J 4' L Please verify all dimensions an this drowi'lg to be correct. This drawing is the property of Watson Furniture Systems, Inc. and is not to be reproduced, copied otherwise utilized without the rior written ermission of Watson Furniture S stems Inc. PROJECT: ST. LUCIE COUNTY DRAWN By: DATe: CHEexED BY: Due: CliENT: EMERGENCY OPERATIONS CENTER ~/?RIO' WATSON DISPATCH I or I I "7'.:; C 10111_ _ n LOCA TION: FORT PIF''''r~ 0"1 EXT;:(A.WI!lF' OPTION 8ASlK ZDP POWER I OF '"'" '--' Dispatch 2068423290 p.7 ~@J ~ @J ~IIIDIUIJ i - 8'-7 1/4" I 4 1 4' ~ J ;- d co;:¡iea or ~o be correct. t to be reDroc!u~e. . S terns Inc. Gnd ;s no S t~~s Inc. ,. 'ee, " . . F"CO""'" . .. """'" errr.ission 0 r Wa tson CHECKED BY: D. n, IS._ Ä_ ~_ ,", .2D,0 FOVië'<. ,'" DRAWN Sy: DorE . NS CENTER I !Y!:L2/?R/OI 1 ""'"' AGENDA REQUEST '-' ITEM NO.~9a DATE: October 9, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X I , TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin 4 SUBJECT: Budget Resolution 01-237 for the $100,000 Airport Water System Improvement Grant II awarded by the Florida Dept of Environmental Protection (FDEP). BACKGROUND: N/A . ~ FUNDS WILL BE AVAILABLE: 140319-4215-334391- 400 FDEP Airport Water System Improvement Grant II ~ PREVIOUS ACTION: On September 11,2001 the Board approved a grant agreement for a $100,000 wastewater improvement project located at the Airport Industrial Park (copy attached). RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budgêt Resolution # 01-237 to appropriate and expend funds from the FDEP Airport Water System Improvement Grant II in the amount of$100,000. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: CONØJRRENCE: ~ ~ . Doug Anderson County Administrator Coordination/S ignatures County Attorney: XX ,.,2;( Management & Budget: XX :::~!fJ1n!.,,(1urChasing: Originating Dept: Public Works: .' Otlier: Finance: (Check for Copy only, if applicable) XX G. IBUDGETI WPIAGENDA'S\Agenda02\ I O'09A¡rpUtil~grant. wpd "-' '-' RESOLUTION NO. 01-237 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 rrom the Florida Department of Environmental Protection in form of a $100,000 grant for the Airport Water System Improvement Grant II. . 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 9th day of October, 200 I, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2001-02, and the County's budget is hereby amended as follows: 4 REVENUES 140319-4215-334391-400 Dept of Enviranmental Prat-Physical Env $100,000 . f APPROPRIATIONS 140319-4215-563000-400 Improvements OfT Buildings $100,000 After motion and second the vote on this resolution was as follows: ~ Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX Commissioner John D. Bruhn XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED THIS 9TH DAY OF OCTOBER, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY GIS UDG En WPIA G EN D A'S\Agenda02\ I 0'09 Ai rp U ul-2rant wpd · ' ~.~~~\~,!~~J:g!£~~.!£~~.~ .."........ ø.:··~~...,_·; ;"" ,¡if;' \\'" I FlOR~<.;~.1 10.. ~ ~......~~_~~ ~-~ :'-' --- '" Department of """" Environmental Protection / Jeb Bush Governor Twin Towers Office Building 2600 Blair Stone Road Tallahassee. Florida 32399-2400 David B. Scruhs Secretary August 17, 200 I Honorable Fannie Hutchinson, Chair St. Lucie County Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, Florida 34982 Re: LP0201 - St. Lucie County Collection and Transmission ¡;acilities Dear Chair Hutchinson: Enclosed are two original copies of the proposed Legislative Project grant agreement for your wastewater improvement project. Please sign on page 4 of the enclosed two copies. Return both copies to us within three weeks at 2600 Blair Stone Road, Mail Station 3505, Tallahassee, Florida, 32399-2400. We will arrange for the Division Director to sign the document and mail a fully executed copy to you. If you have any questions about the agreement, please call Ms. Leesia Koutz at 850/488-8163. SincereLy, '~~~cmef Bureau of Water Facilities Funding DWB/lk 'r~iŒ~¡;- liU r~-'- 'I ill! :. AU'; 2 ? ,__ - Enclosures C;-r: """ ...... J~' .. 'ìR"'-" __:,";U ì~~ -_.._-~_. . cc: Mr. Bill Blazak - Utilities Director - St. Lucie County ,. -:y\(' I"' . r ,) I {j', c "v \ '- '\")'- ~ èi , .... ~r" \ . vI,; M"t.'/ \ '.j". ~ II '.~ \. "/"~Jre PrJ:'=(::.cr, ~ess ,;)"~ceS5' Pnnted on re<:ycled paper. '-" v STATE OF FLORIDA DEPARTh1E~ì OF ENVIRONMENTAL PROTECTION AND . ST. LUCIE COUNTY, FLORIDA LP0201 This agreement is executed by the ST ATE OF F1..0RIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and ST. LUCJE COUNTY, F1..0RIDA, (Grantee) existing as a local governmental entity. Pursuant to line item 1748 of the 2001-2002 General Appropriations Act, the Department agrees to fund a grant on a reimbursement of incurred eligible cost basis in an amount not to exceed $100,000 under the terms and conditions set forth in this document. SCOPE OF WORK The project to be fmanced by this Grant consists of furnishing labor, materials, and equipment to plan, design and construct wastewater collection and transmission facilities and to establish the Municipal Service Benefit Unit (MSBU). GRANT CONDITIONS 1. The Grantee shall expeditiously initiate and timely complete the project work for which assistance has been awarded under this agreement. 2. The Grantee warrants, represents, and agrees that it, and its contractors, subcontractors, employees and representatives, shall comply with applicable State and Federal laws, executive orders, rules and regulations in carrying out their obligations under this agreement. 3. To the extent permitted by law, the Grantee shall release and hold harmless the State, its officers, members, and employees from any claim arising in connection with the Grantee's actions or omissions in its planning, engineering, administrative, and construction activities funded by this grant or its operation of t.\1e project: \ 4. The Grantee shall carry adequate liability and otner appropriate forms of insurance. The Department shall have no liability except as specifically provided in this agreement. 5. The Grantee shall obtain all necessary permits, real property interests, and approvals before initiating construction. The Grantee knows of no reason why any future permits or approvals are not obtainable. 6. Pursuant tó Section 216.347 of the Florida Statutes, the Grantee shall not use grant proceeds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. 7. By acceptance of this grant, the Grantee agrees to complete the scope of work in accordance with the plans and specifications approved by the Department's district office, and to maintain '-' '-' and operate the completed facilities in accordance with all applicable provisions of the Florida Administrative Code for the design life of the facilities. 8. The Grantee and its agents shall maintain books, records and other documents pertinent to performance under this agreement in accordance with Generally Accepted Governmental Accounting Standards established by the Governmental Accounting Standards Board. The Grantee shall keep accurate records of all grant payment receipts and project expenditures. The Department shall have access to such records at all reasonable times during the tenn of this agreement and for three years following final grant payment or for such other period as may be prescribed by the Department. , 4 9. The Grantee shall provide access to project sites and administrative offices to authorized representatives of the Department at any reasonable time. 10. The Grantee agrees to make prompt payment to its contractor and to retain only such amounts as may be justified by specific circumstances and provisions of this grant or the construction contract. The Grantee shall ensure that appropriate provisions to implement this prompt payment requirement are included in all construction contracts and subcontracts. 11. In consideration of the Grantee completing its obligations under this agreement, the Department shall pay the Grantee on a reimbursement of incurred eligible cost basis. Payment requests shall be submitted no more frequently than monthly on a fonn provided by the Department. With each payment request, the Grantee shall submit all relevant invoices and worksheets used to prepare the payment request and shall, if necessary, document in writing that any special grant conditions precluding payment have been satisfied. ~ I 12. The Grantee agrees to comply with the requirements contained in Section 215.97, Florida Statutes, entitled "Florida Single Audit Act". The funding supporting the activities authorized under this agreement is provided in a grants and aids appropriation made by the Florida Legislature. Specific funding information is provided below: Funding Source: Ecosystem Management and Restoration Trust Fund State Fiscal Year: 200 1-02 General Appropriations Act, Line Item 1748 Catalog of State Financial Assistance 37039 (CSFA) Number: CSFA Title or Funding Description: Statewide Restoration Projects Funding Amount: "$100,000 State Grants and Aids Appropriation 141Il6 Category: 2 '-' "-' Copies of reports and management letters prepared in conducting audits related to required State grants and aids audits shall be submitted by or on behalf of the Grantee directly to each of the following: Don Berryhill Florida Department of Environmental Protection Bureau of Water Facilities Funding 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS 40 Tallahassee, Florida 32399-2400 State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 13. This agreement may be amended in writing, except that no amendment shall be permitted which is inconsistent with statutes, rules, regulations, or executive orders. 14. The Grantee agrees to comply with the following project schedule: (a) Initiation of project construction is scheduled for November 1,200 I. (b) Completion of scope of work is scheduled for June 30, 2002. REMAINDER OF PAGE INTENTIONALLY LEFf BLANK 3 , . ,- - ~ '.." EXECUTION OF AGREEl'tIENT This grant agreement LP0201 shall be executed in two or more counterparts, any of which shall be regarded as an original and all of which constitute but one and the same instrument. . The Department hereby offers financial assistance to ST. LUCIE COUNTY, FLORIDA, in an amount not to exceed $100,000, for the purposes and under the tenns set forth in this agreement. This agreement is subject to applicable provisions of Florida law and rules adopted thereunder. In accepting this award and any payments made hereunder, the undersigned representative of the Grantee covenants that he/she is duly authorized to act on behalf of the Grantee, and that the Grantee agrees to the tenns and conditions of this agreement. for ST. LUCIE COUNTY Chair Board of County Commissioners , for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Director Division of Water Resource Management Date 4 - - "'" ---. --- '-, August 17, 2001 · · Honorable Fannie Hutchinson, Chair St. Lucie County Board of County Commissioners 2300 Virginia A venue Ft. Pierce, Florida 34982 c f Re: LP0201 - St. Lucie County Collection and Transmission F~cilities Dear Chair Hutchinson: t t Enclosed are two original copies of the proposed Legislative Project grant agreement for your wastewater improvement project. Please sign on page 4 of the enclosed two copies. Return both copies to us within three weeks at 2600 Blair Stone Road, Mail Station 3505, Tallahassee, Florida, 32399-2400. We will arrange for the Division Director to sign the document and mail a fully executed copy to you. ~ · If you have any questions about the agreement, please call Ms. Leesia Koutz at 850/488-8163. Sincerely, · Don W. Berryhill, P.E., Chief Bureau of Water Facilities Funding 4 DWB/lk Enclosures cc: Mr. Bill Blazak - Utilities Director - St. Lucie County - - , '-" AGENDA REOUEST -....J ITEM NO. C-9b DATE: October 9, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Budget Resolution 01-238 for the $25,000 Adopt-A-Beach Grant awarded by the Florida Dept. of Community Affairs (FDCA). BACKGROUND: This grant's funding is a federal pass through from NOAA. Local match is required in form of in-kind labor and services. No local funds to match this grant are currently required. FUNDS WILL BE AVAILABLE: 001147-7210-331393-700 FDCA Adopt-A-Beach Grant PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution # 01-238 to appropriate and expend funds from the FDCA Adopt-A-Beach Grant in the amount of$25,000. f COMMISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: 4 oug Anderson County Administrator CoordinationlS ignatures .~ Co.u~ty ~ttorney: XX M:magement & Budget: xx.;jl!~.{rlr«~purchaSing: Ongmatmg Dept: Publ1c Works: . orher: Finance: (Check for Copy only, if applicable) XX G \BUDGET\ WPIAGENDA'SlAgenda02\ 1 O'09AdoptBeach ~rant. wpd \..i '-' RESOLUTION NO. 01-238 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Community Affairs in form of a $25,000 Adopt-A-Beach Grant. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 9th day of October, 2001, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2001-02, and the County's budget is hereby amended as follows: REVENUES 001447-7210-331393-700 National Oceanic and Atmos. Admin. $25,000 APPROPRIATIONS 001147 -7210-534000-700 001147-7210-551200-700 001147-7210-552000-700 Other Contractual Services Equipment <$750 Operating Supplies $8,800 $10,300 $5,900 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX Commissioner John D. Bruhn XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED THIS 9TH DAY OF OCTOBER, 2001. . ATTEST: BOARD OF COUNTY COMMISSIONERS t STLUCIE COUNTY, FLORIDA . 'BY: CHAIR1vlAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\BUDG ETI WPIAGENDA'SlAgenda02\ 1 O'09AdoptBeach ..,.grant wpd - r .'-' - "'-" Pro iect Budget N arra tive: Describe line items for each applicable budget category shown on the budget schedule. Provide sufficient detail to show cost relationship to project activities. Do this for both FCi\'fP and match items. If in-kind match is being provided by a third party, a letter crom that party confmning the amount and type of that match must be included. Note: Indirect costs are not allowed as match. PRICE PER ITEi\I ITEM Frederick Douglas Memorial Park Signs for Horseback Rider - Dune Protection Education I - 3x3 Sign for the horse back riders at unloading area 1 - 3x3 Sign for the horse back riders just before they enter the beach trail (duplicate sign) 2 - sturdy and protective crames for the signs TOTAL FOR HORSE EDUCATION SIGNS Seaside Steward - Adopt-A-Beach - Coastal Pollution Education I - 3x3 Sign for Frederick Douglas Memorial Park Dune Crossover I - sturdy and protective frame for sign at Frederick Douglas Memorial Park TOTAL FOR FREDERICK DOUGLAS SEASIDE STEWARD SIGN 7 - duplicate of the 3x3 Seaside Sceward Sign 7 - sturdy and protective fi'ame for the 3x3 Seaside Steward Sign TOTAL FOR 7 DUPLICATE SIGNS AND FRAMES Trash and Recycle Container holders made out of recycled plastic for 8 Parks 8 - Set of 3 Recycling cans combin~d together on one posts with recycled plastic slats 8 - Set of 3 Iids, hinges, recycling stickers and concrete base 8 -1 - Trash Receptacle Holder, for 55 gallon, 100% Recycled Plastic 8 - 1 - Colored lid and base TOTAL FOR CONTAINERS SHIPPfNG AND DELIVERY ESTIwfA TE FOR ALL ITEMS LISTED ABOVE SUPPLIES Seaside Steward Adopt-a-Beach T-shirts Printing of Trash Collection Cards, Flyers Announcing the Clean-ups, Educational Brochure Plastic Bags, Plastic Gloves and Trash Cans SUPPLIES TOTAL T"rlirl',..t r'-er~~s. ~~ c.....\,~ " GRAND TOTAL FROM GRANT FUNDS S1500 S 300 5700 $2500 SI500 S 350 $1850 S300 5350 7 x 650 = $4500 S600 5250 5250 S100 8 x 1200 = 9600 -1' 51550 S25.000 IN-KIND MATCH FROM ST. LUCIE COUNTY AND VOLUNTEERS Planning, research, photography and design time for the signs (includes time for the committee to discuss the goals of the signs, the draft layout of the signs, the placement of the signs at which parks, etc) Final construction of the signs and installation for 10 signs J!15tal!atiofl'ofth~arge..lI:;!sh cans and the 8 set of three œ.c.;<cle..~ C Tw~lve committee meetings with volunteers and park ~nci ""viro.nm~ determiae the timing and location of the clean-ups, and the location for the trash/recycle receptacles and graphics. Eleven beach clean-up events at several county I city coãstal parks. Time to order and organize materials, arrange events, advertise in the pape'rs, call and recruit leaders, time to educate the volunteers and time to pick up the tnlSh and record the data. Time for Park and Recreation statTto pick-up the large number of bags of trash and recyclable items picked up. GRAND TOTAL FROM IN-KI:'<"D MATCHES TOTAL PROJECT COST 525.000 $50,000 S1500 $1500 $1000 $4000 ð)~tJ CoJ~ S<uv ( ß",~ 'I+~ ~I Ö s,(JO ) S'-ffli ( j..~t~ 4 56,000 f $2,000 . 54,000 511,000 .. , " . f " ~~ ~ "Y - =±tû 1- 01- .5S 7 '-' '-I Reimbursement Subgrant DCA Identification Number. 02-CZ-13-10-66-0l-018 NOAA Task Number. "lor; ?1 CFDA Number. 11.41 9 FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, Florida Coastal Management Program, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and rSt07t.uëirtoûntV-'~äõãf(F·ò:f-cÔûÌ'ït\?> ~~~,':s:s:;t'?F~~1~1""Jf, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLO'MNG FACTS: A. WHEREAS, the Recipient represents that it is fully qualified, and eligible to receive these grant funds to provide the goods and services identified herein, and B, WHEREAS, the Department has received these grant funds from the federal government, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C, WHEREAS, the Department has authority pursuantto 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 all obligations in accordance with Attachment A (Project Summary Document) of this Agreement. (2) INCORPORATION OF LAWS, ~ULES, REGULATIONS AND POLICIES. , . Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including bU!ï1ot limited to those identified in Attachment B of this Agreement. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties or July 1, 2001, whichever is later, and shall end June 30, 2002, unless terminated earlier in 3ccordance with the provisions of paragraph (9) of this Agreement. ·--- - . r .,.. "-" '-' r: (4) MODIFICATION OF AGREEMENT: REPAYMENTS Either party may request modification of the provisions of this Agreement, subject to the limitations provided herein. Modifications 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. Refer to Attachment C for more information on the modification process. 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 In accordance with § 215.34(2), Fla. Stat., if a check or other draft is retumed to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the, face amount of the check or draft, whichever is greater. (5) RECORD KEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMS Circular No. A-11 0, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-8?, "Cost Principles for State and Local Governments,":OMS Circular No. A-21 , "Cost Principles for Educational " Institutions," or OMS Circular No. A-122, "Cost Principl~s 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 and 931.2. (b) All originaì 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 .- .- :- . T '-" , """' 1. If any litigation, claim or audit is started before the expiration of the three year period and éxtends 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 for 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 and Scope of Work - Attachment A - 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 and the U.S. Department of Commerce, National Oceanic and Atmospheric Administration. "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) The Recipient must have fiscal control and fund accounting procedures that assure proper disbursement and accounting of project funds and required match expenditures. All expenses incurred for the project shall be disbursed according to the provisions in the project budget. as approved by the Department. .. \\ .. (f) The Recipient acknowledges that the Department is bound by the terms and conditions of a grant award from NOAA as to this'Agreement, including but not limited to the Department of Commerce Financial Assistance Standard Terms and Conditions; 15 Code of Federal Regulations Part 24, including specifically 15 C.F.R. Section 2442; 15 Code of Federal Regulations Part 29a; Office of Management and Budget Circular A-87; the Line Item Budget; and any Special Award Conditions. 3 ~-- \..; - i "'-' Recipient's record keeping shall be conducted so as to allow the Department to comply with those authorities. (6) REPORTS All reports must be submitted by the Recipient agency. (a) Project Performance Reports The Recipient shall submit Quarterly Project Performance Reports to the Florida Coastal Management Program by October 15, January 15, April 15, and July 15, covering project activities during the previous quarter. The Quarterly Project Performance Reports shall be submitted in hard copy and on computer micro floppy disc (DOS compatible format) or submitted electronically to debbie.skelton(a)dca.state.fl.us in the format provided on Attachment D. (~ Rnanc~IReports The Recipient shall submit a Quarterly Financial Claim Report to the Florida Coastal Management Program by October 15, January 15, April 15, and July 15, covering the project expenditures during the previous quarter. The Quarterly Financial Claim Report shall be submitted in the format provided on Attachment E. A Final Financial Claim Report must be filed if there are outstanding claims after the final Quarterly Financial Claim Report has been submitted. The Final Financial Claim Report shall be submitted in the format provided in Attachment F. Before the Final Financial Claim will be processed and final payment made, the Recipient must submit to the Department all outstanding Project Performance Reports, Financial Claim Reports and the Final Project Report and must have satisfied any pending special conditions as identified. The Final Financial Claim Report must be submitted prior to \ . the Close-Out Report. Failure to comply with the abó~e provisions shall result in forfeiture of reimbursement. (c) Project Generated Income Reports If the project generatès income, the Recipient shall submit Quarterly Project Generated Income Reports to the Florida Coastal Management Program following instructions and format provided in 4 ::- ",",' ~ ." Attachment H. Income _willi_will not be earned by the Recipient during subgrant period as a direct result of the subgrant award. The following reporting quarters are to be used for the financial, performance, and project generated income reports: Quarter Reoortinq Quarters Report Due 1 July 1 - September 30.............................0ctober 15 2 October 1 - December 31.........................January 15 3 January 1 - March 31.................................April15 4 April 1 - June 30.......................................July 15 (d) Final Project Products and Reports For subgrants which produce final product(s), a Final Project Product(s) shall be produced and seven (7) copies submitted to the FCMP not later than fifteen (15) days after the subgrant termination . date. For subgrants which do not produce a project product, a Final Project Report shall be produced and seven (7) copies submitted to FCMP not later than fifteen (15) days after the end of the subgrant termination date. The Final Project Report must contain an executive summary, and discuss methodology, outcome and further recommendations. Final payment will be held until receipt and approval of the Final Project Product(s) or Final Project Report. Both the Final Project Product(s) and the Final Project Report must comply with the publication requirements as stated in paragraph 21 of this Agreement. I' (e) If all required reports and copié~, prescribed above, are not sent to the Department or are not completed in a manner acceptable to t-he 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 written notice by the Department. "Acceptable to the Department" means that the work product 5 ¡......... ; """ - r I -.....,I was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work shown in Attachment A. (7) MONITORING The Recipient shall constantly monitor its performance under this Agreement to ensure that all terms, conditions, and commitments in Attachment A of this Agreement are being met, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. (8) LIABILITY (a) Unless Recipient is a State agency or subdivision, the Recipient shall be soleiy 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 work 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, Fla. 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 said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein 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 the Florida Legislature, the State of Flo.ripa Office of the Comptroller or the federal 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 6 ,-. '"'"' "'-" '. 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 4 Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under Attachment A of this Agreement. (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 II . (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. INithhold or suspend payment of all or any part of a request for payment; 7 .- --- '-' .""" 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 11 g, Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fª,- Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The Recipient shall retum funds to the Department if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) 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 Rëéìpient for purpose of set-off until such time as the exact amount of damages due the Department fr9m 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 representative identified below at the address set forth below and said notification attached to the original of this Agreement. 8 \"..; '-' (b) The name and address of the Department contract manager for this Agreement is: S. Debbie Skelton, Planner IV Florida Coastal Management Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 414"{;5ôô Fax: (850) 487-2899 E-Mail: debbie.skelton@dca.state.fI.us · f (c) The name, address, telephone number, fax number and E-Mail address or the Representative of the Recipient responsible for the administration of this Agreement is: JimCumrilings, Pàrks Manager Parks and Recreat~on Dept. 2300 ·~irginia Ave Ft. Pierce, Fl 34982 Phone 561/462-1519 . Fax. . 5 6lt4 6 2-' 1940··, . lcumm"inqs@stlucieco:qov · (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. (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 a,ccuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written ftOtice to the Recipient, cause the termination of this 4 Agreement and the release of the Department. from all its obligations to the Recipient. (b) This Agreement shall be construed undèr 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 9 .- \,..; r -....I 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 Department 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 INith Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 ~, 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, arid in telecommunications. (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 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 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 veridor list or the discriminatory vendor lis(" (g) INith respect to any Recipjent 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: 1.· are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 10 - ,...... ¡ 'wi , \.;' 2. 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 or4 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; 3. 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 4. Have not within a three-year period preceding this agr:ement had one or more public transactions (federal, state or local) terminated for cause or default. \Nhere the Recipient is unable to certify to any of the statements in this c:rtification, such Recipient shall attach an explanation to this agreement. (12) 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'ttie Department with the records, reports or financial statements upon request for the purpose~of auditing and monitoring the funds awarded under this Agreement. (d) In the evènt 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 OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indie<:tes Federal funds 11 - f~ '-" '-' 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 OMB 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 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 OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., ttie 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 identiiying 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, bÝ'or on behalf of the Recipient directly to each of the following: (a) The Department at each of the following address: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 12 f'-'" '-' '-..I 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 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 fo::cwing address: Federal Audit Clearinghouse Bureau of the Census 1201 East 101h Street Jeffersonville, IN 47132 (c) Other Fed~ral agencies and pass-through entities in accordance with Sections .320 (e) and (0, OMB Circular A-133, as revised. 4. In the event that a copy of the audit recort for an audit required by subparagraph (d) above and conducted in accordance with OMB Circular A-133, as revised, is ngL required to be submitted to the Department for the reasons pursua;;t to Section .320(e)(2), OMB Circular A-133, as revised, the Recipient shall submit the required written r.otiiication 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 .32C(D, 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). OMS Circular A-133, as revis!\d, a~,d 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 rJnds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall 13 ,- , '-" ,~ I ......, 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. . (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. (i) An audit performed by the State Auditor General shall be deemed to satisfy the above audit requirements. (13) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a draft of the proposed subcontract must be approved in writing by the FCMP prior to execution. 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 I against all claims of whatever nature arising out of t~è subcontractor's performance of work under this Agreement, to the extent allowed and required by jaw. A copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. Defaults or delays in performance by sUDcontractor(s) shall not be construed as an excusable delay. (14) TERMS AND CONDITIONS. This Agreement contains all the terms and conditions agreed upon by the parties. 14 .-- '-" '-' (15) 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 connict or inconsistency. (c) This Agreement has the following attachments Attachment A: Project Summary Document for Federal Coastal Zone Management Act . Funds Attachment B: Applicable laws, rules and regulations. Attachment C: Sample Modification Request Attachment D: Quarterly Project Performance Report Format. Attachment E: Quarterly Financial Claim Report Format. « . Attachment F: Final Financial Claim Report Format. Attachment G: Financial Close-Out Package Format. Attachment H: Quarterly Project Generated Income Report Format. Attachment I: Copyright, Patent and Trademark Conditions. (16) FUNDING/CONSIDERATION (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 subject to the availability of funds. The Recipient shall provide match in the .. amountof.$· 25.000 ~ . (b) Any advance payment under this'Agreement is subject to s. 216.181 (16), Florida , Statutes. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months, based upon the funds being equally disbursed throughout the subgrant term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-1 02, A-11 0, 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 must 15 -.-. - ~ -. (- v '-II be submitted as a separate letter to the Florida Coastal Management Program. This letter must specify the amount of advance payment needed and provide an explanation of the necessity for and proposed · use of these funds and be signed by the Recipient or his/her authorized representative. 1. X No advance payment is requested. f 2. An advance payment of $ is requested. (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 Attachment A of this Agreement. 4 (d) If less match share is provided than agreed to in the award agreement, then the · FCMP share will be reduced proportionately. For instance, if a SO/50 statutory matching requirement is reflected in an award, equaling $100,000 FCMP and $100,000 match share, but the recipient expends only $90,000 match, then the FCMP share will be reduced to $90,000. (e) All costs are subject to applicable cost principles. Recipient organizations should · consult the appropriate cost principles for specific guidance on allowable and unallowable costs and should consult with the Florida Coastal Management Program if there are questions concerning the allowableness or treatment of a particular item. (f) Recipient funds shall not, under any circumstances, be obligated prior to the start date or subsequent to the ending date of the project period. (Only project costs incurred on or after the start date, and on or prior to the ending date of this Agreement are eligible for reimbursement.) For purposes of this Agreement. a cost is incurred when the Recipient, Recipient's employee, or a subcontractor performs the required services, or when goods or services are encumbered or ordered. These costs must be paid in full by the end af the project close-out period to be eligible for ,I ',' reimbursement. (g) The Recipient must have an ~direct cost allocation plan approved by its cognizant federal agency or a letter from the cognizant federal agency stating it is not necessary to approve the indirect cost rate. A copy of the plan and the letter must be submitted to the FCMP along with the Quarterly Financial Claim Report in which reimbursement for the indirect costs are claimed. No funds will be reimbursed until this documentation is submitted to the FCMP. The amount of indirect costs 16 --"" ,-... '-" "-'" shown in the budget document and incorporated in the award is the maximum amount that can be recovered. The recipient agency is limited to recovery of the amount of indirect costs cited in the award , or those computed using the approved indirect cost rate, whichever is less. State agencies are exempt from this requirement. (h) 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 (17) 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 subject to available Coastal Zone Management Act funds and is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, FL Stat. or the Florida Constitution. (b) All bills for fees or other compensation for services or expenses shall be retained by the Recipient in detail sufficient for a proper preaudit and postaudit thereof. (c) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Fla. Stat. I' (d) The Department of Community"Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow pl,Lblic 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 Agreemènt. 17 .:-- .,-..... ~ '....,I (e) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be retumed to the Department or be applied against the Department's obligation to pay the contract amount. (f) 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 ("INA")]. 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. (18) LOBBYING PROHIBIT·rON. (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: 1. 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 eJ1!ering into of any cooperative agreement, and the " extension, continuation, renewal, amendment or modffication 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 18 -- ~""'""" '-" "-' 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. (19) COPYRIGHT, PATENT AND TRADEMARK If applicable to this Agreement, refer to Attachment I for terms and conditions relating to copyrights, patents and trademarks. (20) 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 this Agreement and bind Recipient to the terms of this Agreement. t . . (21) PUBLICATIONS AND AUDIOVISUALS (a) Before publishing or print!ng a final draft of any publication required under, or pertaining to this Agreement, such draft shall be sent to the Florida Coastal Management Program for review and approval (reports other than required Quarterly Subgrant Performance Reports and Quarterly Financial Claim Reports). , 19 , ~. - '-" '....., (b) Publications, printed reports (other than the required performance and financial reports), or materials must include the NOAA logo (logos can be found at the FCMP web site at: www.dca.state.fl.uslffcm or contact the FCMP to get a copy) and the following statement on the cover or first page: "A publication (or report) funded in part by the Florida Department of Community Affairs, Florida Coastal Management Program, pursuant to National Oceanic and Atmospheric Administration Award No. NA 170Z1118. The views expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida, NOAA or any of its subagencies." The next printed line shall identify the month and year of the publication. (c) Audiovisuals Recipients must acknowledge NOAA support on any audiovisual (e.g., movie, web site, video, slides, etc.) which is produced with financial assistance. Unless required under special terms of this Agreement, this requirement does not apply """ to audiovisuals produced as research instruments or for documenting experimentation or findings and which are not intended for presentation to the general public. The acknowledgment must not represent or suggest in any way that the views expressed are those of the Federal Government and must include the following explicit statement or its equivalent, except if clearly unnecessary or inappropriate because of the nature of the subject matter: "The opinions expressed in thi~.(e.g., movie, video, slides, etc.) do not necessarily reflect the views of the National'bce'anic and Atmospheric Administration: If the nature of the audiovisual is such that it is not intended for presentation to the general public, the following statement, or its equivalent, must be included in the work: 'The National Oceanic and Atmospheric Administration has not approved thiš' (eg., movie, video. slides. etc.) for presentation to the general public." The Recipient must receive approval from the FGJ1P and NOAA before its final 20 .., ,- '-" -..,; production and distribution of any audiovisual (e.g., movie, video, slides, etc.) funded under this Agreement. Please schedule at least thirty days for this approval. The Recipient must also provide the FCMP with shooting scripts and provide two (2) copies of the audiovisual (e.g., movie, video, slides, etc.) upon completion. (d) Sign Requirements for Construction Projects The Recipient shall cause a sign to be erected at the site of any construction project, and maintained during constructicn. The sign must be at least 2' x 3' in size and, in addition to the language shown below, include the NOAA, DCA and FCMP logos. Logos can be found at the FCMP web site at: W'MV.dca.state.f1.uslffcm or contact the FCMP to get a copy. Sign colors should complement the surrounding area. The following language is recommended: "Funding for this project was provided in part by the Florida Coastal Management Program, Florida Department of Community Affairs, by the Coastal Zone Management Act of 1972, as amended, Office of Ocean and Coastal Resource Management. National Oceanic and Atmospheric Administration, U.S. Department of Commerce." The next printed line shall identify the completion month and year of the project. This sign must remain at the site permanently. (22) STATEMENT OF FCMP FUNDING PERCENTAGE AND DOLLAR AMOUNT lNhen issuing statements, press releases, requests for proposals. bid solicitations, and other documents describing projects or programs fur¡¡jed in whole or in part with FCMP funds, all Recipients '.. receiving these FCMP funds, including but not limited to state and local governments, shall clearly state: (a) The percentage of the tótal cost of the program or project that shall be financed with FCMP funds; and (b) The dollar amount of FCMP funds to be expended on the project or program. 21 - ~ -- - ~ ..., '. For example: % of the total cost of this project is financed with funds through a grant from the Florida Coastal Management Program, Florida Department of Community Affairs, in the amount of $ (23) SUBSTANTIVE INVOLVEMENT A Recipient of this Agreement may not act merely as a "straw party" for another organization. The application must show that the Recipient plans to have substantive involvement in the project to be accomplished, not to act merely as a conduit of funds to another organization. However, applications may provide for third parties to perform certain project activities. (24) PROJECT CLOSE-OUT Project funds which have been properly obligated by the end of the subgrant funding period must be expended within forty-five (45) days. Any funds not expended at the end of the forty-five (45) day period wìlllapse and revert to the Department. A subgrant funded project will not be closed out until the Recipient has satisfied all close-out requirements in one final Financial Close-Out Package. A Financial Close-Out Package shall be submitted to the Florida Coastal Management Program within forty-five (45) days of the project ending date. The Financial Close-Out Package shall be submitted in the format provided on Attachment G. . 'I t . . . 22 .- '-" -- - -- "WI IN VVlTNESS VVHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Reci~~') . J>' ~?/7;:?_ T::~ ~ Name and title: F'r~nnip Hllrrhin<;nn r'hrtir - Rr'r' Date: 11 11 'J11 '" j- 1 .1 , ?On1 SAMAS # FEID# 59-6000835 BY: Date: 1,o?ß I ~"'1:~\\ /)h'1/ / qTE~~'b fr~<{:£~>&f~ t\. I vf/'·':',..... .'. .,..... .. ,~~P;¡~ ~¡~"'t t·:;,· " \~~~" . - Ii' . '. ¡~ þ'. . .' ~ t<n 1.1 Î i . , : \~ .>... :,:'. -": .-:'f/,i' t·~·~ (>:::'::":":W'~ ,"'. "~.l.... I.'r:'f CO~~·\ \' ~~..:o-~ Shirley W. Collins, Acting Administrator Florida C6ast~1 ~ænagement Program J , 23 ., """ AGENDA REQUEST ~ ITEM NO. C-9c DA TE: October 9, 2001 REGULAR [ ] PUBLIC HEARING [] . CONSENT [X ] f TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin 4 SUBJECT: Budget Resolution 01-239 for the $90,000 FRDAP Savannas Grant pass through to St. Lucie County BOCC by the City ofFort Pierce. · BACKGROUND: On August 11,2001 the Florida Department of Environmental Protection awarded $90,000 to the City of Fort Pierce for the S.avannas Recreational Area Phase 1. The City of Fort Pierce will pass the award through to the St. Lucie County BOCC, as per an interlocal agreement between the City and the County from October 13,2000. This grant requires a $30,000 local match, which has been budgeted in FY02 in the following accounts: 316-7240-563000-7650 and 316-7240-562000-7650. ~ · FUNDS WILL BE AVAILABLE: 316-7240-337910-7650 City of Fort Pierce pass through FRDAP Savannas Grant. PREVIOUS ACTION: NIA · RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution # 01-239 to appropriate and expend funds from the City ofFort Pierce pass through FRDAP Savannas Grant in the amount of $90,000. · f .. [x] APPROVED [] DENTED [ ] OTHER: CONCURRENCE: ¿on' County Administrator 4 COMMISSION ACTION: Coordination/S i gnatures County Attorney: XX :J¡/ W1 'J Management & Budget: XX~ f{'lhûJ Purchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) XX G' \ B UOG En WPIA GENOA' SlAgenda02\ 1 0'095 av anna _ HP. wpd '-' .....,I RESOLUTION NO. 01-239 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for S1. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the City of Fort Pierce in the form of a pass through FRDAP Savannas Grant in the amount of $90,000. 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 9th day of October, 2001, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2001-02, and the County's budget is hereby amended as t follows: REVENUES . 316-7240-337910-7650 City ofFort Pierce $90,000 APPROPRIATIONS 316-7240-546200-7650 316-7240-546300-7650 316-7240-562000-7650 316-7240-563000-7650 316-7240-599330-7650 Maintenance Improvement Projects Ground Maintenance Buildings Improvements OfT Buildings Project Reserve $10,000 $3,000 $25,000 $50,181 $1,819 . After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson :xxx Commissioner Doug Coward :xxx Commissioner Cliff Barnes :xxx Commissioner John D. Bruhn :xxx Commissioner Paula A. Lewis :xxx PASSED AND DULY ADOPTED THIS 9TH DAY OF OCTOBER, 2001. ATTEST: , BQARD OF COUNTY COMMISSlONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G .IBUDG Elì WPIAG ENDA'SIAgenda021 1 O'09Savanna_FTP. wpd ) \.,¡ P ARTNBtSHIP - INT8<LOCAL ~EEMENT BE1WEEN CI'TY OF FORT PIERCE and ST. LUcrE COUNTY (SAVANNA ~EATION AREA - FRDAP GRANT) '-" THIS AGREEMENT (the" Agreement") is made and entered into this ..l3- day of ~'De (" 2000, by and between the City of Fort Pierce, a Florida municipal corporation (hereinafter the "CityU), at1d St. Lucie County, a political subdivision of the State of Florida (hereinafter the "County"). WHEREAS, the County at1d the City are empowered to enter into interlocal agreements pursuant to Section 163.01, Florida Statutes; at1d, WHEREAS, the City requested the County's assistance through the Florida Recreation Assistat1ce Program (FRDAP) to help fund the construction of the Savanna Recreation Area (hereinafter the 'Project") in the amount of thirty thousand and 00/100 ($30,000.00) dollars; and, . WHEREAS, the Project is a!1 appropriate use of FRDAP funds. NOW, THEREFORE, in consideration of these premises at1d mutual covenants contained herein, the parties agree as follows: ARTICLE I. DEUVERY OF FUNDS ""J! - I 200/ The City shall disburse the FRDAP grat1t funds in theamount of ninety thousand and 00/100 dollars ($90,000.00) to the County for thè Project. The City shall disburse such funds to the County within thirty (30) days after the date the City receives the FRDAP funds. '. ARTICLE n. I, COUNTY RESPONSIBIUTY FOR"GRANT CONDITIONS In consideration of the City disbursing FRDAP grat1tfunds for the Project, the County agrees to assume responsibility for complying with FRDAP Agreement. In the event the State demands a refund of grat1t funds as a result of the County's failure to comply with such conditions, the County agrees to pay all funds to the State or Florida with interest within sixty (60) days after notification by the City of the State's refund demand. g: \atty\agrumnt\interfoc\psl-S4vanna FRt)AP 1 '-' ~ ARTICLE m. T8VA OF AGREEMENT This Agreement shall be effective begiMing on the date the fast party to this Agreement executes the Agreement and shall continue unless terminated herein. ARTICLE DI. ~ATION This Agreement shall terminate automatically upon completion of the Project and dose of the FRDAP grant or upon mutual written agreement of the parties_ ARTIClE V. NOTICES 4 All notices required or permitted to be given under the terms Cll'Id provisions of this Agreement by either party to the other shall be in writing Cll'Id shall be sent by registered or certified mail, return receipt requested, to the parties as follows: 4 As to the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 . As to the City: With a copy to: Fort Pierce City MCll'Iager 100 North U.S. Highway 1 Fort Pierce, Florida 34950 Fort Pierce City Attorney 100 North U.S. Highway 1 Fort Pierce, Florida 34950 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed rece;,ived on the delivery date indicated by the U.S. Postal Service on the return receipt. '. ARTICLE VI. VENUE Any litigation hereunder shall be brought in the applicable state or federal court in St. Lucie County, Florida. g: \Cltty\Clgr'eI:."nt\interioc\psl-=nCl FRDAP 2 \,,; -..."I ARTICLE VII. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. ARTICLE Ym. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 4 ARTICLE IX. W AIV~ There shall be no waiver of Cl1y right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be-_construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time. or of any other right under this Agreement. 4 ARTICLE X. INVALIDITY OF PROVISIONS . The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, _ provided that the material purposes of this Agreement CCl1 be determined and effectuated. ARTICLE XI. ACCESS TO RECORDS Both parties agree to allow either party. the State or the public, to access all documents, papers, letters or other material made or received in conjunctitln with the grant agreement. ARTICLE XII. WHOLE UNDERSTANDING This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other thein those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. g:\atty\agrumnt\inteMoc\psl-savanna FRDA? 3 '-" -...; ARTICLE XIII. AMENDMENTs The Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. ARTICLE 'XIV. EFÆCTIVENESS. This Agreement shall be filed with the C1erk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESs WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. f f ATTEST: Q~~,~~~. Clerk CITY OF FORT PIERCE, FLORIDA BY'~ Date: ~/.../.3-?~ o FORM AND ESS BY: City Attorney BOARD OF COUNTY COMMI.s.sIONERS ST. LV COUNTY , BY: /0/12-( () C Date: g: \atty\a~emnt\interloc \psJ- S4Vanna FRCA? 4 '-" g:\atty\agr'~emnt\intcMoc\¡lsJ-savann( FROAP 5 ~ BY: . . 4 I, ". .vDepartment of ....,; Environmental Protection Jeb Bush Go~emor Marjory Stoneman Douglas Building 3900 Commonwealth Boule~ard Tallahassee. Aorida 32399-3000 D¡~id B. Struhs SecreCU"y 4 August 16, ZOO I Mr. Paul Williams Administrative Assistant City of Fort Pierce Post Office Box 1480 Fort Pierce, Florida 34954 · Re: Savanna Rec. Area - Phase r FRDAP Project No. FOZ I 62 t Dear Mr. Williams: Thank you for your letter accepting the Florida Recreation Development Assistance Program (FRDAP) grant. The grant agreement has been prepared in accordance with your acceptance letter. It is important that you review the agreement to ensure that infonnation specific to your project is accurate. « Please execute and return both original copies of the agreem~nt. In signing the agreement, do not complete the blank space for the date_ Our staff will date the agreement when fonnally executed by the Department and one original copy will be returned to you. · Thank you for your attention to this matter. If you have any questions, please contact us at (850) 488-7896 or Suncom 278-7896. sm"~:,Æ l.u- ~ Community Assistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station #585 · MAlJlp . Enclosure "More Procecdon, Less Process" Pnntod on =rcJod paper. ~ ....,; F0152 DEP Contract Number CSFA Number: 37017 CSFA Title: FRDAP . FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROG~~ Project Grant Agreement - Development This Agreement is made and entered into this day of , 200__, by and between the State of Florida, DEPARTMENT f of Environmental Protection, hereinafter called the DEPARTMENT, and the City of Fort Pierce, hereinafter called the GRk~TEE, in furtherance of an approved public outdoor recreation project. In f consideration of the mutual covenants contained herein and pursuant to f section 375.075, Florida Statutes, and chapter 52D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Agreement shall be performed in accordance with section 375.075, Florida Statutes, and chapter 52D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE effective August 23, 2000, which is incorporated into this Agreement as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to this Agreement. f ,~ ., 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Savanna Recreation Area - Phase I (Florida Recreation Development Assistance Program, FRDAP Project Number F02162) , hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for the development of that,real property, the legal description of which shall be sub~~tted to the DEPARTMENT as described in the Florida Recreat~on Development Assistance Program Development Project Pre- Page 1 of 11 '-" ....,; reimbursement/Commencement Documentation Form, DEP Form FPS- A034. 3. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified by the DEPARTMENT if GRANTEE shows good cause: Playground, canoe livery/storage, renovation of observation tower, trail, parking; and other related suppor~ facilities. . 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRk~EE, funds not to exceed $90,000, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: f DEPARTM&~ Amount GRANTEE Match Type of Match $90.000 $30.000 12% £2.% . Cash and/or In-Kind Services 4 5. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre- audit and post-audit review. Within sixty (60) days after receipt of the request, the DEPARTME~~'S Contract Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A037, referenced in s. 62D-S.058(6)2(g), the DEPARTME~~ will approve the request for payment. 6. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE and incorporated into this Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted.'procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP funds disbursed under the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting 4 Page 2 of 11 '-' ....; documentation and minimum reporting requiremencs of the PROCEDURE shall be used. 7. Allowable indirect costs shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 8. Pursuant to s. 215.422, Florida Statutes, the Department's Project Manager shall have five (5) working days, unless otherÑise specified herein, to inspect and approve the payment requests for payment. The DEPARTMENT must submit a request for payment to the Florida DEPARTMENT of Banking and Finance within twenty (20) days; and the DEPARTMENT of Banking and Finance has fifteen (15) days to issue a warrant. Days are calculated from the date the invoice is received or the date the services are received, inspected, and approved, whichever is later. Invoice payment requirements do not start until a complete and correct invoice has been received. Invoices which have to be returned to the GRANTEE for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at (850)410-9724 or (800)848-3792. 9. In accordance with s. 215.422, Florida Statutes, the DEPARTMENT shall pay the GR&~TEE interest at a rate as established by s. 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless the GRANTEE requests payment. The interest rate established pursuant to "s. 55.03(1), Florida Statutes, by Comptroller's Memorandum Nö. .~2 (1999-00) dated December 2, 2000, has been set at 11.0% per annum or .0003014% per day. The revised interest rate for each calendar year beyond 2000 for which the term of this ,Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922-5942. 10. It is understood by the parties that the amount of this '}Agreement may be reduced should the Governor's Budget Office Page 3 of 11 '-' -.""I declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 11. PROJECT funds may be reimbursed for eligible pre-agreemenc expenses (as defined in s. 620-5.054(29) of the RULE) incurred by GRANTEE prior to execution of this Agreemenc as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree chac there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 4 4 12. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documencation Form, DEP Form FPS-A034, referenced in s. 62D-D.058 (6) (f) of the RULE, to the DEPARTMENT upon determining that the documentation complies with the RULE, the DEPARTMENT will give notice to GRk~EE to commence the development and approve the request for payment. 4 t 13. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of project construction and shall certify that it has done 50 to the Department by completing the Permitting Certification, FPS-A034, referenced in s. 620-5.058(7) (c) of the Rule. 14. This Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT elements on or before - . The GRANTEE may request up to two (2) one (1) year 'extensions from the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. Project must be completed within 5 years, or money may revert. 15. Project completion means the project is open and available for use by the public. Project must be completed prior co release of final reimbursement. Page 4 of 11 '-' ...",; 16. Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes; or If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Agreement; or . . If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perj ury, that the ent.ity or organization has complied with the provisions of this Agreement. f 17. A copy of the audit or attestation as required in Paragraph 16, shall be submitted to the DEPARTM2NT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. f 18. In addition to the provisions contained in Paragraph 16 above, the Grantee shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit-1, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment 1_ If the Grantee fails to receive a revised copy of Attachment 1, Exhibit-1, the Grantee shall notify the Department's Contracts Administrator at 850/488-7896 to request a copy of the updatted.... information. 19. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S non- compliance with this Agreement, the G~~EE will be all~wed a maximum of thirty (30) days to submit additional pert~nent documentation to offset the amount identified as being due Following receipt of an audit report identifying the DEPARTMENT. The DEPARTMENT, following a review of the Page 5 of 11 '-' ...",J documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 20. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from -any litigation, claim or audit that started prior to the expiration of the three-year retention pèriod. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the three-year retention period. I 21. The DEPARTMENT'S Contract Manager for the purpose of this Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRfu~EErs Liaison Agenc, as identified in the PROJECT application, or successor, shall act on behalf of the G~~TEÈ-relative to the provisions of this Agreement. The GRfu~TEE'S Liaison Agent,-shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. Any and all notices shall be delivered to the parties at. the following addresses: , . , Grantee Depart.ment Mr. Paul Williams tity of Fort Pierce Post Office Box ~480 Fort Pierce, FL 34954 Mary Ann Lee Dept. of Environmental Protection 3900 Commonwealth Blvd., MS 585 Tallahassee, Florida 32399-3000 f '. II '. 22. Prior to final reimbursement;' the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a porti0n thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. , 23. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. Page 6 of 11 ~ ...,; 24. This Agreement may be unilaterally canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access to all documents, papers, letters or ocher macerials made or received in conjunction with this Agreemenc pursuanc to the provisions of Chapter 119, Florida Statutes. 25. The DEPARTMENT shall also have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the material terms of this Agreement. The GR&~EE, upon such written notification from the DEP_~TMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amounc of money demanded by the DEPARTMENT. Interest on any refund shall be calculated and determined pursuant to Section 55.03(1) of the Flor~da Statutes. Interest shall be calculated from the date(s) of payment(s) to the GRANTEE by the DEP&~TMENT to the date repayment is made by G~~EE. . 26. The G~~~EE shall comply with all federal, state and local rules, regulations and ordinances in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to ensure that the GRfu~TEE'S contract will include the requirements of this paragraph in all subcontracts made to perform this Agreement. 27. Land owned by the GR&~TEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in Administrative Rule 62D- 5.059(2). Land under control other than by ownership of the GRANTEE such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum pe~iod of' twenty-five (25) years from the completion date set fo~th in the PROJECT completion certificate. All dedications ~ust be .recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 28. Failure to comply with the provisions of the RULE or the terms and conditions of this Agreement will result in cancellation of the Agreement by the DEPkqTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE Page 7 of 11 '-' ...,J or this Agreement a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period state in the written notice shall result in cancellation of the Agreement and may result in the imposition of the terms in Paragraph 25_ 29. In the event of conflict in the provlslons of the Rule, the Agreement and the Project Application, the provisions of the Rule shall control over this Agreement and this Agreement shall control over the Project Application documents. 30. If the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannoc be reasonably correcced within the time specified in the notice, the DEPkqTMENT shall cancel this AGREEMENT. . 31. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 32. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 33. No person on the grounds of race, creed, color, national origin, age, sex, marital status or ability level, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 34. Each party hereto agrees that ·it shall be solely responsible for the wrongful acts of its.. employees and agents. How~ver, nothing contained herein shall constitute a waiver by elther party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes. .' 35. The employment of unauthorized aliens by any GRANTEE is considered a violation of s. 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall be responsible for including this provision in all Page 8 of 11 '-' ....,¡ subcontracts with private organizations made to perform this Agreement. 36. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period or 36 months from the date or being placed on the convicted vendor list. 37. The Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable la~, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by law. 38. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or derault thereafter. 39. This Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual wr-itten agreement of the parties hereto. " .. 40. This Agreement is an exclusive contract and may not be assigned in whole or in part without the written approval of the Department. 41. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement Page 9 of 11 \"...- -.."J shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Agreement. THE REST OF THIS PAGE INTENTIONALLY LEFT BLfu~K Page 10 of 11 '. '-" ...".¡ IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ~o By: Division Director (or Designee) Division of Recreation and Parks Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 D~~e~o- Approved as to Form and Legality: This form has been pre-approved as to form and legality by Suzanne Brantley, , Assistant General Counsel, on June 6, 2001 for use for one year. DEP 42-058 Revised 05-18-2001 Page 11 of 11 CITY OF FORT PIERCE BY~~ Title: CITY MANAGER Address: Post Office Box 1480 Fort Pierce, FL 34954 I '-' ....",.,1 Attachment -1 SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of Environmental Protection (which may be r/tferred to as the "Department", "DEP", "FDEP' or ·Gramor", or other name in the cOnlract/agreement) to the recipient (which ma.y be referred to as the ·Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection. as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS" below), monitoring procedures may include. but not be limited to: on-site visits by Department staff. limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protecúon. In the event the Department of Environmental Protecúon determines [hat a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department [0 the recipient regarding such audit. The recipient funher agrees to comply and cooperate with any inspections, reviews. investigations, or audits deemed necessary by the Comptroller or Auditor GeQeral. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organizatioQ as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends 5300.000 or more in Federal awards in its fiscal YeM, the recipient must ha ve a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-13 3, as revised. EXHIBIT I to this agreement indicates Federal funds awarded through the Department of Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards. including Federal funds received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. . t 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. as revised. 3. If the recipient expends less than 5300,000 in Federal a;i(ar~.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 5300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-I33, as revised, the .east of the audit must be paid from non-Federal funds (Le., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). . 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at httc://asoe.os.dhhs. aov/cfda. PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1). Florida Statutes. - - - '-' ., B. The Federal Audit Clearinghouse designated in OMB Circular A-I33. as revised (the number of copies required by Sections .320 (d)(I) and (2). OMB Circular A-I33, as revised. should be submitted to the Federal Audit Clearinghouse). at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville. IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-l33. as revised. 2. Pursuant to Section .320(t), OMB Circular A-I33, as revised. the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-l33, as revised. and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Mary Ann Lee Rorida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee, Rorida 32399 Audit Din:ctor Rorida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Ronda 32399-2400 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: A. The Department of Environmental Protection at each of the following addresses: Mary Ann Lee Rorida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee. Ronda 32399 ~ Audit Director Ronda Department of Environmentai Protection Office of Inspector General 2600 Blair Stone Road. MS40 Tallahassee. Ronda 32399-2400 4 B. The Auditor General's Office at the following addres's: State ofFlonda Auditor General Room 574, Claude Pepper Building III West Madison Street Tallahassee. Florida 32302-1450 4. 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Er &4 ê: I'-> ~ 8 > § 3 0 c 8 ::. > - c"':=5 ~ æ,õC/] § ~": :; ... - o -. n '" ~ ~ õ' :: .... to.> 8 § 8 ":J': -:J ¡; z...""1;;- c :: ... 3"'" ~2 a- ... .. ;: ::I - 3 - Co <:II > ~ .. ... Co ,., Co Õ .." n ¡; c.. ~ := e. ~ €' ~ ... " ::I ;!. ~ CO ... '" c ~ Õ c"': ~ ""1 > V ~ > " g ~ c"': Q ::I <:II ~. '" ... ;; - ~ ë ! c"': ~ ""1 0 ::: > .. ;J ~ ñ ~. .., c ë. '" õ' . ... .., /0 Co '" ... !!. .., ... .. ~ " \ ~, 3 :'! ::I Q. ~. > ã c ::l > c"'::g '" ... en h 0 _ ~-::I '" o ::to (; -< ~. 0 ::I ..." - Z:'-=""1~ 5 ~ a.;: ::s -. n _ C"::;¡-._ ~ 3 e. ê ::I Co '" > ~ .. ... Co 2- .." Õ ... Q. !:¡ ¡; æ.. - €' ... ... ... ... ~ ::I ~ ... ;!. := :; :!! ! - ?:c"': ~ - .." - - S-~ ~ !:¡ > n g ~ c"': ª '" [ '" ... ;; - 2: õ c"': ! ""1 ~ 0 > ;J ñ .." E ê: ~ > 3 0 c ::l > c"'::g .. ... CI) ñ 0 - Iij-::l.. o :!. ¡; ~ g. ::I ë z 0 en > ~ > ::a ::::; t:'! 0 -i 0 - - m ::a m r: :3 m z -i -:: c: ;;;: en c: > ~ 0 - ¡¡; > a - ;::¡ ,-, ~ X ,-, m - :s: - - r:: c:: z - -i ..; ('J 0 - Z en ~ 0 ":1 :j t:i ":t . 0 4 c- c- o ~ Z 9 , .., ,~ - \w- AGENDA REOUEST .., ITEM NO. C- qd DATE: October 9, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] . TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS . SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin ~ SUBJECT: Budget Amendment BA02-101 in the amount of$5,648 to pay off the additional principal and interest for the Supervisor of Election loan from SunTrust Bank. BACKGROUND: On May 22, 1996 a SunTrust Bank Promissory Note in the amount of $454,301.00 was issued for the purchase of equipment for the St. Lucie County Supervisor of Elections. The 5-year Note was based on a 4.9% interest rate and 10 semi-annual payments of $51 ,892.30 including principal and interest. St. Lucie County BOCC repaid the entire loan in a timely manner with the last payment submitted before September 30,2001. At the payoff time SunTrust requested an additional $4,015.96 in principal and $1,631.73 in interest due to scrivener's errors in the Promissory Note. According to SunTrust, the errors were in the following items: the $51,892.30 semi-annual payment was quoted too low, and the semi-annual due dates were supposed to be 6 months apart, not February and September as stated in the Note. St. Lucie County Financial Advisor, Mr. Bill Leedy, and County Attorney, Mr. Dan McIntyre, both recommend that the additional principal and interest are paid off as requested by SunTrust Bank. ~ f FUNDS AVAILABLE: N/ A ~ PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Amendment BA02-101 in the amount of$5,648 to pay off the additional principal and interest due on the Supervisor of Election's equipment loan from Suntrust Bank. I [xl APPROVED [] DENIED [ ] OTHER: . COMMISSION ACTION: ./ ug Anderson nty Administrator Coordination/Signatures CO?':ty Attorney: XX ,~ M:magemeot & Budget: ~ Puroh";og: Ongmatmg Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) XX G :\B UDG ET\ WPIAG ENDA'SlAgenòa02\ I O'09S0Eloan wpd ~ \,..t 'wtI BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB PREPARED DATE: October 3, 2001 AGENDA DATE: October 9, 2000 , , ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-1910-571100-100 Principal-Notes $4,016 001-1910-572000-100 Interest $1,632 FROM: 001-9910-599100-800 ContinQencv $5,648 REASON FOR BUDGET AMENDMENT: To payoff additional principal and interest to SunTrust Bank as per invoice dated 09-11-2001 and recommendations from the Countv Financial Advisor, Mr. Bill Leedy, and County Attorney Mr. Dan Mcintyre. CONTINGENCY BALANCE: $1,000,000 THIS AMENDMENT: , ($5,648) REMAINING BALANCE: $994,352 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET A·.1 :::NDMENT #: BA02·101 DOCUMENT # & INPUT BY: G:\BUDGET\QUA TTRO\G E~; ERAL IFORMSIAMENDM02.wb3 DEPARTMENT Approved Budget Proposed action: '-' """ FISCAL YEAR 2001-2002 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $994,352 ITEM ACCOUNT # Contingency 001-9910-599100-800 Reserved for Supervisor of Elections Total used: Balance Available Supervisor of Elections Loan payoff to, Suntrust Bank Balance Available After Proposed Action: G:IBUDGETlOUA TTROIGENERAL IFORMSIAMENDM02.wb3 AMOUNT 1,107,452 $107,452 107,452 1,000,000 5,648 994,352 DATE 10/01 10/09 ¡ ~TRUST ,,~ .....¡ It!·.., r_ "--..i ",;"¡.':-",':"i.: fnU:"IT" ~ '-', ~ :-,~. --.....~_r.J, j I r SUNTRUST BANK, SOUTH FL '- - ,. r·· COMM CR SVS/FL-HOLLYWOOD-10zAl S::::J '7 Ç."I POBOX 406400 ~', 1111:04 FORT LAUDERDALE, FL 33340-6400 .....J Commercial Loan Invoice -- ST LUCIE CO BOARD OF CO COMM ATTN FINANCE DEPT 2300 VIRGINIA AVE FT PIERCE FL 34982 1~\t.P~0·§~~1 1 iòii>¿~No ::{," 13-10001 THANK YOU fOR YOUR BUSINESS. ANY QUESTIONS PLEASE CALL 1-877-470-4814. .. ft~~~~~M;-:'·jr~*i}ð~,t~~~~~Y~@§~·;:¡::~~~J·;:t"·~: .<'¡~~~~~~St~:·..·.:..·· 8453517090 26 PAST DUE 4,015.96 PRIN 10-01-2001 4,015.96 .00 PRIN ADJUST 14.13 INTEREST PAST DUE 1,613.26 INTEREST 09-01-2001! 09-30-2001 4,015.96 4.90 16.40 INTEREST , , 5,631.49 TOTAL X '='-'? ~(. 11 .+ x: 11 -'~ " .~ :;\ ":) -::J . ~ ~ . ~ ~ :) 7\ . :- " >'\ ,,\ -:J ='~ . ¢ . . ',0 . . .<'\ . ", 0 0 "Ì <:::> ~ ·0 7\ :;\ * ::) u·* -:J ® 4,.J j . ':J 5¡- 1':531·'(.:5r- @ j,j [~I . ö );, a --=- ~ --to::-!'" ..+~ ~ 2 ~~ ..g -:-+ 'í: ç v ~ i-~ ~ q -~.- ù·* SUNThUSTf Commercial Loan Invoice ::): Ci~~ :_b.~tc·:-:~::/ ::"<"., ';:::~.irltt-~¡";Ó~::::.:" t ·:::.:~:<:þt:ï-c:;: ~,;);>~.<~:: J ..-........... .. \ ST LUCIE CO BOARD OF CO COMM ATTN FINANCE DEPT 2300 VIRGINIA AVE FT PIERCE FL 34982 " 10-01-2001 PRINCIPAL DUE INTEREST DUE FEES DUE ." .rOTÀÙ·AM(JÙNTnUE . -... ......... , , SUN TRUST BANK, SOUTH FL COMM CR SVS/FL-HOLLYWOOD-1031 POBOX 406400 FORT LAUDERDALE, FL 33340-6400 TO AVOID ADDITIONAL CHARGES, PAYMENT MUST BE MADE BY THE DUE DATE. CLX10:! 1110::1 11 13 4002 8453517090 00026 0110027539 00000000563149 3 '-' ...J INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: FROM: Marie Gouin, Management & Budget Director Daniel S. McIntyre, County Attorney ~ C.A. NO. 01-2279 DATE: September 28, 2001 SUBJECT: SunTrust Loan Payoff Discrepancy ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- Thank you for your memorandum of August 29. I have reviewed the background information attached to your memorandum. I have also discussed the issue with the County's Financial Advisor and Bond Counsel. A copy of an E-mail dated September 26, 2001 from Mr. Leedy is attached. Based on my review, I recommend that the County pay the additional money requested by SunTrust. If you have any questions, please let me know. DSM/caf Attachment Copy to: - I 2001 Board of County Commissioners County Administrator Finance Director B. Leedy (w/o attachment) R. Freeman, Esq. (w/o attachmeryt) J I "" '\,.- - , .. . '" / ~ -...""I AGENDA REQUEST ITEM NO. C-ge DATE: October 9, 2001 REGULAR . PUBLIC HEARING [ CONSENT [XI , TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Interfund Loan to South County Sports Stadium Project 1 I BACKGROUND: During the FYOl budget preparation the Parks and Recreation staff advised this office they expect to sell "pouring rights" and to receive corporate sponsorships totaling 5115,500. They further stated that the entire amuunt would be paid to the county over ten years. This office was directed to budget the anticipated loan and expenditures in the amount of $115,500 with the understanding that the annual revenue would be pledged to repay the loan. Due to delays in obtaining signed contracts for the pouring rights (attached) and sponsorships it was not possible to secure a loan by pledging the 'anticipated' annual payments as collateral. The fund is now in the deficit and in need of a loan. This office has analyzed the matter and recommends the Board authorize an interest-free, interfund loan from the General Fund rather than obtaining a commercial loan. This recommendation is made for the following reasons. I) The amount needed is small ($107,250) and the General Fund can easily advance this amount. 2) Assuming a loan over the next 9 years (the first payments have already been received) at 5.75%, the county would receive $107,250, but pay a total of $141,299.28. (See attached amortization schedule) 3) Receiving $107,250 over 9 years is equivilent to a net present value of only $64,844.62. (n=9, P=$I07,250, i=5.75) It is clearly in the Board's best interest to advance' the,$l 07,250 from the General Fund to the project and recover the 'loan' through the remaining nine annual payments. If the Board approves this loan it will be recorded by the Finance Department as having taken place before the end of Fiscal Year 2001 to preclude the fund closing with a negative balance. FUNDS AVAILABLE: Fund 001 - General Fund (General Ledger activity only) PREVIOUS ACTION: NA RECOMMENDATION: Staff recommends the Board of County Commissioners approve an interfund loan in the amount of$107,250 from the General Fund to the South County Regional Sports Stadium Fund to be repaid through nine annual payments for pouring rights and advertising. ~/ v '-' COMMISSION ACTION: NCE: [X] APPROVED [] DENIED [ ] OTHER: oug Anderson County Administrator , Originating Dept: Coordination/S i gnatures Management & Budget: xx&P ~ Purchasing: Public \Vorks: Other: Parks & Rec XX Fina¡¡ce: XX (Copv O¡¡[v) 4 County Attorney: XX 1 , .. '-' ...., SOUTH COUNTY REGIONAL STADIUM AGREEMENTS STATUS UPDATE -.......... Status of Aghement Corporation Amount of Sponsorship Harbor Federal S2,500 donation Edlund & Dritenbas S500 x 10yrs=$5,000 Morgan, Stanley, Dean Sl,OOO Garrison Frohlich & Assoc. S500 x 10yrs=$5,000 FP & L S500 First Nat'l Bank & Trust S2,500 donation Pepsi-Cola S10,000x10yrs=S100,000 Musco Lighting S500 x 10yrs=$5,OOO St. Lucie Mets S500 > FP&L 525,000 donation . Culpepper & Terpening 53500 donation State Farm S1500 x 5yrs=S7500 The Country-Store 5250 x 10.yrs =$2500 Lawnwood Regional SI,OOO ANTICIPATED TOTAL 5161,500 . Payment received & BOCC approved Received payment & BOCC approved Payment received & BOCC approved Received payment & BOCC approved Payment received & BOCC approved Payment received & BOCC approved Contract approved "Waiting on agreem. & pay./due June l't . Received payment & BOCC approved Donation received Aug. 1, 2000 Payment received September 27th Received signed agreem. & first payment Received signed agreem. & first payment Received signed agreem. & payment ~ ACTUAL $ RECEIVED The Country Store Morgan, Stanley, Dean Harbor Federal Edlund & Dritenbas Garrison Frolich FP&L First National FP&L Culpepper & Terpen. St. Lucie Mets Pepsi-Cola State Farm Lawnwood Medical Rcvised: April 10, 2001 GUARANTEEDFUTURESPER SIGNED AGREEMENT S2250 o o 4,500 4,500 o o o o o 90,000 6,000 ...L FJ : 5107,250 S UiVI MARY S 250 1,000 2,500 500 500 500 2,500 25,000 3,500 500 10,000 1,500 1.000 S 49,250 " ------... ~¿a,"f:l/ .~ ¿.~ µ '1 , \wi ...,ICoì~)ßÛ POURING RIGHTSfVENDING AGREEMENT THIS AGREEMENT made and entered into this 16'" day of May. 2001, by and between St. Lucie County, a political subdivision of the State of Florida (the "County") and Bottling Group, LLC dfbfa The Pepsi Bottling Group ("Pepsi"). , WITNESSETH: ; WHEREAS, pursuant to St. Lucie County RFP No. 01-016. the County has awarded Pepsi the exclusive right to provide premix, bottle drinks or non-alcoholic beverages in vending machines at the listed specified locations outlined on Exhibit A attached hereto ("Locations"). i NOW, THEREFORE, in consideration of the benefits which will accrue to both the County and Pepsi from the terms and conditions of this Agreement, it is agreed by and between the County and Pepsi as follows: Definitions J As used in this..Agreement, the following capitalized terms shall have the respective meanings assigned thereto b-::low: . "Beverage Products" shall mean Postmix Products and B&C Products. "B&C Products" shall mean soft drinks, teas. juices and water as listed in Exhibit B which may be amended by Pepsi from time to time. "Competitive Products" shall mean any and all beverages other than,the Beverage Products. "Postmix Products" shall mean soft drinks, teas and juice products as listed in Exhibit B which may be amended by Pepsi from time to time. I "Year" shall mean each 12-month period during the Term cOmmencing on the first day of the Term or an anniversary thereof. I. County Obligations. A. Exclusive Vending and Dispensing Rights. During the term of this Agreement. County hereby agrees to permit only those carbon.ated soft drinks, isotonics. fruit juices and fruit drinks ready- to-drink teas and water Beverage Products which are distributed by Pepsi to be sold or otherwise served at the , . . . Locations. The Products shall be offered for resale onfy' through Pepsi identified vending machmes. V1S1 coolers. and other mutually agreed beverage dispensers. The County Hereby represents and warrants, and undertakes to ensure, that the Beverage Products shall be the exclusive beverage products advertised. promoted, identified. offered for sale or otherwise made available at the Locations during the term of this Agreement. B. Placement and Operation of Equipment. Pepsi shall have the e.'{clusive right to install full service beverage vending machines ("Vending Machines"). retail single-serve food service beverage equipment ("Retail Equipment") and fountain service equipment ("Fountain Equipment") (Vending \!achines. G;\ATì'f\AGREEMNT\?E?SI COLA 00 -1- '-" "-' Retai~ Equip.ment and Fountain Equipment shall be collectively referred to as ("Equipment') at the Locations. PepsI shall Install the Equipment at its sole expense. Pepsi shall have the right to place full trademark panels on all sides of its Equipment. Pepsi, or one of its affiliates, shall retain title to all Equipment. C. each Year, as follows: Advertising Rights. In addition, the County will provide advertising opportunities . Four announcements on P A system during games 8 x 10 Sign Promotional Night Advertising at all events Major sponsorship at an individual event Web page promotion Tailgate party at a game of choice 8 seasonal tickets to events at the stadium Reserved parking Foursome tickets for Leisure Services golf tournament J 2. a<; follows: Pepsi Obligations_ In consideration of the rights granted under this Agreement, Pepsi agrees ] A. Exclusive Rights Pavment. Pepsi shall pay the County ten thousand and no/1 00 dollars ($ I 0,000.00) per year (the "Exclusive Rights Payment") for ten (10) years. The first payment to the County shall be due upon the execution of this Agreement by both parties. Thereafter, payments shall be due annually on or before April 1 of each year of this Agreement beginning May 1,2002. B. Scoreboard. As further consideration und~r this Agreement, Pepsi shall provide a new Model MP-350 Electro-Mech Scoreboard Co. scoreboard or an equivalent agreed to by the County valued at nine-thousand seven hundred dollars (59,700) ("Scoreboard Fee"). The scoreboard shall be delivered to the County at the Treasure Coast Regional FootbalVSoccer Stadium at no cost to the County within 6 weeks of the execution of this Agreement by both parties. Upon delivery of the scoreboard, Pepsi shall transfer ownership and warranty of the scoreboard to the County by appropriate document of title free and clear of all liens and encumbrances. Thereafter, the County will be responsible for the installation and maintenance of the scoreboard. " C. Commission. Pepsi agrees to pay to the County thirty percent 30% commi~sion of all cash collected by Pepsi from the Vending Machines placed at the locations {"Commission"). Payment shall be made monthly by the 30th of each month. Ini¡.ially, the price for all beverages purchased from the Vending Machines shall be S 1.00. Pepsi agrees to shut off ac,çess to its Vending Machines during any time a County authorized beverage concessionaire or not for profit org"ånizations are operating beverage concessions/sales at the St. Lucie County Civic Center. Lawnwood Complex, and South County Regional FootbalVSoccer Stadium. .. D. Beverage Prices. I. Pepsi agrees that the initial price for Postmix Products and B&C Products provided under this Ag:reement are listed on Exhibit B and shall remain fixed for one year from the Effective Da;e of this Agreement. Any pricing changes thereafter shall be co~munica.ted to G: 1..1 iïYIAGREEMNT\PEPSr COLA co -2- '-' '~ the County but in no event shall any such price increase exceed the pricing for comparable beverages sold by Pepsi elsewhere in the Treasure Coast area. 2. The initial selling price for B&C Pr~ducts purchased from the Vending Machines shallbe S1.00. Any incre~es in the vending beverage price must be approved by the County provIded however, that this approval shall not be unreasonably withheld. 4 . E. Additional Consideration. Pepsi agrees to provide the County. free of charge, for each year dunng the tenn of the Agreement, the following, upon receiving ten (10) days written request: 1. Fifty (50) cases ofB&C Products 2. Fifty (50) promotional t-shirtS 3. Use of special event trailers four (4) times per Year 4. Five (5) pre-printed banners 5. Free standing coolers, as needed 6. New menu boards, as needed I F. Soft Drink Disoensing Equipment. I. Pepsi shall provide and maintain all Equipment at St. Lucie County Civic Center, Lawnwood Complex, and South County Regional FootbalVSocc::r Stadium to the satisfaction of the County. Pepsi shall also furnish, install and maintain any additional Equipment as detennined by the County throughout the tenn of this Agreement. Pepsi shall provide additional serviœ on an as needed basis within a not to exceed two (2) hour response time. Pepsi shall replace, within two (2) hours of notification, and at no charge to the County, any defective piece of equipment owned by Pepsi to insure an effective operation. Pepsi shal! clean the lines of the Fountain Equipment every one hundred and twenty (110) days. 2. Pepsi shall service the Vending Equipment which shall include but not be limited to (i) filling the Vending Machines with non-alcoholic beverages and insuring that each Vending Machine has an adequate supply of non-alcoholic beverages for the demand at the particular Vending Machine location (ii) collecting the money from the Machines (iii) insuring that the Vending Machines operate properly and (iv) Promptly responding to customer complaintS. Pepsi shall be responsible for any refunds due customers. I I G. Payment for E:åsting Equipment. Pepsi agrees to pay the County for the existing scorecards, mural and marques in the amourÚ of ,nineteen thousand one hundred thirteen and 74/1 00 (S 19, 113.74) dollars ("'Equipment Fee"). Said monib snall be paid upon the execution of this Agreement by both parties. 3. Audit. Pepsi shall maintain during thé term of this Agreement all books of account. repo!1S. and records customarily used for Vending Machine sales to document the amount of the Commission due to the County for Vending Machine sales. Pepsi shall allow the County Administrator or his designee or the auditors of the County to inspect all or part of the compilation procedures for these books. All such records shall be available to the County Administrator or his designee and the County's auditors at a reason:lble location and upon rea:;onable notice to Pepsi in SL Lucie County. Florida for J period of five years afrer the end of any Agreement Year. G\ATTY\AGREEMNT\p",?Sr COLA 00 -3- '-' '...J . 4. . Public Records. Pepsi shall allow public access to all documents, papers, letters, or other matenal subject to the provisions of chapt=r 119, Florida Statutes, and made or received by the County in conjunction with this Agreement. 5. Contact Persons. The Contact Person for the County is the Pete Keogh at (561) 462- 1512. The Contact Person for Pepsi is James Artis at (561) 878-07ï0. . . The parties shall direct all matters arising in connection with the pèrformance of this Aareement, other than invoices and notices, to the attention of the Contact Persons for attempted resolution ~r action. The Contact Persons shall be responsible for overall resolution or action. The Contract Persons shall be responsible for overall coordination and oversight relating to the performance oi this Agreement. 6. Taxes. Pepsi shall be responsible only for the. payment oi taxes on the sales oi Products through Vending Machines on the Locations. Pèpsi shall not be responsible for any common area or similar charges relating to the Vending Equipment. 7. Licenses. Pepsi shall bè I:censed by St. Lucie County, State of Florida, and any other agency which licenses· its business, and shall bè responsible for obtaining and/or complying with all permits, codes, or other applicable laws in the discharge o(all its responsibilities under this Agreement. 8. Pavments. Pepsi shall make all payments due under this Agreement to the following: St. Lucie County Leisure Services Department 2300 Virginia Avenue Ft. Pierce, FL 34982 9. ("Term") . Term. The term oi this Agreement shall begin on April 1,200 I and end on March 31,20 II 10. Risk of Loss: Vandalism. Except as is reasonably attributable to the acts or omissions of County's personnel or other contractors. Pepsi shall bear the risk oi loss to the Vending Equipment and any B&C Products or monies contained therein irom theft or vandalism while the Vending Equipment is located at the Locations; provided, however. that in the event of repeated or significant theft, vandalism, destruction or loss, without limitation, Pepsi shall specifically have the right to remove or move any piece of Vending Equipment. I II. Termination. I . A. Countv. The County may téiminate this Agreement without notice upon the occurrence of any of the. following events: (I) institution of proceedings i'n voluntary bankruptcy by the Pepsi: (2) institution of proceedings in involuntary bankruptcy against the Pepsi if such proceedings continue for a period oi 90 days: (3) assignment by Pepsi for the benefit of creditors; (4) abandonment by Pepsi of, and discontinuance of operations hereunder. The County shall have the right to terminate this Agreement after 30 days written notice sent by registered or certified mail to the Pepsi, oi the occurrence of one or more of the following. unless the same shall have been corrected within such period. G:\ATIY\AGREEMNTVEPsr COLJI 00 -4- '-' ""'" (I) Non-pe:rformance of any covenant of this Agreeme:nt and failure of the Pe:psi [0 remedy such breach. (2) The conduct of any business or the merchandising of any product or service not specifically authorized herein. . . B. Pepsi. Pepsi shall have the right upon 30 calendar days written notice to the COUnty to termmate thIs Agreement at any time after the occurrence of one or more of the following events. I. Issuance by any court of competent jurisdiction of any injunction substantially restricting the use of the facilities for commercial purposes, and the: remaining in force of said injunction for a period of more than 90 calendar days. 1 ') A breach by the County of any of the terms, covenants. or conditions contained in this Agreement and the failure of the County to remedy such breach for a period of 30 calendar days after receipt of written notice sent by registered or certified mail from the Pepsi of the existence of such breach. In th~ event of termination by Pepsi under this Section I I(B), Pepsi shall, without prejudice to any other right or remedy available to Pepsi. obtain (i) a reimbursement from the County of any unearned annual Exclusive Rights Payment paid by Pepsi to the County for the Year in which such termination occurs. The amount of such reimbursement shall be determined by multiplying the annual Exclusive Rights Payment paid in the Year during which such termination occurs by a fraction, the numerator of which is the number of months remaining in such Year at the time of such termination and the denominator of which is twelve (ii) a reimbursement from the County of any unearned Scoreboard Fee paid by Pepsi to the County. The amount of such reimbursement shall be determined by multiplying the Scoreboard Fee paid by a fraction, the numerator of which is the number of months remaining in the Term at the time of such termination and the denominator of which is one-hundred twenty and (iii) a reimbursement from the County of any unearned Equipment Fee paid by Pepsi to the County. The amount of such reimbursement shall be determined by multiplying the Equipment Fee paid by a fraction, the numerator of which is the number of months remaining in the Term at the time of such termination and the denominator of which is one-hundred twenty. C. Without Cause. Either party may terminate this Agreement without cause upon 30 days prior written notice, provided however, that if the County terminates this agreement without cause, the County shall reimburse Pepsi any unearned fees in accordance with Section II (B) above. If Pepsi terminates this Agreement without cause, Pepsi shall not be entitled to any compensation by the County. I 12. Buv-out of Scoreboard. In the event that (i) this Agreement is terminated by either party prior to natural expiration of the Term, then. tHe County shall, at the County's election, either purchase the Scoreboard from Pepsi in accordance with this sectio~ or-permit Pepsi to enter upon the Premises and remove and take possession of the Scoreboard. In the event that the County elects to purchase the Scoreboard, the County, shall purchase the Scoreboard from Pepsi at its then present value, as determined on a pro-rata basis (assuming a standard 30-day month) based on the amöuÌ1t of the Scoreboard which is "earned" by the County to date under this Agreement. The initial value of the Scoreboard shall be deemed to be $9,700.00 and the Scoreboard shall be~deemed to be '·earned" by the County through full compliance with the terms of this Agreement at a rate of S80.83/month. 13. Rights upon Termination. Upon termination of this Agretmtnt by either party, the County shall permit Pepsi reasonable access to the Locations, free from any claims of trespass. for purposes of Gc\;\1ïY\AGREEMNn?E?Sr COLA 00 -5- '-'" -.".I rem~vin? the Ve~ding Equipment and any other Pepsi property at the Locations within thirty (30) days from te~In~tlOn. of this ~greement. Pepsi shaII use its best efforts to leave each equipment site in the condition in which It eXI.sted pnor to placement of the Vending Equipment, excepting reasonable wear and tear and any damage whIch may have occurred which was reasonably beyond Pepsi's control and/or anticipation. 14. Insurance. Commercial General Liabilitv: Pepsi shall maintain and, prior to commencement of this Agreement, provide the County with evidence of commercial general liability insurance to include: 1) ~remises/0'pe:ations, products/completed operations, (including XCV hazards) and personal and advertising injury for limits of not less than 5 [.000,000 per occurrence; 2) fire damage for limits of not less than 5 I 00,000 per occurrence; 3) medical payments for lirruts not less than 55,000 per person and 4) a general aggregate limit of not less than 52,000,000. The policy shaII also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an ~dditional insured. Business Automobile Liabilitv: . Pepsi shall maintain and, prior to commencement of this Agreement, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than 5 1,000,000 combined single limit (bodily injury & . property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County wìll be given a thirty (30) day written notice of cancellation or non- renewal and include County as an additional insured. Workers' Compensation and Emplovers Liabilitv: Pepsi shaII maintain and, prior to commence of this Agreement, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than 5500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal. 15. Indemnification. Pepsi agrees to indemnify and save the County (and its directors, officers. employees and agents) hal111less from any liability, losses, damages. judgments. liens. expenses and costs (including, without limitation. reasonable attorneys' fees) sustained or incurred in connection with any claims. demands, suits. actions or proceedings made or brought against any such party as a result of any negligent act or omission of Pepsi (or its directors, officers, employees and agents) in the perfol111ance of its obligations under this Agreement. The indemnifications contained herein shall survive the exp.iration or termination of this Agreement. 16. Assignment. Neither party may assign this Agreement without the express written consent of the other party. , 17. Verification of Employment Stat~s. 'Pepsi agrees that it shall bear the responsibility for verifying the employm~nt status under the immigration Refol111 and Control Act of 1986, of all persons it employs in the perf 01111 an ce of this Agreement. 18. Non-Discrimination. Pepsi covenants and agrees that Pepsi shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure. terms, conditions or privileges of employment. or any matter directly or indirectly related to employment because of age, ~x or physical handicaps (except where based on a bonafide occupations qualification); or because of marital status. race. color, religion. national origin or ancestry. G:\ATTY\AGREEMNT\?E?Sr COl.A 00 -6- "'-' ....., . 19. . Notice. Any notices submitted or required by this Agreement shall be sent by recris¡ ~d _ certIfied mail or hand delivered to the parties as follows. - " er, 0, To the County: With a Copy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Ft. Pierce, FL 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Ft. Pierce, FL 34982 . I I St. Lucie County Leisure Services Director 2300 Virginia Avenue Administration Anne;~ Fe. Pierce, FL 34982 To Pepsi: With a Copy to: Pepsi Bottling Group 635 Northwest Enterprise Dr. Port St. Lucie, FL 34986 Bottling Group, LLC d/b/a The Pepsi Bottling Group One Pepsi Way Somers, NY 10589 Attn: Vice President and Associate Gener:.! Counsel 20. Attorney's Fees and Costs. In the event of any dispute concerning the terms and conditions of this Agreement or in the event of any action by any party to this A~ement to judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, subject to the provisions of Section 768.28, Florida Statutes and in no way altering the extent of the County's liability under 768.28. Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs. fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney. paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whethe, suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. I I 21. Dispute Resolution. Any disputes relating to interpretation of the terms of this Agreement or a question of fact or arising under this Agreement shall be resolved through good faith efforts upon'the part of the Pepsi and the County or its Project Manager. At all times, the Pepsi shall carry on the work and maintain its progress schedule in accordance with the requirements of the Agreement and the determination of the County or its representatives, pending resolution ofthe-dispute. Any dispute which is not resolved by mutual agreement shall be decided in accordance with Section 22 below. 22. Mediation. Prior to initiating ~y litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parries. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or anv testimonv or argument introduced at the mediation , ,- shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. G:\Aõ'i"Y\AGREEMNn?E?sr COLA 00 -7- '-' ......, 23. Interpretation: Venue. 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 govemed 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 SL Lucie County. Florida. for claims ~nder state law and the Southern District of Florida for any claims which are justiciable in federal court. j~ AT ~~~ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers and their respective seals hereunto affixed the day and year first above written. ~~.,~:\. Þ ::~:>U:~.(;::·\ BOARD OF cOU~TY COMMISSIONERS ..,. ""- ..., ',.7. /~ T' /.:'<...../ '-~:~;, .~..:.:_,\ ·ST C~E;,- U~TY, F IDA l ¡., -. . ...... '- ?, . , ~' :¡ . .l¡t~ :--:! 'F=~', t':".".Þ. ~ .." "" ' ./,' . ,,;,' :.:;; ,,:.... ': .~'~ ¡ :.::}' . ! / 6 ,/ : . ...." :'< BY, /:> !..d.,. . ". ..~ .;..:.<N:·· . . , eputy Cler%.. "."":':''?'~~:'''j;, Cham~~j} l ~':;~'.~~'~' .::.:>;::;.:...~~. f~A7 .<.~. --... --¥ '.....;;,~ . 1 APPROVED AS TO FOR\-! AND CORRECTNESS: BY: ~~ ~. County Attorney BY: ---::- Print Name: \ \~ '\ Title: ~ \ '<t' r~ (j , c I I BOTTLING GROUP, LLC d/b/a The Pepsi Bottli g Grou l.-----...... \ \ G: \,0\ TTY\,o\GREE.....NT\?E?Sr COLA 00 -8- '-" >",J EXHIBIT "A" LOCA TIm'iS Premi;v'bonledlbag in the box: Lawnwood Recreation Area Vending: ~ Lawnwood Recreation Area Lawnwood Tennis Courts Lawnwood Maintenance Shop Lawnwood Baseball #2.3.4 Lawnwood Softball #2,3 Waveland Beach Savannas Campground Lincoln Park Community Center Fort Pierce Community Center South BeacttBoardwalk Lakewood Park Recreation Area Civic Center Pepper Park South County Annex White City Park Open Space Pool PSL ~ool Paradise Park Pool Maravilla Park River Park Marina Village Green Fort Pierce Courthouse Juvenile Court Facility South County Regional Stadium I I ¡ G:\A m\AGREEMNTìPE?Sr COWl 00 -9- . . . . . . . ,.... . * n r-o N N N N I ~ () * 0 >---¡ 0 0 0 0 ... ~ CD 0 0 0 0 Ë >---¡ N I ~ CD ~' ~ N N N .N I 4 PJ (þ SA ;:t> > >-:ï:j (J U"1 >--4 ,.... . 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(t) N N I C/'1 v ..þ.. ..þ.. >-c; . 0 ~ r+ U U i >-'0. ~ 0 0 0 - r+ ~ ::: >-'0. (1) ("""'!- r+ >< ~ ("""'!- (J1 >---' --' i = (1) ~ H CJq () t;:: U"1 !i .... C/1 i >-i.. ~ - ~ ~ '= "!J- -10- \wi ......., . . '-' ..., TH·E NAME FAX TEL 06/14/2aÐl 14:45 DATE, TIME FAX NO. hlAME DURATION PAGECS) RESULT MODE 06/14 14:36 814878265948 00:08:26 11 GK STAND~D ECM . ~ .. . I I ~ I / I I "' \.; Fax To: Tim Bradley Of: Pepsi Bottling Co. Fax: ( 407)826-5948 Phone: ( 407)826-5990 Pages: 11, including this cover sheet. Date: June 14,2001 \ I . . "...", -¡ From the desk of... s: Lucie County SOCC ' Pañ\s & Recr 2300 Virginia Ave. Fort Pierce. FL 34982 ::'ø...rS:'. ....'~^ . ,~;.;. ;:J, ... I.. ...._ DCTPX:.o\..L:.SJØ C ~""""\J ~ :r~~~ tI \.AIJ't::t u ......~I œ CCZJl&":"d orl"';,ro Q:IIc I(U "':J~~'IP'QII""( Cl:;Ir"YQTtJlO.2"CC Cf11II{r~ ~ø.A:~::J'" ì¥1 ~~. l"AIr a.xTJ'-.:a... :IOU aQl ~~. a-vr, œ lJ..1'Et 'TMf ~ ~ ~ì)f! ~..Jt.J<A":)"C/!Z"ÞI. 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LWllUiY"'L:TONOOIŒ LlAIõlUiY ~ REQL:lRE;J!r." CCNlJI!.IoCT wn; * MII~D ~UREO, .. 5>, LOCIiõ CQ...1ITY A TIH: U~ 8RQW :no: 'N!CiNIÅ A\&=N!:J' IT. PlER'::E" FL 34OE2 :I>ICILU~:#'M 'O,;Qf&~~'" '1 ~!D'~T'I"I tp....~c.n1 ~ø M....., ~O""'~ "'':' ~ 10,.,.." ~=-~~1iC""Cf r...",., ~n7'W-..n.__........o~-.sT"""UK ..~...........,..JCIInCII'.....,,~toðt'lll..l"'·_QIt :.......'TT"l«'f'llll1oC ~ns::tro&III!\~.J'CXIIIC......rra~~.."..~c ~ P:;? MARSH USA INC CERI ¡j- (.';AI t: U' ·N~UKANL.r:. --, . ..........:;. 1 ~... ::::.; '-" . CLE..(JC04S62';S_01 P':'OOUCER TH>S CERT]F]CATE IS ISSU~ A ."'ATTER OF INFOR....AnON ONLV ANa CONFERS MARSH USA INC. NO RlCHTS UPON THE CE:TIF]CATE HOLDER OTHER THAN THOSE PROVIOED IN THE 1255 23RD STREET. NW SUITE 400 PQUCY. THIS CERTlFIC,.\Tc: aOES NOT AMEND, EXTEND OR ALTe,::r; THE cov=~).G:: WASHINGTON. DC 20037 AFFORDED BY THE POUCIES DESCRIBED HEREI,~. Attn; ASU - T-202 263-7600 COMPANIES AFFORDING COVERAGE COMPANY ~00420-P8G-ALLOO- A CONTINENTAL CASUAL T'I' COMPANY INSURED COMPANY THE PEPSI BOTTLING GROUP. INC. B AMERICAN CAS CO READING. PA 1 PEPSI WAY SOMERS. NY 10589 COMPANY C N/A COMPANY D N/A COVERAGES' ..:.:.... - . This certificate sùpersedes and replaces any previously issued certificate for the policy period noted below. 2 .. -"." THIS ]S TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HERE]N HAVE BEEN ISSUED TO THE INSURED NAMED HERE!N FOR THE POLICY PER:OO INDICATE::. NOTWlT"rlSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR ~t..W PERTAiN. mE INSURANCE AFFORDED BY ThE POLICIES DESCR]BED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUS]ONS OF SUCH "CUCIES. L".II'S S>'C·..." MAY HAVE BEEN REDUCED BY PAID CLAIMS. I I CO TYPE OF ]NSURANCE POUCV NUMBER I POUCY EFFECTIVE POUCY EXPIRATION I UMliS LTR ' DATE (MM/OONY). OAT" (,"'MIOONY) I A ~ERALUABIUTY GL211366347 01/01101 01/01/02 I GENERAL AGGREGATE Is 2.COO,OOO I X ,COMMERCIAL GENERAL UAB]UTY I PROouC'S· COMP/O? AGG ! S 2.COO.000 QJ CLAIMS MADE [8] OCCUR PERSONAL & AOV INJURY IS I.COO.OOO H OWNER'S & CONTRACTO~S PROT EACH OCCURRENCE !S I.COO.OOO FIRE QAM,.\GE. rAny or:e tire) Is 1CO.000 , MEO ËXP r~ or:e :::ers.cn) Is 5.000 A I AUTOMOBILE UABIUTY IBUA211366350 (AOS) 01101/01 01/01/02 I COMBINEO SINGLE LIMIT IS 1,COO,OCO i-- 01101/02 A X ANY AUTO 8UA211366364 (TX) 01/01101 r-- IS ALL OWNED AUTOS BOOll Y INJURY r-- (Pet" pef'$CnJ SCHEDULED AUTOS r-- IS HIRED AUTOS BODilY INJURY . r-- , (PO( .~~eol NON-QWNED AUTOS r-- IS r-- PR.OPE.~ÏY OAMAGË ~~' "'"On AUTO ONLY - EA ACCloE-NT Is ANY AUTO OTHER THAN AUTO ONLY: I I EACH ACCIDENT I S I I AGGREGA õE I S RCESS UABIUTY \ EACH OCCURRENCe Is UMBRELLA FORM AGGREGATE is orNER mAN UMBRELLA FORM Is 8 I WORKERS ca;y'?~NS~TION ANO WC21136Ô302 (AGS) 01/01101 01/01102 X I T~~Lt~;ts I I UERi EMPLOYERS' UAßIUTY WC211366316 (MN) 01/01/02 EL EACH ACCIDENT IS 1.000.000 B 01/01/01 mE PROPRIETORl WC211366333 (OR,WI) 01/01/01 01/01102 EL OISEASE-POLICY LIMIT Is I.COO,QOO 8 PARTNERS~ECUT~E RINCL EL DISe,o,SE-EACH EMPlOYEEI s 1.COO.Oeo OFF1CE-::¡S ARE: EXCL . ulHER I , , ~ - DESCRIPTION OF OPERATlONSILOCATlONSNEHICLESISPECtAL ITEMS ¡UMITS MAY BE SUBJEct TO OEoUCT]BLES OR RETENTIONS) REQUIRED 8Y CONïRACï WlïH ST. LUCIE COUNTY IS INCLUDED AS ADDITIONAL INSURED FOR GENERAL LlABILlT'I'/AUTOM08ILE LIABILIT'I' AS THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION SMOUL.O ANT OF 1"Jo;E PQ..;c:es Oe~13ë:O I"IE_=t!IN :Ie CU<êl,.\.!O 1i:::C~~~: ~>fU7:C~ ::...::. -;¡"E..~æ:·::F. 'fIotE INSURER "';FORCII'tG :O'I!iUCiê '¡'O 'fll.. !NO!.wCA TO UAII. -.-10 ~"'I'S -NAIi":'"!.o,¡ ~~C! ~ ':')-!£ ST. LUCIE COUNTY c.exrslCATE I'1OL.Cvt ~E~ ME.REIN. aUT F"IL.IJ~5 '1"0 ""'.. S\J04 '+O~CE $¡oo~:" ~s¡ -.0 :~e;.r.cN CJI: A TTN: LINDA 8ROWN UASIUr"I" os: AHY )(IHO uPC.'" r1-I! INSl,;R~~ 4FFOROIN(¡ CC'JE.:;u.CE.IT$ .a.C¡:...ïS':.R ~e.;rQË'SË..a"~.!5. 2300 VIRGINIA AVENUE FT. PIERCE. ,=L 34982 MARSH USA INC. BV: Jeffrey Stump ~ 7i!z;::;;:? ,.I IoIMI [9/99) VALID AS OF: 06/14,01 ~ '-" '-" 1 0/03/2001 Page 1 S. County Pouring Rights Compound Period .......: Continuous Nominal Annual Rate... : 5.750 % Effective Annual Rate.. : 5.919 % . Periodic Rate .............. : Undefined Daily Rate................... : 0.01575 % CASH FLOW DATA Event Start Date Amount Number Period End Date 1 Loan 08/21/2001 107,250.00 1 2 Payment 08/15/2002 1 ;>,699.92 9 Annual 08/15/2010 AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Principal Balance Loan 08/21/2001 -- 107,250.00 2001 Totals 0.00 0.00 0.00 1 08/15/2002 15,699.92 6,240.30 9,459.62 97,790.38 2002 Totals 15,699.92 6,240.30 9,459.62 2 08/15/2003 15,699.92 5,787.75 9,912.17 87,878.21 2003 Totals 15,699.92 5,787.75 9,912.17 3 08/15/2004 15,699.92 5,215.76 10,484.16 77,394.05 2004 Totals 15,699.92 5,215.76 10,484.16 4 08/15/2005 15,699.92 4,580.59 11,119.33 66,274.72 2005 Totals 15,699.92 4,580.59 11,119.33 5 08/15/2006 15,699.92 3,922.49 11,777.43 54,497.29 2006 Totals 15,699.92 3,922.49 11,777.43 6 08/15/2007 15,699.92 3,225.44 12,474.48 42,022.81 2007 Totals 15,699.92 3,225.44 12,474.48 7 08/15/2008 15,699.92 2,494.14 13,205.78 28,817.03 2008 Totals 15,699.92 2,494.14 13,205.78 8 08/15/2009 15,699.92 1,705.54 13,994.38 14,822.65 2009 Totals 15,699.92 1,705.54 13,994.38 9 08/15/2010 15,699.92 877.27 14,822.65 0.00 2010 Totals 15,699.92 877.27 14,822.65 Grand Totals 141,299.28 34,049.28 107,250.00 j./' '-' ...." ." AGENDA REQUEST ITEM NO. C - 10 A DATE: October 9,2001 REGULAR [ ] PUBLIC HEARING [ CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMlTTED BY: Airport Paul Phillips SUBJECT: Accept the Florida Department ofTransportation (FDOT) Joint Participation Agreement (JP A), and authorize the Chairman to execute the JP A and resolution 01-220 authorizing the Chairman to sign the agreement, for the construction of security fencing at St. Lucie County International Airport. This JP A provides for $204,000 of the $255,000 necessary for the project. This is a 80% JP A with the Florida Department of Transportation, the balance of20% ($54,000) is available in the Airport's budget. St Lucie County INTERNATlONA BACKGROUND: In March 2000, the Board approved the funding request for security fenciqg at St. Lucie County International Airport. The Florida Department of Transportation (FDOT) has previously provided $88,000 of$ll 0,000 to fund the design and construction of security fencing. In July 200 I, the construction bids for Curtis King Blvd. fencing project were opened. The sole bidder for the project was R. A. Reymann in the amount of$143,560.00. Since this bid exceeded the funds available to fund the project, the FDOT agreed to provide an additional $201,000 towards this and other security fencing projects. The Board has budgeted 20% ($54,000) as matching funds for fiscal year 2001/2002 for the security fencing project. FUNDS A V AILABLE IN ACCT#: Matching funds of$51 ,000 are available in the Airport Project Reserve Account. (140-9910-599330-800). PREVlOUS ACTION: n/a RECOMMENDATION: Staff recommends that the Board accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A), and authorize the Chairman to execute the JP A and resolution_O 1-220 authorizing the Chairman to sign the agreement, for the construction of security fencing at S1. Lucie County International Airport. This JP A provides for $204,000 of the $255,000 necessary for the project. This is a 80% JP A with the Florida Department of Transportation, the balance of 20% ($54,000) is available in the Airport's budget. COMMISSION ACTION: [;APPROVED [ ]DENIED [ ]OTHER: E: Reviews & Avvrovals County Attorney: Originating Dept: Finance:(Check :6 OMB Other: opy only, if applicable) Purchasing Other: . 1 I f ., v .....,,¡ RESOLUTION NO. 01-220 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 407380-1-94-01) FOR INSTALLATION OF PERIMETER SAFETY FENCING AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following detenninations: . I. The Florida Department of Transportation has awarded the County funding for the Installation of Perimeter Safety Fencing at the St. Lucie County International Airport (Fin. Proj. No. 407380-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 407380-1-94-01) to provide funding for the installation of perimeter safety fencing at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above-referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on this resolution was as follows: Chairperson Frannie Hutchinson Vice-Chairperson Doug Coward Commissioner Cliff Barnes Commissioner Paula A. Lewis Commissioner John D. Bruhn I \..i ....., PASSED AND DULY ADOPTED this 9th day of October, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRPERSON DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 '-' '-' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 725-030-06 PUBLIC TRANSP ADMIN 07101 Page 1 of 12 PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: Fund: DS FLAIR Approp: 088719 407380-1-~1 (Item-segment-phase-sequence) Function: 637 FLAIR Obj.: 750004 Org. Code: 55042010428 Contract No: Federal No: Vendor No: VF 596000835030 Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number: 55004 THIS AGREEMENT, made and entered into this day of, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and 51. Lucie County Board of County Commissioners hereinafter referred to as the AGENCY. WIT N ESE T H: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6). Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration ofthe mutual covenants, promises and representations hereinJhe parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to install perimeter safety fencing. and as further described in Exhibit(s) A. B. C & F attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. ~ 'wi FORM 725-<130-06 PUBLIC TRANS? ADMIN 07101 Page 2 of 12 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable Jaw to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost The total estimated cost of the project is $ 255.000.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 204.000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the worK program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding (isHis not) applicable. If applicable, the Department mayJnitial1y pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (i&} (is not) applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph .4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. '-" "'-'" FORM 725-030-06 PUBLIC TRANSP AOMIN 07/01 Page 3 at 12 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in confonnity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Govemments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been-approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All cheeks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site. visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the tenns ofthis Agreement for a period off three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions or OMS Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal Agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, the cost of the audit must be paid from non-Federal funds. The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the '-' ....., FORM 72~30-06 PUBLIC TRANSP ADMIN 07/01 Page 4 0112 requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB circular A-133, Section .32?(d), the ~gency shall prov~de a copy of the reporting package and any management letters to the Department, or copies of auditor reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Govemor, the State Comptroller, and the Auditor General. State awards will be identified using the Catalog of State Rnancial Assistance (CSF A) title and number, award number and year, and name of the awarding State agency. Ifthe Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General. In detennining the State awards expended in its fisca! year, the agency shall consider all sources of State awards except State awards except State awards received for Federal program matching requirements shall be excluded from consideration. State awards will be identified using the Catalog of State Rnancial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 564, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 other Requirements: If an audit discloses any significant audit findings relating to any award..!. including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department '-' '..."I FORM 72s.œ0.06 PUBLIC TRANSP ADMIN 07101 Page 5 of 12 of T~~~portation, District Four, Publ~c Transportation Office 3400 W. Commercial Blvd. Ft. Lauderdale, Florida, 33309 its ~eqUlsitlon on a fonn or fonn~ PrE7scnbed by the Department, and other data pertaining to the project account (as defined In paragraph 7.10 hereof) to Justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real pwperty. 8.20 The Departmenfs Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data fumished therewith or pursuant hereto; 8.22 Utigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Deparbnent The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of Interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or tenninates federal financial assistance to the project. In the event of suspension or tennination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In detennining the amount of the payment, the Department will exclude all projects costs incurred by the Agency pòor to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audìt or for work or services perfonned pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency OINing \",..- ....., FORM 725-0»00 PUBLIC TRANSP ADMIN 07/01 Page 6 of 12 such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: . 9.10 T~rmination or Suspension Generally: Ifthe Agency abandons or, before completion, finally discontinues the Pl'OJect; or If, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely compfetion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final tennination or suspension notice under this paragraph, the Agency shall proceed promptly to cany out the actions required therein which may include any or all of the following: (1) necessary action to tenninate or suspend, as the case may be, project activities and contracts and such other action as may be requiroo or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) fumish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previeusly received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of tenns and conditions imposed by the Department upon the failure of the Agency to fumish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida StaMes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall pennit, and shall require its contractors to permit, the Departmenfs authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be suffICient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 12.20 Compliance with Consultants' Competitive Negotiation Act It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. '-'" ......I FORM 72S-œQ.œ PUBLIC 1RANSP ADMIN 07101 Page7of12 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the canying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or Ï<N/ materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI· Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department ofTransportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII· Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Aclof 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: '-' 'wi FORM 72S-03O-œ PUBLIC TRANSP ADMIN 07101 Page ð Of 12 "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect. in this contract or the proceeds thereof." The provisions of this sub~~ction s~all not be applicable to any agreement behNeen the Agency and its fiscal depositories, or to any agreement for utility serviCes the rates for which are fixed or controlled by a Governmental agency. . 13.60 Interest of ~embers of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in confonnance with all applicable environmental regulations including the securing of any applicåble pennits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable pennits. and will reimburse the Department for any loss incurred in connection there't'\lÏth. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or·default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law_ 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance INith any provision thereof, partO"" any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changðS and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good worKing order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply INith the tenns of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be detennined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. '-' 'wi FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 9 of 12 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless th.e.Department and all of its offi~er:s, agents, ~nd employees from any claim, loss, damage, cost, charge, or expense anslng out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the peñonnance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions setforth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fISCal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be re 1dered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the peñormance of services required under this Agreement, that party will immediately fO/Ward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) wor1dng days and will jointly discuss options in defending the claim. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations con~ming any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17 .20 Multi-Year Commitment: In the eventthis Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The '-" 'wi FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 10 Of 12 Depa~ment, during any tis.cal year, shall not expend money, incur any Jiabitity, or enter into any contract which, by its terms Involves the expenditure of mo~ey in excess of the amounts budgeted as available for expenditure during such fi~1 year. Any contract, verbal or wntten, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the maki~g of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 expiration of Agreement: The Agency agrees to complete the project on or before October 31, 2003 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District Four . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. . 19.00 Agreement Format All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of "Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, H in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lObbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. '-' "WI FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 11 of 12 If a payment is not available within 40 days after receipt of the invoice and receipt. inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be retumed to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include ading as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contaded at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287. 133(2)(a) "A person or affiliate who has been placed on the convided vendor list following a convidion for a public entity crime may not submit a bid on a contrad to provide any goods or services to a public entity, may not submit a bid on a contrad with a public entity for the construdion or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perfonn work as a contrador, supplier, subcontractor, or consultant under a contrad with any public entity, and may not transad business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being pfaced on the convided vendor list. " 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contrad to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construdion 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 contrador, supplier, subcontractor, or consultant under a contrad with any public entity, and may not transad business with any public entity. ~ 'wtI FORM 725-030-06 PUBLIC T"RANSP ADMIN 07/01 Page 12 0112 Financial Project No. 407380-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FOOT st. Lucie County Board of County Commissioners COMPTROLLER FUNDING APPROVAL DATE: BY: ATTORNEY DEPARTMENT OF TRANSPORTATION TITLE: DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS ATTEST: TITLE: (SEAL) ATTEST: APPROVED AS TO FORM, LEGALITY TITLE: (SEAL) '-" "-'" Fin. Proj. No.: 407380-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners PROJECT LOCATION: St. Lucie County Board of County Commissioners PROJECT DESCRIPTION: Install Perimeter Safety Fencing SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall ¡ndude an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C·. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A '-' EXHIBIT "B" PROJECT BUDGET ....,¡ Fin. Proj. No.: 407380-1-94-01 Contract No.: Agreement Date: This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and S1. Lucie County Board of County Commissioners I. TOTAL PROJECT COST: $255,000 II. PAR1lCIPATlON: Federal Participation: FAA, FTA, UMTA, etc. Agerq Participation: In-Kind Cash Other MaximlJ11 Department Participation: Primary (OS) (DDR) (DIM) (PORl) Federal Reimbt.rsable (DlJ) (FRA) (DFTA) Local Reimbur'satAe (Dl) III. TOTAl. PROJECT COST: O.OOOÆJ 20.000ÆJ 8O.000ÆJ . $0 $0 $51,000 $0 $204,000 $0 $0 $256,000 'Ir.w ...",,¡ Exhibit C Page 1 of 2 Fin. Proj. No.: 407380-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners Documents required to be submitted to the deparbnent by the Agency in accordance with the tenns of this agreement. SUBMITT AUCERTIFICATION BASIS FOR ACCEPTANCE Consultant Selection Compliance Design Submittal· 100% Plans. Specifications and Contract Documents, signed and sealed by Registered Professional Engineer Agency Attomey's Certification Engineer Certification.... Construction/Procurement Department Letter Safety Compliance (a) Department Review (b) Agency Certification Release for Notice to Proceed Department Letter Annual Audit Reports Agency Certification Completion Per Specifications Agency Certification * Plans, Specifications, Engineering Report One (1) Full Size set and (1) 11x17 set to be sent directly to: Rebecca L. Rivett Aviation Coordinator Office of Modal Development, D4 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 .... Criteria for development and certification of plans, specifications, and contract documents is defined in the DESIGN DEVELOPMENT CRITERIA Section of this Exhibit. '- ....,¡ EJChibit C Page 2 of 2 Fin. Proj. No.: 407380-1-94-01 Contract No.: Agreement Date: DESIGN DEVELOPMENT CRITERIA The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project are hereinafter collectively referred to as ·plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in the Joint Participation Agreement, Section 1.00, ·Purpose of Agreement", and Exhibit ·A" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards. · Federal Aviation Administration Regulations and Advisory Circulars · Florida Department of Transportation Standards of Design for General Aviation Projects . State of Florida Manual of Unlfonn Minimum Standards for Design, Construction and Maintenance for Streets and Highways · State of Florida Manual on Unifonn Traffic Control Devices · State of Florida Roadway and Traffic Design Standards Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project Note: The currènt version(s) or edition(s) as of the execution date of the Engineering Agreement for the design of the project. '-' .....,¡ FP No.: 407380-1-94-01 Contract No.: Agreement Date: EXHIBIT up' SPECIAL AIRPORT ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners I. GENERAL a. These assurances shall be complied with in the performance of master planning, land acquisition, economic development or capital improvement projects which contain NO federal funds. b. Upon acceptance of this Joint Participation Agreement by the sponsor, these' assurances are incorporated in and become a part thereof. II. DURATION The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for any airport development project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant agreement utilizing state funds for the project. However, there shall be no limit on the duration of the assurances with respect to real property acquired with project funds. III. SPONSOR CERTIFICATION The sponsor hereby assures and certifies, with respect to this grant: a. It has sufficient funds available for that portion of the project costs not paid for by the State. It has suffICient funds available to assure operation and maintenance of items it will own or control funded under the grant agreement. b. It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department, that good title will be acquire4 c. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the Federal Airport and Airway Improvement Act of 1982, or successive legislation; the regulations and the terms, conditions and assurances in the grant agreement; and shall ensure that such arrangement also requires compliance therewith. '-' ......... d. It will adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, mar1<ing, or lighting, or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. e. It will make its airport available as an airport for public use on fair and reasonable tenns. f. It will pennit no exclusive rights for the use of the airport by any persons providing, or intending to provide aeronautical services to the public. g. All revenues generated by the airport will be expended by it for the capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the owner or operator of the airport and directly related to the actual aerial transportation of passengers or property. h. Once accompfished, it will keep up-to-date a minimum of an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, tenninal buildings, hangars and roads), induding all proposed extensions and reductions of existing airport facilities; 1:Ind (3) the location of all existing improvements thereon. v '-" .... ITEM NO. C-IO-B DATE: October 9,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airoort Paul Phillips SUBJECT: A ward the base construction bid and alternate one to R. A. Reymann, Inc. in the amount of$143,560.00 for the installation of security fencing along Curtis King Blvd. at St. Lucie County International Airport. St. Lucie County INTERNAT/¡ AGENDA REQUEST BACKGROUND: In March 2000, the Board approved the funding request for security fencing at St. Lucie County lntemational Airport. The Florida Department of Transportation (FDOT) has previously provided $88,000 of$ll 0,000 to fund the design and construction of the projeçt. In July 2001, the construction bids for this project were opened. The sole bidder for the project was R. A. Reymann in the amount of$143,560.00. Since this bid exceeded the funds available to fund the project, the FDOT agreed to provide an additional $201,000 towards this and other security fencing projects. The Board has budgeted 20% ($54,000) as matching funds for fiscal year 200112002 for the security fencing project. The engineer has reviewed the bids and recommends that the project be awarded to the low bidder R. A. Reymann. FUNDS A V AlLABLE IN ACCT#: Matching funds are available in Airport lmprovements other than Building account. (140-4210-563000-400). Grant funds will be made available in 140-4210-563000- 400. PREVIOUS ACTION: In March 2000, the Board approved the funding request to the FAA and FDOT. In June 2000, the Board approved the professional services proposal with Williams Hatfield & Stoner to design the project for $34,810. RECOMMENDATION: Staff recommends that the Board of County Commissioners award the base construction bid and alternate one to R. A. Reymann, Inc. in the amount of $143,560.00 for the installation of security fencing along Curtis King Blvd. at 8t. Lucie County International Airport. COMMISSION ACTION: fc]APPROVED [ ]DENIED [ ]OTHER: CON~CE: ¡ ,- r Reviews & Approvals " County Attorney:~· OMB Originating Dept: Other: Finance:(Check for opy only, if applicable) Purchasing Other: I C <II £) - ¡;: w C;I 0 .J C;I IL > ~ >-1;: 0:", -- (Q ~::> W - %0 ;:0 () --i. '" :::> ¡¡ W ::> -.., ..J ¡..: let I <AI co It) o . "I""" o ;t e - >m 1-. z ::::)1- Ow OW WJ: -tn Oz ::::)0 ...J_ .1- 1-« tn...J ::::) m « l- e - m I- 0:: o a- 0:: « Z...J 0« -z <Q º< O::z 0::0:: -W el- Zz «- C>~ Zz -::::) 00 ffio LLW 0::- wO 1-::::) W...J ::æ:...,: -tn 0::1- ~« '-' I- a::: o a- 0:: « · o ...J tn o 'WI - I I- . a- 0:: . 0 W > 0 - W tn Z 0 0 z a- W tn LL W N W 0:: =It: 0 Z 0:: Z ::::) 0 W.J . ~I C O::~ Q Z ~~ - W > ...J~ · . 0 ::æ: z 0 . - Q a- - . z 0 0 Z 0 0 q . . « N "I""" ::æ: 0 @) =It: "I""" 0:: >.J "I""" 0 Wu.. ~ "I""" o::~ 0 e 0 · In N Z « w :::I - W · a "I""" > 0:: w .... "I""" ~ e ::::) . . - I- '"") m z . . ...J ::::) C « 0 W I- ::æ: Z 0 · W I- « a- I · I - .. ~ C W ü: ¡::: o z en ~ z < c. :E o U LL o c::: w m :E ::I Z Ø) - ;' C W I- ::I m õ:: I- en C en I- Z w :E ::I U o C c m LL o c::: w m :E ::I Z . N ". . ë w > ü:i u w c::: en c æ LL o c::: w m :E ::I Z E o ~ '- CIS ø " c CIS E CI) " '- CI) ~ '-' 'WI ST. LUCIE COUNTY PURCHASING DEPARTMENT ADDENDUM 1 BID #01-058 PERIMETER FENCING AND IRRIGATION AT ST. LUCIE COUNTY INTERNATIONAL AIRPORT '"-:.";!:', July 2, 2001 TO ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the Bid Documents of the above captioned Project, and shall become an integral part of the Contract Documents. Please note the contents herein and affix same to the documents you have on hand. Indicate on-the Bid Form that this Addendum has been received. Page 9 accurately describes the insurance requirements for this bid, Commercial General liability = $1,000,000 per occurrence - $3,000,000 per job aggregate. Page 19 is part of a draft copy of a 81. Lucie County contract which reflects the -$1,000,000 per occurrence.· It is a requirement that both the irrigation and fencing be bid together. If you have any questions, call (561) 462-1700. r 1"1 t,iJ· Î' C. ~¡J\ Please sign and return by mail or fax to (561) 462-1294. é1' . NAME OF FIRM: ;(,1/, ~Alð,f/N ]:N'C-, SIGNATURE: .~~~ DATE: o7/ðy/cJ/ / . , ~ ""'" BID FORM All bids must be submitted in a sealed envelope addressed to the St. Lucie County Purchasing Manager, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. BID # 01-58 Perimeter Fencing and Irrigation at St. Lucie County International Airport St. Lucie County Port and Airport Authority I, Ronnie A. Revmann REPRESENTING R.A.Revrnann. Inc. Companyand/or Corporation, agree to perform all ofthe requirements to complete the work required in the specifications for the price of: ITEM NO. ESTIMATED QUANTITY . .. .:<:~~~;;;i;:'~~;~~~:t[{·. 1B~~~'Bìði.': DESCRIPTION '." UNIT PRICE TOTAL PRICE ,.'J'-' "".....,.. ;:..",~:",',;'..,,"^:';:'" ;·:-!.:c;' G-100-1 Peñormance Bond, Payment Guaranty and Insurance G-100-2 Consideration for Indemnification I I I G-100-3 Mobilization F-162·1 Chain Link Fence - 8' F-162-2 Electric Slide Gate (8' x 16') #1 Operator and Entry System F-162-3 Electric Slide Gate (8' x 161 #2 Operator and Entry System F-162-4 Electric Slide Gate (8' x 16') #3 Operator and Entry System F-162·5 Swing Gate, 8' x 16' F-162-6 Pedestrian Gate I I I , I Front-End-Specs/188P/053101 LS X $ IlS = $ 1,250.00 LS X $ IlS = $ 16,250.00 LS X $ IlS = $ 8,500.00 900 LF X $ 19.44 IlF = $ 17,500.00 EA X $ 20,000.00 lEA = $ 20,000.00 1 EA X $ 20,000.00 lEA = $ 20 ,000.00 EA X $ 20,000.00 lEA = $ 20,000.00 EA X $ 3,250.00 ÆA = $ 3,250.00 2 EA X $ 1,625.00 ÆA~$ 3,250.00 TOTAL BASE BID $ 110,000.00 27 I , I , j I. I f I I '-' .....; ITEM NO. ESTIMATED UNIT QUANTITY PRICE DESCRIPTION TOTAL PRICE F-162-1A F-162-5A F-162-6A AlitÊ~~A1"E1 ,"" :....;-;,. :~. , 1,500 LF X $ 15.00 ILF = $ 29.160.00 EA X $ 2.500.00 ÆA = $ 2.500.00 2 EA X $ 950.00 ÆA = $ 1,900.00 Chain Link Fence - 8' Swing Gale, 8' x 16' Pedestrian Gale TOTAL ALTERNATE 1 $ 33,560.00 ALiERNAtE2 LS X $ ILS W-100-1 Irrigation - Phase t = $ 21,000.00 TOTAL ALTERNATE 2 $ 21.000.00 ~". . ... Å~tE~~AtEt LS X $ ILS '..,..' W-100-2 Irrigation - Phase 2 = $ 24.000.00 TOTAL ALTERNATE 3 $ 24,000.00 GRAND TOTAL BASE BID PLUS AL TERNA TES $ 188,560.00 EA = Each LF = Linear Fool LS = Lump Sum Bid Obligation It is understood that this Bidder is bound by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening. The Board of County Commissioners reserves the right to waive any informalities or minor irregularities, reject any and all bids which are incomplete, conditional, obscure, or which contain additions not allowed for, accept or reject any bid in whole or in part with or without cause, and accept the bid which best serves the County. The Board of County Commissioners reserves the right to award the contract to the lowest bidder based on a combination of the base bid plus any or all alternates, in the best Interest of the County. Front-End-Specs/188PI053101 28 I I ì I ! \~ '''.. V " '-' "++ ~ '---"- - ~ ~ ,.(>::::~~~~~~~~;~~I~r~~~~==~:~:~;::>, /ff:! --..----- t (.:y..... _-----------------À-- ,,~ " " /~; ~ t, .-::'~ /,/,/ '''''',>, ~i'r "" ';¡. /" /' ~" .... ... ~ 11:1.···. ¡' / , +~'_ ::~.:.p& ,,¡' I .... .... -? " F , " '.... _....;:........ :;:~~~'::'::~L:::/ ß L-"'--~ \), " "<"'i:lnJl, I : - G r~ ~/"I---~-- *-X~)( --x r: - ~--,,,./ - ,~""".....G='...--.17 '" , "~ ;§ I i ~v_~': .. 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COfoISULTWO rllQY£(RS . PlANkCflS. SUFM:YORS , L A' OtrJ.-t:fDŒor"A>!OI£N( ,9, EJ / ) I" ;tlO - ~._._--"--~ -- ,. '. <;> W ..."" ~ ' t:¡~~~~~~~~"'(~~'i II I I ì ~ 1'"111.11.1.1. ~~~!i~~~fmll u· t § ~r~" '~~à ~ ~~~~~~§ ~ I'~! ~, ~ ~, ~ ~ i . ~" ~~ i } ~e í "! i ¡ ~ J ~ ¡ ;. I ~ " I i . ì <¿;» , , , , " ...', ',', ',', ',', ''':'''... ">", ":~" "~', ',>, '<~"~" "~:" ", " ... ... ......... "~', "''t~ "~', ..... .,~ ...." ":',"l...~. '''':'\.. '<::;" '<::>, ~tH .. .. ... .. "~8 "~~" ":~" ~,." -( "'l " " ... '. '\:... '<~>, , , , , , , " " ... ... ',~---...'/ / / ". ~ I / " ',. >. .. ...~, " < " "", ,", , "/ a ê ~ ~ f e . ~ î ! ~ -.~~ ~.~~ ~ '" ; w .., ~ MATCH UtfE SEE SHEET a ST. LUCIE COUNTY INTCRNA TIONAL AIRPORT PERIMETER FENCING ANO IRRIGATION FENCE LOCATION PLAN -----...--. ~ WILLIAMS, HATFIELD & STONER. INC. t:ONSUlTMJrNGiNlTRS .pt"NNE~. SUR'o{\'ORS :l1\I'''OOI'~ANDP(''5''YlItU[.SUlIIJOII.f( f!llAlJD(MI''''{.rL.nm -.> ,.,-.,.......? 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